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

June 5, 9, 11, 12, 13, 19. 20, 26, 27, 30 2008

June 2008 CIVIL CASE TABLE

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

June 30, 2008

Civil Causes Decided:

In re Walker (Tex.App.- Houston [1st Dist.] June 30, 2008)(per curiam denial of mandamus)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Justices Taft, Jennings and Bland
01-08-00347-CV        In re Kristal Timish Walker a/k/a Kristal Timisha Walker
Appeal from 314th District Court of Harris County
Trial Court Judge: Hon. John Phillips

In re Walker (Tex.App.- Houston [1st Dist.] June 30, 2008)(Jennings)
(
termination of parental rights, mandamus against denial of motion to dismiss suit after dismissal deadline had passed)
GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by
Justice Jennings
Before Justices Taft, Jennings and Bland
01-08-00348-CV        In re Kristal Timish Walker a/k/a Kristal Timisha Walker
Appeal from 314th District Court of Harris County
Trial Court Judge: Hon. John Phillips
Dissenting Opinion by Justice Keyes (issued July 1, 2008)

June 26, 2008

Civil Causes Decided:

Guillot v. Guillot (Tex.App.- Houston [1st Dist.] June 26, 2008)(Alcala)
(
child custody appeal, supervised visitation, spousal support, findings of facts and conclusions of law)
(
child custody appeal, supervised visitation, spousal support, domestic violence finding relevant)
AFFIRM TC JUDGMENT: Opinion by
Justice Alcala  

Before Justices Nuchia, Alcala and Hanks
01-06-01039-CV     Stuart Guillot v. Debra Guillot
Appeal from 387th District Court of Fort Bend County
Trial Court Judge: Hon. Robert J. Kern

AFFIRM TC JUDGMENT: Opinion by
Justice Alcala  
Before Justices Nuchia, Alcala and Hanks
01-06-01039-CV        Stuart Guillot v. Debra Guillot
Appeal from 387th District Court of Fort Bend County
Trial Court Judge: Hon. Robert J. Kern

In Re Bison Building Materials (Tex.App.- Houston [1st dist.] June 26, 2008)(Radack) (opinion in pdf)
(
arbitration mandamus, employment, workplace injury, no waiver of right to arbitrate found)
GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by
Chief Justice Radack  
Before Chief Justice Radack, Justices Alcala and Bland
01-07-00003-CV        In re Bison Building Materials, Ltd.
Appeal from 212th District Court of Galveston County
Trial Court
Judge: Hon. Susan Elizabeth Criss
DISMISS APPEAL: Opinion by Chief Justice Radack  
Before Chief Justice Radack, Justices Alcala and Bland
01-07-00029-CV        
Bison Building Materials, Ltd. v. Tracy Sambrano
Appeal from 212th District Court of Galveston County

Alexander v. DFPS (Tex.App.- Houston [1st Dist.] June 26, 2008) (subst. opinion by Hanks)
(
termination of parental rights)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER JUDGMENT:
Opinion by Justice Hanks  
Before Justices Taft, Hanks and Higley
01-07-00160-CV  Paul Alexander and Shde Hurst v. Department of Family and Protective Services
Appeal from 314th District Court of Harris County
Trial Court Judge: Hon. John Phillips

Karen McCright v. Rodriguez (Tex.App.- Houston [1st Dist.] June 26, 2008)(Jennings)
(
real estate law, property dispute, foreclosure, deed)
AFFIRM TC JUDGMENT: Opinion by
Justice Jennings  
Before Chief Justice Radack, Justices Jennings and Bland)
01-07-00480-CV        Karen McCright v. Josh Rodriguez and Emmett Sterling Huff
Appeal from 125th District Court of Harris County
Trial Court
Judge: Hon. John Coselli  

DISMISS APPEAL: Per Curiam  
Before Justices Taft, Jennings and Bland
01-07-00519-CV        James Carr Freeman v. Karen Blomstrom
Appeal from Probate Court No 1 of Harris County

