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July 2009 Decisions and Opinion Release Dates: July 1, 2, 7, 9, 10, 14, 15, 16, 20, 22, 23, 24, 30, 2009 JULY 2009 CIVIL CASE TABLE Released Opinions July 30, 2009 Civil Causes Decided: Goffney v. HISD (Tex.App.- Houston [1st Dist.] Jul. 30, 2009)(Hanks) (delinquent property tax suit, standing to appeal, preservation of error re: constitutional challenge, due process challenge, inadequate briefing results in waiver of argument on appeal) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Keyes, Hanks and Bland 01-08-00063-CV Willie H. Goffney and Gladys R. Goffney v. Houston Independent School District Appeal from 165th District Court of Harris County Trial Court Judge: Hon. Elizabeth Ray Brock v. Fannie Mae (Tex.App.- Houston [1st Dist.] Jul. 30, 2009)(per curiam) (appeal dismissed due to nonpayment for appellate record) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Sharp 01-08-00848-CV Loretter Brock v. Fannie Mae Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: Hon. Jacqueline Lucci Smith Clark v. Clark (Tex.App.- Houston [1st Dist.] Jul. 30, 2009)(appellant moved to dismiss appeal; motion granted) DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Higley 01-08-00885-CV Lee Clark v. Marie L. Clark Appeal from Probate Court No 3 of Harris County Trial Court Judge: The Honorable Rory R. Olsen Criminal Causes Decided Jul. 30, 2009 AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Alcala and Higley 01-07-00717-CR Frank Preston Spencer v. The State of Texas Appeal from 339th District Court of Harris County OPINION CONCURRING WITH THIS COURT'S JUDGMENT: Concurring Opinion by Justice Jennings Before Justices Jennings, Keyes and Higley 01-07-00824-CR Leeroy Cesar Carballo v. The State of Texas Appeal from 179th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Keyes and Higley 01-07-00824-CR Leeroy Cesar Carballo v. The State of Texas from 179th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Keyes, Hanks and Bland 01-08-00287-CR Anthony Jerome Somerville v. The State of Texas Appeal from 177th District Court of Harris County Released Opinions July 24, 2009 Civil Case(s): Kennamer v. The Estate of Alwin Noblitt (Tex.App.- Houston [14th Dist.] 2009)(Higley) (animal law, liability of injuries caused by cow running loose, ownership of cow disputed, summary judgment, no ownership, no duty, no liability) 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 Ct of Brazoria County Trial Court Judge: Hon. Mark Holder CASE WITH DISSENT: Dissenting Opinion by Justice Keyes (criticizing panel for subverting summary judgment standard and permitting resolution of issues of disputed fact by summary judgment, crediting evidence submitted by movant). July 23, 2009 Civil Causes Decided: MasTec North America, Inc. v. El Paso Field Services, LP (Tex.App.- Houston [1st Dist.] Jul. 23, 2009)(Higley) (oil and gas business, pipeline replacement, breach of contract, due diligence lacking, JNOV reversed, entry of judgment on jury verdict ordered) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley Before Justices Jennings, Keyes and Higley 01-07-00319-CV MasTec North America, Inc. and Mastec, Inc. v. El Paso Field Services, L.P. and Gulfterra South Texas, L.P. f/n/a El Paso South Texas, L.P. Appeal from 334th District Court of Harris County OPINION DISSENTING TO THE COURT'S JUDGMENT: Dissenting Opinion by Justice Jennings Cobb v. Morace (Tex.App.- Houston [1st Dist.] Jul. 23, 2009)(Jennings)(mediated settlement agreement MSA, breach of settlement agreement)(summary judgment addressed more issues than covered by motion) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings Before Justices Jennings, Hanks and Bland 01-07-01036-CV W. Neil Cobb v. Johnny B. Morace and Geo-Lab, Inc. Appeal from 269th District Court of Harris County Trial Court Judge: Hon. John Thomas Wooldridge DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Taft and Sharp 01-08-00235-CV In re W. Dow Hamm, III Corporation and W. Dow Hamm, III Appeal from 61st District Court of Harris County Cassidy v. TeamHealth, Inc. (Tex.App.