March 2010 Decisions of the Fourteenth Court of Appeals
in Houston [14th Dist.] 2010)
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Opinion Release Dates: March 3, 4, 9, 11, 16, 18, 23, 25, 30, 2010    

MARCH 2010 DECISIONS WITH LINKS TO APPELLATE OPINIONS
IN CIVIL CASES

DETAILS FOR CASES DECIDED BY
THE FOURTEENTH COURT OF APPEALS IN MARCH 2010

Released Opinions

March 30, 2010  

Civil Causes Decided:

Big Dog Logistics, Inc. v. Strategic Impact Corp. (Tex.App.- Houston [14th Dist.] Mar. 30, 2010)(Seymore)
AFFIRMED IN PART/REVERSED AND RENDERED: Opinion by Justice Seymore     
Before Price, Chief Justice Hedges, Justice Seymore   
14-07-00892-CV BIG DOG LOGISTICS, INC., BIG DOG CAPITAL CORP., BIG DOG EXPEDITING, INC.,
BIG DOG AIR FREIGHT, BIG DOG LOGISTICS I, OL.P., BIG DOG LOGISTICES, L.L.P., FROGFIRE
TECHNOLOGIES, INC., BIG DOG GROUP, INC., DANIEL KIRK AND KIRK LANE v. Strategic Impact
Corporation, Kim O. Brasch, and Maria C. Floudas   
Appeal from 280th District Court of Harris County

Garza v. Terra Nova Insurance Co., Ltd. (Tex.App.- Houston [14th Dist.] Mar. 30, 2010)(Brown)
AFFIRMED: Opinion by Justice Brown     
Before Justices Brock Yates, Seymore and Brown   
14-08-00653-CV Joe M. Garza, Pay Phone Owners Legal Fund, and Ernest Bustos v. Terra Nova
Insurance Company, Ltd., Guaranty National Insurance Company, Burlington Insurance Company, and
United national Insurance Company   
Appeal from 434th Judicial District Court of Fort Bend County

Jaramillo v. Portfolio Acquisitions, LLC (Tex.App.- Houston [14th Dist.] Mar. 30, 2010)(Anderson)
AFFIRMED: Opinion by Justice Anderson     
Before Justices Anderson, Mirabal and Boyce   
14-08-00939-CV Jesus Jaramillo, Sr. v. Portfolio Acquisitions, LLC   
Appeal from County Court at Law No 1 of Fort Bend County

Wasserman v. Gugel  (Tex.App.- Houston [14th Dist.] Mar. 30, 2010)(Anderson)
AFFIRMED: Opinion by Justice Anderson     
Before Justices Anderson, Mirabal and Boyce   
14-09-00450-CV Matthew W. Wasserman, M.D. v. Christina Bergeron Gugel   
Appeal from 151st District Court of Harris County

Lindsey v. RGK Consultants, LLC (Tex.App.- Houston [14th Dist.] Mar. 30, 2010)(Boyce)  
AFFIRMED: Opinion by Justice Boyce     
Before Justices Frost, Boyce and Sullivan   
14-09-00855-CV Gareth Lindsey v. RGK Consultants, LLC   
Appeal from 56th District Court of Galveston County

Criminal Causes Decided:

AFFIRMED: Opinion by Justice Frost     
Before Justices Frost, Boyce and Sullivan   
14-09-00027-CR William Edward Dreyer v. The State of Texas   
Appeal from 284th District Court of Montgomery County
Concurring Opinion by Justice Sullivan     

AFFIRMED: Opinion by Justice Anderson     
Before Chief Justice Hedges, Justices Anderson and Christopher   
14-09-00076-CR Bill Collins a/k/a Willie Otis Collins v. The State of Texas   
Appeal from 54th District Court of McLennan County

AFFIRMED: Per Curiam  
Before Justices Brock Yates, Seymore and Brown   
14-09-00662-CR

March 25, 2010  

Civil Causes Decided:

De Acetis v. Whitley (Tex.App.- Houston [14th.] Mar. 25, 2010)(Mirabal)
(
real estate dispute stemming from divorce, enforcement of property division by contempt, res judicata
based on divorce proceeding)
AFFIRMED: Opinion by
Justice Mirabal      
Before Justices Mirabal, Boyce and Sullivan   
14-08-00429-CV Dennis C. De Acetis v. Marianne Whitley, Michael W. DeAcetis, James M. Gary,
Kimberly C. Gary, and Martha C. Fonke    
Appeal from 239th District Court of Brazoria County
Trial Court Judge: Patrick Edward Sebesta

M7 Capital LLC. v. Miller (Tex.App.- Houston [14th.] Mar. 25, 2010)(Christopher)
(option contract,
existence of contract, existence of valid contract, performance)
REVERSED AND REMANDED: Opinion by
Justice Christopher      
Before Justices Anderson, Boyce and Christopher   
14-08-00951-CV M7 Capital LLC v. Theodore B. Miller, Jr. a/k/a Ted B. Miller, Jr.    
Appeal from 11th District Court of Harris County
Trial Court Judge:
Mark Davidson  

