Opinions by Other Houston Justices Fourteenth Court of Appeals Chief Justice Adele Hedges Justice John Anderson Justice Richard Edelman Justice Wanda Fowler Justice Eva M. Guzman Justice J. Harvey Hudson Justice Charles W. Seymore Justice Kem Thompson Frost Justice Leslie Brock Yates First Court of Appeals 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 |
2007 Opinions Authored by the Honorable Charles Seymore in Civil Appeals (Tex.App.- Houston [14th Dist.] 2008) Also see --> 2008 Civil Opinions | 2009 Civil Appellate Opinions by Justice Seymore Worker's Compensation Douglas v. Moody Gardens, Inc. (Tex.App.- Houston [14th Dist.] Dec. 20, 2007)(Seymore) (PI workers comp, course and scope of employment, estoppel) AFFIRMED: Opinion by Justice Seymore Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00016-CV Linda Douglas v. Moody Gardens, Inc. and Transcontinental Insurance Company Appeal from County Court No. 3 of Galveston County (Hon. Roy M. Quintanilla) Arbitration In Re Weeks Marine, Inc. (Tex.App.- Houston [14th Dist.] Dec. 19, 2007)(Seymore)(arbitration) GRANTED IN PART AND DENIED IN PART: Opinion by Justice Seymore Before Justices Brock Yates, Frost and Seymore 14-07-00501-CV In Re: Weeks Marine, Inc. Appeal from 215th District Court of Harris County (Hon. Levi James Benton) Small Business Litigation | Contract Law Loredana Enterprises, Inc. v. Rewards Network Services, Inc. (Tex.App.- Houston [14th Dist.] Dec. 18, 2007)(Seymore)(biz litigation, breach of contract, BoC, personal guaranty, joint and several liability, admission of evidence, business records) AFFIRMED: Opinion by Justice Seymore Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00118-CV Loredana Enterprise, Inc., d/b/a Babbo Bruno and Stefano Bertolotti v. Rewards Network Services, Inc., f/k/a Idine Restaurant Group, Inc. Appeal from 280th District Court of Harris County (Hon. Tony Lindsay) Employment Law Costello v. Bank of America (Tex.App.- Houston [14th Dist.] Dec. 11, 2007)(Seymore) (employment law discharge, summary judgment, summary judgment for employer affirmed, worker's comp. retaliation) AFFIRMED: Opinion by Justice Seymore Before Justices Anderson, Fowler and Seymore 14-06-00195-CV Mitzie Costello v. Bank of America, N.A. Appeal from 129th District Court of Harris County (Hon. Grant Dorfman) Consumer Suits The Landing Council of Co-Owners v. Durham (Tex.App.- Houston [14th Dist.] Nov. 20, 2007)(Seymore)(DTPA, jury, exemplary damages award deleted) AFFIRMED AS MODIFIED: Opinion by Justice Seymore Before Justices Frost, Seymore and Guzman 14-06-00417-CV The Landing Council of Co-Owners v. James B. Durham and Mary Lou Durham Appeal from Co Civil Ct at Law No 2 of Harris County (Judge Gary Michael Block) Health Care Liability Patel v. Williams (Tex.App.- Houston [14th Dist.] Nov. 6, 2007)(Seymore)(HCLC, medical malpractice, sufficiency of expert report) AFFIRMED: Opinion by Justice Seymore Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00328-CV Anil B. Patel, M.D. v. George H. Williams, On Behalf of the Estate of Frances M. Mitchell and on behalf of All Wrongful Death Beneficiaries Appeal from 240th District Court of Fort Bend County (Hon. Thomas Ralph Culver) Construction Law Design Electric v. Cadence McShane Corp. (Tex.App.- Houston [14th Dist.] Oct. 30, 207)(Seymore)(construction contract, clean unclean hands) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Seymore Before Justices Brock Yates, Edelman and Seymore 14-06-00703-CV Design Electric v. Cadence McShane Corporation Appeal from 281st District Court of Harris County (Hon. David Jorge Bernal) Beatty v. Holmes (Tex.App.