December 2006 Opinions From the First Court of Appeals (Houston, Texas)

DC

Update: Texas Supreme Court Denies Further Appeal by CPS, holding the court of appeals properly
reversed on all issues, including conservatorship assignment; - parental presumption applies
In the Interest of DNC (Tex. 2008)(child protection, DFPS suit, termination of parental rights, natural parent
presumption, award to conservatorship to Department of Family and Protective Services properly reversed along
with termination of parental rights in the absence of independent basis for rebutting parental presumption)
07-0621 IN THE INTEREST OF D.N.C., A CHILD; from Harris County; 1st district (01-04-01232-CV,
227 S.W.3d 799, 12/21/06)
Colbert v. CPS (Tex.App.- Houston [1st Dist.] Dec. 21, 2006, pet. granted)(Nuchia)
[termination of parental rights, several children]
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Nuchia
Before Justices Nuchia, Jennings and Higley
01-04-01232-CV Ericka Shannette Colbert v. Department of Family and Protective Services
Appeal from 314th District Court of Harris County
Concurring and Dissenting Opinion by Justice Jennings

December 1, 2006

In re MHI Partnership (Tex.App. - Houston [1st. Dist.] Dec. 1, 2006)(per curiam)
[motion to compel arbitration]
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Justices Taft, Keyes and Hanks
01-06-00121-CV        In re MHI Partnership, Ltd.-
Appeal from 280th District Court of Harris County (Judge Tony Lindsay]

December 7, 2006

N. N. v. Inst. for Rehab and Research II (Tex.App.- Houston [1st Dist.] Dec. 7, 2006)(Alcala)(substitute opinion on
rehearing) [negligence, sexual assault at facility, future mental anguish damages, constitutionality]
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Alcala
Before Justices Nuchia, Jennings and Alcala
01-02-01101-CV        N.N., Individually & a/n/f/ of A.B. v. The Institute for Rehabilitation and Research
Appeal from 334th District Court of Harris County Hon. J. Dale Wainwright
(“We reverse the JNOV and reinstate the jury's verdict for future mental anguish damages in the amount of
$625,000. We further remand this cause to the court below for the limited purpose of rendering judgment awarding
appellant future mental anguish damages in the amount of $625,000, plus post-judgment interest as allowed by
law.”)
Dissenting Opinion by Justice Nuchia
(“Many of the facts stated by the majority are evidence of past mental anguish, for which A.B. has been
compensated. There is no evidence, however, to support a finding of or award for future mental anguish.
Accordingly, I would affirm the judgment of the trial court.”)

Richardson v. Mercer Inc. (Tex.App.- Houston [1st Dist.] Dec. 7, 2006)(Radack)
[bizlaw, tortious interference, DTPA, insurance code violations, HISD contract, benefits, ISD cases]
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Alcala and Bland
01-04-01000-CV        Richardson-Eagle, Inc. v. William M. Mercer Incorporated, William M. Mercer of Texas, Inc.,
and Rupa Mathur--Appeal from 129th District Court of Harris County

Lousy Briefing Dooms Appeal
Trammell v. Frost National Bank (Tex.App.- Houston [1st Dist.] Dec. 7, 2006)(Hanks)
[appellate law, inadequate briefing, appeal fails]
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
Before Justices Jennings, Hanks and Higley
01-05-00216-CV        Tom J. Trammell v. Frost National Bank
Appeal from 295th District Court of Harris County (Hon. Tracy Christopher)

Eubanks v. Pappas Restaurants (Tex.App.- Houston [1st Dist.] Dec. 7, 2006)(Nuchia)(substitute opinion on
rehearing)[premises liability, slip and fall, parking lot]
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
Before Justices Nuchia, Jennings and Keyes
01-05-00833-CV        Leonard Eubanks v. Pappas Restaurants, Inc., and Pappas Partners, L.P.
Appeal from 151st District Court of Harris County

