Opinions By Houston Justices Fourteenth Court of Appeals Chief Justice Adele Hedges Justice John Anderson Justice William Boyce Justice Richard Edelman Justice Wanda Fowler Justice Eva M. Guzman Justice Jeffrey Brown Justice J. Harvey Hudson Justice Charles W. Seymore Justice Kem Thompson Frost Justice Leslie Brock Yates First Court of Appeals 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 Carter Higley Justice Jane Bland |
Note: On Dec. 21, 2007 Governor Rick Perry appointed 55th District Court Judge Jeffrey Brown to succeed Justice Harvey Hudson on the Fourteenth Court of Appeals until a replacement is chosen by election. Justice Brown narrowly survived the Nov. 2008 contested election for the unexpired term and thus remained on the appellate bench. Justice Hudson continues to sit as a visiting justice on some cases by assignment. RECENT APPELLATE OPINIONS BY SENIOR JUSTICE HUDSON Physio, Ltd v. Naifeh (Tex.App. - Houston [14th Dist.] Feb. 4, 2010)(Yates) (employment law - wrongful termination; liability on Sabine-Pilot wrongful termination claim) Appellants appeal the trial court’s judgment holding them individually liable for firing appellee for the sole reason that she refused to perform an illegal act. See Sabine Pilot Serv., Inc. v. Hauck, 687 S.W. 2d 733, 735 (Tex. 1985). Because we hold that the Sabine Pilot doctrine should not be extended to impose liability on individual employees rather than the plaintiff’s employer, we reverse and render. DISMISSED IN PART AND REVERSED AND RENDERED IN PART: Opinion by Justice Brock Yates Before Justices Brock Yates, Hudson and Sullivan 14-08-00017-CV Physio GP, Inc., Physio, Ltd, Tanja Saadat and Shawn Saadat v. Natalie Naifeh Appeal from 295th District Court of Harris County Trial Court Judge: Tracy Kee Christopher Dissenting Opinion by Justice Hudson in Physio GP, Inc.v. Natalie Naifeh (Sabine Pilot claim against bosses individually should be viable) Garza v. Reed (Tex. App. - Houston [14th Dist.] Jul. 7, 2009)(Hudson) (DTPA claim against insurer of complained-of business fails on summary judgment; misrepresentation as to insurance coverage of buy-back guarantee)(no-evidence summary judgment affirmed) AFFIRMED: Opinion by Justice Hudson Before Chief Justice Hedges, Justices Hudson and Frost 14-08-00211-CV Joe M Garza, Pay Phone Owners Legal Fund, and Ernest R. Bustos v. Jack P. Reed and Houston Surplus Lines, Inc. Appeal from 434th Judicial District Court of Fort Bend County Butler v. Hudson & Keyse (Tex.App.- Houston [14th Dist.] Feb. 19, 2009)(Hudson) (credit card debt suit, account stated theory) AFFIRMED: Opinion by Justice Hudson Before Justices Anderson, Hudson and Frost 14-07-00534-CV Paul A. Butler and Afton J. Butler v. Hudson & Keyse, L.L.C Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: R. Jack Cagle Sheshtawy v. Sheshtawy, (Tex.App.- Houston [14th Dist.] Nov. 18, 2008)(Hudson) (divorce, property, (divorce, property, postjudgment proceedings, motion for new trial based on claim of new evidence fails, diligence, cumulative evidence) AFFIRMED: Opinion by Justice Hudson (Before Chief Justice Hedges, Justices Hudson and Brown) 14-07-00227-CV Amal Sheshtawy v. Adel Sheshtawy, Drill Bit Industries, Inc. and Tri-Max Industries, Inc.--Appeal from 309th District Court of Harris County Trial Court Judge: Judge Frank Barlow Rynd 2007 OPINIONS BY JUSTICE HARVEY HUDSON Tsertos v. Yammine (Tex.App.- Houston [14th Dist.] Oct. 18, 2007)(Hudson)(construction law, mechanics and materialmen's lien, M&M lien) REVERSED AND REMANDED: Opinion by Justice Hudson Before Chief Justice Hedges, Justices Hudson and Guzman 14-06-00769-CV John Tsertos and Dundas Holdings, Inc. v. Yammine Gabriel Yammine, Et Al Appeal from County Civil Court at Law No 4 of Harris County (Hon. Roberta Anne Lloyd) Barrick v. CRT Disaster Services (Tex.App.