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April 2010 Appellate Decisions with Links to Opinions in Civil Cases: Opinion Release Dates: April 1, 2, 6, 7, 8, 9, 15, 16, 19, 22, 26, 27, 28, 29, 2010 Released Opinions April 29, 2010 Civil Causes Decided: McGowen v. Lewis (Tex.App.- Houston [1st Dist.] Apr. 29, 2010)(Massengale) MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Massengale Before Chief Justice Radack, Justices Bland and Massengale 01-07-01095-CV Kenric Orlando McGowen v. Charles Edward Lewis Appeal from Co Civil Ct at Law No 2 of Harris County Henderson v. M.D. Anderson Cancer Center (Tex.App.- Houston [1st Dist.] Apr. 29, 2010)(Radack) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack 01-08-00376-CV Louatrice Henderson v. The University of Texas M.D. Anderson Cancer Center Appeal from 80th District Court of Harris County RRB Land Investments LTD v. Harris County Appraisal District (Tex.App.- Houston [1st Dist.] Apr. 29, 2010)(Radack) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Higley 01-09-00519-CV RRB Land Investments LTD commonly known by Defendants as Cypresswood Venture I Ltd v. Harris County Appraisal District and the Appraisal Review Board of Harris County Appraisal District Appeal from 281st District Court of Harris County Milbank 521 Sam Houston I LLC v. Harris County Appraisal District (Tex.App.- Houston [1st Dist.] Apr. 29, 2010)(Radack) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack 01-09-00541-CV Milbank 521 Sam Houston I LLC, Milbank 521 Sam Houston II LLC, Milbank 521 Sam Houston III LLC, Milbank 521 Sam Houston IV LLC and Milbank 521 V LLC, commonly known the the Defendant as 521 Atrium LP; Milbank 505 Sam Houston I LLC, Milbank 505 Sam Houston v. Harris County Appraisal District and the Appraisal Review Board of Harris County Appraisal District Appeal from 280th District Court of Harris County "District" v. Etal (Tex.App.- Houston [1st Dist.] Apr. 29, 2010)(Radack) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Higley 01-09-00652-CV Harris County Appraisal District (herein the "District" v. Chein-Li Kang Shen Etal, as the Property Owners and the Property Owners Appeal from 151st District Court of Harris County Harris County Appraisal District v. KMI Yorktown LP (Tex.App.- Houston [1st Dist.] Apr. 29, 2010)(Radack) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Higley 01-09-00661-CV Harris County Appraisal District ( hereinafter) the District v. KMI Yorktown LP Appeal from 151st District Court of Harris County Jones v. Precella (Tex.App.- Houston [1st Dist.] Apr. 29, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Higley 01-09-00954-CV Terry L. Jones v. Mary Lou Precella Appeal from 280th District Court of Harris County Criminal Causes Decided: Palmer v. Texas (Tex.App.- Houston [1st Dist.] Apr. 29, 2010)(Massengale) AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Justices Keyes, Sharp and Massengale 01-08-00141-CR Thomas Otis Palmer v. The State of Texas Appeal from 23rd District Court of Brazoria County Zelaya v. Texas (Tex.App.- Houston [1st Dist.] Apr. 29, 2010)(Radack) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Higley 01-09-00376-CR Jorge Alberto Zelaya v. The State of Texas Appeal from 209th District Court of Harris County Zelaya v Texas (Tex.App.- Houston [1st Dist.] Apr. 29, 2010)(Radack) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Higley 01-09-00377-CR Jorge Alberto Zelaya v. The State of Texas Appeal from 209th District Court of Harris County Zelaya v. Texas (Tex.App.- Houston [1st Dist.] Apr. 29, 2010)(Radack) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Higley 01-09-00378-CR Jorge Alberto Zelaya v. The State of Texas Appeal from 209th District Court of Harris County Veltz v. Texas (Tex.App.- Houston [1st Dist.] Apr. 29, 2010)(Sharp) AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Justices Keyes, Sharp and Massengale 01-09-00803-CR Hiram Veltz v. The State of Texas Appeal from 184th District Court of Harris County Veltz v. Texas (Tex.App.- Houston [1st Dist.] Apr. 29, 2010)(Sharp) AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Justices Keyes, Sharp and Massengale 01-09-00804-CR Hiram Veltz v. The State of Texas Appeal from 184th District Court of Harris County Montalvo v. Texas (Tex.App.- Houston [1st Dist.] Apr. 29, 2010)(Massengale) AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Justices Keyes, Sharp and Massengale 01-09-01134-CR Guillermo Montalvo v. The State of Texas Appeal from 208th District Court of Harris County Montalvo v. Texas (Tex.App.