| August 2010 Decisions of the Fourteenth Court of Appeals in Houston [14th Dist.] 2010) HOUSTON OPINIONS |
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Opinion Release Dates: 2010 AUGUST 2010 DECISIONS WITH LINKS TO APPELLATE OPINIONS IN CIVIL CASES DETAILS FOR CASES DECIDED BY THE FOURTEENTH COURT OF APPEALS IN AUGUST 2010 Released Opinions August 31, 2010 Civil Causes Decided: State of Texas v. GAYLOR INVESTMENT TRUST PARTNERSHIP (Tex.App.- Houston [14th Dist.] August 31, 2010)(Frost) AFFIRMED: Opinion by Justice Frost Before Justices Brock Yates, Frost and Brown 14-08-00539-CV State of Texas v. GAYLOR INVESTMENT TRUST PARTNERSHIP Appeal from County Civil Court at Law No 3 of Harris County In the Interest of R.T.K. (Tex.App.- Houston [14th Dist.] August 31, 2010)(Sullivan) AFFIRMED: Opinion by Justice Sullivan Before Justices Frost, Boyce and Sullivan 14-08-00948-CV In the Interest of R.T.K. Appeal from 312th District Court of Harris County Hajdasz v. Merrit (Tex.App.- Houston [14th Dist.] August 31, 2010)(Sullivan) REVERSED AND RENDERED: Opinion by Justice Sullivan Before Justices Frost, Boyce and Sullivan 14-09-00045-CV Phillip Alexander Hajdasz v. Chase Merrit, Et Al Appeal from Co Civil Ct at Law No 2 of Harris County Johnson v. Waxahachie Independent School District (Tex.App.- Houston [14th Dist.] August 31, 2010)(Sullivan) AFFIRMED: Opinion by Justice Sullivan Before Chief Justice Hedges, Justices Frost and Sullivan 14-09-00072-CV Tim Johnson and Ed White v. Waxahachie Independent School District Appeal from 40th District Court of Ellis County Poplin v. Amerisure Mutual Insurance Company (Tex.App.- Houston [14th Dist.] August 31, 2010)(Frost) REVERSED AND REMANDED: Opinion by Justice Frost Before Justices Frost, Boyce and Sullivan 14-09-00222-CV Svetlana B. Poplin v. Amerisure Mutual Insurance Company Appeal from Co Civil Ct at Law No 2 of Harris County Circle X Land and Cattle Co., LTD v. Mumford Independent School District (Tex.App.- Houston [14th Dist.] August 31, 2010)(Brown) AFFIRMED: Opinion by Justice Brown Before Justices Brown, Sullivan and Christopher 14-09-00330-CV Circle X Land and Cattle Co., LTD v. Mumford Independent School District Appeal from 82nd District Court of Robertson County Multi County Water Supply Corporation v. City of Hamilton, Texas and Upper Leon River Municipal Water District (Tex.App.- Houston [14th Dist.] August 31, 2010)(Christopher) AFFIRMED: Opinion by Justice Christopher Before Justices Brown, Sullivan and Christopher 14-09-00333-CV Multi County Water Supply Corporation v. City of Hamilton, Texas and Upper Leon River Municipal Water District Appeal from 220th District Court of Hamilton County Harrison v. Harrison (Tex.App.- Houston [14th Dist.] August 31, 2010)(Anderson) AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Frost and Seymore 14-09-00470-CV Luke Wayne Harrison v. Bonny Caye Harrison Appeal from County Court at Law of Washington County Harrison v. Harrison (Tex.App.- Houston [14th Dist.] August 31, 2010)(Frost) CONCURRING: Concurring Opinion by Justice Frost Before Justices Anderson, Frost and Seymore 14-09-00470-CV Luke Wayne Harrison v. Bonny Caye Harrison Appeal from County Court at Law of Washington County Gannon, M.D. v. Wyche (Tex.App.- Houston [14th Dist.] August 31, 2010)(Brown) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Brown Before Justices Brock Yates, Seymore and Brown 14-09-00624-CV Catherine Gannon, M.D., Jochen Profit, M.D., Paul Allencherril, M.D., and Baylor College of Medicine, Lisa Havins, MSN, RN, NNP, Carol Anselmo, MSN, RN, NNP, and Texas Children's Hospital v. Lamar Traci Wyche, Individually and on Behalf of Kyla Wyche, a Minor Appeal from 212th District Court of Galveston County Heerden v. Heerden (Tex.App.- Houston [14th Dist.] August 31, 2010)(Brown) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Brown Before Justices Brown, Sullivan and Christopher 14-09-00708-CV Ann E. Van Heerden v. Casper J. Van Heerden Appeal from 245th District Court of Harris County Reynolds v. Reynolds (Tex.App.- Houston [14th Dist.] August 31, 2010)(Christopher) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Christopher Before Justices Brown, Sullivan and Christopher 14-09-00720-CV Wilma Reynolds v. David Reynolds Appeal from 300th District Court of Brazoria County In the Interest of E.D.M. (Tex.App.- Houston [14th Dist.] August 31, 2010)(Hedges) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Boyce 14-09-00727-CV In the Interest of E.D.M. Appeal from County Court at Law No 1 of Galveston County Osaka Japanese Restaurant, Inc. v. Osaka SteakHouse Corporation and Yu Qing Weng (Tex.App.- Houston [14th Dist.] August 31, 2010)(Curiam) AFFIRMED: Per Curiam Before Justices Anderson, Frost and Seymore 14-09-01031-CV Osaka Japanese Restaurant, Inc. v. Osaka SteakHouse Corporation and Yu Qing Weng Appeal from 61st District Court of Harris County In Re United Production & Construction Services, Inc (Tex.App.