Opinions by Other Justices of the FIrst Court of Appeals,   sitting in Houston, Texas Chief Justice Sherry Radack Justice Tim Taft Justice Sam Nuchia 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

Opinions by Houston Appeals Court Justice Evelyn Keyes

2008 Cases With Opinions Authored by Justice Evelyn Keyes Recent Opinions by Justice Keyes in Civil Appeals Hahn v. Love (Tex.App.- Houston [1st Dist.] Nov. 6, 2008)(Keyes) 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 Trial Court Judge: Hon. Ronald L. Wilson Stoker v. Stoker (Tex.App.- Houston [1st Dist.] Nov. 6, 2008)(Keyes) (divorce, property division, economic contribution claim) AFFIRM TC JUDGMENT: Opinion by Justice Keyes   Before Justices Taft, Keyes and Alcala 01-07-00056-CV Ronnie H. Stoker v. Diane Fischer Stoker Appeal from 310th District Court of Harris County Trial Court Judge: Hon. Lisa Millard Dissent by Keyes in Authorlee v. Tuboscope Vetco International, Inc. (Tex. App.- Houston [1st Dist.] Oct. 2, 2008)(Keyes)(would hold that their individual settlement agreements and the agreed judgment are void as against public policy and must be set aside. Therefore, I would reverse the case and remand to the trial court for a new trial) OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Keyes Majority Opinion in Authorlee v. Tuboscope Vetco International, Inc. (Tex.App.- Houston [1st Dist.] Aug. 28, 2008)(Nuchia) (challenge to agreed judgment, fraud claim, aggregate settlement claim, public policy)Before Justices Nuchia, Keyes and Higley 01-06-00719-CV        Anthony Authorlee, Dexter Burnett, Robert Derousselle, John Henry Young, Jerome Stubblefield and Floyd Moran v. Tuboscope Vetco International, Inc.; AMF Incorporated; and Minstar, Inc.-- Appeal from 295th District Court of Harris County Trial Court Judge: Hon. Tracy Christopher DFPS v. Dickensheets (Tex.App.- Houston [1st Dist.] Sep. 11, 2008)(Keyes) (CPS child protection SAPCR suit, constitutional challenge to deadline, separations of powers doctrine) AFFIRM TC JUDGMENT: Opinion by Justice Keyes   Before Chief Justice Radack, Justices Keyes and Higley 01-07-00584-CV        Department of Family and Protective Services v. Travis Reid Dickensheets, et al Appeal from 300th District Court of Brazoria County Trial Court Judge:  Hon. K. Randal Hufstetler Authorlee v. Tuboscope Vetco International, Inc. (Tex.App.- Houston [1st Dist.] Aug. 28, 2008)(Nuchia) (challenge to agreed judgment, fraud claim, aggregate settlement claim, public policy) AFFIRM TC JUDGMENT: Opinion by Justice Nuchia Before Justices Nuchia, Keyes and Higley 01-06-00719-CV        Anthony Authorlee, Dexter Burnett, Robert Derousselle, John Henry Young, Jerome Stubblefield and Floyd Moran v. Tuboscope Vetco International, Inc.; AMF Incorporated; and Minstar, Inc.-- Appeal from 295th District Court of Harris County Trial Court Judge: Hon. Tracy Christopher Dissenting Opinion by Justice Keyes  (would set aside settlement aside as against public policy)       Hernandez v. Hernandez (Tex.App.- Houston [1st Dist.] Aug 28, 2008)(Higley) (OAG child support enforcement suit, NPT nunc pro tunc order void) 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   Burris and Wheelchair & Scooter Express, LLC v. Metro of Harris County (Tex.App.- Houston [1st Dist.] Aug. 14, 2008)(Keyes) (inverse condemnation case, taking, ingress easement, material and substantial impairment of access standard not met) (Court concludes, as a matter of law, that the impairment of access at issue in case does not rise to the level of material and substantial and therefore appellants' claims are not compensable.) AFFIRM TC JUDGMENT: Opinion by Justice Evelyn Keyes   Before Justices Taft, Keyes and Alcala 01-06-00981-CV James R. Burris and Wheelchair & Scooter Express, L.L.C. v. Metropolitan Transit AuthorityAppeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: Hon. Jack Cagle   Thompson v. Myrow (Tex.App.