RECENT OPINIONS BY HON. JIM SHARP
Also see --> 2009 Civil Opinions by Jim Sharp
In re Aramco Services Co (Tex.App.- Houston [1st Dist.]
Mar. 19, 2010)(Sharp) (arbitration mandamus) (choice
of law and forum and language for arbitration and
notices)
GRANT PETITION FOR WRIT OF MANDAMUS: Opinion
by Justice Sharp
Before Justices Keyes, Sharp and Massengale
01-09-00624-CV In re Aramco Services Company
Appeal from 334th District Court of Harris County
Trial Court Judge: Hon Sharon McCally
In light of our conclusion that the trial court could not be the
“Authority” empowered to appoint arbitrators pursuant to the
parties’ agreement, we do not reach the question concerning the
empanelment of non-Muslim arbitrators.
Whyte v. Whyte (Tex.App.- Houston [1st Dist.] Feb. 25,
2010)(Sharp)(bill of review, partial summary judgment,
no interlocutory appellate jurisdiction)
DISMISS APPEAL: Opinion by Justice Sharp
Before Justices Keyes, Sharp and Massengale
01-08-00834-CV Marsha Whyte v. Lawrence Whyte
Appeal from 247th District Court of Harris County
Trial Court Judge: Hon. Bonnie Hellums
Rutherford v. Rutherford (Tex.App.- Houston [1st Dist.]
Feb. 25, 2010)(Sharp)(no final order, involuntary
dismissal of attempted appeal for want of jurisdiction)
(non-appealable, interlocutory order)(no statutory basis
for appellate jurisdiction to consider interlocutory
appeal)
DISMISS APPEAL: Opinion by Justice Sharp
Before Justices Keyes, Sharp and Massengale
01-08-00999-CV Nancy D. Rutherford v. Michael G.
Rutherford
Appeal from 257th District Court of Harris County
Trial Court Judge: The Honorable Judy L. Warne
Prisoner wins appeal after dismissal of suit against
bonding company
Adi v. Rapid Bail Bonding Co. (Tex.App.- Houston [1st
Dist.] Feb. 18, 2010)(Sharp) (summary judgment
improperly granted in favor of surety)
REVERSE TRIAL COURT JUDGMENT AND REMAND
CASE TO TRIAL COURT FOR FURTHER
PROCEEDINGS: Opinion by Justice Jim Sharp
Before Justices Keyes, Sharp and Massengale
01-08-00290-CV John Adi v. Rapid Bail Bonding
Company and Martin Halick
Appeal from 190th District Court of Harris County
Trial Court Judge: Hon. Jennifer Walker Elrod
OPINIONS HON. SHARP IN 2009 CIVIL CASES
Sharp Dissent in Dyess v. Harris (corrected opinion) (Tex.App.-
Houston [1st Dist.] Oct. 26, 2009)(Sharp, Dissenting) ("I dissent.
The trial court preemptively usurped the jury’s fact-finding role.")
OPINION DISSENTING TO THIS COURT'S JUDGMENT:
Dissenting Opinion by Justice Sharp
Before Chief Justice Radack, Justices Taft and Sharp
01-08-00673-CV Carl D. Dyess a/n/f of Allison Veasey v. Leon
Harris, Donna L. Harris and Spaulding for Childrens
Appeal from 234th District Court of Harris County
Trial Court Judge: The Honorable Reece Rondon
Sharp Dissent from denial of en banc review in Walker v. DFPS
(Tex.App.- Houston [1st Dist.] Oct. 9, 2009)(Sharp) (termination of
parental rights)
OPINION DISSENTING TO THIS COURT'S JUDGMENT:
Dissenting Opinion by Justice Sharp
Before Justices Jennings, Hanks and Bland
01-07-00867-CV Frederick Dewayne Walker v. Department of
Family and Protective Services
Appeal from 314th District Court of Harris County
Trial Court Judge: Hon. John Phillips
Showbiz Multimedia LLLC v. Mountain States Mortgage Co.
(Tex.App.- Houston [1st Dist.] Oct. 8, 2009)(Sharp)
(incurable jury argument)
REVERSE TRIAL COURT JUDGMENT AND REMAND CASE TO
TRIAL FOR FURTHER PROCEEDINGS:
Opinion by Justice Sharp
Before Justices Taft, Bland and Sharp
01-07-00810-CV Showbiz Multimedia, LLC; Showbiz Multimedia
Entertainment, LLC; and Vinay Karna v. Mountain States
Mortgage Company; Remington Financial Group, Inc.; and
Matthew McManus
Appeal from 387th District Court of Fort Bend County
Concurring Opinion by Justice Taft in Showbiz Multimedia v.
