|
December 2009 Decisions and Opinion Release Dates: December 1, 3, 4, 7, 10, 11, 14, 17, 22, 23, 28, 30, 31, 2009 Released Opinions December 31, 2009 Civil Causes Decided: Wilstein v. Dernick Resources, Inc. (pdf) (Tex.App.- Houston [1st Dist.] Dec. 31, 2009)(Keyes) (limitations and fraudulent concealment, breach of fiduciary duty and fraud, public record, constructive notice) REVERSE TC JUDGMENT AND REMAND CASE TO TRIAL COURT FOR FURTHER PROCEEDINGS: Opinion by Justice Evelyn Keyes Before Justices Keyes, Alcala and Hanks 01-07-00491-CV David Wilstein, and Leonard Wilstein, Individually and as Trustee v. Dernick Resources, Inc., Appeal from 164th District Court of Harris County Trial Court Judge: Hon. Martha Hill Jamison Klentzman v. Brady (Tex.App.- Houston [1st Dist.] Dec. 31, 2009)(Taft)(defamation, media libel) (fault, falsity, and substantial truth in libel cases involving media defendants, non-actionable opinion, actual malice plaintiff's status as a limited purpose public figure) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Keyes and Alcala 01-07-00520-CV LeaAnne Klentzman and Carter Publications, Inc. d/b/a The West Fort Bend Star, Inc. v. Wade Brady Appeal from 240th District Court of Fort Bend County Trial Court Judge: Hon. Thomas R. Culver III Gordon v. Allen (pdf) (Tex.App.- Houston [1st Dist.] Dec. 31, 2009)(Keyes)(errors on appeal) “[A]n appellant must attack all independent bases or grounds that fully support a complained-of ruling or judgment.” Britton v. Tex. Dep’t of Crim. Justice, 95 S.W.3d 676, 681 (Tex. App.—Houston [1st Dist.] 2002, no pet.). If an appellant does not assign any error to an independent ground that, if meritorious, would fully support the complained-of ruling or judgment, we must accept the validity of that unchallenged independent ground and affirm the ruling or judgment. Id. at 680–81 (“This rule is based on the premise that an appellate court normally cannot alter an erroneous judgment in favor of an appellant in a civil case who does not challenge that error on appeal.”) (citing Walling v. Metcalfe, 863 S.W.2d 56, 58 (Tex. 1993)). Because Gordon did not attack other independent grounds that, if meritorious, would fully support the trial court’s rulings, we accept the validity of the unchallenged independent grounds. AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Alcala and Hanks 01-08-00435-CV Ronald X. Gordon v. Donald Allen, Marvin & Doris Bennett Appeal from 405th District Court of Galveston County Trial Court Judge: Hon. Wayne J. Mallia Brejon v. Johnson-Brejon (Tex.App.- Houston [1st Dist.] Dec. 31, 2009)(Massengale) (motion to modify child support, material and substantial change in circumstances, attorney's fees order void) AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Chief Justice Radack, Justices Bland and Massengale 01-08-00642-CV Phillipe J. Brejon v. Lia M. Johnson-Brejon Appeal from 310th District Court of Harris County Trial Court Judge: The Honorable Lisa Millard City of Houston v. Guthrie dba Freedom 2009 Fireworks (pdf) (Tex.App.- Houston [1st Dist.] Dec. 31, 2009) (Hanks)(accelerated interlocutory appeal pursuant to Section 51.014(a)(8) of the Texas Civil Practice and Remedies Code, filed by Appellants complain the trial court wrongly denied their pleas to the jurisdiction, ban the sale of fireworks outside the City's limits where the businesses and the real property are located) This is an accelerated interlocutory appeal pursuant to Section 51.014(a)(8) of the Texas Civil Practice and Remedies Code, filed by Appellants, The City of Houston, Texas ("the City"), Harris County Municipal Utility District 152 ("MUD 152"), and Harris County Municipal Utility District 157, and Harris County Municipal Utility 132 ("MUDs 157 and 132"). Appellants complain the trial court wrongly denied their pleas to the jurisdiction. Appellees Sarges Fireworks, Fireworks Center 50, LLC, and Freedom 2000 Fireworks ("Fireworks Operators") own and operate fireworks stands outside the City's limits. Appellees Metro Church and Gulf Coast Avenue C, LLC ("Property Owners"), (1) are the owners of the real property leased to these businesses. Fireworks Operators and Property Owners filed this suit challenging the City's and MUDs' use of certain strategic partnership agreements and the Houston City Fire Code to ban the sale of fireworks outside the City's limits where the businesses and the real property are located. We reverse, in part, and affirm, in part, the trial court's denial of the pleas to the jurisdiction. We remand this cause to the trial courts for proceedings consistent with this opinion. AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Judge Wilson, Justices Alcala and Hanks 01-08-00712-CV The City of Houston, Houston, Texas; Municipal Utility District 132; Municipal Utility District 157 and Municipal Utility District 152 v. Joel Guthrie d/b/a Sarges Fireworks, Fireworks Center 50, LLC, Paul Dewey Jones d/b/a Freedom 2000 Fireworks, Metro Church and Gulf Coast Avenue C, LLC Appeal from 269th District Court of Harris County Trial Court Judge: Hon. John T. Wooldridge Medina v. Benkiser (Tex.App.- Houston [1st Dist.] Dec. 31, 2009)(Hanks) (trial court had no jurisdiction on modify judgment and add attorney's fee award after appeal completed) VACATE TRIAL COUR JUDGMENT AND DISMISS CASE: Opinion by Justice Hanks Before Justices Keyes, Alcala and Hanks 01-08-00777-CV Debra Medina, Mallory Miller, Jr., Dustan Costine, Chad Creighton, Richard Wyatt and Kay Fisher v. Tina Benkiser and The Republican Party of Texas Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Hon. Roberta A. Lloyd Brejon v. Brejon (pdf) (Tex.App.- Houston [1st Dist.] Dec. 31, 2009)(Massengale) (modification of child support, attorney fee order void) MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Michael Massengale Before Chief Justice Radack, Justices Bland and Massengale 01-08-00897-CV Phillipe J. Brejon v. Lia M. Johnson Brejon Appeal from 310th District Court of Harris County Trial Court Judge: The Honorable Lisa Millard Mitchell v. The Methodist Hospital (Tex.App.