Opinions by Other Justices of the FIrst Court of Appeals, sitting in Houston, Texas 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 N. Bland |
Like several of her sister jurists, Justice Evelyn Keyes was appointed by Governor Rick Perry to fill a vacant seat. In the general election the voters approved the choice for the remainder of her predecessor’s term on the First Court of Appeals. Justice Keyes was re-elected in 2004. Her current term ends in 2010. With six concurrences and six dissents, Justice Keyes delivered the second-highest number of separate opinions on the court (28.6%) in Fiscal Year 2006. Her most notable 2006 opinion involved the novel question of whether an agreement by former spouses about what to do with frozen embryos in the event of divorce was enforceable. Justice Keyes’ decision came down on the side of the husband, who opposed the former wife’s plans to use the embryos to have a child over his opposition, but skirted the constitutional reproductive right issues raised by the husband, resolving the appeal instead as a matter of contract law. Roman v. Roman 193 S.W.3d 40 (Tex. App.—Houston [1st Dist.] 2006) (frozen embryo agreement between spouses enforceable). The Texas Supreme Court declined to weigh in on the matter. See Tex. Sup. Ct Docket No. 06-0554. Find more judge and court information at the Houston-Opinions Home Page |
| 2008 Opinions by Houston Appeals Court Justice Evelyn Keyes |
2008 Civil Cases With Opinions Authored by Justice Evelyn Keyes Also see -> 2009 Opinions by Justice Keyes in Civil Appeals Cruz v. Houston General Ins. Co. (Tex.App.- Houston [1st Dist.] Dec. 18, 2008)(Keyes) (TWCC, SIB, supplemental benefits) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-07-00225-CV Victoria M. Cruz v. Houston General Insurance Company Appeal from Co Ct at Law No 2 & Probate Ct of Brazoria County Hahn v. Love (Tex.App.- Houston [1st Dist.] Nov. 6, 2008)(Keyes) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Keyes Before Chief Justice Radack, Justices Keyes and Higley 01-07-00096-CV Allon R. Hahn, Individually and d/b/a Hahn's Gulf Service v. Bertrand Love Appeal from 157th District Court of Harris County Trial Court Judge: Hon. Ronald L. Wilson Stoker v. Stoker (Tex.App.- Houston [1st Dist.] Nov. 6, 2008)(Keyes) (divorce, property division, economic contribution claim) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-07-00056-CV Ronnie H. Stoker v. Diane Fischer Stoker Appeal from 310th District Court of Harris County Trial Court Judge: Hon. Lisa Millard Dissent by Keyes in Authorlee v. Tuboscope Vetco International, Inc. (Tex. App.- Houston [1st Dist.] Oct. 2, 2008)(Keyes)(would hold that their individual settlement agreements and the agreed judgment are void as against public policy and must be set aside. Therefore, I would reverse the case and remand to the trial court for a new trial) OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Keyes Majority Opinion in Authorlee v. Tuboscope Vetco International, Inc. (Tex.App.- Houston [1st Dist.] Aug. 28, 2008)(Nuchia) (challenge to agreed judgment, fraud claim, aggregate settlement claim, public policy) Before Justices Nuchia, Keyes and Higley 01-06-00719-CV Anthony Authorlee, Dexter Burnett, Robert Derousselle, John Henry Young, Jerome Stubblefield and Floyd Moran v. Tuboscope Vetco International, Inc.; AMF Incorporated; and Minstar, Inc.--Appeal from 295th District Court of Harris County Trial Court Judge: Hon. Tracy Christopher DFPS v. Dickensheets (Tex.App.- Houston [1st Dist.] Sep. 11, 2008)(Keyes) (CPS child protection SAPCR suit, constitutional challenge to deadline, separations of powers doctrine) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Chief Justice Radack, Justices Keyes and Higley 01-07-00584-CV Department of Family and Protective Services v. Travis Reid Dickensheets, et al Appeal from 300th District Court of Brazoria County Trial Court Judge: Hon. K. Randal Hufstetler Authorlee v. Tuboscope Vetco International, Inc. (Tex.App.