| Decisions of the Fourteenth Court of Appeals in Houston July 2009 |
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Opinion Release Dates: July 2, 7, 9, 14, 16, 21, 23, 28, 30, 2009 JUNE 2009 DECISIONS WITH LINKS TO APPELLATE OPINIONS IN CIVIL CASES DETAILS FOR CASES DECIDED BY THE FOURTEENTH COURT OF APPEALS IN JUNE 2009 Released Opinions July 30, 2009 <-- Click date to go to court's docket Civil Causes Decided: Patton v. Patton (Tex.App.- Houston [14th Dist.] July 30, 2009)(per curiam dismissal of appeal after conclusion of bankruptcy and notice to parties; bankruptcy stay was in effect) DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-05-00803-CV Laura A. Patton v. Jimmy R. Patton Appeal from 246th District Court of Harris County Robertson v. Barnes (Tex.App.- Houston [14th Dist.] July 30, 2009)(Sullivan) (home owner, consumer law, DTPA, home in poor condition, stucco problem, seller was not required to disclose prior water damage because repair was not "structural" which the court construes as referring to load-bearing) AFFIRMED: Opinion by Justice Sullivan Before Justices Brock Yates, Guzman and Sullivan 14-07-00791-CV Chris Robertson v. Joe Barnes and Sandion, Ltd d/b/a Coldwell Banker United, Realtors Appeal from 280th District Court of Harris County Trial Court Judge: TONY LINDSAY Martinez v. Donisi (Tex.App.- Houston [14th Dist.] July 30, 2009)(Frost)(inheritance dispute, probate law, dispute re money alleged to have been held in trust for grandchild, claims of alleged violations of the Texas Theft Liability Act, conversion of money, breach of fiduciary duty, and fraud) (summary judgment based on limitations reversed, accrual date not proven)(multiple appeals)(summary judgment based on limitations reversed, movant did not prove accrual date) REVERSED AND REMANDED: Opinion by Justice Frost Before Justices Frost, Brown and Boyce 14-08-00166-CV Jaime Martinez v. Philip Donisi, Independent Executor of the Estate of Jackie Marie Gammil Appeal from Probate Court No 2 of Harris County Trial Court Judge: Michael James Wood Nogle & Black Aviation, Inc. v. Faveretto (Tex.App.- Houston [14th Dist.] July 30, 2009)(Suppl. op. on rehearing by Yates) Suppl. op. on rehearing by Yates) (documents only attached to brief but not part of record not to be considered, absence of findings of facts and conclusions of law, basis for exercise of personal jurisdiction)(case with multiple appeals) OVERRULED: Opinion by Justice Brock Yates Before Justices Brock Yates, Seymore and Boyce 14-08-00272-CV Nogle & Black Aviation, Inc. and Charles Judson Nogle v. Anna Maria Faveretto as Next Friend of Alejandro Migliori and Mariana Migliori, Minors, Americo Migliori as Administrator of the Estate of Peitro Foster Migliori Appeal from Probate Court No 1 of Harris County Trial Court Judge: RUSSELL P. AUSTIN In Interest of XCB (Tex.App.- Houston [14th Dist.] July 30, 2009)(Subst. op. by Anderson) (termination of parental rights, intervenor, effect of paternity testing, Holley v. Adams best interest factors), appointment of DFPS as sole managing conservator) AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Guzman and Boyce 14-08-00851-CV In the Interest of X.C.B., AKA X.C, I.C.B., AKA I.C., S. B.C., and J.W.C AKA J. W. W. Appeal from 315th District Court of Harris County Trial Court Judge: MICHAEL H. SCHNEIDER Perry v. Perry (Tex.App.- Houston [14th Dist.] July 30, 2009)(dismissed per curiam) (failure to pay filing fee, no clerk's record) DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Frost 14-09-00505-CV Jacqueline P. Perry v. Randolph Perry Appeal from County Civil Court at Law No 2 of Harris County Swabb v. Swabb (Tex.App.