August 2008 Cases Decided by the First Court of Appeals - Houston, Texas
(Tex. App.- Houston [1st Dist.] 2008)
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August 2008 Decision and Opinion Release Dates:  

Aug. 7, 12, 13, 14, 15, 19, 20, 21, 22, 25, 26, 27, 28, 29, 2008

AUGUST 2008 CIVIL CASE TABLE

AUGUST 2008 DECIDED CASES (with links to opinions in civil cases)

August 29, 2008

Civil Causes Decided:

In Re Noble And Slack Associates, Inc.(Tex.App.- Houston [1st Dist.] Aug. 29, 2008)(per curiam)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam (mandamus against
arbitration order denied)
Before Justices Taft, Jennings and Bland
01-08-00620-CV        In Re Noble And Slack Associates, Inc.
Appeal from 125th District Court of Harris County
Trial Court
Judge: Hon. John Coselli  

Criminal Causes Decided:

August 28, 2008

Civil Causes Decided:

Authorlee v. Tuboscope Vetco International, Inc. (Tex.App.- Houston [1st Dist.] Aug. 28, 2008)(Nuchia)
(challenge to agreed judgment, fraud claim, aggregate settlement claim, public policy)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
Before Justices Nuchia, Keyes and Higley
01-06-00719-CV        Anthony Authorlee, Dexter Burnett, Robert Derousselle, John Henry Young, Jerome
Stubblefield and Floyd Moran v. Tuboscope Vetco International, Inc.; AMF Incorporated; and Minstar, Inc.
Appeal from 295th District Court of Harris County
Trial Court
Judge: Hon. Tracy Christopher
Dissenting Opinion by Justice Keyes  (would set aside settlement aside as against public policy)      

Hernandez v. Hernandez (Tex.App.- Houston [1st Dist.] Aug 28, 2008)(Higley)
(
OAG child support enforcement suit, NPT nunc pro tunc order void)
VACATE TC JUDGMENT AND DISMISS CASE: Opinion by
Justice Higley
Before Chief Justice Radack, Justices Keyes and Higley
01-06-00901-CV  George Hernandez v. Maria Guadalupe Hernandez
Appeal from 311th District Court of Harris County
Trial Court
Judge: Hon. Doug Warne
Dissenting Opinion by Justice Keyes  

Speedemissions, Inc. v. Capital C Enterprises, Ltd (Tex.App.- Houston [1st Dist.] Aug 28, 2008)(Radack)
(summary judgment, tortious interference with business relationship, breach of fiduciary duty)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER JUDGMENT:
Opinion by
Chief Justice Sherry Radack
Before Chief Justice Radack, Justices Jennings and Bland
01-07-00400-CV   Speedemissions, Inc. v. Capital C Enterprises, Ltd., Capital C Management, L.L.C., and
Jason B. Cobb
Appeal from 113th District Court of Harris County
Trial Court
Judge: Hon. Patricia Hancock

Nguyen v. Barahona (Tex.App.- Houston [1st Dist.] Aug. 28, 2008)(Jennings)
(personal injury, damages,
workplace injury safety)
MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by
Justice Jennings  
Before Chief Justice Radack, Justices Jennings and Bland
01-07-00454-CV        Nga "Andy" Nguyen and Ching Enterprises, Inc. v. Doris Barahona
Appeal from 151st District Court of Harris County
Trial Court
Judge:  Hon. Caroline E. Baker

Monterosso v. Vance (Tex.App.- Houston [1st Dist.] Aug. 28, 2008)(Nuchia)
(
denial of special appearance affirmed)
AFFIRM TC JUDGMENT: Opinion by
Justice Nuchia
Before Justices Nuchia, Alcala and Hanks
01-07-00972-CV        Joseph Monterosso and Luis Vargas v. Mark Vance
Appeal from 190th District Court of Harris County
Trial Court Judge:
Hon. Jennifer Walker Elrod

DISMISS APPEAL: Per Curiam  
Before Chief Justice Radack, Justices Nuchia and Higley
01-08-00468-CV        Kenneth Hill v. Domingo Carrillo et al.,
Appeal from 412th Judicial District Court of Brazoria County
Trial Court Judge:        The Honorable W. Edwin Denman

