| Opinions by Other Justices of the First Court of Appeals, sitting in Houston, 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 C. Higley Justice Jane Bland Houston Courts of Appeals Houston Civil Trial Courts and Judges |
2007 Opinions in Civil Appeals Authored by Justice Laura Higley Green v. Fort Bend ISD (Tex.App. - Houston [1st Dist.] Dec. 20, 2007)(Higley)(employment law, workers comp appeal, judicial review suit) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Taft, Hanks and Higley 01-06-01157-CV Robert F. Green v. Fort Bend Independent School District Appeal from 240th District Court of Fort Bend County (Judge Thomas R. Culver, III) Schott v. Knight (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Higley)(PI-auto, zero mental anguish damages AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Taft, Hanks and Higley 01-06-00727-CV Kasey Schott v. Hubert Knight, G-P Development, Ltd. d/b/a Service Park, Central Parking Corporation, and Allright Parking System, Inc. a/k/a Central Parking System of Texas, Inc. Appeal from 270th District Court of Harris County (Judge Brent Gamble) Bibai v. Nguyen (Tex.App.- Houston [1st Dist.] Nov. 15, 2007)(Higley)(PI auto, evidence, proof of negligence, damages) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Taft, Hanks and Higley 01-07-00138-CV Charlotte Ngo Bibai and Imaobong Nda v. Dom Kim Nguyen Appeal from Co Civil Ct at Law No 4 of Harris County (Hon. Roberta Lloyd) Dixon Financial Services, Ltd. v. Greenberg, Peden Sigmyer & Oshman, PC (Tex.App.- Houston [1st Dist.] Nov. 15, 2007)(Higley)(arbitration award, severance) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Taft, Hanks and Higley 01-06-00696-CV Dixon Financial Services Ltd., and Hyperdynamics Corporation v. Greenberg, Peden, Siegmyer & Oshman, P.C., Gerald Siegmyer, Ron Bearden, and R. F. Bearden Associates, Inc. Appeal from 215th District Court of Harris County (Hon. Levi J. Benton) Acosta v. Hemlata Chheda, DDS (Tex.App. - Houston [1st Dist.] Nov. 1, 2007)(Higley)(HCLC, medical malpractice, expert report) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Taft, Hanks and Higley 01-07-00398-CV Mary C. Acosta v. Hemlata Chheda, D.D.S. Appeal from 129th District Court of Harris County (Hon. Grant Dorfman) Milkowski v. DFPS (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(Higley)(termination of parental rights affirmed, drugs, domestic violence, jury trial, ineffective assistance of counsel claim rejected) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Taft, Hanks and Higley 01-07-00011-CV Ian Mikowski and Toni English v. Department of Family and Protective Services Appeal from 306th District Court of Galveston County (Hon. Janis L. Yarbrough) Fellows v. Adams (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(Higley)(default judgments, sufficiency of service, insufficient proof of unliquidated damages) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley Before Justices Taft, Hanks and Higley 01-06-00924-CV Kerry G. Fellows v. Rasheed Adams Appeal from 127th District Court of Harris County (Hon. Sharolyn Wood) City of Houston v. Allco, Inc. (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(Higley)(post-remand from Texas Supreme Court, see City of Houston v. Allco, Inc., 206 S.W.3d 113, 114 (Tex. 2006)(immunity to breach of contract claim waived) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Taft, Hanks and Higley 01-02-00812-CV City of Houston v. Allco, Inc Appeal from 80th District Court of Harris County (Hon. Kent C. Sullivan) We conclude that the damages sought and awarded by the trial court were permitted by Local Government Code section 271.153(a)(1). We hold that the City's immunity from suit is statutorily waived with respect to Allco's breach of contract claim. In re E.B.R. (Tex.App.- Houston [1st Dist.] Oct. 4, 2007))(Higley)(juvenile case) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Taft, Hanks and Higley 01-06-00955-CV In The Matter of E.B.R v. The State of Texas Appeal from Co Ct at Law No 3 & Probate Ct of Brazoria County The Honorable James A. Blac..) Moore v. Aqrawi (Tex.App.- Houston [1st Dist.] Sep. 20, 2007)(Higley)(assault, damages) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley Before Justices Taft, Keyes and Hanks 01-03-00917-CV Peggy Lee Moore v. Cooper Aqrawi, Ind., and Farouq Aqrawi d/b/a Manhattan Limousines of Houston, L.L.C.