- Houston [1st Dist.] Aug. 28, 2008)(Nuchia) (challenge to agreed judgment, fraud claim, aggregate settlement claim, public policy) AFFIRM TC JUDGMENT: Opinion by Justice Nuchia Before Justices Nuchia, Keyes and Higley 01-06-00719-CV Anthony Authorlee, Dexter Burnett, Robert Derousselle, John Henry Young, Jerome Stubblefield and Floyd Moran v. Tuboscope Vetco International, Inc.; AMF Incorporated; and Minstar, Inc.--Appeal from 295th District Court of Harris County Trial Court Judge: Hon. Tracy Christopher Dissenting Opinion by Justice Keyes (would set aside settlement aside as against public policy) 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 Burris and Wheelchair & Scooter Express, LLC v. Metro of Harris County (Tex.App.- Houston [1st Dist.] Aug. 14, 2008)(Keyes) (inverse condemnation case, taking, ingress easement, material and substantial impairment of access standard not met) AFFIRM TC JUDGMENT: Opinion by Justice Evelyn Keyes Before Justices Taft, Keyes and Alcala 01-06-00981-CV James R. Burris and Wheelchair & Scooter Express, L.L.C. v. Metropolitan Transit AuthorityAppeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: Hon. Jack Cagle Thompson v. Myrow (Tex.App.- Houston [1st Dist.] Aug 14, 2008)(Keyes) (probate case, finality of order, no interlocutory jurisdiction, DWOJ) DISMISS APPEAL: Opinion by Justice Keyes Before Chief Justice Radack, Justices Keyes and Higley 01-07-00125-CV Marjorie Thompson and George Thompson v. David Myrow Appeal from Probate Court No 3 of Harris County Trial Court Judge: Hon. Rory R. Olsen Lakota Resources, Inc v. Pathex Petroleum, Inc. (Tex.App.- Houston [1st Dist.] Aug. 14, 2008)(Keyes) (post judgment garnishment proceeding, no interlocutory appeal permitted, DWOJ) DISMISS APPEAL: Opinion by Justice Keyes Before Chief Justice Radack, Justices Keyes and Alcala 01-07-00537-CV Lakota Resources, Inc. v. Pathex Petroleum, Inc., Oneok Energy Services Company, LP Appeal from 164th District Court of Harris County Trial Court Judge: Hon. Martha Hill Jamison Jackson v. City of Texas City (Tex.App.- Houston [1st Dist.] July 24, 2008)(Keyes) (public employment, discharge from fire department, dismissal, civil service commission) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-07-00026-CV Anthony Jackson and James Nunez v. City of Texas City and Debbie Lesco, Texas City Civil Service Director Appeal from 212th District Court of Galveston County Trial Court Judge: Hon. Susan Elizabeth Criss Dissenting Opinion by Justice Alcala Valid Arbitration Agreement a prerequisite for judicial enforcement Travelers Indemnity Co. v. Texas Municipal League (Tex.App.- Houston [1st Dist.] July 17, 2008)(Keyes) (arbitration disputes) (no express agreement to arbitrate, motion to compel arbitration denied) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Chief Justice Radack, Justices Keyes and Higley 01-08-00062-CV Travelers Indemnity Company v. Texas Municipal League Joint Self-Insurance Fund, for itself and as Subrogee of the City of Bunker Hill Village Appeal from 125th District Court of Harris County Trial Court Judge: Hon. John Coselli Attorney was not authorized to bring appeal Pessarra v. Seidler (Tex.App.- Houston [1st Dist.] July 17, 2008)(Keyes) (guardianship proceeding, attorney had no authority to file appeal) DISMISS APPEAL: Opinion by Justice Keyes Before Chief Justice Radack, Justices Keyes and Higley 01-06-01035-CV Tera Pessara v. Frank Wayne Seidler, Kimberly McMillian, Floyd Christian, Jr., Tera Hollie Stowe and Janet Douvas Chafin Appeal from Probate Court of Brazoria County Attorney's fees affirmed American International Industries, Inc. v. Surgicare (Tex.App.