- Houston [1st Dist.] Dec. 31, 2009)(Hanks) (medical malpractice suit, adequacy of expert report, attorney's fees in HCLC suit) (presumption of proper service, receipt of mail) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Keyes, Alcala and Hanks 01-08-00898-CV Chiquita Mitchell, Verazonda Mitchell, Dominque Mitchell, Aaron Mitchell, Samuel Mitchell, Frank Mitchell III, Carl Mitchell, Marie Ophelia, Theodore Mitchell & Johnation Mitchell v. The Methodist Hospital, Rose Young, Melissa Abbot, Denise M. Stuckey and Bernice Onyenuzi Appeal from 270th District Court of Harris County Trial Court Judge: Hon. Brent Gamble Davis v. West (Tex.App.- Houston [1st Dist.] Dec. 31, 2009)(Hanks)(derived judicial immunity) (turnover relief, void vs voidable order, existence of fiduciary duty, sufficiency of notice of summary judgment hearing) AFFIRM TC JUDGMENT: Opinion by Justice George C. Hanks Before Justices Keyes, Alcala and Hanks 01-08-01006-CV Veronica Davis v. James A. West, Henry V. Radoff, Houston Reporting Services & Prosperity Bank, Inc.. Appeal from 149th District Court of Brazoria County Trial Court Judge: Hon. Robert E. May Perez v. Fannie Mae (pdf) (Tex.App.- Houston [1st Dist.] Dec. 31, 2009)(per curiam dismissal) (failure to file brief) DISMISS APPEAL: Per Curiam Before Justices Keyes, Alcala and Hanks 01-08-01031-CV Erika Perez v. Fannie Mae Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: Hon. R. Jack Cagle Humphreys v. Delcourt (Tex.App.- Houston [1st Dist.] Dec. 31, 2009)(Higley) (legal malpractice suit) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Higley and Massengale 01-09-00025-CV Jahn Eric Humphreys v. Richard Delcourt Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Hon. Roberta A. Lloyd In re Gordon (pdf) (Tex.App.- Houston [1st Dist.] Dec. 31, 2009)(per curiam denial) By petition for writ of mandamus, prohibition, and injunction, relator seeks relief compelling the Texas Supreme Court to void and vacate its judgment rendered in Gordon v. Madison, 39 S.W.3d 604 (Tex. 2001). DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Alcala and Hanks 01-09-00577-CV In re Ronald X. Gordon Appeal from 212th District Court of Galveston County DISMISS APPEAL: Per Curiam Before Justices Jennings, Higley and Sharp 01-09-00592-CV Hung Tan Phan v. An Dinh Le; Tan Ming Cao; Thuy Dinh Truong Appeal from 125th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Higley and Sharp 01-09-00694-CV Aleithia Artemis v. Houston Fire Dept. Appeal from 133rd District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Higley 01-09-00735-CV William David Golden v. Janet Sue Golden Appeal from 245th District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Higley 01-09-00780-CV Mark Trimble v. Ranjeek Kaur Appeal from County Court of Chambers County Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Chief Justice Radack, Justices Bland and Massengale 01-06-00109-CR Milton Hill Greenland v. The State of Texas Appeal from 351st District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Chief Justice Radack, Justices Bland and Massengale 01-07-01123-CR John Lucero v. The State of Texas Appeal from 278th District Court of Grimes County REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Massengale Before Chief Justice Radack, Justices Bland and Massengale 01-08-00160-CR Michelle Yvette Johnlewis v. The State of Texas Appeal from County Court at Law No 1 of Fort Bend County MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Massengale Before Hon. Wilson, Justices Bland and Massengale 01-08-00279-CR Jonathan Rollins v. The State of Texas Appeal from 339th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Hon. Wilson, Justices Bland and Massengale 01-08-00299-CR Gary Lynn Biggers v. The State of Texas Appeal from 56th District Court of Galveston County AFFIRM TC JUDGMENT: Per Curiam Before Justices Jennings, Higley and Sharp 01-08-00419-CR Shaul Damon Carter v. The State of Texas Appeal from 174th District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam Before Justices Jennings, Higley and Sharp 01-08-00420-CR Shaul Damon Carter v. The State of Texas Appeal from 174th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Chief Justice Radack, Justices Bland and Massengale 01-08-00513-CR Dave Ward III v. The State of Texas Appeal from County Court at Law No 1 of Fort Bend County AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Chief Justice Radack, Justices Bland and Massengale 01-08-00613-CR Richard Nathaniel Cato v. The State of Texas Appeal from 405th District Court of Galveston County AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Justices Jennings, Higley and Sharp 01-08-00859-CR Marcus Allen Bolden v. The State of Texas Appeal from 337th District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam Before Justices Keyes, Alcala and Hanks 01-09-00222-CR Robert M. Freeman v. The State of Texas Appeal from 241st District Court of Smith County AFFIRM TC JUDGMENT: Per Curiam Before Justices Jennings, Higley and Sharp 01-09-00357-CR Calvin Jerod Henderson v. The State of Texas Appeal from 184th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Keyes, Alcala and Hanks 01-09-00897-CR Michael Rene Gonzalez v. The State of Texas Appeal from 228th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Keyes, Alcala and Hanks 01-09-00898-CR Michael Rene Gonzalez v. The State of Texas Appeal from 228th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Chief Justice Radack, Justices Bland and Massengale 01-09-00931-CR John Lucero v. The State of Texas Appeal from 278th District Court of Grimes County Released Opinions December 30, 2009 Civil Causes Decided: In re International Trading Co., Inc. (Tex.App.- Houston [1st Dist.] Dec. 30, 2009)(per curiam denial) (mandamus denied re: order denying motion to compel arbitration) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Higley and Sharp 01-09-01032-CV In re International Trading Co., Inc., d/b/a Met Company, Inc. Appeal from 190th District Court of Harris County Trial Court Judge: Hon. Patricia J. Kerrigan Criminal Causes Decided: DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Bland and Massengale 01-09-00932-CR In re Ronald Antione Reed Appeal from 209th District Court of Harris County DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Bland and Massengale 01-09-00933-CR In re Ronald Antione Reed Appeal from 209th District Court of Harris County Released Opinions December 28, 2009 Civil Causes Decided: Criminal Causes Decided: DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Alcala and Hanks 01-08-00931-CR In re Matthew James Leachman Appeal from 248th District Court of Harris County DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Alcala and Hanks 01-09-00966-CR In Re Ted Lawrence Robertson Appeal from 174th District Court of Harris County DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Alcala and Hanks 01-09-01010-CR In re General Carlos Harris Appeal from 230th District Court of Harris County December 23, 2009 Civil Causes Decided: In re Feinhandler (Tex.App.