| Recent Opinions by Houston Court of Appeals Justice Leslie Brock Yates in Civil Appeals Houston Opinions |
2010 JUDICIAL ELECTIONS: CONTEST FOR 14TH COURT OF APPEALS - PLACE 2 Republican primary: Incumbent Leslie Brock Yates vs. Sharon McCally, currently a district court judge Democratic opponent: Norma Venso 2010 Civil Case Opinions Authored by Justice Leslie Brock Yates Also see --> 2009 Civil Appellate Opinions by Justice Yates Justice Yates write separately to approve denial of right to jury trial in protective order case brought under the Texas Family Code Teel v. Shifflett (Tex.App.- Houston [14th Dist.] Feb. 23, 2010)(Majority panel opinion by Frost) (protective order against ex-girlfriend affirmed, same household finding affirmed, constitutional challenge not properly presented, intimate partner finding to trigger federal firearms prohibition, not supported by the pleadings or tried by consent) This is an appeal from a protective order entered against a man’s former girlfriend after the trial court determined that the former girlfriend committed family violence against him and was likely to commit family violence in the future. In four issues, the former girlfriend challenges (1) the constitutionality of the statute under which the protective order was issued, (2) a recitation in the judgment that the parties were “intimate partners” pursuant to 18 U.S.C. §§ 922(g)(8) & 921(a)(32), (3) the legal and factual sufficiency of the evidence to support a finding that the former girlfriend was a household member, and (4) the legal and factual sufficiency of the evidence to support a finding that family violence is likely to occur in the future. We modify the judgment to delete the intimate-partners finding and we affirm the trial court’s judgment as modified. AFFIRMED AS MODIFIED: Opinion by Justice Frost Before Justices Brock Yates, Frost and Brown 14-08-00836-CV Ashleigh Elise Teel v. Kenneth Richard Shifflett Appeal from 309th District Court of Harris County Trial Court Judge: David D. Farr Concurring Opinion by Justice Brock Yates in Teel v. Shifflett (no right to jury trial in suit for protective order under family code based on domestic violence by family or household member) Man Industries (INDIA), Ltd. v. Bank of Tokyo (Tex.App.- Houston [14th Dist.] Feb. 23, 2010)(Yates) (interlocutory appeal from the trial court’s order denying special appearance as to the cross-claim, denial of special appearance affirmed; claim not severable) We conclude the trial court did not err in denying Man’s special appearance based on its conclusion that the Bank’s cross-claim is not severable. Because we have determined that the trial court had personal jurisdiction on this basis, we need not review Man’s remaining allegations regarding other potential bases for jurisdiction. We affirm the trial court’s order. AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Brown and Boyce 14-09-00362-CV Man Industries (INDIA) Ltd. v. Bank of Tokyo-Mitsubishi UFJ, Ltd. Appeal from 133rd District Court of Harris County Trial Court Judge: Jaclanel McFarland Justice Yates writes that bosses should not face individual liability for firing employees who refuse to commit illegal act (Sabine-Pilot wrongful termination claim); Senior Justice Hudson forcefully disagrees Physio, Ltd v. Naifeh (Tex.App. - Houston [14th Dist.] Feb. 4, 2010)(Yates) (employment law - wrongful termination; liability on Sabine-Pilot wrongful termination claim) Appellants appeal the trial court’s judgment holding them individually liable for firing appellee for the sole reason that she refused to perform an illegal act. See Sabine Pilot Serv., Inc. v. Hauck, 687 S.W.2d 733, 735 (Tex. 1985). Because we hold that the Sabine Pilot doctrine should not be extended to impose liability on individual employees rather than the plaintiff’s employer, we reverse and render. DISMISSED IN PART AND REVERSED AND RENDERED IN PART: Opinion by Justice Brock Yates Before Justices Brock Yates, Hudson and Sullivan 14-08-00017-CV Physio GP, Inc., Physio, Ltd, Tanja Saadat and Shawn Saadat v. Natalie Naifeh Appeal from 295th District Court of Harris County Trial Court Judge: Tracy Kee Christopher Dissenting Opinion by Justice Hudson in Physio GP, Inc.v. Natalie Naifeh (Sabine Pilot claim against bosses individually should be viable) In re Strebel (pdf) (Tex.App.- Houston [14th Dist.] Dec. 31, 2009)(Yates) (mandamus re order for deposit of $250,000 into registry denied) MOTION OR WRIT DENIED: Opinion by Justice Brock Yates Before Justices Brock Yates, Frost and Brown) 14-09-00819-CV In Re Douglas W. Strebel Appeal from 10th District Court of Galveston County Trial Court Judge: Honorable David Garner Ex parte Strebel (Tex.App.- Houston [14th Dist.] Dec. 31, 2009)(per curiam) MOTION OR WRIT DENIED: Opinion by Justice Brock Yates Before Justices Brock Yates, Frost and Brown) 14-09-00820-CV Ex Parte Douglas W. Strebel Appeal from 10th District Court of Galveston County Trial Court Judge: Hon. David Garner O and B Farms, Inc.v. Black (Tex.App.- Houston [14th Dist.] Oct. 29, 2009)(Yates) (fraud and civil conspiracy claims award of attorney's fees, exemplary damages reversed) (breach of contract damages proven)(contingency fee contract insufficient to establish reasonable attorney's fees) AFFIRMED AS MODIFIED: Opinion by Justice Brock Yates Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00595-CV O and B Farms, Inc., and B and O Farms, LLC v. Eldon Jay Black, Kevin Lee Donahoo, Thomas David Horrell, Jr., Charles Richard Weeks, Ronald Russell Swisshelm, and Casey Ross Gray Appeal from 220th District Court of Hamilton County Trial Court Judge: Hon. James E. Morgan Also see --> 2009 Opinions Written by Justice Yates in Civil Appeals In Fiscal Year 2008-09 Justice Leslie Brock Yates authored 63 opinions on the merits in civil and criminal cases, 53 per curiam opinions, and 7 other opinions, for a total of 123. Justice Yates issued one dissenting opinion during that time period and no concurrences. The total number of dissenting opinions for the court as a whole was 11. Concurrences accounted for 25 of the court's 1129 opinions that year. Also see --> 2008 Civil Appellate Opinions by Justice Leslie Yates Also see --> 2007 Opinions by Justice Leslie B. Yates in Civil Appeals |
