CIVIL CASES WITH OPINIONS BY HON. KENT C. SULLIVAN
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OPINIONS IN CIVIL APPEALS WRITTEN BY JUSTICE KENT SULLIVAN
Also see --> 2010 Sullivan Opinions
In re John Doe (Tex.App. - Houston [14th Dist.] Dec. 30, 2009)(Minimalist opinion Sullivan)
(mandamus regarding motion for stay denied)
MOTION OR WRIT DENIED: Opinion by Justice Sullivan
Before Justices Frost, Boyce and Sullivan
14-09-01050-CV In Re John Doe and Jane Doe, Individually and a/n/f James Doe, a minor
Appeal from 80th District Court of Harris County
Trial Court Judge: Larry Weiman
Cherokee County Cogeneration Partners, LP v. Dynegy Marketing and Trade, Dynegy GP, Inc., (pdf)
(Tex.App.- Houston [14th Dist.] Dec. 22, 2009)(Sullivan)(oil and gas law, commercial contract dispute, direct
vs. consequential damages)
This commercial dispute arises from a natural-gas seller’s failure to deliver an agreed quantity of gas to the purchaser,
appellant Cherokee County Cogeneration Partners, L.P. (“Cherokee”). The seller, appellee Dynegy Marketing and Trade,[1]
successfully moved for summary judgment by arguing Cherokee seeks only consequential “lost profits” damages disclaimed
by the parties’ contract. We hold Cherokee has alleged compensable direct damages under the contract. Therefore, we
reverse and remand. ... because the damages Cherokee seeks under Section 5.2 represent direct, not consequential
damages, they are not disallowed by Section 5.4. Accordingly, Cherokee has pleaded compensable damages in its suit
against Dynegy, and the trial court’s summary judgment therefore must be reversed.
REVERSED AND REMANDED: Opinion by Justice Sullivan
Before Chief Justice Hedges, Justices Hudson and Sullivan
14-08-00086-CV Cherokee County Cogeneration Partners, LP v. Dynegy Marketing and Trade, Dynegy GP,
Inc., DMT Holdings, LP, DMT G.P., LLC and Chevron U.S.A. Inc.
Appeal from 55th District Court of Harris County
Trial Court Judge: Jeff Brown
Keys v. Litton Loan Servicing LP (Tex.App.- Houston [14th Dist.] Nov. 24, 2009)(Sullivan)
(property foreclosure dispute, attorney's fees remanded)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Sullivan
Before Chief Justice Hedges, Justices Brock Yates and Sullivan
14-07-00809-CV Patrick William Keys v. Litton Loan Servicing L.P, Et Al
Appeal from 129th District Court of Harris County
Trial Court Judge: Samuel Grant Dorfman
Melawer v. Tipton (Tex.App.- Houston [14th Dist.] Oct. 29, 2009)(Sullivan) (attempted appeal arises from a
lawsuit originally filed in small claims court; dismissed for lack of appellate jurisdiction under law in effect prior
to recent enactment permitting appeal)
DISMISSED-WANT OF JURISDICTION: Opinion by Justice Sullivan
Before Chief Justice Hedges, Justices Seymore and Sullivan
14-08-00721-CV Abraham Melawer v. Robert S. Tipton
Appeal from County Court of Shelby County
Trial Court Judge: Judge Shelby County
Diaz v. DTC West Tidwell Corp. (Tex.App.- Houston [14th Dist.] Oct. 8, 2009)(Sullivan)
(deadly shooting at carwash, no premises liability, killing not forseeable)
AFFIRMED: Opinion by Justice Sullivan
Before Justices Seymore, Brown and Sullivan
14-08-00402-CV Pedro Santiago Diaz, Jerry Diaz, as surviving child of Pedro Santiago Diaz, Yvette Mercado,
as surviving child of Pedro Santiago Diaz, and as adminstrator of the Estate of Pedro Diaz and MIchelle Diaz,
as surviving child of Pedro Santiago Diaz v. DTC West Tidwell Corporation, DBA U.S. Auto Wash
Appeal from 234th District Court of Harris County
Trial Court Judge: Reese Rondon
City of Pasadena, Texas v. Belle (Tex.App.- Houston [14th Dist.] Oct. 1, 2009)(Sullivan)
(collision involving emergency vehicle) (plea to the jurisdiction properly denied, official immunity not
established)
AFFIRMED: Opinion by Justice Sullivan
Before Rondon, Justices Seymore and Sullivan
14-08-00531-CV City of Pasadena, Texas v. Steven Belle and James West
Appeal from 61st District Court of Harris County
Trial Court Judge: John J. Donovan
Hawkins, MD v. Herrera (Tex.App.- Houston [14th Dist.] Sep. 22, 2009)(Sullivan) (interlocutory appeal of
denial of motion to dismiss in med-mal suit; failure to preserve error by obtaining a ruling from the trial court)
AFFIRMED: Opinion by Justice Sullivan
Before Chief Justice Hedges, Justices Seymore and Sullivan 14-09-00142-CV Kimberly Hawkins, M.D. v.
