RECENT APPEALS FROM CASES IN JUDGE RAY'S COURT Santex Builders, LLC v. Guefen Construction, LLC (pdf)(Tex.App.- Houston [14th Dist.] Dec. 15, 2009) (Boyce)(default judgment set aside, defective service of citation) Santex Builders, LLC (“Santex”) and Curtis R. Medlin appeal the trial court’s final default judgment in favor of Guefen Construction, LLC (“Guefen”) and the trial court’s order denying their motion to set aside default judgment and alternative motion for new trial. Because we conclude service of process was defective, we reverse and remand. REVERSED AND REMANDED: Opinion by Justice Boyce Before Justices Anderson, Seymore and Boyce 14-08-00840-CV Santex Builders, LLC and Curtis R. Medlin v. Guefen Construction, LLC Appeal from 165th District Court of Harris County Trial Court Judge: Hon. Elizabeth Ray Mensa-Wilmot v. Smith International, Inc. (Tex.App.- Houston [1st Dist.] Nov. 19, 2009)(Alcala) (breach of contract, option contract, untimely amendment of pleadings prior to summary judgment hearing, finality) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Alcala Before Justices Keyes, Alcala and Hanks 01-08-00481-CV Graham Mensa-Wilmot v. Smith International, Inc. Appeal from 165th District Court of Harris County Trial Court Judge: Hon. Elizabeth Ray Goffney v. HISD (Tex.App.- Houston [1st Dist.] Jul. 30, 2009)(Hanks) (delinquent property tax suit, standing to appeal, preservation of error re: constitutional challenge, due process challenge, inadequate briefing results in waiver of argument on appeal) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Keyes, Hanks and Bland 01-08-00063-CV Willie H. Goffney and Gladys R. Goffney v. Houston Independent School District Appeal from 165th District Court of Harris County Trial Court Judge: Hon. Elizabeth Ray In re Credit Suisse First Boston Mortgage Capital LLC (Tex.App- Houston [14th Dist.] Dec. 18, 2008) (Hedges)(Tex.App- Houston [14th Dist.] Dec. 18, 2008)(Hedges)(arbitration mandamus denied) (arbitration, nonsignatories, jury waiver, nonsignatories, agency theory, choice of law preemption, forum preemption)(Because the right to a jury trial implicates constitutional guarantees, we will not lightly infer or extend a contractual jury waiver absent proof that the parties intended it to include claims against nonsignatories. MOTION OR WRIT DENIED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Hudson and Boyce 14-08-00819-CV In Re: Credit Suisse First Boston Mortgage Capital, L.L.C. and Credit Suisse First Boston, L.L.C.--Appeal from 165th District Court of Harris County Trial Court Judge: Elizabeth Ray Tennessee Gas Pipeline Co. v. Technip USA Corp. (Tex. App.- Houston [1st Dist.] Aug. 21, 2008) (Higley) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER JUDGMENT: Opinion by Justice Higley Before Justices Vance, Hanks and Higley 01-06-00535-CV Tennessee Gas Pipeline Company v. Technip USA Corporation and Technip Appeal from 165th District Court of Harris County Trial Court Judge: Hon. Elizabeth Ray In Re Lawson (Tex.App.- Houston [14th Dist.] July 31, 2008)(Fowler) (arbitration mandamus granted) MOTION OR WRIT GRANTED: Opinion by Justice Fowler Before Justices Fowler, Frost and Seymore 14-07-00429-CV In Re: Donald Lawson, Individually and d/b/a V.I.P. Home Inspections and Mark Guillerman Appeal from 165th District Court of Harris County Trial Court Judge: Elizabeth Ray INTERLOCUTORY APPEAL in same case DISMISSED: Opinion by Justice Fowler Before Justices Fowler, Frost and Seymore 14-07-00324-CV Donald Lawson, Individually and d/b/a V.I.P. Home Inspections and Mark Guillerman v. Larry Archer and Wife Susan Archer--Appeal from 165th District Court of Harris County Trull v. Service Casualty Ins. Co. (Tex.App.