- Houston [14th Dist.] August 31, 2010)(Curiam) DISMISSED: Per Curiam Before Justices Frost, Boyce and Sullivan 14-10-00023-CV In Re United Production & Construction Services, Inc Appeal from 164th District Court of Harris County EMS Gulf Coast LLC nka EMS USA, Inc v. Centerpoint Energy Pipeline Services, Inc., and Mark C. Schroeder (Tex.App.- Houston [14th Dist.] August 31, 2010)(Curiam) REVERSED AND REMANDED: Per Curiam Before Justices Seymore, Boyce and Christopher 14-10-00495-CV EMS Gulf Coast LLC nka EMS USA, Inc v. Centerpoint Energy Pipeline Services, Inc., and Mark C. Schroeder Appeal from 270th District Court of Harris County In Re Younan Nowzaradan, M.D. (Tex.App.- Houston [14th Dist.] August 31, 2010)(Christopher) MOTION OR WRIT DENIED: Opinion by Justice Christopher Before Justices Seymore, Boyce and Christopher 14-10-00801-CV In Re Younan Nowzaradan, M.D. Appeal from 157th District Court of Harris County Criminal Causes Decided: Kay J. Anderson a.ka. Kerine J. Anderson v. The State of Texas (Tex.App.- Houston [14th Dist.] August 31, 2010)(Hedges) AFFIRMED IN PART/REVERSED AND RENDERED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Boyce 14-08-01054-CR Kay J. Anderson a.ka. Kerine J. Anderson v. The State of Texas Appeal from 178th District Court of Harris County David Sandoval Castro v. The State of Texas (Tex.App.- Houston [14th Dist.] August 31, 2010)(Yates) AFFIRMED: Opinion by Justice Brock Yates Before Chief Justice Hedges, Justices Brock Yates and Boyce 14-08-01156-CR David Sandoval Castro v. The State of Texas Appeal from 180th District Court of Harris County Frank Christopher Sustaita v. The State of Texas (Tex.App.- Houston [14th Dist.] August 31, 2010)(Sullivan) AFFIRMED: Opinion by Justice Sullivan Before Justices Frost, Boyce and Sullivan 14-09-00060-CR Frank Christopher Sustaita v. The State of Texas Appeal from 54th District Court of McLennan County Leslie Megan Lewis-Grant v. The State of Texas (Tex.App.- Houston [14th Dist.] August 31, 2010)(Brown) AFFIRMED: Opinion by Justice Brown Before Justices Brock Yates, Seymore and Brown 14-09-00068-CR Leslie Megan Lewis-Grant v. The State of Texas Appeal from 52nd District Court of Coryell County Leslie Megan Lewis-Grant v. The State of Texas (Tex.App.- Houston [14th Dist.] August 31, 2010)(Brown) AFFIRMED: Opinion by Justice Brown Before Justices Brock Yates, Seymore and Brown 14-09-00069-CR Leslie Megan Lewis-Grant v. The State of Texas Appeal from 52nd District Court of Coryell County Jose Armando DeLeon v. The State of Texas (Tex.App.- Houston [14th Dist.] August 31, 2010)(Hedges) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Christopher 14-09-00319-CR Jose Armando DeLeon v. The State of Texas Appeal from 272nd District Court of Brazos County Jose Armando DeLeon v. The State of Texas (Tex.App.- Houston [14th Dist.] August 31, 2010)(Christopher) DISSENTING: Dissenting Opinion by Justice Christopher Before Chief Justice Hedges, Justices Anderson and Christopher 14-09-00319-CR Jose Armando DeLeon v. The State of Texas Appeal from 272nd District Court of Brazos County Vernon M. Scott v. The State of Texas (Tex.App.- Houston [14th Dist.] August 31, 2010)(Frost) AFFIRMED: Opinion by Justice Frost Before Justices Anderson, Frost and Seymore 14-09-00348-CR Vernon M. Scott v. The State of Texas Appeal from 262nd District Court of Harris County Keith C. Schupp v. The State of Texas (Tex.App.- Houston [14th Dist.] August 31, 2010)(Hedges) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Boyce 14-09-00376-CR Keith C. Schupp v. The State of Texas Appeal from Co Crim Ct at Law No 13 of Harris County Jermaine C. Mitchell v. The State of Texas (Tex.App.- Houston [14th Dist.] August 31, 2010)(Yates) AFFIRMED: Opinion by Justice Brock Yates Before Chief Justice Hedges, Justices Brock Yates and Boyce 14-09-00379-CR Jermaine C. Mitchell v. The State of Texas Appeal from 184th District Court of Harris County Jose Avitua Soto v. The State of Texas (Tex.App.- Houston [14th Dist.] August 31, 2010)(Yates) AFFIRMED: Opinion by Justice Brock Yates Before Chief Justice Hedges, Justices Brock Yates and Boyce 14-09-00430-CR Jose Avitua Soto v. The State of Texas Appeal from 262nd District Court of Harris County Tori Devon Busby v. The State of Texas (Tex.App.- Houston [14th Dist.] August 31, 2010)(Curiam) AFFIRMED: Per Curiam Before Justices Seymore, Boyce and Christopher 14-09-00816-CR Tori Devon Busby v. The State of Texas Appeal from 263rd District Court of Harris County William Baisy v. The State of Texas (Tex.App.- Houston [14th Dist.] August 31, 2010)(Curiam) AFFIRMED: Per Curiam Before Justices Seymore, Boyce and Christopher 14-09-00864-CR William Baisy v. The State of Texas Appeal from 185th District Court of Harris County Troy Wayne Buse v. The State of Texas (Tex.App.