March 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)
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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
281st   Judge Sylvia Matthews (appt'd 2008)
281st   Judge David J. Bernal (resigned 2008)
295th   Judge Tracy E. Christopher
333rd  Judge Joseph James "Tad" Halbach Jr.
334th  Judge Sharon McCally (reelected 2008)
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March 2009 Decision and Opinion Release Dates:  

Mar. 3, 5, 9, 10, 12, 18, 19, 26, 27, 30, 31, 2009      

MARCH 2009 CIVIL CASE TABLE

Released Opinions

March 31, 2009

Civil Causes Decided:

In re Hoba Lake Houston GP, LLC (Tex.App.- Houston [1st Dist.] Mar. 31, 2009)(per curiam)
(
designation of experts, continuance)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam  
Before Justices Jennings, Keyes and Higley
01-09-00246-CV In re Hoba Lake Houston GP, L.L.C. and Ron Holley
Appeal from 151st District Court of Harris County
Trial Court
Judge: Hon. Michael Engelhart  

In re Nelson (Tex.App.- Houston [1st Dist.] Mar. 31, 2009)(per curiam)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam  
Before Chief Justice Radack, Justices Alcala and Hanks
01-09-00249-CV In re Javanda Nelson
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court
Judge: Jacqueline Lucci Smith

Criminal Causes Decided: None

March 30, 2009

Civil Causes Decided:

Criminal Causes Decided:

DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam  
Before Chief Justice Radack, Justices Alcala and Hanks
01-09-00158-CR In re Ronald Dexter Johnson
Appeal from 182nd District Court of Harris County

March 27, 2009

Civil Causes Decided:

Lovall v. University of Houston (Tex.App.- Houston [1st Dist.] Mar. 27, 2009)(per curiam)
(attempted
IFP appeal dismissed for nonpayment of fees, indigency affidavit contested)
DISMISS APPEAL: Per Curiam  
Before Justices Jennings, Keyes and Higley
01-06-00775-CV Lizzie J. Lovall v. The University of Houston, The College of Liberal Arts and Social Sciences,
The Board of Regents, John Antel and Jay Gogue
Appeal from 334th District Court of Harris County
Trial Court
Judge: Hon Sharon McCally  

Criminal Causes Decided:  None  

March 26, 2009

Civil Causes Decided:

Hernandez v. Hernandez (Tex.App.- Houston [1st Dist.] Mar. 26, 2009)(Higley)
(
OAG suit, child support, nunc pro tunc judgment vacated, opinions with dissent)
VACATE TC JUDGMENT AND DISMISS CASE: Opinion by
Justice Higley   
Before Chief Justice Radack, Justices Keyes and Higley
01-06-00901-CV George Hernandez v. Maria Guadalupe Hernandez   
Appeal from 311th District Court of Harris County
Trial Court
Judge: Hon. Doug Warne  
Dissenting Opinion by Justice Keyes    

Hahn v. Love (Tex.App.- Houston [1st Dist.] Mar. 26, 2009)(Keyes)
(
UFTA fraudulent transfer claim, bona fide purchaser defense, constructive trust)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by
Justice Keyes   
Before Chief Justice Radack, Justices Keyes and Higley
01-07-00096-CV Allon R. Hahn, Individually and d/b/a Hahn's Gulf Service v. Bertrand Love   
Appeal from
157th District Court of Harris County

Grant v. Laughlin Environmenal, Inc. (Tex.App.- Houston [1st Dist.] Mar. 26, 2009)(Jennings)
(
employment law, bonus, breach of contract, fraud, negligent misrepresentation, and quantum meruit)
AFFIRM TC JUDGMENT: Opinion by
Justice Jennings   
Before Chief Justice Radack, Justices Jennings and Bland
01-07-00227-CV Carroll Grant v. Laughlin Environmental, Inc.   
Appeal from 164th District Court of Harris County
Trial Court
Judge: Hon. Martha Hill Jamison  

Jones v. Parks (Tex.App.- Houston [1st Dist.] Mar. 26, 2009)(per curiam dismissal)(nonpayment of fees)
DISMISS APPEAL: Per Curiam   
Before Chief Justice Radack, Justices Alcala and Hanks
01-07-00312-CV Autry Lee Jones v. Lieutenant Commander Carl Parks, et al.   
Appeal from
133rd District Court of Harris County

