Opinions by Other Justices of the First Court of Appeals, sitting in Houston, Texas Chief Justice Sherry Radack Justice Timothy Taft (former) Justice Jim Sharp Justice Sam Nuchia (former) Justice Terry Jennings Justice Evelyn Keyes Justice Elsa Alcala Justice George C. Hanks, Jr. Justice Laura C. Higley Justice Jane Bland |
Justice Terry Jennings won election to the First Court of Appeals in 2000 and was sworn in by Texas Supreme Court Justice Greg Abbott, who later became Texas Attorney General, a position he still occupies. Like fellow Justice Elsa Alcala, Jennings previously served as a prosecutor in the Harris County District Attorney's Office. Jennings earned his law degree from the University of Houston Law Center. Justice Jennings is the most independent jurist on the court. In fiscal year 2006 Justice Jennings wrote 22 concurring opinions and three dissents. His 25 separate opinions account for almost 60% of concurrences and dissents on the 9 member court, of which four Justices never wrote separately during that same time period. Justice Jennings ranks third statewide in the number of separate opinions. His total number of concurring and dissenting opinions exceeded the total for all justices on several other courts of appeals. Justice Jennings’ majority opinions also draw dissenting views from other members on his court. Justice Jennings is a Republican, as are all of his peers on the court. Jennings was re-elected as an unopposed incumbent in the 2006 general election. Find more judge and court information at the Houston-Opinions Home Page |
| 2009 Opinions by Houston Appeals Court Justice Terry Jennings - First Court of Appeals |
2009 Civil Cases with Opinions by Justice Terry Jennings Also see ---> Recent Civil Case Opinion by Justice Jennings Valencia v. DFPS (Tex.App.- Houston [1st Dist.] Dec. 22, 2009)(Jennings)(termination reversed) Appellant challenges the trial court’s termination of his parental rights to his minor child. In three issues, Valencia contends that his court-appointed attorney’s performance at trial “was so patently deficient that [he] was denied any meaningful assistance of counsel altogether” and the evidence presented against him at trial, as revealed in a five and one-half page trial transcript, is legally and factually insufficient to support the trial court’s findings that he endangered the child and that termination of his parental rights is in the child’s best interest. We reverse that portion of the decree terminating the parent- child relationship between Valencia and V.V. REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Higley and Sharp 01-08-00345-CV Joe Lewis Valencia v. Department of Family and Protective Services Appeal from 313th District Court of Harris County Trial Court Judge: Hon. Pat Shelton Walker v. Livingston (pdf)(Tex.App.- Houston [1st Dist.] Dec. 17, 2009)(Keyes) (Jennings) (pro se inmate suit) Appellant, Freddie Lee Walker, who is incarcerated and represents himself pro se, challenges the trial court’s order dismissing his lawsuit against appellees, Brad Livingston, Nathaniel Quarterman, Gary Gomez, Larry LeFlore, Pamela Williams, Beverly Stewart, Doug Waldron, J.P. Guyton, and Richard Trinci, and other officials with the Texas Department of Criminal Justice (“TDCJ”), Footnote for violating the Equal Protection Clause of the United States Constitution Footnote by refusing to provide him a certain inmate classification. In four issues, Walker contends that a Travis County district court erred in transferring venue of the case from Travis County to Brazoria County, the trial court “improperly dismissed the entire case and should have stayed the remaining lawsuit,” the trial court abused its discretion in dismissing his case under Chapter 14 of the Texas Civil Practice and Remedies Code, and the trial court erred in denying his new trial motion. We affirm. AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Higley and Sharp 01-08-00959-CV Freddie Lee Walker v. Brad Livingston, Nathaniel Quarterman, Gary Gomez, Larry Leflore, Pamela Williams, Beverly Stewart, Doug Waldron, J.P. Guyton, and Richard Trinci Appeal from 412th Judicial District Court of Brazoria County Trial Court Judge: Hon. W. Edwin Denman BHP Billiton Petroleum (Americas), Inc. v. Atlantia Offshore Ltd. (pdf) (Tex. App.