Opinion Watch: June 2006 Decisions of the
Fourteenth Court of Appeals (14thCoA)  Houston - Texas

June 27, 2006: Sometimes even the big bank lawyers slip up - Credit card holder scores partial
victory over finance charges

Hay v. Citibank (Tex.App.–Houston [14th. Dist.] June 27, 2006)(Edelman)
[debtor’s challenge to summary judgment on credit card debt; partially reversed for lack of evidence supporting
calculation of charges for interest]
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Richard Edelman
[debtor’s challenge to summary judgment on credit card debt; partially reversed for lack of evidence supporting
calculation of charges for interest]
Before Justices Fowler, Edelman and Guzman
14-04-01131-CV Kelly K. Hay v. Citibank (South Dakota) N.A.
Appeal from County Civil Court at Law No 2 of Harris County (Judge Gary Michael Block)
(“In addition to purchases, the Citibank statements contain charges for late fees and over credit limit fees, the
amounts of which are flat fees plainly specified in the terms and conditions in exhibit C.  However, the statements also
impose finance charges, which are generally described in the terms and conditions, but neither the statements nor
Citibank’s other summary judgment evidence provides an explanation showing specifically how these amounts were
calculated.  Because this evidence is therefore insufficient to prove that Hay owed those amounts, we sustain her fifth
issue as to the finance charges, and we need not address her other challenges to those amounts. .. Accordingly, the
summary judgment is:  (1) reversed as to the finance charges and remanded to the trial court for further proceedings
thereon; and (2) affirmed as to the remainder of the judgment.”)

In re R.A.  (Tex.App.–Houston [14th. Dist.] June 27, 2006)(Frost)
[Juvenile caught with pot; delinquency adjudication affirmed]
AFFIRMED: Opinion by Justice Kem Frost
Before Justices Anderson, Edelman and Frost
14-04-00863-CV In the Interest of R.A.
Appeal from 313th District Court of Harris County (Judge John Phillips)
(“appellant failed to preserve error with respect to suppression of the marijuana because he failed to obtain a timely
ruling on his motion to suppress or properly and timely object to the admission of the evidence made the subject of
this motion.”)

June 29, 2006  - Court dismisses appeal because parties failed to attempt to mediate dispute

Main Marine Repairs v. Wells Fargo Bank (Tex.App.-Houston [14th Dist.] June 29, 2006)(per curiam) (pet. filed)
[appeal dissmissed for failure to comply with mediation order]
DISMISSED: Per Curiam
Before Justices Anderson, Edelman and Frost)
14-06-00119-CV Main Marine Repairs & IND Cleaning Co., and John Stergiou v. Wells Fargo Bank, NA
Appeal from Co Civil Ct at Law No 1 of Harris County (R. Jack Cagle)

Coats v. Farmers Ins. Exchange (Tex.App.-Houston [14th Dist.] June 29, 2006)(Seymore)
[homeowner insurance policy, insurance code claim]
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Seymore
Before Justices Hudson, Frost and Seymore)
14-04-00686-CV John Coats and Shahin Coats v. Farmers Insurance Exchange
Appeal from 270th District Court of Harris County (Brent Gamble)

Chapman v. Olbrich (Tex.App.-Houston [14th Dist.] June 29, 2006)(Frost)
[home sale, specific performance]
AFFIRMED: Opinion by Justice Frost
Before Justices Hudson, Frost and Seymore)
14-05-00056-CV James and Patricia Chapman v. Doug and Eleanor Olbrich
Appeal from 157th District Court of Harris County
Dissenting Opinion by Justice Hudson

Hooper v Chittaluru (Tex.App.-Houston [14th Dist.] June 29, 2006)(Yates)
[medical malpractice; dispute over expert testimony, harmful error in exclusion of evidence]
REVERSED AND REMANDED: Opinion by Justice 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 (Judge Tony Lindsay)

DR Horton-Texas v. Markel Int. Co. Lim (Tex.App.-Houston [14th Dist.] June 29, 2006)(Guzman)
[residential construction liability, indemnity, latent defect]
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Guzman
Before Justices Fowler, Edelman and Guzman)
14-05-00486-CV DR Horton-Texas Ltd v. Markel International Company Limited and Sphere Drake Insurance Limited,
Ltd.
Appeal from 281st District Court of Harris County (Judge David J. Bernal)

In Re Saundra Lee Micklos (Tex.App.-Houston [14th Dist.] June 29, 2006 (Edelman)
[Motion to reinstate, question of whether trial court jurisdiction had expired]
GRANTED: Opinion by Justice Edelman
Before Justices Fowler, Edelman and Guzman)
14-05-01236-CV In Re Saundra Lee Micklos
Appeal from 164th District Court of Harris County

In Re Jimmy Ash  (Tex.App.-Houston [14th Dist.] June 29, 2006)(Hedges)
[contempt, commitment order issued in residential construction dispute, writ of habeas corpus granted, order is
ambiguous and vague, and cannot be enforced by contempt]
MOTION OR WRIT GRANTED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-06-00413-CV In Re: Jimmy Ash
Appeal from 113th District Court of Harris County (Patricia Ann Hancock)

Ramco Energy v. Anglo-Dutch (Tex.App.-Houston [14th Dist.] June 29, 2006)
[turnover order appeal moot, nunc pro tunc order]
DISMISSED: Per Curiam
Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-06-00433-CV Ramco Energy PLC and Ramco Oil Limited (formerly known as Ramco Oil & Gas, Ltd) v. Anglo-
Dutch (Tenge) LLC and Anglo-Dutch Petroleum International, Inc.
Appeal from 61st District Court of Harris County

In Re Sara Matula (Tex.App.-Houston [14th Dist.] June 29, 2006)(per curiam)
[waiver by acquiescence]
MOTION OR WRIT DENIED: Per Curiam
Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-06-00449-CV In Re: Sara Matula--Appeal from 308th District Court of Harris County
On May 18, 2006, relator filed a petition for writ of mandamus in this court.  See Tex. Gov=t Code Ann. ' 22.221
(Vernon 2004); see also Tex. R. App. P. 52.  In the petition, relator asked this court to compel the Honorable Georgia
Dempster, presiding judge of the  308th District Court of Harris County, to set aside her ruling granting the real
parties in interest visitation with relator’s minor child through the SAFE program.

