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September 2009 Decisions and Opinion Release Dates: September 3, 10, 15, 17, 18, 24, 25, 29, 30, 2009 SEP. '09 CIVIL CASE TABLE September 30, 2009 Civil Causes Decided: Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Taft, Bland and Sharp 01-07-01074-CR Andreas Peter Starz v. The State of Texas Appeal from 208th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Taft, Bland and Sharp 01-07-01075-CR Andreas Peter Starz v. The State of Texas Appeal from 208th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Taft, Bland and Sharp 01-07-01076-CR Andreas Peter Starz v. The State of Texas Appeal from 208th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Taft, Bland and Sharp 01-07-01077-CR Andreas Peter Starz v. The State of Texas Appeal from 208th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Taft, Bland and Sharp 01-07-01078-CR Andreas Peter Starz v. The State of Texas Appeal from 208th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Taft, Bland and Sharp 01-07-01079-CR Andreas Peter Starz v. The State of Texas Appeal from 208th District Court of Harris County September 29, 2009 Civil Causes Decided: DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Hanks and Bland 01-09-00666-CV In re All My Sons Moving & Storage of Houston, Inc., Appeal from 129th District Court of Harris County Trial Court Judge:Hon. Michael Gomez Criminal Causes Decided: None this day September 25, 2009 Civil Causes Decided: Plotkin v. Joekel (Tex.App.- Houston [1st Dist.] Sep. 25, 2009)(Taft) (staffing business dispute) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER JUDGMENT: Opinion by Justice Taft Before Justices Taft, Jennings and Bland 01-06-00624-CV Garry L. Plotkin v. Charles Joekel, et al. Appeal from 133rd District Court of Harris County Trial Court Judge: Hon. Lamar McCorkle In Re Wilhite (Tex.App.- Houston [1st Dist.] Sep. 25, 2009)(en banc opinion by Alcala) (mandamus to remove judge on claim of disqualification denied)(judicial disqualification)(asbestos litigation) DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Alcala Before Justices Jennings, Alcala and Higley 01-09-00387-CV In Re Edward and Margie Wilhite Appeal from 11th District Court of Harris County Trial Court Judge: Judge Mark D. Davidson Dissenting Opinion by Justice Jennings re disqualification of judge from asbestos case (Tex.App.- Houston [1st Dist.] Sep. 25, 2009)(Taft) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Bland and Sharp 01-09-00700-CV In re Jonathan J. Jiminez, as Next Friend of Jonathan Jiminez, Jr., Phyllis Scott, Individually and as Represntative of the Estate of Victoria De La Rosa Scott, Deceased, and Dennis De La Rosa Appeal from 189th District Court of Harris County Trial Court Judge: Hon. William R. Burke. Jr. Criminal Causes Decided: DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Alcala and Higley 01-09-00345-CR In re Nathan Rosnow Appeal from Co Crim Ct at Law No 6 of Harris County DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Alcala and Higley 01-09-00346-CR In re Nathan Rosnow Appeal from Co Crim Ct at Law No 6 of Harris County September 24, 2009 Civil Causes Decided: Gilbert v. HISD (Tex.App.- Houston [1st Dist.] Sep. 24, 2009)(Massengale) (pro se appeal, suing or defending suit as next friend of incompetent person, standing to bring appeal, tax lien foreclosure) AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Chief Justice Radack, Justices Bland and Massengale 01-06-00159-CV Matt Gilbert v. Houston Independent School District Appeal from 270th District Court of Harris County Trial Court Judge: Hon. Brent Gamble Harrison v. Charlie Thomas Ford, Ltd. (Tex.App.- Houston [1st Dist.] Sep. 24, 2009)(Sharp) (DTPA, Finance Code violations in installment sale of motor vehicle alleged, waiver of arguments on appeal) AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Chief Justice Radack, Justices Taft and Sharp 01-08-00164-CV Russell W. Harrison v. Charlie Thomas Ford, Ltd., d/b/a Charlie Thomas Ford Appeal from 61st District Court of Harris County Trial Court Judge: Hon. John Donovan Simmons v. Hollyview Apartments (Tex.App.