Uptegraph v. Sandlwood Civic Club (Tex.App.- Houston [1st Dist.] Feb. 5, 2010)(Taft) (homeowner law, HOA litigation, restrictive covenants, deed restrictions, fence) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Chief Justice Radack, Justices Taft and Sharp 01-07-00764-CV Scott D. Uptegraph, Jr. and Kara K. Uptegraph v. Sandalwood Civic Club Appeal from 333rd District Court of Harris County Trial Court Judge: Hon. Joseph Halbach Meehl v. Wise (Tex.App.- Houston [14th Dist.] Apr. 7, 2009)(Hedges)(home owner law, real estate law, restrictive covenants, discriminatory zoning, group community homes for mentally impaired, NIMBY litigation) REVERSED AND REMANDED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Guzman and Brown 14-07-00592-CV Debra J. Meehl and Mark Meehl, Individually and as Officers and Agents of the Maureen J. Meehl Bipolar/BPD Foundation, Inc., and the Maureen J. Meehl Bipolar/BPD Foundation, Inc. v. Alfred M. Wise, Jr., Ketherine D. Wise, John P. Hundl, Donna G. Hundl, Wilmer Conner, Margie Ann Alexander, John T. Horn, Martha G. Horn, John T. Horn, Jr., Christopher Blake Broadway, Paula Lee Broadway, James Zimmer, Mildred Zimmer, Et Al Appeal from 239th District Court of Brazoria County Concurring Opinion by Justice Guzman Thompson v. Peak (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Fowler) (homestead, liens, sanctions appeal mooted by compliance with sanctions order) DISMISSED AS MOOT: Opinion by Justice Fowler Before Justices Fowler, Frost and Seymore 14-07-00333-CV Jack W. Thompson v. David Ricardo and Kara K. Peak Appeal from 164th District Court of Harris County Trial court judge: Hon. Martha Hill Jamison Dissenting Opinion by Justice Frost In Re MHI Partnership, Ltd (Tex.App.- Houston [14th Dist.] Apr. 23, 2008)(Justice Bill Boyce) (arbitration mandamus, motion to compel home owners to arbitrate claims against builder) MOTION OR WRIT GRANTED: Opinion by Justice Boyce Before Chief Justice Hedges, Justices Anderson and Boyce 14-07-00851-CV In Re: MHI Partnership, LTD. Appeal from 11th District Court of Harris County Trial Court Judge: Mark Davidson Rakowski v. Committee to Protect Creek Village Homeowner's Rights (Tex.App. - Houston [14th Dist.] Apr. 3, 2008) (Subst. plurality op. by Edelman) (subdivision restrictive covenant dispute, homeowner law) AFFIRMED: Opinion by Justice Edelman 14-05-01143-CV Robert A. Rakowski and Clear Creek Civic Association, Inc. v. Committee to Proctect Clear Creek Village Homeowners' Rights and Preserve our Park Appeal from 405TH District Court of Galveston County Concurring and Dissenting Opinion by Justice Frost in Robert A. Rakowski and Clear Creek Civic Association, Inc. v. Committee to Proctect Clear Creek Village Homeowners' Rights and Preserve our Park Trial Court Judge: Wayne J. Mallia Sheffield v. Gibson (Tex.Ap.- Houston [14th Dist.] Jan. 22, 2008)(Fowler) (real estate transaction law, home purchase, fraud DTPA claim) AFFIRMED: Opinion by Justice Fowler Before Justices Anderson, Fowler and Frost 14-06-00483-CV George K. Sheffield and Creed Corporation v. John Gibson Appeal from 190th District Court of Harris County (name of judge not shown on docket, presumably Jennifer Elrod) Justice v. State Farm Lloyds Ins. Co. No. 14-06-00248-CV (Tex.App.- Houston [14th Dist.] Jan. 15, 2008)(Edelman) (Insurance coverage dispute, home owner law, falling tree mold damage) AFFIRMED: Opinion by Justice Edelman Before Justices Brock Yates, Edelman and Frost Larry Justice, Beth Justice and Karen Justice v. State Farm Lloyds Insurance Company and FTI/SEA Consulting Appeal from 127th District Court of Harris County (Judge Sharolyn P. Wood) Concurring Opinion by Justice Frost, 14-06-00248-CV Larry Justice, Beth Justice and Karen Justice v. State Farm Lloyds Insurance Company and FTI/SEA Consulting Atu v. Slaugher (Tex.App.- Houston [14th Dist.] Sep. 13, 2007)(Frost)(homeowner law, home owners association, foreclosure sale, excess proceeds, interpleader) AFFIRMED IN PART/REVER.& REND.& REVER. & REM.: Opinion by Justice Frost, Opinion by Justice Fowler, Opinion by Justice Anderson Before Justices Anderson, Fowler and Frost 14-06-00771-CV Biodun Atu v. Kristi A. Slaugher, Trusteee, Et Al Appeal from County Civil Court at Law No 2 of Harris County (Judge Gary Michael Block) Hong Kong Development Inc. v. Kim Loan Nguyen (Tex.App.