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November 2009 Decisions and Opinion Release Dates: November 2, 3, 4, 5, 6, 10, 12, 17, 19, 20, 23, 25, 30, 2009 November 30, 2009 Civil Causes Decided: Magee v. G & H Towing Co. (pdf) (Tex.App.- Houston [1st Dist.] Nov. 30, 2009)(Nuchia) (fatal car wreck, negligent entrustment claim) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Nuchia Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00572-CV Cory Wayne Magee, Individually, and Tracey D'ann Mayo, Individually and as Legal Representative of the Estate of Douglas Emery Magee, Deceased, and the Estate of Lois Ann Magee, Deceased v. G & H Towing Company Appeal from Probate Court No 1 of Harris County Magee v. G & H Towing Co. (pdf) (Tex.App.- Houston [1st Dist.] Nov. 30, 2009)(Nuchia) AFFIRM TC JUDGMENT: Opinion by Justice Sam Nuchia Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00837-CV Cory Wayne Magee, Individually, and Tracey D'ann Mayo, Individually and as Legal Representative of the Estate of Douglas Emery Magee, Deceased, and the Estate of Lois Ann Magee, Deceased v. William C. Colson Appeal from Probate Court No 1 of Harris County Trial Court Judge: Hon. Russell Austin In re McLane (pdf) (Tex.App.- Houston [1st Dist.] Nov. 30, 2009)(per curiam) DISMISS PETITION FOR WRIT OF HABEAS CORPUS: Per Curiam Before Justices Keyes, Alcala and Hanks 01-08-00763-CV In re Michael McLane Appeal from 309th District Court of Harris County Trial Court Judge: Hon. Annette Kuntz Criminal Causes Decided: November 25, 2009 Civil Causes Decided: Hourani v. Katzen (Tex.App.- Houston [1st Dist.] Nov. 25, 2009)(Higley) (suit for declaratory relief, dispute over restrictive covenants in a residential subdivision, defense of waiver, estoppel, UDJA attorney's fees, appointment of master in chancery) AFFIRM TC JUDGMENT: Opinion by Justice Laura Carter Higley Before Justices Jennings, Higley and Sharp 01-07-00971-CV Monzer Hourani and Carlton Park Owner's Association v. Jonathan Katzen Appeal from 190th District Court of Harris County Trial Court Judge: Hon. Jennifer Walker Elrod Criminal Causes Decided: November 23, 2009 Civil Causes Decided: WPS, Inc. v. Enervest Operating, LLC (pdf) (Tex.App.- Houston [1st. Dist.] Nov. 23,2009)(Taft) (jury charge error claim rejected, juror misconduct affidavit properly struck as inadmissible) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Keyes and Alcala 01-06-00759-CV WPS, Inc. v. Enervest Operating, LLC Appeal from 127th District Court of Harris County Trial Court Judge: Hon. Sharolyn P. Wood DISMISS PETITION FOR WRIT OF INJUNCTION: Per Curiam Before Chief Justice Radack, Justices Bland and Massengale 01-09-00765-CV In re Albert Morris Appeal from County Court at Law No 4 of Fort Bend County DISMISS PETITION FOR WRIT OF INJUNCTION: Per Curiam Before Chief Justice Radack, Justices Bland and Massengale 01-09-00766-CV In re Albert Morris Appeal from County Court at Law No 4 of Fort Bend County DISMISS PETITION FOR WRIT OF INJUNCTION: Per Curiam Before Chief Justice Radack, Justices Bland and Massengale 01-09-00767-CV In re Albert Morris Appeal from County Court at Law No 4 of Fort Bend County Criminal Causes Decided: November 20, 2009 Civil Cases Decided In re Osornia (Tex.App.- Houston [1st Dist.] Nov. 20, 2009)(per curiam) DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Alcala and Hanks 01-09-00535-CV In Re Fernando Osornia Appeal from 152nd District Court of Harris County Trial Court Judge: Hon. Robert Schaffer Criminal Causes Decided: None November 19, 2009 Civil Causes Decided: DISMISS APPEAL 11/19 11/19: Per Curiam (nonpayment of fees, challenge to affidavit of indigence sustained) Before Justices Keyes, Alcala and Hanks 01-07-00322-CV Michael Washington v. UTMB; et al. Appeal from County Civil Court at Law No 4 of Harris County DISMISS APPEAL 11/19: Per Curiam (failure to designate items for clerks record on appeal) Before Justices Jennings, Higley and Sharp 01-07-00358-CV Ralph O. Douglas v. American Title Company Appeal from 133rd District Court of Harris County Trial Court Judge: Hon. Lamar McCorkle Cantu v. McKinney (Tex.App.