DISMISS APPEAL: Per Curiam  
Before Justices Nuchia, Alcala and Hanks
01-08-00488-CV        Felicia Williamson, Individually and as Representative of the Estate of Robert Bonney and
Kenneth Dillingham v. Shenandoah Apartments and Windswept Portfolio LLC., et al
Appeal from
61st District Court of Harris County

DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Chief Justice Radack, Justices Keyes and Higley
01-08-00695-CV        In re Wayne Ernest Baker
Appeal from
295th District Court of Harris County

Criminal Causes Decided:

AFFIRM TC JUDGMENT: Opinion by Justice Jennings  
Before Chief Justice Radack, Justices Jennings and Bland
01-07-00392-CR        Kenneth Eugene Harris v. The State of Texas
Appeal from 339th District Court of Harris County

August 27, 2008

Civil Causes Decided:

In re Hutson (Tex.App.- Houston [1st Dist.][ Aug. 27, 2008)(per curiam)  (mandamus denied)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam  
Before Justices Taft, Keyes and Bland
01-08-00476-CV  In re Ardyce Hutson, Jeanne C. Poisson, Jesse Reddick, Doylon Washington, and Gregory
Hunter
Appeal from 11th District Court of Harris County
Trial Court Judge: Hon. Mark D. Davidson
(challenge to the trial court  multi-district litigation pre-trial order that requires separate trials before separate
juries)

Criminal Causes Decided:

August 26, 2008

Civil Causes Decided:  
None

Criminal Causes Decided:

AFFIRM TC JUDGMENT: Per Curiam  
Before Chief Justice Radack, Justices Keyes and Higley
01-06-00576-CR        Manuel Victoria v. The State of Texas
Appeal from 179th District Court of Harris County

AFFIRM TC JUDGMENT: Per Curiam  
Before Chief Justice Radack, Justices Keyes and Higley
01-06-00932-CR        James Patrick Faulk v. The State of Texas
Appeal from 232nd District Court of Harris County

DISMISS APPEAL: Per Curiam
Before Justices Nuchia, Alcala and Hanks
01-07-01019-CR        Marcus Jackson v. The State of Texas
Appeal from 182nd District Court of Harris County

AFFIRM TC JUDGMENT: Per Curiam  
Before Justices Taft, Jennings and Bland
01-08-00219-CR        Anthony James Watson v. The State of Texas
Appeal from 232nd District Court of Harris County

AFFIRM TC JUDGMENT: Per Curiam
Before Justices Taft, Jennings and Bland
01-08-00220-CR        Anthony James Watson v. The State of Texas
Appeal from 232nd District Court of Harris County

August 25, 2008

Civil Causes Decided:

In re Senior Living Properties, LLC (Tex.App.- Houston [1st Dist.] Aug. 25, 2008)(per curiam)
(
arbitration agreement illusory, lacking mutuality, enforcement denied)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam  
Before Justices Nuchia, Jennings and Keyes
01-06-00735-CV        In re Senior Living Properties, L.L.C., and Hospitality Health Care Services, L.L.C.
Appeal from 253rd District Court of Chambers County
Trial Court Judge:  Hon. Chap B. Cain III

Richardson v. Custom Corporates, Inc. (Tex.App.- Houston [1st Dist.] Aug. 25, 2008)(per curiam) (appeal
reinstated)
GRANT MOTION: Per Curiam
Before Justices Jennings, Keyes and Bland
01-08-00215-CV        Debbie Richardson and John E. Maher v. Custom Corporates, Inc. and Theresa Wood
Appeal from 10th District Court of Galveston County
Trial Court Judge: Hon. David E. Garner

Criminal Causes Decided:

August 22, 2008

Civil Causes Decided:

Dyer v. Regions Bank (Tex.App.- Houston [1st Dist.] Aug. 22, 2008)(per curiam)
(agreed motion to reverse and remand)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Per Curiam
Before Justices Taft, Nuchia and Bland
01-08-00201-CV        Thomas Dyer and Paige Dyer v. Regions Bank
Appeal from 133rd District Court of Harris County
Trial Court Judge:
Hon. Lamar McCorkle

