| 2007 Dissents and Concurrences In the Houston Courts of Appeals |
2007 CASES WITH CONCURRING OR DISSENTING OPINIONS, OR BOTH Also see --> 2008 CASES WITH DISSENTING / CONCURRING OPINIONS Also see --> 2009 CASES WITH DISSENTING / CONCURRING OPINIONS CAVEAT: Not an exhaustive listing Supermercado Teloloapan, Inc. v. City of Houston (Tex.App.- Houston [14th Dist.] Dec. 18, 2007)(Hedges)(government entities, regulation, declaratory judgment, UDJA) AFFIRMED: Opinion by Chief Justice Hedges, Dissenting Opinion by Justice Edelman Before Chief Justice Hedges, Justices Fowler and Edelman 14-06-00472-CV Supermercado Teloloapan, Inc. d/b/a Teloloapan Meat Market v. City of Houston Appeal from 80th District Court of Harris County (Hon. Kent Sullivan) Justice Edelman dissented in Supermercado Teloloapan, Inc. v. City of Houston (Tex.App.- Houston [14th Dist.] Dec. 18, 2007)(Dissenting Opinion by Justice Edelman) (exhaustion of administrative remedies, exclusive jurisdiction doctrine) Rakowski v Committe to Protect Clear Creek Village (Tex.App.- Houston [14th Dist.] Dec. 20, 2007)(Plurality opinion by Edelman)(real estate law, title, deed restrictions, restrictive covenants, commercial use,. recreational use) AFFIRMED: Opinion by Justice Edelman Before Justices Fowler, Edelman and Frost 14-05-01143-CV Robert A. Rakowski and Clear Creek Civic Association, Inc. v. Committee to Protect Clear Creek Village Homeowners' Rights and Preserve our Park Appeal from 405TH District Court of Galveston County (Hon. Wayne J. Mallia) Justice Frost wrote separately in Rakowski v Committee to Protect Clear Creek Village (Tex.App.- Houston [14th Dist.] Dec. 20, 2007)(Concurring and Dissenting Opinion by Justice Frost) Williams v. Williams (Tex.App.- Houston [Nov. 29, 2007)(Fowler)(divorce, prenuptial agreement) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Fowler Before Justices Fowler, Edelman and Frost 14-05-00975-CV Mona Ellen Williams v. Billy Jack Williams Appeal from 328th District Court of Fort Bend County (Hon. Ronald R. Pope) Edelman dissented in Williams v. Williams (Tex.App. - Houston [14th Dist.] Nor. 29, 2007)(Dissent by Edelman)(prenup, separate or community property) Inliner Americas, Inc. v. Macomb Funding Group, LLC (Tex.App.- Houston [14th Dist.] Oct. 16, 2007)(Guzman)(deadline for filing permissive interlocutory appeal) DISMISSED: Opinion by Justice Guzman Before Chief Justice Hedges, Justices Hudson and Guzman 14-06-01084-CV INLINER AMERICAS, INC. N/K/A FIRSTLINER AMERICAS, INC., INLINER USA, INC., N/K/A FIRSTLINER USA, INC., and CAT CONTRACTING, INC. v. MACOMB FUNDING GROUP, L.L.C--Appeal from 127th District Court of Harris County (Hon. Sharolyn P. Wood) Dissenting Opinion by Chief Justice Hedges Anglo-Dutch Petro Int., Inc. v. Littlemill Ltd. (Tex.App.- [14th Dist.] Oct. 2, 2007)(Anderson)(BoC, fees) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Anderson Before Justices Anderson, Hudson and Fowler 14-06-00921-CV Anglo - Dutch Petroleum International, Inc. and Anglo - Dutch (Tenge) LLC v. Littlemill Limited Appeal from 152nd District Court of Harris County (Hon. Kenneth Price Wise) Concurring Opinion by Justice Fowler (disagreement on attorney's fee issue) Before Justices Anderson, Hudson and Fowler 14-06-00921-CV Anglo - Dutch Petroleum International, Inc. and Anglo - Dutch (Tenge) LLC v. Littlemill Limited--Appeal from 152nd District Court of Harris County (Judge Kenneth P. Wise) Green v. Alford (Tex.App.- Houston [14th Dist.] Mar. 27, 2007)(Hudson) (fire truck accident, negligence, official immunity) REVERSED AND RENDERED: Opinion by Justice Hudson (see subsequent superseding opinion vacating this one) Before Justices Anderson, Hudson and Guzman 14-05-00407-CV Christopher Green v. Dwainia Alford, Individually and as Next Friend of Aaron Alford and Ronald Alford Appeal from 152nd District Court of Harris County Justice Guzman dissented in Green v. Alford (Tex.App.- Houston [14th Dist.] Mar. 27, 2007)(Dissent by Guzman) Inliner Americas, Inc. v. Macomb Funding Group, LLC (Tex.App.