Recent Opinions by Justice Brock Yates


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Opinions by Houston Court of Appeals
Justice Leslie Brock Yates
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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)
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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 Edelman, Richard
Justice Fowler, Wanda
Justice Frost, Kem Thompson
Justice Guzman, Eva
Justice Hanks, George C., Jr.
Chief Justice Hedges, Adele
Justice Higley, Laura Carter
Justice Hudson, Harvey J.
Justice Jennings, Terry
Justice Keyes, Evelyn
Justice Nuchia, Sam
Chief Justice Radack, Sherry
Justice Seymore, Charles
Justice Taft, Timothy (Tim)
Justice Yates, Leslie Brock

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