- Houston [1st Dist.] Apr. 29, 2010)(Sharp) OPINION CONCURRING IN PART WITH, AND DISSENTING IN PART TO, THIS COURT'S JUDGMENT: Concurring and Dissenting Opinion by Justice Sharp Before Justices Keyes, Sharp and Massengale 01-09-01134-CR Guillermo Montalvo v. The State of Texas Appeal from 208th District Court of Harris County Flores v. Texas (Tex.App.- Houston [1st Dist.] Apr. 29, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Higley 01-10-00129-CR Andres Gilberto Flores v. The State of Texas Appeal from 268th District Court of Fort Bend County Flores v. Texas (Tex.App.- Houston [1st Dist.] Apr. 29, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Higley 01-10-00130-CR Andres Gilberto Flores v. The State of Texas Appeal from 268th District Court of Fort Bend County Flores v. Texas (Tex.App.- Houston [1st Dist.] Apr. 29, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Higley 01-10-00131-CR Andres Gilberto Flores v. The State of Texas Appeal from 268th District Court of Fort Bend County Palmer v. Texas (Tex.App.- Houston [1st Dist.] Apr. 29, 2010)(Massengale) AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Justices Keyes, Sharp and Massengale 01-10-00280-CR Thomas Otis Palmer v. The State of Texas Appeal from 23rd District Court of Brazoria County Palmer v. Texas (Tex.App.- Houston [1st Dist.] Apr. 29, 2010)(Massengale) AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Justices Keyes, Sharp and Massengale 01-10-00281-CR Thomas Otis Palmer v. The State of Texas Appeal from 23rd District Court of Brazoria County Palmer v. Texas (Tex.App.- Houston [1st Dist.] Apr. 29, 2010)(Massengale) AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Justices Keyes, Sharp and Massengale 01-10-00282-CR Thomas Otis Palmer v. The State of Texas Appeal from 23rd District Court of Brazoria County April 28, 2010 Civil Causes Decided: In re BFI Waste Services of Texas, LP (Tex.App.- Houston [1st Dist.] Apr. 28, 2010)(Per Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Higley and Bland 01-10-00284-CV In re BFI Waste Services of Texas, LP Appeal from 56th District Court of Galveston County Criminal Causes Decided: April 27, 2010 Civil Causes Decided: In re Michael Wolfe (Tex.App.- Houston [1st Dist.] Apr. 27, 2010)(Per Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Alcala and Higley) 01-10-00302-CV In re Michael Wolfe Appeal from 281st District Court of Harris County Criminal Causes Decided: April 26, 2010 Civil Causes Decided: In re Gene E. Phillips (Tex.App.- Houston [1st Dist.] Apr. 26, 2010)(Per Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Jennings and Higley 01-10-00285-CV In re Gene E. Phillips Appeal from 295th District Court of Harris County Criminal Causes Decided: April 22, 2010 Civil Causes Decided: McCollum v. Texas Department of Licensing And Regulation (Tex.App.- Houston [1st Dist.] Apr. 22, 2010)(Hanks) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Justices Jennings, 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 Blevins v. Andrews (Tex.App.- Houston [1st Dist.] Apr. 22, 2010)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Sharp and Massengale 01-08-00598-CV Charles Blevins v. Diane E. Andrews Appeal from Co Civil Ct at Law No 3 of Harris County Diamond Offshore Management Company v. Cummings (Tex.App.- Houston [1st Dist.] Apr. 22, 2010)(Radack) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Higley 01-08-00647-CV Diamond Offshore Management Company , Diamond Offshore Services Company v. Johnathan Cummings Appeal from 190th District Court of Harris County Apache Industrial Painting v. Gulf Copper & Manufacturing Corporation (Tex.App.- Houston [1st Dist.] Apr. 22, 2010)(Hanks) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-08-00812-CV Apache Industrial Painting v. Gulf Copper & Manufacturing Corporation Appeal from 212th District Court of Galveston County In re Art Harris (Tex.App.- Houston [1st Dist.] Apr. 22, 2010)(Per Curiam) GRANT PETITION FOR WRIT OF MANDAMUS: Before 01-09-00771-CV In re Art Harris Appeal from 280th District Court of Harris County Polycomp Administrative Services, Inc. v. Jackson (Tex.App.- Houston [1st Dist.] Apr. 22, 2010)(Alcala) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Higley 01-09-00999-CV Polycomp Administrative Services, Inc. v. Jonathan David Jackson and Brenda Jackson Appeal from 164th District Court of Harris County Harris County Appraisal District v. Bishop (Tex.App.