For contact Information including telephone numbers and address for this court and a photo of this
judge, go to ---> official web page for the 270th District Court of Harris County
Some Appeals from cases in Judge Gamble's Court
United Fire & Casualty Company v. Boring & Tunneling Company of America (Tex.App.- Houston [1st
Dist.] Feb. 11, 2010)(Keyes) (construction bond, substantial compliance with notice provisions of the
McGregor Act found even though sworn statement was defective decause notary signature and seal
was missing, but issue overruled as a technicality)
AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Evelyn Keyes
Before Justices Keyes, Hanks and Sharp
01-08-00487-CV United Fire & Casualty Company v. Boring & Tunneling Company of America d/b/a
Bortunco Appeal from 270th District Court of Harris County
Trial Court Judge: Hon. Brent Gamble
In Re John D. Hanby (Tex.App.- Houston [14th Dist.] Feb. 11, 2010)(per curiam)
(declaratory judgment counterclaims that mirrored plaintiff's causes of action were not independent
claims that could survive nonsuit by plaintiff) (mandamus granted to vindicate plaintiff's right to
nonsuit)
MOTION OR WRIT GRANTED: Per Curiam
Before Justices Brock Yates, Anderson and Boyce
14-09-00896-CV In Re John D. Hanby
Appeal from 270th District Court of Harris County
Trial Court Judge: Brent Gamble
Cash Rent-A-Car v. Old American County Mutual Fire Ins. Co. (Tex.App.- Houston [1st Dist.] Jan. 14,
2009)(Jennings)(conversion, trespass, fraud, negligent misrepresentation, breach of contract and
bailment agreement, violations of the Texas Theft Liability Act, the Texas Deceptive Trade Practices
Act (“DTPA”), and the Texas Insurance Code)
Appellant, Cash Rent-A-Car (“RAC”), challenges the trial court’s rendition of summary judgment in favor of appellees,
Old American County Mutual Insurance Company (“Old American”) and Affirmative Insurance Services, Inc.
(“Affirmative”), in RAC’s suit against appellees for conversion, trespass, fraud, negligent misrepresentation, breach of
contract and bailment agreement, and violations of the Texas Theft Liability Act, Footnote the Texas Deceptive Trade
Practices Act (“DTPA”), Footnote and the Texas Insurance Code. Footnote In two issues, RAC contends that the trial
court erred in granting summary judgment in favor of appellees because the summary judgment evidence presented
a genuine issue of material fact on all of RAC’s claims and because appellees did not file a summary judgment
motion addressing all of RAC’s claims.
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC
FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings
Before Justices Jennings, Higley and Sharp
01-09-00021-CV Cash Rent-A-Car, Inc. v. Old American County Mutual Fire Insurance Company, and
Affirmative Insurance Services, Inc.
Appeal from 270th District Court of Harris County
Trial Court Judge: Hon. Brent Gamble
In Re Alam (Tex.App.- Houston [14th Dist.] Oct. 13, 2009)(per curiam)
(mandamus seeking disqualification of trial judge denied)
MOTION OR WRIT DENIED: Per Curiam
Before Justices Anderson and Boyce
14-09-00841-CV In Re Armughan Alam
Appeal from 270th District Court of Harris County
Trial Court Judge: Brent Gamble
Choy v. Graziano Roofing of Texas, Inc. (Tex.App.- Houston [1st Dist.] Oct. 1, 2009)
(construction law, Trust Fund Act violations alleged)
AFFIRM TC JUDGMENT: Opinion by Justice Keyes
Before Justices Jennings, Keyes and Higley
01-07-00761-CV Andrew Choy v. Graziano Roofing of Texas, Inc.
Appeal from 270th District Court of Harris County
Trial Court Judge: Hon. Brent Gamble
Monk v. Westgate Homeowners' Association, Inc. (Tex.App.- Houston [14th Dist.] Aug. 11, 2009)
(Price) (motion for new trial and preservation of error for appellate review, discharge in bankruptcy as
affirmative defense required to be pleaded)
AFFIRMED: Opinion by Senior Justice Frank C. Price, sitting by assignment
Before Price, Justices Brock Yates and Guzman
14-07-00886-CV Joseph Monk v. Westgate Homeowners' Association, Inc.
