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


Rep Laura Carter Higley vs. Dem Leslie C. Taylor
One thing is certain - a woman will win
Unlike some of her colleagues on the Houston Court of Appeals,
Justice Laura Carter Higley was not initially appointed to a
vacancy, but ran for an open seat on the First Court of Appeals in
2002. She did not draw a challenger in the primary or in the general
election later that year, and was sworn in on Jan. 1, 2003.
Her current term ends in 2008. Like other Harris County judges
up for reelection this year
Republican Justice Higley drew a
Democratic Challenger this time: Attorney Leslie C. Taylor
(click names to go to campaign web sites)
Judge Higley is a graduate of Vanderbilt University and earned a
master's degree in Latin American Studies from UT. She received
her JD from the
University of Houston in 1989. In private practice,
Attorney Laura C. Higley worked at Baker Botts LLC.
In Fiscal Year 2006 the Justice Higley wrote 70 opinions.
Justice Higley issued no dissenting or concurring opinions.
The pattern stayed the same in FY 2007, with 76 opinions to her
credit and no published disagreements with her colleagues.
Find more judge and court information
at the Houston-Opinions Home Page
Houston Court of  Appeals Contest - First Court of Appeals - Place 5

2008 Opinions in Civil Appeals Authored by Justice Laura Higley

Lopez v. DFPS (Tex.App.- Houston [1st Dist.] Sep. 25, 2008)(Higley)
(
termination of parental rights reversed, appointment of CPS as SMC affirmed)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER JUDGMENT:
Opinion by Justice Laura C. Higley
Before Chief Justice Radack, Justices Nuchia and Higley
01-08-00111-CV Hector Israel Lopez v. Department of Family and Protective Services
Appeal from 313th District Court of Harris County
Trial Court Judge: Hon. Pat Shelton

Hernandez v. Hernandez (Tex.App.- Houston [1st Dist.] Aug 28, 2008)(Higley)
(
OAG child support enforcement suit, NPT nunc pro tunc order void)
VACATE TC JUDGMENT AND DISMISS CASE: Opinion by Justice Higley
Before Chief Justice Radack, Justices Keyes and Higley
01-06-00901-CV        George Hernandez v. Maria Guadalupe Hernandez
Appeal from 311th District Court of Harris County
Trial Court Judge:        
Hon. Doug Warne
Dissenting Opinion by Justice Keyes  

Tennessee Gas Pipeline Co. v. Technip USA Corp. (Tex. App.- Houston [1st Dist.] Aug. 21, 2008)(Higley)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER JUDGMENT:
Opinion by Justice Higley  
Before Justices Vance, Hanks and Higley
01-06-00535-CV Tennessee Gas Pipeline Company v. Technip USA Corporation and Technip
Appeal from 165th District Court of Harris County
Trial Court
Judge: Hon. Elizabeth Ray

Dace v. Dace (Tex.App.- Houston [1st Dist.] July 31, 2008)(Higley)
(
dispute over estate, no breach of contract, deed, undue influence, testamentary capacity)
(dispute over estate, breach of contract, deed, undue influence)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER JUDGMENT:
Opinion by Justice Higley  
Before Justices Taft, Hanks and Higley
01-05-00832-CV        Marvin Harry Dace, Jr. v. Tommy Dace, Independent Executor of the Estate of
Marvin Harry Dace, Sr., Deceased
Appeal from County Court at Law No 1 & Probate Ct of Brazoria County
Trial Court Judge: Hon. Jerri Lee Mills

Yilmaz, MD v. McGregor (Tex.App.- Houston [1st Dist.] July 17, 2008)(Higley) (medical malpractice, motion
to dismiss, timeliness of service of citation and expert report, defendant not a party prior to being served)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by
Justice Higley
Before Chief Justice Radack, Justices Keyes and Higley
01-07-01116-CV        Salih Yilmaz, M.D. v. Eula McGregor, Tommie James, Charles James and Erma Ruth
Ervin, as heirs of the Estate of Louis D. James, Deceased, and La Chunda James
Appeal from 12th District Court of Grimes County

The University of Houston v. Stephen Barth (Tex.App. - Houston [1st Dist.] July 3, 2008) (jury award in
Whistleblower suit reversed) (
governmental entities, public employment)

The University of Houston ("the University") appeals a judgment rendered pursuant to a jury's verdict finding that the University violated the
Texas Whistleblower Act (1) ("the whistleblower act") by retaliating against Stephen Barth, a tenured professor at the University's Conrad N.
Hilton College of Hotel Management, after he reported to university officials that the college's dean had violated the law. Barth was awarded
actual damages and attorney's fees against the University based on its violation of the whistleblower act.

