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 |
| 2008 Civil Case Opinions by Houston Appeals Court Justice Sherry Radack, Chief Justice of the First Court of Appeals |
2008 Opinions by Chief Justice Radack in Civil Cases ---> See more recent opinions written by Chief Radack Crowden v. DFPS (Tex.App.- Houston [1st Dist.] Jan. 29, 2009)(Radack) (termination of parental rights, jury trial) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00025-CV Michelle Haufrect Crowden v. Department of Family and Protective Services Appeal from 328th District Court of Fort Bend County Trial Court Judge: Hon. Ronald R. Pope Stanford Dev. Corp. v. Stanford Condo Owners Ass'n (Tex.App.- Houston [1st Dist.] Jan 29, 2009)(Radack) (arbitration, non-signatory, condo association's standing to sue on behalf of members, bound by arb agreement)REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00240-CV Stanford Development Corporation v. Stanford Condominium Owners Association Appeal from 333rd District Court of Harris County Trial Court Judge: Hon. Joseph Halbach Fletcher v. DFPS (Tex.App.- Housotn [1st Dist.] Jan. 8, 2009)(Radack) (termination of parental rights) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack (Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00052-CV C.Y. Fletcher v. Department of Family and Protective Services Appeal from 328th District Court of Fort Bend County Trial Court Judge: Hon. Ronald Pope Williams v. Jackson (Tex.App.- Houston [1st Dist.] Nov. 6, 2008)(opinion on rehearing by Radack) (attorney fee litigation, breach not excused) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00850-CV Charlie C. Williams v. Freddie N. Jackson Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Hon. Roberta A. Lloyd Ross v. Nicon Construction, Inc. (Tex.App.- Houston [1st Dist.] Nov. 6, 2008) (interlocutory appeal, special appearance) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00228-CV Thomas A. Ross d/b/a RHI Claims Specialist v. Nicon Construction, Inc. Appeal from 151st District Court of Harris County Trial Court Judge: Hon. Caroline E. Baker Gellien v. Federal Home Loan Mortgage Corp (Tex.App.- Houston [1st Dist.] Oct. 23, 2008)(Radack) (foreclosure, eviction, forcible entry and detainer, FE&D, order of possession appeal) DISMISS APPEAL: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00075-CV Joseph and Adrienne Gallien v. Federal Home Loan Mortgage Corporation Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: Hon. Gary Michael Block Williams v. Jackson (Tex.App.- Houston [1st Dist.] Oct. 9, 2008)(Original, superseded, opinion by Radack) (attorney fee dispute, sworn account suit, no duress, no excuse to payment of attorney's fees per agreement) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00850-CV Charlie C. Williams v. Freddie N. Jackson Appeal from Co Civil Ct at Law No 4 of Harris County Trial Court Judge: Hon. Roberta A. Lloyd Speedemissions, Inc. v. Capital C Enterprises, Ltd (Tex.App.- Houston [1st Dist.] Aug 28, 2008)(Radack) (summary judgment, tortious interference with business relationship, breach of fiduciary duty) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Jennings and Bland 01-07-00400-CV Speedemissions, Inc. v. Capital C Enterprises, Ltd., Capital C Management, L.L.C., and Jason B. Cobb Appeal from 113th District Court of Harris County Trial Court Judge: Hon. Patricia Hancock Randall's Food and Drugs, LP v. Patton (Tex.App.- Houston [1st Dist.] Aug 21,2008)(Radack) (lease law commercial, sublease, duty to mitigate damages, anticipatory repudiation) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Keyes and Higley 01-06-00821-CV Randall's Food and Drugs, L.P. v. Bill Patton d/b/a Linux Professional Group Appeal from Civil County Court at Law No 4 of Harris County Trial Court Judge: Hon. Roberta A. Lloyd CenterPoint Energy Houston Electric LLC V Bluebonnet Drive, Ltd. (Tex.App.- Houston [1st Dist.] July 31, 2008)(Radack) (interpretation of easement, new cell phone technology vs. telephone and telegraph wires in 1929) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Keyes 01-07-00734-CV CenterPoint Energy Houston Electric LLC and SprintCom, Inc. v. Bluebonnet Drive, Ltd., and Petro-Guard Company, Inc. Appeal from 333rd District Court of Harris County Trial Court Judge: Hon. Joseph Halbach In Re Bison Building Materials (Tex.App.- Houston [1st Dist.] June 26, 2008)(Radack) (opinion in pdf) (arbitration mandamus, employment, workplace injury, no waiver of right to arbitrate found) GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Bland 01-07-00003-CV In re Bison Building Materials, Ltd. Appeal from 212th District Court of Galveston County Trial Court Judge: Hon. Susan Elizabeth Criss DISMISS APPEAL: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Bland 01-07-00029-CV Bison Building Materials, Ltd. v. Tracy Sambrano Appeal from 212th District Court of Galveston County TDPS v. Varme (Tex.App.- Houston [1st Dist.] June 19, 2008)(Radack) (drivers' license suspension) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Higley 01-06-00874-CV Texas Department of Public Safety v. Byron Kahrs Varme Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: Hon. Gary Michael Block Supkis v. Madison Place Homeowners Ass'n (Tex.App.