- Houston [1st Dist.] Aug 14, 2008)(Keyes) (probate case, finality of order, no interlocutory jurisdiction, DWOJ) DISMISS APPEAL: Opinion by Justice Keyes   Before Chief Justice Radack, Justices Keyes and Higley 01-07-00125-CV Marjorie Thompson and George Thompson v. David Myrow Appeal from Probate Court No 3 of Harris County Trial Court Judge: Hon. Rory R. Olsen   Lakota Resources, Inc v. Pathex Petroleum, Inc. (Tex.App.- Houston [1st Dist.] Aug. 14, 2008)(Keyes) (post judgment garnishment proceeding, no interlocutory appeal permitted, DWOJ) DISMISS APPEAL: Opinion by Justice Keyes   Before Chief Justice Radack, Justices Keyes and Alcala 01-07-00537-CV Lakota Resources, Inc. v. Pathex Petroleum, Inc., Oneok Energy Services Company, LP   Appeal from 164th District Court of Harris County Trial Court Judge: Hon. Martha Hill Jamison   Jackson v. City of Texas City (Tex.App.- Houston [1st Dist.] July 24, 2008)(Keyes) (public employment, discharge from fire department, dismissal, civil service commission) AFFIRM TC JUDGMENT: Opinion by Justice Keyes   Before Justices Taft, Keyes and Alcala 01-07-00026-CV Anthony Jackson and James Nunez v. City of Texas City and Debbie Lesco, Texas City Civil Service Director Appeal from 212th District Court of Galveston County Trial Court Judge: Hon. Susan Elizabeth Criss   Dissenting Opinion by Justice Alcala Valid Arbitration Agreement a prerequisite for judicial enforcement Travelers Indemnity Co. v. Texas Municipal League (Tex.App.- Houston [1st Dist.] July 17, 2008)(Keyes) (arbitration disputes) (no express agreement to arbitrate, motion to compel arbitration denied) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Chief Justice Radack, Justices Keyes and Higley 01-08-00062-CV Travelers Indemnity Company v. Texas Municipal League Joint Self-Insurance Fund, for itself and as Subrogee of the City of Bunker Hill Village Appeal from 125th District Court of Harris County Trial Court Judge: Hon. John Coselli   Attorney's fees affirmed American International Industries, Inc. v. Surgicare (Tex.App.- Houston [14th Dist.] July 17, 2008)(Keyes) (indemnification for attorney's fees, establishing reasonable and necessary amount of fees) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Chief Justice Radack, Justices Keyes and Higley) 01-07-00116-CV        American International Industries, Inc. v. Surgicare, Inc. Appeal from 344th District Court of Chambers County Suit by terminated city employee dismissed as moot, lack of standing found Stephens v. City of Houston (Tex.App.- Houston [1st Dist.] June 12, 2008)(Keyes) (City of Houston litigation, UDJA claims stemming from indefinite suspension of employment moot, no standing) DISMISS APPEAL: Opinion by Justice Keyes   Before Justices Taft, Keyes and Alcala 01-06-00851-CV        Bartholomew U. Stephens v. City of Houston, et als Appeal from 270th District Court of Harris County Trial Court Judge: Hon. Brent Gamble   Mandamus petition in discovery dispute granted in part In re Jeanie Nolle (Tex.App.- Houston [1st Dist.] Jun 12, 2008)(Keyes) (discovery mandamus granted in part) GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Keyes   Before Justices Taft, Keyes and Alcala 01-07-01065-CV        In re Jeanie Nolle and Technical Solutions, Inc. Appeal from 113th District Court of Harris County Trial Court Judge: Hon. Patricia Hancock Special Appearance sustained Ashdon, Inc. v. Gary Brown and Assoc. (Tex.App.- Houston [1st Dist.] May 29, 2008)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala) 01-06-01186-CV Ashdon, Inc. d/b/a Impression Bridal and Emme Bridal, Inc. v. Gary Brown & Associates, Inc., and Gary Brown, Individually Appeal from County Court at Law No 4 of Fort Bend County Trial Court Judge: Hon. R.H. Bielstein   City held immune in collision involving emergency vehicle The City of Pasadena, Texas v. Kuhn (Tex.App.