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May 2009 Decision and Opinion Release Dates: May 7, 8, 14, 15, 18, 19, 21, 27, 28, 29, 2009 MAY 2009 CIVIL CASE TABLE Released Opinions May 29, 2009 <--- Click date to go to docket and links to opinions Civil Causes Decided: (Tex.App.- Houston [1st Dist.] May 29, 2009) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Per Curiam Before Justice Taft 01-07-00879-CV Pedro Cornejo and Jamal A. Asafi v. Alberto Gonzalez Appeal from 280th District Court of Harris County (Tex.App.- Houston [1st Dist.] May 29, 2009) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Taft and Sharp 01-08-00748-CV In re Parker Drilling Offshore USA, LLC and Parker Drilling Offshore Corporation, LLC Appeal from County Court at Law No 2 of Galveston County (Tex.App.- Houston [1st Dist.] May 29, 2009) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Alcala and Higley 01-09-00439-CV In re Cheryl Parker Appeal from 55th District Court of Harris County (Tex.App.- Houston [1st Dist.] May 29, 2009) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Taft and Sharp 01-98-01362-CV Barry Keyser v. Miller, David and Lynette, et al. Appeal from Co Ct at Law No 3 & Probate Ct of Brazoria County Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Jennings and Alcala 01-05-00697-CR Carlos Landrian v. The State of Texas Appeal from 351st District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Taft, Bland and Sharp 01-08-00333-CR Irby Peter Rozelle v. The State of Texas Appeal from Co Crim Ct at Law No 5 of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Taft and Sharp 01-08-00798-CR Charles Henry Williams v. The State of Texas Appeal from 232nd District Court of Harris County Released Opinions May 28, 2009 Civil Causes Decided: (Tex.App.- Houston [1st Dist.] May 29, 2009) DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Higley 01-02-01342-CV Gerald C. Allen v. E. E. Hudson, Jr. Appeal from 113th District Court of Harris County (Tex.App.- Houston [1st Dist.] May 29, 2009) DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Bland 01-07-00005-CV Bennie Rucker, Ind., and d/b/a Lockwood Medical Lab and X-Ray v. Colonial Pacific Leasing Corporation d/b/a GE Capital Colonial Pacific Leasing Appeal from 190th District Court of Harris County (Tex.App.- Houston [1st Dist.] May 29, 2009) (Alcala) 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 (Tex.App.- Houston [1st Dist.] May 29, 2009) (Keyes) MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-07-00521-CV David A. White v. Martha Harris-White Appeal from 308th District Court of Harris County (Tex.App.- Houston [1st Dist.] May 29, 2009) (Alcala) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Alcala Before Justices Jennings, Alcala and Higley 01-07-00525-CV Francisco Corpus and Juana Maria Castillo v. Victor Hugo Barrera, Dora F. Barrera, Pete Arriaga and Jesusa Delao Appeal from 268th District Court of Fort Bend County (Tex.App.- Houston [1st Dist.] May 29, 2009) DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Higley 01-07-00657-CV Mike Stanton, Carolyn Higgs Stanton and Chateaucraft, Inc. v. Scott Holmes Appeal from 295th District Court of Harris County (Tex.App.- Houston [1st Dist.] May 29, 2009) DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Higley 01-07-01041-CV Don McCaffety, et al v. Manji Maredia, et al Appeal from Co Civil Ct at Law No 2 of Harris County (Tex.App.- Houston [1st Dist.] May 29, 2009) (Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Jennings, Keyes and Higley 01-08-00094-CV Melvin Holloway v. Bank of New York Appeal from Co Civil Ct at Law No 2 of Harris County (Tex.App.- Houston [1st Dist.] May 29, 2009) (Higley) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Alcala and Higley 01-08-00340-CV Vonda Griffin v. Doranita Carson Appeal from Co Civil Ct at Law No 4 of Harris County (Tex.App.