| Appellate Opinions by Justice Jeff Brown (Tex.App.- Houston [14th Dist.] 2009) Houston Opinions |
RECENT OPINIONS IN CIVIL APPEALS WRITTEN BY JUSTICE BROWN
Also see --> 2010 Opinions by Justice Jeff Brown
2010 Judicial elections: Jeff Brown is running for Texas Supreme Court seat to be vacated by
Justice Harriet O'Neill, who is not seeking re-election.
Mullins v. Briarwick Condo Owners Ass'n (Tex.App.- Houston [14th Dist.] Nov. 24, 2009)(Brown)
(premises liability, falling object)(sanctions for discovery violations)
(hindrance of the discovery process justified a presumption her claims lacked merit, the trial court did test
and consider lesser sanctions, the sanction was not too severe given the circumstances of the case, and
the sanction was not based solely on litigant's failure to produce documents)
AFFIRMED: Opinion by Justice Brown
Before Justices Seymore, Brown and Sullivan
14-08-00129-CV Susan McGee Mullins v. Briarwick Condominium Owners Association, Inc and KRJ
Management, Inc
Appeal from 80th District Court of Harris County
Trial Court Judge: LYNN M. BRADSHAW-HULL
Information Services Group, Inc. v. Rawlinson (Tex.App. - Houston [14th Dist.] Nov. 5, 2009)(Brown) (accelerated,
interlocutory appeal from the trial court’s order granting appellee’s special appearance)(defendant found to lack sufficient
minimum contacts to support the assertion of specific jurisdiction)
AFFIRMED: Opinion by Justice Jeff Brown
Before Justices Brock Yates, Frost and Brown
14-09-00242-CV Information Services Group, Inc., Technology Partners International, Inc. and TPI Eurosourcing, L.L.C. v.
Tony Rawlinson
Appeal from 61st District Court of Harris County
Trial Court Judge: Al Bennett
In Re Jacobs, MD (Tex.App.- Houston [14th Dist.] Oct. 20, 2009)(Brown)
(proper scope of net worth discovery when exemplary damages are sought for gross negligence)
GRANTED IN PART AND DENIED IN PART: Opinion by Justice Brown
Before Justices Brown, Boyce and Sullivan
14-09-00123-CV In Re Mark A. Jacobs, M.D., and Debra C. Gunn, M.D., and Obstetrical and Gynecologist Associates, P.A.
Appeal from Probate Court No 2 of Harris County
Trial Court Judge: Michael James Wood
Concurring and Dissenting Opinion by Justice Sullivan in In Re Jacobs, MD
In Re Jacobs, MD (Tex.App.- Houston [14th Dist.] Oct. 20, 2009)(Brown)
(proper scope of net worth discovery when exemplary damages are sought for gross negligence)
GRANTED IN PART AND DENIED IN PART: Opinion by Justice Brown
Before Justices Brown, Boyce and Sullivan
14-09-00123-CV In Re Mark A. Jacobs, M.D., and Debra C. Gunn, M.D., and Obstetrical and Gynecologist Associates, P.A.
