2008 Opinions by Justice Brock Yates in Civil Appeals Also see --> 2009 Civil Case Opinions by Justice Yates| 2007 Yates Opinions | Find more judge and court information on the houston-opinions.com home page |
| 2008 Opinions by Houston Court of Appeals Justice Leslie Brock Yates Houston Opinions |
The State of Texas, City of Rosenberg v. Bhalesha (Tex.App.- Houston [14th Dist.] Nov. 6, 2008)(Yates) (inverse condemnation, material and substantial impairment standard not satisfied, no compensable taking; order denying plea to the jurisdiction reversed) REVERSED AND RENDERED: Opinion by Justice Brock Yates Before Justices Brock Yates, Anderson and Brown 14-08-00098-CV The State of Texas and The City of Rosenberg, Texas v. Badruddin Bhalesha, and Samina Bhalesha--Appeal from 400th District Court of Fort Bend County Trial Court Judge: Clifford J. Vacek In the Interest of KY and KY (Tex.App.- Houston [14th Dist.] Nov. 6, 2008)(Yates) (termination of parental rights, chronic child abuse, death by murder of step child, admission of autopsy photos, home state jurisdiction, failure to join necessary party, waiver of error) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Brown 14-07-00866-CV In the Interest of K.Y. and K.Y., Minor Children Appeal from 300th District Court of Brazoria County Trial Court Judge: Eric Andell Allied Mortgage Capital Corp. v. Advantage Investors Mortgage Corp. (Tex.App.- Houston [14th Dist.] Oct. 14, 2008)(Yates)(termination for cause, lost record, remand for new trial on attorneys fees) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Brock Yates Before Justices Brock Yates, Anderson and Brown 14-07-00170-CV Allied Mortgage Capital Corporation and Jason Clint Price v. Advantage Investors Mortgage Corporation and Access Lending Corporation Appeal from 127th District Court of Harris County In Interest of SN, SMN, DAN (Tex.App.- Houston [14th Dist.] Oct 14, 2008)(Yates) (termination of parent's rights, constitutionality TFC § 263.405, statement of points for appeal 15 day deadline) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Anderson and Brown 14-07-00161-CV In the Interest of S.N., S.M.N., D.A.N., Children Appeal from 314th District Court of Harris County Gonzalez v. In the Estate of Gonzalez (Tex.App. - Houston [14th Dist.] Sep. 30, 2008)(Yates) (recusal order void, signed by judge while motion to recuse was pending) REVERSED AND REMANDED: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Brown 14-07-00047-CV Miguel Angel GonzalezGuilbot, Carlos A. Gonzalez Guilbot, and Maria Rosa Del Arena De Gonzalez v. In the Estate of Miguel Angel Luis Gonzalez Y Vallejo Appeal from Probate Court No 2 of Harris County Trial Court Judge: Michael James Wood Singleton v. The City of League City, TX (Tex.App.- Houston [14th Dist.] Sep. 25, 2008)(Yates) (TTCA, employee's motion to dismiss based on suit against governmental entity, mal prosectution claim) REVERSED AND RENDERED: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Brown 14-07-00932-CV Raymond A. Singleton, Walter A. Hammann IV, and The City of League City, Texas, Sued Directly and Through the League City Police Department v. Kenneth L. Casteel Appeal from 212th District Court of Galveston County Trial Court Judge: Susan Elizabeth Criss SWBT v. Harris County (Tex.App. - Houston [1st Dist.] Aug. 26, 2008)(Yates) (inverse condemnation claim, utility easement, compensable taking, jurisdiction of Harris County county courts, order granting plea to the jurisdiction reversed) REVERSED AND REMANDED: Opinion by Justice Brock Yates Before Justices Brock Yates, Anderson and Brown) 14-07-00401-CV Southwestern Bell Telephone, L.P v. Harris County Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judges: Jacqueline Lucci-Smith | Gary Block The Appraisal Review Board of HCAD v. O'Connor & Associates (Tex.App.