JUDGE PROFILE: MICHAEL MASSENGALE Appointed Justice of the First Court of Appeals Republican Incumbent Place 8 (unexpired term) Former incumbent in this position: Hon. Timothy Taft 2010 Judicial candidates for Place 8 (unexpired term) GOP Primary: Incumbent Michael Massenale vs. Gael Harrison Democratic opponent: Robert May Find more judge and court information at the Houston-Opinions Home Page |
Recent Opinions by Appointed Houston Appeals Court Justice Michael C. Massengale |
Governor Rick Perry has appointed Michael C. Massengale to fill the unexpired term of Justice Tim Taft, who retired on June 1, 2009. Not to be confused with Mike Massengale, fine artist. OPINIONS WRITTEN BY JUSTICE MASSENGALE IN CIVIL APPEALS In re Baker (Tex.App.- Houston [1st Dist.] Feb. 25, 2010)(Massengale) (petition dismissed for want of jurisdiction, contributor to other candidate had no standing to bring election contest) Baker filed this original proceeding, seeking to have the name of a Republican candidate for judicial office removed from the primary election ballot. We dismissed the petition for writ of mandamus for want of jurisdiction. We now substitute this opinion for our prior memorandum opinion, explaining our conclusion that Baker has failed to demonstrate his standing to bring this original proceeding. DISMISS PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Massengale Before Justices Jennings, Keyes and Massengale 01-10-00022-CV In re James A. Baker Election contest re: 308th District Court of Harris County Elbar Investments, Inc. v. Johnston (Tex.App.- Houston [1st Dist.] Feb. 18, 2010)(Massengale) (dispute over attorney's fees awarded in connection with filing and cancellation of lis pendens, complaint not preserved for appellate review) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Massengale Before Justices Keyes, Sharp and Massengale 01-09-00757-CV Elbar Investments, Inc. v. Cheryle R. Johnston Appeal from 309th District Court of Harris County Trial Court Judge: Hon. Frank B. Rynd Brejon v. Johnson-Brejon (Tex.App.- Houston [1st Dist.] Dec. 31, 2009)(Massengale) (motion to modify child support, material and substantial change in circumstances, attorney's fees order void) We hold that there was probative and substantive evidence to support the trial court’s order for increased child support. AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Chief Justice Radack, Justices Bland and Massengale 01-08-00642-CV Phillipe J. Brejon v. Lia M. Johnson-Brejon Appeal from 310th District Court of Harris County Trial Court Judge: The Honorable Lisa Millard Rodrigues v. Press (pdf) (Tex.App.- Houston [1st Dist.] Dec. 17, 2009)(Massengale)(legal malpractice suit) Appellant, Enrique Rodriguez, and his wife, Anabel Reyna Rodriguez, sued appellant’s former lawyer, Dionne S. Press, for alleged negligence, breach of contract, violations of the Deceptive Trade Practices-Consumer Protection Act, and other theories. See Tex. Bus. & Com. Code Ann. §§ 17.41–.63 (Vernon 2002 & Supp. 2009) (DTPA). The trial court rendered a take- nothing summary judgment based on appellee Press’s motion for summary judgment. Appellant brings three points of error, alleging the trial court erred in (1) hearing the motion for summary judgment outside the time periods set out in the court’s docket control order, (2) relying on the doctrine set forth in Peeler v. Hughes & Luce, 909 S.W.2d 494 (Tex. 1995),[1] to grant Press’s motion for summary judgment, and (3) denying appellant’s motion for summary judgment based on what appellant claims is false and misleading summary-judgment evidence filed by Press. We affirm. AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Massengale Before Chief Justice Radack, Justices Bland and Massengale 01-08-00326-CV Enrique Rodriguez v. Dionne S. Press Appeal from 190th District Court of Harris County Trial Court Judge: Hon. Jennifer Walker Elrod Vu v. Solanic (Tex.App.