Ellis v. Eadie (Tex.App.- Houston [14th.] Mar. 25, 2010)(per curiam)
(
agreed child support review order, no timely motion for new trial filed)
AFFIRMED: Per Curiam      
Before Justices Brock Yates, Seymore and Brown   
14-09-00560-CV Joseph Ellis v. Tamiko Eadie    
Appeal from 310th District Court of Harris County
Trial Court Judge:
Lisa A. Millard    

Lambertz v. Robinson (HCAD) (Tex.App.- Houston [14th.] Mar. 25, 2010)(per curiam)
(
tax protest appeal and due process, administrative remedies exclusive remedy)
AFFIRMED: Per Curiam      
Before Justices Brock Yates, Seymore and Brown   
14-09-00650-CV Robert W. Lambertz v. Jim Robinson and Oliver Esch    
Appeal from 333rd District Court of Harris County
Trial Court Judge:
Joseph ("Tad") Halbach   

DISMISSED: Per Curiam      
Before Justices Frost, Boyce and Sullivan   
14-09-00726-CV Myrtle Jackson v. Houston Housing Authority    
Appeal from Co Civil Ct at Law No 4 of Harris County

DISMISSED: Per Curiam      
Before Justices Brock Yates, Seymore and Brown   
14-09-00899-CV Primeco Auto Towing, LLC v. Cintas Corporation    
Appeal from Co Civil Ct at Law No 3 of Harris County

Douglas v. Ingersoll (Tex.App.- Houston [14th.] Mar. 25, 2010)(per curiam)
(
indigency contest, IFP status should have been granted)
REVERSED AND RENDERED: Per Curiam      
Before Justices Brock Yates, Seymore and Brown   
14-09-00930-CV RALPH O. DOUGLAS v. ELISE SELMA INGERSOLL    
Appeal from 270th District Court of Harris County

DISMISSED: Per Curiam      
Before Justices Frost, Boyce and Sullivan   
14-09-01056-CV Tefera Tsegaye v. Ruth Messele    
Appeal from 310th District Court of Harris County

DISMISSED: Per Curiam      
Before Justices Frost, Boyce and Sullivan   
14-10-00060-CV Cau Chin and Truc Lam Mediation Center, Inc. v. T. H. United, Inc.    
Appeal from 234th District Court of Harris County

DISMISSED: Per Curiam      
Before Chief Justice Hedges, Justices Anderson and Christopher   
14-10-00157-CV Texas Department of Public Safety v. Randall Craig Lewis    
Appeal from 506th District Court of Waller County

DISMISSED: Per Curiam      
Before Justices Brock Yates, Seymore and Brown   
14-10-00179-CV GULF MARINE INSTITUTE OF TECHNOLOGY, INC., AND JOHN D. ERICSSON v. Phillip
Lee    Appeal from County Court at Law No 1 of Galveston County

Criminal Causes Decided:

AFFIRMED: Per Curiam      
Before Chief Justice Hedges, Justices Anderson and Christopher   
14-08-00388-CR Johnnie Thompson, Jr. v. The State of Texas    
Appeal from 300th District Court of Brazoria County

AFFIRMED: Opinion by Justice Brown      
Before Justices Brock Yates, Seymore and Brown   
14-08-00524-CR Christopher Lee Orsag v. The State of Texas    
Appeal from 400th District Court of Fort Bend County

AFFIRMED: Opinion by Chief Justice Hedges      
Before Chief Justice Hedges, Justices Seymore and Sullivan   
14-08-00964-CR Ramiro Martinez v. The State of Texas    
Appeal from 338th District Court of Harris County

AFFIRMED: Opinion by Justice Boyce      
Before Justices Frost, Boyce and Sullivan   
14-08-01143-CR Michael Ray Deyon v. The State of Texas    
Appeal from 212th District Court of Galveston County

AFFIRMED: Opinion by Justice Brown      
Before Justices Brock Yates, Seymore and Brown   
14-09-00017-CR Ruben Carlos Cuellar-Romo v. The State of Texas    
Appeal from 230th District Court of Harris County

DISMISSED: Per Curiam      
Before Justices Brock Yates, Seymore and Brown   
14-09-00431-CR Brandon Michael Campbell v. The State of Texas    
Appeal from 232nd District Court of Harris County

REVERSED AND REMANDED: Opinion by Justice Boyce      
Before Justices Frost, Boyce and Sullivan   
14-09-00834-CR The State of Texas v. Scott Gerard Karasek    
Appeal from 177th District Court of Harris County

DISMISSED: Per Curiam      
Before Justices Frost, Boyce and Sullivan   
14-10-00135-CR JOSEPH OSCAR NOWALK v. The State of Texas    
Appeal from 182nd District Court of Harris County

March 23, 2010  

Civil Causes Decided:

McCloskey v. McCloskey (Tex.App.- Houston [14th Dist.] Mar. 23, 2010)(Frost)
(
appeal from garnishment order, subsequent appeal, divorce and SAPCR case, characterization of
attorney's fees as child support in divorce case, bankruptcy stay)
In seven issues, Chris, the garnishment debtor, contends that (1) the trial court abused its discretion by not complying
with the mandate of the appellate court, (2) the garnishment action violated the automatic bankruptcy stay, (3) the
garnishment action is improper because it is the second action for the same fees, (4) the manner in which Chris’s
assets were taken from two separate-property accounts was improper, (5) this court should stay execution of judgment
until this court “rules on the characterization of attorney fees as child support,”(6) Chris was improperly divested of his
assets, and (7) the judgment is manifestly unjust.  We affirm.
AFFIRMED: Opinion by Justice Frost        
Before Justices Brock Yates, Frost and Brown    
14-08-00365-CV Christopher J. McCloskey v. Anne Miriam McCloskey, Michael A. Craig, and Fidelity
Investments D/B/A National Financial Services, L.L.C.    
Appeal from 387th District Court of Fort Bend County
Trial Court Judge: Robert J. Kern    

Miller v. City of Houston [and its police chief] (Tex.App.- Houston [14th Dist.] Mar. 23, 2010)(Mirabal)  
(
city civil service, disciplinary proceeding appeal, plea to the jurisdiction)(hearing examiner was not
authorized to impose a suspension of more than fifteen days)
REVERSED AND REMANDED: Opinion by
Justice Mirabal        
Before Chief Justice Hedges, Justices Anderson and Mirabal    
14-08-01018-CV Lt. Ken Miller v. City of Houston and Harold Hurtt   
Appeal from 215th District Court of Harris County
Trial Court Judge:
Levi James Benton   

In re Frazier (Tex.App.- Houston [14th Dist.] Mar. 23, 2010)
(per curiam denial of mandamus in
CPS child removal case)
MOTION OR WRIT DENIED: Per Curiam        
Before Justices Brock Yates, Seymore and Brown    
14-10-00176-CV In Re Marshall James Frazier    
Appeal from 314th District Court of Harris County
Trial Court Judge: John Phillips  

Criminal Causes Decided:

AFFIRMED: Opinion by Justice Frost        
Before Justices Hudson, Frost and Brown    
14-08-00977-CR Thomas Joseph Gamelin v. The State of Texas    
Appeal from 339th District Court of Harris County

AFFIRMED: Opinion by Justice Brown        
Before Justices Brock Yates, Seymore and Brown    
14-09-00110-CR Frederick Nelson Davis v. The State of Texas    
Appeal from 184th District Court of Harris County

AFFIRMED: Opinion by Justice Brown        
Before Justices Brock Yates, Seymore and Brown    
14-09-00113-CR Frederick Nelson Davis v. The State of Texas    
Appeal from 184th District Court of Harris County

March 18, 2010  

Civil Causes Decided:

DISMISSED: Per Curiam (dismissed after bankruptcy)
Before Chief Justice Hedges, Justices Anderson and Christopher   
14-05-00028-CV Alma Griggs v. Georgia Lee Griggs Johnson     
Appeal from Co Ct at Law No 3 & Probate Ct of Brazoria County

DISMISSED: Per Curiam  (dismissed after voluntary bankruptcy)  
Before Chief Justice Hedges, Justices Anderson and Christopher   
14-05-00553-CV K & K VINTAGE MOTORCARS, L.C. AND KEN DAUGHERTY v. Mel Jacobs     
Appeal from 80th District Court of Harris County

Haines v. Sheeley (Tex.App.- Houston [14th Dist.] Mar. 18, 2010)(per curiam)
(
inmate litigation, Chapter 14 of CPRC)
Appellant Rodney Steve Haines, appeals the dismissal of his suit under
Chapter 14 of the Texas Civil
Practice and Remedies Code. See Tex. Civ. Prac. & Rem. Code Ann. §§ 14.001-.014 (Vernon 2002). In
one issue, he asserts that the trial court abused its discretion in dismissing his suit. We affirm.
AFFIRMED: Per Curiam     
Before Chief Justice Hedges, Justices Anderson and Christopher   
14-09-00064-CV Rodney Steve Haines v. Mary K. Sheeley, Correctional Warden     
Appeal from 87th District Court of Freestone County
[Name of trial judge not shown on appellate docket]

Carlson v. TDFPS (Tex.App.- Houston [14th Dist.] Mar. 18, 2010)(Christopher)
(
termination of parental rights, race issue raised and overruled)
AFFIRMED: Opinion by
Justice Christopher     
Before Justices Anderson, Boyce and Christopher   
14-09-00133-CV CHERYL CARLSON v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE
SERVICES   Appeal from 300th District Court of Brazoria County
Trial Court Judge: K. RANDALL HUFSTETLER  

MOTION OR WRIT DENIED: Per Curiam     
Before Justices Frost, Seymore and Sullivan   
14-10-00238-CV In Re Margaret Castro     
Appeal from 308th District Court of Harris County

