March 2006 Opinions from the Fourteenth Court of Appeals in Houston, Texas (14thCoA)

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March 30, 2006

Lennar Corp. v. Great American Ins. Co. (Tex.App.-Houston [14th Dist] March 30, 2006)
(separate opinion by Edelman) (Concurrence / dissent by Justice Richard Edelman on motion for rehearing)
CONCURRING / DISSENTING: Opinion by Justice Edelman
Before Justices Fowler, Edelman and Seymore
14-02-00860-CV Lennar Corporation, Lennar Homes of Texas Land and Construction, Limited, and Lennar Homes of
Texas Sales and Marketing, Limited, D/B/A Village Builders v. Great American Insurance Company, American Dynasty
Surplus Lines Insurance Company, Markel American Insurance Company Gerling America Insurance Company, RLI
Insurance Company, Insurance Company of The State of Pennsylvania and Westchester Fire Ins Company
Appeal from 270th District Court of Harris County (Judge Brent C. Gamble)

Home Loan Corp. v. Texas American Title Co., 191 S.W.3d 728 (Tex.App.- Houston [14th Dist.] 2006, pet. denied)
Home Loan Corp. v. Texas American Title Company (Tex.App.-Houston [14th Dist.] March 30, 2006 pet. denied
6/1/2007)(Edelman) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Edelman
Before Justices Brock Yates, Edelman and Guzman
14-03-01131-CV Home Loan Corporation d/b/a Expanded Mortgage Credit v. Texas American Title Company
Appeal from 270th District Court of Harris County (Hon Brent Gamble)

In re J.M.D. (Tex.App.-Houston [14th Dist.] March 30, 2006)(Frost)
[Child support, dormant judgment, ex post facto law, constitutional challenge]
AFFIRMED: Opinion by Justice Kem Frost
Before Justices Hudson, Frost and Seymore
14-03-01196-CV In the Interest of J. M. D.
Appeal from 312th District Court of Harris County (Judge James D. Squier)

Warehouse Associates v.Celotex (Tex.App.-Houston [14th Dist.] March 30, 2006)(Frost)
[as-is provision in contract for sale of real estate, enforceability of the waiver-of-reliance provision, fraudulent
inducement exception, misrepresentation or concealment of asbestos contamination in the soil , fact issues as to
fraudulent-inducement exception]
REVERSED AND REMANDED: Opinion by Justice Kem Frost
Before Justices Fowler, Frost and Seymore
14-03-01444-CV Warehouse Associates Corporate Centre II, Inc., Warehouse Associates Corporate Centre Post
Oak, LTD., and Warehouse Associates Development, Inc v. Celotex Corporation, Lecil M. Colburn and David Murry
Appeal from 127th District Court of Harris County (SHAROLYN P. WOOD)

In re T.S. et al (Tex.App.-Houston [14th Dis.] March 30, 2006)(Frost)

REVERSED AND REMANDED: Opinion by Justice Frost
Before Justices Hudson, Frost and Seymore
14-05-00284-CV In the Interest of T.S., E.S. and V.S.
Appeal from 300th District Court of Brazoria County

In re E.S.C. (Tex.App.-Houston [14th Dist.] March 2006)(Hudson)
[parental rights termination, children used for shoplifting]
AFFIRMED: Opinion by Justice Harvey Hudson
Before Justices Hudson, Seymore and Guzman
14-04-01160-CV In the Interest of E.S.C and L.M.M.
Appeal from 328th District Court of Fort Bend County

In re T.S. et al (Tex.App.–Houston [14th Dist.] March 30, 2006)(Frost)

REVERSED AND REMANDED: Opinion by Justice Kem Thompson Frost
Before Justices Hudson, Frost and Seymore
14-05-00284-CV In the Interest of T.S., E.S. and V.S.
Appeal from 300th District Court of Brazoria County

