November 2010 Cases Decided by the First Court of Appeals
(Tex. App.- Houston [1st Dist.] 2010)
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November 2010 Appellate Decisions with Links to Opinions in Civil
Cases:
 

Opinion Release Dates: November 4, 10, 12, 16, 17, 18, 30, 2010   

Released Opinions

November 30, 2010   

Civil Causes Decided:   

In Re Keith Spooner, M.D. (Tex.App.- Houston [1st Dist.] November 30, 2010)(Higley)
(HCLC,
mandamus standard, judicial admission)
GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Higley   
Before Justices Keyes, Higley and Bland  
01-10-00953-CV In Re Keith Spooner, M.D.
Appeal from 125th District Court of Harris County  
Kyle Carter, Presiding Judge of the 125th District Court, Harris County

In re Cleveland Regional Medical Center and Shirley Kiefer (Tex.App.- Houston [1st Dist.] November 30, 2010)
(Higley)(med-mal,
mandamus standard, judicial admission)
GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Higley   
Before Justices Keyes, Higley and Bland  
01-10-00956-CV In re Cleveland Regional Medical Center and Shirley Kiefer
Appeal from 125th District Court of Harris County  
Kyle Carter, Presiding Judge of the 125th District Court, Harris County

Criminal Causes Decided:   

Thurston Mitchell v. The State of Texas (Tex.App.- Houston [1st Dist.] November 30, 2010)(Sharp)
AFFIRM TC JUDGMENT: Opinion by Justice Sharp   
Before Justices Jennings, Higley and Sharp  
01-07-00889-CR Thurston Mitchell v. The State of Texas
Appeal from 185th District Court of Harris County  

Charlie Mack Thomas, Jr. v. The State of Texas (Tex.App.- Houston [1st Dist.] November 30, 2010)(Higley)
AFFIRM TC JUDGMENT: Opinion by Justice Higley   
Before Justices Keyes, Higley and Bland  
01-08-00902-CR Charlie Mack Thomas, Jr. v. The State of Texas
Appeal from 300th District Court of Brazoria County  

Bronwen Nathaniel Turner v. The State of Texas (Tex.App.- Houston [1st Dist.] November 30, 2010)(Higley)
AFFIRM TC JUDGMENT: Opinion by Justice Higley   
Before Justices Keyes, Higley and Bland  
01-08-00946-CR Bronwen Nathaniel Turner v. The State of Texas
Appeal from 182nd District Court of Harris County  

November 18, 2010   

Civil Causes Decided:  
 

Trinity Healthcare Management, L.L.C.. et al v. Pharmerica, Inc. (Tex.App.- Houston [1st Dist.] November 18,
2010)(Curiam)(We dismiss this appeal for want of prosecution)
DISMISS APPEAL: Per Curiam   
Before Justices Keyes, Higley and Bland  
01-03-00647-CV Trinity Healthcare Management, L.L.C.. et al v. Pharmerica, Inc.
Appeal from County Civil Court at Law No 1 of Harris County  

Rasa Floors, LP v. Spring Village Partners, Ltd. (Tex.App.- Houston [1st Dist.] November 18, 2010)(Bland)
(construction law,
quantum meruit recovery, fair notice standard for pleadings in Texas)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR
FURTHER PROCEEDINGS: Opinion by Justice Bland   
Before Justices Higley, Bland and Massengale  
01-08-00918-CV Rasa Floors, LP v. Spring Village Partners, Ltd.
Appeal from County Civil Court at Law No 1 of Harris County  

Dyer v. Cotton (Tex.App.- Houston [1st Dist.] November 18, 2010)(Bland)
(
trespass to try title suit, adverse possession, jury charge, parol evidence rule, mutual mistake,
automatic exclusion of evidence because of nondisclosure in discovery)
AFFIRM TC JUDGMENT: Opinion by Justice Bland   
Before Justices Keyes, Higley and Bland  
01-09-00228-CV J. Eddie Dyer v. Ronald Cotton
Appeal from 278th District Court of Grimes County  

Dillard v. The State of Texas (Tex.App.- Houston [1st Dist.] November 18, 2010)(Radack)
(
civil forfeiture action, timeliness of notice of appeal, postjudgment motion, extension of time to appeal,
discovery sanctions, sanctions were not excessive)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack   
Before Chief Justice Radack, Justices Bland and Massengale  
01-09-00316-CV Terrance Dillard v. The State of Texas
Appeal from 55th District Court of Harris County  

Hill v. Texas Department of Criminal Justice (Tex.App.- Houston [1st Dist.] November 18, 2010)(Radack)
(pro se prisoner suit, in forma pauperis civil suit against TDCJ)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Chief
Justice Radack   
Before Chief Justice Radack, Justices Nuchia and Massengale  
01-09-00418-CV Kenneth L. Hill v. Texas Department of Criminal Justice
Appeal from 412th Judicial District Court of Brazoria County  

Hot-Hed, Inc., and Cinaruco International, S.A. v. Safehouse Habitats (Scotland), LTD. (Tex.App.- Houston [1st
Dist.] November 18, 2010)(Keyes)(trademark case, UDJA claim, attorney's fees under the UDJA, jury
instructions)
MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Keyes   
Before Justices Keyes, Higley and Bland  
01-09-00547-CV Hot-Hed, Inc., and Cinaruco International, S.A. v. Safehouse Habitats Scotland), LTD.
Appeal from 215th District Court of Harris County  
Hon. Levi Benton presided over the trial, but left the bench before entering final judgment.  He was succeeded
by the Hon. Steven Strickland