- Houston [1st Dist.] Dec. 23, 2009)(per curiam) (discovery mandamus re order to produce income tax returns denied) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Higley and Sharp 01-09-01100-CV In re Mark Feinhandler Appeal from 111th District Court of Webb County Trial Court Judge: Hon. Michael D. White Criminal Causes Decided: December 22, 2009 Civil Causes Decided: Brookshire Katy Drainage District v. The Lily Gardens, LLC (pdf) (Tex.App.- Houston [1st Dist.] Dec. 22, 2009) (Wilson, Davie)(interpretation of easements) This suit was instituted by the Brookshire Katy Drainage District (the "District"), a political subdivision of the state of Texas located in Waller County, against Lily Gardens, LLC. The District brought suit to obtain, among other things, a declaration that a bridge covering built by Lily Gardens upon a culvert within the District's drainage easement violates the District's easement rights, as well as applicable rules and regulations. The trial court granted Lily Gardens' motion for summary judgment and awarded attorneys' fees to Lily Gardens under the Declaratory Judgments Act. In two issues, the District contends the trial court erred in: (1) granting Lily Gardens' motion for summary judgment because the bridge covering encroaches on the District's easement rights and violates other rules and regulations; (2) awarding attorney's fees to Lily Gardens because Lily Gardens is not entitled to fees under the Declaratory Judgments Act. REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Judge Davie Wilson Before Chief Justice Radack, Judge Wilson, Justice Hanks 01-07-00431-CV Brookshire Katy Drainage District v. The Lily Gardens, LLC, Richard E. Fluecker and Kenneth B. Luedecke Appeal from 9th District Court of Waller County Trial Court Judge: Hon. Frederick Edwards Cantu v. McKinney (pdf) (Tex.App.- Houston [1st Dist.] Dec. 22, 2009)(Higley)(denial of motion to recuse affirmed, pro se appeals) Presenting two issues, the Cantus challenge the denial of their motion to recuse the trial court judge and the denial of their motion to enforce the trial court's judgment. We affirm the presiding judge of the Second Administrative Judicial Region's order denying the Cantus' motion to recuse the trial court judge, and we affirm the trial court's order denying the "Defendants' Second Amended Motion for Contempt and Sanctions Against Epernay and Individuals." AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Higley and Sharp 01-07-01091-CV Tony Cantu and Elsa Cantu v. Wade McKinney, Jr., Rebecca R. McKinney, et al Appeal from 129th District Court of Harris County Trial Court Judge: Hon. Grant Dorfman Valencia v. DFPS (pdf) (Tex.App.- Houston [1st Dist.] Dec. 22, 2009)(Jennings)(termination reversed) Appellant challenges the trial court’s termination of his parental rights to his minor child. In three issues, Valencia contends that his court-appointed attorney’s performance at trial “was so patently deficient that [he] was denied any meaningful assistance of counsel altogether” and the evidence presented against him at trial, as revealed in a five and one-half page trial transcript, is legally and factually insufficient to support the trial court’s findings that he endangered the child and that termination of his parental rights is in the child’s best interest. We reverse that portion of the decree terminating the parent-child relationship between Valencia and V.V. REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Higley and Sharp 01-08-00345-CV Joe Lewis Valencia v. Department of Family and Protective Services Appeal from 313th District Court of Harris County Trial Court Judge: Hon. Pat Shelton Malatesta v. Dove Meadows HOA (pdf) (Tex.App.- Houston [1st Dist.] Dec. 22, 2009)(Bland) (HOA litigation, deed restrictions, conclusory affidavit) Bryan D. Malatesta and Willie Voncille Malatesta, record owners of a parcel on Meadowhill Drive in the Dove Meadows subdivision (the Meadowhill Drive property), appeal the trial court’s summary judgment granting Dove Meadows’s request for injunctive relief for deed restriction violations and attorney’s fees. The Malatestas contend that the trial court erred in failing to consider their appearance and response in opposition to Dove Meadows’s motion for summary judgment. They also challenge the affidavits Dove Meadows submitted with its motion, contending that they cannot support the summary judgment. Finding no error, we affirm. AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Massengale 01-08-00772-CV Bryan D. Malatesta, Willie Voncille Malatesta v. Dove Meadows Homeowners Association, Inc. Appeal from 234th District Court of Harris County Trial Court Judge: The Honorable Reece Rondon DISMISS APPEAL 12/22 12/22: Per Curiam Before Justices Keyes, Alcala and Hanks 01-08-00846-CV Kim Denise Carter v. Kathy Potts Appeal from 344th District Court of Chambers County DISMISS APPEAL 12/22: Per Curiam Before Justices Keyes, Alcala and Hanks 01-08-00920-CV Laverna Stovall v. Guadalupa Ann Lira Appeal from 80th District Court of Harris County DISMISS APPEAL 12/22: Per Curiam Before Justices Jennings, Higley and Sharp 01-09-00032-CV Richard Denton, Individually, and on Behalf of all others similarly situated v. Michael Y. McGovern, Robert E. Allen, Marvin E. Lesser, Charles L. Mears, David A. Scholes, and Richard L. Urbanowski Appeal from 129th District Court of Harris County DISMISS APPEAL 12/22: Per Curiam Before Chief Justice Radack, Justices Bland and Massengale 01-09-00162-CV Larry Lewis Barrett & Theressa Thanars Barrett v. Washington Mutual Bank, its Successor and Assigns Appeal from 400th District Court of Ft. Bend County DISMISS APPEAL 12/22: Per