Opinions by other Justices
of the
First Court of Appeals,  
sitting in Houston, Texas

Chief Justice Sherry Radack
Justice Tim Taft (resigned 4/09)
Justice Massengale (appt'd 2009)
Justice Jim Sharp (2009-)
Justice Sam Nuchia (former)
Justice Terry Jennings
Justice Evelyn Keyes
Justice Elsa Alcala  
Justice George C. Hanks, Jr.
Justice Laura Carter Higley
Justice Jane Bland

Appointed Justice of the First Court of Appeals
Republican Incumbent Place 8 (unexpired term)

Former incumbent in this position:  
Hon. Timothy Taft
Find more judge and court information at the Houston-Opinions Home Page

The Investiture for Justice Michael C. Massengale is September 15, 2009 at 4:30
p.m. in Garrett-Townes Hall at South Texas College of Law. A reception will
SOURCE: 1stCoA website

Massengale Political Campaign Website still under construction as of 1/5/10
Massengale is a Twitterer
Recent Opinions by Appointed Houston Appeals Court Justice
Michael C. Massengale

Governor Rick Perry has appointed Michael C. Massengale to fill the unexpired term of Justice Tim Taft,
who retired on June 1, 2009. Not to be confused with
Mike Massengale, fine artist.  


Brejon v. Johnson-Brejon (Tex.App.- Houston [1st Dist.] Dec. 31, 2009)(Massengale)
(motion to modify child support, material and substantial change in circumstances, attorney's fees order void)
we hold that there was probative and substantive evidence to support the trial court’s order for increased child support.
AFFIRM TC JUDGMENT: Opinion by Justice Massengale    
Before Chief Justice Radack, Justices Bland and Massengale   
01-08-00642-CV  Phillipe J. Brejon v. Lia M. Johnson-Brejon   
Appeal from 310th District Court of Harris County
Trial Court Judge:
The Honorable Lisa Millard

Rodrigues v. Press (pdf) (Tex.App.- Houston [1st Dist.] Dec. 17, 2009)(Massengale)(legal malpractice suit)
Appellant, Enrique Rodriguez, and his wife, Anabel Reyna Rodriguez, sued appellant’s former lawyer, Dionne S. Press, for
alleged negligence, breach of contract, violations of the Deceptive Trade Practices-Consumer Protection Act, and other
theories.  See Tex. Bus. & Com. Code Ann. §§ 17.41–.63 (Vernon 2002 & Supp. 2009) (DTPA).  The trial court rendered a take-
nothing summary judgment based on appellee Press’s motion for summary judgment.  Appellant brings three points of error,
alleging the trial court erred in (1) hearing the motion for summary judgment outside the time periods set out in the court’s
docket control order, (2) relying on the doctrine set forth in Peeler v. Hughes & Luce, 909 S.W.2d 494 (Tex. 1995),[1] to grant
Press’s motion for summary judgment, and (3) denying appellant’s motion for summary judgment based on what appellant
claims is false and misleading summary-judgment evidence filed by Press.  We affirm.
AFFIRM TC JUDGMENT: Opinion by Justice Massengale    
Before Chief Justice Radack, Justices Bland and Massengale   
01-08-00326-CV        Enrique Rodriguez v. Dionne S. Press   
Appeal from 190th District Court of Harris County
Trial Court Judge:
Hon. Jennifer Walker Elrod


Gov. Perry Names Massengale Justice of the 1st Court of Appeals

June 15, 2009

AUSTIN – Gov. Rick Perry has appointed Michael C. Massengale of Houston justice of the 1st Court of
Appeals for a term to expire at the next general election. The court presides over 10 counties surrounding
the Houston area.

Massengale is a partner at Baker Botts L.L.P. He is a member of the State Bar of Texas and American and
Houston Bar associations. He is also president of the Houston chapter of the Federalist Society, a volunteer
with the Houston Volunteer Lawyers Program, and a member of Annunciation Catholic Church. Massengale
received a bachelor’s degree from Dartmouth College and a law degree from the University of Texas at
Austin. He replaces Tim Taft of Houston.


Lawyer, 37, named 1st Court of Appeals justice (Tex Parte Blog) (quoting Massengale, who has a general
commercial and securities practice at Baker Botts, as saying he probably will not report for duty at the 1st
Court until Aug. 1 to give him time to finish projects in the works at his firm.)

Class of 2010, so far  One more judicial race (Charles Kuffner on Kuff' World) ("If form holds from 2008,
Massengale will have a primary challenger as well as a Democratic opponent. He was appointed to Place 8,
which as of my
Class of 2010 So Far post wasn't listed as a bench that was up for election. I presume that
will be rectified shortly. As you know, I think the appeals court races will be a good opportunity for Dems next
year, so I certainly hope new Justice Massengale gets a challenger soon.")