Criminal Causes Decided:

DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Chief Justice Radack, Justices Jennings and Bland)
01-08-00328-CR        In re Victor Randolph Turner, Jr.  
Appeal from 268th District Court of Fort Bend County

August 22, 2008

Civil Causes Decided:

Criminal Causes Decided:

DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Chief Justice Radack, Justices Jennings and Bland
01-08-00328-CR In re Victor Randolph Turner, Jr.
Appeal from 268th District Court of Fort Bend County

August 21, 2008

Civil Causes Decided:

Tennessee Gas Pipeline Co. v. Technip USA Corp. (Tex. App.- Houston [1st Dist.] Aug. 21, 2008)(Higley)
(pipeline construction dispute, breach of contract and counterclaims, delay defective work damages)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER JUDGMENT:
Opinion by
Justice Laura Higley  
Before Justices Vance, Hanks and Higley
01-06-00535-CV Tennessee Gas Pipeline Company v. Technip USA Corporation and Technip
Appeal from 165th District Court of Harris County
Trial Court
Judge: Hon. Elizabeth Ray

Randall's Food and Drugs, LP v. Patton (Tex.App.- Houston [1st Dist.] Aug 21,2008)(Radack)
(
lease law commercial, sublease, duty to mitigate damages, anticipatory repudiation)
AFFIRM TC JUDGMENT: Opinion by
Chief Justice Radack  
Before Chief Justice Radack, Justices Keyes and Higley
01-06-00821-CV Randall's Food and Drugs, L.P. v. Bill Patton d/b/a Linux Professional Group
Appeal from Civil County Court at Law No 4 of Harris County
Trial Court Judge:
Hon. Roberta A. Lloyd  

DISMISS APPEAL: Per Curiam (dismissed, case settled)
Before Justices Taft, Alcala and Hanks
01-06-01107-CV State of Texas v. MNC Retail/Service Center LLC, Clear Channel Outdoor, Inc.
Appeal from County Civil Court at Law No 1 of Harris County
Trial Court Judge: Hon. Jack Cagle  

DISMISS APPEAL: Per Curiam  (joint motion to dismiss, settlement
Before Justices Nuchia, Jennings and Keyes
01-07-00530-CV Mitchell Electric Company, Inc. v. Michael Hession
Appeal from 165th District Court of Harris County
Trial Court Judge: Hon. Elizabeth Ray  

DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam  
(mandamus re grant of special appearance denied)
Before Justices Nuchia, Jennings and Keyes
01-07-00600-CV In re Mitchell Electric Company, Inc.
Appeal from 165th District Court of Harris County
Trial Court Judge: Hon. Elizabeth Ray  

DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam  (mandamus denied)
Before Chief Justice Radack, Justices Keyes and Higley
01-08-00515-CV In Re General Metal Fabricating Corp., GMF Leasing, Inc., and Arnold Curry
Appeal from 133rd District Court of Harris County
The Honorable Lamar McCorkle presiding

DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam  
(mandamus re: motion
for non-recognition of foreign judgment denied)
Before Justices Taft, Jennings and Bland
01-08-00555-CV In re NV Masureel Veredeling
Appeal from 133rd District Court of Harris County
Trial court judge:
Hon. McCorkle  

Criminal Causes Decided:

AFFIRM TC JUDGMENT: Opinion by Justice Hanks  
Before Justices Nuchia, Alcala and Hanks
01-07-00443-CR Pedro Angel Sierra v. The State of Texas
Appeal from 184th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Jennings  
Before Justices Taft, Jennings and Bland
01-07-00686-CR Precious Lamont Howard v. The State of Texas
Appeal from 268th District Court of Fort Bend County

AFFIRM TC JUDGMENT: Opinion by Justice Jennings
Before Justices Taft, Jennings and Bland
01-07-00687-CR Precious Lamont Howard v. The State of Texas
Appeal from 268th District Court of Fort Bend County