Curiam Before Justices Keyes, Alcala and Hanks 01-09-00338-CV Kirbyville Senior Center & Nutrition Services, Jasper County Commitee on Aging and Kirbyville Chapter of Senior Citizens v. Sharron Faye West Appeal from 1st District Court of Jasper County AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Justices Jennings, Higley and Sharp 01-09-00427-CV The City of Houston v. Wallace Ray Mack, Beryl B. Mack Appeal from Co Civil Ct at Law No 3 of Harris County DISMISS APPEAL 12/22: Per Curiam Before Chief Justice Radack, Justices Bland and Massengale 01-09-00542-CV Elizabeth Haddad v. Department of Family and Protective Services Appeal from 315th District Court of Harris County DISMISS APPEAL 12/22: Per Curiam Before Chief Justice Radack, Justices Bland and Massengale 01-09-00546-CV Henry J. Quanaim v. Allstate Insurance Appeal from 189th District Court of Harris County DISMISS APPEAL 12/22: Per Curiam Before Justices Jennings, Higley and Sharp 01-09-00701-CV Kenneth Hill v. Domingo Carrillo, Et Al Appeal from 405th District Court of Galveston County DISMISS APPEAL 12/22: Per Curiam Before Justices Keyes, Alcala and Hanks 01-09-00751-CV Tamara Lee Gradert v. Union Pacific Railroad Company, Burlington Northern Santa Fe Railway Company and Montie R. Sims Appeal from 152nd District Court of Harris County DISMISS APPEAL 12/22: Per Curiam Before Justices Jennings, Higley and Sharp 01-09-00911-CV Brian Penny and Cynthia Penny v. Shell Oil Products Company, L.L.C., Shell Deer Park, Shell Oil Company, Shell Chemical Company, Equilon Enterprises, L.L.C. Appeal from 113th District Court of Harris County Criminal Causes Decided: REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Jennings (we hold that the evidence is legally insufficient to support appellant’s conviction of the offense of possession of a controlled substance) 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 OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Keyes AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Keyes, Alcala and Hanks 01-09-00211-CR William Michael Ferguson v. The State of Texas Appeal from 294th District Court of Van Zandt County December 17, 2009 Civil Causes Decided: Brown & Brown of Texas, Inc. v. Omni Metals, Inc. (pdf) (Tex.App.- Houston [1st Dist.] Dec. 17, 2009) (Substituted opinion by Keyes) (insurance coverage, certificates of insurance, DTPA) MODIFY TRIAL COURT JUDGMENT AND AFFIRM TRIAL COURT JUDGMENT AS MODIFIED: Opinion by Justice Keyes Before Justices Nuchia, Keyes and Higley 01-05-01190-CV Brown & Brown of Texas, Inc. f/k/a Poe & Brown of Texas, Inc. and Transcontinental Insurance Company v. Omni Metals, Inc. Appeal from 61st District Court of Harris County Trial Court Judge: Hon. John Donovan Dissenting Opinion by Justice Nuchia DISMISS APPEAL: Per Curiam Before Justices Keyes, Alcala and Hanks 01-07-00361-CV Practice Consultants, Inc. v. Bravo Dental Clinics, P.A. Appeal from 61st District Court of Harris County Trial Court Judge: Hon. Donovan DISMISS APPEAL: Per Curiam Before Justices Keyes, Alcala and Hanks 01-07-00493-CV Felicia Sheppard, Alex Grigsby, Melvin Jackson, Gerald Thomas, Claudine Faulkner, Rufino Razo, David Criswell, Larry Oliver, Michael Cloudy, Mark Fletcher, Quincy Ratcliff and Randy Horn v. Stanley B. Broussard and Stanley B. Broussard, P.C. Appeal from 157th District Court of Harris County Trial Court Judge: Hon. R. Wilson Gundogan v. Woodgrove Condo (pdf) (Tex.App.- Houston [1st Dist.] Dec. 17, 2009)(Keyes) (appeals from small claims and JP court, failure to Timely Respond to Discovery Requests, rebuttal of presumption of receipt of documents served pursuant to Rule 21a) Woodgrove objected to each of the four pieces of evidence on the grounds that Gundogan failed to timely respond to discovery requests. The trial court sustained each of Woodgrove’s four objections and excluded Gundogan’s four pieces of evidence. Having held that the trial court erred in indulging the presumption that the request for production and notice of the motion to compel Woodgrove properly sent were received, we further hold that the trial court erred in excluding Gundogan’s four pieces of evidence on the ground of failure to timely respond to discovery requests. REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Keyes Before Justices Jennings, Keyes and Higley 01-07-00876-CV Peter Kemal Gundogan v. Woodgrove Condominum Appeal from Co Civil Ct at Law No 1 of Harris County Trial Court Judge: Hon. R. Jack Cagle Forward v. Texas Board of Pardons and Parole (pdf) (Tex.App.- Houston [1st Dist.] Dec. 17, 2009)(Alcala) Appellant, John Patrick Forward, appeals the trial court's order that dismissed for want of prosecution his petition for expunction of records. In two issues, Forward contends the court abused its discretion in dismissing his expunction petition for want of prosecution because the trial court did not give Forward adequate notice that his petition would be dismissed for failure to prosecute his case, and he proved each of the requirements for having his record expunged. We conclude the trial court did not give adequate notice to Forward of its intent to dismiss the case. We, therefore, reverse and remand the case to the trial court. REVERSE TRIAL COURT JUDGMENT AND REMAND CASE TO TRIAL COURT FOR FURTHER PROCEEDINGS: Opinion by Justice Elsa Alcala Before Justices Keyes, Alcala and Hanks 01-07-00914-CV John Patrick Forward v. Texas Board of Pardons and Parole Appeal from 80th District Court of Harris County Trial Court Judge: Hon. Lynn Bradshaw-Hull Rodrigues v. Press (pdf) (Tex.App.