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 Bland

Chief Justice Radack took the helm on the First Court of Appeals
after having first served as an associate justice. She was appointed
to both positions by Governor Rick Perry to fill vacancies. Justice
Radack was previously a trial lawyer and a district court judge. She
has an undergraduate degree from Rice University, and earned her
JD at the University of Houston Law Center.
In Fiscal Year 2006 Chief Justice Radack authored 132 opinions,
only two of which were separate opinions expressing some
disagreement with the majority, but concurring in the result. Justice
Radack issued no dissenting opinions. About half of Chief Justice
Radack’s opinions were signed, and half were per curiam opinions.
Chief Justice Radack’s current term will end in 2010.

Find more judge and court information
at the Houston-Opinions Home Page
2008 Civil Case Opinions by Houston Appeals Court Justice
Sherry Radack, Chief Justice of the First Court of Appeals

2008 Opinions by Chief Justice Radack in Civil Cases
---> See more recent opinions written by Chief Radack

Crowden v. DFPS (Tex.App.- Houston [1st Dist.] Jan. 29, 2009)(Radack) (termination of parental rights, jury
trial) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack  
Before Chief Justice Radack, Justices Nuchia and Higley
01-07-00025-CV Michelle Haufrect Crowden v. Department of Family and Protective Services
Appeal from 328th District Court of Fort Bend County
Trial Court Judge: Hon. Ronald R. Pope  

Stanford Dev. Corp. v. Stanford Condo Owners Ass'n (Tex.App.- Houston [1st Dist.] Jan 29, 2009)(Radack)
(
arbitration, non-signatory, condo association's standing to sue on behalf of members, bound by arb
agreement)REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Chief Justice Radack  
Before Chief Justice Radack, Justices Nuchia and Higley
01-08-00240-CV Stanford Development Corporation v. Stanford Condominium Owners Association
Appeal from 333rd District Court of Harris County
Trial Court
Judge: Hon. Joseph Halbach  

Fletcher v. DFPS (Tex.App.- Housotn [1st Dist.] Jan. 8, 2009)(Radack) (termination of parental rights)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack  
(Before Chief Justice Radack, Justices Nuchia and Higley
01-08-00052-CV        C.Y. Fletcher v. Department of Family and Protective Services
Appeal from 328th District Court of Fort Bend County
Trial Court Judge: Hon. Ronald Pope

Williams v. Jackson (Tex.App.- Houston [1st Dist.] Nov. 6, 2008)(opinion on rehearing by Radack)
(
attorney fee litigation, breach not excused)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack  
Before Chief Justice Radack, Justices Nuchia and Higley
01-07-00850-CV  Charlie C. Williams v. Freddie N. Jackson
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court
Judge: Hon. Roberta A. Lloyd

Ross v. Nicon Construction, Inc. (Tex.App.- Houston [1st Dist.] Nov. 6, 2008)
(
interlocutory appeal, special appearance)
AFFIRM TC JUDGMENT: Opinion by
Chief Justice Radack  
Before Chief Justice Radack, Justices Nuchia and Higley
01-08-00228-CV  Thomas A. Ross d/b/a RHI Claims Specialist v. Nicon Construction, Inc.
Appeal from 151st District Court of Harris County
Trial Court
Judge: Hon. Caroline E. Baker

Gellien v. Federal Home Loan Mortgage Corp (Tex.App.- Houston [1st Dist.] Oct. 23, 2008)(Radack)
(
foreclosure, eviction, forcible entry and detainer, FE&D, order of possession appeal)
DISMISS APPEAL: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Nuchia and Higley
01-07-00075-CV Joseph and Adrienne Gallien v. Federal Home Loan Mortgage Corporation
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court Judge:
Hon. Gary Michael Block

Williams v. Jackson (Tex.App.- Houston [1st Dist.] Oct. 9, 2008)(Original, superseded, opinion by Radack)
(
attorney fee dispute, sworn account suit, no duress, no excuse to payment of attorney's fees per
agreement)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack  
Before Chief Justice Radack, Justices Nuchia and Higley
01-07-00850-CV Charlie C. Williams v. Freddie N. Jackson
Appeal from Co Civil Ct at Law No 4 of Harris County
Trial Court Judge:
Hon. Roberta A. Lloyd  

