2009 Opinions Authored by the Honorable Charles Seymore
in Civil Appeals  
Also see --> 2010 Civil Appellate Opinions by Justice Seymore

In re Vossdale Townhouse Ass'n (Tex.App.- Houston [14th Dist.] Dec. 29, 2009)(Seymore)
(
sanctions for discovery abuse, attorney disqualification not authorized as sanction, fundamental right to
their counsel of choice)(mandamus granted)
In the petition, relators ask this Court to compel the
Honorable Mike Engelhart, presiding judge of the 151st
District Court of Harris County, to set aside his February 4, 2009 order removing relators’ attorney from
representation of them in the underlying case.  We conditionally grant the petition, in part, and deny it, in
part.  An order directing that counsel may no longer represent his clients in the subject litigation is not among
those sanctions enumerated in Rule 215.2(b).
GRANTED IN PART AND DENIED IN PART: Opinion by Justice Seymore    
Before Chief Justice Hedges, Justices Seymore and Sullivan     
14-09-00723-CV  In Re Vossdale Townhouse Association, Inc.; John B. Baird, as President of the Vossdale
Townhouse Association, Inc., and Individually; and Pauletta Gwen Holley Gilbert, as Secretary of the
Vossdale Townhouse Association, Inc., and Individually    
Appeal from 151st District Court of Harris County  
Trial Court Judge:
Mike Engelhart

Skylane West Ltd. v. HCAD (pdf) (Tex.App.- Houston [14th Dist.] Dec. 22, 2009) (Seymore)
(
plea to the jurisdiction, lack of standing, not property owner, thus no standing to litigate) (trial court properly
concluded it
lacked subject-matter jurisdiction over the claims of all appellants)
AFFIRMED: Opinion by Justice Seymore    
Before Justices Seymore, Brown and Sullivan
14-08-00507-CV  Skylane West Ltd., Houston Skylane One LLC a/k/a Skylane West Ltd., an Skylane West
Apartments, as the Property Owners and the Property Owners v.
Harris County Appraisal District   Appeal
from 113th District Court of Harris County
Trial Court Judge:
Patricia Ann Hancock  

DL Louetta Village Square LP v. HCAD (pdf) (Tex.App.- Houston [14th Dist.] Dec. 22, 2009)(Seymore)
(
dismissal for lack of standing affirmed)(before use of a common name is adequate to justify substitution
under Rule 28, a party must show it was in fact doing business under that common name, dba)
AFFIRMED: Opinion by
Justice Seymore    
Before Justices Seymore, Brown and Sullivan
14-08-00549-CV  DL Louetta Village Square LP and JL Louetta Village Square LP a/k/a Nomura Credit
Capital Inc as the Property Owners and the
Property Owners v. Harris County Appraisal District   
Appeal from 280th District Court of Harris County
Trial Court
Judge: Tony Lindsay  

Azad v. Aaron Rents Inc.(pdf)(Tex.App.- Houston [14th Dist.] Dec. 17, 2009)(Seymore)
(commercial lease case, attorney's fees)
AFFIRMED: Opinion by Justice Seymore    
Before Chief Justice Hedges, Justices Anderson and Seymore   
14-07-01087-CV  Hardam S. Azad and Manohar S. Mann v. Aaron Rents Inc. d/b/a Aaron Rents, Inc d/b/a
Texas Aaron Rents, Inc   
Appeal from 333rd District Court of Harris County
Trial Court Judge:
Joseph J. Halbach

Ex Parte S.C. (pdf)(Tex.App.- Houston [14th Dist.] Dec. 8, 2009)(Seymore)(expunction appeal)
Appellant, Texas State Securities Board appeals from an expunction order concerning files and records relating to appellee, S.
C.  In its sole issue, the Board contends the order is broader than authorized by the statute governing expunction.  Because
we agree, we modify the order and affirm as modified.
AFFIRMED AS MODIFIED: Opinion by Justice Seymore    
Before Justices Seymore, Brown and Boyce   
14-08-00381-CV  Ex Parte S.C   
Appeal from 189th District Court of Harris County
Trial Court Judge:
Bill Burke

