Opinions by Other Justices of the FIrst Court of Appeals, sitting in Houston, Texas Chief Justice Sherry Radack Justice Timothy Taft Justice Sam Nuchia 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 |
| Recent Opinions by Houston Appeals Court Justice Terry Jennings |
2008 Civil Cases with Opinions by Justice Jennings (2008 Opinions) Cramer v. State Farm Mutual Auto Ins. Co. (Tex.App.- Houston [1st Dist.] Nov. 6, 2008)(Jennings) (denial of motion to transfer venue re determined de novo by county court on appeal) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings Before Justices Jennings, Hanks and Bland) 01-08-00270-CV Daniel Cramer and Saejin Cramer v. State Farm Mutual Automobile Insurance Company Appeal from County Court at Law No 1 of McLennan County Trial Court Judge: Hon. Mike Freeman Garcia v. Harding (Tex.App.- Houston [1st Dist.] Oct. 9, 2008)(Jennings) (SAPCR, appointment of father as primary JMC affirmed) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Judge Wilson, Justices Jennings and Bland 01-07-01049-CV Ann Mercadel Garcia v. Robert E. Harding Appeal from 300th District Court of Brazoria County Trial Court Judge: Hon. K. Randal Hufstetler In the Matter of BW, (Tex.App.- Houston [1st Dist.] Oct. 2, 2008)(opinion on rehearing by Jennings) (juvenile law, prostitution) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings and Bland 01-07-00274-CV In The Matter of B. W. Appeal from 314th District Court of Harris County Trial Court Judge: Hon. John Phillips Nguyen v. Barahona (Tex.App.- Houston [1st Dist.] Aug. 28, 2008)(Jennings) (personal injury, damages, workplace injury safety) MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings and Bland 01-07-00454-CV Nga "Andy" Nguyen and Ching Enterprises, Inc. v. Doris Barahona Appeal from 151st District Court of Harris County Trial Court Judge: Hon. Caroline E. Baker Texas Mutual Ins. Co. v. Ruttiger (Tex.App.- Houston [1st Dist.] July 31, 2008) (opinion on rehearing by Jennings) (worker's compensation insurance bad faith, code violation, DTPA, loss to credit reputation) MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: 01-06-00897-CV Texas Mutual Insurance Company v. Timothy J. Ruttiger Appeal from 122nd District Court of Galveston County Trial Court Judge: Hon. John Ellisor Tran v. Trinh (Tex.App.- Houston [1st Dist.] July 31, 2008)(Jennings) (claim of breach of partnership agreement, jury found no partnership agreement, effect of failure to file request for partial record, UDJA attorney's fees) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings and Bland 01-07-00662-CV Hang Tran d/b/a Parisian Bakery v. Lien Trinh and Intervenor Manh Tran Appeal from County Civil Court at Law No 1 of Harris County Kahng v. Verity (Tex.App.- Houston [1st Dist.] July 31, 2008)(Jennings) (auto PI, death, negligence, wrongful death, man running into freeway, no time to swerve, NE-SJ properly granted, failure to preserve error) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Taft, Jennings and Bland 01-07-00695-CV Clara Kahng, Individually and on behalf of Wony Kahng, Gredo Kahng, Howard Kahng and Sarah Roh v. John Richard Verity Appeal from 164th District Court of Harris County Trial Court Judge: Hon. Martha Hill Jamison In the Matter of BW (Tex. App.- Houston [1st Dist.] July 31, 2008)(Jennings) (juvenile case, prostitution) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings and Bland 01-07-00274-CV In The Matter of B. W. Appeal from 314th District Court of Harris County Trial Court Judge: Hon. John Phillips Wood v. Texas Chiropractic College (Tex.App.