- Houston [1st Dist.] Apr. 22, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Justices Keyes, Sharp and Massengale 01-09-01004-CV Harris County Appraisal District and the Appraisal Review Board of Harris County Appraisal District v. J. Morgan & Margaret Bishop, as the property owners and the property owners Appeal from 55th District Court of Harris County Suttles v. Vestin realty Mortgage I, Inc. (Tex.App.- Houston [1st Dist.] Apr. 22, 2010)(Alcala) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Higley 01-09-01023-CV Tracy Suttles and wife, Cynthia Suttles v. Vestin Realty Mortgage I, Inc., a Maryland corporation; Vestin Realty Mortgage II, Inc., a Maryland corporation, and Vestin Fund, III LLC, a Nevada limited liability company Appeal from 113th District Court of Harris County Parker v. Fourth Church of Christ Scientist (Tex.App.- Houston [1st Dist.] Apr. 22, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Higley 01-09-01035-CV Betty Jo Parker and Anita Lee v. Fourth Church of Christ Scientist Appeal from 334th District Court of Harris County Thomas v. McGuirt (Tex.App.- Houston [1st Dist.] Apr. 22, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Justices Keyes, Sharp and Massengale 01-09-01057-CV Tommy Thomas v. Marcus McGuirt Appeal from 152nd District Court of Harris County Rig Fabricators & Repair, Inc. v. Stephens (Tex.App.- Houston [1st Dist.] Apr. 22, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Justices Keyes, Sharp and Massengale 01-10-00168-CV Rig Fabricators & Repair, Inc. v. Steve Stephens d/b/a and a/k/a Terra-Texas Company Appeal from 234th District Court of Harris County Criminal Causes Decided: Criminal Causes Decided: Shearer v. Texas (Tex.App.- Houston [1st Dist.] Apr. 22, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Higley 01-06-00167-CR Robert S. Shearer v. The State of Texas Appeal from County Court at Law No 2 of Galveston County Shearer v. Texas (Tex.App.- Houston [1st Dist.] Apr. 22, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Higley 01-06-00168-CR Robert S. Shearer v. The State of Texas Appeal from County Court at Law No 2 of Galveston County Shearer v. Texas (Tex.App.- Houston [1st Dist.] Apr. 22, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Higley 01-06-00169-CR Robert S. Shearer v. The State of Texas Appeal from County Court at Law No 2 of Galveston County Shearer v. Texas (Tex.App.- Houston [1st Dist.] Apr. 22, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Higley 01-06-00170-CR Robert S. Shearer v. The State of Texas Appeal from County Court at Law No 2 of Galveston County Shearer v. Texas (Tex.App.- Houston [1st Dist.] Apr. 22, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Higley 01-06-00171-CR Robert S. Shearer v. The State of Texas Appeal from County Court at Law No 2 of Galveston County Nelson v. Texas (Tex.App.- Houston [1st Dist.] Apr. 22, 2010)(Massngale) AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Justices Keyes, Sharp and Massengale 01-08-00390-CR Donald E. Nelson v. The State of Texas Appeal from 185th District Court of Harris County Koonce v. Texas (Tex.App.- Houston [1st Dist.] Apr. 22, 2010)(Per Curiam) AFFIRM TC JUDGMENT: Per Curiam Before Justices Jennings, Hanks and Bland 01-08-00456-CR Albert Lee Koonce v. The State of Texas Appeal from 232nd District Court of Harris County Staggs v. Texas (Tex.App.- Houston [1st Dist.] Apr. 22, 2010)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Sharp and Massengale 01-08-00565-CR Jonathon Russell Staggs v. The State of Texas Appeal from 252nd District Court of Jefferson County Staggs v. Texas (Tex.App.- Houston [1st Dist.] Apr. 22, 2010)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Sharp and Massengale 01-08-00570-CR Jonathon Russell Staggs v. The State of Texas Appeal from 252nd District Court of Jefferson County Murphy v. Texas (Tex.App.- Houston [1st Dist.] Apr. 22, 2010)(Alcala) MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Higley 01-08-00768-CR William Albert Murphy v. The State of Texas Appeal from 185th District Court of Harris County Murphy v. Texas (Tex.App.- Houston [1st Dist.] Apr. 22, 2010)(Alcala) MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Higley 01-08-00769-CR William Albert Murphy v. The State of Texas Appeal from 185th District Court of Harris County Duncan v. Texas (Tex.App.