For court location and contact info go to Official Webpage of the 281st District Court (Hon.
Matthews)
Nov. 5, 2008: Governor picks replacement: New Judge of the 281 District Court Sylvia A. Matthews
(newly appointed judge)
September 10, 2008: AP reports resignation of Judge Bernal in late August - Successor to be
appointed by Governor Rick Perry; resignation too late for vacancy to be filling in November 2008
election.
Note: This bench was previously held by the Hon. Jane N. Bland, who is now a member of the First
Court of Appeals; see Justice Jane Nenninger Bland
Recent Appeals from cases in Judge Bernal's 281st District Court
Beluga Chartering B.V. v. Timber S.A. (Tex.App.- Houston [14th Dist.] Jul. 23, 2009) (Boyce)
(appeal from order denying special appearance, recognition of foreign judgments)
AFFIRMED: Opinion by Justice Boyce
Before Justices Anderson, Guzman and Boyce
14-08-00311-CV Beluga Chartering B.V. v. Timber S.A.,
Appeal from 281st District Court of Harris County
Trial Court Judge: David J. Bernal
Dolan v. Dolan (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Higley)
(probate law, trustee, breach of fiduciary duty, preservation of error)
AFFIRM TC JUDGMENT: Opinion by Justice Higley
Before Justices Jennings, Alcala and Higley
01-07-00694-CV George Diehl Dolan v. Zelie M. Dolan
Appeal from 281st District Court of Harris County
Trial Court Judge: Hon. David J. Bernal
XTO Energy Inc. v. Smith Production, Inc. (Tex.App. - Houston [14th Dist.] Feb. 24, 2009)(Frost)
(contract interpretation, expert witness affidavit struck)
AFFIRMED: Opinion by Justice Frost
Before Justices Frost, Seymore and Guzman
14-07-00069-CV XTO Energy Inc. v. Smith Production Inc.
Appeal from 281st District Court of Harris County
Trial Court Judge: David J. Bernal
Yazdchi v. SACU (Tex.App.- Houston [1st Dist.] Feb. 19, 2009)(Higley) (law of the case doctrine)
AFFIRM TC JUDGMENT: Opinion by Justice Higley
Before Justices Jennings, Keyes and Higley
01-07-00189-CV Abbas Yazdchi v. San Antonio Credit Union (SACU)
Appeal from 281st District Court of Harris County
Trial Court Judge Hon. David J. Bernal
West v. Triple B Services, LLP (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Fowler)
(construction law, BoC, surety liability limited to face amount of bond)
AFFIRMED AS MODIFIED: Opinion by Justice Fowler
Before Chief Justice Hedges, Justices Fowler and Boyce
14-07-00082-CV William G. West, Chapter 7 Trustee of Classic Contractors of Houston Ltd., and
Classic GP, L.L.C., and Western Surety Company v. Triple B Services, LLP
Appeal from 281st District Court of Harris County
Trial Court Judge: David J. Bernal
The Kroger Co. v. Brown (Tex.App.- Houston [14th Dist.] July 24, 2008)(Seymore)
(negligence, proportionate responsibility, damages award reduced)
AFFIRMED: Opinion by Justice Seymore
Before Justices Fowler, Frost and Seymore
14-06-00510-CV The Kroger Co. v. Dan Brown
Appeal from 281st District Court of Harris County
Trial Court Judge: David J. Bernal
Jack v. Holiday World of Houston (Tex.App.- Houston [1st Dist.] June 19, 2008)(Taft)
(motor home purchase, DTPA, mistrial, Batson challenge)
AFFIRM TC JUDGMENT: Opinion by Justice Taft
Before Justices Taft, Keyes and Alcala
01-06-00816-CV Herbert L. Jack v. Holiday World of Houston, Forest River, Inc., Bank of America, N.A.
Appeal from 281st District Court of Harris County
Trial Court Judge: Hon. David J. Bernal
Clear Lake City Water Authority v. Friendswood Development Co., Ltd (Tex.App.- Houston [14th Dist.]
May 22, 2008)(Superseding opinion on rehearing by Frost) (governmental entities, immunity waived)
AFFIRMED: Opinion by Justice Frost
Before Justices Anderson, Fowler and Frost
14-07-00096-CV Clear Lake City Water Authority v. Friendswood Development Company, Ltd.
