Opinions by Other Justices
of the
First Court of Appeals,  
sitting in Houston, Texa
s

Chief Justice Sherry Radack
Justice Tim Taft (former)
Justice Jim Sharp
Justice Sam Nuchia (former)
Justice Terry Jennings
Justice Evelyn Keyes
Justice Elsa Alcala  
Justice George C. Hanks, Jr.
Justice Laura Carter Higley
Justice Jane Bland
Justice Massengale, Michael

JUDGE PROFILE - Justice Hanks was appointed to Place 6 on the court in
2002  when the previous incumbent,
Sherry Radack, received her promotion to
Chief Justice. The seat was previously occupied by
Scott Brister, now a member
of the Texas Supreme Court.
Justice Hanks is the only African-American on the court and its most prolific
opinion writer. Justice Hanks wrote 83 signed opinions in fiscal year 2006. That
year Justice Hanks dissented only once, and wrote one separate concurring
opinion in another case. Like several of his peers, Justice Hanks was a district
court judge in Harris County prior to his elevation to the appellate bench. His
former district court bench is now occupied by
Judge Randy Wilson.
Justice Hanks has distinguished himself through his bold jurisprudence.
He has authored a precedent-setting opinion establishing a waiver-by-conduct
exception to sovereign immunity in a case against Texas Southern University, a
historically black University in Houston, whose president was subsequently ly
fired and indicted over financial misconduct.
TSU v. State Street Bank and Trust.
Both Justice Hanks and his district court successor also wrote legal articles
published in the Texas Bar Journal.
Justice Hanks has excellent academic credentials. He is a graduate of
Louisiana State University and Harvard Law School, and served as a law clerk
for the Hon. Sim Lake.

Find more judge and court information
at the Houston-Opinions Home Page
2009 Opinions by Houston Appeals Court Justice
George C. Hanks, Jr.

2009 Opinions By Justice Hanks in Civil Appeals
Also see -->
2010 Civil Case Opinions Written by Justice George Hanks

Medina v. Benkiser (Tex.App.- Houston [1st Dist.] Dec. 31, 2009)(Hanks)(plenary jurisdiction)
(
trial court did not have authority to modify judgment after appeal and add an award attorney's fees; prior
appeal was not interlocutory), modified judgment found void)
Our opinion and judgment in Medina I constituted the final resolution of the controversy between the parties, and the trial court
lacked plenary power to award attorney's fees to appellees. By affirming the trial court's judgment, our judgment essentially
adopted the judgment of the trial court dismissing the case for lack of jurisdiction. Because the trial court did not award
attorney's fees to the appellees in its judgment--and the appellees did not raise this failure to award fees as an issue in
Medina I--our opinion and judgment in Medina I closed the door on the possibility of the appellees recovering their attorney's
fees in this case.
We sustain appellants' first issue and hold that the trial court lacked plenary power to modify the judgment and award
appellees' attorney's fees.
VACATE TRIAL COUR JUDGMENT AND DISMISS CASE: Opinion by Justice Hanks    
Before Justices Keyes, Alcala and Hanks   
01-08-00777-CV  Debra Medina, Mallory Miller, Jr., Dustan Costine, Chad Creighton, Richard Wyatt and Kay
Fisher v. Tina Benkiser and The Republican Party of Texas   
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court Judge:
Hon. Roberta A. Lloyd

Mitchell v. The Methodist Hospital (Tex.App.- Houston [1st Dist.] Dec. 31, 2009)(Hanks)
(
medical malpractice suit, adequacy of expert report, attorney's fees in HCLC suit) (presumption of proper
service, receipt of mail)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks    
Before Justices Keyes, Alcala and Hanks   
01-08-00898-CV  Chiquita Mitchell, Verazonda Mitchell, Dominque Mitchell, Aaron Mitchell, Samuel Mitchell,
Frank Mitchell III, Carl Mitchell, Marie Ophelia, Theodore Mitchell & Johnation Mitchell v. The Methodist
Hospital, Rose Young, Melissa Abbot, Denise M. Stuckey and Bernice Onyenuzi   
Appeal from 270th District Court of Harris County
Trial Court Judge:
Hon. Brent Gamble    

