| 2009 Opinions by Houston Court of Appeals Justice Leslie Brock Yates Houston Opinions |
2009 Civil Case Opinions Authored by Justice Leslie Brock Yates Also see --> Most Recent Civil Appellate Opinions by Justice Yates In re Strebel (pdf) (Tex.App.- Houston [14th Dist.] Dec. 31, 2009)(Yates) (mandamus re order for deposit of $250,000 into registry denied) MOTION OR WRIT DENIED: Opinion by Justice Brock Yates Before Justices Brock Yates, Frost and Brown) 14-09-00819-CV In Re Douglas W. Strebel Appeal from 10th District Court of Galveston County Trial Court Judge: Honorable David Garner Ex parte Strebel (Tex.App.- Houston [14th Dist.] Dec. 31, 2009)(Yates) MOTION OR WRIT DENIED: Opinion by Justice Brock Yates Before Justices Brock Yates, Frost and Brown) 14-09-00820-CV Ex Parte Douglas W. Strebel Appeal from 10th District Court of Galveston County Trial Court Judge: Hon. David Garner O and B Farms, Inc.v. Black (Tex.App.- Houston [14th Dist.] Oct. 29, 2009)(Yates) (fraud and civil conspiracy claims award of attorney's fees, exemplary damages reversed) (breach of contract damages proven)(contingency fee contract insufficient to establish reasonable attorney's fees) AFFIRMED AS MODIFIED: Opinion by Justice Brock Yates Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00595-CV O and B Farms, Inc., and B and O Farms, LLC v. Eldon Jay Black, Kevin Lee Donahoo, Thomas David Horrell, Jr., Charles Richard Weeks, Ronald Russell Swisshelm, and Casey Ross Gray Appeal from 220th District Court of Hamilton County Trial Court Judge: Hon. James E. Morgan TABC v. AGA Trading, Inc. (Tex.App.- Houston [14th Dist.] Oct. 8, 2009)(Yates) (alcoholic beverage license cancellation, liquor licences revocation, notice issue, default agency order) REVERSED AND RENDERED: Opinion by Justice Brock Yates Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00151-CV Texas Alcoholic Beverage Commission v. AGA Trading Inc., d/b/a San Diego Food Mart Appeal from 434th Judicial District Court of Fort Bend County Trial Court Judge: The Honorable James H Shoemake Chenault v. Banks (Tex.App.- Houston [14th Dist] Aug. 20, 2009) (Yates) (calculation of child support arrearage and interest, no trial court discretion) REVERSED AND REMANDED: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Sullivan 14-07-01094-CV Deborah Chenault f/k/a Deborah Paul v. Patricia Banks, Independent Executrix for the Estate of Horace A. Paul Jr., Deceased Appeal from 246th District Court of Harris County Trial Court Judge: Jim York Lerner, MD v. First Commerce Bank (Tex.App.- Houston [14th Dist] Sep. 10, 2009)(Yates) (claim based on bank's failure to honor check time-barred, 4-year statute of limitations for breach of contract) AFFIRMED: Opinion by Justice Brock Yates Before Chief Justice Hedges, Justices Brock Yates and Frost 14-07-01084-CV Marvin W. Lerner, MD v. First Commerce Bank Appeal from County Court at Law No 3 & Probate Court of Brazoria County In Interest of MV, MV and EV (Tex.App.- Houston [14th Dist.] Sep. 1, 2009)(Yates) (child support arrearage based on nunc-pro-tunc judgment, amount of child support had not been filled in on the original order) (effective date of nunc pro tunc judgment as to support amount) (clerical error vs. judicial error, NPT order adding monthly amount to blank space on original decree not deemed judicial error) (void judgments and orders) AFFIRMED: Opinion by Justice Brock Yates Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00418-CV In the Interest of M.V, M.V. and E.V. Appeal from 311th District Court of Harris County Trial Court Judge: DOUGLAS C. WARNE Nogle & Black Aviation, Inc. v. Faveretto (Tex.App.