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

Chief Justice Sherry Radack
Justice Tim Taft
Justice Jim Sharp (2009-)
Justice Sam Nuchia (2008)
Justice Terry Jennings
Justice Evelyn Keyes
Justice Elsa Alcala  
Justice George C. Hanks, Jr.
Justice Laura Carter Higley
Justice Jane Bland

JUDGE PROFILE: Hon. Timothy Taft
Justice Taft was first elected to the First Court of Appeals in 1994.
He is a Vietnam Vet and was a prosecutor in the Harris County DA's
Office for many years prior to seeking judicial office.
Justice Taft was most recently
re-elected on the Republican ticket in 2006.
Justice Timothy Taft wrote 64 signed opinions on the merits in FY
2006 and never once dissented or concurred in the result for
different reasons. Justice Taft also oversees the Court's internship
program, which allows law school students to gain appellate court
experience in the course of their studies.

Find more judge and court information
at the Houston-Opinions Home Page
2007 Civil Case Opinions by Houston Appeals Court Justice
Tim Taft

2007 Civil Appellate Case Opinions by Justice Timothy Taft
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More Recent Opinions Authored by Justice Taft

Garcia v. Packaged Ice, Inc. (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Taft)(PI slip and fall)
AFFIRM TC JUDGMENT: Opinion by Justice Taft
Before Justices Taft, Hanks and Higley
01-06-00379-CV Elsa Garcia v. Packaged Ice, Inc., a/k/a Reddy Ice and Curtis Dean Bell, Individually and
d/b/a Curtiss Dean Bell Distributing Company
Appeal from 164th District Court of Harris County (
Judge Martha Hill Jamison)

Sheik v. Sheikh (Tex.App.- Houston [1st Dist.] Dec. 13, 2007)(Taft)(divorce, receivership, turnover)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice
Taft
Before Justices Taft, Hanks and Higley
01-05-01022-CV Wasim Ahmed Sheikh v. Shama Sheikh
Appeal from 311th District Court of Harris County (
Hon. Doug Warne)

Gillebaard v. Bayview Acres (Tex.App. - Houston [1st Dist.] Nov. 15, 2007)(Taft)(real estate law, deed
restrictions,
home owners association)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR
FURTHER PROCEEDINGS: Opinion by Justice Taft
Before Justices Taft, Jennings and Alcala
01-05-00961-CV Frans Gillebaard and Diane Gillebaard v. Bayview Acres Association, Inc., Abbott Sprague,
Lloyd Thorton, James Flanigan, and Charles H. Prioleau
Appeal from 405th District Court of Galveston County (Hon. Wayne J. Mallia)

In Re Ward (Tex.App.- Houston [1st Dist.] Nov. 1, 2007)(Taft)(workplace injury, workers comp, order for
medical examination, mandamus denied)
DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Taft
Before Justices Taft, Hanks and Higley
01-07-00558-CV In re Esther Ward
Appeal from 270th District Court of Harris County (
Hon. Brent Gamble)

Sheikh v. Sheikh (Tex.App.- Houston [1st Dist.] Nov. 1, 2007)(Taft)(divorce, property division, tort claim)
AFFIRM TC JUDGMENT: Opinion by Justice Taft
Before Justices Taft, Hanks and Higley
01-05-00218-CV Wasim Ahmed Sheikh v. Shama Sheikh
Appeal from 311th District Court of Harris County (
Hon. Doug Warne)

Waller County, Texas v. Simmons (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(Taft)(government entity law,
tax suit, attorney's fees, sovereign immunity)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice
Taft
Before Justices Taft, Hanks and Higley
01-07-00180-CV Waller County, Texas v. Oscar Simmons a/k/a Oscar C. Simmons
Appeal from 9th District Court of Waller County (Hon. Frederick Edwards)

Univ. of Tex. Health Sci. Ctr. at Houston v. Gutierrez, 237 S.W.3d 869 (Tex. App.—Houston [1st Dist.] 2007,
pet. filed).
UTHSC Houston v. Gutierrez (Tex.App.- Houston [1st Dist.] Oct. 4, 2007)(Taft)(HCLC, expert
report)(cases with universities as parties)
REVERSE TRIAL COURT JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by
Justice Taft
Before Justices Taft, Hanks and Higley
01-07-00455-CV The University of Texas Health Science Center at Houston v. Frank Gutierrez, Individually
and as Representative of the Estate of Theresa Gutierrez and as Next Friend of Michelle Gutierrez, a minor,
Amanda Gutierrez, Frank Gutierrez, Jr. and Patricia Ramirez
Appeal from 11th District Court of Harris County (
Hon. Mark Davidson)