Appeal from 281st District Court of Harris County
Trial Court Judge: David J. Bernal
Schafer v. Frost National Bank (Tex.App.- Houston [14th Dist.] May 22, 2008)(Frost) (fraudulent
representation) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Frost
Before Justices Fowler, Frost and Seymore
14-06-00673-CV Susana Raquel Schafer and Cynthia Victoria Lentino, Marta A. Lentino Individually,
Marta A. Lentino as Assignee of Fabiola Vanesa Lentino, Michelle M. Lentino, Natalia Lentino, The
Eduardo P. Lentino Childrens Trust Fund and agent of Maria Raquel Lentino v. Frost National Bank
f/k/a Cullen Center Bank and Trust
Appeal from 281st District Court of Harris County
Trial Court Judge: David J. Bernal
Edascio, LLC v. NextiraOne, LLC (Tex.App.- Houston [1st Dist.] May 22, 2008)(Jennings)
(commercial law, breach of contract, JNOV, parol evidence rule bars introduction of evidence to prove
claim) AFFIRM TC JUDGMENT: Opinion by Justice Jennings
Before Chief Justice Radack, Justices Jennings and Bland
01-07-00362-CV Edascio, L.L.C. v. NextiraOne, L.L.C.
Appeal from 281st District Court of Harris County
Trial Court Judge: Hon. David J. Bernal Attorneys: Stephen G. Tipps, James J. Ormiston, D. Scott Funk,
Jennifer Kingaard | Attorney Sean Gorman, James E. Doyle
Salvato, MD v. Angelo (Tex.App.- Houston [14th Dist.] Apr. 8, 2008)(Boyce)
(HCLC, MedMal, sufficiency of expert report)
AFFIRMED: Opinion by Justice Boyce
14-07-00784-CV Patricia D. Salvato, M.D. and Diversified Medical Practices, PA v. Faustina Angelo,
Individually and as Representative of the Estate of Arthur Leon Angelo, Jr., Deceased, Lucas Angelo,
Sofia Angelo, Arthur Angelo, Sr. and Connie Angelo
Appeal from 281st District Court of Harris County
Trial Court Judge: David J. Bernal
DISMISSED: Per Curiam (Mar. 6, 2008)
Before Justices Brock Yates, Guzman and Brown
14-07-01088-CV Steam Way Services a/k/a Steam Way Inc., and Hamid Nikou v. Pat Dean
Appeal from 281st District Court of Harris County (Judge's name not shown on docket)
Findley-Smith, MD v. Smith (Tex. App. - Houston [1st Dist.] Feb. 28, 2008)(Keyes)
(HCLC, medmal, expert report, denial of motion to dismiss affirmed)
AFFIRM TC JUDGMENT: Opinion by Justice Keyes
Before Justices Nuchia, Jennings and Keyes
01-07-00360-CV Joi M. Findley-Smith, M.D. and Peggy Taylor, M.D., P.A. v. Holly Smith and Husband,
Christopher Smith, Individually and A/N/F of Cameron Smith, a minor
Appeal from 281st District Court of Harris County (Judge David J. Bernal)
Clear Lake City Water Authority v. Friendswood (Tex.App.- Houston [14th Dist.] Feb. 12, 2008)(First,
superseded, opinion by Frost) (governmental immunity, breach of contract, Tooke progeny)
REVERSED AND RENDERED: Opinion by Justice Frost
Before Justices Anderson, Fowler and Frost
14-07-00096-CV Clear Lake City Water Authority v. Friendswood Development Company, Ltd.
