2007 Opinions by Justice Brock Yates in Civil Appeals | 2008 Yates Opinions | Also see --> 2009 Civil Case Opinions by Justice Yates | Most recent Yates Opinions Find more judge and court information on the houston-opinions.com home page |
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2007 Civil Appellate Opinions Authored by Justice Brock Yates In Interest of S.R.L (Tex.App.- Houston [14th Dist.] Nov. 8, 2007)(Yates)(termination of parental rights reversed, best interest element not satisfied, trial court was conflicted and felt compelled by law to terminate parental rights) REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by Justice Brock Yates Before Justices Brock Yates, Fowler and Guzman 14-06-00659-CV In the Interest of S.R.L., and L.L., Children Appeal from 387th District Court of Fort Bend County (Hon. Robert J. Kern) Sandel v. ATP Oil & Gas Corp. (Tex.App.- Houston [14th Dist.] Oct. 30, 2007)(Yates) (employment, stock options plan, promissory estoppel) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Edelman and Seymore 14-06-00323-CV Charles Sandel v. ATP Oil & Gas Corporation Appeal from 157th District Court of Harris County (Hon. Randall Wilson) Markette v. X-ray X-Press (Tex.App. - Houston [14th Dist.] Oct. 18, 2007)(Yates)(Substitute opinion on rehearing)(special appearance, no personal jurisdiction) REVERSED AND RENDERED: Opinion by Justice Brock Yates Before Justices Brock Yates, Edelman and Seymore 14-07-00146-CV Robert P. Markette, Jr. and Gilliland & Caudill, L.L.P. v. X-Ray X-Press Corporation Appeal from 165th District Court of Harris County (Hon. Elizabeth Ray) Walgreen Co. v. Hieger (Tex.App.- Houston [14th Dist.] Oct. 11, 2007)(Yates)(HCLC, expert report) REVERSED AND REMANDED: Opinion by Justice Brock Yates Before Justices Brock Yates, Frost and Seymore 14-06-00962-CV Walgreen Company v. Cynthia Hieger and Roy C. Heiger, Both Individually and as next friend of David C. Heiger, A Minor Appeal from 281st District Court of Harris County (Judge David J. Bernal) Dissenting Opinion by Justice Seymore Armstrong v. Harris (Tex.App.- Houston [14th Dist.] Oct. 2, 2007)(Yates)(forcible detainer) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Edelman and Seymore 14-06-00491-CV Robert Lee Armstrong, Jr. v. Eddie Mae Harris Appeal from County Court at Law No 1 of Galveston County (Hon. Mary Nell Crapitto) Sanctions Award for Filing of Lis Pendens Reversed Parker v. Walton (Tex.App.- Houston [14th Dist.] Aug. 28, 2007)(Yates)(divorce, lis pendens, sanctions) REVERSED AND RENDERED: Opinion by Justice Brock Yates Before Justices Brock Yates, Edelman and Seymore 14-06-00095-CV Mary Ann Parker v. Sheryl King Walton Appeal from County Court No. 3 of Galveston County (Hon. Roy M. Quintanilla) Solutioneers Consulting, LTD. v. Gulf Greyhound Partners, LTD (Tex.App.- Houston [14th Dist.] Aug 23, 2007)(Yates)(fraud, breach of contract, excuse) AFFIRMED IN PART/REVERSED AND RENDERED: Opinion by Justice Brock Yates Before Justices Brock Yates, Frost and Seymore 14-06-00032-CV Solutioneers Consulting, LTD., Tom Haynes and T&S Haynes Enterprises, LLC D/B/A Mission Control v. Gulf Greyhound Partners, LTD Appeal from 56th District Court of Galveston County (Hon. Lonnie Cox) Markette v. X-Ray (Tex.App.- Houston [14th Dist.] Aug. 30, 2007)(Yates)(first, superseded opinion) [special appearance, personal jurisdiction] REVERSED AND RENDERED: Opinion by Justice Brock Yates Before Justices Brock Yates, Edelman and Seymore 14-07-00146-CV Robert P. Markette, Jr. and Gilliland & Caudill, L.L.P v. X-Ray X-Press Corporation Appeal from 165th District Court of Harris County (Hon. Elizabeth Ray) End Users, Inc. v. System Supply for End Users, Inc. (Tex.App.- Houston [14th Dist.] Sep. 27, 2007)(Yates) AFFIRMED AS MODIFIED: Opinion by Justice Brock Yates Before Justices Brock Yates, Edelman and Seymore 14-06-00833-CV End Users, Inc. v. System Supply For End Users, Inc. Appeal from 157th District Court of Harris County (Hon. Randall Wilson) Ritchie v. Dr. Yazdi, Apple Dentists, PLLC (Tex.App.- Houston [14th Dist.] May 22, 2007)(Yates)(HCLC) [dentist malpractice, negligence, no DTPA against physician, interest on judgment] AFFIRMED AS MODIFIED: Opinion by Justice Brock Yates Before Justices Brock Yates, Anderson and Hudson 14-05-01232-CV Lycett Ritchie v. Dr. Neshat Yazdi, Apple Dentists, PLLC & Dr. Fatemah Bijan Appeal from 281st District Court of Harris County (Hon. David J. Bernal) [Grudging] Acceptance of Change in Compensation Policy Bars At-will Employee's Suit to Collect Commission Under Prior Policy - Economic Duress Argument Does Not Fly Perkins v. Ulrich (Tex.App.