| Decisions of the Fourteenth Court of Appeals in Houston June 2008 |
Opinion Release Dates: Mar. 4, 6, 2008 NOTEWORTHY MARCH 2008 OPINIONS IN CIVIL CASES DETAILS FOR CASES DECIDED BY THE FOURTEENTH COURT OF APPEALS IN MARCH 2008 March 11, 2008 Civil Causes Decided: REVERSED AND REMANDED: Opinion by Justice Fowler (Before ) 14-06-00579-CV Maggie Feng Hong, Bo Hong, IAE Supply, Inc. and IAE Energy & Supplies, Inc. v. Integrated Applications Engineering, Inc. and David Howe--Appeal from 268th District Court of Fort Bend County DISMISSED IN PART AND REVERSED AND RENDERED IN PART: Opinion by Justice Anderson (Before ) 14-06-01054-CV Patrick Olajide Akinwamide v. Transportation Insurance Co., CNA Insurance Co. & Automatic Data Processing, Inc.--Appeal from 80th District Court of Harris County AFFIRMED: Opinion by Justice Brown (Before ) 14-06-01073-CV Ronald Grayson v. Joseph Anselmo, Individually and D/B/A Joe's Barber Shop--Appeal from Co Civil Ct at Law No 1 of Harris County REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by Justice Fowler (Before ) 14-07-00438-CV Scott Rivenes, M.D. v. Donald M. Holden and Mary Holden--Appeal from 434th Judicial District Court of Fort Bend County Criminal Causes Decided: AFFIRMED: Opinion by Justice Seymore (Before ) 14-06-00816-CR Vincent Chukuemeka Agu v. The State of Texas--Appeal from 179th District Court of Harris County AFFIRMED: Opinion by Chief Justice Hedges (Before ) 14-07-00253-CR Christian Guadalupe Hernandez v. The State of Texas--Appeal from 174th District Court of Harris County March 6, 2008 Civil Causes Decided: Graybar Electric Co., Inc. v. Lem & Associates, LLC (Tex.App.- Houston [14th Dist.] Mar. 6, 2008) (Frost) (commercial law, breach of contract, counterclaim, attorney's fees) REVERSED AND REMANDED: Opinion by Justice Frost Before Justices Anderson, Frost and Mirabal 14-06-00714-CV Graybar Electric Co., Inc. v. Lem & Associates, L.L.C Appeal from 165th District Court of Harris County (Judge Elizabeth Ray) Concurring and Dissenting Opinion by Justice Mirabal in Graybar DISMISSED: Per Curiam Before Justices Brock Yates, Guzman and Brown 14-07-00548-CV Mitchell K. Lowe v. Dietrich Industries, Inc. Appeal from 344th District Court of Chambers County DISMISSED: Per Curiam Before Justices Brock Yates, Fowler and Guzman 14-07-00668-CV Gregory A. Buford, Gulf Coast Demolition Services, L.P., and Buford & Connell Construction Services, Inc. v. Partners Bank of Texas Appeal from 55th District Court of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Guzman and Brown 14-07-00893-CV Janeth R. Jackson and A.R. Brake-Wrecker Service, Inc. v. Carmen Olivera Appeal from Co Civil Ct at Law No 4 of Harris County DISMISSED: Per Curiam Before Justices Fowler, Frost and Seymore 14-07-00997-CV John Brian Dubiski v. Michelle R. Dubiski Appeal from 311th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Boyce 14-07-01012-CV Garry Edward Moulton v. Shella Faye Moulton Appeal from 246th District Court of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Guzman and Brown 14-07-01088-CV Steam Way Services a/k/a Steam Way Inc., and Hamid Nikou v. Pat Dean Appeal from 281st District Court of Harris County 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) Criminal Causes Decided: AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Boyce 14-06-00286-CR Alfred Edward Johnson v. The State of Texas Appeal from 209th District Court of Harris County AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Boyce 14-06-00287-CR Alfred Edward Johnson v. The State of Texas Appeal from 209th District Court of Harris County AFFIRMED: Opinion by Justice Frost Before Chief Justice Hedges, Justices Anderson and Frost 14-06-00540-CR Deshun Thomas v. The State of Texas Appeal from 209th District Court of Harris County AFFIRMED: Opinion by Justice Seymore Before Justices Fowler, Frost and Seymore 14-06-00747-CR Richard Garza v. The State of Texas Appeal from 183rd District Court of Harris County AFFIRMED: Opinion by Justice Seymore Before Justices Fowler, Frost and Seymore 14-06-00909-CR Willie Ray Sample v. The State of Texas Appeal from 184th District Court of Harris County AFFIRMED: Opinion by Justice Boyce Before Chief Justice Hedges, Justices Anderson and Boyce 14-06-01104-CR Sylvester Earl Lofton v. The