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 Also see --> 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 |