June 2009 Cases Decided by the First Court of Appeals | Houston, TX
(Tex. App.- Houston [1st Dist.] 2009)
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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)
152nd  Judge Kenneth Wise (former)
157th   Judge Randall Wilson
164th   Judge Alexandra Smoots-Hogan (2009)
164th   Judge Martha Hill Jamison (former)
165th   Judge Josefina Muniz Rendon (2009)
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   
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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
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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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June 2009 Decisions and Opinion Release Dates:  

June 3, 4, 5, 8, 11, 18, 24, 25, 26, 2009           

JUNE 2009 CIVIL CASE TABLE

Released Opinions

June 26, 2009 [ click for docket ]

Civil Causes Decided:

In re The Methodist Hospital (Tex.App. Houston [1st Dist.] Jun. 26, 2009)(per curiam denial)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam  
Before Chief Justice Radack, Justices Taft and Sharp
01-09-00576-CV In re The Methodist Hospital
Appeal from 125th District Court of Harris County
Trial Court
Judge: Hon. Kyle Carter  .

Criminal Causes Decided: None this day

June 25, 2009

Civil Causes Decided:

DBHL, Inc. v. Moen Inc. (Tex.App.- Houston [1st Dist.] Jun. 25, 2009)(Opinion by Bland)
(
product liability, no indemnity owed)
AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice
Jane Bland     
Panel members: Justices Taft, Bland and Sharp   
01-08-00046-CV DBHL, Inc. and Dearborn HL, S. de R.L. de C.V.
v. Moen Incorporated and Moen Sonora S.A. de C.V.   
Appeal from 295th District Court of Harris County
Trial Court Judge:
Hon. Tracy Christopher  

Solomon-Williams v. Desai (Tex.App.- Houston [1st Dist.] Jun. 25, 2009)(Opinion by Bland)  
(
med mal suit, failure to timely file expert report, constitution challenges, due process, open courts)
AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice
Jane N. Bland     
Panel members: Justices Keyes, Hanks and Bland   
01-08-00733-CV Donna Solomon-Williams v. Shetal Nicholas Desai, Individually, and d/b/a Foot Centers of
America, Foot Centers of Texas, PLLC, and The Methodist Hospital   
Appeal from 268th District Court of Fort Bend County

Martinez v. Melendez (Tex.App.- Houston [1st Dist.] Jun. 25, 2009)(Opinion by Bland)
(
wrongful death, dump truck wreck, negligent hiring, training, supervision, training, and negligence per se
claims)(no imposition of vicarious liability through proof of an employer-employee relationship,
right to control
test for employee or independent contractor status)
AFFIRM TRIAL COURT JUDGMENT: Opinion by
Justice Jane Nenninger Bland     
Panel members: Justices Taft, Bland and Sharp   
01-08-00850-CV Luci Martinez, Individually and the Personal Representative of the Estate of Luis Martinez;
and Jose Martinez and Maria Martinez v. Moises Melendez   
Appeal from 190th District Court of Harris County
Trial Court Judge:
Hon. Patricia J. Kerrigan  

(Tex.App.- Houston [1st Dist.] Jun. 25, 2009)
DISMISS APPEAL: Per Curiam     
Panel members: Justices Jennings, Alcala and Higley   
01-08-00917-CV Rudy Martinez v. Raymond Howard   
Appeal from 133rd District Court of Harris County

(Tex.App.- Houston [1st Dist.] Jun. 25, 2009)
DISMISS APPEAL: Per Curiam     
Panel members: Justices Keyes, Hanks and Bland   
01-08-00944-CV Rickey Polk c/o Clarence Lewis III v. GMAC MTG, LLC   
Appeal from County Civil Court at Law No 4 of Harris County

East Houston Estate Apartments, LLC v. City of Houston (Tex.App.- Houston [1st Dist.] Jun. 25,
2009)(Opinion by Keyes)(city held immune, City of Mexia v. Tooke progeny, statutory waiver for breach of
contract suits against local governments not applicable)(trial court did not err in sustaining the City's plea to
the jurisdiction)
AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Evelyn Keyes     
Panel members: Justices Keyes, Hanks and Bland   
01-08-00966-CV East Houston Estate Apartments, L.L.C. v. The City of Houston   
Appeal from 333rd District Court of Harris County
Trial Court Judge:
Hon. Lamar McCorkle  

Heinrich v. Christian (Tex.App.- Houston [1st Dist.] Jun. 25, 2009)(case settled)
SET ASIDE TRIAL COURT JUDGMENT AND REMAND CASE TO TRIAL COURT FOR RENDITION OF
JUDGMENT IN ACCORDANCE WITH PARTIES' AGREEMENT: Per Curiam     
Panel members: Justices Keyes, Hanks and Bland   
01-08-00984-CV Timothy Heinrich and Boyar & Miller, P. C.
v. James Wesley Christian and Christian & Smith , L.L.P.   
Appeal from 215th District Court of Harris County
Trial Court Judge:
Hon. Levi J. Benton  