MHCB v. Galveston Dentral Appraisal District (Tex.App.- Houston [1st Dist.] Sep. 20, 2007)(Taft)
(
property tax appraisal, refinery, plea to the jurisdiction, standing, declaratory judgment)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice
Taft
Before Justices Taft, Keyes and Hanks
01-06-00529-CV MHCB (USA) Leasing and Finance Corporation and Valero Refining-Texas, L.P. v.
Galveston Central Appraisal District; Galveston Central Appraisal Review Board
Appeal from 405th District Court of Galveston County  (Hon. Wayne J. Mallia)

August 31, 2007 Opinion withdrawn and superseded by
Pelican State Physical Therapy, LP v. Bratton (Tex.
App.- Houston [1st Dist.] Sep. 27, 2007)(Taft)
Pelican State Physical Therapy v. Bratton (Tex.App.- [1st Dist.] Aug. 30, 2007)(withdrawn and superseded
opinion by Taft)(personal jurisdiction, special appearance, appellate sanctions denied, findings of facts)
AFFIRM TC JUDGMENT: Opinion by Justice Taft
Before Justices Taft, Alcala and Hanks
01-06-00199-CV Pelican State Physical Therapy, L.P. v. Marc Bratton
Appeal from 133rd District Court of Harris County (
Hon. Lamar McCorkle)

Klein, M.D.  v. Baylor College of Medician v. Hernandez (Tex.App.- Houston [1st Dist.] Aug. 3,2007)(Taft)
AFFIRM TC JUDGMENT: Opinion by Justice Taft
Before Justices Taft, Jennings and Alcala
01-06-00569-CV        Geffrey Klein, M.D. and Baylor College of Medicine v. Cynthia Hernandez as the
Parent and Next Friend of N.H., A Minor
Appeal from 152nd District Court of Harris County (
Judge Kenneth Wise)

Hurwitz  v. Adler (Tex.App.- Houston [1st Dist] Jun. 28, 2007)(Taft)
(probate, settlement agreement, constructive trust)
AFFIRM TC JUDGMENT: Opinion by Justice Taft
Before Justices Taft, Jennings and Alcala)
01-03-01050-CV Ian Hurwitz and Robert S. Pickelner v. David Adler, Executor, et al., Appeal from Probate
Court No 4 of Harris County (Trial court judge: Hon. William McCulloch)

Texas Department of Human Services v. Okoli (Tex.App.- Houston [1st Dist] Jun. 28, 2007)(Taft)
(WBA,
sovereign immunity, DWOJ, interlocutory appeal)
DISMISS APPEAL: Opinion by Justice Taft
Before Justices Taft, Jennings and Alcala)
01-07-00103-CV Texas Department of Human Services v. Oliver Okoli
Appeal from 61st District Court of Harris County (
Trial court judge: Hon. John Donovan)

Family Court judge exceeded authority in clarifying divorce decree
Metzger v. Metzger Westbo (Tex.App.- Houston -1st. Dist.] Jun. 7, 2007, pet. denied)(Taft)
[
family law, divorce, post-divorce suit for clarification order, limited continuing jurisdiction]
MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Taft
Before Justices Taft, Alcala and Hanks
01-04-00893-CV Mark A. Metzger, Jr. v. Patricia Metzger Westbo
Appeal from 247th District Court of Harris County (
Hon. Bonnie Hellums)

Sambrano v. DFPS (Tex.App.- Houston [1st Dist.] May 31, 2007)(Taft)(CPS termination)
[
termination of parental rights, Anders brief]
AFFIRM TC JUDGMENT: Opinion by Justice Taft
Before Justices Taft, Jennings and Alcala
01-06-00854-CV Irma Sambrano v. Department of Family and Protective Services-
Appeal from 300th District Court of Brazoria County (Hon. W. Edwin Denman)