Evans v. TDCJ-ID (Tex.App.- Houston [1st Dist.] June 26, 2008)(Bland)
(
PI sovereign immunity governmental immunity)
AFFIRM TC JUDGMENT: Opinion by Justice Bland  
Before Justices Taft, Jennings and Bland
01-07-00847-CV        Michael Anthony Evans v. Texas Department of Criminal Justice-Institutional Division
Appeal from 405th District Court of Galveston County
Trial Court Judge:  Hon. Wayne J. Mallia

In re Tam Pamela Tran (Tex.App. - Housotn [1st Dist.] June 26, 2008)(per curiam)
(habeas corpus petition dismissed based on settlement)
DISMISS PETITION FOR WRIT OF HABEAS CORPUS: Per Curiam  
Before Justices Nuchia, Alcala and Hanks
01-08-00054-CV        In re Tam Pamela Tran
Appeal from 245th District Court of Harris County
Trial Court
Judge: Hon. Annette Kuntz

J.C. v. State (Tex.App.- Houston [1st Dist.] June 26, 2008)(Nuchia)
(involuntary mental health civil commitment, medication reversed)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Nuchia  
Before Justices Nuchia, Alcala and Hanks
01-08-00113-CV        J.C. v. The State of Texas
01-08-00112-CV        J.C. v. The State of Texas
Appeal from Probate Court of Galveston County
Trial Court Judge: Hon. Gladys B. Burwell

Merritt, MD v. Williamson (Tex.App.  - Houston [1st Dist.] June 26, 2008)(Hanks)
(
HCLC, ILA, remanded for trial court to determine whether to grant 30-day extension for expert report)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks  
Before Justices Nuchia, Alcala and Hanks
01-08-00293-CV        Dorothy Merritt, M.D., William Warner, M.D., and Gary Horndeski, M.D. v. Alvin G. Williamson
Appeal from 10th District Court of Galveston County
Trial Court Judge: Hon. David E. Garner

Criminal Causes Decided:

AFFIRM TC JUDGMENT: Opinion by Judge Wilson  
(Before Judge Wilson, Justices Nuchia and Hanks)
01-06-01028-CR        Quinston Gamble v. The State of Texas--Appeal from 10th District Court of Galveston County

AFFIRM TC JUDGMENT: Opinion by Justice Alcala  
(Before Justices Nuchia, Alcala and Hanks)
01-07-00130-CR        Cecilia Leigh Edwards v. The State of Texas--Appeal from Co Crim Ct at Law No 14 of Harris
County

AFFIRM TC JUDGMENT: Opinion by Justice Hanks  
(Before Justices Nuchia, Hanks and Higley)
01-07-00178-CR        Gary Wayne Weaver v. The State of Texas--Appeal from 182nd District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Higley  
(Before Chief Justice Radack, Justices Keyes and Higley)
01-07-00445-CR        Reginald A. Glenn v. The State of Texas--Appeal from 177th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Taft  
(Before Justices Taft, Jennings and Bland)
01-07-00510-CR        Ricki Alan Everson v. The State of Texas--Appeal from 180th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Higley  
(Before Chief Justice Radack, Justices Keyes and Higley)
01-07-00663-CR        Tae-Sun Yun v. The State of Texas--Appeal from 176th District Court of Harris County

REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Bland  
(Before Justices Taft, Jennings and Bland)
01-07-00679-CR        Edmond Brian Frank v. The State of Texas--Appeal from 405th District Court of Galveston County

DISMISS APPEAL: Opinion by Justice Hanks  
(Before Justices Nuchia, Alcala and Hanks)
01-07-00723-CR        Keith Anthony Payton v. The State of Texas--Appeal from 230th District Court of Harris County

DISMISS APPEAL: Per Curiam  
(Before Justices Nuchia, Alcala and Hanks)
01-08-00177-CR        Cleveland Von Dennis v. The State of Texas--Appeal from 10th District Court of Galveston
County

DISMISS APPEAL: Per Curiam  
(Before Justices Nuchia, Alcala and Hanks)
01-08-00182-CR        Cleveland Von Dennis v. The State of Texas--Appeal from 10th District Court of Galveston
County

DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam  
(Before Justices Taft, Jennings and Bland)
01-08-00448-CR        In re Vance Johnson--Appeal from of County


