Opinions by Other Justices of the FIrst Court of Appeals, sitting in Houston, Texas Chief Justice Sherry Radack Justice Tim Taft (resigned 2009) Justice Jim Sharp (elected 2008) Justice Sam Nuchia (former) Justice Terry Jennings Justice Evelyn Keyes Justice Elsa Alcala Justice George C. Hanks, Jr. Justice Laura Carter Higley Justice Jane N. Bland Justice Michael Massengale (2009) |
Like several of her sister jurists, Justice Evelyn Keyes was appointed by Governor Rick Perry to fill a vacant seat. In the general election the voters approved the choice for the remainder of her predecessor’s term on the First Court of Appeals. Justice Keyes was re-elected in 2004. Her current term ends in 2010. With six concurrences and six dissents, Justice Keyes delivered the second-highest number of separate opinions on the court (28.6%) in Fiscal Year 2006. Her most notable 2006 opinion involved the novel question of whether an agreement by former spouses about what to do with frozen embryos in the event of divorce was enforceable. Justice Keyes’ decision came down on the side of the husband, who opposed the former wife’s plans to use the embryos to have a child over his opposition, but skirted the constitutional reproductive right issues raised by the husband, resolving the appeal instead as a matter of contract law. Roman v. Roman 193 S.W.3d 40 (Tex. App.—Houston [1st Dist.] 2006) (frozen embryo agreement between spouses enforceable). The Texas Supreme Court declined to weigh in on the matter. See Tex. Sup. Ct Docket No. 06-0554. Find more judge and court information at the Houston-Opinions Home Page |
| 2009 Opinions by Houston Appeals Court Justice Evelyn Keyes |
2009 Civil Cases With Opinions Authored by Justice Evelyn Keyes Also see -- > Recent Civil Case Opinions by Justice Keyes Wilstein v. Dernick Resources, Inc. (pdf) (Tex.App.- Houston [1st Dist.] Dec. 31, 2009)(Keyes) (limitations and fraudulent concealment, fiduciary duty) We conclude that Dernick breached its fiduciary duty to the Wilsteins by failing to disclose its sale of their interest in the Bradshaw Field and that the Wilsteins were not put on constructive notice of the sale by the filing of the sale in the Kansas public records. The trial court found that the Wilsteins discovered the sale of their interest in the Bradshaw Field following the 2002 audit of that field. This finding is supported by the evidence. Because the Wilsteins filed their Bradshaw Field claims in 2003, their claims were not barred by the four-year statute of limitations for breach of fiduciary duty and fraud. REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Keyes Before Justices Keyes, Alcala and Hanks 01-07-00491-CV David Wilstein, and Leonard Wilstein, Individually and as Trustee v. Dernick Resources, Inc., Appeal from 164th District Court of Harris County Trial Court Judge: Hon. Martha Hill Jamison Gordon v. Allen (pdf) (Tex.App.- Houston [1st Dist.] Dec. 31, 2009)(Keyes)(errors on appeal) “[A]n appellant must attack all independent bases or grounds that fully support a complained-of ruling or judgment.” Britton v. Tex. Dep’t of Crim. Justice, 95 S.W.3d 676, 681 (Tex. App.—Houston [1st Dist.] 2002, no pet.). If an appellant does not assign any error to an independent ground that, if meritorious, would fully support the complained-of ruling or judgment, we must accept the validity of that unchallenged independent ground and affirm the ruling or judgment. Id. at 680–81 (“This rule is based on the premise that an appellate court normally cannot alter an erroneous judgment in favor of an appellant in a civil case who does not challenge that error on appeal.”) (citing Walling v. Metcalfe, 863 S.W.2d 56, 58 (Tex. 1993)). Because Gordon did not attack other independent grounds that, if meritorious, would fully support the trial court’s rulings, we accept the validity of the unchallenged independent grounds. AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Alcala and Hanks 01-08-00435-CV Ronald X. Gordon v. Donald Allen, Marvin & Doris Bennett Appeal from 405th District Court of Galveston County Trial Court Judge: Hon. Wayne J. Mallia Brown & Brown of Texas, Inc. v. Omni Metals, Inc. (pdf) (Tex.App.