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 |
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 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 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 --> 2008 Cases With Opinions Authored by Justice Evelyn Keyes |