law-exclusive-remedy-defense | Worker's Compensation Act | exhaustion of administrative remedies
requirement | judicial review suits |
EXCLUSIVE REMEDY DEFENSE ---> WORKERS COMPENSATION ACT
APPEALS IN THE HOUSTON COURTS OF APPEALS
Lazo v. Exxon Mobil Corp., No. 14-06-00644-CV (Tex. App. - Houston [1st Dist.] May 7, 2009)(Brown)
(workers compensation act immunity, exclusive remedy defense, Entergy Gulf States, Inc. v. Summers Tex
2009 holding applied)
AFFIRMED: Opinion by Justice Brown
Before Justices Brock Yates, Brown and Boyce
14-06-00644-CV Marcos A. Lazo v. Exxon Mobil Corporation
Appeal from 113th District Court of Harris County
Trial Court Judge: Patricia Hancock
Plant Owner Entitled to Exclusive Remedy Defense Acting as Its Own General Contractor
Entergy Gulf State, Inc. v. Summers (Tex. Aug. 31, 2007)(Willett)(premises owner and exclusive remedy
defense under Workers' Compensation Act) NOTE: Subsequent opinion issued: Entergy Gulf States, Inc.
v. Summers (Tex. 2009) No. 05-0272 (Tex. Apr. 3, 2009)(Substitute opinion by Justice Paul Green)
(premises owner as general contractor for workers compensation exclusive remedy defense purposes)
Mosqueda v. G&H Diversified MFG (Tex.App.- Houston [14th Dist.] Jan. 31, 2007, pet filed)(Seymore)
(workplace injury, borrowed employees, workers compensation act, exclusive remedy, alter ego, joint
Mosqueda v. G & H Diversified MFG., Inc.
AFFIRMED: Opinion by Justice Seymore
14-04-00183-CV Guillermina Mosqueda v. G & H Diversified MFG., Inc. and Pacesetter Personnel Service,
Inc.--Appeal from 281st District Court of Harris County.
Justice Seymore wrote a second concurring opinion in Mosqueda v. G&H Diversified MFG (Tex.App.-
Houston [14th Dist.] Jan. 31, 2007)(concurring opinion by Justice Seymore)
Justice Edelman dissented in Mosqueda v. G&H Diversified MFG (Tex.App.- Houston [14th Dist.] Jan. 31,
2007)(dissenting opinion by Edelman)
AD VALOREM TAX PROTESTS PROCEDURE - EXCLUSIVE REMEDY
Remedies for adjudication of property-tax protests are exclusive unless otherwise provided. See Tex. Tax
Code Ann. § 42.09 (Vernon 2008). Failure to comply with the procedures set forth in the Property Tax
Code deprives a reviewing court of jurisdiction to hear the dispute. See Cameron Appraisal Dist. v. Rourk,
194 S.W.3d 501, 502 (Tex. 2006); see also Koll Bren Fund, 2008 WL 525799, at *4; Houston Indep. Sch.
Dist. v. 1615 Corp., 217 S.W.3d 631, 637 (Tex. App.- Houston [14th Dist.] 2006, pet. denied) (deferring to
Cameron's holding with reservations). Parkwest Place did not pursue its right to protest the valuation
under Chapter 41, and the Review Board did not determine any protest by Parkwest Place as the property
owner. See Tex. Tax Code Ann. § 41.01(a); see also Koll Bren Fund, 2008 WL 525799, at *4.
Accordingly, Parkwest Place had no real controversy to be determined by the judicial declaration sought.
See Nootsie Ltd., 925 S.W.2d at 662; see also Koll Bren Fund, 2008 WL 525799, at *4. Therefore,
Parkwest Place lacked standing under the Property Tax Code as a Aparty who appeals" under section
42.21(a). See Nootsie Ltd., 925 S.W.2d at 661-62; Tourneau Houston, Inc., 24 S.W.3d at 909; see also
Koll Bren Fund, 2008 WL 525799, at *4.
BACM 2002 PBs Westpart Dr LP v. HCAD (Tex.App.- Houston [1st Dist.] Jul. 21, 2009)(Frost)
(prior owner did not have standing to bring ad valorem tax protests appeal, judicial review suit, assumed
name theory as basis for substitution of correct party rejected, no standing - no subject matter jurisdiction).
AFFIRMED: Opinion by Justice Frost
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-08-00493-CV BACM 2002 PB2 Westpark Dr LP, Houston Parkwest Place Ltd, as the Property Owners
and the Property Owners v. Harris County Appraisal District and the Appraisal Review Board of Harris
County Appraisal District Appeal from 11th District Court of Harris County
Trial Court Judge: Mark Davidson
Aguirre v. Vasquez (Tex.App.- Houston [1st Dist.] May 1, 2007)(Fowler)(workers comp)
(workplace safety, car crash, workers compensation act, exclusive remedy defense)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Fowler
Before Chief Justice Hedges, Justices Fowler and Edelman
14-06-00325-CV Daniel Antonio Aguirre, Et Al v. Dora G. Vasquez
Appeal from Probate Court No 4 of Harris County (WM CAMERON MCCULLOCH)
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