Mountain States Mortgage Company
Harrison v. Charlie Thomas Ford, Ltd. (Tex.App.- Houston [1st
Dist.] Sep. 24, 2009)(Sharp) (DTPA, Finance Code violations in
installment sale of motor vehicle alleged, waiver of arguments on
appeal)
AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Sharp
Before Chief Justice Radack, Justices Taft and Sharp
01-08-00164-CV Russell W. Harrison v. Charlie Thomas Ford,
Ltd., d/b/a Charlie Thomas Ford
Appeal from 61st District Court of Harris County
Trial Court Judge: Hon. John Donovan
In re Coffer (Tex.App.- Houston [1st Dist.] Aug. 4, 2009)(Sharp)
(habeas corpus, mother held in contempt for nonpayment of
child support)
DENY PETITION FOR WRIT OF HABEAS CORPUS:
Opinion by Justice Sharp
Before Justice Sharp
01-08-00666-CV In re Alicia M. Coffer
Appeal from 312th District Court of Harris County
Trial court judge: David Farr | Robert Hinojosa
Lockhart, MD v. Guyden (Tex.App.- Houston [1st Dist.] Jul. 16,
2009)(Sharp) (denial of motion to dismiss found error in
interlocutory appeals)(sufficiency of expert report in HCLC suit,
wrongful death)
REVERSE TRIAL COURT JUDGMENT AND REMAND CASE TO
TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Sharp
Before Justices Taft, Bland and Sharp
01-08-00983-CV Christopher Lockhart, M.D. v. Normell W.
Guyden, Individually and as Heir to the Estate of Natalie J.
Guyden, Deceased
Appeal from 113th District Court of Harris County
Trial Court Judge: Hon. Patricia Hancock
Azteck International Business Corporation v. UPI
Communications (Tex.App.- Houston [1st Dist.] Jul. 9, 2009)
(Sharp) (finality issue, no final order from which appeal may be
taken)(DWOJ)
DISMISS APPEAL: Opinion by Justice Sharp
Before Chief Justice Radack, Justices Taft and Sharp
01-07-00907-CV Azteck International Business Corporation v.
UPI Communications
Appeal from 295th District Court of Harris County
Trial Court Judge: Hon. Tracy Christopher
Lawrence v. Geico (Tex.App.- Houston [1st Dist.] Jul. 2, 2009)
(Sharp) (car wreck property damage, subrogation claim in car
collision, SoL, diligence in procuring service on defendant,
admission of evidence, police report, requirements for proper
evidentiary objection, specificity, hearsay objection)
AFFIRM TRIAL COURT JUDGMENT:
Opinion by Justice Sharp
Before Justices Taft, Bland and Sharp
01-07-00873-CV Jonathan A. Lawrence v. Geico General
Insurance Company, as Subrogee
Appeal from the 405th District Court of Galveston County
Trial Court Judge: Hon. Wayne J. Mallia
In re Halliburton Co. (Tex.App.- Houston [1st Dist.] Jul. 2, 2009)
(Sharp) (arbitration mandamus) (FAA: trial court should have
granted motion to compel arbitration in employment dispute,
presumption of receipt of mailed arbitration agreement)
GRANT PETITION FOR WRIT OF MANDAMUS:
Opinion by Justice Sharp
Before Chief Justice Radack, Justices Taft and Sharp
01-09-00150-CV In re Halliburton Company
Appeal from 133rd District Court of Harris County
Trial Court Judge: Jaclanel M. McFarland
Justice Sharp begs to differ, but does not write
separately to dissent from supplemental opinion
in case that settled after opinion was handed
downMcShaffry v. Amegy Bank N.A. (Tex.App.- Houston [1st
Dist.] Jun. 18, 2009)(Bland) (settlement reached after opinion
issued, majority does not withdraw opinion, Justice Sharp would)
DISMISS APPEAL: Opinion by Justice Bland
Before Justices Taft, Bland and Sharp
01-08-00493-CV Mark S. McShaffry v. Amegy Bank National
Association
Appeal from 125th District Court of Harris County
Trial Court Judge: Hon. John Coselli
Green v. Harris County DA's Office (Tex.App.- Houston [1st Dist.]
Jun. 11, 2009)(Sharp) (expunction petition denied, frivolous suit
dismissal)
AFFIRM TRIAL COURT JUDGMENT:
Before Justices Taft, Bland and Sharp. Opinion by Jim Sharp
01-07-00917-CV Anthony Ray Green v. Harris County District
Attorney's Office, County Clerk of Harris County, and Sheriff of
Harris County
Appeal from 295th District Court of Harris County
Trial Court Judge: Hon. Tracy Christopher
Orr Archibald v. Archibald (Tex.App.- Houston [1st Dist.] Jun. 4,
2009)(Sharp) (attempted post-divorce redivision of benefits fails,
divorce decree not ambiguous, res judicata)
AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Sharp
Before Chief Justice Radack, Justices Taft and Sharp
01-08-00015-CV Aurore Hope Orr Archibald v. Larry Donald
Archibald
Appeal from County Court at Law of Washington Count
Trial Court Judge: Hon. Matthew Reue
AllStyle Coil Co, LP v. Correon (Tex.App.- Houston [1st Dist.] May
7, 2009)(Sharp) (arbitration confirmation suit under FAA, vacature
denied, grounds to vacate)(worker wins in arbitration, award
confirmed)
AFFIRM TRIAL COURT JUDGMENT:
Opinion by Justice Jim Sharp
Before Justices Taft, Bland and Sharp
01-07-00790-CV
AllStyle Coil Company, L.P. v. Roberto Carreon
Appeal from 133rd District Court of Harris County
Trial Court Judge: Hon. Lamar McCorkle
Abbott v. DFPS (Tex.App.- Houston [1st Dist.] Jan. 29, 2009)
(Sharp)
AFFIRM TRIAL COURT JUDGMENT:
Opinion by Justice Jim Sharp
Before Justices Taft, Bland and Sharp
01-07-01034-CV Angie Abbott v. Department of Family and
Protective Services
Appeal from 315th District Court of Harris County
Trial Court Judge: Hon. Michael H. Schneider Jr.
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