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August 2009 Decisions and Opinion Release Dates: August 4, 6, 7, 13, 14, 20, 21, 27, 28, 31, 2009 AUG. '09 CIVIL CASE TABLE Cases Decided and Released Opinions August 31, 2009 Civil Causes Decided: Dixon Financial Services,Ltd. v. Erin Oil Exploration, Inc. (Tex.App.- Houston [1st Dist.] Aug. 31, 2009)(Higley) REVERSE TRIAL COURT JUDGMENT AND REMAND CASE TO TRIAL COURT FOR FURTHER PROCEEDINGS: Opinion by Justice Higley Before Justices Jennings, Keyes and Higley 01-07-00233-CV Dixon Financial Services, Ltd.,Hyperdynamics Corporation v. ERIN OIL EXPLORATION, INC. BILL KNOLLENBERG, RON BEARDEN, R.F. BEARDEN ASSOCIATES, INC.; JAMES CHANG, NICK H. JOHNSON, RILEY L. BURNETT, JR.; JOHNSON, BURNETT & CHANG, L.L.P.; GREENBERG, PEDEN, SIEGMYER & OSHMAN, P.C.; AND GERALD SIEGMYER Appeal from 215th District Court of Harris County Dissenting Opinion by Justice Keyes in Dixon Financial Services, Ltd.,Hyperdynamics Corporation v. ERIN OIL EXPLORATION, INC. et al Dissenting Opinion by Justice Jennings in Dixon Financial Services, Ltd.,Hyperdynamics Corporation v. ERIN OIL EXPLORATION, INC. et al APPEAL DISMISSED 8/31: Per Curiam Before Justices Keyes, Alcala and Higley 01-08-00023-CV Donald Wayne Hull v. Ella Martin and Adolph Salazar Appeal from County Civil Court at Law No 4 of Harris County APPEAL DISMISSED 8/31: Per Curiam Before Justices Alcala, Higley and Bland 01-09-00066-CV Family Care DayCare, Inc. d/b/a Early Impressions Child Development Center v. Department of Family and Protective Services Appeal from 164th District Court of Harris County APPEAL DISMISSED 8/31: Per Curiam Before Justices Keyes, Alcala and Higley 01-09-00306-CV Emmerick Jacob v. HSBC Bank Appeal from County Civil Court at Law No 2 of Harris County APPEAL DISMISSED 8/31: Per Curiam Before Justices Jennings, Keyes and Higley 01-09-00366-CV Approximately $6,801.00 v. State of Texas Appeal from 333rd District Court of Harris County APPEAL DISMISSED 8/31: Per Curiam Before Justices Keyes, Hanks and Higley 01-09-00430-CV Donnie Myrle Mcgehee v. Deborah Jean Mcgehee Appeal from 308th District Court of Harris County DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Alcala and Massengale 01-09-00623-CV In re Carolyn Calkins James Appeal from 61st District Court of Harris County Criminal Causes Decided: AFFIRM TRIAL COURT JUDGMENT: Per Curiam Before Justices Jennings, Alcala and Higley 01-08-00159-CR Marian Bolly Folarin v. The State of Texas Appeal from 240th District Court of Fort Bend County AFFIRM TRIAL COURT JUDGMENT: Per Curiam Before Justices Jennings, Alcala and Higley 01-08-00569-CR Casey Dee Joseph v. The State of Texas Appeal from 252nd District Court of Jefferson County APPEAL DISMISSED 8/31: Per Curiam Before Justices Jennings, Higley and Bland 01-08-00624-CR Dereje Woldegiorgise v. The State of Texas Appeal from 230th District Court of Harris County APPEAL DISMISSED 8/31: Per Curiam Before Justices Alcala, Bland and Massengale 01-09-00193-CR Gerald Hayes v. The State of Texas Appeal from 351st District Court of Harris County APPEAL DISMISSED 8/31: Per Curiam Before Chief Justice Radack, Justices Bland and Massengale 01-09-00354-CR Shinikka Washington v. The State of Texas Appeal from 174th District Court of Harris County APPEAL DISMISSED 8/31: Per Curiam Before Justices Keyes, Hanks and Bland 01-09-00599-CR Sherman Dwayne Waller a/k/a Sherman Dwayne Walker v. The State of Texas Appeal from 185th District Court of Harris County DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Taft and Sharp 01-09-00609-CR In re Robert Flores Appeal from 248th District Court of Harris County August 28, 2009 Civil Causes Decided: Alcala Concurrence in Denial of En Banc Review in Macy v. Waste Management, Inc. (Tex.App.- Houston [1st Dist.] Aug. 28, 2009) (Concurrence with denial of en banc reconsideration by Justice Alcala) (proper designation of opinions issues by the court) OPINION CONCURRING WITH THIS COURT'S JUDGMENT: Concurring Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Hanks 01-07-00276-CV Griffin Macy v. Waste Management, Inc. Appeal from 157th District Court of Harris County Trial Court Judge: The Honorable Randall Wilson Macy v. Waste Management, Inc. (Tex.App.