January 2009 Decision and Opinion Release Dates: Jan. 8, 9, 13, 15, 20, 22, 26, 28, 29, 30, 2009 JANUARY 2009 CIVIL CASE TABLE Released Opinions January 30, 2009 Civil Causes Decided: The Kroger Co. v. Shaw (Tex.App.- Houston [1st Dist.] Jan 30, 2009)(Alcala) (premises liability lawsuit, JNOV, actual or constructive knowledge) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Hanks 01-07-00030-CV The Kroger Company v. Betty Shaw and Robert Shaw Appeal from 149th District Court of Brazoria County Trial Court Judge: Hon. Robert E. May Fairchild v. Barron (Tex.App.- Houston [1st Dist] Jan. 30, 2009)(Alcala) (summary judgment, tortious interference, motion to compel, estoppel) AFFIRM TC JUDGMENT: Opinion by Justice Elsa Alcala Before Chief Justice Radack, Justices Alcala and Hanks 01-07-00534-CV James W. Fairchild, Individually and in the name and right of Exeter Energy Services, L. P., and Fairchild & Wells, Inc. v. Thomas F. Barron, Tetra Prime, Inc., and John Wells, Individually Appeal from 129th District Court of Harris County Trial Court Judge: Hon. Grant Dorfman Criminal Causes Decided: none January 29, 2009 Civil Causes Decided: Crowden v. DFPS (Tex.App.- Houston [1st Dist.] Jan. 29, 2009)(Radack) (termination of parental rights, jury trial) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00025-CV Michelle Haufrect Crowden v. Department of Family and Protective Services Appeal from 328th District Court of Fort Bend County Trial Court Judge: Hon. Ronald R. Pope Sembera Security Systems, Inc. v. El Dorado Ins. Agency, Inc. (Tex.App.- Houston [1st Dist.] Jan. 29, 2009) (Higley)(breach of contract claim, cancellation of workers’ compensation insurance coverage for non-payment of premium) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Higley Before Chief Justice Radack, Judge Wilson, Justice Higley 01-07-00310-CV Sembera Security Systems, Inc. a/k/a Sembera Security, Inc. v. El Dorado Insurance Agency, Inc., and Texas Mutual Insurance Company, f/n/a Texas Workers' Compensation Fund and Texas Workers' Compensation Fund, Texas Workers' Compensation Fund Appeal from 152nd District Court of Harris County Trial Court Judge: Hon. Kenneth P. Wise Fogal v. Stature Construction (Tex.App.- Houston [1st Dist.] Jan. 29, 2009)(Original superseded op by. Alcala) (substitute opinion issued June 18, 2009) (confirmation of arbitration award, no waiver of right to arbitrate by litigation conduct, challenges to arb award overruled, award confirmed, open courts challenge fails) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Keyes and Alcala 01-07-00456-CV Mary Fogal and Robert Fogal v. Stature Construction, Inc., Jorge Casimiro, Tom Thibodeau and Bernie Kane Appeal from 80th District Court of Harris County Trial Court Judge: Hon. Lynn Bradshaw-Hull Elliot v. Newsom (Tex.App.- Houston [1st Dist.] Jan. 29, 2009)(Alcala) (no deemed admissions as to legal conclusions) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Hanks 01-07-00692-CV Roger L. Elliot and Tracy Dehmer v. John Paul Newsom and JPN Properties Appeal from 234th District Court of Harris County Trial Court Judge: Hon. Reece Rondon Maryland Casualty Co. v. American Home Assurance Co (Tex.App.- Houston [1st Dist.] Jan. 29, 2009)(Subst. opinion by Jennings) (insurance law, subrogation, additional insured)(Maryland established that it had been prejudiced as a matter of law by NES's policy violations)(Mid-Continent Insurance Co. v. Liberty Mutual Insurance Co., cited, 236 S.W.3d 765 (Tex. 2007). REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Jennings Before Justices Taft, Jennings and Bland 01-07-00711-CV Maryland Casualty Company v. American Home Assurance Company and Illinois National Insurance Company, as Subrogees of National Equipment Services, Inc. Appeal from 113th District Court of Harris County Trial Court Judge: Hon. Patricia Hancock Yazdchi v. R.P. Cornelius (Tex.App.