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2008 Election Contest for the 11th District Bench Mark Davidson loses to Mike Miller Judge Mark Davidson was unopposed in the Republican primary. Unlike most of his fellow judicial incumbents seeking re-election, his campaign sign featured both a photo and a theme. Interestingly, his campaign website also touted endorsements by Democrats, but all to now avail. Democratic challenger Attorney Mike Miller, sole candidate in the Democratic Party's primary for this bench defeated Davidson in the general election. Miller, a long-time trial lawyer who knows both sides of the docket, promised judicial restraint and dignified treatment of lawyers and litigants in the election campaign. |
For more Information on the MDL court and to see a photo of Judge Mark Davidson, go to the
Official web page of the MDL Pre-Trial Judge for Asbestos Cases (follow link for asbestos litigation)
also see --> Judge Davidson's resume (CV)| Appointment of Hon. Mark Davidson by MDL Panel
Official web page of the MDL Pre-Trial Judge for Asbestos Cases (follow link for asbestos litigation)
also see --> Judge Davidson's resume (CV)| Appointment of Hon. Mark Davidson by MDL Panel
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Some Appeals from cases before Judge Mark Davidson
M7 Capital LLC. v. Miller (Tex.App.- Houston [14th.] Mar. 25, 2010)(Christopher)
(option contract, existence of contract, existence of valid contract, performance)
REVERSED AND REMANDED: Opinion by Justice Christopher
Before Justices Anderson, Boyce and Christopher
14-08-00951-CV M7 Capital LLC v. Theodore B. Miller, Jr. a/k/a Ted B. Miller, Jr.
Appeal from 11th District Court of Harris County
Trial Court Judge: Mark Davidson
Thomas v Radioshack Corp. (Tex.App.- Houston [1st Dist.] Mar. 4, 2010)(Radack)
(request for jury trial, motion for continuance properly denied, oral motion to continue trial date was insufficient)
AFFIRM TRIAL COURT JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Alcala and Higley
01-08-00400-CV Arva Thomas v. Radioshack Corporation d/b/a Radioshack #8002 and Danica Reyes, Employee
in her Official and Individual Capacity
Appeal from 11th District Court of Harris County
Trial Court Judge: Hon. Mark Davidson
David Rafes, Inc. v. Huml (Tex.App.- Houston [1st Dist.] Oct. 29, 2009)(Jennings)
(defamation business disparagement claim re product quality, tortious interference with prospective business
relationships, substantial truth defense to defamation claim succeeds)
AFFIRM TC JUDGMENT: Opinion by Justice Jennings
Before Justices Jennings, Higley and Sharp
01-08-00856-CV David Rafes, Inc. v. Michael Huml and Slowboy Racing, Inc.
Appeal from 11th District Court of Harris County
Trial Court Judge: Hon. Mark Davidson
In Re Wilhite (Tex.App.- Houston [1st Dist.] Sep. 25, 2009)(en banc opinion by Alcala) (mandamus to remove
judge on claim of disqualification denied)(judicial disqualification)(asbestos litigation)
DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Alcala
Before Justices Jennings, Alcala and Higley
01-09-00387-CV In Re Edward and Margie Wilhite
Appeal from 11th District Court of Harris County
Trial Court Judge: Judge Mark D. Davidson
Dissenting Opinion by Justice Jennings re disqualification of judge from asbestos case
Nexion Health at Humble Inc v. Whitley (Tex.App.- Houston [14th Dist.] Aug. 25, 2009)
(HCLC denial of motion to dismiss affirmed, expert report adequate)
AFFIRMED: Per Curiam
Before Chief Justice Hedges, Justices Seymore and Sullivan
14-09-00052-CV Nexion Health at Humble, Inc. d/b/a Humble Healthcare Center v. Carolyn Whitley; Clifton Kelly;
Diddie Blanc; Billie Ray Kelly; and Judy Williams, Representative of the Estate of Jeanette Blanc, Deceased
Appeal from 11th District Court of Harris County
Trial Court Judge: Mark Davidson
Cricket Hollow Partners, L.P. v. MMA Cricket Hollow, LLC (Tex.App.- Houston [1st Dist.] Jul. 16, 2009)(Jennings)
(partnership agreement, interpretation, construction of contract)
AFFIRM TC JUDGMENT: Opinion by Justice Jennings
Before Justices Jennings, Keyes and Higley
01-08-00254-CV Cricket Hollow Partners, L.P. and Cricket Hollow Development, Inc.
v. MMA Cricket Hollow, LLC
Appeal from 11th District Court of Harris County
Trial Court Judge: Hon. Mark Davidson
Askari v. Endevco, Inc. (Tex.App.- Houston [14th Dist.] Jul. 2, 2009)(breach of contract for consulting services
claim, payment in stock, court sustained both parties' objections to parol evidence, applicability of parol evidence
rule, ambiguous and unambiguous contract provisions, preservation of error regarding evidentiary objections).
