Opinions by other Justices of the First Court of Appeals, sitting in Houston, Texas Chief Justice Sherry Radack Justice Tim Taft Justice Jim Sharp (2009-) Justice Sam Nuchia (2008) Justice Terry Jennings Justice Evelyn Keyes Justice Elsa Alcala Justice George C. Hanks, Jr. Justice Laura Carter Higley Justice Jane Bland |
JUDGE PROFILE: Hon. Timothy Taft Justice Taft was first elected to the First Court of Appeals in 1994. He is a Vietnam Vet and was a prosecutor in the Harris County DA's Office for many years prior to seeking judicial office. Justice Taft was most recently re-elected on the Republican ticket in 2006. Justice Timothy Taft wrote 64 signed opinions on the merits in FY 2006 and never once dissented or concurred in the result for different reasons. Justice Taft also oversees the Court's internship program, which allows law school students to gain appellate court experience in the course of their studies. Find more judge and court information at the Houston-Opinions Home Page |
| 2008 Opinions by Houston Appeals Court Justice Tim Taft |
2008 Civil Appellate Case Opinions by Justice Timothy Taft Also see ---> More Recent Opinions Written by Justice Taft Poland v. Ott (Tex.App.- Houston [1st Dist.] Dec. 19, 2008)(Taft)(substituted opinion, HCLC, motion to dismiss, timely service of expert report) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Keyes and Alcala 01-07-00199-CV Raymon Poland, Individually and as Independent Administrator of the Estate of Jessie Poland, Robert Martin, and Frank Martin v. Dr. David Ott--Appeal from 152nd District Court of Harris County Trial Court Judge: Hon. Kenneth P. Wise Concurring Opinion by Justice Taft Dissenting Opinion by Justice Jennings Sinegaure v. Bally Total Fitness Corp,. (Tex.App.- Houston [1st Dist.] Dec. 18, 2008)(Taft) (liability for death, emergency medical service, gym, admission of evidence microfiled contract) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Keyes and Alcala 01-05-01070-CV Vanessa Sinegaure, Individually and as Representative of the Estate of Darnell Sinegaure, Deceased; Virginia Sineguare, Darnell Jones and Harold Moore v. Bally Total Fitness Corporation, et al. Appeal from 334th District Court of Harris County Trial Court Judge: Hon Sharon McCally In re OAG (Tex.App- Houston [1st Dist.] Dec 11, 2008)(Taft) Taft)(bill of review, prior factually false paternity adjudication upheld, parentage proceeding) GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Taft Before Justices Taft, Keyes and Alcala 01-08-00670-CV In re The Office of the Attorney General of Texas Appeal from 310th District Court of Harris County Trial Court Judge: Hon. Lisa Millard SIMULIS LLC v. G.E. Electric Corp (Tex.App.- Houston [1st Dist.] Nov. 26, 2006)(Taft) (garnishment of payroll funds approved) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Keyes and Alcala 01-06-01041-CV SIMULIS, L.L.C. v. General Electric Corporation and Amegy Bank of Texas Appeal from 270th District Court of Harris County Trial Court Judge: Hon. Brent Gamble Hilburn v. Providian Holdings, Inc. (Tex.App.- Houston [1st Dist.] Nov. 6, 2008)(Taft) (interpretation of easement agreement, untimely designation of expert witness) (UDJA, interpretation of easement agreement, attorney's fees) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Chief Justice Radack, Justices Taft and Alcala 01-06-00961-CV Barbara Hilburn v. Providian Holdings, Inc. Appeal from 189th District Court of Harris County Trial Court Judge: Hon. William R. Burke. Jr. ODL Services, Inc. v. Conoco Phillips Co. (Tex.App.- Houston [1st Dist.] Aug. 14, 2008)(Taft) (arbitration, whether FAA applies, arbitrability, motion to stay arbitration, challenge to findings of fact) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Jennings and Bland 01-08-00020-CV ODL Services , Inc. v. Conoco Phillips Company Appeal from 295th District Court of Harris County Trial Court Judge: Hon. Tracy Christopher Goldberg v. Commission for Lawyer Discipline (Tex.App.- Houston [1st Dist.] July 3, 2008)(Taft) (disciplinary matter, jurisdiction re: disbarment where criminal conviction was overturned) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Jennings and Bland 01-07-01104-CV Daniel Goldberg v. Commission for Lawyer Discipline, and State Bar of Texas Appeal from 295th District Court of Harris County Trial Court Judge: Hon. Tracy Christopher Concurring Opinion by Justice Jennings Jack v. Holiday World of Houston (Tex.App.- Houston [1st Dist.] June 19, 2008)(Taft) (motor home purchase, DTPA, mistrial, Batson challenge) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Keyes and Alcala 01-06-00816-CV Herbert L. Jack v. Holiday World of Houston, Forest River, Inc., Bank of America, N.A. Appeal from 281st District Court of Harris County Trial Court Judge: Hon. David J. Bernal Also see --> Subsequent appeal from modified judgment awarding attorney's fees (Medina v. Benkiser II)(2009) Medina v. Benkiser I, 262 S.W.3d 25 (Tex.App.