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   
Future Seat of the Houston Court of Appeals Old Harris County Civil Courthouse
HOUSTON JUSTICES
1st and 14th Court of Appeals

Justice Alcala, Elsa
Justice Anderson, John
Justice Bland, Jane
Justice Brown, Jeff
Justice Boyce, William (Bill)  
Justice Christopher, Tracy
Justice Edelman, Richard (former)
Justice Fowler, Wanda (former)
Justice Frost, Kem Thompson
Justice Guzman, Eva
Justice Hanks, George C., Jr.
Chief Justice Hedges, Adele
Justice Higley, Laura Carter
Justice Hudson, Harvey J. (former)
Justice Jennings, Terry
Justice Keyes, Evelyn
Justice Mirabal, Margaret (visiting)
Justice Massengale, Michael
Justice Nuchia, Sam (former)
Chief Justice Radack, Sherry
Justice Seymore, Charles
Justice Sharp, Jim
Justice Sullivan, Kent
Justice Taft, Timothy (Tim)(former)
Justice Wilson, Davie (visiting)
Justice Yates, Leslie Brock

Also see --> General Information on
Houston Courts of Appeals, Appellate
Judges, and 2008 Judicial Elections   

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