Ramco Oil v. Anglo-Dutch (Tex.App.-Houston [14th Dist.] June 29, 2006)
DISMISSED: Per Curiam
Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-06-00507-CV Ramco Oil & Gas LTD and Ramco Energy PLC v. Anglo-Dutch (Tenge) LLC and Anglo-Dutch
Petroleum International, Inc.
Appeal from 61st District Court of Harris County

Smith v. State of Texas (criminal child abuse case)(Hedges)
[child abuse / neglect resulting in death; trial court error in consideration of extraneous offenses]
REVERSED AND REMANDED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Brock Yates and Anderson)
14-05-00031-CR Calvin Joseph Smith v. The State of Texas
Appeal from 278th District Court of Grimes County
DISSENTING: Opinion by Justice Brock Yates
(“I respectfully dissent to the majority’s conclusion that the trial court erroneously considered extraneous offenses in
assessing appellant’s punishment.“)

Corporate Express of Texas Inc. v. Moore (Tex.App.-Houston [14th Dist.] June 29, 2006)
DISMISSED: Per Curiam
Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-05-00472-CV Corporate Express of Texas Inc. v. Carolyn J. Moore
Appeal from 334th District Court of Harris County

Main Marine Repairs v. Wells Fargo Bank (Tex.App.-Houston [14th Dist.] June 29, 2006) DISMISSED: Per Curiam
Before Justices Anderson, Edelman and Frost)
14-06-00119-CV Main Marine Repairs & IND Cleaning Co., and John Stergiou v. Wells Fargo Bank, NA
Appeal from Co Civil Ct at Law No 1 of Harris County

Shike v. Shike  (Tex.App.-Houston [14th Dist.] June 29, 2006)
DISMISSED: Opinion by Justice Frost
Before Justices Anderson, Edelman and Frost)
14-06-00359-CV John R. Shike v. Zubzida M. Shike
Appeal from 309th District Court of Harris County

In Re Sara Matula (Tex.App.-Houston [14th Dist.] June 29, 2006)
MOTION OR WRIT DENIED: Per Curiam
Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-06-00449-CV In Re: Sara Matula--Appeal from 308th District Court of Harris County

June 22, 2006 - Appeals Panel Holds That Pro Se Inmates Have Legal Rights Too (Surprising in
Light of the Houston Courts of Appeals’ Pattern of Affirming All but a Few Criminal Convictions).

Nabelek v. Aldrich (Tex.App.–Houston [14th Dist.] June 22, 2006)(Frost)
[trial court abused its discretion by denying pro-se inmate’s motion to retain and dismissing his claims for want of
prosecution; inmate sought to appear at hearing by telephone; inmates also entitled to access to the (civil) court
system]
REVERSED AND REMANDED: Opinion by Justice Kem Thompson Frost
Before Justices Hudson, Frost and Seymore
14-04-00886-CV Ivo Nabelek v. Billy M. Aldrich, Et Al
Appeal from 113th District Court of Harris County (name of judge omitted from appellate docket sheet)
(“The trial court in the present case required Nabelek’s presence at the dismissal hearing.  The trial court then, either
by not acting on Nabelek’s motion to appear by telephone before the dismissal hearing or by denying the motion,
essentially closed the court’s doors to him.  We conclude that, under these circumstances, the trial court abused its
discretion by dismissing Nabelek’s claims against all defendants, including Aldrich, for want of prosecution. ...  We
reverse the trial court’s order of dismissal for want of prosecution and remand Nabelek’s claims to the trial court for
proceedings consistent with this opinion.”)

Bounds v. Cole & Ashcroft  (Tex.App.–Houston [14th Dist.] June 22, 2006)(Fowler)
[sale of store, sj, fraud, breach of contract, misrepresentation, merger clause, statute of limitations; fraud claim barred
by merger clause in asset purchase agreement]  
AFFIRMED: Opinion by Justice Fowler
Before Justices Hudson, Fowler and Seymore
14-05-00064-CV Tim Bounds v. Cole & Ashcroft
Appeal from 152nd District Court of Harris County (Judge not listed; presumably Ken Wise)

Sampson v. Stone Street Services, Inc. (Tex.App.–Houston [14th Dist.] June 22, 2006)(Fowler)
[timeliness of appeal, effect of request for findings of fact, when relevant to appeal]
DISMISSED: Opinion by Justice Fowler
Before Justices Hudson, Fowler and Seymore
14-05-00627-CV Christine M. Sampson, Guardian of the Estate of Sidney Everett Landrum, an Incapacitated Person
v. Stone Street Services, Inc.
Appeal from Probate Court No 1 of Harris County (Name of Trial Court judge not listed)

Lain v. Safeco Inc. Co. (Tex.App.–Houston [14th Dist.] June 22, 2006)(Fowler)
[ins. coverage dispute, uninsured motorist, appeal from summary judgment dismissed because it is interlocutory, not
final because claims not addressed in summary judgment remained pending, even though “closed” stamped on page]
DISMISSED: Opinion by Justice Fowler
Before Justices Fowler, Frost and Seymore
14-05-00849-CV Derek Lai and Ching Wang Chu v. Safeco Insurance Company of Illinois
Appeal from Co Civil Ct at Law No 3 of Harris County (Judge Lynn M. Bradshaw-Hull)

Waqar v. Foster   (Tex.App.–Houston [14th Dist.] June 22, 2006)
[untimely notice of appeal, restricted appeal not permitted in this case because appellant filed timely post-judgment
motion]
DISMISSED: Per Curiam
Before Chief Justice Hedges, Justices Brock Yates and Guzman
14-06-00298-CV Mohammad Waqar D/B/A J&M Grocery Store v. Robert Foster
Appeal from Co Civil Ct at Law No 1 of Harris County (Judge R. Jack Cagle)

June 20, 2006

Kilpatrick v. McKenzie (Tex.App.–Houston [14th Dist.] June 20, 2006)(Frost)
[dispute over beach property, trespass to try title action, judgment reversed]
REVERSED AND RENDERED: Opinion by Justice Frost
Before Justices Hudson, Frost and Seymore
14-04-00986-CV Bradford Kilpatrick v. Marion Judy McKenzie and Randall McKenzie
Appeal from 405TH District Court of Galveston County (Judge Wayne J. Mallia)

Crook v. Johnston (Tex.App.–Houston [14th Dist.] June 20, 2006)(Hudson)
[dismissal due to multiple delays]
DISMISSED: Opinion by Justice Hudson (Fowler Dissents without an opinion)
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 (Judge Frank Barlow Rynd)

Hawkins v. Hawkins (Tex.App.–Houston [14th Dist.] June 20, 2006)(Seymore)
[property division in no-fault divorce; split need not be exactly 50:50 in light of other factors, incl. disparity in earnings
capacity]
AFFIRMED: Opinion by Justice Seymore
Before Justices Hudson, Fowler and Seymore
14-05-00117-CV Richard E. Hawkins v. Amy Hawkins
Appeal from 328th District Court of Fort Bend County (Judge Ronald R. Pope)

Reyna v. Elizondo (Tex.App.–Houston [14th Dist.] June 20, 2006)(Yates)
[restricted appeal not available if timely post-judgment motion filed]
DISMISSED: Opinion by Justice Brock Yates
Before Chief Justice Hedges, Justices Brock Yates and Guzman
14-05-00622-CV Maria Reyna v. Juan A. Elizondo, Jr., and Connie L. Lockard
Appeal from 240th District Court of Fort Bend County (Judge Thomas Ralph Culver)

Alsheikh v. Arabian Nat. Shipping Corp. (Tex.App.–Houston [14th Dist.] June 20, 2006)Yates)
[crossmotions for summary judgment, promissary notes secured by deeds of trust on the real property, lien,
limitations, UDJA; no limitations because debt acknowledged within 4 years; revival of liens, implied promise to pay a
debt]
AFFIRMED: Opinion by Justice Brock Yates
Before Chief Justice Hedges, Justices Brock Yates and Guzman
14-05-00787-CV Jawad N. Alsheikh v. Arabian National Shipping Corporation
Appeal from 269th District Court of Harris County (Judge John Thomas Wooldridge)