Sambrano v. Department of Family and Protective Services (
DFPS)(CPS)
(Tex.App.- Houston [1st Dist.] May 31, 2007)(Taft)
AFFIRM TC JUDGMENT: Opinion by Justice Taft
Before Justices Taft, Jennings and Alcala
01-06-00869-CV Irma Sambrano v. Department of Family and Protective Services
Appeal from 300th District Court of Brazoria County (The Honorable W. Edwin Denman)

Thomas v. CNC Investments, L.L.P (Tex.App.- Houston [1st Dist.] May 31, 2007)(Taft)
[
premises liability, assault, criminal]
AFFIRM TC JUDGMENT: Opinion by Justice Taft
Before Justices Taft, Jennings and Alcala
01-05-00838-CV
Craig Thomas, Karen Thomas, Kaitlin Thomas and Caroline Thomas v. CNC Investments,
L.L.P.--Appeal from 190th District Court of Harris County (
Judge Jennifer Elrod)

Failure to Exhaust Administrative Remedies Proves Fatal to Judicial Relief in Tax Appeal
No Exception found to apply, no constitutional deprivation
HCAD v. Blue Flash Express, LLC (Tex.App.- Houston [ 1st Dist.] May 10, 2007)(Taft)
[
tax appeal, suit for judicial review, exhaustion of administrative remedies, due process, notice]
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Taft
Before Justices Taft, Alcala and Hanks
01-06-00783-CV The Harris County Appraisal District and the Harris County Appraisal Review Board v. Blue
Flash Express, LLC, City of La Porte and La Porte Independent School District, and San Jacinto Community
College Districe--Appeal from 234th District Court of Harris County  (
Judge Reece Rondon)

Turnover Order Vacated in Case Involving Enforcement of 17 Year Old Judgment
Holt v. Decyco Corp. (Tex.App.- Houston [1st Dist.] Apr. 27, 2007)(Taft)
[
enforcement of old judgment, capacity, turnover relief]
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice
Taft
Before Justices Taft, Keyes and Hanks
01-05-01194-CV        William Gregory Holt v. Cedyco Corporation
Appeal from Co Civil Ct at Law No 1 of Harris County (
Judge Jack Cagle)
Justice Keyes
dissented in Holt v. Cedyco Corp.    

First Court of Appeals Dismisses Personal Injury Suit Against UH on Sovereign Immunity Grounds
University of Houston v. De Luna (Tex.App. - Houston [1st. Dist.] Apr. 12, 2007)(Taft)(TTCA)
[
governmental entity, law, sovereign immunity, TTCA, premises liability, discretionary function exception,
plea to the jurisdiction]
VACATE TC JUDGMENT AND DISMISS CASE: Opinion by Justice Taft
(Before Justices Taft, Alcala and Bland)
01-06-00448-CV        University of Houston v. Yvonne Michelle De Luna
Appeal from 127th District Court of Harris County (
Judge Sherolyn Wood)

Herrington v. Cote (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Taft)(premises liability case)

Lewis v. Nolan (Tex.App.-Houston [1st. Dist.] Mar. 29, 2007)(Taft)(suppl. opinion on second motion for
rehearing)(supplemental record)(attorney malpractice case, failure to establish causation of damages with
expert testimony, MSJ, NE-MSJ)

Intracare Hospital North v. Campbell (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Justice Taft)
Justice
Keyes dissented in Intracare Hospital North v. Campbell (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)
(Dissent by
Justice Keyes)

Oko v. Oguntope (Tex.App.- Houston [1st Dist.] Mar. 22, 2007)(Taft)
[fraud, settlement agreement,
attorney's fees]

Murphy v. American Rice (Tex.App.- Houston [1st Dist.] Mar 9, 2007)(Justice Tim Taft)

Constitutional Challenge to Punitive Damages Award in Auto-Pedestrian Drunk Driving Case Fails
Rangel v. Robinson (Tex.App.- Houston [1st Dist.] Mar. 1, 2007)(Tim Justice Tim Taft)
(
PI-auto, personal injury, future damages, present value, evidence to support punitive damages, due
process)

Court cannot grant judgment on the merits of abandoned claims that are thus not before it
Howeth Investments Inc. v. City of Hedwig Village (Tex.App.- Houston [1st Dist.] Feb. 22, 2007)(Justice Tim
Taft)(
real estate development law, plat application, failure to approve plats, regulatory takings claim,
reservation of federal claims)

SEA Leasing v. Steele (Tex.App.- Houston [1st Dist.] Feb. 22, 2007)(Justice Tim Taft)