Link to --> Michael C. Massengale SBOT Profile | Statutory Profile Last Certified On: 02/10/2006 (accessed 6/18/09)
Texas Licensed: Dec. 11, 1997
Practice Information
Firm: No information reported by attorney  
Firm Size: Over 200
Occupation: Private Law Practice
Primary Practice Areas: Litigation: Commercial  
Courts of Admittance:
Federal Courts of Admittance:
Fifth Circuit Court of Appeals
Colorado District Court
Texas Northern District Court
Texas Southern District/Bankruptcy Court
Education and Certification History
Law Schools: University of Texas (UT)
Law School Graduation: June 1997 - Doctor of Jurisprudence (JD)  -->
Massengale class of 1996-97 group pic  (Tex LR)
Texas Board of Legal Specialization Certifications:
No profile data on file for Texas Board of Legal Specialization Certification


Practice Areas: Securities Litigation | Antitrust and Competition Law
Concentration: Commercial litigation, securities litigation and arbitration
Summary: Michael Massengale primarily represents clients in business trial matters. He has taken part in a
number of trials and injunction hearings in Texas and Delaware courts.
Mr. Massengale's active trial practice includes arbitrations. Since 2002 he has represented clients in nine
trials in Texas courts, seven of them jury trials, and three arbitrations before the National Association of
Securities Dealers. The clients he advises include regulated utilities, energy concerns, oil and gas
companies, and financial advisors.
Following graduation from law school, Mr. Massengale served as a law clerk to Judge Harold R. DeMoss Jr.
of the United States Court of Appeals for the Fifth Circuit.
Representative Engagements
CenterPoint Energy, Inc. – multiple lawsuits involving commercial and tort claims, including six cases tried to jury verdicts in
Texas state courts
ASARCO LLC – fraudulent transfer and breach of fiduciary duty litigation  
Pennzoil-Quaker State Company – multiple lawsuits, including second-chair representation of board of directors during three-
week trial of shareholder suit challenging the Shell/Pennzoil merger (favorable jury verdict, no breach of fiduciary duties), and
an antitrust suit against subsidiary MEDO Industries
Texas Genco – multiple lawsuits involving commercial and personal injury claims, including shareholder litigation arising
from the sale of the company
Reliant Energy, Inc. – multiple lawsuits involving commercial claims
Conoco Inc. – private arbitration and litigation before the Delaware Court of Chancery, Superior Court, and Supreme Court
Landry's Restaurants, Inc. – contract dispute litigated before the Delaware Court of Chancery
Special committee litigation – representation of the special committees of Plains Resources, Pure Resources, and
Chaparral Resources in separate disputes before the Delaware Court of Chancery arising from tender offers to acquire the
outstanding publicly traded shares of the companies at issue
NASD arbitrations – representation of various banks and financial advisors in disputes involving enforcement of an arbitration
agreement, an investor's allegations that he received oral promises of positive returns, and contract dispute over an alleged
oral compensation agreement
Pro bono matters – preparation of briefing to the United States Supreme Court on behalf of a prisoner (petition for writ of
certiorari) and amici curiae prosecutors' associations (briefs in support of successful petition for writ of certiorari and on
merits in support of successful petitioner); representation of children in various matters, including the handling of a student's
First Amendment complaint against a public school; representation of a church and a nonprofit corporation with respect to
threatened tax foreclosures
Publications, Speeches, and Presentations
Panelist, Decisions From the 2003-2004 United States Supreme Court Term, the Federalist Society, Houston, July 2004
"Riotous Uncertainty: A Quarrel With the 'Commentators' Rule' Against Section 1441(c) Removal for Counterclaim, Cross-
Claim, and Third-Party Defendants," Texas Law Review, 1997

ATTORNEY PROFILE ON www.superlawyers.com

Michael C. Massengale
Michael Massengale
Baker Botts L.L.P.
One Shell Plaza, 910 Louisiana Street
Houston, TX 77002 US
Practice areas: Business Litigation (50%), Securities Litigation (30%), Civil Litigation Defense (20%)
Law School: The University of Texas School of Law
Selected to:
Texas Rising Stars 2009
Texas Rising Stars 2008
Texas Rising Stars 2007
Texas Rising Stars 2006
Texas Rising Stars 2005
Texas Rising Stars 2004
Michael C. Massengale:

Justia Legal Services & Lawyer listing

SOCIAL MEDIA: LinkedIN Profile

Michael Massengale Contribution List in 2008
Name & Location Employer/Occupation MASSENGALE, MICHAEL C
Dollar Amount: $1,000 Date 3/21/2008
Contibuted to: TEXANS FOR SENATOR JOHN CORNYN INC. - Republican
Source: http://www.campaignmoney.com/political/contributions/michael-massengale.asp?cycle=08

Also see ---> 2009 Civil Appellate Opinions by Justice Massengale
Also see Appellate Record of Predecessor: --> 2009 Tim Taft Opinions |
2008 Opinions by Justice Timothy Taft in Civil Appeals
Future Seat of the Houston Court of Appeals Old Harris County Civil Courthouse
1st and 14th Court of Appeals

Justice Alcala, Elsa
Justice Anderson, John
Justice Bland, Jane
Justice Brown, Jeff
Justice Boyce, William (Bill)  
Justice Christopher, Tracy
Justice Edelman, Richard (former)
Justice Fowler, Wanda (former)
Justice Frost, Kem Thompson
Justice Guzman, Eva
Justice Hanks, George C., Jr.
Chief Justice Hedges, Adele
Justice Higley, Laura Carter
Justice Hudson, Harvey J. (former)
Justice Jennings, Terry
Justice Keyes, Evelyn
Justice Massengale, Michael
Justice Nuchia, Sam (former)
Chief Justice Radack, Sherry
Justice Seymore, Charles
Justice Sharp, Jim
Justice Sullivan, Kent
Justice Taft, Timothy (Tim)(former)
Justice Yates, Leslie Brock

Also see --> General Information on
Houston Courts of Appeals, Appellate
Judges, and 2008 Judicial Elections   

Houston Courts & Cases Blog