Davis v. West (Tex.App.- Houston [1st Dist.] Dec. 31, 2009)(Hanks)(derived judicial immunity) (turnover
relief, void vs voidable order, existence of fiduciary duty, sufficiency of notice of summary judgment hearing)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks    
Before Justices Keyes, Alcala and Hanks   
01-08-01006-CV  Veronica Davis v. James A. West, Henry V. Radoff,
Houston Reporting Services & Prosperity Bank, Inc..   
Appeal from 149th District Court of Brazoria County
Trial Court Judge: Hon. Robert E. May  

Smith v. DFPS (Tex.App.- Houston [1st Dist.] Dec. 3, 2009)(Hanks)(termination of parent's rights)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks  
Before Justices Keyes, Hanks and Bland    
01-09-00173-CV        Deshann Smith a/k/a Cajuanna Peterson v. Department of Family and Protective
01-09-00390-CV        Deshann Smith a/k/a Cajuanna Peterson v.  Department of Family and Protective
Services    Appeal from 314th District Court of Harris County

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  

In Re Northrop (Tex.App.- Houston [1st Dist.] Oct. 15, 2009)(Hanks)(mandamus denied re: order striking
intervention) (
SAPCR petition in intervention in DFPS/CPS SAPCR child protection suit, timeliness issue)
DENY PETITION FOR WRIT OF MANDAMUS: Opinion by
Justice Hanks   
Before Justices Keyes, Alcala and Hanks    
01-09-00814-CV  In Re David Arnold Northrop      
01-09-00815-CV  In Re David Arnold Northrop    
Appeal from
257th District Court of Harris County
Trial Court Judge: Hon. Judy Warne

SCTW Health Care Center, Inc v. AAR Incorporated (Tex.App.- Houston [1st Dist.] Oct. 15, 2009)(Hanks)
(mold remediation work, breach of contract jury verdict affirmed, attorney's fees)
AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Hanks   
Before Chief Justice Radack, Justices Alcala and Hanks    
01-07-00762-CV SCTW Health Care Center, Inc., Stan Steele, Wynell Suitt and WTCS Health Care Center,
Inc. v. AAR Incorporated    
Appeal from 212th District Court of Galveston County
Trial Court Judge:
Hon. Susan Elizabeth Criss

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

AccuFleet, Inc.v. Harford Fire Ins. Co. (Tex.App.- Houston [1st Dist.] Sep. 17, 2009)(Hanks)
(insurance coverage dispute)
AFFIRM TC JUDGMENT IN PART, REVERSE TRIAL COURT JUDGMENT IN PART, AND REMAND CASE TO
TC FOR FURTHER PROCEEDINGS: Opinion by
Justice Hanks    
Before Justices Keyes, Hanks and Bland  
01-08-00684-CV AccuFleet, Inc. v. Harford Fire Insurance Company   
Appeal from 55th District Court of Harris County
Trial Court Judge:
Hon. Jeffrey A. Shadwick

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

Walker v. DFPS (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Hanks) (appeal with dissenting opinion)
(
termination of parental rights, ineffective assistance of counsel claim)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks    
Before Justices Jennings, Hanks and Bland  
01-07-00867-CV  Frederick Dewayne Walker v. Department of Family and Protective Services    
Appeal from 314th District Court of Harris County
Trial Court Judge: Hon. John Phillips
Dissenting Opinion by Justice Jennings in Walker v. DFPS termination case   

Rittger, MD v. Danos (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Hanks)
(
HCLC expert report sufficiency challenged, interlocutory appeal, ILA)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks  
Before Justices Keyes, Hanks and Bland  
01-08-00588-CV  Kevin Rittger, M.D. v. Lou Virgina Danos    
Appeal from 55th District Court of Harris County
Trial Court Judge:
Hon. Jeffrey A. Shadwick