State of Texas Appeal from 339th District Court of Harris County AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Boyce 14-06-01155-CR Jaterell Kelon Fisher v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Boyce 14-06-01156-CR Jaterell Kelon Fisher v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Boyce 14-07-00274-CR Raymond Ladaniel James v. The State of Texas Appeal from 262nd District Court of Harris County March 4, 2008 Civil Causes Decided: Norra v. Harris County, Texas No. 14-05-01211-CV (Tex.App. - Houston [14th Dist.] Mar. 4, 2008) (Guzman) (civil penalty for environmental violations affirmed) AFFIRMED: Opinion by Justice Guzman Before Justices Brock Yates, Fowler and Guzman Carol Ann Norra v. Harris County, Texas; Texas Commission on Environmental Quality; and Texas Department of Health Appeal from 55th District Court of Harris County (Judge now Justice Jeff Brown) In the Interest of AS, DS, and LAS (Tex.App.- Houston [14th Dist.] Mar. 4, 2008)(Fowler) (termination of parental rights reversed) REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by Justice Fowler Before Justices Brock Yates, Fowler and Guzman 14-07-00140-CV In the Interest of A.S., D.S. and L.A.S Appeal from 314th District Court of Harris County (Judge John Phillips) In re McCloske (Tex.App.- Houston [14th Dist.] Mar. 4, 2008)(per curiam) (mandate compliance) MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Boyce 14-08-00105-CV In Re Christopher Joseph McCloske Appeal from 387th District Court of Fort Bend County (Judge Robert J. Kern) Criminal Causes Decided: AFFIRMED: Opinion by Justice Fowler Before Justices Brock Yates, Fowler and Guzman 14-06-00890-CR Lee W. Sansom v. The State of Texas Appeal from 177th District Court of Harris County AFFIRMED: Opinion by Justice Fowler Before Justices Brock Yates, Fowler and Guzman 14-06-00891-CR Lee W. Sansom v. The State of Texas Appeal from 177th District Court of Harris County Causes Set for Submission on Oral Argument SET FOR SUBMISSION ON ORAL ARGUMENT ON 3/4/2008 AT 1:30 PM (Before Chief Justice Hedges, Justices Anderson and Brown) 14-07-00063-CV AKIB Construction Inc. v. Neff Rental Inc. Harris 14-07-00228-CR Gari Manfredo Chacon v. The State of Texas Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 3/5/2008 AT 1:30 PM (Before Justices Brock Yates, Guzman and Boyce) 14-07-00752-CV The City of Houston v. Petroleum Traders Corporation Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 3/6/2008 AT 1:30 PM (Before Justices Fowler, Frost and Seymore) 14-06-01092-CV In the Matter of the Seizure of Gambling Proceeds and Devices Harris 14-07-00237-CV GP II Energy, Inc., George P. Mitchell, II and Brian M. Sirgo, v. Chamberlain, Hrdlicka, White, Williams & Martin, A Partnership of Professional Corporation, and Brian L. Gennity Harris 14-08-00065-CV In Re: Amy Elizabeth Burk Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 3/12/2008 AT 1:30 PM (Before Justices Brock Yates, Guzman and Brown) 14-07-00290-CV F. Alan "Bud" Frick, Butler & Cook, Inc. d/b/a Butler and Cook, Inc. Butler and Cook Hydraulic Center, Inc., B & C of Fort Smith, Inc. and John J. "Toby" Koprovic v. Total Separation Solutions, LLC Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 3/25/2008 AT 1:30 PM (Before Chief Justice Hedges, Justices Anderson and Boyce) 14-07-00717-CV SP Midtown Ltd. d/b/a Space Place Midtown v. Urban Storage, L.P. d/b/a Midtown Mini Storage and d/b/a Midtown Mini Warehouse and d/b/a Midtown Self Storage , Midtown Storage, L.L.C and The Jenkins Organization, Inc., Harris 14-07-00739-CV Syed Ahmed v. Metropolitan Transit Authority Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 3/27/2008 AT 1:30 PM (Before Justices Fowler, Frost and Mirabal) 14-06-00876-CV Jessica Wilkins, Individually and as Personal Representative of the Estate of Sha'nya Harris, Deceased v. Jalil Thurber, M.D., Julie Kathyryn McManemy, M.D. Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 3/27/2008 AT 1:30 PM (Before Justices Fowler, Frost and Seymore) 14-06-00924-CV Kirby Lake Development, Ltd., Et Al v. Clear Lake City Water Authority Harris 14-07-00103-CV Sonic Systems International, Inc. v. Randy Croix, Eddie Croix Insurance Agency, Inc. and Texas Mutual Insurance Company F/K/A Texas Worker's Compensation Insurance Fund Harris 14-07-00129-CR Deaundrey Laval Wooten v. The State of Texas Harris 14-07-00130-CR Deaundrey Laval Wooten v. The State of Texas Harris 14-07-00131-CR Deaundrey Laval Wooten v. The State of Texas Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 3/27/2008 AT 1:30 PM (Before Chief Justice Hedges, Justices Brown and Boyce) 14-07-00099-CV Chappell Hill Bank v. Lillian Smith Washington 14-07-00380-CV Bluebonnet Petroleum, Inc. v. Kolkhorst Petroleum Company, Inc. Washington SET FOR SUBMISSION ON ORAL ARGUMENT ON 4/1/2008 AT 1:30 PM (Before Chief Justice Hedges, Justices Fowler and Boyce) 14-07-00970-CV Wellington Underwriting Agencies Limited, Et Al v. The Houston Exploration Company and Offshore Specialty Fabricators Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 4/2/2008 AT 1:30 PM (Before Justices Brock Yates, Anderson and Brown) 14-06-00716-CV Clearview Properties, L.P., Michael Starcher, Trustee for the Crown Hill Trust, Craig Walker d/b/a Clearview Properties, L.P., and Clearview Investments Ltd. v. Property Texas SC One Corporation , Clarion Partners, LLC, Granite Partners, LLC d/b/a Granite Partners I, LLC, Triple Net Prperties, LLC, T Reit, L.P., and T Reit, Inc. Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 4/3/2008 AT 1:30 PM (Before Justices Frost, Seymore and Guzman) 14-07-00204-CV The Travis Law Firm, A Professional Corporation v. Woodson Wholesale Inc. Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 4/8/2008 AT 1:30 PM (Before Chief Justice Hedges, Justices Frost and Boyce) 14-07-00352-CV Underwriters at Lloyds Subscribing to Policy Nos. MDJ03/L075 and MDJ03/Z0165 and Markel International Insurance Company Limited Subscribing to Policy No. MDJ03/A0165 v. Edmond Deaton & Stephens Insurance Agency, Inc. Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 4/9/2008 AT 1:30 PM (Before Justices Brock Yates, Anderson and Brown) 14-07-00354-CV The Appraisal Review Board of Harris County Appraisal District, and Robert Cunningham, former Chairman v. O'Connor & Associates, Et Al Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 4/10/2008 AT 1:30 PM (Before Justices Frost, Seymore and Guzman) 14-07-00150-CV Ahmad Moutasse, Rajar Pacha, M.D., v. Gretchen Casey, Individually, Et Al Harris 14-07-00210-CV Donna Ardoin, Individually, and as legal Representative of the Estate of Floyd Ardoin, Deceased v. Anheuser Busch, Incorporated Harris 14-07-00330-CV Tara Partners, Ltd., Granada Terrace, Ltd., David R. Wise, 1606 Savannah LLC, Windsor Gardens Ltd., and Freeport Villa Brazos Apartments Ltd., v. City of South Houston Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 4/18/2008 AT 1:30 PM (Before Chief Justice Hedges, Justices Brown and Boyce) 14-07-00050-CV Headington Oil Company, L.P., on it's own behalf and as successor-in-interest to Headington Canada Corp. and Headington Oil Company & Bruce Gary v. Modesto White, Jr. & Richard N. Evans Chambers 14-07-00193-CR Luther Windham v. The State of Texas Chambers 14-07-00895-CV Arboretum Nursing and Rehabilitation Center of Winnie, Inc v. Mary Isaacks, Individually and as Representative of the Estate of Robert Isaacks SR., Deceased and Robert L. Isaacks, JR and Debra Gernert Individually Chambers SET FOR SUBMISSION ON ORAL ARGUMENT ON 4/22/2008 AT 1:30 PM (Before Chief Justice Hedges, Justices Fowler and Boyce) 14-07-00082-CV Classic Contractors of Houston Ltd., and Classic GP, LLC & Western Surety Company ("WSC") v. Triple B Services, LLP Harris 14-07-00304-CV Patrick Reinhardt v. Joe Walker Brazoria 14-07-00613-CV Sheela Chacko, Individually, as Administratrix of the Estate of James Chacko, Deceased, and as Next Friend of Joshua & Christopher Chacko Minor Children v. Abraham P. Mathew, Susan Abraham, Suvisangam Investment Inc., D/B/A Shiva Indian Resturant & Saranam Investment, Inc., D/B/A Shiva Indian Resturant, II Fort Bend SET FOR SUBMISSION ON ORAL ARGUMENT ON 4/23/2008 AT 1:30 PM (Before Justices Brock Yates, Anderson and Brown) 14-07-00170-CV Allied Mortgage Capital Corporation and Jason Clint Price v. Advantage Investors Mortgage Corporation and Access Lending Corporation Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 4/24/2008 AT 1:30 PM (Before Justices Fowler, Seymore and Guzman) 14-07-00057-CV CA Partners v. Marshall Spears and CitiFinancial, Inc. Galveston 14-07-00840-CV Texas Department of Public Safety v. Sheatri Little Waller SET FOR SUBMISSION ON ORAL ARGUMENT ON 4/29/2008 AT 1:30 PM (Before Chief Justice Hedges, Justices Anderson and Brown) 14-06-00835-CV Merck & Co., Inc. v. Carol A. Ernst, Individually & as Representative of the Estate of Robert Charles Ernst, and Angela Ernst Brazoria |