- Houston [1st Dist.] May 29, 2009) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Taft and Sharp 01-08-00592-CV Xavier Gutierrez and All Occupants v. Clear Lake Falls Appeal from of County (Tex.App.- Houston [1st Dist.] May 29, 2009) (Higley) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Keyes and Higley 01-08-00735-CV Robert Allan Kennedy v. Texas Department of Public Safety Appeal from County Court at Law No 1 of Galveston County (Tex.App.- Houston [1st Dist.] May 29, 2009) (Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Keyes, Hanks and Bland 01-08-00893-CV Dolores Gabriles v. Sam's East, Inc., d/b/a Sam's Club Appeal from 212th District Court of Galveston County (Tex.App.- Houston [1st Dist.] May 29, 2009) (Alcala) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Jennings, Alcala and Higley 01-09-00023-CV City of Houston v. Stephon Lamar Davis Appeal from 239th District Court of Brazoria County (Tex.App.- Houston [1st Dist.] May 29, 2009) DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Bland 01-09-00172-CV Michael Montes v. Carlo Ciccarone Appeal from 122nd District Court of Galveston County Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Keyes and Higley 01-07-00771-CR Stacy Michael Maloney v. The State of Texas Appeal from 56th District Court of Galveston County AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Jennings, Keyes and Higley 01-08-00033-CR David Gene King v. The State of Texas Appeal from 185th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Jennings, Keyes and Higley 01-08-00086-CR Frederick Dwayne York v. The State of Texas Appeal from 180th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Jennings, Alcala and Higley 01-08-00126-CR Timothy Hearne 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 01-08-00784-CR Sun Ju Kim v. The State of Texas Appeal from Co Crim Ct at Law No 11 of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Higley 01-09-00301-CR Pedro Leon Shepherd v. The State of Texas Appeal from 174th District Court of Harris County May 27, 2009 Civil Causes Decided: DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Bland 01-08-00716-CV Obra Homes, Inc. v. Tuller Group One, L.P. Appeal from 164th District Court of Harris County Criminal Causes Decided: DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Hanks and Bland 01-09-00234-CR In re Javier Solis Jr. Appeal from 182nd District Court of Harris County May 22, 2009 Civil Causes Decided: DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Bland 01-08-00414-CV Carolyn K. McCollum v. Texas Department Of Licensing And Regulation f/k/a Texas Cosmetology Commission--Appeal from 165th District Court of Harris County Criminal Causes Decided: May 21, 2009 Civil Causes Decided: DISMISS APPEAL: Per Curiam (Before Chief Justice Radack, Justices Taft and Sharp) 01-00-00154-CV Mays, Edward, Individually and d/b/a Action Mechanical Services and Action Restoration Services, Inc. v. Vuong, Xan Q.--Appeal from 129th District Court of Harris County DISMISS APPEAL: Per Curiam (Before Chief Justice Radack, Justices Taft and Sharp) 01-00-00721-CV Dora, Neelam and Neeco Industries, Inc. v. Raman Mullick and Indus Technologies, Inc. Appeal from 164th District Court of Harris County DISMISS APPEAL: Per Curiam (Before Chief Justice Radack, Justices Taft and Sharp) 01-00-00913-CV Soto, Guadalupe v. Esther U. Lerma--Appeal from Co Civil Ct at Law No 3 of Harris County DISMISS APPEAL: Per Curiam (Before Justices Keyes, Hanks and Bland) 01-02-00547-CV Mabel G. and Ronald E. Gold v. Marlene J. Carlile, et al--Appeal from 113th District Court of Harris County DISMISS APPEAL: Per Curiam (Before Chief Justice Radack, Justices Taft and Sharp) 01-02-00680-CV C. RICHARD GRAY; TERRI BARTON GRAY; CLEARPAY,L.L.C.; CLEARCHEX.COM, INC.; CLEARFUNDS, L.L.C.; T.I.G.I. CONSULTING, INC.; AND CHEETA WIRELESS, L.L.C. v. Donald R. Looper--Appeal from 165th District Court of Harris County DISMISS APPEAL: Per Curiam (Before Chief Justice Radack, Justices Taft and Sharp) 01-03-00334-CV MRB Investments, Inc. v. Mission Bend Commercial Maintenance Association, Inc.