Opinions by other justices of the First Court of Appeals, sitting in Houston, Texas Chief Justice Sherry Radack Justice Tim Taft Justice Sam Nuchia Justice Terry Jennings Justice Evelyn Keyes Justice Elsa Alcala Justice George C. Hanks, Jr. Justice Laura Carter Higley Justice Jane Bland |
JUDGE PROFILE - Justice Jane Nenninger Bland previously served as presiding judge of the 281st District Court in Harris County, a bench now held by Judge David Bernal. Judge Bland was appointed by the Governor to fill a vacancy on the First Court of Appeals created by the promotion of Justice Adele Hedges to Chief Justice of the Fourteenth Court of Appeals. Hedges was appointed to that position following Chief Justice Brister's elevation to the Texas Supreme Court. Justice Bland won voter approval in the 2006 general election. Prior to becoming a judge, Attorney Jane Nenninger Bland worked for Baker Botts LLC in civil litigation and appeals. In Fiscal Year 2006, Justice Bland wrote 76 signed opinions, 47 per curiam opinions, and no dissenting or concurring opinions (but broke with that pattern in September 2007 in a family law case). In addition to participating in panel conferences and authoring panel opinions on the First Court of Appeals, Justice Bland also wrote one Texas Supreme Court opinion in 2006, in a case in which she took the place of a recused member of that court. Find more info on Houston courts at the Houston-Opinions Home Page |
| 2008-07 Opinions by Houston Appeals Court Justice Jane N. Bland |
2008 Opinions Authored by Justice Bland in Civil Appeals Also see ---> 2009 Opinions by Houston Court of Appeals Judge Jane Bland Beard v. Endeavor Natural Gas, LP (Tex.App.- Houston [1st Dist.] Dec. 19, 2008)(Bland)(oil and gas law, royalties, declaratory judgment, attorney's fees) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland) 01-08-00180-CV Joseph Mitchell Beard v. Endeavor Natural Gas, L.P., and Tepee Petroleum Company Appeal from 113th District Court of Harris County Trial Court Judge: Hon. Patricia Hancock TransAmerica Occidental Life Ins. Co. v. Rapid Settlements (Tex.App.- Houston [1st Dist.] Dec. 18, 2008)(Bland) (arbitration, no agreement to arbitrate, nonsignatories)(substitute opinion on motion for rehearing) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-07-00137-CV TransAmerica Occidental Life Insurance Company and TransAmerica Annuity Service Corporation v. Rapid Settlements Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: Hon. Jack Cagle James v. METRO (Tex.App.- Houston [1st Dist.] Dec. 11, 2008)(Bland) (untimely notice of appeal, no appellate jurisdiction, appeal dismissed DWOJ) DISMISS APPEAL: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-08-00440-CV David James v. Metropolitan Transit Authority Appeal from 281st District Court of Harris County Trial Court Judge: Hon. David J. Bernal Berkefelt v. Jackson (Tex.App.- Houston [1st Dist.] Oct. 9, 2008)(Bland) (SAPCR default judgment set aside, defective service under Rule 106 Order for substitute service) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland) 01-07-00526-CV Randall Earl Berkefelt v. Diane Lynne Jackson Appeal from 300th District Court of Brazoria County Trial Court Judge: Hon. K. Randal Hufstetler Farragut Financial, et al. v. Capital One Auto (Tex.App.- Houston [1st Dist.] Sep. 25, 2008)(Bland) (auto financing, no contract formation, no meeting of the minds on terms, missing essential terms) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Taft, Jennings and Bland 01-07-00497-CV Farragut Financial, et al v. Capital One Auto, et al Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: Hon. Jack Cagle State of Texas v. Clear Channel Outdoor (Tex.App.- Houston [1st Dist.] Sep. 11, 2008)(Bland) (inverse condemnation, state's plea to the jurisdiction overruled) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Taft, Jennings and Bland 01-07-00353-CV The State of Texas v. Clear Channel Outdoor, Inc. Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: Hon. Jack Cagle Garrett v. Harris County Hospital District (Tex.App.