| Decisions of the Fourteenth Court of Appeals in Houston March 2009 |
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Opinion Release Dates: Mar 3, 5, 10, 12, 17, 19, 26, 31, 2009 MARCH 2008 DECISIONS WITH LINKS TO APPELLATE OPINIONS IN CIVIL CASES DETAILS FOR CASES DECIDED BY THE FOURTEENTH COURT OF APPEALS IN MARCH 2009 March 31, 2009 Civil Causes Decided: Wilkins v. McManemy, MD (Tex.App.- Houston [14th Dist.] Mar. 31, 2009)(Brown) (HCLC, governmental defendant, dismissal of governmental employee, TTCA, plea to the jurisdiction) AFFIRMED: Opinion by Justice Brown Before Justices Frost, Brown and Boyce 14-06-00876-CV Jessica Wilkins, Individually and as Personal Representative of the Estate of Sha'nya Harris v. Julie Kathryn McManemy, M.D. and Jalil Thurber, M.D., Appeal from 151st District Court of Harris County Trial Court Judge: Bill Burke Hernandez v. Brinker International, Inc. (Tex.App.- Houston [14th Dist.] Mar. 31, 2009)(Brown) (premises liability, actual knowledge of dangerous condition, contractor) REVERSED AND REMANDED: Opinion by Justice Brown Before Justices Brock Yates, Anderson and Brown 14-07-00341-CV David Hernandez v. Brinker International, Inc., Appeal from 333rd District Court of Harris County Trial Court Judge: Joseph J. Halbach Concurring Opinion by Justice Anderson Dissenting Opinion by Justice Brock Yates Rowan Companies, Inc. v. Wilington Trust Co. (Tex.App.- Houston [14th Dist.] Mar. 31, 2009) (Guzman) (commercial contract dispute, appraisal value) REVERSED AND REMANDED: Opinion by Justice Guzman Before Justices Frost, Seymore and Guzman 14-07-00465-CV ROWAN COMPANIES, INC. v. WILMINGTON TRUST COMPANY, Not in Its Individual Capacity but Solely as Owner Trustee of the Rowan-Halifax Jack-Up Rig, TEXTRON FINANCIAL CORPORATION, NORTH SEA INVESTMENTS, INC., and NORTH SEA (CONNECTICUT LP Appeal from 215th District Court of Harris County Trial Court Judge: Levi James Benton Dissenting Opinion by Justice Frost Afri-Carib Enterprised, Inc. v. Mabon Limited. (Tex.App.- Houston [14th Dist.] Mar. 31, 2009)(Yates) (default judgment, bill of review, no proper notice of trial setting, suspended attorney) REVERSED AND REMANDED: Opinion by Justice Brock Yates Before Justices Brock Yates, Seymore and Boyce 14-07-00650-CV Afri-Carib Enterprises, Inc. v. Mabon Limited Appeal from 165th District Court of Harris County Trial Court Judge: John Thomas Wooldridge Cameron International Corp. v. Vetco Cray, Inc. (Tex.App.- Houston [14th Dist.] Mar. 31, 2009)(Anderson) (contract interpretation, confirmation of an arbitrator’s award, unambiguous contract) AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Hudson and Seymore 14-07-00656-CV Cameron International Corporation f/k/a Cooper Cameron Corporation v. Vetco Gray Inc. Appeal from 129th District Court of Harris County Trial Court Judge: Samuel Grant Dorfman The City of Houston v. Williams (Tex.App.- Houston [14th Dist.] Mar. 31, 2009)(Op. on remand by Seymore) (governmental entity immunity, plea to the jurisdiction, city not immune to firefighters' pay claims) AFFIRMED: Opinion by Justice Seymore Before Justices Brock Yates, Seymore and Boyce 14-08-00059-CV The City of Houston v. Steve Williams, Et Al Appeal from 80th District Court of Harris County Trial Court Judge: Lynn Bradshaw-Hull Newby v. Chambers (Tex.App.- Houston [14th Dist.] Mar. 31 2009)(Guzman) (inmate litigation, pro se suit, vexatious litigant) AFFIRMED: Opinion by Justice Guzman Before Justices Brock Yates, Guzman and Boyce 14-08-00338-CV Rob L. Newby v. Sam Chambers, J. Cunningham, G. Currie, M. Roesler, Shannon Kersh, Vickie Barrow, and The State of Texas Appeal from 1A District Court of Tyler County Trial Court Judge: Judge Jerome Owens MOTION OR WRIT DENIED: Per Curiam Before Justices Frost, Brown and Boyce 14-09-00248-CV In Re Reed & Abrasley, P.L.L.C., Robert S. Abrasley, individually, Joel D. Reed, individually, and Robert S. Abrasley, P.C. Appeal from 234th District Court of Harris County Trial Court Judge: Reese Rondon Criminal Causes