- Houston [1st Dist.] June 19, 2008)(Radack) (homeowner's law, rule against perpetuities not violated) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Jennings and Bland 01-07-00573-CV James L. Supkis v. Madison Place Homeowners Association, Inc. Appeal from 133rd District Court of Harris County Trial Court Judge: Hon. Lamar McCorkle Poledore v. Fraley (Tex.App.- Houston [1st Dist.] June 19, 2008)(Radack) (TTCA, prisoner suit against appointed attorney for malpractice, NE-SJ reversed) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Keyes and Hanks 01-07-00583-CV Dennis James Poledore, Jr. v. Frank J. Fraley Appeal from 268th District Court of Fort Bend County Trial Court Judge: Hon. Brady G. Elliott Hartford Fire Ins. Co. v. C. Springs 300, Ltd. (Tex.App.- Houston [1st Dist.] May 29, 2008)(Radack) (construction law, bonding) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Bland 01-06-00065-CV Hartford Fire Insurance Company v. C. Springs 300, Ltd. Appeal from 270th District Court of Harris County Trial Court Judge: Hon. Brent Gamble TDCJ v. Jackson (Tex.App.- Houston [1st Dist.] May 29, 2008)(Radack) (government entities, prisoner suit, defendant prevails with immunity plea on appeal) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Jennings and Bland 01-07-00477-CV Texas Department of Criminal Justice v. Donald C. Jackson Appeal from 412th Judicial District Court of Brazoria County Trial Court Judge: The Honorable W. Edwin Denman Gordon v. Jones (Tex.App.- Houston [1st Dist.] May 29, 2008)(Radack) (real estate law, trespass to try title action, TTTT, multiple appeals) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Jennings and Bland 01-07-00500-CV Ronald X. Gordon v. Mildred Jones Appeal from 268th District Court of Fort Bend County Trial Court Judge: Hon. Brady G. Elliott Adebo v. Litton Loan Servicing, LP (Tex.App. - Houston [1st Dist.] May 29, 2008)(Radack) (real estte law, no wrongful foreclosure) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Keyes and Higley) 01-07-00708-CV Adekunle Adebo v. Litton Loan Servicing, L.P. Appeal from 189th District Court of Harris County Trial Court Judge: Hon. William R. Burke, Jr. The City of Pasadena, Texas v. Kuhn (Tex.App.- Houston [1st Dist.] May 29, 2008) (Keyes) (TTCA, collision with emergency vehicle, immunity claim) (denial of plea to the jurisdiction reversed) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-07-00812-CV The City of Pasadena, Texas v. Roland C. Kuhn Appeal from 80th District Court of Harris County Trial Court Judge: Hon. Lynn Bradshaw-Hull Mbonu v. Office of the Attorney General (Tex.App.- Houston [1st Dist.] May 22, 2008)(Radack) (family law, paternity, retroactive child and medical support, restricted appeal of UIFSA judgment fails) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Jennings and Bland 01-07-00659-CV Chike Rapulueke Mbonu v. Office of the Attorney General Appeal from 328th District Court of Fort Bend County Trial Court Judge: Hon. Ronald R. Pope Attorneys: John Oghenewoke Mukoro | AAGs: Martin J. Grimm Rande K. Herrell, John B. Worley, Michael D. Becker Capital Finance & Commerce AG v. First International Oil (Tex.App.- Houston [1st Dist.] May 22, 2008)(Radack) (foreign defendant, interlocutory appeal of special appearance) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Hanks and Higley 01-06-00822-CV Capital Finance & Commerce AG v. First International Oil Corporation n/k/a First International Oil Co., Ltd; FIOC Holder Representative, L.L.C.; Daniel Idzal; Bill D. Holland; Dennis B. Tower; and Sinopec Overseas Oil & Gas, Ltd.--Appeal from 55th District Court of Harris County Trial Court Judge: The Honorable Jeffrey Vince Brown Blitz Holding Corp. v. Grant Thornton, LLP (Tex.App. - Houston [1st Dist.] May 8, 2008)(Opinion on rehearing by Radack) (investments, debt restructuring, promissory note, foreclosure, proof of damages) (Justice Alcala recused) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justice Jennings 01-04-00627-CV Blitz Holdings Corp., and GMC Corporation, Ltd v. Grant Thornton, LLP, Deloitte & Touche, LLP, Chamberlain, Hrdlicka, White, Williams & Martin, LLP and C. Thomas Scott Appeal from 208th District Court of Harris County, according to docket (should be 280th District, though) Trial Court Judge: Hon. Tony Lindsay Mann v. HCAD (Tex. App. - Houston [1st Dist.] Apr. 17, 2008)(Radack) (tax appeal, unequally and excessively appraised, SJ for taxing authorities affirmed, no due process violation) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Jennings and Bland 01-07-00436-CV Paul M. Mann and Carolyn S. Mann v. Harris County Appraisal District and the Appraisal Review Board of Harris County Appraisal District Appeal from 280th District Court of Harris County Trial Court Judge: Hon. Tony Lindsay Koll Bren Fund VI LP v. HCAD (Tex.App.- Houston [1st Dist.] Feb. 28, 2008) (Radack) (property tax protest, tax appeal, judicial review, standing, exhaustion of administrative remedies) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Jennings and Bland 01-07-00321-CV Koll Bren Fund VI LP and Hartman 3100 Weslayan Acquisitions, LP v. Harris County Appraisal District and The Appraisal Review Board of Harris County Appraisal District Appeal from 113th District Court of Harris County (Judge Hon. Patricia Hancock) Also see --> 2007 Opinions Authored by Justice Radack 2009 Opinions Written by Justice Sherry Radack |