Speedemissions, Inc. v. Capital C Enterprises, Ltd (Tex.App.- Houston [1st Dist.] Aug 28, 2008)(Radack)
(summary judgment, tortious interference with business relationship, breach of fiduciary duty)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER JUDGMENT:
Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Jennings and Bland
01-07-00400-CV   Speedemissions, Inc. v. Capital C Enterprises, Ltd., Capital C Management, L.L.C., and
Jason B. Cobb
Appeal from 113th District Court of Harris County
Trial Court
Judge: Hon. Patricia Hancock

Randall's Food and Drugs, LP v. Patton (Tex.App.- Houston [1st Dist.] Aug 21,2008)(Radack)
(
lease law commercial, sublease, duty to mitigate damages, anticipatory repudiation)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack  
Before Chief Justice Radack, Justices Keyes and Higley
01-06-00821-CV Randall's Food and Drugs, L.P. v. Bill Patton d/b/a Linux Professional Group
Appeal from Civil County Court at Law No 4 of Harris County
Trial Court
Judge: Hon. Roberta A. Lloyd  

CenterPoint Energy Houston Electric LLC V Bluebonnet Drive, Ltd. (Tex.App.- Houston [1st Dist.] July 31,
2008)(Radack) (
interpretation of easement, new cell phone technology vs. telephone and telegraph wires
in 1929)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Chief Justice Radack  
Before Chief Justice Radack, Justices Nuchia and Keyes
01-07-00734-CV        CenterPoint Energy Houston Electric LLC and SprintCom, Inc. v. Bluebonnet Drive,
Ltd., and Petro-Guard Company, Inc.
Appeal from 333rd District Court of Harris County
Trial Court
Judge: Hon. Joseph Halbach

In Re Bison Building Materials (Tex.App.- Houston [1st Dist.] June 26, 2008)(Radack) (opinion in pdf)
(
arbitration mandamus, employment, workplace injury, no waiver of right to arbitrate found)
GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Chief Justice Radack  
Before Chief Justice Radack, Justices Alcala and Bland
01-07-00003-CV        In re Bison Building Materials, Ltd.
Appeal from 212th District Court of Galveston County
Trial Court
Judge: Hon. Susan Elizabeth Criss
DISMISS APPEAL: Opinion by Chief Justice Radack  
Before Chief Justice Radack, Justices Alcala and Bland
01-07-00029-CV        
Bison Building Materials, Ltd. v. Tracy Sambrano
Appeal from 212th District Court of Galveston County

TDPS v. Varme (Tex.App.- Houston [1st Dist.] June 19, 2008)(Radack) (drivers' license suspension)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Alcala and Higley
01-06-00874-CV Texas Department of Public Safety v. Byron Kahrs Varme
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court
Judge: Hon. Gary Michael Block  

Supkis v. Madison Place Homeowners Ass'n (Tex.App.- Houston [1st Dist.] June 19, 2008)(Radack)
(
homeowner's law, rule against perpetuities not violated)  
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Jennings and Bland
01-07-00573-CV James L. Supkis v. Madison Place Homeowners Association, Inc.
Appeal from 133rd District Court of Harris County
Trial Court
Judge: Hon. Lamar McCorkle  

Poledore v. Fraley (Tex.App.- Houston [1st Dist.] June 19, 2008)(Radack)
(
TTCA, prisoner suit against appointed attorney for malpractice, NE-SJ reversed)  
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Chief
Justice Radack
Before Chief Justice Radack, Justices Keyes and Hanks
01-07-00583-CV Dennis James Poledore, Jr. v. Frank J. Fraley
Appeal from 268th District Court of Fort Bend County
Trial Court Judge: Hon. Brady G. Elliott  

Hartford Fire Ins. Co. v. C. Springs 300, Ltd. (Tex.App.- Houston [1st Dist.] May 29, 2008)(Radack)
(
construction law, bonding)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Chief Justice Radack  
Before Chief Justice Radack, Justices Alcala and Bland
01-06-00065-CV Hartford Fire Insurance Company v. C. Springs 300, Ltd.
Appeal from 270th District Court of Harris County
Trial Court
Judge: Hon. Brent Gamble  