- Houston [1st Dist.] July 24, 2008) (Jennings) (suit by student against private educational institution, DTPA, misrepresentation, no reliance shown, NE-SJ) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Taft and Jennings, The Honorable Hudson 01-07-00952-CV Kelly Wood v. Texas Chiropractic College Appeal from 190th District Court of Harris County Trial Court Judge: Hon. Jennifer Walker Elrod Goldberg v. Commission for Lawyer Discipline (Tex.App.- Houston [1st Dist.] July 3, 2008)(Taft) (attorney disciplinary matter, jurisdiction re: disbarment where criminal conviction was set aside) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Jennings and Bland 01-07-01104-CV Daniel Goldberg v. Commission for Lawyer Discipline, and State Bar of Texas Appeal from 295th District Court of Harris County Trial Court Judge: Hon. Tracy Christopher Concurring Opinion by Justice Jennings Rinn v. Wennenweser (Tex.App.- Houston [1st Dist.] July 3, 2008)(Jennings) (real estate law, easement dispute, validity) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Taft, Jennings and Bland 01-07-00763-CV Leeland Rinn v. Max Wennenweser Appeal from 155th District Court of Austin County Trial Court Judge: Hon. Dan R. Beck In re Walker (Tex.App.- Houston [1st Dist.] June 30, 2008)(Jennings) (termination of parental rights, mandamus against denial of motion to dismiss suit after dismissal deadline had passed) GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Jennings Before Justices Taft, Jennings and Bland 01-08-00348-CV In re Kristal Timish Walker a/k/a Kristal Timisha Walker Appeal from 314th District Court of Harris County Trial Court Judge: Hon. John Phillips Dissenting Opinion by Justice Keyes (issued July 1, 2008) Karen McCright v. Rodriguez (Tex.App.- Houston [1st Dist.] June 26, 2008)(Jennings) (property dispute, foreclosure, deed) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings and Bland) 01-07-00480-CV Karen McCright v. Josh Rodriguez and Emmett Sterling Huff Appeal from 125th District Court of Harris County Trial Court Judge: Hon. John Coselli In Re Tina Benkiser, Republican Party of Texas (Tex.App.- Houston [1st Dist.] June 9, 2008) (Jennings) (election mandamus on eve of party convention denied b/c contested hearing set for same day in trial court) DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Terry Jennings Before Justices Taft, Jennings and Bland 01-08-00451-CV In re Tina Benkiser, Chairman, Republican party of Texas, and The Republican Party of Texas Appeal from County Civil Court at Law No 4 of Harris County Trial court judge: Visiting Judge Tom Sullivan Presiding judge: Hon. Roberta Ann Lloyd (who was out of town at the time TRO was granted) Edascio, LLC v. NextiraOne, LLC (Tex.App.- Houston [1st Dist.] May 22, 2008)(Jennings) (commercial law, breach of contract, JNOV, parol evidence rule bars introduction of evidence to prove claim) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings and Bland 01-07-00362-CV Edascio, L.L.C. v. NextiraOne, L.L.C. Appeal from 281st District Court of Harris County Trial Court Judge: Hon. David J. Bernal Attorneys: Stephen G. Tipps, James J. Ormiston, D. Scott Funk, Jennifer Kingaard | Sean Gorman, James E. Doyle Salmeron v. T-Mobile West Corp. (Tex.App.- Houston [1st Dist.] Apr. 24, 2008)(Subst. op. by Jennings) (county court's dismissal of appeal from JP court was error, appeal bond was timely after all as shown by supplemental record) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings and Bland 01-07-00532-CV Stella Salmeron v. T-Mobile West Corporation Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: Hon. Jacqueline Lucci Smith UTMB v. Railsback (Tex.App.- Houston [1st Dist.] Apr. 17, 2008)(Jennings) (HCLC, moton to dismiss, absence, adequacy of expert report) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER JUDGMENT: Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings and Bland 01-07-00729-CV University of Texas Medical Branch v. Lynda Railsback Appeal from 405th District Court of Galveston County Trial Court Judge: Hon. Wayne J. Mallia Irannezhad v. Aldine ISD (Tex.App.