Appeal from 281st District Court of Harris County (Judge David J. Bernal)
Design Electric v. Cadence McShane Corp. (Tex.App.- Houston [14th Dist.] Jan. 24, 2007)(per curiam)
(substitute opinion vacating judgment pursuant to settlement and joint motion to dismiss)
VACATED AND DISMISSED: Per Curiam
Before Justices Brock Yates, Edelman and Seymore
14-06-00703-CV Design Electric v. Cadence McShane Corporation
Appeal from 281st District Court of Harris County (Judge David Bernal)
DISMISSED: Per Curiam (settlement)
Before Justices Brock Yates, Fowler and Guzman
14-07-00746-CV Concord Del Rio/Ost, Ltd. v. Toysha Armstrong--Appeal from 281st District Court of
Harris County
Cole v. Cassel (Tex.App.- Houston [1st Dist.] Nov. 1, 2007)(Alcala)(DTPA, real estate, earnest money)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala
Before Chief Justice Radack, Justices Alcala and Bland
01-06-00304-CV Curtis S. Cole v. Craig Cassel, Brenda Cassel, Marcia Clark, Preston Jullian
Appeal from 281st District Court of Harris County (Hon. David J. Bernal)
Design Electric v. Cadence McShane Corp. (Tex.App.- Houston [14th Dist.] Oct. 30, 2007)(Seymore)
(construction contract, unclean hands)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Seymore
Before Justices Brock Yates, Edelman and Seymore
14-06-00703-CV Design Electric v. Cadence McShane Corporation
Appeal from 281st District Court of Harris County (Hon. David Jorge Bernal)
Walgreen Co. v. Hieger (Tex.App.- Housotn [14th Dist.] Oct. 11, 2007)(Yates)(HCLC, expert report)
REVERSED AND REMANDED: Opinion by Justice Brock Yates
Before Justices Brock Yates, Frost and Seymore
14-06-00962-CV Walgreen Company v. Cynthia Hieger and Roy C. Heiger, Both Individually and as next
friend of David C. Heiger, A Minor
Appeal from 281st District Court of Harris County (Judge David J. Bernal)
Dissenting Opinion by Justice Seymore
Lentino MD v. Frost National Bank (Tex.App.- Houston [14th Dist.] Aug. 2, 2007)(Anderson)(bill of
review)
AFFIRMED: Opinion by Justice Anderson
Before Justices Anderson, Fowler and Edelman
14-05-01179-CV Eduardo P. Lentino M.D., Individually, Eduardo P. Lentino, M.D. Assignee of Jorge
A. Lentino, M.D. and Marta A. Lentino v. Frost National Bank , F/K/A/ Cullen Center Bank and Trust--
Appeal from 281st District Court of Harris County (Judge David J. Bernal)
Ritchie v. Dr. Yazdi, Apple Dentists, PLLC (Tex.App.- Houston [14th Dist.] May 22, 2007)(Yates)
(HCLC, dentist malpractice, negligence, no DTPA against physician, interest on judgment]
AFFIRMED AS MODIFIED: Opinion by Justice Brock Yates
Before Justices Brock Yates, Anderson and Hudson
14-05-01232-CV Lycett Ritchie v. Dr. Neshat Yazdi, Apple Dentists, PLLC & Dr. Fatemah Bijan
Appeal from 281st District Court of Harris County (David J. Bernal)
Barrick v. Washington Mutual (Tex.App.- Houston [14th Dist.] Apr. 26, 2007)(Hudson)
(defective appellate brief)
AFFIRMED: Opinion by Justice Hudson
Before Justices Brock Yates, Anderson and Hudson)
14-05-01220-CV E.W. "Bill" Barrick; d/b/a Barrick Enterprises; and d/b/a Barrick Insurance Agency v.
Washington Mutual--Appeal from 281st District Court of Harris County (Judge David J. Bernal)
City of Mont Belvieu v. Enterprise Products Operating LP (Tex.App.- Houston [14th Dist.] Feb. 27, 2007)
(Seymore)
REVERSED AND REMANDED: Opinion by Justice Seymore
(Before Justices Fowler, Frost and Seymore)
14-05-01197-CV City of Mont Belvieu, Texas v. Enterprise Products Operating, LP
Appeal from 281st District Court of Harris County
JUDGE BERNAL DOCKET PROCEDURES, ETC (from official web page)
Court Procedures
Judge Bernal's Court Procedures:
1. PRE-TRIAL PROCEDURES AND MOTION PRACTICE
2. TRIAL PROCEDURES
3. ABOUT THE JUDGE
4. SELECTED COURT ORDERS
Pre-trial Procedures and Motion Practice
Trial Settings: All cases are automatically scheduled for trial pursuant to a docket control
order. If your case is a Level 3 case or you need special scheduling consideration (e.g., a longer
discovery period, a shorter trial setting), prepare an agreed scheduling order and submit it to the
Court. Please see “Selected Court Orders” for a standard form Harris County Docket Control Order. If
you need to amend any deadline in the docket control order (except the trial setting), you may do so
either by Rule 11 agreement or by moving for leave of Court. Preferential settings will be granted only
upon a showing of good cause (e.g., parties or witnesses reside outside the United States) and absent
other considerations, should be set for trial during the summer months with all parties waiving any
vacation letters on file.