- Houston [1st Dist.] Jun. 7, 2007)(Taft)[commercial real estate, lease, forcible entry and detainer] AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Taft Before Chief Justice Radack, Justices Taft and Nuchia 01-04-00586-CV Hong Kong Development, Inc., Hai Du Duong, and Phuong Truong Tu v. Kim Loan Nguyen d/b/a Alpha Baker Appeal from County Civil Court at Law No 1 of Harris County (Hon. Jack Cagle) Dilston House Condominium Association v. White (Tex.App.- Houston [14th Dist.] May 19, 2007)(Mirabal)(homeowner law, condominium declarations, bylaws, attorneys fees) AFFIRMED: Opinion by Justice Mirabal Before Justices Frost and Mirabal 14-05-00960-CV Dilston House Condominium Association v. Dianne White Appeal from County Civil Court at Law No 1 of Harris County (Hon. R. Jack Cagle) Subsequent opinion rehearing: Choice v. Gibbs (Tex.App.- Houston [14th Dist.] Apr. 12, 2007)(Frost)(substituted opinion on rehearing) [summary judgment reversed, PI, contractor, homeowner negligence, fact issue] REVERSED AND REMANDED: Opinion by Justice Frost Before Justices Fowler, Edelman and Frost 14-05-01068-CV Willie Choice v. Richard A. Gibbs and Mary C. Edwards Appeal from 127th District Court of Harris County (Judge Sharolyn P. Wood) Choice v. Gibbs (Tex.App.- Houston [14th Dist.] Feb. 13, 2007)(Frost)(superseded opinion) REVERSED AND REMANDED: Opinion by Justice Frost (Before Justices Fowler, Edelman and Frost) 14-05-01068-CV Willie Choice v. Richard A. Gibbs and Mary C. Edwards Appeal from 127th District Court of Harris County (Judge Sharolyn P. Wood) Denial of Bill of Review Affirmed-Lack of Meritorious Grounds to Challenge Judgment Nitsche v. Teams of Texas (Tex.App.- Houston [14th Dist.] Mar. 29, 2007)(Anderson) (bill of review denied, water damage mold claim, no third party beneficiary claim, no valid basis for appeal) AFFIRMED: Opinion by Justice Anderson (Before Justices Anderson, Hudson and Guzman) 14-05-00876-CV Cynthia Nitzsche and Stephen Nitzsche v. Teams of Texas Appeal from 164th District Court of Harris County Yadzchi v. Chesney (Tex.App.- Houston [14th Dist.] Jan. 30, 2007)(Hedges) [home owner law, condo association, unjust enrichment, conversion, fraud] AFFIRMED: Opinion by Chief Justice Hedges (Before Chief Justice Hedges, Justices Fowler and Edelman) 14-05-00817-CV Abbas Yadzchi, Et Al v. William S. Chesney, III, Et Al Appeal from County Civil Court at Law No 4 of Harris County (Judge Roberta Anne Lloyd) Summers v. Ameriquest Mortgage Co. (Tex.App.- Houston [14th Dist.] Jan. 15, 2008)(Fowler)(sj) (real estate law, foreclosure, home equity loan) AFFIRMED: Opinion by Justice Fowler Before Justices Brock Yates, Fowler and Guzman 14-06-00734-CV Kelly Lee Summers v. Ameriquest Mortgage Company Appeal from 151st District Court of Harris County (Hon. Caroline Elizabeth Baker) Homeowners Lose in Suit Against Insurer - Failed to Prove Mold Damage was Caused by a Covered Peril; Policy Did Not Cover Mold Damage Caused by Leaky Roof; plaintiffs failed to segregate damages by source. Kelly v. Traverlers Lloyds of Texas Ins. Co. (Tex.App.- Houston [14th Dist.] Feb. 27, 2007)(Justice Frost)(homeowner insurance law, insurance policy, coverage dispute, mold claim, water damage) AFFIRMED: Opinion by Justice Frost Before Justices Fowler, Edelman and Frost 14-05-00825-CV Ann Kelly and James E. Kelly v. Travelers Lloyds of Texas Insurance Company Appeal from 190th District Court of Harris County (Judge Jennifer Elrod) Yadzchi v. Chesney (Tex.App.- Houston [14th Dist.] Jan. 30, 2007)(Hedges) [home owner law, condo association, unjust enrichment, conversion, fraud] AFFIRMED: Opinion by Chief Justice Hedges (Before Chief Justice Hedges, Justices Fowler and Edelman) 14-05-00817-CV Abbas Yadzchi, Et Al v. William S. Chesney, III, Et Al Appeal from County Civil Court at Law No 4 of Harris County (Judge Roberta Anne Lloyd) |
| Texas Home Owner Law Recent Cases from Houston Courts of Appeals Houston Opinions |
| Supreme Court Decisions (Tex. 2007-08) |
| Supreme Court takes arbitration award away from home-owners in residential construction dispute with builder Perry Homes v. Cull, No. 05-0882 (Tex. May 2, 2008)(Opinion by Scott A. Brister) Texas Supreme Court Rules Against Property Owner in Annexation Dispute City of Rockwall, Texas v. Hughes, No. 05-0126 (Tex. Jan 25, 2008) (Johnson) (annexation, arbitration construction of statutory provision governing arbitration of municipal annexation disputes) AIC Management v. Crews, No. 05-0270 (Tex. Jan 25, 2008)(O’Neill) (condemnation, sufficiency of legal description, UDJA, jurisdiction of Harris County Civil Courts at Law) |
