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Recent Opinions by Visiting Justice Margaret Garner Mirabal
Justice Margaret Garner Mirabal held Place 5 on the First Court of Appeals from 1988 to 2002. Her
successor is in that appellate court position is Justice
Laura Carter Higley (2003-present). Justice Mirabal
participates in some cases by assignment. In Fiscal Year 2009-2010, which ended August 31, 2010,
Mirabal wrote 12 opinions, one of which was a concurrence and one a dissent.

Recent Opinions by Senior Justice Margaret Garner Mirabal in Civil Cases

De Acetis v. Whitley (Tex.App.- Houston [14th.] Mar. 25, 2010)(Mirabal)
(
real estate dispute stemming from divorce, enforcement of property division by contempt, res judicata
based on divorce proceeding)
AFFIRMED: Opinion by
Justice Mirabal      
Before Justices Mirabal, Boyce and Sullivan   
14-08-00429-CV Dennis C. De Acetis v. Marianne Whitley, Michael W. DeAcetis, James M. Gary, Kimberly
C. Gary, and Martha C. Fonke    
Appeal from 239th District Court of Brazoria County
Trial Court Judge: Patrick Edward Sebesta  

Miller v. City of Houston [and its police chief] (Tex.App.- Houston [14th Dist.] Mar. 23, 2010)(Mirabal)  
(
city civil service, disciplinary proceeding appeal, plea the jurisdiction)(hearing examiner was not authorized
to impose a suspension of more than fifteen days) (applying
City of Waco v. Kelley, 53 Tex. Sup. Ct. J. 338,
2010 WL 571974 (Tex. Feb. 19, 2010))
REVERSED AND REMANDED: Opinion by
Justice Mirabal        
Before Chief Justice Hedges, Justices Anderson and Mirabal    
14-08-01018-CV Lt. Ken Miller v. City of Houston and Harold Hurtt   
Appeal from 215th District Court of Harris County
Trial Court Judge:
Levi James Benton   

Harris County Flood Control District v. Great American Ins. Co. (Tex.App. - Houston [14th Dist.] Feb. 25,
2010)(Hedges) (
plea to the jurisdiction governmental immunity, prompt payment act,
quantum meruit)
Appellant, Harris County Flood Control District, appeals from the denial of its plea to the jurisdiction on the claims of
appellee, Great American Insurance Company, for quantum meruit and attorney’s fees.  Because we conclude that appellant
has not waived its immunity relative to those claims, we reverse and dismiss in part, affirm in part, and remand.
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Chief Justice Hedges      
Before Chief Justice Hedges, Justices Seymore and
Senior Justice Margaret Mirabal    
14-09-00571-CV  Harris County Flood Control District v. Great American Insurance Company    
Appeal from 157th District Court of Harris County
Trial Court Judge:  
Randy Wilson
Dissenting Opinion by Justice Mirabal in Harris County Flood Control Dist. v. Great American Ins. Co.
(re governmental immunity and attorneys fees)      

Zavadil v. Safeco Ins. Co. of Illinois (Tex.App.- Houston [14th Dist.] Feb. 23, 2010)(Mirabal)
(no
tolling of limitations based on defendant's absence from state, no SoL tolling based on brief absences)
REVERSED AND RENDERED: Opinion by
Senior Justice Mirabal     
Before Chief Justice Hedges, Justices Anderson and Mirabal    
14-09-00568-CV  Jessica Zavadil v. Safeco Insurance Company of Ilinois   
Appeal from County Civil Court at Law No 1 of Harris County
Trial Court Judge:
R. Jack Cagle    

Dilston House Condominium Association v. White (Tex.App.- Houston [14th Dist.] May 19, 2007)(Mirabal)
(
homeowner law, condominium declarations, bylaws, HOA litigation and appeals, attorneys fees)
AFFIRMED: Opinion by Justice Mirabal
Before Justices Frost and Mirabal
14-05-00960-CV Dilston House Condominium Association v. Dianne White
Appeal from County Civil Court at Law No 1 of Harris County (
Hon. R. Jack Cagle)
Senior Justice Margaret Garner Mirabal

Escalante v. Rowan (Tex.App.- Houston [14th Dist.] Jan. 22, 2008)(Mirabal) (case with dissenting opinion
on appeal) (HCLC, medical malpractice, health care liability, claim, motion to dismiss by defendants)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Mirabal
Before Justices Anderson, Frost and Mirabal
14-05-00828-CV Dr. Carmelita Escalante, Dr. Edmund Kim, Dr. Edgardo Rivera and Dr. Franklin Wong v.
Donita Rowan and James Niese
Appeal from 164th District Court of Harris County
(
Judge Martha Hill Jamison)
Dissenting Opinion by Justice Anderson  

Rowan v. Escalante (Tex.App. - Hosuton [14th Dist.] Jan. 22, 2008)(Mirabal)
(
HCLC, summary judgment for defendants reversed)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Mirabal
Before Justices Anderson, Frost and Mirabal
14-06-00197-CV Donita Rowan and James Niese v. Carmelita P. Escalante, M.D., E. Edmund Kim, M.D.,
Edgardo Rivera, M.D., and Franklin C. Wong, M.D.
Appeal from 164th District Court of Harris County (
Hon. Martha Hill Jamison)
Dissenting Opinion by Justice Anderson



NO. 14-04-01031-CV: IN THE INTEREST OF J.A.J. August 10, 2006

NO. 14-05-00579-CV:
IN THE INTEREST OF M.A., A CHILD  October 4, 2007

14-04-01156-CV
ORTIZ, V. COLLINS July 6, 2006

[under construction - additional cases to be added]
Future Seat of the Houston Court of Appeals Old Harris County Civil Courthouse
HOUSTON JUSTICES
1st and 14th Court of Appeals

CURRENT JUSTICES (2011)
in alphabetical order
Justice Alcala, Elsa
Justice Anderson, John S.
Justice Bland, Jane
Justice Brown, Harvey G.
Justice Brown, Jeff
Justice Boyce, William (Bill)
Justice Carter, Laura Higley  
Justice Christopher, Tracy
Justice Fowler, Wanda (former)
Justice Frost, Kem Thompson
Chief Justice Hedges, Adele
Justice Higley, Laura Carter
Justice Hill Jamison, Martha
Justice Jamison, Martha Hill
Justice Jennings, Terry
Justice Keyes, Evelyn
Justice Massengale, Michael C.
Justice McCally, Sharon
Chief Justice Radack, Sherry
Justice Seymore, Charles W.
Justice Sharp, Jim
Justice Thompson, Kem Frost

LAST UPDATED: 1/8/2011

FORMER JUSTICES
(only most recent justices are listed)
Justice Edelman, Richard
Justice Hanks, George C., Jr.
Justice Guzman, Eva
Justice Hudson, Harvey J.
Justice Sullivan, Kent
Justice Nuchia, Sam (former)
Justice Taft, Timothy (Tim)
Justice Yates, Leslie Brock

VISITING JUSTICES
(who participate on some cases)
Justice Mirabal, Margaret (retired,
visitiing)
Justice Wilson, Davie (ret. visiting
judge)


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