- Houston [1st Dist.] Jan. 29, 2009)(Jennings) (summary judgment affirmed, no transfer to probate court) AFFIRM TC JUDGMENT: Opinion by Justice Terry Jennings Before Justices Jennings, Hanks and Bland 01-07-00844-CV Abbas Yazdchi and Habibolah Yazdchi v. R. P. Cornelius Appeal from 80th District Court of Harris County Trial Court Judge: Hon. Lynn Bradshaw-Hull DISMISS APPEAL: Per Curiam Before Justices Jennings, Keyes and Higley 01-07-00902-CV Scott Njaa and Wanda Njaa v. Stephen Johnson, Donald E. Johnson, Amy Johnson, d/b/a JAS Construction, Roofing Supply Group Ltd., Tamko Roofing Products Inc., and David Waldrop Appeal from 133rd District Court of Harris County Trial Court Judge: Hon. Lamar McCorkle Abbott v. DFPS (Tex.App.- Houston [1st Dist.] Jan. 29, 2009)(Sharp) AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Justices Taft, Bland and Sharp 01-07-01034-CV Angie Abbott v. Department of Family and Protective Services Appeal from 315th District Court of Harris County Trial Court Judge: Hon. Michael H. Schneider Jr. Baqdounes v. Nazir (Tex.App.- Houston [1st Dist.] Jan. 29, 2009)(Hanks) (informal marriage, common law marriage, collateral attack on prior divorce decree that omitted SAPCR re one child born during the marriage, void vs. voidable judgment) Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-07-01102-CV Selene Lara Mateos Baqdounes v. Nazir Baqdounes Appeal from 246th District Court of Harris County Trial Court Judge: Hon. Jim York American Academy of Emergency Medicine v. Memorial Hermann Healthcare System (Tex.App.- Houston [1st Dist.] Jan. 29, 2009)(Jennings)(plea to the jurisdiction granted, subject matter jurisdiction, declaratory judgment, associational standing) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Hanks and Bland 01-08-00096-CV American Academy of Emergency Medicine and Humble Emergency Physicians, P.A. v. Memorial Hermann Healthcare System, Inc., Team Health, Inc. and ACS Primary Care Physicians-Southwest, P. A.--Appeal from 295th District Court of Harris County Trial Court Judge: Hon. Tracy Christopher Stanford Dev. Corp. v. Stanford Condo Owners Ass'n (Tex.App.- Houston [1st Dist.] Jan 29, 2009)(Radack) (arbitration, non-signatory, condo association's standing to sue on behalf of members, bound by arb agreement) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Chief Justice Sherry Radack Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00240-CV Stanford Development Corporation v. Stanford Condominium Owners Association Appeal from 333rd District Court of Harris County Trial Court Judge: Hon. Joseph Halbach In re Stanford Dev. Corp. (Tex.App.- Houston [1st Dist.] Jan. 29, 2009)(Radack) (arbitration agreement, nonsignatory to arbitration agreement contract provision) DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00386-CV In re Stanford Development Corporation Appeal from 333rd District Court of Harris County Trial Court Judge: Hon. Joseph J. Halbach, Jr. In re Lucy Seafood, Inc. (Tex.App.- Houston [1st Dist.] Jan. 29, 2009)(per curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Taft, Bland and Sharp 01-09-00055-CV In re Lucy Seafood, Inc.m Jennifer H. Thal, Thomas T. Thai, United Seafood, Inc., and Thomas & Sons, Inc. Appeal from 125th District Court of Harris County Trial Court Judge: Kyle Carter Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00153-CR Crystal Lee Winn v. The State of Texas Appeal from 185th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Chief Justice Radack, Justices Taft, Jennings, Keyes, Alcala, Hanks, Higley, Bland and Sharp 01-07-00391-CR Kenneth Eugene Harris v. The State of Texas Appeal from 339th District Court of Harris County OPINION CONCURRING WITH THIS COURT'S JUDGMENT: Concurring Opinion by Justice Taft Before Chief Justice Radack, Justices Jennings and Bland 01-07-00391-CR Kenneth Eugene Harris v. The State of Texas Appeal from 339th District Court of Harris County OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Keyes Before Chief Justice Radack, Justices Jennings and Bland 01-07-00391-CR Kenneth Eugene Harris v. The State of Texas Appeal from 339th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-07-00411-CR Nathaniel Norwood v. The State of Texas Appeal from 344th District Court of Chambers County AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-07-00458-CR Nathaniel Norwood v. The State of Texas Appeal from 344th District Court of Chambers County AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-07-00785-CR