Some Appeals from Cases in Judge Lamar McCorkle's Court

Douglas v. American Title Co. (pdf) (Tex.App.- Houston [14th Dist.] Nov. 19, 2009)(per curiam)
In this appeal from an order dismissing his case for want of prosecution, appellant Douglas, an indigent inmate
appearing in propria persona, raises three issues asserting that the trial court abused its discretion by failing to
conduct a dismissal hearing or a hearing on his motion to reinstate and by failing to consider his motion to retain. We
affirm the trial court’s order.  
We find that the trial court did not abuse its discretion in failing to conduct a dismissal hearing to consider Douglas’s
motion to retain or a hearing on Douglas’s motion to reinstate.
We overrule Douglas’s three issues.
AFFIRMED: Per Curiam     
Before Chief Justice Hedges, Justices Seymore and Sullivan   
14-08-00676-CV  Ralph O. Douglas v. American Title Company   
Appeal from 133rd District Court of Harris County
Trial Court Judge: Lamar McCorkle  

Imkie v. The Methodist Hospital (pdf)(Tex.App.- Houston [1st Dist.] Dec. 10, 2009)(effect of failure to
respond to no-evidence motion for summary judgment, denial of motion for new trial affirmed)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala    
Before Justices Keyes, Alcala and Hanks   
01-08-00831-CV  Marwa Imkie v. The Methodist Hospital   
Appeal from 133rd District Court of Harris County
Trial Court Judge: Hon. Lamar McCorkle

General Metal Fabricating, Inc. v. Stergiou (Tex.App.- Houston [1st Dist.] Nov. 5, 2009)(Hanks)
(Court lacks jurisdiction over this case because the order entitled "Final Judgment" in the underlying
suit was, in fact, interlocutory)(finality of judgment as prerequisite for appeal)
DISMISS APPEAL: Opinion by Justice Hanks      
Before Justices Keyes, Alcala and Hanks    
01-08-00921-CV  General Metal Fabricating, Inc., GMF Leasing, Inc., and Arnold Curry v. John
Stergiou and Main Marine Repair and Industrial Cleaning, Co.    
Appeal from 133rd District Court of Harris County
Trial Court Judge: Hon. Lamar McCorkle  

Harris County Medical Examiner v. Saghian (Tex.App.- Houston [1st Dist.] Oct. 8, 2009)(Hanks)
(autopsy, free exercise of religion, Texas Religious Freedom Restoration Act, temporary injunction
preventing autopsy vacated, standing)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Hanks   
Before Justices Jennings, Hanks and Bland
01-07-00951-CV Harris County Medical Examiner Luis Arturo Sanchez, M.D. v. Afsaneh Saghian   
Appeal from 133rd District Court of Harris County
Trial Court Judge: Hon. Lamar McCorkle

Plotkin v. Joekel (Tex.App.- Houston [1st Dist.] Sep. 25, 2009)(Taft) (staffing business dispute)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER JUDGMENT:
Opinion by Justice Taft     
Before Justices Taft, Jennings and Bland   
01-06-00624-CV  Garry L. Plotkin v. Charles Joekel, et al.   
Appeal from 133rd District Court of Harris County
Trial Court Judge: Hon. Lamar McCorkle

Ross v. Union Carbide Corp. (Tex.App.- Houston [14th Dist.] Aug. 25, 2009) (en banc opinion by
Guzman) (survivors' asbestos claims for exemplary damages and loss of consortium barred by
release signed by worker prior to his death)
AFFIRMED: Opinion by Justice Eva Guzman    
Before Price, Chief Justice Hedges, Justices Brock Yates, Anderson, Frost, Seymore, Guzman, Brown
and Sullivan  
14-07-00860-CV Marjorie Ross, Joan Seelback, Timothy R. Ross, James R. Ross, Billy R. Ross and
Robert R. Ross v. Union Carbide Corporation   
Appeal from 133rd District Court of Harris County
Trial Court Judge: Lamar McCorkle
Concurring Opinion by Justice Frost in Marjorie Ross, Joan Seelback, Timothy R. Ross, James R.
Ross, Billy R. Ross and Robert R. Ross v. Union Carbide Corporation  (no point in en banc review)  
Concurring Opinion by Senior Justice Price in Marjorie Ross, Joan Seelback, Timothy R. Ross,
James R. Ross, Billy R. Ross and Robert R. Ross v. Union Carbide Corporation  (disagreeing with
supreme court precedent and reluctantly concurring)