--Appeal from 129th District Court of Harris County DISMISS APPEAL: Per Curiam (Before Chief Justice Radack, Justices Taft and Sharp) 01-06-00325-CV Savannah Robinson v. Citicorp Vendor Finance, Inc.--Appeal from 149th District Court of Brazoria County DISMISS APPEAL: Per Curiam (Before Justices Keyes, Hanks and Bland) 01-06-00699-CV AmPro Energy GP, L.L.C., and Amy Gasca v. Stephen Brownell, Ind., and Derivatively on Behalf of Ampro Energy, L.P.--Appeal from 280th District Court of Harris County Silver Lion, Inc. v. Larsen (Tex.App.- Houston [1st Dist.] May 21, 2009) (Hanks) (commercial lease, tortious interference, personal guaranty) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER JUDGMENT: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland) 01-07-00370-CV Silver Lion, Inc. v. R. Kent Larsen Appeal from 157th District Court of Harris County Trial Court Judge: Randall Wilson Tonkin v. Amador (Tex.App- Houston [1st Dist.] May 21, 2009)(Alcala) (attorney fee litigation, promissory note, material terms of note, evidence of reasonableness of attorney's fees AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Judge Wilson, Justices Alcala and Hanks 01-07-00496-CV Ronald H. Tonkin v. Lee Roy Amador Appeal from County Civil Court at Law No 3 of Harris County Trial court judges: Linda Storey; Visiting Judge Ed Landry Parr v. Parr (Tex.App,- Houston [1st Dist.] May 21, 2009)(Hanks) (attorneys fees award vacated in family law case, no evidence presented on fees) VACATE TC JUDGMENT AND DISMISS CASE: Opinion by Justice Hanks Before Chief Justice Radack, Justices Alcala and Hanks 01-07-00750-CV D'Juana Parr v. Brian Parr Appeal from 247th District Court of Harris County Trial Court Judge: Hon. Bonnie Hellums DISMISS APPEAL: Per Curiam (Before Justices Keyes, Hanks and Bland) 01-07-00788-CV Mary Ann DeMars and Robert DeMars v. Thomas A. Laucius, Althea M. Bailey, Diana "Chuang-Ling" Hsiung, Niey Bor Hsyung, Eddie M. Krenek, Chia-Su Chou, Teh-Weh Chou, Charles Chou and Assist-2-Sell, Inc. Realtors--Appeal from 280th District Court of Harris County Harrison v. Gaubert (Tex.App.- Houston [1st Dist.] May 21, 2009)(Hanks) (Tex.App.- Houston [1st Dist.] May 21, 2009)(Hanks)(default judgment case) (default judgment improperly granted based on unserved amended petition) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Chief Justice Radack, Justices Alcala and Hanks) 01-07-00814-CV Roger Harrison v. Harold and Virginia Gaubert Appeal from 61st District Court of Harris County Trial Court Judge: Hon. John Donovan Hays v. Butler (Tex.App.- Houston [1st Dist.] May 21, 2009)(Alcala) (property tax litigation, validity of tax judgment void judgment, foreclosure, real estate litigation, title dispute) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00197-CV Lloyd Hays and Shelia Manus v. J. Dude Butler and Karen B. Butler Appeal from 405th District Court of Galveston County Trial Court Judge: Hon Wayne Mallia DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Taft and Sharp 01-08-00239-CV Lee Roy Westbrook Construction Company, Inc. v. Jesus DeLeon and Lorena DeLeon, Individually and a/n/f of Ramiro DeLeon, Emilze DeLeon, and Kevin DeLeon, Minors Appeal from 334th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Bland 01-08-00675-CV Schey Advertising, Inc. v. Tracey F. Terry and Ad-Gal , Co., Inc. Appeal from 234th District Court of Harris County City of Houston v. Noonan (Tex.App.- Houston [1st Dist.] May 21, 2009)(Radack) (Tex.App.