TDCJ v. Jackson (Tex.App.- Houston [1st Dist.] May 29, 2008)(Radack) (government entities, prisoner suit,
defendant prevails with
immunity plea on appeal)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Chief Justice Radack  
Before Chief Justice Radack, Justices Jennings and Bland
01-07-00477-CV Texas Department of Criminal Justice v. Donald C. Jackson
Appeal from 412th Judicial District Court of Brazoria County
Trial Court Judge: The Honorable W. Edwin Denman  

Gordon v. Jones (Tex.App.- Houston [1st Dist.] May 29, 2008)(Radack) (real estate law, trespass to try title
action, TTTT, multiple appeals)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Jennings and Bland
01-07-00500-CV Ronald X. Gordon v. Mildred Jones
Appeal from 268th District Court of Fort Bend County
Trial Court Judge: Hon. Brady G. Elliott  

Adebo v. Litton Loan Servicing, LP (Tex.App. - Houston [1st Dist.] May 29, 2008)(Radack) (real estte law,
no wrongful foreclosure)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack  
Before Chief Justice Radack, Justices Keyes and Higley)
01-07-00708-CV Adekunle Adebo v. Litton Loan Servicing, L.P.
Appeal from 189th District Court of Harris County
Trial Court
Judge: Hon. William R. Burke, Jr.  

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  

Mbonu v. Office of the Attorney General (Tex.App.- Houston [1st Dist.] May 22, 2008)(Radack)
(
family law, paternity, retroactive child and medical support, restricted appeal of UIFSA judgment fails)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack  
Before Chief Justice Radack, Justices Jennings and Bland
01-07-00659-CV Chike Rapulueke Mbonu v. Office of the Attorney General
Appeal from 328th District Court of Fort Bend County
Trial Court Judge: Hon. Ronald R. Pope  
Attorneys: John Oghenewoke Mukoro | AAGs: Martin J. Grimm   Rande K. Herrell,  John B. Worley,  Michael
D. Becker

Capital Finance & Commerce AG v. First International Oil (Tex.App.- Houston [1st Dist.] May 22,
2008)(Radack) (
foreign defendant, interlocutory appeal of special appearance)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack  
Before Chief Justice Radack, Justices Hanks and Higley
01-06-00822-CV Capital Finance & Commerce AG v. First International Oil Corporation n/k/a First
International Oil Co., Ltd; FIOC Holder Representative, L.L.C.; Daniel Idzal; Bill D. Holland; Dennis B. Tower;
and Sinopec Overseas Oil & Gas, Ltd.--Appeal from 55th District Court of Harris County
Trial Court Judge: The
Honorable Jeffrey Vince Brown  

Blitz Holding Corp. v. Grant Thornton, LLP (Tex.App. - Houston [1st Dist.] May 8, 2008)(Opinion on
rehearing by Radack) (investments, debt restructuring,
promissory note, foreclosure, proof of damages)
(Justice Alcala
recused)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justice Jennings
01-04-00627-CV Blitz Holdings Corp., and GMC Corporation, Ltd v. Grant Thornton, LLP, Deloitte &
Touche, LLP, Chamberlain, Hrdlicka, White, Williams & Martin, LLP and C. Thomas Scott
Appeal from 208th District Court of Harris County, according to docket (should be 280th District, though)
Trial Court
Judge: Hon. Tony Lindsay

Mann v. HCAD (Tex. App. - Houston [1st Dist.] Apr. 17, 2008)(Radack)
(
tax appeal, unequally and excessively appraised, SJ for taxing authorities affirmed, no due process
violation)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack  
Before Chief Justice Radack, Justices Jennings and Bland
01-07-00436-CV Paul M. Mann and Carolyn S. Mann v. Harris County Appraisal District and the Appraisal
Review Board of Harris County Appraisal District Appeal from 280th District Court of Harris County
Trial Court Judge:
Hon. Tony Lindsay

Koll Bren Fund VI LP v. HCAD (Tex.App.- Houston [1st Dist.] Feb. 28, 2008) (Radack) (property tax protest,
tax appeal, judicial review, standing, exhaustion of administrative remedies)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Jennings and Bland
01-07-00321-CV Koll Bren Fund VI LP and Hartman 3100 Weslayan Acquisitions, LP v. Harris County
Appraisal District and The Appraisal Review Board of Harris County Appraisal District
Appeal from 113th District Court of Harris County (
Judge Hon. Patricia Hancock)

Also see --> 2007 Opinions Authored by Justice Radack
2009 Opinions Written by Justice Sherry Radack