Appeals from cases in Judge Ken Wise's 152nd District Court Eastern Bloc Entertainment, Ltd. v. ABCO Properties, Inc. (Tex.App.- Houston [1st Dist.] Mar. 11, 2010) (Higley) (appeal of turnover order) Appellants, Eastern Bloc Entertainment, Ltd., Altar Boys Management Company, L.L.C., Robert W. Thomas, and John S. “Skip” Woods (collectively, “Eastern”), appeal from a turnover order granted in favor of appellee, Abco Properties, Inc., Trustee. In three issues, Eastern contends that the trial court abused its discretion because (1) there was no evidence to support the order, (2) the judgment has been satisfied, and (3) the order violates public policy. AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Higley Before Chief Justice Radack, Justices Alcala and Higley 01-08-00238-CV Eastern Bloc Entertainment, Ltd., Altar Boys Management Company, L.L.C., Robert W. Thomas and John S. "Skip" Woods v. ABCO Properties, Inc., Trustee Appeal from 152nd District Court of Harris County Trial Court Judge: Hon. Kenneth P. Wise Carlson v. City of Houston (Tex.App.- Houston [14th Dist.] Feb. 18, 2010)(Boyce) (appeal from grant of plea to the jurisdiction succeeds, district court’s order dismissing appellants’ case for want of jurisdiction reversed, statutory right to judicial review, building safety ordinance) REVERSED AND REMANDED: Opinion by Justice Bill Boyce Before Justices Frost, Boyce and Sullivan 14-08-01044-CV James and Elizabeth Carlson, Jose and Elizabeth Referente, Roger Compodonico, Sergio A. Lopez, Yan Wang and Hui Yao, Danial and Andrea Seluk, Robert Hutchins, Robert and Kelly Farfan, Bonnie Corbett, Helen Pagola, and Manny Espinola v. City of Houston Appeal from 152nd District Court of Harris County Trial Court Judge: Ken Wise FCLT Loans Asset Corporation v. First City Fin. Corp. (Tex.App.- Houston [1st Dist.] Jun. 4, 2009)(Bland) (demutualization dispute, conversion of entity) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-06-00798-CV FCLT Loans Asset Corporation and Timothy J. Blair, Class Representative v. FIRST CITY FINANCIAL CORPORATION, Appellee/Appellant; J.P. MORGAN CHASE BANK, NATIONAL ASSOCIATION AS SUCCESSOR TRUSTEE OF FIRST CITY BANCORPORATION EMPLOYEES RETIREMENT TRUST. Appeal from 152nd District Court of Harris County Trial Court Judge: Hon. Kenneth P. Wise Kamel v. Sotelo, MD (Tex.App.- Houston [1st Dist.] Mar. 26, 2009)(Wilson)(medical malpractice) AFFIRM TC JUDGMENT: Opinion by Judge Wilson Before Judge Wilson, Justices Taft and Bland 01-07-00366-CV Safwat Kamel v. Tiffany Sotelo, MD Appeal from 152nd District Court of Harris County Trial Court Judge: Hon. Kenneth P. Wise Davis Investments, VI, LP v. Holtgraves (Tex.App. - Houston [14th Dist.] Feb. 26, 2009)(Frost) (interlocutory appeal and cross-appeal, orders sustaining special appearances) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Frost Before Justices Anderson, Hudson and Frost) 14-08-00222-CV Davis Investments, VI, LP v. Charles A. Holtgraves, Larry J. Horbach, and Phillip J. Holtgraves--Appeal from 152nd District Court of Harris County Trial Court Judge: Kenneth Price Wise TWC v. City of Houston (Tex.App.- Houston [14th Dist.] Feb. 19, 2009)(Brown) (employment law, unemployment claim, judicial review suit, appeal, untimely protest) REVERSED AND RENDERED: Opinion by Justice Brown Before Justices Brock Yates, Anderson and Brown 14-07-00407-CV Texas Workforce Commission v. City of Houston Appeal from 152nd District Court of Harris County Trial Court Judge: Kenneth Price Wise Sembera Security Systems, Inc. v. El Dorado Ins. Agency, Inc. (Tex.App.