- Houston [1st Dist.] Jul. 23, 2009)(Jennings)(no standing to pursue declaratory judgment claim, plea to the jurisdiction, opportunity to amend pleadings not exercised) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Keyes and Higley 01-08-00324-CV Crystal Cassidy v. The American Academy of Emergency Medicine, The Texas Academy of Emergency Medicine and Richard J. Ybarra v. TeamHealth, Inc., TeamHealth, P.A., Memorial Hermann Healthcare System, ACS Primary Care Physcians Southwest, P.A., and Teamhealth West Appeal from 80th District Court of Harris County Trial Court Judge: Hon. Lynn Bradshaw-Hull Expo Motorcars, LLC v. HCAD (Tex.App.-Houston [1st Dist.] Jul. 23, 2009)(Jennings) (tax protests suit, constitutionality, due process, motor vehicle inventory value) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Keyes and Higley 01-08-00473-CV Expo Motorcars, LLC. v. Harris County Appraisal District, Harris County Appraisal Review Board Appeal from 270th District Court of Harris County Ferro v. Dinicolantonio (Tex.App.- Houston [1st Dist.] Jul. 23, 2009)(per curiam dismissal) (grant of final judgment renders appeal of temporary injunction moot)(judicial notice of signed final judgment) DISMISS APPEAL: Per Curiam Before Justices Taft, Bland and Sharp 01-08-00744-CV Edward Ferro, Edward Orechia v. Arthur Dinicolantonio and Stephen Dinicolantonio Appeal from County Court at Law No 3 of Galveston County Trial Court Judge: Hon. Roy M. Quintanilla Schuring v. Kingwood Horsemen's Association (Tex.App.- Houston [1st Dist.] Jul. 23, 2009)(Bland) (no jurisdiction over further appeal from eviction appeal to county court from JP court involving nonresidential premises, here horse stall) DISMISS APPEAL: Opinion by Justice Bland Before Justices Keyes, Hanks and Bland 01-08-00760-CV Thomas G. Schuring, Rose Schuring v. Kingwood Horsemen's Association Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: Hon. Jacqueline Lucci Smith Johnson v. DFPS (Tex.App.- Houston [1st Dist.] Jul. 23, 2009)(Bland)I(termination of parental rights, constructive abandonment) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Taft, Bland and Sharp 01-08-00795-CV Dashonnon D. Johnson, Sr. v. Department of Family and Protective Services Appeal from 314th District Court of Harris County Trial Court Judge: Hon. John Phillips In Re Bashaw & Co. (Tex.App.- Houston [1st Dist.] Jul. 23, 2009)(Keyes)(arbitration, direct benefits estoppel) GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Keyes Before Justices Keyes, Hanks and Bland 01-08-00803-CV In re James E. Bashaw & Co. Appeal from 133rd District Court of Harris County Trial Court Judges: Lamar McCorkle | Jaclanel McFarland DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Bland 01-09-00580-CV McCall-TL, Ltd., d/b/a Sterling McCall Lexus; McCall-T, Ltd.,d/b/a Sterling McCall Acura; McCall-HA, Ltd., d/b/a Acura Southwest; Maxwell-NII, Inc., d/b/a Round Rock Nissan; Maxwell-N, Ltd., d/b/a Maxwell Nissan Town North, et al. v. American National Insurance Company Appeal from 212th District Court of Galveston County Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Keyes and Higley 01-07-00672-CR Quintin Fernandez Wiggins v. The State of Texas Appeal from 338th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Chief Justice Radack, Justices Taft and Sharp 01-08-00397-CR Kenric Lavaugh Jackson v. The State of Texas Appeal from 338th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Alcala