- Houston [14th Dist.] Aug. 14, 2007)(Seymore) (probate law, right to survivorship, securities) ---> See subsequent Tex. Sup. Ct. Decision AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Seymore (Before Justices Hudson, Fowler and Seymore) 14-03-00663-CV Douglas G. Beatty, individually and Independent Executor of the Estate of Kathyrn V. Holmes, Deceased v. Harry Holmes, II,Individually and Independent Executor of the Estate of Thomas J. Holmes, Sr., Deceased and as Trustee of Any Trust Named as a Legatee in the Will of Thomas J. Holmes, Sr., Deceased--Appeal from Probate Court No 1 of Harris County Separate Opinions by Justice Seymore (Dissents and Concurrences) Justice Seymore Writes Concurring Opinion in Asbestos Case Exxon Mobil Corp. v. Altimore (Tex.App. - Houston [14th Dist.] Apr. 19, 2007)(Anderson)(substitute opinion on second motion for rehearing, asbestos liability, no duty owed, appeals courts reversed judgment for plaintiff on jury verdict) REVERSED AND RENDERED: Opinion by Justice Anderson Before Justices Anderson, Edelman and Seymore 14-04-01133-CV Exxon Mobil Corporation v. Louise Altimore Appeal from 405TH District Court of Galveston County Justice Seymore wrote a concurring opinion in Exxon v. Altimore ("I acknowledge that foreseeability of the risk of harm is the foremost and dominant factor to be considered in determining existence of a legal duty. However, I disagree with the majority's emphasis and disposition based on lack of foreseeability of the risk of harm to Mrs. Altimore. . . . Because of offsets and credits resulting from settlements prior to trial, the judgment and award which is the subject of this appeal is limited to punitive damages. Consequently, I would focus appellate review on appellant's issues pertaining to exemplary damages. After reviewing the record, prerequisite to determining legal sufficiency of the evidence, I would hold that the evidence is legally insufficient to support punitive damages. For the reasons stated above, I concur with the majority's decision to reverse the judgment of the trial court and render judgment that Mrs. Altimore take nothing.") In Re Citizens Supporting Metro Solutions, Inc. (Tex.App.- Houston [14th Dist,] Oct. 18, 2007)(Seymore) (substitute opinion)(discovery dispute in suit involving elections and local politics) MOTION OR WRIT DENIED: Opinion by Justice Seymore Before Justices Frost, Seymore and Guzman 14-07-00190-CV In Re: Citizens Supporting Metro Solutions, Inc Appeal from 234th District Court of Harris County (Hon. Reese Rondon) Thomas v. Thomas (Tex.App.- Houston [14th Dist.] Aug. 23, 2007)(Seymore)(bill of review denied, divorce, nonmarital child; husband had other available remedy) AFFIRMED: Opinion by Justice Seymore Before Justices Frost, Seymore and Guzman 14-06-00069-CV William Robert Thomas v. Patricia Russell Thomas Appeal from 245th District Court of Harris County (Judge G. Annette Galik) Lone Star Heating Treating Co., Ltd. v. Liberty Mutual Fire Ins. Co. (Tex.App.- Houston [14th Dist.] Aug. 23, 2007)(Seymore)(insurance law, coverage dispute, exclusion, BoC, attorney's fees) REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by Justice Seymore Before Chief Justice Hedges, Justices Brock Yates and Seymore 14-06-00028-CV Lone Star Heating Treating Co., LTD v. Liberty Mutual Fire Insurance Company Appeal from 165th District Court of Harris County (Hon. Elizabeth Ray) Tx Dep't of Public Safety v. Grisham (Tex.App.- Houston [14th Dist.] Aug. 16, 2007)(Seymore) (TTCA, sovereign immunity, plea to the jurisdiction) REVERSED AND RENDERED: Opinion by Justice Seymore Before Justices Frost, Seymore and Guzman 14-06-01053-CV Texas Department of Public Safety v. Robert E. Grisham, Individually and as next of friend of Robert T. Grisham Appeal from 25th District Court of Colorado County (Hon. Dwight E. Peschel) Holmes v. Holmes (Tex. App. Houston [14th Dist.] Aug. 14, 2007)(Seymore) (probate law, spouses, right to survivorship) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Seymore Before Justices Hudson, Fowler and Seymore 14-05-00474-CV Harry Holmes, individually and as Independent Executor of the Estate of Thomas J. Holmes, Deceased, and as Trustee of any trust named as a legatee in the will of Thomas J. Holmes, SR., Deceased v. Douglas G. Beatty, individually and as Independent Executor of the Estate of Kathryn V. Holmes, Deceased--Appeal from Probate Court No 1 of Harris County Maxwell v. Siefert (Tex.App.