- Houston [1st Dist.] May 21, 2009)(Radack) (ripeness doctrine, denial of the City's plea to the jurisdiction affirmed, regulatory taking eminent domain) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Taft and Sharp 01-08-01030-CV City of Houston v. Harold Dean Noonan, II Appeal from County Civil Court at Law No 3 of Harris County Trial Court Judge: Hon. Linda Storey DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Taft and Sharp 01-09-00027-CV Peter Bryant Merritt and Peter B. Merritt, LLC d/b/a Realty Associates v. Donna Gutierrez--Appeal from 113th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Higley 01-09-00128-CV Ronald L. & Wendy S. Savage v. Cendant Mobility Financial Corporation d/b/a Cartus Financial Corporation Appeal from 157th District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Taft and Sharp 01-09-00391-CV In re Prudencio Cordova--Appeal from 278th District Court of Walker County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Taft and Sharp 01-93-00170-CV Zapata Corporation v. Beverly Lowenschuss Appeal from 215th District Court of Harris County Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Judge Wilson, Justices Nuchia and Higley 01-08-00082-CR Michael Akeam Jnlouis v. The State of Texas Appeal from 338th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00304-CR Vincent Woodard v. The State of Texas Appeal from 412th Judicial District Court of Brazoria County AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Keyes and Higley 01-08-00507-CR Edward Eugene Iglehart II v. The State of Texas Appeal from 180th District Court of Harris County REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00509-CR Courtney Brock v. The State of Texas Appeal from 23rd District Court of Brazoria County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Taft and Sharp 01-08-00520-CR Adrian Floyd Phillips v. The State of Texas Appeal from 174th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Bland 01-09-00149-CR Odell Wilson v. The State of Texas Appeal from 230th District Court of Harris County May 19, 2009 Civil Causes Decided: none Criminal Causes Decided: DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Taft and Sharp 01-09-00188-CR In re Lorenzo Rubio Quintero Appeal from 179th District Court of Harris County DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Alcala and Higley 01-09-00415-CR In re Charles R. Edwards Appeal from 184th District Court of Harris County May 18, 2009 Civil Causes Decided: DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks 01-09-00121-CV In re Forest Oil Corporation, Associated Electric & Gas Insurance Services Limited and Steadfast Insurance Company Appeal from 56th District Court of Galveston County Trial Court Judge: Hon Lonnie Cox MOTION OR WRIT GRANTED: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks 01-09-00235-CV In re Steadfast Insurance Company Appeal from 56th District Court of Galveston County Trial Court Judge: Hon Lonnie Cox Criminal Causes Decided: DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam (Before Justices Keyes, Hanks and Bland) 01-09-00413-CR In re Alex Melvin Wade, Jr. Appeal from 185th District Court of Harris County DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam (Before Justices Keyes, Hanks and Bland) 01-09-00414-CR In re Alex Melvin Wade, Jr. Appeal from 185th District Court of Harris County May 15, 2009 Civil Causes Decided: Criminal Causes Decided: MOTION OR WRIT DENIED: Per Curiam Before Justices Taft, Bland and Sharp 01-09-00143-CR In re Frank Anthony Furtado Appeal from 230th District Court of Harris County DISMISS PETITION FOR WRIT OF HABEAS CORPUS: Per Curiam Before Justices Taft, Higley and Sharp 01-09-00416-CR In re Donald W. Pugh Appeal from 248th District Court of Harris County May 14, 2009 Civil Causes Decided: Wuertz v. Nationwide Life Ins. Co. (Tex.App.- Houston [1st Dist.] May 14, 2009)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Jennings, Keyes and Higley 01-07-00272-CV Henry P. Wuertz v. Nationwide Life Insurance Company, Union Planters Bank, N.A., Union Planters Insurance Agency, Inc. and Rhonda Morey Appeal from 157th District Court of Harris County Trial Court Judge: The Honorable Randall Wilson Chavez v. Neely (Tex.App.