R.K. Dhingra, Trustee v. Aldine Independent School District (Tex.App.- Houston [1st Dist.] November 18, 2010)
(Alcala)(delinquent tax case)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice
Alcala   
Before Justices Jennings, Alcala and Higley  
01-09-01054-CV R.K. Dhingra, Trustee v. Aldine Independent School District
Appeal from 113th District Court of Harris County  
Trial Court Judge:        Hon. Patricia Hancock

Henise Tire Service, Inc. and Henise Enterprises, Inc. v. Victoria Jacobs and her Husband, John Jacobs,
Individually and as Next Friend of Her Minor Daughter, V. T. (Tex.App.- Houston [1st Dist.] November 18, 2010)
(Radack)(personal jurisdiction, foreign defendant, special appearance)
We hold that the record does not support a finding of either general or specific jurisdiction over Henise.  We
therefore reverse the trial court’s order denying Henise’s special appearance and render judgment granting
the special appearance)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Chief Justice Radack   
Before Chief Justice Radack, Justices Higley and Sharp  
01-10-00013-CV Henise Tire Service, Inc. and Henise Enterprises, Inc. v. Victoria Jacobs and her Husband,
John Jacobs, Individually and as Next Friend of Her Minor Daughter, V. T.
Appeal from 55th District Court of Harris County  
Trial Court Judge:        Hon. Dion Ramos

Johnson v. Johnson (Tex.App.- Houston [1st Dist.] November 18, 2010)(Curiam)
(involuntary dismissal of case, fees not paid)
DISMISS APPEAL: Per Curiam   
Before Justices Keyes, Higley and Bland  
01-10-00039-CV Arthur Johnson v. Joyce A. Johnson
Appeal from 309th District Court of Harris County  

Gwen Ross and Phoenix II, Inc. v. Linebarger Goggan, Blair & Sampson, LLP, Mandy Oyugi, Damon D.
Edwards and Maris A. Blair (Tex.App.- Houston [1st Dist.] November 18, 2010)(Keyes)(plea to the jurisdiction,
official capacity suit, governmental immunity of tax collector)
It is undisputed that the taxing entities represented by Linebarger are governmental units.  See TEX. CIV.
PRAC. & REM. CODE ANN. § 101.001(3)(B) (defining governmental unit as including “a political subdivision of
this state, including any city, county, [and] school district”).  It is likewise clear that suits against the taxing
entities for actions taken in the course of assessing and collecting taxes are barred by governmental immunity.
AFFIRM TC JUDGMENT: Opinion by Justice Keyes   
Before Justices Keyes, Higley and Bland  
01-10-00082-CV Gwen Ross and Phoenix II, Inc. v. Linebarger Goggan, Blair & Sampson, LLP, Mandy Oyugi,
Damon D. Edwards and Maris A. Blair
Appeal from 400th District Court of Ft. Bend County  

Rollins v. Honorable James Jay (Tex.App.- Houston [1st Dist.] November 18, 2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Justices Jennings, Alcala and Sharp  
01-10-00520-CV Randall Rollins v. Honorable James Jay
Appeal from 11th District Court of Harris County  

In re American International Group, Inc., and American General Life Insurance Company (Tex.App.- Houston
[1st Dist.] November 18, 2010)(Curiam)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam   
Before Justices Jennings, Alcala and Sharp  
01-10-00843-CV In re American International Group, Inc., and American General Life Insurance Company
Appeal from 334th District Court of Harris County  

Criminal Causes Decided:   

Jeremiah Boyee Moore v. The State of Texas (Tex.App.- Houston [1st Dist.] November 18, 2010)(Higley)
AFFIRM TC JUDGMENT: Opinion by Justice Higley   
Before Justices Keyes, Higley and Bland  
01-08-00282-CR Jeremiah Boyee Moore v. The State of Texas
Appeal from 400th District Court of Ft. Bend County  

Jeremiah Boyee Moore v. The State of Texas (Tex.App.- Houston [1st Dist.] November 18, 2010)(Higley)
AFFIRM TC JUDGMENT: Opinion by Justice Higley   
Before Justices Keyes, Higley and Bland  
01-08-00283-CR Jeremiah Boyee Moore v. The State of Texas
Appeal from 400th District Court of Ft. Bend County  

Carl V. Young v. The State of Texas (Tex.App.- Houston [1st Dist.] November 18, 2010)(Curiam)
AFFIRM TC JUDGMENT: Per Curiam   
Before Justices Keyes, Higley and Bland  
01-08-00518-CR Carl V. Young v. The State of Texas
Appeal from 177th District Court of Harris County  

Dominique Pierre Leonard v. The State of Texas (Tex.App.- Houston [1st Dist.] November 18, 2010)(Keyes)
AFFIRM TC JUDGMENT: Opinion by Justice Keyes   
Before Justices Keyes, Higley and Bland  
01-09-00379-CR Dominique Pierre Leonard v. The State of Texas
Appeal from 185th District Court of Harris County  

Charles Devol Mapps v. The State of Texas (Tex.App.- Houston [1st Dist.] November 18, 2010)(Keyes)
AFFIRM TC JUDGMENT: Opinion by Justice Keyes   
Before Justices Keyes, Higley and Bland  
01-09-00565-CR Charles Devol Mapps v. The State of Texas
Appeal from 351st District Court of Harris County  