- Houston [14th Dist.] Oct. 16, 2007)(Guzman)(deadline for filing permissive interlocutory appeal) DISMISSED: Opinion by Justice Guzman Before Chief Justice Hedges, Justices Hudson and Guzman 14-06-01084-CV INLINER AMERICAS, INC. N/K/A FIRSTLINER AMERICAS, INC., INLINER USA, INC., N/K/A FIRSTLINER USA, INC., and CAT CONTRACTING, INC. v. MACOMB FUNDING GROUP, L.L.C Appeal from 127th District Court of Harris County (Hon. Sharolyn P. Wood) Dissenting Opinion by Chief Justice Hedges Chrismon v. Brown (Tex.App.- Houston [14th Dist.] Sep. 27, 2007)(Frost)(negligence, sports injury) AFFIRMED: Opinion by Justice Frost Before Justices Fowler, Edelman and Frost 14-05-00822-CV Robin Chrismon and Lonnie Chrismon v. Harold J. Brown, Individually and as an Agent of Registered Teams of the Amateur Softball Association of America, and Registered Teams of the Amateur Softball Association of America Appeal from 127th District Court of Harris County (Hon. Sharolyn P. Wood) Dissenting Opinion by Justice Edelman (inherent risk standard) Goss v. Kellogg Brown and Root, Inc. (Tex.App.- Houston [14th Dist.] Aug. 16, 2007)(Edelman) (personal injury, industrial accident, explosion) AFFIRMED: Opinion by Justice Edelman Before Justices Anderson, Edelman and Frost 14-05-00050-CV Armon Alan Goss and Theresa Ann Goss, Bryan Hall, Carol Hall , sean Hall, Shane Hall, Roby G. Plemons, Karne Plemons, Jessica Plemons, Jeffery C. Kuper, Diane Kuper, Sarah Kuper, Erin Kuperl & Pacific Employers Ins. Co. v. Kellogg Brown and Root Inc., individually and as successor in interest to the M.W. Kellogg Company Appeal from 215th District Court of Harris County (Judge Levi James Benton) Concurring Opinion by Justice Frost Moon v. Lesikar (Tex.App.- Houston [14th Dist.] Jul. 10, 2007)(Hudson)(family trust, standing) AFFIRMED: Opinion by Justice Hudson Before Justices Anderson, Hudson and Guzman 14-05-00677-CV Carolyn Ann Lesikar Moon, Individually and a Named Trustee of the Carolyn Ann Appeal from 149th District Court of Brazoria County (Judge Robert May) Lesikar Moon Special Trust v. Woody K. Lesikar, Individually, as Trustee of the Woodrow v. Leiskar Family Trust, et al Appeal from 149th District Court of Brazoria County (Judge Robert May) Concurring Opinion by Justice Guzman in Moon v. Lesikar (Tex.App.- Houston [14th Dist.] Jul. 10, 2007)(Guzman, concurring) McAlester Fuel Co. v. Smith International Inc. (Tex.App.- Houston [1st Dist.] Jul. 26, 2007)(commercial dispute, BoC, DTPA, release, jury instruction) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Nuchia, Jennings and Higley 01-05-00468-CV McAlester Fuel Company v. Smith International, Inc., d/b/a Smith Services Appeal from 11th District Court of Harris County (Hon. Mark Davidson) Jennings Dissent in McAlester Fuel Co. v. Smith International Inc. (Tex.App.- Houston [1st Dist.] Jul. 26, 2007) Justices disagree on delinquent tax penalties and interest in tax suit HISD v. Old Farms Owners Ass'n (Tex.App.- Houston [1st Dist.] Jul. 26, 2007)(Higley)(tax suit, penalties and interest) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley Before Chief Justice Radack, Justices Keyes and Higley 01-04-00538-CV Houston Independent School District, et al., v. Old Farms Owners Association, Inc., et al., Appeal from 270th District Court of Harris County (Hon. Brent Gamble) Dissenting Opinion by Justice Keyes in HISD v. Old Farms Owners Association (Tex.App.- Houston [1st Dist.] Jul. 26, 2007) In the Interest of J.A.J. (Tex.App. - Houston [14th Dist.] May 10, 2007)(Frost) (criticism of failure of en banc court to resolve conflict among panels, under same factual circumstances different panel had reach opposite conclusion) DISSENTING: Opinion by Justice Frost 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) Holt v. Cecyco Corp. (Tex.App.