- Houston [1st Dist.] Jan. 29, 2009)(Higley)(breach of contract claim, cancellation of workers’ compensation insurance coverage for non-payment of premium) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Higley Before Chief Justice Radack, Judge Wilson, Justice Higley 01-07-00310-CV Sembera Security Systems, Inc. a/k/a Sembera Security, Inc. v. El Dorado Insurance Agency, Inc., and Texas Mutual Insurance Company, f/n/a Texas Workers' Compensation Fund and Texas Workers' Compensation Fund, Texas Workers' Compensation Fund Appeal from 152nd District Court of Harris County Trial Court Judge: Hon. Kenneth P. Wise Fite, MD v. Emtel, Inc. (Tex.App.- Houston [1st Dist.] Oct. 2, 2008)(op. on motion for rehearing by Hanks) (corporate receivership, bond) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-07-00273-CV Diana Fite, M.D. and Intervenor Patrick J. Woods, M.D. v. Emtel, Inc., Joseph Degioanni, M.D., Individually and on behalf of BEPA Appeal from 152nd District Court of Harris County Trial Court Judge: Hon. Kenneth P. Wise Choice Auto Brokers, Inc. v. Dawson (Tex.App.- Houston [1st Dist.] Sep. 25, 2008)(Nuchia) (Internet sales of vehicles and personal jurisdiction, accelerated, interlocutory appeal challenging the trial court's order denying of special appearance; case dismissed for lack of personal jurisdiction) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Sam Nuchia Before Chief Justice Radack, Justices Nuchia and Higley 01-07-01035-CV Choice Auto Brokers, Inc. v. Carl Dawson Appeal from 152nd District Court of Harris County Trial Court Judge: Hon. Kenneth P. Wise Garrett v. Harris County Hospital District (Tex.App.- Houston [1st Dist.] Aug. 14, 2008)(Bland) (TTCA, HCLC, discovery rule does not appy to notice requirement under Texas Tort Claims Act) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Taft, Jennings and Bland 01-07-00836-CV Autrey Garrett, Individually and as next Friend of Jasmine, Devin and Shanae Garrett, Minor Children v. Harris County Hospital District Appeal from 152nd District Court of Harris County Trial Court Judge: Hon. Kenneth P. Wise Green v. Alford (Tex.App.- Houston [14th Dist.] July 15, 2008)(Opinion on en banc rehearing by Guzman) (personal injury PI liability for fire truck collision, accident, official immunity defense rejected) AFFIRMED: Opinion by Justice Guzman Before Chief Justice Hedges, Justices Brock Yates, Anderson, Hudson, Fowler, Frost, Seymore, Guzman, Brown and Boyce 14-05-00407-CV Christopher Green v. Dwainia Alford, Individually and as Next Friend of Aaron Alford and Ronald Alford Appeal from 152nd District Court of Harris County Trial Court Judge: Kenneth Price Wise Concurring Opinion by Justice Frost Dissenting Opinion by Justice Hudson Awoniyi v. Mcwilliams, MD (Tex.App.- Houston [14th Dist.] June 10, 2008)(Brown) HCLC, untimely expert report, attorney's fees award remanded, failure to segregate recoverable an unrecoverable) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Brown Before Justices Brock Yates, Guzman and Brown 14-07-00071-CV Oluwakemi Awoniyi & Quadri Ige v. Robert Barton McWilliams., M.D. and the Womans Hospital of Texas Appeal from 152nd District Court of Harris County Trial Court Judge: Kenneth Price Wise Piper v. Storage Trust Realty (Tex.App.- Houston [14th Dist.] Apr. 10, 2008)(per curiam) (no brief filed) DISMISSED: Per Curiam 14-07-00334-CV David Piper and Wife Sharon Piper v. Storage Trust Realty, Inc. and Public Storage, Inc. | Appeal from 152nd District Court of Harris County | Trial Court Judge: Kenneth Price Wise Poland v. Dr. James Willerson (Tex.App.