Appeal from 270th District Court of Harris County
Trial Court Judge: Brent Gamble
Poock v. Washington Mutual Bank [WaMu] (Tex.App.- Houston [1st Dist.] Jul. 16, 2009)(Jennings)
(venue caselaw, mandatory venue, transfer required)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Jennings
Before Justices Jennings, Keyes and Higley
01-08-00415-CV Steven Poock & David Edwards v. Washington Mutual Bank
Appeal from 270th District Court of Harris County
Trial Court Judge: Hon. Brent Gamble
Harrison v. Smith (Tex.App.- Houston [1st Dist.] Jul. 9, 2009) (per curiam)(agreed set-aside of final
judgment for entry of agreed judgment)
SET ASIDE TC JUDGMENT AND REMAND CASE TO TC FOR RENDITION OF JUDGMENT
IN ACCORDANCE WITH PARTIES' AGREEMENT: Per Curiam
Before Justices Keyes, Hanks and Bland
01-09-00035-CV Jim Harrison v. Carl Smith
Appeal from 270th District Court of Harris County
Trial Court Judge: Hon. Brent Gamble
Trial Court Case #: 0566883
Clearview Properties, LP v. T Reit, LP (Tex.App.- Houston [14th Dist.] Jul. 2, 2009)(per curiam)
(turnover order reversed)
REVERSED AND RENDERED: Per Curiam
Before Justices Anderson, Guzman and Boyce
14-08-00827-CV Clearview Properties, L.P. v. T Reit, L.P.
Appeal from 270th District Court of Harris County
Trial Court Judge: Brent Gamble
Kazmir v. Benavides (Tex.App.- Houston [14th Dist.] Jun. 23, 2009)(Anderson)(real estate litigation:
adverse possession)
Decision: TRIAL COURT'S JUDGMENT AFFIRMED: Opinion by Justice Anderson
Panel members: Chief Justice Hedges, Justices Anderson and Hudson
14-08-00034-CV Adolph R. Kazmir and Ruth S. Kazmir v. Ruben A. Benavides and Sylvia Benavides
Appeal from 270th District Court of Harris County
Trial Court Judge: Hon. Brent Gamble
City of Inkster Policeman and FIreman Retirement System v. Kinder (Tex.App.- Houston [1st Dist.]
Jun. 4, 2009)(Alcala)(shareholder derivative action, standing issue after buyout)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala
Before Justices Jennings, Alcala and Higley
01-08-00308-CV City of Inkster Policeman and Fireman Retirement System, derivatively on behalf of
Kinder Morgan, Inc. v. Richard D. Kinder, Michael C. Morgan, William V. Morgan, Fayez Sarofm,
Edward H. Austin, Jr., William J. Hybl, Ted A. Gardner, Charles W. Battey, H.A. True, III, James M.
Stanford, Stewart A. Bliss, Edward Randall, III, Douglas W.G. Whitehead, Et Al
Appeal from 270th District Court of Harris County
Trial Court Judge: Hon. Brent Gamble
Clearview Properties, LP v. Property Texas SC One Corporation (Tex.App.- Houston [14th Dist.] May
14, 2009)(Supplemental Opinion on rehearing by Yates)(attorney's fees counterclaim)
OVERRULED: Opinion by Justice Brock Yates
Before Justices Brock Yates, Anderson and Brown)
14-06-00716-CV Clearview Properties, L.P.; Michael Starcher, Trustee for the Crown Hill Trust; Craig
Walker d/b/a Clearview Properties, L.P.; and Clearview Investments, Ltd. v. Property Texas SC One
Corporation, Clarion Partners, L.L.C., Granite Partners, L.L.C.. Triple Net Properties, L.L.C., T. Reit,
L.P., and T. Reit, Inc.
Appeal from 270th District Court of Harris County
Trial Court Judge: Brent Gamble
Harford Fire Ins. Co. v. C. Springs (Tex.App.- Houston [1st Dist.] Apr. 16, 2009)(Radack)
(construction law, bondability, statute of fraud, suretyship, sufficiency of the pleadings)
REVERSE TRIAL COURT JUDGMENT AND RENDER JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Alcala and Bland
01-06-00065-CV
Hartford Fire Insurance Company v. C. Springs 300, Ltd.