--Appeal from 270th District Court of Harris County (Honorable Brent Gamble) Ibarra v. Nicholes (Tex.App.- Houston [1st Dist. Aug. 2, 2007)(Higley)(construction subcontractor) AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Nuchia, Keyes and Higley) 01-06-00762-CV Jesus Ibarra v. Peggy Nicholes, Lesa Nicholes and Salon N.V. And Day Spa, Inc. Appeal from 113th District Court of Harris County (Hon. Patricia Hancock) HISD v. Old Farms Owners Ass'n (Tex.App.- Houston [1st Dist.] Jul. 26, 2007)(Higley)(tax suit, penalties and interest) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley (Before Chief Justice Radack, Justices Keyes and Higley) 01-04-00538-CV Houston Independent School District, et al., v. Old Farms Owners Association, Inc., et al., Appeal from 270th District Court of Harris County (Hon. Brent Gamble) Dissenting Opinion by Justice Keyes in HISD v. Old Farms Owners Association (Tex.App.- Houston [1st Dist.] Jul. 26, 2007) McAlester Fuel Co. v. Smith International Inc. (Tex.App.- Houston [1st Dist.] Jul. 26, 2007)(commercial dispute, breach of contract, DTPA, release, jury instruction) AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Nuchia, Jennings and Higley) 01-05-00468-CV McAlester Fuel Company v. Smith International, Inc., d/b/a Smith Services Appeal from 11th District Court of Harris County (Hon. Mark Davidson) Jennings Dissent in McAlester Fuel Co. v. Smith International Inc. (Tex.App.- Houston [1st Dist.] Jul. 26, 2007) In re Louis Charles Munks (Tex.App.- Houston [1st Dist] Jun. 28, 2007)(Higley)(mandamus)(child support contempt) GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Higley (Before Chief Justice Radack, Justices Keyes and Higley) 01-07-00094-CV In re Louis Charles Munks, Jr. Appeal from 247th District Court of Harris County (Trial court judge: Hon. Bonnie Hellums) Frank's International, Inc. v. Smith International, Inc. (Tex.App.- Houston [1st Dist] Jun. 28, 2007)(Higley)(breach of contract, conversion) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley (Before Justices Nuchia, Keyes and Higley) 01-06-00366-CV Frank's International, Inc. v. Smith International, Inc. Appeal from 61st District Court of Harris County (Trial court judge: Hon. John Donovan) Potcinske v. McDonald Property Investments, Ltd (Tex.App.- Houston [1st Dist.] Jun 15, 2007)(Higley) (real estate, breach of contract, real estate case law, contract for sale of real property, breach of contract, breach of contract, specific performance] AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Judge Wilson, Justices Keyes and Higley 01-06-00718-CV Jon A. Potcinske v. McDonald Property Investments, LTD Appeal from 334th District Court of Harris County (Hon Sharon McCally) Insurer Prevails in Coverage Denial Suit Following Suspicious Fire Routis v. Clarendon America Ins. Co. (Tex.App.- Houston [1st Dist.] May 10, 2007)(Higley) (insurance coverage denial, fire loss, arson) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Nuchia, Keyes and Higley 01-06-00459-CV Konstantinos Routis, Duluth Restaurants, Inc., and/or KRMG Enterprises, Inc. as the Attorney in Fact of Duluth Restaurants, Inc. v. Clarendon America Insurance Company Appeal from 280th District Court of Harris County (Judge Tony Lindsay) Konstantinos Routis ("Routis"), Duluth Restaurants, Inc., (1) and/or KRMG Enterprises Inc., as attorney in fact of Duluth Restaurants, Inc. ("KRMG"), sued appellee, Clarendon America Insurance Company, Inc., for breach of contract after appellants' building was destroyed by fire and appellee denied coverage. The trial court rendered a take-nothing judgment against appellants.In two issues, appellants (1) challenge the legal and factual sufficiency of the evidence supporting the trial court's judgment and (2) contend that the trial court applied an incorrect standard of proof. We conclude that the combined evidence falls within the zone of reasonable disagreement and supports the trial court's implied finding that Routis and/or Sachtouris set the building on fire and that therefore appellee's proffered exclusion from coverage applies. See Wilson, 168 S.W.3d at 827; Vandiver, 970 S.W.2d at 737. We hold that the evidence is legally sufficient because the evidence would enable reasonable and fair-minded people to reach the verdict under review. See Wilson, 168 S.W.3d at 827. In addition, we hold that the evidence is factually sufficient because, after considering all the evidence in the record, the verdict is not so contrary to the overwhelming weight and preponderance of the evidence that it is clearly wrong and manifestly unjust. See Plas-Tex Inc., 772 S.W.2d at 445; Cain, 709 S.W.2d at 176. We further hold that the trial court applied the proper standard of proof when it concluded by a preponderance of the evidence that appellee met its burden to show that an exclusion to coverage applied in this case. See Murphy, 996 S.W.2d at 879. Bowlder v. Metro (Tex.App.