| Appellate Opinions by Justice Jim Sharp (Tex.App.- Houston [1st Dist.] 2009) Houston Opinions |
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OPINIONS RELEASED IN 2009 IN CIVIL CASES [not necessarily a complete list] Sharp Dissent in Dyess v. Harris (corrected opinion) (Tex.App.- Houston [1st Dist.] Oct. 26, 2009)(Sharp, Dissenting) ("I dissent. The trial court preemptively usurped the jury’s fact-finding role.") OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Sharp Before Chief Justice Radack, Justices Taft and Sharp 01-08-00673-CV Carl D. Dyess a/n/f of Allison Veasey v. Leon Harris, Donna L. Harris and Spaulding for Childrens Appeal from 234th District Court of Harris County Trial Court Judge: The Honorable Reece Rondon Sharp Dissent from denial of en banc review in Walker v. DFPS (Tex.App.- Houston [1st Dist.] Oct. 9, 2009) (Sharp) (termination of parental rights) OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Sharp Before Justices Jennings, Hanks and Bland 01-07-00867-CV Frederick Dewayne Walker v. Department of Family and Protective Services Appeal from 314th District Court of Harris County Trial Court Judge: Hon. John Phillips Showbiz Multimedia LLLC v. Mountain States Mortgage Co. (Tex.App.- Houston [1st Dist.] Oct. 8, 2009)(Sharp) (incurable jury argument) REVERSE TRIAL COURT JUDGMENT AND REMAND CASE TO TRIAL FOR FURTHER PROCEEDINGS: Opinion by Justice Sharp Before Justices Taft, Bland and Sharp 01-07-00810-CV Showbiz Multimedia, LLC; Showbiz Multimedia Entertainment, LLC; and Vinay Karna v. Mountain States Mortgage Company; Remington Financial Group, Inc.; and Matthew McManus Appeal from 387th District Court of Fort Bend County Concurring Opinion by Justice Taft in Showbiz Multimedia v. Mountain States Mortgage Company Harrison v. Charlie Thomas Ford, Ltd. (Tex.App.- Houston [1st Dist.] Sep. 24, 2009)(Sharp) (DTPA, Finance Code violations in installment sale of motor vehicle alleged, waiver of arguments on appeal) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Sharp Before Chief Justice Radack, Justices Taft and Sharp 01-08-00164-CV Russell W. Harrison v. Charlie Thomas Ford, Ltd., d/b/a Charlie Thomas Ford Appeal from 61st District Court of Harris County Trial Court Judge: Hon. John Donovan In re Coffer (Tex.App.- Houston [1st Dist.] Aug. 4, 2009)(Sharp) (habeas corpus, mother held in contempt for nonpayment of child support) DENY PETITION FOR WRIT OF HABEAS CORPUS: Opinion by Justice Sharp Before Justice Sharp 01-08-00666-CV In re Alicia M. Coffer Appeal from 312th District Court of Harris County Trial court judge: David Farr | Robert Hinojosa Lockhart, MD v. Guyden (Tex.App.- Houston [1st Dist.] Jul. 16, 2009)(Sharp) (denial of motion to dismiss found error in interlocutory appeals)(sufficiency of expert report in HCLC suit, wrongful death) REVERSE TRIAL COURT JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Sharp Before Justices Taft, Bland and Sharp 01-08-00983-CV Christopher Lockhart, M.D. v. Normell W. Guyden, Individually and as Heir to the Estate of Natalie J. Guyden, Deceased Appeal from 113th District Court of Harris County Trial Court Judge: Hon. Patricia Hancock Azteck International Business Corporation v. UPI Communications (Tex.App.- Houston [1st Dist.] Jul. 9, 2009) (Sharp) (finality issue, no final order from which appeal may be taken)(DWOJ) DISMISS APPEAL: Opinion by Justice Sharp Before Chief Justice Radack, Justices Taft and Sharp 01-07-00907-CV Azteck International Business Corporation v. UPI Communications Appeal from 295th District Court of Harris County Trial Court Judge: Hon. Tracy Christopher Lawrence v. Geico (Tex.App.