AFFIRM TC JUDGMENT: Opinion by Justice Jennings  
Before Justices Taft, Jennings and Blan
01-07-00688-CR Precious Lamont Howard v. The State of Texas
Appeal from 268th District Court of Fort Bend County

August 20, 2008

Civil Causes Decided:
None  

Criminal Causes Decided:

DISMISS APPEAL: Per Curiam
Before Justices Nuchia, Alcala and Hanks
01-07-00564-CR Victor Oraldo Pena Morua v. The State of Texas
Appeal from 230th District Court of Harris County

DISMISS APPEAL: Per Curiam  
Before Justices Taft, Jennings and Bland)
01-08-00125-CR Juan William Stanfield v. The State of Texas
Appeal from 248th District Court of Harris County

DISMISS APPEAL: Per Curiam  
Before Justices Taft, Jennings and Bland
01-08-00571-CR Andre Brown v. The State of Texas
Appeal from 163rd District Court of Orange County

DISMISS APPEAL: Per Curiam  
Before Justices Taft, Jennings and Bland
01-08-00611-CR Danyel D Dunn v. The State of Texas
Appeal from 174th District Court of Harris County

DISMISS APPEAL: Per Curiam  
Before Justices Taft, Jennings and Bland
01-08-00612-CR Danyel D Dunn v. The State of Texas
Appeal from 174th District Court of Harris County

DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam  
Before Justices Taft, Jennings and Bland
01-08-00630-CR In re Vance Johnson v. The State of Texas
Appeal from 184th District Court of Harris County

DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam  
Before Justices Taft, Jennings and Bland
01-08-00655-CR In re Albert Ortiz v. The State of Texas
Appeal from 351st District Court of Harris County

DENY PETITION FOR WRIT OF HABEAS CORPUS: Per Curiam  
Before Justices Taft, Jennings and Higley
01-08-00685-CR In re Charles Ukanwa Ojo v. The State of Texas
Appeal from County Court at Law No 1 of Fort Bend County

DENY PETITION FOR WRIT OF HABEAS CORPUS: Per Curiam  
Before Justices Taft, Jennings and Bland
01-08-00694-CR In re Herman R. Diaz v. The State of Texas
Appeal from Co Crim Ct at Law No 5 of Harris County

August 19, 2008

Civil Causes Decided:

DISMISS APPEAL: Per Curiam  (dismissal for failure to pay fees)
Before Justices Jennings, Keyes and Hanks
01-08-00379-CV JoAnn Bryan v. Kemper Auto and Home Insubrogee and Joseph Sheldon
Appeal from
County Civil Court at Law No 3 of Harris County

Criminal Causes Decided:

DISMISS APPEAL: Per Curiam  
Before Justices Taft, Alcala and Hanks
01-08-00061-CR Jayson Brent Dickinson v. The State of Texas
Appeal from 400th District Court of Ft. Bend County

DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam  
Before Justices Taft, Alcala and Hanks
01-08-00633-CR In re Kenneth W. McKinney v. The State of Texas
Appeal from 185th District Court of Harris County

August 15, 2008

Civil Causes Decided:

DISMISS APPEAL: Per Curiam  
Before Justices Jennings, Keyes and Higley
01-05-00177-CV Abbas Yazdchi, Habibollah Yazdchi, and Ahmad Yazdchi v. Ted L. Walker, Tammy Tran, and
Pete Mai--Appeal from
County Civil Court at Law No 4 of Harris County  

DISMISS APPEAL: Per Curiam
Before Justices Jennings, Keyes and Higley
01-07-00705-CV Tred Holdings L.P. d/b/a Investor Lending Services v. The Leviathan Enterprises Group
Inc.--Appeal from Co Ct at Law No 4 & Probate of Brazoria County

DISMISS APPEAL: Per Curiam  
Before Justices Taft, Keyes and Higley
01-07-00872-CV Maria Concepcion Patino Villega v. Department of Family and Protective Services
Appeal from 313th District Court of Harris County

DISMISS APPEAL: Per Curiam  
Before Justices Taft, Keyes and Higley
01-07-00953-CV In the Interest of E.B.S.
Appeal from 313th District Court of Harris County