- Houston [1st Dist.] May 29, 2008) (Keyes) (TTCA, collision with emergency vehicle, immunity claim) (denial of plea to the jurisdiction reversed) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Keyes   Before Justices Taft, Keyes and Alcala 01-07-00812-CV The City of Pasadena, Texas v. Roland C. Kuhn Appeal from 80th District Court of Harris County Trial Court Judge: Hon. Lynn Bradshaw-Hull   Bias complaint against patriotic "preachy" county judge rejected Vasquez v. Hildenbrand (Tex.App.- Houston [1st Dist.] Apr. 24, 2008)(Keyes) [auto PI, negligence, denial of motion to recuse judge for bias affirmed] AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-06-01067-CV Nancy Vasquez v. Brenda Hildenbrand Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: Hon. Jack Cagle   Order entered after expiration of plenary power void In re Valdes (Tex.App.- Houston [1st Dist.] Apr. 24, 2008)(Keyes) (motion for reconsideration of motion for new trial, plenary power expired, order void) GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-08-00165-CV In re Fernando F. Valdes Appeal from 122nd District Court of Galveston County Trial Court Judge: Hon. John Ellisor   Trial court ignored expunction suit - dismissal reversed Jackson v. Tx. Bd. of Pardons and Paroles (Tex. App. - Houston [ 1st Dist.] Apr. 3, 2008)(Keyes) (expunction suit improperly dismissed, no hearing set) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-03-00862-CV Donald C. Jackson v. Texas Board of Pardons and Paroles, et al. Appeal from 133rd District Court of Harris County Trial Court Judge: Hon. Lamar McCorkle   Termination of Mother's Rights Affirmed Bermia v. DFPS (Tex.App.- Houston [1st Dist.] Apr. 3, 2008)(Keyes) (termination of parental rights, ineffective counsel) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-07-00699-CV Lisa Bermia v. Department of Family and Protective Services Appeal from County Court at Law of Washington County Trial Court Judge: Hon. Matthew Reue   When the husband is not the father of the child, should the law recognize him? Stamper v. Knox (Tex.App.- Houston [1st Dist.] Mar. 20, 2008)(Keyes) (family law, presumption of paternity, nonpaternity, DNA testing, denial of paternity, equitable estoppel) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Keyes 01-06-00875-CV Michelle Stamper f/k/a Michelle Knox v. Stanley Keith Knox Appeal from 306th District Court of Galveston County Trial Court Judge: Hon. Janis L. Yarbrough Concurring Opinion by Justice Jennings in Stamper v. Knox Trial Court Judge: Hon. Janis L. Yarbrough   A medical malpractice suit that did not get dismissed, tort "reform" notwithstanding Findley-Smith, MD v. Smith (Tex. App. - Houston [1st Dist.] Feb. 28, 2008)(Keyes) (HCLC, expert report, denial of motion to dismiss affirmed) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Nuchia, Jennings and Keyes 01-07-00360-CV Joi M. Findley-Smith, M.D. and Peggy Taylor, M.D., P.A. v. Holly Smith and Husband, Christopher Smith, Individually and A/N/F of Cameron Smith, a minor Appeal from 281st District Court of Harris County (Judge David J. Bernal) Justice Keyes finds that Judge Ray should not have reinstated case; mandamus granted to set aside void order and default judgment In re Shoreline Partners LLC (Tex.App.- Houston [1st Dist.] Feb. 28. 2008)(Keyes) (plenary jurisdiction, reinstatement order void) GRANT PETITION FOR WRIT OF MANDAMUS: Before Justices Taft, Keyes and Alcala 01-08-00013-CV In re Shoreline Partners, LLC, Prenits B. Tomlinson, Jr., Individually and Thomas E. Hardisty, Individually--Appeal from 165th District Court of Harris County (Judge Elizabeth Ray) Justice Keyes dissents on issue of sanctionable conduct Dissenting Opinion by Justice Keyes in Scott Bader, Inc. v. Sandstone Products, Inc. (discovery sanctions)   Scott Bader, Inc. v. Sandstone Products, Inc. (Tex.App.