Criminal Causes Decided:

AFFIRMED: Opinion by Justice Seymore     
Before Justices Brock Yates, Seymore and Brown   
14-08-00773-CR Lionel Newman v. The State of Texas     
Appeal from 230th District Court of Harris County

March 16, 2010  

Civil Causes Decided:

Gay v. Dummar (pdf)(Tex.App.- Houston [14th Dist.] Mar. 16, 2010)(Mirabal)
In this probate case, appellants Frank William Gay, II and Robert Gay[1] contend, among other things,
that the trial court erred by refusing to appoint them as the independent co-executors of the estate of
their father, Frank William Gay (“Mr. Gay”), as provided in their father’s will.  We reverse and remand.
REVERSED AND REMANDED: Opinion by Justice Mirabal    
Before Justices Anderson, Mirabal and Boyce   
14-08-00699-CV  Frank William Gay, II and Robert C. Gay v. Melvin Dummar & Clifton A. Goodwin   
Appeal from Probate Court No 3 of Harris County
Trial Court Judge: RORY ROBERT OLSEN  

Davis v. Friedson (pdf)(Tex.App.- Houston [14th Dist.] Mar. 16, 2010)(Subst. op. by Boyce)
This case arises from a dispute involving a real estate broker’s commission.  Scott Friedson and NIP
Real Estate L.L.C. d/b/a National Income Property (“National Income Property”) challenge the trial court’s
(1) order granting James Davis’s motion for partial summary judgment on Friedson’s breach of contract
and fraud claims; and (2) denial of Friedson’s motion for continuance.[1]   
Davis appeals the trial court’s (1) dismissal of certain counterclaims without prejudice for want of
prosecution;[2] and (2) denial of his motion to reinstate.  
We dismiss in part; affirm in part; and reverse and remand in part.
AFFIRMED IN PART & REVERSED & DISMISSED IN PART: Opinion by Justice Boyce    
Before Chief Justice Hedges, Justices Anderson and Boyce   
14-08-01098-CV  James W. Davis, Thomas B. Wilkinson, IV KET Enterprises, Incorporated, and Melissa
Jones v. Scott Friedson ("Friedson")        
Appeal from 80th District Court of Harris County
Trial Court Judge: LYNN M. BRADSHAW-HULL  

Reardon, MD v. Nelson (pdf)(Tex.App.- Houston [14th Dist.] Mar. 16, 2010)(Seymore)
Appellant, Michael J. Reardon, M.D. (“Dr. Reardon”), appeals the trial court’s order denying his motion to dismiss
appellee, Royce Nelson’s (“Nelson”), medical- malpractice suit on the ground that Nelson’s expert, John F. Seaworth, M.
D. (“Dr. Seaworth”), provided an inadequate report.  In three issues, Dr. Reardon contends the trial court abused its
discretion by (1) finding Dr. Seaworth was “qualified to provide opinions on how the alleged breach of the standard of care
caused [Nelson’s] damages,” (2) determining “that the causation opinion of [Nelson’s] cardiology expert was linked to
facts in the expert’s report, and not just speculation and assumptions,” and (3) “failing to dismiss all claims regarding the
standard of care during the performance of a coronary artery bypass surgery.”  Because all dispositive issues are settled
in Texas law, we issue this memorandum opinion and affirm the trial court’s order.  See Tex. R. App. P. 47.4.
AFFIRMED: Opinion by Justice Seymore    
Before Chief Justice Hedges, Justices Seymore and Sullivan   
14-09-00532-CV  Michael J. Reardon, M.D. v. Royce Nelson   
Appeal from 334th District Court of Harris County
Trial Court Judge: Sharon McCally  

UTMB-Galveston v. Nightingale (Tex.App.- Houston [14th Dist.] Mar. 16, 2010)(Hedges)
This is a healthcare liability case governed by chapter 74 of the Texas Civil Practice and Remedies Code.[1]  Appellant,
University of Texas Medical Branch - Galveston (“UTMB”), filed this interlocutory appeal to challenge the trial court’s order
denying its motion to dismiss based on appellee’s alleged failure to file a sufficient expert report.  We affirm.
AFFIRMED: Opinion by Chief Justice Hedges    
Before Chief Justice Hedges, Justices Brock Yates and Seymore   
14-09-00538-CV  University of Texas Medical Branch - Galveston v. James Nightingale, Individually and
as Independent Executor of the Estate of Karen Nightingale, Deceased   
Appeal from Probate Court of Galveston County
Trial Court Judge: Gladys Burwell  