Spiller v. Richardson (Tex.App.- Houston [1st Dist.] Jun. 25, 2009)  
DISMISS APPEAL: Per Curiam     
Panel members: Justices Jennings, Alcala and Higley   
01-08-00998-CV Darryl Spiller v. Tracey Richardson   
Appeal from County Civil Court at Law No 4 of Harris County

Folicure, Inc. v Hair Club for Men, LLC (Tex.App.- Houston [1st Dist.] Jun. 25, 2009)(Opinion by Bland)
(
noncompete nonsolicitation agreement enforced, temporary injunction granted and affirmed on appeal)
AFFIRM TRIAL COURT JUDGMENT: Opinion by
Justice Bland     
Panel members: Justices Keyes, Hanks and Bland   
01-09-00024-CV Folicure, Inc., Mallory York, Bennetta Reynolds, Hamilton Daniels, and ALNA Holdings,
L.L.C., d/b/a Folicure v. Hair Club for Men, LLC d/b/a for Men and Women   
Appeal from 215th District Court of Harris County
Trial Court
Judge: Hon. Levi J. Benton  

Martin v. Martin (Tex.App.- Houston [1st Dist.] Jun. 25, 2009)(Opinion by Bland)
(
untimely notice of appeal in SAPCR modification action, attempted appeal dismissed for lack of jurisdiction)
DISMISS APPEAL: Opinion by
Justice Bland     
Panel members: Justices Keyes, Hanks and Bland   
01-09-00136-CV Mayuko Saeki Martin v. Timothy E. Martin   
Appeal from 328th District Court of Fort Bend County

In re Pernia (Tex.App.- Houston [1st Dist.] Jun. 25, 2009)(per curiam denial)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam     
Panel members: Chief Justice Radack, Justices Taft and Sharp   
01-09-00295-CV In re Sherman D. Pernia   
Appeal from 11th District Court of Harris County
Trial Court Judge:
Hon. Mike Miller  

(Tex.App.- Houston [1st Dist.] Jun. 25, 2009)
DISMISS APPEAL: Per Curiam     
Panel members: Justices Keyes, Hanks and Bland   
01-09-00400-CV Kirkwood Atrium Operating Associates, L.P. v. Residential Realtors, Inc.   
Appeal from County Civil Court at Law No 1 of Harris County

(Tex.App.- Houston [1st Dist.] Jun. 25, 2009)
DISMISS APPEAL: Per Curiam     
Panel members: Justices Jennings, Alcala and Higley   
01-09-00452-CV Quin Barfield v. Addison Search Ventures L.L.C.   
Appeal from 11th District Court of Harris County

(Tex.App.- Houston [1st Dist.] Jun. 25, 2009)  
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam     
Panel members: Justices Jennings, Alcala and Higley   
01-09-00460-CV In re Jeffrey Baladajder   
Appeal from 12th District Court of Grimes County

(Tex.App.- Houston [1st Dist.] Jun. 25, 2009)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam     
Panel members: Justices Jennings, Alcala and Higley   
01-09-00503-CV In re Ralph O. Douglas   
Appeal from 129th District Court of Harris County

Criminal Causes Decided:

AFFIRM: Opinion by Justice Bland     
Panel members: Justices Taft, Bland and Sharp   
01-08-00517-CR Pete Marin III v. The State of Texas   
Appeal from 268th District Court of Fort Bend County

AFFIRM: Opinion by Justice Higley     
Panel members: Justices Jennings, Keyes and Higley   
01-08-00604-CR Emile Anthony Lewis v. The State of Texas   
Appeal from 262nd District Court of Harris County

AFFIRM: Opinion by Justice Bland     
Panel members: Justices Keyes, Hanks and Bland   
01-08-00615-CR John Wilson Herrera v. The State of Texas   
Appeal from 184th District Court of Harris County

AFFIRM: Opinion by Chief Justice Radack     
Panel members: Chief Justice Radack, Justices Taft and Sharp   
01-08-00752-CR Rodrigo Fernando Montano v. The State of Texas   
Appeal from 184th District Court of Harris County

AFFIRM: Opinion by Chief Justice Radack     
Panel members: Chief Justice Radack, Justices Taft and Sharp   
01-08-00949-CR Marcus Wayne Hayward v. The State of Texas   
Appeal from 185th District Court of Harris County

DISMISS APPEAL: Per Curiam     
Panel members: Justices Keyes, Hanks and Bland   
01-09-00477-CR Randy Craig Austin v. The State of Texas   
Appeal from 337th District Court of Harris County

Released Opinions

June 24, 2009

Civil Causes Decided: None

Criminal Causes Decided:

DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam     
Panel members: Justices Jennings, Alcala and Higley   
01-09-00459-CR In re The State of Texas ex rel. Patricia R. Lykos, Harris County District Attorney  
Appeal from County Criminal Court at Law No 1 of Harris County

DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam     
Panel members: Justices Jennings, Alcala and Higley   
01-09-00462-CR In re The State of Texas ex rel. Patricia R. Lykos, Harris County District Attorney   
Appeal from County Criminal Court at Law No 1 of Harris County

DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam     
Panel members: Justices Jennings, Alcala and Higley   
01-09-00463-CR In re The State of Texas ex rel. Patricia R. Lykos, Harris County District Attorney   
Appeal from County Criminal Court at Law No 1 of Harris County

DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam     
Panel members: Justices Jennings, Alcala and Higley   
01-09-00464-CR In re The State of Texas ex rel. Patricia R. Lykos, Harris County District Attorney   
Appeal from County Criminal Court at Law No 1 of Harris County

DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam     
Panel members: Justices Jennings, Alcala and Higley   
01-09-00465-CR In re The State of Texas ex rel. Patricia R. Lykos, Harris County District Attorney   
Appeal from County Criminal Court at Law No 1 of Harris County

DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam     
Panel members: Justices Jennings, Alcala and Higley   
01-09-00466-CR In re The State of Texas ex rel. Patricia R. Lykos, Harris County District Attorney   
Appeal from County Criminal Court at Law No 1 of Harris County

DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam     
Panel members: Justices Jennings, Alcala and Higley   
01-09-00467-CR In re The State of Texas ex rel. Patricia R. Lykos, Harris County District Attorney   
Appeal from County Criminal Court at Law No 1 of Harris County

DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam     
Panel members: Justices Jennings, Alcala and Higley   
01-09-00468-CR In re The State of Texas ex rel. Patricia R. Lykos, Harris County District Attorney   
Appeal from County Criminal Court at Law No 1 of Harris County

DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam     
Panel members: Justices Jennings, Alcala and Higley   
01-09-00469-CR In re The State of Texas ex rel. Patricia R. Lykos, Harris County District Attorney   
Appeal from County Criminal Court at Law No 1 of Harris County

DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam     
Panel members: Justices Jennings, Alcala and Higley   
01-09-00470-CR In re The State of Texas ex rel. Patricia R. Lykos, Harris County District Attorney   
Appeal from County Criminal Court at Law No 1 of Harris County

DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam     
Panel members: Justices Jennings, Alcala and Higley   
01-09-00471-CR In re The State of Texas ex rel. Patricia R. Lykos, Harris County District Attorney   
Appeal from County Criminal Court at Law No 1 of Harris County

DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam     
Panel members: Justices Jennings, Alcala and Higley   
01-09-00472-CR In re The State of Texas ex rel. Patricia R. Lykos, Harris County District Attorney   
Appeal from County Criminal Court at Law No 1 of Harris County

DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam     
Panel members: Justices Jennings, Alcala and Higley   
01-09-00473-CR In re The State of Texas ex rel. Patricia R. Lykos, Harris County District Attorney   
Appeal from County Criminal Court at Law No 1 of Harris County

DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam     
Panel members: Justices Jennings, Alcala and Higley   
01-09-00474-CR In re The State of Texas ex rel. Patricia R. Lykos, Harris County District Attorney   
Appeal from County Criminal Court at Law No 1 of Harris County

June 18, 2009

Civil Causes Decided:

Aeternia Enterprises, U.S.A., v. Magnitogorsk Steel and Wire Works (Tex.App.- Houston [1st Dist.] Jun. 18,
2009)(Op. by Higley)(order compelling arbitration is not an appealable judgment,
DWOJ)(arbitration disputes)
DISMISS APPEAL: Opinion by
Justice Higley    
Before Justices Jennings, Alcala and Higley  
01-05-00964-CV  Aeternia Enterprises, U.S.A., Ltd. v. Magnitogorsk Steel and Wire Works    
Appeal from
133rd District Court of Harris County
Trial Court Judge: Hon. Lamar McCorkle

Fogal v. Stature Construction, Inc. (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. by Alcala)(improper
modification of arbitration award, adding of post-judgment interest, interest deleted, otherwise
confirmation of
arb award was proper)
MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: 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

Dolan v. Dolan (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Higley)
(
probate law, trustee, breach of fiduciary duty, preservation of error)
AFFIRM TC JUDGMENT: Opinion by
Justice Higley    
Before Justices Jennings, Alcala and Higley  
01-07-00694-CV  George Diehl Dolan v. Zelie M. Dolan    
Appeal from 281st District Court of Harris County
Trial Court Judge:
Hon. David J. Bernal