and Higley 01-08-00582-CR John Paul Mcintosh v. The State of Texas Appeal from 434th District Court of Fort Bend County July 22, 2009 Civil Causes Decided: DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam (mandamus re: application to take depositions before suit denied) Before Justices Keyes, Hanks and Bland 01-09-00074-CV In re Rdevco LLC d/b/a Richmond Development Compan Appeal from 11th District Court of Harris County Trial Court Judge: Hon. Mike Miller Criminal Causes Decided: July 20, 2009 Civil Causes Decided: DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Hanks, Higley and Bland 01-09-00635-CV In re Harriette Stephen and Oscar Stephen Appeal from 55th District Court of Harris County Trial Court Judge: Hon. Dion Ramos Criminal Causes Decided: July 16, 2009 <-- Click for docket Civil Causes Decided: Cricket Hollow Partners, L.P. v. MMA Cricket Hollow, LLC (Tex.App.- Houston [1st Dist.] Jul. 16, 2009)(Jennings) (partnership agreement, interpretation, construction of contract) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Keyes and Higley 01-08-00254-CV Cricket Hollow Partners, L.P. and Cricket Hollow Development, Inc. v. MMA Cricket Hollow, LLC Appeal from 11th District Court of Harris County Trial Court Judge: Hon. Mark Davidson Poock v. Washington Mutual Bank [WaMu] (Tex.App.- Houston [1st Dist.] Jul. 16, 2009)(Jennings) (venue caselaw, mandatory venue, transfer required) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings Before Justices Jennings, Keyes and Higley 01-08-00415-CV Steven Poock & David Edwards v. Washington Mutual Bank Appeal from 270th District Court of Harris County Trial Court Judge: Hon. Brent Gamble Amidei v. HCAD (Tex.App.- Houston [1st Dist.] Jul. 16, 2009)(Higley) (HCAD property tax appeals, property tax appraisal protests, excessive tax appraisal claim rejected, admissibility of evidence) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Alcala and Higley 01-08-00833-CV Maurice Amidei and Sara Amidei v. Harris County Appraisal District, Appraisal Review Board of Harris County Appeal from 125th District Court of Harris County Trial Court Judge: Hon. John Coselli Twyman v. Twyman (Tex.App.- Houston [1st Dist.] Jul. 16, 2009)(Keyes) (trustee removal, temporary injunction appeal fails, UDJA claim) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Hanks and Bland 01-08-00904-CV Nancy D. Twyman v. William Earl Twyman Appeal from Probate Court No 1 of Harris County Trial Court Judge: Hon. Russell Austin Lockhart, MD v. Guyden (Tex.App.- Houston [1st Dist.] Jul. 16, 2009)(Sharp) (ILA, denial of motion to dismiss found error, sufficiency of expert report in HCLC suit, wrongful death) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Sharp Before Justices Taft, Bland and Sharp 01-08-00983-CV Christopher Lockhart, M.D. v. Normell W. Guyden, Individually and as Heir to the Estate of Natalie J. Guyden, Deceased Appeal from 113th District Court of Harris County Trial Court Judge: Hon. Patricia Hancock M.H. v. State of Texas iio M.H. (Tex.App.- Houston [1st Dist.] Jul. 16, 2009)(Keyes) (appeal from order authorizing the administration of psychoactive medications, mental health intervention) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Hanks and Bland 01-09-00205-CV The State of Texas for the Best Interest and Protection of M. H. Appeal from County Court at Law of Cherokee County Trial Court: County Court at Law Trial Court Judge: Judge Craig A. Fletcher (Tex.App.