Houtex Ready Mix Concrete v. Eagle Construction (Tex.App.- Houston [1st Dist.] Dec. 7, 2006)(Bland)
[DTPA, frivolous suit, attorney's fees, sanctions, bad faith]
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER
PROCEEDINGS: Opinion by Justice Bland
Before Chief Justice Radack, Justices Alcala and Bland
01-05-00963-CV        HouTex Ready Mix Concrete & Materials v. Eagle Construction and Environmental Services,
LP--Appeal from Co Civil Ct at Law No 4 of Harris County

In re Central Bank (Tex.App.- Houston [1st Dist.] Dec. 7, 2006)(Alcala)
DISMISS PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Alcala
Before Chief Justice Radack, Justices Alcala and Bland
01-05-00811-CV        In re Central Bank of Houston
Appeal from Probate Court No 1 of Harris County

Central Bank v. Neglett (Tex.App.- Houston [1st Dist.] Dec. 7, 2006)(Alcala)
[turnover order, guardianship, conversion, theft, DWOJ]
DISMISS APPEAL: Opinion by Justice Alcala
Before Chief Justice Radack, Justices Alcala and Bland
01-05-01075-CV        Central Bank of Houston (Correctly named Central Bank) v. Robert Neblett, Successor
Guardian of K.C.N., Minor, Universal Surety of America
Appeal from Probate Court No 1 of Harris County (Hon. Russell Austin)

City of Houston v. Southern Electrical (Tex.App.- Houston [1st Dist.] Dec. 7, 2006)(Nuchia)
[governmental entity law, sovereign immunity waiver, sue and be sued, plea to the jurisdiction,
Tooke v. City of Mexia, standing]
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Nuchia
Before Chief Justice Radack, Justices Taft and Nuchia
01-06-00015-CV        City of Houston v. Southern Electrical Services, Inc., As Assignee of The Morganti Group, Inc.--
Appeal from 157th District Court of Harris County
In the its second issue, the City contends that its immunity from suit is not waived by the "plead and be impleaded"
language in section 51.075 of the Local Government Code, or by the "sue and be sued" language in article II,
section 1 of the Houston City Charter. See Tex. Loc. Gov't Code § 51.075; Houston,Tex., Charter art. II, § 1. After we
issued our original opinion in this case overruling the City's second issue, the supreme court held, in Tooke v. City
of Mexia, that the phrases "sue and be sued" and "plead and be impleaded," by themselves, do not waive
governmental immunity. 197 S.W.3d 325, 342-43 (Tex. 2006) (overruling Missouri Pac. R.R. v. Brownsville
Navigation Dist., 453 S.W.2d 812 (Tex. 1970). Therefore, such language in section 51.075 of the Local Government
Code and the Houston City Charter cannot be the basis for ruling that the City's governmental immunity has been
waived.
However, in Tooke, the supreme court noted that the Legislature had recently enacted sections 271.151-.106 of the
Local Government Code, waiving immunity from suit for contract claims against most local governmental entities and
applying to contracts executed before the effective date of the act, unless immunity had been waived before the act
became effective. Tooke, 197 S.W.3d at 344-45. Although appellees urge this Court to decide this appeal based on
sections 271.151-.160, we conclude that the issue of the application of this statute should be fully developed in the
trial court. See City of Houston v. Clear Channel Outdoor, Inc., 197 S.W.3d 386 (Tex. 2006).

In Re Heany (Tex.App.- Houston [1st Dist.] Dec. 7, 2006)(per curiam)
[mandamus to set aside disqualification order denied]
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Chief Justice Radack, Justices Alcala and Bland
01-06-01090-CV        In re Shawn Heany
Appeal from 247th District Court of Harris County (Judge Bonnie Crane Hellums)

Criminal Causes Decided:

Craig Alexander Edwards v. Texas (Tex.App.- Houston [1st Dist.] Dec. 7, 2006)(Nuchia)(criminal case with
concurrence by Jennings)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
Before Justices Nuchia, Jennings and Higley
01-05-00855-CR        Craig Alexander Edwards v. The State of Texas
Appeal from 230th District Court of Harris County
Concurring Opinion by Justice Jennings

