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

Chief Justice Sherry Radack
Justice Tim Taft
Justice Jim Sharp
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

Fourteenth Court of Appeals

Chief Justice Adele Hedges
Justice John Anderson
Justice Bill Boyce
Justice Richard Edelman (former)
Justice Kent Sullivan
Justice Wanda Fowler (former)
Justice Eva M. Guzman
Justice Jeff Brown
Justice J. Harvey Hudson (former)
Justice Charles W. Seymore
Justice Kem Frost
Justice Leslie Brock Yates

Find more judge and
court information at the
Houston-Opinions Home Page

GENERAL ELECTION OPEN SEAT RACE
Republican Ed Hubbard vs. Democrat Jim Sharp
Jim Sharp Won in the Nov. 2008 General Election
UPDATE: 2008 PRIMARY RESULTS
Republican primary voters give Incumbent Sam Nuchia the boot -
Ed Hubbard will face Democrat Jim Sharp in general election
Incumbent Sam Nuchia led in early voting in Harris County,
but lost to Hubbard in all counties on election day
JUDGE PROFILE
Justice Samuel M. Nuchia, who goes by Sam Nuchia is a former Houston
police chief and U.S. Attorney. Justice Nuchia wrote the lowest number of
signed opinions on the merits in FY 2006 and delivered no concurring or
dissenting opinions. Justice Nuchia's most noted recent opinion was the
reversal of Andrea Yates' murder conviction based on false testimony by an
expert at trial.
Yates v. State, 171 S.W.3d 215 (Tex.App.--Houston [1st Dist.]
2005, pet. ref'd). Of all nine justices on the First Court of Appeals, Justice
Nuchia has the most parsimonious biography. Judging by comparative
ratings in judicial polls conducted by the local Bar, Justice Nuchia is the
most unpopular member of the First Court of Appeals.
In the most recent local bar poll, Sam Nuchia received the highest number
of "not qualified" ratings from participating lawyers (550), followed by district
judge
Sharolyn Wood, with 515.
Nuchia's current term expires 2008. Incumbent Nuchia, a Republican,
desires to be re-elected. As of year's end his campaign web site (a parked
page) was as parsimonious as his official bio on the court's web site. It
sports a 14 word message and the notation
"Will be Up Soon"
UPDATE:
The re-election campaign web site is now up and running;
you need to have Flash installed to see Victim Advocate and
Crimefighter Sam move left and pop into focus on the screen.
Incumbent Nuchia's opponent in the Republican primary is
Ed Hubbard, a bearded self-described "lifelong Republican" who rides into
the campaign as 'problem fixer' - the problem in need of fixing being the
incumbent of worst-appellate-judge fame who is seen an embarrassment to
the Grand Old Republican Party.
See
Hubbard Campaign web site and Edward S. Hubbard SBOT Profile
The Democratic Party contender for Nuchia's seat is Jim Sharp
Challengers typically do not have a track record of published opinions: See
2006 Off the Kuff
Interview with Candidate Jim Sharp instead, which may be
a bit dated, but interesting nonetheless.
On February 18, 2008 the Houston Chronicle recommended that Republican primary
voters support Nuchia because he reversed
Andrea Yates' conviction and has himself rarely been reversed by
the Texas Supreme Court (something that can be said of most, if not all, appellate court
judges given the small number of cases in which the Supreme Court grants review.
)
2008 Opinions by [Former] Houston Appeals Court Justice
Sam Nuchia

2008 Nuchia Opinions in Civil Appeals

Cook v. Missionary Village Apartments (Tex.App.- Houston [ 1st Dist.] Dec. 19, 2008)(Nuchia) (eviction appeal)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Nuchia  
Before Justices Nuchia, Alcala and Hanks
01-07-00279-CV  Damini Cook v. Missionary Village Apartments
Appeal from County Civil Court at Law No 1 of Harris County
Trial Court Judge:
Hon. Jack Cagle   