- Houston [1st Dist.] Apr. 22, 2010)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Sharp and Massengale 01-08-00875-CR Melvin Laron Duncan v. The State of Texas Appeal from 337th District Court of Harris County Cooper v. Texas (Tex.App.- Houston [1st Dist.] Apr. 22, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Justices Keyes, Sharp and Massengale 01-09-00264-CR Jake Mitchell Cooper v. The State of Texas Appeal from 337th District Court of Harris County Bronson v. Texas (Tex.App.- Houston [1st Dist.] Apr. 22, 2010)(Jennings) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Hanks and Bland 01-09-00266-CR Marcus Dawayne Bronson v. The State of Texas Appeal from 185th District Court of Harris County Gilbert v. Texas (Tex.App.- Houston [1st Dist.] Apr. 22, 2010)(Jennings) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Hanks and Bland 01-09-00351-CR Gay Lane Gilbert v. The State of Texas Appeal from 248th District Court of Harris County Gilbert v. Texas (Tex.App.- Houston [1st Dist.] Apr. 22, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Justices Keyes, Sharp and Massengale 01-09-01135-CR Gerald Earl Gilbert v. The State of Texas Appeal from 228th District Court of Harris County Lisney v. Texas (Tex.App.- Houston [1st Dist.] Apr. 22, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Justices Jennings, Hanks and Bland 01-10-00174-CR James R. Lisney v. The State of Texas Appeal from 184th District Court of Harris County April 19, 2010 Civil Causes Decided: In re Esther Anderson and Benson & Anderson, LLP (Tex.App.- Houston [1st Dist.] Apr. 19, 2010)(Bland) GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-10-00182-CV In re Esther Anderson and Benson & Anderson, L.L.P. Appeal from 133rd District Court of Harris County Criminal Causes Decided: April 16, 2010 Civil Causes Decided: JSC Neftegas-Impex v. Transcontinental Products and Services, Inc. (Tex.App.- Houston [1st Dist.] Apr. 22, 2010)(Taft) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Chief Justice Radack, Justices Taft and Sharp 01-07-00397-CV JSC Neftegas-Impex v. Transcontinental Products and Services, Inc. and Citibank, N.A. Appeal from 152nd District Court of Harris County Criminal Causes Decided: April 15, 2010 Civil Causes Decided: Pickard v. LJH Enterprises, Inc. (Tex.App.- Houston [1st Dist.] Apr. 15, 2010)(Alcala) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Higley 01-07-01105-CV Richard Pickard v. LJH Enterprises, Inc. Appeal from 151st District Court of Harris County Hotze v. City of Houston (Tex.App.- Houston [1st Dist.] Apr. 15, 2010)(Wilson) OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Judge Wilson Before Judge Wilson, Justices Alcala and Hanks 01-08-00016-CV Bruce R. Hotze v. Bill White, Mayor and City of Houston Appeal from 133rd District Court of Harris County Hotze v. City of Houston (Tex.App.- Houston [1st Dist.] Apr. 15, 2010)(Hanks) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Judge Wilson, Justices Alcala and Hanks 01-08-00016-CV Bruce R. Hotze v. Bill White, Mayor and City of Houston Appeal from 133rd District Court of Harris County Wingo v. Oakwood Villa Apts. (Tex.App.- Houston [1st Dist.] Apr. 15, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Justices Jennings, Hanks and Bland 01-08-00171-CV Eva Jean Wingo v. Oakwood Villa Apts. Appeal from Co Civil Ct at Law No 4 of Harris County Tellepsen Builders, L.P v. Kendall/Heaton Associates, Inc. (Tex.App.- Houston [1st Dist.] Apr. 15, 2010)(Massengale) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Massengale Before Chief Justice Radack, Justices Bland and Massengale 01-08-00295-CV Tellepsen Builders, L.P. v. Kendall/Heaton Associates, Inc., and CBM Engineers, Inc. Appeal from 269th District Court of Harris County Whitton v. Loescher (Tex.App.- Houston [1st Dist.] Apr. 15, 2010)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Sharp and Massengale 01-08-00497-CV Terry G. Whitton v. Edward M. Loescher and April Loescher Appeal from 11th District Court of Harris County Ameriquest Mortgage Company v. Ashworth (Tex.App.- Houston [1st Dist.] Apr. 15, 2010)(Keyes) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Keyes Before Justices Keyes, Sharp and Massengale 01-08-00544-CV Ameriquest Mortgage Company f/k/a Long Beach Mortgage v. Clyde Ashworth and Paula Welch Appeal from 122nd District Court of Galveston County Gulley v. Davis (Tex.App.