Cypress Forest PUD v. Kleinwood MUD (pdf)(Tex.App.- Houston [14th Dist.] Mar. 16, 2010)(Hedges)
(
annexation-related dispute, takings claim, eminent domain, vested property interest)
This case involves a municipal utility district’s allegation that rights acquired under an annexation agreement were
appropriated by another utility district in violation of the takings clause under article I, section 17 of the Texas Constitution.  
Appellee, Kleinwood Municipal Utility District (“Kleinwood”), filed suit against appellant, Cypress Forest Public Utility
District (“Cypress Forest”), claiming an unconstitutional taking of rights created under an annexation agreement.  
Kleinwood answered the lawsuit by filing a plea to the jurisdiction.  The trial court denied the plea, and in turn, Cypress
Forest brings this interlocutory appeal.  In two issues, Cypress Forest complains that the trial court erred in denying its
plea to the jurisdiction.  We reverse and render.
REVERSED AND RENDERED: Opinion by Chief Justice Hedges, Concurring Opinion by Justice Mirabal    
Before Chief Justice Hedges, Justices Anderson and Mirabal   
14-09-00679-CV  Cypress Forest Public Utility District v. Kleinwood Municipal Utility District   Appeal from
215th District Court of Harris County
Trial Court Judge: Steven Kirkland  
Concurrence by
Mirabal with Note (no separate opinion)  

Criminal Causes Decided:

AFFIRMED: Opinion by Justice Seymore    
Before Chief Justice Hedges, Justices Seymore and Sullivan   
14-08-00787-CR        Dan Hernandez Jr. v. The State of Texas   
Appeal from 177th District Court of Harris County

AFFIRMED: Opinion by Justice Seymore    
Before Chief Justice Hedges, Justices Seymore and Sullivan   
14-08-00787-CR        Dan Hernandez Jr. v. The State of Texas   
Appeal from 177th District Court of Harris County

AFFIRMED: Opinion by Justice Brown    
Before Justices Brock Yates, Brown and Boyce   
14-08-00926-CR        Donald Gill Delauder v. The State of Texas   
Appeal from 268th District Court of Fort Bend County

AFFIRMED: Opinion by Justice Brown    
Before Justices Brock Yates, Frost and Brown   
14-08-01088-CR        D'Andre Demond Davis v. The State of Texas   
Appeal from 149th District Court of Brazoria County

AFFIRMED: Opinion by Justice Brown    
Before Justices Brock Yates, Frost and Brown   
14-08-01178-CR        Latoya Nicole Colvin v. The State of Texas   
Appeal from 228th District Court of Harris County

MOTION OR WRIT DENIED: Per Curiam    
Before Justices Frost, Boyce and Sullivan   
14-10-00130-CR        In Re Marshall A. Washington   
Appeal from 248th District Court of Harris County

March 11, 2010  

Civil Causes Decided:

Hatfiled v. Solomon (Tex.App.- Houston [14th Dist.] Mar. 11, 2010)(Boyce)
(
no harmful jury charge error, costs deleted from judgment)
AFFIRMED AS MODIFIED: Opinion by Justice Boyce     
Before Chief Justice Hedges, Justices Brock Yates and Boyce   
14-08-00487-CV  Ronald C. Hatfield v. Glenn J. Solomon    
Appeal from 127th District Court of Harris County
Trial Court Judge:
Sharolyn P. Wood  

Sweeney v. Dyncorp International LLC (Tex.App.- Houston [14th Dist.] Mar. 11, 2010)(Brown)
(workforce commission appeal,
denial of bonus claim)
Appellant Patrick N. Sweeney appeals the trial court’s decision to uphold the Texas Workforce Commission’s ruling
denying Sweeney’s claim of an unpaid bonus.  Sweeney argues that (1) there was not substantial evidence to support the
Texas Workforce Commission’s conclusion, and (2) the trial court erred by allowing appellee Dyncorp International, LLC
to invoke a state-secrets privilege during Sweeney’s cross examination of appellee’s sole witness.  We affirm.
AFFIRMED: Opinion by Justice Brown     
Before Justices Brock Yates, Seymore and Brown   
14-08-00923-CV Patrick N. Sweeney v. Dyncorp International, LLC    
Appeal from County Civil Court at Law No 1 of Harris County
Trial Court Judge: R.
Jack Cagle

Davis v. Friedson (Tex.App.- Houston [14th Dist.] Mar. 11, 2010)(Boyce)
(
elements of contract, breach of contract, motion for continuance, DWOP of counterclaim)
This case arises from a dispute involving a real estate broker’s commission.  Scott Friedson challenges the trial court’s
(1) order granting James Davis’s motion for partial summary judgment on Friedson’s breach of contract and fraud
claims; and (2) denial of Friedson’s motion for continuance.   
Davis appeals the trial court’s (1) dismissal of certain counterclaims without prejudice for want of prosecution;[1] and (2)
denial of his motion to reinstate.
We dismiss in part; affirm in part; and reverse and remand in part.
AFFIRMED IN PART & REVERSED & DISMISSED IN PART:
Opinion by Justice Boyce     
Before Chief Justice Hedges, Justices Anderson and Boyce   
14-08-01098-CV  James W. Davis, Thomas B. Wilkinson, IV KET Enterprises, Incorporated, and Melissa
Jones v. Scott Friedson ("Friedson")
Appeal from 80th District Court of Harris County
Trial Court Judge:
Lynn M. Bradshaw-Hull    

