H

December 2006 Opinion Release Dates: 5, 7, 12, 14, 19, 21, 22, 28

Arrellano v. J&K Garment Restoration Co. (Tex.App.- Houston [14th Dist.] Dec. 28, 2006)(Hudson)(charges for
services not proven to be reasonable, sworn account)
Rodriguez v. Gulf Coast Roofers (Tex.App.- Houston [14th Dist.] Dec. 28, 2006)(Frost)
[negligence, negligent activity, premises liability, car repair accident, NE-MSJ, TR-MSJ, failed to preserve objection
to vague motion for summary judgment, special exception, no breach]
In Re Shannon Holmes (Tex.App.- Houston [14th Dist.] Dec. 22, 2006)(per curiam)
Metabolife International v. McAllister (Tex.App.- Houston [14th Dist.] Dec. 21, 2006)(per curiam)
[voluntary bankruptcy, stay, lift of stay, compromise and settlement, dismissal]
Hull v. TWC (Tex.App.- Houston [14th Dist.] Dec. 21, 2006)(Anderson)
[payday law claim, election of remedies, judicial review of administrative determination by TWC, exhaustion of
remedies, untimely administrative request for rehearing, DWOJ]
Charette v. Fitzgerald (Tex.App.- Houston [14th Dist.] Dec. 21, 2006)(Frost)
[
lease law, landlord tenant dispute, wrongful eviction, award of attorney’s fees reversed for lack of evidence that it
was reasonable]
Arline v. Harris County MUD 50 (Tex.App.- Houston [14th Dist.] Dec. 21, 2006)(per curiam)
[appeal dismissed for failure to comply with mediation order]
Ranger Ins. Co. v. Nuevo Energy Co.  (Tex.App.- Houston [14th Dist.] Dec. 21, 2006)(per curiam)
[joint motion to vacate and dismiss with prejudice pursuant to settlement]
In Re County of Galveston (Tex.App.- Houston [14th Dist.] Dec. 21, 2006)(per curiam)
[
mandatory venue, permissive venue, third-party defendants and venue, statutory construction]
Dehoyos v. Fed. Nat. Mortgage Assn. (Tex.App.- Houston [14th Dist.] Dec. 21, 2006)(per curiam)
[involuntary dismissal for failure to pay fees]
Brooker Inc. v. Int. Commodity Carriers (Tex.App.- Houston [14th Dist.] Dec. 21, 2006)(per curiam)
[dismissed at appellant's request]
[untimely notice of appeal]
Zarco v. State (Tex.App.- Houston [14th Dist.] Dec. 21, 2006)(Fowler)(criminal case)
Haas v. Ashford Hollow Comm’ty Improvm’t Ass’n (Tex.App.- Houston [14th Dist.] Dec. 14, 2006)(Seymore)
[
homeowner law, suit to collect assessment, lien on property, foreclosure, attorney’s fees]
Koenig v. First American Title Ins. Co. (Tex.App.- Houston [14th Dist.] Dec. 14, 2006)(Anderson)
[
home owner law, title insurance policy, coverage dispute, adverse possession, summary judgment)
Gertner v. Gertner (Tex.App.- Houston [14th Dist.] Dec. 14, 2006)(per curiam)
Four Brothers v. S & SF Inc. (Tex.App.- Houston [14th Dist.] Dec. 12, 2006, pet. denied 8/31/07)(Hudson)
[
lease law, breach of contract, DTPA, law of the case, limitations, statute of limitations, SoL, accrual date, breach of
contract, violations of the
Deceptive Trade Practices Act (DTPA), conspiracy to commit DTPA violations, fiduciary
duty, conspiracy to commit tortious interference of a contract, fraud, breach of fiduciary duty, and third party
beneficiary]
Bayer Corp v. DX Terminals (Tex.App.- Houston [14th Dist.] Dec. 12, 2006)(Hedges)
[bizlaw, breach of contract, crossclaims, counterclaims, offset, tortious interference with contractual relationship, jury
error, preservation of error, measure of damages, calculation of damages, role of expert testimony, jury]
In Re James Prince (Tex.App.- Houston [14th Dist.] Dec. 12, 2006)(per curiam)
[discovery procedure, deposition, motion for sanctions, nonparty witness
Exxon v. Altimore (Tex.App.- Houston [14th Dist.] Dec. 7, 2006)(Anderson)(substitute opinion on rehearing)
[asbestos liability]
Apache Corp. v. Dynegy (Tex.App.- Houston [14th Dist.] Dec. 7, 2006)(Anderson)
Martin v. Texas  (Tex.App.- Houston [14th Dist.] Dec. 7, 2006)(Seymore)
[Commitment proceedings concerning persons who have been found "not guilty by reason of insanity" are civil in
nature.]
Autonation v. Civic Center Motors  (Tex.App.- Houston [14th Dist.] Dec. 7, 2006)(Seymore)
In Re Geico  (Tex.App.- Houston [14th Dist.] Dec. 7, 2006)(per curiam)
[
ad litem fee order prior to final judgment for defendant served by publication]
H. Heller & Co. v. Louisiana Pacific Corp. (Tex.App.- Houston [14th Dist.] Dec. 7, 2006, pet. denied 6/1/2007)
(Hedges)
[foreign judgment, enforcement, personal jurisdiction, validity of foreign judgment]
In Re Bradley Perez  (Tex.App.- Houston [14th Dist.] Dec. 7, 2006)(per curiam)
Mallia v. Village Place Community Assn. (Tex.App.- Houston [14th Dist.] Dec. 5, 2006)(Hedges)
[
homeowner law, real estate law, deed restriction, res judicata, privity of successor in interest, estoppel
Karlen v. Karlen (Tex.App.- Houston [14th Dist.] Dec. 5, 2006)(Hedges)
[family law, guardianship of mother denied, not necessary]
In Re B. R. Risely  (Tex.App.- Houston [14th Dist.] Dec. 5, 2006)(per curiam)[mandamus in criminal case denied
without prejudice]