City of Alvin v. Zindle (pdf) (Tex.App.- Houston [14th Dist.] Dec. 8, 2009)
(
oil and gas law, mineral estate, tax lien foreclosure)
AFFIRMED AS MODIFIED: Opinion by Justice Seymore    
Before Chief Justice Hedges, Justices Seymore and Sullivan   
14-08-00458-CV  City of Alvin v. Sallie Zindle   
Appeal from 239th District Court of Brazoria County
Trial Court Judge: Hon. Patrick Edward Sebesta

Walker v. Rangel (pdf) (Tex.App.- Houston [14th  Dist.] Dec. 3, 2009)(Seymore)
(
admission and exclusion of evidence, harm analysis)
A jury found Rangel’s negligence did not proximately cause the accident.  Walker now appeals, contending the trial court erred
in admitting opinion testimony of Senior Police Officer Daryl Woods of the Houston Police Department and Rangel’s accident
reconstruction expert, Dale King.
After a thorough review of the appellate record, we conclude the trial court erroneously admitted testimony)
REVERSED AND REMANDED: Opinion by Justice Seymore  
Before Chief Justice Hedges, Justices Seymore and Sullivan    
14-08-00643-CV        Juanita Walker v. April Rangel    
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court Judge:
Roberta Anne Lloyd

In Interest of EBL et al (Tex.App.- Houston [14th Dist.] Sep. 29, 2009)(Seymore)
(
family court mediation and arbitration, numerous challenges to arbitration award, attempted recusal of
arbitrator, consideration of family violence, appropriateness of mediation)
AFFIRMED: Opinion by Justice Seymore   
Before Chief Justice Hedges, Justices Seymore and Sullivan  
14-06-01095-CV In the Interest of E.B.L.G, H.L.L.G, and N.L.G.  
Appeal from 257th District Court of Harris County
Trial Court Judge:
Judy L. Warne  

In Interest of ADS, Jr. (Tex.App.- Houston [14th Dist.] Sep. 22, 2009)(Seymore)
(
Attorney General child support enforcement; no credit against judgment on arrears for time
obligor was in jail,
contempt order for failure to pay child support not challenged)
AFFIRMED AS MODIFIED: Opinion by Justice Seymore  
Before Justices Brock Yates, Seymore and Brown  
14-08-00147-CV In the Interest of A.D.S, Jr.   
Appeal from County Court at Law No 2 of Galveston County
Trial Court Judge: Mary Nell Crapitto  

HCAD v. Nunu (Tex.App.- Houston [14th Dist.] Aug. 27, 2009)(Seymore)(HCAD appeal,
homestead property tax exemption denied for portion of home used as law office, i.e. biz use)
(
case submitted on agreed facts)
REVERSED AND RENDERED: Opinion by
Justice Seymore   
Before Justices Seymore, Brown and Sullivan  
14-08-00528-CV   Harris County Appraisal District and Harris County Appraisal Review Board
v. Paul E. Nunu  Appeal from 151st District Court of Harris County
Trial Court Judge:
Caroline Elizabeth Baker

Montgomery v. Byrd (Tex.App.- Houston [14th Dist.] Aug. 25, 2009)(Seymore)
(
breach of contract and counterclaim, offsetting claims after dissolution of business relationship with
settlement and release; employees brought lawsuit that entailed liability for both parties)
(
directed verdict should have been granted, only attorney's fees issue for the jury to decide)
REVERSED AND REMANDED: Opinion by
Justice Seymore    
Before Chief Justice Hedges, Justices Anderson and Seymore  
14-07-01015-CV  Chester Montgomery v. Richard Byrd   
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court Judge:
Roberta Anne Lloyd