- Houston [1st Dist.] Apr. 27, 2007)(Taft) [enforcement of old judgment, capacity, turnover relief] REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Taft Before Justices Taft, Keyes and Hanks 01-05-01194-CV William Gregory Holt v. Cedyco Corporation Appeal from County Civil Court at Law No 1 of Harris County (Judge Jack Cagle) Justice Keyes dissented in Holt v. Cedyco Corp. Exxon Mobil Corp. v. Altimore (Tex.App. - Houston [14th Dist.] Apr. 19, 2007)(Anderson)(substitute opinion on second motion for rehearing, asbestos liability, no duty owed, appeals courts reversed judgment for plaintiff on jury verdict) REVERSED AND RENDERED: Opinion by Justice Anderson Before Justices Anderson, Edelman and Seymore 14-04-01133-CV Exxon Mobil Corporation v. Louise Altimore Appeal from 405TH District Court of Galveston County Justice Seymore wrote a concurring opinion in Exxon v. Altimore Green v. Alford (Tex.App.- Houston [14th Dist.] Mar. 27, 2007)(Dissent by Guzman) (PI, firefighter liability, official immunity, good faith) NOTE: Majority's opinion later withdrawn and substituted by Guzman's opinion Green v. Alford (Tex.App.- Houston [14th Dist.] Mar. 27, 2007)(Hudson) REVERSED AND RENDERED: Opinion by Justice Hudson Before Justices Anderson, Hudson and Guzman 14-05-00407-CV Christopher Green v. Dwainia Alford, Individually and as Next Friend of Aaron Alford and Ronald Alford Appeal from 152nd District Court of Harris County (Judge Kenneth Price Wise) Sturm v. Muens (Tex.App.- Houston [14th Dist.] Mar. 8, 2007)(Edelman) (promissory note, counterclaim, usury, fraud) REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by Justice Edelman Before Justices Anderson, Edelman and Frost 14-04-00917-CV Lawrence Edward Stirm, Sr. v. Guenther Muens Appeal from 151st District Court of Harris County Trial Court Judge: Caroline Elizabeth Baker Dissenting Opinion by Justice Frost Mosqueda v. G&H Diversified Mfg. L.P. (Tex.App.- Houston [14th Dist.] Jan. 31, 2007)(Seymore) (pet. filed and briefing on the merits requested - Tex. No. 07-0342) [PI, workplace injury, workers comp, exclusive remedy, borrowed employee] AFFIRMED: Opinion by Justice Seymore Before Justices Edelman, Frost and Seymore 14-04-00183-CV Guillermina Mosqueda v. G & H Diversified MFG., Inc. and Pacesetter Personnel Service, Inc. Appeal from 281st District Court of Harris County (Jane Nenninger Bland) Mosqueda v. G&H Diversified MFG (Tex.App.- Houston [14th Dist.] Jan. 31, 2007)(concurring opinion by Seymore) CONCURRING: Concurring Opinion by Justice Seymore Before Justices Edelman, Frost and Seymore 14-04-00183-CV Guillermina Mosqueda v. G & H Diversified MFG., Inc. and Pacesetter Personnel Service, Inc. Appeal from 281st District Court of Harris County (District Judge Jane Nenninger Bland) Mosqueda v. G&H Diversified MFG (Tex.App.- Houston [14th Dist.] Jan. 31, 2007)(dissenting opinion by Edelman) Tello v. Bank One, NA (Tex.App.- Houston [14th Dist.] Jan. 9, 2007, no. pet. )(Seymore) (auto lease, DTPA) (vehicle lease, breach of contract, fraud, DTP) AFFIRMED: Opinion by Justice Seymore (Before Justices Hudson, Frost and Seymore) 14-04-00888-CV Pablo Tello v. Bank One, N.A.: Banc One Texas Leasing Corp Appeal from County Civil Court at Law No 2 of Harris County (Judge Gary Michael Block) Dissenting Opinion by Justice Frost Sharma v. Vinmar International, No. 14-05-01088-CV (Tex.App.- Houston [14th Dist.] Jan. 25, 2007)(Anderson) (temporary injunction appeal, accelerated) AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Hudson and Guzman 14-05-01088-CV Ravin Sharma, Ashvin Dhingra, Amit Bansal, James Rew, Chemtrade Solutions, Inc., Yang Woo Chemical America, Inc., and J& J Chemtrading v. Vinmar International, LTD Appeal from 333rd District Court of Harris County (Judge not shown on docket) Separate opinion in Sharma v. Vinmar International (Tex.App.- Houston [14th Dist.] Jan. 25, 2007)(separate opinion by Guzman) Concurring and Dissenting Opinion by Justice Guzman Harveston Securities Inc. v. Narnia Investments Ltd. (Tex.App.