Released Opinions

June 19, 2008

Civil Causes Decided:

Jack v. Holiday World of Houston (Tex.App.- Houston [1st Dist.] June 19, 2008)(Taft) (DTPA, motor home purchase,
mistrial,
improper comments in presence of jury, Batson challenge)
AFFIRM TC JUDGMENT: Opinion by Justice Taft  
Before Justices Taft, Keyes and Alcala
01-06-00816-CV Herbert L. Jack v. Holiday World of Houston, Forest River, Inc., Bank of America, N.A.
Appeal from 281st District Court of Harris County
Trial Court
Judge: Hon. David J. Bernal

TDPS v. Varme (Tex.App.- Houston [1st Dist.] June 19, 2008)(Radack) (drivers' license suspension)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Alcala and Higley
01-06-00874-CV Texas Department of Public Safety v. Byron Kahrs Varme
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court
Judge: Hon. Gary Michael Block  

Woofter, MD v. Benitez (Tex.App.- Houston [1st Dist.] June 19, 2008)(Nuchia) (HCLC, expert report, probate court)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Nuchia  
Before Justices Nuchia, Hanks and Bland
01-06-01123-CV Aaron Lee Woofter, M.D.; Danny Chu, M.D.; Jonathan Charles Daniel, M.D.; and Fred Milton Sutton,
Jr., M.D. v. Molly Benitez, Individually and as Representative of the Estate of Andrea Jimenez Islam, Deceased, and
Kazi M. Islam--Appeal from Probate Court No 1 of Harris County
Trial Court Judge: Hon. Russell Austin

Schwartz v. The Insurance Company of the State of Pennsylvania (Tex.App.- Houston [1st Dist.] June 19, 2008)(Hanks)
(
health insurance coverage denial, delay in approval)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks  
Before Justices Nuchia, Hanks and Higley
01-07-00193-CV Rosa Schwartz v. The Insurance Company of The State of Pennsylvania, Gallagher Bassett Services,
Inc., and Belinda Ybarra
Appeal from 295th District Court of Harris County
Trial Court
Judge: Hon. Tracy Christopher  

Coleman v. Revak (Tex.App.- Houston [1st Dist.] June 19, 2008)(Hanks) (employment at will)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
Before Justices Nuchia, Alcala and Hanks
01-07-00438-CV Stanley Russell Coleman v. Lynn A. Revak, Revak Turbomachinery Services, Inc., Revak Enterprises,
Inc., L-Mart International Corporation, Revak Controls Corporation, Turbo Storage Service Company, and Revak
Energy, Inc.--Appeal from 11th District Court of Harris County
Trial Court
Judge: Hon. Mark Davidson  

Supkis v. Madison Place Homeowners Ass'n (Tex.App.- Houston [1st Dist.] June 19, 2008)(Radack)
(
homeowner's law, rule against perpetuities not violated)  
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Jennings and Bland
01-07-00573-CV James L. Supkis v. Madison Place Homeowners Association, Inc.
Appeal from 133rd District Court of Harris County
Trial Court
Judge: Hon. Lamar McCorkle  

Poledore v. Fraley (Tex.App.- Houston [1st Dist.] June 19, 2008)(Radack)
(
TTCA, prisoner suit against appointed attorney for malpractice, NE-SJ reversed)  
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Chief Justice
Radack
Before Chief Justice Radack, Justices Keyes and Hanks
01-07-00583-CV Dennis James Poledore, Jr. v. Frank J. Fraley
Appeal from 268th District Court of Fort Bend County
Trial Court Judge: Hon. Brady G. Elliott  

Smith v. DFPS (Tex.App.- Houston [1st Dist.] June 19, 2008)(Higley) (termination of parental rights - drugs)
AFFIRM TC JUDGMENT: Opinion by Justice Higley  
Before Chief Justice Radack, Justices Keyes and Higley
01-07-00648-CV Earl Clarence Smith aka Clarence Earl Smith v. Department of Family and Protective Services
Appeal from 314th District Court of Harris County
Trial Court Judge: Hon. John Phillips

