| Dissents and Concurrences in the First Court of Appeals - Houston, Texas (Tex.App.- Houston [1st Dist.] 2006) |
Also see ----> 2006 First Court of Appeals Opinions ----> Oct. 2007 First Court of Appeals Opinions Also see ----> 2006 Dissenting and Concurring Opinions by Justices of the Fourteenth Court of Appeals 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.”) In Re Budzyn (Tex.App.-Houston [1st Dist.] Sep. 8, 2006)(per curiam) [Mandamus denied re: trial court's order granting motion for disqualification against attorney based on conflict of interest, breach of confidentiality] DENY MOTION: Per Curiam Before Justices Nuchia, Keyes and Hanks 01-06-00012-CV In re Teresa Budzyn Appeal from Co Civil Ct at Law No 3 of Harris County (Hon. Lynn Bradshaw-Hull) (The trial court concluded that a breach of confidentiality and conflict of interest existed, and ordered Soard disqualified) . OPINION CONCURRING WITH THIS COURT'S JUDGMENT(Justice Keyes) ("Budzyn failed in her burden to request that the CCSI-Universal contracts submitted to the trial court be carried forward under seal to this Court for review. See Tex. R. App. P. 52.7(a)(2); Walker, 827 S.W.2d at 837. Without the benefit of the complete record submitted below, this Court cannot conclude that the trial court’s conclusion to disqualify Soard was unreasonable. See Walker, 827 S.W.2d at 837. Budzyn has failed in her burden to demonstrate a clear right to mandamus relief. See id." Accordingly, I concur in the denial of the motion for rehearing.") 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. Banda v. City of Galveston (Tex.App.- Houston [1st Dist.] Sep. 14, 2006)(Hanks) [governmental entity law, sovereign immunity, TTCA, motor-driven equipment, sewer spill] AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Keyes and Hanks 01-05-00331-CV Donna Banda and Robyn Worthen v. City of Galveston Appeal from 10th District Court of Galveston County (Judge David E. Garner) Dissenting opinion by Justice Keyes Chau v. Riddle, M.D. (Tex.App.- Houston [1st Dist.] Sep. 29, 2006)(Hanks)(HCLC, expert report) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Nuchia, Keyes and Hanks 01-04-00551-CV Thao Chau and Ha Dien Do, Individually and as next friend of their minor child, Steven Dien Do v. Jefferson Riddle, M.D., and Greater Houston Anesthesiology, P.A. Appeal from 55th District Court of Harris County Dissenting Opinion by Justice Keyes in Thao Chau and Ha Dien Do, Individually and as next friend of their minor child, Steven Dien Do v. Jefferson Riddle, M.D., and Greater Houston Anesthesiology, P.A. January 11, 2007 Update: Both Opinions in Precedent-Setting TSU Sovereign Immunity Case Withdrawn; Substitute Opinions Issued TSU v. State Street II (Tex.App.- Houston [1st Dist.] Jan. 11, 2006)(Justice Hanks)(substitute opinion) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Justices Nuchia, Keyes and Hanks) 01-05-00758-CV Texas Southern University v. State Street Bank and Trust Company, CMS Viron Corporation Appeal from 80th District Court of Harris County Concurring and Dissenting Opinion by Justice Keyes Justice George C. Hanks Writes Concurring Opinion to Make Recommendation to Supreme Court Gainous v. Gainous (Tex.App.- Houston [1st Dist.] Dec. 21, 2006)(Justice Tim Taft)(opinion on rehearing) [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 Evelyn 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. Justice Terry Jennings Delivers Separate Opinions in CPS Cases Colbert v. CPS (Tex.App.- Houston [1st Dist.] Dec. 21, 2006, pet. granted)(Justice Samuel 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 Rappa v. CPS (Tex.App.- Houston [1st Dist.] Dec. 21, 2006)(Justice Sam 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 Justice Keyes Dissents in Truck Accident Case Jordan v. Sava, Inc. (Tex.App.- Houston [1st Dist.] Dec. 14, 2006)(Justice Elsa 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 Evelyn Keyes Justice Sam Nuchia Dissents on Issue of Future Mental Anguish Damages in Sexual Assault Case N. N. v. Inst. for Rehab and Research II (Tex.App.- Houston [1st Dist.] Dec. 7, 2006)(Justice Elsa Alcala)(substitute opinion on motion for rehearing) [negligence, sexual assault at faciltiy, 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 Sam 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.”) Justice Jennings Writes Concurring Opinion in Criminal Case Craig Alexander Edwards v. Texas (Tex.App.