- Houston [14th Dist.] July 30, 2009)(per curiam dismissal) (dismissed on account of failure to pay for record on appeal) DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00545-CV David Swabb v. Janie Guerra Swabb Appeal from 246th District Court of Harris County Criminal Causes Decided July 30, 2009 AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Frost 14-07-00781-CR Teobaldo Figueroa Velazquez v. The State of Texas Appeal from 339th District Court of Harris County AFFIRMED: Opinion by Justice Brown Before Justices Frost, Brown and Boyce 14-07-01047-CR Steven Briones v. The State of Texas Appeal from 178th District Court of Harris County AFFIRMED: Opinion by Justice Sullivan Before Justices Brock Yates, Guzman and Sullivan 14-08-00236-CR Marcus Anthony Wilson v. The State of Texas Appeal from 178th District Court of Harris County AFFIRMED: Opinion by Justice Boyce Before Justices Anderson, Guzman and Boyce 14-08-01061-CR My Thi Tieu v. The State of Texas Appeal from Co Crim Ct at Law No 12 of Harris County July 28, 2009 Civil Causes Decided: Larsen v. Santa Fe ISD (Tex.App.- Houston [14th Dist.] Jul. 28, 2009)(Boyce) (public employment, workers compensation retaliation, exhaustion of administrative remedies not required here) AFFIRMED: Opinion by Justice Boyce Before Justices Frost, Brown and Boyce 14-07-01038-CV Erik Larsen v. Santa Fe Independent School District Appeal from 10th District Court of Galveston County Trial Court Judge: DAVID EDWARD GARNER Grynberg v. Grey Wolf Drilling Co., LP (Tex.App.- Houston [14th Dist.] Jul. 28, 2009)(Guzman) (commercial contract dispute, accord and satisfaction defense)(neither party established a right to judgment as a matter of law) REVERSED AND REMANDED: Opinion by Justice Guzman Before Justices Brock Yates, Guzman and Sullivan) 14-08-00101-CV Jack J. Grynberg Individually and d/b/a Grynberg Petroleum Company v. Grey Wolf Drilling Company, L.P. Appeal from 165th District Court of Harris County Trial Court Judge: Elizabeth Ray In Re Van Dyke (Tex.App.- Houston [14th Dist.] Jul. 28, 2009)(per curiam denial) (mandamus re: nunc pro tunc judgment) (mandate, subsequent appeals) MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Guzman 14-09-00556-CV In Re Scott Van Dyke Appeal from 133rd District Court of Harris County Trial Court Judge: Hon. Jaclanel McFarland Criminal Causes Decided: AFFIRMED: Opinion by Justice Guzman Before Justices Brock Yates, Guzman and Sullivan) 14-08-00371-CR Steven Andrew Brambila v. The State of Texas Appeal from 209th District Court of Harris County AFFIRMED: Opinion by Justice Guzman Before Justices Brock Yates, Guzman and Sullivan 14-08-00372-CR Steven Andrew Brambila v. The State of Texas Appeal from 209th District Court of Harris County AFFIRMED: Opinion by Justice Guzman Before Justices Brock Yates, Guzman and Sullivan 14-08-00373-CR Steven Andrew Brambila v. The State of Texas Appeal from 209th District Court of Harris County AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Sullivan 14-08-00794-CR Sonya Nicole Marin v. The State of Texas Appeal from 21st District Court of Washington County AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Sullivan 14-08-00803-CR Christopher Alexander v. The State of Texas Appeal from 232nd District Court of Harris County REVERSED AND REMANDED: Opinion by Justice Guzman Before Justices Anderson, Guzman and Boyce 14-08-00905-CR The State of Texas v. Brian K. Dugas Appeal from Co Crim Ct at Law No 15 of Harris County July 23, 2009 Civil Causes Decided: Walston v. Anglo-Dutch Petroleum Int., Inc. (Tex.App.- Houston [14th Dist.] Jul. 23, 2009) (breach of contract claim, counterclaims for breach of fiduciary duty, conversion, estoppel, unjust enrichment, breach of the duty of good faith and fair dealing, fraud, negligent misrepresentation, constructive fraud, money had and received, assumpsit, quantum meruit, and constructive trust. AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Sullivan 14-07-00959-CV Gerald M. Walston, Ben C. Morris and William L. Childress v. Anglo-Dutch Petroleum (Tenge) L.L.C., Anglo-Dutch Petroleum International, Inc. and Scott V. Van Dyke Appeal from 157th District Court of Harris County Trial Court Judge: Randy Wilson Beluga Chartering B.V. v. Timber S.A. (Tex.App.- Houston [14th Dist.] Jul. 23, 2009) (Boyce) (appeal from order denying special appearance, recognition of foreign judgments) AFFIRMED: Opinion by Justice Boyce Before Justices Anderson, Guzman and Boyce 14-08-00311-CV Beluga Chartering B.V. v. Timber S.A., Appeal from 281st District Court of Harris County Trial Court Judge: David J. Bernal Kalina v. Burns (Tex.App.