December 13, 2006

In re McMichael (Tex.App.- Houston [1st Dist.] Dec. 13, 2006)(per curiam)
[writ of mandamus denied, writ of prohibition denied]
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Justices Jennings, Keyes and Bland
01-06-01119-CV        In re Henry Cleburne McMichael IV
Appeal from 311th District Court of Harris County (Hon. Doug Warne)

Opinions Handed Down December 28, 2006

Civil Causes Decided:

Kelly v. TWC (Tex.App.- Houston [1st Dist.] Dec. 28, 2006)(Radack)
[jurisdiction, employment law, suit for judicial review of benefits denial must be timely filed and must name employer]
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Alcala and Bland
01-05-01109-CV        Lucille R. Kelley v. Texas Workforce Commission, Diane D. Rath, Chair Commissioner, Ron
Lehman,
01-05-01110-CV        Lucille R. Kelley v. Texas Workforce Commission, Diane D. Rath, Chair Commissioner, Ron
Lehman, Commissioner, Ronald G. Congleton, Humble ISD, Dr Mary Widmire and Alicia Boston-Mace
Appeal from 80th District Court of Harris County (Judge Kent Sullivan)

In Re The State of Texas (Tex.App.- Houston [1st Dist.] Dec. 28, 2006)(Radack)
[motion for new trial by nonparty, effect on plenary jurisdiction, failure to intervene, void order]
GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justice Bland, The Honorable Brown)
01-06-00905-CV        In re The State of Texas and $15,975.85 in U.S. Currency
Appeal from 23rd District Court of Brazoria County

Opinions Released December 21, 2006

Banda v. City of Galveston (Tex.App.- Houston [1st Dist.] Dec. 21, 2006)(per curiam)
[joint motion to dismiss granted]
DISMISS APPEAL: Per Curiam
Before Justices Taft, Keyes and Hanks
01-04-00083-CV Donna Banda, et al. v. City of Galveston
Appeal from 10th District Court of Galveston County

Gainous v. Gainous (Tex.App.- Houston [1st Dist.] Dec. 21, 2006)(Taft)(opinion on rehearing)
Gainous v. Gainous, 219 S.W.3d 97, 103 (Tex.App.- Houston [1st Dist.] 2006, pet. filed)
[family law, divorce, benefits, COLA, collateral attack]
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Taft
Before Justices Taft, Keyes and Hanks
01-04-00427-CV Brenda Joyce Gainous v. Thomas Earl Gainous
Appeal from 246th District Court of Harris County
Concurring Opinion by Justice Keyes
Concurring Opinion by Justice Hanks
I join the judgment only, and I write separately and respectfully to express my disagreement with the Texas Supreme
Court's opinion in Reiss v. Reiss, 118 S.W.3d 439 (Tex. 2003), and to urge the supreme court to revisit that
authority.

Subsequent decison: Texas Supreme Court Denies Appeal by CPS
In the Interest of DNC (Tex. 2008)(child protection, DFPS suit, termination of parental rights, natural parent
presumption, award to conservatorship to child protection agency properly reversed along with termination
of parental rights in the absence of independent basis for rebutting parental presumption)
07-0621 IN THE INTEREST OF D.N.C., A CHILD; from Harris County; 1st district (01-04-01232-CV,
227 S.W.3d 799, 12/21/06)
Colbert v. CPS (Tex.App.- Houston [1st Dist.] Dec. 21, 2006, pet. granted)(Nuchia)
[termination of parental rights, several children]
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Nuchia
Before Justices Nuchia, Jennings and Higley
01-04-01232-CV Ericka Shannette Colbert v. Department of Family and Protective Services
Appeal from 314th District Court of Harris County
Concurring and Dissenting Opinion by Justice Jennings

In re C .N . (Tex.App.- Houston [1st Dist.] Dec. 21, 2006)(Alcala)
[juvenile law, sexual abuse by siblings, exclusion of evidence, outcry testimony]
AFFIRM TC JUDGMENT: Opinion by Justice Alcala
Before Chief Justice Radack, Justices Alcala and Bland
01-05-00309-CV In the Matter of C.N., a Minor Child
Appeal from 314th District Court of Harris County

