law-special-appearance & personal jurisdiction challenge
SPECIAL APPEARANCE CASE LAW
Discovery into fact relvant to personal jurisdiction to proceed
Lamar v. Poncon, Morgan's Rock Hacienda & Ecolodge (Tex.App.- Houston [14th Dist.] Oct. 1, 2009)
(Bland) (special appearance, special jurisdiction, general jurisdiction, discovery re jurisdictional facts
should proceed)
REVERSE TRIAL COURT JUDGMENT: Opinion by Justice Bland
Before Chief Justice Radack, Justices Bland and Massengale
01-08-01036-CV John and Nanci Lamar v. Eric Poncon and Morgan's Rock Hacienda & Ecolodge
Appeal from 215th District Court of Harris County
DISMISS APPEAL: Per Curiam
Greenfield Energy Inc. v. Duprey (Tex.App.- Houston [14th Dist.] Apr. 10, 2008)(Guzman) (special
appearance, foreign defendant, agency and alter ego theories rejected, minimum contacts, jurisdictional
inquiry)
AFFIRMED: Opinion by Justice Guzman
14-07-00527-CV Greenfield Energy Inc., Greenfield Energy, Inc., and Greenfield Oil Trinidad, LTD. v.
Lawrence Duprey and CL Financial, LTD.
Appeal from 295th District Court of Harris County
Trial Court Judge: Tracy Kee Christopher
Carpenter v. Exelon Corp. (Tex.App.- Houston [14th Dist.] Oct. 26, 2007)(Edelman)(special appearance)
AFFIRMED: Opinion by Justice Edelman
Before Justices Edelman, Frost and Seymore)
14-07-00149-CV Timothy J. Carpenter, Mervin G. Schaefer, James P. Maloney, Oldcosy Corporation,
Henry Jackson, David Reindi, Henry C. Hess, David Falldorf, and Jane P. Koth v. Exelon Corporation and
Exelon Enterprises Company, L.L.C
Appeal from 133rd District Court of Harris County (Hon. Putnam Reiter)
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)
Uche, M.D. v. Allison (Tex.App.- Houston [1st Dist.] Oct. 11, 2007)(Keyes)(HCLC, special
appearance)August 31, 2007 Opinion withdrawn and superseded by Pelican State Physical Therapy, LP
v. Bratton (Tex.App.- Houston [1st Dist.] Sep. 27, 2007)(Taft)
Pelican State Physical Therapy v. Bratton (Tex.App.- [1st Dist.] Aug. 30, 2007)(withdrawn and superseded
opinion by Taft)(personal jurisdiction, special appearance, appellate sanctions denied, findings of facts)
AFFIRM TC JUDGMENT: Opinion by Justice Taft
Before Justices Taft, Alcala and Hanks
01-06-00199-CV Pelican State Physical Therapy, L.P. v. Marc Bratton
Appeal from 133rd District Court of Harris County (Hon. Lamar McCorkle)
Weldon-Francke v. Fisher (Tex.App.- Houston [14th Dist.] Sep. 11, 2007)(Frost)
(personal jurisdiction, special appearance, legal malpractice suit)
REVERSED AND REMANDED: Opinion by Justice Frost
Before Justices Frost, Seymore and Guzman
14-06-00834-CV Suzanne M. Weldon-Francke and Normandin Cheney & O'Neil, PLLC v. Seymore Fisher
and Carmen Fisher--Appeal from 122nd District Court of Galveston County (Hon. John A. Ellisor Jr.)