DISMISS APPEAL: Per Curiam  
Before Justices Jennings, Keyes and Bland
01-07-01006-CV Arnoldo Solis Gutierrez v. Raul Alejandro Rodriguez
Appeal from 133rd District Court of Harris County

DISMISS APPEAL: Per Curiam  
Before Justices Jennings, Keyes and Bland
01-08-00215-CV Debbie Richardson and John E. Maher v. Custom Corporates, Inc. and Theresa Wood
Appeal from 10th District Court of Galveston County

DISMISS APPEAL: Per Curiam  
Before Justices Taft, Keyes and Higley
01-08-00525-CV In the Interest of A.M.J.S
Appeal from 257th District Court of Harris County

Criminal Causes Decided:

DISMISS APPEAL: Per Curiam
Before Chief Justice Radack, Justices Keyes and Higley
01-08-00501-CR Michelle Dione Hale v. The State of Texas
Appeal from Co Crim Ct at Law No 6 of Harris County

DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Chief Justice Radack, Justices Keyes and Higley
01-08-00634-CR In re Revat R. Vara v. The State of Texas
Appeal from 208th District Court of Harris County

August 14, 2008

Civil Causes Decided:

Burris and Wheelchair & Scooter Express, LLC v. Metro of Harris County (Tex.App.- Houston [1st Dist.] Aug. 14,
2008)(Keyes) (
inverse condemnation case, taking, ingress easement, no material and substantial impairment of
access to store) (court concludes, as a matter of law, that the impairment of access at issue in case does not
rise to the level of material and substantial and therefore appellants' claims are not compensable.)
AFFIRM TC JUDGMENT: Opinion by
Justice Evelyn Keyes  
Before Justices Taft, Keyes and Alcala
01-06-00981-CV James R. Burris and Wheelchair & Scooter Express, L.L.C. v. Metropolitan Transit Authority
Appeal from County Civil Court at Law No 1 of Harris County
Trial Court
Judge: Hon. Jack Cagle  

Thompson v. Myrow (Tex.App.- Houston [1st Dist.] Aug 14, 2008)(Keyes)
(
probate case, finality of order, no interlocutory jurisdiction, DWOJ)
DISMISS APPEAL: Opinion by Justice Keyes  
Before Chief Justice Radack, Justices Keyes and Higley
01-07-00125-CV Marjorie Thompson and George Thompson v. David Myrow
Appeal from
Probate Court No 3 of Harris County
Trial Court Judge: Hon. Rory R. Olsen  

DISMISS APPEAL: Opinion by Justice Keyes  
Before Chief Justice Radack, Justices Keyes and Alcala
01-07-00369-CV Lakota Resources, Inc. v. Pathex Petroleum, Inc., Oneok Energy Services Company, LP
Appeal from 164th District Court of Harris County

Lakota Resources, Inc v. Pathex Petroleum, Inc. (Tex.App.- Houston [1st Dist.] Aug. 14, 2008)(Keyes)
(post judgment garnishment proceeding,
no interlocutory appeal permitted, DWOJ)
DISMISS APPEAL: Opinion by Justice Keyes  
Before Chief Justice Radack, Justices Keyes and Alcala
01-07-00537-CV Lakota Resources, Inc. v. Pathex Petroleum, Inc., Oneok Energy Services Company, LP  
Appeal from 164th District Court of Harris County
Trial Court
Judge: Hon. Martha Hill Jamison  

Tran v. Poe (Tex.App. - Houston [1st Dist.] Aug. 14, 2008)(per curiam)
(untimely notice of appeal)
DISMISS APPEAL: Per Curiam
Before Chief Justice Radack, Justices Keyes and Higley
01-07-00656-CV Anh Viet Tran v. Ted Poe and Charles A. Rosenthal, Jr.
Appeal from
334th District Court of Harris County