- Houston [1st Dist.] Jul. 16, 2009)(per curiam dismissal) DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Higley 01-09-00455-CV Trinity Workplace Learning Corporation v. Technomedia International, Inc. Appeal from 190th District Court of Harris County Trial Court Judge: Hon. Patricia J. Kerrigan Criminal Causes Decided: DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Higley 01-07-00073-CR Dane Coty Espinosa a/k/a Dane Coty Espinoza v. The State of Texas Appeal from 149th District Court of Brazoria County AFFIRM TC JUDGMENT: Per Curiam Before Justices Jennings, Alcala and Higley 01-07-00302-CR Edgar Vernell Quiller v. The State of Texas Appeal from 9th District Court of Waller County AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Jennings, Keyes and Higley 01-07-00720-CR Mykaya Lee Riley v. The State of Texas Appeal from 434th District Court of Fort Bend County AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Jennings, Keyes and Higley 01-07-00721-CR Mykaya Lee Riley v. The State of Texas Appeal from 434th District Court of Fort Bend County AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Jennings, Keyes and Higley 01-07-00722-CR Mykaya Lee Riley v. The State of Texas Appeal from 434th District Court of Fort Bend County AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Justices Taft, Bland and Sharp 01-07-00782-CR Tommy Joe Green v. The State of Texas Appeal from 56th District Court of Galveston County DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Higley 01-08-00123-CR Frank Johnson, III v. The State of Texas Appeal from 337th District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam Before Justices Jennings, Alcala and Higley 01-08-00124-CR Frank Daniel Johnson v. The State of Texas Appeal from 337th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Keyes, Hanks and Bland 01-08-00173-CR Alejandro Farias Gonzales v. The State of Texas Appeal from 248th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Hanks and Bland 01-08-00205-CR Lamar Dunta Perkins v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam Before Justices Jennings, Alcala and Higley 01-08-00245-CR Federico Roland Garza Jr. v. The State of Texas Appeal from Co Crim Ct at Law No 3 of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Higley 01-08-00268-CR Randy Lorine Carroll v. The State of Texas Appeal from 77th District Court of Limestone County AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Chief Justice Radack, Justices Taft and Sharp 01-08-00367-CR Leon Ledet v. The State of Texas Appeal from Co Crim Ct at Law No 2 of Harris County AFFIRM TC JUDGMENT: Per Curiam Before Justices Keyes, Hanks and Bland 01-08-00816-CR Patrick Monroe Salinas v. The State of Texas Appeal from 240th District Court of Fort Bend County Released Opinion July 15, 2009 Civil Cases Decided: In re Weeks Marine, Inc. (Tex.App.- Houston [1st Dist.] Jul. 15, 2009)(per curiam) (mandamus relief re: independent medical examination denied) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Hanks and Bland 01-09-00603-CV In re Weeks Marine, Inc. Appeal from 334th District Court of Harris County Trial Court Judge: Hon Sharon McCally Criminal Causes Decided: July 14, 2009 Civil Causes Decided: In Re Fabian (Tex.App. - Houston [1st Dist.] Jul. 14, 2009)(per curiam) (mandamus relief re: motion to show authority denied) DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Hanks and Bland 01-09-00557-CV In re Maria E. Fabian Appeal from 11th District Court of Harris County Trial Court Judge: Hon. Mike Miller In Re Forward (Tex.App.- Houston [1st Dist.] Jul. 14, 2009)(per curiam) (mandamus re: provision of free appellate record denied) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Alcala and Higley 01-09-00626-CV In re John Patrick Forward Appeal from 80th District Court of Harris County Trial Court Judge: Hon. Larry Weiman Criminal Causes Decided: July 10, 2009 Civil Causes Decided: In re Northern Natural Gas Co. (Tex.App.