- Houston [1st Dist.] May 3, 2007)(Higley) [Auto-PI, subrogation, workers comp, no answer default judgment] AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Nuchia, Keyes and Higley 01-06-00553-CV Michael David Bowler v. Metropolitan Transit Authority of Harris County, Texas Appeal from 127th District Court of Harris County (Judge Sharolyn P. Wood) Winchek v. American Travel Related Services (AMEX) (Tex.App.- Houston [1st Dist.] Apr. 19, 2007)(Higley) [credit card debt suit] AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Nuchia, Keyes and Higley 01-06-00392-CV Mary Winchek v. American Travel Related Services Appeal from County Civil Court at Law No 3 of Harris County (Judge Lynn Bradshaw-Hull) Davis v. Smith (Tex.App.- Houston [1st Dist.] Apr. 5, 2007)(Higley) [bill of review denied, not diligent] Justice Jennings writes separately in death penalty sanctions case; criticizes fellow justices for not explaining decisions in a precedent setting published opinion In re Satish Gupta (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Higley)(death penalty sanctions) Justice Jennings wrote separately in In re Satish Gupta (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Concurrence by Jennings) In re Satish Gupta (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Higley)(death penalty sanctions) Justice Jennings wrote separately in In re Satish Gupta (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Concurrence by Jennings) In re Meena Matthews (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Higley)(arbitration) Mathews v. USA Employment LLC (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Higley)(employment, arbitration) Clark v. Tex. Inst. For Rehab and Research (Tex.App.- Houston [1st Dist.] Mar 15, 2007)(Higley) Earvin v. Department for Family and Protective Services (DFPS) (Tex.App.- Houston [1st Dist.] Mar 15, 2007)(Higley)(termination of parental rights, drug use) Concurring Opinion by Justice Jennings in Earvin v. Department for Family and Protective Services (DFPS) (Tex.App.- Houston [1st Dist.] Mar 15, 2007)(concurrence by Jennings) TDPS v. Styron (Tex.App.- Houston [1st Dist.] Jan. 25, 2007)(Higley)(DWI licenses suspension) [jurisdiction of criminal court, administrative suspension of driver's license] DISMISS APPEAL: Opinion by Justice Higley (Before Justices Nuchia, Jennings and Higley) 01-06-00178-CV Texas Department of Public Safety v. Rhonda Styron Appeal from Co Crim Ct at Law No 3 of Harris County (Hon. Donald W. Jackson) McKnight v. Brown, Jr. (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(Justice Laura Carter Higley) Bland Concurrence in McKnight v. Brown, Jr. (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(concurring opinion by Justice Bland) McKowen, M.D. v. Ragston (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(Justice Laura Carter Higley) 2007 Separate Opinions by Justice Higley 2007 Civil and Criminal Case Disposition with Opinion Written by Justice Higley Davis v. Smith (Tex.App.- Houston [1st Dist.] Aprl. 5, 2007)(Higley) AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Nuchia, Keyes and Higley) 01-06-00799-CV Daisy Mae Davis v. Jim R. Smith and Cost Plus of Texas, Inc.