- Houston [14th Dist.] Sep. 27, 2007)(Hudson) (check fraud, motion for new trial, unpleaded claim, pleading deficiencies) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Hudson Before Chief Justice Hedges, Justices Hudson and Guzman 14-06-00853-CV E.W. "Bill" Barrick Et Al v. CRT Disaster Services Appeal from 281st District Court of Harris County (Hon. David J. Bernal) Henrixson v. U-Haul Co. of Houston (Tex.App.- Houston [14th Dist.] Aug. 9, 2007)(Hudson) (negligence, injury by truck, summary judgment reversed, material fact issues) REVERSED AND REMANDED: Opinion by Justice Hudson Before Chief Justice Hedges, Justices Hudson and Guzman 14-06-00928-CV Noah Eugene Hendrixson v. U-Haul Co. of Houston Appeal from 113th District Court of Harris County (Hon. Patricia Ann Hancock) Moon v. Lesikar (Tex.App.- Houston [14th Dist.] Jul. 10, 2007)(Hudson)(family trust, standing) AFFIRMED: Opinion by Justice Hudson Before Justices Anderson, Hudson and Guzman 14-05-00677-CV Carolyn Ann Lesikar Moon, Individually and a Named Trustee of the Carolyn Ann Appeal from 149th District Court of Brazoria County (Judge Robert May) Lesikar Moon Special Trust v. Woody K. Lesikar, Individually, as Trustee of the Woodrow v. Leiskar Family Trust, et al Appeal from 149th District Court of Brazoria County (Judge Robert May) Concurring Opinion by Justice Guzman in Moon v. Lesikar (Tex.App.- Houston [14th Dist.] Jul. 10, 2007)(Guzman, concurring) Lesikar v. Lesikar Family Trust (Tex.App.- Houston [14th Dist.] Jul. 10, 2007)(Hudson) (probate, trust, no contest clause) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Hudson Before Justices Brock Yates, Anderson and Hudson 14-05-01246-CV Woody K. Lesikar, Individually and as Trustee of the Woodrow V. Lesikar Family Trust, Et Al v. Carolyn Ann Lesikar Moon, Individually and as Named Trustee of the Carolyn Ann Lesikar Moon Special Trust Appeal from 149th District Court of Brazoria County (Judge Robert May) Harris County v. Gerber (Tex.App.- Houston [14th Dist.] Jul. 10, 2007)(Hudson)(TTCA, premises defect) REVERSED AND DISMISSED: Opinion by Justice Hudson Before Chief Justice Hedges, Justices Hudson and Guzman 14-06-01096-CV Harris County v. Hollie Gerber Appeal from 165th District Court of Harris County (Judge Elizabeth Ray) Malekzadeh v. Rebecca Malekzadeh (Tex.App.- Houston [14th Dist.] Jul. 3, 2007)(Hudson) (family law, divorce) AFFIRMED: Opinion by Justice Hudson Before Justices Brock Yates, Anderson and Hudson 14-05-00113-CV Mohammed Malekzadeh v. Rebecca Malekzadeh Appeal from 309th District Court of Harris County (Judge Frank Barlow Rynd) In Re Mohammed Malekzadeh (Tex.App.- Houston [14th Dist.] Jul. 3, 2007)(Hudson)(mandamus) MOTION OR WRIT DENIED: Opinion by Justice Hudson Before Justices Brock Yates, Anderson and Hudson 14-06-00341-CV In Re Mohammed Malekzadeh Appeal from 309th District Court of Harris County (Hon. Frank B. Rynd) McLendon v. Detoto (Tex.App.- Houston [14th Dist.] Jul. 3, 2007)(Hudson)(malpractice legal) AFFIRMED: Opinion by Justice Hudson Before Chief Justice Hedges, Justices Hudson and Guzman 14-06-00658-CV Robert McLendon v. Richard Gregory "Rick" Detoto Appeal from 334th District Court of Harris County (no judge shown on docket) The State of Texas v. Fiesta Mart, Inc (Tex.App.