Walker v. DFPS (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Hanks)
(
termination of parental rights, ineffective assistance of counsel claim) (appeal with dissenting opinion)
AFFIRM TC JUDGMENT: Opinion by
Justice Hanks    
Before Justices Jennings, Hanks and Bland  
01-07-00867-CV  Frederick Dewayne Walker v. Department of Family and Protective Services    
Appeal from 314th District Court of Harris County
Trial Court Judge: Hon. John Phillips
Dissenting Opinion by Justice Jennings in Walker v. DFPS termination case   

Gundogan v. Woodgrove Condominium Assoc. (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Keyes)
(
suit for damages against Condo Assoc. re: maintainance, appeal from justice court to county court, no
appeals bond posted, appeal dismissed for lack of jurisdiction in county court DWOJ)
VACATE TC JUDGMENT AND DISMISS CASE: Opinion by
Justice Keyes   
Before Justices Jennings, Keyes and Higley  
01-07-00876-CV  Peter Kemal Gundogan v. Woodgrove Condominum
Appeal from County Civil Court at Law No 1 of Harris County
Trial Court Judge:
Hon. R. Jack Cagle

Cantu v. Salaeh (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Keyes)  (breach of contract suit,
post-answer default judgment, appellant had reasonable notice of new trial date)
AFFIRM TC JUDGMENT: Opinion by Justice Keyes    
Before Justices Keyes, Hanks and Bland  
01-08-00017-CV  Gerald Lee Cantu and Mickaeline Cantu v. Shawki Salaeh    
Appeal from 189th District Court of Harris County
Trial Court
Judge: Hon. William R. Burke. Jr.

Rapid Settlements, Ltd v. Green (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Alcala) (transfer of
structured settlement rights, grounds for vacature of arbitration award entered under the Federal Arbitration
Act (FAA), applicability of FAA, does the FAA preempt the TAA?, nonexistence of arbitration agreement
between the parties, when are nonsignatories bound to by arbitration agreement? nonparties to the
agreement, nonsignatories)(arbitrator exceeded his authority in issuing the award. See 9 U.S.C.S. § 10(a)(4).
AFFIRM TC JUDGMENT DENYING CONFIRMATION OF ARB AWARD: Opinion by
Justice Alcala    
Before Justices Jennings, Alcala and Higley  
01-08-00109-CV Rapid Settlements, Ltd. v. Jerry M. Green    
Appeal from County Civil Court at Law No 3 of Harris County
Trial Court
Judge: Hon. Linda Storey  

Ray v. McMaster (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Alcala)
(
PROBATE LAW: contractual will finding rejected, judgment reversed)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by
Justice Alcala    
Before Judge Wilson, Justices Alcala and Hanks  
01-08-00214-CV Mary Rochene Ray v. Ronald Lee McMaster    
Appeal from Probate Court No 4 of Harris County
Trial Court Judge:  Hon. William McCulloch

DISMISS APPEAL: Per Curiam    
Before Chief Justice Radack, Justices Taft and Sharp  
01-08-00434-CV  Geneva Herrera v. Department of Family and Protective Services    
Appeal from 257th District Court of Harris County

Robinson v. DPFS (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Taft)
(
no timely statement of points for termination of parental rights appeal)
AFFIRM TC JUDGMENT: Opinion by
Justice Taft   
Before Chief Justice Radack, Justices Taft and Sharp  
01-08-00479-CV Tawana Robinson v. Department of Protective and Family Services    
Appeal from 310th District Court of Harris County
Trial Court Judge: The Honorable Lisa Millard

McShaffry v. Amegy Bank N.A. (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Bland)
(
settlement reached after opinion issued, majority does not withdraw opinion, Justice Sharp would)
DISMISS APPEAL: Opinion by
Justice Bland    
Before Justices Taft, Bland and Sharp  
01-08-00493-CV  Mark S. McShaffry v. Amegy Bank National Association    
Appeal from 125th District Court of Harris County
Trial Court
Judge: Hon. John Coselli

Tilotta v. Smith (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Bland)
(untimely post-judgment motion in
termination case, no appellate jurisdicition, DWOJ)
DISMISS APPEAL: Opinion by
Justice Bland    
Before Justices Keyes, Hanks and Bland  
01-08-00587-CV  Michael S. Tilotta v. Dewana Jo Smith    
Appeal from 257th District Court of Harris County
Trial Court Judge:
Hon. Judy Warne

Rittger, MD v. Danos (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Hanks)
(
HCLC expert report sufficiency challenged, interlocutory appeal, ILA)
AFFIRM TC JUDGMENT: Opinion by
Justice Hanks  
Before Justices Keyes, Hanks and Bland  
01-08-00588-CV  Kevin Rittger, M.D. v. Lou Virgina Danos    
Appeal from 55th District Court of Harris County
Trial Court Judge:
Hon. Jeffrey A. Shadwick

DISMISS APPEAL: Per Curiam    
Before Chief Justice Radack, Justices Taft and Sharp  
01-08-00775-CV  Jose Cruz Contreras and Maria Contreras v. John L. Cook    
Appeal from County Civil Court at Law No 2 of Harris County