Hughes and Bay Architects, Inc. v. Bay Area Montessori House, Inc. (Tex.App.- Houston [14th Dist.] Mar.
11, 2010)(subst memo op. by Frost)(
attempted interlocutory appeal dismissed, not authorized at the time
by statute)
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 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 claimant allegedly did not contain a mandatory element.  Because the
claimant’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   

(Tex.App.- Houston [14th Dist.] Mar. 11, 2010)(nonpayment)
DISMISSED: Per Curiam     
Before Chief Justice Hedges, Justices Anderson and Christopher   
14-09-01003-CV  In the Interest of N.S.S., a Child    
Appeal from 314th District Court of Harris County

(Tex.App.- Houston [14th Dist.] Mar. 11, 2010)(record not paid for)
DISMISSED: Per Curiam     
Before Justices Brock Yates, Seymore and Brown   
14-09-01010-CV In the Matter of W.M.M.    
Appeal from 314th District Court of Harris County

(Tex.App.- Houston [14th Dist.] Mar. 11, 2010)(dismissed by appellant)
DISMISSED: Per Curiam     
Before Chief Justice Hedges, Justices Anderson and Christopher   
14-10-00121-CV  Daniel Ray Marling v. Tuong Hoa Marling    
Appeal from 306th District Court of Galveston County
Trial Court Judge: Janis Louise Yarbrough

Criminal Causes Decided:

AFFIRMED: Opinion by Justice Brock Yates     
Before Justices Brock Yates, Frost and Brown   
14-08-00839-CR        Hugo Paul Ayala v. The State of Texas    
Appeal from 183rd District Court of Harris County

DISMISSED: Per Curiam     
Before Chief Justice Hedges, Justices Anderson and Christopher   
14-09-00676-CR        KELECHI UWALAKA v. The State of Texas    
Appeal from 176th District Court of Harris County

DISMISSED: Per Curiam     
Before Justices Frost, Boyce and Sullivan   
14-10-00099-CR        VELMA JEAN LEMON v. The State of Texas    
Appeal from 177th District Court of Harris County

DISMISSED: Per Curiam     
Before Chief Justice Hedges, Justices Anderson and Christopher   
14-10-00172-CR        REYNALDO ALEXIS SARAVIA v. The State of Texas    
Appeal from 23rd District Court of Brazoria County

DISMISSED: Per Curiam     
Before Justices Brock Yates, Seymore and Brown   
14-10-00185-CR        STEPHEN HORNE v. The State of Texas    
Appeal from 248th District Court of Harris County

DISMISSED: Per Curiam     
Before Justices Brock Yates, Seymore and Brown   
14-10-00207-CR        In Re Edward R. Newsome v. The State of Texas    
Appeal from 179th District Court of Harris County

March 9, 2010

Civil Causes Decided:  None  

Criminal Causes Decided:

AFFIRMED: Opinion by Justice Sullivan     
Before Chief Justice Hedges, Justices Seymore and Sullivan   
14-08-00952-CR        Timothy Dwayne Anderson v. The State of Texas    
Appeal from 209th District Court of Harris County

AFFIRMED: Opinion by Justice Boyce     
Before Justices Frost, Boyce and Sullivan   
14-08-00984-CR        Andrew Fares Kfouri v. The State of Texas    
Appeal from 180th District Court of Harris County

AFFIRMED: Opinion by Justice Sullivan     
Before Justices Frost, Boyce and Sullivan   
14-09-00153-CR        Jarett Wade Petroski v. The State of Texas    
Appeal from Co Crim Ct at Law No 14 of Harris County


March 4, 2010   

Civil Causes Decided:

Pham v. Letney (Tex.App.- Houston [14th Dist.] March 4, 2010)(Hedges) (arbitration agreement in legal
services contract between lawyer and client enforced by mandamus, interlocutory appeal of order
denying motion to compel arbitration dismissed, FAA applied, TAA would be preempted)    
INTERLOCUTORY APPEAL DISMISSED: Opinion by
Chief Justice Hedges     
Before Chief
Justice Hedges, Justices Seymore and Justice Sullivan      
14-08-01153-CV  Steven Tuan Pham v. Shelly Letney    
Appeal from 215th District Court of Harris County
Trial Court
Judge: Levi James Benton  
Dissenting Opinion by Justice Seymore in Pham v. Letney
(In consideration of the unique relationship between attorney and client, Justice Seymore writes
dissenting opinion to express
his concern about mandatory arbitration provisions in attorney-client
agreements)  

In re Tuam Pham (pdf) (Tex.App.- Houston [14th Dist.] March 4, 2010)(Hedges)     
MOTION OR WRIT GRANTED: Opinion by
Chief Justice Adele Hedges     
Before Chief Justice Hedges, Justices Seymore and Sullivan    
14-09-00387-CV  In Re Steven Tuam Pham    
Appeal from 215th District Court of Harris County
Dissenting Opinion by Justice Seymore In re Tuam Pham (pdf)         

Woodway Drive LLC v. HCAD (Tex.App.- Houston [14th Dist.] March 4, 2010)(per curiam)
(
owner must file property tax protext judicial review suit; dismissal for want of jurisdiction affirmed;
no substitution of new owner under Rule 28)
AFFIRMED: Per Curiam     
Before Justices Brock Yates, Seymore and Brown    
14-09-00524-CV  Woodway Drive LLC aka First Reliance Metering LP v.
Harris County Appraisal District   Appeal from 189th District Court of Harris County
Trial Court Judge:  
William R. Burke JR.   