Appeal from Probate Court No 2 of Harris County
Trial Court Judge: Michael James Wood
Concurring and Dissenting Opinion by Justice Sullivan in In Re Jacobs, MD
Rodarte v. Investeco Group, LLC (Tex.App. - Houston [14th Dist.] Sep. 29, 2009)(Brown)
(property-foreclosure case, standing issue)
AFFIRMED: Opinion by Justice Brown
Before Justices Frost, Brown and Boyce
14-08-00093-CV Victor Rodarte v. Investeco Group, LLC.; Morad Mekhail, Individually and as Trustee of Certain Real Property
and Vincent Rodriguez
Appeal from 157th District Court of Harris County
Trial Court Judge: Randy Wilson
Concurring Opinion by Justice Frost in Victor Rodarte v. Investeco Group, LLC.; Morad Mekhail, Individually and as Trustee
of Certain Real Property and Vincent Rodriguez
U.S. Bank N.A. v. Stanley (Tex.App.- Houston [14th Dist.] Sep. 15, 2009)(Brown)
(creditor's fiduciary duty claim against director) (Delaware law applied)
AFFIRMED: Opinion by Justice Brown
Before Justices Seymore, Brown and Sullivan
14-08-00567-CV U.S. Bank National Association, a National Banking Association, as Liquidating Trustee v. John R. Stanley,
Walter S. Piontek, Ted E. Davis, Ronald H. Benson, R. Gerald Bennett, and John Does I-X Appeal from 133rd District Court
of Harris County
Trial Court Judge: LAMAR MCCORKLE
Cantu v. Dominguez (Tex.App.- Houston [14th Dist] Sep. 10, 2009)(Brown)
(vex lit declaration - no security posted, suit against attorney, jurisdictional limits of county court)
AFFIRMED: Opinion by Justice Brown
Before Justices Seymore, Brown and Sullivan
14-08-00156-CV Tony Cantu and Elsa Cantu v. Ben Dominguez
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court Judge: Roberta Anne Lloyd
Losier v. Ravi, M.D. (Tex.App.- Houston [14th Dist] Sep. 10, 2009)(Brown)
(res ipsa loquitur, complaint of improper conduct of juror overruled, communication with party's agent outside the courtroom)
AFFIRMED: Opinion by Justice Brown
Before Justices Seymore, Brown and Sullivan
14-08-00399-CV Orville Losier and Wife Joelle Losier v. Shivarajpur K. Ravi, M.D., and Ambika Medical Group, P.A.
Appeal from 129th District Court of Harris County
Trial Court Judge: Samuel Grant Dorfman
Pues v. Veterans of Foreign Wars Post No. 8246 (Tex.App.- Houston [14th Dist.] Aug. 27, 2009)(Brown) (JNOV affirmed, jury
verdict disregarded)(no liability for personal injuries sustained in tree cutting accident, employee or independent contractor,
control over details of work)
AFFIRMED: Opinion by Justice Brown
Before Justices Frost, Brown and Boyce
14-08-00333-CV Harold Randall Pues v. Veterans of Foreign Wars Post No. 8246
Appeal from 260th District Court of Orange County
Trial Court Judge: Judge Buddie J Hahn
Marshall v. Ripkowski (Tex.App.- Houston [14th Dist.] Aug. 25, 2009)
(motor cycle repair dispute, mechanics lien, no-evidence summary judgment not proper on a party's own claim for
affirmative relief)
REVERSED AND REMANDED: Opinion by Justice Brown
Before Justices Seymore, Brown and Sullivan
14-08-00090-CV Vernon Marshall d/b/a Marshall Motor Sports v. Jerry Ripkowski
Appeal from County Civil Ct at Law No 4 of Harris County
Trial Court Judge: Roberta Anne Lloyd
Gaskey v. One Source Security and Found (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Brown) (motor vehicle
collision, school bus rear-ender accident, negligence action, negligent entrustment, denial of motion for new trial after jury
verdict affirmed, factual sufficiency, legal sufficiency review on appeal)
AFFIRMED: Opinion by Justice Brown
Before Chief Justice Hedges, Justices Guzman and Brown
14-07-00850-CV Jed Gaskey, Individually and as Next Friend of Cassandara Gaskey and Cassandra Gaskey v. One Source
Security and Found a/k/a One Source Security and Sound and Steven Green Smith
Appeal from 334th District Court of Harris County
Trial Court Judge: Sharon McCally
Anthony v. Owens (Tex. App. - Houston [14th Dist.] Jul. 7, 2009)(Brown)
(prisoners pro se IFP suit complaining of denial of parole dismissal without opportunity to amend, dismissal with prejudice,
dismissal without evidentiary hearing)
AFFIRMED: Opinion by Justice Brown
Before Justices Frost, Brown and Boyce
14-07-01077-CV Milton James Anthony v. Rissie Owens, Linda Garcia, Charles Aycock, Juanita Gonzales, Jose Aliseda,
Jane/John Doe (1 , Jane/John Doe (2
Appeal from 412th District Court of Brazoria County
Mallory v. Mallory (Tex.App.- Houston [14th Dist.] Jul. 2, 2009)(Substituted Opinion by Brown)
(post-judgment default judgment in child support case without proper notice to defendant was reversible error) (objection to