- Houston [1st Dist.] Jul. 10, 2009)(per curiam denial of mandamus) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Taft and Sharp 01-09-00440-CV In re Northern Natural Gas Company Appeal from 269th District Court of Harris County Trial Court Judge: Hon. Dan Hinde Criminal Causes Decided: July 9, 2009 Civil Causes Decided: Azteck International Business Corporation v. UPI Communications (Tex.App.- Houston [1st Dist.] Jul. 9, 2009)(Sharp) (finality issue, no final order from which appeal may be taken)(DWOJ) DISMISS APPEAL: Opinion by Justice Sharp Before Chief Justice Radack, Justices Taft and Sharp 01-07-00907-CV Azteck International Business Corporation v. UPI Communications Appeal from 295th District Court of Harris County Trial Court Judge: Hon. Tracy Christopher Jimenez v. Dunham (Tex.App.- Houston [1st Dist.] Jul. 9, 2009) (Keyes) (jury trial breach of contract judgment affirmed) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Hanks and Bland 01-08-00117-CV Jose Raul Jimenez v. Teresa Dunham Appeal from 113th District Court of Harris County Trial Court Judge: Hon. Patricia Hancock (Tex.App.- Houston [1st Dist.] Jul. 9, 2009) (per curiam dismissal) DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Higley 01-08-00688-CV Errol Lynn Johnson v. Equfunding Appeal from 215th District Court of Harris County Trial Court Judge: Hon. Levi J. Benton Harrison v. Smith (Tex.App.- Houston [1st Dist.] Jul. 9, 2009) (per curiam) (agreed set-aside of final judgment for entry of agreed judgment) SET ASIDE TC JUDGMENT AND REMAND CASE TO TC FOR RENDITION OF JUDGMENT IN ACCORDANCE WITH PARTIES' AGREEMENT: Per Curiam Before Justices Keyes, Hanks and Bland 01-09-00035-CV Jim Harrison v. Carl Smith Appeal from 270th District Court of Harris County Trial Court Judge: Hon. Brent Gamble (Tex.App.- Houston [1st Dist.] Jul. 9, 2009) (per curiam dismissal) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Sharp 01-09-00069-CV Perigeum Developement, Incorporated v. Edward Bachman Appeal from 164th District Court of Harris County Trial Court Judge: Hon Alexandra Smoots-Hogan (Tex.App.- Houston [1st Dist.] Jul. 9, 2009) DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Bland 01-09-00244-CV Pride Emergency Medical Services, LLC v. Robert Berleth, Individually, and D/B/A Greystone Medical Services Appeal from 80th District Court of Harris County Trial Court Judge: Hon. Larry Weiman (Tex.App.- Houston [1st Dist.] Jul. 9, 2009) DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Bland 01-09-00375-CV Todd I. White v. Dyck O'Neal, Inc. Appeal from 127th District Court of Harris County Trial Court Judge: Hon. Ravi K. Sandill (Tex.App.- Houston [1st Dist.] Jul. 9, 2009) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Sharp 01-09-00518-CV Gerald D. Murphy v. Kingwood Lakes South, L.P.,Tenzer Company, Inc. and/or Anthony M. Frank Appeal from 151st District Court of Harris County Trial Court Judge: Hon. Michael Engelhart Trial Court Case #:9516749 (Tex.App.- Houston [1st Dist.] Jul. 9, 2009) DISMISS APPEAL: Opinion by Justice Sharp Before Chief Justice Radack, Justices Taft and Sharp 01-09-00544-CV Azteck International Business Corporation v. UPI Communications Appeal from 295th District Court of Harris County Trial Court Judge: Hon. Tracy Christopher Trial Court Case #:0578680 Criminal Causes Decided July 9, 2009: AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Keyes, Hanks and Bland 01-07-01085-CR Jimmy Dale Truitt v. The State of Texas Appeal from 278th District Court of Grimes County AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Keyes, Hanks and Bland 01-07-01086-CR Jimmy Dale Truitt v. The State of Texas Appeal from 278th District Court of Grimes County AFFIRM TC JUDGMENT: Per Curiam Before Chief Justice Radack, Justices Taft and Sharp 01-08-00083-CR De'Erick Deshawn Pratt v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam Before Chief Justice