Recent Opinions Authored by the Hon. Charles Seymore in Civil Appeals (Tex.App.- Houston [14th Dist.] 2010) Also see --> 2009 Seymore Opinions in Civil Appeals | 2008 Civil Appellate Opinions by Justice Seymore | 2007 Seymore Opinions Justice Seymore Expresses Public Policy Concerns over Enforcement of Arbitration Agreement in Attorney-Client Disputes Pham v. Letney (Tex.App.- Houston [1st Dist.] March 4, 2010)(Hedges) (arbitration agreement in legal services contract between lawyer and client enforced by mandamus, interlocutory appeal of order denying motion to compel arbitration dismissed, FAA applied, TAA would be preempted) INTERLOCUTORY APPEAL DISMISSED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Seymore and Justice Sullivan 14-08-01153-CV Steven Tuan Pham v. Shelly Letney Appeal from 215th District Court of Harris County Trial Court Judge: Levi James Benton Dissenting Opinion by Justice Seymore in Pham v. Letney (In consideration of the unique relationship between attorney and client, Justice Seymore writes dissent to articulate his concern about mandatory arbitration provisions in attorney-client agreements) In re Tuam Pham (pdf) (Tex.App.- Houston [1st Dist.] March 4, 2010)(Hedges) MOTION OR WRIT GRANTED: Opinion by Chief Justice Adele Hedges Before Chief Justice Hedges, Justices Seymore and Sullivan 14-09-00387-CV In Re Steven Tuam Pham Appeal from 215th District Court of Harris County Dissenting Opinion by Justice Seymore In re Tuam Pham (pdf) WTG Gas Processing, LP v. ConocoPhillips Company (pdf) (Tex.App.- Houston [14th Dist.] Mar. 2, 2010) (Corrected superseding opinion by Seymore) AFFIRMED: Opinion by Justice Seymore Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00019-CV WTG Gas Processing, LP v. ConocoPhillips Company, Targa Field Services, LLC, Targa Resources Texas GP LLC, Targa Resouces, Inc., Targa Texas Field Services, Lp and Warburg Pincus, LLC Appeal from 333rd District Court of Harris County Trial Court Judge: Joseph J. ("Tad") Halbach WTG Gas Processing, LP v. ConocoPhillips Company (Tex.App.- Houston [14th Dist.] Feb. 23, 2010)(Original, superseded opinion by Seymore) (cross appeals, breach of contract and tortious-interference claims, no contract formed, statute of frauds, summary judgment affirmed) AFFIRMED: Opinion by Justice Seymore Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00019-CV WTG Gas Processing, LP v. ConocoPhillips Company, Targa Field Services, LLC, Targa Resources Texas GP LLC, Targa Resouces, Inc., Targa Texas Field Services, Lp and Warburg Pincus, LLC Appeal from 333rd District Court of Harris County Trial Court Judge: Joseph J. Halbach In Re Continental Airlines, Inc. (Tex.App. - Houston [14th Dist.] Feb. 4, 2010)(Seymore) (mandamus relief granted to quash apex disposition) The trial court abused its discretion by compelling the apex deposition of Larry Kellner. Accordingly, we conditionally grant Continental’s petition and direct the trial court to set aside its October 26, 2009 order compelling Kellner’s deposition. MOTION OR WRIT GRANTED: Opinion by Justice Seymore Before Chief Justice Hedges, Justices Seymore and Sullivan 14-09-00952-CV In Re Continental Airlines, Inc. Appeal from 11th District Court of Harris County Trial Court Judge: Mike Miller Silas v. St. Lukes' Episcopal Properties Corp. (Tex.App.- Houston [14th Dist.] Jan. 28, 2010)(Seymore) (summary judgment against res ipso loquitur premises liability claim affirmed, no proof of knowledge) AFFIRMED: Opinion by Justice Seymore Before Chief Justice Hedges, Justices Seymore and Sullivan 14-08-00353-CV Kimberly Silas v. St. Luke's Episcopal Properties Corporation and The Women's Specialist of Houston, PLLC Appeal from 234th District Court of Harris County Trial Court Judge: Reese Rondon In re Vossdale Townhouse Ass'n (Tex.App.- Houston [14th Dist.] Dec. 29, 2009)(Seymore) (sanctions for discovery abuse, attorney disqualification not authorized as sanction, fundamental right to their counsel of choice)(mandamus granted) In the petition, relators ask this Court to compel the Honorable Mike Engelhart, presiding judge of the 151st District Court of Harris County, to set aside his February 4, 2009 order removing relators’ attorney from representation of them in the underlying case. We conditionally grant the petition, in part, and deny it, in part. An order directing that counsel may no longer represent his clients in the subject litigation is not among those sanctions enumerated in Rule 215.2(b). GRANTED IN PART AND DENIED IN PART: Opinion by Justice Seymore Before Chief Justice Hedges, Justices Seymore and Sullivan 14-09-00723-CV In Re Vossdale Townhouse Association, Inc.; John B. Baird, as President of the Vossdale Townhouse Association, Inc., and Individually; and Pauletta Gwen Holley Gilbert, as Secretary of the Vossdale Townhouse Association, Inc., and Individually Appeal from 151st District Court of Harris County Trial Court Judge: Mike Engelhart Skylane West Ltd. v. HCAD (pdf) (Tex.App.