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 An order directing that counsel may no longer represent his clients in the subject litigation is not among those sanctions enumerated in Rule 215.2(b).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 . |
| Appellate Opinions by Justice Charles Seymore (Tex.App.- Houston [14th Dist.] 2009) Houston Opinions |