- Houston [1st Dist.] Jul. 2, 2009)(Sharp) (car wreck property damage, subrogation claim in car collision, SoL, diligence in procuring service on defendant, admission of evidence, police report, requirements for proper evidentiary objection, specificity, hearsay objection) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Sharp Before Justices Taft, Bland and Sharp 01-07-00873-CV Jonathan A. Lawrence v. Geico General Insurance Company, as Subrogee Appeal from the 405th District Court of Galveston County Trial Court Judge: Hon. Wayne J. Mallia In re Halliburton Co. (Tex.App.- Houston [1st Dist.] Jul. 2, 2009)(Sharp) (arbitration mandamus) (FAA: trial court should have granted motion to compel arbitration in employment dispute, presumption of receipt of mailed arbitration agreement) GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Sharp Before Chief Justice Radack, Justices Taft and Sharp 01-09-00150-CV In re Halliburton Company Appeal from 133rd District Court of Harris County Trial Court Judge: Jaclanel M. McFarland Justice Sharp begs to differ, but does not write separately to dissent from supplemental opinion in case that settled after opinion was handed downMcShaffry v. Amegy Bank N.A. (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Bland) (settlement reached after opinion issued, majority does not withdraw opinion, Justice Sharp would) DISMISS APPEAL: Opinion by Justice Bland Before Justices Taft, Bland and Sharp 01-08-00493-CV Mark S. McShaffry v. Amegy Bank National Association Appeal from 125th District Court of Harris County Trial Court Judge: Hon. John Coselli Green v. Harris County DA's Office (Tex.App.- Houston [1st Dist.] Jun. 11, 2009)(Sharp) (expunction petition denied, frivolous suit dismissal) AFFIRM TRIAL COURT JUDGMENT: Before Justices Taft, Bland and Sharp. Opinion by Jim Sharp 01-07-00917-CV Anthony Ray Green v. Harris County District Attorney's Office, County Clerk of Harris County, and Sheriff of Harris County Appeal from 295th District Court of Harris County Trial Court Judge: Hon. Tracy Christopher Orr Archibald v. Archibald (Tex.App.- Houston [1st Dist.] Jun. 4, 2009)(Sharp) (attempted post-divorce redivision of benefits fails, divorce decree not ambiguous, res judicata) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Sharp Before Chief Justice Radack, Justices Taft and Sharp 01-08-00015-CV Aurore Hope Orr Archibald v. Larry Donald Archibald Appeal from County Court at Law of Washington Count Trial Court Judge: Hon. Matthew Reue AllStyle Coil Co, LP v. Correon (Tex.App.- Houston [1st Dist.] May 7, 2009)(Sharp) (arbitration confirmation suit under FAA, vacature denied, grounds to vacate)(worker wins in arbitration, award confirmed) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Jim Sharp Before Justices Taft, Bland and Sharp 01-07-00790-CV AllStyle Coil Company, L.P. v. Roberto Carreon Appeal from 133rd District Court of Harris County Trial Court Judge: Hon. Lamar McCorkle William Earl Cunningham (Tex.App.- Houston [1st Dist.] Apr. 23, 2009)(Sharp) (appeal of dismissal, citation not executed) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Sharp Before Justices Taft, Bland and Sharp 01-07-00948-CV William Earl Cunningham Appeal from 122nd District Court of Galveston County Trial Court Judge: Hon. John Ellisor Abbott v. DFPS (Tex.App.- Houston [1st Dist.] Jan. 29, 2009)(Sharp) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Jim Sharp Before Justices Taft, Bland and Sharp 01-07-01034-CV Angie Abbott v. Department of Family and Protective Services Appeal from 315th District Court of Harris County Trial Court Judge: Hon. Michael H. Schneider Jr. Also see: Most Recent Opinions by Justice Sharp, the only Democrat on the First Court of Appeals |
2009 CIVIL APPELLATE OPINIONS BY JUSTICE JIM SHARP
Also see --> Most recent Opinions by Justice Jim Sharp
Also see --> Most recent Opinions by Justice Jim Sharp