Villagomez Investments, LLC v. Magee (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. by Justice Higley)
(
unavailable reporter's records, lost or destroyed clerks record, supplemental record, entitlement to new trial)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by
Justice Higley    
Before Justices Jennings, Keyes and Higley  
01-08-00851-CV  Villagomez Investments, L.L.C. v. Janie (Penny) Magee    
Appeal from 125th District Court of Harris County
Trial Court Judge: Hon. Shearn Smith

DISMISS APPEAL: Per Curiam    
Before Chief Justice Radack, Justices Taft and Sharp  
01-08-00960-CV  Michael Sibick v. W. Wiley Doran & Oscar Trevino, Jr.    
Appeal from Co Civil Ct at Law No 2 of Harris County

Harris County, Texas v. Luna (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Keyes)
(TTCA: Denial of
plea to the jurisdiction affirmed, notice of claim issue under Texas Tort Claim Act)
AFFIRM TC JUDGMENT: Opinion by
Justice Keyes    
Before Justices Keyes, Hanks and Bland  
01-09-00039-CV Harris County, Texas v. Sonia Luna - Prudencio    
Appeal from 189th District Court of Harris County  
Trial Court Judge:
Hon. William R. Burke. Jr.  

DISMISS APPEAL: Per Curiam    
Before Justices Jennings, Alcala and Higley  
01-09-00056-CV  In the Interest of J. P. B. and H. A. B.    
Appeal from County Court at Law of Washington County

DISMISS APPEAL: Per Curiam    
Before Chief Justice Radack, Justices Taft and Sharp  
01-09-00124-CV   Ledarre Zeigler v. Zachary Collard    
Appeal from County Civil Court at Law No 2 of Harris County

DISMISS APPEAL: Per Curiam    
Before Chief Justice Radack, Justices Taft and Sharp  
01-09-00166-CV  Walton Houston Galleria Office, LLP v. Bricker + Cannady Architects Inc. Bricker +
Cannady, Inc. Alan Jeffrey Bricker, and Lori L. Gunn   
Appeal from 152nd District Court of Harris County

DISMISS APPEAL: Per Curiam    
01-09-00171-CV   Eloise Gonzales Garcia v. Julia Gonzales    
Appeal from County Court at Law No 3 of Fort Bend County

Criminal Causes Decided:

MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Bland    
Before Justices Taft, Bland and Sharp  
01-07-01056-CR  Roderick Glenn v. The State of Texas    
Appeal from 230th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Keyes    
Before Justices Keyes, Hanks and Bland  
01-08-00175-CR  Cedric Tyrone True 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 Alcala and Hanks  
01-08-00251-CR  Jonathan Leo Gomez v. The State of Texas    
Appeal from 230th District Court of Harris County

AFFIRM TC JUDGMENT: Per Curiam    
Before Chief Justice Radack, Justices Taft and Sharp  
01-08-00316-CR  Ridge Robert Lakey v. The State of Texas    
Appeal from 405th District Court of Galveston County

AFFIRM TC JUDGMENT: Per Curiam    
Before Chief Justice Radack, Justices Taft and Sharp  
01-08-00317-CR Ridge Robert Lakey v. The State of Texas    
Appeal from 405th District Court of Galveston County

AFFIRM TC JUDGMENT: Opinion by Justice Jennings    
Before Justices Jennings, Keyes and Higley  
01-08-00332-CR  Marcus Andre Bradley v. The State of Texas    
Appeal from County Criminal Court at Law No 9 of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Alcala    
Before Justices Jennings, Alcala and Higley  
01-08-00391-CR  Keelan Gore v. The State of Texas    
Appeal from 262nd District Court of Harris County

AFFIRM TC JUDGMENT: Per Curiam    
Before Justices Keyes, Hanks and Bland  
01-08-00461-CR  Ivan Ernesto Llanos v. The State of Texas    
Appeal from 184th District Court of Harris County

AFFIRM TC JUDGMENT: Per Curiam    
Before Justices Jennings, Keyes and Higley  
01-08-00823-CR  Graceandra Cornett v. The State of Texas    
Appeal from 209th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Higley    
Before Justices Jennings, Alcala and Higley  
01-08-00827-CR  Peter Floyd Hackaday v. The State of Texas    
Appeal from 185th District Court of Harris County

DISMISS APPEAL: Per Curiam    
Before Justices Jennings, Alcala and Higley  
01-09-00337-CR  Wesley Cullen Cox v. The State of Texas    
Appeal from County Court at Law No 3 of Montgomery County

DISMISS APPEAL: Per Curiam    
01-09-00355-CR  Victor Coronado v. The State of Texas    
Appeal from 337th District Court of Harris County

DISMISS APPEAL: Per Curiam    
Before Justices Jennings, Alcala and Higley  
01-09-00356-CR  Ray Lewis Smith, Jr v. The State of Texas    
Appeal from 337th District Court of Harris County