Kamel v. Sotelo, MD (Tex.App.- Houston [1st Dist.] Mar. 26, 2009)(Wilson)(medical malpractice)
AFFIRM TC JUDGMENT: Opinion by Judge Wilson   
Before Judge Wilson, Justices Taft and Bland
01-07-00366-CV Safwat Kamel v. Tiffany Sotelo, MD   
Appeal from 152nd District Court of Harris County
Trial Court
Judge: Hon. Kenneth P. Wise  

Washburn v. Sims (Tex.App.- Houston [1st Dist.] Mar. 26, 2009)(Taft)
(
open account suit, unjust enrichment, breach of contract counterclaim)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by
Justice Taft   
Before Justices Taft, Bland and Sharp
01-07-00481-CV Scott Washburn v. Bryan Sims and Astounding Party Rentals, Inc.   
Appeal from Co Civil Ct at Law No 1 of Harris County
Trial Court
Judge: Hon. R. Jack Cagle  

Okorafor v. Jeffreys (Tex.App.- Houston [1st Dist.] Mar. 26, 2009)(Keyes)
(
post-answer default judgment, legal malpractice suit)
AFFIRM TC JUDGMENT: Opinion by
Justice Keyes   
Before Justices Jennings, Keyes and Higley
01-07-00618-CV James O. Okorafor v. Frank Will Jeffreys   
Appeal from 190th District Court of Harris County
Trial Court
Judge: Jennifer Elrod

Somers v. Crane (Tex.App.- Houston [1st Dist.] Mar. 26, 2009)(Jennings)
(shareholder derivative suit,
breach of fiduciary duty, standing)
AFFIRM TC JUDGMENT: Opinion by
Justice Jennings   
Before Justices Jennings, Hanks and Bland
01-07-00754-CV Raymond Somers, Derivatively on behalf of EGL, Inc., and Vivian Golombuski and
Platinum PVA Fund, on behalf of themselves and all others similarly situated. v. James R. Crane, Milton
Carroll, James C. Flagg, Frank J. Hevrdejs, Paul W. Hobby, Michael K. Jhin, Neil E. Kelley, Sherman
Wolff, Centerbridge Partners, L.P., The Woodbridge Company Limited and nominal defendant EGL,
Inc.   
Appeal from 125th District Court of Harris County
Trial Court
Judge: Hon. John Coselli  

Woodard v. OAG (Tex.App.- Houston [1st Dist.] Mar. 26, 2009)(Alcala)
(
SAPCR, child support, appeal from master improperly denied)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by
Justice Alcala   
Before Chief Justice Radack, Justices Alcala and Hanks
01-07-00954-CV Victor Jerry Woodard v. Office of the Attorney General   
Appeal from 308th District Court of Harris County
Trial Court
Judge: Hon. Georgia Dempster  

Somers v. Crane (Tex.App.- Houston [1st Dist.] Mar. 26, 2009)(Jennings)
(
plea to the jurisdiction on the ground that Somers lacked standing to sue derivatively, special exceptions,
motion to dismiss)  
AFFIRM TC JUDGMENT: Opinion by
Justice Jennings   
Before Justices Jennings, Hanks and Bland
01-08-00119-CV Raymond Somers, derivatively on behalf of EGL, Inc. v. James R. Crane, et al   
Appeal from 125th District Court of Harris County
Trial Court
Judge: Hon. John Coselli  

Starflight 50, LLC v. HCAD (Tex.App.- Houston [1st Dist.] Mar. 26, 2009)(Bland)
(
ad valorem tax protest, interstate allocation, temporary relocation)
AFFIRM TC JUDGMENT: Opinion by
Justice Bland   
Before Justices Jennings, Hanks and Bland
01-08-00234-CV Starflight 50, LLC v. Harris County Appraisal District and Harris County Appraisal Review
Board   
Appeal from 125th District Court of Harris County
Trial Court Judge:
Hon. John Coselli  
Dissenting Opinion by Justice Jennings   