- Houston [1st Dist.] May 14, 2009)(Radack) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00202-CV Brenda T. McNeely Chavez v. Joe D. McNeely Appeal from 155th District Court of Waller County Trial Court Judge: Hon. Dan R. Beck McLane v. DFPS DISMISS APPEAL: Opinion by Justice Hanks [ PDF ] (Before Chief Justice Radack, Justices Alcala and Hanks) 01-08-00387-CV Michael McLane v. Department of Family and Protective Services--Appeal from 309th District Court of Harris County Trial Court Judge: Hon. Frank B. Rynd Stoll v. Lewis AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack [ PDF ] (Before Chief Justice Radack, Justices Alcala and Hanks) 01-08-00556-CV A.J. Stoll, Jr. and Carolyn Stoll v. Tom Lewis--Appeal from 359th District Court of Montgomery County Trial Court Judge: Judge Kathleen Hamilton Twyman v. Twyman AFFIRM TC JUDGMENT: Opinion by Justice Keyes [ PDF ] (Before Justices Jennings, Keyes and Higley) 01-08-00888-CV Nancy D. Twyman v. William Earl Twyman--Appeal from Probate Court No 1 of Harris County Trial Court Judge: Hon. Russell Austin DISMISS APPEAL: Per Curiam [ PDF ] (Before Justices Jennings, Alcala and Higley) 01-08-01009-CV Salwa Shenaq as Executor of the estate of Shaleh Shenaq, M.D., The Methodist Hospital, and University General Hospital v. Susan Tabbaa--Appeal from 152nd District Court of Harris County Trial Court: 152nd District Court Trial Court Judge: Robert Schaffer Criminal Causes Decided: DISMISS APPEAL: Per Curiam [ PDF ] (Before Chief Justice Radack, Justices Alcala and Hanks) 01-06-00831-CR Jose Manuel Salinas v. The State of Texas--Appeal from 337th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings [ PDF ] (Before Justices Jennings, Keyes and Higley) 01-07-00461-CR Vance Edward Johnson v. The State of Texas--Appeal from 184th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack [ PDF ] (Before Chief Justice Radack, Justices Alcala and Hanks) 01-08-00285-CR Kevin Patrick Pilgreen v. The State of Texas--Appeal from 262nd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Hanks [ PDF ] (Before Chief Justice Radack, Justices Alcala and Hanks) 01-08-00306-CR Carlos Hernandez v. The State of Texas--Appeal from 209th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Alcala [ PDF ] (Before Justices Jennings, Alcala and Higley) 01-08-00318-CR Boderick Darett Davis v. The State of Texas--Appeal from 174th District Court of Harris County DISMISS APPEAL: Per Curiam [ PDF ] (Before Justices Taft, Bland and Sharp) 01-08-00425-CR Faviola Rios v. The State of Texas--Appeal from Co Crim Ct at Law No 13 of Harris County AFFIRM TC JUDGMENT: Per Curiam [ PDF ] (Before Justices Taft, Bland and Sharp) 01-08-00506-CR Geneva Foster v. The State of Texas--Appeal from 262nd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Hanks [ PDF ] (Before Chief Justice Radack, Justices Alcala and Hanks) 01-08-00610-CR David Lynn Bratcher v. The State of Texas--Appeal from 182nd District Court of Harris County DISMISS APPEAL: Per Curiam [ PDF ] (Before Justices Taft, Bland and Sharp) 01-09-00072-CR Brian Leonel Ayala v. The State of Texas--Appeal from 263rd District Court of Harris County DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam [ PDF ] (Before Chief Justice Radack, Justices Alcala and Hanks) 01-09-00245-CR In re James Ray Jackson Sr.--Appeal from 351st District Court of Harris County May 8, 2009 Civil Causes Decided: Rapid Settlements, Ltd v. Allstate Life Ins. Co. (Tex.App.- Houston [1st Dist.] May 8, 2009)(Taft)(DWOJ) (bill of review, arbitration confirmation suit, necessary party, order granting bill of review not final, order granting bill of review did not vacate underlying arbitration award, only the judgment confirming the arb award) DISMISS APPEAL: Opinion by Justice Taft Before Justices Taft, Bland and Sharp 01-08-00381-CV Rapid Settlements Ltd v. Allstate Life Insurance Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Hon. Roberta A. Lloyd In re ONEOK Arbuckele Land Co. (Tex.App.