- Houston [1st Dist.] Mar. 20, 2008)(Jennings) (property tax litigation, tax suit, delinquent taxes, school district litigation) AFFIRM TC JUDGMENT: Opinion by Justice Jennings 01-07-00794-CV Mohammad Irannezhad v. Aldine Independent School District (ISD) Appeal from 270th District Court of Harris County Trial Court Judge: Hon. Brent Gamble Justice Jennings dissents in criminal appeal from conviction for unauthorized use of a car Jennings Dissent in Battise v. State (Tex.App.- Houston [1st Dist.] Jan. 31, 2008)(Jennings) OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Jennings Before Justices Nuchia, Jennings and Keyes 01-06-00935-CR Ruscel Lovel Battise v. The State of Texas Appeal from 344th District Court of Chambers County I agree with the majority that the evidence is legally sufficient to support the conviction of appellant, Ruscel Lovel Battise, of the offense of unauthorized use of a vehicle. (1) However, the majority misapplies the standard of review for determining the factual sufficiency of the evidence. It then erroneously concludes that the evidence in this case is factually sufficient to support the jury's implied finding that appellant operated the complainant's car "without the complainant's effective consent." Accordingly, I respectfully dissent. Majority opinion: Battise v. State (Tex.App.- Houston [1st Dist.] Jan. 31, 2008)(Keyes) Hudson & Keyse, LLC v. Gipson (Tex.App. - Houston [1st Dist.] Jan. 31, 2008)(Jennings) (credit card debt suit, DWOP, substitute service, motion to reinstate) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings and Bland 01-07-00380-CV Hudson & Keyse, L.L.C. v. Lavern W. Gipson and Emmett Gipson Appeal from County Civil Ct at Law No 1 of Harris County (Judge Jack Cagle) Smith v. County of Galveston (Tex.App.- Houston [1st. Dist.] Jan. 31, 2008)(Jennings) (prison food poisoning claim dismissed, discovery dispute, attorney malpractice) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings and Bland 01-07-00634-CV Glenn F. Smith v. County of Galveston, Texas Appeal from 122nd District Court of Galveston County (Hon. John Ellisor) Salmeron v. T-Mobile No. 01-07-00532-CV (Tex.App.- Houston [1st Dist.] Jan. 24, 2008)(First [superseded] opinion by Jennings) (county court jurisdiction, appellate timetable, appeal from JP court was not timely) (Note: In new opinion released Apr. 24, 2008, court concludes that bond was filed timely, and that dismissal was thus error) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings and Bland Stella Salmeron v. T-Mobile West Corporation Appeal from County Civil Court at Law No 2 of Harris County (Judge Jacqueline Lucci Smith) Texas Mutual Ins. Co. v. Ruttiger (Tex.App.- Houston [1st Dist.] Jan. 17, 2008)(Jennings) (insurance law, workers comp, unfair practices, Insurance Code claim, DTPA) MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Jennings Before Justices Nuchia, Jennings and Keyes 01-06-00897-CV Texas Mutual Insurance Company v. Timothy J. Ruttiger Appeal from 122nd District Court of Galveston County (Hon. John Ellisor) Valentine v. Cunningham (Tex.App.