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Opinion Release Dates: June 3, 5, 6, 10, 12, 13, 16, 17, 18, 19, 20, 24, 26, 2008 APPEALS DECIDED JUNE 2008 WITH LINKS TO OPINIONS IN CIVIL CASES DETAILS FOR CASES DECIDED BY THE FOURTEENTH COURT OF APPEALS IN JUNE 2008 June 26, 2008 Civil Causes Decided: In the Interest of TDN (Tex.App.- Houston [14th Dist] June 26, 2008)(Frost) (termination of parental rights, oral motion for continuance deficient, error not preserved) AFFIRMED: Opinion by Justice Frost Before Justices Fowler, Frost and Seymore 14-07-00387-CV In the Interest of T.D.N. Appeal from 313th District Court of Harris County Concurring Opinion by Justice Seymore DISMISSED: Per Curiam (case settled) Before Chief Justice Hedges, Justices Fowler and Boyce 14-08-00088-CV Post-Newsweek Stations, Houston, L.P. (KPRC-TV) v. Eric Bennington and Jackie Bennington, individually and d/b/a ENB Contracting Appeal from 295th District Court of Harris County Trial Court Judge: Tracy Kee Christopher City of Houston v. Proler (Tex.App.- Houston [14th Dist.] June 26, 2008)(per curiam) (agreed dismissal, motion to split costs denied in absence of agreement) DISMISSED: Per Curiam Before Justices Brock Yates, Anderson and Brown 14-08-00110-CV City of Houston v. Shayn A. Proler Appeal from 234th District Court of Harris County Trial Court Judge: Reese Rondon In Re George R. Neely (Tex.App.- Houston [14th Dist.] June 26, 2008)(per curiam) (attorney discipline, mandamus denied in attorney disbarment case) MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Fowler and Boyce) 14-08-00525-CV In Re George R. Neely Appeal from 164th District Court of Harris County Judge: Jack H. Robison, assigned judge Criminal Causes Decided: AFFIRMED: Opinion by Justice Frost (Before Justices Fowler, Frost and Seymore) 14-06-01032-CR Jesse Caballero v. The State of Texas Appeal from 185th District Court of Harris County REVERSED AND REMANDED: Opinion by Justice Frost (Before Justices Fowler, Frost and Seymore) 14-06-01035-CR Raymond Desmond Murray v. The State of Texas Appeal from 185th District Court of Harris County AFFIRMED: Opinion by Justice Seymore (Before Justices Frost, Seymore and Guzman) 14-07-00192-CR Tymothie Joe Williams v. The State of Texas Appeal from 240th District Court of Fort Bend County AFFIRMED: Per Curiam (Before Justices Brock Yates, Anderson and Brown) 14-07-00749-CR Mohammad Mowafac Jabri v. The State of Texas Appeal from 248th District Court of Harris County DISMISSED: Per Curiam (Before Justices Frost, Seymore and Guzman) 14-07-00846-CR Todd D. Woods v. The State of Texas Appeal from 262nd District Court of Harris County DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Fowler and Boyce) 14-08-00496-CR Barney Joe Donalson Jr. AKA: Damon Henry Downs v. The State of Texas Appeal from 185th District Court of Harris County DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Fowler and Boyce) 14-08-00497-CR Barney Joe Donalson Jr. AKA: Damon Henry Downs v. The State of Texas Appeal from 185th District Court of Harris County DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Fowler and Boyce) 14-08-00498-CR Barney Joe DOnalson Jr. AKA: Damon Henry Downs v. The State of Texas Appeal from 185th District Court of Harris County DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Fowler and Boyce) 14-08-00499-CR Barney Joe Donalson Jr. AKA: Damon Henry Downs v. The State of Texas Appeal from 185th District Court of Harris County June 24, 2008 Civil Causes Decided: Trousdale v. Henry (Tex.App.- Houston [14th Dist.] June 24, 2008)(Fowler) (legal malpractice, claim splitting, applicable statute of limitations, tolling, discovery rule) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Fowler Before Justices Brock Yates, Fowler and Guzman 14-06-00848-CV Lenieta Wylene Trousdale v. Annette M. Henry, R. Christopher Bell and Bell & Henry, L.L.P. | Appeal from 129th District Court of Harris County Trial Court Judge: Samuel Grant Dorfman Concurring and Dissenting Opinion by Justice Guzman (different legal causes of action with different statutes of limitations not separate claims). Spring Creek Village Apartments Phase V, Inc. v. General Star Indemnity Co. (Tex.App.