Gallagher Healthcare Ins. Service, Inc. v. Vogelsang (Tex.App.- Houston [1st Dist.] Aug. 21, 2009)
(Keyes) (enforceability of covenant-not-to-compete provision in employment agreement; noncompete
held enforceable)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Evelyn Keyes     
Before Justices Jennings, Keyes and Higley
01-07-00478-CV   Gallagher Healthcare Insurance Services, Inc. v. Page M. Vogelsang, Michelle
Friede, Patti Philippone, Trisha Birdsong, and Lockton Companies, Inc.   
Appeal from 133rd District Court of Harris County
Trial Court Judge: Hon. Lamar McCorkle
Dissenting Opinion by Justice Jennings in Gallagher Healthcare Insurance Services, Inc. v. Vogelsang

Rosemond v. Al-Lahiq, MD (Tex.App.- Houston [14th Dist.] Aug. 4, 2009)(Seymore)
(med mal suit, untimely, insufficient expert report, presumption of receipt based on service pursuant
to Rule 21a and rebuttal of presumption by controverting affidavit of nonreceipt)
AFFIRMED: Opinion by Justice Frost  
Before Chief Justice Hedges, Justices Brock Yates and Frost)
14-08-00550-CV  Ulysses L. Rosemond v. Maha Khalifa Al-Lahiq, M.D.   
Appeal from 133rd District Court of Harris County
Trial Court Judge: LAMAR MCCORKLE

In Re Bashaw & Co. (Tex.App.- Houston [1st Dist.] Jul. 23, 2009)(Keyes)(arbitration securities
business, direct benefits estoppel, arbitration mandamus granted)  
GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Keyes   
Before Justices Keyes, Hanks and Bland  
01-08-00803-CV        In re James E. Bashaw & Co.   
Appeal from 133rd District Court of Harris County
Trial Court Judges: Lamar McCorkle | Jaclanel McFarland   

East Houston Estate Apartments, LLC v. City of Houston (Tex.App.- Houston [1st Dist.] Jun. 25, 2009)
(Opinion by Keyes)(city held immune, City of Mexia v. Tooke progeny, statutory waiver for breach of
contract suits against local governments not applicable)(trial court did not err in sustaining the City's
plea to the jurisdiction)
AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Evelyn Keyes     
Panel members: Justices Keyes, Hanks and Bland   
01-08-00966-CV East Houston Estate Apartments, L.L.C. v. The City of Houston   
Appeal from 333rd District Court of Harris County
Trial Court Judge: Hon. Lamar McCorkle  

Aeternia Enterprises, U.S.A., v. Magnitogorsk Steel and Wire Works (Tex.App.- Houston [1st Dist.]
Jun. 18, 2009)(Op. by Higley)(order compelling arbitration is not appealable, DWOJ)
DISMISS APPEAL: Opinion by Justice Higley    
Before Justices Jennings, Alcala and Higley  
01-05-00964-CV  Aeternia Enterprises, U.S.A., Ltd. v. Magnitogorsk Steel and Wire Works    
Appeal from 133rd District Court of Harris County
Trial Court Judge: Hon. Lamar McCorkle

American National Ins v. Deutsche Bank (Tex.App.- Houston [1st Dist.] Jun. 4, 2009)(Radack)
(summary judgment appeals appellate procedure, need to challenge all bases for summary judgment)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack  
01-08-00791-CV American National Insurance, American National Investment Accounts, Inc., SM&R
Investments, Inc., American National Property and Casualty Company, Standard Life and Accident
Insurance Company, Farm Family Life Insurance Company, Farm Family Casualty Ins., v. Deutsche
Bank Securites, Inc. fka Deutsche Banc Alex. Braown Inc., and Deutsche Banc Alex. Brown
Appeal from 133rd District Court of Harris County
Trial Court Judge: Hon. Lamar McCorkle  

AllStyle Coil Co, LP v. Correon (Tex.App.- Houston [1st Dist.] May 7, 2009)(Sharp)
(arbitration confirmation suit FAA, vacature denied, grounds to vacate arbitration award)(worker wins
in arbitration, award confirmed)
AFFIRM TC JUDGMENT: Opinion by Justice Jim Sharp   
Before Justices Taft, Bland and Sharp  
01-07-00790-CV
AllStyle Coil Company, L.P. v. Roberto Carreon  
Appeal from 133rd District Court of Harris County
Trial Court Judge:  Hon. Lamar McCorkle