- Houston [1st Dist.] Mar. 13, 2008)(Taft) (HCLC, expert report, TTCA, election of individual defendant or governmental unit) AFFIRM TC JUDGMENT: Opinion by Justice Taft 01-07-00198-CV Raymon Poland, Individually and as Independent Administrator of the Estate of Jessie Poland, Robert Martin, and Frank Martin v. Dr. James Willerson Appeal from 152nd District Court of Harris County (Judge Ken Wise) In Re Next Financial Group, Inc. (Tex. App.- Houston [14th Dist.] Mar. 6, 2008)(per curiam denial) MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Boyce 14-08-00005-CV In Re Next Financial Group, Inc. Appeal from 152nd District Court of Harris County (Judge Ken Wise) St. Luke's Episcopal Hospital and Texas Heart Institute v. Poland (Tex.App.- Houston [1st Dist.] Feb. 14, 2008)(Taft) (HCLC, medical malpractice, timeliness of expert report) 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, Keyes and Alcala) 01-06-01038-CV St. Luke's Episcopal Hospital and Texas Heart Institute v. Raymon Poland, individually and as independent administrator of the estate of Jesse Poland, Robert Martin, and Frank Martin Appeal from 152nd District Court of Harris County (Honorable Ken Wise) General Star Indemnity Co. v. Gulf Coast Marine Ass'n (Tex. App. - Houston [14th Dist.] Feb. 14, 2008) (Guzman) (insurance law, duty to defend, indemnify) AFFIRMED: Opinion by Justice Guzman Before Justices Brock Yates, Fowler and Guzman 14-06-00662-CV General Star Indemnity Co. v. Gulf Coast Marine Associates, Inc. Appeal from 152nd District Court of Harris County (Judge Kenneth Price Wise) Dissenting Opinion by Justice Brock Yates Austin v. Countywide Home Loans (Tex.App.- Houston [1st Dist.] Feb. 7, 2008)(Hanks) (suit on promissory note) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Nuchia, Hanks and Higley 01-06-00547-CV Albert O. Austin v. Countrywide Home Loans, Rex L. Kessler, Thomas E. Redder and Keith Morris Appeal from 152nd District Court of Harris County (Hon. Kenneth P. Wise) Poland v. Grigore (Tex.App.- Houston [1st Dist.] Feb. 1, 2008)(Taft) (HCLA, Med Mal, expert report) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Keyes and Alcala 01-07-00197-CV Raymon Poland, individually and as independent administrator of the estate of Jesse Pland, Robert Martin, and Frank Martin v. Dr. Alina Grigore and Dr. Arthur S. Keats & Associates Appeal from 152nd District Court of Harris County (Judge Ken Wise) Poland v. Ott (Tex.App. - Houston [14th Dist.] Jan 31, 2008)(Taft) (HCLC, med mal suit, health care liabiity claim, timely delivery of expert report by proper method) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Keyes and Alcala 01-07-00199-CV Raymon Poland, Individually and as Independent Administrator of the Estate of Jessie Poland, Robert Martin, and Frank Martin v. Dr. David Ott Appeal from 152nd District Court of Harris County (Judge Ken Wise) Acosta v. Memorial Hermann Hospital System (Tex. App.- Houston [14th Dist.] Jan. 22, 2007)(Anderson) (HCLC, medical malpractice, limitations) AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Guzman 14-07-00001-CV Mirna Acosta, Individually and as next of friends, Natural Parent, and Legal Guardian of Denis Acosta v. Memorial Hermann Hospital System, Memorial Hermann Hospital System d/b/a Memorial Hermann Southwest Hospital, Dinsdale W. Ford, M.D., and Greater Houston Anesthesiology, P.A-- Appeal from 152nd District Court of Harris County (Judge not identified, presumably Hon. Ken Wise) Looper v. HCCS (Tex.App.