December 28, 2006 Opinions

Arrellano v. J&K Garment Restoration Co. (Tex.App.- Houston [14th Dist.] Dec. 28, 2006)(Hudson)(charges for
services not proven to be reasonable, sworn account)
[consumer law, suit on account, suit on sworn account, proof, reasonable charges]
REVERSED AND RENDERED: Opinion by Justice Hudson
Before Justices Anderson, Hudson and Guzman
14-05-00818-CV Laura Arrellano v. J&K Garment Restoration Co. d/b/a J&K Cleaners
Appeal from Co Civil Ct at Law No 4 of Harris County (
Hon. Roberta Anne Lloyd)

Rodriguez v. Gulf Coast Roofers (Tex.App.- Houston [14th Dist.] Dec. 28, 2006)(Frost)
[negligence, negligent activity, premises liability, car repair accident, NE-MSJ, TR-MSJ, failed to preserve objection
to vague motion for summary judgment, special exception, no breach]
AFFIRMED: Opinion by Justice Frost
Before Justices Fowler, Edelman and Frost
14-05-00930-CV Wilson Rodriguez v. Gulf Coast Roofers & Builders Supply, Inc. and KJR, LTD
Appeal from
151st District Court of Harris County (Hon. Caroline Elizabeth Baker)

December 22, 2006

In Re Shannon Holmes (Tex.App.- Houston [14th Dist.] Dec. 22, 2006)(per curiam)
MOTION OR WRIT DENIED: Per Curiam
Before Justices Anderson, Hudson and Edelman
14-06-01137-CV In Re: Shannon Holmes
Appeal from
308th District Court of Harris County (Hon. Judge Georgia Dempster)

December 21, 2006

Metabolife International v. McAllister (Tex.App.- Houston [14th Dist.] Dec. 21, 2006)(per curiam)
[voluntary bankruptcy, stay, lift of stay, compromise and settlement, dismissal]
DISMISSED: Per Curiam
Before Justices Frost, Seymore and Guzman
14-04-00990-CV Metabolife International v. Rhea McAllister
Appeal from 295th District Court of Harris County (
Hon. Tracy Kee Christopher)