Nathan Norwood v. The State of Texas Appeal from 344th District Court of Chambers County AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-07-00786-CR Nathan Norwood v. The State of Texas Appeal from 344th District Court of Chambers County AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Justices Taft, Bland and Sharp 01-07-00987-CR James Stanley Broussard v. The State of Texas Appeal from 176th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00223-CR Eric Renee Munoz v. The State of Texas Appeal from 351st District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Taft, Keyes and Alcala 01-08-00815-CR Ashley Nichole Williams v. The State of Texas Appeal from 21st District Court of Washington County DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Taft, Keyes and Alcala) 01-08-00869-CR In re Marin Lugo--Appeal from 184th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Keyes and Higley 01-08-00988-CR Gerald Hayes v. The State of Texas Appeal from 351st District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Keyes and Higley 01-08-00989-CR Gerald Hayes v. The State of Texas Appeal from 351st District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Keyes and Higley) 01-08-00992-CR Douglas Alan Keith v. The State of Texas Appeal from 262nd District Court of Harris County DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Taft, Bland and Sharp 01-09-00028-CR In re Daryle Wayne fitts Appeal from 240th District Court of Fort Bend County January 28, 2009 Civil Causes Decided: City of Houston v. O'Fiel (Tex.App.- Houston [1st Dist.] Jan. 28, 2009)(Hanks) (regulatory taking, flood zone land use, ripeness doctrine) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-08-00242-CV The City of Houston v. John O'Fiel and Mary Jane O'Fiel Appeal from Co Civil Ct at Law No 1 of Harris County Trial Court Judge: Hon. R. Jack Cagle Criminal Causes Decided: January 26, 2009 Civil Causes Decided: DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks 01-09-00003-CV In re Mary Nell Frey Appeal from County Court at Law of Waller County DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Keyes and Higley 01-09-00005-CV In re Kristofer Thomas Kastner Appeal from 189th District Court of Harris County Trial Court Judge: Hon. William R. Burke. Jr. Criminal Causes Decided: January 22, 2009 Civil Causes Decided: Poland v. Ott (Tex.App.- Houston [1st Dist.] Jan. 22, 2009)(Jennings) OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Jennings Before Justices Taft, Keyes and Alcala 01-07-00199-CV Raymon Poland, Individually and as Independent Administrator of the Estate of Jessie Poland, Robert Martin, and Frank Martin v. Dr. David Ott--Appeal from 152nd District Court of Harris County Fontenot v. Little (Tex.App.- Houston [1st Dist.] Jan. 22, 2009)(Alcala) (sanctions, must attack all grounds for judgment on appeal) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Hanks 01-07-00328-CV Michael Fontenot v. Mark Edward Little and Comco Direct Company Appeal from 11th District Court of Harris County Trial Court Judge: Hon. Mark Davidson Jacobson v. Ron (Tex.App.- Houston [1st Dist.] Jan. 22, 2009)(Higley) (premises liability, demolition of building accident injury, no duty, actual knowledge) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00645-CV Bradley A. Jacobson v. Avi Ron and Delaney Construction Company Appeal from DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00809-CV Chartamia Washington v. Insurex, Inc. Appeal from Appeal from Co Civil Ct at Law No 3 of Harris County DENY PETITION FOR WRIT OF HABEAS CORPUS: Per Curiam Before Justices Taft, Bland and Sharp 01-09-00004-CV In re Dale Corder Appeal from 245th District Court of Harris County Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-06-00944-CR Quincy Lamont Anderson v. The State of Texas Appeal from 268th District Court of Fort Bend County REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00801-CR Tracy Paul Taylor v. The State of Texas Appeal from 337th District Court of Harris County REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00802-CR Tracy Paul Taylor v. The State of Texas Appeal from 337th District