- Houston [1st Dist.] Dec. 17, 2009)(Massengale)(legal malpractice suit) Appellant, Enrique Rodriguez, and his wife, Anabel Reyna Rodriguez, sued appellant’s former lawyer, Dionne S. Press, for alleged negligence, breach of contract, violations of the Deceptive Trade Practices-Consumer Protection Act, and other theories. See Tex. Bus. & Com. Code Ann. §§ 17.41–.63 (Vernon 2002 & Supp. 2009) (DTPA). The trial court rendered a take- nothing summary judgment based on appellee Press’s motion for summary judgment. Appellant brings three points of error, alleging the trial court erred in (1) hearing the motion for summary judgment outside the time periods set out in the court’s docket control order, (2) relying on the doctrine set forth in Peeler v. Hughes & Luce, 909 S.W.2d 494 (Tex. 1995),[1] to grant Press’s motion for summary judgment, and (3) denying appellant’s motion for summary judgment based on what appellant claims is false and misleading summary-judgment evidence filed by Press. We affirm. AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Chief Justice Radack, Justices Bland and Massengale 01-08-00326-CV Enrique Rodriguez v. Dionne S. Press Appeal from 190th District Court of Harris County Trial Court Judge: Hon. Jennifer Walker Elrod DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Bland and Massengale 01-08-00483-CV Tay Enterprises LLC a/k/a and d/b/a Tay Enterprises and Brandon Home Furnishings v. Classics By Casabique Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Hon. Roberta A. Lloyd Walker v. Livingston (pdf)(Tex.App.- Houston [1st Dist.] Dec. 17, 2009)(Keyes) (Jennings) (pro se inmate suit) Appellant, Freddie Lee Walker, who is incarcerated and represents himself pro se, challenges the trial court’s order dismissing his lawsuit against appellees, Brad Livingston, Nathaniel Quarterman, Gary Gomez, Larry LeFlore, Pamela Williams, Beverly Stewart, Doug Waldron, J.P. Guyton, and Richard Trinci, and other officials with the Texas Department of Criminal Justice (“TDCJ”), Footnote for violating the Equal Protection Clause of the United States Constitution Footnote by refusing to provide him a certain inmate classification. In four issues, Walker contends that a Travis County district court erred in transferring venue of the case from Travis County to Brazoria County, the trial court “improperly dismissed the entire case and should have stayed the remaining lawsuit,” the trial court abused its discretion in dismissing his case under Chapter 14 of the Texas Civil Practice and Remedies Code, and the trial court erred in denying his new trial motion. We affirm. AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Higley and Sharp 01-08-00959-CV Freddie Lee Walker v. Brad Livingston, Nathaniel Quarterman, Gary Gomez, Larry Leflore, Pamela Williams, Beverly Stewart, Doug Waldron, J.P. Guyton, and Richard Trinci Appeal from 412th Judicial District Court of Brazoria County Trial Court Judge: Hon. W. Edwin Denman DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Bland and Massengale 01-09-00125-CV Javanda Nelson v. The Bank of New York as Successor to JP Morgan Chase Bank, National Association, Formerly known as JP Morgan Appeal from Co Civil Ct at Law No 2 of Harris County Trial Court Judge: Hon. Jacqueline Lucci Smith Marcus v. Smith (pdf)(Tex.App.- Houston [1st Dist.] Dec. 17, 2009)(Alcala) In this appeal and these petitions for writs of mandamus, David E. Marcus seeks relief from the trial court's March 3, 2009 order dismissing his lawsuit and imposing trial attorney's fees, and from the trial court's April 16, 2009 temporary orders imposing appellate attorney's fees and quashing exhibits. (1) In three issues raised in the appeal, Marcus contends the trial court erred by (1) awarding trial attorney's fees to Smith's attorney; (2) awarding appellate attorney's fees to Smith's attorney; and (3) disallowing Marcus's resubmission of trial exhibits after he had taken them back into his possession and withdrawn them from the court. The petition for mandamus in appellate number 01-09-00461-CV asserts the same challenges raised in the appeal concerning the award of appellate attorney's fees. In three issues pertaining to the petition for mandamus in appellate number 01-09-00702-CV, Marcus repeats his complaint about the trial court's refusal to allow him to resubmit trial exhibits, but he additionally asserts the trial court erred by denying his motion to enforce his visitation rights, and by directing him to pay fees for Smith's trial attorney. Smith responds by challenging our jurisdiction over these cases and, alternatively, addressing the merits of the contentions. We conclude the trial court did not abuse its discretion by dismissing the motion to enforce the order adjudicating parentage and by awarding trial and appellate attorney's fees. We affirm the trial court's March 3, 2009 dismissal order, modify the trial court's April 16, 2009 temporary orders to make the appellate attorney's fees contingent upon successful appeal, and deny the petitions for writs of mandamus. AFFIRM TC JUDGMENT: Opinion by Justice Elsa Alcala Before Justices Keyes, Alcala and Hanks 01-09-00321-CV David E. Marcus v. Margaret A. Smith Appeal from 310th District Court of Harris County Trial Court Judge: Hon. Lisa Millard In re Marcus (Tex.App.- Houston [1st Dist.] Dec. 17, 2009)(Alcala) DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Alcala Before Justices Keyes, Alcala and Hanks 01-09-00461-CV In re David E. Marcus Appeal from 310th District Court of Harris County Trial Court Judge: Hon. Lisa Millard Ineos Group Ltd v. Chevron Phillips Chemical Co, LP (pdf) (Tex.App.- Houston [1st Dist.] Dec. 17, 2009) (Higley) (interlocutory appeal, temporary injunction affirmed) INEOS (1) appeals the trial court's issuance of a temporary injunction prohibiting it from soliciting, negotiating, or entering into technology licensing agreements for a particular grade of polyethylene plastic made by using a certain manufacturing process. The temporary injunction is based on Chevron Phillips Chemical Company's ("CPChem") claim that the technology underlying this manufacturing process is derived from its trade secrets. In one issue, INEOS argues that the technology is no longer entitled to trade secret protection because, through a lack of vigilance, CPChem disclosed the technology to third parties, which are no longer required to keep the information confidential. Because INEOS has not shown that the trial court abused its discretion by issuing the temporary injunction, we affirm. AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Higley and Sharp 01-09-00504-CV Ineos Group Ltd., Ineos Technologies, Ineos Americas LLC, Ineos Manufacturing Belgium NV, Ineos LLC, Ineos Europe Limited, Ineos Polyethlene North America, Ineos USA LLC and Ineos Olefins LP v. Chevron Phillips Chemical Company, LP Appeal from County Court at Law No 2 of Galveston County Trial Court Judge: Hon. C. G. Dibrell, III DISMISS APPEAL: Per Curiam Before Justices Keyes, Alcala and Hanks 01-09-00538-CV Doc's Delight, L.L.C. D/B/A Ziggy's Healthy Grill v. 2200 West Alabama, Inc. Appeal from Co Civil Ct at Law No 3 of Harris County Trial Court Judge: Hon. Linda Storey DISMISS APPEAL: Per Curiam Before Justices Jennings, Higley and Sharp 01-09-00556-CV G.V. Flores Investments, L.L.C. and Gary Flores v. Autocheck Franchising Systems, Inc. Appeal from 234th District Court of Harris County Trial Court Judge: Hon. Reece Rondon DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Bland and Massengale 01-09-00621-CV Germaine James v. State of Texas Judge Bonnie Hellums Appeal from 164th District Court of Harris County Trial Court Judge: Hon Alexandra Smoots-Hogan In re Marcus (pdf)(Tex.App.