- Houston [1st Dist.] Apr. 15, 2010)(Per Curiam) AFFIRM TC JUDGMENT: Before 01-08-00572-CV Joe B. Gulley, Jr. and Imelda Gulley v. Wirt Davis, II, Individually, et al Appeal from 411th District Court of Polk County Simien v. Unifund CCR Partners (Tex.App.- Houston [1st Dist.] Apr. 15, 2010)(Alcala) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Keyes, Alcala and Hanks 01-08-00593-CV Michelle D. Simien v. Unifund CCR Partners Appeal from Co Civil Ct at Law No 4 of Harris County Robertson v. Melamed (Tex.App.- Houston [1st Dist.] Apr. 15, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Justices Jennings, Hanks and Bland 01-08-00832-CV Ted Lawrence Robertson v. Sandy Melamed Appeal from 151st District Court of Harris County Young v. Texas First Bank (Tex.App.- Houston [1st Dist.] Apr. 15, 2010)(Radack) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Higley 01-08-00835-CV George A. Young and Shirley A. Young v. Texas First Bank and Mynde S. Eisen Appeal from 212th District Court of Galveston County Pryor v. Deutsche Bank National Trust Company (Tex.App.- Houston [1st Dist.] Apr. 15, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Justices Jennings, Hanks and Bland 01-08-00855-CV Travis Pryor Sr. v. Deutsche Bank National Trust Company, As Trustee for the Registered Holders of GSAMP Trust 2005-SD1 , Mortgage Pass - Through Certificates, Series 2005- SD1 And Ocwen Loan Serviding LLC Appeal from Co Ct at Law No 3 & Probate Ct of Brazoria County Penson v. Auto Care America (Tex.App.- Houston [1st Dist.] Apr. 15, 2010)(Hanks) DISMISS APPEAL: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-08-00889-CV Thomas Penson v. Auto Care America Appeal from 268th District Court of Fort Bend County Mustafa v. Matrut (Tex.App.- Houston [1st Dist.] Apr. 15, 2010)(Hanks) MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-08-00985-CV Osman Mustafa, d/b/a Sam's General Trading, Inc. and Shell Rabbit Lube and Shell Rapid Lube v. Karim Matrut Appeal from 334th District Court of Harris County Cox v. Cox (Tex.App.- Houston [1st Dist.] Apr. 15, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Justices Jennings, Hanks and Bland 01-09-00423-CV Bill Cox v. Ruby Cox Appeal from 309th District Court of Harris County Texas DPS v. Potter (Tex.App.- Houston [1st Dist.] Apr. 15, 2010)(Bland) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-09-00822-CV Texas Department of Public Safety v. Kristina A. Potter Appeal from County Court at Law of Austin County Ashkar Engineering Corporation v. Gulf Chemical & Metallurgical Corporation (Tex.App.- Houston [1st Dist.] Apr. 15, 2010)(Higley) DISMISS APPEAL: Opinion by Justice Higley Before Chief Justice Radack, Justices Alcala and Higley 01-09-00855-CV Ashkar Engineering Corporation v. Gulf Chemical & Metallurgical Corporation Appeal from 215th District Court of Harris County Thompson v. Abram (Tex.App.- Houston [1st Dist.] Apr. 15, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Higley 01-09-00878-CV Leonard Thompson v. Ashley Nicole Abram Appeal from 311th District Court of Harris County Millar v. Reliant Hardwood Flooring, Inc. (Tex.App.- Houston [1st Dist.] Apr. 15, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Justices Jennings, Hanks and Bland 01-09-00915-CV Reni Millar v. Reliant Hardwood Flooring, Inc. Appeal from Co Civil Ct at Law No 1 of Harris County Ranger Specialized Glass, Inc. v. G.T. Leach Builders, LLC (Tex.App.- Houston [1st Dist.] Apr. 15, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Justices Jennings, Hanks and Bland 01-10-00009-CV Ranger Specialized Glass, Inc., and Ranger Glass San Antonio, Inc. v. G.T. Leach Builders, L.L.C. Appeal from 269th District Court of Harris County In re Barbara Regina Schlein (Tex.App.- Houston [1st Dist.] Apr. 15, 2010)(Per Curiam) DENY MOTION: Per Curiam Before Chief Justice Radack, Justices Alcala and Higley 01-10-00283-CV In re Barbara Regina Schlein Appeal from County Court at Law No 2 of Galveston County Criminal Causes Decided: Bullard v. Texas (Tex.App.- Houston [1st Dist.] Apr. 15, 2010)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Sharp and Massengale 01-08-00861-CR Frank Bullard III v. The State of Texas Appeal from County Court at Law No 1 of Galveston County Jackson v. Texas (Tex.App.- Houston [1st Dist.] Apr. 15, 2010)(Hanks) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-09-00223-CR Demichael R. Jackson v. The State of Texas Appeal from 241st District Court of Smith County Alexander v. Texas (Tex.App.