| Appellate Opinions by Justice Kent Sullivan in Civil Cases (Tex.App.- Houston [14th Dist.] 2010) Houston Opinions |
2010 OPINIONS IN CIVIL CASES
Doa v. Le (Tex.App.- Houston [14th Dist.] Jan. 26, 2010)(Sullivan)
(DWOP dismissal for failure to appear in person for trial reversed,
appearance by attorney under TRCP 7, subpoena not enforceable by dismissal of case)
REVERSED AND REMANDED: Opinion by Justice Kent Sullivan
14-08-01113-CV Paulene Hong Dao and Hung Anh Le a/k/a Hong Le v. Mong Cong Le
Appeal from County Civil Court at Law No 3 of Harris County
Trial Court Judge: Linda Storey
The Levin Law Group, PC v. Sigmon (Tex.App.- Houston [14th Dist.] Jan. 21, 2010)(Sullivan)
(no breach of agreement to mediate on specific terms that were not agreed to, silence not assent, no meeting
of the minds on cancellation fee, unforceable contract not formed)
Appellant, the Levin Law Group, P.C. (“LLG”) filed suit against attorney Ernesto de Andre Sigmon for breach
of an agreement to mediate an underlying civil lawsuit. The trial court granted Sigmon’s motion for summary
judgment after Sigmon asserted, inter alia, (a) he did not accept the terms of the agreement, (b) he did not
reschedule or cancel the mediation, and (c) the statute of frauds operated to bar the alleged oral contract.
We affirm the judgment.
AFFIRMED: Opinion by Justice Kent Sullivan
Before
14-08-01165-CV The Levin Law Group, P.C. v. Ernesto De Andre Sigmon
Appeal from Co Civil Ct at Law No 4 of Harris County
Trial Court Judge: Roberta Anne Lloyd
SWP Remic Properties II LP v. HCAD (Tex.App.- Houston [14th Dist.] Jan. 7, 2010) (Sullivan)
(trial court’s order granting Harris County Appraisal District’s (“HCAD”) plea to the jurisdiction affirmed; ad
valorem tax protest appeal judicial review suit not brought by owner of property. Rule 28 inapplicable)
AFFIRMED: Opinion by Justice Sullivan
14-08-00425-CV SWP Remic Properties II LP as the Property Owners and the Property Owners v. Harris
County Appraisal District Appeal from 55th District Court of Harris County
Trial Court Judge: Jeff Shadwick
RECENT 2009 CIVIL CASE 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
Also see ---> 2009 Civil Appellate Opinions by Justice Kent Sullivan
Court of Appeals Profile for Kent Sullivan
(individual profile)
SBOT Profile for Kent Sullivan
Licensed to practice law in Texas: 11/05/1982
Education and Certification History
Law School: University of Virginia: Doctor of
Jurisprudence/Juris Doctor (J.D.)
Graduation date: May 1982
Texas Board of Legal Specialization
Certifications:
No profile data on file for Texas Board of Legal
Specialization Certification
Prior employment / offices held:
Office of Attorney General
State District Court Judge
See--> Kent Sullivan - 80th Judicial District Court
Judge
TEXT OF ANNOUNCEMENT OF APPOINTMENT
BY GOVERNOR'S OFFICE
Gov. Perry Names Sullivan Justice of the 14th
Court of Appeals
November 7, 2008
AUSTIN – Gov. Rick Perry has appointed Kent C.
Sullivan of Houston justice of the 14th Court of
Appeals for a term to expire at the next general
election. The court represents 10 Houston area
counties.
Sullivan is the first assistant attorney general of
Texas and past presiding judge of the 80th
District Court in Harris County. He is a member
of the Supreme Court Advisory Committee and
Houston Bar Association, member and past
director of the State Bar of Texas Texas and
Houston Bar Foundation fellow. He is also a
past member of the Houston Society of the
Performing Arts Board of Directors, Downtown
Association, and Texas Public Policy Foundation.
Sullivan received a bachelor’s degree and law
degree from the University of Virginia. He
replaces Wanda Fowler of Houston.
OPINIONS IN CIVIL CASES BY KENT SULLIVAN
Also see --> 2009 Sullivan Opinions
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