- Houston [14th Dist.] Sep. 18, 2007)(Seymore) (HCLC, medical malpractice, expert report) AFFIRMED: Opinion by Justice Seymore Before Justices Brock Yates, Edelman and Seymore 14-06-00902-CV Alista Maxwell v. Heidi Jane Siefert Appeal from 270th District Court of Harris County (Hon. Brent Gamble) Maguire Oil Company et al v. The City of Houston (Tex.App. - Houston [14th Dist.] Jul. 24, 2007)(Seymore)(plea juris, ripeness, condemnation eminent domain, takings claim) Opinion by Justice Seymore Before Chief Justice Hedges, Justices Seymore and Guzman 14-05-01272-CV Maguire Oil Company Et Al v. The City of Houston Appeal from Co Civil Ct at Law No 4 of Harris County (Judge Roberta Anne Lloyd) - Reversed and Remanded Approx. $1,589.00 v. State (Tex.App.- Houston [14th Dist.] Jul. 19, 2007)(Seymore)(forfeiture) REVERSED AND REMANDED: Opinion by Justice Seymore Before Justices Frost, Seymore and Guzman 14-06-00006-CV Approximately $1,589.00 v. State of Texas Appeal from 157th District Court of Harris County In Re Citizens Supporting Metro Solutions, Inc. (Tex.App.- Houston [14th Dist.] Jul. 10, 2007)(Seymore)(discovery mandamus denied) MOTION OR WRIT DENIED: Opinion by Justice Seymore Before Justices Frost, Seymore and Guzman 14-07-00190-CV In Re: Citizens Supporting Metro Solutions, Inc Appeal from 234th District Court of Harris County (Judge Reese Rondon) Vazquez v. Maria Vazquez (Tex.App.- Houston [14th Dist.] May 19, 2007)(Seymore)(default divorce decree, restricted appeal) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Seymore Before Justices Frost, Seymore and Guzman 14-05-01257-CV Amadeo Vazquez v. Maria Vazquez Appeal from 300th District Court of Brazoria County (Judge K. Randall Hufstetler) Cerbone v. Farb (Tex.App.- Houston [1st Dist.] May 8, 2007)(Seymore)(special appearance) REVERSED AND RENDERED: Opinion by Justice Seymore Before Justices Brock Yates, Seymore and Guzman 14-06-00666-CV Joseph A. Cerbone v. Carolyn Farb Appeal from 165th District Court of Harris County (Judge Elizabeth Ray) Okonkwo v. Washington Mutual Bank (Tex.App.- Houston [14th Dist.] Mar. 15, 2007)(Justice Seymore) (unauthorized bank account transactions, forgery claim) AFFIRMED: Opinion by Justice Seymore Before Chief Justice Hedges, Justices Brock Yates and Seymore 14-05-00925-CV Bartholomew C. Okonkwo v. Washington Mutual Bank, FA, Et Al Appeal from 127th District Court of Harris County Trial Court Judge: SHAROLYN P. WOOD In the Interest of HRM (Tex.App.- Houston [14th Dist.] Mar. 8, 2007)(Justice Seymore) [family law, termination of parental rights, case on remand from Supreme Court, parent's criminal conviction] CDI Engineering Group v. Administrative Exchange (Tex.App.- Houston [14th Dist.] Mar. 8, 2007)(Justice Seymore) Weinberger v. Longer (Tex.App.- Houston [14th Dist.] Mar. 8, 2007)(Justice Seymore) (construction contract, fraud, exemplary damages, sanctions) AFFIRMED: Opinion by Justice Seymore Before Justices Hudson, Fowler and Seymore 14-05-01285-CV Sid Weinberger v. Larry G. Longer Appeal from County Court at Law No 1 of Galveston County Trial Court Judge: MARY NELL CRAPITTO City of Mont Belvieu v. Enterprise Products Operating LP (Tex.App.- Houston [14th Dist.] Feb. 27, 2007)(opinion by Justice Seymore)[land use dispute, plea to the jurisdiction, preemption] CoTemp, Inc. v. Houston West Corp (Tex.App.- Houston [14th Dist.] Feb. 13, 2007)(Justice Seymore) [negligent retention claim] Justice Frost Concurred in CoTemp, Inc. v. Houston West Corp (Tex.App.- Houston [14th Dist.] Feb. 13, 2007)(concurrence by Justice Frost) Workers Compensation Act: Borrowed employee falls under exclusive remedy rule; common law causes of action barred Mosqueda v. G&H Diversified MFG (Tex.App.- Houston [14th Dist.] Jan. 31, 2007, pet. denied) (Justice Seymore) [workplace injury PI, borrowed employees, workers compensation act, exclusive remedy, alter ego, joint business enterprise) In this case, G & H is entitled to the exclusive remedy defense. Because Mosqueda was the borrowed employee of G & H, she cannot maintain her common law claims against G & H. Therefore, even if we concluded that the summary judgment should not have been granted, there is no basis for recovery against the Kash defendants. See Aluminum Chemicals (Bolivia), Inc. v. Bechtel Corp., 28 S.W.3d 64, 68 (Tex. App.