Junior Aristy Richiez v. The State of Texas (Tex.App.- Houston [1st Dist.] November 18, 2010)(Keyes)
AFFIRM TC JUDGMENT: Opinion by Justice Keyes   
Before Justices Keyes, Higley and Bland  
01-09-00597-CR Junior Aristy Richiez v. The State of Texas
Appeal from 248th District Court of Harris County  

Michael Ray Rivera v. The State of Texas (Tex.App.- Houston [1st Dist.] November 18, 2010)(Radack)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack   
Before Chief Justice Radack, Justices Nuchia and Massengale  
01-09-00687-CR Michael Ray Rivera v. The State of Texas
Appeal from 262nd District Court of Harris County  

Andre D. Fritz v. The State of Texas (Tex.App.- Houston [1st Dist.] November 18, 2010)(Jennings)
AFFIRM TC JUDGMENT: Opinion by Justice Jennings   
Before Justices Jennings, Alcala and Sharp  
01-09-00688-CR Andre D. Fritz v. The State of Texas
Appeal from 185th District Court of Harris County  

Maldonno Thompson v. The State of Texas (Tex.App.- Houston [1st Dist.] November 18, 2010)(Curiam)
AFFIRM TC JUDGMENT: Per Curiam   
Before Chief Justice Radack, Justices Alcala and Massengale  
01-09-01050-CR Maldonno Thompson v. The State of Texas
Appeal from 178th District Court of Harris County  

Ray Freeman McChristian v. The State of Texas (Tex.App.- Houston [1st Dist.] November 18, 2010)(Radack)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack   
Before Chief Justice Radack, Justices Alcala and Massengale  
01-09-01128-CR Ray Freeman McChristian v. The State of Texas
Appeal from 56th District Court of Galveston County  

Ray Freeman McChristian v. The State of Texas (Tex.App.- Houston [1st Dist.] November 18, 2010)(Radack)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack   
Before Chief Justice Radack, Justices Alcala and Massengale  
01-09-01129-CR Ray Freeman McChristian v. The State of Texas
Appeal from 56th District Court of Galveston County  

Dwayne Michael Boyance v. The State of Texas (Tex.App.- Houston [1st Dist.] November 18, 2010)(Alcala)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala   
Before Justices Jennings, Alcala and Sharp  
01-10-00089-CR Dwayne Michael Boyance v. The State of Texas
Appeal from 338th District Court of Harris County  

Dorothy Yvonne Spencer v. The State of Texas (Tex.App.- Houston [1st Dist.] November 18, 2010)(Curiam)
AFFIRM TC JUDGMENT: Per Curiam   
Before Justices Keyes, Higley and Bland  
01-10-00091-CR Dorothy Yvonne Spencer v. The State of Texas
Appeal from 338th District Court of Harris County  

Dorothy Yvonne Spencer v. The State of Texas (Tex.App.- Houston [1st Dist.] November 18, 2010)(Curiam)
AFFIRM TC JUDGMENT: Per Curiam  
Before Justices Keyes, Higley and Bland  
01-10-00092-CR Dorothy Yvonne Spencer v. The State of Texas
Appeal from 338th District Court of Harris County  

James Deanda v. The State of Texas (Tex.App.- Houston [1st Dist.] November 18, 2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Justices Keyes, Higley and Bland  
01-10-00827-CR James Deanda v. The State of Texas
Appeal from 185th District Court of Harris County  

November 17, 2010   

Civil Causes Decided:   

Criminal Causes Decided:   

In re La Fredrick Waters (Tex.App.- Houston [1st Dist.] November 17, 2010)(Curiam)
DISMISS PETITION FOR WRIT OF HABEAS CORPUS: Per Curiam   
Before Justices Jennings, Keyes and Higley  
01-10-00995-CR In re La Fredrick Waters
Appeal from of County  

November 16, 2010   

Civil Causes Decided:   

In re Kimberly Taylor (Tex.App.- Houston [1st Dist.] November 16, 2010)(Curiam)
Relator has filed a “Petition to Remove Cloud and Quiet Title” to certain property, requesting emergency relief from a writ of
possession on and notice to vacate that property.  We construe Relator’s filing as a petition for writ of injunction, seeking to
enjoin execution of the writ of possession on and notice to vacate the property.
We deny the petition for writ of injunction.  

DENY PETITION FOR WRIT OF INJUNCTION: Per Curiam   
Before Chief Justice Radack, Justices Jennings and Keyes  
01-10-00996-CV In re Kimberly Taylor
Appeal from Co
unty Civil Court at Law No 3 of Harris County  Trial Court Judge: Hon. Linda Storey  

Criminal Causes Decided:   

November 12, 2010   

Civil Causes Decided:   

In re Barbara Regina Schlein (Tex.App.- Houston [1st Dist.] November 12, 2010)(Curiam)
Relator challenges the trial court’s June 8, 2010 order requiring relator to pay interim attorney’s fees and costs to her spouse.  
We deny the petition for writ of mandamus.  

DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam   
Before Justices Jennings, Alcala and Higley  
01-10-00780-CV In re Barbara Regina Schlein
Appeal from County Court at Law No 2 of Galveston County  
Trial Court Judge: Hon. C. G. Dibrell, III  

In re The United Korean Church of Houston, Inc., Dr. Charles Cho (Tex.App.- Houston [1st Dist.] November 12,
2010)(Curiam)
Relators challenge the trial court’s November 4, 2010 order entitled, “Temporary Restraining Order and Order
Setting Hearing for Preliminary Injunction.” We deny the petition for writ of mandamus.  All outstanding motions are denied as
moot.

DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam   
Before Justices Alcala, Higley and Sharp  
01-10-00954-CV In re The United Korean Church of Houston, Inc., Dr. Charles Cho
Appeal from 55th District Court of Harris County  
Trial Court Judge: Hon. Patricia Hancock  

Criminal Causes Decided:   

November 10, 2010   

Civil Causes Decided:   

Zimmerman, M.D. v. Wendy Gonzalez Anaya, Individually and a/n/f of Christopher Gabriel Hernandez,
Deceased, and Jose Hernandez, Individually (Tex.App.- Houston [1st Dist.] November 10, 2010)(Bland)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Bland   

Note: SUPERSEDING MEMORANDUM OPINION ON REMAND ON REHEARING issued 3/31/11 Wendy Gonzalez
Anaya, individually and as next friend of Christopher Gabriel Hernandez, deceased, and Jose Hernandez (collectively, Gonzalez
Anaya) have moved for rehearing.  We grant rehearing, withdraw our opinion and judgment of November 10, 2010, and issue
the following in their stead.[1]  Our disposition of the case remains unchanged.  Geoffrey Zimmerman, M.D., challenges the trial
court’s order denying his motion for summary judgment on the health care liability claims against him by Gonzalez Anaya.  
Following a remand from the Texas Supreme Court, we consider Zimmerman’s contention that his affirmative defense of official
immunity bars Gonzalez Anaya’s negligence claims.  We reverse and render.
Section 101.106 of the Civil Practice and Remedies Code provides that “[t]he filing of a suit under this chapter against a
governmental unit constitutes an irrevocable election by the plaintiff and immediately and forever bars any suit or recovery by the
plaintiff against any individual employee of the governmental unit regarding the same subject matter.”  Tex. Civ. Prac. & Rem.
Code Ann. § 101.106(a).  We hold that Zimmerman met his summary judgment burden to show that section 101.106(a) bars
Gonzalez Anaya’s suit against him.  
Conclusion. The trial court erred in denying Zimmerman’s motion for summary judgment.  We therefore reverse the judgment of
the trial court and render judgment dismissing Gonzalez Anaya’s claims with prejudice.

Before Justices Keyes, Higley and Bland  
01-07-00570-CV Geoffrey Zimmerman, M.D. v. Wendy Gonzalez Anaya, Individually and a/n/f of Christopher
Gabriel Hernandez, Deceased, and Jose Hernandez, Individually
Appeal from 113th District Court of Harris County  
Trial Court Judge: Hon. Patricia Hancock  

Crimson Exploration Inc., f/k/a/ Gulfwest Energy Inc. v. Intermarket Management LLC, M. Scott Manolis, and
Kevin McMillan (Tex.App.- Houston [1st Dist.] November 10, 2010)(Sharp)(indemnity contract, duty to defend,
indemnify, declaratory judgment claim,.
Appellees, Intermarket Management, LLC, M. Scott Manolis, and Kevin McMillan (collectively “appellees”), sued appellant,
Crimson Exploration, Inc., formerly known as Gulfwest Energy, Inc.,[1] on a breach of indemnity contract claim.  The trial court
granted appellees’ summary judgment on that claim and awarded damages.  The parties later agreed to the award of a certain
sum of attorney’s fees to appellees in that action.  Crimson filed a counterclaim for a declaratory judgment.  Both sides moved
for summary judgment on Crimson’s declaratory judgment counterclaim.  The trial court denied Crimson’s motion for summary
judgment and granted summary judgment for appellees.  
In three issues, Crimson appeals (1) the trial court’s grant of summary judgment in favor of appellees on the breach of
indemnity contract claim, the sum of damages awarded, and the award of attorney’s fees; and (2) the trial court’s grant of
summary judgment in favor of appellees on Crimson’s declaratory judgment claims, its rendering of a take-nothing judgment
against Crimson, and its denial of Crimson’s summary judgment motion on those claims.  We affirm the judgment of the trial
court in part, reverse in part, and remand.
We reverse the trial court's award of damages of attorney's fees and costs in the PCA lawsuit, and the award of attorney's fees
for the breach of indemnity contract case. We remand this cause to the trial court for further proceedings in accordance with this
opinion. We affirm the trial court's judgment in all other respects.

AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR
FURTHER PROCEEDINGS: Opinion by Justice Sharp   
Before Chief Justice Radack, Justices Bland and Sharp  
01-08-00774-CV Crimson Exploration Inc., f/k/a/ Gulfwest Energy Inc. v. Intermarket Management LLC, M.
Scott Manolis, and Kevin McMillan
Appeal from 127th District Court of Harris County  
Trial Court Judge: Hon. Sharolyn Wood  

Engh v. Michael Reardon, M.D. and Panagiotis Kougias, M.D. (Tex.App.- Houston [1st Dist.] November 10,
2010)(Sharp)
(HCLC, expert qualifications, report suffieciency)
This appeal arises from medical malpractice claims brought by appellant, Ronald Engh, against appellees, Dr. Panagiotis
Kougias and Dr. Michael Reardon.  The trial court dismissed Engh’s claims against both doctors with prejudice after
concluding that the expert report served by Engh did not satisfy the requirements of section 74.351 of the Texas Civil Practice
and Remedies Code.[1]  This appeal followed.  We reverse the judgment of the trial court.
Conclusion. Having determined that the trial court would have abused its discretion had it found that Dr. Verta’s report was
insufficient with respect to standard of care, breach, or causation, or that Dr. Verta was unqualified to opine on the issue of
causation, we conclude that the trial court abused its discretion by granting Dr. Kougias’s and Dr. Reardon’s motions to
dismiss.  We grant appellant’s first issue.
Having determined that the trial court abused its discretion by granting Dr. Kougias’s and Dr. Reardon’s motions to dismiss, we
need not address appellant’s remaining issues.  We reverse the judgment of the trial court and remand for further proceedings
consistent with this opinion.

REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice
Sharp   
Before Chief Justice Radack, Justices Bland and Sharp  
01-09-00017-CV Ronald Engh v. Michael Reardon, M.D. and Panagiotis Kougias, M.D.
Appeal from 125th District Court of Harris County  
Trial Court Judge: Hon. John Coselli  

Johnson v. Lisa C. Coppel, Individually and as Independent Administrator of the Estate of Joan J. Counts (Tex.
App.- Houston [1st Dist.] November 10, 2010)(Curiam)
(counterclaims of Declaratory Judgment Action to Quiet
Title and Action to Remove Cloud from Title)(judgment being appealed is not final because it does not dispose
of Coppel’s claims against Johnson)

DISMISS APPEAL: Per Curiam   
Before Justices Keyes, Higley and Bland  
01-09-00057-CV Mark S. Johnson v. Lisa C. Coppel, Individually and as Independent Administrator of the
Estate of Joan J. Counts
Appeal from Probate Court No 3 of Harris County  
Trial Court Judge: The Honorable Rory R. Olsen  

Stryker v. W. Fulton Broemer and Broemer & Associates, L.L.C. (Tex.App.- Houston [1st Dist.] November 10,
2010)(Keyes)
(legal malpractice elements of cause of action, denial of motion for continuance, adequacy of
time for discovery prior to no-evidence motion for summary judgment).
Appellant sued W. Fulton Broemer and Broemer & Associates, L.L.C. (collectively, “Broemer”), for legal malpractice arising out
of Broemer’s representation of Stryker in a debt dispute with another law firm.  Broemer moved for traditional and no-evidence
summary judgment, contending that Stryker could not recover mental-anguish damages and could not present evidence that
Broemer had either breached any duties owed to her or caused her damages.  The trial court granted Broemer’s summary-
judgment motion.  In two issues on appeal, Stryker contends that the trial court erred in rendering summary judgment because
(1) her affidavit raised a fact issue regarding causation and (2) she did not have adequate time for discovery due to the
automatic stay imposed when Broemer filed for voluntary bankruptcy.
Conclusion.  We hold that the trial court correctly granted Broemer’s summary-judgment motion and denied Stryker’s motion for
continuance.  We affirm the judgment of the trial court.

AFFIRM TC JUDGMENT: Opinion by Justice Keyes   
Before Justices Keyes, Higley and Bland  
01-09-00317-CV Stacey Stryker v. W. Fulton Broemer and Broemer & Associates, L.L.C.
Appeal from 190th District Court of Harris County  
Trial Court Judge: Hon. Patricia J. Kerrigan  

Taylor v. Washburn (Tex.App.- Houston [1st Dist.] November 10, 2010)(Bland)(civil assault claim fails)
Sabrina Taylor appeals the denial of her motion for judgment notwithstanding the verdict in a civil assault case.  In doing so,
Taylor challenges the legal sufficiency of the jury’s verdict that Theresa Washburn-Grant did not commit an assault.  Finding no
error, we affirm.
Taylor failed to conclusively prove that the incident caused her injuries.  To prove causation, Taylor relied solely on her own
testimony—she did not present any competent medical testimony or any medical records.  The jury heard evidence of Taylor’s
continued active participation in the day’s events.  This evidence undermines Taylor’s testimony concerning the cause and
extent of her injuries.  Juries are free to believe all or part of conflicting witness testimony about the existence and severity of a
physical injury and associated pain.  Golden Eagle Archery, Inc. v. Jackson, 116 S.W.3d 757, 774–75 (Tex. 2003).  Finally, the
spoliation instruction, which Taylor does not challenge, allowed the jury to presume that the missing videotaped material hurt
Taylor’s case.  We hold that the trial court properly overruled Taylor’s motion for jnov because she did not conclusively prove that
Washburn-Grant caused her injury so as to disturb the jury’s verdict to the contrary.

AFFIRM TC JUDGMENT: Opinion by Justice Bland   
Before Justices Keyes, Higley and Bland  
01-09-00458-CV Sabrina K. Taylor v. Theresa Washburn
rant--Appeal from 157th District Court of Harris County  

XXX

Allen v. Beistel (Tex.App.- Houston [1st Dist.] November 10, 2010)(Bland)
AFFIRM TC JUDGMENT: Opinion by Justice Bland   
Before Justices Keyes, Higley and Bland  
01-09-00488-CV Theodore Robert Allen Jr. v. Elizabeth Beistel
Appeal from 246th District Court of Harris County  

Yigal Bosch and Transamerica Corp of Houston v. Open Pines Condominium Owners Association, Inc. (Tex.
App.- Houston [1st Dist.] November 10, 2010)(Keyes)
AFFIRM TC JUDGMENT: Opinion by Justice Keyes   
Before Justices Keyes, Higley and Bland  
01-09-00507-CV Yigal Bosch and Transamerica Corp of Houston v. Open Pines Condominium Owners
Association, Inc.
Appeal from 157th District Court of Harris County  