- Houston [1st Dist.] Dec. 4, 2009)(Jennings) (arbitration dispute, interlocutory appeal) DISMISS APPEAL: Opinion by Justice Terry Jennings Before Justices Jennings, Higley and Sharp 01-09-00509-CV BHP Billiton Petroleum, (Americas) Inc. v. Atlantia Offshore Limited Appeal from 215th District Court of Harris County Trial Court Judge: Hon. Steven E. Kirkland In Re BHP BIlliton Petroleum (Americas) Inc. (pdf) (Tex.App. - Houston [1st Dist.] Dec. 4, 2009)(Jennings) DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Jennings (arbitration mandamus denied) Before Justices Jennings, Higley and Sharp 01-09-00647-CV In re BHP Billiton Petroleum (Americas) Inc. Appeal from 215th District Court of Harris County Craig v. Varon (Tex.App.- Houston [1st Dist.] Dec. 3, 2009)(Jennings) (real estate contract, indemnity agreement, trial of issues by consent) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Higley and Sharp 01-08-00794-CV Bob Craig, 6030 South Rice, Ltd. v. Jacobo Varon, Charter Title Company Appeal from 127th District Court of Harris County Trial Court Judge: Hon. Shearn Smith Andy's Sunmart #352, Inc. v. Reliant Energy Retail Services (Tex.App.- Houston [1st Dist.] Nov. 5, 2009) (Jennings) (sworn account judgment reversed, reasonableness of charges not established) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings Before Justices Jennings, Higley and Sharp 01-08-00890-CV Andy's Sunmart #352, Inc., Holcombe Sunmart Inc., aka Sunmart #139 and Adnan A. Najm, Individually v. Reliant Energy Retail Services Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Hon. Roberta A. Lloyd Morris, MD v. Umberson (Tex.App.- Houston [1st Dist.] Nov. 5, 2009)(Jennings) (Because section 51.014(a)(9) plainly prohibits interlocutory appeals of orders granting extensions, appeal is premature and is dismissed for lack of jurisdiction)(attempted interlocutory appeal dismissed for lack of jurisdiction) DISMISS APPEAL 9/5: Opinion by Justice Jennings Before Justices Jennings, Higley and Sharp 01-09-00644-CV Michael Morris, M.D.'s v. Mary Umberson Appeal from 269th District Court of Harris County Trial Court Judge: Hon. Dan Hinde David Rafes, Inc. v. Huml (Tex.App.- Houston [1st Dist.] Oct. 29, 2009)(Jennings) (defamation business disparagement claim re product quality, tortious interference with prospective business relationships, substantial truth defense to defamation claim succeeds) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Higley and Sharp 01-08-00856-CV David Rafes, Inc. v. Michael Huml and Slowboy Racing, Inc. Appeal from 11th District Court of Harris County Trial Court Judge: Hon. Mark Davidson ERG Resources LLC v. Merlon Texas, Inc. (Tex.App.- Houston [1st Dist.] Oct. 29, 2009)(Jennings) (oil gas and minerals law, no valid contract for sale, no conversion claim if minerals no longer owned by plaintiff) AFFIRM TC JUDGMENT: Opinion by Justice Terry Jennings Before Justices Jennings, Higley and Sharp 01-08-01007-CV ERG Resources. LLC v. Merlon Texas, Inc. Appeal from 333rd District Court of Harris County Trial Court Judge: The Honorable Joseph J. Halbach Washington v. TDJA-ID (Tex.App.