- Houston [1st Dist.] Aug. 28, 2009)(Dissent by Jennings) OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Jennings Before Chief Justice Radack, Justices Alcala and Hanks 01-07-00276-CV Griffin Macy v. Waste Management, Inc. Appeal from 157th District Court of Harris County Brannan v. Estate of Brannan (Tex. App.- Houston [1st Dist.] Aug. 28, 2009)(Open Beaches Act) AFFIRM TC JUDGMENT: Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00179-CV Angela Mae Brannan, Individually and as Independent Executrix of the Estate of Bob Albert Brannan, Deceased, et al v. The State of Texas, et al Appeal from 239th District Court of Brazoria County DISMISS APPEAL: Per Curiam Before Justices Higley, Sharp and Massengale 01-09-00068-CV Denise Holodnak, R.N.; Michelle Ruiz, R.N.; and Woman's Hospital of Texas v. Jaymie Cooper and Jeremy Cooper, as Next Friends of Marissa Cooper, a Minor Appeal from 152nd District Court of Harris County Trial Court Judge: Hon. Robert Schaffer DISMISS APPEAL: Per Curiam Before Justices Higley, Sharp and Massengale 01-09-00374-CV Denise Holodnak, R. N.; Michelle Ruiz, R.N.; and Woman's Hospital of Texas v. Jeremy Cooper and Jaymie Cooper Appeal from 152nd District Court of Harris County Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Hanks and Bland 01-08-00205-CR Lamar Dunta Perkins v. The State of Texas Appeal from 262nd District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Bland 01-08-00722-CR Esteban Garza v. The State of Texas Appeal from 338th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Bland 01-09-00559-CR David Cleo Richard v. The State of Texas Appeal from 232nd District Court of Harris County August 27, 2009 Civil Causes Decided: Sheppard v. Interbay Funding, LLC (Tex.App.- Houston [1st Dist.] Aug. 27, 2009)(Jennings) (real estate transactions, deeds, refinancing, declaratory judgment lien priority status, equitable subrogation) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings and Bland, The Honorable Hudson 01-07-00935-CV Leonard Sheppard, Jr., Trustee v. Interbay Funding, LLC Appeal from 400th District Court of Ft. Bend County Trial Court Judge: Hon Clifford J. Vacek Air Products & Chemicals Inc. v. Odfjell Seachem (Tex.App.- Houston [1st Dist.] Aug. 27, 2009)(Jennings) (jury charge error claim overruled, harmful error analysis, what is negligence per se claim, amending pleadings) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Keyes and Higley 01-08-00591-CV Air Products & Chemicals Inc. v. Odfjell Seachem A/S, Odfjell Asia Pte. Ltd., and Odfjell Singapore Pte., Ltd Appeal from 61st District Court of Harris County Trial Court Judge: Hon. John Donovan Jones v. City of Houston (Tex.App.- Houston [1st Dist.] Aug. 27, 2009)(Jennings) (TTCA, drowning death of child, uncovered culvert, siblings' bystander claim rejected) ("we hold that the City's summary judgment evidence established as a matter of law that the Jones siblings could not recover as bystanders for any mental anguish and emotional trauma caused by their brother's drowning. Thus, we further hold that the trial court did not err in granting the City summary judgment on the bystander claims of the Jones siblings.") (TTCA, drowning death of child, uncovered culvert, siblings' bystander claim for wrongful death of brother rejected, drowning deaths) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Alcala and Higley 01-08-00905-CV Landon Jones and Loren Jones v. City of Houston Appeal from 215th District Court of Harris County Trial Court Judge: Hon. Levi J. Benton Dissenting Opinion by Justice Alcala in Jones v. City of Houston APPEAL DISMISSED 8/27: Per Curiam Before Chief Justice Radack, Justices Sharp and Massengale 01-08-00995-CV Farley J. Manes v. Theresa Walker Manes Appeal from 312th District Court of Harris County APPEAL DISMISSED 8/27: Per Curiam Before Justices Jennings, Alcala and Higley 01-09-00123-CV Kori Delcourt Celano v. Department of Family and Protective Services Appeal from 314th District Court of Harris County APPEAL DISMISSED 8/27: Per Curiam Before Chief Justice Radack, Justices Sharp and Massengale 