Hammer v. Wood (Tex.App.- Houston [14th Dist.] Aug. 25, 2009)
(
breach of implied warranty for floor installation work, DTPA, directed verdict requested,
take-nothing judgment because
no damages proven)
AFFIRMED: Opinion by Justice Seymore    
Before Chief Justice Hedges, Justices Anderson and Seymore  
14-07-01081-CV  Gary Hammer, d/b/a Hammer Remodeling
v. Raymond Harold Wood and Stephanie Ann Wood d/b/a Flooring World   
Appeal from County Civil Court at Law No 3 of Harris County
Trial Court Judge:
Linda Storey

Cantu v. Maher (Tex.App.- Houston [14th Dist.] Aug. 25, 2009)(Seymore) (finding of discovery abuse,  case
groundless and brought in bad faith and for the purpose of harassment)(motion for Frivolous and
Groundless Appeal and Motion To Dismiss and Motion for Sanctions are overruled)
AFFIRMED: Opinion by Justice Charles Seymore    
Before Chief Justice Hedges, Justices Anderson and Seymore  
14-07-00584-CV  Tony Cantu v. John E. Maher, Thomas Tollett, and Tommy's Seafood Steakhouse   Appeal
from County Civil Court at Law No 1 of Harris County
Trial Court Judge:
R. Jack Cagle

Rosemond v. Al-Lahiq, MD (Tex.App.- Houston [14th Dist.] Aug. 4, 2009)(Seymore)
(
med mal suit, untimely, insufficient expert report, presumption of receipt based on service pursuant to Rule
21a and rebuttal of presumption by controverting affidavit of nonreceipt)
AFFIRMED: Opinion by
Justice Frost  
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-08-00550-CV  Ulysses L. Rosemond v. Maha Khalifa Al-Lahiq, M.D.   
Appeal from 133rd District Court of Harris County
Trial Court Judge:
Lamar McCorkle

Langhorne v. Miller (Tex.App.- Houston [14th Dist.] Aug. 4, 2009)(Seymore) (conversion of aircraft,
proof of conversion damages,
market value, owner may testify, quantum meruit claim fails)
AFFIRMED: Opinion by
Justice Seymore  
Before Justices Seymore, Brown and Sullivan
14-08-00081-CV Danny Langhorne v. Kay M. Miller   
Appeal from County Civil Court at Law No 3 of Harris County
Trial Court
Judge: Linda Storey

Mid-Continent Casualty Co. v. Global Enercom Management, Inc. (Tex.App.- Houston [1st Dist.] Jul. 21, 2009)
(Anderson)(
insurance law, coverage dispute, construction of policy, applicability of exclusion, causality
analysis, formation of contract without signature, performance by party)
AFFIRMED: Opinion by
Justice Anderson     
Before Chief Justice Hedges, Justices Anderson and Seymore   
14-07-01006-CV Mid-Continent Casualty Company v. Global Enercom Management, Inc   
Appeal from 215th District Court of Harris County
Trial Court Judge:
LEVI JAMES BENTON  
CONCURRING/DISSENTING: Concurring and Dissenting Opinion by Justice Seymore     

The Methodist Hospital v. Zurich American Inc. Co. (Tex. App. - Houston [14th Dist.] Jul. 7, 2009) (Seymore)
(
INSURANCE LITIGATION: insured's suits against worker's compensation carrier alleging wrongful payment
of noncompensable injury claims within the deductible)(
insurer's duty of good faith and fair dealings,
negligent claims handling,
express warranty claim, breach of warranty - elements, conclusory affidavit)
AFFIRMED: Opinion by
Justice Seymore     
Before Justices Frost, Seymore and Guzman   
14-07-00663-CV The Methodist Hospital v. Zurich American Insurance Company, Tamera McKinney and
Mary Vu   
Appeal from 280th District Court of Harris County
CONCURRING: Concurring Opinion by Justice Frost (highlighting applicable binding Supreme Court
precedent)     

Askari v. Endevco, Inc. (Tex.App.- Houston [14th Dist.] Jul. 2, 2009)(breach of contract for consulting
services claim, payment in stock,
court sustained both parties' objections to parol evidence, applicability of
parol evidence rule, ambiguous and unambiguous contract provisions, preservation of error regarding
evidentiary objections).
AFFIRMED: Opinion by Justice Seymore     
Before Justice Seymore   
14-08-00278-CV Farzad Askari v. Endevco, Inc.   
Appeal from 11th District Court of Harris County
Trial Court Judge:
Mark Davidson