In re Johnson (Tex.App.- Houston [1st Dist.] June 19, 2008)(per curiam) (no appellate writ power over JP)
DISMISS PETITION FOR WRIT OF INJUNCTION: Per Curiam  
Before Justices Taft, Nuchia and Higley
01-08-00489-CV In re George Johnson
Appeal from JUSTICE OF PEACE, PRECINCT 7 of Callahan County

Criminal Causes Decided:

AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack  
(Before Chief Justice Radack, Justices Keyes and Higley
01-05-00718-CR Randall Anthony Garcia v. The State of Texas
Appeal from 183rd District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Bland  
(Before Justices Taft, Jennings and Bland)
01-06-00948-CR Dennis James Poledore, Jr. v. The State of Texas
Appeal from 240th District Court of Fort Bend County

AFFIRM TC JUDGMENT: Opinion by Justice Bland  
(Before Justices Taft, Jennings and Bland)
01-06-00998-CR Dennis James Poledore, Jr. v. The State of Texas
Appeal from 240th District Court of Fort Bend County

AFFIRM TC JUDGMENT: Opinion by Justice Bland  
(Before Justices Taft, Jennings and Bland)
01-06-00999-CR Dennis James Poledore, Jr. v. The State of Texas
Appeal from 240th District Court of Fort Bend County

AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
(Before Chief Justice Radack, Justices Jennings and Bland)
01-07-00154-CR Ernest L. Naquin v. The State of Texas
Appeal from 185th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Nuchia  
(Before Justices Nuchia, Hanks and Higley)
01-07-00263-CR Hector Deleon Montes v. The State of Texas
Appeal from 177th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
(Before Chief Justice Radack, Justices Keyes and Higley)
01-07-00293-CR Edward Johnson v. The State of Texas
Appeal from 263rd District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack  
(Before Chief Justice Radack, Justices Keyes and Higley)
01-07-00294-CR Edward Johnson v. The State of Texas
Appeal from 263rd District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack  
(Before Chief Justice Radack, Justices Keyes and Higley)
01-07-00343-CR Rafeal Martinez v. The State of Texas
Appeal from 228th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Bland  
(Before Chief Justice Radack, Justices Jennings and Bland)
01-07-00352-CR Felipe Alberto Perez v. The State of Texas
Appeal from 10th District Court of Galveston County

DISMISS APPEAL: Per Curiam  
(Before Justices Taft, Jennings and Bland)
01-07-00547-CR Roy Lee, Jr. v. The State of Texas
Appeal from 174th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Nuchia  
(Before Justices Nuchia, Alcala and Hanks)
01-07-00668-CR Ramsey Trevino v. The State of Texas
Appeal from 262nd District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Hanks
(Before Justices Nuchia, Alcala and Hanks)
01-07-00737-CR Ricky Lee Kaluza v. The State of Texas
Appeal from 10th District Court of Galveston County

AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack  
(Before Chief Justice Radack, Justices Keyes and Higley)
01-07-00744-CR Michael Joseph Smyth v. The State of Texas
Appeal from 300th District Court of Brazoria County

AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack  
(Before Chief Justice Radack, Justices Keyes and Higley)
01-07-00865-CR Lee Darian Scott v. The State of Texas
Appeal from 178th District Court of Harris County

DISMISS APPEAL: Per Curiam  
(Before Justices Taft, Jennings and Bland)
01-08-00246-CR Quincy Deshan Butler v. The State of Texas
Appeal from 240th District Court of Fort Bend County

June 13, 2008

Civil Causes Decided:

Criminal Causes Decided:

In re Coleman (Tex. App.- Houston [1st Dist.] June 13, 2008)(per curiam)
(motion to set aside indictment, mandamus denied, petition deficient)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam  
Before Justices Nuchia, Alcala and Hanks
01-08-00447-CR In re Lawron Coleman--Appeal from of County

June 12, 2008

Civil Causes Decided:

Marcum v. Marcum (Tex.App.- Houston [1st Dist.] June 12, 2008)(Alcala)
(
divorce case, property division, alter ego, piercing corporate veil, jury selection, peremptory challenges)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala  
Before Justices Nuchia, Alcala and Hanks
01-04-01062-CV        Kenneth Ray Marcum v. Darlene J. Marcum
Appeal from 245th District Court of Harris County
Trial Court
Judge: Hon. Annette Galik

Stephens v. City of Houston (Tex.App.- Houston [1st Dist.] June 12, 2008)(Keyes)
(
City of Houston litigation, UDJA claims stemming from termination of city employment moot, no standing)
DISMISS APPEAL: Opinion by Justice Keyes  
Before Justices Taft, Keyes and Alcala
01-06-00851-CV        Bartholomew U. Stephens v. City of Houston, et als
Appeal from 270th District Court of Harris County
Trial Court
Judge: Hon. Brent Gamble  

Smith v. DFPS (Tex.App.- Houston [1st dist.] June 12, 2008)(per curiam)
(termination case, grant of motion for new trial moots appeal,
record transferred to subsequent appeal from final judgment)
DISMISS APPEAL: Per Curiam  
Before Chief Justice Radack, Justices Keyes and Higley
01-07-00112-CV        Earl Clarence Smith aka Clarence Earl Smith v. Department of Family and Protective Services
Appeal from 314th District Court of Harris County
Trial Court Judge: Hon. John Phillips

Canales v. Womack (Tex.App.- Houston [1st Dist.] June 12, 2008)(Hanks)
(
auto accident, collision, right of way, negligence, jury trial)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks  
Before Justices Nuchia, Hanks and Bland
01-07-00222-CV        Autumn M. Canales v. Kevin H. Womack
Appeal from 333rd District Court of Harris County
Trial Court
Judge: Hon. Tracy Christopher

Lumpkin v. DFPS (Tex.App.- Houston [1st Dist.] June 12, 2008)(Higley)
(
termination of parental rights, drugs, frivolous appeal)
AFFIRM TC JUDGMENT: Opinion by Justice Higley  
Before Chief Justice Radack, Justices Keyes and Higley
01-07-00560-CV    01-07-00561-CV      01-07-00706-CV
Derrick Lumpkin, Sr. and Geneva Herrera v.
Department of Family and Protective Services
Appeal from 257th District Court of Harris County
Trial Court
Judge: The Honorable Judy L. Warne

In re Jeanie Nolle (Tex.App.- Houston [1st Dist.] Jun 12, 2008)(Keyes)
(
discovery mandamus granted in part)
GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Keyes  
Before Justices Taft, Keyes and Alcala
01-07-01065-CV        In re Jeanie Nolle and Technical Solutions, Inc.
Appeal from 113th District Court of Harris County
Trial Court
Judge: Hon. Patricia Hancock

DISMISS APPEAL: Per Curiam  
Before Chief Justice Radack, Justices Keyes and Higley
01-08-00041-CV        S.I.R. Enterprises, Inc. d/b/a Roberts Carpet & Fine Floors v. Uptown Melodies d/b/a Sky Bar
Appeal from
County Civil Court at Law No 3 of Harris County

DISMISS APPEAL: Per Curiam  
Before Justices Nuchia, Alcala and Hanks
01-08-00095-CV        Rayford Thomas, Jr. v. Los Prados Apartments and Dolly Garza
Appeal from
269th District Court of Harris County

DISMISS APPEAL: Per Curiam  
Before Justices Taft, Jennings and Bland
01-08-00131-CV        Jacob Johanson v. Dustin Montana McRay and Vickie Lynn Jones McRay, as Personal
Representative of The Estate of Daniel Vurtis McRay
Appeal from
212th District Court of Galveston County

DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam  
Before Justices Nuchia, Alcala and Hanks
01-08-00395-CV        In re Appara Jan Ganesan
Appeal from 12th District Court of Grimes County

DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam  
Before Justices Nuchia, Alcala and Hanks
01-08-00403-CV        In re American States Insurance Company of Texas
Appeal from County Court at Law No 2 of Galveston County

DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam  
01-08-00429-CV        In re Marvin M. Tanzy--Appeal from of County