Appeal from 270th District Court of Harris County
Trial Court Judge: Hon. Brent Gamble
SIMULIS LLC v. G.E. Electric Corp (Tex.App.- Houston [1st Dist.] Nov. 26, 2008)(Taft)
(garnishment of payroll funds approved)
AFFIRM TC JUDGMENT: Opinion by Justice Taft
Before Justices Taft, Keyes and Alcala
01-06-01041-CV SIMULIS, L.L.C. v. General Electric Corporation and Amegy Bank of Texas
Appeal from 270th District Court of Harris County
Trial Court Judge: Hon. Brent Gamble
KH v. Doe (Tex.App,. - Houston [14th Dist.] Nov. 18, 2008)(Hudson)
(admissibility of evidence of conviction for aggravated sexual assault, error preservation)
AFFIRMED: Opinion by Justice Hudson
Before Justices Anderson, Hudson and Frost
14-07-00603-CV K.H. and R.H. v. L. Doe and M. Doe
Appeal from 270th District Court of Harris County
Trial Court Judge: Brent Gamble
Stephens v. City of Houston (Tex.App.- Houston [1st Dist.] June 12, 2008)(Keyes)
(City of Houston litigation, UDJA claims stemming from termination of public employment moot, no standing)
DISMISS APPEAL: Opinion by Justice Keyes
Before Justices Taft, Keyes and Alcala
01-06-00851-CV Bartholomew U. Stephens v. City of Houston, et als
Appeal from 270th District Court of Harris County
Trial Court Judge: Hon. Brent Gamble
Hartford Fire Ins. Co. v. C. Springs 300, Ltd. (Tex.App.- Houston [1st Dist.] May 29, 2008)(Radack) (construction law,
bonding)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Alcala and Bland
01-06-00065-CV Hartford Fire Insurance Company v. C. Springs 300, Ltd.
Appeal from 270th District Court of Harris County
Trial Court Judge: Hon. Brent Gamble
Simulis LLC v. GE Capital Corp. (Tex.App.- Houston [14th Dist.] Apr. 17, 2008)(Yates)
(promissory note, estoppel, quantum meruit)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Brock Yates
Before Justices Brock Yates, Fowler and Guzman
14-06-00701-CV Simulis, L.L.C. v. General Electric Capital Corporation
Appeal from 270th District Court of Harris County
Trial Court Judge: Brent Gamble
National Advertising Co. v. Potter (Tex.App.- Houston [1st Dist.] Apr. 3, 2008)(Higley) (lease law, billboards)
AFFIRM TC JUDGMENT: Opinion by Justice Higley
Before Justices Taft, Hanks and Higley
01-06-01042-CV National Advertising Company v. Larry E. Potter
Appeal from 270th District Court of Harris County
Trial Court Judge: Hon. Brent Gamble
Irannezhad v. Aldine ISD (Tex.App.- Houston [1st Dist.] Mar. 20, 2008)(Jennings)
(property tax litigation, tax suit, delinquent taxes)
AFFIRM TC JUDGMENT: Opinion by Justice Jennings
01-07-00794-CV Mohammad Irannezhad v. Aldine Independent School District (ISD)
Appeal from 270th District Court of Harris County
Trial Court Judge: Hon. Brent Gamble
Foote v. Tate (Tex.App. - Houston [1st Dist.] Jan. 31, 2008)(Nuchia)
(real estate law, contract construction, consideration)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
Before Justices Nuchia, Hanks and Higley
01-06-00956-CV Kennitra M. Foote v. Monica J. Tate
Appeal from 270th District Court of Harris County (Judge Brent Gamble)
Schott v. Knight (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Higley)(PI-auto, zero mental anguish damages)
AFFIRM TC JUDGMENT: Opinion by Justice Higley
Before Justices Taft, Hanks and Higley
01-06-00727-CV Kasey Schott v. Hubert Knight, G-P Development, Ltd. d/b/a Service Park, Central Parking
Corporation, and Allright Parking System, Inc. a/k/a Central Parking System of Texas, Inc.
Appeal from 270th District Court of Harris County (Judge Brent Gamble)
Amtech Elevator Serv. Co. v. SDFB 1998-P1 Buffalo Speedway Office LP (Tex.App.- Houston [1st Dist.] Dec. 13, 2007)
(Keyes) (insurance, indemnity)
AFFIRM TC JUDGMENT: Opinion by Justice Keyes
Before Justices Nuchia, Jennings and Keyes
01-07-00401-CV Amtech Elevator Services Company v. CSFB 1998-P1 Buffalo Speedway Office Ltd. Partnership, LNR
Partners, Inc. and MRIO, Inc., Moody Rambin Interests Inc.
Appeal from 270th District Court of Harris County (Hon. Brent Gamble)
[ Under Construction ]
In Re Ward (Tex.App.- Houston [1st Dist.] Nov. 1, 2007)(Taft)(workplace injury, workers comp, order for medical
examination, mandamus denied)
DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Taft
Before Justices Taft, Hanks and Higley
01-07-00558-CV In re Esther Ward
Appeal from 270th District Court of Harris County (Hon. Brent Gamble)
DISMISS APPEAL: Per Curiam (finality, no final order, interlocutory appeal dismissed for want of jurisdiction)
Before Justices Nuchia, Jennings and Keyes
01-06-01184-CV Kerry Beal v. Tracy Christopher, Victor Lehman, Ronald Nicholas, Tommy Thomas, Jane Waters,
and Edward Wells, Jr.