Decided: AFFIRMED: Opinion by Justice Guzman Before Chief Justice Hedges, Justices Guzman and Brown 14-07-00541-CR Kyle Carpenter Dietrich v. The State of Texas Appeal from 178th District Court of Harris County AFFIRMED: Opinion by Justice Guzman Before Justices Brock Yates, Guzman and Sullivan 14-07-00575-CR India Rice v. The State of Texas Appeal from 412th District Court of Brazoria County AFFIRMED: Opinion by Justice Frost Before Justices Anderson, Hudson and Frost 14-07-00870-CR Jesus Armando Lopez v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRMED: Opinion by Justice Hudson Before Justices Anderson, Hudson and Frost 14-07-00900-CR Detrick Lemond Jones v. The State of Texas Appeal from 184th District Court of Harris County AFFIRMED: Opinion by Justice Hudson Before Justices Anderson, Hudson and Frost 14-07-00901-CR Detrick Lemond Jones v. The State of Texas Appeal from 184th District Court of Harris County AFFIRMED: Opinion by Justice Hudson Before Justices Frost, Brown and Boyce 14-07-00906-CR Larry Lee Wagner v. The State of Texas Appeal from 177th District Court of Harris County AFFIRMED: Opinion by Justice Frost Before Justices Frost, Brown and Boyce 14-07-00907-CR Larry Lee Wagner v. The State of Texas Appeal from 177th District Court of Harris County AFFIRMED: Opinion by Justice Guzman Before Justices Brock Yates, Guzman and Sullivan 14-07-01019-CR Carlos G. Lopez v. The State of Texas Appeal from 208th District Court of Harris County AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Seymore and Boyce 14-07-01067-CR Yamar Sanchez v. The State of Texas Appeal from 23rd District Court of Brazoria County REVERSED AND REMANDED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00004-CR Wayland Matthew Fox v. The State of Texas Appeal from 174th District Court of Harris County AFFIRMED: Opinion by Justice Brown Before Justices Frost, Brown and Boyce 14-08-00006-CR Darrell Wayne Hilliard v. The State of Texas Appeal from 209th District Court of Harris County AFFIRMED: Opinion by Justice Seymore Before Justices Brock Yates, Seymore and Boyce 14-08-00008-CR Mark Anthony Jones v. The State of Texas Appeal from 232nd District Court of Harris County AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Seymore and Boyce 14-08-00047-CR Edward Benjamin Baker v. The State of Texas Appeal from 263rd District Court of Harris County AFFIRMED: Opinion by Justice Guzman Before Justices Brock Yates, Guzman and Sullivan 14-08-00368-CR Edward Demond Amey v. The State of Texas Appeal from 122nd District Court of Galveston County AFFIRMED: Opinion by Justice Seymore Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00445-CR Lamar Arndretta Burton v. The State of Texas Appeal from 185th District Court of Harris County March 26, 2009 Civil Causes Decided: Headington Oil Co. v. White (Tex.App.- Houston [14th Dist.] Mar. 26, 2009)(Brown) (unpaid royalties, prejudgment interest, expert witness fees, SoL) AFFIRMED IN PART/REVER.& REND.& REVER.&REM.: Opinion by Justice Brown Before Chief Justice Hedges, Justices Brown and Boyce 14-07-00050-CV HEADINGTON OIL COMPANY, L.P., ON IT'S OWN BEHALF AND AS SUCCESSOR-IN- INTEREST TO HEADINGTON CANADA CORP. AND HEADINGTON OIL COMPANY AND BRUCE GARY D/B/A GARY OIL AND GAS v. Modesto White, Jr. & Richard N. Evans Appeal from 344th District Court of Chambers County Trial Court Judge: CARROLL E. WILBORN Borrell v. Vital Weight Control, Inc. (Tex.App.- Houston [14th Dist.] Mar. 26, 2009)(Frost) (no quantum meruit claim where express contract covers claim) AFFIRMED: Opinion by Justice Frost Before Justices Frost, Seymore and Guzman 14-07-00390-CV Leo Borrell v. Vital Weight Control, Inc., d/b/a Neweigh Appeal from 129th District Court of Harris County Trial Court Judge: Samuel Grant Dorfman Douglas v. Adamo (Tex.App.