- Houston [14th Dist.] June 24, 2008) (Guzman) (insurance law, excess insurer coverage, third appeal) AFFIRMED: Opinion by Justice Guzman Before Price, Justices Brock Yates and Guzman 14-06-00978-CV Spring Creek Village Apartments Phase V, Inc. v. General Star Indemnity Company Appeal from 334th District Court of Harris County Trial Court Judge: Sharon McCally Woods v City of Galveston (Tex.App.- Houston [14th Dist.] June 24, 2008) (Guzman) (public employment disputes, discrimination suit by fire fighter) AFFIRMED: Opinion by Justice Guzman Before Justices Brock Yates, Guzman and Brown) 14-06-01022-CV Tarris Woods v. City of Galveston, Texas and City of Galveston Fire Fighters' and Police Officers' Civil Service Commission Appeal from 56th District Court of Galveston County Trial Court Judge: Lonnie Cox In the Interest of KRS (Tex.App.- Houston [14th Dist.] June 24, 2008)(Yates) (paternity, nonpaternity, failure to present error in opening brief proves fatal to appeal, rule enforced) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Brown 14-07-00080-CV In the Interest of K.R.S., a child Appeal from 306th District Court of Galveston County Trial Court Judge: Janis Louise Yarbrough Marline Deandre House v. State of Texas (Tex.App.- Houston [14th Dist.] June 24, 2008)(Hedges) (civil commitment of person acquitted of murder of family member on basis of insanity defense) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Boyce 14-07-00306-CV Marlin Deandre House v. The State of Texas Appeal from 208th District Court of Harris County Trial Court Judge: Denise Collins Gerald W. Maness v. Spaw Maxwell Group, LLC (Tex.App.- Houston [14th Dist.] June 24, 2008) (Boyce) (breach of contract, third-party beneficiary, fraud, negligent misrepresentation) AFFIRMED: Opinion by Justice Boyce Before Price, Chief Justice Hedges, Justice Boyce 14-07-00751-CV Gerald W. Maness v. Spaw Maxwell Group, LLC Appeal from 190th District Court of Harris County Trial Court Judge: Jennifer Elrod Walker Criminal Causes Decided: DISMISSED: Opinion by Justice Guzman Before Justices Brock Yates, Guzman and Brown) 14-07-00593-CR Ex Parte Chutima Wongjaroen v. Appeal from Co Crim Ct at Law No 12 of Harris County AFFIRMED: 14-07-00847-CR James R. Cloud v. The State of Texas Appeal from 177th District Court of Harris County AFFIRMED: Opinion by Justice Boyce Before Price, Chief Justice Hedges, Justice Boyce 14-07-00975-CR Humberto Lara v. The State of Texas Appeal from 174th District Court of Harris County June 20, 2008 Civil Causes Decided: MOTION OR WRIT DENIED: Per Curiam Before Justices Frost, Seymore and Guzman 14-08-00316-CV In Re James G. Strachan Appeal from 434th Judicial District Court of Fort Bend County Criminal Causes Decided: June 19, 2008 Civil Causes Decided: Lakhany International Inc. v. JR United Industries, Inc. (Tex.App.- Houston [14th Dist.] June 19, 2008)(Seymore) AFFIRMED: Opinion by Justice Seymore Before Justices Fowler, Frost and Seymore 14-07-00138-CV A. Lakhany International, Inc. v. JR United Industries, Inc. Appeal from 280th District Court of Harris County DISMISSED: Per Curiam Before Justices Frost, Seymore and Guzman 14-07-00738-CV Ray A. Sandoval v. Discover Bank Appeal from Co Civil Ct at Law No 3 of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Anderson and Brown 14-08-00035-CV In the Interest of G.W.P.--Appeal from 315th District Court of Harris County DISMISSED: Per Curiam Before Justices Frost, Seymore and Guzman 14-08-00246-CV Clarence Prevost v. The City of Houston, The Firefighters Civil Service Commission and Christopher Conneally--Appeal from 215th District Court of Harris County MOTION OR WRIT DENIED: Per Curiam Before Justices Frost, Seymore and Guzman 14-08-00299-CV In Re James G. Strachan Appeal from 434th Judicial District Court of Fort Bend County Memorial Herman Baptist Beaumont Hospital v. Thomas (Tex.App.