- Houston [1st Dist.] Nov. 19, 2009)(Higley) (sanctions, injunction, challenge to agreed judgment, Rule 11 agreement) (challenge to agreed judgment barred by acceptance of benefits doctrine) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Higley and Sharp 01-07-00638-CV Tony Cantu v. Wade E. McKinney, Jr., Rebecca McKinney, Justin McKinney, Daniel Broussard, Craig Dehaan, Jonnie Harker, Epernay Homeowners Association Appeal from 129th District Court of Harris County Trial Court Judge: Hon. Grant Dorfman Niessen Velasco v. Ayala (Tex.App.- Houston [1st Dist.] Nov. 19, 2009)(Higley) (void judgment) (motion for new trial, service by publication, service of process on defendant in foreign country) REVERSE TRIAL COURT JUDGMENT AND REMAND CASE TO TRIAL COURT FOR FURTHER PROCEEDINGS: Opinion by Justice Laura Carter Higley Before Justices Jennings, Higley and Sharp 01-07-01053-CV Betsabe Ivonne Niessen Velasco v. Alfonso Ignacio Ayala Appeal from 308th District Court of Harris County Trial Court Judge: Hon. Georgia Dempster Mensa-Wilmot v. Smith International, Inc. (Tex.App.- Houston [1st Dist.] Nov. 19, 2009)(Alcala) (breach of contract, option contract, untimely amendment of pleadings prior to summary judgment hearing, finality) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Alcala Before Justices Keyes, Alcala and Hanks 01-08-00481-CV Graham Mensa-Wilmot v. Smith International, Inc. Appeal from 165th District Court of Harris County Trial Court Judge: Hon. Elizabeth Ray DISMISS APPEAL 11/19: Per Curiam Before Chief Justice Radack, Justices Bland and Massengale 01-08-00853-CV Albert Jerome Wallace, Jr. v. Dianna Lynn Wallace Appeal from County Court at Law No 3 of Galveston County Siddiqui v. Unlimited Asset Recovery, Inc. (Tex.App.- Houston [1st Dist.] Nov. 19, 2009)(Sharp) (credit card debt suit, transfer from JP court to county court, notice of appeal not timely, interlocutory appeal not authorized) DISMISS APPEAL 11/19: Opinion by Justice Sharp Before Justices Jennings, Higley and Sharp 01-09-00026-CV Iram Siddiqui v. Unlimited Asset Recovery, Inc. Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Hon. Roberta A. Lloyd Woofter, M.D. v. Benitez (Tex.App.- Houston [1st Dist.] Nov. 19, 2009)(Sharp) (HCLC, denial of defendant's motion to dismiss affirmed) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Sharp Before Justices Jennings, Higley and Sharp 01-09-00161-CV Aaron Lee Woofter, M.D. Danny Chu, M.D., Johnathan Charles Daniel, M.D. and Fred Milton Sutton, Jr. M.D. v. Molly Benitez, Individually and as Representative of the Estate and Kazi M. Islam Appeal from Probate Court No 1 of Harris County Trial Court Judge: The Honorable Kathleen S Stone DISMISS APPEAL 11/19: Per Curiam Before Justices Jennings, Higley and Sharp 01-09-00170-CV Priscilla Celestine v. Department of Family and Protective Services Appeal from 313th District Court of Harris County Trial Court Judge: Hon. Pat Shelton Santi v. UTHSC at Houston (Tex.App.- Houston [1st Dist.] Nov. 19, 2009)(Alcala) (public employment dispute, discrimination, retaliation under the TCHRA) (plea to the jurisdiction granted) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Alcala Before Justices Keyes, Alcala and Hanks 01-09-00186-CV Kristi Santi v. The University of Texas Health Science Center at Houston, A Component Institution of the University of Texas System Appeal from 190th District Court of Harris County Trial Court Judge: Hon. Patricia J. Kerrigan City of Houston v. Norcini (Tex.App.