- Houston [1st Dist.] Oct. 29, 2009)(Jennings) (inmate litigation, prisoner's pro se suit dismissed, noncompliance with disclosure requirements re prior law suits)(trial court's order dismissing case for "want of prosecution" and for "lack of merit" affirmed) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Higley and Sharp 01-06-01188-CV Michael G. Washington v. TDJC-ID AGCY Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: Hon. Gary Michael Block Union Carbide & Hexion Specialty Chemicals, Inc v. Smith (Tex.App.- Houston [1st Dist.] Oct. 1, 2009) (Jennings)(asbestos case, independent contractors issue of control, exclusive remedy defense, Workers Compensation Act). REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Alcala and Higley 01-08-00641-CV Union Carbide & Hexion Specialty Chemicals, Inc.'s v. Oliver D. Smith and Peggy Ann Bowen Smith Appeal from 122nd District Court of Galveston County Trial Court Judge: Hon. John Ellisor Disqualification of judge from asbestos case denied by en banc court of appeals even though judge's former firm handled similar cases - Justice Jennings dissents. In Re Wilhite (Tex.App.- Houston [1st Dist.] Sep. 25, 2009)(en banc opinion by Alcala) (mandamus to remove judge on claim of disqualification denied)(judicial disqualification)(asbestos litigation) DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Alcala Before Justices Jennings, Alcala and Higley 01-09-00387-CV In Re Edward and Margie Wilhite Appeal from 11th District Court of Harris County Dissenting Opinion by Justice Jennings re disqualification of judge from asbestos case Simmons v. Hollyview Apartments (Tex.App.- Houston [1st Dist.] Sep. 24, 2009) (eviction appeal, attorneys fees in forcible entry and detainer case) AFFIRM TC JUDGMENT: Opinion by Justice Terry Jennings Before Justices Jennings, Higley and Sharp 01-08-00231-CV Gregory Simmons v. Hollyview Apartments Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: Hon. Jacqueline Lucci Smith Justices Alcala and Jennings Spar over Alcala's Panel Opinion on Motion for En Banc (whole-court) Review Macy v. Waste Management, Inc. (Tex.App.- Houston [1st Dist.] Aug. 28, 2009)(Dissent by Jennings) OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Jennings Before Chief Justice Radack, Justices Alcala and Hanks 01-07-00276-CV Griffin Macy v. Waste Management, Inc. Appeal from 157th District Court of Harris County Alcala Response to Jennings' Dissent to Denial of En Banc Review in Macy v. Waste Management, Inc. (Tex.App.- Houston [1st Dist.] Aug. 28, 2009) (Concurrence with denial of en banc reconsideration by Justice Alcala) (proper designation of opinions issues by the court) OPINION CONCURRING WITH THIS COURT'S JUDGMENT: Concurring Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Hanks 01-07-00276-CV Griffin Macy v. Waste Management, Inc. Appeal from 157th District Court of Harris County Trial Court Judge: The Honorable Randall Wilson Justices Jennings and Alcala part ways over viability of siblings' bystander claim for brother's drowning death Jones v. City of Houston (Tex.App.- Houston [1st Dist.] Aug. 27, 2009)(Jennings) (TTCA, drowning death of child, uncovered culvert, siblings' bystander claim rejected) ("we hold that the City's summary judgment evidence established as a matter of law that the Jones siblings could not recover as bystanders for any mental anguish and emotional trauma caused by their brother's drowning. ) (TTCA, drowning death of child, uncovered culvert, siblings' bystander claim for wrongful death of brother rejected, drowning deaths) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Alcala and Higley 01-08-00905-CV Landon Jones and Loren Jones v. City of Houston Appeal from 215th District Court of Harris County Trial Court Judge: Hon. Levi J. Benton Dissenting Opinion by Justice Alcala in Jones v. City of Houston Air Products & Chemicals Inc. v. Odfjell Seachem (Tex.App.