DISMISS APPEAL: Per Curiam    
Before Justices Jennings, Alcala and Higley  
01-09-00479-CR  Lionel James Abraham v. The State of Texas    
Appeal from 351st District Court of Harris County  

June 11, 2009

Civil Causes Decided:

Thurman v. Harris County (Tex.App.- Houston [1st Dist.] Jun. 11, 2009) (Hanks) (TTCA, survivor of
passenger in car that fell of ferry and drowned,
plea to the jurisdiction improperly granted)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR
FURTHER PROCEEDINGS:   
Before Judge Wilson, Justices Hanks and Bland. Opinion by
Justice George C. Hanks, Jr.
01-07-00235-CV Joe Thurman, Individually, And As Sole Heir of the Estate of Amanda Rene Thurman v.
Harris County, Texas, As a Local Governmental Unit of the State of Texas
Appeal from 269th District Court of Harris County
Trial Court Judge:
The Honorable John T. Wooldridge  

Shipley Brothers, Ltd v. Republic National Bank (Tex.App.- Houston [1st Dist.] Jun. 11, 2009)(Jennings)
(
conversion, theft, and fraud, Texas Theft Liability Act, election of remedies doctrine, remittitur of the
exemplary damages)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:   
Before Judge Wilson, Justices Jennings and Bland. Opinion by
Justice Terry Jennings  
01-07-00911-CV Shipley Brothers, Ltd., Shipley Brothers, Inc., Lone Star Investments, Kenneth Shipley and
Calvin Junek, Jr. v. Republic National Bank and Robert F. Larson
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court Judge:
Hon. Roberta A. Lloyd  
Concurring and Dissenting Opinion by Justice Bland  (subrogation, double recovery, election of remedies)

Green v. Harris County DA's Office (Tex.App.- Houston [1st Dist.] Jun. 11, 2009)(Sharp)
(Tex.App.- Houston [1st Dist.] Jun. 11, 2009)(Sharp)
(expunction petition denied, frivolous suit dismissal)
AFFIRM TC JUDGMENT:   
Before Justices Taft, Bland and Sharp.
Opinion by Jim Sharp
01-07-00917-CV Anthony Ray Green v. Harris County District Attorney's Office, County Clerk of Harris
County, and Sheriff of Harris County
Appeal from 295th District Court of Harris County
Trial Court Judge:
Hon. Tracy Christopher

Leax v. Leax (Tex.App.- Houston [1st Dist.] Jun. 11, 2009) (Keyes)
(
suit for annulment, marriage and divorce fraud, serial wife divorcee, pattern of domestic violence allegations,
concealment of numerous prior marriages, fraud in the inducement)
AFFIRM TC JUDGMENT:   
Before Justices Keyes, Hanks and Bland. Opinion by
Justice Evelyn Keyes
01-08-00149-CV Elaine Leax v. Robert W. Leax
Appeal from 246th District Court of Harris County
Trial Court
Judge: Hon. Jim York  

D & KW Family, LP v. Bidinger (Tex.App.- Houston [1st Dist.] Jun. 11, 2009) (Radack)
(property access dispute,
easement by necessity, trespass)
AFFIRM TC JUDGMENT:   
Before Chief Justice Radack, Justices Alcala and Hanks. Opinion by
Chief Justice Sherry Radack
01-08-00260-CV D & KW Family, L.P. v. Kimberly Kay Bidinger and Alfredo Arturo Ballestas
Appeal from 190th District Court of Harris County
Trial Court Judge:
Hon. Jennifer Walker Elrod  

McGlown v. Park (Tex.App.- Houston [1st Dist.] Jun. 11, 2009)(opinion not available online as of 6/16)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:   
Before Justices Taft, Bland and Sharp
01-08-00619-CV Willie McGlown Jr. v. Ashford Park, et al.
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court Judge:
Hon. Jacqueline Lucci Smith  

Bosch v. Armstrong (Tex.App.- Houston [1st Dist.] Jun. 11, 2009)(Jennings)
(
suit barred by judicial communications tort immunity, absolute privilege for communications in legal court
proceeding,
sanctions for baseless claim)
AFFIRM TC JUDGMENT: Opinion by Justice
Terry Jennings  
Before Justices Jennings, Alcala and Higley
01-08-00847-CV Yigal Bosch v. Mark S. Armstrong and Paul Bailiff and Squire, Sanders & Dempsey L.L.C.
Appeal from 280th District Court of Harris County
Trial Court Judge: The
Honorable Tony Lindsay  

Criminal Causes Decided:

AFFIRM TC JUDGMENT:   
Before Justices Taft, Bland and Sharp
01-06-00887-CR LaTonya Monique Polk v. The State of Texas
Appeal from 184th District Court of Harris County