--Appeal from Co Civil Ct at Law No 1 of Harris County In re Satish Gupta (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Higley) [death penality sanctions case] DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Higley (Before Justices Nuchia, Jennings and Higley) 01-06-00678-CV In re Satish Gupta, SB International, Inc., Trinity Recycling, Inc., and Manish Gupta Appeal from 344th District Court of Chambers County (Hon. Carroll E. Wilborn, Jr.) In re Satish Gupta (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Concurrence by Jennings) [Dissent opinions that denial of mandamus in this extraordinary case merits explanation in precedent setting opinion] OPINION CONCURRING WITH THIS COURT'S JUDGMENT: Concurring Opinion by Justice Jennings (Before Justices Nuchia, Jennings and Higley) 01-06-00678-CV In re Satish Gupta, SB International, Inc., Trinity Recycling, Inc., and Manish GuptaAppeal from 344th District Court of Chambers County (Hon. Carroll E. Wilborn, Jr.) In re Meena Matthews (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Higley) [arbitration, foreign teacher recruitment contract] GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Higley (Before Justices Nuchia, Keyes and Higley) 01-07-00001-CV In re Meena Matthews, Shubhra Brown, Bharati Dhyani, Sunny Joseph, Ruchi Joshi, Bobby Khanna, Anita Pande, Anurag Pathak, Vandana Shokeen, Preetika Randive, Garima Malhotra and Nallani Sriram.--Appeal from Co Civil Ct at Law No 4 of Harris County (Hon. Roberta A. Lloyd) Mathews v. USA Employment LLC (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Higley) [arbitration, foreign teacher recruitment] see related mandamus proceeding No. 01-07-00001-CV DISMISS APPEAL: Opinion by Justice Higley (Before Justices Nuchia, Keyes and Higley) 01-06-01016-CV Meena Mathews, Shubhra Brown, Bharati Dhyani, Sunny Joseph, Ruchi Joshi, Bobby Khanna, Anita Pande, Anurag Pathak, Vandana Shokeen, Preetika Randive, Garima Malhotra, Nallani Sriram v. USA Employment, L.L.C.--\ Appellants' Attorney: Gregory Raman Johnson, Philip Durst; Appellee's counsel: Stanford Scott Boyd Appeal from Co Civil Ct at Law No 4 of Harris County (Judge Roberta Lloyd) Brooks v. The State of Texas (Tex.App.- Houston [1st Dist.] Feb. 15, 2007)(Higley) AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Nuchia, Keyes and Higley) 01-06-00312-CR Curtis A. Brooks v. The State of Texas--Appeal from Co Crim Ct at Law No 11 of Harris County Brooks v. The State of Texas (Tex.App.- Houston [1st Dist.] Feb. 15, 2007)(Higley) AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Nuchia, Keyes and Higley) 01-06-00398-CR Ricardo Deleon v. The State of Texas--Appeal from 338th District Court of Harris County Braxton v. The State of Texas (Tex.App.- Houston [1st Dist.] Feb. 8, 2007)(Higley) AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Nuchia, Keyes and Higley) 01-06-00360-CR Monique Renee Braxton v. The State of Texas--Appeal from 262nd District Court of Harris County Melgar v. The State of Texas (Tex.App.- Houston [1st Dist.] Feb. 8, 2007)(Higley) AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Nuchia, Keyes and Higley) 01-06-00430-CR Maynor Giovanni Melgar v. The State of Texas--Appeal from 262nd District Court of Harris County Melgar v. The State of Texas (Tex.App.- Houston [1st Dist.] Feb. 8, 2007)(Higley) AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Nuchia, Keyes and Higley) 01-06-00431-CR Maynor Giovanni Melgar v. The State of Texas--Appeal from 262nd District Court of Harris County Milton v. The State of Texas (Tex.App.- Houston [1st Dist.] Feb. 1, 2007)(Higley) AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Nuchia, Keyes and Higley) 01-05-01013-CR Charles Matthew Milton v. The State of Texas--Appeal from 208th District Court of Harris County TDPS v. Styron (Tex.App.- Houston [1st Dist.] Jan. 25, 2007)(Higley) DISMISS APPEAL: Opinion by Justice Higley (Before Justices Nuchia, Jennings and Higley) 01-06-00178-CV Texas Department of Public Safety v. Rhonda Styron--Appeal from Co Crim Ct at Law No 3 of Harris County McKnight v. Brown, Jr. (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(Higley) DISMISS APPEAL: Opinion by Justice Higley (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 McKowen, MD v. Ragston (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(Higley) AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Nuchia, Jennings and Higley) 01-06-00665-CV Robert L. McKowen, M.D. v. Mitchell Ragston, Sr. and Mitchell Ragston, Jr., Individually And As Personal Representatives For The Estate of Golden Ragston, Deceased--Appeal from 80th District Court of Harris County Wooley v. The State of Texas (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(Higley) AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Nuchia, Jennings and Higley) 01-05-01145-CR Fredrick Lee Wooley v. The State of Texas--Appeal from 184th District Court of Harris County |
| Opinions by Houston Appeals Court Justice Laura Carter Higley |