Morris Industrial, Inc. v. Trident Steel Corporation (Tex.App.- Houston [1st Dist.] November 10, 2010)(Bland)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice
Bland   
Before Chief Justice Radack, Justices Bland and Massengale  
01-09-01094-CV Morris Industrial, Inc. v. Trident Steel Corporation
Appeal from 215th District Court of Harris County  

Borbon v. Rodriguez  (Tex.App.- Houston [1st Dist.] November 10, 2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Justices Jennings, Alcala and Sharp  
01-10-00153-CV Giselle Borbon formerly Rodriguez  v. Samuel Rodriguez and David Eckman
Appeal from 247th District Court of Harris County  

John Cole and Twenty-Twenty Properties, Inc. v. Jana Holding, Ltd (Tex.App.- Houston [1st Dist.] November
10, 2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Justices Jennings, Alcala and Sharp  
01-10-00155-CV John Cole and Twenty-Twenty Properties, Inc. v. Jana Holding, Ltd
Appeal from 295th District Court of Harris County  

GSL Welcome BP 32, LLC v. Harris County Appraisal District (Tex.App.- Houston [1st Dist.] November 10,
2010)(Keyes)
AFFIRM TC JUDGMENT: Opinion by Justice Keyes   
Before Justices Keyes, Higley and Bland  
01-10-00189-CV GSL Welcome BP 32, LLC v. Harris County Appraisal District
Appeal from 61st District Court of Harris County  

Olivares v. TDCJ (Tex.App.- Houston [1st Dist.] November 10, 2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Justices Jennings, Alcala and Sharp  
01-10-00363-CV George Olivares v. TDCJ
ID--Appeal from 412th Judicial District Court of Brazoria County  

In the Interest of B.H., a child (Tex.App.- Houston [1st Dist.] November 10, 2010)(Massengale)
AFFIRM TC JUDGMENT: Opinion by Justice Massengale   
Before Chief Justice Radack, Justices Nuchia and Massengale  
01-10-00415-CV In the Interest of B.H., a child
Appeal from 306th District Court of Galveston County  

Hardesty v. Wade (Tex.App.- Houston [1st Dist.] November 10, 2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Justices Keyes, Higley and Bland  
01-10-00571-CV Martha Cook Hardesty v. Darrell Wade
Appeal from 410th District Court of Montgomery County  

Miles Marks, Trustee v. Helmut Alberts and All Other Occupants (Tex.App.- Houston [1st Dist.] November 10,
2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Justices Jennings, Alcala and Sharp  
01-10-00742-CV Miles Marks, Trustee v. Helmut Alberts and All Other Occupants
Appeal from Co Civil Ct at Law No 3 of Harris County  

American International Group, Inc. and American General Life Insurance Company v. Kay Dobbs, as Trustee
on behalf of The Jeffrey P. Dobbs Irrevocable Trust, and Prostaff, Inc. (Tex.App.- Houston [1st Dist.]
November 10, 2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Justices Jennings, Alcala and Sharp  
01-10-00866-CV American International Group, Inc. and American General Life Insurance Company v. Kay
Dobbs, as Trustee on behalf of The Jeffrey P. Dobbs Irrevocable Trust, and Prostaff, Inc.
Appeal from 334th District Court of Harris County  

In re ExxonMobil Corporation (Tex.App.- Houston [1st Dist.] November 10, 2010)(Curiam)
DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam   
Before Justices Jennings, Alcala and Sharp  
01-10-00894-CV In re ExxonMobil Corporation
Appeal from 11th District Court of Harris County  

In Re Sandeep Patel, Suleman Lalani, Aman Jafar, Bavare Holding, LP, Arusha Bavare,Harvard Financial,
LTD, Nasrullah Manji, Syed Moid Zaidi, Newera Partners, LTD, St. Michael's Hospital and HealthCare Group,
LLC, and Concierge Park, LP (Tex.App.- Houston [1st Dist.] November 10, 2010)(Curiam)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam   
Before Justices Jennings, Alcala and Sharp  
01-10-00957-CV In Re Sandeep Patel, Suleman Lalani, Aman Jafar, Bavare Holding, LP, Arusha Bavare,
Harvard Financial, LTD, Nasrullah Manji, Syed Moid Zaidi, Newera Partners, LTD, St. Michael's Hospital and
HealthCare Group, LLC, and Concierge Park, LP
Appeal from 190th District Court of Harris County  

Criminal Causes Decided:   

Sandra San Miguel v. The State of Texas (Tex.App.- Houston [1st Dist.] November 10, 2010)(Nuchia)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia   
Before Chief Justice Radack, Justices Nuchia and Massengale  
01-07-01083-CR Sandra San Miguel v. The State of Texas
Appeal from Co Crim Ct at Law No 7 of Harris County  

Sean Patrick Moskey v. The State of Texas (Tex.App.- Houston [1st Dist.] November 10, 2010)(Keyes)
AFFIRM TC JUDGMENT: Opinion by Justice Keyes   
Before Justices Keyes, Higley and Bland  
01-09-00532-CR Sean Patrick Moskey v. The State of Texas
Appeal from Co Crim Ct at Law No 9 of Harris County  

Vince Colangelo v. The State of Texas (Tex.App.- Houston [1st Dist.] November 10, 2010)(Alcala)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala   
Before Justices Jennings, Alcala and Sharp  
01-09-00720-CR Vince Colangelo v. The State of Texas
Appeal from Co Crim Ct at Law No 14 of Harris County  

