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 |
2008 Opinions Authored by the Honorable Charles Seymore in Civil Appeals (Tex.App.- Houston [14th Dist.] 2008) Also see --> 2007 Civil Appellate Opinions by Justice Seymore | 2009 Opinions RSM Production Corporation v. Vintage Petroleum, Inc. (Tex.App.- Houston [14th Dist.] Oct. 23, 2008)(Seymore) (contract formation, enforceability, effect of missing signature of third party) REVERSED AND REMANDED: Opinion by Justice Seymore Before Justices Brock Yates, Seymore and Boyce 14-07-00563-CV RSM Production Corporation, A Texas Corporation v. Vintage Petroleum, Inc., A Delaware Corporation, and Devon Energy Corporation, A Delaware Corporation, Successor to Santa Fe Energy Resources, Inc.--Appeal from 334th District Court of Harris County Trial Court Judge: Sharon McCally Trevino v. NVG North Village Green I Association, Inc. (Tex.App.- Houston [14th Dist.] Sep. 25, 2008)(Seymore) (premises liability, elevator malfunction) AFFIRMED: Opinion by Justice Seymore Before Justices Frost, Seymore and Guzman 14-07-00240-CV Oralia Trevino v. NVG North Village Green I Association, Inc. Appeal from 190th District Court of Harris County Trial Court Judge: Jennifer Elrod Walker Sonic Systems Int., Inc. v. Croix (Tex.App.- Houston [14th Dist.] Aug. 27, 2008)(Seymore) (insurance law, workers comp claim denial) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Seymore Before Justices Fowler, Frost and Seymore 14-07-00103-CV Sonic Systems International, Inc. v. Randy Croix, Eddie Croix Insurance Agency, Inc., and Texas Mutual Insurance Company F/K/A Texas Worker's Compensation Insurance Fund Appeal from 157th District Court of Harris County Trial Court Judge: Randy Wilson In the Interest of D.A.P. (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Seymore) (child support, OAG suit UCCJEA, modification, order on SAPCR counterclaim reversed, no jurisdiction over out-of-state parent due to failure to serve with citation UCCJEA) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Seymore Before Justices Fowler, Frost and Seymore 14-06-00975-CV In the Interest of D.A.P Appeal from 246th District Court of Harris County Trial Court Judge: Jim York Salymeh v. Plaza Centro, LLC (Tex. App.- Houston [1st Dist.] Aug. 26, 2008)(Seymore) (lease law, landlord-tenant, forcible detainer, right of possession, lost rents not proven) AFFIRMED: Opinion by Justice Seymore Before Justices Fowler, Seymore and Guzman 14-06-01101-CV Mohammad Salymeh d/b/a Muebleria Y Bazar Tierrablanca v. Plaza Centro, LLC Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: Judge Gary Michael Block In Re Kenefick (Tex.App.- Houston [14th Dist.] Aug. 19, 2008)(Seymore) (mandamus in family court case, order on post-divorce motion for clarification void, motion to compel) GRANTED IN PART AND DENIED IN PART: Opinion by Justice Charles Seymore Before Justices Fowler, Frost and Seymore 14-08-00203-CV In Re Brian Kenefick Appeal from 308th District Court of Harris County We conditionally grant the petition for a writ of mandamus with respect to the clarification order and direct the trial court to vacate its February 14, 2008 clarification order. We deny the petition for writ of mandamus, without prejudice, with respect to the order granting the motion to compel. Trial Court Judge: Judge Georgia Dempster Concurring Opinion by Justice Frost in In Re Kenefick (re: clarification order) The Kroger Co. v. Brown (Tex.App.- Houston [14th Dist.] July 24, 2008)(Seymore) (negligence, proportionate responsibility, damages award reduced) AFFIRMED: Opinion by Justice Seymore Before Justices Fowler, Frost and Seymore 14-06-00510-CV The Kroger Co. v. Dan Brown Appeal from 281st District Court of Harris County Trial Court Judge: David J. Bernal In Interest of SRB (Tex.App.- Houston [14th Dist.] July 24, 2008)(Seymore) (family law, nonpaternity) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Seymore Before Justices Fowler, Frost and Seymore 14-06-00864-CV In the Interest of S.R.B Appeal from 246th District Court of Harris County Trial Court Judge: Jim York Marvin v. Fithian (Tex.App.- Houston [1st Dist.] July 1, 2008)(Seymore) (HCLC, interlocutory appeal) (insufficient post-operative care, infection from surgery) AFFIRMED: Opinion by Justice Seymore Before Justices Fowler, Frost and Seymore 14-07-00996-CV Robert Marvin v. Vicki Fithian Appeal from 334th District Court of Harris County Trial Court Judge: Joseph J. Halbach In the Interest of TDN (Tex.App.- Houston [14th Dist] June 26, 2008)(Frost) (termination of parental rights, oral motion for continuance was insufficient, error not preserved) AFFIRMED: Opinion by Justice Frost Before Justices Fowler, Frost and Seymore 14-07-00387-CV In the Interest of T.D.N. Appeal from 313th District Court of Harris County | Trial Court Judge: Patrick Scott Shelton Concurring Opinion by Justice Seymore Axelrod v. Dr.Richard Jackson (Tex.App.