Hull v. TWC (Tex.App.- Houston [14th Dist.] Dec. 21, 2006)(Anderson)
[payday law claim, election of remedies, judicial review of administrative determination by TWC, exhaustion of
remedies, untimely administrative request for rehearing, DWOJ]
AFFIRMED: Opinion by Justice Anderson
Before Justices Anderson, Edelman and Frost
14-05-00785-CV Donald Wayne Hull v. Texas Workforce Commission
Appeal from Co Civil Ct at Law No 4 of Harris County (
Hon. Roberta Anne Lloyd)
Concurring Opinion by Justice Frost

Charette v. Fitzgerald (Tex.App.- Houston [14th Dist.] Dec. 21, 2006)(Frost)
[
lease law, landlord tenant dispute, wrongful eviction, award of attorney’s fees reversed for lack of evidence that it
was reasonable]
AFFIRMED AS MODIFIED: Opinion by Justice Frost
Before Justices Fowler, Edelman and Frost
14-05-00918-CV Mary Helen Charette and Gilfred Charette v. Kassie Fitzgerald and John Blake Fitzgerald
Appeal from 334th District Court of Harris County (
Hon. Sharon McCally)

Arline v. Harris County MUD 50 (Tex.App.- Houston [14th Dist.] Dec. 21, 2006)(per curiam)
[appeal dismissed for failure to comply with mediation order]
DISMISSED: Per Curiam
Before Chief Justice Hedges, Justices Fowler and Edelman
14-06-00382-CV Michael Arline and Mary Arline v. Harris County MUD 50 Water District and ECO Resources, Inc.
Appeal from 80th District Court of Harris County (
Hon. Kent Sullivan)

Ranger Ins. Co. v. Nuevo Energy Co.  (Tex.App.- Houston [14th Dist.] Dec. 21, 2006)(per curiam)
[joint motion to vacate and dismiss with prejudice pursuant to settlement]
VACATED AND DISMISSED: Per Curiam
Before Chief Justice Hedges, Justices Fowler and Edelman
14-06-00616-CV Ranger Insurance Company v. Nuevo Energy Company n/k/a Plains Exploration & Production
Company--Appeal from
133rd District Court of Harris County (Judge Lamar McCorkle)

In Re County of Galveston (Tex.App.- Houston [14th Dist.] Dec. 21, 2006)(per curiam)
[
mandatory venue, permissive venue, third-party defendants and venue, statutory construction]
MOTION OR WRIT DENIED: Per Curiam
[venue provision, mandatory venue, permissive venue, third-party defendants]
Before Justices Anderson, Edelman and Frost
14-06-00626-CV In Re: County of Galveston, Texas
Appeal from
113th District Court of Harris County (Judge Patricia Ann Hancock)

Dehoyos v. Fed. Nat. Mortgage Assn. (Tex.App.- Houston [14th Dist.] Dec. 21, 2006)(per curiam)
[involuntary dismissal for failure to pay fees]
DISMISSED: Per Curiam
Before Justices Frost, Seymore and Guzman
14-06-00855-CV Gilbert Dehoyos v. Federal National Mortgage Association
Appeal from Co Civil Ct at Law No 1 of Harris County (
R. Jack Cagle)

Brooker Inc. v. Int. Commodity Carriers (Tex.App.- Houston [14th Dist.] Dec. 21, 2006)(per curiam)
[dismissed at appellant's request]
DISMISSED: Per Curiam
Before Chief Justice Hedges, Justices Fowler and Edelman
14-06-00868-CV Brooker Incorporated v. International Commodity Carriers, Inc. and Mike Ogashi d/b/a MC
Transportation
Appeal from 334th District Court of Harris County (
Hon. Sharon McCally)

In re CS (Tex.App.- Houston [14th Dist.] Dec. 21, 2006)(per curiam)
[untimely notice of appeal]
DISMISSED: Per Curiam
Before Justices Frost, Seymore and Guzman
14-06-00927-CV In the Matter of C.S
Appeal from County Court at Law No 2 of Galveston County (Hon. Judge C. G. Dibrell III)