- Houston [14th Dist.] July 17, 2008)(Keyes) (indemnification for attorney's fees, establishing reasonable and necessary amount of fees) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Chief Justice Radack, Justices Keyes and Higley) 01-07-00116-CV American International Industries, Inc. v. Surgicare, Inc. Appeal from 344th District Court of Chambers County Federal Preemption by ERISA? Ambulatory Infusion Therapy Specialists, Inc. v. North American Administrators, Inc. (Tex.App.- Houston [1st Dist.] July 10, 2008)(Keyes) (medical coverage law, health care coverage, claim denial, ERISA preemption, breach of contract, promissory estoppel, summary judgment based on limitations, accrual of cause of action AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-06-00756-CV Ambulatory Infusion Therapy Specialists, Inc. v. North American Administrators, Inc. d/b/a North American Health Plans and Osmose, Inc. Appeal from 125th District Court of Harris County Trial Court Judge: Hon. John Coselli Suit by terminated city employee dismissed as moot, lack of standing found Stephens v. City of Houston (Tex.App.- Houston [1st Dist.] June 12, 2008)(Keyes) (City of Houston litigation, UDJA claims stemming from indefinite suspension of employment moot, no standing) DISMISS APPEAL: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-06-00851-CV Bartholomew U. Stephens v. City of Houston, et als Appeal from 270th District Court of Harris County Trial Court Judge: Hon. Brent Gamble Mandamus petition in discovery dispute granted in part In re Jeanie Nolle (Tex.App.- Houston [1st Dist.] Jun 12, 2008)(Keyes) (discovery mandamus granted in part) GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-07-01065-CV In re Jeanie Nolle and Technical Solutions, Inc. Appeal from 113th District Court of Harris County Trial Court Judge: Hon. Patricia Hancock Special Appearance sustained Ashdon, Inc. v. Gary Brown and Assoc. (Tex.App.- Houston [1st Dist.] May 29, 2008)(Keyes) (special appearance, personal jurisdiction) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala) 01-06-01186-CV Ashdon, Inc. d/b/a Impression Bridal and Emme Bridal, Inc. v. Gary Brown & Associates, Inc., and Gary Brown, Individually Appeal from County Court at Law No 4 of Fort Bend County Trial Court Judge: Hon. R.H. Bielstein City held immune in collision involving emergency vehicle The City of Pasadena, Texas v. Kuhn (Tex.App.- Houston [1st Dist.] May 29, 2008) (Keyes) (TTCA, collision with emergency vehicle, immunity claim) (denial of plea to the jurisdiction reversed) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-07-00812-CV The City of Pasadena, Texas v. Roland C. Kuhn Appeal from 80th District Court of Harris County Trial Court Judge: Hon. Lynn Bradshaw-Hull Bias complaint against patriotic "preachy" county judge rejected Vasquez v. Hildenbrand (Tex.App.- Houston [1st Dist.] Apr. 24, 2008)(Keyes) [auto PI, negligence, denial of motion to recuse judge for bias affirmed] AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-06-01067-CV Nancy Vasquez v. Brenda Hildenbrand Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: Hon. Jack Cagle Order entered after expiration of plenary power void In re Valdes (Tex.App.- Houston [1st Dist.] Apr. 24, 2008)(Keyes) (motion for reconsideration of motion for new trial, plenary power expired, order void) GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-08-00165-CV In re Fernando F. Valdes Appeal from 122nd District Court of Galveston County Trial Court Judge: Hon. John Ellisor Trial court ignored expunction suit - dismissal reversed Jackson v. Tx. Bd. of Pardons and Paroles (Tex. App. - Houston [ 1st Dist.] Apr. 3, 2008)(Keyes) (expunction suit improperly dismissed, no hearing set) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-03-00862-CV Donald C. Jackson v. Texas Board of Pardons and Paroles, et al. Appeal from 133rd District Court of Harris County Trial Court Judge: Hon. Lamar McCorkle Termination of mother's parental rights affirmed Bermia v. DFPS (Tex.App.