DISMISS APPEAL: Per Curiam   
Before Chief Justice Radack, Justices Alcala and Hanks
01-08-00382-CV Abraham Melawer v. Windsong Community Improvement Association   
Appeal from
County Civil Court at Law No 3 of Harris County

DISMISS APPEAL: Opinion by Justice Higley   
Before Justices Jennings, Keyes and Higley
01-08-00717-CV Zurich American Insurance Company v. Sandra A. Debose   
Appeal from 133rd District Court of Harris County
Trial Court Judge:
Hon. Lamar McCorkle  

DISMISS APPEAL: Per Curiam   
Before Justices Taft, Keyes and Higley
01-08-00779-CV Karen Pearson & Gary P. Pearson v. Signature Media Solutions Ltd.   
Appeal from
County Civil Court at Law No 2 of Harris County

DISMISS APPEAL: Per Curiam   
Before Chief Justice Radack, Justices Alcala and Hanks
01-08-00849-CV Samer Al-Azem v. Kathy Frazar and LVI Global f/k/a Las Vegas Institute for Advanced
Dental Studies   
Appeal from
281st District Court of Harris County

DISMISS APPEAL: Per Curiam   
Before Chief Justice Radack, Justices Alcala and Hanks
01-08-00919-CV Brandon of Houston Home Furnishings, LP. v. PMI Printmailers, Inc.   
Appeal from 190th District Court of Harris County

DISMISS APPEAL: Per Curiam   
Before Chief Justice Radack, Justices Alcala and Hanks
01-08-00957-CV John Stockton v. Paul Adair, John Daugherty Realtors, Inc., and Conn Trussell   
Appeal from
80th District Court of Harris County

In re Del Rio (Tex.App.- Houston [1st Dist.] Mar. 26, 2009)(Taft) (no habeas corpus jurisdiction)
DISMISS APPEAL: Opinion by Justice Taft   
Before Justices Taft, Bland and Sharp
01-08-00993-CV In re Victor Del Rio   
Appeal from 311th District Court of Harris County
Trial Court
Judge: Hon. Doug Warne  

DISMISS APPEAL: Per Curiam   
Before Chief Justice Radack, Justices Alcala and Hanks
01-09-00020-CV Mike Hall Chevrolet, Inc., Believed to be Known as Champion Chevrolet v. Jesse and
Tarleice Franklin   
Appeal from 164th District Court of Harris County
Trial Court
Judge: Hon Alexandra Smoots-Hogan  

DISMISS APPEAL: Per Curiam   
Before Justices Jennings, Keyes and Higley
01-09-00036-CV Darron M. Anderson and Venus V. Anderson v. Barry Lee   
Appeal from
333rd District Court of Harris County

DISMISS APPEAL: Per Curiam   
Before Chief Justice Radack, Justices Alcala and Hanks
01-09-00038-CV Estanislao Quintana v. Steven Villano   
Appeal from
County Civil Ct at Law No 1 of Harris County

Criminal Causes Decided:

AFFIRM TC JUDGMENT: Opinion by Justice Sharp   
Before Justices Taft, Bland and Sharp
01-07-00772-CR Jairus Dewight Kesse v. The State of Texas   
Appeal from 182nd District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Sharp   
Before Justices Taft, Bland and Sharp
01-07-00925-CR David Mathew Kurtzeman v. The State of Texas   
Appeal from 209th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Higley   
Before Justices Jennings, Keyes and Higley
01-08-00320-CR Larry Richards v. The State of Texas   
Appeal from 178th District Court of Harris County

DISMISS APPEAL: Per Curiam   
Before Justices Taft, Bland and Sharp
01-08-00503-CR Shanell Mosley v. The State of Texas   
Appeal from 248th District Court of Harris County

DISMISS APPEAL: Per Curiam   
Before Justices Taft, Bland and Sharp
01-08-00504-CR Shanell Mosley v. The State of Texas   
Appeal from 248th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack   
Before Chief Justice Radack, Justices Alcala and Hanks
01-08-00606-CR Jacob Timothy Gallegos v. The State of Texas   
Appeal from 262nd District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack   
Before Chief Justice Radack, Justices Alcala and Hanks
01-08-00607-CR Jacob Timothy Gallegos v. The State of Texas   
Appeal from 262nd District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack   
Before Chief Justice Radack, Justices Alcala and Hanks
01-08-00608-CR Jacob Timothy Gallegos v. The State of Texas   
Appeal from 262nd District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Sharp   
Before Justices Taft, Bland and Sharp
01-08-00617-CR Jesus Reyes v. The State of Texas   
Appeal from 405th District Court of Galveston County

