cases - universities | governmental entities | governmental and sovereign immunity | public employment
litigation | TTCA suits | Whistleblower Act WBA) | discrimination and retaliation suits | wrongful discharge |
EEOC Title VII Title IX and TCHRA suits | Health Care Liability (med-mal) Suits against Medical Schools
UNIVERSITIES AND COLLEGES IN THE COURTS OF APPEALS
UTMB at Galveston v. Simmons (pdf)(Tex.App.- Houston [14th Dist.] Dec. 15, 2009)(Boyce)
(HCLC, denial of motion to dismiss affirmed in interlocutory appeal)
In this interlocutory appeal,[1] appellant University of Texas Medical Branch at Galveston, Texas (“UTMB”) challenges the
trial court’s order denying its motion to dismiss the health care liability claim[2] of appellee Marvin Simmons. In its sole
issue, UTMB contends that the trial court abused its discretion by denying its motion to dismiss because Simmons failed
to attach his expert’s curriculum vitae to the expert report pursuant to Texas Civil Practice and Remedies Code section
74.351. We affirm.
The trial court acted within its discretion in concluding that the expert report contained sufficient information to determine
whether the expert was qualified and, thus, satisfied the curriculum vitae requirement. See Johnson, 286 S.W.3d at 564;
Garret, 232 S.W.3d at 177-78. Accordingly, the trial court did not abuse its discretion by denying UTMB’s motion to dismiss
Simmons’s suit for failure to serve a separate curriculum vitae.
AFFIRMED: Opinion by Justice Bill Boyce
Before Chief Justice Hedges, Justices Anderson and Boyce
14-09-00246-CV University of Texas Medical Branch at Galveston, Texas v. Marvin Simmons Appeal
from 122nd District Court of Galveston County
Trial Court Judge: John A. Ellisor JR.
Santi v. UTHSC at Houston (Tex.App.- Houston [1st Dist.] Nov. 19, 2009)(Alcala)
(public employment dispute, discrimination, retaliation under the TCHRA, plea to the jurisdiction granted)
AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Alcala
Before Justices Keyes, Alcala and Hanks
01-09-00186-CV Kristi Santi v. The Univerity of Texas Health Science Center at Houston, A Component
Institution of the University of Texas System
Appeal from 190th District Court of Harris County
Trial Court Judge: Hon. Patricia J. Kerrigan
Perry v. UH-Downtown (Tex.App.- Houston [14th Dist.] Oct. 1, 2009)(Bland)
(public employment - retaliatory discharge claim;
summary judgment for defendant university in race discrimination retaliation case affirmed)
AFFIRM TC JUDGMENT: Opinion by Justice Jane Bland
Before Chief Justice Radack, Justices Bland and Massengale
01-08-00807-CV Jacqueline Perry v. University of Houston Downtown (UHD)
Appeal from 295th District Court of Harris County
Trial Court Judge: Hon. Tracy Christopher
UT Med. Branch Galveston v. Brisco (Tex.App.- Houston [14th Dist.] Oct. 1, 2009)(Massengale)
(Texas Tort Claims Act TTCA case, claim dismissed, sufficiency of notice of claim letter, immunity not
waived)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Massengale
Before Chief Justice Radack, Justices Bland and Massengale
01-09-00064-CV The University of Texas Medical Branch Galveston and The University of Texas System
v. Dawn Nico Brisco Appeal from 56th District Court of Galveston County
Trial Court Judge: Hon Lonnie Cox
Shelton v. UTMB Galveston (Tex.App. – Houston [14th Dist.] Apr. 14, 2009)(Anderson)
(premises liability vs. health care liability suit, characterization of claim, frivolous suit / appeal sanctions)
AFFIRMED: Opinion by Justice Anderson
Before Chief Justice Hedges, Justices Anderson and Seymore
14-07-00994-CV Minnie Shelton Individually and as Representative of the Estate of Annie Mae Brown v.
