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official web page for the 189th District Court of Harris County   

Some Appeals from cases in Judge Burke's Court

Gonzalez v. AAG-Law Vegas, LLC (Tex.App.- Houston [1st Dist.] Oct. 29, 2009)(Opinion on rehearing
by Davie L. Wilson) (
accelerated, interlocutory appeal challenging denial of special appearance,
minimum contacts
analysis) (court of appeals renders judgment sustaining the special appearance)
(
no personal jurisdiction over Defendant)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by
Judge Davie L. Wilson     
Before Judge Wilson, Justices Alcala and Hanks  
01-08-00377-CV  David M. Gonzales v. AAG-Las Vegas, L.L.C., Ascent Automotive Group, L.P.,
KW#1 Acquisition Company, L.L.C.   
Appeal from 189th District Court of Harris County
Trial Court Judge:
Hon. William R. Burke. Jr.  

Harris County, Texas v. Luna (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Keyes)
(TTCA: Denial of
plea to the jurisdiction affirmed, notice of claim issue under Texas Tort Claim Act)
AFFIRM TC JUDGMENT: Opinion by
Justice Keyes    
Before Justices Keyes, Hanks and Bland  
01-09-00039-CV Harris County, Texas v. Sonia Luna - Prudencio    
Appeal from 189th District Court of Harris County  
Trial Court Judge:
Hon. William R. Burke. Jr.  

Gonzalez v. AAG-Las Vegas, LLC (Tex.App.- Houston [1st Dist.] Jun. 4, 2009)(Wilson, Davie)
(challenge to
personal jurisdiction, special appearance)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by
Judge Wilson
Before Chief Justice Radack, Judge Wilson, Justice Alcala
01-08-00377-CV David M. Gonzalez v. AAG-Las Vegas, L.L.C., Ascent Automotive Group, L.P.,
KW#1 Acquisition Company, L.L.C.--Appeal from 189th District Court of Harris County
Trial Court Judge:
Hon. William R. Burke. Jr.  

Jay Petroleum, LLC v. EOG Resources, Inc. (Tex.App.- Houston [1st Dist.] May 7, 2009)(Alcala)
(
scope of remand, implications of relief requested or not prayed for in court of appeals, remand of
counterclaims, attorney's fees, fact issue as to
reasonableness of attorney's fees, inflated number of
hours claimed, controverting countervailing fee affidavit by attorney)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Alcala   
Before Chief Justice Radack, Justices Alcala and Hanks  
01-08-00541-CV
Jay Petroleum, L.L.C. v. EOG Resources, Inc., f/k/a Enron Oil & Gas Company  
Appeal from 189th District Court of Harris County
Trial Court Judge:
Hon. William R. Burke. Jr.  

In re Strachan (Tex.App.- Houston [14th Dist.] May 12, 2009)(per curiam denial of mandamus)
MOTION OR WRIT DENIED: Per Curiam  
Before Justices Anderson, Seymore and Brown
14-09-00408-CV In Re James D. Strachan
Appeal from 434th Judicial District Court of Fort Bend County
Trial Court Judge: William R. Burke JR.  

Champion v. Great Dane LP, NO. 14-08-00310-CV (Tex. App.-Houston [14th Dist.] May 7,
2009)(Frost)(product liability)(design defect, defective manufacturing)
AFFIRMED: Opinion by Justice Frost    
Before Chief Justice Hedges, Justices Hudson and Frost
14-08-00310-CV Tommy Champion v. Great Dane Limited Partnership
Appeal from 189th District Court of Harris County
Trial Court
Judge: William R. Burke JR.  

Wilkins v. McManemy, MD (Tex.App.- Houston [14th Dist.] Mar. 31, 2009)(Brown)
(HCLC,
governmental defendant, dismissal of governmental employee, TTCA, plea to the jurisdiction)
AFFIRMED: Opinion by
Justice Brown   
Before Justices Frost, Brown and Boyce
14-06-00876-CV Jessica Wilkins, Individually and as Personal Representative of the Estate of
Sha'nya Harris v. Julie Kathryn McManemy, M.D. and Jalil Thurber, M.D.,
Appeal from 151st District Court of Harris County
Trial Court
Judge: Bill Burke

In re Omega Protein, Inc. (Tex. App.- Houston [1st Dist.] Jan. 20, 2009)(Bland)(forum selection clause)
(trial court must dismiss the case for
forum non conveniens)(mandamus granted) .
GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by
Justice Bland  
Before Justices Jennings and Bland, The Honorable Hudson)
01-08-00656-CV In re Omega Protein, Inc.
Appeal from 189th District Court of Harris County
Trial Court Judge:
Hon. William R. Burke. Jr.

