2010 Civil Appellate Opinions by Chief Justice Hedges Pham v. Letney (Tex.App.- Houston [1st Dist.] March 4, 2010)(Hedges) (arbitration agreement in legal services contract between lawyer and client enforced by mandamus, interlocutory appeal of order denying motion to compel arbitration dismissed, FAA applied, TAA would be preempted) INTERLOCUTORY APPEAL DISMISSED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Seymore and Justice Sullivan 14-08-01153-CV Steven Tuan Pham v. Shelly Letney Appeal from 215th District Court of Harris County Trial Court Judge: Levi James Benton Dissenting Opinion by Justice Seymore in Pham v. Letney (In consideration of the unique relationship between attorney and client, Justice Seymore writes dissenting opinion to express his concern about mandatory arbitration provisions in attorney-client agreements) In re Tuam Pham (pdf) (Tex.App.- Houston [1st Dist.] March 4, 2010)(Hedges) MOTION OR WRIT GRANTED: Opinion by Chief Justice Adele Hedges Before Chief Justice Hedges, Justices Seymore and Sullivan 14-09-00387-CV In Re Steven Tuam Pham Appeal from 215th District Court of Harris County Dissenting Opinion by Justice Seymore In re Tuam Pham (pdf) Harris County Flood Control District v. Great American Ins. Co. (Tex.App. - Houston [14th Dist.] Feb. 25, 2010)(Hedges) (plea to the jurisdiction governmental immunity, prompt payment act, quantum meruit) Appellant, Harris County Flood Control District, appeals from the denial of its plea to the jurisdiction on the claims of appellee, Great American Insurance Company, for quantum meruit and attorney’s fees. Because we conclude that appellant has not waived its immunity relative to those claims, we reverse and dismiss in part, affirm in part, and remand. AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Seymore and Senior Justice Margaret Mirabal 14-09-00571-CV Harris County Flood Control District v. Great American Insurance Company Appeal from 157th District Court of Harris County Trial Court Judge: Randy Wilson Dissenting Opinion by Justice Mirabal in Harris County Flood Control Dist. v. Great American Ins. Co. (re immunity from liability and attorneys fees) Alattar v. Ganim (Tex.App.- Houston [14th Dist.] Feb. 18, 2010)(Hedges) (real estate transaction, statute of frauds applied and was not satisfied, judgment reversed and take- nothing judgment entered) REVERSED AND RENDERED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Boyce 14-08-00756-CV Farouck (Frank) Alattar v. John Ganim Appeal from 400th District Court of Fort Bend County Trial Court Judge: Clifford J. Vacek Johnson v. Evans (Tex.App.- Houston [14th Dist.] Feb. 9, 2010)(Hedges) (suit for partition of land, two-stage proceedings with two final judgments, effect of nonsuit) (amount of ad litem fee affirmed, ad litem attorney for defendants served by publication) AFFIRMED: Opinion by Chief Justice Adele Hedges Before Chief Justice Hedges, Justices Seymore and Sullivan 14-08-00610-CV Gerald K. Johnson v. Christine Evans and Frederick M. Evans Appeal from 3rd District Court of Anderson County Trial Court Judge: Bascom W. Bentley Alexander v. Johnson (pdf) (Tex.App.- Houston [14th Dist.] Jan. 5, 2010)(Hedges) (denial of bill of review relief affirmed, challenge to paternity, genetic testing) Appellant, Larry Alexander, appeals from an order denying his petition for bill of review to set aside a default order in a suit affecting the parent-child relationship (“default SAPCR order”). The default SAPCR order appointed appellant possessory conservator of J.A., a child, and ordered appellant to pay child support. In two issues, appellant contends that he was entitled to bill-of-review relief because he was fraudulently induced to sign an acknowledgment of paternity (“AOP”), preventing him from presenting a meritorious defense to the trial court’s default SAPCR order. AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Seymore and Sullivan 14-08-00778-CV Larry Alexander v. Tiffany Johnson Appeal from 311th District Court of Harris County 2009 Appellate Opinions by Chief Justice Adele Hedges Also see --> 2008 Civil Case Opinions by Chief Hedges Nguyen v. Chapa (pdf) (Tex.App.- Houston [14th Dist.] Dec. 22, 2009)(Hedges) (real estate transaction, deeds, actual notice, constructive notice, bona fide purchaser, bona fide mortgagee) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Seymore and Sullivan) 14-08-00634-CV Hue Nguyen & Southwestern National Bank v. Alonso Chapa Appeal from 269th District Court of Harris County Trial Court Judge: John T. Wooldridge Frank v. Brittany Square Apartments (pdf)(Tex.App.