- Houston [1st Dist.] Aug. 27, 2009)(Jennings) (jury charge error claim overruled, harmful error analysis, negligence per se claim, amending pleadings) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Keyes and Higley 01-08-00591-CV Air Products & Chemicals Inc. v. Odfjell Seachem A/S, Odfjell Asia Pte. Ltd., and Odfjell Singapore Pte., Ltd Appeal from 61st District Court of Harris County Trial Court Judge: Hon. John Donovan Sheppard v. Interbay Funding, LLC (Tex.App.- Houston [1st Dist.] Aug. 27, 2009)(Jennings) (real estate transactions, deeds, refinancing, declaratory judgment lien priority status, equitable subrogation) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings and Bland, The Honorable Hudson 01-07-00935-CV Leonard Sheppard, Jr., Trustee v. Interbay Funding, LLC Appeal from 400th District Court of Ft. Bend County Trial Court Judge: Hon Clifford J. Vacek Justice Jennings Dissents on Enforceability of Noncompete Provision Gallagher Healthcare Ins. Service, Inc. v. Vogelsang (Tex.App.- Houston [1st Dist.] Aug. 21, 2009)(Keyes) (enforceability of covenant-not-to-compete provision in employment agreement; noncompete held enforceable) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Evelyn Keyes Before Justices Jennings, Keyes and Higley 01-07-00478-CV Gallagher Healthcare Insurance Services, Inc. v. Page M. Vogelsang, Michelle Friede, Patti Philippone, Trisha Birdsong, and Lockton Companies, Inc. Appeal from 133rd District Court of Harris County Trial Court Judge: Hon. Lamar McCorkle Dissenting Opinion by Justice Jennings in Gallagher Healthcare Insurance Services, Inc. v. Vogelsang Justice Jennings dissents in work site injury case Moss v. Waste Management National Services, Inc. (Tex.App.- Houston [1st Dist] Aug. 20, 2009)(Bland) (work site injury, premises liability, direct negligence, right to control issue as predicate for liability for worker's injury, jury instructions) AFFIRM TC JUDGMENT: Opinion by Justice Jane Bland Before Justices Jennings, Hanks and Bland 01-07-01106-CV Kenneth W. Moss and Michelle Moss v. Waste Management National Services, Inc. Appeal from 125th District Court of Harris County Trial Court Judge: Hon. John Coselli Dissent by Justice Jennings in Moss v. Waste Management National Services, Inc. (Tex.App.- Houston [1st Dist] Aug. 20, 2009)(Jennings) ("I would hold that the trial court erred in submitting the question to the jury predicating Waste Management's liability to Moss on its right to control Rustin's work. Because it is fundamental to our system of justice that parties have the right to be judged by a jury properly instructed in the law and the trial court's error probably caused the rendition of a harmful judgment, I would remand the case to the trial court for a new trial. See Tex. R. App. P. 44.1(a)(1); Crown Life Ins. Co. v. Casteel, 22 S.W. 3d 378, 388 (Tex. 2000). The majority's holding and judgment to the contrary is in error. Accordingly, I respectfully dissent.") See --> other Houston appellate cases with dissent (or concurring opinion) Shipley Brothers, Ltd v. Republic National Bank (Tex.App.- Houston [1st Dist.] Aug. 13, 2009)(Jennings) (Subst. Op. by Jennings)(judgment vacated and replaced pursuant to settlement) SET ASIDE TC JUDGMENT AND REMAND CASE TO TC FOR RENDITION OF JUDGMENT IN ACCORDANCE WITH PARTIES' AGREEMENT: Opinion by Justice Jennings Before Judge Wilson, Justices Jennings and Bland 01-07-00911-CV Shipley Brothers, Ltd., Shipley Brothers, Inc., Lone Star Investments, Kenneth Shipley and Calvin Junek, Jr. v. Republic National Bank and Robert F. Larson Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Hon. Roberta A. Lloyd MasTec North America, Inc. v. El Paso Field Services, LP (Tex.App.