Radack, Justices Taft and Sharp 01-08-00136-CR De'Erick Deshawn Pratt v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam Before Chief Justice Radack, Justices Taft and Sharp 01-08-00577-CR Luis Hector Fugon v. The State of Texas Appeal from 232nd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Keyes, Hanks and Bland 01-08-00788-CR Sandra Ballesteros v. The State of Texas Appeal from 400th District Court of Ft. Bend County AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Keyes, Hanks and Bland 01-08-00876-CR Carolyn Gulley Bolts v. The State of Texas Appeal from 177th District Court of Harris County DISMISS APPEAL: Opinion by Justice Taft Before Chief Justice Radack, Justices Taft and Sharp 01-09-00109-CR Gerald Earl Gilbert v. The State of Texas Appeal from 228th District Court of Harris County Released Opinions July 7, 2009 Civil Causes Decided: None this day Criminal Causes Decided: DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Taft and Sharp 01-09-00496-CR In re Lorenzo Rubio Quintero Appeal from 179th District Court of Harris County July 2, 2009 Civil Causes Decided: Potter v. Clear Channel Outdoor, Inc. (Tex.App.- Houston [1st Dist.] Jul. 2, 2009)(Taft) (billboard lease, billboard lease, construction of lease, contract interpretation, quantum meruit, declaratory judgment, UDJA, attorney's fees) AFFIRM TRIAL COURT JUDGMENT IN PART, REVERSE TRIAL COURT JUDGMENT IN PART, AND REMAND CASE TO TRIAL COURT FOR FURTHER PROCEEDINGS: Opinion by Justice Taft Before Chief Justice Radack, Justices Taft and Sharp 01-07-00578-CV Larry E. Potter v. Clear Channel Outdoor, Inc. Appeal from 333rd District Court of Harris County Trial Court Judge: Hon. Joseph Halbach Lawrence v. Geico (Tex.App.- Houston [1st Dist.] Jul. 2, 2009)(Sharp) (car wreck, subrogation claim in car collision, SoL, diligence in procuring service on defendant, admission of evidence, police report, requirements for proper evidentiary objection, specificity, hearsay objection) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Sharp Before Justices Taft, Bland and Sharp 01-07-00873-CV Jonathan A. Lawrence v. Geico General Insurance Company, as Subrogee Appeal from the 405th District Court of Galveston County Trial Court Judge: Hon. Wayne J. Mallia Merenco Realty, Inc. v. Mobil Producing Texas & New Mexico, Inc. (Tex.App.- Houston [1st Dist.] Jul. 2, 2009) (per curiam) (joint motion to dismiss moots appeal) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00401-CV Merenco Realty, Inc. v. Mobil Producing Texas & New Mexico, Inc., and ExxonMobil Oil Corporation Appeal from 80th District Court of Harris County Trial Court Judge: Hon. Kent C. Sullivan Harris County v. Hinojosa (Tex.App.- Houston [1st Dist.] Jul. 2, 2009) (worker's comp appeal, whether auto accident occurred in course and scope of officer's employment) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Elsa Alcala Before Justices Jennings, Alcala and Higley 01-08-00439-CV Harris County v. Eluid Hinojosa Appeal from 55th District Court of Harris County Trial Court Judge: Hon. Jeffrey A. Shadwick In the Matter of CJ, III (Tex.App.- Houston [1st Dist.] Jul. 2, 2009)(Alcala) (juvenile law: disposition adjudication, evidentiary sufficiency) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Alcala Before Justices Jennings, Alcala and Higley 01-08-00771-CV In the Matter of C.J. III Appeal from 314th District Court of Harris County Trial Court Judge: Hon. John Phillips Cobbs v. Stern, Miller & Higdon (Tex.App.