Thurman v. Harris County (Tex.App.- Houston [1st Dist.] Jun. 11, 2009)
(Hanks) (
TTCA, ferry drowning, plea to the jurisdiction improperly granted)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR
FURTHER PROCEEDINGS:   
Before Judge Wilson, Justices Hanks and Bland. Opinion by
Justice George C. Hanks, Jr.
01-07-00235-CV Joe Thurman, Individually, And As Sole Heir of the Estate of Amanda Rene Thurman v.
Harris County, Texas, As a Local Governmental Unit of the State of Texas
Appeal from 269th District Court of Harris County
Trial Court Judge:
The Honorable John T. Wooldridge  

Silver Lion, Inc. v. Larsen (Tex.App.- Houston [1st Dist.] May 21, 2009) (Hanks)   
(commercial lease,
tortious interference, personal guaranty)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER JUDGMENT:
Opinion by
Justice Hanks
Before Justices Jennings, Hanks and Bland)
01-07-00370-CV Silver Lion, Inc. v. R. Kent Larsen
Appeal from 157th District Court of Harris County
Trial Court
Judge: Randall Wilson

Parr v. Parr (Tex.App,- Houston [1st Dist.] May 21, 2009)(Hanks)
(
restricted appeal, attorneys fees award vacated in family law case, no evidence presented on fees)
VACATE TC JUDGMENT AND DISMISS CASE: Opinion by Justice Hanks Before Chief Justice Radack,
Justices Alcala and Hanks
01-07-00750-CV D'Juana Parr v. Brian Parr
Appeal from 247th District Court of Harris County
Trial Court
Judge: Hon. Bonnie Hellums  

Harrison v. Gaubert (Tex.App.- Houston [1st Dist.] May 21, 2009)(Hanks)
(Tex.App.- Houston [1st Dist.] May 21, 2009)(Hanks)(
default judgment case) (default judgment improperly
granted based on unserved amended petition)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by
Justice Hanks  
Before Chief Justice Radack, Justices Alcala and Hanks)
01-07-00814-CV Roger Harrison v. Harold and Virginia Gaubert
Appeal from 61st District Court of Harris County
Trial Court
Judge: Hon. John Donovan  

Kachar v. Harris County Attorneys (Tex.App.- Houston [1st Dist.] May 7, 2009)(Hanks)  
(
bill of review, due diligence in using available remedies, termination of parental rights, vexatious litigant
designation)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks   
Before Chief Justice Radack, Justices Alcala and Hanks  
01-08-00730-CV
Karen Kachar v. Harris County Attorneys  
Appeal from 257th District Court of Harris County
Trial Court
Judge: Hon. Judy Warne  

In Interest of BGM (Tex.App.- Houston [1st Dist.] May 7, 2009)(Hanks)(SAPCR, conservatorship)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks   
Before Chief Justice Radack, Justices Alcala and Hanks  
01-08-00018-CV
In the Interest of B.G.M and B.M.M, Children  
Appeal from 311th District Court of Harris County
Trial Court
Judge: Hon. Doug Warne

Crown Asset Management LLC v. Short (Tex.App.- Houston [1st Dist.] Apr. 16, 2009)(Hanks)
(
MV note suit fails on summary judgment, inadequate documentation attached, declaratory judgment on car
ownership reversed, UDJA fees reversed, no judicial admission as to MV title)
AFFIRM TRIAL COURT JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER
JUDGMENT:
Opinion by
Justice Hanks   
Before Chief Justice Radack, Justices Alcala and Hanks  
01-08-00042-CV
Crown Asset Management, LLC v. Christopher B. Short  
Appeal from County Civil Court at Law No 1 of Harris County
Trial Court Judge:
Hon. R. Jack Cagle