- Houston [14th Dist.] Aug. 19, 2008)(Yates) (property tax appeal, failure to exhaust their administrative remedies before filing suit requires jurisdictional dismissal) REVERSED AND RENDERED: Opinion by Justice Leslie Brock Yates Before Justices Brock Yates, Anderson and Brown 14-07-00354-CV The Appraisal Review Board of Harris County Appraisal District, and Robert Cunningham, former Chairman v. O'Connor & Associates, Wolverine Crosby LP, E Pointe Properties I Ltd, Baker-Orr Joint Venture, and J. Frederick Welling Appeal from 127th District Court of Harris County Trial Court Judge: Sharolyn P. Wood WMC Mortgage Corp., v. Adams (Tex.App.- Houston [14th Dist.] July 3, 2008)(Yates) (real estate transaction, equitable lien) REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by Justice Brock Yates Before Judge Sears, Justices Brock Yates and Guzman 14-06-00671-CV WMC Mortgage Corp., Emmanuel D. Gaines, and Darrell Turner v. James Adams and Dorothy Adams Appeal from 127th District Court of Harris County Trial Court Judge: Sharolyn P. Wood Verm v. HCAD (Tex.App.- Houston [14th Dist.] July 1, 2008)(Yates) (property tax appeal, no denial of due process) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Brown 14-06-01046-CV Ray A Verm & Jane Verm, as the Property Owners and the Property Owners v. Harris County Appraisal District and the Appraisal Review Board of Harris County Appraisal District Appeal from 190th District Court of Harris County Trial Court Judge: Jennifer Elrod Walker In the Interest of KRS (Tex.App.- Houston [14th Dist.] June 24, 2008)(Yates) (paternity, nonpaternity, failure to present error in opening brief proves fatal to appeal, rule enforced) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Brown 14-07-00080-CV In the Interest of K.R.S., a child Appeal from 306th District Court of Galveston County Trial Court Judge: Janis Louise Yarbrough Ahmed v. Ahmed (Tex.App.- Houston [14th Dist.] June 17, 2008)(Yates) (divorce, Islamic marriage, pernup enforceability) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Brown 14-07-00008-CV Amir Ahmed v. Afreen S. Ahmed Appeal from 308th District Court of Harris County Trial Court Judge: Judge Georgia Dempster Concurring and Dissenting Opinion by Justice Guzman Approximately $14,980.00 v. The State of Texas (Tex.App. - Houston [14th Dist.] Jun. 12, 2008)(Yates) (default judgment, deemed admission, opportunity to rebut presumption of proper service) REVERSED AND REMANDED: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Brown 14-07-00164-CV Approximately $14,980.00 v. The State of Texas Appeal from 125th District Court of Harris County CONCURRING: Concurring Opinion by Justice Brown Ford Motor Co. v. Miller (Tex.App.- Houston [14th Dist.] June 10, 2008)(Yates) (asbestos jury judgment reversed) REVERSED AND RENDERED: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Brown 14-05-00026-CV Ford Motor Company v. Glen Miller Individually and as Personal Representative of the Heirs and Estate of Carolyn Miller, Deceased, Shawn Leann Dean, John Roland, and Alma Roland Appeal from 239th District Court of Brazoria County Trial Court Judge: Patrick Edward Sebesta Bennett Truck Transport, LLC v. William Brothers Construction (Tex.App. - Houston [14th Dist.] May 22, 2008)(Yates) (common carrier liability, equitable subrogation, sj reversed) REVERSED AND REMANDED: Opinion by Justice Brock Yates Before Justices Brock Yates, Fowler and Guzman 14-06-00923-CV Bennett Truck Transport, LLC v. William Brothers Construction Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: R. Jack Cagle Biosilk Spa, LP v. HG Shopping Centers, LP (Tex.App.