01-09-00153-CV Bethel Enterprises of Texas, LTD, A Limited Partnership, a/k/a and d/b/a Bethel Enterprises of Texas; and Bethel Enterprises, LLC, a Limited Liability Company, as General Partner v. Mediterranean Shipping Company (USA Inc. Appeal from County Civil Court at Law No 1 of Harris County APPEAL DISMISSED 8/27: Per Curiam Before Chief Justice Radack, Justices Sharp and Massengale 01-09-00185-CV Anitra Adams v. Chasewood Community Improvement Association Appeal from 240th District Court of Fort Bend County DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Higley 01-09-00243-CV Laryan Lewis v. John Delmas Smith Appeal from 312th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Bland 01-09-00395-CV In The interest of M.B.P. A Child Appeal from 308th District Court of Harris County APPEAL DISMISSED 8/27: Per Curiam Before Chief Justice Radack, Justices Sharp and Massengale 01-09-00614-CV Scott Covington, Individually and d/b/a/ The Piano Movers v. AT&T Advertising, L.P. Appeal from County Civil Court at Law No 1 of Harris County APPEAL DISMISSED 8/27: Per Curiam Before Justices Jennings, Alcala and Higley 01-09-00616-CV James Zarychta v. John Worldpeace Appeal from 157th District Court of Harris County DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Alcala and Higley 01-09-00727-CV In Re Kristofer Kastner Appeal from 189th District Court of Harris County Criminal Causes Decided: Blackman v. State of Texas (Tex.App.- Houston [1st Dist.] Aug. 27, 2009)(Jennings) ("A jury found appellant, James Blackman, guilty of the offense of possession of a controlled substance, namely cocaine, with intent to deliver (1) and assessed his punishment at confinement for thirty years. In three points of error, appellant contends that the evidence is legally and factually insufficient to support his conviction and that the trial court erred in (2) denying his Batson challenge. ... we hold that the evidence is legally insufficient to support appellant's conviction of the offense of possession of a controlled substance. We reverse and render.") REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Keyes and Higley 01-08-00138-CR James Blackman v. The State of Texas Appeal from 230th District Court of Harris County Dissenting Opinion by Justice Keyes (“I respectfully dissent. I would hold that the evidence was legally and factually sufficient to establish affirmative links showing that appellant exercised "care, custody, control or management" over the cocaine at issue in this case. (1) Therefore, I would overrule appellant's first issue rather than reversing and rendering judgment acquitting him.”) APPEAL DISMISSED 8/27: Per Curiam Before Justices Jennings, Alcala and Higley 01-09-00606-CR Billy Ray Risley v. The State of Texas Appeal from 232nd District Court of Harris County August 21, 2009 Civil Causes Decided: Gallagher Healthcare Ins. Service, Inc. v. Vogelsang (Tex.App.- Houston [1st Dist.] Aug. 21, 2009)(Keyes) (enforceability of covenant-not-to-compete provision in employment agreement; noncompete held enforceable) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Evelyn Keyes Before Justices Jennings, Keyes and Higley 01-07-00478-CV Gallagher Healthcare Insurance Services, Inc. v. Page M. Vogelsang, Michelle Friede, Patti Philippone, Trisha Birdsong, and Lockton Companies, Inc. Appeal from 133rd District Court of Harris County Trial Court Judge: Hon. Lamar McCorkle Dissenting Opinion by Justice Jennings in Gallagher Healthcare Insurance Services, Inc. v. Vogelsang Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Bland and Sharp) 01-07-00690-CR Michael Mbugua v. The State of Texas Appeal from 339th District Court of Harris County OPINION CONCURRING WITH THIS COURT'S JUDGMENT: Concurring Opinion by Justice Sharp ("I am compelled to concur in the decision of the Court and write separately to express my concern over the conduct of the police, trial counsel, and the State in this case.") Before Justices Taft, Bland and Sharp) 01-07-00690-CR Michael Mbugua v. The State of Texas Appeal from 339th District Court of Harris County August 20, 2009 Civil Causes Decided: Moss v. Waste Management National Services, Inc. (Tex.App.