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. |
| Appellate Opinions by Senior Justice Davie Wilson (Tex.App.- Houston [14th Dist.] 2010) Houston Opinions |