- Houston [1st Dist.] Nov. 19, 2009)(Higley) (unconstitutional taking - flood control ordinance, ripeness issue, denial of plea to the jurisdiction affirmed) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Laura Carter Higley Before Justices Jennings, Higley and Sharp 01-09-00426-CV The City Of Houston v. Bruce A. Norcini Appeal from County Civil Court at Law No 3 of Harris County Trial Court Judge: Hon. Linda Storey DISMISS APPEAL 11/19: Per Curiam Before Justices Keyes, Alcala and Hanks 01-09-00549-CV Eduardo S. Gutarra v. Adriana Velez Thames Appeal from 308th District Court of Harris County Trial Court Judge: Hon. Robert Newey DISMISS APPEAL 11/19: Per Curiam Before Chief Justice Radack, Justices Bland and Massengale 01-09-00918-CV Theraworks, Inc. v. Tom Arriola Appeal from 270th District Court of Harris County Lakota Resources, Inc. v. Pathex Petroleum, Inc. (Tex.App.- Houston [1st Dist.] Nov. 19, 2009)(per curiam) (severance on appeal, vacate judgment pursuant to settlement agreement) SET ASIDE TRIAL COURT JUDGMENT AND REMAND CASE TO TRIAL COURT FOR RENDITION OF JUDGMENT IN ACCORDANCE WITH PARTIES' AGREEMENT: Per Curiam Before Justices Keyes, Alcala and Hanks 01-09-00955-CV Lakota Resources, Inc. v. Pathex Petroleum, Inc. and Dernick Resources, Inc., Appeal from 164th District Court of Harris County Trial Court Judge: Hon. Martha Hill Jamison Criminal Causes Decided: AFFIRM TRIAL COURT JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Bland and Massengale 01-08-00208-CR Shamsher Medih Chisti v. The State of Texas Appeal from 149th District Court of Brazoria County AFFIRM TRIAL COURT JUDGMENT IN PART, REVERSE TRIAL COURT JUDGMENT IN PART, AND REMAND CASE TO TRIAL COURT FOR FURTHER PROCEEDINGS: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Bland and Massengale 01-08-00453-CR Emanuell Glenn Randolph v. The State of Texas Appeal from 268th District Court of Fort Bend County AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Alcala Before Justices Keyes, Alcala and Hanks 01-08-00505-CR Samuel David Lynch v. The State of Texas Appeal from 177th District Court of Harris County AFFIRM TRIAL COURT JUDGMENT: Per Curiam Before Justices Keyes, Hanks and Bland 01-08-00579-CR James R. Lisne v. The State of Texas Appeal from Co Crim Ct at Law No 8 of Harris County AFFIRM TRIAL COURT JUDGMENT: Per Curiam Before Justices Jennings, Higley and Sharp 01-08-00864-CR Francisco Tabares Elvira v. The State of Texas Appeal from 232nd District Court of Harris County AFFIRM TRIAL COURT JUDGMENT: Per Curiam Before Justices Jennings, Higley and Sharp 01-08-00865-CR Francisco Tabares Elvira v. The State of Texas Appeal from 232nd District Court of Harris County AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Massengale 01-08-00941-CR Ulysses Love v. The State of Texas Appeal from 248th District Court of Harris County AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Sharp Before Justices Jennings, Higley and Sharp 01-09-00048-CR Keeshunar Michelle Cantley v. The State of Texas Appeal from 338th District Court of Harris County AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Alcala Before Justices Keyes, Alcala and Hanks 01-09-00087-CR Alvester Charles Williams v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Bland Before Judge Wilson, Justices Bland and Massengale 01-09-00190-CR Yubin Zhang v. The State of Texas Appeal from Co Crim Ct at Law No 14 of Harris County AFFIRM TRIAL COURT JUDGMENT: Per Curiam Before Justices Jennings, Higley and Sharp 01-09-00330-CR David Ellis McDaniel v. The State of Texas Appeal from Crim Dist Ct of Jefferson County DISMISS APPEAL 11/19: Per Curiam Before Justices Jennings, Higley and Sharp 01-09-00935-CR Gary Russell Burke v. The State of Texas Appeal from 232nd District Court of Harris County November 17, 2009 Civil Causes Decided: Criminal Causes Decided: DISMISS APPEAL: Per Curiam Before Justices Keyes, Alcala and Hanks) 01-09-00842-CR Sammy Keith Shipman v. The State of Texas Appeal from 337th District Court of Harris County November 12, 2009 Civil Causes Decided: Offord v. West Houston Trees, LLP (pdf) (Tex.App.