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

Chief Justice Sherry Radack
Justice Tim Taft (resigned 2009)
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 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. Radack is a Republican.
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
2009 Opinions by Houston Appeals Court Justice
Sherry Radack, Chief Justice of the First Court of Appeals

2009 Opinions by Chief Justice Sherry Radack in Civil Cases
Also see --> 2010 Civil Appellate Opinions by Chief Radack

Demby v. Rivers (pdf)(Tex.App.- Houston [1st Dist.] Dec. 3, 2009)(Radack)
(jury's verdict awarding appellee damages for
personal injuries he sustained as a result of the collision.
evidence is legally and factually sufficient to support the damage award as to loss of physical capacity)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack  
Before Chief Justice Radack, Justices Bland and Massengale    
01-08-00965-CV  Yanetta Demby v. Lamachus Rivers    
Appeal from
125th District Court of Harris County  

In re Houston Auto M. Importers North, Ltd. (pdf) (Tex.App.- Houston [1st Dist.] Dec. 3, 2009)(Radack)  
(
Mandamus granted re: order denying motion to compel arbitration)
GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Chief Justice Radack  
Before Chief Justice Radack, Justices Bland and Massengale    
01-09-00625-CV        In re Houston Auto M. Importers North, LTD. D/B/A Mercedes-Benz of Houston North   
 Appeal from 133rd District Court of Harris County
Trial Court Judge:
Jaclanel M. McFarland

Hines v. DFPS (Tex.App.- Houston [1st Dist.] Dec. 3, 2009)(Radack)
(
termination of parental rights affirmed)     
AFFIRM TC JUDGMENT: Opinion by
Chief Justice Radack  
Before Chief Justice Radack, Justices Bland and Massengale    
01-08-00045-CV        Larry Wayne Hines v. Department of Family and Protective Services    
Appeal from 314th District Court of Harris County

Benavente v. Granger (Tex.App.- Houston [1st Dist.] Oct. 23, 2009)(Radack)
(
rear-end automobile collision, negligence not established, take-nothing judgment affirmed)
AFFIRM TC JUDGMENT: Opinion by
Chief Justice Radack  
Before Chief Justice Radack, Justices Taft and Sharp
01-08-00227-CV Maricella Benavente v. Daniel Granger and Beverly Granger
Appeal from 333rd District Court of Harris County
Trial Court Judge:
Hon. Joseph Halbach
Dissenting Opinion by Justice Sharp in Benavente v. Granger (would find negligence)   

Resurgence Financial, LLC v. Lawrence (Tex.App.- Houston [1st Dist.] Oct. 8, 2009)(Radack)
(
credit card debt suit not properly brought as sworn account suit under Rule 185, damages not proven)
AFFIRM TC JUDGMENT: Opinion by
Chief Justice Radack   
Before Chief Justice Radack, Justices Bland and Massengale
01-08-00341-CV  Resurgence Financial, L.L.C. v. James T. Lawrence   
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court Judge:
Hon. Jacqueline Lucci Smith

Royalton Condominium, LP v. Albright (Tex.App.- Houston [1st Dist.] Oct. 8, 2009)(Radack)
(
pending interlocutory appeal mooted by nonsuit in the trial court)
DISMISS APPEAL: Opinion by
Chief Justice Radack   
Before Chief Justice Radack, Justices Bland and Massengale
01-09-00139-CV Royalton Condominiums, L.P. and The Royalton Management, Inc. v. Gerry Albright,
Vivian Leong, Ronald Gensburg, Hal Kuntz,
Annette Kuntz, Lucky Chopra and Alvin Thomas   
Appeal from 61st District Court of Harris County
Trial Court Judge:
Hon. Al Bennett

Resurgence Financial, LLC v. Lawrence (Tex.App.- Houston [1st Dist.] Oct. 8, 2009)(Radack)
(
credit card debt suit not properly brought as sworn account suit under Rule 185, damages not proven)
AFFIRM TC JUDGMENT: Opinion by
Chief Justice Radack   
Before Chief Justice Radack, Justices Bland and Massengale
01-08-00341-CV  Resurgence Financial, L.L.C. v. James T. Lawrence   
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court Judge:
Hon. Jacqueline Lucci Smith

Nicholson v. Shinn, MD (Tex.App.- Houston [1st Dist.] Oct. 1, 2009) (HCLC, limitations and accrual of claim,
timeliness of notice of claim and filing of suit,
motion for continuance of summary judgment hearing for
additional discovery, adequate time for discovery)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack   
Before Chief Justice Radack, Justices Alcala and Hanks   
01-07-00973-CV  Litzi Nicholson v. Mary Shinn, MD   
Appeal from 133rd District Court of Harris County
Trial Court
Judge: Hon. Lamar McCorkle  