- Houston [1st Dist.] Aug. 14, 2008)(Bland) (TTCA, HCLC, discovery rule does not apply to notice requirement under Texas Tort Claims Act) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Taft, Jennings and Bland 01-07-00836-CV Autrey Garrett, Individually and as next Friend of Jasmine, Devin and Shanae Garrett, Minor Children v. Harris County Hospital District Appeal from 152nd District Court of Harris County Trial Court Judge: Hon. Kenneth P. Wise Benefield v. State of Texas (Tex.App.- Houston [1st Dist.] Aug. 14, 2008)(Bland) (quo warranto proceeding, receivership, interlocutory appeal, orders granting a temporary injunction and order appointing receiver reversed) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Bland Before Justices Taft, Jennings and Bland 01-07-00970-CV Nancy Benefield, Nancy S. McNulty, Naomi Morales, Robert Seton, Ruthie Parker, Susan Berkley, Gloria Reeves, Shirley Buelow and Angela Breedlove v. The State of Texas on Relation of the Alvin community Health Endeavor, Inc. and Brazoria County, Texas Appeal from 239th District Court of Brazoria County Barton v. Whataburger, Inc. (Tex.App.- Houston [1st Dist.] July 31, 2008) (Bland) (workplace safety, murder not forseeable, no employer liability) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Alcala and Bland 01-06-01121-CV Rose Barton, Individually and as Personal Representative of the Estate of Christopher Martin Dean v. Whataburger, Inc. Appeal from 157th District Court of Harris County Trial Court Judge: Hon. Ronald [Randall] L. Wilson Messina v. Messina (Tex.App- Houston [1st Dist.] July 24, 2008)(Bland) (divorce post-judgment proceeding, undisclosed assets, MSA, sanctions, dismissal with prejudice following nonsuit) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-07-00277-CV Susan Gail Messina v. Louis Anthony Messina Appeal from 308th District Court of Harris County Trial Court Judge: Hon. Georgia Dempster Evans v. TDCJ-ID (Tex.App.- Houston [1st Dist.] June 26, 2008)(Bland) (PI sovereign immunity) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Taft, Jennings and Bland 01-07-00847-CV Michael Anthony Evans v. Texas Department of Criminal Justice-Institutional Division Appeal from 405th District Court of Galveston County Trial Court Judge: Hon. Wayne J. Mallia Alpert v. Riley (Tex.App.- Houston [1st Dist.] June 5, 2008)(Bland) (probate law, trust administration dispute) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-06-00605-CV Roman Alpert and Renee Picazo, Guardian of the Estate of Daniel Alpert, a Minor v. Mark Riley, Robert Alpert Appeal from Probate Court No 2 of Harris County Trial Court Judge: Hon. Mike Wood Second Appeal in same case: DISMISS APPEAL: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-06-00505-CV Robert Alpert & Beneficiaries, Roman Alpert and Renee Picazo, Guardian of the Estate of Daniel J. Alpert v. Mark Riley, Trustee Appeal from Probate Court No 2 of Harris County Eikenhorst MD v. Wellbrock (Tex.App.- Houston [1st Dist.] June 5, 2008)(Bland) (HCLC, expert report)(denial of motion to dismiss affirmed) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-07-00459-CV Ronald R. Eikenhorst, M.D. and Trinity Community Medical Center v. Leonard M. Wellbrock and Mary Wellbrock Appeal from 335th District Court of Washington County Trial Court Judge: Hon. Reva L. Towslee Corbett Zimmerman, MD v. Anaya (Tex.App.- Houston [1st Dist.] June 5, 2008)(Bland) (HCLC, interlocutory appeal not authorized, dismissed for want of appellate jurisdiction) DISMISS APPEAL: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-07-00570-CV Geoffrey Zimmerman, M.D. v. Wendy Gonzalez Anaya, Individually and a/n/f of Christopher Gabriel Hernandez, Deceased, and Jose Hernandez, Individually Appeal from 113th District Court of Harris County Trial Court Judge: Hon. Patricia Hancock Economic Air, S.A. de C. V. v. Jacobs (Tex.App.- Houston [1st Dist.] June 5, 2008)(Bland) (joint motion to dismiss) DISMISS APPEAL: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-07-00905-CV Economic Air, S.A. de C.V. v. Anita Hall Jacobs Appeal from 311th District Court of Harris County Trial Court Judge: Hon. Doug Warne Halabu v. Petroleum Wholesale, LP (Tex.App.