- Houston [1st Dist.] Dec. 7, 2006)(Nuchia)(criminal case) 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 in Edwdars v. Texas. (Tex.App.- Houston [1st Dist.] Dec. 7, 2006) Justice Keyes writes separately on issue of arbitration order review by mandamus vs. interlocutory appeal; urges legislative reform In Re Bill Heard Chevrolet (Tex.App.- Houston [1st Dist.] Nov. 30, 2006)(Taft)(Arbitration Mandamus denied) DENY PETITION FOR WRIT OF MANDAMUS: Justice Taft Before Justices Taft, Keyes and Hanks 01-06-00324-CV In re Bill Heard Chevrolet, LTD Appeal from 268th District Court of Fort Bend County Concurring Opinion by Justice Keyes I second the supreme court's request that the Legislature amend the TAA to permit interlocutory appeals of orders issued pursuant to the FAA. Quanell X Farrakhan v. State (Tex.App.- Houston [1st Dist.] Nov. 30, 2006)(Taft)(criminal case) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Justice Taft Before Justices Taft, Keyes and Hanks 01-04-01205-CR Quanell X Abdul Farrakhan v. The State of Texas Appeal from 338th District Court of Harris County Concurring Opinion by Justice Keyes http://www.1stcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=83700 Justice Evelyn Keyes Would Affirm Conviction on Basis that Error Was Harmless Wyborney v. State of Texas (Tex.App.– Houston [1st Dist.] Nov. 22, 2006)(Hanks)(criminal case) [murder conviction, self-defense defense] REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Justice Hanks Before Justices Nuchia, Keyes and Hanks) 01-05-00158-CR Paul Edward Wyborney v. The State of Texas Appeal from 262nd District Court of Harris County Dissenting Opinion by Justice Evelyn Keyes (would hold that error was harmless) Justice Terry Jennings Dissents in Criminal Case Stemming From Deputy Fundraising Christensen v. State (Tex.App.- Houston [1st. Dist.] Nov. 16, 2006)(Justice Elsa Alcala)(criminal case) [theft by deception, fundraising] REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Justice Alcala Before Justices Taft, Jennings and Alcala) 01-04-00713-CR Edward Christensen v. The State of Texas Appeal from 337th District Court of Harris County Dissenting Opinion by Justice Terry Jennings Brown v. Traylor (Tex.App.- Houston [1st Dist.] Nov. 2, 2006)(Justice Tim Taft)(on denial of en banc reconsideration) [will contest] AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Justice Taft Before Justices Taft, Higley and Bland 01-04-01091-CV George Brown v. Lucy Traylor and Leona Simpson Appeal from Probate Court No 4 of Harris County Dissenting Opinion by Justice Keyes Justices Disagree on Equitable Ownership, Entitlement to Exemption in Appeal of Suit Against Appraisal District TRQ Captain's Landing, L.P. v. Galvestion Central Appraisal District (Tex.App.- Houston [1st. Dist.] Oct. 5, 2006)(Keyes) [tax appeal, exemption, equitable ownership] REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Keyes (Before Justices Keyes, Alcala and Bland) 01-05-00496-CV TRQ Captain's Landing, L.P. and American Housing Foundation v. Galveston Central Appraisal District--Appeal from 10th District Court of Galveston County Dissenting Opinion by Justice Jane Bland Justices Disagree on Whether Sovereign Immunity Protects City from Homeowners' Suit Over Sewage Spilled into their Home Banda v. City of Galveston (Tex.App.- Houston [1st Dist.] Sep. 14, 2006)(Justice George Hanks) [governmental entity law, sovereign immunity, TTCA, motor-driven equipment, sewer spill] AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Keyes and Hanks 01-05-00331-CV Donna Banda and Robyn Worthen v. City of Galveston Appeal from 10th District Court of Galveston County (Judge David E. Garner) Dissenting opinion by Justice Keyes Justice Keys dissents in health care liability case Chau v. Riddle, M.D. (Tex.App.- Houston [1st Dist.] Sep. 29, 2006)(Hanks)(HCLC, expert report) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Nuchia, Keyes and Hanks 01-04-00551-CV Thao Chau and Ha Dien Do, Individually and as next friend of their minor child, Steven Dien Do v. Jefferson Riddle, M.D., and Greater Houston Anesthesiology, P.A. Appeal from 55th District Court of Harris County Dissenting Opinion by Justice Keyes in Thao Chau and Ha Dien Do, Individually and as next friend of their minor child, Steven Dien Do v. Jefferson Riddle, M.D., and Greater Houston Anesthesiology, P.A. The majority opinion breathtakingly expands the scope of the Good Samaritan affirmative defense. Because the majority’ s construction of the statute is important to the jurisprudence of this State and is, I believe, contrary to controlling law, I respectfully dissent. I would reverse and remand this case for trial on the merits. Justices Part Ways on Whether Arbitration Order in Workplace Injury Case May be Appealed Bison Building Materials v. Aldridge (Tex.App.