- Houston [14th Dist.] Jul. 23, 2009)(Hedges)(probate law: mental capacity of testator to convey real estate property, undue influence, void deed, claim of ,jury charge error) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00589-CV Larry Kalina, Diane Kalina and Clint Kalina v. Cody Will Burns, Individually and as Administrator of the Estate of Karen Dean Burns, Deceased Appeal from 12th District Court of Madison County Boateng v. USA and Trailblazer Health Enterprises, LLC (Tex.App.- Jul. 23, 2009) DISMISSED: Per Curiam (mediation ordered by court of appeals successful, joint motion to dismiss) Before Justices Anderson, Guzman and Boyce 14-09-00093-CV Afuah Boateng, Johnell Sanders Fernandez, Sharon Gay, Dr. Joel S. Hochman, Rosalind Hull, Gloria Ann Tucker and Missy L. Walker v. United States of America and Trailblazer Health Enterprises, LLC Appeal from 280th District Court of Harris County Trial Court Judge: TONY LINDSAY DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Frost 14-09-00223-CV High Lite Carribean Cultural Exchange and Development v. Chancellors Family Center Appeal from County Civil Court at Law No 2 of Harris County DISMISSED: Per Curiam (appeal dismissed, no brief filed) Before Chief Justice Hedges, Justices Brock Yates and Frost 14-09-00226-CV Martin T. Franco v. N. Quarterman, Director for the Texas Deaprtment of Criminal Justice Institutional Division Appeal from 412th District Court of Brazoria County DISMISSED: Per Curiam (failure to pay appellate filing fee) Before Justices Anderson, Guzman and Boyce 14-09-00413-CV Federico Mendoza v. Edgar E. Martinez Appeal from Co Civil Ct at Law No 3 of Harris County DISMISSED: Per Curiam (accelerated appeal from an order denying a special appearance; appeal dismissed on appellant' s request) Before Chief Justice Hedges, Justices Brock Yates and Frost 14-09-00502-CV Favret, Demarest, Russo & Lutkewitte, a Professional Law Corporation v. Rimkus Consulting Group Appeal from County Civil Court at Law No 3 of Harris County In Re Johnson (Tex.App.- Houston [14th Dist.] Jul. 23, 2009)(per curiam denial of mandamus) (mandamus challenge to allegedly void order improper, regular appeal from final judgment available) MOTION OR WRIT DENIED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00603-CV In Re R. Wayne Johnson Appeal from 122nd District Court of Galveston County (name of judge not shown) In Re Thompson (Tex.App.- Houston [14th Dist.] Jul. 23, 2009)(mandamus petition re: forwarding of notice of appeal mooted by docketing of appeal) DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00604-CV In re Lawrence Edward Thompson Appeal from 152nd District Court of Harris County Trial Court Judge: Hon. Robert Schaffer In Re Kennedy (Tex.App.- Houston [14th Dist.] Jul. 23, 2009)(per curiam dismissal) (mandamus petition re free record for appeal moot) DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Frost 14-09-00612-CV In Re Michael Kennedy Appeal from 334th District Court of Harris County In Re Johnson (Tex.App.- Houston [14th Dist.] Jul. 23, 2009)(per curiam denial) (allegedly void final orders dismissing cases with prejudice are nevertheless appealable; mandamus relief denied)(IFP appeal, finality of order for purposes of regular appeal, mandamus criteria) MOTION OR WRIT DENIED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00614-CV In Re R. Wayne Johnson Appeal from 10th District Court of Galveston County (judge's name not on docket) Criminal Causes Decided: AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Sullivan 14-08-00287-CR Greg Ferm v. The State of Texas Appeal from 344th District Court of Chambers County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00907-CR Donald Allen Shaffett v. The State of Texas Appeal from Co Crim Ct at Law No 4 of Harris County AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00934-CR David R. Dunnagan v. The State of Texas Appeal from 351st District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Frost 14-09-00428-CR Leonard Andre Watkins v. The State of Texas Appeal from Co Crim Ct at Law No 8 of Harris County MOTION OR WRIT DENIED: Per Curiam Before Justices Seymore, Brown and Sullivan 14-09-00611-CR In Re Leon Harrison Appeal from 230th District Court of Harris County July 21, 2009 Civil Causes Decided: Loposer v. HCAD (Tex.App.