Justice Charles Seymore | Appellate Opinions in Civil Cases

Recent O pinions Authored by the Honorable Charles Seymore
in Civil Appeals (Tex.App.- Houston [14th Dist.] 2008)

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 ou t-of-state parent due to failure to serv e 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 Bloc k

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 insuf ficient, 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 protes t 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) (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)

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, SJ, 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)
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.")

Appellate Opinions Authored by Justice Charles Seymore

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 survi v orship)
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

Maguire Oil Company et al v. The City of Houston (Tex.App. - Houston [14th Dist.] Jul. 24,
2007)(Seymore)(plea to the jurisdiction, ripeness, condemnation, 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)
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
State of Texas v. Dennis Russell Callaghan (Tex.App.- Houston [14th Dist.] Mar. 15, 2007)(Justice
Seymore)(criminal appeal)

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

Lee Bass v. The State of Texas (Tex.App.- Houston [14th Dist.] Mar. 8, 2007)(Justice Seymore)

Bass v. The State of Texas (Tex.App.- Houston [14th Dist.] Mar. 8, 2007)(Justice Seymore)

Martin v. State of Texas (Tex.App.- Houston [14th Dist.] Mar. 1, 2007)(Justice Seymore)

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]

House v. State of Texas (Tex.App.- Houston [14th Dist.] Feb. 20, 2007)(majority opinion by Justice
Seymore)
House v. State of Texas (Tex.App.- Houston [14th Dist.] Feb. 20, 2007)(Dissent by Yates)

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)

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, DTPA]
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))