- Houston [1st Dist.] May 8, 2009)(per curiam)(moot) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Taft and Sharp 01-09-00347-CV In re ONEOK Arbuckle Land Company Appeal from 344th District Court of Chambers County Trial Court Judge: Hon. Carroll E. Wilborn Criminal Causes Decided: Released Opinions May 7, 2009 Civil Causes Decided: Haden v. Sacks (Tex.App.- Houston [1st Dist.] May 7, 2009)(Radack)(on remand)(attorney's fees) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Higley 01-01-00200-CV Haden, Charles M., Jr., Individually and Charles McIntyre Haden, Jr. & Co. d/b/a Haden & Company v. David J. Sacks, P.C. d/b/a Sacks & Associates Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: GARY MICHAEL BLOCK Haden v. Sacks, PC (Tex.App.- Houston [1st Dist.] May 7, 2009)(Radack)(on remand) (attorneys fees for obtaining turnover order in suit to collect fee from client, enforcement of unsuperseded judgment) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Higley 01-03-00025-CV Charles Haden, Jr., Individually, and Charles McIntyre Hayden, Jr. & Company d/b/a Haden & Company v. David J. Sacks, P.C. d/b/a Sacks & Associates Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: Hon. Gary Michael Block Yazdchi v. Walker (Tex.App.- Houston [1st Dist.] May 7, 2009)(Keyes) (motion for continuance, incomplete clerk's record on appeal) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Jennings, Keyes and Higley 01-05-00177-CV Abbas Yazdchi, Habibollah Yazdchi, and Ahmad Yazdchi v. Ted L. Walker, Tammy Tran, and Pete Mai Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Hon. Lloyd AllStyle Coil Co, LP v. Correon (Tex.App.- Houston [1st Dist.] May 7, 2009)(Sharp) (arbitration confirmation suit FAA, vacature denied, grounds to vacate)(worker wins in arbitration, award confirmed) AFFIRM TC JUDGMENT: Opinion by Justice Jim Sharp Before Justices Taft, Bland and Sharp 01-07-00790-CV AllStyle Coil Company, L.P. v. Roberto Carreon Appeal from 133rd District Court of Harris County Trial Court Judge: Hon. Lamar McCorkle (Tex.App.- Houston [1st Dist.] May 7, 2009)(nonpayment of fees) DISMISS APPEAL: Per Curiam Before Justice Sharp 01-07-00898-CV Michael Francis Palma v. Houston Independent School District, for itself and on behalf of Harris County Educational District Appeal from 61st District Court of Harris County In Interest of BGM (Tex.App.- Houston [1st Dist.] May 7, 2009)(Hanks)(SAPCR, conservatorship) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00018-CV In the Interest of B.G.M and B.M.M, Children Appeal from 311th District Court of Harris County Trial Court Judge: Hon. Doug Warne City of Houston v. Southern Electrical Services, Inc. (Tex.App.- Houston [1st Dist.] May 7, 2009)(Jennings) SET ASIDE TC JUDGMENT AND REMAND CASE TO TC FOR RENDITION OF JUDGMENT IN ACCORDANCE WITH PARTIES' AGREEMENT: Opinion by Justice Jennings Before Justices Taft, Jennings and Bland 01-08-00152-CV City of Houston v. Southern Electrical Services, Inc. as Assignee of the Caddell Construction Co., Inc., and The Caddell Construction Co., Inc. Appeal from 165th District Court of Harris County Trial Court Judge: Hon. Elizabeth Ray Jay Petroleum, LLC v. EOG Resources, Inc. (Tex.App.- Houston [1st Dist.] May 7, 2009)(Alcala) (scope of remand, implications of relief requested or not prayed for in court of appeals, remand of counterclaims, attorney's fees, fact issue as to reasonableness of attorney's fees, inflated number of hours claimed, controverting countervailing fee affidavit by attorney) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00541-CV Jay Petroleum, L.L.C. v. EOG Resources, Inc., f/k/a Enron Oil & Gas Company Appeal from 189th District Court of Harris County Trial Court Judge: Hon. William R. Burke. Jr. (Tex.App.- Houston [1st Dist.] May 7, 2009)() DISMISS APPEAL: Per Curiam Before Justices Taft, Bland and Sharp 01-08-00677-CV Norindeth Yin, Marissa Yin v. Ibrahim Abdallat Appeal from County Civil Court at Law No 4 of Harris County Blair v. Blair (Tex.App.