- Houston [14th Dist.] July 22, 2008)(Brown) (auto-PI accident, negligence, negligent entrustment, accident with car being purchased) AFFIRMED: Opinion by Justice Jeffrey Brown Before Justices Brock Yates, Anderson and Brown 14-07-00314-CV Robert D. Trull & Jackie Trull v. Service Casualty Insurance Company and Service Lloyds Insurance Company Appeal from 165th District Court of Harris County Trial Court Judge: Judge Elizabeth Ray In re General Agents Ins. Co. (Tex.App.- Houston [14th Dist.] May 15, 2008)(Substitute opinion by Hedges) (severance, mandamus granted, TRCP 41, motion to abate) MOTION OR WRIT GRANTED: Opinion by Chief Justice Hedges 14-07-00771-CV In Re: General Agents Insurance Company of America Appeal from 165th District Court of Harris County Trial Court Judge: Elizabeth Ray Tanguy v. Laux (Tex.App.- Houston [1st Dist.] Apr. 3, 2008)(Alcala)(temporary injunction, UFTA) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Keyes and Alcala 01-07-00765-CV Phillipe Tanguy v. David Laux Appeal from 165th District Court of Harris County Trial Court Judge: Hon. Elizabeth Ray Aspen Technology, Inc. v. Shasha (Tex.App.- Houston [1st Dist.] Mar. 27, 2008)(Frost) (interlocutory appeals dismissed, arbitration mandamus granted) DISMISSED: Opinion by Justice Frost 14-07-00303-CV Aspen Technology, Inc. v. Abe Shasha Appeal from 165th District Court of Harris County Trial Court Judge: Hon. Elizabeth Ray In re Aspen Technology, Inc. (Tex.App.- Houston [1st Dist.] Mar. 27, 2008)(Frost) (arbitration mandamus granted) MOTION OR WRIT GRANTED: Opinion by Justice Frost 14-07-00469-CV In Re Aspen Technology, Inc. Appeal from 165th District Court of Harris County Trial Court Judge: Hon. Elizabeth Ray Graybar Electric Co., Inc. v. Lem & Associates, LLC (Tex.App.- Houston [14th Dist.] Mar. 6, 2008) (Frost) (commercial law, breach of contract, counterclaim, attorney's fees) REVERSED AND REMANDED: Opinion by Justice Frost Before Justices Anderson, Frost and Mirabal 14-06-00714-CV Graybar Electric Co., Inc. v. Lem & Associates, L.L.C Appeal from 165th District Court of Harris County (Judge Elizabeth Ray) Concurring and Dissenting Opinion by Justice Mirabal in Graybar In re Shoreline Partners LLC (Tex.App.- Houston [1st Dist.] Fab. 28. 2008)(Keyes) (plenary jurisdiction, reinstatement order void) GRANT PETITION FOR WRIT OF MANDAMUS: Before Justices Taft, Keyes and Alcala 01-08-00013-CV In re Shoreline Partners, LLC, Prenits B. Tomlinson, Jr., Individually and Thomas E. Hardisty, Individually--Appeal from 165th District Court of Harris County (Judge Elizabeth Ray) City of Houston v. Hildebrandt (Tex.App.- Houston [1st Dist.] Feb. 28, 2008)(Hanks) (firefighter litigation, UDJA, declaratory judgment, statutory penalty) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Nuchia, Hanks and Higley 01-06-00936-CV City of Houston v. Alan Hildebrandt Appeal from 165th District Court of Harris County (Judge Elizabeth Ray) In Re Horizon Wirless (Tex.App.- Houston [14th Dist.] Feb. 19, 2008) (per curiam denial of discovery mandamus) MOTION OR WRIT DENIED: Per Curiam Before Justices Fowler, Frost and Seymore 14-08-00070-CV In Re Horizon Wireless and Shabih "Alex" Aslam Appeal from 165th District Court of Harris County (Judge Elizabeth Ray) ("Relators ask this court to compel the Honorable Elizabeth Ray, presiding judge of the 165th District Court of Harris County, to rule on their motion to compel, and direct real parties in interest to respond to discovery.") Tennessee Gas Pipeline Co. v. Technip USA Corp. (Tex.App.