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. 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. In Fiscal Year 2008-09 Justice Jennings wrote 131 opinions, 75 of which were signed opinions on the merits. Justice Jennings is a frequent dissenter, accounting for 11 of the court's 23 dissenting opinion in that one-year period. Justice Jennings is a Republican, as are most 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 |
2010 Civil Cases with Opinions by Justice Terry Jennings Shell Oil Company v. Ross (Tex.App.- Houston [1st Dist.] Feb. 25, 2010)(Jenning) (oil & gas law litigation - dispute over royalties, breach of contract, unjust enrichment, and fraud theories) (fraudulent concealment as tolling theory, constructive notice based on public record) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Terry Jennings Before Justices Jennings, Alcala and Higley 01-08-00713-CV Shell Oil Company, SWEPI LP d/b/a Shell Western E&P, Successor in Interest to Shell Western E&P, Inc. v. Ralph Ross Appeal from 133rd District Court of Harris County Trial Court Judge: Hon. Lamar McCorkle Dissenting Opinion by Justice Alcala in Shell Oil Co. v. Ross (would hold that lawsuit is barred by limitations because no evidence establishes fraudulent concealment of royalty underpayment by Shell) The Cadle Co as assignee of Amex v. Rollings (Tex.App.- Houston [1st Dist.] Feb. 25, 2010)(Jenning) (scire facias, revival of dormant judgment) We reverse the order of the trial court and render judgment granting Cadle’s motion for scire facias, thus reviving the dormant judgment. REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Hanks and Bland 01-09-00165-CV The Cadle Company by assignment from American Express Travel Related Services Company v. Frank A. Rollins, Individually, and D/B/A Lord's Pharmacy Appeal from 215th District Court of Harris County Trial Court Judge: Hon. Steven E. Kirkland Curtis & Windham Architects, Inc. (Tex.App.- Houston [1st Dist.] Feb. 25, 2010)(Jenning) (action complaining of overbilling did not arise from provision of professional services; hence no certificate of merit required to support claim) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Higley and Sharp 01-09-00760-CV Curtis & Windham Architects, Inc., Russel Windham and William Curtis v. John E. Williams and Sheridan Williams Appeal from 127th District Court of Harris County Trial Court Judge: Hon. Ravi K. Sandill Valencia v. DFPS (Tex.App.- Houston [1st Dist.] Feb. 11, 2010)(Jennings) (termination of father's parental rights based on prior criminal conduct reversed, ineffective assistance of counsel) Appellant, Joe Lewis Valencia, 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 had 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 the child. 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 In Re Martin (Tex.App.- Houston [1st Dist.] Feb. 4, 2010)(Jennings) (inmate litigation, prison-bound author's suit against would-be publisher dismissed as frivolous) Appellant, Timothy Paul Martin, who is incarcerated and represents himself pro se, contends that the trial court abused its discretion in determining that his lawsuit is frivolous and dismissing his lawsuit with prejudice without holding an evidentiary hearing. We affirm. AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Hanks and Bland 01-09-00175-CV In re Timothy Paul Martin Appeal from 412th Judicial District Court of Brazoria County Trial Court Judge: Hon. W. Edwin Denman Cash Rent-A-Car v. Old American County Mutual Fire Ins. Co. (Tex.App.- Houston [1st Dist.] Jan. 14, 2009) (Jennings)(conversion, trespass, fraud, negligent misrepresentation, breach of contract and bailment agreement, violations of the Texas Theft Liability Act, the Texas Deceptive Trade Practices Act (“DTPA”), and the Texas Insurance Code) Appellant, Cash Rent-A-Car (“RAC”), challenges the trial court’s rendition of summary judgment in favor of appellees, Old American County Mutual Insurance Company (“Old American”) and Affirmative Insurance Services, Inc. (“Affirmative”), in RAC’ s suit against appellees for conversion, trespass, fraud, negligent misrepresentation, breach of contract and bailment agreement, and violations of the Texas Theft Liability Act, Footnote the Texas Deceptive Trade Practices Act (“DTPA”), Footnote and the Texas Insurance Code. Footnote In two issues, RAC contends that the trial court erred in granting summary judgment in favor of appellees because the summary judgment evidence presented a genuine issue of material fact on all of RAC’s claims and because appellees did not file a summary judgment motion addressing all of RAC’s claims. 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, Higley and Sharp 01-09-00021-CV Cash Rent-A-Car, Inc. v. Old American County Mutual Fire Insurance Company, and Affirmative Insurance Services, Inc. Appeal from 270th District Court of Harris County Trial Court Judge: Hon. Brent Gamble Matthews v. McCall Northrup (pdf) (Tex.App.- Houston [1st Dist.] Jan. 14, 2010)(Jennings) (child support determination of amount) Because Matthews has not supplied this Court with a statement of facts with which to review the trial court’s determination of deemed income from the Partnership in calculating his child support obligation, we hold Matthews has waived review of his issue. AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Higley and Sharp 01-09-00063-CV Matthew A. Matthews v. Elizabeth McCall Northrup Appeal from 245th District Court of Harris County Trial Court Judge: Hon. Annette Kuntz Also see --> 2009 Civil Appeals with Opinions by Justice Terry Jennings Also see --> 2008 Civil Appellate Opinions by Justice Terry Jennings Also see --> 2007 Opinions Authored by Justice Jennings in Civil Appeals . |