- Houston [14th Dist.] August 31, 2010)(Curiam) DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Sullivan 14-10-00748-CR Troy Wayne Buse v. The State of Texas Appeal from 230th District Court of Harris County August 27, 2010 Civil Causes Decided: Criminal Causes Decided: In Re Joseph J. Meeks (Tex.App.- Houston [14th Dist.] August 27, 2010)(Curiam) MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Sullivan 14-10-00724-CR In Re Joseph J. Meeks Appeal from 10th District Court of Galveston County In Re Ronald Clifton Word v. (Tex.App.- Houston [14th Dist.] August 27, 2010)(Curiam) MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Sullivan 14-10-00749-CR In Re Ronald Clifton Word v. Appeal from 178th District Court of Harris County In Re Ronald Clifton Word v. (Tex.App.- Houston [14th Dist.] August 27, 2010)(Curiam) MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Sullivan 14-10-00750-CR In Re Ronald Clifton Word v. Appeal from 178th District Court of Harris County In Re John Wayne Alexander (Tex.App.- Houston [14th Dist.] August 27, 2010)(Curiam) DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Sullivan 14-10-00808-CR In Re John Wayne Alexander Appeal from 176th District Court of Harris County August 26, 2010 Civil Causes Decided: Curry v. Les Pickett and Galloway, Johnson, Thompkins, Burr & Smith, P.C. (Tex.App.- Houston [14th Dist.] August 26, 2010)(Seymore) AFFIRMED: Opinion by Justice Seymore Before Justices Brock Yates, Seymore and Brown 14-09-00188-CV J.L. Curry, v. Les Pickett and Galloway, Johnson, Thompkins, Burr & Smith, P.C. Appeal from 113th District Court of Harris County Harris County Appraisal District v. Houston Laureate Associates Ltd. and Levering & Company (Tex.App.- Houston [14th Dist.] August 26, 2010)(Yates) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Seymore and Brown 14-09-00380-CV Harris County Appraisal District v. Houston Laureate Associates Ltd. and Levering & Company Appeal from 234th District Court of Harris County Busby v. Kensington Club I (Tex.App.- Houston [14th Dist.] August 26, 2010)(Curiam) DISMISSED: Per Curiam Before Justices Seymore, Boyce and Christopher 14-10-00168-CV Kathy Busby v. Kensington Club I Appeal from Co Civil Ct at Law No 1 of Harris County Fite v. White (Tex.App.- Houston [14th Dist.] August 26, 2010)(Curiam) DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Sullivan 14-10-00514-CV Jessica Fite v. William White, Sr. Appeal from 312th District Court of Harris County Pappillion v. Harris County (Tex.App.- Houston [14th Dist.] August 26, 2010)(Curiam) DISMISSED: Per Curiam Before Justices Anderson, Frost and Brown 14-10-00515-CV Quintonna Pappillion v. Harris County Appeal from Co Civil Ct at Law No 4 of Harris County Yazdchi v. Wang (Tex.App.- Houston [14th Dist.] August 26, 2010)(Curiam) DISMISSED: Per Curiam Before Justices Anderson, Frost and Brown 14-10-00572-CV Al Yazdchi v. Chau Weng Wang and Mei Ling Wang Appeal from Co Civil Ct at Law No 3 of Harris County Durst v. Boyd, M.D. (Tex.App.- Houston [14th Dist.] August 26, 2010)(Brown) DISMISSED: Opinion by Justice Brown Before Justices Anderson, Frost and Brown 14-10-00623-CV Carolyn Y. Durst v. Dr. Lillian Woo & Noel C. Boyd, M.D. Appeal from 129th District Court of Harris County Morgan Brown and Dwayne Thomassie v. Mid Century Insurance Company of Texas (Tex.App.- Houston [14th Dist.] August 26, 2010)(Curiam) DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Sullivan 14-10-00673-CV Morgan Brown and Dwayne Thomassie v. Mid Century Insurance Company of Texas Appeal from 136th District Court of Jefferson County Criminal Causes Decided: Tiffany Nicole Walton v. The State of Texas (Tex.App.- Houston [14th Dist.] August 26, 2010)(Yates) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Seymore and Brown 14-08-00725-CR Tiffany Nicole Walton v. The State of Texas Appeal from 7th District Court of Smith County Frankie L. Polk v. The State of Texas (Tex.App.- Houston [14th Dist.] August 26, 2010)(Seymore) AFFIRMED AND REFORMED: Opinion by Justice Seymore Before Justices Anderson, Frost and Seymore 14-09-00131-CR Frankie L. Polk v. The State of Texas Appeal from 351st District Court of Harris County Ricky Phillip Maness v. The State of Texas (Tex.App.- Houston [14th Dist.] August 26, 2010)(Frost) AFFIRMED: Opinion by Justice Frost Before Justices Anderson, Frost and Brown 14-09-00833-CR Ricky Phillip Maness v. The State of Texas Appeal from 248th District Court of Harris County Keith A Washington v. The State of Texas (Tex.App.- Houston [14th Dist.] August 26, 2010)(Curiam) AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Sullivan 14-09-01051-CR Keith A Washington v. The State of Texas Appeal from 183rd District Court of Harris County Willis Lee Sneed v. The State of Texas (Tex.App.- Houston [14th Dist.] August 26, 2010)(Curiam) DISMISSED: Per Curiam Before Justices Anderson, Frost and Brown 14-10-00158-CR Willis Lee Sneed v. The State of Texas Appeal from 339th District Court of Harris County Robert Lee Banargent v. The State of Texas (Tex.App.