- Houston [1st Dist.] Dec. 17, 2009)(Alcala) DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Alcala Before Justices Keyes, Alcala and Hanks 01-09-00702-CV In re David E. Marcus Appeal from 310th District Court of Harris County Trial Court Judge: Hon. Lisa Millard DISMISS APPEAL: Per Curiam Before Justices Jennings, Higley and Sharp 01-09-00712-CV Rapid Settlements v. Juana Saenz Appeal from 129th District Court of Harris County Trial Court Judge: Hon. Michael Gomez DISMISS APPEAL: Per Curiam Before Justices Jennings, Higley and Sharp 01-09-00736-CV Nema Ghalamdanchi v. Linn Boyd Appeal from 190th District Court of Harris County Trial Court Judge: Hon. Patricia J. Kerrigan DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Bland and Massengale 01-09-00953-CV Kristofer Thomas Kastner v. The Hon. Tom Lawrence, individually and as Harris County Justices of the Peace Appeal from 55th District Court of Harris County Trial Court Judge: Hon. Dion Ramos DISMISS APPEAL: Per Curiam Before Justices Keyes, Alcala and Hanks 01-09-00988-CV Melvin Raymond Schield, Jr. v. State of Texas Appeal from 412th Judicial District Court of Brazoria County Trial Court Judge: Hon. W. Edwin Denman Criminal Causes Decided: DISMISS APPEAL: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Massengale 01-06-00833-CR Peter Gilbert Contreras v. The State of Texas Appeal from 182nd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Higley and Sharp 01-07-00427-CR William Larry Aston v. The State of Texas Appeal from 174th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Keyes and Higley 01-07-00827-CR Raymond Dominic Brackens v. The State of Texas Appeal from 184th District Court of Harris County OPINION CONCURRING WITH THIS COURT'S JUDGMENT: Concurring Opinion by Justice Keyes Before Justices Jennings, Keyes and Higley 01-07-00827-CR Raymond Dominic Brackens v. The State of Texas Appeal from 184th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Chief Justice Radack, Justices Bland and Massengale 01-08-00037-CR William Earl Jones v. The State of Texas Appeal from 400th District Court of Ft. Bend County AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Keyes, Alcala and Hanks 01-08-00261-CR James Douglas Harris v. The State of Texas Appeal from 77th District Court of Limestone County AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Keyes, Alcala and Hanks 01-08-00534-CR Howard Dale Bellamy v. The State of Texas Appeal from 228th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Higley and Sharp 01-08-00738-CR Dennis Antoine Andrus v. The State of Texas Appeal from 339th District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Bland and Massengale 01-08-01039-CR Charles Allen Steward v. The State of Texas Appeal from 351st District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Bland and Massengale 01-08-01040-CR Charles Allen Stewart v. The State of Texas Appeal from 351st District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam Before Chief Justice Radack, Justices Bland and Massengale 01-09-00049-CR Patrick Farriott v. The State of Texas Appeal from 184th District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam Before Justice Hanks 01-09-00105-CR Ruben Barbalena v. The State of Texas Appeal from 56th District Court of Galveston County AFFIRM TC JUDGMENT: Per Curiam Before Justices Keyes, Alcala and Hanks 01-09-00106-CR Ruben Barbalena v. The State of Texas Appeal from 56th District Court of Galveston County AFFIRM TC JUDGMENT: Per Curiam Before Justices Keyes, Alcala and Hanks 01-09-00107-CR Ruben Barbalena v. The State of Texas Appeal from 56th District Court of Galveston County AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Massengale 01-09-00217-CR Juan Vasquez v. The State of Texas Appeal from 7th District Court of Smith County AFFIRM TC JUDGMENT: Per Curiam Before Justices Keyes, Alcala and Hanks 01-09-00499-CR Luis Alonso Perez v. The State of Texas Appeal from 179th District Court of Harris County December 14, 2009 Civil Causes Decided: DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Alcala and Hanks 01-09-00604-CV In re Donald C. Jackson Appeal from 133rd District Court of Harris County Trial Court Judge: Jaclanel M. McFarland DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Bland and Massengale 01-09-01055-CV In re Amanda Desterberg Appeal from 313th District Court of Harris County Criminal Causes Decided: December 11, 2009 Civil Causes Decided: SET ASIDE TC JUDGMENT AND REMAND CASE TO TC FOR RENDITION OF JUDGMENT IN ACCORDANCE WITH PARTIES' AGREEMENT: Per Curiam Before Justices Jennings, Higley and Sharp 01-09-00401-CV Jason R. Freeman v. Bartlett Cocke, L.P. Appeal from 113th District Court of Harris County Trial Court Judge: Hon. Patricia Hancock December 10, 2009 Civil Causes Decided: DISMISS APPEAL: Per Curiam Before Justices Jennings, Higley and Sharp 01-07-00901-CV Essex Crane Rental Corp. and Vincent A. Morano v. James W. McPherson, Sr, Coastal Terminal Operators, Inc., Coastal Stevedoring Corporation, McPherson Interests, Ltd., James W. McPherson Family Trust, James W. McPherson, Jr., Eric G. Carter d/b/a Eric G. Carter and Associates, and Houston Industrial Appeal from 151st District Court of Harris County Trial Court Judge: Hon. Caroline Baker Simien v. Unifund CCR Partners (pdf) (Tex.App.- Houston [1st Dist.] Dec. 10, 2009)(Alcala) (credit card debt suit) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Alcala Before Justices Keyes, Alcala and Hanks 01-08-00593-CV Michelle D. Simien v. Unifund CCR Partners Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Hon. Roberta A. Lloyd Imkie v. The Methodist Hospital (pdf)(Tex.App.