- Houston [1st Dist.] May 22, 2008)(Bland) (special appearance, forum selection clause enforced) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-07-00614-CV Shamil Halabu v. Petroleum Wholesale, L.P. Appeal from 151st District Court of Harris County Trial Court Judge: Hon. Caroline E. Baker Attorneys: Sean S. Modjarrad Roger G. Jain Patty A. Morris | Stuart W. Lapp Daniel Prescott McManus San Jacinto Methodist Hospital v. Carr (Tex.App. - Houston [1st Dist.] May 22, 2008)(Bland) (HCLC, med-mal, medical malpractice suit, expert report, motion to dismiss HCLC properly denied) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-07-00655-CV San Jacinto Methodist Hospital v. Guy Patrick Carr and Terri Carr Appeal from 269th District Court of Harris County Trial Court Judge: Hon. John Thomas Wooldridge Attorneys: Iain Gordon Simpson, Oscar Luis De La Rosa | Attorney Craig Lewis Briggs v. Briggs (Tex.App.- Houston [1st Dist.] Apr. 19, 2008)(Bland) (declaratory judgment, dispute over the designation of a beneficiary for the proceeds of a 401k plan) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-07-00580-CV Susana A. Briggs, Godson S. Briggs and Moseba Briggs v. Latarsha N. Briggs Appeal from 80th District Court of Harris County Trial Court Judge: Hon. Lynn Bradshaw-Hull Pride International, Inc. v. Bragg (Tex.App.- Houston [1st Dist.] Apr. 3, 2008)(Bland) (employment law, severance pay dispute) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-07-00188-CV Pride International, Inc. v. Paul A. Bragg Appeal from 295th District Court of Harris County Trial Court Judge: Hon. Tracy Christopher Schmidt v. Bell (Tex.App.- Houston [1st Dist.] Apr. 3, 2008)(Bland) (motion for continuance denied, MSJ) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-06-00161-CV Keith W. Schmidt v. Patsy Bell, V.P., et al. Appeal from Co Civil Ct at Law No 4 of Harris County Trial Court Judge: Hon. Roberta A. Lloyd Lichtenburg v. Conmed Corp. (Tex.App.- Houston [1st Dist.] Mar. 6, 2008)(Bland) (HCLC, medical liability, breast reduction surgery, expert testimony) AFFIRM TC JUDGMENT: Opinion by Justice Bland 01-07-00230-CV Phyllis Litchenburg, and Jack Litchenburg v. Conmed Corporation (a/k/a ConMed Aspen Labs) Appeal from 80th District Court of Harris County Trial Court Judge: Hon. Lynn Bradshaw-Hull Texas Mutual Ins. Co. v. Havard (Tex. App.- Houston [1st Dist.] Mar. 6, 2008)(Bland) (workers comp, compensability, intoxication claim, sanctions, failure to impose sanctions not error) AFFIRM TC JUDGMENT: Opinion by Justice Bland 01-07-00268-CV Texas Mutual Insurance Company v. Richard Havard Appeal from 21st District Court of Washington County Trial court judge: Hon. Reva L. Towslee Corbett Alexander v. Malek (Tex.App.- Houston [1st Dist.] Mar. 6, 2008)(Bland) (pro se suit against opposing counsel, misrepresentation) AFFIRM TC JUDGMENT: Opinion by Justice Bland 01-06-01156-CV Myrtis Alexander v. Louise Benjamin Malek Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: Hon. Gary Michael Block Daniels v. State (Tex.App.- Houston [1st Dist.] Feb. 21, 2008)(Bland) (forfeiture, intervention, finality of order, interlocutory order, DWOJ) DISMISS APPEAL: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-07-00120-CV Leiroi M. Daniels, Owner of the 2000 Mercedes Automobile VIN #WDBNG75J4YA39643 v. The State of Texas Appeal from 157th District Court of Harris County (Hon. Ronald L. Wilson) American Heritage, Inc. v. Nevada Gold & Casionos, Inc. (Tex.App.- Houston [1st Dist.] Feb. 7 2008)(Bland) (standing, alter ego theory) MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Bland Before Chief Justice Radack, Justices Alcala and Bland 01-07-00057-CV American Heritage, Inc., d/b/a The Gillmann Group v. Nevada Gold & Casinos, Inc. Appeal from 234th District Court of Harris County (Hon. Reece Rondon) Thomas v. Centerpoint Energy, Inc. (Tex.App.