Also see --> Subsequent appeal from modified judgment awarding attorney's fees (Medina v. Benkiser II)(2009)    
Medina v. Benkiser I, 262 S.W.3d 25 (Tex.App.- Houston [1st Dist.] Jun 12, 2008, no pet.)
(
no injunction jurisdiction in county court in the absence of other claims over which court has jurisdiction,
election code violation alleged, no UDJA jurisdiction for declaratory relief either)
AFFIRM TC JUDGMENT: Opinion by
Justice Taft  
Before Justices Taft, Jennings and Bland
01-08-00474-CV  Debra Medina, et al v. Tina Benkiser, et al
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court Judge:
Hon. Roberta A. Lloyd    

Criminal Causes Decided:

DISMISS APPEAL: Opinion by Justice Keyes  
(Before Justices Taft, Keyes and Alcala)
01-06-00172-CR        The State of Texas v. Robert Aguilar
Appeal from 21st District Court of Washington County

AFFIRM TC JUDGMENT: Opinion by Justice Alcala  
(Before Justices Nuchia, Alcala and Hanks)
01-07-00070-CR        Adebayo O. Tijani v. The State of Texas
Appeal from 248th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Keyes  
(Before Justices Taft, Keyes and Alcala)
01-07-00177-CR        Charles Alpine v. The State of Texas
Appeal from 184th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Hanks  
(Before Justices Nuchia, Alcala and Hanks)
01-07-00422-CR        Kyle Edward Whatley v. The State of Texas
Appeal from 405th District Court of Galveston County

AFFIRM TC JUDGMENT: Opinion by Justice Alcala
(Before Justices Nuchia, Alcala and Hanks)
01-07-00664-CR        Donovan Robins v. The State of Texa
Appeal from 180th District Court of Harris County

June 11, 2008

Civil Causes Decided:

In re Tracey Wade Mock (Tex.App. - Houston [1st Dist.] June 11, 2008)(per curiam denial of venue mandamus)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam  
Before Chief Justice Radack, Justices Keyes and Higley
01-08-00360-CV        In re Tracey Wade Mock
Appeal from 328th District Court of Fort Bend County

June 9, 2008

Civil Causes Decided:

In Re Tina Benkiser, Republican Party of Texas (Tex.App.- Houston [1st Dist.] June 9, 2008) (Jennings)
(
election mandamus on eve of party convention denied b/c TRO set for contested hearing same day)
DENY PETITION FOR WRIT OF MANDAMUS: Opinion by
Justice Terry Jennings  
Before Justices Taft, Jennings and Bland
01-08-00451-CV In re Tina Benkiser, Chairman, Republican party of Texas, and The Republican Party of Texas
Appeal from County Civil Court at Law No 4 of Harris County
Trial court judge: Visiting Judge Tom Sullivan
Presiding judge:
Hon. Roberta Ann Lloyd (who was out of town at the time TRO was granted, but returned in time to
take up the matter same day court of appeals denied relief)

June 5, 2008

Civil Causes Decided:

Alpert v. Riley (Tex.App.- Houston [1st Dist.] June 5, 2008)(Bland)
(
probate law, trust administration dispute)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Bland
Before Chief Justice Radack, Justices Jennings and Bland
01-06-00605-CV Roman Alpert and Renee Picazo, Guardian of the Estate of Daniel Alpert, a Minor v. Mark Riley,
Robert Alpert
Appeal from Probate Court No 2 of Harris County
Trial Court Judge: Hon. Mike Wood  
Second appeal in same case: DISMISS APPEAL: Opinion by Justice Bland
Before Chief Justice Radack, Justices Jennings and Bland
01-06-00505-CV Robert Alpert & Beneficiaries, Roman Alpert and Renee Picazo, Guardian of the Estate of Daniel J.
Alpert v. Mark Riley, Trustee
Appeal from Probate Court No 2 of Harris County

L&L Crane Service, Inc. v. Continental Dredging, Inc. (Tex.App.- Houston [1st Dist.] June 5, 2008) (Nuchia) (commercial
dispute, storage fees, breach of contract, quantum meruit, conversion claim)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia  
Before Justices Nuchia, Hanks and Higley
01-07-00083-CV L&L Crane Service, Inc. v. Continental Dredging, Inc.
Appeal from 11th District Court of Harris County
Trial Court
Judge: Hon. Mark Davidson