- Houston [14th Dist.] Jul. 3, 2007)(Hudson)(plea to the jurisdiction, condemnation, eminent domain) AFFIRMED: Opinion by Justice Hudson Before Chief Justice Hedges, Justices Hudson and Guzman 14-06-00826-CV The State of Texas v. Fiesta Mart, Inc. Appeal from County Civil Coutt at Law No 3 of Harris County (Judge Lynn M. Bradshaw-Hull) Fort Bend County, Texas v. The Burlington Northern & Santa Fe Railway Company (Tex.App.- Houston [14th Dist.] Jun. 21, 2007(Hudson)(condemnation, reimbursement, plea to the jurisdiction) VACATED AND DISMISSED: Opinion by Justice Hudson Before Justices Brock Yates, Anderson and Hudson 14-05-01106-CV Fort Bend County, Texas v. The Burlington Northern & Santa Fe Railway Company Appeal from County Court at Law No 3 of Fort Bend County (Judge Susan Griffin Lowery) Awalt Group, Inc. v. M Power Entertainment (Tex.App.- Houston [14th Dist.] May 19, 2007)(Hudson) (sworn account suit, special exception, motion for summary judgment, statute of limitations, SoL) AFFIRMED: Opinion by Justice Hudson Before Justices Brock Yates, Anderson and Hudson 14-05-01208-CV Awalt Group, Inc. v. M Power Entertainment Appeal from 189th District Court of Harris County (Judge William R. Burke JR) Ace American Ins. Co. v. Marez (Tex.App.- Houston [1st Dist.] Apr. 13, 2007)(Hudson) (workers comp case; attorneys fees] REVERSED AND RENDERED: Opinion by Justice Hudson (Before Chief Justice Hedges, Justices Hudson and Edelman 14-06-00592-CV Ace American Insurance Company v. Erasmo Marez Appeal from 234th District Court of Harris County (Judge Reese Rondon) ("In this workers' compensation case, a jury found that Erasmo Marez was not injured in the course and scope of his employment at Trinity Industries, Inc. The trial court, however, granted Marez's motion for judgment notwithstanding the verdict ("JNOV") in Marez's favor and ordered Ace American Insurance Company, Trinity Industries' worker's compensation insurance carrier and the plaintiff below, to pay Marez's attorney's fees. On appeal, Ace contends the trial court erred in granting the JNOV and awarding attorney's fees because more than a scintilla of evidence supports the jury's verdict. In a cross-point, Marez contends that, if more than a scintilla of evidence supports the jury's verdict, the verdict was against the great weight and preponderance of the evidence. We reverse and render.") Smith v. City of Galveston (Tex.App.- Houston [14th Dist.] Apr. 19, 2007)(Hudson) AFFIRMED: Opinion by Justice Hudson Before Justices Anderson, Hudson and Guzman 14-05-00926-CV Daryl Dwayne Smith, Stacy Schnell and Rose Mary Smith, Individually and for the Estate of Robert W. Smith, Deceased v. City of Galveston Appeal from 127th District Court of Harris County Green v. Alford (Tex.App.- Houston [14th Dist.] Mar. 27, 2007)([Superseded Opinion by] Hudson) (fire truck accident, negligence, official immunity) REVERSED AND RENDERED: Opinion by Justice Hudson Before Justices Anderson, Hudson and Guzman 14-05-00407-CV Christopher Green v. Dwainia Alford, Individually and as Next Friend of Aaron Alford and Ronald Alford Appeal from 152nd District Court of Harris County Justice Guzman dissented in Green v. Alford (Tex.App.- Houston [14th Dist.] Mar. 27, 2007)(Dissent by Guzman) Urban v. Paulette Barker (Tex.App.- Houston [14th Dist.] Mar. 6, 2007)(Justice Harvey Hudson) (in personam jurisdiction, special appearance, foreign defendant, lack of personal jurisdiction) Gray v. Waste Resource, Inc. (Tex.App.- Houston [14th Dist.] Feb. 27, 2007)(Justice Harvey Hudson) (jury verdict for fraud, grant of JNOV affirmed) Find more judge and court information on the houston-opinions home page |
| Appellate Opinions by Justice Harvey Hudson (Tex.App.- Houston [14th Dist.] 2010-2008) Houston Opinions |