Pounds v. Jurgens (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Seymore)
(tax delinquency,
foreclosure, void judgment as to mineral royalty interest, oil gas minerals law)
AFFIRMED: Opinion by
Justice Seymore    
Before Justices Brock Yates, Seymore and Boyce   
14-07-00830-CV Pat Pounds, Alvin Community College District, Alvin Independent School District, The City
of Alvin, The City of Manvel, and Brazoria County v. Megan L. Jurgens and Judy Piper Leahy    
Appeal from 239th District Court of Brazoria County
Trial Court Judge: Patrick Edward Sebesta  

The City of Houston v. Williams (Tex.App.- Houston [14th Dist.] Mar. 31, 2009)(Op. on remand by Seymore)
(
governmental entity immunity, plea to the jurisdiction, city not immune to firefighters' pay claims)
AFFIRMED: Opinion by
Justice Seymore   
Before Justices Brock Yates, Seymore and Boyce
14-08-00059-CV The City of Houston v. Steve Williams, Et Al
Appeal from 80th District Court of Harris County
Trial Court Judge:
Lynn Bradshaw-Hull

Basey v. DaVita, Inc. (Tex.App. - Houston [14th Dist.] Feb. 24, 2009)(Seymore)
(
employment dispute, disability discrimination, retaliation, sj for defendant affirmed)
AFFIRMED: Opinion by Justice Seymore  
Before Chief Justice Hedges, Justices Hudson and Seymore
14-07-00925-CV   Latoya Basey v. Davita Inc., d/b/a Total Renal Care, Nelda Boatwright and Fresenius
Medical Care Holding Inc., d/b/a Fresenius Medical Care North America d/b/a Northwest Houston Dialysis,
and Biomedical Applications of Texas, Inc.
Appeal from 55th District Court of Harris County
Trial Court
Judge: Justice Jeffrey V. Brown

Peterson v. Jansen (Tex.App.- Houston [14th Dist.] Feb. 12, 2009)(Seymore)
(
homeowner law, dispute between neighbors, invasion of privacy, nuisance, elements of breach of contract
claim not proven, special exceptions, adverse possession).
AFFIRMED IN PART/REVERSED AND RENDERED: Opinion by Justice Seymore  
Before Chief Justice Hedges, Justices Anderson and Seymore
14-07-00535-CV   Gary Peterson v. James Jansen and Vikki Jansen
Appeal from County Civil Court at Law No 1 of Harris County
Trial Court
Judge: R. Jack Cagle

Jaco v. Rivera (Tex.App.- Houston [14th Dist.] Feb. 12, 2009)(Seymore)
(
post-answer default judgment, trial court erred in denying motion for new trial, Craddock test elements
satisfied,
pro se defendant, appearance in lawsuit)
REVERSED AND REMANDED: Opinion by Justice Seymore  
Before Justices Brock Yates, Seymore and Boyce
14-07-00572-CV  Gerald Randall Jaco v. Angel Roman Rivera
Appeal from 212th District Court of Galveston County
Trial Court
Judge: Susan Elizabeth Criss  

In re Liberty Mutual Insurance Co. (Tex.App. - Houston [14th Dist.] Feb. 24, 2009)(Seymore)
(
discovery mandamus granted, order of protection)
MOTION OR WRIT GRANTED: Opinion by Justice Seymore  
Before Chief Justice Hedges, Justices Anderson and Seymore
14-09-00086-CV  In Re Liberty Mutual Insurance Company, Arch Insurance Company and Speciality
Adjusters, Inc.
Appeal from 113th District Court of Harris County
Trial Court
Judge: Patricia Ann Hancock