affidavit based on best knowledge and belief not preserved for appellate review)
REVERSED AND REMANDED: Opinion by Justice Brown
Before Chief Justice Hedges, Justices Guzman and Brown
14-06-01009-CV Joel Mallory v. Sharon W. Mallory and The Office of the Attorney General of Texas Appeal from 310th
District Court of Harris County
Trial Court Judge: LISA A. MILLARD
Kennedy v. Steen (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Brown)
(prisoner suit, pro se litigants, IFP litigation)(inmate suit against judges dismissed)
AFFIRMED: Opinion by Justice Brown
Before Justices Frost, Brown and Boyce
14-08-00603-CV Michael Kennedy v. Charles Steen and Detective Munniz, in their individual and official capacity
Appeal from 3rd District Court of Anderson County
Lazo v. Exxon Mobil Corp., No. 14-06-00644-CV (Tex. App. - Houston [1st Dist.] May 7, 2009) (Brown) (workers compensation
act immunity, exclusive remedy defense,
Entergy Gulf States, Inc. v. Summers Tex 2009 holding applied)
AFFIRMED: Opinion by Justice Brown
Before Justices Brock Yates, Brown and Boyce
14-06-00644-CV Marcos A. Lazo v. Exxon Mobil Corporation
Appeal from 113th District Court of Harris County
Trial Court Judge: Patricia Hancock
Mallory v. Mallory and OAG, No. 14-06-01009-CV (Tex.App. - Houston [14th Dist.] May 7, 2009)(first, superseded op. by
Brown) (post-answer default judgment reversed, insufficient notice)(default judgment in child support arrearage
confirmation action was error)(motion for new trial after default judgment)
REVERSED AND REMANDED: Opinion by Justice Brown
Before Chief Justice Hedges, Justices Guzman and Brown
14-06-01009-CV Joel Mallory v. Sharon W. Mallory and The Office of the Attorney General of Texas Appeal from 310th District
Court of Harris County
Trial Court Judge: Lisa A. Millard
Ob-Gyn Assoc, P.A. v. McCoy (Tex.App.- Houston [14th Dist.] Apr. 9, 2009)(Brown)
(HCLC, ILA, motion to dismiss, expert report requirement)
AFFIRMED: Opinion by Justice Sullivan, Opinion by Justice Brown, Opinion by Justice Boyce
Before Justices Brown, Boyce and Sullivan
14-08-00762-CV Obstetrical and Gynecological Associates, P.A. v. Andre McCoy, Individually and as Permanent Guardian of
Shannon Miles McCoy, an incapacitated person
Appeal from Probate Court No 3 of Harris County
Trial Court Judge: Rory R. Olsen
Wilkins v. McManemy, MD (Tex.App.- Houston [14th Dist.] Mar. 31, 2009)(Brown)
(HCLC, governmental defendant, dismissal of governmental employee, TTCA, plea to the jurisdiction)
AFFIRMED: Opinion by Justice Brown
Before Justices Frost, Brown and Boyce
14-06-00876-CV Jessica Wilkins, Individually and as Personal Representative of the Estate of Sha'nya Harris v. Julie
Kathryn McManemy, M.D. and Jalil Thurber, M.D.,
Appeal from 151st District Court of Harris County
Trial Court Judge: Bill Burke
Brockert v. Wyeth Pharmaceuticals, Inc. (Tex.App. – Houston [14th Dist.] Apr. 14, 2009)(Brown)
(federal preemption, product liability drugs FDA, defective design claim)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Brown
Before Chief Justice Hedges, Justices Guzman and Brown
14-07-00445-CV Susan Brockert v. Wyeth Pharmaceuticals, Inc., Kay Lamberth, Lana Pavlesic, James Ty, Ann Callan, and
Patrick Tyrrell
Appeal from 151st District Court of Harris County
Trial Court Judge: Caroline Elizabeth Baker
Ob-Gyn Assoc, P.A. v. McCoy (Tex.App.- Houston [14th Dist.] Apr. 9, 2009)(Brown)
(HCLC, ILA, motion to dismiss, expert report requirement)
AFFIRMED: Opinion by Justice Sullivan, Opinion by Justice Brown, Opinion by Justice Boyce
Before Justices Brown, Boyce and Sullivan
14-08-00762-CV Obstetrical and Gynecological Associates, P.A. v. Andre McCoy, Individually and as Permanent Guardian of
Shannon Miles McCoy, an incapacitated person
Appeal from Probate Court No 3 of Harris County
Trial Court Judge: Rory R. Olsen
Hernandez v. Brinker International, Inc. (Tex.App.- Houston [14th Dist.] Mar. 31, 2009)(Brown)
(premises liability, actual knowledge of dangerous condition, contractor)
REVERSED AND REMANDED: Opinion by Justice Brown
Before Justices Brock Yates, Anderson and Brown
14-07-00341-CV David Hernandez v. Brinker International, Inc.,
Appeal from 333rd District Court of Harris County
Trial Court Judge: Joseph J. Halbach
Concurring Opinion by Justice Anderson
Dissenting Opinion by Justice Brock Yates
In the Matter of ECL (Tex.App.- Houston [14th Dist.] Feb. 12, 2009)(Brown)
(juvenile case, murder of father)
REVERSED AND REMANDED: Opinion by Justice Jeff Brown
Before Justices Brock Yates, Anderson and Brown
14-06-01106-CV In the Matter of E.C.L.