- Houston [1st Dist.] Jan. 17, 2008)(Jennings)(attorney referral fee) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Nuchia, Jennings and Keyes 01-07-00054-CV Michael J. Valentine v. Lloyd R. Cunningham, Jr., and Cunningham & Associates, P.C. Appeal from 151st District Court of Harris County (Hon. Caroline Baker) Civil Appeals Decided 2007 With Opinions Authored by Justice Terry Jennings Gordon v. Godsey (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Jennings) (real estate law, trespass to try title) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Nuchia, Jennings and Keyes 01-07-00494-CV Ronald X. Gordon v. Flora Godsey Appeal from 234th District Court of Harris County (Judge Reece Rondon) Zalud v. Schiro DDS (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Jennings) (HCLC dental malpractice, expert report, partial record on appeal) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Nuchia, Jennings and Keyes 01-06-00200-CV Lucille C. Zalud v. John Christian Schiro, D.D.S. Appeal from 400th District Court of Fort Bend County (Judge Clifford Vacek) McMichael v. McMichael (Tex.App.- Houston [1st Dist.] Dec. 13, 2007)(Jennings) (SAPCR, MTM, child support increase) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Nuchia, Jennings and Keyes 01-06-01037-CV Henry Cleburne McMichael, IV v. Jackie McMichael Appeal from 311th District Court of Harris County (Hon. Doug Warne) E. I. du Pont v. Shell Oil Co. (Tex.App.- Houston [1st Dist.] Nov. 15, 2007)(Jennings)(breach of indemnity agreement, defense costs) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Jennings Before Justices Nuchia, Jennings and Keyes 01-07-00118-CV E. I. du Pont de Nemours and Company v. Shell Oil Company Appeal from 127th District Court of Harris County (Hon. Sharolyn Wood) St. Raphael Medical Clinic, Inc. Mint Medical Pysician Staffing (Tex.App.- Houston [1st Dist.] Oct. 25, 2007)(Jennings) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings Before Justices Nuchia, Jennings and Keyes 01-06-00983-CV St. Raphael Medical Clinic, Inc. v. Mint Medical Physician Staffing, LP d/b/a Prime Staff Appeal from Co Civil Ct at Law No 1 of Harris County (Hon. Jack Cagle) C & K Investments v. Fiesta Group, Inc. (Tex.App.- Houston [1st Dist.] Aug. 2, 2007)(usury) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings and Bland 01-05-01113-CV C & K Investments; Ken D. Parr a/k/a Kenneth Darwin Parr, Sr.; Corine Thornton Parr; and Parr Family Limited Partnership d/b/a C & K Investments v. Fiesta Group, Inc. Appeal from 189th District Court of Harris County (Judge Hon. William R. Burke, Jr) McAlester Fuel Co. v. Smith International Inc. (Tex.App.- Houston [1st Dist.] Jul. 26, 2007) (commercial dispute, breach of contract, BoC, DTPA, release, jury instruction) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Nuchia, Jennings and Higley 01-05-00468-CV McAlester Fuel Company v. Smith International, Inc., d/b/a Smith Services Appeal from 11th District Court of Harris County (Hon. Mark Davidson) Jennings Dissent in McAlester Fuel Co. v. Smith International Inc. (Tex.App.- Houston [1st Dist.] Jul. 26, 2007) McCarthy v. Wani Venture (Tex.App.- Houston [1st Dist] Jun. 28, 2007)(Hanks) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Jennings, Hanks and Higley 01-04-00921-CV Marcie McCarthy v. Wani Venture, AS Appeal from 129th District Court of Harris County (Trial court judge: Hon. Grant Dorfman) Justice Jennings dissented in McCarthy v. Wani Venture (Tex.App.- Houston [1st Dist] Jun. 28, 2007)(Dissent by Justice Jennings) McKay v. DFPS (Tex.App.- Houston [1st Dist.] Jun. 21, 2007)(Jennings)(termination of parental rights AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Taft, Jennings and Alcala 01-06-00568-CV Sandra McKay v. Department of Family and Protective Services Appeal from 313th District Court of Harris County (Hon. Pat Shelton) Marrot Communications, Inc. v. Town & Country Partnership d/b/a Town & Country Village (Tex.App.- Houston [1st Dist.] May 31, 2007)(Jennings) (real estate law, deed, constable sale, set aside) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings Before Justices Nuchia, Jennings and Higley 01-06-00068-CV Marrot Communications, Inc. v. Town & Country Partnership d/b/a Town & Country Village- Appeal from 61st District Court of Harris County (Hon. John Donovan) Ortiz v. Martinez (Tex.App.