- Houston [14th Dist.] June 19, 2008)(per curiam) REVERSED AND REMANDED: Per Curiam (Before Justices Brock Yates, Anderson and Brown) 14-08-00320-CV Memorial Hermann Baptist Beaumont Hospital v. Patsy Thomas, Individually and as Independent Executrix of the Estate of Lester Thomas, Deceased and on Behalf of all Wrongful Death Beneficiaries, and Kimberly Renea Wood--Appeal from 172nd District Court of Jefferson County DISMISSED: Per Curiam Before Justices Brock Yates, Anderson and Brown 14-08-00383-CV In Re Merrill Lynch, Pierce, Fenner & Smith Incorporated Appeal from Probate Court No 2 of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Fowler and Boyce 14-08-00451-CV In Re Ralph Arnold Jackson Appeal from 177th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Fowler and Boyce 14-08-00462-CV In re: Ralph Arnold Jackson Appeal from 177th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Fowler and Boyce 14-08-00466-CV In Re Ralph Arnold Jackson Appeal from 177th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Fowler and Boyce 14-08-00467-CV In Re Ralph Arnold Jackson Appeal from 177th District Court of Harris County Criminal Causes Decided: AFFIRMED: Opinion by Justice Seymore Before Justices Fowler, Seymore and Guzman 14-07-00189-CR David Sidney Hisey v. The State of Texas Appeal from 122nd District Court of Galveston County AFFIRMED: Opinion by Justice Seymore Before Justices Fowler, Seymore and Guzman 14-07-00191-CR David Sidney Hisey v. The State of Texas Appeal from 122nd District Court of Galveston County AFFIRMED: Opinion by Chief Justice Hedges Before Price, Chief Justice Hedges, Justice Boyce 14-07-00289-CR Joel Rodriguez Briones v. The State of Texas Appeal from 400th District Court of Fort Bend County AFFIRMED: Opinion by Justice Boyce Before Chief Justice Hedges, Justices Hudson and Boyce 14-07-00526-CR Nathan Thomas Baird v. The State of Texas Appeal from County Criminal Court at Law No 9 of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Fowler and Boyce 14-08-00256-CR Mark Wayne Lomax v. The State of Texas Appeal from 232nd District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Fowler and Boyce 14-08-00257-CR Mark Wayne Lomax v. The State of Texas Appeal from 232nd District Court of Harris County June 17, 2008 Civil Causes Decided: McInnis v. Mallia (Tex.App.- Houston [14th Dist.] June 17, 2008)(Corrected majority opinion by Frost) (malpractice suit, no-evidence motion for summary judgment, no adequate opportunity to conduct discovery) REVERSED AND REMANDED: Opinion by Justice Frost Before Justices Fowler, Frost and Seymore 14-06-00354-CV Janine Charboneau McInnis, D.V.M. v. Michael Mallia, J.D., The Mallia Law Firm, P.C., Tommy Hastings, J.D. Appeal from 281st District Court of Harris County Trial Court Judge: David J. Bernal Dissenting Opinion by Justice Seymore (adequate discovery) Ahmed v. Ahmed (Tex.App.- Houston [14th Dist.] June 17, 2008)(Yates) (divorce, internatinal family law, Islamic marriage, enforceability of agreement for payment of money as prenup) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Brown 14-07-00008-CV Amir Ahmed v. Afreen S. Ahmed Appeal from 308th District Court of Harris County Trial Court Judge: Judge Georgia Dempster Concurring and Dissenting Opinion by Justice Guzman In re Credit Suisse (Tex.App.- Houston [14th Dist.] June 17, 2008)(Hedges) (contractual jury waiver) MOTION OR WRIT DENIED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Hudson and Boyce 14-08-00132-CV In Re Credit Suisse First Boston Mortgage Capital, L.L.C. and Credit Suisse First Boston, L.L.C.--Appeal from 165th District Court of Harris County Trial Court Judge: Elizabeth Ray Criminal Causes Decided: None June 12, 2008 Civil Causes Decided: Approximately $14,980.00 v. The State of Texas (Tex.App. - Houston [14th Dist.] Jun. 12, 2008)(Yates) (default judgment, deemed admission, opportunity to rebut presumption of proper service) REVERSED AND REMANDED: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Brown 14-07-00164-CV Approximately $14,980.00 v. The State of Texas Appeal from 125th District Court of Harris County Trial Court Judge: Visiting Judge Putnam K. Reiter CONCURRING: Concurring Opinion by Justice Brown Reinhardt v. Walker (Tex.App.- Houston [14th Dist.] June 12, 2008)(Hedges) (partnership dispute, fees) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Fowler and Boyce 14-07-00304-CV Patrick Reinhardt v. Joe Walker Appeal from 412th District Court of Brazoria County Trial Court Judge: W. Edwin Denman Chacko v. Mathew (Tex.App.