- Houston [1st Dist.] Jul. 2, 2009)(Alcala) (denial of special appearance reversed in interlocutory appeal, attorney-client disputes and litigation, void or voidable contracts, solicitation of clients contingency fee agreement as against public policy, affidavit testimony by interested witness, interlocutory appeal-special appearance) REVERSE TRIAL COURT JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Alcala Before Justices Jennings, Alcala and Higley 01-09-00112-CV John L. Cobbs v. Stern, Miller & Higdon Appeal from 151st District Court of Harris County Trial Court Judge: Hon. Michael Engelhart In re Halliburton Co. (Tex.App.- Houston [1st Dist.] Jul. 2, 2009)(Sharp) (arbitration mandamus) (FAA: trial court should have granted motion to compel arbitration in employment dispute) GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Sharp Before Chief Justice Radack, Justices Taft and Sharp 01-09-00150-CV In re Halliburton Company Appeal from 133rd District Court of Harris County Trial Court Judge: Jaclanel M. McFarland Criminal Causes Decided: Layton v. The State of Texas (Tex.App.- Houston [1st Dist.] Jul. 2, 2009)(Jennings)(DWI case, admission of challenged portions of video tape recording) REVERSE TRIAL COURT JUDGMENT AND REMAND CASE TO TRIAL COURT FOR FURTHER PROCEEDINGS: http://www.1stcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=86823 Opinion by Justice Jennings Before Justices Jennings, Alcala and Higley 01-05-00950-CR Daniel Layton v. The State of Texas Appeal from Co Crim Ct at Law No 2 of Harris County Jackson v. The State of Texas (Tex.App.- Houston [1st Dist.] Jul. 2, 2009) (incorrect classification of offense) MODIFY TRIAL COURT JUDGMENT AND AFFIRM TRIAL COURT JUDGMENT AS MODIFIED: http://www.1stcoa.courts.state.tx.us/opinions/PDFOpinion.asp?OpinionId=86826 Before Chief Justice Radack, Justices Taft and Sharp 01-07-00859-CR Jimmy Jackson v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Alcala Before Justices Jennings, Alcala and Higley 01-07-00984-CR Jared Daniel v. The State of Texas Appeal from 185th District Court of Harris County AFFIRM TRIAL COURT JUDGMENT: Per Curiam Before Justices Jennings, Alcala and Higley 01-08-00226-CR Frank Anthony Picone v. The State of Texas Appeal from 184th District Court of Harris County AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Sharp Before Chief Justice Radack, Justices Taft and Sharp 01-08-00284-CR John C. Theus v. The State of Texas Appeal from 263rd District Court of Harris County AFFIRM TRIAL COURT JUDGMENT: Per Curiam Before Justices Jennings, Keyes and Higley 01-08-00330-CR Ray Lee Douglas v. The State of Texas Appeal from 232nd District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00350-CR Mark Evans Pipkin v. The State of Texas Appeal from 434th District Court of Fort Bend County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00352-CR Mark Evans Pipkin v. The State of Texas Appeal from 434th District Court of Fort Bend County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00353-CR Mark Evans Pipkin v. The State of Texas Appeal from 434th District Court of Fort Bend County AFFIRM TRIAL COURT JUDGMENT: Per Curiam Before Chief Justice Radack, Justices Taft and Sharp 01-08-00564-CR Kelly Michael McBride v. The State of Texas Appeal from 252nd District Court of Jefferson County AFFIRM TRIAL COURT JUDGMENT: Per Curiam Before Justices Taft, Bland and Sharp 01-08-00605-CR William Serrano v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Alcala and Higley 01-08-00880-CR Enzo Sanchez v. The State of Texas Appeal from 351st District Court of Harris County Released Opinions July 1, 2009 Civil Causes Decided: In Re T&L Distributing, LP (Tex.App.- Houston [1st Dist.] Jul. 1, 2009) (per curiam denial of mandamus) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Taft and Sharp 01-09-00573-CV In Re Re T & L Distributing, L.P. and Walter J. Autry Appeal from 129th District Court of Harris County Trial Court Judge: Hon. Michael Gomez Criminal Causes Decided: None this day |
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