- Houston [1st Dist.] Sep. 14, 2006)(Justice Jane Bland) [arbitration, interlocutory appeal, ILA, employment injury, workplace safety, post-injury waiver] DISMISS APPEAL: Opinion by Justice Bland Before Justices Keyes, Alcala and Bland 01-05-00330-CV Bison Building Materials, Ltd. v. Lloyd K. Aldridge Appeal from 334th District Court of Harris County (Judge Sharon McCally) (“Bison Building Materials, Ltd. and Lloyd K. Aldridge appeal an interlocutory trial court order confirming in part and vacating in part an arbitration decision that dismissed Aldridge’s claims against Bison. We conclude that we lack statutory authority to consider this interlocutory appeal and therefore dismiss it for want of jurisdiction. ... Strictly construing section 171.098(a), as we must, we hold that the Order at issue here is not an appealable interlocutory order. Walker Sand, 95 S.W.3d at 516. “It is fundamental error for an appellate court to assume jurisdiction over an interlocutory order when not expressly authorized to do so by statute.” Gathe v. Cigna Healthplan of Tex., Inc., 879 S.W. 2d 360, 363 (Tex. App.—Houston [14th Dist.] 1994, writ denied) (citing New York Underwriters Ins. Co. v. Sanchez, 799 S. W.2d 677, 679 (Tex. 1990)). We do not imply a lack of jurisdiction from the TAA provision allowing interlocutory appeals of certain arbitration orders. Rather, absent a final judgment, or statutory authorization, we do not have state court appellate jurisdiction in the first instance. We therefore dismiss the appeal for want of jurisdiction.”) Opinion Dissenting to this Court's Judgment by Justice Keyes (“This is a case of first impression for this Court with important jurisdictional implications for Texas arbitration law. Because I believe the majority has incorrectly decided this appeal, I respectfully dissent.”) Attorney Disqualified Based on Prior Work for Opposing Party - Justice Evelyn Keyes Writes Separately on Denial of Mandamus In Re Budzyn (Tex.App.-Houston [1st Dist.] Sep. 8, 2006)(per curiam opinion) [Mandamus denied re: trial court's order granting motion for disqualification against attorney based on conflict of interest, breach of confidentiality] DENY MOTION: Per Curiam Before Justices Nuchia, Keyes and Hanks 01-06-00012-CV In re Teresa Budzyn Appeal from Co Civil Ct at Law No 3 of Harris County (Hon. Lynn Bradshaw-Hull) (The trial court concluded that a breach of confidentiality and conflict of interest existed, and ordered Soard disqualified). Justice Keyes wrote a concurring opinion in In Re Budzyn ("Budzyn failed in her burden to request that the CCSI-Universal contracts submitted to the trial court be carried forward under seal to this Court for review. See Tex. R. App. P. 52.7(a)(2); Walker, 827 S.W.2d at 837. Without the benefit of the complete record submitted below, this Court cannot conclude that the trial court’s conclusion to disqualify Soard was unreasonable. See Walker, 827 S.W.2d at 837. Budzyn has failed in her burden to demonstrate a clear right to mandamus relief. See id." Accordingly, I concur in the denial of the motion for rehearing.") Appellate Curiosity: Three-Member Panel Splits Three Ways in Appeal from Family Court Gainous v. Gainous (Tex.App.- Houston [1st Dist.] Aug. 24, 2006)(Justice Taft) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Keyes and Hanks 01-04-00427-CV Brenda Joyce Gainous v. Thomas Earl Gainous Appeal from 246th District Court of Harris County (Judge Jim York) Gainous v. Gainous (Tex.App.- Houston [1st Dist.] Aug. 24, 2006)(concurring opinion by Justice Hanks) Gainous v. Gainous (Tex.App.- Houston [1st Dist.] Aug. 24, 2006)(dissenting opinion by Justice Keyes) Disposition of Case Involving Claim that Trial Court Judgment Is Void Has Justice Jennings Concurring In re Metro (Tex.App.