- Houston [14th Dist.] August 26, 2010)(Curiam) DISMISSED: Per Curiam Before Justices Anderson, Frost and Brown 14-10-00662-CR Robert Lee Banargent v. The State of Texas Appeal from 240th District Court of Fort Bend County Robert Randall Long v. The State of Texas (Tex.App.- Houston [14th Dist.] August 26, 2010)(Curiam) DISMISSED: Per Curiam Before Justices Seymore, Boyce and Christopher 14-10-00718-CR Robert Randall Long v. The State of Texas Appeal from 177th District Court of Harris County Robert Randall Long v. The State of Texas (Tex.App.- Houston [14th Dist.] August 26, 2010)(Curiam) DISMISSED: Per Curiam Before Justices Seymore, Boyce and Christopher 14-10-00719-CR Robert Randall Long v. The State of Texas Appeal from 177th District Court of Harris County Robert Randall Long v. The State of Texas (Tex.App.- Houston [14th Dist.] August 26, 2010)(Curiam) DISMISSED: Per Curiam Before Justices Seymore, Boyce and Christopher 14-10-00720-CR Robert Randall Long v. The State of Texas Appeal from 177th District Court of Harris County Paul Leymone Paige v. The State of Texas (Tex.App.- Houston [14th Dist.] August 26, 2010)(Curiam) DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Sullivan 14-10-00775-CR Paul Leymone Paige v. The State of Texas Appeal from 176th District Court of Harris County August 24, 2010 Civil Causes Decided: Expo Holdings, LP D/B/A Expo Motorcars, and G. Michael Kim v. Peter Jacobson (Tex.App.- Houston [14th Dist.] August 24, 2010)(Anderson) REVERSED AND RENDERED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Christopher 14-09-00343-CV Expo Holdings, LP D/B/A Expo Motorcars, and G. Michael Kim v. Peter Jacobson Appeal from Co Civil Ct at Law No 3 of Harris County Criminal Causes Decided: Broderick D'Earl Williams v. The State of Texas (Tex.App.- Houston [14th Dist.] August 24, 2010)(Anderson) AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Frost and Seymore 14-08-01079-CR Broderick D'Earl Williams v. The State of Texas Appeal from 339th District Court of Harris County Gregory Carl Green v. The State of Texas (Tex.App.- Houston [14th Dist.] August 24, 2010)(Anderson) REVERSED AND REMANDED: Opinion by Justice Anderson Before Justices Anderson, Frost and Seymore 14-09-00338-CR Gregory Carl Green v. The State of Texas Appeal from 40th District Court of Ellis County Lewis Oliver v. The State of Texas (Tex.App.- Houston [14th Dist.] August 24, 2010)(Sullivan) AFFIRMED: Opinion by Justice Sullivan Before Justices Brown, Sullivan and Christopher 14-09-00690-CR Lewis Oliver v. The State of Texas Appeal from 262nd District Court of Harris County August 23, 2010 Civil Causes Decided: In Re Robert Bittinger (Tex.App.- Houston [14th Dist.] August 23, 2010)(Curiam) MOTION OR WRIT DENIED: Per Curiam Before Justices Brown, Sullivan and Christopher 14-10-00697-CV In Re Robert Bittinger Appeal from Co Civil Ct at Law No 1 of Harris County In Re Robert Bittinger (Tex.App.- Houston [14th Dist.] August 23, 2010)(DENIED:) MOTION OR WRIT DENIED: Before 14-10-00710-CV In Re Robert Bittinger Appeal from Co Civil Ct at Law No 1 of Harris County Criminal Causes Decided: August 19, 2010 Civil Causes Decided: Wells v. Wells (Tex.App.- Houston [14th Dist.] August 19, 2010)(Curiam) AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Boyce 14-09-00811-CV LeAnne Nicole Wells v. Douglas Gibson Wells Appeal from 328th District Court of Fort Bend County Grande Valley Homes LLC. v. Wachovia Bank National Association (Tex.App.- Houston [14th Dist.] August 19, 2010)(Curiam) DISMISSED: Per Curiam Before Justices Seymore, Boyce and Christopher 14-09-00954-CV Grande Valley Homes LLC., Dizdar Development Ltd., Casa Linda VI, L.L.C., Mark Dizdar and Kelly Dizdar v. Wachovia Bank National Association Appeal from 281st District Court of Harris County Johnson v. Martin (Tex.App.- Houston [14th Dist.] August 19, 2010)(Curiam) DISMISSED: Per Curiam Before Justices Seymore, Boyce and Christopher 14-10-00150-CV Annie B. Johnson v. Alean C. Martin Appeal from 61st District Court of Harris County Gowens v. Lim (Tex.App.- Houston [14th Dist.] August 19, 2010)(Curiam) DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Boyce 14-10-00256-CV Jimmy R. Gowens, Jr. v. Sereyna S. Lim Appeal from 312th District Court of Harris County In the Interest of L.R.D. and H.D., Children (Tex.App.- Houston [14th Dist.] August 19, 2010)(Curiam) DISMISSED: Per Curiam Before Justices Seymore, Boyce and Christopher 14-10-00426-CV In the Interest of L.R.D. and H.D., Children Appeal from 310th District Court of Harris County Williams v. Hodges (Tex.App.- Houston [14th Dist.] August 19, 2010)(Curiam) DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Boyce 14-10-00445-CV Glenn L. Williams v. Donald R. Hodges Appeal from 215th District Court of Harris County Uribe v. Metropolitan Transit Authority, Et Al., (Tex.App.