Decisions of the Fourteenth Court of Appeals in Houston
December 2009
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Opinion Release Dates: December 1, 3, 8, 10, 15, 17, 22, 29, 30, 31, 2009

DECEMBER 2009 DECISIONS WITH LINKS TO APPELLATE OPINIONS
IN CIVIL CASES

DETAILS FOR CASES DECIDED BY
THE FOURTEENTH COURT OF APPEALS IN DEC '09

December 31, 2009  

Civil Causes Decided:

DISMISSED: Per Curiam (dismissal after voluntary bankruptcy case closed)
Before Justices Frost, Boyce and Sullivan)
14-05-00477-CV  Jose Santiago and Amelia Santiago v. Walmart Stores Inc., Walmart Supercenter,
Store #849, The Chemins Company, Inc. and Metabolife International, Inc.     
Appeal from 280th District Court of Harris County
Trial Court Judge:
Tony Lindsay   

American Golf Corporation v. Sugar Creek Country Club (Tex.App.- Houston [14th Dist.] Dec. 31, 2009)
(per curiam) (joint motion to reverse the judgment and remand the cause to the trial court in accordance
with a settlement agreement granted)
REVERSED AND REMANDED: Per Curiam    
Before Justices Anderson, Frost and Boyce)
14-08-00180-CV American Golf Corporation v. Sugar Creek Country Club     
Appeal from 434th Judicial District Court of Fort Bend County
Trial Court Judge: The Honorable James H Shoemake

Jedkins v. Varghese (Tex.App.- Houston [14th Dist.] Dec. 31, 2009)(per curiam)
(
dismissal with prejudice of pro se inmate suit affirmed)
Appellant, Larry Wayne Jedkins, a prison inmate, appeals pro se and as a pauper from an order dismissing his suit with
prejudice.  Appellant filed suit alleging prison employees and/or agents violated his constitutional rights, engaged in a
conspiracy, and committed assault and battery.  Appellant challenges both the dismissal for failure to state a cause of
action and the dismissal of the cause with prejudice.  We affirm.
The failure to file a lawsuit by the statutory deadline cannot be remedied by amended pleadings. McCullough v. Texas
Dep’t of Criminal Justice—ID, No. 02-07-072-CV, 2008 WL 704419 (Tex. App.—Fort Worth 2008, no pet,) (mem. op.).
Dismissal with prejudice is proper when a suit is not timely filed pursuant to section 14.005(b. Moreland v. Johnson, 95 S.
W.3d 392, 395 (Tex. App.—Houston [1st Dist.] 2002, no pet.).  The trial court did not abuse its discretion is dismissing
appellant’s suit with prejudice.  We overrule appellant’s second issue.
AFFIRMED: Per Curiam    
Before Chief Justice Hedges, Justices Anderson and Christopher
14-08-00895-CV  Larry Wayne Jedkins v. Mariamma Varghese, Et Al     
Appeal from 412th District Court of Brazoria County
Trial Court Judge: W. Edwin Denman

Hughes v. Bay Area Montessori Houston, Inc. (Tex.App. - Houston [14th Dist.] Dec. 31, 2009)(Frost)
(
interlocutory appeal, professional malpractice suit)
This interlocutory appeal arises out of an architecture-malpractice case. An architect and architectural firm sought
dismissal of a school’s claims against them on the basis that the school claimant failed to comply with the certificate-of-
merit statute.  The trial court denied their motion to dismiss without stating the basis for the denial.  In a single issue, the
architect and architectural firm assert that the trial court incorrectly applied section 150.002 of the Texas Civil Practice and
Remedies Code because the affidavit filed by the school allegedly did not contain a mandatory element.  Because the
school’s cause of action accrued before the legislature amended the certificate-of-merit statute to permit an interlocutory
appeal from the denial of a motion to dismiss, this court lacks jurisdiction to consider this appeal.
DISMISSED: Opinion by Justice Frost    
Before Justices Brock Yates, Frost and Brown
14-09-00410-CV Brad Hughes and Bay Architects, Inc. ("BAI") v. Bay Area Montessori House, Inc.     
Appeal from 295th District Court of Harris County
Trial Court Judge:
Tracy Kee Christopher

DISMISSED: Per Curiam    
Before Justices Frost, Boyce and Sullivan
14-09-00486-CV  Charles Robert Jones v. Jennifer Leigh Jones     
Appeal from 310th District Court of Harris County

DISMISSED: Per Curiam    
Before Chief Justice Hedges, Justices Anderson and Christopher
14-09-00649-CV Elbar Investments, Inc. v. Sonseria Binder     
Appeal from Co Civil Ct at Law No 4 of Harris County

DISMISSED: Per Curiam    
Before Justices Brock Yates, Seymore and Brown
14-09-00719-CV        Paul Hamilton and Money Man Mortgage, Inc. v. Alice Childs     
Appeal from 333rd District Court of Harris County

In re Strebel (pdf) (Tex.App.- Houston [14th Dist.] Dec. 31, 2009)(Yates)
(mandamus re order for deposit of $250,000 into registry denied)
MOTION OR WRIT DENIED: Opinion by
Justice Brock Yates    
Before Justices Brock Yates, Frost and Brown)
14-09-00819-CV   In Re Douglas W. Strebel     
Appeal from 10th District Court of Galveston County
Trial Court Judge:   Honorable David Garner     