PPI Technology Services LP v. Onca Petroleum Development, Inc. (Tex.App.- Houston [1st Dist.] Dec. 11,
2008)(Nuchia) (
segregation of attorney's fees, motion for new trial based on newly discovered evidence)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice
Nuchia  
(Before Chief Justice Radack, Justices Nuchia and Higley)
01-06-00873-CV   PPI Technology Services, L.P. v. Onca Petroleum Development, Inc.Appeal from 190th
District Court of Harris County
Trial Court
Judge: Hon. Jennifer Walker Elrod

Guerrero v. Boyd (Tex.App.- Houston [1st Dist.] Dec. 11, 2008)(Nuchia)(pro se appeal deficient briefing, parties
to the appeal, nonsuited party not appellees, ineffective assistance of counsel)
AFFIRM TC JUDGMENT: Opinion by
Justice Nuchia  
Before Chief Justice Radack, Justices Nuchia and Higley
01-07-00465-CV   Maria Elena Guerrero v. Mark A. Boyd and Control Solutions, Inc.
Appeal from 269th District Court of Harris County
Trial Court Judge:
Hon. John Thomas Wooldridge

In the Matter of AMM (Tex.App.- Houston [1st Dist.] Dec. 11, 2008)(Nuchia)
(
juvenile deliquency, drag racing death, habeas corpus)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
Before Justices Nuchia, Hanks and Higley
01-07-01099-CV In the Matter of A.M.M.
Appeal from 314th District Court of Harris County

Safety National Casualty Corp. v. State of Texas (Tex.App.-Houston [1st Dist.] Nov. 7, 2008)(Nuchia)
(forfeiture, supplemental opinion)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Nuchia  
Before Justices Nuchia, Hanks and Higley
01-07-00122-CR         Safety National Casualty Corporation v. State of Texas
01-07-00123-CR         Safety National Casualty Corporation, Michael W. Cox v. State of Texas
Appeal from 180th District Court of Harris County

Bruns v. Top Design Inc. (Tex.App. - Houston [1st Dist.] Oct. 2, 2008)
(
temporary injunction order void, requirement for bond)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Nuchia  
Before Chief Justice Radack, Justices Taft and Nuchia
01-08-00070-CV        Dennie Bruns v. Top Design Incorporated
Appeal from 56th District Court of Galveston County
Trial Court Judge: Hon Lonnie Cox

Choice Auto Brokers, Inc. v. Dawson (Tex.App.- Houston [1st Dist.] Sep. 25, 2008)(Nuchia)
(
Internet sales of vehicles and personal jurisdiction, accelerated, interlocutory appeal challenging the trial
court's order denying of special appearance; case dismissed for lack of personal jurisdiction)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by
Justice Sam Nuchia  
Before Chief Justice Radack, Justices Nuchia and Higley
01-07-01035-CV Choice Auto Brokers, Inc. v. Carl Dawson
Appeal from 152nd District Court of Harris County
Trial Court
Judge: Hon. Kenneth P. Wise  

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)      

Monterosso v. Vance (Tex.App.- Houston [1st Dist.] Aug. 28, 2008)(Nuchia)
(
denial of special appearance affirmed)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
Before Justices Nuchia, Alcala and Hanks
01-07-00972-CV        Joseph Monterosso and Luis Vargas v. Mark Vance
Appeal from 190th District Court of Harris County
Trial Court Judge:
Hon. Jennifer Walker Elrod

Healix Infusion Therapy, Inc. v. South Florida Infectious Diseases & Tropical Medicine Center, LLC
(Tex.App.- Houston [1st Dist.] July 24, 2008)(Nuchia) (special appearance, foreign defendant, purposeful
availment)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia  
Before Justices Nuchia, Alcala and Hanks
01-07-00849-CV Healix Infusion Therapy, Inc. v. South Florida Infectious Diseases & Tropical Medicine Center,
LLC
Appeal from 234th District Court of Harris County
Trial Court
Judge: Hon. Reece Rondon  