- Houston [14th Dist.] August 19, 2010)(Curiam) DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Boyce 14-10-00499-CV Nelly Uribe v. Metropolitan Transit Authority, Et Al., Appeal from Co Civil Ct at Law No 3 of Harris County Garcia v. Houston Distributing Company, Inc. (Tex.App.- Houston [14th Dist.] August 19, 2010)(Curiam) DISMISSED: Per Curiam Before Justices Seymore, Boyce and Christopher 14-10-00543-CV Dahlia M. Garcia, Individually and as Representative of the Estate of Richard A. Burns v. Houston Distributing Company, Inc. and Jose Orellano Appeal from 189th District Court of Harris County In Re Shannon Lee Simon (Tex.App.- Houston [14th Dist.] August 19, 2010)(Curiam) MOTION OR WRIT DENIED: Per Curiam Before Justices Seymore, Boyce and Christopher 14-10-00737-CV In Re Shannon Lee Simon Appeal from 157th District Court of Harris County Criminal Causes Decided: Larry Layman v. The State of Texas (Tex.App.- Houston [14th Dist.] August 19, 2010)(Brown) AFFIRMED: Opinion by Justice Brown Before Justices Brock Yates, Seymore and Brown 14-08-00701-CR Larry Layman v. The State of Texas Appeal from 239th District Court of Brazoria County Bill Rashad Jones v. The State of Texas (Tex.App.- Houston [14th Dist.] August 19, 2010)(Seymore) AFFIRMED: Opinion by Justice Seymore Before Justices Brock Yates, Seymore and Brown 14-09-00065-CR Bill Rashad Jones v. The State of Texas Appeal from 77th District Court of Limestone County Andre C. Ashton v. The State of Texas (Tex.App.- Houston [14th Dist.] August 19, 2010)(Curiam) DISMISSED: Per Curiam Before Justices Seymore, Boyce and Christopher 14-10-00411-CR Andre C. Ashton v. The State of Texas Appeal from 180th District Court of Harris County Jeremy Dale Green v. The State of Texas (Tex.App.- Houston [14th Dist.] August 19, 2010)(Curiam) DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Boyce 14-10-00436-CR Jeremy Dale Green v. The State of Texas Appeal from Co Crim Ct at Law No 8 of Harris County August 17, 2010 Civil Causes Decided: Wohlstein v. Aliezer (Tex.App.- Houston [14th Dist.] August 17, 2010)(Sullivan) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Sullivan Before Chief Justice Hedges, Justices Seymore and Sullivan 14-08-00751-CV Joshua Wohlstein v. Ron Aliezer, and ASW Allstate Painting & Construction, Inc. Appeal from 334th District Court of Harris County In the Interest of S.A.M., P.R.M., and S.A.M. (Tex.App.- Houston [14th Dist.] August 17, 2010)(Frost) REVERSED AND REMANDED: Opinion by Justice Frost Before Justices Anderson, Frost and Boyce 14-08-01068-CV In the Interest of S.A.M., P.R.M., and S.A.M. Appeal from 315th District Court of Harris County Criminal Causes Decided: August 12, 2010 Civil Causes Decided: Perez v. Old American County Mutual Fire Insurance Company (Tex.App.- Houston [14th Dist.] August 12, 2010)(Christopher) AFFIRMED: Opinion by Justice Christopher Before Justices Brown, Sullivan and Christopher 14-09-00456-CV Jose A. Perez and Nancy C. Perez v. Old American County Mutual Fire Insurance Company Appeal from 165th District Court of Harris County Beck Individually and d/b/a GB International v. West Houston Airport Corporation (Tex.App.- Houston [14th Dist.] August 12, 2010)(Hedges) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brown and Sullivan 14-09-00471-CV Gary Lynn Beck Individually and d/b/a GB International v. West Houston Airport Corporation Appeal from Co Civil Ct at Law No 4 of Harris County Sachtleben v. Bennett (Tex.App.- Houston [14th Dist.] August 12, 2010)(Curiam) AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Boyce 14-10-00322-CV Sheryl Sachtleben v. Phillip Bennett Appeal from 25th District Court of Guadalupe County Delatorre, aka AMG Plumbing v. Ekpena (Tex.App.- Houston [14th Dist.] August 12, 2010)(Curiam) DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Boyce 14-10-00475-CV Ruben Delatorre, aka AMG Plumbing v. Jamilah Ekpena Appeal from Co Civil Ct at Law No 4 of Harris County Harris v. Harris and Saw Mill Tavern, Inc. (Tex.App.- Houston [14th Dist.] August 12, 2010)(Curiam) DISMISSED: Per Curiam Before Justices Anderson, Frost and Seymore 14-10-00605-CV William Harris v. Joshua A . Harris and Saw Mill Tavern, Inc. Appeal from 80th District Court of Harris County In Re Denbury Green Pipeline-Texas, LLC (Tex.App.- Houston [14th Dist.] August 12, 2010)(Yates) MOTION OR WRIT DENIED: Opinion by Justice Brock Yates Before Chief Justice Hedges, Justices Brock Yates and Boyce 14-10-00657-CV In Re Denbury Green Pipeline-Texas, LLC Appeal from 212th District Court of Galveston County ERNEST PHILLIPS AND SEARAIL, INC. v. CALHOUN (Tex.App.- Houston [14th Dist.] August 12, 2010)(Curiam) DISMISSED: Per Curiam Before Justices Anderson, Frost and Brown 14-88-00500-CV ERNEST PHILLIPS AND SEARAIL, INC. v. TERRY CALHOUN AND DONNA CALHOUN Appeal from 55th District Court of Harris County Nolan v. Purcell (Tex.App.- Houston [14th Dist.] August 12, 2010)(Curiam) DISMISSED: Per Curiam Before Justices Anderson, Frost and Brown 14-89-01163-CV Jack D. Nolan v. Edward J. Purcell Appeal from 215th District Court of Harris County Williams v. Williams (Tex.App.