- Houston [1st Dist.] Feb. 28, 2008)(Higley) (products liability, sanctions) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley Before Justices Nuchia, Keyes and Higley 01-05-00940-CV Scott Bader, Inc., Amy C. Wright, Kern & Wooley, L.L.P., and National Pigments & Chemicals, Inc. v. Sandstone Products, Inc. Appeal from 127th District Court of Harris County (Judge Sharolyn Wood) Credit card debts cannot be collected using sworn account proceeding Williams v. Unifund CCR Partners Assignee of CitiBank (Tex.App.- Houston [1st Dist.] Feb. 7, 2008)(Keyes) ( consumer credit card debt suit, judgment reversed, sworn account, attorney's fees) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-06-00927-CV Edward Williams v. Unifund CCR Partners Assignee of CitiBank Appeal from County Civil Court at Law No 3 of Harris County (Judge Lynn Bradshaw-Hull)   Pena v. Je Matadi Dress Co. (Tex.App.- Houston [1st Dist.] Jan. 31, 2008)(Keyes) (intellectual property, patent assignment, duress) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Nuchia, Jennings and Keyes 01-06-00632-CV Rebecca Pena v. Je Matadi Dress Company, Inc. and Sean Mehta Appeal from 151st District Court of Harris County  (Judge Caroline Baker) Nayyer v. Greenbriar Place Maintenance  Ass'n (Tex.App.- Houston [1st Dist.] Jan. 17, 2008)(Keyes) (real estate, maintenance assessments) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Nuchia, Jennings and Keyes 01-06-00566-CV Vijay K. Nayyer v. Greenbriar Place Maintenance Association Appeal from Co Civil Ct at Law No 4 of Harris County (Hon. Roberta A. Lloyd) 2007 Opinions by Justice Keyes in Civil Appeals Ex Parte Waller ISD (Tex.App.- Houston [1st Dist] Dec. 21, 2007)(Keyes) (ISD cases, tax law, bond validation suit, challenge to school bonds by taxpayer) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Nuchia, Jennings and Keyes 01-07-00900-CV Ex Parte Waller Independent School District Appeal from 155th District Court of Austin County (Hon. Dan R. Beck) Amtech Elevator Serv. Co. v. SDFB 1998-P1 Buffalo Speedway Office LP (Tex.App.- Houston [1st Dist.] Dec. 13, 2007)(Keyes) (insurance, indemnity) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Nuchia, Jennings and Keyes 01-07-00401-CV Amtech Elevator Services Company v. CSFB 1998-P1 Buffalo Speedway Office Ltd. Partnership, LNR Partners, Inc. and MRIO, Inc., Moody Rambin Interests Inc. Appeal from 270th District Court of Harris County (Hon. Brent Gamble) Clark v. Lowe's Home Centers, Inc. (Tex.App.- Houston [1st dist.] Nov. 15, 2007)(Keyes) (PI, store premises liability) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Nuchia, Jennings and Keyes 01-06-00689-CV Billy Clark v. Lowe's Home Centers, Inc., d/b/a Lowe's of Tomball, TX, Store #1052 and Union Corrugating Company Appeal from 234th District Court of Harris County (Hon. Reece Rondon) Barrow v. Pickett (Tex.App.- Houston [1st Dist.] Nov. 8, 2007)(Keyes)(real estate law, easement, rural, electrical cattle fence, attorney's fees) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Keyes Before Justices Nuchia, Jennings and Keyes 01-06-00664-CV Nick Barrow v. Carl N. Pickett Appeal from 344th District Court of Chambers County (Carroll E. Wilborn, Jr.) DeClaire v. G&B McIntosh Family LP (Tex.App. - Houston [1st Dist.] Nov. 8, 2007)(Keyes)(biz law, breach of contract, promissory note, parol evidence rule) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Keyes Before Chief Justice Radack, Justices Keyes and Higley 01-06-00423-CV Christopher G. DeClaire ("DeClaire") v. G&B McIntosh Family Limited Partnership Appeal from 269th District Court of Harris County (Honorable John T. Wooldridge) Cox v. Southern Garrett, LLC (Tex.App.