Quebe v. Pope (Tex.App.–Houston [14th Dist.] June 20, 2006)(Hedges)
[sexual assault allegations, denial of sj on defamation and tortious interference with a contract; no interlocutory
jurisdiction; no media defendant; ILA prohibited by common law; ILA statute must be construed strictly)
DISMISSED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Brock Yates and Guzman
14-05-01054-CV Jacqueline Quebe and Charles Quebe v. Curtis Pope
Appeal from 405TH District Court of Galveston County (Judge Wayne J. Mallia)

UTMB v. Thompson (Tex.App.–Houston [14th Dist.] June 20, 2006)(Anderson)
[Texas Tort Claims Act, TTCA; denial of university’s plea to the jurisdiction reversed, judgment of dismissal rendered,
sovereign immunity not waived for this type of health care liability claim]
REVERSED AND RENDERED: Opinion by Justice Anderson
Before Justices Anderson, Edelman and Frost
14-06-00014-CV University of Texas Medical Branch v. Tinesha T. Thompson
Appeal from 122nd District Court of Galveston County (Judge John A. Ellisor JR.)

Mabon Lim. v. Afri-Carib Enterprises Inc. (Tex.App.–Houston [14th Dist.] June 20, 2006)(per curiam)
[prior opinion withdrawn as erroneous; dismissed upon motion of Appellant]
DISMISSED: Per Curiam
Before Justices Anderson, Edelman and Frost
14-06-00278-CV Mabon Limited v. Afri-Carib Enterprises Inc.
Appeal from 165th District Court of Harris County

June 15, 2006

Enviroassets v. Southwest Shipyard (Tex.App.–Houston [14th Dist.] June 15, 2006)
[Joint motion to dismiss interlocutory appeal]
DISMISSED: Per Curiam
Before Justices Anderson, Edelman and Frost
14-05-00074-CV Enviroassets, L.L.C., and Envirogistics, L.P v. Southwest Shipyard, L.P and Seattle Shipyard L.L.C.,
Appeal from 11th District Court of Harris County

In re T.S. and S.A.S. (Tex.App.–Houston [14th Dist.] June 15, 2006)(Hudson)
[termination of parental rights, JMC]
AFFIRMED: Opinion by Justice Hudson
Before Justices Hudson, Fowler and Seymore
14-05-00348-CV In The Interest of T.S. and S.A.S.
Appeal from 300th District Court of Brazoria County

State of Texas v. Provost (Tex.App.–Houston [14th Dist.] June 15, 2006)(Hudson)
[trial court’s grant of new trial reversed, trial court ordered to enter judgment of conviction]
VACATED AND REMANDED: Opinion by Justice Hudson (criminal case)
Before Justices Hudson, Fowler and Seymore
14-05-00537-CR The State of Texas v. Victor Provost
Appeal from 212th District Court of Galveston County
The State appeals the trial court’s granting a motion for new trial and setting aside the conviction of Victor Provost,
appellee, for possession of a controlled substance.  We vacate the order granting the motion for new trial and
remand the cause to the trial court to enter judgment of conviction in accordance with the jury’s verdict.

June 13, 2006 - Difference between injunctions in family court and civil courts addressed

Kheir v. Progressive County Mutual Ins. Co. (Tex.App.–Houston [14th Dist.] June 13, 2006)
[conversion involving car, car title, DTPA, breach of contract, negligent representation, fraud, conspiracy, conversion,
and wrongful repossession, declaratory relief and specific performance; subrogation; denial of  withdrawal of deemed
admissions not an abuse of discretion; good cause not established by proper evidence; legal sufficiency of award of
exemplary damages]
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Fowler
Before Justices Hudson, Fowler and Seymore
14-04-00694-CV Said Kheir a/k/a Benny Kheir, Individually, C & S Sports & Imports and Remington International v.
Progressive County Mutual Insurance Company, as Subrogee of Jose Antonio Valdes
Appeal from Co Civil Ct at Law No 4 of Harris County (Judge Cynthia Crowe)

In re B.G. and A.G. (Tex.App.–Houston [14th Dist.] June 13, 2006)
[SAPCR, motion to modify, modification, injunction: civil v. family, temporary, permanent]
AFFIRMED: Opinion by Justice Seymore
Before Justices Hudson, Frost and Seymore
14-04-00944-CV In the Interest of B.G. and A.G.
Appeal from 246th District Court of Harris County (Jim York)

June 8, 2006 - Justice Hudson takes DA to task for misrepresenting the record on appeal

Anh v. State of Texas (Tex.App–Houston [14th Dist.] June 8, 2006)(criminal case)
REVERSED AND REMANDED: Majority Opinion by Justice Frost
Before Justices Anderson, Hudson and Frost (on remand from higher court; opinion on motion for rehearing).
14-00-00560-CR Dang, Tuan Anh v. The State of Texas
Appeal from 176th District Court of Harris County
(“The Texas Court of Criminal Appeals determined that appellant satisfied the legal standard for establishing error
and remanded the case to this court for a harm analysis.  The legal standard for determining whether the trial court
abused its discretion in limiting appellant’s closing argument overlaps with the inquiry as to whether any such error is
harmful.  Because the high court’s rejection of our previous analysis tacitly mandates the conclusion that the error it
found is harmful, we reverse the trial court’s judgment and remand to the trial court for a new trial.”)
Concurring Opinion by Justice Hudson
("The Texas Court of Criminal Appeals, in a plurality opinion, held this court erred in concluding that the trial court did
not abuse its discretion’s in limiting the length of closing argument.  Dang v. State, 154 S.W.3d 616, 622 (Tex. Crim.
App. 2005).  Accordingly, the Court of Criminal Appeals remanded the cause to this court to conduct a harm
analysis.  On remand, we held the error presented here is constitutional error.  Because we could not conclude
beyond a reasonable doubt that the error did not contribute to appellant’s conviction, we reversed the trial court’s
judgment.  Tex. R. App. P. 44.2(a).  However, the State of Texas contends on rehearing that appellant has forfeited
any claim of constitutional error by failing to previously characterize it as error of constitutional magnitude. The State’
s assertion is wholly contrary to the record.”)