- Houston [1st Dist.] Nov. 12, 2009)(Bland) (bill of review, motion for summary judgment, mental legal competency issue) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Sharp 01-08-01027-CV Diana G. Offord, as Guardian of the Estate of Winter Gordon, Jr., a/k/a Winter Gordon Sr. v. West Houston Trees, L.L.P. Appeal from 268th District Court of Fort Bend County Trial Court Judge: Hon. Brady G. Elliott DISMISS APPEAL: Per Curiam Before Justices Keyes, Alcala and Hanks 01-09-00333-CV Tina Southworth v. Farmers Mutual Protective Association of Texas Appeal from 284th District Court of Montgomery County Trial Court Judge: Judge Cara Wood DISMISS APPEAL: Per Curiam Before Justices Jennings, Higley and Sharp 01-09-00486-CV In the Matter T.T.L. v. The State of Texas Appeal from County Court at Law of Waller County Trial Court Judge: Hon. June Jackson DISMISS APPEAL: Per Curiam Before Justices Jennings, Higley and Sharp 01-09-00550-CV Richard E. O'der III and Randy E. O'Der v. City of Stafford Appeal from County Court at Law No 4 of Fort Bend County DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Alcala and Hanks 01-09-00642-CV In re Jesus Mejia Appeal from 257th District Court of Harris County Trial Court Judge: The Honorable Judy L. Warne DISMISS APPEAL: Per Curiam Before Justices Jennings, Higley and Sharp 01-09-00750-CV Zachry Industrial, Inc., f/k/a/ Zachry Construction Corporation and incorrectly sued as Zachry GP Holdings, LLC ( hereinafter " Zachry" v. Lazaro Pimentel Appeal from 55th District Court of Harris County Trial Court Judge: Hon. Dion Ramos DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Bland and Massengale 01-09-00752-CV Brian Smith v. Enterprise Bank Appeal from 240th District Court of Fort Bend County Trial Court Judge: Hon. Thomas R. Culver III DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Bland and Massengale 01-09-00841-CV Merit Electric Company Ltd. v. Jerry Duane Lilley and Tag Electric Company, L.P. Appeal from 269th District Court of Harris County Trial Court Judge: Hon. Dan Hinde Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Keyes, Alcala and Hanks 01-08-00087-CR Teddy Ogilvie Norman v. The State of Texas Appeal from 208th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Higley and Sharp 01-08-00409-CR Christian Okey Onwuegbusi v. The State of Texas Appeal from 177th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Keyes, Alcala and Hanks 01-08-00626-CR Francis Cherry Jr. v. The State of Texas Appeal from 177th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Keyes, Alcala and Hanks 01-09-00842-CR Sammy Keith Shipman v. The State of Texas Appeal from 337th District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Bland and Massengale 01-09-00867-CR Samuel Jackson v. The State of Texas Appeal from 338th District Court of Harris County November 10, 2009 Civil Causes Decided: DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam (mandamus re child custody order denied) Before Justices Jennings, Higley and Sharp 01-09-00929-CV In re Dionne Malaika Mukuro Appeal from 328th District Court of Fort Bend County Trial Court Judge: Hon. Ronald Pope Criminal Causes Decided: November 6, 2009 Civil Causes Decided: None this day Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Bland and Sharp 01-08-00026-CR Zachary Allen Voorhees v. The State of Texas Appeal from 177th District Court of Harris County Released Opinions November 5, 2009 Civil Causes Decided: DISMISS APPEAL: Per Curiam Before Justices Keyes, Alcala and Hanks 01-07-00163-CV Donald C. Jackson v. Texas Board of Pardons and Paroles Appeal from 133rd District Court of Harris County Trial Court Judge: Lamar McCorkle DISMISS APPEAL: Per Curiam Before Justices