- Houston [14th Dist.] June 12, 2008)(Boyce) (disputed oral partnership agreement) REVERSED AND REMANDED: Opinion by Justice Bill Boyce Before Chief Justice Hedges, Justices Fowler and Boyce 14-07-00613-CV Sheela Chacko, Individually, as Administratrix of The Estate of James Chacko, Deceased, And As Next Friend of Joshua & Christopher Chacko Minor Children v. Abraham P. Mathew, Susan Abraham, Suvisangam Investment Inc., D/B/A Shiva Indian Resturant & Saranam Investment, II--Appeal from 240th District Court of Fort Bend County Trial Court Judge: Thomas Ralph Culver DISMISSED: Per Curiam (no brief filed, DWOP) Before Justices Brock Yates, Anderson and Brown 14-07-00734-CV PPN Group Investments, LLC D/B/A # 1 Citgo Mart v. Lang Xuan Dang, Individually and on behalf of Bac Van Deo, deceased and on behalf of deceased heirs, Nhan Deo and Lai-Chau Deo--Appeal from 80th District Court of Harris County Ward v. Northamption MUD (Tex.App.- Houston [14th Dist.] June 12, 2008) (Hedges) (easement dispute) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Hudson and Boyce 14-07-00868-CV Robert Ward v. Northampton Municipal Utiity District Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Roberta Anne Lloyd DISMISSED: Per Curiam (failure to file brief) Before Justices Brock Yates, Anderson and Brown 14-07-00971-CV Gordon Wittenberg, Tribus, Inc and Wittenberg Partnership v. Maria and Alexandre Matuszczak--Appeal from 190th District Court of Harris County Trial Court Judge: Jennifer Elrod Walker DISMISSED: Per Curiam (case settled) Before Justice Frost 14-07-00978-CV The State of Texas v. William D. Hardin, Et Ux., Et Al. Appeal from County Civil Court at Law No 1 of Harris County DISMISSED: Per Curiam Before Justices Frost, Seymore and Guzman 14-07-01095-CV United Healthcare Services, Inc. and its affiliate United Healthcare of Texas, Inc. v. Hadar Spivak, M.D.--Appeal from 133rd District Court of Harris County DISMISSED: Per Curiam (failure to pay for appellate record) Before Justices Brock Yates, Anderson and Brown 14-08-00056-CV Con Ong Texas Magazine, Corp., dba Con Ong Texas, Thong Pham, Bao Gia Nguyen v. Vietnamese Community of Houston and Vicinity, Inc Appeal from Co Civil Ct at Law No 4 of Harris County Tribble & Stephens Co. v. RGM Construction, LP (Tex.App.- Houston [14th Dist.] June 12, 2008)(per curiam) VACATED AND REMANDED: Per Curiam (per settlement agreement) Before Justices Frost, Seymore and Guzman 14-08-00069-CV Tribble & Stephens Co. v. RGM Construction, L.P. Appeal from County Civil Court at Law No 3 of Harris County (Hon. Linda Storey) Hubco, Inc. v. Hall (Notice of appeal defective, no signature) (per curiam dismissal) DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Boyce 14-08-00185-CV Hubco, Inc. v. Greg Hall, as independent executor of the Estate of Preston L. Hall--Appeal from 215th District Court of Harris County Trial Court Judge: Levi James Benton DISMISSED: Per Curiam (DWOP, failure to pay for record) Before A, Chief Justice Hedges, Justices Anderson and Boyce 14-08-00358-CV Arrow Financial Services, LLC, Assignee of GE Money Bank v. Eugenio G. Galvan--Appeal from County Civil Court at Law No 2 of Harris County Criminal Causes Decided: AFFIRMED: Opinion by Justice Frost Before Justices Fowler, Frost and Seymore 14-06-00996-CR Abel Morales Almaguer v. The State of Texas Appeal from 208th District Court of Harris County AFFIRMED: Opinion by Senior Justice Murphy Before Chief Justice Hedges, Justice Anderson, Senior Justice Murphy 14-06-01015-CR Larry Mendoza v. The State of Texas Appeal from 177th District Court of Harris County AFFIRMED: Opinion by Senior Justice Murphy Before Chief Justice Hedges, Justice Anderson, Senior Justice Murphy 14-06-01016-CR Larry Mendoza v. The State of Texas Appeal from 177th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Fowler and Boyce 14-07-01030-CR Yuntrell Williams v. The State of Texas Appeal from 155th District Court of Austin County AFFIRMED: Per Curiam Before Justices Brock Yates, Anderson and Brown 14-08-00233-CR Karlene Joy Smith-Henderson v. The State of Texas Appeal from Co Crim Ct at Law No 15 of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Fowler and Boyce 14-08-00298-CR Ricardo Barcenas v. The State of Texas Appeal from Co Crim Ct at Law No 8 of Harris County DISMISSED: Per Curiam Before Justices Frost, Seymore and Guzman 14-08-00414-CR Juan Jose Escobedo v. The State of Texas Appeal from 263rd District Court of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Anderson and Brown 14-08-00440-CR Gregory Paul Toups v. The State of Texas Appeal from Co Crim Ct at Law No 1 of Harris County June 10, 2008 Civil Causes Decided: Ford Motor Co. v. Miller (Tex.App.