- Houston [1st Dist.] Feb. 7, 2008)(Bland) (animal law, car - horse collision, proof of negligence, causation, evidence) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-07-00318-CV Lillian Thomas, John Ellard and Chris Ortiz v. Centerpoint Energy, Inc., and Centerpoint Energy Houston Electric, LLC Appeal from 412th Judicial District Court of Brazoria County (Judge W. Edwin Denman) 2007 Opinions in Civil Appeals Written by Justice Jane Bland Villegas v. Harris County (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Bland) (termination of public employment, Title VII, Section 1983 due process denial) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Alcala and Bland 01-07-00031-CV David Villegas v. Harris County and Ron Hickman, Harris County Constable, Precinct 4 Appeal from 80th District Court of Harris County (Judge Kent Sullivan) Anaheim Industries, Inc. v. GM Corp (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Bland)(commercial law, UCC, breach of contract, breach of contract, extra-contractual claims, estoppel, misrepresentation) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Alcala and Bland 01-06-00440-CV Anaheim Industries, Inc., Frank Gilchrist, Inc., d/b/a Texas Stagecoach of Houston v. General Motors Corporation Appeal from 55th District Court of Harris County (Judge Jeff Brown) Bradley v. Peters (Tex.App.- Houston [1st Dist.] Dec. 6, 2007)(Bland)(real estate law, easement, appellate jurisdiction, timeliness of notice of appeal, NoA, deadline extension) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Alcala and Bland 01-07-00081-CV Paul D. Bradley v. Milton Peters, Rodney Rice and Laura Rice Appeal from 21st District Court of Washington County (Hon. Terrill L. Flenniken) Chapman v. Abbot (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(Bland)(divorce, life insurance beneficiary) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Alcala and Bland 01-06-00940-CV Patsy Chapman v. Rachel K. Abbot, Treva J. Burks, Rebecca A. Sheehan Appeal from 280th District Court of Harris County (Hon. Tony Lindsay) In Interest of J.A.G. (Tex.App.- Houston [1st Dist.] Oct. 11, 2007)(Bland)(juvenile sex crime) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Alcala and Bland 01-06-00717-CV In the Interest of J.A.G, Jr. v. The State of Texas Appeal from County Court at Law of Waller County (Judge June Jackson) Whitmire v. Greenridge Place Apartments (Tex.App.- Houston [1st Dist.] Oct. 4, 2007)(Bland) (lease law, forcible detainer) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Alcala and Bland 01-06-00963-CV Michael Whitmire v. Greenridge Place Apartments Appeal from Co Civil Ct at Law No 4 of Harris County (Hon. Roberta A. Lloyd) TDCJ v. Raymond (Tex.App.- Houston [1st Dist.] Oct. 4, 2007)(Bland)(TTCA, sovereign immunity, interlocutory appeal) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Alcala and Bland 01-06-00364-CV Texas Department of Criminal Justice v. Raymond Lockett Appeal from 23rd District Court of Brazoria County (Hon. Ben Hardin) Madison v. Williamson (Tex.App.- Houston [1st Dist.] Sep. 27, 2007)(Bland) (sexual assault liability, negligence, damages cap) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Alcala and Bland 01-05-00678-CV Saskia Madison, a/n/f of M.M., A Minor v. Waren Reid Williamson, et al. Appeal from 215th District Court of Harris County (Hon. Levi J. Benton, District Court Judge) Hon. Jane Bland writes rare dissent on behalf of mother denied all visitation by Harris County family court judge O'Connor v. O'Connor, (Tex.App.- Houston [1st Dist.] Sep. 20, 2007)(Dissenting Opinion on motion for rehearing by Justice Bland)(SAPCR, denial of all visitation) Before Justices Nuchia, Hanks and Bland 01-06-00445-CV Jamie R. O'Connor v. Daniel K. O'Connor Appeal from 310th District Court of Harris County (Hon. Lisa Millard, family district court judge) Justice Bland Grants Habeas Relief to Free Mother in Visitation Denial Case In re Kristin Parks, No. 01-07-00469-CV (Tex.App.- Houston [1st Dist.] Aug. 14, 2007)(Opinion by Justice Bland )(habeas corpus relief granted in family court contempt case)(Before Justices Taft, Hanks and Bland) Appeal from 308th District Court of Harris County (Hon. Georgia Dempster) Justice Bland overturns jury award to sick worker in asbestos case, holding expert evidence to prove causation was not sufficient Georgia-Pacific Corp. v. Stephens (Tex.App.- Houston [1st Dist.] Jul. 26, 2007)(Bland)(workplace injury, proof of causation, expert testimony, jury award reversed, take-nothing judgment rendered) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Bland (Before Justices Alcala, Hanks and Bland) 01-05-00132-CV Georgia-Pacific Corporation v. Fred Stephens and Betty Stephens Appeal from 23rd District Court of Brazoria County (Hon. Ben Hardin) Bloodworth, III v. Aden (Tex.App.