Appeal from 270th District Court of Harris County (Judge Brent Gamble)
Summerville v. Allied Barton Security Services (Tex.App.- Houston [1st. Dist.] Nov. 1, 2007)(Hanks)(malicious
prosecution claim, criminal trespass)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
Before Justices Taft, Hanks and Higley
01-06-00757-CV Nicholas Summerville v. Allied Barton Security Services, LLC, Individually and d/b/a Allied Security
and Tom Smith
Appeal from 270th District Court of Harris County (Hon. Brent Gamble)
In Re Challegne Office Procucts, Inc. (Tex.App.- Houston [1st Dist.] Sep. 26, 2007)(per curiam)(motion to compel
nonparty to submit to deposition on written questions)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Justices Nuchia, Jennings and Keyes
01-05-01101-CV In re Challenge Office Products, Inc. and John Barbosa
Appeal from 270th District Court of Harris County (Hon. Brent Gamble, District Judge)
Moore v. Aqrawi (Tex.App.- Houston [1st Dist.] Sep. 20, 2007)(Higley)(assault, damages)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley
Before Justices Taft, Keyes and Hanks
01-03-00917-CV Peggy Lee Moore v. Cooper Aqrawi, Ind., and Farouq Aqrawi d/b/a Manhattan Limousines of
Houston, L.L.C.--Appeal from 270th District Court of Harris County (Hon. Brent Gamble)
Maxwell v. Siefert (Tex.App.- Houston [14th Dist.] Sep. 18, 2007)(Seymore)
(HCLC, medical malpractice, expert report)
AFFIRMED: Opinion by Justice Seymore
Before Justices Brock Yates, Edelman and Seymore
14-06-00902-CV Alista Maxwell v. Heidi Jane Siefert
Appeal from 270th District Court of Harris County (Hon. Brent Gamble)
HISD v. Old Farms Owners Ass'n (Tex.App.- Houston [1st Dist.] Jul. 26, 2007)(Higley)(tax suit, penalties and interest)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley
(Before Chief Justice Radack, Justices Keyes and Higley)
01-04-00538-CV Houston Independent School District, et al., v. Old Farms Owners Association, Inc., et al.,--Appeal
from 270th District Court of Harris County (Hon. Brent Gamble)
Dissenting Opinion by Justice Keyes in HISD v. Old Farms Owners Association (Tex.App.- Houston [1st Dist.] Jul. 26,
2007)
Peters v. Norwegian Cruise Line Lim. (Tex.App.-Houston [1st. Dist.] Jun. 7, 2007)(Alcala)
[disabled passenger, disability law, accommodations]
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER
PROCEEDINGS: Opinion by Justice Alcala
Before Justices Taft, Alcala and Hanks
01-05-00906-CV Rodger Peters v. Norwegian Cruise Line Limited d/b/a Norwegian Cruise Line
Appeal from 270th District Court of Harris County (Hon. Brent Gamble)
2006
Lewis v. Nolan II (Tex.App.- Houston [1st Dist.] Dec. 14, 2006)(Taft)(supplemental opinion)
Note: Check second supplemental opinion issued March 29, 2007 re: supplementation of record
[attorney malpractice, expert opinion required, MSJ, no-evidence, traditional, appellate record]
AFFIRM TC JUDGMENT: Opinion by Justice Taft
Before Justices Taft, Higley and Bland
01-04-00865-CV George Neil Lewis v. Jack D. Nolan
Appeal from 270th District Court of Harris County (Hon. Brent Gamble)
H. Heller & Co. v. Louisiana Pacific Corp. (Tex.App.- Houston [14th Dist.] Dec. 7, 2006, pet. denied 6/1/2007)
(Hedges)
[foreign judgment, enforcement, personal jurisdiction, validity of foreign judgment]
AFFIRMED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Brock Yates and Seymore
14-06-00481-CV H. Heller & Company, Inc. and Gulf Performance Polymers, Inc. v. Louisiana-Pacific
Corporation
Appeal from 270th District Court of Harris County (Hon. Brent Gamble)
Dissenting Opinion by Justice Brock Yates
Laneisha Davis v. Autonation USA Corp. (Tex.App.- Houston [1st. Dist.] Nov. 16, 2006)(Keyes)
[employment law, discrimination, time-barred claim, limitations]
AFFIRM TC JUDGMENT: Justice Keyes
Before Justices Taft, Keyes and Hanks
01-05-00791-CV Laneisha Davis v. Autonation USA Corporation, Autonation USA, Autonation, Inc.,