Ex parte Strebel (Tex.App.- Houston [14th Dist.] Dec. 31, 2009)(per curiam)
MOTION OR WRIT DENIED: Opinion by Justice
Leslie Brock Yates    
Before Justices Brock Yates, Frost and Brown)
14-09-00820-CV  Ex Parte Douglas W. Strebel     
Appeal from 10th District Court of Galveston County
Trial Court Judge: Hon. David Garner    

DISMISSED: Per Curiam    
Before Justices Brock Yates, Seymore and Brown     
14-09-00929-CV        Francisco Gonzalez Lopez v. Gil Ramirez Sr.     
Appeal from 80th District Court of Harris County

DISMISSED: Per Curiam    
Before Justices Frost, Boyce and Sullivan     
14-09-00957-CV        Jessica Rae Lynn Whitmarsh v. Richard Eugene Whitmarsh     
Appeal from 300th District Court of Brazoria County

DISMISSED: Per Curiam    
Before Justices Brock Yates, Seymore and Brown     
14-92-00320-CV        Charles L. Sowell, Jack C. Ogg and James W. Rush v. Resolution Trust
Corporation, Receiver of University Savings Association     
Appeal from 234th District Court of Harris County

DISMISSED: Per Curiam    
Before Justices Brock Yates, Seymore and Brown     
14-94-01031-CV        Dixie Evelyn Dickerson v. Carl Debarbieris, Individually and D/B/A C & N Property
Management, Palm Gardens Homeowners Association, Inc., and Nancy Groves     
Appeal from 133rd District Court of Harris County

DISMISSED: Per Curiam    
Before Justices Brock Yates, Seymore and Brown     
14-97-00161-CV        Scott, Harold L. v. Delgado, Frank     
Appeal from Co Civil Ct at Law No 2 of Harris County

Criminal Causes Decided:

AFFIRMED: Opinion by Justice Frost    
Before Justices Frost, Boyce and Sullivan     
14-09-00015-CR        Jesse Charles Aught v. The State of Texas     
Appeal from 179th District Court of Harris County

ABATED: Per Curiam    
Before Chief Justice Hedges, Justices Anderson and Christopher     
14-09-00427-CR        Robert Espinosa Garza v. The State of Texas     
Appeal from 174th District Court of Harris County

MOTION OR WRIT DENIED: Opinion by Chief Justice Hedges    
Before Chief Justice Hedges, Justices Seymore and Sullivan     
14-09-00922-CR        In Re Charles L. Grable     

MOTION OR WRIT DENIED: Opinion by Chief Justice Hedges    
Before Chief Justice Hedges, Justices Seymore and Sullivan     
14-09-00981-CR        Ex Parte John Whitson     
Appeal from 263rd District Court of Harris County

MOTION OR WRIT DENIED: Opinion by Justice Frost    
Before Justices Brock Yates, Frost and Brown     
14-09-00988-CR        In Re Michael Wayne McVicker     
Appeal from 230th District Court of Harris County

DISMISSED: Per Curiam    
Before Chief Justice Hedges, Justices Anderson and Christopher     
14-09-01012-CR        Ezequiel Avila v. The State of Texas     
Appeal from 232nd District Court of Harris County

DISMISSED: Per Curiam    
Before Justices Brock Yates, Seymore and Brown     
14-09-01013-CR        Affincie Lee Brinson v. The State of Texas     
Appeal from 180th District Court of Harris County

MOTION OR WRIT DENIED: Opinion by Justice Brock Yates    
Before Justices Brock Yates, Seymore and Brown     
14-09-01025-CR        In Re Dondie Fant     
Appeal from 184th District Court of Harris County

MOTION OR WRIT DENIED: Opinion by Justice Brock Yates    
Before Justices Brock Yates, Seymore and Brown     
14-09-01052-CR        In Re Dondie Fant    
Appeal from 184th District Court of Harris County

MOTION OR WRIT DENIED: Opinion by Justice Frost    
Before Justices Frost, Boyce and Sullivan     
14-09-01054-CR        In Re Marshall Washington     
Appeal from 248th District Court of Harris County

December 30, 2009  

Civil Causes Decided:

In re John Doe (Tex.App. - Houston [14th Dist.] Dec. 30, 2009)(Minimalist opinion Sullivan)
(mandamus regarding motion for stay denied)
MOTION OR WRIT DENIED: Opinion by
Justice Sullivan    
Before Justices Frost, Boyce and Sullivan     
14-09-01050-CV  In Re John Doe and Jane Doe, Individually and a/n/f James Doe, a minor     
Appeal from 80th District Court of Harris County
Trial Court Judge:
Larry Weiman

Criminal Causes Decided:

December 29, 2009  

Civil Causes Decided:

In re Vossdale Townhouse Ass'n (Tex.App.- Houston [14th Dist.] Dec. 29, 2009)(Seymore)
(
sanctions for discovery abuse, attorney disqualification not authorized as sanction, fundamental right to
their counsel of choice)(mandamus granted)
In the petition, relators ask this Court to compel the Honorable Mike Engelhart, presiding judge of the 151st District Court
of Harris County, to set aside his February 4, 2009 order removing relators’ attorney from representation of them in the
underlying case.  We conditionally grant the petition, in part, and deny it, in part.  An order directing that counsel may no
longer represent his clients in the subject litigation is not among those sanctions enumerated in Rule 215.2(b).
GRANTED IN PART AND DENIED IN PART: Opinion by Justice Seymore    
Before Chief Justice Hedges, Justices Seymore and Sullivan     
14-09-00723-CV  In Re Vossdale Townhouse Association, Inc.; John B. Baird, as President of the
Vossdale Townhouse Association, Inc., and Individually; and Pauletta Gwen Holley Gilbert, as Secretary
of the Vossdale Townhouse Association, Inc., and Individually    
Appeal from 151st District Court of Harris County  
Trial Court Judge:
Mike Engelhart

Criminal Causes Decided:

AFFIRMED: Opinion by Justice Boyce    
Before Justices Frost, Boyce and Sullivan     
14-09-00033-CR Casper Lee Moore v. The State of Texas     
Appeal from 411th District Court of Polk County

December 22, 2009

Civil Causes Decided:

Cherokee County Cogeneration Partners, LP v. Dynegy Marketing and Trade, Dynegy GP, Inc., (pdf)
(Tex.App.- Houston [14th Dist.] Dec. 22, 2009)(Sullivan)(
oil and gas law, commercial contract dispute,
direct vs. consequential damages)  
This commercial dispute arises from a natural-gas seller’s failure to deliver an agreed quantity of gas to the purchaser,
appellant Cherokee County Cogeneration Partners, L.P. (“Cherokee”).  The seller, appellee Dynegy Marketing and Trade,
[1] successfully moved for summary judgment by arguing Cherokee seeks only consequential “lost profits” damages
disclaimed by the parties’ contract.  We hold Cherokee has alleged compensable direct damages under the contract.  
Therefore, we reverse and remand. ... because the damages Cherokee seeks under Section 5.2 represent direct, not
consequential damages, they are not disallowed by Section 5.4.  Accordingly, Cherokee has pleaded compensable
damages in its suit against Dynegy, and the trial court’s summary judgment therefore must be reversed.
REVERSED AND REMANDED: Opinion by Justice Sullivan    
Before Chief Justice Hedges, Justices Hudson and Sullivan
14-08-00086-CV  Cherokee County Cogeneration Partners, LP v. Dynegy Marketing and Trade, Dynegy
GP, Inc., DMT Holdings, LP, DMT G.P., LLC and Chevron U.S.A. Inc.   
Appeal from 55th District Court of Harris County
Trial Court Judge:
Jeff Brown

Skylane West Ltd. v. HCAD (pdf) (Tex.App.- Houston [14th Dist.] Dec. 22, 2009) (Seymore)
(
plea to the jurisdiction, lack of standing, not property owner, thus no standing to litigate) (trial court
properly concluded it lacked subject-matter jurisdiction over the claims of all appellants)
AFFIRMED: Opinion by
Justice Charles Seymore    
Before Justices Seymore, Brown and Sullivan
14-08-00507-CV  Skylane West Ltd., Houston Skylane One LLC a/k/a Skylane West Ltd., an Skylane
West Apartments, as the Property Owners and the Property Owners v.
Harris County Appraisal District   
Appeal from 113th District Court of Harris County
Trial Court Judge:
Patricia Ann Hancock  

DL Louetta Village Square LP v. HCAD (pdf) (Tex.App.- Houston [14th Dist.] Dec. 22, 2009)(Seymore)
(
dismissal for lack of standing affirmed)(before use of a common name is adequate to justify substitution
under Rule 28, a party must show it was in fact doing business under that common name, dba)
AFFIRMED: Opinion by
Justice Seymore    
Before Justices Seymore, Brown and Sullivan
14-08-00549-CV  DL Louetta Village Square LP and JL Louetta Village Square LP a/k/a Nomura Credit
Capital Inc as the Property Owners and the
Property Owners v. Harris County Appraisal District   
Appeal from 280th District Court of Harris County
Trial Court
Judge: Tony Lindsay  

Nguyen v. Chapa (pdf) (Tex.App.- Houston [14th Dist.] Dec. 22, 2009)(Hedges)
(
real estate transaction, deeds, actual notice, constructive notice, bona fide purchaser, bona fide
mortgagee)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by
Chief Justice Hedges    
Before Chief Justice Hedges, Justices Seymore and Sullivan
14-08-00634-CV  Hue Nguyen & Southwestern National Bank v. Alonso Chapa   
Appeal from 269th District Court of Harris County
Trial Court Judge:
John T. Wooldridge  

In re Robertson (pdf) (Tex.App.- Houston [14th Dist.] Dec. 22, 2009)(per curiam denial of mandamus)
(
multiple procedural deficiencies in seeking mandamus relief in the court of appeals)
MOTION OR WRIT DENIED: Per Curiam    
Before Chief Justice Hedges, Justices Anderson and Boyce
14-09-00942-CV  In Re Ted Lawrence Robertson   
Appeal from 312th District Court of Harris County
Trial Court Judge:
Hon. Robert Hinojosa