- Houston [1st Dist.] Apr. 15, 2010)(Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-09-00300-CR Daryl Wayne Alexander v. The State of Texas Appeal from 174th District Court of Harris County Santee v. Texas (Tex.App.- Houston [1st Dist.] Apr. 15, 2010)(Hanks) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-09-00412-CR Lavar John Santee v. The State of Texas Appeal from 209th District Court of Harris County Jones v. Texas (Tex.App.- Houston [1st Dist.] Apr. 15, 2010)(per curiam) AFFIRM TC JUDGMENT: Per Curiam Before Justices Keyes, Sharp and Massengale 01-09-00640-CR Mark Anthony Jones v. The State of Texas Appeal from 263rd District Court of Harris County Hernandez v. Texas (Tex.App.- Houston [1st Dist.] Apr. 15, 2010)(per curiam) DISMISS APPEAL: Per Curiam Before Justices Keyes, Sharp and Massengale 01-09-00795-CR Eric Victoriano Hernandez v. The State of Texas Appeal from 262nd District Court of Harris County Banks v. Texas (Tex.App.- Houston [1st Dist.] Apr. 15, 2010)(per curiam) DISMISS APPEAL: Per Curiam Before Justices Jennings, Hanks and Bland) 01-10-00125-CR Rodney Dewayne Banks v. The State of Texas Appeal from Co Crim Ct at Law No 12 of Harris County April 9, 2010 Civil Causes Decided: In re Kerry E. Dinges (Tex.App.- Houston [1st Dist.] Apr. 9, 2010)(per curiam) DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Hanks, Higley and Massengale 01-10-00279-CV In re Kerry E. Dinges Appeal from 312th District Court of Harris County Criminal Causes Decided: April 8, 2010 Civil Causes Decided: Figueroa v. Davis (Tex.App.- Houston [1st Dist.] Apr. 8, 2010)(Radack) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Higley 01-07-01109-CV Maria C. Figueroa v. Edgar Davis Appeal from Co Civil Ct at Law No 2 of Harris County Washington v. Taylor (Tex.App.- Houston [1st Dist.] Apr. 8, 2010)(Massengale) AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Chief Justice Radack, Justices Bland and Massengale 01-08-00255-CV Raymond Washington v. Jimmie Taylor, Maddie Taylor, and Larry Cole Appeal from 151st District Court of Harris County Robinson v. Department of Family and Protective Services (Tex.App.- Houston [1st Dist.] Apr. 8, 2010)(Massengale) AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Justices Keyes, Sharp and Massengale 01-08-00480-CV Tawana Rena Robinson v. Department of Family and Protective Services Appeal from 313th District Court of Harris County Vinson v. American Bureau of Shipping (Tex.App.- Houston [1st Dist.] Apr. 8, 2010)(Jennings) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings Before Justice Jennings 01-08-00922-CV Harrison Vinson v. American Bureau of Shipping, Global Santa Fe Drilling Corporation, Global Santa Fe Corporation, Global Santa Fe Offshore Services, Inc., Global Santa Fe Operations, National Oilwell L.P., National Oilwell Varco, L.P., and National Oilwell Norway, A.S. Appeal from 152nd District Court of Harris County Touradji v. Play Oil & Gas GP, LLC (Tex.App.- Houston [1st Dist.] Apr. 8, 2010)(Alcala) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Higley 01-09-00403-CV Paul Touradji and Deeprock Venture Partners, LP v. Play Oil & Gas GP, LLC, Playa LP, Beach Capital, and Gary M. Beach Appeal from 55th District Court of Harris County In re Tomas Gonzalez (Tex.App.- Houston [1st Dist.] Apr. 8, 2010)(per curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Alcala and Higley 01-10-00209-CV In re Tomas Gonzalez Appeal from 311th District Court of Harris County Criminal Causes Decided: Rollins v. Texas (Tex.App.- Houston [1st Dist.] Apr. 8, 2010)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Sharp and Massengale 01-08-00622-CR Willie Eugene Rollins III v. The State of Texas Appeal from 232nd District Court of Harris County Borgfeld v. Texas (Tex.App.- Houston [1st Dist.] Apr. 8, 2010)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Sharp and Massengale 01-08-00692-CR Erik Douglas Borgfeld v. The State of Texas Appeal from 182nd District Court of Harris County Berhardt v. Texas (Tex.App.- Houston [1st Dist.] Apr. 8, 2010)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Sharp and Massengale 01-08-00736-CR Jerimiah James Berhardt v. The State of Texas Appeal from 174th District Court of Harris County Conklin v. Texas (Tex.App.