Hardy v. Villereal (Tex.App.–Houston [14th Dist.] March 28, 2006)(Frost)
[Prisoner Litigation Act, pro se, IFP, frivolous]
AFFIRMED: Opinion by Justice John Anderson
Before Justices Anderson, Edelman and Frost
14-04-00821-CV Charles Ray Hardy v. Argelio Villereal and Texas Department of Criminal Justice Institutional Division
Appeal from 23rd District Court of Brazoria County
("This court has held on prior occasions that a dismissal without prejudice is the appropriate manner to dismiss an
inmate's cause of action under the Inmate Litigation Act. See, e.g., Barnes v. Tex. Dept. of Criminal Justice, No. 14-
02-00801-CV, 2004 WL 612824, at *3 (Tex. App.-Houston [14th Dist.] March 30, 2004, no pet.) (not designated for
publication); Hickman v. Adams, 35 S.W.3d 120, 124-25 (Tex. App.-Houston [14th Dist.] 2000, no pet.). A dismissal
with prejudice constitutes the equivalent of an adjudication on the merits and operates as if the case had been fully
tried and decided, and therefore, it has full res judicata and collateral estoppel effect. Hickman, 35 S.W.3d at 124-
25. A trial court's dismissal of a cause of action under section 14.005 is not a dismissal on the merits, and a dismissal
without prejudice is the correct disposition.")

J.M.K., 6 Inc. v. Gregg (Tex.App.–Houston [14th Dist.] March 28, 2006)(Guzman)
[legal malpractice, real estate transactions, negligence, negligent misrepresentation, promissory estoppel,
deceptive trade practices, contribution, and indemnity, statute of limitations, tolling, contribution and indemnity]
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Eva Guzman
14-04-00849-CV J.M.K, 6 Inc. v. Gregg & Gregg, P.C and Dick H. Gregg, Jr.
Appeal from 334th District Court of Harris County (Judge not identified on docket sheet)

Hooper v. Chittaluru (Tex.App.– Houston [14th Dist.] March 28, 2006)(Yates)
[exclusion of expert witness testimony reversed as harmful]
REVERSED AND REMANDED: Opinion by Justice Leslie Brock Yates
Before Chief Justice Hedges, Justices Brock Yates and Guzman
14-05-00058-CV Dorothy Hooper, Individually and as Representative of the Estate of Gayland W. Hooper, Deceased,
Mark Hooper, Matthew Hooper, and Melissa Hooper v. Sudha N. Chittaluru, M.D. and Arvind M. Pai, M.D.
Appeal from 280th District Court of Harris County (JudgeTony Lindsay)

Wilson v. Harris County Water (Tex.App.–Houston [14th Dist.] March 28, 2006)(Seymore)
[TTCA, dismissal affirmed for want of jurisdiction, employee dismissed too b/c governmental unit dismissed]
AFFIRMED: Opinion by Justice Charles Seymore
Before Justices Hudson, Fowler and Seymore
14-05-00078-CV Leroy Wilson v. Harris County Water Control & Improvement District # 21 and Mike Buckner
Appeal from 269th District Court of Harris County (Judge John Thomas Wooldridge)

Rutherford v. Greenwood Forest (Tex.App.–Houston [14th Dist. ] March 28, 2006)(Yates)
[suit by home owners, powers of homeowners association, authority to sell]
AFFIRMED: Opinion by Justice Brock Yates
Before Chief Justice Hedges, Justices Brock Yates and Anderson
14-05-00571-CV Duane Rutherford and Darline Rutherford v. Millard Norred, Kenneth Latimer, Faye Gee, John
Stofer, Warren J. Carroll and Greenwood Forest Fund, Inc D/B/A Greenwood Forest Property Owners Association
Appeal from 270th District Court of Harris County (Judge Brent Gamble)

March 27, 2006

Civil Causes Decided:

Houston Chronicle Publishing Co. v. O'Hare (Tex.App.- Houston [14th Dist.] Mar. 27, 2006)(per curiam)
MOTION OR WRIT DENIED: Per Curiam
Before Chief Justice Hedges, Justices Brock Yates and Guzman
14-06-00246-CV        In Re Houston Chronicle Publishing Company and Peggy O'Hare
Appeal from 230th District Court of Harris County

March 23, 2006

Civil Causes Decided:

Lloyd v. Crosby ISD (Tex.App.- Houston [14th Dist.] Mar. 27, 2006)(Edelman)(tax suit, bill of review)
AFFIRMED: Opinion by Justice Edelman
(Before Justices Anderson, Edelman and Frost)
14-00-01517-CV        Claude Hugh Lloyd, Jr. and Cassondra Jean Lloyd v. Crosby Independent School District, Linda
Lloyd Peters, Mary Beth Lloyd, Harris County, Harris County Education Department, Port of Houston of Harris County
Authority, Harris County Flood Control District, Harris County Hospital District Et Al
Appeal from 157th District Court of Harris County (Judge David Miguel Medina)

DISMISSED: Per Curiam
(Before Justices Anderson, Edelman and Frost)
14-05-00578-CV        In the Interest of A.M.Q.
Appeal from 314th District Court of Harris County

DISMISSED: Per Curiam
(Before Justices Anderson, Edelman and Frost)
14-05-00737-CV        In the Interest of M.R.G.
Appeal from 306th District Court of Galveston County

DISMISSED: Per Curiam
(Before Justices Anderson, Edelman and Frost)
14-05-00916-CV        Mary Ann DeMars and Robert DeMars v. Chia-Su Chou, teh-Weh Chou, Niey-Bor Hsyung, Law
Offices of Hsyung & Associates, Charles Chou and Assist-2-Sell
Appeal from 280th District Court of Harris County

DISMISSED: Per Curiam
(Before Justice Guzman)
14-05-00943-CV        John F. Brown v. Sovereign Services of Houston, Inc. and Omni Hotel Management
Corporation--Appeal from Co Civil Ct at Law No 2 of Harris County

DISMISSED: Per Curiam
(Before Justices Hudson, Fowler and Seymore)
14-05-00957-CV        Leonard Ray Simmons v. Daniel Charles Rowe
Appeal from Co Civil Ct at Law No 3 of Harris County

DISMISSED: Per Curiam
(Before Justices Anderson, Edelman and Frost)
14-05-01094-CV        In the Interest of Z.P.
Appeal from 328th District Court of Fort Bend County

DISMISSED: Per Curiam
(Before Justices Anderson, Edelman and Frost)
14-05-01214-CV        Leonard M. McCollum, Trustee of the McCollum Trust v. Amin Noor
Appeal from 61st District Court of Harris County

DISMISSED: Per Curiam
(Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-06-00070-CV        Melvin Holloway v. Option One Mortgage Corp
Appeal from County Court at Law No 2 of Fort Bend County

MOTION OR WRIT DENIED: Per Curiam
(Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-06-00172-CV        In Re: Phillip Lightfoot
Appeal from 11th District Court of Harris County

DISMISSED: Per Curiam
(Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-06-00184-CV        Brooker Incorporated v. International Commodity Carries Inc. and Mike Ogashi d/b/a MC
Transportation Inc.
Appeal from 334th District Court of Harris County

March 21, 2006

Civil Causes Decided:

DISMISSED: Per Curiam
(Before Justices Hudson, Fowler and Seymore)
14-06-00206-CV        In Re: Jacqueline Parks
Appeal from 247th District Court of Harris County

MOTION OR WRIT DENIED: Per Curiam
(Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-06-00228-CV        In Re Kebo Corporation
Appeal from 155th District Court of Waller County

March 20, 2006

Civil Causes Decided:

In Re Talis Lee Rande Delaney (Tex.App.- Houston [14th Dist.] Mar. 20, 2006)(per curiam)
(mandamus re: temporary orders denied)
MOTION OR WRIT DENIED: Per Curiam
(Before Justices Hudson, Fowler and Seymore)
14-06-00188-CV        In Re Talis Lee Rande Delaney
Appeal from 257th District Court of Harris County (Hon. Judy Warne)

March 16, 2006

Civil Causes Decided:

Tex-On Motor v. Trans South Financial (Tex.App.–Houston [14th Dist.] March 16, 2006)(Seymore)
[Motion for new trial erroneously denied; new evidence of perjured testimony on controlling fact requires reversal]
DISMISSED IN PART; REVERSED AND REMANDED IN PART:
Opinion by Justice Charles W. Seymore
Before Justices Edelman, Seymore and Guzman
14-04-00366-CV
Tex-On Motor Center v. Trans South Financial Corporation, Roy D. Fitzpatrick and Marsha J. Fitzpatrick
Appeal from County Civil Court at Law No 4 of Harris County

City of Houston v. Harris II Majority Opinion (Tex.App-Houston [14th Dist] March 16, 2006)(Edelman)
City of Houston v. Harris II Concurring Opinion by Justice Edelman
[Texas Tort Claims Act, City held to be immune under the facts of the case, trial court’s denial of City's successive
plea to the jurisdiction reversed in this second interlocutory appeal and case dismissed for want of jurisdiction; law of
the case doctrine held inapplicable because on new facts and legal issues presented in the second appeal.]
REVERSED AND RENDERED: Opinion by Justice Eva Guzman
Before Justices Edelman, Seymore and Guzman
14-04-01179-CV City of Houston v. Thomas and Chorlottiea Harris, Individually and as Next Friend of Joshua Harris, A
Minor
Appeal from Co Civil Ct at Law No 3 of Harris County

Wolters v. Delgatto (Tex.App-Houston [14th Dist.] March 16, 2006)(Yates)
[pro se, vexatious litigant designation, bond, filing baseless, frivolous suit, conversion, slander, church and state, first
amendment, ecclesiastical matters, religious controversy, lack of jurisdiction]
AFFIRMED: Opinion by Justice Leslie Brock Yates
Before Chief Justice Hedges, Justices Brock Yates and Anderson
14-05-00055-CV Joyce Wolter v. Joe Delgatto, Madeline Delgatto, Eldon Sheffer, Michael Cole, Lynn Johnson,
Stanley Beyer, Jeanie Flowers, Douglas Harper, Jody Harrington, John Hirling, Jerry Hurst, Roy Keezel, Leona
Nickerson, Louise Row, Tom Lord, Houston Housing Management Corp.
Appeal from 280th District Court of Harris County

Stringfellow v. Fontenot (Tex.App-Houston [14th Dist.] March 16, 2006)(Edelman)
[baseless claim, sanctions by way of counterclaim under Tex. Civ. Prac. &. Rem Code chapter 10, section 10.004;
libel, slander, defamation, per se, malicious prosecution, based on allegation of theft; report of suspected criminal
activity, privileged communication]
AFFIRMED: Opinion by Justice Richard H. Edelman
Before Justices Anderson, Edelman and Frost
14-05-00155-CV
Sherril Stringfellow v. John Fontenot and Tracy Long
Appeal from Co Civil Ct at Law No 4 of Harris County
Falcon Telecable, a California Limited Partnership d/b/a Charter Communications-
Appeal from 281st District Court of Harris County

DISMISSED: Per Curiam
(Before Justices Anderson, Edelman and Frost)
14-05-00608-CV        David Foster and Christeene Foster, Individually and as Next Friend of Christofer Foster v.
Bybee Development Corporation; John Clinton Bybee,Jr.individually; and d/b/a Bybee & Oliver; Tracy N. Lawrence;
Jelliff Family Trust; TNT & ELL LTD.
Appeal from 280th District Court of Harris County