- Houston [1st Dist] Aug. 20, 2009)(Bland) (work site injury, premises liability, direct negligence, right to control issue as predicate for liability for worker's injury, jury instructions) AFFIRM TC JUDGMENT: Opinion by Justice Jane Bland Before Justices Jennings, Hanks and Bland 01-07-01106-CV Kenneth W. Moss and Michelle Moss v. Waste Management National Services, Inc. Appeal from 125th District Court of Harris County Trial Court Judge: Hon. John Coselli Dissent by Justice Jennings in Moss v. Waste Management National Services, Inc. (Tex.App.- Houston [1st Dist] Aug. 20, 2009)(Jennings) ("I would hold that the trial court erred in submitting the question to the jury predicating Waste Management's liability to Moss on its right to control Rustin's work. Because it is fundamental to our system of justice that parties have the right to be judged by a jury properly instructed in the law and the trial court's error probably caused the rendition of a harmful judgment, I would remand the case to the trial court for a new trial. See Tex. R. App. P. 44.1(a)(1); Crown Life Ins. Co. v. Casteel, 22 S.W.3d 378, 388 (Tex. 2000). The majority's holding and judgment to the contrary is in error. Accordingly, I respectfully dissent.") See --> other Houston appellate cases with dissent (or concurring opinion) DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Bland 01-08-00008-CV The Interfinancial Corporation v. Simon Jacobson, in his capacity as Executor of the Estate of Marcel Degraye, Deceased Appeal from 215th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Higley and Sharp 01-08-00886-CV John F. Connell v. Steven Wayne Frontiera Appeal from 387th District Court of Fort Bend County DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Bland 01-08-00916-CV Lejo Enterprises, LLC v. Edison P. Liang Appeal from 61st District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Higley and Sharp 01-09-00154-CV Michael Easton and Peter J. Riga v. Commission for Lawyer Discipline Appeal from 151st District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Bland 01-09-00182-CV The Crew's Family v. The City of Houston Appeal from County Civil Court at Law No 4 of Harris County DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Bland 01-09-00309-CV Janice L. Little v. Smart Financial Appeal from County Civil Court at Law No 1 of Harris County In re Elliott (Tex.App.- Houston [1st Dist] Aug. 20, 2009) (no appellate jurisdiction to issue mandamus against JP court judge) DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Hanks, Higley and Massengale 01-09-00713-CV In re Michael W. Elliott [Docket says] Appeal from County Court [sic] of Harris County Trial Court Judge: Hon David M. Patronella [Harris County JP Court 1-2] In Re Elliott (Tex.App.- Houston [1st Dist.] Aug. 20, 2009)(per curiam) (court of appeals has no authority to issue writ of mandamus against Justice of the Peace) DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Hanks, Higley and Massengale 01-09-00714-CV In re Micheal W. Elliott Appeal from County Court [?] of Harris County Trial court judge: David Patronella [Harris County Justice of the Peace Precinct 1, Place 2] Criminal Causes Decided: AFFIRM TC JUDGMENT: Per Curiam Before Justices Keyes, Hanks and Bland 01-08-00407-CR John Lee Lawson v. The State of Texas Appeal from County Court at Law No 1 of Fort Bend County AFFIRM TC JUDGMENT: Opinion by Justice Bland Before 01-08-00517-CR Pete Marin III v. The State of Texas Appeal from 268th District Court of Fort Bend County DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Higley 01-09-00525-CR Andrew O. Campbell v. The State of Texas Appeal from 176th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Higley 01-09-00633-CR Nick Vela v. The State of Texas Appeal from 182nd District Court of Harris County August 14, 2009 Civil Causes Decided: Wilson v. Davis (Tex.App. - Houston [1st Dist.] Aug. 14, 2009)(Taft) (wrongful death DWI, intoxicated driver, theories of corporate liability for deadly car wreck caused by intoxicated individual, respondeat superior, course and scope of employment, piercing corporate veil, alter ego theory, and others) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Taft Before Justices Taft, Keyes and Alcala 01-06-00424-CV Rhonda Wilson and Thomas Stevenson, et al. v. Sam Davis, Amalgam Western, et al Appeal from Probate Court No 1 of Harris County Criminal Causes Decided: DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Taft and Sharp 01-09-00533-CR In re Corey D. Campbell Appeal from 230th District Court of Harris County DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Taft and Sharp 01-09-00575-CR In re Corey D. Campbell Appeal from 230th District Court of Harris County August 13, 2009 Civil Causes Decided: DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Sharp and Massengale 01-06-00938-CV Kenneth R. Havis, Trustee for the Bankruptcy Estate of James L. Miller, II, and James Miller v. Merck & Co., Inc. Appeal from 157th District Court of Harris County Shipley Brothers, Ltd v. Republic National Bank (Tex.App.- Houston [1st Dist.] Aug. 13, 2009)(Jennings) (Subst. Op. by Jennings)(judgment vacated and case remanded regardless of merits pursuant to settlement agreement) SET ASIDE TC JUDGMENT AND REMAND CASE TO TC FOR RENDITION OF JUDGMENT IN ACCORDANCE WITH PARTIES' AGREEMENT: Opinion by Justice Jennings Before Judge Wilson, Justices Jennings and Bland 01-07-00911-CV Shipley Brothers, Ltd., Shipley Brothers, Inc., Lone Star Investments, Kenneth Shipley and Calvin Junek, Jr. v. Republic National Bank and Robert F. Larson Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Hon. Roberta A. Lloyd DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Higley 01-08-00755-CV Xavier Hernandez Barocio v. The State of Texas Appeal from 133rd District Court of Harris County SET ASIDE TC JUDGMENT AND REMAND CASE TO TC FOR RENDITION OF JUDGMENT IN ACCORDANCE WITH PARTIES' AGREEMENT: Per Curiam Before Justices Jennings, Alcala and Higley 01-08-00982-CV Scott Bader, Inc. and National Pigments & Chemical, Inc. v. Sandstone Products, Inc. Appeal from 127th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Higley 01-08-01028-CV JCS Holdings, L.L.C., Joe's Crab Shack Holdings, Inc., Joe's Crab Shack-Texas, Inc., and Crab Addison, Inc. v. Landry's Resturaunt, Inc., and LSRI Holdings, Inc. and Richard Ervin Appeal from 55th District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Sharp and Massengale 01-09-00181-CV Kenneth E. McDonald v. LVNV Funding Appeal from County Civil Court at Law No 2 of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Higley 01-09-00184-CV Goodcrane Corporation v. Oceaneering International, Inc. Appeal from 125th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Higley 01-09-00313-CV Alyson Cox v. National Credit Acceptance, Inc. Appeal from 270th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Higley 01-09-00314-CV Lisa Michelle Allen v. Department of Family and Protective Services Appeal from 315th District Court of Harris County Criminal Causes Decided: OPINION CONCURRING WITH THIS COURT'S JUDGMENT: Concurring Opinion by Justice Keyes ("I would hold that a warrantless arrest was justified under article 14.04 of the Criminal Code.") Before Justices Jennings, Keyes and Higley 01-08-00424-CR Alberto Contreras v. The State of Texas Appeal from 179th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Keyes and Higley 01-08-00424-CR Alberto Contreras v. The State of Texas Appeal from 179th District Court of Harris County August 11, 2009 Civil Causes Decided: DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Hanks and Bland 01-09-00574-CV In re Gregory Morris Appeal from 269th District Court of Harris County Criminal Causes Decided: None August 7, 2009 Civil Causes Decided: Criminal Causes Decided: DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Taft, Bland and Sharp 01-09-00612-CR In re Howard G. Green Appeal from 180th District Court of Harris County Released Opinions August 6, 2009 Civil Causes Decided: DISMISS APPEAL: Per Curiam Before Justices Jennings, Keyes and Higley 01-07-00851-CV John Lentworth v. Texas Department of Criminal Justice, et al Appeal from 412th Judicial District Court of Brazoria County DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Higley 01-08-00069-CV C. Joel Van Over, as Next Friend of Donald Evans v. Global Delivery Service, LLC and Dennis Gill Appeal from 10th District Court of Galveston County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Sharp 01-08-00213-CV Rapid Settlements, Ltd. v. John Lassiter, American Mayflower Life Insurance Company n/k/a Genworth Life Insurance Company of New York and Mayflower Assignment Corporation Appeal from Co Civil Ct at Law No 3 of Harris County Kurtzemann v. TDPS (Tex.App.