DISMISS APPEAL: Per Curiam  
Before Justices Nuchia, Alcala and Hanks
01-07-00282-CV Houston Wrecker & Recovery and Rick Petre v. Ford Motor Credit Company
Appeal from County Civil Court at Law No 1 of Harris County

DISMISS APPEAL: Per Curiam  
Before Chief Justice Radack, Justices Keyes and Higley
01-07-00377-CV Carl Mayland Holder v. Terri Lee Brooks
Appeal from 245th District Court of Harris County

Eikenhorst MD v. Wellbrock (Tex.App.- Houston [1st Dist.] June 5, 2008)(Bland)
(
HCLC, expert report)(denial of motion to dismiss affirmed)
AFFIRM TC JUDGMENT: Opinion by Justice Bland  
Before Chief Justice Radack, Justices Jennings and Bland
01-07-00459-CV Ronald R. Eikenhorst, M.D. and Trinity Community Medical Center v. Leonard M. Wellbrock and Mary
Wellbrock
Appeal from 335th District Court of Washington County
Trial Court Judge: Hon. Reva L. Towslee Corbett

Zimmerman, MD v. Anaya (Tex.App.- Houston [1st Dist.] Mune 5, 2008)(Bland)
(
HCLC, interlocutory appeal not authorized, dismissed for want of appellate jurisdiction)
DISMISS APPEAL: Opinion by Justice Bland  
Before Chief Justice Radack, Justices Jennings and Bland
01-07-00570-CV Geoffrey Zimmerman, M.D. v. Wendy Gonzalez Anaya, Individually and a/n/f of Christopher Gabriel
Hernandez, Deceased, and Jose Hernandez, Individually
Appeal from 113th District Court of Harris County
Trial Court
Judge: Hon. Patricia Hancock  

DISMISS APPEAL: Per Curiam  
Before Justices Nuchia, Alcala and Hanks
01-07-00661-CV Ladipo Kolawole W. et al v. Coventry Estates Hai
Appeal from County Civil Court at Law No 1 of Harris County

Economic Air, S.A. de C. V. v. Jacobs (Tex.App.- Houston [1st Dist.] June 5, 2008)(Bland) (joint motion to dismiss)
DISMISS APPEAL: Opinion by Justice Bland
Before Chief Justice Radack, Justices Jennings and Bland
01-07-00905-CV Economic Air, S.A. de C.V. v. Anita Hall Jacobs
Appeal from 311th District Court of Harris County
Trial Court
Judge: Hon. Doug Warne  

DISMISS APPEAL: Per Curiam  
Before Justices Taft, Jennings and Bland
01-07-00938-CV Ramesh Kapur v. Cypress-Fairbank ISD
Appeal from 165th District Court of Harris County

DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam  
Before Chief Justice Radack, Justices Jennings and Bland
01-07-00976-CV In re Economic Air S.A. de C.V.
Appeal from 311th District Court of Harris County

DISMISS APPEAL: Per Curiam  
Before Justices Nuchia, Alcala and Hanks
01-08-00004-CV Texas Alcoholic Beverage Commission v. JR Sipple Ventures, Inc. d/b/a Slammers Night Club
Appeal from 133rd District Court of Harris County

Wang v. Tang (Tex.App.- Houston [1st Dist.] June 5, 2008)(Higley) (interlocutory appeal, media defendant, libel, no
malice) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Higley
Before Chief Justice Radack, Justices Keyes and Higley
01-08-00009-CV Jianguang Wang and Yellow Emperor Communications, Inc., d/b/a Houston Chinese Press v. David Y.
Tang
Appeal from 164th District Court of Harris County
Trial Court
Judge: Hon. Martha Hill Jamison  

DISMISS APPEAL: Per Curiam  
Before Justices Nuchia, Alcala and Hanks
01-08-00118-CV Harold Higgins and Joy of Running Ministries dba Joy Quality Builders v. TREY Holdings, L.P.
Appeal from 149th District Court of Brazoria County