- Houston [14th Dist.] August 12, 2010)(Curiam) DISMISSED: Per Curiam Before Justices Anderson, Frost and Brown 14-91-00536-CV Jessie A. Williams v. Barbara J. Williams Appeal from 247th District Court of Harris County Indo American Refining Company, Inc., v. Texas Petrochemicals Corporation (Tex.App.- Houston [14th Dist.] August 12, 2010)(Curiam) DISMISSED: Per Curiam Before Justices Anderson, Frost and Brown 14-91-00722-CV Indo American Refining Company, Inc., v. Texas Petrochemicals Corporation Appeal from 61st District Court of Harris County Criminal Causes Decided: Donald Ray Cravin v. The State of Texas (Tex.App.- Houston [14th Dist.] August 12, 2010)(Curiam) AFFIRMED: Per Curiam Before Justices Anderson, Frost and Seymore 14-09-00668-CR Donald Ray Cravin v. The State of Texas Appeal from 232nd District Court of Harris County August 11, 2010 Civil Causes Decided: In Re Connie Kristen Clayton (Tex.App.- Houston [14th Dist.] August 11, 2010)(Curiam) MOTION OR WRIT DENIED: Per Curiam Before Justices Frost, Boyce and Sullivan 14-10-00193-CV In Re Connie Kristen Clayton Appeal from Probate Court of Galveston County Criminal Causes Decided: August 10, 2010 Civil Causes Decided: Moore v. Altra Energy Technologies Inc and Altra Electronic Trading Servcies, Inc and DGO, Inc. d/b/a The Ownby Companies (Tex.App.- Houston [14th Dist.] August 10, 2010)(Brown) REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by Justice Brown Before Justices Brock Yates, Seymore and Brown 14-08-00362-CV Paul Moore v. Altra Energy Technologies Inc and Altra Electronic Trading Servcies, Inc and DGO, Inc. d/b/a The Ownby Companies Appeal from 270th District Court of Harris County Sharp Engineering and Shah v. Luis (Tex.App.- Houston [14th Dist.] August 10, 2010)(Boyce) REVERSED AND REMANDED: Opinion by Justice Boyce Before Justices Frost, Boyce and Sullivan 14-09-00645-CV Sharp Engineering and Pradeep Shah v. Sergio R. Luis and Judith Yanet Delgado, Individually and as Next Friend of Sergio Luis Delgado, Jackeline Luis and Johnatha Luis, Minors Appeal from 133rd District Court of Harris County Sharp Engineering and Shah v. Luis (Tex.App.- Houston [14th Dist.] August 10, 2010)(Sullivan) CONCURRING: Concurring Opinion by Justice Sullivan Before Justices Frost, Boyce and Sullivan 14-09-00645-CV Sharp Engineering and Pradeep Shah v. Sergio R. Luis and Judith Yanet Delgado, Individually and as Next Friend of Sergio Luis Delgado, Jackeline Luis and Johnatha Luis, Minors Appeal from 133rd District Court of Harris County Criminal Causes Decided: August 5, 2010 Civil Causes Decided: Westerngeco Resources, Inc. v. Burch (Tex.App.- Houston [14th Dist.] August 5, 2010)(Curiam) DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates, Anderson, Frost, Seymore, Brown, Boyce, Sullivan and Christopher 14-08-00489-CV Westerngeco Resources, Inc. v. Darold Burch Appeal from 270th District Court of Harris County Westerngeco Resources, Inc. v. Burch (Tex.App.- Houston [14th Dist.] August 5, 2010)(Boyce) CONCURRING/DISSENTING: Concurring and Dissenting Opinion by Justice Boyce Before Chief Justice Hedges, Justices Brock Yates, Anderson, Frost, Seymore, Brown, Boyce, Sullivan and Christopher 14-08-00489-CV Westerngeco Resources, Inc. v. Darold Burch Appeal from 270th District Court of Harris County Westerngeco Resources, Inc. v. Burch (Tex.App.- Houston [14th Dist.] August 5, 2010)(Frost) CONCURRING/DISSENTING: Concurring and Dissenting Opinion by Justice Frost Before Chief Justice Hedges, Justices Brock Yates, Anderson, Frost, Seymore, Brown, Boyce, Sullivan and Christopher 14-08-00489-CV Westerngeco Resources, Inc. v. Darold Burch Appeal from 270th District Court of Harris County Cohen v. Harris County Appraisal District and The Harris County Appraisal Review Board (Tex.App.- Houston [14th Dist.] August 5, 2010)(Curiam) DISMISSED: Per Curiam Before Justices Anderson, Frost and Seymore 14-09-00761-CV Jay H. Cohen v. Harris County Appraisal District and The Harris County Appraisal Review Board Appeal from 234th District Court of Harris County Bravo v. Lenar Homes of Texas Land & Construction, LTD., Lenar Home of Texas Sales & Marketing dba Village Builders and Lennar Texas Holding Company (Tex.App.- Houston [14th Dist.] August 5, 2010)(Curiam) DISMISSED: Per Curiam Before Justices Brown, Sullivan and Christopher 14-09-00975-CV Isaias Bravo v. Lenar Homes of Texas Land & Construction, LTD., Lenar Home of Texas Sales & Marketing dba Village Builders and Lennar Texas Holding Company Appeal from 61st District Court of Harris County Illoh, M.D. v. Carroll (Tex.App.- Houston [14th Dist.] August 5, 2010)(Seymore) AFFIRMED: Opinion by Justice Seymore Before Justices Brock Yates, Seymore and Brown 14-09-01001-CV Kachikwu Illoh, M.D. v. Damita Carroll and Karen Butler, Individually and as Representatives of the Estate of James Carroll Appeal from 215th District Court of Harris County Ismik v. Ibrahimbas (Tex.App.