- Houston [1st Dist.] Jul. 21, 2009)(Yates) (tax appraisal appeal, judicial review suit)(agreement on appraisal value of home precludes subsequent appeal) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Sullivan 14-07-00956-CV Timothy C. & Leeann Loposer v. Harris County Appraisal District and The Appraisal Review Board of Harris County Appraisal District Appeal from 80th District Court of Harris County Trial Court Judge: LYNN M. BRADSHAW-HULL Mid-Continent Casualty Co. v. Global Enercom Management, Inc. (Tex.App.- Houston [1st Dist.] Jul. 21, 2009)(Anderson)(insurance law, coverage dispute, construction of policy, applicability of exclusion, causality analysis, formation of contract without signature, performance by party) AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-01006-CV Mid-Continent Casualty Company v. Global Enercom Management, Inc Appeal from 215th District Court of Harris County Trial Court Judge: LEVI JAMES BENTON CONCURRING/DISSENTING: Concurring and Dissenting Opinion by Justice Seymore 2900 Smith, Ltd. v. Constellation Newenergy, Inc. (Tex.App.- Houston [1st Dist.] Jul. 21, 2009)(Anderson) (sworn account, electricity service, notice of higher rate by new provider disputed, sufficiency review, findings of facts and conclusions of law, abatement for new judge to file findings) AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00061-CV 2900 Smith, Limited and Katie Pham v. Constellation Newenergy, Inc. Appeal from 190th District Court of Harris County Trial Court Judge: Jennifer Elrod Walker Financial Freedom Senior Funding Corp. v. Horrocks (Tex.App.- Houston [1st Dist.] Jul. 21, 2009)(Anderson) (real estate litigation, probate law, suit to quiet title, declaratory judgment, demand note, life estate, reverse mortgages, statute of limitations for foreclosure of lien in real property, deed of trust) AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00109-CV Financial Freedom Senior Funding Corp v. Michael L. Horrocks, Administrator of Estate of Mary Edythe Mullane, Deceased Appeal from Probate Court No 4 of Harris County Trial Court Judge: WM CAMERON MCCULLOCH BACM 2002 PBs Westpart Dr LP v. HCAD (Tex.App.- Houston [1st Dist.] Jul. 21, 2009)(Frost) (prior owner did not have standing to bring ad valorem tax protests appeal, judicial review suit, assumed name theory as basis for substitution of correct party rejected, no standing - no subject matter jurisdiction). AFFIRMED: Opinion by Justice Frost Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00493-CV BACM 2002 PB2 Westpark Dr LP, Houston Parkwest Place Ltd, as the Property Owners and the Property Owners v. Harris County Appraisal District and the Appraisal Review Board of Harris County Appraisal District Appeal from 11th District Court of Harris County Trial Court Judge: Mark Davidson Martin v. State of Texas (Tex.App.- Houston [1st Dist.] Jul. 21, 2009)(per curiam) (dismissal of lawsuit without a hearing, dismissal with prejudice) AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-01174-CV Timothy Paul Martin v. The State of Texas Appeal from 412th District Court of Brazoria County Trial Court Judge: W. Edwin Denman In Re Kenefick (Tex.App.- Houston [1st Dist.] Jul. 21, 2009)(per curiam denial) (discovery order mandamus denied) MOTION OR WRIT DENIED: Per Curiam Before Justices Seymore, Brown and Sullivan 14-09-00547-CV In Re Brian Kenefick Appeal from 308th District Court of Harris County Trial Court Judge: Judge Georgia Dempster Criminal Causes Decided: AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Sullivan 14-08-00062-CR Keith Chester Hill v. The State of Texas Appeal from 337th District Court of Harris County AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Sullivan 14-08-00437-CR Maximus Paul v. The State of Texas Appeal from 180th District Court of Harris County AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Sullivan 14-08-00439-CR Maximus Paul v. The State of Texas Appeal from 180th District Court of Harris County July 16, 2009 Civil Causes Decided: Frick v. Total Separation Solutions, LLC (Tex.App.