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CONTRADICTORY PRECEDENTS The Houston Courts of Appeals do not always agree on the same legal issues, and say so expressly. In a recent second appeal from a case in which CPS sought to terminate a mother's rights, Justice Richard Edelman of the Fourteenth Court of Appeals parted ways with the First Court of Appeals and instead embraced the position of the dissenting justice on that court: "The First Court of Appeals has issued at least one opinion holding, as C.M. contends, that where a challenge to a parental termination is sustained, the appointment of DFPS as sole managing conservator must also be reversed, even though unchallenged. See Colbert v. Dep't of Family & Protective Servs., __ S.W.3d __, __ (Tex. App.-Houston [1st. Dist] 2006, no. pet.). We disagree with that holding and agree instead with the dissent in that case that where a parent fails to challenge and overturn a trial court's conservatorship decision, his or her only recourse is to seek a modification. See id. at __ (Jennings, J., dissenting)." In the Interest of J.R. and B.R., No. 14-05-01216-CV (Tex.App.- Houston [14th Dist.] Apr. 10, 2007) DFPS - Department of Family & Protective Services (CPS) Colbert v. DFPS (Tex.App.- Houston [1st Dist. Dec. 21, 2006)(majority opinion by Nuchia) Jennings Dissent in Colbert v. DFPS (Tex.App.- Houston [1st Dist. Dec. 21, 2006)(Jennings Dissent) Justice Frost criticizes peers for not addressing contradictory rulings by different panels of the Fourteenth Court of Appeals, Would grant en banc review to resolve the conflict The court hears cases in panels consisting of three justices each. A panel's decision and opinion nevertheless represents the court's disposition of the case. Here, Justice Frost notes that different panels have reached opposite conclusions on the same legal issue. En banc review provides a means to eliminate contradictory holdings and establish clear precedent. In the Interest of J.A.J., (Tex.App. - Houston [14th Dist.] May 10, 2007)(Dissenting opinion by Justice Frost)(termination of parental rights) Before Chief Justice Hedges, Justices Brock Yates, Anderson, Hudson, Fowler, Edelman, Frost, Seymore, Guzman and Mirabal 14-04-01031-CV In the Interest of J.A.J Appeal from 314th District Court of Harris County (Judge John Phillips) En banc review of this case is necessary to secure and maintain the uniformity of this court's decisions. The same issue is before the First Court of Appeals on motion for en banc rehearing. See Colbert v. Dep't of Family & Prot. Servs., (Tex.App.- [1st. Dist.] Dec. 21, 2006, no pet. h.) (Jennings, J., concurring and dissenting) UPDATE: Supreme Court resolves the conflict In Interest of J.A.J., No. 07-0511 (Tex. Nov. 2, 2007)(O'Neill)(termination of parental rights; from Harris County; 14th district (14-04-01031-CV, 225 SW3d 621, 05/10/07) |

| THE HOUSTON COURTS OF APPEALS AND THEIR MEMBERS Houston Opinions |

| WHICH FIRST COURT OF APPEALS JUSTICES ARE UP FOR RE-ELECTION IN 2008? Incumbent Justice Sam Nuchia (R) Defeated in Republican Primary Challenger: Ed Hubbard (R) Democratic Opponent: Jim Sharp (D) RESULT: Sharp wins open-seat contest; Republican incumbents prevail over Democratic challengers in other Houston appellate bench races. Justice Laura Higley (R) Democratic Challenger: Leslie C. Taylor(D) |
FOURTEENTH COURT OF APPEALS JUSTICES WHOSE TERMS EXPIRE IN 2008: Chief Justice Adele O. Hedges (R) Democratic Challenger: Joe W. Beverly Justice Kem T. Frost (R) Democratic Opponent: Martin J. Siegel(D) Unexpired Terms: Incumbent Justice William Boyce (R) Democratic opponent: Mary M. Markantonis (D) Incumbent Justice Jeff Brown (R) Democratic Challenger: Bert C. Moser (D) Justice Fowler resigned August 2008; too late for seat to be filled in November election. |
| Several members on the Houston courts of appeals are up for re-election, or must face the voters for the first time, if appointed, in order to retain their job for the remainder of the term. Challengers are shown on pages for individual justices, and below, with links to campaign websites (if any) |
| Nov. 7, 2008 - Governor appoints former District Judge Kent Sullivan to Fourteenth Court of Appeals Sep. 10, 2008 - Houston Chronicle reports that Justice Wanda Fowler resigned; Governor to name replacement as deadline for November election has passed. Recently Appointed Justice Bill Boyce delivers first civil appellate opinion Appointee Jeff Brown issues first memorandum opinion in civil case Governor appoints Jeff Brown to appeals court seat vacated by Justice Harvey Hudson Gov. nominates Bill Boyce to replace Hon. Richard Edelman on the Fourteenth Court of Appeals |
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