- Houston [14th Dist.] Mar. 26, 2009)(per curiam) http://www.14thcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=85517 (legal malpractice, bill of review) AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00406-CV Ralph O. Douglas v. Samuel D. Adamo Appeal from 269th District Court of Harris County No trial court judge shown on docket DISMISSED 3/26/09: Per Curiam Before Justices Frost, Brown and Boyce 14-08-00277-CV Ralph O. Douglas v. Elise Selma Douglas Appeal from 257th District Court of Harris County DISMISSED 3/26/09: Per Curiam Before Justices Brock Yates, Guzman and Sullivan 14-08-00599-CV Braedi Craig v. Michael P. Martz, Et Al. Appeal from 133rd District Court of Harris County DISMISSED 3/26/09: Per Curiam Before Justices Brock Yates, Guzman and Sullivan 14-08-00797-CV Irene D. Prewitt v. CACVC of Colorado Appeal from County Civil Court at Law No 3 of Harris County City of Houston v. Estrada (Tex.App.- Houston [14th Dist.] Mar. 26, 2009)(Boyce) (Public Information Act, open records act, plea to the jurisdiction, governmental entities law) AFFIRMED: Opinion by Justice Bill Boyce Before Justices Frost, Brown and Boyce 14-08-00900-CV The City of Houston v. Larry Edgar Estrada and Mayer Brown, L.L.P., f/k/a Mayer Brown, Rowe & Maw, L.L.P. Appeal from 129th District Court of Harris County Trial Court Judge: Samuel Grant Dorfman DISMISSED 3/26/09: Per Curiam Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-01099-CV Harris County Appraisal District v. Houston Masonic Library & Museum Foundation F/K/A West Houston Masonic Library & Museum Foundation Appeal from 11th District Court of Harris County DISMISSED 3/26/09: Per Curiam Before Justices Brock Yates, Guzman and Sullivan 14-08-01118-CV Richard W. McIntosh v. Jenifer McIntosh Appeal from 312th District Court of Harris County DISMISSED 3/26/09: Per Curiam Before Justices Frost, Brown and Boyce 14-09-00095-CV Wayne Ernest Barker v. Theresa Chang, Et Al Appeal from 295th District Court of Harris County DISMISSED 3/26/09: Per Curiam Before Justices Brock Yates, Guzman and Sullivan 14-09-00122-CV M-I L.L.C. v. Melvin David Gazloff Appeal from 280th District Court of Harris County DISMISSED 3/26/09: Per Curiam Before Justices Frost, Brown and Boyce 14-09-00177-CV Strategic Petroleum Investment Consultants Enterprise, Inc. v. Brewer & Pritchard, P.C. Appeal from 151st District Court of Harris County DISMISSED 3/26/09: Per Curiam Before Justices Brock Yates, Guzman and Sullivan 14-09-00215-CV Joseph Ketaner v. Marie Ketaner Appeal from 309th District Court of Harris County DISMISSED 3/26/09: Per Curiam Before Justices Brock Yates, Guzman and Sullivan 14-09-00221-CV Maria Chanas Ordonez v. Plaza Del Ray Partneship, LP Appeal from Co Civil Ct at Law No 1 of Harris County Criminal Causes Decided: AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00436-CR Guy D. Branson v. The State of Texas Appeal from 232nd District Court of Harris County AFFIRMED AND REFORMED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00604-CR Dominique Denard Gooch v. The State of Texas Appeal from 114th District Court of Smith County AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00664-CR Darren Randle v. The State of Texas Appeal from 232nd District Court of Harris County AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00667-CR Darren Randle v. The State of Texas Appeal from 232nd District Court of Harris County AFFIRMED: Per Curiam Before Justices Brock Yates, Guzman and Sullivan 14-08-00950-CR Elbert Harry Holt v. The State of Texas Appeal from 183rd District Court of Harris County AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00994-CR Jonathan Macias Castillo v. The State of Texas Appeal from 263rd District Court of Harris County DISMISSED 3/26/09: Per Curiam Before Justices Frost, Brown and Boyce 14-09-00238-CR In Re Shannon Lee Simon Appeal from 183rd District Court of Harris County March 19, 2009 Civil Causes Decided: American Housing Foundation v. HCAD (Tex.App.