Criminal Causes Decided:

Zarco v. State (Tex.App.- Houston [14th Dist.] Dec. 21, 2006)(Fowler)(criminal case)
AFFIRMED: Opinion by Justice Fowler
Before Justices Fowler, Edelman and Guzman
14-04-01125-CR Zarco, Andrew v. The State of Texas
Appeal from 339th District Court of Harris County
Concurring Opinion by Justice Guzman

December 14, 2006

Haas v. Ashford Hollow Comm’ty Improvm’t Ass’n (Tex.App.- Houston [14th Dist.] Dec. 14, 2006)(Seymore)
[
homeowner law, suit to collect assessment, lien on property, foreclosure, attorney’s fees]
AFFIRMED: Opinion by Justice Seymore
Before Justices Anderson, Edelman and Seymore)
14-05-00071-CV        John R. Haas and Frances Rawlings Haas v. Ashford Hollow Community Improvement Assoc.,
Inc.Appeal from Co
unty Civil Court at Law No 3 of Harris County (Judge Lynn M. Bradshaw-Hull)

Koenig v. First American Title Ins. Co. (Tex.App.- Houston [14th Dist.] Dec. 14, 2006)(Anderson)
[
home owner law, title insurance policy, coverage dispute, adverse possession, sj]
AFFIRMED: Opinion by Justice Anderson
Before Justices Anderson, Edelman and Frost
14-05-00209-CV Michael Koeing and Deborah Koeing v. First American Title Insurance Company of Texas
Appeal from
270th District Court of Harris County (Judge Brent Gamble)

Gertner v. Gertner (Tex.App.- Houston [14th Dist.] Dec. 14, 2006)(per curiam)
DISMISSED: Per Curiam
Before Justices Brock Yates, Anderson and Hudson)
14-06-00482-CV        Michelle Gertner v. Edward Gertner
Appeal from
257th District Court of Harris County (Judge G. Annette Galik)

December 12, 2006

Four Brothers v. S & SF Inc. (Tex.App.- Houston [14th Dist.] Dec. 12, 2006, pet. denied 8/31/07)(Hudson)
[
lease law, breach of contract, DTPA, law of the case, limitations, statute of limitations, SoL, accrual date, breach of
contract, violations of the Deceptive Trade Practices Act (DTPA), conspiracy to commit DTPA violations, fiduciary
duty, conspiracy to commit tortious interference of a contract, fraud, breach of fiduciary duty, and third party
beneficiary]
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Hudson
Before Justices Hudson, Fowler and Frost)
14-05-00498-CV        Four Brothers Boat Works Inc, Columbia Star Inc and Billy B. Inc. v. S & SF Inc Et Al
Appeal from 10th District Court of Galveston County  (Hon. David Edward Garner)

Bayer Corp v. DX Terminals (Tex.App.- Houston [14th Dist.] Dec. 12, 2006)(Hedges)
[
business law, breach of contract, crossclaims, counterclaims, offset, tortious interference with contractual
relationship, jury error, preservation of error, measure of damages, calculation of damages, role of expert testimony,
jury]
AFFIRMED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Brock Yates and Seymore)
14-05-00931-CV        Bayer Corporation, n/k/a Bayer Material Science LLC v. DX Terminals, LTD
Appeal from
152nd District Court of Harris County (Hon. Kenneth Price Wise)

In Re James Prince (Tex.App.- Houston [14th Dist.] Dec. 12, 2006)(per curiam)
[discovery procedure, deposition, motion for sanctions, nonparty witness
MOTION OR WRIT GRANTED: Per Curiam
Before Justices Fowler, Edelman and Frost)
14-06-00895-CV        In Re: James Prince, Jr.
Appeal from 309th District Court of Harris County (
Judge Frank Barlow Rynd)

In Re Florence (Tex.App.- Houston [14th Dist.] Dec. 12, 2006)(per curiam)
DISMISSED: Per Curiam [DWOJ]
Before Justices Fowler, Edelman and Frost)
14-06-01004-CV        In Re: Thomas Wayne Florence
Appeal from 122nd District Court of Galveston County (no judge shown on docket)