- Houston [1st Dist.] Apr. 8, 2010)(Keyes) DISMISS APPEAL: Opinion by Justice Keyes Before Justices Keyes, Sharp and Massengale 01-08-00838-CR David Mark Conklin v. The State of Texas Appeal from 337th District Court of Harris County Garcia-Sandoval v. Texas (Tex.App.- Houston [1st Dist.] Apr. 8, 2010)(Massengale) AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Justices Keyes, Sharp and Massengale 01-08-00842-CR Jesus Oswal Garcia-Sandoval v. The State of Texas Appeal from 338th District Court of Harris County Rodriguez v. Texas (Tex.App.- Houston [1st Dist.] Apr. 8, 2010)(per curiam) DISMISS APPEAL: Per Curiam Before Justices Jennings, Hanks and Bland 01-08-00926-CR Anthony Phillip Rodriguez v. The State of Texas Appeal from 232nd District Court of Harris County Fegans v. Texas (Tex.App.- Houston [1st Dist.] Apr. 8, 2010)(Radack) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Higley 01-08-00991-CR Artimus Lorenzo Fegans v. The State of Texas Appeal from 263rd District Court of Harris County Lawrence v. Texas (Tex.App.- Houston [1st Dist.] Apr. 8, 2010)(Radack) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Higley 01-09-00209-CR Lamond Mayrice Lawrence v. The State of Texas Appeal from 7th District Court of Smith County Dominique v. Texas (Tex.App.- Houston [1st Dist.] Apr. 8, 2010)(Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-09-00385-CR Kevin Jonathan Dominique v. The State of Texas Appeal from 239th District Court of Brazoria County Johnson v. Texas (Tex.App.- Houston [1st Dist.] Apr. 8, 2010)(Jennings) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Hanks and Bland 01-09-00442-CR Barry Anthony Johnson v. The State of Texas Appeal from 300th District Court of Brazoria County In re Jerimiah James Berhardt (Tex.App.- Houston [1st Dist.] Apr. 8, 2010)(Keyes) DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Keyes Before Justices Keyes, Sharp and Massengale 01-09-00690-CR In re Jerimiah James Berhardt Appeal from 174th District Court of Harris County Lara v. Texas (Tex.App.- Houston [1st Dist.] Apr. 8, 2010)(per curiam) DISMISS APPEAL: Per Curiam Before Justices Jennings, Hanks and Bland 01-09-00888-CR Eluterio Lara, Jr. v. The State of Texas Appeal from 56th District Court of Galveston County Wingate v. Texas (Tex.App.- Houston [1st Dist.] Apr. 8, 2010)(per curiam) DISMISS APPEAL: Per Curiam Before Justices Jennings, Hanks and Bland 01-10-00051-CR Karen Alyse Wingate v. The State of Texas Appeal from 174th District Court of Harris County April 7, 2010 Civil Causes Decided: Criminal Causes Decided: Castillo v. Texas (Tex.App.- Houston [1st Dist.] Apr. 7, 2010)(Sharp) OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Sharp Before Chief Justice Radack, Justices Taft and Sharp 01-08-00188-CR Carlos Castillo v. The State of Texas Appeal from 208th District Court of Harris County April 6, 2010 Civil Causes Decided: In re Lynn L. Goetz (Tex.App.- Houston [1st Dist.] Apr. 6, 2010)(per curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Alcala and Higley 01-10-00274-CV In re Lynn L. Goetz Appeal from 129th District Court of Harris County Criminal Causes Decided: April 2, 2010 Civil Causes Decided: In re Mark D. Luebe (Tex.App.- Houston [1st Dist.] Apr. 2, 2010)(Alcala) DENY PETITION FOR WRIT OF HABEAS CORPUS: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Higley 01-09-00908-CV In re Mark D. Luebe Appeal from 257th District Court of Harris County Criminal Causes Decided: April 1, 2010 Civil Causes Decided: Olshan Foundation Repair Company v. Dauria (Tex.App.- Houston [1st Dist.] Apr. 1, 2010)(Higley) DISMISS APPEAL: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Higley 01-08-00806-CV Olshan Foundation Repair Company v. Mary Kay Dauria Appeal from 164th District Court of Harris County Vandemark v. Jimenez (Tex.App.- Houston [1st Dist.] Apr. 1, 2010)(Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-09-00168-CV Philip Todd Vandemark v. Elaine M. Jimenez and The Office of the Attorney General Appeal from 328th District Court of Fort Bend County Toyota Industrial Equipment Mfg., Inc. v. Carruth-Doggett, Inc. (Tex.App.- Houston [1st Dist.] Apr. 1, 2010)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Sharp and Massengale 01-09-00399-CV Toyota Industrial Equipment Mfg., Inc. v. Carruth-Doggett, Inc. d/b/a ToyotaLift of Houston Appeal from 165th District Court of Harris County Afiltration.Com, Inc. v. EcoProduct Solutions, L.P. (Tex.App.