AFFIRMED: Opinion by Justice Seymore
Before Justice Seymore
14-08-00278-CV Farzad Askari v. Endevco, Inc.
Appeal from 11th District Court of Harris County
Trial Court Judge: Mark Davidson
Grant, MD v. Clouser (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Boyce)
(REAL ESTATE LITIGATION, partition of real estate, homestead rights)
REVERSED AND REMANDED: Opinion by Justice Boyce
Before Justices Frost, Brown and Boyce
14-07-00789-CV Howard Grant, M.D. v. Shawna M. Clouser and Valerie M. Jamison as the Personal
Representative of the Estate of Mark E. Jamison, Sr.
Appeal from 11th District Court of Harris County
Trial Court Judge: Mark Davidson
Texas Mutual Ins.Co. v. Morris (Tex.App.- Houston [14th Dist.] Jun. 4, 2009)(Opinion on rehearing by Frost) (bad-
faith claim in worker's comp case) (loss of credit reputation requirements for proof)
AFFIRMED AS MODIFIED IN PART AND REVERSED AND REMANDED IN PART:
Opinion by Justice Frost
Before Justices Anderson and Frost
14-06-00651-CV Texas Mutual Insurance Company v. P. Lance Morris
Appeal from 11th District Court of Harris County
Trial Court Judge: Mark Davidson
Texas Mutual Ins. Co. v. Morris (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Superseded op. by Fowler)
(insurance code violation damages affirmed, loss of credit reputation damages deleted)
AFFIRMED AS MODIFIED: Opinion by Justice Fowler
Before Justices Anderson, Fowler and Frost
14-06-00651-CV Texas Mutual Insurance Company v. P. Lance Morris
Appeal from 11th District Court of Harris County
Trial Court Judge: Mark Davidson
Mares v. Blaine (Tex.App.- Houston [1st Dist.] July 24, 2008)(Hanks) (appeal from DWOP)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
Before Justices Nuchia, Alcala and Hanks
01-07-00620-CV Samuel R. Mares, Sr. v. Victor R. Blaine
Appeal from 11th District Court of Harris County
Trial Court Judge: Hon. Mark Davidson
Moutasse and Pacha v. Casey (Tex.App.- Houston [14th Dist.] July 22, 2008)(Frost) (HCLC, ILA) (In this
interlocutory appeal, a gastroenterologist appeals the trial court's denial of his motion to dismiss health-care-
liability claims for plaintiffs' failure to file an expert report in compliance with section 74.351 of the Texas Civil
Practice and Remedies Code. The court affirms.)
AFFIRMED: Opinion by Justice Frost
Before Justices Frost, Seymore and Guzman
14-07-00150-CV Ahmad Moutasse, Rajar Pacha, M.D., Individually and d/b/a Moutassem Rajar Pacha, M.D.,
P.A. v. Gretchen Casey, Individually and a/n/f of John Conner Casey and Cullen Patrick Casey, Minor Surviving
Children of Kevin John Casey; Gretchen Casey, as Personal Representative of the Estate of Kevin John Casey;
and John Casey and Joan Casey
Appeal from 11th District Court of Harris County (Judge Mark Davidson)
Coleman v. Revak (Tex.App.- Houston [1st Dist.] June 19, 2008)(Hanks) (employment at will)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
Before Justices Nuchia, Alcala and Hanks
01-07-00438-CV Stanley Russell Coleman v. Lynn A. Revak, Revak Turbomachinery Services, Inc., Revak
Enterprises, Inc., L-Mart International Corporation, Revak Controls Corporation, Turbo Storage Service Company,
and Revak Energy, Inc.--Appeal from 11th District Court of Harris County
Trial Court Judge: Hon. Mark Davidson
L&L Crane Service, Inc. v. Continental Dredging, Inc. (Tex.App.- Houston [1st Dist.] June 5, 2008) (Nuchia)
(commercial dispute, storage fees, breach of contract, quantum meruit, conversion claim)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
Before Justices Nuchia, Hanks and Higley
01-07-00083-CV L&L Crane Service, Inc. v. Continental Dredging, Inc.