In Re Jelks (Tex.App.- Houston [14th Dist.] Dec. 12, 2006)(per curiam)
[habeas corpus]
MOTION OR WRIT DENIED: Per Curiam
Before Justices Fowler, Edelman and Frost)
14-06-01021-CV        In Re: Eugene Jelks Jr.
Appeal from 185th District Court of Harris County (Judge Susan Valentine Brown)

December 7, 2006 - Court Revisits Asbestos Liability Case - Issues New Opinion

Exxon v. Altimore (Tex.App.- Houston [14th Dist.] Dec. 7, 2006)(Anderson)(substitute opinion on rehearing)
[asbestos liability]
REVERSED AND RENDERED: Opinion by Justice Anderson
Before Justices Anderson, Edelman and Seymore
14-04-01133-CV        Exxon Mobile Corporation v. Louise Altimore
Appeal from 405th District Court of Galveston County (Hon.
Wayne J. Mallia)
("This case presents the issue of whether appellant, Exxon Mobil Corporation, owes a duty to an employee=s wife
injured by exposure to asbestos brought home on her husband's work clothing, at a time when such an injury was
considered a medical curiosity.")
("Exxon appeals a judgment on a jury verdict in favor of appellee, Louise Altimore, for damages sustained from
contracting mesothelioma by allegedly breathing asbestos dust brought home on her husband's work clothes.  
Because, under the facts of this case, we hold Exxon did not owe appellee a duty, we reverse the judgment of the
trial court and render judgment that appellee take nothing on her claims against Exxon.")

Apache Corp. v. Dynegy (Tex.App.- Houston [14th Dist.] Dec. 7, 2006)(Anderson)
[bizlaw, gas contract, breach of contract, unfair trade practices, UDJA, attorney fees]
AFFIRMED AS MODIFIED: Opinion by Justice Anderson
Before Chief Justice Hedges, Judge Murphy, Justice Anderson
14-05-00010-CV        Apache Corporation v. Dynegy Midstream Services Limited Partnership and Versado Gas
Processors, LLC--Appeal from 234th District Court of Harris County (
Hon. Bruce D. Oakley)

Martin v. Texas  (Tex.App.- Houston [14th Dist.] Dec. 7, 2006)(Seymore)
[Commitment proceedings concerning persons who have been found "not guilty by reason of insanity" are civil in
nature.]
REVERSED AND RENDERED: Opinion by Justice Seymore
Before Justices Hudson, Frost and Seymore
14-05-00687-CV        Martin, Robert Louis v. The State of Texas
Appeal from 232nd District Court of Harris County (Hon. MARY LOU KEEL)

Autonation v. Civic Center Motors  (Tex.App.- Houston [14th Dist.] Dec. 7, 2006)(Seymore)
[bizlaw, breach of contract, quantum meruit, unjust enrichment, and promissory estoppel]
AFFIRMED: Opinion by Justice Seymore
Before Chief Justice Hedges, Justices Brock Yates and Seymore
14-06-00193-CV        Autonation Direct.Com. Inc. d/b/a Auto Advertising Services v. Civic Center Motors, LTD. d/b/a
White Plains Honda
Appeal from Co Civil Ct at Law No 1 of Harris County (
Hon. R. Jack Cagle)

In Re Geico  (Tex.App.- Houston [14th Dist.] Dec. 7, 2006)(per curiam)
[ad litem fee order prior to final judgment for defendant served by publication]
GRANTED IN PART AND DENIED IN PART: Per Curiam
Before Justices Anderson, Edelman and Frost
14-06-00423-CV        In Re: Geico General Insurance Company
Appeal from 405
th District Court of Galveston County (Hon. Wayne J. Mallia)

H. Heller & Co. v. Louisiana Pacific Corp. (Tex.App.- Houston [14th Dist.] Dec. 7, 2006, pet. denied 6/1/2007)
(Hedges) (foreign judgment, enforcement, personal jurisdiction, validity of foreign judgment)
AFFIRMED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Brock Yates and Seymore
14-06-00481-CV        H. Heller & Company, Inc. and Gulf Performance Polymers, Inc. v. Louisiana-Pacific
Corporation
Appeal from 270th District Court of Harris County (
Hon. Brent Gamble)
Dissenting Opinion by Justice Brock Yates