EMS USA, Inc. v. Shary (Tex.App.- Houston [14th Dist.] March 4, 2010)(Boyce)
(
temporary injunction appeal, elements requirements for temporary injunction, noncompete agreements)
We conclude that the trial court abused its discretion when it denied EMS’s application for a temporary injunction without
hearing testimony regarding whether the non-compete covenant was (1) “ancillary to or part of” the personal services
contract; and (2) a reasonable restraint.
REVERSED AND REMANDED: Opinion by Justice Bill Boyce     
Before Justices Frost, Boyce and Sullivan    
14-09-00543-CV  EMS USA, Inc v. Robert Shary    
Appeal from 334th District Court of Harris County
Trial Court Judge:
Sharon McCally   

Scott Plaza Associates Ltd v. HCAD (Tex.App.- Houston [14th Dist.] March 4, 2010)(per curiam)
(
HCAD property tax appeal, plaintiff did not own property and did not have standing to bring judicial
review suit of property tax appraisal, substitution under rule 28 not available, order granting plea to the
jurisdiction affirmed)
Steward did not own the property as of January 1, 2007.  Steward did not claim rights to protest under the Property Tax
Code as either a lessee or an agent.  Therefore, Steward lacked standing to pursue judicial review as a “party who
appeals” under section 42.21(a).  The record does not reflect that Scott Plaza pursued its right of protest as the actual
property owner.  According to the record, Scott Plaza was not named as a party until May 22, 2009 when Steward filed a
first amended original petition.  Therefore, the Review Board had not determined a protest by the actual property owner,
Scott Plaza, upon which Scott Plaza could premise a right to appeal as the property owner.
AFFIRMED: Per Curiam     
Before Justices Brock Yates, Anderson and Seymore    
14-09-00707-CV  Scott Plaza Associates LTD, commonly known as J & Friedman S. Steward v.
Harris County Appraisal District     
Appeal from 55th District Court of Harris County (trial judge not identified on appellate docket)

Hendrix v. Bryant (pdf) (Tex.App.- Houston [14th Dist.] Mar. 4, 2010)(per curiam)
(
untimely notice of appeal; no motion for extension for additional 15 days)     
DISMISSED: Per Curiam     
Before Justices Frost, Boyce and Sullivan    
14-09-00897-CV  Jake Hendrix v. Cheryl Bryant    
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    
14-07-00715-CR        Karl Eugene Jones v. The State of Texas    
Appeal from 176th District Court of Harris County

AFFIRMED: Opinion by Justice Brown     
Before Justices Frost, Brown and Boyce    
14-08-00971-CR        Laraun Omar Henderson v. The State of Texas    
Appeal from 183rd District Court of Harris County

AFFIRMED: Opinion by Chief Justice Hedges     
Before Chief Justice Hedges, Justices Anderson and Mirabal    
14-08-01048-CR        Dana Gerard Adams v. The State of Texas    
Appeal from 337th District Court of Harris County

AFFIRMED: Opinion by Justice Boyce     
Before Justices Anderson, Mirabal and Boyce    
14-08-01053-CR        Christopher Lynn Cox v. The State of Texas    
Appeal from 351st District Court of Harris County

AFFIRMED: Per Curiam     
Before Chief Justice Hedges, Justices Anderson and Christopher    
14-09-00040-CR        Andre Roberts v. The State of Texas    
Appeal from 252nd District Court of Jefferson County

AFFIRMED: Opinion by Justice Anderson     
Before Chief Justice Hedges, Justices Anderson and Christopher    
14-09-00079-CR        George William Stone Jr. v. The State of Texas    
Appeal from 400th District Court of Fort Bend County

DISMISSED: Per Curiam     
Before Justices Frost, Boyce and Sullivan    
14-09-00189-CR        Richard Moreno v. The State of Texas    
Appeal from 184th District Court of Harris County

AFFIRMED: Per Curiam     
Before Justices Brock Yates, Seymore and Brown    
14-09-00437-CR        Malcolm Jamal Isler v. The State of Texas    
Appeal from 338th District Court of Harris County

DISMISSED: Per Curiam     
Before Justices Frost, Boyce and Sullivan    
14-10-00128-CR        DAUNDRE HARRIS v. The State of Texas    
Appeal from 230th District Court of Harris County   

