July 2009 Cases Decided by the First Court of Appeals | Houston, TX
(Tex. App.- Houston [1st Dist.] 2009)
Also see ----> 2009 Texas Supreme Court Decisions | Tex. 2008 | Tex. 2007 | Tex. 2006 | Tex. Case Notes | Texas Appeals Court Statistics  
Also see ----> Houston Courts and Judges | Fourteenth Court of Appeals Cases | Houston Courts & Cases Blog | Austin Case Law Blog
 


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
script src="http://www.google-analytics.com/urchin.js" type="text/javascript">
Find Houston
Cases and
Case Law on

ADR in Family Court
Amicus & Ad Litem
Attorney's Fees
Attorney Malpractice
Animal Law Cases
Arb Award Confirmation
Arbitration Case Law
Attorney Fee Litigation
Auto Accident Cases
Bill of Review Cases
Car Wreck Litigation
Child Support Cases
City of Houston Cases
Consumer Case Law
Condemnation Suits
Constitutional Challenges
Construction Law
Contractors &
Subcontractors
Contempt of Court
DFPS Termination Suits
Credit Card Suits
Default Judgments
Discovery Disputes
Divorce Suits & SAPCR
Division of Property
Election Law Litigation
Eminent Domain Cases
Employment Law
Ethics and Recusal
Expunction Cases
Family Law Cases
Family Mediation ADR
Firefighter Litigation
Foreclosure Law
Foreign Judgments
Government Entities
Grandparent Rights
Health Care Coverage
Healthcare Liability
Homeowner Law
Insurance Litigation
International Family Law
Juvenile Cases
Labor and Employment
Legal Malpractice Suits
Breach of Lease Cases
Landlord-Tenant Disputes
Medical Coverage
Medical Malpractice
Modification SAPCR Suits
Official Immunity Cases
Paternity Suits
Post-Divorce Actions
Premises Liability
Probate Court Cases
Property Tax Appeals
Public Employment
Real Estate Litigation
Restaurant Litigation
Restricted Appeal
Sanctions Case Law
SAPCR Modification
School Law Cases
School Districts
Slip and Fall Suits
Sovereign Immunity
Temporary Injunctions
Texas Tort Claims Act
Worklpace Safety Injury
Venue Challenges
HOUSTON CASE LAW BLOG
AUSTIN CASE LAW BLOG
TEXAS CASE LAW
APPEALS COURT JUDGES
Chief Justice Radack
Justice Alcala
Justice Bland
Justice Hanks
Justice Higley
Justice Jennings
Justice Keyes
Justice Massengale
Former Justice Nuchia
Former Justice Taft
New Justice Massengale
Dissents and Concurrences
DECIDED CASES AND
OPINIONS
January 2008 Decisions
February 2008 Decisions
March 2008 Decisions
April 2008 Decisions
May 2008 Decisions
June 2008 Decisions
July 2008 Decisions
August 2008 Decisions
September 2008 Decisions
October 2008 Decisions
November 2008 Decisions
December 2008 Decisions
January 2009 Decisions
February 2009 Decisions
March 2009 Decisions
April 2009 Decisions
May 2009 Decisions
June 2009 Decisions
July 2009 Decisions
August 2009 Decisions
2007 1st CoA Opinions
2008 1st CoA Opinions
14th Court of Appeals
2007 Houston
Appeals Court Opinions
2008 Opinions
Harris County Trial Courts
and Judges