In Interest of SJ (Tex.App. - Houston [14th Dist.] Feb. 24, 2009)(Seymore)
(
termination of parental rights, young mother, medical neglect, failure to visit, challenge to sufficiency of the
evidence)
AFFIRMED: Opinion by Justice Seymore  
Before Justices Brock Yates, Seymore and Boyce
14-07-00785-CV In the Interest of S.J.
Appeal from 314th District Court of Harris County
Trial Court Judge: Thomas R. Philips  

Brower v. Hearn, MD (Tex.App.- Houston [14th Dist.] Feb. 10, 2009)(Seymore)
(
HCLC, med-mal suit, attorney's fees)
AFFIRMED: Opinion by Justice Seymore  
Before Chief Justice Hedges, Justices Anderson and Seymore
14-07-00967-CV  Diana Brower v. Claude D. Hearn. M.D., Harry L. Braeuer, M.D., and Bay Area Surgical
Associates--Appeal from 234th District Court of Harris County

Speedy Stop Food Stores, Ltd v. Reid Road Municipal Utility District No. 2 (Tex.App.- Houston [14th Dist.]
Feb. 3, 2009)(Frost)(
condemnation case, testimony as to value of easement)
REVERSED AND REMANDED: Opinion by
Justice Frost  
Before Justices Frost, Seymore and Guzman
14-07-00225-CV  Speedy Stop Food Stores, Ltd. v. Reid Road Municipal Utility District No. 2
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court
Judge: Roberta Anne Lloyd  
CASE WITH SEPARATE OPINION: Dissenting Opinion by Justice Seymore  

Priddy v. Rawson (Tex.App.- Houston [14th Dist.] Feb. 3, 2009)(Seymore)
(waiver fraud,
breach of fiduciary duty, sj evidence)
AFFIRMED: Opinion by Justice Seymore
Before Justices Brock Yates, Seymore and Boyce
14-07-00806-CV   Ronald C. Priddy, Sammy Bingham and Douglas McGraw v. John V. Rawson, Rick
Stevens, E.M (Liz) Stevens, Steve J. Schifani, and Richard Dickson
Appeal from 239th District Court of Brazoria County
Trial Court Judge: Patrick Edward Sebesta   

Gardner v. TDCJ (Tex.App.- Houston [14th Dist.] Jan. 15, 2009, pet. denied July 2009)(Seymore)
(IFP prisoner suit, access to the courts, bench warrant, dismissal without evidentiary hearing)
AFFIRMED: Opinion by
Justice Seymore  
Before Justices Brock Yates, Seymore and Boyce
14-07-00992-CV   Kirby Gardner v. Texas Department of Criminal Justice, Correctional Institiutions Division,
Nathaniel Quarterman, Jackie Edwards, James W. Mossbarger, and Sharon Fox
Appeal from 412th District Court of Brazoria County
Trial Court Judge:  W. Edwin Denman

Tara Partners, Ltd. v. City of South Houston (Tex.App.- Houston [14th Dist.] Jan. 13, 2009)(Seymore)(city
governmental immunity) declaratory judgment and attorney's fees waiver of sovereign immunity)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Seymore  
Before Justices Frost, Seymore and Guzman
14-07-00330-CV  Tara Partners, Ltd., Granada Terrace, Ltd., David R. Wise, 1606 Savannah LLC, Windsor
Gardens Ltd., and Freeport Villa Brazos Apartments, Ltd. v. City of South Houston
Appeal from 157th District Court of Harris County
Trial Court Judge:
Randy Wilson
CASE WITH SEPARATE OPINION: Concurring Opinion by Justice Frost


Also see --> 2010 Civil Case Opinions by Justice Charles Seymore
PRODUCTIVITY STATS: In Fiscal Year 2008, which ended August 31, 2009, Justice Charles W.
Seymore authored 130 of the 14th Court of Appeals' 1,199 opinions. 65 on these were signed
opinions on the merits, 61 were per curiam opinion, and four were other opinions, including one
dissenting and one concurring opinion.  
Also see --> 2008 Civil Case Opinions by Justice Charles Seymore
Also see --> 2007 Opinions by Justice Seymore in Civil Appeals

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Justice Charles Seymore
Appellate Opinions by Justice Charles Seymore
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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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