- Houston [1st Dist] Jun. 28, 2007)(Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Nuchia, Hanks and Bland 01-05-00796-CV William Bloodworth, III v. Kristi Aden Appeal from 278th District Court of Walker County (Trial court judge: Hon. Kenneth Keeling) Franklin v. Robert C. Banks (Tex.App.- Houston [1st Dist] Jun. 28, 2007)(Bland)(breach of contract, warranty) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Nuchia, Hanks and Bland 01-06-00818-CV Cleveland Franklin v. Robert C. Banks Appeal from Co Civil Ct at Law No 4 of Harris County (Trial court judge: Honorable Roberta A. Lloyd) LMC Complete Automotive, Inc. v. Burke (Tex.App.- Houston [1st Dist.] Jun. 21, 2007)(Bland)(workplace safety, negligence, nonsubscriber, amount of supersedeas bond) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Nuchia, Hanks and Bland 01-06-00694-CV LMC Complete Automotive, Inc. v. Ronald Burke Appeal from 127th District Court of Harris County (Hon. Sharolyn P. Wood) Berger v. Howard R. King & Hill, Angel & King, L.L.P (Tex.App.- Houston [1st Dist.] Jun. 21, 2007)(Bland)(restricted appeal, malpractice, sanctions) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Nuchia, Hanks and Bland 01-06-00871-CV Larry Berger v. Howard R. King & Hill, Angel & King, L.L.P., and Sam Lee, II, et a Appeal from 23rd District Court of Brazoria County (Hon. Ben Hardin) Iglesia Hispana Nueva Vida Houston, Inc. v. Rosin (Tex.App.- Houston [1st Dist.] Jun. 7, 2007)(Bland) (no-evidence summary judgment, NE-MSJ, collateral estoppel) [summary judgment, collateral estoppel] AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-06-00048-CV Iglesia Hispana Nueva Vida Houston, Inc. v. Adolfo Rosin Appeal from 151st District Court of Harris County (Judge Hon. Caroline E. Baker) Edison v. Houston Police Department (HPD) (Tex.App.- Houston [1st Dist.] Jun. 7, 2007)(Bland)(pro se DWOP)(prisoner suit, pro se, DWOP, diligence in securing service of citation) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Nuchia, Hanks and Bland 01-06-00552-CV Cedric Christopher Edison v. Houston Police Department, et al Appeal from 157th District Court of Harris County (Judge Randy Wilson) Speck v. First Evangelical Lutheran Church of Houston (Tex.App.- Houston [1st Dist.] May 31, 2007)(Bland)(BoC, breach of contract, quantum meruit, sworn account) [breach of contract, quantum meruit, sworn account suit) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Bland Before Justices Nuchia, Hanks and Bland 01-06-00638-CV Pat K. Speck v. First Evangelical Lutheran Church of Houston, and Dry Bones Coffee House--Appeal from Co Civil Ct at Law No 2 of Harris County (Hon. Gary Michael Block) Beistel v. Allen (Tex.App.- Houston [1st Dist.] May 31, 2007)(Bland) [family law, child support, termination of wage withholding] REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Bland bBefore Chief Justice Radack, Justices Jennings and Bland 01-06-00246-CV Elizabeth Beistel v. Robert Theodore Allen, Jr. Appeal from 246th District Court of Harris County (Judge Jim York) Hickman v. Dudensing (Tex.App.- Houston [1st Dist.] May 24, 2007)(Bland)(DTPA, construction defect) [homeowner law, construction defect, DTPA, statute of limitations] AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-06-00458-CV David C. Hickman v. Royce Dudensing Appeal from 155th District Court of Austin County (Hon. Dan R. Beck) Atchison v. Spawnmaxwell Co, LP (Tex.App.- Houston [1st Dist.] May 24, 2007)(Bland) [breach of contract, defamation, summary judgment affirmed] AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Nuchia, Jennings and Bland 01-06-00488-CV Burl Atchison v. Spawmaxwell Company, L.P., Steve Keffeler and Fred Maxwell Appeal from 269th District Court of Harris County (Judge: The Honorable John T. Wooldridge) Justice Bland Grants Partial Relief Granted in Restricted Appeal of Paternity Judgment That Imposed $24,000 in Retroactive Child Support and Denied the Biological Father All Visitation Miles v. Peacock and OAG (Tex.App.