- Houston [14th Dist.] June 10, 2008)(Yates) (asbestos jury judgment thrown out, no duty) REVERSED AND RENDERED: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Brown 14-05-00026-CV Ford Motor Company v. Glen Miller Individually and as Personal Representative of the Heirs and Estate of Carolyn Miller, Deceased, Shawn Leann Dean, John Roland, and Alma Roland Appeal from 239th District Court of Brazoria County Trial Court Judge: Patrick Edward Sebesta McInnis, D.V.M. v. Michael Mallia, J.D., (Tex.App.- Houston [14th Dist.] June 10, 2008)(Frost) (legal malpractice) (no-evidence summary judgment reversed on ground of insufficient time for discovery) REVERSED AND REMANDED: Opinion by Justice Frost Before Justices Fowler, Frost and Seymore 14-06-00354-CV Janine Charboneau McInnis, D.V.M. v. Michael Mallia, J.D., The Mallia Law Firm, P.C., Tommy Hastings, J.D. Appeal from 281st District Court of Harris County Trial Court Judge: David J. Bernal DISSENTING: Dissenting Opinion by Justice Seymore 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 Jeff 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 In re James Andrew Walker, II (Tex.App.- Houston [14th Dist.] June 10, 2008)(per curiam) MOTION OR WRIT DENIED: Per Curiam Before Justices Brock Yates, Anderson and Brown 14-08-00401-CV In Re James Andrew Walker, II Appeal from 240th District Court of Fort Bend County In re Holmes (Tex.App.- Houston [14th Dist.] June 10, 2008)(per curiam) (jurisdictional dismissal) DISMISSED: Per Curiam Before Justices Brock Yates, Anderson and Brown 14-08-00435-CV In Re Billy Holmes--Appeal from of County Criminal Causes Decided: AFFIRMED: Opinion by Justice Seymore (Before Justices Fowler, Frost and Seymore) 14-06-00639-CR Alex Erazo v. The State of Texas--Appeal from 208th District Court of Harris County AFFIRMED: Opinion by Justice Brock Yates (Before Judge Lee, Justices Brock Yates and Guzman) 14-07-00077-CR James Bernard Isenhower v. The State of Texas Appeal from 239th District Court of Brazoria County June 6, 2008 Civil Causes Decided: MOTION OR WRIT DENIED: Per Curiam Before Justices Brock Yates, Anderson and Brown 14-08-00376-CV In Re Janice M. Wilkerson Appeal from 234th District Court of Harris County Criminal Causes Decided: DISMISSED: Per Curiam Before Justices Fowler, Seymore and Boyce 14-08-00463-CR Linda Burnaman Britton v. The State of Texas Appeal from 262nd District Court of Harris County June 5, 2008 Civil Causes Decided: DISMISSED: Per Curiam (settled) Before Justices Frost, Seymore and Guzman 14-07-00753-CV Gainey Transportation Services, Inc. and Marcus Duncan v. Mary Tenorio, Individually and as Independent Administrator of The Estate of Juan Tenorio Deceased; John Tenorio, Christina Tenorio, and Ginger Tenorio--Appeal from Probate Court No 1 of Harris County DISMISSED: Per Curiam Before Justices Frost, Seymore and Guzman 14-08-00162-CV Richard C. Kuriger III v. Marshall Davis Brown, Jr. Individually and Pavlas & Brown, LLP n/k/a Pavlas, Brown & Newey, LLP--Appeal from 234th District Court of Harris County DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Fowler and Boyce) 14-08-00397-CV Stream - Flo Industries, Ltd. v. Big Horn Transport, LTD. and Triple G Transportation--Appeal from Court Civil Ct at Law No 1 of Harris County DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Fowler and Boyce) 14-08-00411-CV In Re Edward R. Newsome Appeal from 234th District Court of Harris County Criminal Causes Decided: June 3, 2008 Civil Causes Decided: Criminal Causes Decided: AFFIRMED: Opinion by Justice Frost Before Justices Fowler, Frost and Seymore 14-06-00939-CR Joe Saucedo Jr. v. The State of Texas Appeal from 232nd District Court of Harris County |
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