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

Chief Justice Sherry Radack
Justice Tim Taft
Justice Sam Nuchia
Justice Terry Jennings
Justice Evelyn Keyes
Justice Elsa Alcala  
Justice George C. Hanks, Jr.
Justice Laura Carter Higley
Justice Jane Bland

Chief Justice Radack took the helm on the First Court of Appeals
after having first served as an associate justice. She was appointed
to both positions by Governor Rick Perry to fill vacancies. Justice
Radack was previously a trial lawyer and a district court judge. She
has an undergraduate degree from Rice University, and earned her
JD at the University of Houston Law Center.
In Fiscal Year 2006 Chief Justice Radack authored 132 opinions,
only two of which were separate opinions expressing some
disagreement with the majority, but concurring in the result. Justice
Radack issued no dissenting opinions. About half of Chief Justice
Radack’s opinions were signed, and half were per curiam opinions.
Chief Justice Radack’s current term will end in 2010.

Find more judge and court information
at the Houston-Opinions Home Page
2007 Opinions by Houston Appeals Court Justice
Sherry Radack, Chief Justice of the First Court of Appeals

2007 Opinions by Chief Justice Sherry Radack in Civil Cases
Also see --> Recent (2009) Opinions | 2008  Opinions by Justice Radack

Rapid Settlements, Ltd. v. Gross (Tex.App.Houston [1st Dist.] Dec. 20, 2007)(Radack) (one paragraph
DWOP opinion)
DISMISS APPEAL: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Keyes and Higley
01-05-00757-CV Rapid Settlements, Ltd. v. Kenneth Ray Gross and Symetra Life Insurance Company.,
and Symetra Assigned Benefits Service Company
Appeal from Co Civil Ct at Law No 3 of Harris County (
Hon. Lynn Bradshaw-Hull)

Midland Funding NCC-2 Corp. v. Azubogu (Tex.App.- Houston [1st Dist.] Dec. 13, 2007)(Radack) (DWOP is
without prejudice, complaint about
imposition of sanctions not preserved for appellate review)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Alcala and Bland
01-06-00801-CV Midland Funding NCC-2 Corp. v. Josiah Azubogu
Appeal from 165th District Court of Harris County (
Hon. Elizabeth Ray)

Kipp v. KBR (Tex.App.- Houston ]1st Dist.] No. 8, 2007)(Radack)(premises liability, NE-MSJ)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Alcala and Bland
01-06-00906-CV Steven Kipp and Karen Kipp v. Kellogg Brown & Root Services, Inc. f/k/a Management
Logistics, Inc., BRSP, Dyncorp Technical Services, LLC and Computer Science Corporation
Appeal from 151st District Court of Harris County (
Hon. Caroline Baker)

Elberger v. Ford Motor Co. (Tex.App.- Houston [1st Dist.] Nov. 8, 2007)(Radack)(dismissal docket, motion
for continuance)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Alcala and Bland
01-06-00926-CV Mr. and Mrs. Robert Elberger v. Ford Motor Company, Inc., Dub Miller Ford, Inc. and
Daryl Waterwall
Appeal from 268th District Court of Fort Bend County (Hon. Brady G. Elliott)

In re Jackson (Tex.App.- Houston [1st Dist.] Nov. 1, 2007)(Radack)(filing of clerk's record moots mandamus
against clerk)
DISMISS PETITION FOR WRIT OF MANDAMUS: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Alcala and Bland
01-07-00816-CV In re Donald C. Jackson
Appeal from 133rd District Court of Harris County (
Hon. Lamar McCorkle)

Hayes v. Wells Fargo Bank (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(Radack)(biz law, debt, promissory
note, balloon payment)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Alcala and Bland
01-06-00720-CV Leroy Hayes, Jr. v. Wells Fargo Bank, N.A.
Appeal from 280th District Court of Harris County (
Hon. Tony Lindsay)