Appeal from 315th District Court of Harris County
Trial Court Judge: Michael H. Schneider
Calloway v. James N. Hull & Associates, PC (Tex.App. - Houston [14th Dist.] Feb. 24, 2009)(Brown)
(suit against debt collector's attorney fails, sj, debt collection suits)
AFFIRMED: Opinion by Justice Brown
Before Justices Frost, Brown and Boyce
14-07-00834-CV Trish R. Calloway v. James N. Hull & Associates, P.C. a/k/a Hull & Associates, P.C. and LVNV Funding
LLC
Appeal from 113th District Court of Harris County
Trial Court Judge: PATRICIA ANN HANCOCK
In Interest of A.G.C. (Tex.App..- Houston [14th Dist.] Feb. 19, 2009)(Brown)
(effort to undo voluntary relinquishment, termination of parental rights, mediated settlement agreement)
Trial Court Judge: DONALD GENE RITTER
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Brown
Before Chief Justice Hedges, Justices Guzman and Brown
14-07-00820-CV In the Interest of A.G.C., a Minor Child
Appeal from 247th District Court of Harris County
Trial Court Judge: DONALD GENE RITTER
TWC v. City of Houston (Tex.App.- Houston [14th Dist.] Feb. 19, 2009)(Brown)
(employment law, unemployment claim, judicial review suit, appeal, untimely protest)
REVERSED AND RENDERED:
Opinion by Justice Brown
Before Justices Brock Yates, Anderson and Brown
14-07-00407-CV Texas Workforce Commission v. City of Houston
Appeal from 152nd District Court of Harris County
Trial Court Judge: Kenneth Price Wise
Proskauer Rose LLP v. Pelican Trading, Inc. (Tex.App.- Houston [14th Dist.] Feb. 3, 2009)(Brown)
(special appearance, foreign defendant)
REVERSED AND REMANDED: Opinion by Justice Brown
Before Chief Justice Hedges, Justices Guzman and Brown
14-08-00283-CV Proskauer Rose LLP v. Pelican Trading, Inc., GMF Trading, LLC and George M. Fleming
Appeal from 164th District Court of Harris County
Trial Court Judge: Martha Hill Jamison
In re Fort Bend County (Tex.App.- Houston [14th Dist.] Feb. 3, 2009)(Brown)
(venue mandamus)
MOTION OR WRIT GRANTED: Opinion by Justice Brown
Before Chief Justice Hedges, Justices Guzman and Brown
14-08-00912-CV In Re Fort Bend County
Appeal from 334th District Court of Harris County
Trial Court Judge: Sharon McCally
Concurring Opinion by Justice Guzman
Also see --> 2010 Civil Appellate Opinions by Justice Brown
OPINION OUTPUT: Justice Jeffrey V. Brown wrote 129 opinions in Fiscal Year 2008-2009. This
number breaks down into 59 signed opinions on the merits, 65 per curiam opinions, and five other
opinions. Brown did not deliver any dissenting or concurring opinions during that time period.
Also see--> 2008 Opinions by Justice Brown in Civil Appeals
Jeff's Brown recent appellate record as 55th District Court Judge