- Houston [14th Dist.] Mar. 19, 2009)(Frost) (charitable organization property tax exemption dispute, statutory construction) AFFIRMED: Opinion by Justice Frost Before Justices Anderson, Hudson and Frost) 14-07-00990-CV American Housing Foundation and Brandywood Housing, LTD v. Harris County Appraisal District Appeal from 190th District Court of Harris County Trial Court Judge: Jennifer Elrod Walker DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Seymore) 14-08-00901-CV Gerald Lee Ricks v. Eletha L. Ricks Appeal from 306th District Court of Galveston County Trial Court Judge: Janis Louise Yarbrough DISMISSED: 14-09-00091-CV Elaine Wilson v. Gerardo Perez Martinez, Jr., Elizabeth Nicole Martinez, Jerardo Perez Martinez, and Linda Sutton Martinez Appeal from 334th District Court of Harris County Criminal Causes Decided: AFFIRMED: Opinion by Justice Hudson Before Justices Anderson, Hudson and Frost 14-07-00696-CR Antonio Fitzgerald Cox v. The State of Texas Appeal from 180th District Court of Harris County AFFIRMED: Opinion by Justice Hudson Before Justices Anderson, Hudson and Frost) 14-07-00697-CR Antonio Fitzgerald Cox v. The State of Texas Appeal from 180th District Court of Harris County AFFIRMED: Opinion by Justice Frost Before Justices Anderson, Hudson and Frost 14-07-00924-CR Derrick Glenn Craig v. The State of Texas Appeal from 232nd District Court of Harris County AFFIRMED: Per Curiam Before Justices Brock Yates, Guzman and Sullivan 14-08-00512-CR Deondre Parker v. The State of Texas Appeal from 337th District Court of Harris County DENIED AS MOOT: Per Curiam Before Justices Brock Yates, Seymore and Boyce 14-08-00962-CR In Re Gerald J. Durden Appeal from 248th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Seymore 14-09-00217-CR Michael E. Smith v. The State of Texas Appeal from 232nd District Court of Harris County March 17, 2009 Civil Causes Decided: Feng v. Sabic Americas, Inc. (Tex.App.- Houston [14th Dist.] Mar. 17, 2009)(Frost) (employment law, retaliation claim, but-for causation, pretext) AFFIRMED: Opinion by Justice Frost Before Justices Anderson, Hudson and Frost 14-07-00699-CV Yiqing Feng v. Sabic Americas, Inc. Appeal from 61st District Court of Harris County Ford v. Harbour (Tex.App.- Houston [14th Dist.] Mar. 17, 2009)(Anderson)(Family Code protective order) AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00832-CV Michael Alan Ford v. Selma Gay Harbour Appeal from 311th District Court of Harris County Lee v. MD Lam, Inc. (Tex.App.- Houston [14th Dist.] Mar. 17, 2009)(Hedges)(sale of business) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-01027-CV Jenette Diem Lee v. MD Lam, Inc. Appeal from 151st District Court of Harris County Criminal Causes Decided: AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Seymore and Boyce 14-07-00635-CR Victoria Lynn Alexander v. The State of Texas Appeal from Co Crim Ct at Law No 14 of Harris County AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Seymore and Boyce 14-08-00077-CR Harshavardhan Chintala v. The State of Texas Appeal from County Court at Law No 1 of Fort Bend County March 12, 2009 Civil Causes Decided: Onwuteaka v. Commission for Lawyer Discipline (Tex. App. – Houston [14th Dist.] Mar. 12, 2009, pet denied July 2009)(Hedges)(attorney disciplinary proceeding, grievance) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Guzman and Brown 14-07-00544-CV Joseph Onwuteaka v. Commission for Lawyer Discipline Appeal from 151st District Court of Harris County Judge not shown on docket sheet Horizon Offshore Contractors, Inc. v. Aon Risk Services of Texas, Inc. (Tex. App. – Houston [14th Dist.] Mar. 12, 2009)(Frost) (breach of fiduciary duty, election of remedies, judicial estoppel) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Kem Frost Before Justices Frost, Seymore and Guzman 14-07-00549-CV Horizon Offshore Contractors, Inc. and Horizon Vessels, Inc. v. Aon Risk Services of Texas, Inc., Appeal from 55th District Court of Harris County Trial Court Judge: Justice Jeffrey V. Brown Kennedy v. Andover Place Apartments (Tex. App. – Houston [14th Dist.] Mar. 12, 2009)(per curiam) DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00223-CV Kimberly Kennedy v. Andover Place Apartments Appeal from County Civil Court at Law No 3 of Harris County Trial Court