Unifund CCR Partners v. Gellatly (Tex.App.- Houston [1st Dist.] July 3, 2008)(Nuchia)
(
credit card suit by assignee against consumer, reliance on deemed admissions, sufficiency of summary
judgment proof, breach of contract and quantum meruit exclusive of each other)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia  
Before Justices Nuchia, Alcala and Hanks
01-07-00552-CV Unifund CCR Partners v. Sara Morgan Gellatly
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court
Judge: Hon. Roberta A. Lloyd  

J.C. v. State (Tex.App.- Houston [1st Dist.] June 26, 2008)(Nuchia)
(involuntary
mental health civil commitment, medication reversed)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Nuchia  
Before Justices Nuchia, Alcala and Hanks
01-08-00113-CV        J.C. v. The State of Texas
01-08-00112-CV        J.C. v. The State of Texas
Appeal from Probate Court of Galveston County
Trial Court Judge: Hon. Gladys B. Burwell

Woofter, MD v. Benitez (Tex.App.- Houston [1st Dist.] June 19, 2008)(Nuchia)
(
HCLC, expert report, probate court)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Nuchia  
Before Justices Nuchia, Hanks and Bland
01-06-01123-CV Aaron Lee Woofter, M.D.; Danny Chu, M.D.; Jonathan Charles Daniel, M.D.; and Fred Milton
Sutton, Jr., M.D. v. Molly Benitez, Individually and as Representative of the Estate of Andrea Jimenez Islam,
Deceased, and Kazi M. Islam--Appeal from Probate Court No 1 of Harris County
Trial Court Judge: Hon. Russell Austin

L&L Crane Service, Inc. v. Continental Dredging, Inc. (Tex.App.- Houston [1st Dist.] June 5, 2008) (Nuchia)
(commercial dispute, storage fees,
breach of contract, quantum meruit, conversion claim)breach of contract,
quantum meruit, conversion claim)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia  
Before Justices Nuchia, Hanks and Higley
01-07-00083-CV L&L Crane Service, Inc. v. Continental Dredging, Inc.
Appeal from 11th District Court of Harris County
Trial Court
Judge: Hon. Mark Davidson

Carlson v. Remington Hotel Corp. (Tex.App.- Houston [1st Dist.] May 22, 2008)(Nuchia)
(
premises liability, res ipsa loquitur)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia  
Before Justices Nuchia, Hanks and Higley
01-07-00376-CV Lori Carlson and Shannon Carlson v. Remington Hotel Corporation d/b/a Hilton Houston NASA
Clear Lake; New Clear Lake Hotel d/b/a Nassau Bay Hilton; and New Clear Lake Group, GP, LLC
Appeal from 55th District Court of Harris County
Trial Court Judge:
Hon. Jeffrey Brown  
Attorney(s): Clay Dugas , Mike Jacobellis | J. Preston Wrotenbery  Kevin D. Jewell

Safety National Casualty Corp. v. State of Texas (Tex. App. - Houston [1st Dist.] Apr. 17, 2008)(Nuchia)
(bond forfeiture case, interest calculation)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Nuchia  
Before Justices Nuchia, Hanks and Higley
01-07-00122-CV
01-07-00123-CV Safefy National Casualty Corporation, Michael W. Cox v. State of Texas
Appeal from 180th District Court of Harris County
Trial Court Judge: Hon. Debbie Montooth-Stricklin

In re Heather Sartain (Tex.App.- Houston [1st Dist.] Apr. 3, 2008)(Nuchia) (family law,
temporary order for attorneys fees, mandamus granted, divorce, SAPCR proceedings, order granting interim
attorney's fees lifted]
GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Nuchia
Before Justices Nuchia, Hanks and Higley
01-07-00920-CV In re Heather Sartain
Appeal from 306th District Court of Galveston County
Trial Court Judge: Hon. Janis L. Yarbrough