Villarreal v. CGI Financial Inc. (Tex.App.- Houston [1st Dist.] Dec. 21, 2006)(Bland)
[tax suit, governmental entities, takings claim, inverse condemnation, exclusive jurisdiction, county civil courts at law]
AFFIRM TC JUDGMENT: Opinion by Justice Bland
Before Chief Justice Radack, Justices Alcala and Bland
01-05-00993-CV Lupe Villarreal v. CGI Financial, Inc., Harris County, Texas, H.I.S.D., City of Houston, Paul
Bettencourt, Tax-Assessor Collector for Harris County, Texas, and Linebarger Goggan Blair & Sampson, LLP
Appeal from 281st District Court of Harris County (Hon. David J. Bernal)

Rappa v. CPS (Tex.App.- Houston [1st Dist.] Dec. 21, 2006)(Nuchia)
[family law, termination of parental rights]
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Nuchia
Before Justices Nuchia, Jennings and Higley
01-06-00253-CV Rick Walker and Jessica Rappa v. Department of Family and Protective Services
Appeal from 344th District Court of Chambers County
Concurring and Dissenting Opinion by Justice Jennings

Morrill v. Cisek (Tex.App.- Houston [1st Dist.] Dec. 21, 2006)(Bland)
[family law, defamation per se claim against former spouse, permanent injunction to prohibit contact with employer]
AFFIRM TC JUDGMENT: Opinion by Justice Bland
Before Chief Justice Radack, Justices Alcala and Bland
01-06-00268-CV Ann C. Morrill v. Lawrence J. Cisek, Jr.
Appeal from 400th District Court of Ft. Bend County

RPSI v. Fi r st District Dental Society (Tex.App.- Houston [1st Dist.] Dec. 21, 2006)(per curiam)
[unopposed motion to dismiss granted]
DISMISS APPEAL: Per Curiam
Before Justices Taft, Keyes and Hanks
01-06-00291-CV RPSI, Inc., successor in interest to Retriever Sales, Inc. v. First District Dental Society of the State
of New York d/b/a New York County Dental Society, New York County Dental Marketplace, Inc. f/k/a First Madison
Corp., and American Credit Card Processing Corporation
Appeal from 80th District Court of Harris County

Comptroller v. Waites (Tex.App.- Houston [1st Dist.] Dec. 21, 2006)(Nuchia)
[government entity law, sovereign immunity, ILA, UDJA, declaratory judgment claim re: indemnification of public
servant, effort to collect federal court judgment in Section 1983 suit based on sexual misconduct of police officer]
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
Before Judge Davie L. Wilson, Justices Nuchia and Higley
01-06-00536-CV The Comptroller of Public Accounts of Texas, The Attorney General of Texas, and Prairie View
A&M University v. Adrienne Waites
Appeal from 155th District Court of Waller County (Hon. Dan R. Beck)

Garza v. J & M Sales (Tex.App.- Houston [1st Dist.] Dec. 21, 2006)(per curiam)
[unopposed motion to dismiss granted]
DISMISS APPEAL: Per Curiam
Before Justices Taft, Keyes and Hanks
01-06-00721-CV Tracy Garza v. J & M Sales of Texas, LLC, d/b/a Fallas Paredes
Appeal from 164th District Court of Harris County

James v. HISD (Tex.App.- Houston [1st Dist.] Dec. 21, 2006)(per curiam)
[involuntary dismissal - nonpayment of fees]
DISMISS APPEAL: Per Curiam
Before Justices Taft, Keyes and Hanks
01-06-00825-CV Betty J. James v. Houston Independent School District, et al
Appeal from 190th District Court of Harris County

Opinions Released December 14, 2006

Jordan v. Sava, Inc. (Tex.App.- Houston [1st Dist.] Dec. 14, 2006)(Alcala)
[PI-auto, negligence, negligence per se, failure to control speed, safe distance, jury instruction error, sudden
emergency instruction]
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Alcala
Before Chief Justice Radack, Justices Keyes and Alcala
01-03-00554-CV        Maethenia Jordan v. Sava, Inc. & John D. Moore
Appeal from 152nd District Court of Harris County
Dissenting Opinion by Justice Keyes