Judge: Linda Storey Bradt v. MBNA America, N.A. (Tex. App. – Houston [14th Dist.] Mar. 12, 2009)(per curiam dimissal) (ARBITRATION LAW: trial court order compelling arbitration not appealable, attempted appeal dismissed) DISMISSED: Per Curiam Before Justices Brock Yates, Guzman and Sullivan 14-08-01172-CV L.T. Bradt and Joseph Rothstein v. MBNA America, N.A. Appeal from 240th District Court of Fort Bend County Trial Court Judge: THOMAS RALPH CULVER Unifund CCR Partners v. Bade (Tex. App. – Houston [14th Dist.] Mar. 12, 2009) (dismissed on motion of appellant) DISMISSED: Per Curiam Before Justices Frost, Brown and Boyce 14-09-00135-CV Unifund CCR Partners v. Matthew Bade Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: Jacqueline Lucci-Smith In Re Andres Waibel (Tex.App.- Houston [14th Dist.] Mar. 12, 2009)(per curiam) MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Seymore 14-09-00190-CV In Re Andres Waibel Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Roberta Anne Lloyd Martin v. Anapurna Malleables Private Ltd. (Tex. App. – Houston [14th Dist.] Mar. 12, 2009)(per curiam) DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Seymore 14-09-00205-CV Suvobrata "Steve" Saha and Richard Martin v. Anapurna Malleables Private Ltd., Vindhya Vasini Overseas Private Ltd. and Shree Lalita Greenland Private Ltd. Appeal from 133rd District Court of Harris County Trial Court Judge: Lamar McCorkle Criminal Causes Decided: AFFIRMED: Per Curiam Before Justices Brock Yates, Guzman and Sullivan 14-07-00731-CR Arthur Chase v. The State of Texas Appeal from 180th District Court of Harris County AFFIRMED: Per Curiam Before Justices Brock Yates, Guzman and Sullivan 14-08-00213-CR Andy Ray Sherrouse v. The State of Texas Appeal from 176th District Court of Harris County AFFIRMED: Per Curiam Before Justices Brock Yates, Guzman and Sullivan 14-08-00239-CR Jason Edward Heard v. The State of Texas Appeal from 174th District Court of Harris County AFFIRMED: Opinion by Justice Seymore Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00322-CR Joe Robert Bush, III v. The State of Texas Appeal from 284th District Court of Montgomery County AFFIRMED: Per Curiam Before Justices Frost, Brown and Boyce 14-08-00366-CR Richard Dean Powell v. The State of Texas Appeal from 338th District Court of Harris County AFFIRMED: Per Curiam Before Justices Frost, Brown and Boyce 14-08-00367-CR Richard Dean Powell v. The State of Texas Appeal from 338th District Court of Harris County DISMISSED AS MOOT: Per Curiam Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00547-CR Ex Parte John E. Craven Appeal from 176th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00958-CR Marcos Gonzalez v. The State of Texas Appeal from 268th District Court of Fort Bend County DISMISSED: Per Curiam Before Justices Brock Yates, Guzman and Sullivan 14-08-01151-CR Wayne Michael Milone v. The State of Texas Appeal from 412th District Court of Brazoria County DISMISSED: Per Curiam Before Justices Frost, Brown and Boyce 14-09-00048-CR Clarence Gilder v. The State of Texas Appeal from 174th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Seymore 14-09-00203-CR Ex Parte Warren Pierre Canady Appeal from 182nd District Court of Harris County DISMISSED: Per Curiam Before Justices Frost, Brown and Boyce 14-09-00207-CR Lyisha Jernigan v. The State of Texas Appeal from 180th District Court of Harris County March 10, 2009 Civil Causes Decided: Criminal Causes Decided: AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00913-CR Jade Sheree Neal v. The State of Texas Appeal from 337th District Court of Harris County AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Seymore and Boyce 14-07-00923-CR Robert Wester v. The State of Texas Appeal from 262nd District Court of Harris County REVERSED AND ACQUITTAL: Opinion by Justice Boyce Before Justices Brock Yates, Seymore and Boyce 14-08-00050-CR Julian Kuciemba v. The State of Texas Appeal from County Court at Law of Washington County AFFIRMED: Opinion by Justice Boyce Before