H & L Mortgage, Inc. v. Elwood (Tex.App.- Houston [1st Dist.] Oct 11, 2007)(Radack)(minimalist opinion)
(unopposed motion to dismiss)
DISMISS APPEAL: Opinion by Chief Justice Radack
(Before Chief Justice Radack, Justices Alcala and Bland)
01-07-00727-CV H & L Mortgage, Inc. and William Lambright v. Leslie Elwood
Appeal from
334th District Court of Harris County

Crowder v. Crowder Estate Trust (Tex.App.- Houston [1st Dist.] Oct. 4, 1007)(Radack)(release)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Alcala and Bland
01-06-00606-CV Walter F. Crowder, Trustee of the Ann Crowder Estate Trust v. Ann L. Crowder Estate
Trust, John C. Crowder, Ronald Lee Crowder and James C. Crowder, Jr.
Appeal from 405th District Court of Galveston County (Hon Wayne Mallia)

Orion Refining Corp. v. UOP (Tex.App.- Houston [1st Dist.] Oct. 4, 2007)(Radack)(BoC, foreign state law)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Jennings and Bland
01-05-00681-CV Orion Refining Corporation v. UOP, a general partnership, UOP, LLC EM Sector Holdings,
Inc., and Catalysts, Absorbents and Process Systems, Inc.
Appeal from 129th District Court of Harris County (
Hon. Grant Dorfman)

Rosenblatt v. Freedom Life Ins. Co. (Tex..App.- Houston [1st Dist.] Aug. 2, 2007(Radack)(attorneys fees)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Jennings and Bland
01-05-01107-CV        Michael Rosenblatt v. Freedom Life Insurance Company of America; Ascent
Assurance, Inc., and National Care Marketing, Inc.
Appeal from 295th District Court of Harris County (
Hon. Tracy Christopher)

Bozeman v. The Estate of Rein Henderson (Tex.App.- Houston [1st Dist.] Jun. 21, 2007)(Radack)(probate)
DISMISS APPEAL: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Jennings and Bland
01-05-01066-CV        Kimberly Bozeman v. The Estate of Rein Henderson, Deceased
Appeal from County Court at Law No 4 of Fort Bend County (Hon. R.H. Bielstein)

Harris v. Burks (Tex.App.- Houston [1st Dist.] Jun. 21, 2007)(Radack)(SAPCR, default judgment affirmed)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Keyes and Higley
01-06-00128-CV        William Francis Harris, Sr. v. Thyra Burks
Appeal from 247th District Court of Harris County (
Hon. Bonnie Hellums)  

El-Khoury v. Kheir (Tex.App.- Houston [1st Dist.] Jun 14, 2007)(Radack)(defamation)(Radack)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR
FURTHER PROCEEDINGS: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Keyes and Higley
01-06-00088-CV        John El-Khoury v. Benjamine Kheir
Appeal from 334th District Court of Harris County (
Hon Sharon McCally)
Concurring and Dissenting Opinion by Justice Keyes

Texas Alcoholic Beverage Commission v. Rodriguez d/b/a La Gaviota Nite Club  (Tex.App.- Houston [1st
Dist.] May 31, 2007)(Radack)
[license renewal denied]
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Chief
Justice Radack
Before Chief Justice Radack, Justices Jennings and Bland
01-05-01092-CV
Texas Alcoholic Beverage Commission v. Jesus Rodriguez d/b/a La Gaviota Nite
Club--Appeal from 189th District Court of Harris County  (Hon. William R. Burke, Jr.)

Rerich v. Lowe's Home Center, Inc. (Tex.App.- Houston [1st Dist.] May 10, 2007)(Radack)
(defamation, false imprisonment)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Jennings and Bland
01-05-01165-CV Terry Rerich v. Lowe's Home Center, Inc.
Appeal from 149th District Court of Brazoria County (Judge Robert E. May)

Rotating Services Industries Inc. v. Harris (Tex.App.- Houston - Houston [1st Dist.] Apr. 26, 2007)(Radack)
[
insurance law, dispute over life insurance proceeds, change in beneficiary designation)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Jennings and Bland
01-05-00874-CV        Rotating Services Industries, Inc. v. Sue Harris d/b/a The Harris Agency and
Nationwide Life Insurance Company
Appeal from 133rd District Court of Harris County (
Hon. Lamar McCorkle)