Of the six issues raised by the University, the dispositive issues that we address are (1) whether the trial court lacked jurisdiction over Barth's
claims because he did not timely initiate the University's grievance procedure; (2) whether legally-sufficient evidence supports a finding that
Barth reported a violation of the law to the appropriate law enforcement authorities; (3) whether legally-sufficient evidence supports a finding
that Barth reported a violation of the law in good faith; and (4) whether legally sufficient evidence supports the jury's finding that Barth's report
of a violation of the law caused the University to take an adverse employment action against him.

We reverse and remand.

REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by
Justice Higley  
Before Justices Nuchia, Alcala and Higley
01-06-00490-CV The University of Houston v. Stephen Barth
Appeal from 113th District Court of Harris County
Trial Court
Judge: Hon. Patricia Hancock  
Dissenting Opinion by Justice Alcala  

Smith v. DFPS (Tex.App.- Houston [1st Dist.] June 19, 2008)(Higley) (termination of parental rights - drugs)
AFFIRM TC JUDGMENT: Opinion by Justice Higley  
Before Chief Justice Radack, Justices Keyes and Higley
01-07-00648-CV Earl Clarence Smith aka Clarence Earl Smith v. Department of Family and Protective
Services | Appeal from 314th District Court of Harris County
Trial Court Judge: Hon. John Phillips

Lumpkin v. DFPS (Tex.App.- Houston [1st Dist.] June 12, 2008)(Higley)
(
termination of parental rights, drugs, frivolous appeal)
AFFIRM TC JUDGMENT: Opinion by Justice Higley  
Before Chief Justice Radack, Justices Keyes and Higley
01-07-00560-CV    01-07-00561-CV      01-07-00706-CV
Derrick Lumpkin, Sr. and Geneva Herrera v. Department of Family and Protective Services
Appeal from 257th District Court of Harris County
Trial Court
Judge: The Honorable Judy L. Warne

ARCO Construction Co., Inc. v. Americon Services Co., Inc (Tex.App.- Houston [1st Dist.] May 15,
2008)(Higley) (
construction law, Prompt Payment Act, attorney's fees)
Before Justices Nuchia, Hanks and Higley
01-06-00846-CV ARCO Construction Company, Inc. v. Americon Services Company, Inc.
Appeal from County Civil Court at Law of Harris County

Quinn v. Milanizadeh (Tex.App.- Houston [1st Dist.] Apr. 24, 2008) (Higley) (divorce law, common law
marriage existed)
AFFIRM TC JUDGMENT: Opinion by Justice Higley
Before Justices Nuchia, Hanks and Higley
01-07-00489-CV Tyrone Michael Quinn v. Shaleh Rene Milanizadeh
Appeal from 308th District Court of Harris County
Trial Court Judge: Hon.
Georgia Dempster

Llorance v. Sohi (Tex.App.- Houston [1st Dist.] Apr. 17, 2008)(Higley)
(
family law SAPCR modification, default arbitration order affirmed)
AFFIRM TC JUDGMENT: Opinion by Justice Higley  
Before Justices Nuchia, Hanks and Higley
01-07-00840-CV Leezet Llorance v. Farhad Safavi Sohi
Appeal from 257th District Court of Harris County
Trial Court Judge:
The Honorable Judy L. Warne  

HCAD v. Sigmor Corp. (Tex.App.- Houston [1st Dist.] Apr. 3, 2008)(Higley)(property tax litigation, taxing
gas stations)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Higley
Before Justices Nuchia, Hanks and Higley
01-06-00740-CV Harris County Appraisal District v. Sigmor Corporation, et al
Appeal from 11th District Court of Harris County
Trial Court Judge:
Hon. Mark Davidson   