- Houston [1st Dist.] Apr. 19, 2007)(Bland)(paternity, retroactive support, SAPCR, restricted appeal, limitations) Court reverses current child support, retroactive child support, and access elements of order because there was no evidence on father's income and other child support factors, and no evidence to support deviation from standard possession order, which is presumed to be in the child's best interest. In family law suits, including paternity suits, proof of facts is required for rendition of default judgment. Court also holds that bio dad could not rely on statute of limitations defense to defend paternity suit of child born during mother's marriage to another man because he had failed to plead it in the court below. Miller v. Raytheon Aircraft Co. (Tex.App.- Houston [1st Dist.] Apr. 19, 2007)(Bland) [employment law, wrongful termination claim] AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-05-00787-CV Eric Miller v. Raytheon Aircraft Company, Raytheon Travel Air, and Flight Options, L.L.C.--Appeal from 10th District Court of Galveston County (Judge David E. Garner) Aleman v. Ben E. Keith Co. (Tex.App.- Houston [1st Dist.] Apr. 5, 2007)(Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland (Before Chief Justice Radack, Justices Jennings and Bland) 01-06-00345-CV Miguel Aleman v. Ben E. Keith Company Appeal from 133rd District Court of Harris County Court Dismisses Appeal Because Judgment Was Not Final; Unadjudicated Claims Remained Pending in the Trial Court, and Had Not Been Abandoned Maryland Casualty Co. v. American Home Assurance Co. (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Bland)(finality of judgment, ILA DWOJ) Indian Beach Property Owners' Association, Inc. v. Mary C. Linden (Tex.App.- Houston [1st. Dist.] Mar. 22, 2007)(Justice Bland)(UDJA, declaratory judgment, deed restriction re: fence) Monroe v. Alternatives in Motion (Tex.App.- Houston [1st Dist.] Feb. 22, 2007)(Justice Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland (Before Chief Justice Radack, Justices Jennings and Bland) 01-05-01187-CV James Monroe, Jr., James Monroe, Sr., and Shana Monroe v. Alternatives in Motion--Appeal from 328th District Court of Fort Bend County Yuen v. Fleishman (Tex.App.- Houston [1st Dist.] Feb. 22, 2007)(Justice Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland (Before Chief Justice Radack, Justices Jennings and Bland) 01-06-00010-CV Xenos Yuen v. Fleishman & Fisher and Barry A. Fisher Appeal from 333rd District Court of Harris County Moser v. Junell (Tex.App.- Houston [1st Dist.] Feb. 1, 2007)(Justice Jane Bland) Fabio v. Ertel (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(Justice Bland) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Bland (Before Chief Justice Radack, Justices Alcala and Bland) 01-05-01106-CV Thea M. Fabio and Richard L. Merrill, Practicing Law Under the Firm Name of Fabio & Merrill v. Allen E. Ertel--Appeal from Co Civil Ct at Law No 4 of Harris County Moser v. Junell (Tex.App.- Houston [1st Dist.] Feb. 1, 2007)(Bland)(legal malpractice, limitations, equitable tolling) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Bland (Before Chief Justice Radack, Justices Alcala and Bland) 01-04-00078-CV Moser, Independent Administrator for Estate of Whitsett v. Junell, Jr. and Andrews & Kurth L.L.P.--Appeal from 151st District Court of Harris County Trial Court Judge: Hon. Caroline E. Baker McKnight v. Brown, Jr. (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(Concurrence by Bland) OPINION CONCURRING WITH THIS COURT'S JUDGMENT: Concurring Opinion by Justice Bland (Before Justices Taft, Higley and Bland) 01-05-00689-CV John Frank McKnight v. Marshall Davis Brown, Jr. Appeal from 133rd District Court of Harris County 2007 Separate Opinions by Justice Jane Bland Justice Bland wrote concurring opinion in McKnight v. Brown, Jr. (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(Concurrence by Justice Jane Bland) McKnight v. Brown, Jr. (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(majority opinion by Justice Higley) McKnight v. Brown, Jr. (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(Concurrence by Bland) OPINION CONCURRING WITH THIS COURT'S JUDGMENT: Concurring Opinion by Justice Bland (Before Justices Taft, Higley and Bland) 01-05-00689-CV John Frank McKnight v. Marshall Davis Brown, Jr. Appeal from 133rd District Court of Harris County |