Court of Harris County REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00803-CR Tracy Paul Taylor v. The State of Texas Appeal from 337th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Keyes and Alcala 01-07-00895-CR Dyrone Kevin Cooper v. The State of Texas Appeal from 248th District Court of Harris County DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00001-CR In re Melissa Ann Skiller Appeal from 400th District Court of Ft. Bend County AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Justices Taft, Bland and Sharp 01-08-00030-CR Michael Deamese Keller v. The State of Texas Appeal from 185th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-08-00158-CR Crystal Brock Oglesby v. The State of Texas Appeal from County Court at Law No 2 of Galveston County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00870-CR Makisha Lanique Smith v. The State of Texas Appeal from 180th District Court of Harris County January 20, 2009 Civil Causes Decided: In re Omega Protein, Inc. (Tex. App.- Houston [1st Dist.] Jan. 20, 2009)(Bland)(forum selection clause) (trial court must dismiss the case for forum non conveniens)(mandamus granted) . GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Bland Before Justices Jennings and Bland, The Honorable Hudson) 01-08-00656-CV In re Omega Protein, Inc. Appeal from 189th District Court of Harris County Trial Court Judge: Hon. William R. Burke. Jr. Criminal Causes Decided: January 15, 2009 Civil Causes Decided: DISMISS APPEAL: Per Curiam Before Justices Taft, Bland and Sharp 01-07-00228-CV David Joyner v. Cary Hart Appeal from 295th District Court of Harris County Eterm v. Crampton (Tex.App.- Houston [1st Dist.] Jan. 15, 2009)(Nuchia) (car purchase) AFFIRM TC JUDGMENT: Opinion by Justice Nuchia (Before Justices Nuchia, Hanks and Higley) 01-07-00270-CV Ibrahim M. Eterm d/b/a Prestige Motors v. Rhonda L. Crampton and Lane Crampton Appeal from 11th District Court of Harris County Trial Court Judge: Hon. Mark Davidson DISMISS APPEAL: Per Curiam Before Justices Taft, Bland and Sharp 01-08-00259-CV Chauncey Middleton v. The State of Texas Appeal from 280th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Keyes and Higley 01-08-00432-CV Daphne Brown v. Andre Johnson Appeal from 328th District Court of Fort Bend County Rodriguez v. Citibank (Tex.App.- Houston [1st Dist.] Jan. 15, 2009)(per curiam dismissal)(nonpayment) DISMISS APPEAL: Per Curiam Before Justices Taft, Bland and Sharp 01-08-00718-CV Augustine D. Rodriguez v. CitiBank (South Dakota), N.A Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: Hon. R. Jack Cagle Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-07-00633-CR Randy Sullivan Schroeter v. The State of Texas Appeal from 412th Judicial District Court of Brazoria County AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-07-00958-CR Calvin Earl Gould Jr. v. The State of Texas Appeal from 179th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-07-00959-CR Calvin Earl Gould Jr. v. The State of Texas Appeal from 179th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Judge Wilson, Justices Hanks and Bland 01-07-00991-CR Gustavo De Jesus Lopez v. The State of Texas Appeal from 177th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-08-00392-CR Darrell Diondre Johnson v. The State of Texas Appeal from 263rd District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00764-CR Latresa Michelle Moore v. The State of Texas Appeal from 230th District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00977-CR Reynaldo Ruiz v. The State of Texas Appeal from 268th District Court of Fort Bend County DISMISS APPEAL: Per Curiam Before Justices Taft, Bland and Sharp 01-08-00987-CR Mathew Lloyd Patterson v. The State of Texas Appeal from 239th District Court of Brazoria County January 13, 2009 Civil Causes Decided: DENY PETITION FOR WRIT OF HABEAS CORPUS: Per Curiam (petition deficient) Before Justices Taft, Bland and Sharp 01-09-00004-CV In re Dale Corder Appeal from 245th District Court of Harris County Trial Court Judge: Hon. Annette Kuntz Criminal Causes Decided: January 9, 2009 Civil Causes Decided: Navasota v. NationStar Mortgage, LLC (Tex.App.