Opinions by other Justices
of the
First Court of Appeals,  
sitting in Houston, Texas

Chief Justice Sherry Radack
Justice Tim Taft (resigned 4/09)
Justice Jim Sharp (2009-)
Justice Massengale (2009-)
Justice Sam Nuchia (former)
Justice Terry Jennings
Justice Evelyn Keyes
Justice Elsa Alcala  
Justice George C. Hanks, Jr.
Justice Laura Carter Higley
Justice Jane Bland
Justice Taft retired from the 1st Court of Appeals effective June 1, 2009
JUDGE PROFILE: Hon. Timothy Taft (retired)
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, but
chose to retire before the end of his term, and to
become a visiting
grandparent (instead of a visiting judge, a common part-time
gig for former judges and justices). Justice Timothy Taft wrote 57
signed opinions on the merits and 47 per curiam opinions in FY
2008. Taft concurred twice with a separate opinion, bringing the total
to 106, which is the lowest annual total for any member of the court.
He issued no dissenting opinions all year. Justice Taft oversaw 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
2009 Opinions by [Former] Houston Appeals Court Justice
Tim Taft

UPDATE:  Governor Rick Perry has appointed Michael C. Massengale to fill the unexpired term of
Justice Tim Taft, who retired on June 1, 2009. The new appointee will face the electorate in the next general
elections if he survives the Republican primary.  

TEXT OF PRESS RELEASE FROM THE GOVERNOR'S OFFICE:

Gov. Perry Names Massengale Justice of the 1st Court of Appeals

June 15, 2009

AUSTIN – Gov. Rick Perry has appointed Michael C. Massengale of Houston justice of the 1st Court of
Appeals for a term to expire at the next general election. The court presides over 10 counties surrounding
the Houston area.

Massengale is a partner at Baker Botts L.L.P. He is a member of the State Bar of Texas and American and
Houston Bar associations. He is also president of the Houston chapter of the Federalist Society, a volunteer
with the Houston Volunteer Lawyers Program, and a member of Annunciation Catholic Church. Massengale
received a bachelor’s degree from Dartmouth College and a law degree from the University of Texas at
Austin. He replaces Tim Taft of Houston.

Also see ---> More Recent Civil Appellate Case Opinions by Justice Timothy Taft
Justice Tim Taft retired from the First Court of Appeals on May 31, 2009, but continues to sit by assignment
for the disposition of numerous cases.

WPS, Inc. v. Enervest Operating, LLC (pdf) (Tex.App.- Houston [1st. Dist.] Nov. 23, 2009)(Taft)
(
jury charge error claim rejected, juror misconduct affidavit properly struck as inadmissible)
AFFIRM TC JUDGMENT: Opinion by Justice Taft  
Before Justices Taft, Keyes and Alcala   
01-06-00759-CV        WPS, Inc. v. Enervest Operating, LLC    
Appeal from 127th District Court of Harris County
Trial Court Judge:
Hon. Sharolyn P. Wood

Chambers v. O'Quinn (Tex.App.- Houston [14th Dist.] Oct. 1, 2009)(Opinion on remand by Taft)
(
right to arbitration of attorney-client / legal malpractice dispute not waived, conflict in arb agreement as to
whether TAA or FAA applies resolved in favor of Texas Arbitration Act, arbitration of legal malpractice claims)
AFFIRM TRIAL COURT JUDGMENT: Opinion by
Justice Tim Taft   
Before Justices Taft, Keyes and Hanks   
01-04-01029-CV  Bob Chambers, et al. v. John M. O'Quinn, individually d/b/a O'Quinn & Laminack, and
John M. O'Quinn, P.C.   
Appeal from 61st District Court of Harris County
Trial Court Judge:
Hon. John Donovan

Wilson v. Davis (Tex.App. - Houston [1st Dist.] Aug. 14, 2009)(Taft)   
(
theories of corporate liability for deadly car wreck caused by intoxicated individual, respondeat superior,
course and scope of employment, piercing corporate veil, alter ego theory, and others)  
REVERSE TC JUDGMENT AND RENDER JUDGMENT:
Opinion by Justice Taft  
Before Justices Taft, Keyes and Alcala
01-06-00424-CV Rhonda Wilson and Thomas Stevenson, et al. v. Sam Davis, Amalgam Western, et al  
Appeal from
Probate Court No 1 of Harris County