- Houston [14th Dist.] Jan. 11, 2007)(Frost) (restricted appeal, default judgment, sufficiency of service) REVERSED AND REMANDED: Opinion by Justice Frost Before Justices Anderson, Edelman and Frost 14-05-00206-CV Harveston Securities Inc. v. Narnia Investments L.T.D. Appeal from 270th District Court of Harris County Dissenting Opinion by Justice Edelman In Harveston Securities Inc. v. Narnia Sharma v. Vinmar International, No. 14-05-01088-CV (Tex.App.- Houston [14th Dist.] Jan. 25, 2007)(Anderson) (appeal of temporary injunction accelerated, interlocutory appeals) AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Hudson and Guzman 14-05-01088-CV Ravin Sharma, Ashvin Dhingra, Amit Bansal, James Rew, Chemtrade Solutions, Inc., Yang Woo Chemical America, Inc., and J& J Chemtrading v. Vinmar International, LTD Appeal from 333rd District Court of Harris County (Judge not shown on docket) Separate opinion in Sharma v. Vinmar International (Tex.App.- Houston [14th Dist.] Jan. 25, 2007)(separate opinion by Guzman) Concurring and Dissenting Opinion by Justice Guzman WesternGeco, LLC v. Input/Output (Tex.App.- Houston [14th Dist.] Jan. 24, 2007)(Frost)(settlement agreement) AFFIRMED IN PART/REVERSED AND RENDERED: Opinion by Justice Frost Before Justices Frost, Seymore and Guzman WesternGeco, L.L.C. and Schlumberger Technology Corporation v. Input/Output, Inc. Appeal from 164th District Court of Harris County (Judge Martha Hill Jamison) Concurring opinion by Justice Guzman Warwick Towers Council of Co-Owners v. Sydow 218 S.W.3d 149 (Tex.App.- Houston [14th Dist.] Jan. 11, 2007, pet. granted)(Edelman) AFFIRMED: Opinion by Justice Edelman Before Justices Hudson, Edelman and Seymore 14-05-00254-CV Warwick Towers Council of Co-Owners v. Michael D. Sydow Et Al Appeal from 113th District Court of Harris County Dissenting Opinion by Justice Seymore Subsequent Texas Supreme Court opinion: Warwick Towers Council of Co-Owners v. Park Warwick LP, No. 07-0384 (Tex. Jan 25, 2008)(per curiam) (insurance law, sufficiency, effectiveness of notice of appeal in insured's name)(reversing court of appeals) WARWICK TOWERS COUNCIL OF CO-OWNERS, BY AND THROUGH ST. PAUL FIRE & MARINE INSURANCE COMPANY v. PARK WARWICK, L.P., PARK WARWICK INVESTMENTS, L.L.C., AND PARK HOTEL INVESTMENTS, L.L.C.; from Harris County; 14th district (14-05-00254-CV, 218 S.W.3d 149, 01-11-2007) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court. Yasuda Fire and Marine Insurance Company of America v. Criaco (Tex.App.- Houston [14th Dist.] Jun. 7, 2007)(Frost) (insurance law, PI-auto, workers comp, UIM coverage, settlement agreement, Rule 11, standing, attorney's fee recovery) REVERSED AND RENDERED: Opinion by Justice Frost Before Justices Anderson, Edelman and Frost 14-05-00851-CV Yasuda Fire and Marine Insurance Company of America, Sompo Japan Insurance Co. of America v. Miller Criaco d/b/a Criaco & Corteguera Appeal from 405th District Court of Galveston County (Judge Wayne J. Mallia) Dissenting Opinion by Justice Edelman Yasuda Fire and Marine Ins. Co. of America v. Criaco (Edelman, dissenting) Sharma v. Vinmar International, No. 14-05-01088-CV (Tex.App.- Houston [14th Dist.] Jan. 25, 2007)(Anderson) (temporary injunction appeal, accelerated) AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Hudson and Guzman 14-05-01088-CV Ravin Sharma, Ashvin Dhingra, Amit Bansal, James Rew, Chemtrade Solutions, Inc., Yang Woo Chemical America, Inc., and J& J Chemtrading v. Vinmar International, LTD Appeal from 333rd District Court of Harris County (Judge not shown on docket) Separate opinion in Sharma v. Vinmar International (Tex.App.- Houston [14th Dist.] Jan. 25, 2007)(separate opinion by Guzman) Davis v. Webb (Tex.App.- Houston [14th Dist.] Jan. 22, 2007) (Guzman) (HCLC, expert report) AFFIRMED: Opinion by Justice Guzman Before Price, Chief Justice Hedges, Justice Guzman 14-07-00331-CV William Davis v. John Q.A. Webb, Jr., M.D. Appeal from 215th District Court of Harris County (Hon. Levi Benton) Concurring Opinion by Price |
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