- Houston [14th Dist.] May 8, 2008)(Yates) (fraud, fraudulent inducement, negligent misrepresentation, and promissory estoppel, no reasonable reliance) AFFIRMED: Opinion by Justice Brock Yates Before Price, Justices Brock Yates and Guzman 14-06-00986-CV Biosilk Spa, L.P., f.k.a. One Marengo, L.P. v. HG Shopping Centers, L.P. Appeal from 234th District Court of Harris County Trial Court Judge: Reese Rondon Lundy v. Masson, MD (Tex.App.- Houston [14th Dist.] Apr. 29, 2008)(Yates) (fraud, breach of fiduciary duty, BoFD, election of remedies) AFFIRMED IN PART/REVERSED AND RENDERED: Opinion by Justice Brock Yates Before Justices Brock Yates, Fowler and Guzman 14-06-00581-CV Sean Lundy v. Marcos V. Masson, M.D. and Global Orthopaedics, Inc. Appeal from 269th District Court of Harris County Trial Court Judge: John Thomas Wooldridge Simulis LLC v. GE Capital Corp. (Tex.App.- Houston [14th Dist.] Apr. 17, 2008)(Yates) (promissory note, estoppel, quantum meruit) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Brock Yates Before Justices Brock Yates, Fowler and Guzman 14-06-00701-CV Simulis, L.L.C. v. General Electric Capital Corporation Appeal from 270th District Court of Harris County Trial Court Judge: Brent Gamble Goss v. Houston Community Newspapers (Tex.App.- Houston [14th Dist.] Apr. 1, 2008)(Yates)(defamation) AFFIRMED: Opinion by Justice Brock Yates 14-06-00719-CV Randolph Goss v. Houston Community Newspapers, and Sarah Mertins Appeal from 113th District Court of Harris County Trial Court Judge: Mark Davidson Justice Yates dissents in commercial insurance coverage dispute Dissenting Opinion by Justice Brock Yates General Star Indemnity Co. v. Gulf Coast Marine Ass'n (Tex. App. - Houston [14th Dist.] Feb. 14, 2008)(Guzman) (insurance law, duty to defend, indemnify) AFFIRMED: Opinion by Justice Guzman Before Justices Brock Yates, Fowler and Guzman 14-06-00662-CV General Star Indemnity Co. v. Gulf Coast Marine Associates, Inc. Appeal from 152nd District Court of Harris County (Judge Kenneth Price Wise) Trial court denied doctors' motions to dismiss in malpractice suit, court of appeals affirms, finding that required expert reports were sufficient to satisfy requirements of tort reform statute Sanjar v. Turner (Tex.App.- Houston [14th Dist.] Feb. 19, 2008)(Yates)(HCLC, expert reports sufficient) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Fowler and Guzman 14-07-00545-CV Mansour Sanjar, M.D., and Ted W. Krell, M.D. v. Augustine Turner, Lionel Coleman, Sr., Ronniqua D. Coleman, and Laporscha Coleman, As Heirs and Representatives of the Estate of Karen Yvette Green Appeal from 215th District Court of Harris County (Judge Levi James Benton) Hornell Brewing Co., Inc. v. Lara (Tex.App.- Houston [14th Dist.] Feb. 5, 2008)(Yates) (default judgment, motion for new trial, defective product, personal injury) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Fowler and Guzman 14-06-00602-CV Hornell Brewing Co., Inc. (a/k/a Arizona) v. Modesto Tony Lara Appeal from 280th District Court of Harris County (Judge Tony Lindsay) Dissenting Opinion by Justice Fowler in Hornell Brewing Co., Inc. (a/k/a Arizona) v. Modesto Tony Lara Dumler v. Quality Work by Davidson (Tex.App.- Houston [14th Dist.] Jan. 10, 2008()(Yates) (contractor, breach of contract, attorney's fees) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Fowler and Guzman 14-06-00536-CV Thomas Dumler and Leslie Dumler v. Quality Work by Davidson and Tri-Way Enterprises Appeal from County Civil Court at Law No 2 of Harris County (Honorable Gary Michael Block) Also see ---> 2007 Civil Appellate Opinions Authored by Justice Brock Yates | 2009 Civil Court of Appeals Opinions Written by Justice Yates |