- Houston [14th Dist.] Jul. 16, 2009)(per curiam dismissal of temporary injunction appeal, temporary injunction moot, jury trial and stipulation to vacate TI, order entered dissolving temporary injunction) DISMISSED: Per Curiam Before Justices Brock Yates, Guzman and Brown 14-07-00290-CV F. Alan "Bud" Frick, Butler & Cook, Inc. d/b/a Butler and Cook, Inc. Butler and Cook Hydraulic Center, Inc., B & C of Fort Smith, Inc. and John J. "Toby" Koprovic v. Total Separation Solutions, LLC Appeal from 215th District Court of Harris County Trial Court Judge: LEVI JAMES BENTON Gentry v. HPD (Tex.App.- Houston [14th Dist.] Jul. 16, 2009)(Anderson) (inmate litigation, pro se, IFP, dismissal of inmate suit without a hearing affirmed)(no collateral attack on criminal conviction in civil suit) AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Guzman and Boyce 14-08-01094-CV Frankie R. Gentry v. Houston Police Department Appeal from 280th District Court of Harris County Trial Court Judge: TONY LINDSAY In Interest of KLB (Tex.App.- Houston [14th Dist.] Jul. 16, 2009)(Hedges) (termination of parental rights, prebirth conduct by parent, transfer of cases between courts of appeal and precedent to follow) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Frost 14-09-00061-CV In the Interest of K.L.B., a Child Appeal from 74th District Court of McLennan County Trial Court Judge: [Judge not identified on appellate docket] Argo v. Select Portfolio Servicing, Inc. (Tex.App.- Houston [14th Dist.] Jul. 16, 2009)(per curiam dismissal) (no interlocutory appeal of expedited foreclosure order, home equity loans) DISMISSED: Per Curiam Before Justices Seymore, Brown and Sullivan 14-09-00309-CV John Robert Argo v. Select Portfolio Servicing, Inc., U.S. Bank National Association, As Trustees, Et Al. Appeal from 55th District Court of Harris County Trial Court Judge: Dion Ramos Trial Court Case #: 2008-37488 (Tex.App.- Houston [14th Dist.] Jul. 16, 2009)(per curiam dismissal)(nonpayment of fees) DISMISSED: Per Curiam Before Justices Seymore, Brown and Sullivan 14-09-00411-CV Dewayne Charleston v. Waller Independant School District Appeal from 151st District Court of Harris County [no trial court judge shown on appellate docket] Midland Funding, LLC v. Chafi (Tex.App.- Houston [14th Dist.] Jul. 16, 2009) (per curiam dismissal per settlement; debt suit) DISMISSED: Per Curiam Before Justices Seymore, Brown and Sullivan 14-09-00504-CV Midland Funding, LLC v. Fariborz Chafi Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: Jacqueline Lucci-Smith Criminal Causes Decided: AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Hudson and Frost 14-08-00520-CR Alfredo Juan Tobar v. The State of Texas Appeal from 180th District Court of Harris County AFFIRMED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-08-00542-CR Juan Paulo Flores v. The State of Texas Appeal from 337th District Court of Harris County AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Guzman and Boyce 14-08-00782-CR Glenn Merrell v. The State of Texas Appeal from 182nd District Court of Harris County AFFIRMED: Per Curiam Before Justices Seymore, Brown and Sullivan 14-09-00036-CR Joycealyn Denise Williams v. The State of Texas Appeal from 252nd District Court of Jefferson County ABATE CASE: Before 14-09-00124-CR Alexander Oveal v. The State of Texas Appeal from 339th District Court of Harris County Released Opinions July 14, 2009 Civil Causes Decided: Church v. Quick (Tex.App.- Houston [14th Dist.] Jul. 14, 2009)(Guzman)(restricted appeal, a nonresident spouse)(Because the trial court lacked personal jurisdiction over the nonresident spouse, the court of appeals modifies the judgment to eliminate all relief other than the divorce and affirms the judgment as modified.) AFFIRMED AS MODIFIED: Opinion by Justice Guzman Before Justices Anderson, Guzman and Boyce) 14-08-00131-CV Joyce Gail Church v. Kenneth Richard Quick Appeal from 246th District Court of Harris County Trial Court Judge: Jim York Jones v. Smith (Tex.App.- Houston [14th Dist.] Jul. 14, 2009)(real estate law: action to quiet title, not bona fide purchaser, quantum meruit cross-claim, findings of fact and conclusions of law) REVERSED AND REMANDED: Opinion by Justice Guzman Before Justices Brock Yates, Guzman and Sullivan) 14-08-00639-CV Guy Jones v. Jeanne M. Smith and Peter A. Morgenroth Appeal from 405TH District Court of Galveston County Trial Court Judge: WAYNE J. MALLIA In Re N.W. Enterprises, Inc. (Tex.App.