In re S.W.O. (Tex.App–Houston [14th Dist.] June 8, 2006)
[Appeal dismissed based on hearsay statement by nonparty family member to the effect that appellant does not wish
to pursue appeal; requirement to comply with rule governing voluntary dismissal suspended]
DISMISSED: Opinion by Justice Anderson  -  Dissenting Opinion by Justice Frost
Before Justices Anderson, Edelman and Frost
14-03-00059-CV In the Matter of S. W. O.
Appeal from 315th District Court of Harris County

In re D.D.A. (Tex.App–Houston [14th Dist.] June 8, 2006)
[retroactive child support affirmed, no record brough forward, tape-recording of proceedings before master; master’s
ruling not appealed to presiding judge, no court reporter]
AFFIRMED: Per Curiam
Before Chief Justice Hedges, Justices Brock Yates and Guzman
14-05-00046-CV In the Interest of D.D.A
Appeal from 306th District Court of Galveston County

Hall v. Hubco, Inc. (Tex.App–Houston [14th Dist.] June 8, 2006)(suppl. opinion on motion for reh’g)
[jury question, market value damages]
GRANTED IN PART AND DENIED IN PART: Opinion by Justice Brock Yates
Before Chief Justice Hedges, Justices Brock Yates and Anderson
14-05-00073-CV Gregg Hall, as Executor of the Estate of Preston L. Hall v. Hubco, Inc.
Appeal from 215th District Court of Harris County (Judge Levi James Benton)

Texas Mutual Ins. Co. v. Sonic Systems Int., Inc. (Tex.App–Houston [14th Dist.] June 8, 2006)
REVERSED AND RENDERED: Opinion by Justice Fowler
Before Justices Fowler, Edelman and Guzman
14-05-00111-CV Texas Mutual Insurance Company f/k/a Texas Workers Compensation Insurance Fund v. Sonic
Systems International Inc.
Appeal from 157th District Court of Harris County (Judge Randy Wilson)

In Re Sonic Systems Int., Inc. (Tex.App–Houston [14th Dist.] June 8, 2006)
MOTION OR WRIT GRANTED: Opinion by Justice Fowler
Before Justices Fowler, Edelman and Guzman
14-05-00770-CV In Re Sonic Systems International Inc.
Appeal from 157th District Court of Harris County

(“Because we conclude Sonic failed to establish as a matter of law that its claim for reimbursement under the TWCA,
as a subclaimant, survived the employee’s election to pursue and recover remedies under Alabama’s workers’
compensation laws, we reverse the trial court’s judgment in Sonic’s favor and render judgment affirming the decision
of the appeals panel in Cause No. 14-05-00111-CV.  Further, because we hold that the trial court’s decision to
continue abatement of Sonic’s contract claims  was improper, and Sonic lacks an adequate remedy by appeal should
abatement continue, we conditionally grant Sonic’s petition for writ of mandamus in Cause No. 14-05-00770-CV.”)

Witte v. Witte (Tex.App–Houston [14th Dist.] June 8, 2006)
DISMISSED: Opinion by Justice Seymore - Justice Fowler dissents without opinion
Before Justices Hudson, Fowler and Seymore
14-05-00768-CV Gerard Alan Witte v. Cynthia Grace Witte
Appeal from 246th District Court of Harris County (James D. Squier sitting for the 245th DC)

Anh v. State of Texas (Tex.App–Houston [14th Dist.] June 8, 2006)(criminal case) (see above)

June 6, 2006

Ramco Oil v. Anglo Dutch (Tex.App–Houston [14th Dist.] June 6, 2006)
[business dispute over interests in a foreign oil and gas field, BoC, misappropriation of trade secrets, breach of
fiduciary duty; no evidence of lost profit damages]
REVERSED AND RENDERED: Opinion by Justice Frost
Before Chief Justice Hedges, Justices Fowler and Frost
14-04-00433-CV Ramco Oil & Gas, Ltd, and Ramco Energy PLC v. Anglo Dutch (TENGE) L.L.C and Anglo - Dutch
Petroleum International, Inc.,
Appeal from 61st District Court of Harris County (Judge John J. Donovan)

Herrington v. Sandcastle Cond Assn. (Tex.App–Houston [14th Dist.] June 6, 2006)
[wrongful foreclosure suit fails, atty fees for defendant under UDJA, rent damages reversed because not pleaded and
not tried by consent, given plaintiff’s objection at trial]
AFFIRMED AND REFORMED: Opinion by Justice Brock Yates
Before Chief Justice Hedges, Justices Brock Yates and Guzman
14-05-00168-CV Sharon Lynn Herrington v. Sandcastle Condominium Association
Appeal from 405TH District Court of Galveston County (Judge Wayne J. Mallia)

Pryor v. State of Texas  (Tex.App–Houston [14th Dist.] June 6, 2006)
[foreiture proceeding, death penalty discovery sanctions, pleadings stricken, lesser sanctions in the form of warning]
AFFIRMED: Opinion by Justice Fowler
Before Justices Hudson, Fowler and Seymore
14-05-00411-CV Russell Ray Pryor v. State of Texas
Appeal from 215th District Court of Harris County

In re H.M.M  (Tex.App–Houston [14th Dist.] June 6, 2006)
[biological parent whose rights were terminated has no standing to assert interest in subsequent custody
determination]
AFFIRMED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Brock Yates and Guzman
14-05-00559-CV In the Interest of H.M.M, a Child
Appeal from 278th District Court of Walker County
(“Appellant Lashawn Mays, the biological mother of H.M.M., appeals the trial court’s failure to grant sole custody to
her father after it terminated her parental rights and ordered that H.M.M. remain in the custody of Child Protective
Services. Because appellant has no standing to challenge the trial court’s order, we affirm.”)

June 1, 2006

Kaminetzky v. Frost Nat. Bank (Tex.App.- Houston [14th Dist.] June 1, 2006) (substitute memorandum opinion, prior
opinion withdrawn)
[finality of judgment, notice of nonsuit, order of nonsuit, final judgment]
DISMISSED: Per Curiam
Before Justices Anderson, Edelman and Frost
14-04-00074-CV Dov Avni Kaminetzky a/k/a K. Avni, Individually and as Assignee of Howard Weiss and Investment
Performance Corporation f/k/a Investment Choices Corporation v. Frost National Bank of San Antonio
Appeal from 129th District Court of Harris County (Judge Samuel Grant Dorfman)

Graves v. Edwards  (Tex.App.- Houston [14th Dist.] June 1, 2006)
[prisoner pro se IFP suit dismissed, access to prison law library]
AFFIRMED: Opinion by Justice Guzman
Before Justices Fowler, Edelman and Guzman
14-04-01005-CV Rickie Lynn Graves v. Jackie Edwards and Frank Hoke
Appeal from 278th District Court of Walker County (Judge WILLIAM L. MCADAMS)

In re Dawn Johnson Whatley  (Tex.App.- Houston [14th Dist.] June 1, 2006)
[court of appeals conditionally grants writ of mandamus ordering probate judge Michael James Wood to vacate all
orders signed while the case was removed to federal court or while a motion to recuse was pending]
MOTION OR WRIT GRANTED: Opinion by Justice Seymore
Before Justices Hudson, Frost and Seymore
14-05-01222-CV In Re: Dawn Johnson Whatley
Appeal from Probate Court No 2 of Harris County (Michael James Wood)
(“Because the recusal motion filed on September 9, 2005, remains pending, the orders signed by Judge Wood on
September 29, 2005, October 13, 2005, and December 14, 2005, are void.  Additionally, the September 29, 2005,
order issued by Judge Wood is void because Judge Wood had no jurisdiction to enter it while the case was removed
to federal court.  We conditionally grant relator’s petition for writ of mandamus in part and order Judge Wood to
vacate the orders signed on September 29, 2005, October 13, 2005, and December 14, 2005.  We are confident
Judge Wood will comply with this opinion.  The writ will issue only in the unlikely event he fails to do so.”)   