Nuchia throws out large DTPA judgment - Justice Keyes Dissents
Brown & Brown of Texas v. Omni Metals, Inc. (Tex.App.- Houston [1st Dist.] Mar. 20, 2008)(Nuchia)
(
insurance law, coverage, Insurance Code violation, DTPA, negligent misrepresentation, judgment for plaintiff
reversed and take-nothing judgment rendered)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Nuchia
01-05-01190-CV Brown & Brown of Texas, Inc. f/k/a Poe & Brown of Texas, Inc. and Transcontinental Insurance
Company v. Omni Metals, Inc.
Appeal from 61st District Court of Harris County
Trial Court Judge:
Hon. John Donovan    
OPINION DISSENTING TO THIS COURT'S JUDGMENT:
Dissenting Opinion by Justice Keyes  

Backhus v. Werchan Wisnoski (Tex.App. - Houston [1st Dist.] Mar. 13, 2008)(Nuchia)
(
probate law, construction of will, real estate law, partition of land)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
01-07-00041-CV Sharon Swank Backhus; Benjamin F. Swank, III; Shannon Lea Werchan Pickering; Swank
Turner Backhus; Benjamin Fontaine Swank, IV; Christian Harris Swank; and Suzanne Swank Porter v. Haven
Lynn Werchan Wisnoski and Shane Alan Werchan
Appeal from 12th District Court of Grimes County
Trial Court Judge: Hon. William McAdams  

Ebrahim v. Middlebury Properties, II (Tex.App.- Houston [1st Dist.] Mar. 6, 2008)(Nuchia)
(
lease law, property code, preservation of error, trial court record)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
01-06-01175-CV Lisha Ebrahim v. Middlebury Properties, II, L.P.
Appeal from 55th District Court of Harris County
Trial Court Judge:
Hon. Jeffrey Brown  

National Football League Players Inc. v. Balek's Bar-B-Q (Tex. App.- Houston [1st Dist.] Mar. 6, 2008)(Nuchia)
(
bill or review, default judgment on breach of contract, BoC, counterclaim)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR
FURTHER PROCEEDINGS: Opinion by Justice Nuchia
01-06-01106-CV National Football League Players Incorporated and National Football League Players
Association v. Blake's Bar-B-Q, Inc.
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court Judge:
Hon. Roberta A. Lloyd  

Foote v. Tate No. 01-06-00956-CV  (Tex.App. - Houston [1st Dist.] Jan. 31, 2008)(Nuchia)
(
real estate law, contract construction, consideration)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
Before Justices Nuchia, Hanks and Higley
Kennitra M. Foote v. Monica J. Tate
Appeal from 270th District Court of Harris County (
Judge Brent Gamble)

2007 Civil Cases with Opinions Authored by Justice Sam Nuchia

Arias v. Brookstone, LP (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Nuchia)(construction law, contractors,
mechanic's and materialman's lien, filing, bond)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR
FURTHER PROCEEDINGS: Opinion by Justice Nuchia
Before Justices Nuchia, Keyes and Higley
01-05-00746-CV Gustavo Arias d/b/a Gus Trucking Service v. Brookstone, L.P. and Liberty Mutual Insurance
Company
Appeal from 190th District Court of Harris County (
The Honorable Jennifer Elrod)

Production Instruments Sales and Services v. Croft (Tex.App.- Houston [1st Dist.] Nov. 29, 2007)(Nuchia)
(noncompete agreement, temporary injunction appeal)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
Before Justices Nuchia, Jennings and Keyes
01-07-00434-CV Production Instruments Sales and Service, Inc. d/b/a Croft Services and Energy Maintenance
Services Group I, LLC v. Frank Croft
Appeal from 129th District Court of Harris County (
Hon. Grant Dorfman)

Shekhani Enterprises, Inc. v. A/M Mechanical Services (Tex.App.- Houston [14th Dist.] Nov. 15,
2007)(Nuchia)(
employee check fraud, company check endorsement)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
Before Justices Nuchia, Hanks and Bland
01-06-00629-CV Shekhani Enterprises, Inc. v. A/W Mechanical Services, L.P.
Appeal from 334th District Court of Harris County (
Hon Sharon McCally)

