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| Opinions by Houston Court of Appeals Justice Leslie Brock Yates Houston Opinions |
2008 Opinions by Justice Leslie B. Yates in Civil Appeals 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, 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) 2007 Civil Appellate Opinions Authored by Justice Brock Yates In Interest of S.R.L (Tex.App.- Houston [14th Dist.] Nov. 8, 2007)(Yates)(termination of parental rights reversed, best interest element not satisfied, trial court was conflicted and felt compelled by law to terminate parental rights) REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by Justice Brock Yates Before Justices Brock Yates, Fowler and Guzman 14-06-00659-CV In the Interest of S.R.L., and L.L., Children Appeal from 387th District Court of Fort Bend County (Hon. Robert J. Kern) Sandel v. ATP Oil & Gas Corp. (Tex.App.- Houston [14th Dist.] Oct. 30, 2007)(Yates)(employment, stock options plan, promissory estoppel) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Edelman and Seymore 14-06-00323-CV Charles Sandel v. ATP Oil & Gas Corporation Appeal from 157th District Court of Harris County (Hon. Randall Wilson) Markette v. X-ray X-Press (Tex.App. - Houston [14th Dist.] Oct. 18, 2007)(Yates)(Substitute opinion on rehearing)(special appearance, no personal jurisdiction) REVERSED AND RENDERED: Opinion by Justice Brock Yates Before Justices Brock Yates, Edelman and Seymore 14-07-00146-CV Robert P. Markette, Jr. and Gilliland & Caudill, L.L.P. v. X-Ray X-Press Corporation Appeal from 165th District Court of Harris County (Hon. Elizabeth Ray) Walgreen Co. v. Hieger (Tex.App.- Houston [14th Dist.] Oct. 11, 2007)(Yates)(HCLC, expert report) REVERSED AND REMANDED: Opinion by Justice Brock Yates Before Justices Brock Yates, Frost and Seymore 14-06-00962-CV Walgreen Company v. Cynthia Hieger and Roy C. Heiger, Both Individually and as next friend of David C. Heiger, A Minor Appeal from 281st District Court of Harris County (Judge David J. Bernal) Dissenting Opinion by Justice Seymore Armstrong v. Harris (Tex.App.- Houston [14th Dist.] Oct. 2, 2007)(Yates)(forcible detainer) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Edelman and Seymore 14-06-00491-CV Robert Lee Armstrong, Jr. v. Eddie Mae Harris Appeal from County Court at Law No 1 of Galveston County (Hon. Mary Nell Crapitto) Sanctions Award for Filing of Lis Pendens Reversed Parker v. Walton (Tex.App.- Houston [14th Dist.] Aug. 28, 2007)(Yates)(divorce, lis pendens, sanctions) REVERSED AND RENDERED: Opinion by Justice Brock Yates Before Justices Brock Yates, Edelman and Seymore 14-06-00095-CV Mary Ann Parker v. Sheryl King Walton Appeal from County Court No. 3 of Galveston County (Hon. Roy M. Quintanilla) Solutioneers Consulting, LTD. v. Gulf Greyhound Partners, LTD (Tex.App.- Houston [14th Dist.] Aug 23, 2007)(Yates)(fraud, breach of contract, excuse) AFFIRMED IN PART/REVERSED AND RENDERED: Opinion by Justice Brock Yates Before Justices Brock Yates, Frost and Seymore 14-06-00032-CV Solutioneers Consulting, LTD., Tom Haynes and T&S Haynes Enterprises, LLC D/B/A Mission Control v. Gulf Greyhound Partners, LTD Appeal from 56th District Court of Galveston County (Hon. Lonnie Cox) Markette v. X-Ray (Tex.App.- Houston [14th Dist.] Aug. 30, 2007)(Yates)(first, superseded opinion) [special appearance, personal jurisdiction] REVERSED AND RENDERED: Opinion by Justice Brock Yates Before Justices Brock Yates, Edelman and Seymore 14-07-00146-CV Robert P. Markette, Jr. and Gilliland & Caudill, L.L.P v. X-Ray X-Press Corporation Appeal from 165th District Court of Harris County (Hon. Elizabeth Ray) End Users, Inc. v. System Supply for End Users, Inc. (Tex.App.- Houston [14th Dist.] Sep. 27, 2007)(Yates) AFFIRMED AS MODIFIED: Opinion by Justice Brock Yates Before Justices Brock Yates, Edelman and Seymore 14-06-00833-CV End Users, Inc. v. System Supply For End Users, Inc. Appeal from 157th District Court of Harris County (Hon. Randall Wilson) Ritchie v. Dr. Yazdi, Apple Dentists, PLLC (Tex.App.- Houston [14th Dist.] May 22, 2007)(Yates)(HCLC) [dentist malpractice, negligence, no DTPA against physician, interest on judgment] AFFIRMED AS MODIFIED: Opinion by Justice Brock Yates Before Justices Brock Yates, Anderson and Hudson 14-05-01232-CV Lycett Ritchie v. Dr. Neshat Yazdi, Apple Dentists, PLLC & Dr. Fatemah Bijan Appeal from 281st District Court of Harris County (Hon. David J. Bernal) [Grudging] Acceptance of Change in Compensation Policy Bars At-will Employee's Suit to Collect Commission Under Prior Policy - Economic Duress Argument Does Not Fly Perkins v. Ulrich (Tex.App.