- Houston [1st Dist.] Jul. 23, 2009) (Higley) (oil and gas business, pipeline replacement, breach of contract, due diligence lacking, JNOV reversed, entry of judgment on jury verdict ordered) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley Before Justices Jennings, Keyes and Higley 01-07-00319-CV MasTec North America, Inc. and Mastec, Inc. v. El Paso Field Services, L.P. and Gulfterra South Texas, L.P. f/n/a El Paso South Texas, L.P. Appeal from 334th District Court of Harris County OPINION DISSENTING TO THE COURT'S JUDGMENT: Dissenting Opinion by Justice Jennings Cobb v. Morace (Tex.App.- Houston [1st Dist.] Jul. 23, 2009)(Jennings)(mediated settlement agreement MSA, breach of settlement agreement)(summary judgment addressed more issues than covered by motion) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings Before Justices Jennings, Hanks and Bland 01-07-01036-CV W. Neil Cobb v. Johnny B. Morace and Geo-Lab, Inc. Appeal from 269th District Court of Harris County Trial Court Judge: Hon. John Thomas Wooldridge Cassidy v. TeamHealth, Inc. (Tex.App.- Houston [1st Dist.] Jul. 23, 2009)(Jennings)(no standing to pursue declaratory judgment claim, plea to the jurisdiction, opportunity to amend pleadings not exercised) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Keyes and Higley 01-08-00324-CV Crystal Cassidy v. The American Academy of Emergency Medicine, The Texas Academy of Emergency Medicine and Richard J. Ybarra v. TeamHealth, Inc., TeamHealth, P.A., Memorial Hermann Healthcare System, ACS Primary Care Physcians Southwest, P.A., and Teamhealth West Appeal from 80th District Court of Harris County Trial Court Judge: Hon. Lynn Bradshaw-Hull Poock v. Washington Mutual Bank [WaMu] (Tex.App.- Houston [1st Dist.] Jul. 16, 2009)(Jennings) (venue caselaw, mandatory venue, transfer required) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings Before Justices Jennings, Keyes and Higley 01-08-00415-CV Steven Poock & David Edwards v. Washington Mutual Bank Appeal from 270th District Court of Harris County Trial Court Judge: Hon. Brent Gamble Cricket Hollow Partners, L.P. v. MMA Cricket Hollow, LLC (Tex.App.- Houston [1st Dist.] Jul. 16, 2009) (Jennings) (partnership agreement, interpretation, construction of contract) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Keyes and Higley 01-08-00254-CV Cricket Hollow Partners, L.P. and Cricket Hollow Development, Inc. v. MMA Cricket Hollow, LLC Appeal from 11th District Court of Harris County Trial Court Judge: Hon. Mark Davidson Walker v. DFPS (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Hanks) (appeal with dissenting opinion) (termination of parental rights, ineffective assistance of counsel claim) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-07-00867-CV Frederick Dewayne Walker v. Department of Family and Protective Services Appeal from 314th District Court of Harris County Trial Court Judge: Hon. John Phillips Dissenting Opinion by Justice Jennings in Walker v. DFPS termination case Shipley Brothers, Ltd v. Republic National Bank (Tex.App.- Houston [1st Dist.] Jun. 11, 2009)(Jennings) (conversion, theft, and fraud, Texas Theft Liability Act, election of remedies doctrine, remittitur of the exemplary damages) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Before Judge Wilson, Justices Jennings and Bland. Opinion by Justice Terry Jennings 01-07-00911-CV Shipley Brothers, Ltd., Shipley Brothers, Inc., Lone Star Investments, Kenneth Shipley and Calvin Junek, Jr. v. Republic National Bank and Robert F. Larson Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Hon. Roberta A. Lloyd Concurring and Dissenting Opinion by Justice Bland (subrogation, double recovery, election of remedies) Bosch v. Armstrong (Tex.App.