In re Robertson (pdf)  (Tex.App.- Houston [14th Dist.] Dec. 22, 2009)(per curiam)
(
defective petition for mandamus, inadequate record)
AFFIRMED: Per Curiam    
Before Chief Justice Hedges, Justices Anderson and Boyce
14-09-01053-CV  In Re Ted Lawrence Robertson   
Appeal from 247th District Court of Harris County
Trial Court Judge:
Judge Bonnie Crane Hellums

Criminal Causes Decided:

AFFIRMED: Opinion by Justice Sullivan    
Before Chief Justice Hedges, Justices Seymore and Sullivan)
14-08-00238-CR        Kenneth Ray Roberson v. The State of Texas   
Appeal from 262nd District Court of Harris County

AFFIRMED: Opinion by Justice Brock Yates    
Before Justices Brock Yates, Frost and Brown)
14-08-00807-CR        Kesha Michele Mitchell v. The State of Texas   
Appeal from County Court at Law No 2 of Fort Bend County

December 17, 2009  

Civil Causes Decided:

Azad v. Aaron Rents Inc. (pdf)(Tex.App.- Houston [14th Dist.] Dec. 17, 2009)(Seymore)
(commercial lease case, attorney's fees)
AFFIRMED: Opinion by
Justice Seymore    
Before Chief Justice Hedges, Justices Anderson and Seymore   
14-07-01087-CV  Hardam S. Azad and Manohar S. Mann v. Aaron Rents Inc. d/b/a Aaron Rents, Inc
d/b/a Texas Aaron Rents, Inc   
Appeal from 333rd District Court of Harris County
Trial Court Judge:
Joseph J. Halbach

DISMISSED: Per Curiam    
Before Chief Justice Hedges, Justices Anderson and Christopher   
14-09-00715-CV  Texas General Land Office v. Bell Bottom Foundation Co. and Fast-Trak Construction,
Inc.   Appeal from 122nd District Court of Galveston County
Trial Court Judge: John A. Ellisor JR.

DISMISSED: Per Curiam    
Before Chief Justice Hedges, Justices Anderson and Christopher   
14-09-00736-CV Leonard Dwayne Jones v. Sherry Elaine Jones   
Appeal from 257th District Court of Harris County

DISMISSED: Per Curiam    
Before Justices Brock Yates, Seymore and Brown   
14-09-00770-CV  Salvador Salinas v. Joe Tamborella   
Appeal from Co Civil Ct at Law No 4 of Harris County

DISMISSED: Per Curiam    
Before Justices Brock Yates, Seymore and Brown   
14-09-00835-CV  John Freeman v. Patrick Freeman   
Appeal from 164th District Court of Harris County

DISMISSED: Per Curiam    
Before Justices Brock Yates, Seymore and Brown   
14-09-00848-CV Petrospect Inspection Services, Ltd. v. PMI Specialist, Inc.   
Appeal from Co Civil Ct at Law No 4 of Harris County
Trial Court Judge: Roberta Anne Lloyd

Criminal Causes Decided:

AFFIRMED: Opinion by Justice Brown    
Before Justices Seymore, Brown and Sullivan   
14-08-00657-CR        Sonny Ray Dempsey v. The State of Texas   
Appeal from 185th District Court of Harris County

AFFIRMED AND REFORMED: Opinion by Justice Frost    
Before Justices Brock Yates, Frost and Brown   
14-08-00770-CR        George Oliver McKnight v. The State of Texas   
Appeal from 177th District Court of Harris County

AFFIRMED: Per Curiam    
Before Justices Brock Yates, Frost and Brown   
14-09-00323-CR        Danny Eubank v. The State of Texas   
Appeal from 19th District Court of McLennan County

AFFIRMED: Per Curiam    
Before Chief Justice Hedges, Justices Anderson and Christopher   
14-09-00496-CR        Pedro Santibanez v. The State of Texas   
Appeal from 262nd District Court of Harris County

DISMISSED: Per Curiam    
Before Justices Brock Yates, Seymore and Brown   
14-09-00998-CR        Gery T. Kobos v. The State of Texas   
Appeal from Co Crim Ct at Law No 5 of Harris County

December 15, 2009

Civil Causes Decided:

LJ Charter, LLC  v. Air America Jet Charter, Inc. (pdf)(Tex.App.- Houston [14th Dist.] Dec. 15, 2009)
(Anderson)(
one satisfaction rule double recovery for a single injury, application of settlement credits)   
(
unjust enrichment)
We affirm the trial court’s judgment in favor of Air America on Air America’s breach of contract cause of action based on
the Agreement.  Having sustained part of appellants’ first issue on appeal and Air America’s second and third cross-
points on appeal, we modify the judgment as follows:  (1) Air America’s recovery for breach of joint venture fiduciary duty is
deleted as a violation of the One Satisfaction Rule; (2) Air America shall recover $5,980.00 from Charles N. “Trey”
Schwarz, III for breach of the oral agreement to pay for air charter services; and (3) LJ Charter, L.L.C., Charles N. “Buzzy”
Schwarz, Jr., and Charles N. “Trey” Schwarz, III, shall be jointly and severally liable for Air America’s common law fraud
damages.  Having modified the judgment, we affirm the judgment as modified.
  