- Houston [1st Dist.] Oct. 11, 2007)(Keyes) (business organization law, membership, breach of fiduciary duty, corporate veil) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Nuchia, Keyes and Higley 01-05-01091-CV George Thomas Cox v. Southern Garrett, L.L.C., Southern Chemical Corp., Excelerate Trading, L.L.C., Roger Moyers, Stephen Korkmas, Widebrand Spin, Fred Wood, and Jan T. Spin Appeal from 280th District Court of Harris County (Hon. Tony Lindsay) Uche, M.D. v. Allison (Tex.App.- Houston [1st Dist.] Oct. 11, 2007)(Keyes)(HCLC, special appearance) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Keyes Before Chief Justice Radack, Justices Keyes and Higley 01-06-00546-CV Chris Uche, M.D. v. Melody and Marvin Allison Indiv. a/n/f for Dorothy Mueller, et al-- Appeal from 56th District Court of Galveston County (Judge Lonnie Cox) Control Solutions, Inc. v. Gharda USA, Inc. (Tex.App.- Houston [1st Dist.] Sep. 13, 2007) (special appearance, in personam jurisdiction, grant of special appearance reversed) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Keyes Before Chief Justice Radack, Justices Keyes and Higley 01-06-00802-CV Control Solutions, Inc. and United Phosphorus, Inc. v. Gharda USA, Inc., Gharda Chemicals Ltd., Benko Products, Inc., and Choctaw Sales, Inc. HISD v. Old Farms Owners Ass'n (Tex.App.- Houston [1st Dist.] Jul. 26, 2007)(Higley) (tax suit, penalties and interest, ISD law suits) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley (Before Chief Justice Radack, Justices Keyes and Higley) 01-04-00538-CV Houston Independent School District, et al., v. Old Farms Owners Association, Inc., et al.,-- Appeal from 270th District Court of Harris County (Hon. Brent Gamble) Dissenting Opinion by Justice Keyes in HISD v. Old Farms Owners Association (Tex.App.- Houston [1st Dist.] Jul. 26, 2007) Y2K Enterprises, Inc. v. Carriere (Tex.App.- Houston [1st Dist] Jun. 28, 2007)(Keyes)(DTPA, fees) AFFIRM TC JUDGMENT: Opinion by Justice Keyes (Before Chief Justice Radack, Justices Keyes and Higley) 01-06-00476-CV Y2K Enterprises, Inc., d/b/a Auto 5, and Muhommed Khalil v. David L. Carriere, II Appeal from County Court at Law No 3 of Fort Bend Ccounty (Trial Court Judge: Hon. Susan G. Lowery) Little v. Needham (Tex.App.- Houston [1st Dist] Jun. 28, 2007)(Keyes) (horse riding risk, accident liability, animal law) AFFIRM TC JUDGMENT: Opinion by Justice Keyes (Before Chief Justice Radack, Justices Keyes and Higley) 01-06-01108-CV Stuart Little v. Susan Needham, Individually and doing business as Needham Stables, and Alan Needham, Individually and doing business as Sam Houston Feed a/k/a Sam Houston Feed & Supply II Appeal from 113th District Court of Harris County (Trial court judge: Hon. Patricia Hancock) Scott v. Farrar (Tex.App.- Houston [1st Dist.] May 31, 2007)(Keyes)(venue) (pro se prisoner IFP suit, venue) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Nuchia, Keyes and Higley 01-06-00395-CV Michael Scott v. Joseph Farrar, Darryl Glenn and S. Whatley Appeal from 400th District Court of Ft. Bend County (Hon Clifford J. Vacek) Hitchcock v. Board of Trustees, Cypress I.S.D. (Tex.App.- Houston [1st Dist.] May 24, 2007)(Keyes) (education law, employment case law, school law, teachers, grievance) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Nuchia, Keyes and Higley 01-06-00376-CV        Judy Hitchcock v. Board of Trustees, Cypress-Fairbanks Independent School District-- Appeal from 280th District Court of Harris County (Judge Hon. Tony Lindsay) Ajudani v. Walker (Tex.App.