Alberto and Amy Herrera as next friends of Tiana Herrera, A Minor
Appeal from 80th District Court of Harris County
Trial Court Judge: Larry Weiman
Brazoria County v. Gelder (Tex.App.- Houston [14th Dist.] Sep. 17, 2009) (Sullivan)
(Texas Tort Claims Act, dangerous road condition, no waiver of immunity)
REVERSED AND RENDERED:
Opinion by Justice K. Sullivan
Before Justices Seymore, Brown and Sullivan
14-08-01092-CV Brazoria County v. Kym Van Gelder
Appeal from 239th District Court of Brazoria County
Trial Court Judge: Patrick Edward Sebesta
MBP Corp. v. Board of Trustees of the Galveston Wharves (Tex.App.- Houston [14th Dist.] Sep. 17, 2009)
(Sullivan) (takings claim rejected, governmental immunity, waiver-by-conduct exception rejected)
AFFIRMED: Opinion by Justice Sullivan
Before Justices Hudson, Guzman and Sullivan
14-07-01064-CV MBP Corp. v. Board of Trustee of the Galveston Wharves; and The Galveston Port
Facilities Corporation Appeal from 212th District Court of Galveston County
Trial Court Judge: Susan Elizabeth Criss
Lefoumba v. Legend Classic Homes, Ltd (Tex.App.- Houston [14th Dist.] Sep. 17, 2009) (Sullivan)
(challenge to arbitration award that reduced attorney's fees rejected) )(confirmation / modification / vacature
of arb award entered under the FAA)
AFFIRMED: Opinion by Justice Sullivan
Before Justices Seymore, Brown and Sullivan
14-08-00243-CV Claude Lefoumba v. Legend Classic Homes, LTD and Legend Home Corp.
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court Judge: Jacqueline Lucci-Smith
Southern Chemical Corp. v. Celanese, Ltd. (Tex.App.- Houston [14th Dist] Sep. 10, 2009)(Sullivan)
(contract interpretation, contract ambiguous, ambiguity creates fact issue which is not proper for resolution by
summary judgment; summary judgment reversed and case remanded for further proceedings)
REVERSED AND REMANDED: Opinion by Justice Sullivan
Before Justices Seymore, Brown and Sullivan
14-08-00348-CV Southern Chemical Corporation v. Celanese, LTD
Appeal from 190th District Court of Harris County
Trial Court Judge: Patricia J Kerrigan
Virginia Power Energy Marketing, Inc v. Apache Corp. (Tex.App.- Houston [14th Dist.] Aug. 6, 2009 (Sullivan)
(dispute involves the application and effect of force majeure provisions in a natural-gas supply contract,
contract construction, excuse for nonperformance) (fact issue precludes summary judgment)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Sullivan
Before Justices Brock Yates, Guzman and Sullivan
14-07-00787-CV Virginia Power Energy Marketing, Inc and Dominion Resources, Inc v. Apache Corporation
Appeal from 157th District Court of Harris County
Trial Court Judge: Randy Wilson
North Cypress Med. Ctr. Operation Co, Ltd. v. Laurent, MD (Tex.App.- Houston [14th Dist.] Aug. 4, 2009)
(Sullivan) (interlocutory appeal of temporary injunction, no irreparable damages shown, temporary injunction
dissolved by court of appeals)(partnership dispute)
REVERSED AND REMANDED:
Opinion by Justice Sullivan
Before Justices Seymore, Brown and Sullivan)
14-09-00204-CV North Cypress Medical Center Operating Company, Ltd. and North Cypress Operating G.P.