- Houston [1st Dist.] Oct. 29, 2009)(Massengale)(health care liability claim, expert report sufficiency) The issue in this interlocutory appeal is whether the trial court abused its discretion by denying a motion to dismiss health- care-liability claims. Appellants moved to dismiss appellee Cicely Solanic’s medical-malpractice claims on the ground that Solanic filed a deficient expert report. See Tex. Civ. Prac. & Rem. Code Ann. § 74.351(a), (l) (Vernon Supp. 2009). The trial court denied the motion to dismiss. We affirm the order in part and reverse in part. ... We hold the trial court did not err by denying Dr. Vu’s motion to dismiss on the basis of Solanic’s liposuction-and-tummy-tuck claim. We therefore affirm that portion of the trial court’s order. We hold the trial court erred by denying Dr. Vu’s motion to dismiss on the basis of Solanic’s informed-consent and diastasis-recti-correction claims. We therefore reverse that portion of the trial court’s order. AFFIRM TRIAL COURT JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER JUDGMENT: Opinion by Justice Massengale Before Chief Justice Radack, Justices Bland and Massengale 01-09-00551-CV Tuan A. Vu, Individually and d/b/a Southwest Cosmetic Surgery and Skin Care Center and Tuan A. Vu, M.D., P.A. v. Cicely Solanic Appeal from 400th District Court of Ft. Bend County Trial Court Judge: Hon Clifford J. Vacek City of Houston v. HS Tejas, Ltd. (Tex.App.- Houston [1st Dist.] Oct. 22, 2009)(Higley) (inverse condemnation, regulatory takings claim, plea to the jurisdiction proper, ripeness issue, opportunity to amend)("Because HS Tejas has failed to allege a concrete injury as is necessary to establish subject-matter jurisdiction in this case, we reverse the trial court’s order denying the plea to the jurisdiction, and remand the cause for further proceedings") REVERSE TRIAL COURT JUDGMENT AND REMAND CASE TO TRIAL COURT FOR FURTHER PROCEEDINGS: Opinion by Justice Massengale Before Chief Justice Radack, Justices Bland and Massengale 01-09-00393-CV City of Houston v. HS Tejas, Ltd Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: Hon. Jacqueline Lucci Smith Houchins v. Devon Energy Production Co. (Tex.App.- Houston [1st Dist.] Oct. 15, 2009)(Massengale) ("In this appeal, we must determine whether the language of a deed is ambiguous and whether the deed reserved mineral rights to the grantor. The district court held the deed unambiguously reserved to the grantor all the minerals. We affirm")(interpretation of deed language) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Massengale Before Chief Justice Radack, Justices Bland and Massengale 01-08-00273-CV Cynthia A. Houchins and Darrell E. Houchins v. Devon Energy Production Co., L.P. Appeal from 18th District Court of Johnson County Trial Court Judge: Hon. John Edward Neill National Fire Insurance Co. v. State and County Mutual Fire Ins. Co. (Tex.App.- Houston [1st Dist.] Oct. 8, 2009)(Massengale)(insurance litigation) REVERSE TRIAL COURT JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Massengale Before Chief Justice Radack, Justices Bland and Massengale 01-07-00845-CV National Fire Insurance Company of Hartford, as Assignee of Kelvin Ray Gatlin v. State and County Mutual Fire Insurance Company Appeal from 127th District Court of Harris County Trial Court Judge: Hon. Sharolyn Wood Aguilar v. Dojo Enterprises, Inc. (Tex.App.- Houston [1st Dist.] Oct. 8, 2009)(Massengale) (take-nothing judgment in personal injury suit affirmed) (statute of limitations and due diligence in serving defendant, deemed admissions, waiver of arguments on appeal on account in inadequate briefing) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Massengale Before Chief Justice Radack, Justices Bland and Massengale 01-07-00903-CV Estelita Aguilar v. Dojo Enterprises, Inc. d/b/a Party City Appeal from 127th District Court of Harris County Trial Court Judge: Hon. Sharolyn Wood Med-Mal Suit under TTCA Dismissed on Appeal UT Med. Branch Galveston v. Brisco (Tex.App.