Keyes, Alcala and Hanks 01-07-00280-CV Donald Jackson v. Texas Board of Pardons & Parole Appeal from 133rd District Court of Harris County Trial Court Judge: Hon. Lamar McCorkle Tow v. Pagano (Tex.App. - Houston [1st Dist.] Nov. 5, 2009)(Higley) (no judicial estoppel based on nondisclosure of med-mal cause of action as asset in bankruptcy action, suit by trustee no time-barred, relationship between federal bankruptcy and state court proceedings) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley Before Justices Higley, Sharp and Mirabal 01-07-00464-CV Rodney Tow, Trustee for the Bankruptcy Estate of Erwina v. Scott K. Pagano, D.C. and Campbell Chiropractic Wellness Center Appeal from 333rd District Court of Harris County Trial Court Judge: Hon. Joseph Halbach DISMISS APPEAL: Opinion by Justice Hanks Before Justices Keyes, Alcala and Hanks 01-08-00545-CV Freddie L. Walker v. K.M. McDougald, et al. Appeal from County Court at Law No 2 & Probate Court of Brazoria County Trial Court Judge: Hon. Mark Holder Andy's Sunmart #352, Inc. v. Reliant Energy Retail Services (Tex.App.- Houston [1st Dist.] Nov. 5, 2009) (Jennings) (sworn account judgment reversed, reasonableness of charges underlying sworn account not established) (quantum meruit claim also fails) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings Before Justices Jennings, Higley and Sharp 01-08-00890-CV Andy's Sunmart #352, Inc., Holcombe Sunmart Inc., aka Sunmart #139 and Adnan A. Najm, Individually v. Reliant Energy Retail Services Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Hon. Roberta A. Lloyd General Metal Fabricating, Inc. v. Stergiou (Tex.App.- Houston [1st Dist.] Nov. 5, 2009)(Hanks) (Court lacks jurisdiction over this case because the order entitled "Final Judgment" in the underlying suit was, in fact, interlocutory) (finality of judgment as prerequisite for appeal) DISMISS APPEAL: Opinion by Justice Hanks Before Justices Keyes, Alcala and Hanks 01-08-00921-CV General Metal Fabricating, Inc., GMF Leasing, Inc., and Arnold Curry v. John Stergiou and Main Marine Repair and Industrial Cleaning, Co. Appeal from 133rd District Court of Harris County Trial Court Judge: Hon. Lamar McCorkle Stewart & Stevenson, L.L.C. v. Galveston Party Boats, Inc. (Tex.App.- Houston [1st Dist.] Nov. 5,2009)(Keyes) (consolidated interlocutory appeal and petition for writ of mandamus challenging the trial court’s order denying a motion to compel arbitration)(court of appeals dismisses the interlocutory appeal for lack of jurisdiction and denies the petition for writ of mandamus) (no valid underlying agreement to arbitrate dispute) (FAA vs. TAA) DISMISS APPEAL: Opinion by Justice Keyes Before Justices Keyes, Hanks and Bland 01-09-00030-CV Stewart & Stevenson, L.L.C., and MTU Detroit Diesel, Inc. v. Galveston Party Boats, Inc., and Boat Service of Galveston Appeal from 405th District Court of Galveston County Trial Court Judge: Hon. Wayne J. Mallia DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Keyes Before Justices Keyes, Hanks and Bland 01-09-00111-CV In re Stewart & Stevenson, LLC, MTU Detroit Diesel, Inc. Appeal from 405th District Court of Galveston County Morris, MD v. Umberson (Tex.App.- Houston [1st Dist.] Nov. 5, 2009)(Jennings) (HCLC, interlocutory appeal re extension of deadline for expert report not authorized and dismissed for want of jurisdiction) DISMISS APPEAL: Opinion by Justice Jennings (Because section 51.014(a)(9) plainly prohibits interlocutory appeals of orders granting extensions, appeal is premature and is dismissed for lack of jurisdiction)(attempted interlocutory appeal dismissed for lack of jurisdiction) Before Justices Jennings, Higley and Sharp 01-09-00644-CV Michael Morris, M.D.'s v. Mary Umberson Appeal from 269th District Court of Harris County Trial Court Judge: Hon. Dan Hinde Criminal Causes Decided: AFFIRM TRIAL COURT 