Appeal from 11th District Court of Harris County
Trial Court Judge: Hon. Mark Davidson
In Re: MHI Partnership, Ltd (Tex.App.- Houston [14th Dist.] May 29, 2008)(Op. on rehearing by Boyce)
(arbitration compelled by mandamus)
MOTION OR WRIT GRANTED: Opinion by Justice Boyce
Before Chief Justice Hedges, Justices Anderson and Boyce
14-07-00851-CV In Re: MHI Partnership, LTD.
Appeal from 11th District Court of Harris County
Trial Court Judge: Mark Davidson
In Re MHI Partnership, Ltd (Tex.App.- Houston [14th Dist.] Apr. 23, 2008)(first, superseded opinion by Justice Bill
Boyce) (arbitration mandamus, motion to compel arbitration, homeowner complaints about contamination
consumer law)
MOTION OR WRIT GRANTED: Opinion by Justice Boyce
Before Chief Justice Hedges, Justices Anderson and Boyce
14-07-00851-CV In Re: MHI Partnership, Ltd.
Appeal from 11th District Court of Harris County
Trial Court Judge: Mark Davidson
Equistar Chemicals, LP v. Dresser-Rand Co. (Tex.App.- Houston [14th Dist.] Apr. 1, 2008)(Opinion on remand by
Hedges)(damages)
REVERSED AND REMANDED: Opinion by Chief Justice Hedges
14-02-00874-CV Equistar Chemicals, LP v. Dresser-Rand Company
Appeal from 11th District Court of Harris County
Trial Court Judge: Mark Davidson
Goss v. Houston Community Newspapers (Tex.App.- Houston [14th Dist.] Apr. 1, 2008)(Yates)(defamation suit)
AFFIRMED: Opinion by Justice Brock Yates
14-06-00719-CV Randolph Goss v. Houston Community Newspapers, and Sarah Mertins
Appeal from 113th District Court of Harris County
Trial Court Judge: Mark Davidson
HCAD v. Sigmor Corp. (Tex.App.- Houston [1st Dist.] Apr. 3, 2008)(Higley)(property tax litigation, taxing gas
stations)
REVERSE TRIAL COURT JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Higley
Before Justices Nuchia, Hanks and Higley
01-06-00740-CV Harris County Appraisal District v. Sigmor Corporation, et al
Appeal from 11th District Court of Harris County
Trial Court Judge: Hon. Mark Davidson
In re Allianz Global Risk US (Tex.App.- Houston [1st Dist.] Feb. 29, 2008)(per curiam) (mandamus not appropriate
against judge who did not sign the order)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Justices Taft, Nuchia and Higley
01-06-00165-CV In re Allianz Global Risk US, Allianz Life Insurance Company of North America, Allstate Insurance
Company, Chubb Indemnity Insurance Company, Continental Casualty Company, Fireman's Fund Insurance
Company, et al.
Appeal from 11th District Court of Harris County (Judge Mark Davidson)
In re Marsh USA Inc. (Tex.App. - Houston [1st Dist.] Feb. 29, 2008)(per curiam) (whom may mandamus relief be
sought against, wrong judge here)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Justices Taft, Nuchia and Higley
01-06-00166-CV In re Marsh USA Inc. (Delaware) and Marsh USA Inc. (Texas)
Appeal from 11th District Court of Harris County (Hon. Mark Davidson)
In re Akin Gump Strauss Hauer & Feld LLP (Tex.App.- Houston [14th Dist.] Feb. 21, 2008)(Frost) (Client-attorney
fee dispute, intellectual property)
MOTION OR WRIT DENIED: Opinion by Justice Frost
Before Justices Anderson, Fowler and Frost
14-07-00402-CV In Re: Akin Gump Strauss Hauer & Feld LLP, Et Al
Appeal from 11th District Court of Harris County (Judge Mark Davidson)
Ramirez Restrepo v. Gutierrez (Tex.App.- Houston [1st Dist.] Jan. 31, 2008)(Higley)
(real estate transactions, trespass to try title action, tenants)
AFFIRM TC JUDGMENT: Opinion by Justice Higley
Before Justices Nuchia, Hanks and Higley
01-06-01100-CV Edgar Ramirez Restrepo and Gerardo Campo Ramirez v. Ingrid X. Gutierrez
Appeal from 11th District Court of Harris County (Judge Mark Davidson)
Univ. of Tex. Health Sci. Ctr. at Houston v. Gutierrez, 237 S.W.3d 869 (Tex. App.—Houston [1st Dist.] 2007, pet.