The University of Texas Medical Branch at Galveston and The University of Texas Medical Branch at
Galveston d/b/a John Sealy Hospital
Appeal from 405TH District Court of Galveston County
Trial Court Judge: Wayne J. Mallia
BCM v. Pokluda (Tex.App. – Houston [14th Dist.] Apr. 14, 2009)(Boyce)
(health care liability claim, adequacy of expert report)
AFFIRMED: Opinion by Justice Boyce
Before Justices Brock Yates, Seymore and Boyce
14-07-01096-CV Baylor College of Medicine v. Bernadette Pokluda
Appeal from 190th District Court of Harris County
Trial Court Judge: Jennifer Elrod Walker
Lovall v. University of Houston (Tex.App.- Houston [1st Dist.] Mar. 27, 2009)(per curiam)
(attempted IFP appeal dismissed for nonpayment of fees, indigency affidavit contested)
DISMISS APPEAL: Per Curiam
Before Justices Jennings, Keyes and Higley
01-06-00775-CV Lizzie J. Lovall v. The University of Houston, The College of Liberal Arts and Social
Sciences, The Board of Regents, John Antel and Jay Gogue
Appeal from 334th District Court of Harris County
Trial Court Judge: Hon Sharon McCally
Ramon v. Dow (Tex. App. – Houston [14th Dist.] Mar. 3, 2009)(Hedges)
(pro se inmate prisoner suit, conversion claim, insufficient pleadings, dismissal for failure to state claim,
cases involving universities)
AFFIRMED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Anderson and Seymore
14-07-01024-CV Steve Ramon v. David R. Dow and the University of Houston, Texas Innocence Network
Appeal from 412th District Court of Brazoria County
Trial Court Judge: W. Edwin Denman
Bottenstein v. UTMB (Tex.App.- Houston [14th Dist.] Feb. 10, 2009)(Frost)
(public employment, gender discrimination, retaliation, discovery dispute, motion for continuance)
AFFIRMED: Opinion by Justice Frost
Before Justices Anderson, Hudson and Frost
14-07-00747-CV Jan Bottenstein, PH. D., Individually and on behalf of Similarly Situated Female
Professional Employees v. University of Texas Medical Branch at Galveston
Appeal from 56th District Court of Galveston County
Trial Court Judge: Lonnie Cox
BCM v. Camberg (Tex.App.- Houston [14th Dist.] Jan. 29, 2008)(Guzman)
(Rule 11, wrongful death, jury verdict)
AFFIRMED: Opinion by Justice Guzman
Before Justices Brock Yates, Fowler and Guzman
14-06-00500-CV Baylor College of Medicine v. Roy A. Camberg, Adminstrator of the Estate of Ana Julia
Ortiz, Deceased, and Texas Department of Family and Protective Services as Next Friend of Ana Delia
Meija Ortiz, Enid Valentina Meija Ortiz, and Rigoberto Mejia Ortiz, Minors
Appeal from Probate Court No 1 of Harris County (Judge Russell Austin)
ADEA Claim By University Employee Held Barred by State Immunity
Sullivan DDS v. UTHSC at Houston Dental Branch (Tex.App. - Houston [1st Dist.] Dec. 11, 2008)(Alcala)
(Tex.App. - Houston [1st Dist.] Dec. 11, 2008)(Alcala)(governmental immunity, public employment, ADEA
claim, no property interest)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala
Before Justices Taft, Keyes and Alcala
01-08-00327-CV Cornelius C. Sullivan, D.D.S. v. University of Texas Health Science Center at Houston
Dental Branch, Peter T. Triolo, Jr., D.D.S., Catherine M. Flaitz, D.D.S., and James T. Willerson, M.D.
Appeal from 80th District Court of Harris County
Trial Court Judge: Hon. Lynn Bradshaw-Hull
Wood v. Texas Chiropractic College (Tex.App.- Houston [1st Dist.] July 24, 2008) (Jennings)
(suit by student against private educational institution, DTPA, misrepresentation, no reliance shown, NE-
SJ, no evidence of detrimental reliance)
AFFIRM TC JUDGMENT: Opinion by Justice Jennings
Before Justices Taft and Jennings, The Honorable Hudson
01-07-00952-CV Kelly Wood v. Texas Chiropractic College
Appeal from 190th District Court of Harris County
Trial Court Judge: Hon. Jennifer Walker Elrod
Univ. of Houston v. Barth (Tex.App. - Houston [1st Dist.] July 3, 2008) (jury award in tenured professor's
Whistleblower suit reversed; case remanded to the trial court)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Higley
Before Justices Nuchia, Alcala and Higley
01-06-00490-CV The University of Houston v. Stephen Barth
Appeal from 113th District Court of Harris County
Trial Court Judge: Hon. Patricia Hancock
Dissenting Opinion by Justice Alcala
Brown v. Xie (Tex.App.- Houston [1st Dist.] May 29, 2008 )(Alcala)
(TTCA, defamation, dismissal of employee of governmental entity defendant)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Alcala
Before Chief Justice Radack, Justices Alcala and Bland
01-05-00137-CV Barbara Brown, Dan Fontaine, Dr. James Abbruzzese and U.T.M.D. Anderson Cancer
Center v. Ke-Ping Xie, M.D., Ph.D.