- Houston [14th Dist.] Dec. 22, 2009) (Seymore) (plea to the jurisdiction, lack of standing, not property owner, thus no standing to litigate) (trial court properly concluded it lacked subject-matter jurisdiction over the claims of all appellants) AFFIRMED: Opinion by Justice Seymore Before Justices Seymore, Brown and Sullivan 14-08-00507-CV Skylane West Ltd., Houston Skylane One LLC a/k/a Skylane West Ltd., an Skylane West Apartments, as the Property Owners and the Property Owners v. Harris County Appraisal District Appeal from 113th District Court of Harris County Trial Court Judge: Patricia Ann Hancock DL Louetta Village Square LP v. HCAD (pdf) (Tex.App.- Houston [14th Dist.] Dec. 22, 2009)(Seymore) (dismissal for lack of standing affirmed)(before use of a common name is adequate to justify substitution under Rule 28, a party must show it was in fact doing business under that common name, dba) AFFIRMED: Opinion by Justice Seymore Before Justices Seymore, Brown and Sullivan 14-08-00549-CV DL Louetta Village Square LP and JL Louetta Village Square LP a/k/a Nomura Credit Capital Inc as the Property Owners and the Property Owners v. Harris County Appraisal District Appeal from 280th District Court of Harris County Trial Court Judge: Tony Lindsay Azad v. Aaron Rents Inc.(pdf)(Tex.App.- Houston [14th Dist.] Dec. 17, 2009)(Seymore) (commercial lease case, attorney's fees) AFFIRMED: Opinion by Justice Seymore Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-01087-CV Hardam S. Azad and Manohar S. Mann v. Aaron Rents Inc. d/b/a Aaron Rents, Inc d/b/a Texas Aaron Rents, Inc Appeal from 333rd District Court of Harris County Trial Court Judge: Joseph J. Halbach Ex Parte S.C. (pdf)(Tex.App.- Houston [14th Dist.] Dec. 8, 2009)(Seymore)(expunction appeal) Appellant, Texas State Securities Board appeals from an expunction order concerning files and records relating to appellee, S. C. In its sole issue, the Board contends the order is broader than authorized by the statute governing expunction. Because we agree, we modify the order and affirm as modified. AFFIRMED AS MODIFIED: Opinion by Justice Seymore Before Justices Seymore, Brown and Boyce 14-08-00381-CV Ex Parte S.C Appeal from 189th District Court of Harris County Trial Court Judge: Bill Burke City of Alvin v. Zindle (pdf) (Tex.App.- Houston [14th Dist.] Dec. 8, 2009) (oil and gas law, mineral estate, tax lien foreclosure) AFFIRMED AS MODIFIED: Opinion by Justice Seymore Before Chief Justice Hedges, Justices Seymore and Sullivan 14-08-00458-CV City of Alvin v. Sallie Zindle Appeal from 239th District Court of Brazoria County Trial Court Judge: Hon. Patrick Edward Sebesta Walker v. Rangel (pdf) (Tex.App.- Houston [14th Dist.] Dec. 3, 2009)(Seymore) (admission and exclusion of evidence, harm analysis) (A jury found Rangel’s negligence did not proximately cause the accident. Walker now appeals, contending the trial court erred in admitting opinion testimony of Senior Police Officer Daryl Woods of the Houston Police Department and Rangel’s accident reconstruction expert, Dale King. After a thorough review of the appellate record, we conclude the trial court erroneously admitted testimony) (harm analysis re admission/exclusion of evidence) REVERSED AND REMANDED: Opinion by Justice Seymore Before Chief Justice Hedges, Justices Seymore and Sullivan 14-08-00643-CV Juanita Walker v. April Rangel Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Roberta Anne Lloyd Also see --> 2009 Civil Appellate Opinions by Justice Seymore OPINION OUTPUT: In FY 2008, which ended August 31, 2009, Justice Charles W. Seymore authored 130 of the Fourteenth Court of Appeals' 1199 opinions. 65 on these were signed opinions on the merits, 61 per curiam opinion, and four other opinions. Justice Seymore penned one dissenting and one concurring opinion. Also see --> 2008 Civil Case Opinions by Justice Seymore Also see --> 2007 Opinions by Justice Seymore in Civil Appeals . |
| Appellate Opinions by Justice Charles Seymore (Tex.App.- Houston [14th Dist.] 2010) Houston Opinions |