filed). UTHSC Houston v. Gutierrez (Tex.App.- Houston [1st Dist.] Oct. 4, 2007)(Taft)(HCLC, expert report)(cases
with universities as parties)
REVERSE TRIAL COURT JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by
Justice Taft
Before Justices Taft, Hanks and Higley
01-07-00455-CV The University of Texas Health Science Center at Houston v. Frank Gutierrez, Individually and as
Representative of the Estate of Theresa Gutierrez and as Next Friend of Michelle Gutierrez, a minor, Amanda
Gutierrez, Frank Gutierrez, Jr. and Patricia Ramirez
Appeal from 11th District Court of Harris County (Hon. Mark Davidson)
Excel Auto and Truck Leasing LLP v. Alief ISD (Tex. Aug. 31, 2007)(Hanks)(property tax appeal)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
Before Justices Taft, Keyes and Hanks
01-04-01185-CV Excel Auto and Truck Leasing, L.L.P. v. Alief Independent School District et al.
Appeal from 11th District Court of Harris County (The Honorable Mark Davidson)
Separate opinion by Keyes
McAlester Fuel Co. v. Smith International Inc. (Tex.App.- Houston [1st Dist.] Jul. 26, 2007)(commercial dispute,
BoC, DTPA, release, jury instruction)(appellate case with dissent)
AFFIRM TC JUDGMENT: Opinion by Justice Higley
Before Justices Nuchia, Jennings and Higley
01-05-00468-CV McAlester Fuel Company v. Smith International, Inc., d/b/a Smith Services
Appeal from 11th District Court of Harris County (Hon. Mark Davidson)
Jennings Dissent in McAlester Fuel Co. v. Smith International Inc. (Tex.App.- Houston [1st Dist.] Jul. 26, 2007)
Gavrel v. Rodriguez, M.D., (Tex.App.- Houston [14th Dist.] May 3, 2007)(Hedges)(appellate record)
(HCLC, absence of reporter's record requires reversal and new trial)
REVERSED AND REMANDED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Hudson and Guzman
14-04-00637-CV Louis John Gavrel v. Jose E. Rodriguez, M.D., and Grant R. McKeever, M.D. PA
Appeal from 11th District Court of Harris County (Judge Mark Davidson)
Potts v. Harris County District Clerk (Tex.App.- Houston [14th Dist.] Jan. 18, 2007)(per curiam dismissal for want of
jurisdiction, interlocutory, finality issue)
DISMISSED: Per Curiam
Before Chief Justice Hedges, Justices Fowler and Edelman
14-06-01051-CV Patricia Ann Potts v. Harris County District Clerk
Appeal from 11th District Court of Harris County (Judge Mark Davidson)
Cytogenix v. Waldroff (Tex.App.- Houston [1st Dist.] Dec. 14, 2006, pet. denied 6/15/07)(Bland)
(bizlaw, business litigation, breach of contract, licensing agreement, breach of contract defenses, specific
performance, attorney’s fees, prevailing defendant not entitled to statutory attorneys fees in breach of contract
case)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Bland
Before Chief Justice Radack, Justices Alcala and Bland
01-05-00492-CV Cytogenix, Inc. v. William B. Waldroff and Applied Veterinary Genomics, Inc.
Appeal from 11th District Court of Harris County
We conclude that the trial court erred in entering a permanent injunction that requires future specific
performance of the licensing agreements and in awarding attorney’s fees to Waldroff and AVGI. We further conclude that CytoGenix
is not entitled to its attorney’s fees upon reversal of the judgment against it. We therefore reverse the judgment of the trial court and
render judgment that the parties take nothing on their claims.
