Opinions by other justices of the First Court of Appeals, sitting in Houston, Texas Chief Justice Sherry Radack Justice Tim Taft (resigned 2009) Justice Sam Nuchia (former) Justice Jim Sharp (elected 2008) 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, on which she was succeeded by Judge David Bernal. The judge of this court is now Silvia Maththews. All three judges were appointed to unexpired terms by the Governor. 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 2008-09, Justice Bland wrote 74 signed opinions, 44 per curiam opinions, and one concurring opinion. Find more info on Houston courts at the Houston-Opinions Home Page |
| 2010 Civil Appellate Opinions by Houston Appeals Court Justice Jane N. Bland |
Recent Opinions in Civil Appeals by Justice Jane Bland Also see --> 2009 Civil Appellate Opinions by Justice Jane Bland | 2008 Bland Opinions Merry Homes, Inc. v. Luu (Tex.App.- Houston [1st Dist.] Feb. 18, 2010)(illegality as bar to enforcement of commercial lease, liquor regulation, zoning) In this commercial lease dispute, we determine whether a landlord may enforce a lease to operate a “nightclub or bar” and for “no other” purpose when the tenant cannot legally obtain a liquor license for the leased premises and the lease requires that any activity on the premises comply with applicable law.We hold that the trial court correctly determined that the lease was void because Luu could not perform his obligation under the lease to avoid violating a City of Houston ordinance. We further hold that the trial court’s award of $23,500 in attorney’s fees to Luu was not inequitable or unjust. We therefore affirm the judgment of the trial court. AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Massengale 01-09-00187-CV Merry Homes, Inc. v. Chi Hung Luu Appeal from 151st District Court of Harris County Trial Court Judge: Hon. Michael Engelhart Said v. Maria Investment (pdf) (Tex.App.- Houston [1st Dist.] Feb. 11, 2010)(Substituted opinion by Bland) (special appearance appeal) Asif Said and Asma Said (the Saids) appeal the trial court’s orders granting special appearances to the companies—all defendants that the Saids sued along with Asif’s brother, Azhar Said. The Saids claim that Azhar reneged on a partnership agreement he made with Asif, and seek damages to compensate the Saids for Asif’s alleged partnership interest.[1] The Saids contend that the trial court abused its discretion in granting the special appearances. Holding that had no evidence properly before the trial court supports the special appearances, we reverse the portions of the trial court’s orders granting the special appearances. REVERSE TRIAL COURT JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Massengale 01-08-00962-CV Asif Said and Asma Said v. Maria Investment Appeal from 151st District Court of Harris County Trial Court Judge: Hon. Caroline E. Baker Laine v. Farmers Ins. Exchange (Tex.App.- Houston [1st Dist.] Feb. 4, 2010)(Bland) (insurance law, insurance coverage litigation, punitive damages) (UM policy, drunk driver, exemplary damages) In this case, we determine whether the public policy against an insurance recovery for punitive damages assessed against an uninsured motorist applies to an umbrella policy, which defines its scope of coverage to be the same as the underlying uninsured motorist coverage. We conclude that it does. [As] a lower appellate court, we must obey the pronouncements of the Texas Supreme Court. See In re K.M.S., 91 S.W.3d 331, 331 (Tex. 2002) (per curiam). The trial court thus correctly determined that the UM coverage available under Laine’s umbrella policy does not extend to exemplary damages against the tortfeasor as a matter of law. AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Bland Before Hon. Wilson, Justices Bland and Massengale 01-08-01010-CV Sandra Gervais Laine v. Farmers Insurance Exchange Appeal from 334th District Court of Harris County Trial Court Judge: Hon Sharon McCally Underwood Graves v. Logan (Tex.App.- Houston [1st Dist.] Jan. 28, 2010)(Bland) (real estate transactions, failure to promptly provide pay-off amount for real estate loan not actionable) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Bland Before Justices Taft, Bland and Sharp 01-08-00359-CV Deborah H. Underwood Graves v. Nancy D. Logan Appeal from 212th District Court of Galveston County Trial Court Judge: Hon. Susan Elizabeth Criss Barber v. Cangelosi (pdf) (Tex.App.- Houston [1st Dist.] Jan. 14, 2010)(Bland)(probate case, will dispute) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Massengale 01-08-00781-CV Lena Jo Barber v. Dorothea Cangelosi, as Independent Executrix of the Estate of Anna Lee Cangelosi, Deceased Appeal from County Court at Law of Waller County Trial Court Judge: Hon. June Jackson In re Certain Underwriters at Lloyd's London (pdf) (Tex.App.- Houston [1st Dist.] Jan. 15, 2010)(Bland) (plenary power of trial court expired, void order, mandamus granted)(unless motion extending plenary power is filed, plenary power expires thirty days after final judgment is signed) By a petition for writ of mandamus, Certain Underwriters at Lloyd’s of London, Subscribing to Policy No. FRW14151 (“Lloyds”) challenge the trial court’s September 21, 2009 order vacating an earlier summary judgment and declaring that Lloyds has a duty to defend real party in interest, Keith E. Parker, in a separate lawsuit. Lloyds contends that the trial court’s order is void because its plenary power had expired before it signed the order. We agree that the trial court lacked plenary power; thus, the September 2009 order is void. Accordingly, we conditionally grant mandamus relief. GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Massengale 01-09-00851-CV In Re Certain Underwriters at Lloyd's London Appeal from 152nd District Court of Harris County Trial Court Judge: Hon. Robert Schaffer Adams v. Liberty Mutual Ins. Co. (pdf) (Tex.App.- Houston [1st Dist.] Jan. 14, 2010)(Bland) (worker’s compensation judicial review proceeding) AFFIRM TC JUDGMENT: Opinion by Justice Jane Nenninger Bland We hold that the trial court had no jurisdiction over Adams’ second claim. We further hold that the trial court had jurisdiction to review the administrative ruling in the first claim, and that, as the prevailing party, Liberty is entitled to reasonable and necessary attorney’s fees. We therefore vacate the portion of the judgment addressing the second claim, affirm the portion of the judgment addressing the first claim, and remand the cause for approval and entry of an attorney’s fee award for Liberty. Before Chief Justice Radack, Justices Bland and Massengale 01-09-00178-CV Donna Adams v. Liberty Mutual Insurance Company Appeal from 239th District Court of Brazoria County Trial Court Judge: Hon. Patrick Edward Sebesta Dyer v. Tex. Bd. of Pardons and Paroles (pdf) (Tex.App.- Houston [1st Dist.] Jan. 14, 2010)(Bland) (petition for expunction of an arrest record pursuant to Chapter 55 of the Texas Code of Criminal Procedure,Tex. Code Crim. Proc. Ann. art. 55.01 (Vernon Supp. 2009), finality issue, DWOJ) The trial court signed an order sustaining the district clerk’s contest to Fredrick Dyer’s affidavit of indigency. On appeal, Dyer requests that we reverse the trial court’s order and allow him to proceed as indigent in the trial court. We dismiss the appeal for want of jurisdiction because the trial court’s order sustaining the contest to Dyer’s affidavit of indigency is neither final nor appealable. DISMISS APPEAL: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Massengale 01-08-00884-CV Fredrick Dwayne Dyer v. Texas Board of Pardons and Paroles Appeal from 190th District Court of Harris County Trial Court Judge: Hon. Patricia J. Kerrigan Also see --> 2009 Opinions Authored by Justice Bland in Civil Appeals 2008 Opinions Authored by Justice Bland in Civil Appeals 2007 Civil Appellate Opinions Justice Jane Nenninger Bland . |