DISMISSED: Per Curiam
(Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-05-00910-CV        Jewel Teagle and Dalton Teagle, Individually and a/n/f to Colin Teagle, A Minor Child v. AMC
Theatres Meyer Park--Appeal from 113th District Court of Harris County

DISMISSED: Per Curiam
(Before Chief Justice Hedges, Justices Brock Yates and Hudson)
14-05-00928-CV        David Aguero v. Stephanie Laughlin & Grinnell Mutual Group
Appeal from 280th District Court of Harris County

DISMISSED: Per Curiam
(Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-06-00019-CV        In the Interest of C.D.C., a Child
Appeal from 309th District Court of Harris County

DISMISSED:
(Before )
14-06-00059-CV        Geoffrey Brian Gillespie v. Dawn McKeever
Appeal from 312th District Court of Harris County

MOTION OR WRIT DENIED: Per Curiam
(Before Justices Hudson, Fowler and Seymore)
14-06-00134-CV        In Re Jimmy Ray Britton
Appeal from 61st District Court of Harris County

March 14, 2006

Civil Causes Decided:

Criminal Causes Decided:

AFFIRMED: Opinion by Justice Brock Yates
(Before Chief Justice Hedges, Justices Brock Yates and Anderson)
14-04-01003-CR        Chlamon, Jessee v. The State of Texas
Appeal from 23rd District Court of Brazoria County

March 9, 2006

Civil Causes Decided:

Piper v. Edwards (Tex.App.- Houston [14th Dist.] Mar. 9, 2006)(Hudson)

AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Hudson
(Before Justices Hudson, Frost and Seymore)
14-04-00953-CV        David Piper v. Gerald Edwards
Appeal from Co Civil Ct at Law No 4 of Harris County

Ortiz v. Collins (Tex.App. - Houston [14th Dist.] Mar. 9, 2006)(Yates)

AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Brock Yates
(Before Justices Brock Yates, Anderson and Mirabal)
14-04-01156-CV        Robert Ortiz v. Andrew Collins, Tim Welsh and Jerel S. Twyman
Appeal from 295th District Court of Harris County
Concurring Opinion by Justice Mirabal in Robert Ortiz v. Andrew Collins, Tim Welsh and Jerel S. Twyman

DISMISSED: Per Curiam
(Before Justices Hudson, Fowler and Seymore)
14-05-00048-CV        Judy Cox Crook f/k/a Judy Cox Swate v. Cheryle R. Johnston, Receiver
Appeal from 309th District Court of Harris County

DISMISSED: Per Curiam
(Before Justices Hudson, Fowler and Seymore)
14-05-00786-CV        The Insurance Company of the State of Pennsylvania, by and through it's third party
administrator, Gallagher Bassett Services, Inc. v. Pedus Building Services, Inc and Unknown Employees, Agents
and/or Servants of Pedus Building Services and Other Unknown Parties or Corporations or Principles--Appeal from
281st District Court of Harris County

In Interest of ACD (Tex.App.- Houston [14th Dist.] Mar. 9, 2006)(per curiam)

AFFIRMED: Per Curiam
(Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-05-00790-CV        In the Interest of A.C.D., a Child
Appeal from 315th District Court of Harris County

DISMISSED: Per Curiam
(Before Justices Anderson, Edelman and Frost)
14-05-00815-CV        In the Interest of L.C.T., Child
Appeal from 314th District Court of Harris County

DISMISSED: Per Curiam
(Before Justices Anderson, Edelman and Frost)
14-05-01070-CV        Sanjeev Patel v. Suresh Kumar Shah, Paresha Shah, Neel Shah Hospitality Inc., SRP
Hospitality, Inc., Lorrain Hospitality, Inc., RSP Hospitality, Inc., PMS Hospitality, Inc., ISHA Realty, Inc., Prakash Parikh,
and Kokila Parikh
Appeal from 190th District Court of Harris County