In re Klockner (Tex.App.- Houston [14th Dist.] June 1, 2006)
[mandamus denied, order denying motion to quash request for jury trial]
MOTION OR WRIT DENIED: Per Curiam Justice Seymore would grant the petition and dissents without opinion.
Before Justices Hudson, Fowler and Seymore
14-06-00273-CV In Re: Balli Klockner Inc., Southern Texas Steel LLC, Klockner Steel Trade GMBH, Balli Steel PLC,
and Balli Finance and Development Corporation--Appeal from 344th District Court of Chambers County

Reeves v. Randall Long Corp.  (Tex.App.- Houston [14th Dist.] June 1, 2006)
(appeal from an order extending post-judgment deadlines pursuant to Tex. R. Civ. P. 306a.
no interlocutory review)
DISMISSED: Per Curiam
Before Justices Anderson, Edelman and Frost)
14-06-00365-CV David Reeves v. Randall Long Corporation
Appeal from 152nd District Court of Harris County [name of judge not shown, presumably Ken Wise]

In re John W. Small (Tex.App.- Houston [14th Dist.] June 1, 2006)
[contempt order, temporary support, mandamus denied]
MOTION OR WRIT DENIED: Per Curiam
Before Justices Hudson, Fowler and Seymore
14-06-00383-CV In Re: John W. Small
Appeal from County Court at Law No 1 of Galveston County
On May 1, 2006, relator John W. Small filed a petition for writ of mandamus in this Court, requesting we direct the
Honorable Mary Nell Crappito, presiding judge of County Court No. 1, Galveston County, to deny any motion for
enforcement of temporary support filed by real party Murriah McMaster, to reverse a contempt and commitment order
holding relator in contempt for failure to pay temporary support to McMaster, and to modify the temporary support
order.   See Tex. Gov’t Code Ann. '22.221 (Vernon 2004); see  also  Tex. R. App. P. 52.1.  
Because relator has failed to establish he is entitled to the requested mandamus relief, we deny relator’s petition for
writ of mandamus.
============================================================================================

MAY 2006 DECISIONS FORM THE FOURTEENTH COURT OF APPEALS

May the Legislature interfere with pending law suits by passing special law insulating corporate
Defendant from liability? Two justices say Legislature may take away cause of action in pending law suit without
violating constitutional prohibition on retroactive laws; denies that law was special law passed to protect "innocent"
corporate Defendant even though legislative history in the records mentions beneficiary corporation by name.
Robinson v. Crown Cork & Seal Company, Inc. (Tex.App.-Houston [14th Dist.] May 4, 2006). Justice Frost dissents

Rare Event: Panel reverses a criminal conviction - rebukes trial court judge for unconstitutional conduct
Gerbrile Dwayne Davis v. State of Texas (Tex.App. - Houston [14th Dist.] May 18, 2006)

Zoya Enterprises v. Sampri (Tex.App.– Houston [14th Dist.] May 23, 2006)
[sale of convenience store, fraud allegation, debt, untimely record]
AFFIRMED: Opinion by Justice Fowler
Before Justices Fowler, Edelman and Guzman
14-04-01158-CV Zoya Enterprises, Inc. and Ghulam Hassain Khatani and Kareem Hussain Khatani v. Sampri
Investments, L.L.C.
Appeal from 55th District Court of Harris County (Judge Jeff Brown)

Johnson v. Texas Genco (Tex.App.– Houston [14th Dist.] May 23, 2006)
[premises liability claim, no-evidence summary judgment (sj)]
REVERSED AND REMANDED: Opinion by Justice Anderson
Before Justices Anderson, Edelman and Frost
14-05-00473-CV John Johnson and Sherilyn Johnson and One Beacon Insurance Inc v. Texas Genco L.P, Incorrectly
Named as Reliant Energy Inc.
Appeal from 269th District Court of Harris County  (Judge John Thomas Wooldridge)

Sydlik v. Curves for Woman (Tex.App. - Houston [14th Dist.] May 18, 2006)
[exercise equipment injury, negligence, premises liability, and manufacturing and design defects, effectiveness of
release, release must mention claims and party released, parol evidence not to be considered]
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Fowler
Before Justices Fowler, Edelman and Guzman
14-04-01080-CV Rosemary Sydlik v. Reee III. d/b/a Curves for Woman International, Inc. and Ecological Svcs
International, Inc
Appeal from 151st District Court of Harris County (Judge Caroline Elizabeth Baker)(sj)

Reliance Capital v.  Hmaidan (Tex.App. - Houston [14th Dist.] May 18, 2006)
[note, BoC, res judicata, privity, attorney should not testify by sj affidavit, violates disciplinary rules, should be
disqualified, trial court erred in admitting attorney’s affidavit]
REVERSED AND REMANDED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Brock Yates and Anderson
14-05-00061-CV Reliance Capital, Inc. v. G.R, Hmaidan, Inc. and Isam Hmaidan
Appeal from 113th District Court of Harris County (Judge Patricia Ann Hancock)(sj)

Hilborn v. Pina (Tex.App. - Houston [14th Dist.] May 18, 2006)
[trial judge reversed order being appealed, interlocutory appeal]
DISMISSED: Per Curiam
Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-06-00370-CV Willa Jean Hilborn, Individually and as Representative of All Wrongful Death Beneficiaries and as
Representative of the Estate of Charles Allen Hillborn, Sr. v. Edward Manuel Pina, M.D., and Sarma Subrahmanya
Challa, M.D.
Appeal from 125th District Court of Harris County (Judge JOHN A. COSELLI)

Gerbrile Dwayne Davis v. State of Texas (Tex.App. - Houston [14th Dist.] May 18, 2006)
[handcuffing defendant at trial was error, conviction reversed]
REVERSED AND REMANDED: Opinion by Justice Brock Yates
Before Chief Justice Hedges, Justices Brock Yates and Guzman
14-05-00325-CR Davis, Gerbrile Dwayne v. The State of Texas
Appeal from 178th District Court of Harris County (Judge William T. Harmon)
CONCURRING: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-05-00325-CR Davis, Gerbrile Dwayne v. The State of Texas
Appeal from 178th District Court of Harris County
Owens v. Owens (Tex.App. - Houston [14th Dist.] May 16, 2006)
[severance improper]
REVERSED AND REMANDED: Opinion by Justice Frost
Before Justices Hudson, Frost and Seymore
14-04-00728-CV Gerald T. Owens v. Sally Farrier Owens
Appeal from 312th District Court of Harris County (James D. Squier)(sj)

Nabelek v. Bradford (Tex.App. - Houston [14th Dist.] May 16, 2006)
AFFIRMED: Opinion by Justice Fowler
Before Justices Fowler, Edelman and Guzman
14-05-00024-CV Ivo Nabelek v. C.O. Bradford, Robert Hurst, City of Houston
Appeal from 234th District Court of Harris County

In re: Stenson (Tex.App. - Houston [14th Dist.] May 11, 2006)
[Child support enforcement, habeas corpus relief granted, ambiguous order of contempt is void, court does not reach
issue of whether attorneys fees are enforceable by contempt, obligor ordered released from jail]
MOTION OR WRIT GRANTED: Opinion by Justice Anderson
Before Justices Anderson, Edelman and Frost
14-06-00094-CV In Re: Dwayne Thomas Stenson
Appeal from 257th District Court of Harris County (Judge Judy L. Warne)
See Boriack v. Boriack, 54 S.W.2d 237, 239 (Tex. App.-Corpus Christi 1976, writ dism’d) (stating affidavit of selection
was intended by the Legislature to be received and considered as evidence).