Hilburn v. Providian Holdings, Inc. (Tex.App.- Houston [1st Dist.] Nov. 6, 2008)(Taft)
(interpretation of
easement agreement, untimely designation of expert witness) (UDJA, interpretation
of
easement agreement, untimely designation of expert witness, attorney's fees)
AFFIRM TC JUDGMENT: Opinion by
Justice Taft  
Before Chief Justice Radack, Justices Taft and Alcala
01-06-00961-CV Barbara Hilburn v. Providian Holdings, Inc.
Appeal from 189th District Court of Harris County
Trial Court Judge: Hon. William R. Burke. Jr.

In re TCW Global Project Fund II, Ltd (Tex.App.- Houston [14th Dist.] Sep. 22, 2008)
(mandamus denied re: denial of motion to dismiss based on a
forum-selection clause)
MOTION OR WRIT DENIED: Per Curiam  
Before Justices Brock Yates, Guzman and Brown)
14-08-00116-CV        In Re TCW Global Project Fund II, Ltd., TCW Asset Management Company, and
Trust Company of the West
Appeal from 189th District Court of Harris County
Trial Court Judge: William R. Burke JR.

Starr v. Dart (Tex.App.- Houston [14th Dist.] July 24, 2008)(Fowler)
(
settlement agreement, usury law not applicable)
AFFIRMED: Opinion by
Justice Fowler  
Before Chief Justice Hedges, Justices Fowler and Boyce
14-07-00673-CV Frank F. Starr v. Henry Dart
Appeal from 189th District Court of Harris County
Trial Court
Judge: William R. Burke JR.  

Adebo v. Litton Loan Servicing, LP (Tex.App. - Houston [1st Dist.] May 29, 2008)(Radack)
(
real estte law, no wrongful foreclosure)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack  
Before Chief Justice Radack, Justices Keyes and Higley)
01-07-00708-CV Adekunle Adebo v. Litton Loan Servicing, L.P.
Appeal from 189th District Court of Harris County
Trial Court
Judge: Hon. William R. Burke, Jr.  

Narsi v. Weingarten Realty Investors (Tex.App.- Houston [1st Dist.] Nov. 29, 2007)(Hanks)
(commercial
breach of lease, mitigation defense, attorney's fees)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
Before Justices Taft, Hanks and Higley
01-06-00690-CV Amirali M. Narsi v. Weingarten Realty Investors
Appeal from 189th District Court of Harris County (Hon. William R. Burke, Jr.)

In Re Bilfinger Berger AG (Tex.App.- Houston [1st Dist.] Nov. 2, 2007)(per curiam)(discovery
mandamus denied, nonsubstantive opinion)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Justices Taft, Jennings and Keyes
01-07-00934-CV In re Bilfinger Berger AG and Bilfinger Berger Gas and Oil Services Nigeria
Limited--Appeal from 189th District Court of Harris County (Hon. Bill Burke)

SUBSEQUENT TEX.SUP. CT DECISION: Metro Allied Ins. Agency v. Lin, No. 07-1032 (Tex. Dec, 11,
2009)(per curiam) (DTPA, negligence claim predicated on failure to procure insurance coverage,
causation standard)(take-nothing JNOV against plaintiff reinstated)
Lin v. Metro Allied Ins. Co. (Tex.App.- Houston [1st Dist.] Aug. 31, 2007)(Hanks)(DTPA, JNOV, jury)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by
Justice Hanks
Before Justices Taft, Alcala and Hanks
01-05-00196-CV Shihche E. Lin, individually and d/b/a Aptus Company, and Sung-Ping H. Lin v.
Metro Allied Insurance Agency, Inc. and C. Michael McGlothlin  
Appeal from 189th District Court of Harris County (Hon. William R. Burke, Jr.)

S.E.A. Leasing, Inc. v. Jeff Steele and Melissa Steele (Tex.App.- Houston [1st Dist.] Aug
17,2007)(Concurrence by Taft)
OPINION CONCURRING WITH THIS COURT'S JUDGMENT: Concurring Opinion by Justice Taft
Before Justices Taft, Alcala and Hanks
01-05-00189-CV S.E.A. Leasing, Inc. v. Jeff Steele and Melissa Steele
Appeal from 189th District Court of Harris County (
Judge Hon. William R. Burke, Jr.)