- Houston [1st Dist.] Oct. 1, 2009)(Massengale) (Texas Tort Claims Act TTCA case, claim dismissed, sufficiency of notice of claim letter, immunity not waived) REVERSE TRIAL COURT JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Massengale Before Chief Justice Radack, Justices Bland and Massengale 01-09-00064-CV The University of Texas Medical Branch Galveston and The University of Texas System v. Dawn Nico Brisco Appeal from 56th District Court of Galveston County Trial Court Judge: Hon Lonnie Cox Appellate Opinion Debut in Pro-Se Appeal: Discouraging tax suit foreclosure defendants from waiving the valuable right to be represented by attorney and proceeding without: Gilbert v. HISD (Tex.App.- Houston [1st Dist.] Sep. 24, 2009)(Massengale) (pro se appeal, suing or defending suit as next friend of incompetent person, standing to bring appeal, tax lien foreclosure) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Massengale Before Chief Justice Radack, Justices Bland and Massengale 01-06-00159-CV Matt Gilbert v. Houston Independent School District Appeal from 270th District Court of Harris County Trial Court Judge: Hon. Brent Gamble TEXT OF PRESS RELEASE FROM THE GOVERNOR'S OFFICE: Gov. Perry Names Massengale Justice of the 1st Court of Appeals June 15, 2009 AUSTIN – Gov. Rick Perry has appointed Michael C. Massengale of Houston justice of the 1st Court of Appeals for a term to expire at the next general election. The court presides over 10 counties surrounding the Houston area. Massengale is a partner at Baker Botts L.L.P. He is a member of the State Bar of Texas and American and Houston Bar associations. He is also president of the Houston chapter of the Federalist Society, a volunteer with the Houston Volunteer Lawyers Program, and a member of Annunciation Catholic Church. Massengale received a bachelor’s degree from Dartmouth College and a law degree from the University of Texas at Austin. He replaces Tim Taft of Houston. NEWS AND BLOG ITEMS ON MASSENGALE APPOINTMENT Lawyer, 37, named 1st Court of Appeals justice (Tex Parte Blog) (quoting Massengale, who has a general commercial and securities practice at Baker Botts, as saying he probably will not report for duty at the 1st Court until Aug. 1 to give him time to finish projects in the works at his firm.) Class of 2010, so far One more judicial race (Charles Kuffner on Kuff' World) ("If form holds from 2008, Massengale will have a primary challenger as well as a Democratic opponent. He was appointed to Place 8, which as of my Class of 2010 So Far post wasn't listed as a bench that was up for election. I presume that will be rectified shortly. As you know, I think the appeals court races will be a good opportunity for Dems next year, so I certainly hope new Justice Massengale gets a challenger soon.") BIOGRAPHICAL INFO / PROFILE Link to --> Michael C. Massengale SBOT Profile | Statutory Profile Last Certified On: 02/10/2006 (accessed 6/18/09) Texas Licensed: Dec. 11, 1997 Practice Information Firm: No information reported by attorney Firm Size: Over 200 Occupation: Private Law Practice Primary Practice Areas: Litigation: Commercial Courts of Admittance: Federal Courts of Admittance: Fifth Circuit Court of Appeals Colorado District Court Texas Northern District Court Texas Southern District/Bankruptcy Court Education and Certification History Law Schools: University of Texas (UT) Law School Graduation: June 1997 - Doctor of Jurisprudence (JD) --> Massengale class of 1996-97 group pic (Tex LR) Texas Board of Legal Specialization Certifications: No profile data on file for Texas Board of Legal Specialization Certification MICHAEL C. MASSENGALE - INFO FROM PROFESSIONAL PROFILE ON FIRM WEBSITE Practice Areas: Securities Litigation | Antitrust and Competition Law Concentration: Commercial litigation, securities litigation and arbitration Summary: Michael Massengale primarily represents clients in business trial matters. He has taken part in a number of trials and injunction hearings in Texas and Delaware courts. Mr. Massengale's active trial practice includes arbitrations. Since 2002 he has represented clients in nine trials in Texas courts, seven of them jury trials, and three arbitrations before the National Association of Securities