Potter v. Clear Channel Outdoor, Inc. (Tex.App.- Houston [1st Dist.] Jul. 2, 2009)(Taft)
(
billboard lease, billboard lease, construction of lease, contract interpretation, quantum meruit, declaratory
judgment, UDJA, attorney's fees)   
AFFIRM TRIAL COURT JUDGMENT IN PART, REVERSE TRIAL COURT JUDGMENT IN PART, AND
REMAND CASE TO TRIAL COURT FOR FURTHER PROCEEDINGS: Opinion by
Justice Taft     
Before Chief Justice Radack, Justices Taft and Sharp   
01-07-00578-CV  Larry E. Potter v. Clear Channel Outdoor, Inc.   
Appeal from 333rd District Court of Harris County
Trial Court Judge:  
Hon. Joseph Halbach

In Re Corder (Tex.App.- Houston [1st Dist.] Jun. 5, 2009)(Taft)
(
child support contempt, civil coercive contempt, criminal contempt, habeas corpus petition premature)
DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Taft
Before Justices Taft, Bland and Sharp
01-09-00386-CV   In re Dale Corder
http://www.1stcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=86719
Appeal from 245th District Court of Harris County
Trial Court Judge:
Hon. Annette Kuntz

Rapid Settlements, Ltd v. Allstate Life Ins. Co. (Tex.App.- Houston [1st Dist.] May 8, 2009)(Taft)(DWOJ)
(
bill of review, arbitration confirmation suit, necessary party, order granting bill of review not final, order
granting
bill of review did not vacate underlying arbitration award, only the judgment confirming the arb
award)
DISMISS APPEAL: Opinion by Justice Taft  
Before Justices Taft, Bland and Sharp
01-08-00381-CV  Rapid Settlements Ltd v. Allstate Life Insurance
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court
Judge: Hon. Roberta A. Lloyd

GCI CP, LLC v. Stewart Title Guarantee (Tex.App.- Houston [1st Dist.] Apr. 9, 2009)
(
insurance coverage dispute, policy construction, cross-motions for summary judgment)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Tim Taft  
Before Justices Taft, Bland and Sharp
01-07-00372-CV GCI GP, LLC v. Stewart Title Guaranty
Appeal from 151st District Court of Harris County
Trial Court
Judge: Hon. Caroline E. Baker  

Washburn v. Sims (Tex.App.- Houston [1st Dist.] Mar. 26, 2009)(Taft)
(
open account suit, unjust enrichment, breach of contract counterclaim)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by
Justice Taft   
Before Justices Taft, Bland and Sharp
01-07-00481-CV Scott Washburn v. Bryan Sims and Astounding Party Rentals, Inc.   
Appeal from County Civil Court at Law No 1 of Harris County
Trial Court
Judge: Hon. R. Jack Cagle  

Anthony v. TDCJ (Tex. App. - Houston [1st Dist.] Mar. 5, 2009)(Taft)
(
prisoner suit, inmate litigation, dismissal, defective pleading of conversion claim)
AFFIRM TC JUDGMENT: Opinion by Justice Timothy Taft  
Before Justices Taft, Bland and Sharp
01-08-00465-CV Milton James Anthony v. Texas Department of Criminal Justice, et al.  
Appeal from 412th Judicial District Court of Brazoria County

Hill v. Hoelke (Tex. App.- Houston [1st Dist.] Mar. 12, 2009)(Taft)
(investment dispute,
breach of fiduciary duty, breach of contract, fraud, and promissory estoppel)
AFFIRM TC JUDGMENT: Opinion by Justice Tim Taft  
Before Justices Taft, Bland and Sharp
01-07-00702-CV John Hill v. Frederick F. Hoelke and Frederick F. Hoelke, P.C.  
Appeal from 151st District Court of Harris County
Trial Court
Judge: Hon. Caroline E. Baker  

Sebritsky v. Sembritzky (Tex.App.- Houston [1st Dist.] Jan. 8, 2009)(Taft)
breach of a contractual alimony agreement, misnomer, default judgment, liquidated damages)
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
01-07-00251-CV Verley Lee Sembritsky, Jr. v. Michel Castrinos Sembritzky
Appeal from 312th District Court of Harris County
Trial Court Judge:
Hon. James Squier

Also see --> 2010 Opinions written by Retired Justice Taft
2008 Civil Appellate Case Opinions by Justice Timothy Taft
2007 Opinions Written by Justice Tim Taft in Civil Appeals   
Future Seat of the Houston Court of Appeals Old Harris County Civil Courthouse
HOUSTON JUSTICES
1st and 14th Court of Appeals
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

Also see --> General Information on
Houston Courts of Appeals, Appellate
Judges, and Upcoming Judicial
Elections   
Houston Courts & Cases Blog