Hartman v. HCAD (Tex.App.- Houston [1st Dist.] Oct. 11, 2007)(Nuchia)(tax protest case, judicial review)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
Before Justices Nuchia, Hanks and Bland
01-06-01074-CV Allen R Hartman and Lisa Hartman v. Harris County Appraisal District and the Appraisal
Review Board of the Harris County Appraisal District
Appeal from 80th District Court of Harris County (
Judge Kent C. Sullivan)

Slade v. TSU , 232 SW3d 395 (Tex.App.- Houston [1st Dist.] Aug. 30, 2007)(Nuchia)(government entities,
sovereign immunity to breach of contract suit, public employment)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
Before Justices Nuchia, Keyes and Higley
01-06-00990-CV Priscilla D. Slade v. Texas Southern University Board of Regents
Appeal from 61st District Court of Harris County (
Hon. John Donovan)

Justice Nuchia holds that firefighters' case against city properly dismissed with prejudice without
reaching the merits
Lowell v. City of Baytown, Texas (Tex.App.- Houston  [1st Dist.] Aug. 9, 2007, pet. (MET) filed)(Nuchia)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC
FOR FURTHER PROCEEDINGS: Opinion by Justice Nuchia
Before Justices Nuchia, Jennings and Higley
01-04-00548-CV        Keith Lowell; Ferrel J. Angelle; Bill Baylis; James Burgess; Robert Burlin; Thomas
Carr; Gilbert Contreras; David Cox; Jeff Daigle; James T. Datillo, Sr.; Richard S. Domask; W.A. Domask;
Daniel J. Dubiel; Ralph Feniello; Rodney Foster; Gaston Gagne; et al v. City of Baytown, Texas
Appeal from 215th District Court of Harris County (
Hon. Levi Benton)

Carpenter v. The Kroger Co. (Tex.App.- Houston [1st Dist.] Jun 14, 2007)(Nuchia)(op. on motion for
rehearing)(
premises liability)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice
Nuchia
Before Justices Nuchia, Keyes and Higley
01-06-00087-CV        Suzanne S. Carpenter v. The Kroger Company and/or The Kroger Co.
Appeal from 113th District Court of Harris County (
Hon. Patricia Hancock)

Pye's Auto Sales,Inc v. Gulf State Finance Co. (Tex.App.- Houston [1st Dist.] May 31, 2007)(Nuchia)(corporate veil)
Pye's Auto Sales, Inc v. Gulf State Finance Co. (Tex.App.- Houston [1st Dist.] May 31, 2007)(Nuchia)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
Before Chief Justice Radack, Justices Taft and Nuchia
01-05-00670-CV
Pye's Auto Sales, Inc., and Sidney T. Pey, III, a/k/a Sidney Pye v. Gulf States Finance
Company--Appeal from 151st District Court of Harris County (
Hon. Caroline E. Baker)

Mother cannot bring restricted appeal; her signature on the final decree constituted
participation
Chakey v. Chakey (Tex.App.- Houston [1st Dist.] May 17, 2007)(Nuchia)
[
family law, SAPCR, waiver of citation, agreed decree]
DISMISS APPEAL: Opinion by Justice Nuchia
Before Justices Nuchia, Hanks and Bland
01-06-00848-CV Elizabeth Marie Chakey v. Zachary R. Chakey, Jr. and Dawn A. Chakey
Appeal from 312th District Court of Harris County (
Hon. James D. "Jim" Squier)

"Psycho"-Mom Denied All Visitation
O'Connor v. O'Connor (Tex.App.- Houston [1st Dist.] May 17, 2007)(Nuchia)
[
family law, divorce, SAPCR, access denial injunction psychological mental health, disproportionate division of
community property in favor of husband]
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
Before Justices Nuchia, Hanks and Bland
01-06-00445-CV Jamie R. O'Connor v. Daniel K. O'Connor
Appeal from 310th District Court of Harris County (
Judge Lisa Millard)

Trial Court should not have made ruling while motion to recuse was pending
Riga v. Commission for Lawyer Discipline (Tex.App.-Houston [1st Dist.] May 10, 2007)(Nuchia)
[
recusal motion, order signed while motion pending found void, exception did not apply]
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Nuchia
Before Justices Nuchia, Keyes and Higley
01-06-00239-CV Peter J. Riga and Michael Easton v. Commission for Lawyer Discipline
Appeal from 151st District Court of Harris County (Judge Fowler)