- Houston [14th Dist.] Nov. 29, 2007)(Hedges)(public employment, breach of contract, defamation, intentional infliction of emotional distress, IIED, Whistleblower Act claim, WBA) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Hudson and Frost 14-07-00040-CV Stan H. Looper and Cynthia M. Scott v. Houston Community College System, Bruce Leslie, Diana Castillo, and Reynaldo Garay Appeal from 152nd District Court of Harris County (Hon. Ken P. Wise) Mustang Security and Investigations, Inc. v. Alpha & Omega Services, Inc. (Tex.App.- Houston - Houston [1st Dist.] Nov. 15, 2007)(Taft)(at will employment) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Hanks and Higley 01-06-00093-CV Mustang Security and Investigations, Inc., Marilyn Wachel v. Alpha & Omega Services, Inc. | Appeal from 152nd District Court of Harris County (Hon. Kenneth P. Wise) Tellez v. Allstate Texas Lloyds (Tex.App.- Houston [14th Dist.] Oct. 30, 207)(Edelman) (insurance law, coverage dispute, contractual and extra-contractual claims) AFFIRMED AS MODIFIED: Opinion by Justice Edelman Before Justices Brock Yates, Edelman and Seymore 14-06-00305-CV Lucy Tellez v. Allstate Texas Lloyds Appeal from 152nd District Court of Harris County (Hon. Ken Price Wise) Johnson v. Moody International (Tex.App.- Houston [14th Dist.] Oct. 11, 2007)(Hedges) (employment law, retaliatory discharge, workers compensation claim) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Frost and Guzman 14-07-00213-CV Monica Johnson v. Moody International, Inc. Appeal from 152nd District Court of Harris County (Hon. Kenneth P. Wise) Anglo-Dutch Petro Int., Inc. v. Littlemill Ltd. (Tex.App.- [14th Dist.] Oct. 2, 2007)(Anderson) (breach of contract damages affirmed, attorney's fees reversed) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Anderson Before Justices Anderson, Hudson and Fowler 14-06-00921-CV Anglo - Dutch Petroleum International, Inc. and Anglo - Dutch (Tenge) LLC v. Littlemill Limited--Appeal from 152nd District Court of Harris County (Hon. Kenneth Price Wise) Concurring Opinion by Justice Fowler (disagreement on attorney's fee issue) Before Justices Anderson, Hudson and Fowler 14-06-00921-CV Anglo - Dutch Petroleum International, Inc. and Anglo - Dutch (Tenge) LLC v. Littlemill Limited--Appeal from 152nd District Court of Harris County (Judge Kenneth P. Wise) Lalila v. Parker Drilliing Co. (Tex.App.- Houston [1st Dist.] Sep. 27, 2007)(Alcala) (personal jurisdiction, special appearance, minimum contacts) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Jennings and Alcala 01-06-00844-CV Mosammat Lalila and Sajeda, et al v. Parker Drilling Company and Niko Resources, Ltd. --Appeal from 152nd District Court of Harris County (Hon. Kenneth P. Wise) Fleming v. Astroworld (Tex.App.- Houston [1st Dist.] Aug. 30, 2007)(Wilson)(premises liability suit) AFFIRM TC JUDGMENT: Opinion by Judge Wilson Before Judge Wilson, Justices Alcala and Hanks 01-06-00094-CV Sabrina Fleming a/n/f of Gregory Lawson and Gregory Lawson v. Astroworld, GP LLC-- Appeal from 152nd District Court of Harris County (Hon. Kenneth P. Wise) Boston Medical Group v. Ellis (Tex.App.- Houston [14th Dist.] Aug. 30, 2007)(Frost)(special appearance, medical malpractice, failed penis repair) AFFIRMED: Opinion by Justice Frost Before Justices Frost, Seymore and Guzman 14-06-00801-CV Boston Medical Group v. Mark Ellis Appeal from 152nd District Court of Harris County (Hon. Kenneth Price Wise) Soto v. International Medical Group, Inc (Tex.App.