- Houston [1st Dist.] Jun. 11, 2009)(Jennings) (suit barred by judicial communications tort immunity, absolute privilege for communications in court proceeding, sanctions for baseless claim) AFFIRM TC JUDGMENT: Before Justices Jennings, Alcala and Higley 01-08-00847-CV Yigal Bosch v. Mark S. Armstrong and Paul Bailiff and Squire, Sanders & Dempsey L.L.C. Appeal from 280th District Court of Harris County Trial Court Judge: The Honorable Tony Lindsay In re Devon Energy Corp (Tex.App.- Houston [1st Dist.] Jun. 8, 2009)(Jennings) (arbitration mandamus granted, parallel arbitration proceeding, litigation stay imposed, nonsignatories) GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Terry Jennings 01-09-00174-CV In re Devon Energy Corporation, Devon Energy International, Ltd. and Texneft, Inc. Appeal from 165th District Court of Harris County Trial Court Judge:The Honorable Josefina Rendon Blair v. Blair (Tex.App.- Houston [1st Dist.] May 7, 2009)(Jennings)(divorce decree, alimony vs. spousal support tax treatment, nunc pro tunc (NPT) order, clerical error vs. judicial error, discrepancy between settlement agreement and final decree, clarification of final decree vs. modification of judgment, res judicata) MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Jennings Before Justices Jennings, Keyes and Higley 01-08-00686-CV Grace Blair v. Robert Blair Appeal from 387th District Court of Fort Bend County Trial Court Judge: Hon. Robert J. Kern Mireles v. Jack (Tex.App.- Houston [1st Dist.] Apr. 2, 2009)(Jennings) (void order, same-sex marriage divorce) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Keyes and Higley 01-08-00499-CV Andrew R. Mireles v. Jennifer S. Jack Appeal from 310th District Court of Harris County Trial Court Judge: The Honorable Lisa Millard Grant v. Laughlin Environmenal, Inc. (Tex.App.- Houston [1st Dist.] Mar. 26, 2009)(Jennings) (employment law, bonus, breach of contract, fraud, negligent misrepresentation, and quantum meruit) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings and Bland 01-07-00227-CV Carroll Grant v. Laughlin Environmental, Inc. Appeal from 164th District Court of Harris County Trial Court Judge: Hon. Martha Hill Jamison Somers v. Crane (Tex.App.- Houston [1st Dist.] Mar. 26, 2009)(Jennings) (shareholder derivative suit, breach of fiduciary duty, standing) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Hanks and Bland 01-07-00754-CV Raymond Somers, Derivatively on behalf of EGL, Inc., and Vivian Golombuski and Platinum PVA Fund, on behalf of themselves and all others similarly situated. v. James R. Crane, Milton Carroll, James C. Flagg, Frank J. Hevrdejs, Paul W. Hobby, Michael K. Jhin, Neil E. Kelley, Sherman Wolff, Centerbridge Partners, L.P., The Woodbridge Company Limited and nominal defendant EGL, Inc. Appeal from 125th District Court of Harris County Trial Court Judge: Hon. John Coselli Somers v. Crane (Tex.App.- Houston [1st Dist.] Mar. 26, 2009)(Jennings) (plea to the jurisdiction on the ground that Somers lacked standing to sue derivatively, special exceptions, motion to dismiss) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Hanks and Bland 01-08-00119-CV Raymond Somers, derivatively on behalf of EGL, Inc. v. James R. Crane, et al Appeal from 125th District Court of Harris County Trial Court Judge: Hon. John Coselli Starflight 50, LLC v. HCAD (Tex.App.- Houston [1st Dist.] Mar. 26, 2009)(Bland) (ad valorem tax protest, interstate allocation, temporary relocation) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-08-00234-CV Starflight 50, LLC v. Harris County Appraisal District and Harris County Appraisal Review Board Appeal from 125th District Court of Harris County Trial Court Judge: Hon. John Coselli Dissenting Opinion by Justice Jennings Knowles v. Wright (Tex.App.