- Houston [14th Dist.] Jul. 14, 2009)(per curiam) (temporary injunction challenge brought by mandamus) MOTION OR WRIT DENIED: Opinion by Justice Brown Before Justices Seymore, Brown and Sullivan) 14-09-00577-CV In Re N.W. Enterprises, Inc. d/b/a Gaslight News and Video Appeal from 133rd District Court of Harris County Trial Court Judge: Jaclanel McFarland Criminal Causes Decided: AFFIRMED AS MODIFIED: Opinion by Justice Boyce Before Justices Frost, Brown and Boyce) 14-08-00051-CR Desmond Jerod Grays v. The State of Texas Appeal from 400th District Court of Fort Bend County July 9, 2009 {link to docket} Civil Causes Decided: DISMISSED: Per Curiam Before Justices Brock Yates, Guzman and Sullivan 14-07-01022-CV In The Matter of Jo Ann Ortman Appeal from County Court at Law No 1 of Fort Bend County Trial Court Judge: Ben "Bud" W. Childers DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Frost 14-09-00421-CV Joseph Patrick Jackson v. Patrick Pope and Tina Goudeau Appeal from 215th District Court of Harris County Trial Court Judge: Steven Kirkland Trial Court Case #: 2007-65764 DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00535-CV Max W. Blanton v. Margaret Ann Blanton Appeal from 300th District Court of Brazoria County Trial Court Judge: K. RANDALL HUFSTETLER DISMISSED AS MOOT: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Frost 14-09-00553-CV In Re Michael Kennedy Appeal from 334th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Frost 14-09-00578-CV In Re Michael Kennedy Appeal from 334th District Court of Harris County Trial Court Judge: Sharon McCally Criminal Causes Decided: AFFIRMED: Opinion by Justice Brown Before Chief Justice Hedges, Justices Guzman and Brown 14-07-00940-CR Keith Rochell Woods v. The State of Texas Appeal from 185th District Court of Harris County AFFIRMED: Opinion by Justice Brown Before Chief Justice Hedges, Justices Guzman and Brown 14-07-00941-CR Keith Rochell Woods v. The State of Texas Appeal from 185th District Court of Harris County AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00559-CR Michael Daniel Salinas v. The State of Texas Appeal from 174th District Court of Harris County AFFIRMED: Opinion by Justice Frost Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00574-CR Datrick Washington v. The State of Texas Appeal from 149th District Court of Brazoria County AFFIRMED: Opinion by Justice Seymore Before Justices Seymore, Brown and Sullivan 14-08-00702-CR Travis Prunty v. The State of Texas Appeal from 176th District Court of Harris County AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00730-CR William Dale Redwine v. The State of Texas Appeal from 7th District Court of Smith County AFFIRMED: Per Curiam Before Justices Seymore, Brown and Sullivan 14-08-00774-CR Steven Anthony Hanks v. The State of Texas Appeal from 122nd District Court of Galveston County DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00434-CR Deon Rush v. The State of Texas Appeal from 506th Judicial District Court of County DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00453-CR Deon Rush v. The State of Texas Appeal from 506th Judicial District Court of County DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00460-CR Deon Rush v. The State of Texas Appeal from 506th Judicial District Court of County DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00462-CR Deon Rush v. The State of Texas Appeal from 506th Judicial District Court of County Released Opinions - July 7, 2009 [click link to docket] Released Opinions July 7, 2009 Civil Causes Decided: The Methodist Hospital v. Zurich American Inc. Co. (Tex. App. - Houston [14th Dist.] Jul. 7, 2009) (Seymore) (INSURANCE LITIGATION: insured's suits against worker's compensation carrier alleging wrongful payment of noncompensable injury claims within the deductible)(insurer's duty of good faith and fair dealings, negligent claims handling, express warranty claim, breach of warranty - elements, conclusory affidavit) AFFIRMED: Opinion by Justice Seymore Before Justices Frost, Seymore and Guzman 14-07-00663-CV The Methodist Hospital v. Zurich American Insurance Company, Tamera McKinney and Mary Vu Appeal from 280th District Court of Harris County CONCURRING: Concurring Opinion by Justice Frost (highlighting applicable binding Supreme Court precedent) Anthony v. Owens (Tex. App. - Houston [14th Dist.] Jul. 7, 2009)(Brown) (prisoners pro se IFP suit complaining of denial of parole dismissal without opportunity to amend, dismissal with prejudice, dismissal without evidentiary hearing) AFFIRMED: Opinion by Justice Brown Before Justices Frost, Brown and Boyce 14-07-01077-CV Milton James Anthony v. Rissie Owens, Linda Garcia, Charles Aycock, Juanita Gonzales, Jose Aliseda, Jane/John Doe (1 , Jane/John Doe (2 Appeal from 412th District Court of Brazoria County Garza v. Reed (Tex. App. - Houston [14th Dist.] Jul. 7, 2009)(Hudson) (DTPA claim against insurer of complained-of business fails on summary judgment; misrepresentation as to insurance coverage of buy-back guarantee)(no-evidence summary judgment affirmed) (motion to transfer venue for convenience) AFFIRMED: Opinion by Justice Hudson Before Chief Justice Hedges, Justices Hudson and Frost 14-08-00211-CV Joe M Garza, Pay Phone Owners Legal Fund, and Ernest R. Bustos v. Jack P. Reed and Houston Surplus Lines, Inc. Appeal from 434th Judicial District Court of Fort Bend County Criminal Causes Decided: Jul. 7, 2009 AFFIRMED: Opinion by Justice Brock Yates Before Justice Brock Yates 14-08-00305-CR Kolade Afolabi Adeyanju v. The State of Texas Appeal from 232nd District Court of Harris County AFFIRMED: Opinion by Justice Seymore Before Justices Seymore, Brown and Sullivan 14-08-00717-CR Arrester Joe Smallwood v. The State of Texas Appeal from 217th District Court of Angelina County CONCURRING: Concurring Opinion by Justice Sullivan Before Justices Seymore, Brown and Sullivan 14-08-00717-CR Arrester Joe Smallwood v. The State of Texas Appeal from 217th District Court of Angelina County MOTION OR WRIT DENIED: Opinion by Justice Sullivan Before Justices Seymore, Brown and Sullivan 14-09-00517-CR In Re Orlean Ayers v. The State of Texas Appeal from 176th District Court of Harris County Civil Causes Decided: Released Opinions - July 2, 2009 Released Opinions July 2, 2009 Civil Causes Decided: Mallory v. Mallory (Tex.App.- Houston [14th Dist.] Jul. 2, 2009)(Substituted Opinion by Brown) (post-judgment default judgment in child support case without proper notice to defendant was reversible error) (objection to affidavit based on best knowledge and belief not preserved for appellate review) REVERSED AND REMANDED: Opinion by Justice Jeff Brown Before Chief Justice Hedges, Justices Guzman and Brown 14-06-01009-CV Joel Mallory v. Sharon W. Mallory and The Office of the Attorney General of Texas Appeal from 310th District Court of Harris County Trial Court Judge: LISA A. MILLARD Askari v. Endevco, Inc. (Tex.App.- Houston [14th Dist.] Jul. 2, 2009)(breach of contract for consulting services claim, payment in company stock in lieu of cash, court sustained both parties' objections to parol evidence, applicability of parol evidence rule, ambiguous and unambiguous contract provisions, preservation of error regarding evidentiary objections). AFFIRMED: Opinion by Justice Seymore Before Justice Seymore 14-08-00278-CV Farzad Askari v. Endevco, Inc. Appeal from 11th District Court of Harris County Trial Court Judge: Mark Davidson Approx. $5,602 v. State of Texas (Tex.App.- Houston [14th Dist.] Jul. 2, 2009)(Yates) (forfeiture proceeding)(discovery sanctions, death-penalty sanctions) (preservation of error for appeal) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Sullivan 14-08-00359-CV Approximately $5,602.00 v. The State of Texas Appeal from 55th District Court of Harris County Trial Court Judge: PUTNAM REITER Clearview Properties, LP v. T Reit, LP (Tex.App.- Houston [14th Dist.] Jul. 2, 2009)(per curiam) (turnover order reversed) If the judgment underlying a turnover order is reversed, the turnover order must also be reversed. REVERSED AND RENDERED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-08-00827-CV Clearview Properties, L.P. v. T Reit, L.P. Appeal from 270th District Court of Harris County Trial Court Judge: Brent Gamble Owens, Ed.D. v. UTHSC Houston (Tex.App.