- Houston [14th Dist.] Apr. 24, 2007)(Yates) (employment at will) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Anderson and Hudson 14-05-00992-CV Anthony Perkins v. William Ulrich d/b/a Morrison Homes and George Wimpey of Texas Corp.--Appeal from 215th District Court of Harris County (name of judge not shown on docket) Fletcher v. Harris (Tex.App.- Houston [14th Dist.] Apr. 19, 2007)(Yates) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Anderson and Hudson 14-05-00998-CV Marvin V. Fletcher v. Willie T. Harris Appeal from Probate Court No 4 of Harris County The Cadle Company v. Salazar (Tex.App.- Houston [14th Dist.] Apr. 17, 2007)(Yates) [debt, promissory note, limitations, admission of evidence on acceleration against party opponent, not hearsay] AFFIRMED: Opinion by Justice Brock Yates Before Chief Justice Hedges, Justices Fowler and Edelman 14-05-01052-CV The Cadle Company v. Luis Salazar Appeal from 212th District Court of Galveston County (Judge Susan Elizabeth Criss) Rogers v. Texas Sterling Construction (Tex.App.- Houston [14th Dist.] Mar. 29, 2007) (Justice Brock Yates) (wrongful death SJ, premises liability suit, control) AFFIRMED: Opinion by Justice Brock Yates (Before Justices Brock Yates, Anderson and Hudson) 14-05-01061-CV David Rogers, Individually and as Representative of the Estate of Leroy Brown v. Texas Sterling Construction, L.P. a/k/a Texas Sterling Construction Inc. a/k/a Texas Sterling, L.P. Appeal from 55th District Court of Harris County BDB Interests, LC v. Arcadia Finanical Ltd. (Tex.App.- Houston [14th Dist.] Mar. 29, 2008)(subst. op. by Yates) (commercial law, auto financing, breach of contract) AFFIRMED: Opinion by Justice Brock Yates Before Chief Justice Hedges, Justices Brock Yates and Seymore) 14-06-00055-CV BDB Interests, L.C. d/b/a Gulf Coast Nissan and Steve Blanchard Nissan v. Arcadia Financial LTD. Appeal from County Court at Law No 1 & Probate Ct of Brazoria County (Judge Jerri Lee Mills) McReynolds v Elston (Tex.App.- Houston [14th Dist.] Mar. 27, 2007)(Yates)(arbitration) REVERSED AND REMANDED: Opinion by Justice Brock Yates Before Justices Brock Yates, Anderson and Hudson 14-06-00974-CV L. Bland McReynolds and Judith Bauman v. Lanelle Elston Appeal from 129th District Court of Harris County Broesche v. Jacobson (Tex.App.- Houston [14th Dist.] Mar. 8, 2007)(Justice Yates) [family law, divorce, interpretation of decree, interpleader, sanctions] This appeal arises out of a dispute between appellant Rebecca L. Broesche and appellee John Daniel Jacobson over the interpretation of their 1993 divorce decree. In ten issues, Broesche claims the trial court erred in (a) its interpretation of the decree, (b) awarding attorneys' fees and sanctions against her, and (c) entering a turnover judgment awarding funds interpleaded by appellant Texas Independent Exploration, Inc. ("TIE") to Jacobson. We affirm in part and reverse and remand in part. Ataya v. State of Texas (Tex.App.- Houston [14th Dist.] Feb. 13, 2007)(Yates)(post-answer default, MNT) AFFIRMED: Opinion by Justice Brock Yates (Before A, Justices Brock Yates and Seymore) 14-05-01264-CV Wafic Tawfic Ataya, Sawssan Ataya a/k/a Sawssan Mohamad Elehikh-Issa and Victory Wholesale, Inc. v. The State of Texas Appeal from 334th District Court of Harris County (Judge Sharon McCally) BDB Interests LC v. Arcadia Financial LTD (Tex.App.- Houston [14th Dist.] Jan. 25, 2007)(Justice Yates) (superseded opinion) In Interest of RAP, II (Tex.App.- Houston [14th Dist.] Jan. 25, 2007)(Yates) [termination of parental rights of mother, father custody] AFFIRMED: Opinion by Justice Brock Yates (Before Chief Justice Hedges, Justices Brock Yates and Seymore) 14-06-00109-CV In the Interest of R.A.P. II, a Child Appeal from 310th District Court of Harris County (Judge Lisa A. Millard) Zarzana v. Ashley (Tex.App.- Houston [14th Dist.] Jan. 23, 2007)(Yates) (DTPA, counterfeit inspection sticker, fraud, negligent supervision) AFFIRMED: Opinion by Justice Brock Yates Before Chief Justice Hedges, Justices Brock Yates and Seymore 14-06-00100-CV Sam Zarzana v. Donald Ashley and Charles Ashley d/b/a Meineke Car Care #10 Appeal from 190th District Court of Harris County (Hon. Jennifer Elrod Walker) Heggen v. Graybar Electric Co. (Tex.App.- Houston [14th Dist.] Jan. 9, 2007)(Yates) [default judgment, sufficiency of service, defective service of citation) AFFIRMED: Opinion by Justice Brock Yates (Before Chief Justice Hedges, Justices Brock Yates and Seymore) 14-06-00058-CV Allen Heggen and Paula Heggen v. Graybar Electric Company, Inc. Appeal from 234th District Court of Harris County (Judge Reese Rondon) |