Canada v. Telen's Marine & Fuel, Inc. (Tex.App.- Houston [14th Dist.] Sep. 27, 2007)(Anderson)(special
appearance, PI-auto)
AFFIRMED: Opinion by Justice Anderson
Before Justices Anderson, Fowler and Frost
14-06-01143-CV Milyn Canada, Individually and on behalf of her minor child, S.C v. Talen's Marine & Fuel,
Inc. and Barry Miller--Appeal from 61st District Court of Harris County (Hon. John J. Donovan)
Control Solutions, Inc. v. Gharda USA, Inc. (Tex.App.- Houston [1st Dist.] Sep. 13, 2007)
(special appearance, grant of special appearance reversed)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by
Justice Keyes
Before Chief Justice Radack, Justices Keyes and Higley
01-06-00802-CV Control Solutions, Inc. and United Phosphorus, Inc. v. Gharda USA, Inc., Gharda
Chemicals Ltd., Benko Products, Inc., and Choctaw Sales, Inc.
Appeal from 129th District Court of Harris County (Hon. Grant Dorfman)
Boston Medical Group v. Ellis (Tex.App.- Houston [14th Dist.] Aug. 30, 2007)(Frost)(special appearance,
medical malpractice, failed penis operation)
Markette v. X-Ray (Tex.App.- Houston [14th Dist.] Aug. 30, 2007)(Yates)(special appearance)
(superseded opinion)
Cerbone v. Farb (Tex.App.- Houston [14th Dist.] May 8, 2007)(Seymore)(special appearance)
REVERSED AND RENDERED: Opinion by Justice Seymore
14-06-00666-CV Joseph A. Cerbone v. Carolyn Farb
Appeal from 165th District Court of Harris County (Judge Elizabeth Ray)
Barker v. Lescroart (Tex.App.- Houston [14th Dist.] Feb. 13, 2007)(Anderson)(ILA, special appearance)
REVERSED AND REMANDED: Opinion by Justice Anderson
Before Justices Anderson, Hudson and Guzman
14-06-00125-CV Paulette Barker, Individually and as Executor for the Estate of Robert Barker v.
Emmett J. Lescroart-Appeal from Probate Court No 1 of Harris County (No judge shown on docket)
So.2d 1213, 1215 (Fla. Ct. App. 2003) (reversing order granting special appearance because injury
occurred within Florida’s jurisdictional waters).
Denial of special appearance reversed
Tabor v. Medical Legal Evaluations, Inc. (Tex.App.- Houston [1st Dist.] Aug. 30, 2007)(Hanks)
Markette v. X-Ray (Tex.App.- Houston [14th Dist.] Aug. 30, 2007)(Yates)
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)
Appellants appeal the trial court's order denying their special appearance. Because we determine that
appellee has not met its burden of alleging facts showing that appellants' contacts with Texas are
substantially connected to the operative facts of the underlying litigation, we reverse and render judgment
dismissing this case for lack of personal jurisdiction.
Boston Medical Group v. Ellis (Tex.App.- Houston [14th Dist.] Aug. 30, 2007)(Frost)
(special appearance, medical malpractice, failed penis repair)
Lalila v. Parker Drilliing Co. (Tex.App.- Houston [1st Dist.] Sep. 27, 2007)(Alcala)
(personal jurisdiction, special appearance, minimum contacts)
01-06-00844-CV Mosammat Lalila and Sajeda, et al v. Parker Drilling Company and Niko Resources, Ltd.
Appeal from 152nd District Court of Harris County (Hon. Kenneth P. Wise)
HOUSTON APPELLATE COURT CASES | TEXAS CASE LAW |
TEXAS SUPREME COURT CASES ON
PERSONAL JURISDICTION - SPECIAL
APPEARANCE
PHC-Minden LP v. Kimberly-Clark Corp., No.
05-0823 (Tex. Aug. 31,
2007)(Jefferson)(personal jurisdiction,
special appearance, foreign defendant,
minimum
contacts)
IRA Resources, Inc. v. Griego, No. 05-0469
(Tex. Apr. 20, 2007)(per curiam)(special
appearance)
Moki Mac River Expeditions v. Drugg, No.
04-0432 (Tex. Mar. 2, 2007)(O'Neill)
(long-arm jurisdiction, special appearance,
foreign defendant) Dissenting opinion by
Phil Johnson
HOUSTON APPELLATE COURT CASES |
TEXAS CASE LAW |