- Houston [1st Dist.] Dec. 20, 2007) (Higley) (breach of contract, counterclaim) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER JUDGMENT: Opinion by Justice Higley Before Justices Taft, Hanks and Higley 01-06-00535-CV Tennessee Gas Pipeline Company v. Technip USA Corporation and Technip Appeal from 165th District Court of Harris County (Honorable Elizabeth Ray) Midland Funding NCC-2 Corp. v. Azubogu (Tex.App.- Houston [1st Dist.] Dec. 13, 2007)(Radack) (DWOP is without prejudice, sanctions complaint not preserved for appellate review) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Bland 01-06-00801-CV Midland Funding NCC-2 Corp. v. Josiah Azubogu Appeal from 165th District Court of Harris County (Hon. Elizabeth Ray) Polk v. Kroger Co. (Tex.App.- Houston [1st Dist.] Oct. 25, 2007)(per curiam)(failure to file brief) DISMISS APPEAL: Per Curiam Before Justices Nuchia, Jennings and Keyes 01-07-00007-CV Linda Polk v. The Kroger Company Appeal from 165th District Court of Harris County (Hon. Elizabeth Ray) Markette v. X-ray X-Press (Tex.App. - Houston [14th Dist.] Oct. 18, 2007)(Yates)(Substitute opinion on rehearing)(special appearance, no personal jurisdiction) REVERSED AND RENDERED: Opinion by Justice Brock Yates Before Justices Brock Yates, Edelman and Seymore 14-07-00146-CV Robert P. Markette, Jr. and Gilliland & Caudill, L.L.P. v. X-Ray X-Press CorporationAppeal from 165th District Court of Harris County (Hon. Elizabeth Ray) Markette v. X-Ray (Tex.App.- Houston [14th Dist.] Aug. 30, 2007)(Yates)(first, superseded opinion) (special appearance sustained on appeal, no personal jurisdiction) REVERSED AND RENDERED: Opinion by Justice Brock Yates Before Justices Brock Yates, Edelman and Seymore 14-07-00146-CV Robert P. Markette, Jr. and Gilliland & Caudill, L.L.P v. X-Ray X-Press Corporation-- Appeal from 165th District Court of Harris County (Hon. Elizabeth Ray) Hill v. Consolidated Concepts (Tex.App.- Houston [14th Dist.] Aug. 31, 2006)(Fowler) (workplace safety, fall from roof, negligence, gross negligence, admission of evidence, collateral source doctrine, improper jury argument) AFFIRMED: Opinion by Justice Fowler Before Justices Hudson, Fowler and Frost) 14-05-00345-CV John Earnest Hill Jr.; John Anthony Hill, Matthew David Hill, and Gracie Love Hill, Minor Children by and through next friend John Earnest Hill. Jr.; and Christina Hill, Wife of John Earnest Hill, Jr., v. Consolidated Concepts Inc. Appeal from 165th District Court of Harris County (Judge Elizabeth Ray) Lone Star Heating Treating Co., Ltd. v. Liberty Mutual Fire Ins. Co. (Tex.App.- Houston [14th Dist.] Aug. 23, 2007)(Seymore)(insurance law, coverage dispute, exclusion, BoC, attorney's fees) REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by Justice Seymore Before Chief Justice Hedges, Justices Brock Yates and Seymore 14-06-00028-CV Lone Star Heating Treating Co., LTD v. Liberty Mutual Fire Insurance Company Appeal from 165th District Court of Harris County (Hon. Elizabeth Ray) Harris County v. Gerber (Tex.App.- Houston [14th Dist.] Jul. 10, 2007)(Hudson)(TTCA, premises defect) REVERSED AND DISMISSED: Opinion by Justice Hudson Before Chief Justice Hedges, Justices Hudson and Guzman 14-06-01096-CV Harris County v. Hollie Gerber Appeal from 165th District Court of Harris County (Judge Elizabeth Ray) City of Houston v. Swinerton Builders, Inc (Tex.App.- Houston [1st Dist.] Jun. 21, 2007)(Alcala) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Jennings and Alcala 01-06-00870-CV The City of Houston v. Swinerton Builders, Inc. Appeal from 165th District Court of Harris County (Hon. Elizabeth Ray) GE Capital Corp. v. ICO, Inc. (Tex.App.