- Houston [1st Dist.] May 24, 2007)(Keyes)(ad litem fees) (probate law, attorney ad litem fee appeal) MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Keyes Before Justices Nuchia, Keyes and Higley 01-06-00089-CV        Shirin Ajudani and Rosemary Shookoufandeh, Lana Dieringer v. Jimmy Walker Appeal from Probate Court No 1 of Harris County He v. Jiang (Tex.App. - Houston [1st Dist.] May 3, 2007)(Keyes) (breach of contract, statute of frauds) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Keyes Before Justices Nuchia, Keyes and Higley 01-06-00255-CV Shaoguang He v. Wen Hong Jiang Appeal from 190th District Court of Harris County (Judge Jennifer Elrod) Jordan v. Sava (Tex.App.- Houston [1st Dist] Apr. 12, 2007)(Keyes)(substituted opinion) [PI, traffic accident, wreck, jury selection, disqualification, challenge for cause, peremptory strike, jury instruction, sudden, unexpected emergency, negligence, proximate cause, sufficiency of the evidence] AFFIRM TC JUDGMENT: Opinion by Justice Keyes (Before Chief Justice Radack, Justices Keyes and Alcala) 01-03-00554-CV        Maethenia Jordan v. Sava, Inc. & John D. Moore Appeal from 152nd District Court of Harris County Chief Justice Radack delivered a concurring opinion in Jordan v. Sava  (Tex.App.- Houston [1st Dist] Apr. 12, 2007 Finding Indemnity provision in subcontractor agreement ambiguous and unenforceable, Justice Keyes reverses summary judgment, and remands Cabo Construction v. R.S. Construction  (Tex.App. - Houston [1st Dist.] Apr. 12, 2007)(Keyes) [slip and fall, premises liability, negligence, indemnity, construction law, general contractor-subcontractor agreement, indemnification, ambiguity in indemnity provision, conspicuousness requirement] REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Keyes (Before Justices Nuchia, Keyes and Higley) 01-05-00487-CV Cabo Construction, Inc. v. R S Construction Appeal from 157th District Court of Harris County Domingo Navarro v. The State of Texas (Tex.App.- Houston [1st. Dist.] Mar. 22, 2007)(Justice Keyes) Bob Lewis Smith v. The State of Texas (Tex.App.- Houston [1st. Dist.] Mar. 22, 2007)(Justice Keyes) Andre Alexander Price v. The State of Texas (Tex.App.- Houston [1st. Dist.] Mar. 22, 2007)(Keyes) Spir-Star AG v. Kimich (Tex.App.- Houston [1st Dist.] Feb. 8, 2007)(Justice Evelyn Keyes)(pet. filed and briefing on the merits requested -Tex. No. 07-0340) Metro Casualty Ins. Co. v. Foster (Tex.App.- Houston [1st Dist.] Feb. 1, 2007)(Justice Keyes) Metro Casualty Ins. Co. v. Foster (Tex.App.- Houston [1st Dist.] Feb. 1, 2007)(Keyes) (probate law, finality of order, minor settlement) AFFIRM TC JUDGMENT: Opinion by Justice Keyes (Before Justices Nuchia, Keyes and Higley) 01-05-01076-CV        Metropolitan Casualty Insurance Company v. Horace Foster, Permanent Guardian of the Estate--Appeal from Probate Court No 1 of Harris County Trial Court Judge:  Hon. Russell Austin 2007 Separate Opinions Written by Justice Keyes Justice Keys writes separately in property tax case Excel Auto and Truck Leasing LLP v. Alief ISD (Tex. Aug. 31, 2007)(Hanks)(tax appeal) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Keyes and Hanks 01-04-01185-CV Excel Auto and Truck Leasing, L.L.P. v. Alief Independent School District et al. Appeal from 11th District Court of Harris County (The Honorable Mark Davidson) Separate opinion by Keyes OPINION CONCURRING IN PART WITH, AND DISSENTING IN PART TO, THIS COURT'S JUDGMENT: Concurring Opinion by Justice Keyes Before Justice Hanks 01-04-01185-CV Excel Auto and Truck Leasing, L.L.P. v. Alief Independent School District et al. Appeal from 11th District Court of Harris County (Judge Mark Davidson) Justice Keys dissents on disposition of motion for en banc rehearing S.E.A. Leasing, Inc. v. Jeff Steele and Melissa Steele (Tex.App.