King v. BASF (Tex.App. - Houston [14th Dist.] May 11, 2006)
[timeliness of notice of appeal, appellate jurisdiction]
DISMISSED: Per Curiam
Before Chief Justice Hedges, Justices Brock Yates and Guzman
14-06-00241-CV Gerald King v. BASF Corporation
Appeal from 23rd District Court of Brazoria County

May 4, 2006

Robinson v. Crown Cork & Seal Company, Inc. (Tex.App.-Houston [14th Dist.] May 4, 2006)
[Asbestos claim, constitutional challenge as retroactive law denied]
AFFIRMED: Plurality Opinion by Justice Fowler
Before Chief Justice Hedges, Justices Fowler and Frost
14-04-00658-CV Barbara Robinson, Individually and as Representative of the Estate of John Robinson, Deceased v.
Crown Cork & Seal Company, Inc.
Appeal from 55th District Court of Harris County (Hon. Jeff Brown)
Robinson v. Crown Cork & Seal Company, Inc Dissent by Leslie Brock Frost
DISSENTING: Opinion by Justice Frost
Before Chief Justice Hedges, Justices Fowler and Frost
14-04-00658-CV Barbara Robinson, Individually and as Representative of the Estate of John Robinson, Deceased v.
Crown Cork & Seal Company, Inc.
Appeal from 55th District Court of Harris County (Judge Jeff Brown)
(“In deciding whether the legislation at issue violates the prohibition against retroactive laws in the Texas Bill of
Rights, the court concludes that if the Texas Legislature reasonably exercises its police power to enact a statute, then
that statute does not violate the Texas Constitution, even though the statute is retroactive and destroys the vested
rights of some individuals.  The people of the State of Texas, in emphatic and compelling language set forth in
section 29 of the Texas Bill of Rights, have expressly withheld from the Legislature the authority to enact retroactive
laws in violation of section 16 of the Texas Bill of Rights.  Because the Legislature has no police power to enact
retroactive laws in violation of section 16, this court should not use a police-power analysis to determine whether the
statute is unconstitutionally retroactive.  Furthermore, the weight of precedent from the Texas Supreme Court and
this court requires the use of the vested-rights analysis.  Under this analysis, the statute in question destroys the
vested rights of the appellant in this case and therefore violates section 16 of the Texas Bill of Rights, as applied.  
Because the court, using a police-power analysis, reaches the opposite conclusion, I respectfully dissent.

Burnett v. TDCJ  (Tex.App.–Houston [14th Dist.] May 4, 2006)
[prisoner IFP suit dismissed as frivolous]
AFFIRMED: Opinion by Justice Edelman
Before Justices Anderson, Edelman and Frost
14-04-01088-CV Joseph M. Burnett v. Texas Department of Criminal Justice, Douglas Dretke, Pamela Baggett,
Johnny Thomas, Marcus Munson, James Soileau, Akbar Shabazz, Keith Clendennon, Jimmy McLaughlin, F.N.U.
Lopez, and Kristy Jeter
Appeal from 12th District Court of Walker County

P&S Corporation v. Han Il Park (Tex.App.–Houston [14th Dist.] May 4, 2006)
AFFIRMED: Opinion by Chief Justice Hedges
[Enforceability of settlement agreement; P & S continued to pursue litigation despite the settlement agreement;
attorneys fees awarded as damages; dismissal language modified because judgment granted on the merits]
Before Chief Justice Hedges, Justices Brock Yates and Anderson
14-05-00115-CV P&S Corporation v. Han IL Park, Individually and D/B/A Dong A-Video and Han Il Park, Individually
and D/B/A Middle South America Video Association
Appeal from 61st District Court of Harris County (John John J. Donovan)
(“We review a trial court’s decision to award attorney’s fees de novo.  G.R.A.V.I.T.Y. Enter., Inc. v. Reece Supply Co.,
177 S.W.3d 537, 546 (Tex. App.-Dallas 2005, pet. denied)”)

In Re Talis Lee Rand Delany  (Tex.App.–Houston [14th Dist.] May 4, 2006)
[Child’s selection of managing conservator, selection statement is evidence]
MOTION OR WRIT DENIED: Per Curiam Opinion
Before Justices Hudson, Fowler and Seymore)
14-06-00188-CV In Re Talis Lee Rande Delaney  
Appeal from 257th District Court of Harris County

In re M. A. H  (Tex.App.–Houston [14th Dist.] May 4, 2006)
DISMISSED: Per Curiam Opinion
[Termination of parental rights, no final judgment of termination, no interlocutory jurisdiction]
Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-06-00190-CV In the Interest of M.A.H., a Child
Appeal from 310th District Court of Harris County

In Re Ghulam Bombaywala  (Tex.App.–Houston [14th Dist.] May 4, 2006)
MOTION OR WRIT DENIED: Per Curiam Opinion
[order authorizing sale of property, mandamus denied]
Before Justices Anderson, Edelman and Frost
14-06-00251-CV In Re: Ghulam Bombaywala and GBAK Prperties, Inc
Appeal from 270th District Court of Harris County (Judge Brent Gamble)

May 2, 2006

MOTION OR WRIT DENIED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-06-00326-CV In Re Dennis Gregory Dodson II--Appeal from 278th District Court of Walker County

=====================================================================================
April 2006 - Civil Causes Decided  For links to opinions, click --> 14thCoA Jan-April 2006

XCO v. Jamison (Tex.App.-Houston [14th Dist.] April 28, 2006)
AFFIRMED: Opinion by Justice Eva Guzman
Before Chief Justice Hedges, Justices Edelman and Guzman
14-03-01198-CV XCO Production Company v. Bruce L. Jamison and B.L. Jamison Family Limited Partnership
Appeal from 11th District Court of Harris County

Dardas v. Ogletree (Tex.App.-Houston [14th Dist.] April 27, 2006)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Frost
Before Judge Draughn, Justices Frost and Guzman
14-03-00538-CV Thomas A. Dardas, Individually and d/b/a Dardas & Associates and Bill Ogletree, P.C., a/k/a
Ogletree Law Firm v. Fleming, Hovenkamp & Grayson, P.C., Fleming Law Firm, PLLC, and Fleming & Associates, L.L.
P--Appeal from 61st District Court of Harris County
DISSENTING: Opinion by Judge Draughn
Before Judge Draughn, Justices Frost and Guzman
14-03-00538-CV Thomas A. Dardas, Individually and d/b/a Dardas & Associates and Bill Ogletree, P.C., a/k/a
Ogletree Law Firm v. Fleming, Hovenkamp & Grayson, P.C., Fleming Law Firm, PLLC, and Fleming & Associates, L.L.
P--Appeal from 61st District Court of Harris County

Vichery v. Behar (Tex.App.-Houston [14th Dist.] April 27, 2006)
AFFIRMED: Opinion by Justice Frost
Before Justices Hudson, Frost and Seymore
14-04-00788-CV Gene Vickery and Mary Vickery v. Robert A. Behar, M.D.
Appeal from 215th District Court of Harris County