- Houston [1st Dist.] May 17, 2007)(Jennings)(PI-auto jury) [PI auto jury instruction unavoidable accident instruction] AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Taft, Jennings and Alcala 01-05-00984-CV Joe H. Ortiz, Mario H. Ortiz, Leonardo H. Ortiz, Juan Garcia & Ramon Hernandez Salas v. John Martinez--Appeal from 281st District Court of Harris County (Judge David J. Bernal) Motiva Enterprises LLC v. McCrabb (Tex.App.- Houston [1st Dist.] May 17, 2007)(Jennings) (government entity law, condemnation) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Nuchia, Jennings and Higley 01-06-00701-CV Motiva Enterprises, LLC v. Audeen McCrabb, Norma Ann Euton, Connie Mendez, Tom Mendez, Kirk McCrabb, Kathy McCrabb, Scott McCrabb, Sarah McCrabb, Joseph McCrabb and Rebecca McCrabb--Appeal from Co Civil Ct at Law No 4 of Harris County (Hon. Judge Roberta A. Lloyd) Error in Exclusion of Evidence Found - Right to Arbitrate Waived Interconex, Inc. v. Ugarov (Tex.App.- Houston [1st Dist.] May 3, 2007)(Jennings) [jury, exclusion of evidence, causal nexus] REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings and Alcala 01-05-00524-CV Interconex, Inc., d/b/a Interdeaninterconex v. Nick Ugarov Appeal from 280th District Court of Harris County (Judge Tony Lindsay) Justice Jennings takes Justice Nuchia to task for mis-characterizing premises defect claim into health care liability claim Marks v. St. Luke's Episcopal Hospital (Tex.App.- Houston [1st Dist.] May 3, 2007)(Nuchia)(opinion on remand)(HCLC, standard of care, expert report) AFFIRM TC JUDGMENT: Opinion by Justice Nuchia Before Justices Nuchia, Jennings and Alcala 01-04-00228-CV Irving W. Marks v. St. Luke's Episcopal Hospital Appeal from 215th District Court of Harris County (Judge Levi J. Benton) Justice Jennings wrote separately in Marks v. St. Luke's World Savings Bank, FSB v. Alaniz (Tex.App.- Houston [1st Dist.] Aup. 5, 2007)(Jennings) [default judgment, restricted appeal, traditional MSJ] Justice Jennings writes separately in death penalty sanctions case; criticizes his fellow justices for not explaining decisions in a precedent setting published opinion In re Satish Gupta (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Higley)(death penalty sanctions) Justice Jennings wrote separately in In re Satish Gupta (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Concurrence by Jennings) David Carl Wormington v. The State of Texas (Tex.App.- Houston [1st. Dist.] Mar. 22, 2007)(Jennings) CHCA Mainland LP v. Burkhalter (Tex.App.- Houston [1st Dist.] Mar 8, 2007)(Justice Terry Jennings) El Naggar Fine Arts Furniture v. Indian Harbor Ins. Co. (Tex.App.- Houston [1st Dist.] Mar. 1, 2007)(Terry Jennings) Pool v. DFPS pka CPS (Tex.App.- Houston [1st Dist.] Mar. 1, 2007)(Justice Terry Jennings) Flores v. Cuevas (Tex.App.- Houston [1st Dist.] Mar. 1, 2007)(Justice Terry Jennings) Adams v. DFPS (Tex.App.- Houston [1st Dist.] Feb. 22, 2007)(Justice Terry Jennings) Kumar, MD v. Hill(Tex.App.- Houston [1st Dist.] Feb. 15, 2007)(Justice Terry Jennings) Pepi Corp. v. Galliford (Tex.App.- Houston [1st Dist.] Feb. 8, 2007)(Dissent by Justice Terry Jennings) Higley Dissent in Pepi Corp. v. Galliford (Tex.App.- Houston [1st Dist.] Feb. 8, 2007)(dissenting opinion by Justice Higley) Stiles v. Memorial Hermann Healthcare System (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(Justice Terry Jennings) 2007 Separate Opinions by Justice Jennings McCarthy v. Wani Venture (Tex.App.