Harris County District Court Judges

11th  Judge Mike Miller (2009)
11th  Judge Mark Davidson (former)  
55th  
Judge Dion Ramos (elected 2008)
55th  Judge Jeff Shadwick (former)
55th  Judge Jeff Brown (former)
61st  Judge Al Bennet (2009)
61st  Judge John Donovan (former)
80th  Judge Lynn Bradshaw-Hull
113th  Judge Patricia Hancock
125th  Judge Kyle Carter (2009)
125th  Judge John Coselli (former)
127th  Judge R. K. Sandill (2009)
127th  Judge Sharolyn Wood (former)
129th  Judge Michael Gomez (2009)
129th  Judge Grant Dorfman (former)
133th  Judge Jaclanel McFarland (2009)
133th  Judge Lamar McCorkle (former)
151st   Judge Mike Engelhart (2009)
151st   Judge Caroline E. Baker (former)
152nd  Judge Robert Schaffer (2009)
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164th   Judge Martha Hill Jamison (former)
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165th   Judge Elizabeth Ray (former)
189th   Judge Bill Burke
190th   Judge Patricia Kerrigan (reelected '08)
190th   Hon. Jennifer W. Elrod (now on 5th Cir)
215th   
Judge Steven E. Kirkland (2009)
215th   Judge Levi Benton (former)
234th   Judge Reece Rondon
269th   Judge Dan Hinde (appointed 2008)
269th   John T. Wooldridge (resigned 2008)
270th   Judge Brent Gamble
280th   Judge Tony Lindsay
281st   Judge Sylvia Matthews (appt'd 2008)
281st   Judge David J. Bernal (resigned 2008)
295th   Judge Tracy E. Christopher
333rd  Judge Joseph James "Tad" Halbach Jr.
334th  Judge Sharon McCally (reelected 2008)
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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
Chartamia Washington v. Insurex, Inc.
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
January 2009 Cases Decided by the First Court of Appeals | Houston, TX
(Tex. App.- Houston [1st Dist.] 2009)
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