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 REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Massengale Before Chief Justice Radack, Justices Bland and Massengale 01-08-00160-CR Michelle Yvette Johnlewis v. The State of Texas Appeal from County Court at Law No 1 of Fort Bend County AFFIRM TRIAL COURT JUDGMENT: Per Curiam Before Justices Keyes, Alcala and Hanks 01-08-00370-CR Damica Cheri Winston v. The State of Texas Appeal from 262nd District Court of Harris County DISMISS APPEAL 9/5: Per Curiam Before Justice Higley 01-08-00462-CR Gene Autry Shaffer v. The State of Texas Appeal from 176th District Court of Harris County AFFIRM TRIAL COURT JUDGMENT: Per Curiam Before Justices Jennings, Higley and Sharp 01-08-00502-CR Charles R Edwards v. The State of Texas Appeal from 184th District Court of Harris County AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Alcala Before Justices Keyes, Alcala and Hanks 01-08-00699-CR Joshua Jermaine Julius v. The State of Texas Appeal from 10th District Court of Galveston County AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Alcala and Hanks 01-08-00700-CR Joshua Jermaine Julius v. The State of Texas Appeal from 10th District Court of Galveston County AFFIRM TRIAL COURT JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Bland and Massengale 01-08-00933-CR Andrew Rodell Wilder v. The State of Texas Appeal from 209th District Court of Harris County DISMISS APPEAL 9/5: Per Curiam Before Justices Jennings, Higley and Sharp 01-09-00052-CR Lance Louis Johns v. The State of Texas Appeal from 351st District Court of Harris County AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Alcala Before Justices Keyes, Alcala and Hanks 01-09-00157-CR Joshua Jermaine Julius v. The State of Texas Appeal from 10th District Court of Galveston County AFFIRM TRIAL COURT JUDGMENT: Per Curiam Before Chief Justice Radack, Justices Sharp and Massengale 01-09-00219-CR Billy Don Tadlock v. The State of Texas Appeal from 7th District Court of Smith County AFFIRM TRIAL COURT JUDGMENT: Per Curiam Before Chief Justice Radack, Justices Bland and Massengale 01-09-00341-CR Jeffrey Thomas Jordan v. The State of Texas Appeal from 252nd District Court of Jefferson County November 4, 2009 Civil Causes Decided: Senko v. BP Products North America, Inc. (Tex.App.- Houston [1st Dist.] Nov. 4, 2009)(Keyes) (motion for a new trial, summary judgment on claims for negligence, negligence per se, and intentional infliction of emotional distress affirmed) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Alcala and Hanks) 01-08-01022-CV David Senko v. BP Products North America, Inc., and Don Parus Appeal from 212th District Court of Galveston County Trial Court Judge: Hon. Susan Elizabeth Criss MM Criminal Causes Decided: November 3, 2009 Civil Causes Decided: In re Jennings (Tex.App.- Houston [1st Dist.] Nov. 3, 2009)(per curiam) (mandamus relief denied re: order for a physical examination) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Alcala and Hanks 01-09-00907-CV In re Thomas E. Jennings, II Appeal from 55th District Court of Harris County Trial Court Judge: Hon. Dion Ramos Criminal Causes Decided: AFFIRM TC JUDGMENT: Per Curiam Before Chief Justice Radack, Justices Higley and Sharp 01-07-01058-CR Victor Cruz Martinez v. The State of Texas Appeal from 178th District Court of Harris County Released Opinions November 2, 2009 Civil Causes Decided: In re Domino's Pizza, LLC (Tex.App. - Houston [1st Dist.] Nov. 2, 2009)(per curiam) (Mandamus denied re: denial of "Motion to Determine Jury Questions") DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Higley and Sharp 01-09-00863-CV In re Domino's Pizza, L.L.C., and Hugo Espinosa Appeal from 270th District Court of Harris County Trial Court Judge: Hon. Brent Gamble Criminal Causes Decided: |
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