- Houston [1st Dist.] Apr. 3, 2008)(Keyes) (termination of parental rights, ineffective assistance of counsel claim) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-07-00699-CV Lisa Bermia v. Department of Family and Protective Services Appeal from County Court at Law of Washington County Trial Court Judge: Hon. Matthew Reue When the husband is not the father of the child, should the law recognize him? Stamper v. Knox (Tex.App.- Houston [1st Dist.] Mar. 20, 2008)(Keyes) (family law, presumption of paternity, nonpaternity, DNA testing, denial of paternity, equitable estoppel) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Keyes 01-06-00875-CV Michelle Stamper f/k/a Michelle Knox v. Stanley Keith Knox Appeal from 306th District Court of Galveston County Trial Court Judge: Hon. Janis L. Yarbrough Concurring Opinion by Justice Jennings in Stamper v. Knox Trial Court Judge: Hon. Janis L. Yarbrough A medical malpractice suit that did not get dismissed, tort "reform" notwithstanding Findley-Smith, MD v. Smith (Tex. App. - Houston [1st Dist.] Feb. 28, 2008)(Keyes) (HCLC, expert report, denial of motion to dismiss affirmed) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Nuchia, Jennings and Keyes 01-07-00360-CV Joi M. Findley-Smith, M.D. and Peggy Taylor, M.D., P.A. v. Holly Smith and Husband, Christopher Smith, Individually and A/N/F of Cameron Smith, a minor Appeal from 281st District Court of Harris County (Judge David J. Bernal) Justice Keyes finds that Judge Ray should not have reinstated case; mandamus granted to set aside void order and default judgment In re Shoreline Partners LLC (Tex.App.- Houston [1st Dist.] Feb. 28. 2008)(Keyes) (plenary jurisdiction, reinstatement order void) GRANT PETITION FOR WRIT OF MANDAMUS: Before Justices Taft, Keyes and Alcala 01-08-00013-CV In re Shoreline Partners, LLC, Prenits B. Tomlinson, Jr., Individually and Thomas E. Hardisty, Individually--Appeal from 165th District Court of Harris County (Judge Elizabeth Ray) Justice Keyes dissents on issue of sanctionable conduct Dissenting Opinion by Justice Keyes in Scott Bader, Inc. v. Sandstone Products, Inc. (discovery sanctions) 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) Credit card debts cannot be collected using sworn account proceeding under Rule 185 Williams v. Unifund CCR Partners Assignee of CitiBank 264 S.W.3d 231 (2008)(Tex.App.- Houston [1st Dist.] Feb. 7, 2008)(Keyes) (consumer credit card debt suit, judgment reversed, sworn account not proper for credit card debt collection, attorney's fees) REVERSE TRIAL COURT JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-06-00927-CV Edward Williams v. Unifund CCR Partners Assignee of Citibank Appeal from County Civil Court at Law No 3 of Harris County (Judge Lynn Bradshaw-Hull) Pena v. Je Matadi Dress Co. (Tex.App.- Houston [1st Dist.] Jan. 31, 2008)(Keyes) (intellectual property, patent assignment, duress) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Nuchia, Jennings and Keyes 01-06-00632-CV Rebecca Pena v. Je Matadi Dress Company, Inc. and Sean Mehta Appeal from 151st District Court of Harris County (Judge Caroline Baker) Nayyer v. Greenbriar Place Maintenance Ass'n (Tex.App.- Houston [1st Dist.] Jan. 17, 2008)(Keyes) (real estate, maintenance assessments) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Nuchia, Jennings and Keyes 01-06-00566-CV Vijay K. Nayyer v. Greenbriar Place Maintenance Association Appeal from Co Civil Ct at Law No 4 of Harris County (Hon. Roberta A. Lloyd) Also see --> 2007 Opinions by Justice Evelyn Keyes in Civil Appeals Also see --> 2009 Civil Appellate Opinions by Justice Evelyn Keyes |