- Houston [1st Dist.] Aug 17,2007)(Dissent by Keyes) OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Keyes Before Justices Taft, Alcala and Hanks 01-05-00189-CV S.E.A. Leasing, Inc. v. Jeff Steele and Melissa Steele Appeal from 189th District Court of Harris County (Hon. William R. Burke, Jr.) I respectfully dissent from denial of en banc reconsideration. The panel opinion in this case adds new and unprecedented hurdles to appellants' preservation of legal sufficiency points of error. In so doing, it contravenes the objective of Texas Rule of Civil Procedure 1, namely "to obtain a just, fair, equitable and impartial adjudication of the rights of litigants under established principles of substantive law," to which end the rules "shall be given a liberal construction." Tex. R. Civ. P. 1. En banc reconsideration is, in my view, justified to maintain the uniformity of this Court's interpretation of the rules of civil and appellate procedure with established precedent on the important issue of preservation of legal error and its conformity with the mandate of Rule 1. See Tex. R. App. P. 41.2(c). Majority issues new opinion is sexually-oriented businesses case; and so does Justice Keyes, separately Webworld Marketing Group, L.L.C. v. Tommie Thomas, No. 01-04-00749-CV (Tex.App.- Houston [1st Dist.] Aug. 2, 2007) (Opinion by Justice Hanks)(SOB regulation) Before Justices Nuchia, Keyes and Hanks Appeal from 215th District Court of Harris County Trial court judge: Hon. Levy Benton 01-04-00749-CV        Webworld Marketing Group, L.L.C. v. Tommie Thomas Appeal from 215th District Court of Harris County Keyes' separate opinion in Webworld Marketing Group, LLC v. Thomas (Tex.App.- Houston [1st Dist.] Aug. 2, 2007)(sep. op. by Keyes) OPINION CONCURRING IN PART WITH, AND DISSENTING IN PART TO, THIS COURT'S JUDGMENT: Concurring and Dissenting Opinion by Justice Keyes Before Justices Nuchia, Keyes and Hanks 01-04-00749-CV        Webworld Marketing Group, L.L.C. v. Tommie Thomas Appeal from 215th District Court of Harris County (Judge Levy Benton) Justice Keyes writes separately in appeal from jury verdict in defamation case El-Khoury v. Kheir (Tex.App.- Houston [1st Dist.] Jun 14, 2007)(Radack)(defamation)(Radack) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Keyes and Higley 01-06-00088-CV        John El-Khoury v. Benjamine Kheir Appeal from 334th District Court of Harris County (Hon Sharon McCally) Concurring and Dissenting Opinion by Justice Keyes Justice Keys Dissents on Enforcement of 17-year Old Judgment, Majority Vacates Turnover Orde Holt v. Decyco Corp. (Tex.App.- Houston [1st Dist.] Apr. 27, 2007)(Taft) [enforcement of old judgment, dormant judgment, capacity, turnover relief] REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Taft Before Justices Taft, Keyes and Hanks 01-05-01194-CV        William Gregory Holt v. Cedyco Corporation Appeal from Co Civil Ct at Law No 1 of Harris County (Judge Jack Cagle) Justice Keys dissented in Holt v. Cedyco Corp.     Justice Keys Dissents in Case Against Department of Criminal Justice TDCJ v. Thomas (Tex.App.- Houston [1st Dist.] Apr. 19, 2007, pet. filed, briefing requested)(Nuchia) (plea to the jurisdiction, suit against government entity) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Nuchia Before Justices Nuchia, Keyes and Hanks 01-04-01084-CV Texas Department of Criminal Justice and Glenda Pierson v. Linda Thomas as Personal Representative for the Estate of Damon Hollimon, Deceased, and Ashley Dominique Hollimon Appeal from 278th District Court of Walker County Justice Keyes dissented in TDCJ v. Thomas Justice Keyes Writes Dissenting Opinion in Health Care Liability Case Justice Keyes dissented in Intracare Hospital North v. Campbell (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Dissent by Keyes) Intracare Hospital North v. Campbell (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Taft) [health care liability claim, HCLC, expert report filing requirement, tolling, ANF suit, suit by guardian] REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Taft (Before Justices Taft, Keyes and Hanks) 01-06-00356-CV Intracare Hospital North and Terry Bauske v. Cindy Campbell, Individually and a/n/f of Frank Brown--Appeal from 334th District Court of Harris County (Hon Sharon McCally) Justice Keys Dissents in Case Involving SOB Permit Application Webworld Marketing Group, L.L.C. v. Tommie Thomas (Tex.App.