- Houston [1st Dist.] Apr. 1, 2010)(per curiam) SET ASIDE TC JUDGMENT AND REMAND CASE TO TC FOR RENDITION OF JUDGMENT IN ACCORDANCE WITH PARTIES' AGREEMENT: Per Curiam Before Justices Keyes, Sharp and Massengale 01-09-00678-CV Afiltration.Com, Inc. v. EcoProduct Solutions, L.P. Appeal from 333rd District Court of Harris County In re Olshan Foundation Repair Company (Tex.App.- Houston [1st Dist.] Apr. 1, 2010)(Alcala) DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Higley 01-09-00682-CV In re Olshan Foundation Repair Company Appeal from 164th District Court of Harris County Ramon v. Teacher Retirement System of Texas (Tex.App.- Houston [1st Dist.] Apr. 1, 2010)(Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-09-00684-CV Rachel C. Ramon class representative and potential class members v. Teacher Retirement System of Texas, James H. Lee, Robert P. Gauntt, John Graham , Jr., and Dory A. Wiley Appeal from 55th District Court of Harris County Kloeris, M.D. v. Stockdale (Tex.App.- Houston [1st Dist.] Apr. 1, 2010)(Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-09-00711-CV Steven Philip Kloeris, M.D., and Rajeswari Thisgara Rajan, M.D. v. Charles and Jamie Stockdale, Individually and as Representatives of the Estate of Charles William Stockdale, III and James and Toren Dukes, as legal Guardians of Minor Children, Allyson Lenora Stockdale and Charles William Stockdale, IV Appeal from 133rd District Court of Harris County Prairie View A&M University v. Chatha (Tex.App.- Houston [1st Dist.] Apr. 1, 2010)(Alcala) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justice Alcala 01-09-00840-CV Prairie View A&M University v. Diljit K. Chatha Appeal from 155th District Court of Waller County In re Robert J. Schlein (Tex.App.- Houston [1st Dist.] Apr. 1, 2010)(per curiam) DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Sharp and Massengale 01-10-00006-CV In re Robert J. Schlein Appeal from 280th District Court of Harris County In re Noble Royalties, Inc. (Tex.App.- Houston [1st Dist.] Apr. 1, 2010)(per curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Hanks and Bland 01-10-00128-CV In re Noble Royalties, Inc. Appeal from 113th District Court of Harris County Criminal Causes Decided: Jones v. Texas (Tex.App.- Houston [1st Dist.] Apr. 1, 2010)(per curiam) AFFIRM TC JUDGMENT: Per Curiam Before Chief Justice Radack, Justices Alcala and Higley 01-08-00532-CR Zaric Travon Jones v. The State of Texas Appeal from 434th District Court of Fort Bend County Henderson v. Texas (Tex.App.- Houston [1st Dist.] Apr. 1, 2010)(per curiam) AFFIRM TC JUDGMENT: Per Curiam Before Justices Jennings, Higley and Sharp 01-08-00558-CR Lee Andrew Henderson v. The State of Texas Appeal from 411th District Court of Polk County Aldrige v. Texas (Tex.App.- Houston [1st Dist.] Apr. 1, 2010)(Alcala) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Higley 01-08-00614-CR John Carl Aldrige v. The State of Texas Appeal from 263rd District Court of Harris County Dozier v. Texas (Tex.App.- Houston [1st Dist.] Apr. 1, 2010)(Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-08-00901-CR Kelly Wayne Dozier v. The State of Texas Appeal from 434th District Court of Fort Bend County Wright v. Texas (Tex.App.- Houston [1st Dist.] Apr. 1, 2010)(Alcala) MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Higley 01-08-00925-CR Michael Henry Wright v. The State of Texas Appeal from 248th District Court of Harris County Boutte v. Texas (Tex.App.- Houston [1st Dist.] Apr. 1, 2010)(per curiam) AFFIRM TC JUDGMENT: Per Curiam Before Chief Justice Radack, Justices Alcala and Higley 01-09-00334-CR Derrick Alonzo Boutte v. The State of Texas Appeal from Crim Dist Ct of Jefferson County Reed v. Texas (Tex.App.- Houston [1st Dist.] Apr. 1, 2010)(per curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Higley 01-09-00869-CR Calvin Demond Reed v. The State of Texas Appeal from 263rd District Court of Harris County Flores v. Texas (Tex.App.- Houston [1st Dist.] Apr. 1, 2010)(per curiam) DISMISS APPEAL: Per Curiam Before Justices Keyes, Sharp and Massengale 01-10-00050-CR Nelson Isaac Flores v. The State of Texas Appeal from 180th District Court of Harris County Johnson v. Texas (Tex.App.- Houston [1st Dist.] Apr. 1, 2010)(per curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Higley 01-10-00060-CR Belinda A. Johnson v. The State of Texas Appeal from 176th District Court of Harris County |
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