- Houston [14th Dist.] May 25, 2008) (Opinion on remand by Seymore) (medical malpractice, misdiagnosis, jury verdict, proportionate responsibility) AFFIRMED: Opinion by Justice Seymore 14-02-00518-CV David and Carolyn Axelrad v. Dr. Richard Jackson Appeal from 334th District Court of Harris County Trial Court Judge: Katie Kennedy BancorpSouth Bank v. Prevot (Tex.App.- Houston [14th Dist.] May 22, 2008)(Subst. op. by Seymore) (foreign judgment enforceable in Texas, UEFJA, jurisdiction in Texas) REVERSED AND RENDERED: Opinion by Justice Seymore REVERSED AND RENDERED: Opinion by Justice Seymore Before Justices Brock Yates, Edelman and Seymore 14-06-00302-CV BancorpSouth Bank f/k/a Bank of Mississippi v. Albert Prevot Appeal from 215th District Court of Harris County Trial Court Judge: Levi James Benton Appeal in tax protest case dismissed for want of jurisdiction HCAD v. Spencer Square Ltd (Tex.App.- Houston [14th Dist.] Apr. 29, 2008) (Seymore) (property tax appeal, procedural issues, second hearing sought by mandamus, no jurisdiction) REVERSED AND RENDERED: Opinion by Justice Seymore Before Justices Fowler, Frost and Seymore 14-07-00567-CV The Appraisal Review Board of Harris County Appraisal District v. Spencer Square Ltd as the Property Owners and the Property Owners Appeal from 334th District Court of Harris County Trial Court Judge: Sharon McCally Texas was baby's home state under UCCJEA. Exercise of jurisdiction in initial SAPCR thus proper even though mother had taken child to another state and filed suit there In re Burk (Tex.App.- Houston [14th Dist.] Apr. 10, 2008)(Seymore) (UCCJEA child custody jurisdiction, home state, suits affecting the parent child relationship (SAPCR)) MOTION OR WRIT DENIED: Opinion by Justice Seymore Before Justices Fowler, Frost and Seymore 14-08-00065-CV In Re: Amy Elizabeth Burk Appeal from 311th District Court of Harris County Trial Court Judge: Hon. Douglas C. Warne Bill White, Mayor v. Robinson (Tex.App.- Houston [14th Dist.] Apr. 3, 2008)(Seymore) (election law, dispute over validity of citizen-initiated proposition) REVERSED AND REMANDED: Opinion by Justice Seymore 14-06-00167-CV Bill White, Mayor, City of Houston, and Houston City Council v. Carroll G. Robinson, Bruce R. Hotze, and Jeffrey N. Daily Appeal from 333rd District Court of Harris County Trial Court Judge: Joseph J. Halbach Exemplary Damages Thrown Out Exxon Mobil Corp. (Tex.App.- Houston [14th Dist.] Apr. 3, 2008)(Seymore) (judgment for exemplary damages reversed, malice finding, sufficiency of evidence) REVERSED AND RENDERED: Opinion by Justice Seymore 14-04-01133-CV Exxon Mobil Corporation v. Louise Altimore Appeal from 405TH District Court of Galveston County Trial Court Judge: WAYNE J. MALLIA New Opinion issued in case involving dispute over MSA Engineer v. Engineer (Tex.App.- Houston [14th Dist.] Mar. 20, 2008)(subst. opinion by Seymore) (mediated settlement agreement) AFFIRMED: Opinion by Justice Seymore 14-06-01099-CV Katy Engineer v. Mike Engineer Appeal from 387th District Court of Fort Bend County Trial court judge: Hon. Robert J. Kern Foreign Judgment not void Bancorp South Bank v. Prevot (Tex.App. - Houston [14th Dist.] Feb. 26, 2008)(Seymore) (domestication and enforcement of foreign judgments, UEFJA) REVERSED AND RENDERED: Opinion by Justice Seymore Before Justices Brock Yates, Edelman and Seymore 14-06-00302-CV BancorpSouth Bank f/k/a Bank of Mississippi v. Albert Prevot Appeal from 215th District Court of Harris County (Judge Levi Benton) Suit on Note Fe De La Calzada v. American First National Bank (Tex.App.- Houston [14th Dist] Feb. 7, 2008) (Seymore) (suit on promissory note) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Seymore Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00022-CV Fe De La Calzada v. American First National Bank Appeal from 234th District Court of Harris County (no judge name shown) Question of first impression: Venue for domestication of foreign judgment Cantu v. Grossman (Tex.App.- Houston [14th Dist.] Jan. 29, 2008)(Seymore)(venue law, foreign judgment, MTV) REVERSED AND REMANDED: Opinion by Justice Seymore Before Justices Frost, Seymore and Guzman 14-06-00078-CV Mark A. Cantu v. Howard S. Grossman, P.A. Appeal from 215th District Court of Harris County Dissenting Opinion by Justice Frost Family Law Arbitration Update: New opinion issued Mar 20, 2008 Engineer v. Engineer II No. 14-06-01099-CV Tex.App.- Houston [14th Dist.] Jan. 15, 2008)(Superseded opinion by Seymore)(family law, divorce, property division, MSA, arbitration award) AFFIRMED: Opinion by Justice Seymore Before Chief Justice Hedges, Justices Anderson and Seymore Katy Engineer v. Mike Engineer Appeal from 387th District Court of Fort Bend County (Judge Robert J. Kern) 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) Also see --> 2007 Civil Case Opinions by Justice Seymore | 2009 Opinions |
| Appellate Opinions by Justice Charles Seymore (Tex.App.- Houston [14th Dist.] 2008) Houston Opinions |