- Houston [1st Dist.] Dec. 17, 2009) (Substituted opinion by Keyes) (insurance coverage, certificates of insurance, DTPA) MODIFY TRIAL COURT JUDGMENT AND AFFIRM TRIAL COURT JUDGMENT AS MODIFIED: Opinion by Justice Keyes Before Justices Nuchia, Keyes and Higley 01-05-01190-CV Brown & Brown of Texas, Inc. f/k/a Poe & Brown of Texas, Inc. and Transcontinental Insurance Company v. Omni Metals, Inc. Appeal from 61st District Court of Harris County Trial Court Judge: Hon. John Donovan Dissenting Opinion by Justice Nuchia Gundogan v. Woodgrove Condo (pdf) (Tex.App.- Houston [1st Dist.] Dec. 17, 2009)(Keyes) (appeals from small claims and JP court, failure to Timely Respond to Discovery Requests, rebuttal of presumption of receipt of documents served pursuant to Rule 21a) Woodgrove objected to each of the four pieces of evidence on the grounds that Gundogan failed to timely respond to discovery requests. The trial court sustained each of Woodgrove’s four objections and excluded Gundogan’s four pieces of evidence. Having held that the trial court erred in indulging the presumption that the request for production and notice of the motion to compel Woodgrove properly sent were received, we further hold that the trial court erred in excluding Gundogan’s four pieces of evidence on the ground of failure to timely respond to discovery requests. REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Keyes Before Justices Jennings, Keyes and Higley 01-07-00876-CV Peter Kemal Gundogan v. Woodgrove Condominum Appeal from Co Civil Ct at Law No 1 of Harris County Trial Court Judge: Hon. R. Jack Cagle Stewart & Stevenson, L.L.C. v. Galveston Party Boats, Inc. (Tex.App.- Houston [1st Dist.] Nov. 5,2009) (Keyes) (consolidated interlocutory appeal and petition for writ of mandamus challenging the trial court’s order denying a motion to compel arbitration)(court of appeals dismisses the interlocutory appeal for lack of jurisdiction and denies the petition for writ of mandamus) (no valid underlying agreement to arbitrate dispute) (FAA vs. TAA) DISMISS APPEAL 9/5: Opinion by Justice Keyes Before Justices Keyes, Hanks and Bland 01-09-00030-CV Stewart & Stevenson, L.L.C., and MTU Detroit Diesel, Inc. v. Galveston Party Boats, Inc., and Boat Service of Galveston Appeal from 405th District Court of Galveston County Trial Court Judge: Hon. Wayne J. Mallia Senko v. BP Products North America, Inc. (Tex.App.- Houston [1st Dist.] Nov. 4, 2009)(Keyes) (motion for a new trial, summary judgment on claims for negligence, negligence per se, and intentional infliction of emotional distress affirmed) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Alcala and Hanks) 01-08-01022-CV David Senko v. BP Products North America, Inc., and Don Parus Appeal from 212th District Court of Galveston County Trial Court Judge: Hon. Susan Elizabeth Criss Requena v. Otis Elevator Company and Fisk Electric Co. (Tex.App.- Houston [1st Dist.] Oct. 15, 2009) (Keyes) (personal injury - freight elevator, negligence, no breach of duty, JNOV affirmed) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Alcala and Hanks 01-08-00378-CV Jose Hermilo Requena and Mary Sue Requena v. Otis Elevator Company and Fisk Electric Company Appeal from 215th District Court of Harris County Trial Court Judge: Hon. Levi J. Benton O'Conor v. The Frost National Bank (Tex.App.- Houston [1st Dist.] Oct. 8, 2009)(Keyes) (invasion of privacy claim fails, disclosure of social security number) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Alcala and Hanks 01-08-00229-CV Robert O'Conor, Jr. v. The Frost National Bank Appeal from 234th District Court of Harris County Trial Court Judge: The Honorable Reece Rondon Vice v. Kasprzak (Tex.App.- Houston [1st Dist.] Oct. 1, 2009)(Keyes) (interlocutory appeal, defamation suit) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Keyes Before Justices Jennings, Keyes and Higley 01-08-00168-CV Patricia Vice and Kathie Slotter v. Daniel J. Kasprzak, Patricia C. Kasprzak and Katherine D. Kasprzak Appeal from 125th District Court of Harris County Trial Court Judge: Hon. John Coselli Choy v. Graziano Roofing of Texas, Inc. (Tex.App.