- Houston [14th Dist.] Dec. 15, 2009)(Hedges) (eviction suit appeal, error in bringing appeal, incomplete appellate record, DWOJ on appeal) In this forcible detainer suit, the tenant appealed the judgment of the justice court to the county court at law. She asserts that the county court upheld the justice court’s judgment and granted possession of the premises to the landlord, but she identifies no appealable order in the record. We therefore dismiss this appeal for want of jurisdiction. DISMISSED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Boyce 14-09-00288-CV Linda Frank v. Brittany Square Apartments Appeal from County Court at Law #4 of Fort Bend County Trial Court Judge: Sandy Bielstein McCarroll v. My Sentinel, LLC (pdf) (Tex.App. - Houston [14th Dist.] Dec. 10, 2009)(Hedges) (personal liability imposed on officers and directors based on forfeiture of corporate charter, res judicata not applicable) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Seymore and Sullivan 14-08-01171-CV Steven and Robbie McCarroll v. My Sentinel, LLC., Appeal from 405th District Court of Galveston County Trial Court Judge: Wayne J. Mallia McKinney & Moore, Inc. v. City of Longview, Tx (pdf) (Tex.App.- Houston [14th Dist.] Dec. 8, 2009)(Hedges) (plea to the jurisdiction governmental immunity) AFFIRMED AS MODIFIED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Seymore and Sullivan 14-08-00628-CV McKinney & Moore, Inc. v. City of Longview, Texas Appeal from 188th District Court of Gregg County Trial Court Judge: Judge David Scott Brabham In Interest of JJJ (pdf) (Tex.App.- Houston [14th Dist.] Dec. 8, 2009)(Hedges)(SAPCR dispute) Kelli Lane Lowery appeals from the trial court’s dismissal for want of jurisdiction of Lowery’s action seeking joint managing conservatorship of J.J.J., a child. J.J.J. had been adopted in a prior action in a different court by appellee, Roderick L. Jones. In her first issue on appeal, Lowery challenges the trial court’s dismissal of her claims on jurisdictional grounds. In her second issue, she argues that the trial court should have permitted her to (1) present evidence in support of her standing to bring the lawsuit, and (2) amend her pleadings. Finding that the trial court erred in dismissing for want of jurisdiction, we reverse and remand for further proceedings below. REVERSED AND REMANDED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Seymore and Sullivan 14-08-01015-CV In the Interest of J.J.J., a Child Appeal from 257th District Court of Harris County Trial Court Judge: Judy L. Warne Sharma v. Routh (pdf) (Tex.App.- Houston [14th Dist.] Dec. 3, 2009)(Concurrence by Hedges)(divorce, characterization of property) (Because the trial court mischaracterized a portion of the marital property, namely the trust income from Alice's testamentary trusts, the majority correctly reverses and remands this case. Although I agree with the majority's disposition, I would reverse and remand for different reasons. I therefore concur in the judgment only and write separately to explain my reasons.) Concurring Opinion by Chief Justice Hedges 14-06-00717-CV Timothy L. Sharma v. Lisa C. Routh Appeal from 246th District Court of Harris County Trial Court Judge: Jim York In Interest of MG (pdf) (Tex.App. - Houston [14th Dist.] Nov. 17, 2009)(Hedges) Appellant, “Jane Doe,” appeals from the termination of her parental rights to M.G. based on trial court findings that: (1) appellant failed to comply with provisions of the court’s prior orders establishing actions necessary for the return of the child after removal for abuse or neglect, and (2) termination was in the child’ s best interest. On appeal, appellant contends that there was legally and factually insufficient evidence to support the court’s findings and that she received ineffective assistance of counsel. We affirm. AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Seymore and Sullivan 14-09-00136-CV In the Interest of M.G. Appeal from 306th District Court of Galveston County Trial Court Judge: Janis Louise Yarbrough Kessling v. Friendswood ISD (Tex.App.- Houston [14th Dist.] Nov. 3, 2009)(Hedges) (suit alleging violations of the Texas Open Meetings Act (TOMA), Texas Public Information Act (TPIA), and Texas Education Code) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Frost 14-07-01063-CV Nancy Kessling v. Friendswood Independent School District, and Patricia Hanks Appeal from 56th District Court of Galveston County Trial Court Judge: Lonnie Cox Dissenting Opinion by Justice Frost in Kessling v. Friendswood ISD Also see --> 2009 OPINIONS BY CHIEF JUSTICE HEDGES IN CIVIL APPEALS Also see --> 2008 OPINIONS BY CHIEF JUSTICE HEDGES IN CIVIL APPEALS 2007 OPINIONS BY CHIEF JUSTICE HEDGES IN CIVIL APPEALS Find more judge and court information on the houston-opinions.com home page . |
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| 2010 Opinions in Civil Appeals by Hon. Adele Hedges Chief Justice of the 14th Court of Appeals Houston Opinions |