- Houston [1st Dist.] Sep. 24, 2009) (forcible entry and detainer, writ of possession) (eviction appeal, TRCP, Tex. R. Civ. P. 749b., attorney's fees in eviction case) AFFIRM TC JUDGMENT: Opinion by Justice Terry Jennings Before Justices Jennings, Higley and Sharp 01-08-00231-CV Gregory Simmons v. Hollyview Apartments Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: Hon. Jacqueline Lucci Smith DISMISS APPEAL: Per Curiam (dismissed by appellant) Before Justices Keyes, Alcala and Hanks 01-09-00373-CV Settlement Funding, LLC v. A Transfer of Structured Settlement Payment Rights by Brenda S. Campbell Appeal from 215th District Court of Harris County Trial Court Judge: Hon. Steven E. Kirkland Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Hanks and Bland 01-08-00060-CR Heywood Joseph Sholars v. The State of Texas Appeal from 208th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Taft, Bland and Sharp 01-08-00186-CR Kenny Terrell Hubert v. The State of Texas Appeal from 230th District Court of Harris County OPINION CONCURRING IN PART WITH, AND DISSENTING IN PART TO, THIS COURT'S JUDGMENT: Concurring and Dissenting Opinion by Justice Sharp Before Justices Taft, Bland and Sharp 01-08-00186-CR Kenny Terrell Hubert v. The State of Texas Appeal from 230th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Justices Jennings, Higley and Sharp 01-08-00669-CR Dan Barnett v. The State of Texas Appeal from 262nd District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Higley and Sharp 01-08-00818-CR Kevin William Bubien v. The State of Texas Appeal from 337th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Keyes, Alcala and Hanks 01-08-00822-CR James Franklin Curtis v. The State of Texas Appeal from 56th District Court of Galveston County AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Justices Jennings, Higley and Sharp 01-08-01038-CR Juan Gabriel Rodriguez v. The State of Texas Appeal from Co Crim Ct at Law No 11 of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Massengale 01-09-00088-CR Dominique Jerrell Murchison v. The State of Texas Appeal from 263rd District Court of Harris County September 18, 2009 Civil Causes Decided: Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Justices Taft, Bland and Sharp 01-07-00718-CR Timothy Lee Riley v. The State of Texas Appeal from 337th District Court of Harris County Concurring Opinion by Justice Bland DISMISS APPEAL: Per Curiam Before Justices Keyes, Alcala and Hanks 01-09-00558-CR David Cleo Richard v. The State of Texas Appeal from 232nd District Court of Harris County September 17, 2009 Civil Causes Decided: Roy v. McMaster (Tex.App.- Houston [1st Dist.] Sep. 17, 2009)(Alcala) (no contractual wills) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Elsa 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 OAG v. McBee (Tex.App.- Houston [1st Dist.] Sep. 17, 2009) (Bland) (child support arrearage, adjustment of amount disapproved, offset claim disallowed) REVERSE TC JUDGMENT AND REMAND CASE TO TRIAL COURT FOR FURTHER PROCEEDINGS: Opinion by Justice Jane Bland Before Justices Taft, Bland and Sharp 01-08-00433-CV Office of the Attorney General v. Robert Sean McBee Appeal from 306th District Court of Galveston County Trial Court Judge: Hon. Janis L. Yarbrough AccuFleet, Inc.v. Harford Fire Ins. Co. (Tex.App.- Houston [1st Dist.] Sep. 17, 2009)(Hanks) (insurance coverage dispute) AFFIRM TC JUDGMENT IN PART, REVERSE TRIAL COURT JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Justices Keyes, Hanks and Bland 01-08-00684-CV AccuFleet, Inc. v. Harford Fire Insurance Company Appeal from 55th District Court of Harris County Trial Court Judge: Hon. Jeffrey A. Shadwick Mann v. DFPS (Tex.App.- Houston [1st Dist.] Sep. 17, 2009)(Radack) (termination of parental rights reversed, conservatorship decision affirmed) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Taft and Sharp 01-08-01004-CV Stephanie Mann v. Department of Family and Protective Services Appeal from 314th District Court of Harris County Trial Court Judge: Hon. John Phillips DISMISS APPEAL 9/17: Per Curiam Before Justices Jennings, Higley and Sharp 01-09-00773-CV Alden Joseph Varrett v. Terry White Verrett Appeal from 310th District Court of Harris County Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Bland and Sharp 01-07-00681-CR David Ashire v. The State of Texas Appeal from 182nd District Court of Harris County OPINION CONCURRING WITH THIS COURT'S JUDGMENT: Concurring Opinion by Justice Sharp Before Justices Taft, Bland and Sharp 01-07-00681-CR David Ashire v. The State of Texas Appeal from 182nd District Court of Harris County OPINION CONCURRING WITH THIS COURT'S JUDGMENT: Concurring Opinion by