- Houston [14th Dist.] August 5, 2010)(Curiam) DISMISSED: Per Curiam Before Justices Brown, Sullivan and Christopher 14-10-00057-CV Adnan Ismik v. Ayse Ibrahimbas Appeal from 308th District Court of Harris County Duck v. Shiloh Enterprises, Inc., Et Al (Tex.App.- Houston [14th Dist.] August 5, 2010)(Curiam) DISMISSED: Per Curiam Before Justices Brown, Sullivan and Christopher 14-10-00192-CV John Duck and Phillip Willits v. Shiloh Enterprises, Inc., Et Al Appeal from 113th District Court of Harris County Grider v. McGraw (Tex.App.- Houston [14th Dist.] August 5, 2010)(Curiam) DISMISSED: Per Curiam Before Justices Brown, Sullivan and Christopher 14-10-00276-CV William R. Grider, Jr. v. Deanna Jo McGraw Appeal from 300th District Court of Brazoria County Olivares v. Beck Ready Mix Concrete Company, LTD (Tex.App.- Houston [14th Dist.] August 5, 2010)(Curiam) DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Boyce 14-10-00319-CV Uvaldo John Olivares v. Beck Ready Mix Concrete Company, LTD Appeal from 224th District Court of Bexar County Moran Minerals, L.P. and P.J. Moran Foundation v. J&S Oil & Gas, LLC, J&S Oil & Gas Management, LTD., J&S 2008 Program, LLC, Forza Operating, LLC and Ronnie H. Montgomery, II (Tex.App.- Houston [14th Dist.] August 5, 2010)(DISMISSED:) DISMISSED: Before 14-10-00337-CV Moran Minerals, L.P. and P.J. Moran Foundation v. J&S Oil & Gas, LLC, J&S Oil & Gas Management, LTD., J&S 2008 Program, LLC, Forza Operating, LLC and Ronnie H. Montgomery, II Appeal from 125th District Court of Harris County In the Interest of D.M. and T.W., Children (Tex.App.- Houston [14th Dist.] August 5, 2010)(Curiam) DISMISSED: Per Curiam Before Justices Brown, Sullivan and Christopher 14-10-00417-CV In the Interest of D.M. and T.W., Children Appeal from 247th District Court of Harris County Rabago v. Fuentes (Tex.App.- Houston [14th Dist.] August 5, 2010)(Curiam) DISMISSED: Per Curiam Before Justices Anderson, Frost and Seymore 14-10-00575-CV Armando Rabago v. Victor Fuentes and Paulita Rabago Appeal from County Court at Law No 1 of Galveston County Todd v. Guardian Savings and Loan Association (Tex.App.- Houston [14th Dist.] August 5, 2010)(Curiam) DISMISSED: Per Curiam Before Justices Brown, Sullivan and Christopher 14-89-00786-CV Tyler D. Todd and Jeffrey B. Lewis v. Guardian Savings and Loan Association Appeal from 80th District Court of Harris County General Leasing Company v. Duncan (Tex.App.- Houston [14th Dist.] August 5, 2010)(Curiam) DISMISSED: Per Curiam Before Justices Brown, Sullivan and Christopher 14-90-00147-CV General Leasing Company v. Jimmy Duncan and Lillian Duncan Appeal from 280th District Court of Harris County Pitt v. Fidinam Resources, Inc. & Montex Exploration Company (Tex.App.- Houston [14th Dist.] August 5, 2010)(Curiam) DISMISSED: Per Curiam Before Justices Brown, Sullivan and Christopher 14-91-00057-CV De Wayne Pitt and Nova Gulf Corporation v. Fidinam Resources, Inc. & Montex Exploration Company Appeal from 127th District Court of Harris County Criminal Causes Decided: Alan Joel Geick v. The State of Texas (Tex.App.- Houston [14th Dist.] August 5, 2010)(Hedges) REVERSED AND ACQUITTAL: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Boyce 14-09-00187-CR Alan Joel Geick v. The State of Texas Appeal from 155th District Court of Austin County Gilbert Ray Castillo v. The State of Texas (Tex.App.- Houston [14th Dist.] August 5, 2010)(Hedges) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Boyce 14-09-00622-CR Gilbert Ray Castillo v. The State of Texas Appeal from 176th District Court of Harris County William Michael Urnick v. The State of Texas (Tex.App.- Houston [14th Dist.] August 5, 2010)(Curiam) AFFIRMED: Per Curiam Before Justices Brown, Sullivan and Christopher 14-09-01047-CR William Michael Urnick v. The State of Texas Appeal from 176th District Court of Harris County Ronnie Earl Fields v. The State of Texas (Tex.App.- Houston [14th Dist.] August 5, 2010)(Curiam) AFFIRMED: Per Curiam Before Justices Brown, Sullivan and Christopher 14-10-00012-CR Ronnie Earl Fields v. The State of Texas Appeal from 262nd District Court of Harris County Dee Edward Carder v. The State of Texas (Tex.App.- Houston [14th Dist.] August 5, 2010)(Curiam) DISMISSED: Per Curiam Before Justices Anderson, Frost and Seymore 14-10-00398-CR Dee Edward Carder v. The State of Texas Appeal from 122nd District Court of Galveston County Carlos Lozano Correa v. The State of Texas (Tex.App.- Houston [14th Dist.] August 5, 2010)(Curiam) DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Boyce 14-10-00635-CR Carlos Lozano Correa v. The State of Texas Appeal from 263rd District Court of Harris County August 3, 2010 Civil Causes Decided: Transcontinental Insurance Company v. Briggs Equipment Trust and Genie Industries, Inc. (Tex.App.