Supkis v. Madison Place Homeowners Ass'n (Tex.App.- Houston [1st Dist.] June 19, 2008)(Radack)
(homeowner's law, rule against perpetuities not violated)  
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Jennings and Bland
01-07-00573-CV James L. Supkis v. Madison Place Homeowners Association, Inc.
Appeal from 133rd District Court of Harris County
Trial Court Judge: Hon. Lamar McCorkle  

Jackson v. Tx. Bd. of Pardons and Paroles (Tex. App. - Houston [ 1st Dist.] Apr. 3, 2008)(Keyes)
(expunction suit improperly dismissed, no hearing set)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by
Justice Keyes
Before Justices Taft, Keyes and Alcala
01-03-00862-CV Donald C. Jackson v. Texas Board of Pardons and Paroles, et al.
Appeal from 133rd District Court of Harris County
Trial Court Judge: Hon. Lamar McCorkle  

Reece-Albert v. Contractor's Service Co. (Tex.App.- Houston [1st Dist.] Dec. 13, 2007)(Hanks)
(indemnity, reformation remedy)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by
Justice Hanks
Before Justices Taft, Hanks and Higley
01-06-00700-CV Reece-Albert, Inc. v. Contractor's Service Company, Contractor's Service, Ltd., and
Contractor's Service, Ltd. f/k/a Contractor's Service Company
Appeal from 133rd District Court of Harris County (Hon. Lamar McCorkle)

Anglo-Dutch Petro Int. Inc. v. Smith (Tex.App.- Houston [14th Dist.] Nov. 20, 2007)(Edelman)(breach
of contract, BoFD, fraud, exemplary damages, economic loss rule, double recovery)
AFFIRMED AS MODIFIED: Opinion by Justice Edelman
Before Chief Justice Hedges, Justices Fowler and Edelman
14-06-00580-CV Anglo-Dutch Petroleum International, Inc., Anglo-Dutch (Tenge) LLC, and Scott Van
Dyke v. Forest Hunter Smith
Appeal from 133rd District Court of Harris County (Hon. Lamar McCorkle)

In re Jackson (Tex.App.- Houston [1st Dist.] Nov. 1, 2007)(Radack)(mandamus against clerk moot,
clerk's record since filed)
DISMISS PETITION FOR WRIT OF MANDAMUS: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Alcala and Bland
01-07-00816-CV In re Donald C. Jackson
Appeal from 133rd District Court of Harris County (Hon. Lamar McCorkle)

Carpenter v. Exelon Corp. (Tex.App.- Houston [14th Dist.] Oct. 26, 2007)(Edelman)(special
appearance)
AFFIRMED: Opinion by Justice Edelman
Before Justices Edelman, Frost and Seymore)
14-07-00149-CV Timothy J. Carpenter, Mervin G. Schaefer, James P. Maloney, Oldcosy Corporation,
Henry Jackson, David Reindi, Henry C. Hess, David Falldorf, and Jane P. Koth v. Exelon Corporation
and Exelon Enterprises Company, L.L.C
Appeal from 133rd District Court of Harris County (Hon. Putnam Reiter)

In re Rapid Stettlements, Ltd. (Tex.App.- Houston [14th Dist.] Oct. 16, 2007)(per curiam)
(arbitration mandamus denied)
MOTION OR WRIT DENIED: Per Curiam
Before Chief Justice Hedges, Justices Brock Yates and Seymore
14-07-00552-CV In Re: Rapid Settlements, Ltd.
Appeal from 133rd District Court of Harris County (Hon. Lamar McCorkle)

Pelican State Physical Therapy, LP v. Bratton (Tex.App.- Houston [1st Dist.] Sep. 27, 2007)
(superseding opinion by Taft) (special appearance, appellate sanctions denied)
AFFIRM TC JUDGMENT: Opinion by Justice Taft
Before Justices Taft, Alcala and Hanks
01-06-00199-CV Pelican State Physical Therapy, L.P. v. Marc Bratton
Appeal from 133rd District Court of Harris County (Hon. Lamar McCorkle, District Judge)

August 31, 2007 Opinion withdrawn and superseded by Pelican State Physical Therapy, LP v. Bratton
(Tex.App.- Houston [1st Dist.] Sep. 27, 2007)(Taft)
Pelican State Physical Therapy v. Bratton (Tex.App.- [1st Dist.] Aug. 30, 2007)(withdrawn and
superseded opinion by Taft)(personal jurisdiction, special appearance, appellate sanctions denied,
findings of facts)
AFFIRM TC JUDGMENT: Opinion by Justice Taft
Before Justices Taft, Alcala and Hanks
01-06-00199-CV Pelican State Physical Therapy, L.P. v. Marc Bratton
Appeal from 133rd District Court of Harris County (Hon. Lamar McCorkle)