DISMISS APPEAL: Per Curiam   
Before Justices Taft, Bland and Sharp
01-08-00739-CR Jose Gabriel Perez, Prinicpal, Bankers Insurance Company v. The State of Texas   
Appeal from 228th District Court of Harris County

March 19, 2009

Civil Causes Decided:

Town & Country Partnership, ANDV 97, Inc. v. Frontier Leasing Corp. (Tex.App.- Houston [1st Dist.] Mar.
19,2009) (Hanks)
MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Hanks
Before Justices Jennings, Hanks and Bland
01-07-00555-CV Town & Country Partnership, ANDV 97, Inc., Indiv. and in its Official Capacity as General
Partner of Town & Country Partnership, and Moody-Rambin Town & Country, Ltd., Indiv. and in its Official
Capacity as General Partner of Town & Country Partnership v. Frontier Leasing Corporation
Appeal from 11th District Court of Harris County
Trial Court Judge: Hon. Mark Davidson  

Hanley v. DNW of Houston, Inc. (Tex.App.- Houston [1st Dist.] Mar. 19, 2009 (Keyes) (contract claim)
AFFIRM TC JUDGMENT: Opinion by Justice Keyes  
Before Justices Jennings, Keyes and Higley
01-07-00909-CV Ron Hanley v. DNW of Houston Inc.
Appeal from Co Civil Ct at Law No 2 of Harris County
Trial Court
Judge: Hon. Jacqueline Lucci Smith  

Knowles v. Wright (Tex.App.- Houston [1st Dist.] Mar. 19, 2009, pet. denied July 2009)(Jennings)
(
partnership claim rejected, fiduciary duty)
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, Keyes and Higley
01-08-00546-CV Christopher Knowles and Mina Mann v. Jimmy D. Wright
Appeal from 61st District Court of Harris County
Trial Court
Judge: Hon. John Donovan  

DISMISS APPEAL: Per Curiam  
Before Justices Jennings, Keyes and Higley
01-08-00808-CV Michael N. Kane v. Mike Fecht
Appeal from
Co Civil Ct at Law No 4 of Harris County

DISMISS APPEAL: Per Curiam  
Before Justices Jennings, Keyes and Higley
01-08-00963-CV Charles E. Schauseil, Kyle Henrichs and All Occupants v. Emerson Court  
Appeal from
County Civil Court at Law No 2 of Harris County

DISMISS APPEAL: Per Curiam   
Before Justices Jennings, Keyes and Higley
01-08-00968-CV Mosevelt Jackson, Jr. v. Texas Department of Transportation
Appeal from 335th District Court of Washington County
Trial Court Judge: Hon. Terrill L. Flenniken  

Criminal Causes Decided:

AFFIRM TC JUDGMENT: Opinion by Justice Keyes
Before Justices Jennings, Keyes and Higley)
01-07-00856-CR Keithron Marquis Fields v. The State of Texas
Appeal from 208th District Court of Harris County

REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Alcala  
Before Chief Justice Radack, Justices Alcala and Hanks)
01-08-00209-CR The State of Texas v. Alvetta Goergette Collier
Appeal from 400th District Court of Ft. Bend County

March 18, 2009

Civil Causes Decided:

Criminal Causes Decided:

AFFIRM TC JUDGMENT: Opinion by Justice Higley  
Before Justices Jennings, Keyes and Higley
01-09-00115-CR Michael Channing Griggs v. The State of Texas
Appeal from 185th District Court of Harris County

March 12, 2009

Civil Causes Decided:

Macy v. Waste Management, Inc. (Tex.App.- Houston [1st Dist.] Mar. 12, 2009)(Alcala)
(employment contract dispute, attorney's fees)
AFFIRM TC JUDGMENT: Opinion by
Justice Alcala  
Before Chief Justice Radack, Justices Alcala and Hanks
01-07-00276-CV Griffin Macy v. Waste Management, Inc.  
Appeal from 157th District Court of Harris County
Trial Court
Judge: The Honorable Randall Wilson  

Lalila v. Parker Drilling Co. (Tex.App.- Houston [1st Dist.] Mar. 12, 2009)(Alcala)
(forum non conveniens)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala   
Justice Alcala
Before Chief Justice Radack, Justices Alcala and Hanks
01-07-00281-CV Mosammat Lalila and Sajeda, et al. v. Parker Drilling Company and Niko Resources, Ltd.  
Appeal from 152nd District Court of Harris County
Trial Court
Judge: Hon. Kenneth P. Wise

Hill v. Hoelke (Tex. App.- Houston [1st Dist.] Mar. 12, 2009)(Taft)
(investment dispute, breach of fiduciary duty, breach of contract, fraud, and promissory estoppel)
AFFIRM TC JUDGMENT: Opinion by
Justice Taft  
Before Justices Taft, Bland and Sharp
01-07-00702-CV John Hill v. Frederick F. Hoelke and Frederick F. Hoelke, P.C.  
Appeal from 151st District Court of Harris County
Trial Court
Judge: Hon. Caroline E. Baker  

DISMISS APPEAL: Per Curiam  
Before Chief Justice Radack, Justices Alcala and Hanks
01-08-00154-CV Rebecca Colley v. David Hickerson  
Appeal from
308th District Court of Harris County

Nashville Texas, Inc. v. City of Burleson (Tex.App.- Houston [1st dist.] Mar. 12, 2009)(Alcala)
(untimely appeal, finality, prayer for attorney's fee not a counterclaim)
DISMISS APPEAL: Opinion by
Justice Elsa Alcala  
Before Chief Justice Radack, Justices Alcala and Hanks
01-08-00274-CV Nashville Texas, Inc. v. City of Burleson, Texas, Rovin, Inc., Paradigms for Success, Inc.  
Appeal from COUNTY COURT AT LAW of Callahan County
Trial Court Judge: Hon. William C. Bosworth Jr.  

Ocoa v. City of Galveston (Tex.App.- Houston [1st Dist.] Mar. 12, 2009)(Jennings)(TRO, injunction, CBA)
AFFIRM TC JUDGMENT: Opinion by
Justice Jennings  
Before Justices Jennings, Keyes and Higley
01-08-00490-CV Renaye Ochoa and Thom Karlok v. City of Galveston  
Appeal from 405th District Court of Galveston County
Trial Court Judge: Hon. Wayne J. Mallia  

World Environmental,LLC v. Wolfpack Environmental, LLC (Tex.App.- Houston [1st Dist.] Mar. 12,
2009)(Jennings)(
default judgment, restricted appeal, suit on account, quantum meruit)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by
Justice Jennings  
Before Justices Jennings, Keyes and Higley
01-08-00561-CV World Environmental, LLC v. Wolfpack Environmental, LLC  
Appeal from County Court at Law No 2 of Montgomery County
Trial Court Judge: Judge Jerry Winfree  

DISMISS APPEAL: Per Curiam  
Before Justices Taft, Bland and Sharp
01-08-00672-CV Edward P. deZevallos; David G. Edgar; ZED Partners, Ltd.; Fort Bend Properties, Inc.;
Deedco Properties, Inc.; and Edgar Family Limited Partnership v. Regency I-45/Spring Cypress Retail,
L.P.; Regency Centers, L.P.; Regency Realty Group, Inc.; HEB Grocery Company, LP; and HEB Branch
Company, Inc.  
Appeal from
55th District Court of Harris County

Criminal Causes Decided:

AFFIRM TC JUDGMENT: Opinion by Justice Taft  
Before Justices Taft, Bland and Sharp
01-07-00961-CR Angelia Kay Obryant v. The State of Texas  
Appeal from 208th District Court of Harris County