Appeal from 215th District Court of Harris County
Trial Court Judge: Hon. Levi J. Benton
Looper v. HCCS (Tex.App.- Houston [14th Dist.] Nov. 29, 2007)(Hedges)
(public employment, breach of contract, defamation, IIED, WBA)
AFFIRMED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Hudson and Frost
14-07-00040-CV Stan H. Looper and Cynthia M. Scott v. Houston Community College System, Bruce
Leslie, Diana Castillo, and Reynaldo Garay
Appeal from 152nd District Court of Harris County (Hon. Ken P. Wise)
Alobaidi v. UTHSCH (Tex.App.- Houston [14th Dist.] Oct. 30, 2007)(Frost)
(public employment, retaliatory discharge)
AFFIRMED: Opinion by Justice Frost
Before Justices Anderson, Frost and Mirabal
14-06-00303-CV Josephine S. Alobaidi v. The University of Texas Health Science Center at Houston
Appeal from 190th District Court of Harris County (Hon. Jennifer Elrod)
Prairie View A&M Univ. v. Dickens , 243 S.W.3d 732 (Tex.App.- Houston [14th Dist.] Oct. 30, 2007)(Frost)
(jurisdiction, individual capacity claims, official capacity claims, sovereign immunity)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Frost
Before Justices Anderson, Fowler and Frost
14-06-00966-CV Prairie View A&M University, Doris Price, Individually and as Vice President of Prairie
View A&M and George Wright, Individually and as President of Prairie View A&M University v. Brian
Dickens
Appeal from 164th District Court of Harris County (Hon. Martha Hill Jamison)
Slade v. TSU (Tex.App.- Houston [1st Dist.] Aug. 30, 2007)(Nuchia)
(sovereign immunity to breach of contract suit)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
Before Justices Nuchia, Keyes and Higley
01-06-00990-CV Priscilla D. Slade v. Texas Southern University Board of Regents
Appeal from 61st District Court of Harris County (Hon. John Donovan)
Young., M.D. and Baylor College of Medicine v. Silva Villegas (Tex.App.- Houston [14th Dist.] Apr. 3, 2007)
(Frost)(HCLC, interlocutory appeal, ILA, immunity claim, doctors v. entity defendant, supported medical
school, who may take interlocutory appeal?, effect of nonsuit on standing)
This court lacks appellate jurisdiction over Baylor’s appeal from the trial court’s order because Baylor had been nonsuited
before the trial court signed the order and because in that order the trial court did not rule on any motion filed by Baylor.
This court does not have appellate jurisdiction over Dr. Young’s appeal from the denial of her plea to the jurisdiction
because she is not a governmental unit. Based on section 312.007 of the Texas Health and Safety Code, this court has
appellate jurisdiction to review the trial court’s denial of the Summary Judgment Motions as to Dr. Young, but because Dr.
Young did not prove as a matter of law that she is entitled to the protections of section 312.006, the trial court properly
denied these motions as to her. Accordingly, we dismiss Baylor’s appeal in its entirety and dismiss Dr. Young’s appeal of
the trial court’s denial of the Pleas to the Jurisdiction. We affirm the trial court’s order denying the Summary Judgment
Motions as to Dr. Young.
Davis v. Houston Community College System (Tex.App.- Houston [1st Dist.] Jan. 25, 2007)(Alcala)(public
employment) (employment law, public employment, race discrimination)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala
Before Chief Justice Radack, Justices Alcala and Bland
01-04-01160-CV Patricia Davis v. Houston Community College System (HCCS)
Appeal from 152nd District Court of Harris County (Hon. Kenneth P. Wise)
TSU v. State Street Bank and Trust, No. 01-06-00497-CV (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)
(Hanks)(substitute opinion)(governmental immunity waived by conduct, waiver of sovereign immunity by
conduct)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR
FURTHER PROCEEDINGS: Opinion by Justice Hanks
(Before Justices Nuchia, Keyes and Hanks)
01-06-00497-CV Texas Southern University v. State Street Bank and Trust Company, CMS Viron
Corporation--Appeal from 80th District Court of Harris County (Judge Kent C. Sullivan)
Justice Keys wrote separate opinion in TSU v. State Street Bank and Trust, No. 01-06-00497-CV
(Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(separate opinion by Keyes)(substitute opinion) (takings
claim)
litigation | TTCA suits | Whistleblower Act WBA) | discrimination and retaliation suits | wrongful discharge |
EEOC Title VII Title IX and TCHRA suits | Health Care Liability (med-mal) Suits against Medical Schools
UNIVERSITIES AND COLLEGES IN THE COURTS OF APPEALS
UTMB at Galveston v. Simmons (pdf)(Tex.App.- Houston [14th Dist.] Dec. 15, 2009)(Boyce)
(HCLC, denial of motion to dismiss affirmed in interlocutory appeal)
In this interlocutory appeal,[1] appellant University of Texas Medical Branch at Galveston, Texas (“UTMB”) challenges the
trial court’s order denying its motion to dismiss the health care liability claim[2] of appellee Marvin Simmons. In its sole
issue, UTMB contends that the trial court abused its discretion by denying its motion to dismiss because Simmons failed
to attach his expert’s curriculum vitae to the expert report pursuant to Texas Civil Practice and Remedies Code section