- Houston [14th Dist.] July 30, 2009)(Suppl. op. on rehearing by Yates) Suppl. op. on rehearing by Yates) (documents only attached to brief but not part of record not to be considered, absence of findings of facts and conclusions of law, basis for exercise of personal jurisdiction)(case with multiple appeals) OVERRULED: Opinion by Justice Brock Yates Before Justices Brock Yates, Seymore and Boyce 14-08-00272-CV Nogle & Black Aviation, Inc. and Charles Judson Nogle v. Anna Maria Faveretto as Next Friend of Alejandro Migliori and Mariana Migliori, Minors, Americo Migliori as Administrator of the Estate of Peitro Foster Migliori Appeal from Probate Court No 1 of Harris County Trial Court Judge: RUSSELL P. AUSTIN Anglo-Dutch Petroleum Int., Inc. (Tex.App.- Houston [14th Dist.] Jul. 23, 2009) (breach of contract claim, counterclaims for breach of fiduciary duty, conversion, estoppel, unjust enrichment, breach of the duty of good faith and fair dealing, fraud, negligent misrepresentation, constructive fraud, money had and received, assumpsit, quantum meruit, and constructive trust. AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Sullivan 14-07-00959-CV Gerald M. Walston, Ben C. Morris and William L. Childress v. Anglo-Dutch Petroleum (Tenge L.L.C., Anglo-Dutch Petroleum International, Inc. and Scott V. Van Dyke Appeal from 157th District Court of Harris County Trial Court Judge: Randy Wilson Loposer v. HCAD (Tex.App.- Houston [1st Dist.] Jul. 21, 2009)(Yates) (tax appraisal appeal, agreement on appraisal value of home precludes subsequent appeal) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Sullivan 14-07-00956-CV Timothy C. & Leeann Loposer v. Harris County Appraisal District and The Appraisal Review Board of Harris County Appraisal District Appeal from 80th District Court of Harris County Trial Court Judge: LYNN M. BRADSHAW-HULL Approx. $5,602 v. State of Texas (Tex.App.- Houston [14th Dist.] Jul. 2, 2009)(Yates) (forfeiture proceeding)(discovery sanctions, death-penalty sanctions) (preservation of error for appeal) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Sullivan 14-08-00359-CV Approximately $5,602.00 v. The State of Texas Appeal from 55th District Court of Harris County Trial Court Judge: PUTNAM REITER In Re CMD (Tex.App.- Houston [14th Dist.] Jun. 25, 2009)(Yates) (paternity, nonpaternity, adoption: constitutionality of paternity registry statute) Decision: TRIAL COURT REVERSED AND CASE AND REMANDED: Opinion by Justice Leslie Brock Yates Panel members: Before Chief Justice Hedges, Justices Brock Yates and Guzman 14-08-00113-CV In Re C.M.D. Appeal from 328th District Court of Fort Bend County Trial Court Judge: Ronald R. Pope Texoma Advertising Co., LP v. The Siblings, LLC (Tex.App.- Houston [14th Dist.] Jun. 16, 2009)(Yates) (lease agreement for advertising disputed, actual or constructive knowledge, statute of frauds conveyance of interest in real estate, ratification of disputed contract, acceptance of benefits under it with knowledge of its terms) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Sullivan 14-08-00602-CV Texoma Advertising Co., L.P. v. The Siblings, L.L.C. Appeal from 354th District Court of Rains County Trial Court Judge: Judge Richard A. Beacom Jr. Dowell v. Theken Spine, LLC (Tex. App. - Houston [14th Dist.] Jun. 2, 2009)(Yates) (notice of hearing on motion for summary judgment, motion for continuance) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Sullivan 14-07-00887-CV Tanya E. Dowell v. Theken Spine, L.L.C Appeal from 129th District Court of Harris County Trial Court Judge: Samuel Grant Dorfman Weissman v. Unifund CCR Partners (Tex.App.- Houston [14th Dist.] Apr. 2, 2009)(Yates) (debt collection suit, FDCPA claim) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Seymore and Boyce 14-07-00863-CV Janice M. Weissman v. Unifund CCR Partners Assignee of Discover Appeal from County Civil Court at Law No 3 of Harris County Trial Court Judge: Linda Storey Almeron v. T-Mobile West Corp. (Tex.App.- Houston [14th Dist.] Feb. 19, 2009)(Yates) (appeal from JP court) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Seymore and Boyce 14-07-00524-CV Carlos Salmeron v. T-Mobile West Corporation Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: R. Jack Cagle Also see --> 2008 Civil Appellate Opinions by Justice Leslie Yates 2007 Opinions by Justice Leslie B. Yates in Civil Appeals |
