August 2009 Cases Decided by the First Court of Appeals | Houston, TX
(Tex. App.- Houston [1st Dist.] 2009)
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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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