- Houston [1st Dist.] Mar. 19, 2009)(Jennings) (partnership claim rejected, fiduciary duty) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings Before Justices Jennings, Keyes and Higley 01-08-00546-CV Christopher Knowles and Mina Mann v. Jimmy D. Wright Appeal from 61st District Court of Harris County Trial Court Judge: Hon. John Donovan World Environmental,LLC v. Wolfpack Environmental, LLC (Tex.App.- Houston [1st Dist.] Mar. 12, 2009) (Jennings)(default judgment, restricted appeal, suit on account, quantum meruit) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings Before Justices Jennings, Keyes and Higley 01-08-00561-CV World Environmental, LLC v. Wolfpack Environmental, LLC Appeal from County Court at Law No 2 of Montgomery County Trial Court Judge: Judge Jerry Winfree Ocoa v. City of Galveston (Tex.App.- Houston [1st Dist.] Mar. 12, 2009)(Jennings)(TRO, injunction, CBA) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Keyes and Higley 01-08-00490-CV Renaye Ochoa and Thom Karlok v. City of Galveston Appeal from 405th District Court of Galveston County Trial Court Judge: Hon. Wayne J. Mallia Yazdchi v. R.P. Cornelius (Tex.App.- Houston [1st Dist.] Jan. 29, 2009)(Jennings) (summary judgment affirmed, no transfer to probate court) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Hanks and Bland 01-07-00844-CV Abbas Yazdchi and Habibolah Yazdchi v. R. P. Cornelius Appeal from 80th District Court of Harris County Trial Court Judge: Hon. Lynn Bradshaw-Hull Maryland Casualty Co. v. American Home Assurance Co (Tex.App.- Houston [1st Dist.] Jan. 29, 2009) (Subst. opinion by Jennings) (insurance law, subrogation, additional insured)(Maryland established that it had been prejudiced as a matter of law by NES's policy violations)(Mid-Continent Insurance Co. v. Liberty Mutual Insurance Co., cited, 236 S.W.3d 765 (Tex. 2007). REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Jennings Before Justices Taft, Jennings and Bland 01-07-00711-CV Maryland Casualty Company v. American Home Assurance Company and Illinois National Insurance Company, as Subrogees of National Equipment Services, Inc. Appeal from 113th District Court of Harris County Trial Court Judge: Hon. Patricia Hancock American Academy of Emergency Medicine v. Memorial Hermann Healthcare System (Tex.App.- Houston [1st Dist.] Jan. 29, 2009)(Jennings)(plea to the jurisdiction granted, subject matter jurisdiction, declaratory judgment, associational standing) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Hanks and Bland 01-08-00096-CV American Academy of Emergency Medicine and Humble Emergency Physicians, P.A. v. Memorial Hermann Healthcare System, Inc., Team Health, Inc. and ACS Primary Care Physicians- Southwest, P.A.--Appeal from 295th District Court of Harris County Trial Court Judge: Hon. Tracy Christopher Poland v. Ott (Tex.App.- Houston [1st Dist.] Jan. 22, 2009)(Jennings) OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Jennings Before Justices Taft, Keyes and Alcala 01-07-00199-CV Raymon Poland, Individually and as Independent Administrator of the Estate of Jessie Poland, Robert Martin, and Frank Martin v. Dr. David Ott--Appeal from 152nd District Court of Harris County Rimkus Consulting Group, Inc. v. Concierge Care Nursing Centers, Inc. (Tex.App.- Houston [1st Dist.] Jan. 8, 2009)(Jennings)(ILA, no interlocutory appeal from order striking intervention, DWOJ) DISMISS APPEAL: Opinion by Justice Jennings Before Justices Jennings, Hanks and Bland 01-08-00005-CV Rimkus Consulting Group, Inc. v. Concierge Care Nursing Centers, Inc. and Houston Concierge Care, L.P., et als--Appeal from 151st District Court of Harris County Also see --> 2010 Civil Appeals with Opinions by Justice Terry Jennings Also see --> 2008 Civil Appeals with Opinions by Justice Terry Jennings Also see --> 2007 Civil Appellate Opinions Authored by Justice Jennings . |