AFFIRM TC JUDGMENT:   
Before Justices Nuchia, Alcala and Hanks
01-07-00296-CR Jamie Lynne Mosby Williams v. The State of Texas
Appeal from 240th District Court of Fort Bend County

AFFIRM TC JUDGMENT:   
Before Justices Nuchia, Alcala and Hanks
01-07-00297-CR Jamie Lynne Mosby Williams v. The State of Texas
Appeal from 240th District Court of Fort Bend County

AFFIRM TC JUDGMENT:   
Before Chief Justice Radack, Justices Alcala and Hanks
01-07-00783-CR Keith Klepper v. The State of Texas
Appeal from 240th District Court of Fort Bend County

AFFIRM TC JUDGMENT:   
Before Justices Taft, Bland and Sharp
01-08-00249-CR Robert Voss v. The State of Texas
Appeal from 209th District Court of Harris County

AFFIRM TC JUDGMENT:   
Before Justices Taft, Bland and Sharp
01-08-00250-CR Robert Voss v. The State of Texas
Appeal from 209th District Court of Harris County

AFFIRM TC JUDGMENT:   
Before Justices Jennings, Alcala and Higley
01-08-00354-CR Marcus Dewayne Williams v. The State of Texas
Appeal from 263rd District Court of Harris County

AFFIRM TC JUDGMENT:   
Before Justices Jennings, Alcala and Higley
01-08-00355-CR Marcus Dewayne Williams v. The State of Texas
Appeal from 263rd District Court of Harris County

AFFIRM TC JUDGMENT:   
Before Justices Taft, Bland and Sharp
01-08-00364-CR Ronnie Lee Hunter v. The State of Texas
Appeal from 179th District Court of Harris County

DISMISS APPEAL: Per Curiam  
Before Chief Justice Radack, Justices Taft and Sharp
01-09-00132-CR John Wesley Peavy v. The State of Texas
Appeal from 180th District Court of Harris County

June 8, 2009

Civil Causes Decided:

In re Devon Energy Corp (Tex.App.- Houston [1st Dist.] Jun. 8, 2009)(Jennings)
(
arbitration mandamus granted, parallel arbitration proceeding, litigation stay imposed, nonsignatories)
GRANT PETITION FOR WRIT OF MANDAMUS:   Opinion by
Justice Terry Jennings
01-09-00174-CV  In re Devon Energy Corporation, Devon Energy International, Ltd. and Texneft, Inc.
Appeal from 165th District Court of Harris County  
Trial Court
Judge:The Honorable Josefina Rendon  

Criminal Causes Decided:

DISMISS APPEAL: Per Curiam  
Before Chief Justice Radack, Justices Taft and Sharp
01-08-01002-CR        In re Bryan William
Appeal from 262nd District Court of Harris County

June 5, 2009

Civil Causes Decided:

In Re Corder (Tex.App.- Houston [1st Dist.] Jun. 5, 2009)(Taft)
(
child support contempt, civil coercive contempt, criminal contempt, habeas corpus petition premature)
DENY PETITION FOR WRIT OF MANDAMUS: Opinion by
Justice Tim Taft
Before Justices Taft, Bland and Sharp
01-09-00386-CV   In re Dale Corder
Appeal from 245th District Court of Harris County
Trial Court Judge:
Hon. Annette Kuntz

Criminal Causes Decided:

June 4, 2009

Civil Causes Decided:

FCLT Loans Asset Corporation v. First City Fin. Corp. (Tex.App.- Houston [1st Dist.] Jun. 4, 2009)(Bland)
(demutualization dispute, conversion of entity)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Bland  
Before Justices Jennings, Hanks and Bland
01-06-00798-CV FCLT Loans Asset Corporation and Timothy J. Blair, Class Representative v. FIRST CITY
FINANCIAL CORPORATION, Appellee/Appellant; J.P. MORGAN CHASE BANK, NATIONAL ASSOCIATION AS
SUCCESSOR TRUSTEE OF FIRST CITY BANCORPORATION EMPLOYEES RETIREMENT TRUST.
Appeal from 152nd District Court of Harris County
Trial Court
Judge: Hon. Kenneth P. Wise  

DISMISS APPEAL: Per Curiam  
01-07-01112-CV Finis L. Taylor v. Gulf Bayport Chemicals, L.P.
Appeal from 215th District Court of Harris County
Trial Court
Judge: Hon. Steven E. Kirkland

Orr Archibald v. Archibald (Tex.App.- Houston [1st Dist.] Jun. 4, 2009)(Sharp)
(attempted
post-divorce redivision of benefits fails, divorce decree not ambiguous, res judicata)
AFFIRM TC JUDGMENT: Opinion by
Justice Sharp  
Before Chief Justice Radack, Justices Taft and Sharp
01-08-00015-CV Aurore Hope Orr Archibald v. Larry Donald Archibald
Appeal from County Court at Law of Washington County
Trial Court Judge: Hon. Matthew Reue  