- Houston [1st Dist.] Dec. 10, 2009)(effect of failure to respond to no-evidence motion for summary judgment, denial of motion for new trial affirmed) (trial court properly granted the motion for summary judgment, and did not abuse its discretion by denying the motion for new trial. Court of appeals affirms the ruling of the trial court.) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Keyes, Alcala and Hanks 01-08-00831-CV Marwa Imkie v. The Methodist Hospital Appeal from 133rd District Court of Harris County Trial Court Judge: Hon. Lamar McCorkle Said v. Maria Investment (pdf) (Tex.App.- Houston [1st Dist.] Dec. 10, 2009)(personal jurisdiction, special appearance) (The Saids contend that the trial court abused its discretion in granting the special appearances. Holding that had no evidence properly before the trial court supports the special appearances, we reverse the trial court’s orders.) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Massengale 01-08-00962-CV Asif Said and Asma Said v. Maria Investment Appeal from 151st District Court of Harris County Trial Court Judge: Hon. Caroline E. Baker Anyanwu v. FIA Card Services, N.A. FKA, MBNA American Bank, N.A. (pdf)(Tex.App. - Houston [1st Dist.] Dec. 10, 2009)(per curiam) (dismissed for failure to file appellate brief) DISMISS APPEAL: Per Curiam Before Justices Keyes, Alcala and Hanks 01-09-00100-CV Good G. Anyanwu v. FIA Card Services, N.A. FKA, MBNA American Bank, N.A. c/o Mann Bracken LLC Appeal from County Civil Court at Law No 3 of Harris County Wright v. Atlantic Credit and Finance, Inc. (Tex.App.- Houston [1st Dist.] Dec. 10, 2009)(Alcala) (failure to plead statute of limitations)(deemed admissions and Atlantic's uncontroverted summary judgment evidence conclusively establish Atlantic's entitlement to recover on breach of contract and its entitlement to attorney's fees) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Keyes, Alcala and Hanks 01-09-00135-CV Darryl G. Wright v. Atlantic Credit and Finance, Inc. 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 Keyes, Alcala and Hanks 01-09-00318-CV Willie James Ashton, Jr. v. Texas Department of Criminal Justice Appeal from 412th Judicial District Court of Brazoria County DISMISS APPEAL: Per Curiam Before Justices Keyes, Alcala and Hanks 01-09-00537-CV Texas Department of Public Safety v. Wendell L. James Appeal from County Civil Court at Law No 3 of Harris County Trial Court Judge: Hon. Linda Storey Criminal Causes Decided: MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Sharp Before Justices Jennings, Higley and Sharp 01-07-00088-CR Chandra Denise Randle v. The State of Texas Appeal from 209th District Court of Harris County MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Sharp Before Justices Jennings, Higley and Sharp 01-07-00089-CR Chandra Denise Randle v. The State of Texas Appeal from 209th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Keyes, Alcala and Hanks 01-08-00740-CR Hightower Obryant v. The State of Texas Appeal from 179th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Keyes, Alcala and Hanks 01-08-00741-CR Hightower Obryant v. The State of Texas Appeal from 179th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Massengale 01-08-00844-CR Simon Chambers v. The State of Texas Appeal from 263rd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Higley and Sharp 01-08-00911-CR Michael Rainey Adams v. The State of Texas Appeal from 434th District Court of Fort Bend County AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Keyes, Alcala and Hanks 01-08-00940-CR Kelly Lewis v. The State of Texas Appeal from 262nd District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Keyes, Alcala and Hanks 01-09-00896-CR Michael Rene Gonzalez v. The State of Texas Appeal from 228th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Higley and Sharp 01-09-00937-CR Donte Jermail Campbell v. The State of Texas Appeal from 209th District Court of Harris County December 7, 2009 Civil Causes Decided: DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Bland and Massengale 01-09-00967-CV In Re Timothy Aguilar Appeal from 61st District Court of Harris County Trial Court Judge: Hon. Al Bennett Criminal Causes Decided: December 4, 2009 Civil Causes Decided: BHP Billiton Petroleum (Americas), Inc. v. Atlantia Offshore Ltd. (pdf) (Tex. App.- Houston [1st Dist.] Dec. 4, 2009)(Jennings) (arbitration dispute, interlocutory appeal) DISMISS APPEAL: Opinion by Justice Terry Jennings Before Justices Jennings, Higley and Sharp 01-09-00509-CV BHP Billiton Petroleum, (Americas) Inc. v. Atlantia Offshore Limited Appeal from 215th District Court of Harris County Trial Court Judge: Hon. Steven E. Kirkland In Re BHP Billiton Petroleum (Americas) Inc. (pdf) (Tex.App. - Houston [1st Dist.] Dec. 4, 2009)(Jennings) DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Jennings (arbitration mandamus denied) Before Justices Jennings, Higley and Sharp 01-09-00647-CV In re BHP Billiton Petroleum (Americas) Inc. Appeal from 215th District Court of Harris County Appeal from 215th District Court of Harris County Criminal Causes Decided: DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Bland and Massengale 01-09-00930-CR In re Clifford Winfrey Appeal from 174th District Court of Harris County December 3, 2009 Civil Causes Decided: DISMISS APPEAL: Per Curiam Before Justices Keyes, Alcala and Hanks 01-07-00710-CV Donald Ray McCaffrey, Jr. v. Texas Board of Pardons and Paroles, et al Appeal from 113th District Court of Harris County Hines v. DFPS (Tex.App.- Houston [1st Dist.] Dec. 3, 2009)(Radack) (termination of parental rights affirmed) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Bland and Massengale 01-08-00045-CV Larry Wayne Hines v. Department of Family and Protective Services Appeal from 314th District Court of Harris County Craig v. Varon (Tex.App.- Houston [1st Dist.] Dec. 3, 2009)(Jennings) (real estate contract, indemnity agreement, trial of issues by consent) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Higley and Sharp 01-08-00794-CV Bob Craig, 6030 South Rice, Ltd. v. Jacobo Varon, Charter Title Company Appeal from 127th District Court of Harris County Trial Court Judge: Hon. Shearn Smith Martinez v. Melendez (Tex.App.