Court modifies judgment to reduce amount of exemplary damages
Huynh v. Phung (Tex.App.- Houston [1st Dist.] Feb. 16, 2007)(Justice Tim Taft)
[biz law, business investment, loan, breach of contract, fraud, actual and exemplary damages, remit
damages]

Sweeney Community Hospital v. Mendez, M.D. (Tex.App.- Houston [1st Dist.] Feb. 1, 2007)(Justice Tim Taft)

Nicholson v. Fifth Third Bank (Tex.App.- Houston [1st Dist.] Feb. 1, 2007)(Justice Tim Taft)


2007 Separate Opinions by Justice Taft

Civil and Criminal Appeals Decided 2007 With Opinion by Justice Taft

Herrington v. Cote (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Taft)
(
premises liability, quality of summary judgment evidence)
AFFIRM TC JUDGMENT: Opinion by Justice Taft
(Before Justices Taft, Keyes and Hanks)
01-04-00212-CV Christina Herrington, Ind., and a/n/f of Charles Herrington v. Michael and Carolee
CoteAppeal from 113th District Court of Harris County (
Hon. Patricia Hancock)

Lewis v. Nolan (Tex.App.-Houston [1st. Dist.] Mar. 29, 2007)(Taft)(suppl. opinion on second motion for
rehearing) (supplemental record was sent to wrong court, malpractice suit, SJ, sanctions, disposition
remains same)
AFFIRM TC JUDGMENT: Opinion by Justice Taft
(Before Justices Taft, Higley and Bland)
01-04-00865-CV George Neil Lewis v. Jack D. Nolan
Appeal from 270th District Court of Harris County (Hon. Brent Gamble)
Howeth Investments Inc. v. City of Hedwig Village (Tex.App.- Houston [1st Dist.] Feb. 22, 2007)(Taft)
MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Taft
(Before Justices Taft, Alcala and Hanks)
01-05-00118-CV        Howeth Investments Inc., et al v. The City of Hedwig Village, et al.
Appeal from Co Civil Ct at Law No 1 of Harris County

Intracare Hospital North v. Campbell (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Taft)
Justice
Keyes dissented in Intracare Hospital North v. Campbell (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)
(Dissent by Keyes)
Intracare Hospital North v. Campbell (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Taft)
[
health care liability claim, HCLC, expert report filing requirement, tolling, ANF suit, suit by guardian]
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice
Taft
(Before Justices Taft, Keyes and Hanks)
01-06-00356-CV Intracare Hospital North and Terry Bauske v. Cindy Campbell, Individually and a/n/f of
Frank Brown
Appeal from 334th District Court of Harris County (
Hon Sharon McCally)

Intracare Hospital North v. Campbell (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Dissent by Keyes)
OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Keyes
(Before Justices Taft, Keyes and Hanks)
01-06-00356-CV Intracare Hospital North and Terry Bauske v. Cindy Campbell, Individually and a/n/f of
Frank Brown
Appeal from 334th District Court of Harris County (
Judge Sharon McCally)

SEA Leasing v. Steele (Tex.App.- Houston [1st Dist.] Feb. 22, 2007)(Taft)
AFFIRM TC JUDGMENT: Opinion by Justice Taft
(Before Justices Taft, Alcala and Hanks)
01-05-00189-CV        S.E.A. Leasing, Inc. v. Jeff Steele and Melissa Steele
Appeal from 189th District Court of Harris County

Huynh v. Phung (Tex.App.- Houston [1st Dist.] Feb. 16, 2007)(Taft)
MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Taft
(Before Chief Justice Radack, Justices Taft and Nuchia)
01-04-00267-CV        Lang Van Huynh and Sonny K. Huynh v. Tho Thi Phung
Appeal from Co Civil Ct at Law No 4 of Harris County

Sweeney Community Hospital v. Mendez, MD (Tex.App.- Houston [1st Dist.] Feb. 1, 2007)(Taft)
AFFIRM TC JUDGMENT: Opinion by Justice Taft
Before Justices Taft, Keyes and Hanks
01-06-00069-CV        Sweeny Community Hospital v. Rodolfo Mendez, M.D.
Appeal from 239th District Court of Brazoria County

Also see ---> 2008 Civil Appellate Case Opinions by Justice Timothy Taft
Also see ---> More Recent Opinions Written by Justice Taft