In re C.M. (Tex.App.-Houston [14th Dist.] April 27, 2006)
DISMISSED: Per Curiam
Before Justices Hudson, Fowler and Seymore
14-05-00057-CV In the Matter of C. M.
Appeal from 314th District Court of Harris County

Kemp v. Havens (Tex.App.-Houston [14th Dist.] April 27, 2006)
AFFIRMED: Opinion by Justice Fowler
Before Justices Hudson, Fowler and Seymore
14-05-00060-CV Diana J. Kemp v. Rebecca D. Havens
Appeal from Co Civil Ct at Law No 4 of Harris County

Seminole Transportation v. Cedyco Corp. (Tex.App.-Houston [14th Dist.] April 27, 2006)
REVERSED AND REMANDED: Opinion by Justice Brock Yates
Before Chief Justice Hedges, Justices Brock Yates and Guzman
14-05-00159-CV Seminole Transportation and Gathering LP v. Cedyco Corporation
Appeal from 190th District Court of Harris County

Ontivroas v. Lozano (Tex.App.-Houston [14th Dist.] April 27, 2006)
AFFIRMED: Opinion by Justice Hudson
Before Justices Hudson, Fowler and Seymore
14-05-00294-CV Mario Ontiveroas v. John Lozano and Samuel Medrano
Appeal from 189th District Court of Harris County

Inc. Co. of the State of Pennsylvania v. Flores (Tex.App.-Houston [14th Dist.] April 27, 2006)
AFFIRMED: Opinion by Justice Brock Yates
Before Chief Justice Hedges, Justices Brock Yates and Anderson
14-05-00346-CV Insurance Company of the State of Pennsylvania v. Isaac Flores
Appeal from 129th District Court of Harris County

In re N.G., P.L.G. and S.G.  (Tex.App.-Houston [14th Dist.] April 27, 2006)
AFFIRMED: Per Curiam
Before Justices Hudson, Fowler and Seymore
14-05-00705-CV In the Interest of N.G., P.L.G. and S.G.
Appeal from 314th District Court of Harris County

Heins v. Mortgage Electronics Reg. Sys’s, Inc.  (Tex.App.-Houston [14th Dist.] April 27, 2006)
DISMISSED: Per Curiam
Before Justices Hudson, Fowler and Seymore
14-05-01176-CV Tamara Ann Heins v. Mortgage Electronics Registration Systems, Inc.
Appeal from Probate Court No 3 of Harris County

McKay v. McKay  (Tex.App.-Houston [14th Dist.] April 27, 2006)
DISMISSED: Per Curiam
Before Justices Anderson, Edelman and Frost
14-05-01196-CV Christopher Donald McKay v. Desiree Elizabeth McKay
Appeal from 257th District Court of Harris County

Vestal v. American Lloyds Ins. Co. (Tex.App.-Houston [14th Dist.] April 27, 2006)
DISMISSED: Per Curiam
Before Justices Anderson, Edelman and Frost
14-06-00017-CV Joe and Susan Vestal v. American National Lloyds Insurance Company
Appeal from 149th District Court of Brazoria County

In re State Farm Mutual Auto. Ins. Co. (Tex.App.-Houston [14th Dist.] April 27, 2006)
MOTION OR WRIT GRANTED: Per Curiam
Before Chief Justice Hedges, Justices Brock Yates and Guzman
14-06-00161-CV In Re: State Farm Mutual Automobile Insurance Company, Bryan Kenney, Ray Medley and Oscar
Garcia--Appeal from 56th District Court of Galveston County

In re Williams (Tex.App.-Houston [14th Dist.] April 27, 2006)
MOTION OR WRIT DENIED: Per Curiam
Before Justices Anderson, Edelman and Frost
14-06-00186-CV In Re Margaret Williams and Margott Williams. Next Friend of Matthew Williams
Appeal from 152nd District Court of Harris County

In re Aramark (Tex.App.-Houston [14th Dist.] April 27, 2006)
MOTION OR WRIT DENIED: Per Curiam
Before Chief Justice Hedges, Justices Brock Yates and Guzman
14-06-00280-CV In Re Aramark US Offshore Services Inc., Aramark Corporation, Rowan Drilling Company Inc.,
Rowan Companies Inc., and Abdon Callais Offshore L.L.C.
Appeal from 11th District Court of Harris County

In re Smith (Tex.App.-Houston [14th Dist.] April 27, 2006)
MOTION OR WRIT DENIED: Per Curiam
Before Justices Anderson, Edelman and Frost
14-06-00300-CV In Re: Clifford A. Smith
Appeal from 122nd District Court of Galveston County

Tran v. Equivest Properties (Tex.App.-Houston [14th Dist.] April 20, 2006)
[real estate earnest money liquidated damages, “as is” provision, fraud, negligent misrepresentation, and breach of
contract, BoC, default judgment, restricted appeal, pleading sufficiency, absence of special exceptions, dual recovery]
AFFIRMED AS MODIFIED [as to amount of damage award]: Opinion by Justice Seymore
Before Justices Hudson, Frost and Seymore
14-04-01037-CV Hang Anthony Tran and Lich Thuy Hoang v. Equivest Properties Inc., Trustee
Appeal from Co Civil Ct at Law No 3 of Harris County

De Mino v. Sheridan  (Tex.App.-Houston [14th Dist.] April 20, 2006)
AFFIRMED: Opinion by Justice Charles Seymore
[judicial communications privilege protects even perjured testimony; Provost entitled to res judicata defense where
federal court granted summary judgment for the Dean notwithstanding federal court's denial of attempted joinder of
Provost as additional defendant in the federal action.]
AFFIRMED: Opinion by Justice Seymore
Before Justices Hudson, Fowler and Seymore
14-05-00210-CV Wolfgang Hirczy De Mino v. Edward P. Sheridan, Jerald W. Strickland, In His Official Capacity as
Successor to Edward P. Sheridan in the Office of Provost at the University of Houston
Appeal from 281st District Court of Harris County

Scott v. Adams  (Tex.App.-Houston  [14th Dist.] April 20, 2006)
[dismissal of pro se prisoner suit affirmed]
AFFIRMED: Opinion by Justice Hudson
Before Justices Hudson, Fowler and Seymore
14-05-00408-CV Michael Scott v. John Adams, Linberg Arnold Jr., and John Defour,III
Appeal from 240th District Court of Fort Bend County

Johnson v. Linkin (Tex.App.-Houston  [14th Dist.] April 20, 2006)
[dismissal of pro se suit by vexatious litigant affirmed]
AFFIRMED: Per Curiam Opinion
Before Justices Hudson, Fowler and Seymore
14-05-00567-CV Arthur Johnson v. Robert E. Linkin
Appeal from 61st District Court of Harris County

Hernandez v. Harsco Corp (Tex.App.-Houston  [14th Dist.] April 18, 2006)
[workplace safety, death by fall, negligence, duty, proximate cause, summary judgment for employer affirmed]
AFFIRMED: Opinion by Justice Anderson
Before Chief Justice Hedges, Justices Brock Yates and Anderson
14-05-00481-CV Rosa Maria Hernandez Lopez, Individually; as Representative of the Estate of Victor Escobar,
Deceased; and a/n/f of Victor Ramon Escobar, Rosina Escobar Hernandez and Manuel Escobar Hernandez, Minors
v. Harsco Corporation
Appeal from 269th District Court of Harris County