F.S. New Products and Tesco v. Strong Industries (Tex.App.- Houston [1st Dist.] Nov. 30, 2006)(per curiam)
(recusal and disqualification, case dismissed on remand from higher court)
DISMISS APPEAL: [joint motion to dismiss] Per Curiam
Before Justices Taft, Keyes and Hanks
01-01-00086-CV F.S. New Products, Inc. and Tesco/Williamsen, Inc. v. Strong Industries, Inc.
Appeal from 11th District Court of Harris County (Hon. Mark D. Davidson)
See Tesco Am., Inc. v. Strong Indus., Inc., 49 Tex. Sup. Ct. J. 448, 2006 WL 662740 (Tex. Mar. 17, 2006). (Texas
Supreme Court remanded for redetermination without participation of disqualified justice)
2008 ELECTION OUTCOME: REP Mark Davidson 537,626 Votes 48.81%
DEM Mike Miller 563,884 Votes: 51.19%
DEM Mike Miller 563,884 Votes: 51.19%
The hard work did not pay off with the
Harris County voters, but Davidson
continues to serve as Multidistrict
Litigation (MDL) Judge
Harris County voters, but Davidson
continues to serve as Multidistrict
Litigation (MDL) Judge
TEXT OF ORDER RE-APPOINTING MARK DAVIDSON AS MDL JUDGE FOR ASBESTOS LITIGATION
ORDER OF MULTIDISTRICT LITIGATION PANEL
Order Pronounced December 3, 2008
RE-APPOINTMENT OF PRETRIAL JUDGE IN THE FOLLOWING MULTIDISTRICT LITIGATION CASE:
03-0895 UNION CARBIDE v. AUDREY AMELIA ADAMS, ET AL.
On January 13, 2004 the MDL Panel appointed Judge Mark Davidson, Judge of
the 11th District Court of Harris County, as pretrial judge in the captioned asbestos
litigation. Judge Davidson has served as pretrial judge continuously since his
appointment. On November 4, 2008 Judge Davidson was defeated for reelection as judge
of the 11th District Court. On January 1, 2009 he will become a retired judge, eligible for
MDL assignments under Rule 13.6(a). On November 11 the Asbestos Liaison
Committee filed a motion asking the MDL Panel to reappoint Judge Davidson pursuant
to Rule 13.6(a). The motion contained considerable argument in support of its request.
On November 17 the panel ordered that any opposition to the motion to reappoint Judge
Davidson must be filed by Friday, November 21. No statement of opposition has been
filed. Pursuant to Rule 13.6(a), the Chief Justice of the Supreme Court of Texas has
approved the assignment of Judge Davidson.
The motion to continue Judge Davidson’s assignment as pretrial judge in the captioned
litigation is granted. Judge Davidson will continue as pretrial judge through December
31, the end of his term as judge of the 11th District Court. Effective January 1, 2009 he
is appointed to serve as pretrial judge in the captioned litigation until further order of this
panel.
ORDER OF MULTIDISTRICT LITIGATION PANEL
Order Pronounced December 3, 2008
RE-APPOINTMENT OF PRETRIAL JUDGE IN THE FOLLOWING MULTIDISTRICT LITIGATION CASE:
03-0895 UNION CARBIDE v. AUDREY AMELIA ADAMS, ET AL.
On January 13, 2004 the MDL Panel appointed Judge Mark Davidson, Judge of
the 11th District Court of Harris County, as pretrial judge in the captioned asbestos
litigation. Judge Davidson has served as pretrial judge continuously since his
appointment. On November 4, 2008 Judge Davidson was defeated for reelection as judge
of the 11th District Court. On January 1, 2009 he will become a retired judge, eligible for
MDL assignments under Rule 13.6(a). On November 11 the Asbestos Liaison
Committee filed a motion asking the MDL Panel to reappoint Judge Davidson pursuant
to Rule 13.6(a). The motion contained considerable argument in support of its request.
On November 17 the panel ordered that any opposition to the motion to reappoint Judge
Davidson must be filed by Friday, November 21. No statement of opposition has been
filed. Pursuant to Rule 13.6(a), the Chief Justice of the Supreme Court of Texas has
approved the assignment of Judge Davidson.
The motion to continue Judge Davidson’s assignment as pretrial judge in the captioned
litigation is granted. Judge Davidson will continue as pretrial judge through December
31, the end of his term as judge of the 11th District Court. Effective January 1, 2009 he
is appointed to serve as pretrial judge in the captioned litigation until further order of this
panel.
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