Angela A. Lara v. The State of Texas (Tex.App.- Houston [1st Dist.] November 10, 2010)(Bland)
AFFIRM TC JUDGMENT: Opinion by Justice Bland   
Before Chief Justice Radack, Justices Bland and Massengale  
01-09-00763-CR Angela A. Lara v. The State of Texas
Appeal from 268th District Court of Fort Bend County  

Rogelio Gutierrez v. The State of Texas (Tex.App.- Houston [1st Dist.] November 10, 2010)(Bland)
AFFIRM TC JUDGMENT: Opinion by Justice Bland   
Before Justices Keyes, Higley and Bland  
01-09-00939-CR Rogelio Gutierrez v. The State of Texas
Appeal from 178th District Court of Harris County  

Rogelio Gutierrez v. The State of Texas (Tex.App.- Houston [1st Dist.] November 10, 2010)(Bland)
AFFIRM TC JUDGMENT: Opinion by Justice Bland   
Before Justices Keyes, Higley and Bland  
01-09-00940-CR Rogelio Gutierrez v. The State of Texas
Appeal from 178th District Court of Harris County  

Kenneth Shaye Ervin v. The State of Texas (Tex.App.- Houston [1st Dist.] November 10, 2010)(Alcala)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala   
Before Justices Jennings, Alcala and Higley  
01-10-00054-CR Kenneth Shaye Ervin v. The State of Texas
Appeal from 182nd District Court of Harris County  

Kenneth Shaye Ervin v. The State of Texas (Tex.App.- Houston [1st Dist.] November 10, 2010)(Jennings)
OPINION CONCURRING WITH THIS COURT'S JUDGMENT: Concurring Opinion by Justice Jennings   
Before Justices Jennings, Alcala and Higley  
01-10-00054-CR Kenneth Shaye Ervin v. The State of Texas
Appeal from 182nd District Court of Harris County  

Shawn Ryan Carville v. The State of Texas (Tex.App.- Houston [1st Dist.] November 10, 2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Justices Jennings, Alcala and Sharp  
01-10-00198-CR Shawn Ryan Carville v. The State of Texas
Appeal from 337th District Court of Harris County  

Donald Wayne Davis v. The State of Texas (Tex.App.- Houston [1st Dist.] November 10, 2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Justices Jennings, Alcala and Sharp  
01-10-00207-CR Donald Wayne Davis v. The State of Texas
Appeal from 228th District Court of Harris County  

Jason Bennett v. The State of Texas (Tex.App.- Houston [1st Dist.] November 10, 2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Justices Jennings, Alcala and Sharp  
01-10-00790-CR Jason Bennett v. The State of Texas
Appeal from 248th District Court of Harris County  

November 4, 2010   

Civil Causes Decided:   

Geffrey Klein, M.D. and Baylor College of Medicine v. Cynthia Hernandez as the Parent and Next Friend of N.
H., A Minor (Tex.App.- Houston [1st Dist.] November 4, 2010)(Jennings)
AFFIRM TC JUDGMENT: Opinion by Justice Jennings   
Before Chief Justice Radack, Justices Jennings and Alcala  
01-06-00569-CV Geffrey Klein, M.D. and Baylor College of Medicine v. Cynthia Hernandez as the Parent and
Next Friend of N.H., A Minor
Appeal from 152nd District Court of Harris County  

Henderson v. The University of Texas M.D. Anderson Cancer Center (Tex.App.- Houston [1st Dist.] November
4, 2010)(Radack)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack   
Before Chief Justice Radack, Justices Bland and Massengale  
01-08-00376-CV Louatrice Henderson v. The University of Texas M.D. Anderson Cancer Center
Appeal from 80th District Court of Harris County  

Adams v. Bryan Collier and Rissie Owens (Tex.App.- Houston [1st Dist.] November 4, 2010)(Jennings)
AFFIRM TC JUDGMENT: Opinion by Justice Jennings   
Before Justices Jennings, Alcala and Sharp  
01-08-01024-CV Brian Calvin Adams v. Bryan Collier and Rissie Owens
Appeal from Co Ct at Law No 3 & Probate Ct of Brazoria County  

Green Garden Packaging Co., Inc and Garden Gourmet Fresh Foods, Inc., v. Schoenmann Produce
Company, Inc., (Tex.App.- Houston [1st Dist.] November 4, 2010)(Jennings)
AFFIRM TC JUDGMENT: Opinion by Justice Jennings   
Before Justices Jennings, Alcala and Massengale  
01-09-00924-CV Green Garden Packaging Co., Inc and Garden Gourmet Fresh Foods, Inc., v. Schoenmann
Produce Company, Inc.,
Appeal from 190th District Court of Harris County  

Murphy v. John Manning, Microcheck Systems Inc. and Microcheck Solutions, Inc. (Tex.App.- Houston [1st
Dist.] November 4, 2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Chief Justice Radack, Justices Alcala and Massengale  
01-10-00007-CV Scott Murphy v. John Manning, Microcheck Systems Inc. and Microcheck Solutions, Inc.
Appeal from 125th District Court of Harris County  

Earnest Taylor and Lecia Taylor v. Hartford Fire Insurance Company d/b/a The Hartford (Tex.App.- Houston
[1st Dist.] November 4, 2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Chief Justice Radack, Justices Alcala and Higley  
01-10-00221-CV Earnest Taylor and Lecia Taylor v. Hartford Fire Insurance Company d/b/a The Hartford
Appeal from Co Civil Ct at Law No 4 of Harris County  