Justice Sharp Before Justices Taft, Bland and Sharp 01-07-00682-CR David Ashire v. The State of Texas Appeal from 182nd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Bland and Sharp 01-07-00682-CR David Ashire v. The State of Texas Appeal from 182nd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Bland and Massengale 01-07-00726-CR Marcall Bryce Cunningham v. The State of Texas Appeal from 268th District Court of Fort Bend County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Bland and Massengale 01-07-00736-CR Marcall Bryce Cunningham v. The State of Texas Appeal from 268th District Court of Fort Bend County AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Keyes, Alcala and Hanks 01-07-00921-CR Michael Martinez v. The State of Texas Appeal from 183rd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Keyes, Alcala and Hanks 01-08-00142-CR Anthony Ervin Kelly v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Keyes, Alcala and Hanks 01-08-00143-CR Anthony Ervin Kelly v. The State of Texas Appeal from 262nd District Court of Harris County September 15, 2009 Civil Causes Decided: In Re Bay Gas Storage Co., Ltd (Tex.App.- Houston [1st Dist.] Sep. 15, 2009)(per curiam) (mandamus re: denial of plea to the jurisdiction denied) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Hanks and Bland 01-09-00663-CV In re Bay Gas Storage Company, Ltd. Appeal from 190th District Court of Harris County Trial Court Judge: Hon. Patricia J. Kerrigan DENY PETITION FOR WRIT OF MANDAMUS 9/15: Per Curiam (mandamus denied re: transfer) Before Justices Jennings, Hanks and Higley 01-09-00781-CV In re Mark Trimble Appeal from County Court of Chambers County Trial court judge: Jimmy Sylvia DENY PETITION FOR WRIT OF PROHIBITION 9/15: Per Curiam (writ of prohibition denied re: eviction, forcible entry and detainer) Before Justices Jennings, Hanks and Higley 01-09-00782-CV In re Mark Trimble Appeal from County Court of Chambers County Criminal Causes Decided: September 10, 2009 Civil Causes Decided: Andress v. Meah Investments No. 2, Ltd. (Tex.App.- Houston [1st Dist] Sep. 10, 2009)(Keyes) (fraud, imposition of exemplary damages) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Keyes Before Justices Jennings, Keyes and Higley 01-07-00792-CV Morris Andress v. Meah Investments No. 2, Ltd. Appeal from 239th District Court of Brazoria County Trial Court Judge: Hon. Patrick Edward Sebesta Peden v. South Texas Surveying Assoc., Inc. (Tex.App.- Houston [1st Dist] Sep. 10, 2009)(Alcala) (defamation, substantial truth defense, estoppel, judicial estoppel, quasi-estoppel) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Alcala Before Justices Jennings, Alcala and Higley 01-08-00373-CV Tom and Paula Peden v. South Texas Surveying Associates, Inc., and Fred W. Lawton, Stephen Pohl Appeal from 80th District Court of Harris County Trial Court Judge: Hon. Lynn Bradshaw-Hull Stern v. Mischel (Tex.App.- Houston [1st Dist] Sep. 10, 2009)(dismissal requested by appellant) DISMISS APPEAL: Per Curiam Before Justices Keyes, Alcala and Hanks 01-09-00449-CV Howard J. Stern, Successor Trustee of the Teresa E. Kraft 1998 Investment Trust v. Mischel NFN Appeal from 113th District Court of Harris County In re Tanner Companies, Inc. (Tex.App.- Houston [1st Dist] Sep. 10, 2009) (mandamus re: discovery and sanctions orders) DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Hanks and Bland 01-09-00522-CV In re Tanner Companies, Inc., Paul Winters, William A. Zartler, Tyler Crabtree, Tanner Holdings, L.L.C., Tanner Services, L.L.C., and Denham Capital Management Appeal from 133rd District Court of Harris County Trial Court Judge: Jaclanel M. McFarland Sonic Momentum VWA, Ltd. v. Dror (Tex.App.- Houston [1st Dist] Sep. 10, 2009)(per curiam (reversed per Joint Motion to Reverse And Enter Take-Nothing Judgment) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Per Curiam Before Justices Jennings, Higley and Sharp 01-09-00677-CV Sonic Momentum VWA, Ltd. d/b/a/ Momentum Audi v. Daniel Dror, II Appeal from 157th District Court of Harris County Trial Court Judge: Hon. Randy Wilson Criminal Causes Decided: None this day September 3, 2009 Civil Causes Decided: Criminal Causes Decided: DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Higley 01-04-00162-CR Theodoro Martinez, Jr v. The State of Texas Appeal from 240th District Court of Fort Bend County |
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