- Houston [14th Dist.] Jun. 12, 2007)(Fowler) [garnishment wages, findings of fact and conclusions of law, FoF & CoL, attorney's fees] AFFIRMED IN PART/REVERSED AND RENDERED: Opinion by Justice Fowler Before Justices Fowler, Edelman and Frost 14-05-01095-CV General Electric Capital Corporation and Morris Tabak v. ICO, Inc., Timothy J. Gollin and Weycer Kaplan Pulanski & Ziber P.C. Appeal from 165th District Court of Harris County (Judge Elizabeth Ray) Concurring Opinion by Justice Frost Before Justices Fowler, Edelman and Frost 14-05-01095-CV General Electric Capital Corporation and Morris Tabak v. ICO, Inc., Timothy J. Gollin and Weycer Kaplan Pulanski & Ziber P.C. Appeal from 165th District Court of Harris County (Hon. Elizabeth Ray) Mark McCoy v. Rogers (Tex.App.- Houston [1st Dist.] May 31, 2007)(Radack) [real estate transaction law, suit to set aside constable sale deed, notice issue] AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Keyes and Higley 01-06-00240-CV Mark McCoy v. Renee Rogers and Timothy Rogers Appeal from 165th District Court of Harris County (Hon. Elizabeth Ray) In Re General Agents Ins. Co. of America, Inc. (Tex.App.- Houston [14th Dist.] May 15, 2007)(Hedges) (discovery mandamus) GRANTED IN PART AND DENIED IN PART: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Seymore 14-06-00930-CV In Re: General Agents Insurance Company of America, Inc. Appeal from 165th District Court of Harris County (Judge Elizabeth Ray) Cerbone v. Farb (Tex.App.- Houston [14th Dist.] May 8, 2007)(Seymore)(special appearance) REVERSED AND RENDERED: Opinion by Justice Seymore Before Justices Brock Yates, Seymore and Guzman 14-06-00666-CV Joseph A. Cerbone v. Carolyn Farb Appeal from 165th District Court of Harris County (Judge Elizabeth Ray) Approx. $13,0022.99 v. State of Texas (Tex.App.- Houston [14th Dist.] Feb. 1, 2007)(per curiam dismissal)(restricted appeal, untimely restricted appeal, DWOJ) DISMISSED: Per Curiam (Before Justices Frost, Seymore and Guzman) 14-06-01050-CV Approximately $13,022.99 v. The State of Texas Appeal from 165th District Court of Harris County (Judge Elizabeth Ray) |
| Hon. Elizabeth Ray [Former] Judge of the 165th District Court in Harris County, Texas Houston Opinions |
| Houston Courts and Cases Harris County Civil Courts and Judges (Non-family) |
2008 Judicial Election Winner --> Houston Opinions web page for successor Hon. Josefina Rendon
For info on new judge and court contact info
go to --> Official 165th Judicial District Court Web Page (Hon. Josefina Rendon)
Also see --> Judge Elizabeth Ray's biographical information and court policies and procedures
2008 campaigns and elections: 165th District Court Race:
Republican Incumbent Elizabeth Ray (click for candidate website) loses bench by narrow
margin to Democratic Opponent Josefina Muniz Rendon (link to campaign web site)
For info on new judge and court contact info
go to --> Official 165th Judicial District Court Web Page (Hon. Josefina Rendon)
Also see --> Judge Elizabeth Ray's biographical information and court policies and procedures
2008 campaigns and elections: 165th District Court Race:
Republican Incumbent Elizabeth Ray (click for candidate website) loses bench by narrow
margin to Democratic Opponent Josefina Muniz Rendon (link to campaign web site)
|
WHY RAY?
She knows the law. She
knows how the court
system works.
She knows the job and
what it requires.
And that’s why she’s the
one judge you want trying
your case. (Campaign site))
She knows the law. She
knows how the court
system works.
She knows the job and
what it requires.
And that’s why she’s the
one judge you want trying
your case. (Campaign site))
2008 ELECTION OUTCOME: REP Elizabeth Ray 549,921 Votes: 49.98%
DEM Josefina Muniz Rendon 550,296 Votes: 50.02% See all Harris County Election Results
DEM Josefina Muniz Rendon 550,296 Votes: 50.02% See all Harris County Election Results
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