- Houston [1st Dist.] Dec. 3, 2009)(Subst op. by Bland) (wrongful death, collision with dump truck, independent contractor, no right to control, no vicarious liability) AFFIRM TC JUDGMENT: Opinion by Justice Jane Bland Before Justices Taft, Bland and Sharp 01-08-00850-CV Luci Martinez, Individually and the Personal Representative of the Estate of Luis Martinez; and Jose Martinez and Maria Martinez v. Moises Melendez Appeal from 190th District Court of Harris County Trial Court Judge: Hon. Patricia J. Kerrigan Demby v. Rivers (pdf)(Tex.App.- Houston [1st Dist.] Dec. 3, 2009)(Radack) (jury's verdict awarding appellee damages for personal injuries he sustained as a result of the collision. evidence is legally and factually sufficient to support the damage award as to loss of physical capacity) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Bland and Massengale 01-08-00965-CV Yanetta Demby v. Lamachus Rivers Appeal from 125th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Higley and Sharp 01-09-00128-CV Ronald L. & Wendy S. Savage v. Cendant Mobility Financial Corporation d/b/a Cartus Financial Corporation Appeal from 157th District Court of Harris County Smith v. DFPS (Tex.App.- Houston [1st Dist.] Dec. 3, 2009)(Hanks)(termination of parent's rights) AFFIRM TC JUDGMENT: Opinion by Justice George C. Hanks, Jr. Before Justices Keyes, Hanks and Bland 01-09-00173-CV Deshann Smith a/k/a Cajuanna Peterson v. Department of Family and Protective 01-09-00390-CV Deshann Smith a/k/a Cajuanna Peterson v. Department of Family and Protective Services Appeal from 314th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Higley and Sharp 01-09-00512-CV William Earl Cunningham v. University of Texas Medical Branch Appeal from 10th District Court of Galveston County DISMISS APPEAL: Per Curiam Before Justices Keyes, Alcala and Hanks 01-09-00515-CV Fawzi Abed Yousef v. A-Rod, L.P. Appeal from Co Civil Ct at Law No 3 of Harris County DISMISS APPEAL: Per Curiam Before Justices Keyes, Alcala and Hanks 01-09-00583-CV Leviathan Enterprises Group, Inc. v. Ulysses W. Watkins Appeal from 61st District Court of Harris County Speck v. First Evangelical Lutheran Church of Houston (Tex.App.- Houston [1st Dist.] Dec. 3, 2009)(Bland) (construction law, nonpayment claim for services, quantum meruit, unjust enrichment, sworn account, JNOV) (insufficient record for appeal) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Massengale 01-09-00605-CV Pat K. Speck v. First Evangelical Luthern Church of Houston and Dry Bones Coffee House Inc. and Dry Bones Coffee House Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: Jacqueline Lucci-Smith DISMISS APPEAL: Per Curiam Before Justices Jennings, Higley and Sharp 01-09-00619-CV Brent Thomas McPherson v. Ruth Hollyer Appeal from 245th District Court of Harris County Trial Court Judge: Hon. Annette Kuntz DISMISS APPEAL: Per Curiam Before Justices Jennings, Higley and Sharp 01-09-00620-CV Chris Camp, Ponderosa Trailers Western Slope Division, Ponderosa Trailer New Mexico Division, Central Arkansas Fabrication and Ponderosa Trailers v. Affordable Trailer Sales Appeal from 270th District Court of Harris County In re Houston Auto M. Importers North, Ltd. (pdf) (Tex.App.- Houston [1st Dist.] Dec. 3, 2009)(Radack) (Mandamus granted re: order denying motion to compel arbitration) GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Bland and Massengale 01-09-00625-CV In re Houston Auto M. Importers North, LTD. D/B/A Mercedes-Benz of Houston North Appeal from 133rd District Court of Harris County Trial Court Judge: Jaclanel M. McFarland DISMISS APPEAL: Per Curiam Before Justices Jennings, Higley and Sharp 01-09-00650-CV Trials 240 LP, commonly known to the Defendant as Three Properties Ltd v. Harris County Appraisal District and the Appraisal Review Board of Harris County Appraisal District Appeal from 281st District Court of Harris County Trial Court Judge: The Honorable Sylvia A. Matthews DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Alcala and Hanks 01-09-00850-CV In re Texas Tri-Care Rehabilitation; and Lawrence Roddick, D.C. Appeal from 11th District Court of Harris County Trial Court Judge: Hon. Mike Miller Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Alcala and Hanks 01-06-00517-CR Jesse Rodriguez v. The State of Texas Appeal from 248th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Bland and Massengale 01-07-00826-CR Johnthan Ladare Lacy v. The State of Texas Appeal from 184th District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Bland and Massengale 01-07-01044-CR Gustavo Casas Jr., Principal and Felix Michael Kubosh, Surety v. The State of Texas Appeal from 228th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Keyes, Alcala and Hanks 01-08-00264-CR Aimee Andrea Fisher-Riza v. The State of Texas Appeal from COUNTY COURT AT LAW of Callahan County REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Bland and Massengale 01-08-00453-CR Emanuell Glenn Randolph v. The State of Texas Appeal from 268th District Court of Fort Bend County AFFIRM TC JUDGMENT: Per Curiam Before Chief Justice Radack, Justices Bland and Massengale 01-08-00826-CR Oscar Ponce-Perez v. The State of Texas Appeal from 174th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Bland and Massengale 01-08-00860-CR Kendron Lateef Miles v. The State of Texas Appeal from 300th District Court of Brazoria County AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Keyes, Alcala and Hanks 01-09-00051-CR Carlos Mendoza, Jr v. The State of Texas Appeal from 228th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Higley and Sharp 01-09-00084-CR Thomas Elton McDonnel v. The State of Texas Appeal from 248th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Higley and Sharp 01-09-00085-CR Thomas Elton McDonnel v. The State of Texas Appeal from 248th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Keyes, Alcala and Hanks 01-09-00119-CR Jeremias Fuentes v. The State of Texas Appeal from 182nd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Bland and Massengale 01-09-00221-CR Eddie D. Payne, Jr. v. The State of Texas Appeal from 7th District Court of Smith County |
|