| Dissents and Concurrences In the Houston Courts of Appeals |
In Re Hicks (Tex.App. - Houston [14th Dist.] Sep. 25, 2008)(Dissent on motion for rehearing en banc by Frost) (discovery disputes, privilege) DISSENTING: Dissenting Opinion by Justice Frost Before Chief Justice Hedges, Justices Brock Yates, Anderson, Guzman, Brown and Boyce 14-07-00590-CV In Re: Michael Hicks and Jerry Fazio Appeal from 155th District Court of Austin County Trial Court Judge: Judge Daniel R. Beck Authorlee v. Tuboscope Vetco International, Inc. (Tex.App.- Houston [1st Dist.] Aug. 28, 2008)(Nuchia) (challenge to agreed judgment, fraud claim, aggregate settlement claim, public policy) AFFIRM TC JUDGMENT: Opinion by Justice Nuchia Before Justices Nuchia, Keyes and Higley 01-06-00719-CV Anthony Authorlee, Dexter Burnett, Robert Derousselle, John Henry Young, Jerome Stubblefield and Floyd Moran v. Tuboscope Vetco International, Inc.; AMF Incorporated; and Minstar, Inc. Appeal from 295th District Court of Harris County Trial Court Judge: Hon. Tracy Christopher Dissenting Opinion by Justice Keyes (would set aside settlement aside as against public policy) Hernandez v. Hernandez (Tex.App.- Houston [1st Dist.] Aug 28, 2008)(Higley) (OAG child support enforcement suit, NPT nunc pro tunc order void) VACATE TC JUDGMENT AND DISMISS CASE: Opinion by Justice Higley Before Chief Justice Radack, Justices Keyes and Higley 01-06-00901-CV George Hernandez v. Maria Guadalupe Hernandez Appeal from 311th District Court of Harris County Trial Court Judge: Hon. Doug Warne Dissenting Opinion by Justice Keyes In Re Kenefick (Tex.App.- Houston [14th Dist.] Aug. 19, 2008)(Seymore) (mandamus in family court case, motion for clarification void, motion to compel) GRANTED IN PART AND DENIED IN PART: Opinion by Justice Charles Seymore Before Justices Fowler, Frost and Seymore 14-08-00203-CV In Re Brian Kenefick Appeal from 308th District Court of Harris County We conditionally grant the petition for a writ of mandamus with respect to the clarification order and direct the trial court to vacate its February 14, 2008 clarification order. We deny the petition for writ of mandamus, without prejudice, with respect to the order granting the motion to compel. Trial Court Judge: Judge Georgia Dempster Concurring Opinion by Justice Frost in In Re Kenefick (re: clarification order) Green v. Alford (Tex.App.- Houston [14th Dist.] July 15, 2008)(Opinion on en banc rehearing by Guzman) (PI, fire truck collision, official immunity defense rejected) AFFIRMED: Opinion by Justice Guzman Before Chief Justice Hedges, Justices Brock Yates, Anderson, Hudson, Fowler, Frost, Seymore, Guzman, Brown and Boyce 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 Trial Court Judge: Kenneth Price Wise Concurring Opinion by Justice Frost Dissenting Opinion by Justice Hudson Hofstatter v. General Interior Construction, Inc. (Tex.App.- Houston [14th Dist.] July 3, 2008)(Hedges) (special appearance denied) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Frost 14-07-00270-CV Dan Kelly and Laura Hofstatter v. General Interior Construction, Inc. Appeal from 125th District Court of Harris County Trial Court Judge: John A. Coselli Dissenting Opinion by Justice Frost Goldberg v. Commission for Lawyer Discipline (Tex.App.- Houston [1st Dist.] July 3, 2008)(Taft) (disciplinary matter, jurisdiction re: disbarment where criminal conviction was set aside) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Jennings and Bland 01-07-01104-CV Daniel Goldberg v. Commission for Lawyer Discipline, and State Bar of Texas Appeal from 295th District Court of Harris County Trial Court Judge: Hon. Tracy Christopher Concurring Opinion by Justice Jennings Ahmed v. Ahmed (Tex.App.- Houston [14th Dist.] June 17, 2008)(Yates) (divorce, Islamic marriage, enforceability of prenup) 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 McInnis v. Mallia (Tex.App.- Houston [14th Dist.] June 17, 2008)(Corrected majority opinion by Frost) (malpractice suit, no-evidence motion for summary judgment, no adequate opportunity to conduct discovery) REVERSED AND REMANDED: Opinion by Justice Frost Before Justices Fowler, Frost and Seymore 14-06-00354-CV Janine Charboneau McInnis, D.V.M. v. Michael Mallia, J.D., The Mallia Law Firm, P.C., Tommy Hastings, J.D. Appeal from 281st District Court of Harris County Trial Court Judge: David J. Bernal Dissenting Opinion by Justice Seymore (adequate discovery) McInnis, D.V.M. v. Michael Mallia, J.D., (Tex.App.