Continuances: First continuances may be granted for good cause or upon agreement of the
parties if a motion for continuance is filed sufficiently in advance of the trial setting (more than a week
ahead). The proposed order granting the continuance shall state the proposed date for resetting the
trial (preferably a summer setting) and that all counsel have waived any vacation requests for that two
week period. (For the Court’s two-week dockets dates, please see “Selected Court Orders.”) If the
parties would like to amend the docket control order in addition to continuing the trial date, please note
your request in the Motion for Continuance and include the statement that a new scheduling order shall
be issued in the proposed order. Continuances after the first continuance must demonstrate
substantial need for a delay of the trial setting. Agreed first continuances may be submitted immediately
for ruling without oral hearing. Subsequent continuance requests should be set for oral hearing.
Pre-trial Conferences: A pre-trial conference will be held immediately before trial begins. The
Court Coordinator will telephone counsel with the day and time to appear during the two week docket.
Cases generally will have at least one day’s notice before being called in for trial. Docket positions are
available on this site or by contacting the Court Coordinator.
Discovery and other Non-evidentiary Motions: Parties are to always confer and narrow their
areas of disagreement in advance of any hearing. The court is available to hear by telephone non-
evidentiary discovery disputes before any motion papers are filed. Motions may be set for oral hearing
on Mondays at 9:00 a.m. The court also has a submission docket every Monday at 8:00 a.m. for
motions to be considered without oral hearing. Any party may request an oral hearing. Any party
requesting oral hearing, or requesting that a motion be removed from the submission docket and placed
on the oral hearing docket, must give notice to all parties of the hearing. Please remember to call the
court and all counsel when any hearing is passed. Appearances by telephone and hearings by
teleconference may be arranged through the court clerk. If time is short, please file your response
directly with my court clerk.
Motions for Summary Judgment: Motions for summary judgment are heard on Mondays at 10:
00 a.m. Motions should be filed sufficiently in advance of the trial setting to be heard before the case is
called to trial. “No evidence” summary judgment motions should not be set for hearing more than 30
days before the first trial setting, unless the non-moving party does not contest that an adequate time
for discovery has passed. If a motion for summary judgment involves complex issues or lengthy debate,
ask the clerk to set the motion for a separate setting to allow additional time for oral argument. File any
response or reply papers directly with the clerk of the 281st if the hearing is less than a week away.
Copies of relevant cases are appreciated. Highlighting is acceptable as long as highlighted copies are
provided to all counsel.
Emergency Motions: If both sides agree to an emergency hearing call the court clerk and set
up a phone conference. If only one side agrees, file a motion for emergency hearing directly with my
clerk.
Oral Docket: Any party requesting an oral hearing should call the court clerk for a date and
time . The court's oral docket is Monday at 9:00 a.m. for most motions and 10:00 a.m. for Summary
Judgements, and 11:00 a.m. for hearings where evidence is put on the record.
Appearance By Phone: Anyone can appear by phone for any scheduled hearing. If more than
one person wants to appear by phone at a scheduled hearing, the attorneys must all conference in on
one line and then call the court. The court cannot arrange the conference call.
Trial Procedures
Jury Trials: Before trial, parties must exchange exhibit lists, motions in limine, and proposed
charge issues. Have a copy ready for the judge as well. All exhibits should be available before trial for
inspection and copying on request. All exhibits should be pre-marked, and an 81/2 x 11 size duplicate
exhibit should be provided for any blowup exhibit. Review the exhibit list and motion in limine filed by
opposing counsel before trial and be prepared to advise the judge as to which exhibits and limine
requests you have no objection. Deposition excerpts must be provided to opposing counsel the week
before trial. Excerpts should be reviewed and objections made in writing more than 24 hours before
that deposition is to be used at trial. Be prepared to advise the Court of your witness list and
anticipated schedule. The Court has a television monitor for viewing videotaped depositions. The
Court Coordinator will telephone all parties at least one day in advance of trial to schedule the pre-trial
conference. Voir dire may begin immediately after the pre-trial conference in some cases, so be ready
to pick a jury when called for the pre-trial conference. Jurors are allowed to take notes during the trial
and use their notes during deliberations.
Non-Jury Trials: Follow the above guidelines for jury trial, but prepare and exchange proposed
findings of fact and conclusions of law with all counsel and provide them to the judge. In addition,
prepare a proposed form of judgment.
About the Judge
David Bernal was appointed to the 281st in December 2003 by Governor Perry. Before
appointment, he practiced commercial litigation with Baker and Botts and then with King & Spalding . He
completed his legal and undergraduate education at the University of Houston where he graduated with
high honors.
| Hon. David Bernal [Former] 281st District Court Judge in Harris County, Texas Houston Opinions |
| Houston Courts and Cases Harris County Civil Courts and Judges (Non-family) |
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