Volume Millwork , Inc. v. West Houston Airport Corp. (Tex.App.- Houston [1st Dist.] Dec. 14, 2006, pet. denied
3/30/07)(Alcala)(substitute opinion)
[lease law, commercial lease, eviction, forcible detainer, jurisdiction issues, justice court, county court, appeal,
DWOJ, disputed attorney’s fees]
AFFIRM TC JUDGMENT: Opinion by Justice Alcala
Before Chief Justice Radack, Justices Alcala and Bland
01-03-01214-CV        Volume Millwork, Inc v. West Houston Airport Corporation
Appeal from Co Civil Ct at Law No 1 of Harris County (Judge Jack Cagle)

Lewis v. Nolan II (Tex.App.- Houston [1st Dist.] Dec. 14, 2006)(Taft)(supplemental opinion)
Note: Check second supplemental opinion issued March 29, 2007 re: supplementation of record
[attorney malpractice, expert opinion required, MSJ, no-evidence, traditional, appellate record]
AFFIRM TC JUDGMENT: Opinion by Justice Taft
Before Justices Taft, Higley and Bland
01-04-00865-CV        George Neil Lewis v. Jack D. Nolan
Appeal from 270th District Court of Harris County (Hon. Brent Gamble)

Cytogenix v. Waldroff (Tex.App.- Houston [1st Dist.] Dec. 14, 2006, pet. denied 6/15/07)(Bland)
[bizlaw, breach of contract, licensing agreement, BoC defenses, specific performance, attorney’s fees, prevailing
defendant not entitled to statutory attorneys fees in breach of contract case]
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Bland
Before Chief Justice Radack, Justices Alcala and Bland
01-05-00492-CV        Cytogenix, Inc. v. William B. Waldroff and Applied Veterinary Genomics, Inc.
Appeal from 11th District Court of Harris County
We conclude that the trial court erred in entering a permanent injunction that requires future specific performance of
the licensing agreements and in awarding attorney’s fees to Waldroff and AVGI. We further conclude that
CytoGenix is not entitled to its attorney’s fees upon reversal of the judgment against it. We therefore reverse the
judgment of the trial court and render judgment that the parties take nothing on their claims.

Burditt v. Whataburger (Tex.App.- Houston [1st Dist.] Dec. 14, 2006)(Keyes)
[tort law, false imprisonment, shopkeeper’s privilege, DTPA, negligence, NE-MSJ]
AFFIRM TC JUDGMENT: Opinion by Justice Keyes
Before Justices Taft, Jennings and Hanks
01-05-00531-CV        Steve Burditt v. Whataburger, Inc.
Appeal from Co unty Civil C our t at Law No 4 of Harris County

Johnson v. Methodist Hosp ital (Tex.App.- Houston [1st Dist.] Dec. 14, 2006)(Hanks)
[medical malpractice, false HIV diagnosis and treatment, negligence, no physical damages, no recovery for mental
anguish, JNOV affirmed]
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
Before Justices Taft, Keyes and Hanks
01-05-01068-CV        Nadine Johnson v. The Methodist Hospital
Appeal from 280th District Court of Harris County

Pool v. DFPS [CPS ] (Tex.App.- Houston [1st Dist.] Dec. 14, 2006)(Jennings)
[family law, termination of parental rights, ineffective counsel, constitutional infirmity noted in
dicta]
AFFIRM TC JUDGMENT: Opinion by Justice Jennings
Before Justices Nuchia, Jennings and Higley
01-05-01093-CV        Jonathon E. Pool v. Department of Family and Protective Services
Appeal from 313th District Court of Harris County
In making our holding above, we join the Fort Worth Court of Appeals and Justice Vance of the Waco Court of
appeals "in questioning the practical applications and constitutional validity of this statute," but we also agree that we
simply "are barred by the legislature" from considering Pool's issues.