- Houston [14th Dist.] June 10, 2008)(Frost) REVERSED AND REMANDED: Opinion by Justice Frost Before Justices Fowler, Frost and Seymore 14-06-00354-CV Janine Charboneau McInnis, D.V.M. v. Michael Mallia, J.D., The Mallia Law Firm, P.C., Tommy Hastings, J.D. Appeal from 281st District Court of Harris County Trial Court Judge: David J. Bernal DISSENTING: Dissenting Opinion by Justice Seymore Wood v. State of Texas (Tex.App.- Houston [1st Dist.] June 5, 2008)(Nuchia) (DWI, ineffective assistance of counsel) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Nuchia Before Justices Nuchia, Keyes and Higley 01-06-00321-CR Peter R. Wood v. The State of Texas Appeal from County Court at Law of Washington County Dissenting Opinion by Justice Keyes Resendez v. State of Texas (Tex.App.- Houston [14th Dist.] May 29, 2008)(Anderson) REVERSED AND REMANDED: Opinion by Justice Anderson Before Justices Anderson, Edelman and Frost 14-05-00098-CR Resendez, Angel v. The State of Texas Appeal from 182nd District Court of Harris County DISSENTING: Dissenting Opinion by Justice Frost (Before Justices Anderson, Edelman and Frost) 14-05-00098-CR Resendez, Angel v. The State of Texas Appeal from 182nd District Court of Harris County Klein, MD and BCM v. Hernandez (Tex.App.- Houston [1st Dist.] Apr. 17, 2008)(Jenning)(HCLC) DISMISS APPEAL: Opinion by Justice Jennings Before Justices Taft, Jennings and Alcala 01-06-00569-CV Geffrey Klein, M.D. and Baylor College of Medicine v. Cynthia Hernandez as the Parent and Next Friend of N.H., A Minor Appeal from 152nd District Court of Harris County Trial Court Judge: Hon. Kenneth P. Wise Concurring Opinion by Justice Taft in Geffrey Klein, M.D. and Baylor College of Medicine v. Cynthia Hernandez as the Parent and Next Friend of N.H., A Minor Stamper v. Knox (Tex.App.- Houston [1st Dist.] Mar. 20, 2008)(Keyes) (family law, presumption of paternity, nonpaternity, DNA testing, equitable estoppel) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Keyes 01-06-00875-CV Michelle Stamper f/k/a Michelle Knox v. Stanley Keith Knox Appeal from 306th District Court of Galveston County Trial Court Judge: Hon. Janis L. Yarbrough OPINION CONCURRING WITH THIS COURT'S JUDGMENT: Concurring Opinion by Justice Jennings in Stamper v. Knox Trial Court Judge: Hon. Janis L. Yarbrough City of Houston v. Clark (Tex.App.- Houston [14th Dist.] Mar. 18, 2008)(Majority Opinion by Frost) (firefighter litigation, Houston of Houston litigation, public employment, immunity plea, claim, lack of jurisdiction over dispute, hearing examiner) AFFIRMED IN PART DISMISSED IN PART: Opinion by Justice Frost 14-03-00399-CV The City of Houston v. Donald Clark Appeal from 333rd District Court of Harris County Trial Court Judge: Hon. Joseph J. Halbach Concurring Opinion by Justice Edelman In City of Houston v. Clark (2008) Escalante v. Rowan (Tex.App.- Houston [14th Dist.] Jan. 22, 2008)(Mirabal) (HCLC, medical malpractice, health care liability, claim, motion to dismiss by defendants) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Mirabal Before Justices Anderson, Frost and Mirabal 14-05-00828-CV Dr. Carmelita Escalante, Dr. Edmund Kim, Dr. Edgardo Rivera and Dr. Franklin Wong v. Donita Rowan and James Niese Appeal from 164th District Court of Harris County (Judge Martha Hill Jamison) DISSENTING: Dissenting Opinion by Justice Anderson Rowan v. Escalante (Tex.App. - Hosuton [14th Dist.] Jan. 22, 2008)(Mirabal) (HCLC, summary judgment for defendants reversed) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Mirabal Before Justices Anderson, Frost and Mirabal 14-06-00197-CV Donita Rowan and James Niese v. Carmelita P. Escalante, M.D., E. Edmund Kim, M.D., Edgardo Rivera, M.D., and Franklin C. Wong, M.D.Appeal from 164th District Court of Harris County (Hon. Martha Hill Jamison) DISSENTING: Dissenting Opinion by Justice Anderson 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) 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 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) 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 Sturm v. Muens (Tex.App.- Houston [14th Dist.] Mar. 8, 2007)(Edelman) Sturm v. Muens (Tex.App.- Houston [14th Dist.] Mar. 8, 2007)(Dissent by Frost) 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 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) 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/DISSENTING: Concurring and Dissenting Opinion by Justice Guzman Warwick Towers Council of Co-Owners v. Sydow (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. |