LLC v. Matthew St. Laurent, M.D
Appeal from 333rd District Court of Harris County
Trial Court Judge: JOSEPH J. HALBACH
In Re North Cypress Medical Center Operating Company, Ltd (Tex.App.- Houston [14th Dist.] Aug. 4, 2009)
(Sullivan)(mandamus granted to vacate order requiring funds to be paid into the registry of the court, criteria
for such order not satisfied)
MOTION OR WRIT GRANTED:
pinion by Justice Kent Sullivan
Before Justices Seymore, Brown and Sullivan
14-09-00289-CV In Re North Cypress Medical Center Operating Company, Ltd. and North Cypress Medical
Center Operating Company GP, LLC
Appeal from 333rd District Court of Harris County
Robertson v. Barnes (Tex.App.- Houston [14th Dist.] July 30, 2009)(Sullivan) (home owner, consumer law,
DTPA, home in poor condition, stucco problem, seller was not required to disclose prior water damage
because repair was not "structural" which the court construes as referring to load-bearing)
AFFIRMED: Opinion by Justice Sullivan
Before Justices Brock Yates, Guzman and Sullivan
14-07-00791-CV Chris Robertson v. Joe Barnes and Sandion, Ltd d/b/a Coldwell Banker United, Realtors
Appeal from 280th District Court of Harris County
Trial Court Judge: TONY LINDSAY
Thomas v. Uzoka (Tex.App.- Houston [14th Dist.] May 28, 2009)(Sullivan)(auto collision liability,
negligence per se defense nonuse of seatbelt, proportionate responsibility, allocation of fault)
AFFIRMED: Opinion by Justice Sullivan
Before Justices Brock Yates, Hudson and Sullivan
14-08-00182-CV Lakeisha Thomas v. Ugochi Uzoka
Appeal from 125th District Court of Harris County
Trial Court Judge: John A. Coselli
Gonzales v. Services Lloyds Ins. Co. (Tex.App.- Houston [14th Dist] May 28, 2009)(Sullivan)
(workers comp appeal, judicial review suit)(no-evidence summary judgment for carrier affirmed)
AFFIRMED: Opinion by Justice Sullivan
Before Justices Brock Yates, Guzman and Sullivan
14-08-00377-CV Thomas Gonzales v. Services Lloyds Insurance Company
Appeal from 152nd District Court of Harris County
Trial Court Judge: Kenneth Price Wise
Trojacek v. Estate of Kveton (Tex.App.- Houston [14th Dist.] Apr. 7, 2009)(Sullivan) (real estate dispute,
constructive trust, cancellation of deeds, breach of fiduciary duty, lis pendens, property transfer in expectation
of marriage, lack of consideration)
AFFIRMED IN PART DISMISSED IN PART: Opinion by Justice Sullivan
Before Justices Brock Yates, Guzman and Sullivan)
14-07-00911-CV Theresa Elizabeth Trojacek and Ronald David Ludwig v. Estate of Magnolia Kveton
Appeal from County Court at Law of Austin County
In the Interest of ALE (Tex.App.- Houston [14th Dist.] Feb. 12, 2009)(Sullivan)
(SAPCR modification suit, supervised visitation, alcohol)
AFFIRMED: Opinion by Justice Sullivan
Before Justices Brock Yates, Guzman and Sullivan
14-07-00329-CV In the Interest of A.L.E.
Appeal from 245th District Court of Harris County
Trial Court Judge: Judge Annette Kuntz
Also see --> Most Recent Opinions by Justice Kent Sullivan in Civil Appeals
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