AFFIRM TC JUDGMENT: Per Curiam  
Before Chief Justice Radack, Justices Alcala and Hanks
01-07-00962-CR Joshuah Allen McCluskey v. The State of Texas  
Appeal from 339th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Hanks  
Before Chief Justice Radack, Justices Alcala and Hanks
01-07-01039-CR Daniel Webster Johnson v. The State of Texas  
Appeal from 182nd District Court of Harris County

DISMISS APPEAL: Per Curiam  
Before Justices Taft, Bland and Sharp
01-08-00281-CR Emanuel Romero v. The State of Texas  
Appeal from 56th District Court of Galveston County

March 10, 2009

Civil Causes Decided:

Criminal Causes Decided:

REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Bland  
Before Justices Taft, Bland and Sharp
01-08-00575-CR William David Golden v. The State of Texas  
Appeal from 176th District Court of Harris County

OPINION CONCURRING WITH THIS COURT'S JUDGMENT: Opinion by Justice Sharp, Concurring Opinion
by Justice Sharp  
Before Justices Taft, Bland and Sharp
01-08-00575-CR William David Golden v. The State of Texas  
Appeal from 176th District Court of Harris County
Concurring Opinion by Justice Sharp  

REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Bland  
Before Justices Taft, Bland and Sharp
01-08-00576-CR William David Golden v. The State of Texas  
Appeal from 176th District Court of Harris County

March 9, 2009

Civil Causes Decided:

DISMISS APPEAL: Per Curiam  
Before Justices Taft, Bland and Sharp
01-08-00065-CV Lexter Kennon Kossie v. Kenneth Wayne Smith  
Appeal from 133rd District Court of Harris County

Criminal Causes Decided:

Released Opinions

March 5, 2009

Civil Causes Decided:

CMA-CGM America, Inc. Empire Truck Lines, Inc. (Tex. App. - Houston [1st Dist.] Mar. 5, 2009)(Suppl. opinion
by Alcala) (new argument on rehearing)
DENY MOTION: Opinion by
Justice Alcala  
Before Justices Taft, Keyes and Alcala
01-07-00187-CV CMA-CGM America Inc. v. Empire Truck Lines, Inc.  
Appeal from 280th District Court of Harris County
Trial Court
Judge: The Honorable Tony Lindsay  

Estate of Poppe (Tex. App. - Houston [1st Dist.] Mar. 5, 2009)(Alcala)(probate will)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by
Justice Alcala  
Before Chief Justice Radack, Justices Alcala and Hanks
01-08-00021-CV Estate of Lee Earl Poppe, Sr., Deceased  
Appeal from County Court of Colorado County
Trial Court Judge: Hon. A.G. Jamison  

Anthony v. TDCJ (Tex. App. - Houston [1st Dist.] Mar. 5, 2009)(Taft)
(prisoner suit, inmate litigation, dismissal,
defective pleading of conversion claim)
AFFIRM TC JUDGMENT: Opinion by
Justice Taft  
Before Justices Taft, Bland and Sharp
01-08-00465-CV Milton James Anthony v. Texas Department of Criminal Justice, et al.  
Appeal from 412th Judicial District Court of Brazoria County

Dibello v. Charlie Thomas, Ltd. (Tex. App. - Houston [1st Dist.] Mar. 5, 2009)
(
consumer law, claim of improper charges on retail instalment contract, dealer inventory tax)
AFFIRM TC JUDGMENT: Opinion by
Justice Bland  
Before Justices Taft, Bland and Sharp
01-08-00549-CV Lorena Dibello v. Charlie Thomas, LTD. d/b/a Charlie Thomas Ford
Appeal from
County Civil Court at Law No 3 of Harris County

Weston v. Thornton (Tex. App. - Houston [1st Dist.] Mar. 5, 2009)(per curiam dismissal)
DISMISS APPEAL: Per Curiam  
Before Chief Justice Radack, Justices Alcala and Hanks
01-08-00652-CV Wesley Eric Weston v. Creston Thornton Indivdually And d/b/a Bravo Entertainment  
Appeal from 269th District Court of Harris County

Criminal Causes Decided:

AFFIRM TC JUDGMENT: Opinion by Justice Keyes  
Before Justices Taft, Keyes and Alcala
01-07-00507-CR Roland Salazar v. The State of Texas  Appeal from 263rd District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Keyes  
Before Justices Jennings, Keyes and Higley
01-07-00956-CR Gerardo Gonzalez v. The State of Texas  Appeal from 183rd District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Keyes  
Before Justices Jennings, Keyes and Higley
01-07-00957-CR Gerardo Gonzalez v. The State of Texas  Appeal from 183rd District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Taft  
Before Justices Taft, Bland and Sharp
01-07-00993-CR April Clark v. The State of Texas  Appeal from 239th District Court of Brazoria County

AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack  
Before Chief Justice Radack, Justices Alcala and Hanks
01-07-01016-CR Christopher W. Cooley v. The State of Texas  Appeal from 179th District Court of Harris
County

AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack  
Before Chief Justice Radack, Justices Alcala and Hanks
01-07-01018-CR Christopher W. Cooley v. The State of Texas  Appeal from 179th District Court of Harris
County

AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack  
Before Chief Justice Radack, Justices Alcala and Hanks
01-07-01031-CR Edwin Kenneth Tucker v. The State of Texas  Appeal from 10th District Court of Galveston
County

AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack  
Before Chief Justice Radack, Justices Alcala and Hanks
01-07-01032-CR Edwin Kenneth Tucker v. The State of Texas  Appeal from 10th District Court of Galveston
County

AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack  
Before Chief Justice Radack, Justices Alcala and Hanks
01-07-01033-CR Edwin Kenneth Tucker v. The State of Texas  Appeal from 10th District Court of Galveston
County

AFFIRM TC JUDGMENT: Opinion by Justice Sharp  
Before Justices Taft, Bland and Sharp
01-08-00057-CR Alfredo Moreno Garcia v. The State of Texas  Appeal from 248th District Court of Harris
County

AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack  
Before Chief Justice Radack, Justices Alcala and Hanks
01-08-00058-CR Shapreal James Arceneaux v. The State of Texas  Appeal from 183rd District Court of Harris
County

AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack  
Before Chief Justice Radack, Justices Alcala and Hanks
01-08-00059-CR Shapreal James Arceneaux v. The State of Texas  Appeal from 183rd District Court of Harris
County

AFFIRM TC JUDGMENT: Opinion by Justice Jennings  
Before Justices Jennings and Bland, The Honorable Hudson
01-08-00098-CR Jesus Garcia Delgado v. The State of Texas  Appeal from 174th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack  
Before Chief Justice Radack, Justices Alcala and Hanks
01-08-00271-CR Dwight Rabe v. The State of Texas  Appeal from 82nd District Court of Robertson County

AFFIRM TC JUDGMENT: Opinion by Justice Bland  
Before Justices Taft, Bland and Sharp
01-08-00319-CR Sandy Alexy Agosto v. The State of Texas  Appeal from 208th District Court of Harris County

REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice
Bland  
Before Justices Taft, Bland and Sharp
01-08-00441-CR James Roosevelt Rue v. The State of Texas  Appeal from 10th District Court of Galveston
County

AFFIRM TC JUDGMENT: Opinion by Justice Bland  
Before Justices Taft, Bland and Sharp
01-08-00528-CR Kenneth Earl Whitlock v. The State of Texas  Appeal from 338th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Higley  
Before Justices Jennings, Keyes and Higley
01-08-00574-CR Fred William Broussard v. The State of Texas  Appeal from Co Crim Ct at Law No 2 of Harris
County

DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Hanks  
Before Chief Justice Radack, Justices Alcala and Hanks
01-08-00632-CR In re Rodney D. Gowans, Sr.  Appeal from 12th District Court of Grimes County

AFFIRM TC JUDGMENT: Per Curiam  
Before Justices Jennings, Keyes and Higley
01-08-00662-CR Russo Ladez Vinson v. The State of Texas  Appeal from 262nd District Court of Harris County

March 3, 2009

Civil Causes Decided:

In re Blevins (Tex. App. - Houston [1st Dist.] Mar. 5, 2009)(per curiam denial)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam  
Before Justices Jennings, Keyes and Higley
01-09-00120-CV In re William Blevins  
Appeal from 306th District Court of Galveston County

Criminal Causes Decided: None