- Houston [14th Dist.] Apr. 24, 2007)(Yates) (employment at will) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Anderson and Hudson 14-05-00992-CV Anthony Perkins v. William Ulrich d/b/a Morrison Homes and George Wimpey of Texas Corp.--Appeal from 215th District Court of Harris County (name of judge not shown on docket) Fletcher v. Harris (Tex.App.- Houston [14th Dist.] Apr. 19, 2007)(Yates) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Anderson and Hudson 14-05-00998-CV Marvin V. Fletcher v. Willie T. Harris Appeal from Probate Court No 4 of Harris County The Cadle Company v. Salazar (Tex.App.- Houston [14th Dist.] Apr. 17, 2007)(Yates) [debt, promissory note, limitations, admission of evidence on acceleration against party opponent, not hearsay] AFFIRMED: Opinion by Justice Brock Yates Before Chief Justice Hedges, Justices Fowler and Edelman 14-05-01052-CV The Cadle Company v. Luis Salazar Appeal from 212th District Court of Galveston County (Judge Susan Elizabeth Criss) Rogers v. Texas Sterling Construction (Tex.App.- Houston [14th Dist.] Mar. 29, 2007) (Justice Brock Yates) (wrongful death SJ, premises liability suit, control) AFFIRMED: Opinion by Justice Brock Yates (Before Justices Brock Yates, Anderson and Hudson) 14-05-01061-CV David Rogers, Individually and as Representative of the Estate of Leroy Brown v. Texas Sterling Construction, L.P. a/k/a Texas Sterling Construction Inc. a/k/a Texas Sterling, L.P. Appeal from 55th District Court of Harris County BDB Interests, LC v. Arcadia Finanical Ltd. (Tex.App.- Houston [14th Dist.] Mar. 29, 2008)(subst. op. by Yates) (commercial law, auto financing, breach of contract) AFFIRMED: Opinion by Justice Brock Yates Before Chief Justice Hedges, Justices Brock Yates and Seymore) 14-06-00055-CV BDB Interests, L.C. d/b/a Gulf Coast Nissan and Steve Blanchard Nissan v. Arcadia Financial LTD. Appeal from County Court at Law No 1 & Probate Ct of Brazoria County (Judge Jerri Lee Mills) McReynolds v Elston (Tex.App.- Houston [14th Dist.] Mar. 27, 2007)(Yates)(arbitration) REVERSED AND REMANDED: Opinion by Justice Brock Yates Before Justices Brock Yates, Anderson and Hudson 14-06-00974-CV L. Bland McReynolds and Judith Bauman v. Lanelle Elston Appeal from 129th District Court of Harris County Broesche v. Jacobson (Tex.App.- Houston [14th Dist.] Mar. 8, 2007)(Justice Yates) [family law, divorce, interpretation of decree, interpleader, sanctions] This appeal arises out of a dispute between appellant Rebecca L. Broesche and appellee John Daniel Jacobson over the interpretation of their 1993 divorce decree. In ten issues, Broesche claims the trial court erred in (a) its interpretation of the decree, (b) awarding attorneys' fees and sanctions against her, and (c) entering a turnover judgment awarding funds interpleaded by appellant Texas Independent Exploration, Inc. ("TIE") to Jacobson. We affirm in part and reverse and remand in part. Ataya v. State of Texas (Tex.App.- Houston [14th Dist.] Feb. 13, 2007)(Yates)(post-answer default, MNT) AFFIRMED: Opinion by Justice Brock Yates (Before A, Justices Brock Yates and Seymore) 14-05-01264-CV Wafic Tawfic Ataya, Sawssan Ataya a/k/a Sawssan Mohamad Elehikh-Issa and Victory Wholesale, Inc. v. The State of Texas Appeal from 334th District Court of Harris County (Judge Sharon McCally) BDB Interests LC v. Arcadia Financial LTD (Tex.App.- Houston [14th Dist.] Jan. 25, 2007)(Justice Yates) (superseded opinion) In Interest of RAP, II (Tex.App.- Houston [14th Dist.] Jan. 25, 2007)(Yates) [termination of parental rights of mother, father custody] AFFIRMED: Opinion by Justice Brock Yates (Before Chief Justice Hedges, Justices Brock Yates and Seymore) 14-06-00109-CV In the Interest of R.A.P. II, a Child Appeal from 310th District Court of Harris County (Judge Lisa A. Millard) Zarzana v. Ashley (Tex.App.- Houston [14th Dist.] Jan. 23, 2007)(Yates) (DTPA, counterfeit inspection sticker, fraud, negligent supervision) AFFIRMED: Opinion by Justice Brock Yates Before Chief Justice Hedges, Justices Brock Yates and Seymore 14-06-00100-CV Sam Zarzana v. Donald Ashley and Charles Ashley d/b/a Meineke Car Care #10 Appeal from 190th District Court of Harris County (Hon. Jennifer Elrod Walker) Heggen v. Graybar Electric Co. (Tex.App.- Houston [14th Dist.] Jan. 9, 2007)(Yates) [default judgment, sufficiency of service, defective service of citation) AFFIRMED: Opinion by Justice Brock Yates (Before Chief Justice Hedges, Justices Brock Yates and Seymore) 14-06-00058-CV Allen Heggen and Paula Heggen v. Graybar Electric Company, Inc. Appeal from 234th District Court of Harris County (Judge Reese Rondon) |