| 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 |