74.351. We affirm.
The trial court acted within its discretion in concluding that the expert report contained sufficient information to determine
whether the expert was qualified and, thus, satisfied the curriculum vitae requirement. See Johnson, 286 S.W.3d at 564;
Garret, 232 S.W.3d at 177-78. Accordingly, the trial court did not abuse its discretion by denying UTMB’s motion to dismiss
Simmons’s suit for failure to serve a separate curriculum vitae.
AFFIRMED: Opinion by Justice Bill Boyce
Before Chief Justice Hedges, Justices Anderson and Boyce
14-09-00246-CV University of Texas Medical Branch at Galveston, Texas v. Marvin Simmons Appeal
from 122nd District Court of Galveston County
Trial Court Judge: John A. Ellisor JR.
Santi v. UTHSC at Houston (Tex.App.- Houston [1st Dist.] Nov. 19, 2009)(Alcala)
(public employment dispute, discrimination, retaliation under the TCHRA, plea to the jurisdiction granted)
AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Alcala
Before Justices Keyes, Alcala and Hanks
01-09-00186-CV Kristi Santi v. The Univerity of Texas Health Science Center at Houston, A Component
Institution of the University of Texas System
Appeal from 190th District Court of Harris County
Trial Court Judge: Hon. Patricia J. Kerrigan
Perry v. UH-Downtown (Tex.App.- Houston [14th Dist.] Oct. 1, 2009)(Bland)
(public employment - retaliatory discharge claim;
summary judgment for defendant university in race discrimination retaliation case affirmed)
AFFIRM TC JUDGMENT: Opinion by Justice Jane Bland
Before Chief Justice Radack, Justices Bland and Massengale
01-08-00807-CV Jacqueline Perry v. University of Houston Downtown (UHD)
Appeal from 295th District Court of Harris County
Trial Court Judge: Hon. Tracy Christopher
UT Med. Branch Galveston v. Brisco (Tex.App.- Houston [14th Dist.] Oct. 1, 2009)(Massengale)
(Texas Tort Claims Act TTCA case, claim dismissed, sufficiency of notice of claim letter, immunity not
waived)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Massengale
Before Chief Justice Radack, Justices Bland and Massengale
01-09-00064-CV The University of Texas Medical Branch Galveston and The University of Texas System
v. Dawn Nico Brisco Appeal from 56th District Court of Galveston County
Trial Court Judge: Hon Lonnie Cox
Shelton v. UTMB Galveston (Tex.App. – Houston [14th Dist.] Apr. 14, 2009)(Anderson)
(premises liability vs. health care liability suit, characterization of claim, frivolous suit / appeal sanctions)
AFFIRMED: Opinion by Justice Anderson
Before Chief Justice Hedges, Justices Anderson and Seymore
14-07-00994-CV Minnie Shelton Individually and as Representative of the Estate of Annie Mae Brown v.