AFFIRMED AS MODIFIED: Opinion by
Justice Anderson   
Before Chief Justice Hedges, Justices Anderson and Boyce  
14-08-00534-CV  LJ Charter, LLC C.N. Schwarz, III, R & S Aircraft Investments, LLC, CNS Ventures, LLC,
and Starflite Management Group, Inc. v. Air America Jet Charter, Inc.  
Appeal from 165th District Court of Harris County
Trial Court Judge:
Elizabeth Ray    

Santex Builders, LLC v. Guefen Construction, LLC (pdf)(Tex.App.- Houston [14th Dist.] Dec. 15, 2009)
(Boyce)(
default judgment set aside, defective service of citation)
Santex Builders, LLC (“Santex”) and Curtis R. Medlin appeal the trial court’s final default judgment in favor of Guefen
Construction, LLC (“Guefen”) and the trial court’s order denying their motion to set aside default judgment and
alternative
motion for new trial.  Because we conclude service of process was defective, we reverse and remand.
REVERSED AND REMANDED: Opinion by Justice Boyce   
Before Justices Anderson, Seymore and Boyce  
14-08-00840-CV Santex Builders, LLC and Curtis R. Medlin v. Guefen Construction, LLC  
Appeal from 165th District Court of Harris County
Trial Court Judge:
Hon. Elizabeth Ray   

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.

Frank v. Brittany Square Apartments (pdf)(Tex.App.- Houston [14th Dist.] Dec. 15, 2009)(Hedges)
(
eviction suit appeal, error in bringing appeal, incomplete appellate record, DWOJ on appeal)
In this forcible detainer suit, the tenant appealed the judgment of the justice court to the county court at law.  She asserts
that the county court upheld the justice court’s judgment and granted possession of the premises to the landlord, but she
identifies no appealable order in the record.  We therefore
dismiss this appeal for want of jurisdiction.
DISMISSED: Opinion by Chief Justice Hedges   
Before Chief Justice Hedges, Justices Anderson and Boyce  
14-09-00288-CV  Linda Frank v. Brittany Square Apartments  
Appeal from County Court at Law #4 of Fort Bend County
Trial Court Judge: Sandy Bielstein  

Criminal Causes Decided:

AFFIRMED: Per Curiam   
Before Justices Brock Yates, Seymore and Sullivan  
14-08-00269-CR        McKinley Dale Thomas v. The State of Texas  
Appeal from 185th District Court of Harris County

AFFIRMED: Opinion by Justice Anderson   
Before Justices Anderson, Mirabal and Boyce  
14-08-00294-CR        Celbin Alexis Galo-Martinez v. The State of Texas  
Appeal from 351st District Court of Harris County

AFFIRMED: Opinion by Justice Anderson   
Before Chief Justice Hedges, Justices Anderson and Mirabal  
14-08-00460-CR        Dante Benard Knight v. The State of Texas  
Appeal from 262nd District Court of Harris County

AFFIRMED: Opinion by Justice Boyce   
Before Chief Justice Hedges, Justices Anderson and Boyce  
14-08-01089-CR        Richard Vashawn Redd v. The State of Texas  
Appeal from 338th District Court of Harris County

December 10, 2009   

Civil Causes Decided:

EZ Postal Plus v. Capital One, N.A. (pdf) (Tex.App.- Houston [14th Dist.] Dec. 10, 2009)(per curiam
dismissal)
DISMISSED: Per Curiam    
Before Chief Justice Hedges, Justices Anderson and Seymore   
14-08-00889-CV  EZ Postal Plus and Bilal Farahshah v. Capital One, N.A.   
Appeal from County Civil Court at Law No 3 of Harris County

McCarroll v. My Sentinel, LLC (pdf) (Tex.App. - Houston [14th Dist.] Dec. 10, 2009)(Hedges) (personal
liability imposed on officers and directors based on forfeiture of corporate charter, res judicata not
applicable)
My Sentinel, L.L.C. sued Steven and Robbie McCarroll, among other directors and officers of 4M Security Systems, Inc., to
collect on a judgment previously obtained against that corporation.  My Sentinel alleged that 4M’s corporate charter had
been forfeited, and on that basis, My Sentinel sought to
impose liability for the corporation’s debt against its directors and
officers pursuant to Texas Tax Code section 171.255.  At the conclusion of the plaintiff’s case-in-chief, the McCarrolls
moved for
directed verdict on the grounds that (1) application of the doctrine of res judicata barred My Sentinel’s claim,
and (2) the debt in question was not created or incurred in Texas as required for the imposition of liability against a
director or officer of a corporation under section 171.255.  The trial court denied the motion, and at the conclusion of trial
awarded My Sentinel $58,406.89 jointly and severally against the McCarrolls.[1]  In their two issues on appeal, the
McCarrolls contend that the trial court erred in denying each of their grounds for directed verdict.  We affirm.
AFFIRMED: Opinion by Chief Justice Hedges    
Before Chief Justice Hedges, Justices Seymore and Sullivan   
14-08-01171-CV  Steven and Robbie McCarroll v. My Sentinel, LLC.,   
Appeal from 405th  District Court of Galveston County
Trial Court Judge: Wayne J. Mallia