Mann v. DFPS  (Tex.App.- Houston [1st Dist.] Sep. 17, 2009)(Radack)
(
termination of parental rights reversed, conservatorship decision affirmed)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER JUDGMENT:
Opinion by
Chief Justice Radack    
Before Chief Justice Radack, Justices Taft and Sharp  
01-08-01004-CV  Stephanie Mann v. Department of Family and Protective Services   
Appeal from 314th District Court of Harris County
Trial Court Judge: Hon. John Phillips

Kurtzemann v. TDPS (Tex.App.- Houston [1st Dist.] Aug. 6, 2009)(Radack)
(attempted challenge to driver's license suspension; failure to pursue and
exhaust administrative remedies
dooms judicial review suit)  
AFFIRM TC JUDGMENT: Opinion by
Chief Justice Radack  
Before Chief Justice Radack, Justices Taft and Sharp
01-08-00543-CV  David Kurtzemann v. Texas Department of Public Safety   
Appeal from County Civil Ct at Law No 1 of Harris County
Trial Court Judge:
Hon. R. Jack Cagle

D & KW Family, LP v. Bidinger (Tex.App.- Houston [1st Dist.] Jun. 11, 2009) (Radack)
(property access dispute,
easement by necessity, trespass)
AFFIRM TC JUDGMENT:   
Before Chief Justice Radack, Justices Alcala and Hanks. Opinion by
Chief Justice Sherry Radack
01-08-00260-CV D & KW Family, L.P. v. Kimberly Kay Bidinger and Alfredo Arturo Ballestas
Appeal from 190th District Court of Harris County
Trial Court Judge:
Hon. Jennifer Walker Elrod  

Briggs Equipment Trust v. HCAD (Tex.App.- Houston [1st Dist.] Jun. 4, 2009)(Radack)
(
property tax litigation, valuation of equipment for property tax purposes, subsequent sales)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack  
Before Chief Justice Radack, Justices Alcala and Higley
01-08-00190-CV Briggs Equipment Trust v. Harris County Appraisal District
Appeal from 280th District Court of Harris County

American National Ins v. Deutsche Bank (Tex.App.- Houston [1st Dist.] Jun. 4, 2009)(Radack)
(summary judgment appeals appellate procedure, need to challenge all bases for summary judgment)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack  
01-08-00791-CV American National Insurance, American National Investment Accounts, Inc., SM&R
Investments, Inc., American National Property and Casualty Company, Standard Life and Accident
Insurance Company, Farm Family Life Insurance Company, Farm Family Casualty Ins., v. Deutsche Bank
Securites, Inc. fka Deutsche Banc Alex. Braown Inc., and Deutsche Banc Alex. Brown
Appeal from 133rd District Court of Harris County
Trial Court
Judge: Hon. Lamar McCorkle  

City of Houston v. Noonan (Tex.App.- Houston [1st Dist.] May 21, 2009)(Radack)
(
ripeness doctrine, denial of the City's plea to the jurisdiction affirmed, regulatory taking eminent domain)
AFFIRM TC JUDGMENT: Opinion by
Chief Justice Radack  
Before Chief Justice Radack, Justices Taft and Sharp
01-08-01030-CV City of Houston v. Harold Dean Noonan, II
Appeal from County Civil Court at Law No 3 of Harris County
Trial Court Judge:
Hon. Linda Storey

Haden v. Sacks (Tex.App.- Houston [1st Dist.] May 7, 2009)(Radack)(on remand)(attorney's fees)
AFFIRM TC JUDGMENT: Opinion by
Chief Justice Radack   
Before Chief Justice Radack, Justices Nuchia and Higley  
01-01-00200-CV
Haden, Charles M., Jr., Individually and Charles McIntyre Haden, Jr. & Co. d/b/a Haden & Company v. David
J. Sacks, P.C. d/b/a Sacks & Associates  
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court
Judge: GARY MICHAEL BLOCK

Haden v. Sacks, PC (Tex.App.- Houston [1st Dist.] May 7, 2009)(Radack)(on remand)
(
attorneys fees for obtaining turnover order in suit to collect fee from client, enforcement of unsuperseded
judgment)
AFFIRM TC JUDGMENT: Opinion by
Chief Justice Radack    
Before Chief Justice Radack, Justices Nuchia and Higley  
01-03-00025-CV
Charles Haden, Jr., Individually, and Charles McIntyre Hayden, Jr. & Company d/b/a Haden & Company v.
David J. Sacks, P.C. d/b/a Sacks & Associates  
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court Judge:
Hon. Gary Michael Block

