| 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] |