- Houston [1st Dist.] Oct. 1, 2009) (construction law, Trust Fund Act violations alleged) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Jennings, Keyes and Higley 01-07-00761-CV Andrew Choy v. Graziano Roofing of Texas, Inc. Appeal from 270th District Court of Harris County Trial Court Judge: Hon. Brent Gamble Nguyen v. Yovan (Tex.App.- Houston [14th Dist.] Oct. 1, 2009)(Keyes) (real estate transaction, statute of frauds as it applies to sale of real estate, contract for deed) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Keyes Before Justices Jennings, Keyes and Higley 01-07-00660-CV Anna Marie Nguyen v. Alex Yovan and Philip Yovan Appeal from 212th District Court of Galveston County Trial Court Judge: Hon. Susan Elizabeth Criss 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 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 Keyes writes sharply worded dissent on denial of en banc hearing in PI case stemming from injuries caused by cow running loose, taking panel to task for misapplying the summary judgment standard and for sanctioning resolution of disputed issues of material fact (ownership of the cow) by summary judgment Kennamer v. The Estate of Alwin Noblitt (Tex.App.- Houston [14th Dist.] 2009)(Higley) (animal law, liability of injuries caused by cow running loose, ownership of cow disputed, summary judgment, no ownership, no duty, no liability, collision with animal) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00134-CV John L. Kennamer, Individually and John L. Kennamer and Mora Kennamer d/b/a K-Bar land and Cattle Company v. The Estate of John Alwin Noblitt, Deceased, Charles R. Noblitt, Jr., Individually and as Administrator of the Estate of John Alwin Noblitt, Deceased, and Jo Ann Jones, Individually and as Heir of The Estate of John Alwin Noblitt, Deceased Appeal from County Court at Law No 2 & Probate Ct of Brazoria County Trial Court Judge: Hon. Mark Holder CASE WITH DISSENT: Dissenting Opinion by Justice Keyes (criticizing panel for subverting summary judgment standard and permitting resolution of issues of disputed fact by summary judgment, crediting evidence submitted by movant). In Re Bashaw & Co. (Tex.App.- Houston [1st Dist.] Jul. 23, 2009)(Keyes) (arbitration & securities business, direct benefits estoppel, arbitration mandamus granted) GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Keyes Before Justices Keyes, Hanks and Bland 01-08-00803-CV In re James E. Bashaw & Co. Appeal from 133rd District Court of Harris County Trial Court Judges: Lamar McCorkle | Jaclanel McFarland Twyman v. Twyman (Tex.App.- Houston [1st Dist.] Jul. 16, 2009)(Keyes) (trustee removal, temporary injunction appeal fails, UDJA claim) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Hanks and Bland 01-08-00904-CV Nancy D. Twyman v. William Earl Twyman Appeal from Probate Court No 1 of Harris County Trial Court Judge: Hon. Russell Austin M.H. v. State of Texas iio M.H. (Tex.App.- Houston [1st Dist.] Jul. 16, 2009)(Keyes) (appeal from order authorizing the administration of psychoactive medications, mental health intervention) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Hanks and Bland 01-09-00205-CV The State of Texas for the Best Interest and Protection of M. H. Appeal from County Court at Law of Cherokee County Trial Court: County Court at Law Trial Court Judge: Judge Craig A. Fletcher Jimenez v. Dunham (Tex.App.- Houston [1st Dist.] Jul. 9, 2009) (Keyes) (jury trial breach of contract judgment affirmed) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Hanks and Bland 01-08-00117-CV Jose Raul Jimenez v. Teresa Dunham Appeal from 113th District Court of Harris County Trial Court Judge: Hon. Patricia Hancock East Houston Estate Apartments, LLC v. City of Houston (Tex.App.