In Re Bradley Perez  (Tex.App.- Houston [14th Dist.] Dec. 7, 2006)(per curiam)
[habeas corpus]
MOTION OR WRIT DENIED: Per Curiam
Before Chief Justice Hedges, Justices Brock Yates and Seymore
14-06-01037-CV        In Re: Bradley A. Perez
Appeal from 240th District Court of Fort Bend County (Hon. THOMAS RALPH CULVER)

December 5, 2006

Mallia v. Village Place Community Assn. (Tex.App.- Houston [14th Dist.] Dec. 5, 2006)(Hedges)
[
homeowner law, deed restriction, res judicata, privity of successor in interest, estoppel]
AFFIRMED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Brock Yates and Seymore
14-06-00004-CV        Charles B. Mallia, Jr. v. Village Place Community Association, Inc., Et Al
Appeal from
165th District Court of Harris County - Hon. Elizabeth Ray

Karlen v. Karlen (Tex.App.- Houston [14th Dist.] Dec. 5, 2006)(Hedges)
[
family law, guardianship of mother denied, not necessary]
AFFIRMED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Brock Yates and Seymore
14-06-00250-CV        Robert Karlen v. Joye P. Karlen
Appeal from Probate Court No 4 of Harris County (Hon. WM Cameron McCulloch)

In Re B. R. Risely  (Tex.App.- Houston [14th Dist.] Dec. 5, 2006)(per curiam)
[mandamus in criminal case denied without prejudice]
MOTION OR WRIT DENIED: Per Curiam
Before Chief Justice Hedges, Justices Brock Yates and Seymore
14-06-01005-CV        In Re: Billey Ray Risley
Appeal from 232nd District Court of Harris County (Hon. Mary Lou Keel)



Justices
Chief Justice Adele Hedges
Justice John Anderson
Justice Richard Edelman
Justice Wanda Fowler
Justice Eva M. Guzman
Justice J. Harvey Hudson
Justice Charles W. Seymore
Justice Kem Thompson Frost
Justice Leslie Brock Yates
The Fourteenth Court of Appeals is
one of fourteen intermediate courts
of appeals in Texas. Its geographic
jurisdiction overlaps with that of the
First Court of Appeals, which also
sits in Houston. Both courts are
located in Downtown Houston.
Unlike the Texas Supreme Court,
these appellate courts hear both civil
and criminal appels and original
mandamus proceedings. Cases are
randomly assigned to either.
The 14th Court of Appeals is best known for its
decision in Lawrence v. Texas, in which the court,
sitting en banc, rejected a constitutional challenge
to Texas' sodomy statute. The U.S. Supreme
Court later reversed in its precedent-setting
decision expanding the right to privacy to
consensual homosexual conduct.
Lawrence  v.
T
exas (02-102) 539 U.S. 558 (2003), 41 S. W. 3d
349,
reversed and remanded
Dissents in the Fourteenth Court of Appeals
2006 opinions from the --> First Court of Appeals
2006 opinions from the --> Texas Supreme Court
Also see:  Houston Case Law Links
Family Law Cases    Consumer Law Cases
Labor Law Cases -Texas Courts of Appeals
Fifth Circuit Cases of Interest to Teachers
Immunity law - Houston  Texas Supreme Court
2007 OPINIONS BY JUDGES
OF THE FOURTEENTH
COURT OF APPEALS

Chief Justice Adele Hedges
Justice John Anderson
Justice Richard Edelman
Justice Wanda Fowler
Justice Kem Thompson Frost
Justice Eva M. Guzman
Justice J. Harvey Hudson
Justice Charles W. Seymore
Justice Leslie Brock Yates  
December 2006 Opinions from the Fourteenth Court of Appeals in Houston
(Tex.App.- Houston [14th Dist.] 2006)
 
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