DISMISS APPEAL: Per Curiam  
Before Justices Taft, Jennings and Bland
01-08-00162-CV In the Interest of Z.B.
Appeal from 310th District Court of Harris County

DISMISS APPEAL: Per Curiam  
Before Chief Justice Radack, Justices Keyes and Higley
01-08-00167-CV Maynard Greene and Millicent D. McNeal v. Resurgence Financial, L.L.C.
Appeal from County Court at Law No 1 of Fort Bend County

Criminal Causes Decided:

MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Nuchia  
(Before Justices Nuchia, Keyes and Bland)
01-04-00717-CR Elmer Robinson v. The State of Texas--Appeal from 248th District Court of Harris County

DISMISS APPEAL: Per Curiam
(Before Justices Nuchia, Alcala and Hanks)
01-05-00721-CR Wilson Martinez v. The State of Texas--Appeal from 174th District Court of Harris County

Wood v. State of Texas (Tex.App.- Houston [1st Dist.] June 5, 2008)(Nuchia) (DWI, ineffective assistance of counsel)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Nuchia  
Before Justices Nuchia, Keyes and Higley
01-06-00321-CR Peter R. Wood v. The State of Texas
Appeal from County Court at Law of Washington County
Dissenting Opinion by Justice Keyes    

AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
(Before Justices Nuchia, Hanks and Higley)
01-07-00062-CR Julio David Morales v. The State of Texas--Appeal from 338th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Nuchia  
(Before Justices Nuchia, Hanks and Higley)
01-07-00063-CR Julio David Morales v. The State of Texas--Appeal from 338th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Nuchia  
(Before Justices Nuchia, Hanks and Higley)
01-07-00064-CR Julio David Morales v. The State of Texas--Appeal from 338th District Court of Harris County

DISMISS APPEAL: Per Curiam
(Before Justices Taft, Jennings and Bland)
01-07-00236-CR Eric Dewayne Small v. The State of Texas--Appeal from 209th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Nuchia  
(Before Justices Nuchia, Hanks and Higley)
01-07-00263-CR Hector Deleon Montes v. The State of Texas--Appeal from 177th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Nuchia  
(Before Justices Nuchia, Hanks and Higley)
01-07-00292-CR Ricky Allen Daugherty v. The State of Texas--Appeal from 182nd District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Bland  
(Before Chief Justice Radack, Justices Jennings and Bland)
01-07-00339-CR Ysidro Rios Rivera v. The State of Texas--Appeal from 405th District Court of Galveston County

AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
(Before Justices Nuchia, Alcala and Hanks)
01-07-00384-CR Michael Ian Figart v. The State of Texas--Appeal from Co Crim Ct at Law No 2 of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Smith  
(Before Justices Keyes, Alcala and Smith)
01-07-00413-CR Matoya Latreece Sherman v. The State of Texas--Appeal from 263rd District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Bland  
(Before Chief Justice Radack, Justices Jennings and Bland)
01-07-00415-CR David Louis Aguilar v. The State of Texas--Appeal from 248th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
(Before Justices Nuchia, Hanks and Higley)
01-07-00472-CR Alvin Earl Murphy v. The State of Texas--Appeal from 185th District Court of Harris County

AFFIRM TC JUDGMENT: Per Curiam  
(Before Justices Nuchia, Alcala and Hanks)
01-07-00546-CR James Deaundre Douglas v. The State of Texas--Appeal from 339th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Bland
(Before Justices Taft, Jennings and Bland)
01-07-00741-CR Alexander Carenzo Carter v. The State of Texas--Appeal from 262nd District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Bland  
(Before Justices Taft, Jennings and Bland)
01-07-00861-CR Orlando Croublet v. The State of Texas--Appeal from 208th District Court of Harris County

DISMISS APPEAL: Per Curiam
(Before Justices Nuchia, Alcala and Hanks)
01-08-00269-CR The State of Texas v. Raymond Earl Smith, Jr.--Appeal from 66th District Court of Hill County
APPEALS COURT JUDGES
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