- Houston [14th Dist.] Apr. 3, 2007)(Anderson) [medical insurance coverage denial, rescission of policy based on nondisclosure] AFFIRMED: Opinion by Justice Anderson (Before Justices Brock Yates, Anderson and Hudson) 14-05-00956-CV Iris Reyes-Soto v. International Medical Group, Inc. and Sirius International Insurance Corporation Appeal from 152nd District Court of Harris County (Judge Kenneth Price Wise) Green v. Alford (Tex.App.- Houston [14th Dist.] Mar. 27, 2007)(Dissent by Guzman) (PI, personal injury, firefighter liability, official immunity, good faith) Green v. Alford (Tex.App.- Houston [14th Dist.] Mar. 27, 2007)([Superseded panel opinion] by Hudson) REVERSED AND RENDERED: Opinion by Justice Hudson Before Justices Anderson, Hudson and Guzman 14-05-00407-CV Christopher Green v. Dwainia Alford, Individually and as Next Friend of Aaron Alford and Ronald Alford Appeal from 152nd District Court of Harris County (Judge Kenneth Price Wise) |
| Hon. Kenneth Price Wise [Former] Judge of the 152nd District Court in Harris County, Texas HOUSTON OPINIONS |
| Harris County Civil Courts and Judges Houston Opinions Home Page |
Also see ---> Official web site for the 152nd District Court
(Hon. Robert Schaffer, presiding judge)
Judge Kenneth Price Wise, better known as Ken Wise
sought reelection as the Republican candidate for this bench in 2008
(See --> Ken Wise Campaign Website) Judge Wise's Democratic
challenger in the 2008 general election: Attorney Robert K.
"Bob" Schaffer won the contest. Ken Wise returned to the practice
as a litigator in a new law firm. Attorney David Melasky was Schaffer's
opponent in the Democratic primary. See photos of these candidates on
the Harris County Democratic Party web site. Also see entire slate of
Democratic Judicial Candidates running against Republican civil district
court incumbents in Harris County | Incumbent Harris County GOP
Judges who ran for reelection in 2008
HOUSTON CHRONICLE ENDORSED DEMOCRATIC CANDIDATE:
Robert Schaffer for 152nd Judicial District: "Democrat Schaffer has
practiced law for nearly a quarter-century in Houston and has served as
the president of the Houston Trial Lawyers Association."
|
| 2008 152nd District Court Race Republican Incumbent Hon. Kenneth Price Wise vs. Democratic Challenger Robert Schaffer |
2008 ELECTION OUTCOME: REP Ken Wise 537,730 Votes: 48.90%
DEM Robert Schaffer 561,864 Votes: 51.10%
DEM Robert Schaffer 561,864 Votes: 51.10%
FEBRUARY 2011 UPDATE: Judge Wise makes come-back: Appointed to take place of Sharon McCally who
ascended to the Court of Appeals -- on the 334th District Court Bench.
ascended to the Court of Appeals -- on the 334th District Court Bench.
| Gov. Perry Appoints Wise as Judge of the 334th District Court Thursday, February 17, 2011 • Austin, Texas • Appointment PRESS RELEASE: Gov. Rick Perry has appointed Kenneth Wise of Humble as Judge of the 334th District Court in Harris County for a term to expire at the next general election. Wise is a partner at Fridge, Resendez and Wise LLC and former judge of the 152nd Judicial District Court in Harris County. He is a member of the State Bar of Texas, Houston Bar Association and Executives Association of Houston, a fellow of the Texas and Houston Bar foundations, and director of the Texas Lyceum Association. He is also director of Houston Crimestoppers Inc. and the Former Texas Rangers Foundation, and committee chair of the Houston Livestock Show and Rodeo. Wise received a bachelor's degree from Texas A&M University and a law degree from the University of Houston Law Center. This appointment is subject to senate confirmation. . |