In Interest of CW  (pdf) (Tex.App. - Houston [14th Dist.] Dec. 10, 2009)(Boyce)
Appellant  appeals a final order terminating her parental rights to her child D.G. After a bench trial, the trial court (1)
appointed the Texas Department of Family and Protective Services (“DFPS”) as sole managing conservator of appellant’s
four children, C.W. Jr., I.S., E.R., and D.G.; and (2) involuntarily terminated the parent-child relationship between appellant
and D.G.  In four issues, appellant argues that (1) she received ineffective assistance of counsel; (2) the trial court’s
judgment exceeded the scope of the pleadings; (3) the evidence was legally and factually insufficient to prove that
appellant knowingly placed or knowingly allowed D.G. to remain in conditions or surroundings which endangered her
physical or emotional well-being; and (4) the evidence was legally and factually insufficient to prove that termination of the
parent-child relationship between appellant and D.G. was in the best interest of D.G.We affirm.
AFFIRMED: Opinion by Justice Boyce    
Before Chief Justice Hedges, Justices Anderson and Boyce   
14-09-00306-CV In the Intererst of C.W., Jr., I.S., E.R., & D.G   
Appeal from 306th District Court of Galveston County
Trial Court Judge: Janis Louise Yarbrough

DISMISSED: Per Curiam    
Before Justices Frost, Boyce and Sullivan   
14-09-00375-CV  Grason Communities, Ltd. v. Townes G. Presser, as Trustee for the Townes Family
Trust   Appeal from 281st District Court of Harris County

DISMISSED: Per Curiam    
Before Chief Justice Hedges, Justices Anderson and Seymore   
14-09-00508-CV  James Whittaker v. ManPower   
Appeal from 151st District Court of Harris County

DISMISSED: Per Curiam    
Before Justices Frost, Boyce and Sullivan   
14-09-00872-CV Katsy Cluck v. John W. Mecom, Jr.,   
Appeal from County Civil Court at Law No 4 of Harris County

DISMISSED: Per Curiam    
Before Chief Justice Hedges, Justices Seymore and Sullivan   
14-09-00898-CV  Joe Watson and CCB Home Investors III, L.L.C. v. Richard Tomlinson Vivan Mouton
Tomlinson   
Appeal from 113th District Court of Harris County

Criminal Causes Decided:

DISMISSED: Per Curiam    
Before Justices Frost, Boyce and Sullivan   
14-09-00951-CR        Kaffery Ray Jackson v. The State of Texas   
Appeal from 262nd District Court of Harris County

December 8, 2009  

Civil Causes Decided:

Shanley v. First Horizon Home Loan Corp. (pdf) (Tex.App.- Houston [14th Dist.] Dec. 8, 2009)(Sullivan)
(
misrepresentation, reliance element)
Because the Shanleys failed to present evidence raising a genuine issue of material fact as to the element of reliance,
we conclude that the trial court properly granted summary judgment to Digital Draw on their negligent misrepresentation
claim.  Issue one as to Digital Draw is overruled.
AFFIRMED: Opinion by Justice Sullivan    
Before Justices Seymore, Brown and Sullivan   
14-07-01023-CV  Michael E. Shanley and Veronica R. Shanley v. First Horizon Home Loan Corp   
Appeal from 334th District Court of Harris County
Trial Court Judge:
Sharon McCally

Shanley v. Digital Draw Network (pdf) (Tex.App.- Houston [14th Dist.] Dec. 8, 2009)(Sullivan)
(
Motion for Leave to Amend, Expert Witness Affidavit, Motion for Continuance)
AFFIRMED: Opinion by
Justice Sullivan    
Before Justices Seymore, Brown and Sullivan   
14-08-00060-CV  Michael E. Shanley and Veronica R. Shanley v. Digital Draw Network   
Appeal from 334th District Court of Harris County
Trial Court Judge:
Sharon McCally

Ex Parte S.C. (pdf)(Tex.App.- Houston [14th Dist.] Dec. 8, 2009)(Seymore)(expunction appeal)
Appellant, Texas State Securities Board appeals from an expunction order concerning files and records relating to
appellee, S.C.  In its sole issue, the Board contends the order is broader than authorized by the statute governing
expunction.  Because we agree, we modify the order and affirm as modified.
AFFIRMED AS MODIFIED: Opinion by Justice Charles Seymore    
Before Justices Seymore, Brown and Boyce   
14-08-00381-CV  Ex Parte S.C   
Appeal from 189th District Court of Harris County
Trial Court Judge:
Bill Burke

City of Alvin v. Zindle (pdf) (Tex.App.- Houston [14th Dist.] Dec. 8, 2009)
(
oil and gas law, mineral estate, tax lien foreclosure)
AFFIRMED AS MODIFIED: Opinion by
Justice Seymore    
Before Chief Justice Hedges, Justices Seymore and Sullivan   
14-08-00458-CV  City of Alvin v. Sallie Zindle   
Appeal from 239th District Court of Brazoria County
Trial Court Judge: Hon. Patrick Edward Sebesta