National Advertising Co. v. Potter (Tex.App.- Houston [1st Dist.] Apr. 3, 2008)(Higley) (lease law, billboards)
AFFIRM TC JUDGMENT: Opinion by Justice Higley
Before Justices Taft, Hanks and Higley
01-06-01042-CV National Advertising Company v. Larry E. Potter
Appeal from 270th District Court of Harris County
Trial Court Judge:
Hon. Brent Gamble

Dixon Financial Services Ltd. v. Greenberg, Peden, Siegmyer & Oshman, PC (Tex.App.- Houston [1st
Dist.] Mar. 20, 2008)(Higley) (commercial, financial litigation)
AFFIRM TC JUDGMENT: Opinion by Justice 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
Trial Court Judge:
Hon. Levi J. Benton  

Olvera v. Olvera (Tex.App.- Houston [1st Dist.] Mar. 6, 2008)(Higley)
(
family law, mediated settlement agreement stands)
AFFIRM TC JUDGMENT: Opinion by Justice Higley
01-07-00231-CV Maria Reyna Olvera v. Jose Pablo Olvera
Appeal from 247th District Court of Harris County
Trial Court Judge:
Hon. Bonnie Hellums  

Khan v. Hasan (Tex.App.- Houston [1st Dist.] Mar. 6, 2008)(Higley) (premises liability, slip and fall claim)
AFFIRM TC JUDGMENT: Opinion by Justice Higley
01-07-00082-CV Shahnaz Khan v. Ferhat M. Hasan and Manzoor Hasan
Appeal from 190th District Court of Harris County
Trial Court Judge:
Hon. Jennifer Elrod  

Scott Bader, Inc. v. Sandstone Products, Inc. (Tex.App.- Houston [1st Dist.] Feb. 28, 2008)(Higley)
(products liability,
sanctions)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR
FURTHER PROCEEDINGS: Opinion by Justice Higley
Before Justices Nuchia, Keyes and Higley
01-05-00940-CV Scott Bader, Inc., Amy C. Wright, Kern & Wooley, L.L.P., and National Pigments &
Chemicals, Inc. v. Sandstone Products, Inc.
Appeal from 127th District Court of Harris County (
Judge Sharolyn Wood)
Dissenting Opinion by Justice Keyes in Scott Bader, Inc. v. Sandstone Products, Inc. (sanctions)  

General Electric Cap. Corp. v. Knapp, Jr. (Tex.App.- Houston [1st Dist.] Feb. 21, 2008)(Higley) (UFTA,
fraudulent transfer)
AFFIRM TC JUDGMENT: Opinion by Justice Higley
Before Justices Nuchia, Hanks and Higley
01-07-00010-CV General Electric Capital Corporation v. A. John Knapp, Jr., also known as A. John Knapp
Appeal from 113th District Court of Harris County (
Hon. Patricia Hancock)

Ramirez Restrepo v. Gutierrez (Tex.App.- Houston [1st Dist.] Jan. 31, 2008)(Higley)
(
real estate transactions, trespass to try title action, tenants)
AFFIRM TC JUDGMENT: Opinion by Justice Higley
Before Justices Nuchia, Hanks and Higley
01-06-01100-CV Edgar Ramirez Restrepo and Gerardo Campo Ramirez v. Ingrid X. Gutierrez
Appeal from 11th District Court of Harris County (
Judge Mark Davidson)  

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
Laura Carter Higley Judicial Re-Election Campaign Sign First Court of Appeals Houston TX
No message, no photograph, no party label. Not
enough money in the war chest for creative
talent? - Her opponent offers at least a web
address and id's the place designation for the
bench she seeks.
Opinions by Houston Appeals Court Justice
Laura Carter Higley
HOUSTON JUSTICES
1st and 14th Court of Appeals

Justice Alcala, Elsa
Justice Anderson, John
Justice Bland, Jane
Justice Brown, Jeff
Justice Boyce, William (Bill)  
Justice Edelman, Richard
Justice Fowler, Wanda (resigned)
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 Nuchia, Sam
Chief Justice Radack, Sherry
Justice Seymore, Charles
Justice Taft, Timothy (Tim)
Justice Yates, Leslie Brock

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