In re Jimmy Briggs (Tex.App.- Houston [1st Dist.] November 4, 2010)(Curiam)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam   
Before Justices Keyes, Higley and Bland  
01-10-00892-CV In re Jimmy Briggs
Appeal from 311th District Court of Harris County  

In re Larry Taylor (Tex.App.- Houston [1st Dist.] November 4, 2010)(Jennings)
OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Jennings  
Before Chief Justice Radack, Justices Jennings and Massengale  
01-10-00893-CV In re Larry Taylor
Appeal from 122nd District Court of Galveston County  

Criminal Causes Decided:   

Terrell Kuykendall v. The State of Texas (Tex.App.- Houston [1st Dist.] November 4, 2010)(Jennings)
AFFIRM TC JUDGMENT: Opinion by Justice Jennings   
Before Justices Jennings, Alcala and Sharp  
01-08-00523-CR Terrell Kuykendall v. The State of Texas
Appeal from 339th District Court of Harris County  

Luis Enrique Garcia v. The State of Texas (Tex.App.- Houston [1st Dist.] November 4, 2010)(Higley)
AFFIRM TC JUDGMENT: Opinion by Justice Higley   
Before Justices Keyes, Higley and Bland  
01-08-00726-CR Luis Enrique Garcia v. The State of Texas
Appeal from 228th District Court of Harris County  

Carlos Andres Barrientos v. The State of Texas (Tex.App.- Houston [1st Dist.] November 4, 2010)(Keyes)
AFFIRM TC JUDGMENT: Opinion by Justice Keyes   
Before Justices Keyes, Higley and Bland  
01-08-00753-CR Carlos Andres Barrientos v. The State of Texas
Appeal from 180th District Court of Harris County  

Brandon Gordon v. The State of Texas (Tex.App.- Houston [1st Dist.] November 4, 2010)(Radack)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack   
Before Chief Justice Radack, Justice Massengale, The Honorable Cox  
01-08-01012-CR Brandon Gordon v. The State of Texas
Appeal from 209th District Court of Harris County  

Kenneth Ray Frelow v. The State of Texas (Tex.App.- Houston [1st Dist.] November 4, 2010)(Jennings)
AFFIRM TC JUDGMENT: Opinion by Justice Jennings   
Before Justices Jennings, Alcala and Higley  
01-09-00718-CR Kenneth Ray Frelow v. The State of Texas
Appeal from 176th District Court of Harris County  

Larry Duwayne West v. The State of Texas (Tex.App.- Houston [1st Dist.] November 4, 2010)(Jennings)
AFFIRM TC JUDGMENT: Opinion by Justice Jennings   
Before Justices Jennings, Alcala and Higley  
01-10-00052-CR Larry Duwayne West v. The State of Texas
Appeal from 179th District Court of Harris County  

Rayford Dwayne Coleman v. The State of Texas (Tex.App.- Houston [1st Dist.] November 4, 2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Justices Jennings, Alcala and Sharp  
01-10-00691-CR Rayford Dwayne Coleman v. The State of Texas
Appeal from 228th District Court of Harris County  

Rayford Dwayne Coleman v. The State of Texas (Tex.App.- Houston [1st Dist.] November 4, 2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Justices Jennings, Alcala and Sharp  
01-10-00692-CR Rayford Dwayne Coleman v. The State of Texas
Appeal from 228th District Court of Harris County  

Landon Brook v. The State of Texas (Tex.App.- Houston [1st Dist.] November 4, 2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Chief Justice Radack, Justices Keyes and Massengale  
01-10-00754-CR Landon Brook v. The State of Texas
Appeal from 185th District Court of Harris County  

Landon Brook v. The State of Texas (Tex.App.- Houston [1st Dist.] November 4, 2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Chief Justice Radack, Justices Keyes and Massengale  
01-10-00755-CR Landon Brook v. The State of Texas
Appeal from 185th District Court of Harris County  

In re Roosevelt T. Adams, Jr. v. The State of Texas (Tex.App.- Houston [1st Dist.] November 4, 2010)(Curiam)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam   
Before Justices Jennings, Alcala and Higley  
01-10-00781-CR In re Roosevelt T. Adams, Jr. v. The State of Texas
Appeal from 228th District Court of Harris County  

In re Roosevelt T. Adams, Jr. v. The State of Texas (Tex.App.- Houston [1st Dist.] November 4, 2010)(Curiam)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam   
Before Justices Jennings, Alcala and Higley  
01-10-00782-CR In re Roosevelt T. Adams, Jr. v. The State of Texas
Appeal from 228th District Court of Harris County  

Pilar Oscar Parras v. The State of Texas (Tex.App.- Houston [1st Dist.] November 4, 2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Justices Keyes, Higley and Bland  
01-10-00825-CR Pilar Oscar Parras v. The State of Texas
Appeal from 176th District Court of Harris County  

Pilar Oscar Parras v. The State of Texas (Tex.App.- Houston [1st Dist.] November 4, 2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Justices Keyes, Higley and Bland  
01-10-00826-CR Pilar Oscar Parras v. The State of Texas
Appeal from 176th District Court of Harris County
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1/18/10
 
FIRST COURT OF APPEALS
JUSTICES
Chief Justice Radack
Justice Elsa Alcala
Justice Jane Bland
Justice George Hanks
Justice Laura Higley
Justice Terry Jennings
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Justice Michael Massengale
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