Autonation USA Corporation d/b/a Mike Hall Chevrolet, Inc., Mike Hall Chevrolet d/b/a Champion Chevrolet
Hwy, 6, Mike Hall Chevrolet, Inc., d/b/a Champion Chevrolet--Appeal from 270th District Court of Harris
County (Brent Gamble)
Houston I.S.D. [HISD] v. 1616 Corp (Tex.App.- Houston [14th Dist.] Nov. 30, 2006)(Frost)
[tax appeal, tax protest, tax suit, exclusive remedy, plea to the jurisdiction, ILA]
MOTION OR WRIT GRANTED: Justice Frost
Before Chief Justice Hedges, Justices Fowler and Frost
14-04-00859-CV Houston Independant School District,City of Houston and Harris County v. 1615
Corporation, Lance Dreyer and S. R. Dreyer--Appeal from 270th District Court of Harris County (Hon. Brent
Gamble)
("With exceptions that do not apply to this case, the procedures prescribed by the Tax Code for adjudication
of the grounds of protest authorized by that statute (which include complaints regarding an alleged
homestead exemption) are exclusive. See Tex. Tax Code Ann. ' 42.09(a). This suit by the Dreyers and 1615
Corporation seeking an equitable bill of review, declaratory judgment, and recoupment of alleged overpayments of
property taxes is not part of the procedures prescribed by the Property Tax Code.[7] See id. ' 41.01, et seq. (Vernon
2001). Therefore, section 42.09 bars the claims brought by the Dreyers and 1615 Corporation. See id. ' 42.09; Rourk,
194 S.W.3d at 502. Under the Texas Supreme Court's decision in Rourk, the application of section 42.09 deprives the
trial court of jurisdiction, and therefore the trial court erred in denying the Taxing Authorities' plea to the jurisdiction.[8]
See Rourk, 194 S.W.3d at 501-2. Accordingly, we sustain the Taxing Authorities' third issue, reverse the trial court's
order denying the Taxing Authorities' plea to the jurisdiction, and render judgment dismissing all the claims of the
Dreyers and 1615 Corporation for lack of subject-matter jurisdiction.")
Harris County v. Norris (Tex.App.- Houston [1st Dist.] Nov. 9, 2006)(Hanks)
[employment law, wrongful termination, report of child abuse, good faith, bad faith, reinstatement remedy]
AFFIRM TC JUDGMENT: Justice Hanks
Before Justices Taft, Keyes and Hanks
01-04-01087-CV Harris County, Texas v. Cheryl Norris
Appeal from 270th District Court of Harris County (Hon. Brent Gamble)
D.R. Horton v. Brooks (Tex.App.- Houston [14th Dist.] Nov. 2, 2006)(Yates)(appeal)
DISMISSED AS MOOT (see mandamus proceeding below): Justice Brock Yates
(Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-06-00099-CV D.R. Horton, Inc. v. Aurora Brooks
Appeal from 270th District Court of Harris County (Hon. Brent C. Gamble)
In Re D.R. Horton, Inc. (Tex.App.-Houston [14th Dist.] Nov. 2, 2006)(Yates)(mandamus)
(arbitration, mandamus granted) (arbitration clause in employee handbook enforced, illusoriness and
unconscionability challenge rejected)
MOTION OR WRIT GRANTED: Justice Brock Yates
(Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-06-00152-CV In Re: D.R. Horton, Inc.
Appeal from 270th District Court of Harris County (Judge Brent C. Gamble)
Gee v. Mirwis
DISMISS APPEAL: Opinion by Justice Jane Bland
Before Justices Taft, Higley and Bland
01-04-00883-CV Johnny H. Gee and Abiodun Henri Lagoye v. Etan Mirwis, Terry H. Sears, Victoria Woods
Condominium Homeowner's Association, Genesis Community Management Inc., Genesis Property Management
Inc., William C. Devane, and Lloyd's of London Insurance Company
Appeal from 270th District Court of Harris County
Gary Kainer v. ABMC Corporation (Insurance coverage dispute re: defective home construction)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER
PROCEEDINGS: Opinion by Justice Taft
Before Justices Taft, Higley and Bland
01-05-00338-CV Gary Kainer v. ABMC Corporation and Union Planters Bank, N.A.
Appeal from 270th District Court of Harris County
| Hon. Brent Gamble Judge of the 270th District Court in Harris County, Texas www.houston-opinions.com |
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