- Houston [1st Dist.] Aug. 6, 2009)(Radack) (attempted challenge to driver's license suspension; failure to pursue and exhaust administrative remedies dooms judicial review suit) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Taft and Sharp 01-08-00543-CV David Kurtzemann v. Texas Department of Public Safety Appeal from County Civil Ct at Law No 1 of Harris County Trial Court Judge: Hon. R. Jack Cagle DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Sharp 01-08-01034-CV James C. Plummer, Individually and James C. Plummer, P.C. v. Whitney National Bank Appeal from 334th District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Sharp 01-09-00487-CV University of Texas Health Science Center Houston and Dr. Brent King v. Isaac Grate Appeal from 164th District Court of Harris County DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Hanks and Bland 01-09-00636-CV In re Metropolitan Life Insurance and Metlife Group, Inc. Appeal from 189th District Court of Harris County DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Keyes and Bland 01-09-00638-CV In re Maverick Tube, LP: Maverick Tube Corporation: Trigon Tubulars Incorporated; and Tenaris Global Services (U.S.A Corporation) Appeal from 151st District Court of Harris County DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Jennings and Massengale 01-09-00689-CV In re Starburst Financial Group, Inc. Appeal from 55th District Court of Harris County Criminal Causes Decided: DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Bland 01-08-00661-CR Richard Keith Williams v. The State of Texas Appeal from 232nd District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Taft and Sharp 01-08-00990-CR Travis Shane Mccray v. The State of Texas Appeal from Co Crim Ct at Law No 12 of Harris County DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Bland 01-09-00009-CR The State of Texas v. Laszlo Gyenes Appeal from County Court at Law No 1 of Fort Bend County AFFIRM TC JUDGMENT: Per Curiam Before Chief Justice Radack, Justices Taft and Sharp 01-09-00053-CR Cody Lemont St. Junius v. The State of Texas Appeal from 182nd District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Higley 01-09-00596-CR Lester Erwin Carroll v. The State of Texas Appeal from 262nd District Court of Harris County August 4, 2009 Civil Cases: In re Coffer (Tex.App.- Houston [1st Dist.] Aug. 4, 2009)(Sharp) (habeas corpus, mother held in contempt for nonpayment of child support) DENY PETITION FOR WRIT OF HABEAS CORPUS: Opinion by Justice Sharp Before Justice Sharp 01-08-00666-CV In re Alicia M. Coffer Appeal from 312th District Court of Harris County Trial court judge: David Farr | Robert Hinojosa Relator, Alicia M. Coffer, requests habeas corpus relief from three court orders: (1) "Order Revoking Suspension and For Commitment to County Jail," signed by the trial court on July 31, 2008, (2) "Order Holding Respondent in Contempt For Failure to Pay Child Support, Granting Judgment, and For Commitment to County Jail," signed by the trial court on August 1, 2008, and (3) "Order Holding Respondent in Contempt For Failure to Pay Child Support, Granting Judgment, and For Commitment to County Jail, and Order Revoking Suspension and for Commitment to County Jail," signed on February 3, 2009. We set aside and vacate the July 31, 2008 and August 1, 2008 orders and deny habeas corpus relief as to the February 3, 2009 order. Regarding the February 3, 2009 order, we strike from it the void portions and deny habeas corpus relief regarding the balance of the order. Criminal Causes Decided: None this day [except the above contempt case, which was docketed as civil] |
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