Justices Frost, Brown and Boyce 14-08-00153-CR Ronald James Williams v. The State of Texas Appeal from 183rd District Court of Harris County AFFIRMED: Opinion by Justice Boyce Before Justices Frost, Brown and Boyce 14-08-00621-CR Juan Miranda v. The State of Texas Appeal from 7th District Court of Smith County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Seymore 14-09-00173-CR In Re Warren Pierre Canady Appeal from 182nd District Court of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Guzman and Sullivan 14-09-00182-CR In Re Michael E. Smith Appeal from 232nd District Court of Harris County March 5, 2009 Civil Causes Decided In the Interest of SN, SMN, DAN (Tex. App. – Houston [14th Dist.] Mar. 5, 2009)(Yates)(termination) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Anderson and Brown 14-07-00161-CV In the Interest of S.N., S.M.N., and D.A.N., Children Appeal from 314th District Court of Harris County Trial Court Judge: John Phillips In Re Murphy (Tex. App. – Houston [14th Dist.] Mar. 5, 2009)(Yates) (attorney disqualification order set aside by mandamus) MOTION OR WRIT GRANTED: Opinion by Justice Brock Yates Before Justices Brock Yates, Seymore and Boyce 14-08-01017-CV In Re Michelle E. Murphy Appeal from Probate Court of Galveston County Trial Court Judge: Gladys Burwell Riley v. Crescent City Apartments (Tex. App. – Houston [14th Dist.] Mar. 5, 2009)(per curiam) DISMISSED: Per Curiam Before Justices Frost, Brown and Boyce 14-08-01137-CV Donna M. Riley v. Crescent City Apartments Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: Jacqueline Lucci-Smith Criminal Causes Decided: AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00313-CR Joshua Paul Pierce v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00733-CR Andevron S. Parchman v. The State of Texas Appeal from 7th District Court of Smith County AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00748-CR Dexter Tea Vallair v. The State of Texas Appeal from 185th District Court of Harris County March 3, 2009 Civil Causes Decided: Siddiqui v. Siddiqui (Tex. App. – Houston [14th Dist.] Mar. 3, 2009)(Hedges) (SAPCR divorce appeal, pro se litigants, intervention by attorney for fees, child support guideline deviation)(pro se family court appeal predictably fails, claim against attorney, attorney's fees) AFFIRMED: Opinion by Chief Justice Adele Hedges Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00235-CV Zahoor Siddiqui v. Masoon Siddiqui and Queta Vera Appeal from 257th District Court of Harris County Trial Court Judge: Judy L. Warne In Interest of KACO (Tex. App. – Houston [14th Dist.] Mar. 3, 2009)(Boyce) (SAPCR suit, default judgment Craddock test, motion to set aside default judgment, motion for new trial, sanctions, striking of pleadings, denial of jury trial) REVERSED AND REMANDED: Opinion by Justice Boyce 14-07-00311-CV In the Interest of K.A.C.O & J.C.C.O Appeal from 245th District Court of Harris County Trial Court Judge: Annette Kuntz (fka Galik) 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 Criminal Causes Decided: AFFIRMED: Opinion by Justice Boyce Before Justices Frost, Brown and Boyce 14-07-00531-CR Albie Eugene Hopkins v. The State of Texas Appeal from 248th District Court of Harris County AFFIRMED: Opinion by Justice Sullivan Before Justices Brock Yates, Guzman and Sullivan 14-08-00218-CR Duwane Charles Shackelford v. The State of Texas Appeal from 263rd District Court of Harris County AFFIRMED AND REFORMED: Opinion by Justice Seymore Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00412-CR VANNAH KROMAH v. The State of Texas Appeal from 338th District Court of Harris County AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00454-CR Justin Philip Lavell v. The State of Texas Appeal from Co Crim Ct at Law No 12 of Harris County AFFIRMED: Opinion by Justice Frost Before Justices Frost, Brown and Boyce 14-08-00612-CR James Wesley Hart v. The State of Texas Appeal from 3rd District Court of Anderson County |
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