- Houston [1st. Dist.] Mar. 22, 2007) (Hanks) [SOB application, permit, denial] Dissent by Keyes in Webworld Marketing v. Thomas Justice Keys Dissents in Yellow Cab Trade Dress Infringement Case; Criticizes Majority for Creating a Conflict with Federal Courts in Interpreting the federal Lanham Act Hassan v. Greater Houston Transporation Co. d/b/a Yellow Cab (Tex.App.- Houston [1st Dist.] Feb. 16, 2007)(Dissent by Keyes) ("I withdraw my previous dissenting opinion dated February 15, 2007 and issue the following dissenting opinion in its stead. I respectfully dissent. This is an important trade dress infringement case of first impression. It was brought by appellee, Greater Houston Transportation Company d/b/a Yellow Cab ("Yellow Cab") against appellants, Yahya Hassan, individually and d/b/a Safe Cab Co. a/k/a Safe Cab Company, and Kemal Mohammed, individually and d/b/a Safe Cab Co. a/k/a Safe Cab Company ("Safe Cab"), under 15 U.S.C. § 1125(a) (2000), commonly known as the Lanham Act (the "Act"), and Texas common law. Appellant assigns points of error under both. The majority incorrectly concludes that appellant failed to preserve its challenge to the legal sufficiency of the evidence, proceeds directly to analyze the jury charge, summarily rejects a legally correct jury charge as erroneous without analyzing trade dress law, conducts a cursory and impressionistic harm analysis, concludes that the error was harmful, and remands the case for a new trial under an incorrect charge. The opinion invites the waste of judicial resources, confusion in the jury, and error in the next judgment and in future cases. It also creates a conflict between interpretations of the Lanham Act by Texas state courts and federal courts with concurrent jurisdiction over the same federal claims. I would affirm.") Hassan v. Greater Houston Transportation Co. (Tex.App.- Houston [1st Dist.] Feb. 15, 2007)(Nuchia)(majority opinion) Flottec, Inc. v. Gulf Industrial Products, Inc. (Tex.App.- Houston [1st Dist.] Feb. 8, 2007)(Keyes) (denial of special appearance, interlocutory appeal) AFFIRM TC JUDGMENT: Opinion by Justice Keyes (Before Justices Taft, Keyes and Hanks) 01-05-00967-CV        Frank Cappuccitti, Flottec, Inc. v. Gulf Industrial Products, Inc. Appeal from 344th District Court Trial Court Judge: Hon. Carroll E. Wilborn, Jr. Spir-Star AG v. Kimich (Tex.App.- Houston [1st Dist.] Feb. 8, 2007)(Keyes) (special appearance) (pet. filed and briefing on the merits requested -Tex. No. 07-0340) AFFIRM TC JUDGMENT: Opinion by Justice Keyes (Before Justices Nuchia, Keyes and Higley) 01-06-00129-CV        Spir-Star AG v. Louis Kimich Appeal from 125th District Court of Harris County Trial Court Judge:  Hon. John Coselli Metro Casualty Ins. Co. v. Foster (Tex.App.- Houston [1st Dist.] Feb. 1, 2007)(Keyes) (probate law, finality of order, minor settlement) AFFIRM TC JUDGMENT: Opinion by Justice Keyes (Before Justices Nuchia, Keyes and Higley) 01-05-01076-CV        Metropolitan Casualty Insurance Company v. Horace Foster, Permanent Guardian of the Estate--Appeal from Probate Court No 1 of Harris County Trial Court Judge:  Hon. Russell Austin Justice Keyes Writes Separately in Important Sovereign Immunity Case   Justice Evelyn Keys writes separate opinion in TSU v. State Street Bank and Trust, No. 01-05-00758-CV (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(separate opinion by Keyes)(substitute opinion) TSU v. State Street Bank and Trust and CMS Viron Corp. (Tex.App.- Houston [1st Dist.] Jan. 11, 2007) (majority opinion by Hanks)(substitute opinion) (government immunity waived by egregious conduct)