S.E.A. Leasing, Inc. v. Jeff Steele and Melissa Steele (Tex.App.- Houston [1st Dist.] Aug 17,
2007)(Dissent by Keyes)
OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Keyes
Before Justices Taft, Alcala and Hanks
01-05-00189-CV S.E.A. Leasing, Inc. v. Jeff Steele and Melissa Steele
Appeal from 189th District Court of Harris County (Judge William R. Burke, Jr.)

Cantu v. Transocean Enterprises Inc. (Tex.App.- Houston [14th Dist.] Jul. 17,
2007)(Anderson)(summary judgment affidavit stricken)
AFFIRMED: Opinion by Justice Anderson
Before Justices Brock Yates, Anderson and Hudson
14-05-01178-CV Richard Cantu v. Transocean Enterprises Inc. d/b/a Todco Management Service,
Inc. and Transocean Development Co. and Transocean, Sedco, Forex
Appeal from 189th District Court of Harris County (Judge William R. Burke JR)

Capitol Toys v. Salter (Tex.App.- Houston [14th Dist.] Nov. 16, 2006)(per curiam)
[domestication of foreign order, not final because other issues remain, no
interlocutory jurisdiction to appeal, DWOJ]
DISMISSED: Per Curiam
Before Chief Justice Hedges, Justices Brock Yates and Seymore)
14-06-00925-CV Capitol Toys, Inc., Toy Maker, Inc., Aviation Dynamics, Inc., and
Brett Salter v. Rodika Salter
Appeal from 189th District Court of Harris County (Hon. Bill Burke)
("a district court order confirming registration of a foreign child support order, but
expressly declining to rule on the order's enforceability, is not final and appealable")

GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Elsa Alcala
Before Chief Justice Radack, Justices Jennings and Alcala
01-05-00686-CV In re Talent Tree Crystal, Inc.
Appeal from 189th District Court of Harris County

GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Elsa Alcala
Before Chief Justice Radack, Justices Jennings and Alcala
01-05-00686-CV In re Talent Tree Crystal, Inc.
Appeal from 189th District Court of Harris County

GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Elsa Alcala
Before Chief Justice Radack, Justices Jennings and Alcala
01-05-00686-CV In re Talent Tree Crystal, Inc.
Appeal from 189th District Court of Harris County
Hon. Bill Burke
Judge of the 189th District Court in Harris County, Texas
HOUSTON OPINIONS
Houston Opinions
Harris County Civil Courts and
Judges (Non-family)
Harris County Civil Courthouse - Houston TX 77002

Harris County District Court Judges

11th  Judge Mike Miller (2009)
11th  Judge Mark Davidson (former)  
55th  
Judge Dion Ramos (elected 2008)
55th  Judge Jeff Shadwick (former)
55th  Judge Jeff Brown (former)
61st  Judge Al Bennet (2009)
61st  Judge John Donovan (former)
80th  Judge Larry Weiman (2009)
80th  Judge Lynn Bradshaw-Hull (former)
113th  Judge Patricia Hancock
125th  Judge Kyle Carter (2009)
125th  Judge John Coselli (former)
127th  Judge R. K. Sandill (2009)
127th  Judge Sharolyn Wood (former)
129th  Judge Michael Gomez (2009)
129th  Judge Grant Dorfman (former)
133th  Judge Jaclanel McFarland (2009)
133th  Judge Lamar McCorkle (former)
151st   Judge Mike Engelhart (2009)
151st   Judge Caroline E. Baker (former)
152nd  Judge Robert Schaffer (2009)
152nd  Judge Kenneth Wise (former)
157th   Judge Randall Wilson
164th   Judge Alexandra Smoots-Hogan (2009)
164th   Judge Martha Hill Jamison (former)
165th   Judge Josefina Muniz Rendon (2009)
165th   Judge Elizabeth Ray (former)
189th   Judge Bill Burke
190th   Judge Patricia Kerrigan (reelected '08)
190th   Hon. Jennifer W. Elrod (now on 5th Cir)
215th   
Judge Steven E. Kirkland (2009)
215th   Judge Levi Benton (former)
234th   Judge Reece Rondon
269th   Judge Dan Hinde (appointed 2008)
269th   John T. Wooldridge (resigned 2008)
270th   Judge Brent Gamble
280th   Judge Tony Lindsay
281st   Judge Sylvia Matthews (appt'd 2008)
281st   Judge David J. Bernal (resigned 2008)
295th   Judge Tracy E. Christopher
333rd  Judge Joseph James "Tad" Halbach Jr.
334th  Judge Sharon McCally (reelected 2008)