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


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