Tejas Toyota, Inc. v. Coffman (Tex.App.- Houston [1st Dist.] May 3, 2007)(Nuchia)
[
consumer law, DTPA, auto service, oil change, attorneys fees]
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
Before Justices Nuchia, Keyes and Higley
01-06-00347-CV Tejas Toyota, Inc. v. Lisa Coffman
Appeal from 151st District Court of Harris County (
Judge Caroline E. Baker)

Justice Jennings takes Justice Nuchia to task for mis-characterizing premises defect claim into
health care liability claim
Marks v. St. Luke's Episcopal Hospital (Tex.App.- Houston [1st Dist.] May 3, 2007)(Nuchia)(opinion on
remand)(
HCLC, standard of care, expert report)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
Before Justices Nuchia, Jennings and Alcala
01-04-00228-CV Irving W. Marks v. St. Luke's Episcopal Hospital
Appeal from 215th District Court of Harris County (
Judge Levi J. Benton)
Justice
Jennings wrote separately in Marks v. St. Luke's   

Carpenter v. The Kroger Co. (Tex.App.- Houston [1st Dist.] Apr. 26, 2007)(Nuchia)
[
premises liability, summary judgment, spoliation]
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice
Nuchia
Before Justices Nuchia, Keyes and Higley
01-06-00087-CV        Suzanne S. Carpenter v. The Kroger Company and/or The Kroger Co.
Appeal from 113th District Court of Harris County (
Hon. Patricia Hancock)

City of Houston v. Southern Electrical Services, Inc. (Tex.App. - Houston [1st Dist.] Apr. 26, 2007)(Nuchia)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Nuchia
Before Justices Nuchia, Keyes and Higley
01-06-00180-CV        City of Houston v. Southern Electrical Services, Inc., As Assignee of The Caddell
Construction Company, Inc.
Appeal from 165th District Court of Harris County (
Hon. Elizabeth Ray)

TDCJ v. Thomas (Tex.App.- Houston [1st Dist.] Apr. 19, 2007, pet. filed, briefing requested, pet. denied)(Nuchia)
(plea to the jurisdiction,
TTCA,  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

Beal Bank v. Clark Warehouses (Tex.App.- Houston [1st Dist.] Feb. 15, 2007)(Nuchia)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
Before Justices Nuchia, Keyes and Higley
01-05-00789-CV        Beal Bank, SSB v. Clark Warehouses, Inc., Alton Biggers and Glenda Hensley Biggers
Appeal from 189th District Court of Harris County

Hassan v. Greater Houston Transportation Co. dba Yellow Cab (Tex.App.- Houston [1st Dist.] Feb. 15,
2007)(Nuchia)(Lanham Act, trade dress, injunction)
Justice
Keys wrote a dissenting opinion in Hassan v. Greater Houston Transportation Co d/b/a Yellow Cab.
(Tex.App.- Houston [1st Dist.] Feb. 16, 2007)(Dissent by Keyes)(subst. opinion superseding dissent of a day
prior)
01-05-00494-CV        Yahya Hassan, Individually and d/b/a Safe Cab Co., a/k/a Safe Company and Kemal
Mohammed, Individually and d/b/a Safe Cab Co., a/k/a Safe Cab Company v. Greater Houston Transportation
Company d/b/a Yellow Cab--Appeal from
281st District Court of Harris County

Kim v. Santos Nunes (Tex.App.- Houston [1st Dist.] Feb. 1, 2007)(Nuchia)
(frivolous appeal sanctions imposed on attorney)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
Before Justices Nuchia, Jennings and Higley
01-05-00636-CV        Okjin Kim v. Santos Nunes
Appeal from 151st District Court of Harris County
Trial Court Judge:  
Hon. Caroline E. Baker


2007 Separate Opinions by Justice Sam Nuchia

None