McKinney & Moore, Inc. v. City of Longview, Tx (pdf) (Tex.App.- Houston [14th Dist.] Dec. 8, 2009)
(Hedges)(
plea to the jurisdiction governmental immunity)
AFFIRMED AS MODIFIED: Opinion by Chief
Justice Hedges    
Before Chief Justice Hedges, Justices Seymore and Sullivan   
14-08-00628-CV  McKinney & Moore, Inc. v. City of Longview, Texas   
Appeal from 188th District Court of Gregg County
Trial Court Judge: Judge David Scott Brabham

In Interest of JJJ (pdf) (Tex.App.- Houston [14th Dist.] Dec. 8, 2009)(Hedges)(SAPCR dispute)
Kelli Lane Lowery appeals from the trial court’s dismissal for want of jurisdiction of Lowery’s action seeking joint
managing conservatorship of J.J.J., a child.  J.J.J. had been adopted in a prior action in a different court by appellee,
Roderick L. Jones.  In her first issue on appeal, Lowery challenges the trial court’s dismissal of her claims on
jurisdictional grounds.  In her second issue, she argues that the trial court should have permitted her to (1) present
evidence in support of her standing to bring the lawsuit, and (2) amend her pleadings.  Finding that the trial court erred in
dismissing for want of jurisdiction, we reverse and remand for further proceedings below.
REVERSED AND REMANDED: Opinion by Chief Justice Adele Hedges    
Before Chief Justice Hedges, Justices Seymore and Sullivan   
14-08-01015-CV   In the Interest of J.J.J., a Child   
Appeal from 257th District Court of Harris County
Trial Court Judge:
Judy L. Warne  

Citrin Holdings, LLC v. Minnis (pdf) (Tex.App.- Houston [14th Dist.] Dec. 8, 2009)(Boyce)
(
denial of special appearance affirmed in interlocutory appeal)
Appellants Jacob Citrin, Citrin Holdings LLC, Cargo Investors LLC, and Cargo Investors II LLC challenge the trial court’s
order denying their special appearances.  See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(7) (Vernon 2008).  We affirm.
AFFIRMED: Opinion by Justice Boyce    
Before Justices Anderson, Guzman and Boyce   
14-09-00186-CV  Citrin Holdings, LLC, Jacob Citrin, Cargo Investors LLC, and Cargo Investors II LLC
v. Matthew Minnis and Cullen 130, LLC   
Appeal from 133rd District Court of Harris County
Trial Court Judge:  
Jaclanel McFarland

Criminal Causes Decided:

AFFIRMED: Opinion by Justice Boyce    
Before Justices Anderson, Boyce and Sullivan   
14-08-00831-CR        Curtis Green Jr. v. The State of Texas   
Appeal from 177th District Court of Harris County

AFFIRMED: Opinion by Justice Anderson    
Before Chief Justice Hedges, Justices Anderson and Boyce   
14-09-00003-CR        Jason Anthony Hill v. The State of Texas   
Appeal from 268th District Court of Fort Bend County

December 3, 2009  

Civil Causes Decided:

Sharma v. Routh (pdf) (Tex.App.- Houston [14th Dist.] Dec. 3,2009)(Concurrence by Hedges)
(
divorce appeal, characterization of property)
Because the trial court mischaracterized a portion of the marital property, namely the trust income from Alice's
testamentary trusts, the majority correctly reverses and remands this case.  Although I agree with the majority's
disposition, I would reverse and remand for different reasons.  I therefore concur in the judgment only and write
separately to explain my reasons.
Concurring Opinion by Chief Justice Adele Hedges  
14-06-00717-CV  Timothy L. Sharma v. Lisa C. Routh    
Appeal from 246th District Court of Harris County
Trial Court Judge:
Jim York

Walker v. Rangel (pdf) (Tex.App.- Houston [14th  Dist.] Dec. 3, 2009)(Seymore)(harm analysis re
admission/exclusion of evidence)
A jury found Rangel’s negligence did not proximately cause the accident.  Walker now appeals, contending the trial court
erred in admitting opinion testimony of Senior Police Officer Daryl Woods of the Houston Police Department and Rangel’s
accident reconstruction expert, Dale King. After a thorough review of the appellate record, we conclude the trial court
erroneously admitted testimony
REVERSED AND REMANDED: Opinion by Justice Seymore  
Before Chief Justice Hedges, Justices Seymore and Sullivan    
14-08-00643-CV        Juanita Walker v. April Rangel    
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court Judge:
Roberta Anne Lloyd

DISMISSED: Per Curiam  
Before Chief Justice Hedges, Justices Anderson and Seymore    
14-08-00886-CV  Benson Bailess and Alnet Bailess v. Kelly Moore Paint Company, Inc.    
Appeal from 133rd District Court of Harris County

DISMISSED: Per Curiam  
Before Justices Brock Yates, Frost and Brown    
14-08-00959-CV  Bethany James v. Westgate Apartments    
Appeal from Co Civil Ct at Law No 4 of Harris County

DISMISSED: Per Curiam  
Before Justices Brock Yates, Anderson and Boyce    
14-08-00981-CV  In the Interest of J.T.H.    
Appeal from 313th District Court of Harris County