- Houston [1st Dist.] May 7, 2009)(Jennings)(divorce decree, alimony vs. spousal support tax treatment, nunc pro tunc (NPT) order, clerical error vs. judicial error, discrepancy between settlement agreement and final decree, clarification of final decree vs. modification of judgment, res judicata) MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Jennings Before Justices Jennings, Keyes and Higley 01-08-00686-CV Grace Blair v. Robert Blair Appeal from 387th District Court of Fort Bend County Trial Court Judge: Hon. Robert J. Kern Kachar v. Harris County Attorneys (Tex.App.- Houston [1st Dist.] May 7, 2009)(Hanks) (bill of review, due diligence in using available remedies, termination of parental rights, vexatious litigant designation) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00730-CV Karen Kachar v. Harris County Attorneys Appeal from 257th District Court of Harris County Trial Court Judge: Hon. Judy Warne Kastner v. State of Texas (Tex.App.- Houston [1st Dist.] May 7, 2009)(per curiam) (indigency status, appeal) DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Higley 01-08-00894-CV Kristofer Thomas Kasnter v. The State of Texas; Harris County, Texas; Tommy Thomas; Saulo Aguilar; Michael LeCompte and Deputy M. Reynaud Appeal from 189th District Court of Harris County Trial Court Judge:Hon. William R. Burke. Jr. (Tex.App.- Houston [1st Dist.] May 7, 2009)(per curiam dismissal) DISMISS APPEAL: Per Curiam Before Justices Taft, Bland and Sharp 01-08-01033-CV Bryan Evans, Jon Vincent Deese, Shelly Andrews and Rachel Bankston f/k/a Rachel Deaton v. Corrpro Companies, Inc. Appeal from 280th District Court of Harris County (Tex.App.- Houston [1st Dist.] May 7, 2009)() DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks 01-09-00082-CV Ibrahim M. Eter, Mohamad Talal Eleter and Sarah Investments, Inc. v. Whitney National Bank Appeal from 125th District Court of Harris County (Tex.App.- Houston [1st Dist.] May 7, 2009)() DISMISS APPEAL: Per Curiam Before Justices Taft, Bland and Sharp 01-09-00122-CV Patricia Thibodeaux v. Alan Thibodeaux Appeal from 312th District Court of Harris County Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Chief Justice Radack, Justices Alcala and Hanks 01-07-00589-CR Helen Kiansky Kamen AKA v. The State of Texas Appeal from County Court at Law No 3 of Fort Bend County DISMISS APPEAL: Per Curiam Before Justices Jennings, Keyes and Higley 01-07-01060-CR Eddie Jermaine Johnson v. The State of Texas Appeal from 412th Judicial District Court of Brazoria County DISMISS APPEAL: Per Curiam Before Justices Jennings, Keyes and Higley 01-07-01061-CR Eddie Jermaine Johnson v. The State of Texas Appeal from 412th Judicial District Court of Brazoria County AFFIRM TC JUDGMENT: Per Curiam Before Justices Taft, Bland and Sharp 01-08-00524-CV Tracey Angelica Perez v. The State of Texas Appeal from 182nd District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00664-CR Albert Bruce Easley v. The State of Texas Appeal from 10th District Court of Galveston County DISMISS APPEAL: Per Curiam Before Justices Jennings, Keyes and Higley 01-08-01037-CR Randy Elliot v. The State of Texas Appeal from Co Crim Ct at Law No 10 of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Keyes and Higley 01-09-00089-CR Eddrina Christine Fontenot v. The State of Texas Appeal from 183rd District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Taft, Bland and Sharp 01-09-00202-CR Raquel Gonzalez Flores v. The State of Texas Appeal from 114th District Court of Smith County DISMISS APPEAL: Per Curiam Before Justices Jennings, Keyes and Higley 01-09-00254-CR James Thye v. The State of Texas Appeal from 339th District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks 01-09-00326-CR Jeffery Dawsey v. The State of Texas Appeal from 252nd District Court of Jefferson County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks 01-09-00327-CR Jeffery Dawsey v. The State of Texas Appeal from 252nd District Court of Jefferson County |