- Houston [1st Dist.] Jan. 9, 2009)(Alcala) (temporary injunction void order; temporary injunction order void because no trial date included in order) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00915-CV City of Navasota v. NationStar Mortgage, LL Appeal from 506th District Court of Grimes County Criminal Causes Decided: DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00067-CR In re Abraham Campos Appeal from 149th District Court of Brazoria County DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00150-CR In re Antonio Hernandez Appeal from 248th District Court of Harris County DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00237-CR In re John Wayne Bates Appeal from 212th District Court of Galveston County January 8, 2009 Civil Causes Decided: DISMISS APPEAL: Per Curiam Before Justices Taft, Keyes and Alcala 01-06-01189-CV Nathan McLeon v. Karen Blomstrom Appeal from Probate Court No 1 of Harris County Goodson Pontiac GMC, LLC v. Autonation USA Corp. (Tex.App.- Houston [1st Dist.] Jan. 8, 2009)(Alcala) (liability of flooded car lot, SJ) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Keyes and Alcala 01-07-00104-CV Goodson Pontiac GMC, L.L.C., Goodson North, L.L.C., Goodson Honda, Inc., Automotive Group Realty, L.L.C., United Auto Group, Inc, and Motors Insurance Company v. Autonation USA Corporation n/k/a An Dealership Holding Corp., Autonation, Inc., and Turner, Collie & Braden, Inc. Appeal from 129th District Court of Harris County Trial Court Judge: Hon. Grant Dorfman Sebritsky v. Sembritzky (Tex.App.- Houston [1st Dist.] Jan. 8, 2009)(Taft) breach of a contractual alimony agreement, misnomer, default judgment, liquidated damages) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Taft Before Justices Taft, Keyes and Alcala 01-07-00251-CV Verley Lee Sembritsky, Jr. v. Michel Castrinos Sembritzky Appeal from 312th District Court of Harris County Trial Court Judge: Hon. James Squier DISMISS APPEAL: Per Curiam Before Justices Jennings, Hanks and Bland 01-07-00315-CV Lonnie E. Vaughan v. Elbar Investments, Inc., and Praedium II Star Two, L.P. Appeal from 334th District Court of Harris County Ogu v. Bridle Wood (Tex.App,- Houston [1st Dist.] Jan. 8, 2009)(Hanks) (declaratory judgment, attorney's fees, right to jury trial) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-07-00933-CV Caroline Ogu and Oakey Ugboaja v. Bridle Wood, et al Appeal from County Civil Court at Law No 4 of Harris County Rimkus Consulting Group, Inc. v. Concierge Care Nursing Centers, Inc. (Tex.App.- Houston [1st Dist.] Jan. 8, 2009)(Jennings)(ILA, no interlocutory appeal from order striking intervention, DWOJ) DISMISS APPEAL: Opinion by Justice Jennings Before Justices Jennings, Hanks and Bland 01-08-00005-CV Rimkus Consulting Group, Inc. v. Concierge Care Nursing Centers, Inc. and Houston Concierge Care, L.P., et als--Appeal from 151st District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Taft, Higley and Bland 01-08-00044-CV Roy G. Horridge v. Chase Equipment Leasing Inc. Appeal from 295th District Court of Harris County Fletcher v. DFPS (Tex.App.- Housotn [1st Dist.] Jan. 8, 2009)(Radack) (termination of parental rights) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00052-CV C.Y. Fletcher v. Department of Family and Protective Services Appeal from 328th District Court of Fort Bend County Trial Court Judge: Hon. Ronald Pope Kachar v. DFPS (Tex.App.- Houston [1st Dist.] Jan. 8, 2009)(Hanks) (vexatious litigant) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-08-00074-CV Karen Kachar v. Department of Family and Protective Services Appeal from 257th District Court of Harris County Trial Court Judge:The Honorable Judy L. Warne Kennamer v. The Estate of Noblitt (Tex.App.- Houston [1st Dist.] Jan. 8, 2009)(Higley) (animal law, cow attack liability, ownership disputed) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00134-CV John L. Kennamer, Individually and John L. Kennamer and Mora Kennamer d/b/a K-Bar land and Cattle Company v. The Estate of John Alwin Noblitt, Deceased, Charles R. Noblitt, Jr., Individually and as Administrator of the Estate of John Alwin Noblitt, Deceased, and Jo Ann Jones, Individually and as Heir of The Estate of John Alwin Noblitt, Deceased Appeal from County Court at Law No 2 & Probate Court of Brazoria County Trial Court Judge: Hon. Mark Holder DISMISS APPEAL: Per Curiam Before Justices Jennings, Hanks and Bland 01-08-00215-CV Debbie Richardson and John E. Maher v. Custom Corporates, Inc. and Theresa Wood Appeal from 10th District Court of Galveston County TSU v. Gilford (Tex.App.