In Re DFPS (CPS ) (Tex.App.- Houston [1st Dist.] Dec. 14, 2006)(Keyes)
DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Keyes
Before Justices Nuchia, Keyes and Hanks
01-06-00052-CV        In re Department of Family and Protective Services
Appeal from 300th District Court of Brazoria County

CPS TDFPS v. Alternatives in Motion (Tex.App.- Houston [1st Dist.] Dec. 14, 2006, pet. denied 3/30/07)(Keyes)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Keyes
Before Justices Nuchia, Keyes and Hanks
01-06-00092-CV        Department of Family and Protective Services v. Alternatives in Motion
Appeal from 300th District Court of Brazoria County

CMNC Healthcare Properties v. Medistar Corp. (Tex.App.- Houston [1st Dist.] Dec. 14, 2006)(Jennings)
[temporary injunction, modification, interlocutory appeal, ILA, claims of conversion, theft of trade secrets and
proprietary and confidential information, tortious interference, fraud, and breach of fiduciary duties]
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Jennings
Before Justices Nuchia, Jennings and Higley)
01-06-00182-CV        CMNC Healthcare Properties LLC, Meridian Healthcare Properties, LLC, Healthcare
Development, Ltd., James Muska, Edward Neese and James T. Collier v. Medistar Corporation
Appeal from 113th District Court of Harris County (Hon. Patricia Hancock)

Cases to be heard on oral argument or upon submission in December 2006

SET FOR SUBMISSION ON BRIEFS ON 12/5/2006

(Before Chief Justice Radack, Justices Alcala and Bland)

01-05-00210-CV Christus Health/St. Joseph Hospital v. Angela Price Fort Bend

01-05-00309-CV In the Matter of C.N., a Minor Child Harris

01-06-00152-CR Arthur Kelvin Lovell v. The State of Texas Harris

01-06-00229-CR Shawn Henry v. The State of Texas Harris

01-06-00306-CR Ivan David Colon v. The State of Texas Harris

SET FOR SUBMISSION ON BRIEFS ON 12/5/2006

(Before Justices Taft, Keyes and Hanks)

01-05-00457-CR Guillermo Limon Briones v. The State of Texas Harris

01-05-00852-CR Larry Douglas Henry v. The State of Texas Harris

01-05-00995-CR Seleta Yotarsha Chambers v. The State of Texas Galveston

01-05-01034-CR Seleta Yotarsha Chambers v. The State of Texas Galveston

01-05-01068-CV Nadine Johnson v. The Methodist Hospital Harris

01-06-00033-CR Jesse Prather v. The State of Texas Harris

SET FOR SUBMISSION ON BRIEFS ON 12/5/2006

(Before Justices Nuchia, Jennings and Higley)

01-05-00802-CR Ralph Tyler v. The State of Texas Harris

01-05-00950-CR Daniel Layton v. The State of Texas Harris

01-05-01095-CR Robert Lee Smith v. The State of Texas Harris

01-05-01096-CR Robert Lee Smith v. The State of Texas Harris

01-05-01145-CR Fredrick Lee Wooley v. The State of Texas Harris

01-06-00134-CR Ronald Lee Worthy v. The State of Texas Harris

SET FOR SUBMISSION ON BRIEFS ON 12/12/2006

(Before Chief Justice Radack, Justices Alcala and Bland)

01-05-00455-CR Domingo Trujillo v. The State of Texas Harris

01-05-00638-CR Edwin James Powell v. The State of Texas Harris

SET FOR SUBMISSION ON BRIEFS ON 12/12/2006

(Before Justices Taft, Keyes and Hanks)

01-05-00487-CV Cabo Construction, Inc. v. R S Construction Harris

01-05-00518-CR Lewis, Aundri v. The State of Texas Harris

01-05-01006-CR Terisa Arlene Ford v. The State of Texas Harris

01-05-01181-CR Jesse Freeman v. The State of Texas Harris

SET FOR SUBMISSION ON BRIEFS ON 12/13/2006

(Before Justices Nuchia, Jennings and Higley)

01-05-01048-CR Zona Joshua Leggett v. The State of Texas Brazoria

01-05-01156-CR Loretta Vernege v. The State of Texas Harris