DISMISSED: Per Curiam  
Before Justices Anderson, Seymore and Boyce    
14-09-00183-CV  Jesse Bernard Jackson v. Sandra Day Jackson    
Appeal from
312th District Court of Harris County

DISMISSED: Per Curiam  
Before Justices Brock Yates, Frost and Brown    
14-09-00687-CV        In Re Texoma Ford, Inc.    
Appeal from 152nd District Court of Harris County

MOTION OR WRIT DENIED: Per Curiam  
Before Justices Brock Yates, Frost and Brown    
14-09-00692-CV        In Re David Smotherman    
Appeal from 434th Judicial District Court of Fort Bend County

DISMISSED: Per Curiam  
Before Chief Justice Hedges, Justices Seymore and Sullivan    
14-09-00724-CV        In the Interest of C.J., a Child    
Appeal from 25th District Court of Colorado County

VACATED AND REMANDED: Per Curiam  
Before Justices Brock Yates, Frost and Brown    
14-09-00791-CV        Newport Development Joint Venture, Rampart Properties, L.P.,
Newport Fund, L.L.C, Saga Land, Inc. v. HOBA Lake Houston GP, L.L.C., and Ron Holley    
Appeal from 151st District Court of Harris County

DISMISSED: Per Curiam  
Before Chief Justice Hedges, Justices Seymore and Sullivan    
14-09-00800-CV        J.A. "Jay" Asafi as Independent Administrator of the Estate of Alosia Smith
Rauscher, Deceased and Todd Reagan Smith v. Martin J. Rauscher    
Appeal from Probate Court No 2 of Harris County

DISMISSED: Per Curiam  
Before Chief Justice Hedges, Justices Seymore and Sullivan    
14-09-00827-CV        In the Interest of R.S., a child    
Appeal from 310th District Court of Harris County

DISMISSED: Per Curiam  
Before Chief Justice Hedges, Justices Anderson and Seymore    
14-09-00949-CV        Gordon A. Stamper v. MOSH Holdings LP    
Appeal from 334th District Court of Harris County

Criminal Causes Decided:

AFFIRMED: Opinion by Justice Brock Yates  
Before Justices Brock Yates, Anderson and Boyce    
14-08-00330-CR        Mario Antonio Bellard v. The State of Texas    
Appeal from 252nd District Court of Jefferson County

AFFIRMED: Opinion by Justice Brock Yates  
Before Justices Brock Yates, Frost and Brown    
14-08-00374-CR        Rivis Byrd v. The State of Texas    
Appeal from 339th District Court of Harris County

AFFIRMED: Opinion by Justice Frost  
Before Justices Brock Yates, Frost and Brown    
14-08-00521-CR        Sean Thomas Saunders v. The State of Texas    
Appeal from 209th District Court of Harris County

AFFIRMED: Per Curiam  
Before Justices Seymore, Brown and Sullivan    
14-08-00576-CR        Cornelius Davis v. The State of Texas    
Appeal from 179th District Court of Harris County

AFFIRMED: Opinion by Justice Boyce  
Before Justices Anderson, Mirabal and Boyce    
14-08-00780-CR        Donnell Duane Kemp v. The State of Texas    
Appeal from 262nd District Court of Harris County

AFFIRMED: Opinion by Chief Justice Hedges  
Before Chief Justice Hedges, Justices Seymore and Sullivan    
14-08-00820-CR        Lamonn Eugene Blunt v. The State of Texas    
Appeal from 185th District Court of Harris County

DISMISSED: Per Curiam  
Before Justices Brock Yates, Frost and Brown    
14-08-00824-CR        Kenneth Wayne Moss v. The State of Texas    
Appeal from 176th District Court of Harris County

AFFIRMED: Opinion by Justice Anderson  
Before Chief Justice Hedges, Justices Anderson and Boyce    
14-08-00828-CR        Clifton Randall Bryan v. The State of Texas    
Appeal from 178th District Court of Harris County

AFFIRMED: Opinion by Justice Mirabal  
Before Justices Anderson, Mirabal and Boyce    
14-08-00906-CR        Elizabeth A. Rodriguez v. The State of Texas    
Appeal from 232nd District Court of Harris County

DISMISSED: Per Curiam  
Before Justices Anderson, Brown and Boyce    
14-09-00939-CR        L J Quitile Kuyendall v. The State of Texas    
Appeal from 178th District Court of Harris County

December 1, 2009

Civil Causes Decided: None

Criminal Causes Decided:

MOTION OR WRIT DENIED: Per Curiam  
Before Justices Brock Yates, Frost and Brown    
14-09-00947-CR  In Re Billy Homes    
Appeal from 178th District Court of Harris County

DISMISSED: Per Curiam  
Before Justices Brock Yates, Frost and Brown    
14-09-00967-CR Chantilly Annette Hamm v. The State of Texas    
Appeal from 230th District Court of Harris County

DISMISSED: Per Curiam  
Before Justices Brock Yates, Frost and Brown    
14-09-00971-CR Juan Rodriguez v. The State of Texas    
Appeal from County Criminal Court at Law No 8 of Harris County  

.
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