-Houston [1st Dist.] Jan. 8, 2009)(Wilson) (TTCA, plea to the jurisdiction properly denied) AFFIRM TC JUDGMENT: Opinion by Judge Wilson Before Chief Justice Radack, Judge Wilson, Justice Higley 01-08-00399-CV Texas Southern University v. Mary Gilford Appeal from 295th District Court of Harris County Trial Court Judge: Hon. Tracy Christopher Chu v. Fields (Tex.App.-Houston [1st Dist.] Jan. 8, 2009)(Alcala) (HCLC, inadequate health care liability expert report, dismissed on appeal) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Alcala Before Justices Taft, Keyes and Alcala 01-08-00417-CV Ching-Chiang Chu, M.D.; Thomas Jackson Cartwright, M.D.; and K.S.F. Orthopaedic Center, P.A. v. Jerry Robert Fields, Myrna Fields, Individually and a/n/f of Brittain Taylor Fields and Emily Brooks Fields-- Appeal from 215th District Court of Harris County Trial Court Judge: Hon. Levi J. Benton Skloss v. Perez (Tex.App.- Houston [1st Dist.] Jan. 8, 2009)(Higley) (prof. counseling malpractice, HCLC) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00484-CV Belinda K. Skloss v. Sandar J. Perez, et al., Appeal from 122nd District Court of Galveston County Trial Court Judge: Hon. John Ellisor DISMISS APPEAL: Per Curiam Before Justices Jennings, Hanks and Bland 01-08-00649-CV David Smith v. Johnnie Mae Hawkins Appeal from County Civil Court at Law No 4 of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Hanks and Bland 01-08-00676-CV Al Yazdchi v. Frost Bank Appeal from County Civil Court at Law No 4 of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Hanks and Bland 01-08-00689-CV KM Timbercreek, LLC v. Harris County Appraisal District Appeal from 334th District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Taft and Higley 01-08-00690-CV Plaza At 610 Commons Inc. v. Harris County Appraisal District Appeal from 334th District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Taft and Higley 01-08-00745-CV Iliana Arroya and Jose Arroyo v. Luisa Aguilar Maravilla Appeal from Co Civil Ct at Law No 3 of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Hanks and Bland 01-08-00761-CV GTE Southwest, Inc., d/b/a Verizon Southwest v. City of Nassau Bay Appeal from County Civil Court at Law No 4 of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Keyes and Higley 01-08-00956-CV Stephen Oglesby v. Curtis Smith and John Smith, as Heirs and Personal Representatives of the Estate of Mamie Mullins Smith Appeal from 80th District Court of Harris County Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00923-CR Juan Carlos Molina v. The State of Texas Appeal from 174th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00924-CR Juan Carlos Molina v. The State of Texas Appeal from 174th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Keyes, Alcala and Bland 01-07-00940-CR Richard Wayne Davison v. The State of Texas Appeal from 230th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00010-CR Joshua Ray Juarez v. The State of Texas Appeal from 182nd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-08-00055-CR Clarence Ray Randolph v. The State of Texas Appeal from 177th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00128-CR Mark Alan Evans v. The State of Texas Appeal from County Court at Law No 3 of Galveston County MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Jennings Before Justices Jennings, Hanks and Bland 01-08-00140-CR Donald Raye Washington v. The State of Texas Appeal from 230th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-08-00225-CR Troy Keith Lockett v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland) 01-08-00331-CR Robert Narvaez v. The State of Texas Appeal from 351st District Court of Harris County |
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| Harris County Trial Courts and Judges |