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.) |
| Recent Opinions by [Former] Houston Appeals Court Justice Sam Nuchia |
Brown & Brown of Texas, Inc. v. Omni Metals, Inc. (pdf) (Tex.App.- Houston [1st Dist.] Dec. 17, 2009)(Substituted opinion by Keyes) (insurance coverage, certificates of insurance, DTPA) MODIFY TRIAL COURT JUDGMENT AND AFFIRM TRIAL COURT JUDGMENT AS MODIFIED: Opinion by Justice Keyes Before Justices Nuchia, Keyes and Higley 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 Dissenting Opinion by Justice Nuchia Magee v. G & H Towing Co. (pdf) (Tex.App.- Houston [1st Dist.] Nov. 30, 2009)(Nuchia) (fatal car wreck, negligent entrustment claim) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Nuchia Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00572-CV Cory Wayne Magee, Individually, and Tracey D'ann Mayo, Individually and as Legal Representative of the Estate of Douglas Emery Magee, Deceased, and the Estate of Lois Ann Magee, Deceased v. G & H Towing Company Appeal from Probate Court No 1 of Harris County Magee v. G & H Towing Co. (pdf) (Tex.App.- Houston [1st Dist.] Nov. 30, 2009)(Nuchia) AFFIRM TC JUDGMENT: Opinion by Justice Nuchia Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00837-CV Cory Wayne Magee, Individually, and Tracey D'ann Mayo, Individually and as Legal Representative of the Estate of Douglas Emery Magee, Deceased, and the Estate of Lois Ann Magee, Deceased v. William C. Colson Appeal from Probate Court No 1 of Harris County Trial Court Judge: Hon. Russell Austin Eterm v. Crampton (Tex.App.- Houston [1st Dist.] Jan. 15, 2009)(Nuchia) (car purchase) AFFIRM TC JUDGMENT: Opinion by Justice Nuchia (Before Justices Nuchia, Hanks and Higley) 01-07-00270-CV Ibrahim M. Eterm d/b/a Prestige Motors v. Rhonda L. Crampton and Lane Crampton Appeal from 11th District Court of Harris County Trial Court Judge: Hon. Mark Davidson 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 |