Grace v. Titanum Electrode Products, Inc. (Tex.App.- Houston [1st dist.] Apr. 5, 2007)(Radack)
(conditions precedent, shareholder status, traditional MSJ, burden)

GCC Constructors v. American Horizon Concrete (Tex.App.- Houston [1st Dist.] Mar. 29,
2007)(Radack)(commercial construction dispute commercial)

Everardo Vallejo v. David S. Meza (Tex.App.- Houston [1st. Dist.] Mar. 22, 2007)(Radack)(eviction appeal)

Haden v. Haden & Co. (Tex.App.- Houston [1st Dist.] Mar 8, 2007)(Chief Justice Radack)
Justice Alcala wrote separately in Haden v. Haden & Co (Tex.App.- Houston [1st Dist.] Mar 8,
2007)(Separate opinion by Justice Alcala)

Nowzradan v. Nowzaradan (Tex.App.- Houston [1st Dist.] Feb. 8, 2007)(Radack)
(
divorce, property division)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
(Before Chief Justice Radack, Justices Jennings and Bland)
01-05-00094-CV        Younan Nowzaradan v. Delores Nowzaradan
Appeal from 311th District Court of Harris County
Trial Court
Judge: Hon. Doug Warne

Doe v. DFPS (Tex.App.- Houston [1st Dist.] Jan. 16, 2007)(Radack)(CPS termination)
[
termination of parental rights, ineffective assistance of counsel]
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Alcala and Bland
01-05-00987-CV        Jane Doe v. Department of Family and Protective Services
Appeal from 300th District Court of Brazoria County (Hon. K. Randal Hufstetler)

Grace v. Titanum Electrode Products, Inc. (Tex.App.- Houston [1st dist.] Apr. 5, 2007)(Radack)
(conditions precedent, shareholder status, traditional MSJ, burden)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Chief
Justice Radack
(Before Chief Justice Radack, Justices Jennings and Bland)
01-05-00966-CV Lawrie Grace v. Titanum Electrode Products, Inc.
Appeal from 400th District Court of Ft. Bend County

GCC Constructors v. American Horizon Concrete (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Radack)
[
construction law, construction subcontractor, breach of contract, BoC, abandonment]
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
(Before Chief Justice Radack, Justices Jennings and Bland)
01-04-00817-CV GCC Constructors, Inc., a Texas Corporation v. American Horizon Concrete, Inc., a Texas
Corporation--Appeal from Co Civil Ct at Law No 2 of Harris County (
Hon. Gary Michael Block)

Nowzradan v. Nowzaradan (Tex.App.- Houston [1st Dist.] Feb. 8, 2007)(Radack)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
(Before Chief Justice Radack, Justices Jennings and Bland)
01-05-00094-CV        Younan Nowzaradan v. Delores Nowzaradan
Appeal from 311th District Court of Harris County

Trujillo v. The State of Texas (Tex.App.- Houston [1st Dist.] Feb. 1, 2007)(Radack)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
(Before Chief Justice Radack, Justices Alcala and Bland)
01-05-00455-CR        Domingo Trujillo v. The State of Texas--Appeal from 208th District Court of Harris
County

Garza v. The State of Texas (Tex.App.- Houston [1st Dist.] Feb. 1, 2007)(Radack)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
(Before Chief Justice Radack, Justices Alcala and Bland)
01-05-00921-CR        Arnulfo Garcia a/k/a Arnulfo Garza v. The State of Texas--Appeal from 337th District
Court of Harris County

Doe v. DFPS (Tex.App.- Houston [1st Dist.] Jan. 16, 2007)(Radack)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
(Before Chief Justice Radack, Justices Alcala and Bland)
01-05-00987-CV        Jane Doe v. Department of Family and Protective Services
Appeal from 300th District Court of Brazoria County

Sherman v. State of Texas (Tex.App.- Houston [1st Dist.] Jan. 9, 2007)(Radack)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
(Before Chief Justice Radack, Justices Alcala and Bland)
01-06-00466-CR        Travis Lee Sherman v. The State of Texas--Appeal from 262nd District Court of
Harris County