Dealers. The clients he advises include regulated utilities, energy concerns, oil and gas companies, and financial advisors. Following graduation from law school, Mr. Massengale served as a law clerk to Judge Harold R. DeMoss Jr. of the United States Court of Appeals for the Fifth Circuit. Representative Engagements CenterPoint Energy, Inc. – multiple lawsuits involving commercial and tort claims, including six cases tried to jury verdicts in Texas state courts ASARCO LLC – fraudulent transfer and breach of fiduciary duty litigation Pennzoil-Quaker State Company – multiple lawsuits, including second-chair representation of board of directors during three- week trial of shareholder suit challenging the Shell/Pennzoil merger (favorable jury verdict, no breach of fiduciary duties), and an antitrust suit against subsidiary MEDO Industries Texas Genco – multiple lawsuits involving commercial and personal injury claims, including shareholder litigation arising from the sale of the company Reliant Energy, Inc. – multiple lawsuits involving commercial claims Conoco Inc. – private arbitration and litigation before the Delaware Court of Chancery, Superior Court, and Supreme Court Landry's Restaurants, Inc. – contract dispute litigated before the Delaware Court of Chancery Special committee litigation – representation of the special committees of Plains Resources, Pure Resources, and Chaparral Resources in separate disputes before the Delaware Court of Chancery arising from tender offers to acquire the outstanding publicly traded shares of the companies at issue NASD arbitrations – representation of various banks and financial advisors in disputes involving enforcement of an arbitration agreement, an investor's allegations that he received oral promises of positive returns, and contract dispute over an alleged oral compensation agreement Pro bono matters – preparation of briefing to the United States Supreme Court on behalf of a prisoner (petition for writ of certiorari) and amici curiae prosecutors' associations (briefs in support of successful petition for writ of certiorari and on merits in support of successful petitioner); representation of children in various matters, including the handling of a student's First Amendment complaint against a public school; representation of a church and a nonprofit corporation with respect to threatened tax foreclosures Publications, Speeches, and Presentations Panelist, Decisions From the 2003-2004 United States Supreme Court Term, the Federalist Society, Houston, July 2004 "Riotous Uncertainty: A Quarrel With the 'Commentators' Rule' Against Section 1441(c) Removal for Counterclaim, Cross- Claim, and Third-Party Defendants," Texas Law Review, 1997 MIKE MASSENGALE - PERENNIAL RISING STAR: ATTORNEY PROFILE ON www.superlawyers.com Michael C. Massengale Michael Massengale Baker Botts L.L.P. One Shell Plaza, 910 Louisiana Street Houston, TX 77002 US Practice areas: Business Litigation (50%), Securities Litigation (30%), Civil Litigation Defense (20%) Law School: The University of Texas School of Law -------------------------------------------------------------------------------- Selected to: Texas Rising Stars 2009 Texas Rising Stars 2008 Texas Rising Stars 2007 Texas Rising Stars 2006 Texas Rising Stars 2005 Texas Rising Stars 2004 -------------------------------------------------------------------------------- Michael C. Massengale: DIRECTORY LISTINGS Justia Legal Services & Lawyer listing SOCIAL MEDIA: LinkedIN Profile http://www.linkedin.com/pub/michael-massengale/10/726/259 POLITICAL CAMPAIGN CONTRIBUTIONS Michael Massengale Contribution List in 2008 Name & Location Employer/Occupation MASSENGALE, MICHAEL C HOUSTON, TX 77008 BAKER BOTTS, LLP/ATTORNEY Dollar Amount: $1,000 Date 3/21/2008 Contributed to: TEXANS FOR SENATOR JOHN CORNYN INC. - Republican Source: http://www.campaignmoney.com/political/contributions/michael-massengale.asp?cycle=08 Also see Appellate Record of Predecessor: --> 2009 Tim Taft Opinions | 2008 Opinions by Justice Timothy Taft in Civil Appeals |