- Houston [14th Dist.] Jul. 2, 2009)(DWOP dismissal) (objection to mediation on appeal sustained, but no brief filed) DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-08-00998-CV Emiel W. Owens, Ed.D., v. The University of Texas Health Science Center at Houston, Lemuel Moye, M.D.; Ph.D., Ronald B. Harris, Ph.D., Ralph F. Frankowski, Ph.D., L. Kay Bartholomew, Ed.D. MPH; and J. Kay Dunn, Ph.D. Appeal from 215th District Court of Harris County Premier Towers, L.P. v. Laughlin Environmental, Inc. (Tex.App.- Houston [14th Dist.] Jul. 2, 2009)(per curiam)(unopposed motion to dismiss, mediation successful on appeal) DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Frost 14-09-00454-CV Premier Towers, L.P. v. Laughlin Environmental, Inc. Appeal from 189th District Court of Harris County Trial Court Judge: LEVI JAMES BENTON In the Matter of the Marriage of Leticia B. Loya and Miguel Angel Loya (Tex.App.- Houston [14th Dist.] Jul. 2, 2009)(per curiam dismissal)(no interlocutory appeal of denial of special appearance in family law case) DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Frost 14-09-00481-CV In the Matter of the Marriage of Leticia B. Loya and Miguel Angel Loya Appeal from 257th District Court of Harris County Trial Court Judge: Judge Judy L. Warne James v. Chang (Tex.App.- Houston [14th Dist.] Jul. 2, 2009)(per curiam dismissal on appellant's motion) DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00512-CV David James v. Theresa Chang Appeal from 281st District Court of Harris County Trial Court Judge:[judge's name not on docket Criminal Causes Decided: REVERSED AND REMANDED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00703-CR The State of Texas v. Pashko Zef Plumaj Appeal from 268th District Court of Fort Bend County AFFIRMED: Per Curiam Before Justices Seymore, Brown and Sullivan 14-08-00720-CR Tony Wayne Anderson v. The State of Texas Appeal from 402nd District Court of Wood County DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-08-00995-CR Eric Carraway v. The State of Texas Appeal from 177th District Court of Harris County AFFIRMED: Per Curiam Before Justices Seymore, Brown and Sullivan 14-08-01071-CR Leslie Garcia Mendez v. The State of Texas Appeal from 268th District Court of Fort Bend County AFFIRMED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00032-CR Mitch Alan Hockett v. The State of Texas Appeal from 252nd District Court of Jefferson County AFFIRMED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00035-CR Romeo Johnson v. The State of Texas Appeal from 252nd District Court of Jefferson County AFFIRMED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00044-CR Earl Collins v. The State of Texas Appeal from 252nd District Court of Jefferson County AFFIRMED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00199-CR Felipe Loya v. The State of Texas Appeal from 351st District Court of Harris County DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00443-CR Jonathan Kelly v. The State of Texas Appeal from 337th District Court of Harris County DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00446-CR Jonathan Kelly v. The State of Texas Appeal from 337th District Court of Harris County DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00447-CR Jonathan Kelly v. The State of Texas Appeal from 337th District Court of Harris County DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00449-CR Jonathan Keith Kelly v. The State of Texas Appeal from 337th District Court of Harris County MOTION OR WRIT DENIED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00546-CR In Re Gilbert Mireles Appeal from 183rd District Court of Harris County DISMISSED: Per Curiam Before Justices Seymore, Brown and Sullivan 14-09-00549-CR Ricardo Roque v. The State of Texas Appeal from 228th District Court of Harris County MOTION OR WRIT DENIED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00552-CR In Re Dondie Fant v. The State of Texas Appeal from 184th District Court of Harris County |
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