DISMISSED: Per Curiam
(Before Justices Hudson, Fowler and Seymore)
14-06-00024-CV        Marianne Malet and Michael F. Malet v. Preferred Bank
Appeal from Co Civil Ct at Law No 3 of Harris County

MOTION OR WRIT DENIED: Per Curiam
(Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-06-00135-CV        In Re Charles Edward Bonner
Appeal from 239th District Court of Brazoria County

March 8, 2006

Civil Causes Decided:

DISMISSED: Per Curiam
(Before Justices Anderson, Edelman and Frost)
14-06-00178-CV        In Re Michelle Barker
Appeal from 308th District Court of Harris County

March 7, 2006

Civil Causes Decided:

AFFIRMED: Opinion by Justice Hudson
(Before Justices Hudson, Frost and Seymore)
14-04-00704-CV        J. Michael Epstein and Robert B. Sisson v. Wendy's International, Inc. and Emerald Land
Company, L.C.--Appeal from 151st District Court of Harris County

REVERSED AND REMANDED: Opinion by Justice Mirabal
(Before Justices Frost, Seymore and Mirabal)
14-04-00938-CV        Michael Patrick O'Donovan v. Kathleen Schneeman O' Donovan
Appeal from 245th District Court of Harris County

DISMISSED: Per Curiam
(Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-06-00082-CV        In Re Jerry Mack Wright
Appeal from 246th District Court of Harris County

March 2, 2006

Civil Causes Decided:

Illinois Tool Work, Inc. v. Harris (Tex.App.- Houston [14th Dist.] Mar. 2, 2006)(Fowler)
REVERSED AND REMANDED: Opinion by Justice Fowler
(Before Justices Fowler, Edelman and Guzman)
14-04-00792-CV        Illinois Tool Work Inc. ("ITW") v. Ken Harris
Appeal from 133rd District Court of Harris County

Piper v. Edwards (Tex.App.- Houston [14th Dist.] Mar. 2, 2006)Hudson)
(AFFIRMED IN PART/REVERSED AND RENDERED: Opinion by Justice Hudson
(Before Justices Hudson, Frost and Seymore)
14-04-00953-CV        David Piper v. Gerald Edwards
Appeal from Co Civil Ct at Law No 4 of Harris County

DISMISSED: Per Curiam
(Before Justices Hudson, Fowler and Seymore)
14-05-00609-CV        Krispy Kreme Doughnut Corporation v. Lone Star Doughnuts LTD
Appeal from 133rd District Court of Harris County

DISMISSED: Per Curiam
(Before Justices Hudson, Fowler and Seymore)
14-05-00672-CV        Eugene Corruthers and Arthur Corruthers d/b/a Bayou City Pallet v. Koba Real Estate, LP
Appeal from 133rd District Court of Harris County

DISMISSED: Per Curiam
(Before Justices Hudson, Fowler and Seymore)
14-05-00693-CV        Pearland Hospitality Service, Inc v. Hope Lumber & Supply Co.
Appeal from Co Civil Ct at Law No 3 of Harris County

DISMISSED: Per Curiam
(Before Justices Hudson, Fowler and Seymore)
14-05-00708-CV        Donna Lai v. Mary Nguyen Lu and Allstate Insurance Company
Appeal from 281st District Court of Harris County

DISMISSED: Per Curiam
(Before Justices Hudson, Fowler and Seymore)
14-05-00924-CV        Luc Heusdain v. Melinda Lee
Appeal from 189th District Court of Harris County

DISMISSED: Per Curiam
(Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-05-01270-CV        Bay Area Waste Systems, Inc., Eastex Waste Systems, Inc., Liberty Waste Systems, Inc., and
Star Disposal Systems v. BFI Waste Services of Texas, LP
Appeal from 55th District Court of Harris County

DISMISSED: Per Curiam
(Before Justices Hudson, Fowler and Seymore)
14-06-00033-CV        James E. McDow v. Wanda F. McDow
Appeal from County Court No. 3 of Galveston County

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