Morse Wholesale Paper Co. v. Talley (Tex.App.-Houston  [14th Dist.] April 18, 2006)
AFFIRMED: Opinion by Judge Murphy
[at will employment and noncompete agreement, not valid and enforceable, no contemporaneous consideration in
exchange, denial of temporary injunction affirmed]
Before Judge Murphy, Justices Brock Yates and Guzman
14-05-01180-CV Morse Wholesale Paper Company v. Bill Talley
Appeal from 234th District Court of Harris County

Forde v. Martinez (Tex.App.-Houston April 13, 2006)
[denial of retroactive child support affirmed, Family Code factors to be considered by trial court in determining how
much should be ordered, if any]
AFFIRMED: Opinion by Justice Richard Edelman
Before Judge Murphy, Justices Edelman and Guzman
(Senior Chief Justice Paul C. Murphy sitting by assignment)
14-04-00714-CV Jessica Forde v. Edwin Geovani Martinez
Appeal from 300th District Court of Brazoria County, Judge K. Randall Hufstetler

Gant v. Gant (Tex.App.-Houston April 13, 2006)
[DWOJ, untimely notice of appeal, no appellate jurisdiction, raised sua sponte, judgment in prior appeal, and trial
court judgment vacated, bankruptcy stay]
DISMISSED: Opinion by Justice Edelman
Before Chief Justice Hedges, Justices Edelman and Seymore
14-03-00969-CV Jerry Gantt and Lisa Foster Gantt v. Carol B. Gantt
Appeal from the 309th Family District Court of Harris County, Judge Frank Barlow Rynd

Lennar Corp v. Great American Ins. Co (Tex.App.-Houston, April 11, 2006 Dissent by Edelman)
[insurance coverage, construction of policy, event, occurrence, accident]
CONCURRING/DISSENTING: Opinion by Justice Richard Edelman
Before Justices Fowler, Edelman and Seymore
14-02-00860-CV Lennar Corporation, et al v. Great American Insurance Company, et al
Appeal from 270th District Court of Harris County

Parker v. 20801 Inc dba Slick Willie (Tex.App.-Houston, April 11, 2006)
[Dram Shop act, safe harbor defense, liability)
AFFIRMED IN PART; REVERSED & REMANDED IN PART:
Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Brock Yates and Anderson
14-05-00250-CV John L. Parker v. 20801 Inc.
Appeal from 270th District Court of Harris County

Sanchez de Arrellano v. State Farm (Tex.App.-Houston, April 11, 2006)
[insurance coverage, exclusion, duty to defend, death, work site, nonsubscriber, workers comp]
AFFIRMED: Opinion by Justice Anderson
Before Chief Justice Hedges, Justices Brock Yates and Anderson
14-05-00466-CV Rosa Velia Sanchez De Arrellano, Individually and a/n/f of Griselda Arrellano, Jamie Arrellano and
Cesar Arrellano, Minors; Josefina Del Gadillo, as Representative of the Estate of Jamie Arrellano, Deceased; Ines
Martinez De Arrellano v. State Farm Fire and Casualty Company
Appeal from 295th District Court of Harris County

In Re Susan Norman (Tex.App-Houston, April 11, 2006)
MOTION OR WRIT GRANTED: Opinion by Justice Frost
Before Justices Hudson, Frost and Seymore
14-06-00023-CV In Re Susan C. Norman
Appeal from Probate Court No 2 of Harris County

Jaxson v. Morgan (Tex.App.–Houston, April 6, 2006)
AFFIRMED: Opinion by Justice Harvey Hudson
[Pro se prisoner suit dismissed, suit for mandamus relief, failure to satisfy prerequisites for prisoner suit, failure to
exhaust administrative remedies, in propria persona, IPP, in forma pauperis, IFP]
Before Justices Hudson, Frost and Seymore
14-04-00785-CV Richard Jaxson # 468160 v. J.T. Morgan, Et Al
Appeal from 12th District Court of Walker County (Judge William L. McAdams)

Nabelek v. Bradford (Tex.App.–Houston 2006)
[Bill of review, elements, requisites, BoR properly denied because of prior appeal, bill of review not a means to bring
second appeal]
AFFIRMED: Opinion by Justice Eva Guzman
Before Chief Justice Hedges, Justices Brock Yates and Guzman
14-04-01177-CV Ivo Nabelek v. C.O. Bradford, et al
Appeal from 129th District Court of Harris County

Dahl v. Commonwealth Land Title (Tex.App.–Houston 2006)
DISMISSED: Per Curiam Opinion
[Untimely notice of appeal, dismissed for want of appellate jurisdiction, DWOJ]
Before Chief Justice Hedges, Justices Brock Yates and Anderson
14-04-01216-CV Ted E. Dahl, Trustee v. Commonwealth Land Title
Appeal from 280th District Court of Harris County

Wells v. Wells (Tex.App--Houston 2006)
[Family business break-up, legal excuse for not performing contract, novation and accord, mediation agreement,
preservation of error for appellate review, jury charge error]
AFFIRMED: Opinion by Justice Richard Edelman
Before Justices Edelman, Seymore and Guzman
14-04-00549-CV Robert A. Wells, Sr. and The Wells Group, Inc. v. Barry H. Wells; B.H. Wells Furniture for Business,
Inc.; Bradford T. Wells; and B.T.W. Enterprises, Inc.
Appeal from 152nd District Court of Harris Count (Judge Ken Wise)

==================================================================
Opinions Released by the Fourteenth Court of Appeals in March 2006
===========================================================

Lennar Corp. v. Great American Ins. Co. (Tex.App.-Houston [14th Dist] March 30, 2006)(sep. op. 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

Home Loan Corp. v. Texas American (Tex.App.-Houston [14th Dist.] March 30, 2006)
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

In re J.M.D. (Tex.App.-Houston [14th Dist.] March 30, 2006)
[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)
[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

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

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)

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 Co Civil Ct at Law No 4 of Harris County

City of Houston v. Harris II Majority Opinion (Tex.App-Houston [14th Dist] March 16, 2006()Guzman)
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)
[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

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For earlier opinions (released Jan-Mar 2006) click 2006 Fourteenth Court of Appeals Opinions

Also see:  Family law cases   Employment law cases   Pregnancy Discrimination   Interlocutory Appeals   

Sovereign immunity doctrine   Sovereign immunity cases  Galveston sovereign immunity case

Higher Education Cases - Houston   Higher Education Cases - Texas   Higher Education Cases - Fifth Circuit
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 the building that houses
the South Texas College of Law.
These courts hears both civil and
criminal appeals 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.
TEXAS (02-102) 539 U.S. 558 (2003), 41 S. W. 3d
349, reversed and remanded
Dissents in the 14th Court of Appeals
Recent opinions from the --> First Court of Appeals
Recent opinions from the --> Texas Supreme Court
Also see Family Law Cases
Labor Law Cases -Texas Courts of Appeals
Fifth Circuit Cases of Interest to Teachers
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