In Fiscal Year 2008-09 Senior Justice Davie Wilson [not to be confused with District Judge Randy Wilson]
wrote five opinions on the merits in cases decided by the First Court of Appeals. Justice Wilson is retired and
sits by assignment. He was the only visiting justice who authored opinions for the First Court of Appeals over
the course of that one-year period. On the Fourteenth Court of Appeals, retired Justices
J. Harvey Hudson
and Frank C. Price, and two Harris County District Court Judges,
Judge S. Grant Dorfman and Judge Ken
Wise wrote opinions as visiting judges in FY 2008-09. Dorfman and Wise lost their re-election races in 2008
against Democratic opponents.  
In
Fiscal Year 2009-2010, which ended Aug. 31. 2010, Justice Wilson wrote three opinions: two panel
opinions for the court and one dissenting opinion.

Recent Opinions by Senior Justice Davie Wilson in Civil Cases

Brookshire Katy Drainage District v. The Lily Gardens, LLC (Tex.App.- Houston [1st Dist.] Dec. 22,
2009)(Wilson, Davie)(
interpretation of easements)
This suit was instituted by the Brookshire Katy Drainage District (the "District"), a political subdivision of the state of Texas
located in Waller County, against Lily Gardens, LLC. The District brought suit to obtain, among other things, a declaration that a
bridge covering built by Lily Gardens upon a culvert within the District's drainage easement violates the District's easement
rights, as well as applicable rules and regulations.
The trial court granted Lily Gardens' motion for summary judgment and awarded attorneys' fees to Lily Gardens under the
Declaratory Judgments Act. In two issues, the District contends the trial court erred in: (1) granting Lily Gardens' motion for
summary judgment because the bridge covering encroaches on the District's easement rights and violates other rules and
regulations; (2) awarding attorney's fees to Lily Gardens because Lily Gardens is not entitled to fees under the Declaratory
Judgments Act.
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Judge Wilson     
Before Chief Justice Radack, Judge Wilson, Justice Hanks   
01-07-00431-CV Brookshire Katy Drainage District v. The Lily Gardens, LLC, Richard E. Fluecker and
Kenneth B. Luedecke   
Appeal from 9th District Court of Waller County
Trial Court Judge: Hon. Frederick Edwards  

Gonzalez v. AAG-Law Vegas, LLC (Tex.App.- Houston [1st Dist.] Oct. 29, 2009)(Op. on Rehearing by Davie
L. Wilson) (
accelerated, interlocutory appeal challenging denial of special appearance, minimum contacts
analysis
) (court of appeals renders judgment sustaining the special appearance) (no personal jurisdiction)
In this accelerated, interlocutory appeal, appellant, David M. Gonzalez ("Gonzalez"), challenges the trial
court's order denying his special appearance. (1) In his sole issue on appeal, Gonzales contends that he is
not amenable to service in Texas because he did not have sufficient minimum contacts with Texas to satisfy
the requirements of due process. We reverse and render. ...  Because Gonzalez did not "purposefully avail
[himself] of the privilege of conducting activities within the forum State, thus invoking the benefits and
protections of its laws," Moki Mac, 221 S.W.3d at 575 (quoting Int'l Shoe Co., 326 U.S. at 319, 66 S. Ct. at
160), Gonzalez lacks sufficient minimum contacts to support an assertion of specific jurisdiction in Texas.
Accordingly, we reverse the order of the trial court denying Gonzalez's special appearance and render
judgment sustaining the special appearance.
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by
Judge Davie L. Wilson     
Before Judge Wilson, Justices Alcala and Hanks  
01-08-00377-CV  David M. Gonzales v. AAG-Las Vegas, L.L.C., Ascent Automotive Group, L.P., KW#1
Acquisition Company, L.L.C.   
Appeal from 189th District Court of Harris County
Trial Court Judge:
Hon. William R. Burke. Jr.  

Gonzalez v. AAG-Las Vegas, LLC (Tex.App.- Houston [1st Dist.] Jun. 4, 2009)(Wilson, Davie)
(
challenge to personal jurisdiction, special appearance)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Senior Justice Davie Wilson
Before Chief Justice Radack, Judge Wilson, Justice Alcala
01-08-00377-CV David M. Gonzalez v. AAG-Las Vegas, L.L.C., Ascent Automotive Group, L.P.,
KW#1 Acquisition Company, L.L.C.
Appeal from 189th District Court of Harris County
Trial Court Judge:
Hon. William R. Burke. Jr.

TSU v. Gilford (Tex.App.-Houston [1st Dist.] Jan. 8, 2009)(Wilson)
(
TTCA, plea to the jurisdiction properly denied, University cases)
AFFIRM TC JUDGMENT: Opinion by Senior Justice Davie Wilson (The Honorable Davie L. Wilson, retired
Justice, Court of Appeals, First District of Texas, participating by assignment.)
Before Chief Justice Sherry Radack, Judge Davie Wilson, Justice Laura Carter Higley
01-08-00399-CV  Texas Southern University v. Mary Gilford
Appeal from 295th District Court of Harris County
Trial Court
Judge: Hon. Tracy Christopher
Gilford's allegations state a cause of action within the Texas Tort Claims Act's waiver of immunity arising from
some condition or some use of tangible property. The judgment of the trial court is affirmed.

Koval v. Kirkland Contractors, Inc. (Tex.App,- Houston [1st Dist.] Feb. 15, 2008)(Davie Wilson)
(
res judicata based on bankruptcy proceeding, attorney's fees probate code, waiver of issues in cross-appeal)
AFFIRM TC JUDGMENT: Opinion by Judge Davie Wilson
Before Judge Wilson, Justices Alcala and Hanks
01-06-00067-CV Linda Koval v. Henry Kirkland Contractors, Inc.
Appeal from
Probate Court No 3 of Harris County (Judge Hon. Rory R. Olsen)  
The Honorable Davie L. Wilson, retired Justice, Court of Appeals, First District of Texas at Houston,
participating by assignment.
Linda Koval, administratrix of the estate of Grant Lynn Koval ("Koval"), appeals a summary judgment
rendered in favor of Henry Kirkland Contractors, Inc. regarding a previous judgment of a bankruptcy court
relevant to the estate. The trial court additionally found and awarded attorney's fees and costs to Kirkland.
The court of appeals affirms.
Future Seat of the Houston Court of Appeals Old Harris County Civil Courthouse
Senior Justice Davie Wilson Opinions
Appellate Opinions by Senior Justice Davie Wilson
(Tex.App.- Houston [14th Dist.] 2010)
Houston Opinions
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 (former)
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 Mirabal, Margaret (visiting)
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 Wilson, Davie (visiting)
Justice Yates, Leslie Brock

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