Garrett v. Harris County Hospital District (Tex.App.- Houston [1st Dist.] Aug. 14, 2008)(Bland)
(
TTCA, HCLC, discovery rule does not apply to notice requirement under Texas Tort Claims Act, no tolling)
AFFIRM TC JUDGMENT: Opinion by
Justice Jane Bland  
Before Justices Taft, Jennings and Bland
01-07-00836-CV Autrey Garrett, Individually and as next Friend of Jasmine, Devin and Shanae Garrett, Minor
Children v. Harris County Hospital District
Appeal from 152nd District Court of Harris County
Trial Court
Judge: Hon. Kenneth P. Wise

Benefield v. State of Texas (Tex.App.- Houston [1st Dist.] Aug. 14, 2008)(Bland)
(quo warranto proceeding, receivership, interlocutory appeal,
orders granting a temporary injunction and
order appointing receiver reversed)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice
Jane Nenninger Bland  
Before Justices Taft, Jennings and Bland
01-07-00970-CV Nancy Benefield, Nancy S. McNulty, Naomi Morales, Robert Seton, Ruthie Parker, Susan
Berkley, Gloria Reeves, Shirley Buelow and Angela Breedlove v. The State of Texas on Relation of the Alvin
community Health Endeavor, Inc. and Brazoria County, Texas
Appeal from 239th District Court of Brazoria County

ODL Services, Inc. v. Conoco Phillips Co. (Tex.App.- Houston [1st Dist.] Aug. 14, 2008)(Taft)
(
arbitration, whether FAA applies, arbitrability, motion to stay arbitration, challenge to findings of fact)
AFFIRM TC JUDGMENT: Opinion by
Justice Tim Taft  
Before Justices Taft, Jennings and Bland
01-08-00020-CV ODL Services , Inc. v. Conoco Phillips Company
Appeal from 295th District Court of Harris County
Trial Court
Judge: Hon. Tracy Christopher  

ODL Services, Inc. v. Conoco Phillips Co. (Tex.App.- Houston [1st Dist.] Aug. 14, 2008)(Taft)
(
arbitration mandamus denied) (see companion interlocutory appeal disposed of in same opinion)
DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Taft
Before Justices Taft, Jennings and Bland
01-08-00039-CV In re ODL Services, Inc.
Appeal from
295th District Court of Harris County

DISMISS APPEAL: Per Curiam  
Before Justices Taft, Jennings and Bland
01-08-00196-CV Ann T. Garrett v. Country Club Estates, Inc., Bernice Bryan, Mike Cooper, Carlton A. Getty,
Jimmy Hayley, Ralph E. Holm, Donald Lera, Merrit Lockwood, Robert Lundy, Carlos Price, William T. Spillar,
Grace Thomas, Dixie Walker, Jr. and Matthew C. Wilson
Appeal from 405th District Court of Galveston County

Criminal Causes Decided:

AFFIRM TC JUDGMENT: Opinion by Justice Taft  
Before Justices Taft, Keyes and Alcala
01-06-00520-CR Warren Keith Randle II v. The State of Texas
Appeal from 184th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Taft  
Before Justices Taft, Keyes and Alcala
01-06-00856-CR Devrick Dwain Hubbard v. The State of Texas
Appeal from 174th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Taft  
Before Justices Taft, Keyes and Alcala
01-06-00857-CR Devrick Dwain Hubbard v. The State of Texas
Appeal from 174th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Taft  
Before Justices Taft and Bland, The Honorable Hudson
01-07-00739-CR Mario Alberto Hernandez v. The State of Texas
Appeal from 179th District Court of Harris County

REVERSE TRIAL COURT JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Bland  
Before Justices Taft, Jennings and Bland
01-07-00800-CR Ronald Robinson v. The State of Texas
Appeal from 209th District Court of Harris County

August 13, 2008

Civil Causes Decided:

DISMISS APPEAL: Per Curiam  
Before Chief Justice Radack, Justices Keyes and Higley
01-07-00189-CV Abbas Yazdchi v. San Antonio Credit Union
Appeal from
281st District Court of Harris County

DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam  
Before Justices Nuchia, Alcala and Hanks
01-08-00554-CV In re Daphne Scarbrough
Appeal from
215th District Court of Harris County


Criminal Causes Decided:

August 12, 2008

Civil Causes Decided:

In re Stephanie Ann Bourg (Tex.App.- Houston [1st Dist.] Aug. 12, 2008)(Jennings)
(
criminal contempt of court, family court judge's capias order found void in its entirety, habeas corpus relief
granted) GRANT PETITION FOR WRIT OF HABEAS CORPUS: Opinion by Justice Terry Jennings  
Before Chief Justice Radack, Justices Jennings and Bland
01-08-00618-CV In re Stephanie Ann Bourg
Appeal from 245th District Court of Harris County
Trial Court
Judge: Hon. Annette Kuntz  

Criminal Causes Decided:

August 7, 2008

Civil Causes Decided:

DISMISS APPEAL: Per Curiam  (failure to file brief)
Before Justices Nuchia, Alcala and Hanks
01-07-00402-CV Bettye Dickson Hall v. Hudson & Keyse, LLC
Appeal from
County Civil Court at Law No 4 of Harris County

DISMISS APPEAL: Per Curiam  (joint motion to dismiss)
Before Chief Justice Radack, Justices Keyes and Higley
01-07-00581-CV FSP Park Ten Limited Partnership as the Property Owners and the Property Owners v. The
Appraisal Review Board of Harris County Appraisal District | Appeal from
189th District Court of Harris County

In re Robert E. Duff (Tex.App.- Houston [1st Dist.] Aug. 7, 2008)(mandamus in family law case denied)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Justices Taft, Keyes and Alcala
01-08-00080-CV In Re Robert E. Duff
Appeal from 312th District Court of Harris County (visiting judge)

DISMISS APPEAL: Per Curiam  (nonpayment of fees)
Before Justices Taft, Jennings and Bland
01-08-00294-CV Regina E. Johnson v. Randall Jackson
Appeal from
245th District Court of Harris County

DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam (mandamus denied)
Before Justices Taft, Jennings and Bland
01-08-00322-CV In re Edward R. Newsome v. The State of Texas
Appeal from of County

DISMISS APPEAL: Per Curiam  (nonpayment of fees)
Before Justices Taft, Keyes and Bland
01-08-00339-CV Charleston Singeltary v. Brookbend Apartments
Appeal from
County Civil Court at Law No 1 of Harris County

DISMISS APPEAL: Per Curiam (nonpayment of fees)
Before Justices Nuchia, Alcala and Hanks
01-08-00342-CV Chauncey Middleton v. State of Texas
Appeal from
55th District Court of Harris County

DISMISS APPEAL: Per Curiam  (nonpayment of fees)
Before Justices Taft, Keyes and Bland
01-08-00358-CV John P & Colleen Q Kotts as the Property Owners and the Property Owners v. Harris County
Appraisal District and the Appraisal Review Board of Harris County Appraisal District
Appeal from
190th District Court of Harris County

DISMISS APPEAL: Per Curiam  (nonpayment of fees)
Before Justices Taft, Keyes and Bland
01-08-00383-CV Momentum EMS Inc v. Signad, LTD
Appeal from
County Civil Court at Law No 2 of Harris County

DISMISS APPEAL: Per Curiam (unopposed motion to dismiss)
Before Justices Taft, Keyes and Bland
01-08-00482-CV Suhas Wagal v. John Novotny, Inc. d/b/a Novotny & Company
Appeal from
County Civil Court at Law No 4 of Harris County

Criminal Causes Decided:

DISMISS APPEAL: Per Curiam  
Before Justices Taft, Jennings and Bland
01-07-00403-CR Larry Charles Davis v. The State of Texas
Appeal from 228th District Court of Harris County

DISMISS APPEAL: Per Curiam  
Before Justices Nuchia, Alcala and Hanks
01-07-00713-CR Marcus Marquis Pruitt v. The State of Texas
Appeal from 180th District Court of Harris County

DISMISS APPEAL: Per Curiam  
Before Justices Nuchia, Alcala and Hanks
01-07-00714-CR Marcus Marquis Pruitt v. The State of Texas
Appeal from 180th District Court of Harris County