The University of Texas Medical Branch at Galveston and The University of Texas Medical Branch at
Galveston d/b/a John Sealy Hospital
Appeal from 405TH District Court of Galveston County
Trial Court Judge: Wayne J. Mallia
BCM v. Pokluda (Tex.App. – Houston [14th Dist.] Apr. 14, 2009)(Boyce)
(health care liability claim, adequacy of expert report)
AFFIRMED: Opinion by Justice Boyce
Before Justices Brock Yates, Seymore and Boyce
14-07-01096-CV Baylor College of Medicine v. Bernadette Pokluda
Appeal from 190th District Court of Harris County
Trial Court Judge: Jennifer Elrod Walker
Lovall v. University of Houston (Tex.App.- Houston [1st Dist.] Mar. 27, 2009)(per curiam)
(attempted IFP appeal dismissed for nonpayment of fees, indigency affidavit contested)
DISMISS APPEAL: Per Curiam
Before Justices Jennings, Keyes and Higley
01-06-00775-CV Lizzie J. Lovall v. The University of Houston, The College of Liberal Arts and Social
Sciences, The Board of Regents, John Antel and Jay Gogue
Appeal from 334th District Court of Harris County
Trial Court Judge: Hon Sharon McCally
Ramon v. Dow (Tex. App. – Houston [14th Dist.] Mar. 3, 2009)(Hedges)
(pro se inmate prisoner suit, conversion claim, insufficient pleadings, dismissal for failure to state claim,
cases involving universities)
AFFIRMED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Anderson and Seymore
14-07-01024-CV Steve Ramon v. David R. Dow and the University of Houston, Texas Innocence Network
Appeal from 412th District Court of Brazoria County
Trial Court Judge: W. Edwin Denman
Bottenstein v. UTMB (Tex.App.- Houston [14th Dist.] Feb. 10, 2009)(Frost)
(public employment, gender discrimination, retaliation, discovery dispute, motion for continuance)
AFFIRMED: Opinion by Justice Frost
Before Justices Anderson, Hudson and Frost
14-07-00747-CV Jan Bottenstein, PH. D., Individually and on behalf of Similarly Situated Female
Professional Employees v. University of Texas Medical Branch at Galveston
Appeal from 56th District Court of Galveston County
Trial Court Judge: Lonnie Cox
BCM v. Camberg (Tex.App.- Houston [14th Dist.] Jan. 29, 2008)(Guzman)
(Rule 11, wrongful death, jury verdict)
AFFIRMED: Opinion by Justice Guzman
Before Justices Brock Yates, Fowler and Guzman
14-06-00500-CV Baylor College of Medicine v. Roy A. Camberg, Adminstrator of the Estate of Ana Julia
Ortiz, Deceased, and Texas Department of Family and Protective Services as Next Friend of Ana Delia
Meija Ortiz, Enid Valentina Meija Ortiz, and Rigoberto Mejia Ortiz, Minors
Appeal from Probate Court No 1 of Harris County (Judge Russell Austin)
ADEA Claim By University Employee Held Barred by State Immunity
Sullivan DDS v. UTHSC at Houston Dental Branch (Tex.App. - Houston [1st Dist.] Dec. 11, 2008)(Alcala)
(Tex.App. - Houston [1st Dist.] Dec. 11, 2008)(Alcala)(governmental immunity, public employment, ADEA
claim, no property interest)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala
Before Justices Taft, Keyes and Alcala
01-08-00327-CV Cornelius C. Sullivan, D.D.S. v. University of Texas Health Science Center at Houston
Dental Branch, Peter T. Triolo, Jr., D.D.S., Catherine M. Flaitz, D.D.S., and James T. Willerson, M.D.
Appeal from 80th District Court of Harris County
Trial Court Judge: Hon. Lynn Bradshaw-Hull
Wood v. Texas Chiropractic College (Tex.App.- Houston [1st Dist.] July 24, 2008) (Jennings)
(suit by student against private educational institution, DTPA, misrepresentation, no reliance shown, NE-
SJ, no evidence of detrimental reliance)
AFFIRM TC JUDGMENT: Opinion by Justice Jennings
Before Justices Taft and Jennings, The Honorable Hudson
01-07-00952-CV Kelly Wood v. Texas Chiropractic College
Appeal from 190th District Court of Harris County
Trial Court Judge: Hon. Jennifer Walker Elrod
Univ. of Houston v. Barth (Tex.App. - Houston [1st Dist.] July 3, 2008) (jury award in tenured professor's
Whistleblower suit reversed; case remanded to the trial court)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Higley
Before Justices Nuchia, Alcala and Higley
01-06-00490-CV The University of Houston v. Stephen Barth
Appeal from 113th District Court of Harris County
Trial Court Judge: Hon. Patricia Hancock
Dissenting Opinion by Justice Alcala
Brown v. Xie (Tex.App.- Houston [1st Dist.] May 29, 2008 )(Alcala)
(TTCA, defamation, dismissal of employee of governmental entity defendant)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Alcala
Before Chief Justice Radack, Justices Alcala and Bland
01-05-00137-CV Barbara Brown, Dan Fontaine, Dr. James Abbruzzese and U.T.M.D. Anderson Cancer
Center v. Ke-Ping Xie, M.D., Ph.D.
