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
HOUSTON JUSTICES
1st and 14th Court of Appeals

Justice Alcala, Elsa
Justice Anderson, John
Justice Bland, Jane
Justice Brown, Jeff
Justice Boyce, William (Bill)  
Justice Edelman, Richard (former)
Justice Fowler, Wanda (former)
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 Nuchia, Sam (former)
Chief Justice Radack, Sherry
Justice Seymore, Charles
Justice Sharp, John
Justice Sullivan, Kent
Justice Taft, Timothy (Tim)(former)
Justice Yates, Leslie Brock

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Appellate Opinions by Justice Charles Seymore
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