DISMISS APPEAL: Per Curiam
Before Justices Nuchia, Alcala and Hanks
01-07-00715-CR Marcus Marquis Pruitt v. The State of Texas
Appeal from 180th District Court of Harris County

DISMISS APPEAL: Per Curiam
Before Chief Justice Radack, Justices Keyes and Higley
01-07-00719-CR Johnny F Ortega v. The State of Texas
Appeal from 184th District Court of Harris County

AFFIRM TC JUDGMENT: Per Curiam  
Before Justices Nuchia, Hanks and Higley
01-07-00804-CR Tanya Cook v. The State of Texas
Appeal from 149th District Court of Brazoria County

AFFIRM TC JUDGMENT: Opinion by Justice Bland
Before Justices Taft, Jennings and Bland
01-07-00995-CR Sedrick Ramore La Vigne v. The State of Texas
Appeal from 180th District Court of Harris County

DISMISS APPEAL: Per Curiam  
Before Chief Justice Radack, Justices Keyes and Higley
01-08-00422-CR Theresa Renee Williams v. The State of Texas
Appeal from 262nd District Court of Harris County

AFFIRM TC JUDGMENT: Per Curiam  
Before Justices Nuchia, Hanks and Higley
01-08-00526-CR Tanya Cook v. The State of Texas
Appeal from 149th District Court of Brazoria County

August 2008 Oral Argument and
Submission Calendar

Causes Set for Submission on Oral
Argument

SET FOR SUBMISSION ON ORAL ARGUMENT ON
8/26/2008 AT 1:30 PM
(Before Justices Taft, Jennings and Bland)

01-08-00476-CV  In re Ardyce Hutson, Jeanne C.
Poisson, Jesse Reddick, Doylon Washington, and
Gregory Hunter  Harris County (11th DC Hon. Davidson)

SET FOR SUBMISSION ON ORAL ARGUMENT ON
9/23/2008 AT 10:30 AM
(Before Judge Wilson, Justices Keyes and Higley)

01-07-00899-CV  Sally Liu v. Department of Family and
Protective Services  Harris County
Trial Court: 315th District Court  
Trial Court Judge: Hon. Michael H. Schneider Jr.  

Causes Set for Submission on Briefs

SET FOR SUBMISSION ON BRIEFS ON 8/12/2008
(Before Justices Taft and Bland, The Honorable
Hudson)

01-07-00739-CR  Mario Alberto Hernandez v. The State
of Texas  Harris County


SET FOR SUBMISSION ON BRIEFS ON 8/15/2008
(Before Justices Nuchia, Alcala and Hanks)

01-07-01019-CR  Marcus Jackson v. The State of
Texas  Harris County


SET FOR SUBMISSION ON BRIEFS ON 8/19/2008
(Before Chief Justice Radack, Justice Taft, The
Honorable Hudson)

01-05-00784-CR  Raymond Earl Vinson v. The State of
Texas  Harris County

01-05-00785-CR  Raymond Earl Vinson v. The State of
Texas  Harris County


SET FOR SUBMISSION ON BRIEFS ON 8/19/2008
(Before Chief Justice Radack, Justices Keyes and
Higley)

01-06-00576-CR  Manuel Victoria v. The State of Texas
 Harris County


SET FOR SUBMISSION ON BRIEFS ON 8/21/2008
(Before Justices Taft, Jennings and Bland)

01-08-00219-CR  Anthony James Watson v. The State
of Texas  Harris County

01-08-00220-CR  Anthony James Watson v. The State
of Texas  Harris County


SET FOR SUBMISSION ON BRIEFS ON 8/26/2008
(Before Chief Justice Radack, Justices Keyes and
Higley)

01-06-00932-CR  James Patrick Faulk v. The State of
Texas  Harris County


SET FOR SUBMISSION ON BRIEFS ON 8/28/2008
(Before Chief Justice Radack, Justices Keyes and
Higley)

01-06-01081-CR  Damian Reginald Blow v. The State
of Texas  Harris County

01-06-01082-CR  Damian Reginald Blow v. The State
of Texas  Harris County

01-06-01083-CR  Damian Reginald Blow v. The State
of Texas  Harris County
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