In Re Rapid Settlements (n Re Rapid Settlements, Ltd. (Tex.App.- Houston [14th Dist.] Apr. 12, 2007)
(per curiam)
[mandamus, arbitration, temporary injunction enjoining arbitration]
MOTION OR WRIT DENIED: Per Curiam
Before Justices Anderson, Hudson and Guzman
14-06-00758-CV        In Re Rapid Settlements Ltd.-
Appeal from 133rd District Court of Harris County (Judge Lamar McCorkle)   

BACM-2001 San Felipe Road  LP v. Trafalgar Holdings I Ltd (Tex.App.- Houston [14th Dist.] Jan. 11,
2007)(Opinion by Justice Guzman)
[commercial loan, breach of contract, statute of fraud)
REVERSED AND RENDERED: Opinion by Justice Guzman
(Before Justices Anderson, Hudson and Guzman)
14-05-00476-CV        BACM-2001 San Felipe Road Limited Partnership Et Al v. Trafalgar Holdings I
Ltd Et Al--Appeal from 133rd District Court of Harris County (Judge Lamar McCorkle)    


.
Hon. Lamar McCorkle
[Former] Judge of the 133rd District Court in Harris County
HOUSTON OPINIONS
Houston Opinions
Harris County Civil Courts and
Judges (Non-family)
Harris County Civil Courthouse - Houston TX 77002
For contact Information including telephone numbers and address for this court and judge,
go to ---> official web page for the 133rd District Court of Harris County (Judge McFarland)   

2008 General Election Contest for the 133rd District Court Bench:
Democrat McFarland Defeats Republican Incumbent Lamar McCorkle
Republican Incumbent Lamar McCorkle
loses to Democratic opponent in contest for this bench
in 2008 elections: Jaclanel McFarland

THE HOUSTON CHRONICLE HAD ENDORSED DEMOCRAT McFARLAND ("Jaclanel McFarland for
133rd Judicial District: McFarland has practiced law in Houston for more than three decades. A
Democrat, she promises to keep politics out of her rulings.")
THE INCUMBENT IN HIS OWN WORDS
 THE CHALLENGER IN HER OWN WORDS
Lamar McCorkle, Republican
Elected judge in 1986. Former civil attorney.
Attorney for Appeals Court Chief Justice.
Certified: Civil Jurisprudence. Past Chairman,
Texas Center for Legal Ethics &
Professionalism.
Dean, Texas College for Judicial Studies.
Appointed by Texas Supreme Court to address
court efficiency; ethics; technology. Recipient of
numerous honors for improving courts.
www.judgelamarmccorkle.com
 Jaclanel Moore McFarland, Democrat
I received my undergraduate and law degrees
from Baylor University. I did graduate work at the
University of Oxford. For 31 years I have been an
accomplished litigator, a successful mediator,
and have taught law courses on the collegiate
level in Harris County. I am a former Baylor
University Regent.
WHEN SHOULD A JUDGE RECUSE?
 WHEN SHOULD A JUDGE RECUSE?
Our legal system is founded on the premise
that fair, independent and competent judges will
interpret and apply the laws that govern us.
Judges should recuse themselves in any
proceeding in which their impartiality might
reasonably be questioned or under
circumstances creating even the appearance of
impropriety undermining the rule of law and the
public’s confidence in our judicial system.
 She should recuse herself in any proceeding in
which her impartiality might reasonably be
questioned by the public or when there is a
possible bias or prejudice concerning the subject
matter or a party, or personal knowledge of
disputed evidentiary fact concerning the
proceeding
Source: LWV Voters Guide: Question to candidate
 Source: League of Women Voters Guide: Candidate Q&A
More on the incumbent from the Harris County
GOP judicial re-election campaign web site:
Keep our Judges dot com
 More on this candidate form the Harris County
Democratice Party judicial elections campaign web
site: Judges for All dot com
2008 ELECTION OUTCOME: REP Lamar McCorkle 535,710 Votes: 48.80%
DEM Jaclanel McFarland 561,954 Votes: 51.20%
Hon. Lamar McCorkle [Former] Judge of the
133rd District Court in Harris County, Texas
Appeals from this Court

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)
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