- Houston [14th Dist.] August 3, 2010)(Frost) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Frost Before Justices Frost, Boyce and Sullivan 14-08-00795-CV Transcontinental Insurance Company, as Subrogee of The Estate of Reabon Jackson, Jr., Reabon Drusila Jackson a minor), Nettie Adams and Donald Robinson v. Briggs Equipment Trust and Genie Industries, Inc. Appeal from 133rd District Court of Harris County Kastner v. Gutter Management Inc. (Tex.App.- Houston [14th Dist.] August 3, 2010)(Frost) AFFIRMED: Opinion by Justice Frost Before Justices Frost, Boyce and Sullivan 14-09-00055-CV Kristofer Thomas Kastner v. Gutter Management Inc., Frank Fulco, Jack Heath, Russell Lund, and Jim McLaughlin Appeal from 127th District Court of Harris County Modelist v. Deutsche Bank National Trust Company f/k/a Bankers Trust Company of California, as Trustee for Aames Funding Corporation MT2001 (Tex.App.- Houston [14th Dist.] August 3, 2010)(Seymore) AFFIRMED: Opinion by Justice Seymore Before Justices Brock Yates, Seymore and Brown 14-09-00134-CV Shelton Robert Modelist v. Deutsche Bank National Trust Company f/k/a Bankers Trust Company of California, as Trustee for Aames Funding Corporation MT2001 Appeal from Co Civil Ct at Law No 3 of Harris County Robert aka Bettie Berard and the Heirs Annie Mary Johnson, Deceased v. TP Three Enterprises, Inc. (Tex.App.- Houston [14th Dist.] August 3, 2010)(Yates) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Seymore and Brown 14-09-00206-CV Bettie J. Robert aka Bettie Berard and the Heirs Annie Mary Johnson, Deceased v. TP Three Enterprises, Inc. Appeal from 239th District Court of Brazoria County Southern Vanguard Insurance Company v. Silberstein (Tex.App.- Houston [14th Dist.] August 3, 2010)(Anderson) AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Christopher 14-09-00472-CV Southern Vanguard Insurance Company v. Michael Silberstein Appeal from Co Civil Ct at Law No 2 of Harris County City of Missouri City, Texas v. Passante (Tex.App.- Houston [14th Dist.] August 3, 2010)(Anderson) AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Christopher 14-09-00634-CV City of Missouri City, Texas v. Brenda Passante, Gloria Robinson, Norma Young, and Sandra Henry Appeal from 268th District Court of Fort Bend County The City of Houston v. The Estate of Kenneth Samuel Jones, Deceased (Tex.App.- Houston [14th Dist.] August 3, 2010)(Yates) AFFIRMED IN PART DISMISSED IN PART: Opinion by Justice Brock Yates Before Justices Brock Yates, Seymore and Brown 14-09-00812-CV The City of Houston v. The Estate of Kenneth Samuel Jones, Deceased Appeal from Probate Court No 2 of Harris County The City of Houston v. The Estate of Kenneth Samuel Jones, Deceased (Tex.App.- Houston [14th Dist.] August 3, 2010)(Seymore) DISSENTING: Dissenting Opinion by Justice Seymore Before Justices Brock Yates, Seymore and Brown 14-09-00812-CV The City of Houston v. The Estate of Kenneth Samuel Jones, Deceased Appeal from Probate Court No 2 of Harris County Samshi Homes, LLC v. Deleon (Tex.App.- Houston [14th Dist.] August 3, 2010)(Hedges) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Boyce 14-09-01018-CV Samshi Homes, LLC v. Jesse Deleon Appeal from 281st District Court of Harris County In Re BP Oil Supply Company (Tex.App.- Houston [14th Dist.] August 3, 2010)(Brown) MOTION OR WRIT GRANTED: Opinion by Justice Brown Before Justices Brown, Sullivan and Christopher 14-10-00424-CV In Re BP Oil Supply Company Appeal from 164th District Court of Harris County Criminal Causes Decided: Treyveon Marcelle Pipkin v. The State of Texas (Tex.App.- Houston [14th Dist.] August 3, 2010)(Frost) AFFIRMED: Opinion by Justice Frost Before Justices Frost, Boyce and Sullivan 14-09-00018-CR Treyveon Marcelle Pipkin v. The State of Texas Appeal from 263rd District Court of Harris County Ignacio Gomez-Gutierrez v. The State of Texas (Tex.App.- Houston [14th Dist.] August 3, 2010)(Yates) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Seymore and Brown 14-09-00026-CR Ignacio Gomez-Gutierrez v. The State of Texas Appeal from 9th District Court of Montgomery County Albin Adalin Zelaya -Zelaya v. The State of Texas (Tex.App.- Houston [14th Dist.] August 3, 2010)(Anderson) AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Christopher 14-09-00346-CR Albin Adalin Zelaya -Zelaya v. The State of Texas Appeal from 180th District Court of Harris County Edward Louis Thomas v. The State of Texas (Tex.App.- Houston [14th Dist.] August 3, 2010)(Boyce) AFFIRMED: Opinion by Justice Boyce Before Chief Justice Hedges, Justices Brock Yates and Boyce 14-09-00592-CR Edward Louis Thomas v. The State of Texas Appeal from 176th District Court of Harris County Edward Louis Thomas v. The State of Texas (Tex.App.- Houston [14th Dist.] August 3, 2010)(Boyce) AFFIRMED: Opinion by Justice Boyce Before Chief Justice Hedges, Justices Brock Yates and Boyce 14-09-00593-CR Edward Louis Thomas v. The State of Texas Appeal from 176th District Court of Harris County |
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