- Houston [1st Dist] Jun. 28, 2007)(Hanks) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Jennings, Hanks and Higley 01-04-00921-CV Marcie McCarthy v. Wani Venture, AS Appeal from 129th District Court of Harris County (Trial court judge: Hon. Grant Dorfman) Justice Jennings dissents in McCarthy v. Wani Venture (Tex.App.- Houston [1st Dist] Jun. 28, 2007)(Dissent by Justice Jennings) Concurring Opinion by Justice Jennings in Earvin v. Department for Family and Protective Services (DFPS) (Tex.App.- Houston [1st Dist.] Mar 15, 2007)(concurrence by Jennings) Earvin v. Department for Family and Protective Services (DFPS) (Tex.App.- Houston [1st Dist.] Mar 15, 2007)(Higley) 2007 Opinions by Justice Jennings - Civil and Criminal Cases (with disposition data) World Savings Bank, FSB v. Alaniz (Tex.App.- Houston [1st Dist.] Apr. 5, 2007)(Jennings) [default judgment, restricted appeal, traditional MSJ] REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Jennings (Before Chief Justice Radack, Justices Jennings and Bland) 01-06-00549-CV World Savings Bank, FSB v. Julio Alaniz and Susana Beltran Appeal from 113th District Court of Harris County In re Satish Gupta (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Higley) [death penality sanctions case] DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Higley (Before Justices Nuchia, Jennings and Higley) 01-06-00678-CV In re Satish Gupta, SB International, Inc., Trinity Recycling, Inc., and Manish Gupta Appeal from 344th District Court of Chambers County (Hon. Carroll E. Wilborn, Jr.) In re Satish Gupta (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Concurrence by Jennings) [Dissent opinions that denial of mandamus in this extraordinary case merits explanation in precedent setting opinion] OPINION CONCURRING WITH THIS COURT'S JUDGMENT: Concurring Opinion by Justice Jennings (Before Justices Nuchia, Jennings and Higley) 01-06-00678-CV In re Satish Gupta, SB International, Inc., Trinity Recycling, Inc., and Manish GuptaAppeal from 344th District Court of Chambers County (Hon. Carroll E. Wilborn, Jr.) Porteous v. The State of Texas (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Jennings) AFFIRM TC JUDGMENT: Opinion by Justice Jennings (Before Chief Justice Radack, Justices Jennings and Bland) 01-06-00419-CR Robert Anthony Porteous v. The State of Texas Appeal from 339th District Court of Harris County Adams v. DFPS (Tex.App.- Houston [1st Dist.] Feb. 22, 2007)(Justice Jennings) AFFIRM TC JUDGMENT: Opinion by Justice Jennings (Before Chief Justice Radack, Justices Jennings and Bland) 01-06-00243-CV Kay Adams v. Department of Family and Protective Services Appeal from 315th District Court of Harris County Kumar, MD v. Hill(Tex.App.- Houston [1st Dist.] Feb. 15, 2007)(Justice Jennings) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Jennings (Before Justices Nuchia, Jennings and Higley) 01-06-00045-CV Ramesh T. Kumar, M.D. v. John Hill, Ind. and d/b/a Info Systems Architects, Inc., A Texas Corporation, a/k/a ISA--Appeal from 212th District Court of Galveston County Layton v. The State of Texas (Tex.App.- Houston [1st Dist.] Feb. 15, 2007)(Nuchia) AFFIRM TC JUDGMENT: Opinion by Justice Nuchia (Before Justices Nuchia, Jennings and Higley) 01-05-00950-CR Daniel Layton v. The State of Texas--Appeal from Co Crim Ct at Law No 2 of Harris County Layton v. The State of Texas (Tex.App.- Houston [1st Dist.] Feb. 15, 2007)(Dissent by Jennings) OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Jennings (Before Justices Nuchia, Jennings and Higley) 01-05-00950-CR Daniel Layton v. Castenano v. The State of Texas (Tex.App.