Appeal from 215th District Court of Harris County
Trial Court Judge: Hon. Levi J. Benton
Looper v. HCCS (Tex.App.- Houston [14th Dist.] Nov. 29, 2007)(Hedges)
(public employment, breach of contract, defamation, IIED, WBA)
AFFIRMED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Hudson and Frost
14-07-00040-CV Stan H. Looper and Cynthia M. Scott v. Houston Community College System, Bruce
Leslie, Diana Castillo, and Reynaldo Garay
Appeal from 152nd District Court of Harris County (Hon. Ken P. Wise)
Alobaidi v. UTHSCH (Tex.App.- Houston [14th Dist.] Oct. 30, 2007)(Frost)
(public employment, retaliatory discharge)
AFFIRMED: Opinion by Justice Frost
Before Justices Anderson, Frost and Mirabal
14-06-00303-CV Josephine S. Alobaidi v. The University of Texas Health Science Center at Houston
Appeal from 190th District Court of Harris County (Hon. Jennifer Elrod)
Prairie View A&M Univ. v. Dickens , 243 S.W.3d 732 (Tex.App.- Houston [14th Dist.] Oct. 30, 2007)(Frost)
(jurisdiction, individual capacity claims, official capacity claims, sovereign immunity)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Frost
Before Justices Anderson, Fowler and Frost
14-06-00966-CV Prairie View A&M University, Doris Price, Individually and as Vice President of Prairie
View A&M and George Wright, Individually and as President of Prairie View A&M University v. Brian
Dickens
Appeal from 164th District Court of Harris County (Hon. Martha Hill Jamison)
Slade v. TSU (Tex.App.- Houston [1st Dist.] Aug. 30, 2007)(Nuchia)
(sovereign immunity to breach of contract suit)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
Before Justices Nuchia, Keyes and Higley
01-06-00990-CV Priscilla D. Slade v. Texas Southern University Board of Regents
Appeal from 61st District Court of Harris County (Hon. John Donovan)
Young., M.D. and Baylor College of Medicine v. Silva Villegas (Tex.App.- Houston [14th Dist.] Apr. 3, 2007)
(Frost)(HCLC, interlocutory appeal, ILA, immunity claim, doctors v. entity defendant, supported medical
school, who may take interlocutory appeal?, effect of nonsuit on standing)
This court lacks appellate jurisdiction over Baylor’s appeal from the trial court’s order because Baylor had been nonsuited
before the trial court signed the order and because in that order the trial court did not rule on any motion filed by Baylor.
This court does not have appellate jurisdiction over Dr. Young’s appeal from the denial of her plea to the jurisdiction
because she is not a governmental unit. Based on section 312.007 of the Texas Health and Safety Code, this court has
appellate jurisdiction to review the trial court’s denial of the Summary Judgment Motions as to Dr. Young, but because Dr.
Young did not prove as a matter of law that she is entitled to the protections of section 312.006, the trial court properly
denied these motions as to her. Accordingly, we dismiss Baylor’s appeal in its entirety and dismiss Dr. Young’s appeal of
the trial court’s denial of the Pleas to the Jurisdiction. We affirm the trial court’s order denying the Summary Judgment
Motions as to Dr. Young.
Davis v. Houston Community College System (Tex.App.- Houston [1st Dist.] Jan. 25, 2007)(Alcala)(public
employment) (employment law, public employment, race discrimination)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala
Before Chief Justice Radack, Justices Alcala and Bland
01-04-01160-CV Patricia Davis v. Houston Community College System (HCCS)
Appeal from 152nd District Court of Harris County (Hon. Kenneth P. Wise)
TSU v. State Street Bank and Trust, No. 01-06-00497-CV (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)
(Hanks)(substitute opinion)(governmental immunity waived by conduct, waiver of sovereign immunity by
conduct)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR
FURTHER PROCEEDINGS: Opinion by Justice Hanks
(Before Justices Nuchia, Keyes and Hanks)
01-06-00497-CV Texas Southern University v. State Street Bank and Trust Company, CMS Viron
Corporation--Appeal from 80th District Court of Harris County (Judge Kent C. Sullivan)
Justice Keys wrote separate opinion in TSU v. State Street Bank and Trust, No. 01-06-00497-CV
(Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(separate opinion by Keyes)(substitute opinion) (takings
claim)
| Higher Education Litigation Appellate Decisions from the Houston Courts of Appeals Houston Opinions |