Daniels v. Richardson (Tex.App.- Houston [1st Dist.] Apr. 16, 2009)(Hanks)
(
product liability, claims against seller vs. manufacturer, warranty, DTPA, issue of jury charge error)
AFFIRM TC JUDGMENT: Opinion by
Justice Hanks   
Before Chief Justice Radack, Justices Alcala and Hanks  
01-06-00242-CV
Jack Daniels d/b/a Daniel's Rentals v. Edward Richardson d/b/a Blue Saphire Lawn Care  
Appeal from County Court at Law No 1 & Probate Ct of Brazoria County
Trial Court Judge: Hon. Jerri Lee Mills

Town & Country Partnership, ANDV 97, Inc. v. Frontier Leasing Corp. (Tex.App.- Houston [1st Dist.] Mar. 19,
2009) (Hanks)(
commercial lease, attorney's fees)
MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Hanks
Before Justices Jennings, Hanks and Bland
01-07-00555-CV Town & Country Partnership, ANDV 97, Inc., Indiv. and in its Official Capacity as General
Partner of Town & Country Partnership, and Moody-Rambin Town & Country, Ltd., Indiv. and in its Official
Capacity as General Partner of Town & Country Partnership v. Frontier Leasing Corporation
Appeal from 11th District Court of Harris County
Trial Court
Judge: Hon. Mark Davidson  

Baqdounes v. Nazir (Tex.App.- Houston [1st Dist.] Jan. 29, 2009)(Hanks)(informal marriage, common law
marriage, collateral attack on prior divorce decree that omitted SAPCR re one child born during the
marriage,
void vs. voidable judgment)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Hanks  
Before Justices Jennings, Hanks and Bland
01-07-01102-CV Selene Lara Mateos Baqdounes v. Nazir Baqdounes
Appeal from 246th District Court of Harris County
Trial Court
Judge: Hon. Jim York  

City of Houston v. O'Fiel (Tex.App.- Houston [1st Dist.] Jan. 28, 2009)(Hanks)
(
regulatory taking, flood zone land use, ripeness doctrine)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks  
Before Justices Jennings, Hanks and Bland  
01-08-00242-CV  The City of Houston v. John O'Fiel and Mary Jane O'Fiel
Appeal from Co Civil Ct at Law No 1 of Harris County
Trial Court Judge:
Hon. R. Jack Cagle

Ogu v. Bridle Wood (Tex.App,- Houston [1st Dist.] Jan. 8, 2009)(Hanks)
(
declaratory judgment, attorney's fees, jury trial)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Hanks  
Before Justices Jennings, Hanks and Bland
01-07-00933-CV        Caroline Ogu and Oakey Ugboaja v. Bridle Wood, et al
Appeal from
County Civil Court at Law No 4 of Harris County

Kachar v. DFPS (Tex.App.- Houston [1st Dist.] Jan. 8, 2009)(Hanks) (vexatious litigant)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
Before Justices Jennings, Hanks and Bland
01-08-00074-CV  Karen Kachar v. Department of Family and Protective Services
Appeal from 257th District Court of Harris County
Trial Court Judge: The Honorable Judy L. Warne

Also see --> 2010 Appellate Opinions By Justice George Hanks in Civil Appeals
2008 Appellate Opinions By Justice George Hanks in Civil Appeals
2007 Appellate Opinions By Justice George Hanks in Civil Appeals

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HOUSTON JUSTICES
1st and 14th Court of Appeals
Links to 2009 Opinions

Justice Alcala, Elsa
Justice Anderson, John
Justice Bland, Jane
Justice Brown, Jeff
Justice Boyce, William (Bill)  
Justice Christopher, Tracy (2010)
Justice Edelman, Richard (2008)
Justice Fowler, Wanda (2008)
Justice Frost, Kem Thompson
Justice Guzman, Eva
Justice Hanks, George C., Jr.
Chief Justice Hedges, Adele
Justice Higley, Laura Carter
Justice Hudson, Harvey J.
Justice Jennings, Terry
Justice Keyes, Evelyn
Justice Massengale, Michael
Justice Nuchia, Sam
Chief Justice Radack, Sherry
Justice Seymore, Charles
Justice Sharp, Jim
Justice Sullivan, Kent
Justice Taft,Timothy (Tim)
Justice Yates, Leslie Brock

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