- Houston [1st Dist.] Jun. 25, 2009) (Opinion by Keyes)(city held immune, City of Mexia v. Tooke progeny, statutory waiver for breach of contract suits against local governments not applicable)(trial court did not err in sustaining the City's plea to the jurisdiction) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Evelyn Keyes Panel members: Justices Keyes, Hanks and Bland 01-08-00966-CV East Houston Estate Apartments, L.L.C. v. The City of Houston Appeal from 333rd District Court of Harris County Trial Court Judge: Hon. Lamar McCorkle Gundogan v. Woodgrove Condominium Assoc. (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Keyes) (suit for damages against Condo Assoc. re: maintainance, appeal from justice court to county court, no appeals bond posted, appeal dismissed for lack of jurisdiction in county court DWOJ) VACATE TC JUDGMENT AND DISMISS CASE: Opinion by Justice Keyes Before Justices Jennings, Keyes and Higley 01-07-00876-CV Peter Kemal Gundogan v. Woodgrove Condominum Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: Hon. R. Jack Cagle Harris County, Texas v. Luna (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Keyes) (TTCA: Denial of plea to the jurisdiction affirmed, notice of claim issue under Texas Tort Claim Act) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Hanks and Bland 01-09-00039-CV Harris County, Texas v. Sonia Luna - Prudencio Appeal from 189th District Court of Harris County Trial Court Judge: Hon. William R. Burke. Jr. Leax v. Leax (Tex.App.- Houston [1st Dist.] Jun. 11, 2009) (Keyes) (suit for annulment, marriage and divorce fraud, serial wife divorcee, pattern of domestic violence allegations, concealment of numerous prior marriages, fraud in the inducement) AFFIRM TC JUDGMENT: Before Justices Keyes, Hanks and Bland. Opinion by Justice Evelyn Keyes 01-08-00149-CV Elaine Leax v. Robert W. Leax Appeal from 246th District Court of Harris County Trial Court Judge: Hon. Jim York Yazdchi v. Walker (Tex.App.- Houston [1st Dist.] May 7, 2009)(Keyes) (motion for continuance, incomplete clerk's record on appeal) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Jennings, Keyes and Higley 01-05-00177-CV Abbas Yazdchi, Habibollah Yazdchi, and Ahmad Yazdchi v. Ted L. Walker, Tammy Tran, and Pete Mai Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Hon. Lloyd B&W Supply, Inc. v. Beckman (Tex.App.- Houston [1st Dist.] Apr. 9, 2009)(Keyes) (JNOV, breach of contract, excuse defense, lost profit damages, DTPA counterclaim) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Keyes Before Justices Jennings, Keyes and Higley 01-07-00574-CV B & W Supply, Inc. and Weston Wyatt v. Lawrence and Diane Beckman Appeal from 215th District Court of Harris County Trial Court Judge: Hon. Levi J. Benton Hernandez v. Hernandez (Tex.App.- Houston [1st Dist.] Mar. 26, 2009)(Higley) (OAG suit, child support, nunc pro tunc judgment vacated) VACATE TC JUDGMENT AND DISMISS CASE: Opinion by Justice Higley Before Chief Justice Radack, Justices Keyes and Higley 01-06-00901-CV George Hernandez v. Maria Guadalupe Hernandez Appeal from 311th District Court of Harris County Trial Court Judge: Hon. Doug Warne Dissenting Opinion by Justice Keyes Hahn v. Love (Tex.App.- Houston [1st Dist.] Mar. 26, 2009)(Keyes) (UFTA fraudulent transfer claim, bona fide purchaser defense, constructive trust) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Keyes Before Chief Justice Radack, Justices Keyes and Higley 01-07-00096-CV Allon R. Hahn, Individually and d/b/a Hahn's Gulf Service v. Bertrand Love Appeal from 157th District Court of Harris County City of Richmond v. Rodriguez (Tex.App.- Houston [1st Dist.] Apr. 2, 2009)(Keyes) (official immunity, city governmental entities, plea to the jurisdiction) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Keyes Before Justices Jennings, Keyes and Higley 01-08-00471-CV City of Richmond v. Delia Garcia Rodriguez Appeal from 268th District Court of Fort Bend County Okorafor v. Jeffreys (Tex.App.- Houston [1st Dist.] Mar. 26, 2009)(Keyes) (post-answer default judgment, legal malpractice suit) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Jennings, Keyes and Higley 01-07-00618-CV James O. Okorafor v. Frank Will Jeffreys Appeal from 190th District Court of Harris County Trial Court Judge: Jennifer Elrod Hanley v. DNW of Houston, Inc. (Tex.App.- Houston [1st Dist.] Mar. 19, 2009 (Keyes) (contract claim) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Jennings, Keyes and Higley 01-07-00909-CV Ron Hanley v. DNW of Houston Inc. Appeal from Co Civil Ct at Law No 2 of Harris County Trial Court Judge: Hon. Jacqueline Lucci Smith Also see --> 2010 Cases With Opinions Authored by Justice Evelyn Keyes Also see --> 2008 Cases With Opinions Authored by Justice Evelyn Keyes Also see --> 2007 Cases With Opinions Written by Justice Evelyn Keyes |
