Opinions by Other Justices
of the
First Court of Appeals,  
sitting in Houston, Texas

Chief Justice Sherry Radack
Justice Tim Taft (resigned 2009)
Justice Jim Sharp
Justice Sam Nuchia (former)
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. Radack is a Republican.
In Fiscal Year 2008-09 Chief Justice Radack authored 131 opinions,
74 signed opinions on the merits and 57 per curiam opinions. Radack
did not write any dissenting or concurring opinion that year.

Chief Justice Radack’s current term will end in 2010.
2010 Judicial candidates: Incumbent Sherry Radack (R)
Morris Overstreet (D) (both parties' primaries uncontested)
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Recent Opinions by Houston Appeals Court Justice
Sherry Radack, Chief Justice of the First Court of Appeals

Recent Opinions by Chief Justice Radack in Civil Appeals
Also see --> 2009 Opinions by Chief Justice Sherry Radack in Civil Cases
Also see --> 2008 Civil Appellate Opinions by Chief Radack

Clear Lake City Water Authority v. MCR Corporation, (Tex.App.- Houston [1st Dist.] Mar. 11, 2010)(Radack)  
(
interlocutory appeal from order denying plea to the jurisdiction on governmental immunity grounds, legis
waived immunity)
This case arises from a contract dispute between a water authority and a developer. When the developer
brought suit asserting breach of contract, the water authority asserted governmental immunity from suit. By
interlocutory appeal, the water authority now challenges the trial court's
order denying its plea to the
jurisdiction. Concluding that the Texas Legislature waived the water authority's immunity from suit under
section 271.152 of the Texas Local Government Code, we affirm the trial court's order.
AFFIRM TRIAL COURT JUDGMENT: Opinion by Chief Justice Radack     
Before Chief Justice Radack, Justices Alcala and Higley   
01-08-00955-CV  Clear Lake City Water Authority v. MCR Corporation    
Appeal from 333rd District Court of Harris County
Trial Court Judge:
Hon. Joseph Halbach  

Thomas v Radioshack Corp. (Tex.App.- Houston [1st Dist.] Mar. 4, 2010)(Radack)
(
request for jury trial, motion for continuance properly denied, oral motion to continue trial date was
insufficient)
AFFIRM TRIAL COURT JUDGMENT: Opinion by
Chief Justice Radack    
Before Chief Justice Radack, Justices Alcala and Higley    
01-08-00400-CV  Arva Thomas v. Radioshack Corporation d/b/a Radioshack #8002 and Danica Reyes,
Employee in her Official and Individual Capacity    
Appeal from 11th District Court of Harris County  
Trial Court Judge:
Hon. Mark Davidson   

Straus v. Auto Management, Inc. (Tex.App.- Houston 1st Dist] Jan 28, 2010)(Radack)
(
successful pro se appeal)(DWOP dismissal for want of prosecution reversed, trial court did not give
adequate notice of intent to dismiss for want of prosecution)
REVERSE TRIAL COURT JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by
Chief Justice Radack     
Before Chief Justice Radack, Justices Alcala and Higley   
01-07-00158-CV  Robert Straus d/b/a/ Bob Straus Photography v. Auto Management, Inc.    
Appeal from 151st District Court of Harris County  
Trial Court Judge:  
Hon. Caroline E. Baker  

Demby v. Rivers (pdf)(Tex.App.- Houston [1st Dist.] Dec. 3, 2009)(Radack)
(jury's verdict awarding appellee damages for
personal injuries he sustained as a result of the collision;
evidence is legally and factually sufficient to support the damage award as to loss of physical capacity)
AFFIRM TRIAL COURT JUDGMENT: Opinion by Chief Justice Radack  
Before Chief Justice Radack, Justices Bland and Massengale    
01-08-00965-CV  Yanetta Demby v. Lamachus Rivers    
Appeal from
125th District Court of Harris County  

In re Houston Auto M. Importers North, Ltd. (pdf) (Tex.App.- Houston [1st Dist.] Dec. 3, 2009)(Radack)  
(
Mandamus granted re: order denying motion to compel arbitration)
GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Chief Justice Radack  
Before Chief Justice Radack, Justices Bland and Massengale    
01-09-00625-CV        In re Houston Auto M. Importers North, LTD. D/B/A Mercedes-Benz of Houston North    
Appeal from 133rd District Court of Harris County
Trial Court Judge:
Jaclanel M. McFarland

Hines v. DFPS (Tex.App.- Houston [1st Dist.] Dec. 3, 2009)(Radack)
(
termination of parental rights affirmed)     
AFFIRM TRIAL COURT JUDGMENT: Opinion by
Chief Justice Radack  
Before Chief Justice Radack, Justices Bland and Massengale    
01-08-00045-CV        Larry Wayne Hines v. Department of Family and Protective Services    
Appeal from 314th District Court of Harris County


Also see --> 2009 Opinions by Chief Justice Radack in Civil Cases
2008 Opinions by Chief Justice Radack in Civil Cases
2007 Civil Case Opinions Authored by Chief Justice Radack
Future Seat of the Houston Court of Appeals Old Harris County Civil Courthouse
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 Christopher, Tracy
Justice Edelman, Richard (former)
Justice Fowler, Wanda (former)
Justice Frost, Kem Thompson
Justice Guzman, Eva
Justice Hanks, George C., Jr.
Chief Justice Hedges, Adele
Justice Higley, Laura Carter
Justice Hudson, Harvey J. (former)
Justice Jennings, Terry
Justice Keyes, Evelyn
Justice Massengale, Michael
Justice Mirabal, Margaret (visiting)
Justice Nuchia, Sam (former)
Chief Justice Radack, Sherry
Justice Seymore, Charles
Justice Sharp, Jim
Justice Sullivan, Kent
Justice Taft, Timothy (Tim)(former)
Justice Yates, Leslie Brock

Also see --> General Information on
Houston Courts of Appeals, Appellate
Judges, and 2008 Judicial Elections   

Houston Courts & Cases Blog