- Houston [1st Dist.] Jun 12, 2008, no pet.) (no injunction jurisdiction in county court in the absence of other claims over which court has jurisdiction, election code violation alleged, no UDJA jurisdiction for declaratory relief either) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Jennings and Bland 01-08-00474-CV Debra Medina, et al v. Tina Benkiser, et al Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Hon. Roberta A. Lloyd In re The Office of Attorney General of Texas (Tex.App.- Houston [1st Dist.] May 22, 2008)(Taft) (mandamus granted) (order found void, entered after expiration of plenary jurisdiction, appeal from associate judge to referring court) GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Taft Before Justices Taft, Jennings and Bland 01-08-00114-CV In re The Office of the Attorney General of Texas Appeal from 308th District Court of Harris County Trial Court Judge: Hon. Georgia Dempster Kindsfather v. Green (Tex.App.- Houston [1st Dist.] May 22, 2008)(Taft)(real estate law, forged deed) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Keyes and Alcala 01-06-01111-CV Ray Kindsfather v. Frank Green Appeal from 113th District Court of Harris County Trial Court Judge: Hon. Patricia Hancock Appellante: Ray Kindsfather, pro se; Appellee's attorney: Erin L. Westendorf, John Hagaman Polk Howeth Investments, Inc. v. The City of Hedwig Village (Tex.App.- Houston [1st Dist.] Apr. 17, 2008)(Taft) (real estate law, land regulation, plat application, constitutional challenge) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Alcala and Hanks 01-05-00904-CV Howeth Investments, Inc., and Jack Howeth, as Trustee for the 881 Development Trust and the 901 Development Trust-assignees for Howeth Investments, Inc. v. The City of Hedwig Village, The City of Hedwig Village Planning and Zoning Commission, and S. Frank White, Robert A. Wiener, Norman E. Ward and Kathering Vazquez Appeal from 189th District Court of Harris County Trial Court Judge: Hon. William R. Burke, Jr. Duran v. Citibank (Tex.App.- Houston [1st Dist.] Mar. 20, 2008)(Taft) (consumer credit, suit by creditor, summary judgment, attorney's fees, creditor prevails) AFFIRM TC JUDGMENT: Opinion by Justice Taft 01-06-00636-CV Zeke Duran, III v. Citibank (South Dakota), N.A. Appeal from County Civil Court at Law No 3 of Harris County Trial Court Judge: Hon. Lynn Bradshaw-Hull Poland v. Ott (Tex.App. - Houston [14th Dist.] Jan 31, 2008)(Taft) (HCLC, medical malpractice suit, health care liability claim, timely delivery of expert report by proper method) Check for superseding opinion! AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Keyes and Alcala 01-07-00199-CV Raymon Poland, Individually and as Independent Administrator of the Estate of Jessie Poland, Robert Martin, and Frank Martin v. Dr. David Ott Appeal from 152nd District Court of Harris County (Judge Ken WIse) St. Luke's Episcopal Hospital and Texas Heart Institute v. Poland No. 01-06-01038-CV (Tex.App.- Houston [1st Dist.] Feb. 14, 2008)(Taft) HCLC, medical malpractice, timeliness of expert report) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Taft Before Justices Taft, Keyes and Alcala St. Luke's Episcopal Hospital and Texas Heart Institute v. Raymon Poland, individually and as independent administrator of the estate of Jesse Poland, Robert Martin, and Frank Martin Appeal from 152nd District Court of Harris County (Judge Ken Wise) In the Matter of ZMM, a Child (Tex.App.- Houston [1st Dist.] Jan. 24, 2008)(Taft) (juvenile sex crime, no fundamental error) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Keyes and Alcala 01-06-00508-CV In The Matter of Z.M.M., A Child Appeal from County Court at Law No 3 of Galveston County (Hon. Roy M. Quintanilla) Gary E. Patterson & Associates, PC v. Holub No. 01-04-00108-CV (Tex.App.- Houston [1st Dist.] Jan. 10, 2008)(Taft)(validity of lien, suit for attorney's fees, settlement) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Keyes and Hanks Gary E. Patterson & Associates, P.C. and Gary E. Patterson v. Ronald W. Holub, et ux., Mary R. Holub, and Houston Title Company, et al.--Appeal from 151st District Court of Harris County (Judge Caroline E. Baker) Williams v. TDCJ-ID No. 01-06-00404-CV (Tex.App.- Houston [1st Dist.] Jan. 10, 2008)(Taft)(bill of review denied) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Hanks and Higley) Howard Vanzandt Williams v. Texas Department of Criminal Justice-ID Appeal from 23rd District Court of Brazoria County (Judge Ben Hardin) Also view --> 2007 Opinions Authored by Justice Tim Taft in Civil Cases More Recent Opinions Written by Justice Taft |