- Houston [1st Dist.] Feb. 15, 2007)(Justice Jennings) AFFIRM TC JUDGMENT: Opinion by Justice Jennings (Before Justices Nuchia, Jennings and Higley) 01-05-01042-CR Marvin Castenano v. The State of Texas Appeal from 232nd District Court of Harris County El Naggar Fine Arts Furniture v. Indian Harbor Ins. (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(Justice Jennings)(opinion superseded by a subsequent substitute opinion) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings (Before Justices Nuchia, Jennings and Higley) 01-05-01069-CV El Naggar Fine Arts Furniture, Inc., and Ahmed El Naggar v. Indian Harbor Insurance Company--Appeal from 165th District Court of Harris County Broussard v. The State of Texas (Tex.App.- Houston [1st Dist.] Feb. 15, 2007)(Justice Jennings) MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Keyes (Before Justices Nuchia, Keyes and Higley) 01-05-01123-CR Gene Michael Broussard v. The State of Texas--Appeal from 21st District Court of Washington County Pepi Corp. v. Galliford (Tex.App.- Houston [1st Dist.] Feb. 8, 2007)(Higley) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Higley (Before Justices Jennings, Hanks and Higley) 01-05-00788-CV Pepi Corporation v. Brett Galliford d/b/a Green Electronics--Appeal from Co Civil Ct at Law No 1 of Harris County Pepi Corp. v. Galliford (Tex.App.- Houston [1st Dist.] Feb. 8, 2007)(Dissent by Jennings) OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Jennings (Before Justices Jennings, Hanks and Higley) 01-05-00788-CV Pepi Corporation v. Brett Galliford d/b/a Green Electronics Appeal from Co Civil Ct at Law No 1 of Harris County Whitehead v. The State of Texas (Tex.App.- Houston [1st Dist.] Feb. 8, 2007)(Justice Jennings) AFFIRM TC JUDGMENT: Opinion by Justice Jennings (Before Chief Justice Radack, Justices Jennings and Bland) 01-06-00352-CR Rickey Glenn Whitehead v. The State of Texas Appeal from 339th District Court of Harris County Whitehead v. The State of Texas (Tex.App.- Houston [1st Dist.] Feb. 8, 2007)(Justice Jennings) AFFIRM TC JUDGMENT: Opinion by Justice Jennings (Before Chief Justice Radack, Justices Jennings and Bland) 01-06-00353-CR Rickey Glenn Whitehead v. The State of Texas Appeal from 339th District Court of Harris County Stiles v. Memorial Hermann Healthcare System (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(Justice Jennings) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings (Before Chief Justice Radack, Justices Jennings and Alcala) 01-05-00473-CV Mattie Stiles v. Memorial Hermann Healthcare System Appeal from Co Civil Ct at Law No 4 of Harris County El Naggar Fine Arts Furniture v. Indian Harbor Ins. (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(Justice Jennings)(opinion superseded by a subsequent substitute opinion) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings (Before Justices Nuchia, Jennings and Higley) 01-05-01069-CV El Naggar Fine Arts Furniture, Inc., and Ahmed El Naggar v. Indian Harbor Insurance Company--Appeal from 165th District Court of Harris County Smith v. The State of Texas (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(Justice Jennings) AFFIRM TC JUDGMENT: Opinion by Justice Jennings (Before Justices Nuchia, Jennings and Higley) 01-05-01095-CR Robert Lee Smith v. The State of Texas Appeal from 184th District Court of Harris County Smith v. The State of Texas (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(Justice Jennings) AFFIRM TC JUDGMENT: Opinion by Justice Jennings (Before Justices Nuchia, Jennings and Higley) 01-05-01096-CR Robert Lee Smith v. The State of Texas Appeal from 184th District Court of Harris County Balderas v. The State of Texas (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(Justice Jennings) AFFIRM TC JUDGMENT: Opinion by Justice Jennings (Before Justices Nuchia, Jennings and Higley) 01-06-00472-CR Angel Tavera Balderas v. The State of Texas Appeal from Co Crim Ct at Law No 3 of Harris County |