Released Opinion

March 3, 2010  

Civil Causes Decided:

In Re Rapid Settlements, Ltd (Tex.App.- Houston [14th Dist.] Mar. 3, 2010)(per curiam denial of
mandamus against sanctions order and discovery order)
relator asked this court to compel the Honorable Patricia Hancock, presiding judge of the 113th District Court of Harris
County, to set aside her February 22, 2010, order compelling the deposition of relator’s corporate representative,
compelling the production of documents, and awarding sanctions,
MOTION OR WRIT DENIED: Per Curiam  
Before Chief Justice Hedges, Justices Anderson and Christopher
14-10-00204-CV In Re Rapid Settlements, Ltd  
Appeal from 113th District Court of Harris County
Trial Court Judge:
Patricia Ann Hancock    

Criminal Causes Decided:


March 2, 2010

Civil Causes Decided:

WTG Gas Processing, LP v. ConocoPhillips Company (pdf) (Tex.App.- Houston [14th Dist.] Mar. 2, 2010)
(Corrected superseding opinion by Seymore) (cross appeals,
breach of contract and tortious-
interference claims, no contract formed, statute of frauds, summary judgment affirmed)
AFFIRMED: Opinion by
Justice Charles Seymore     
Before Chief Justice Hedges, Justices Anderson and Seymore   
14-08-00019-CV WTG Gas Processing, LP v. ConocoPhillips Company, Targa Field Services, LLC,
Targa Resources Texas GP LLC, Targa Resouces, Inc., Targa Texas Field Services, LP and Warburg
Pincus, LLC    Appeal from 333rd District Court of Harris County  
Trial Court Judge:
Joseph J. Halbach   

Peredo v. Grupo Cuadro, S.A. De C.V. (Tex.App.- Houston [14th Dist.] Mar 2. 2010)(Anderson)
(
denial of special appearance was error, severance and dismissal for want of in personal jurisdiction
ordered)
A Mexican corporation brought suit in Harris County against a vendor and two of the vendors’ Texas
employees.  The vendor counterclaimed against the Mexican corporation’s president, who resides in
California, and the trial court denied the nonresident counterdefendant’s special appearance.  Because
the evidence does not support the trial court’s exercise of personal jurisdiction over the nonresident, we
reverse and remand.
REVERSED AND REMANDED: Opinion by
Justice John S. Anderson     
Before Justices Anderson and Brown   
14-08-01032-CV  Miguel Peredo v. Grupo Cuadro, S.A. de C.V.    
Appeal from 234th District Court of Harris County
Trial Court Judge:
Reese Rondon

Criminal Causes Decided:

AFFIRMED: Opinion by Justice Brown     
Before Justices Brock Yates, Frost and Brown   
14-08-00479-CR        Ralph Courtney Bell JR. v. The State of Texas    
Appeal from 212th District Court of Galveston County

AFFIRMED: Opinion by Justice Sullivan     
Before Chief Justice Hedges, Justices Seymore and Sullivan   
14-08-01000-CR        Justin Ross Deshayes v. The State of Texas    
Appeal from 263rd District Court of Harris County

REVERSED AND REMANDED: Opinion by Justice Anderson     
Before Chief Justice Hedges, Justices Anderson and Christopher   
14-09-00121-CR        Carl Edward Rubit v. The State of Texas    
Appeal from 263rd District Court of Harris County

MOTION OR WRIT DENIED: Per Curiam     
Before Chief Justice Hedges, Justices Anderson and Christopher   
14-10-00144-CR        In Re Eric David Lofland v. The State of Texas    
Appeal from 184th District Court of Harris County

.
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1/18/10
 

RECENT BLOG POSTS ON HOUSTON APPEALS COURT OPINIONS
Property tax protester must have standing to bring tax appeal, judicial review suit
Appeal from partial summary judgment in bill-of-review suit not final appealable order   
No tolling of statute of limitations based on brief absences of the defendant  from the state
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individually
Right to nonsuit vindicated by mandamus  
Two-step in suit to partition land explained   
Settlement agreement enforced
APPELLATE PROCEDURE
Another appeal dismissed in the absence of a final appealable order or judgment   
Texas court may not issue advisory opinions - Temporary injunction appeal dismissed     
Mistrial order not immediately appealable  
CIVIL PROCEDURE - TRCP ISSUES ON APPEAL
Right to jury trial grounded in the constitution, but subject to waiver
Spoliation no reason to overturn summary judgment for defendant in premises liability suit
against grocery store   
Plea to the jurisdiction explained
Oral presentment of claim sufficient for recovery of attorney's fees  
What if the motion for new trial is not sworn?
Insufficient notice of summary judgment hearing complaint requires specific steps to preserve
error for appeal  
FAMILY LAW CASES | APPEALS FROM DIVORCE COURTS
Property division in divorce from foreign tag-along spouse affirmed - gender roles reversed  
No community property - Nothing for the divorce court to divided  
Protective order against ex-girlfriend affirmed     
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