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 May 31, 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
Recent 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.

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.

Uptegraph v. Sandlwood Civic Club (Tex.App.- Houston [1st Dist.] Feb. 5, 2010)(Taft)
(
homeowners in court, HOA litigation, restrictive covenants, deed restrictions, fence)
AFFIRM TC JUDGMENT: Opinion by
Justice Taft  
Before Chief Justice Radack, Justices Taft and Sharp
01-07-00764-CV  Scott D. Uptegraph, Jr. and Kara K. Uptegraph v. Sandalwood Civic Club   
Appeal from 333rd District Court of Harris County
Trial Court Judge:
Hon. Joseph Halbach   

Phillips v. Willy (Tex.App.- Houston [1st Dist.] Jan. 28, 2010)(Taft)
(
real estate dispute, adverse possession, repudiation)
AFFIRM TC JUDGMENT: Opinion by
Justice Taft     
Before Chief Justice Radack, Justices Taft and Sharp   
01-07-00159-CV  Lonnie Phillips, Jr., and Lance Phillips a/n/f v. Betty Willy, and The Executor of the Estate
of Kenneth Bing, Kimberlyrae Bing Thompson and Kenneth W. Bing, Jr.    
Appeal from 23rd District Court of Brazoria County
Trial Court Judge:  Hon. Ben Hardin

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

Also see --> 2009 Civil Appellate Case Opinions by Justice Timothy Taft
Also see --> 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

Justice Alcala, Elsa
Justice Anderson, John
Justice Bland, Jane
Justice Brown, Jeff
Justice Boyce, William (Bill)  
Justice Christopher, Tracy
Justice Edelman, Richard (former)
Justice Fowler, Wanda (former)
Justice Frost, Kem Thompson
Justice Guzman, Eva
Justice Hanks, George C., Jr.
Chief Justice Hedges, Adele
Justice Higley, Laura Carter
Justice Hudson, Harvey J. (former)
Justice Jennings, Terry
Justice Keyes, Evelyn
Justice Massengale, Michael
Justice Nuchia, Sam (former)
Chief Justice Radack, Sherry
Justice Seymore, Charles
Justice Sharp, Jim
Justice Sullivan, Kent
Justice Taft, Timothy (Tim)(former)
Justice Yates, Leslie Brock

Also see --> General Information on
Houston Courts of Appeals, Appellate
Judges, and 2008 Judicial Elections   

Houston Courts & Cases Blog