Okorafor v. Uncle Sam & Associates, Inc. (Tex.App.- Houston [1st Dist.] Apr. 23, 2009)(Radack)
(
arbitration not compelled, waiver issue raised), preemption issue FAA vs. state TGAA)
AFFIRM TRIAL COURT JUDGMENT: Opinion by Chief Justice Radack     
Before Chief Justice Radack, Justices Nuchia and Higley   
01-07-00908-CV   Elizabeth Okorafor v. Uncle Sam & Associates, Inc.   
Appeal from 400th District Court of Ft. Bend County
Trial Court Judge:  Hon Clifford J. Vacek

Harford Fire Ins. Co. v. C. Springs (Tex.App.- Houston [1st Dist.] Apr. 16, 2009)(Radack)
(
construction law, bondability, statute of fraud, suretyship, sufficiency of the pleadings)
REVERSE TRIAL COURT 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  

Amegy Bank N.A. v. Southern Crushed Concrete, Inc. (Tex.App.- Houston [1st Dist.] Apr. 9, 2009)(Radack)
(
garnishment proceeding, violation of writ of garnishment, cross-motions for summary judgment)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack  
Before Chief Justice Radack, Justices Jennings and Bland
01-07-00359-CV Amegy Bank National Association f/k/a Southwest Bank of Texas, N.A. v. Southern
Crushed Concrete, Inc.
Appeal from 80th District Court of Harris County
Trial Court
Judge: Hon. Lynn Bradshaw-Hull  

Cooke Co. v. First Bank & Trust (Tex.App.- Houston [1st Dist.] Apr. 9, 2009)(Radack)
(
affirmative defense of accord and satisfaction fails, full-satisfaction check, restrictive endorsement
not effective)
AFFIRM TC JUDGMENT: Opinion by Chief
Justice Radack  
Before Chief Justice Radack, Justices Nuchia and Higley
01-07-01000-CV Milton M. Cooke Co. and Milton M. Cooke, Jr. v. First Bank & Trust
Appeal from 164th District Court of Harris County
Trial Court
Judge: Hon. Martha Hill Jamison  

Figueroa v. Davis (Tex.App.- Houston [1st Dist.] Apr. 2, 2009)(Radack)
(untimley
motion for new trial, notice of appeal, dismissal for lack of jurisdiction, DWOJ)
DISMISS APPEAL: Opinion by Chief Justice Radack   
Before Chief Justice Radack, Justices Alcala and Hanks
01-07-01109-CV  Maria C. Figueroa v. Edgar Davis  
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court
Judge: Hon. Jacqueline Lucci Smith

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 Sherry 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  

In re Stanford Dev. Corp. (Tex.App.- Houston [1st Dist.] Jan. 29, 2009)(Radack)
(
arbitration agreement, nonsignatory to arbitration agreement contract provision)
DENY PETITION FOR WRIT OF MANDAMUS: Opinion by
Chief Justice Radack  
Before Chief Justice Radack, Justices Nuchia and Higley
01-08-00386-CV In re Stanford Development Corporation
Appeal from 333rd District Court of Harris County
Trial Court
Judge: Hon. Joseph J. Halbach, Jr.

Also see --> 2010 Opinions by Chief Justice Radack in Civil Cases
2008 Opinions by Chief Justice Radack in Civil Cases
2007 Civil Case Opinions Authored by Chief Justice Sherry Radack
Future Seat of the Houston Court of Appeals Old Harris County Civil Courthouse
HOUSTON JUSTICES
1st and 14th Court of Appeals
Links to 2009 Opinions

Justice Alcala, Elsa
Justice Anderson, John
Justice Bland, Jane
Justice Brown, Jeff
Justice Boyce, William (Bill)  
Justice Christopher, Tracy (2010)
Justice Edelman, Richard (2008)
Justice Fowler, Wanda (2008)
Justice Frost, Kem Thompson
Justice Guzman, Eva
Justice Hanks, George C., Jr.
Chief Justice Hedges, Adele
Justice Higley, Laura Carter
Justice Hudson, Harvey J.
Justice Jennings, Terry
Justice Keyes, Evelyn
Justice Massengale, Michael
Justice Nuchia, Sam
Chief Justice Radack, Sherry
Justice Seymore, Charles
Justice Sharp, Jim
Justice Sullivan, Kent
Justice Taft,Timothy (Tim)
Justice Yates, Leslie Brock

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