DISMISS APPEAL: Per Curiam  
01-08-00089-CV Stele Wayne James v. Progressive County Mutual Insurance Company
Appeal from
County Civil Court at Law No 2 of Harris County

Briggs Equipment Trust v. HCAD (Tex.App.- Houston [1st Dist.] Jun. 4, 2009)(Radack)
(
property tax litigation, valuation of equipment for property tax appraisal purposes, subsequent sales)
AFFIRM TC JUDGMENT: Opinion by
Chief Justice Radack  
Before Chief Justice Radack, Justices Alcala and Higley
01-08-00190-CV Briggs Equipment Trust v. Harris County Appraisal District
Appeal from 280th District Court of Harris County

City of Inkster Policeman and FIreman Retirement System v. Kinder (Tex.App.- Houston [1st Dist.] Jun. 4,
2009)(Alcala)(
shareholder derivative action, standing issue after buyout)
AFFIRM TC JUDGMENT: Opinion by
Justice Alcala  
Before Justices Jennings, Alcala and Higley
01-08-00308-CV City of Inkster Policeman and Fireman Retirement System, derivatively on behalf of Kinder
Morgan, Inc. v. Richard D. Kinder, Michael C. Morgan, William V. Morgan, Fayez Sarofm, Edward H. Austin,
Jr., William J. Hybl, Ted A. Gardner, Charles W. Battey, H.A. True, III, James M. Stanford, Stewart A. Bliss,
Edward Randall, III, Douglas W.G. Whitehead, Et Al
Appeal from 270th District Court of Harris County
Trial Court
Judge: Hon. Brent Gamble  

Gonzalez v. AAG-Las Vegas, LLC (Tex.App.- Houston [1st Dist.] Jun. 4, 2009)(Wilson, Davie)
(challenge to
personal jurisdiction, special appearance)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Judge Wilson
Before Chief Justice Radack, Judge Wilson, Justice Alcala
01-08-00377-CV David M. Gonzalez v. AAG-Las Vegas, L.L.C., Ascent Automotive Group, L.P., KW#1
Acquisition Company, L.L.C.--Appeal from 189th District Court of Harris County
Trial Court Judge:
Hon. William R. Burke. Jr.  

DISMISS APPEAL: Per Curiam  
Before Justices Jennings, Alcala and Higley)
01-08-00595-CV Mark McShaffry v. LBM-Jones Road, L.P.
Appeal from
County Civil Court at Law No 3 of Harris County

Aquilar v. Texas La Fiesta Auto Sales LLC (Tex.App.- Houston [1st Dist.] Jun. 4, 2009)(Bland)
(
IFP appeal, finality, no appealable final order judgment)
DISMISS APPEAL: Opinion by
Justice Bland  
Before Justices Keyes, Hanks and Bland
01-08-00653-CV Timothy Aguilar v. Texas La Fiesta Auto Sales LLC & Patrick J. Miller and Harris
CountyAppeal from 61st District Court of Harris County
Trial Court Judge:
Hon. John Donovan  

American National Ins v. Deutsche Bank (Tex.App.- Houston [1st Dist.] Jun. 4, 2009)(Radack)
(
summary judgment appeals appellate procedure, need to challenge all bases for summary judgment)
AFFIRM TC JUDGMENT: Opinion by
Chief Justice Radack  
01-08-00791-CV American National Insurance, American National Investment Accounts, Inc., SM&R
Investments, Inc., American National Property and Casualty Company, Standard Life and Accident Insurance
Company, Farm Family Life Insurance Company, Farm Family Casualty Ins., v. Deutsche Bank Securites, Inc.
fka Deutsche Banc Alex. Braown Inc., and Deutsche Banc Alex. Brown
Appeal from 133rd District Court of Harris County
Trial Court
Judge: Hon. Lamar McCorkle  

Criminal Causes Decided:

AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Alcala and Bland
01-06-00715-CR Johnny Rivera v. The State of Texas
Appeal from 248th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Jennings  
Before Justices Jennings, Keyes and Higley
01-07-00992-CR Carol Winston Lee v. The State of Texas
Appeal from 230th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Sharp  
Before Justices Taft, Bland and Sharp
01-08-00222-CR Julian Mars McKithan v. The State of Texas
Appeal from 338th District Court of Harris County

DISMISS APPEAL: Per Curiam  
Before Justices Jennings, Alcala and Higley
01-09-00342-CR Robert Christopher Bates v. The State of Texas
Appeal from Criminal District Court of Jefferson County

June 3, 2009

Civil Causes Decided: None

Criminal Causes Decided:

DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam  
Before Justices Jennings, Alcala and Higley
01-09-00199-CR In re Clarence McKelvey Jr.
Appeal from 176th District Court of Harris County

DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam  
Before Justices Keyes, Hanks and Bland
01-09-00296-CR In re Joe Vidales
Appeal from 230th District Court of Harris County
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