-Texarkana 2000, no pet.) (stating that, if there is no finding of liability against subsidiary, plaintiff cannot recover against the parent under single business enterprise, joint enterprise, or alter ego theories). Because there can be no derivative recovery against the Kash defendants, and Mosqueda failed to obtain favorable jury findings directly against the Kash defendants, we overrule Mosqueda's seventh issue. Having overruled all of Mosqueda's issues, we affirm the trial court's judgment. Justice Seymore wrote a second concurring opinion in Mosqueda v. G&H Diversified MFG (Tex.App.- Houston [14th Dist.] Jan. 31, 2007)(concurring opinion by Justice Seymore) Considering the non-delegable duties assigned to employers and the fact that worker's compensation insurance is not mandatory in Texas, our courts should proceed with caution in defining the circumstances under which putative employers might be allowed to execute agreements shifting or attempting to circumvent financial responsibility. Justice Edelman dissented in Mosqueda v. G&H Diversified MFG (Tex.App.- Houston [14th Dist.] Jan. 31, 2007)(dissenting opinion by Edelman) Because the charge submitted to the jury and the evidence presented at trial authorized the jury to render a verdict that Mosqueda was not a borrowed employee, G & H was not entitled to a JNOV on that issue. Therefore, I would reverse the JNOV and render judgment in accordance with the jury's verdict. In the Interest of L.M. (Tex.App.- Houston [14th Dist.] Jan. 30, 2007)(Seymore) [civil commitment of adult, mental health, psychoactive medication] AFFIRMED: Opinion by Justice Seymore (Before Chief Justice Hedges, Justices Brock Yates and Seymore) 14-06-00709-CV In the Interest L.M.--Appeal from Probate Court of Galveston County 14-06-00710-CV In the Interest of L.M.-- Appeal from Probate Court of Galveston County (Judge Gladys Burwell) Warwick Towers Council of Co-Owners v. Sydow (Tex.App.- Houston [14th Dist.] Jan. 11, 2007)(dissenting opinion by Seymore) Warwick Towers Council of Co-Owners v. Sydow (Tex.App.- Houston [14th Dist.] Jan. 11, 2007, pet granted)(Edelman) NOTE: This case went to the Texas Supreme Court Subsequent Texas Supreme Court opinion: Warwick Towers Council of Co-Owners v. Park Warwick LP, No. 07-0384 (Tex. Jan 25, 2008)(per curiam) (insurance law, sufficiency, effectiveness of notice of appeal in insured's name)(reversing court of appeals) Tello v. Bank One, NA (Tex.App.- Houston [14th Dist.] Jan. 9, 2007, no. pet. )(Seymore)(auto lease, DTPA) (vehicle lease, breach of contract, fraud, DTP) AFFIRMED: Opinion by Justice Seymore (Before Justices Hudson, Frost and Seymore) 14-04-00888-CV Pablo Tello v. Bank One, N.A.: Banc One Texas Leasing Corp Appeal from Co Civil Ct at Law No 2 of Harris County (Judge Gary Michael Block) Dissenting Opinion by Justice Frost In the Interest of H.R.M. (Tex.App.- Houston [14th Dist.] Mar. 8, 2007)(Justice Seymore) This case is on remand from the Texas Supreme Court for consideration of a single issue. The issue is whether the evidence is factually sufficient to support the jury's finding that the parental rights of William Keith M. ["Keith"] to his biological daughter, H.R.M., should be terminated under Texas Family Code Section 161.001(1)(Q), which provides "parental rights may be terminated if the parent has "knowingly engaged in criminal conduct that has resulted in the parent's: (i) conviction of an offense; and (ii) confinement or imprisonment and inability to care for the child for not less than two years from the date of filing the petition."See In re H.R.M., 209 S.W.3d 105, 107 (Tex. 2006) (per curiam) (quoting Tex. Fam. Code Ann. Section 161.001(1)(Q)) Also see --> 2008 | 2009 Opinions by Justice Seymore in Civil Appeals |
| Appellate Opinions by Justice Charles Seymore (Tex.App.- Houston [14th Dist.] 2007) Houston Opinions |