- Houston [1st Dist.] Aug. 24, 2006)(Chief Justice Radack) [rule of civil procedure, jurisdiction, void judgment, nullity, plenary jurisdiction] DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Jennings and Alcala 01-04-01128-CV In re Metropolitan Transit Authority Appeal from 234th District Court of Harris County (Judge Reece Rondon) In Re Metro (Tex.App.- Houston [1st Dist.] Aug. 24, 2006)(concurring opinion by Justice Terry Jennings) OPINION CONCURRING WITH THIS COURT'S JUDGMENT: Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings and Alcala 01-04-01128-CV In re Metropolitan Transit Authority Appeal from 234th District Court of Harris County (Hon. Reece Rondon) Justices At Odds Over Propriety of Sanctions in Parents' Feud Over Kids' Vacation Trip Abroad. Family Court Judge Found Request for Temporary Restraining Order Groundless - Justice Evelyn Keyes Would Give Mother the Benefit of the Doubt Keith v. Keith (Tex.App.–Houston [1st Dist.] July 20, 2006)(majority opinion by Tim Taft) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Keyes and Hanks 01-04-01214-CV Sharon Kay Keith v. Randall Dean Keith Appeal from 312th District Court of Harris County (Hon. James Squier) Keith v. Keith (Tex.App.–Houston [1st Dist.] July 20, 2006)(dissenting opinion by Keyes) First Court Decides That a State University May Be Sued After All If Its Officials Behaved Badly Enough - Sole African-American Justice on the Court Gets to Tell TSU "No" TSU v. State Street Bank (Tex.App.-Houston [1st Dist.] June 8, 2006)(Note: this opinion was withdrawn and superseded in January 2007)(First Court finds state university’s conduct sufficiently egregious to warrant recognition of waiver-by-conduct exception to sovereign immunity to breach of contract claims; affirms denial of TSU’s plea to the jurisdiction against the breach of contract claim; grants plea with respect to takings and declaratory judgment claims) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Justices Nuchia, Keyes and Hanks 01-05-00758-CV Texas Southern University v. State Street Bank and Trust Company, CMS Viron Corporation Appeal from 80th District Court of Harris County TSU v. State Street Bank (Tex.App.-Houston [1st Dist.] June 8, 2006)(separate opinion by Keyes concurring in part and dissenting in part)(Note: This opinion was also superseded by a substitute opinion issued January 2007) (Justice Keyes agrees with waiver-by-conduct holding, but would not reach it; would hold that Plaintiffs have state a viable takings (inverse condemnation) claim; concurs in remanding case)(opinion withdrawn and superseded) Justice Keyes Writes Separately In Million Dollar Bail Case Pharris v. State of Texas (Tex.App.-Houston [1st Dist.] June 8, 2006)(Justice Sam Nuchia) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Nuchia Before Justices Nuchia, Keyes and Hanks 01-05-00727-CR Dennis Joe Pharris v. The State of Texas Appeal from 351st District Court of Harris County ("We reverse the trial court’s order setting bail at $1,000,000 and render judgment that bail be set at $500,000.") Concurring opinion by Justice Evelyn Keyes I concur in the judgment. I write separately to address the State’s mootness argument and to clarify this Court’s jurisdiction over this appeal. Appellant timely appealed from a habeas corpus hearing held on July 15, 2005, in which appellant’s bail was set by the trial court at $2,500,000. Justices Don't See Eye to Eye on Complex Jurisdictional and Immunity Issues in En Banc Review City of Seabrook v. Port of Houston Authority (Tex.App. - Houston [1st Dist.] May 18, 2006)(opinion by Bland)(en banc) DISMISS APPEAL: Opinion by Justice Bland Before Justices Taft, Nuchia, Jennings, Keyes, Alcala, Hanks, Higley and Bland 01-04-00925-CV The City of Seabrook, Texas v. Port of Houston Authority Appeal from Co Civil Ct at Law No 3 of Harris County City of Seabrook v. Port of Houston Authority (Tex.App. - Houston [1st Dist.] May 18, 2006)(dissenting opinion by Hanks and Keyes) Justice Radack Issues Concurring Opinions In re Sheppard, M.D. (Tex.App.- Houston [1st Dist.] Mar. 30, 2006)(Alcala)(unserved defendant, finality of judgment) DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Alcala Before Chief Justice Radack, Justices Jennings and Alcala 01-05-00375-CV In re Robert D. Sheppard, M.D. & Emcard, Inc. Appeal from 151st District Court of Harris County Concurring Opinion by Chief Justice Radack Justice Keyes Concurs and Dissents in Part from Sam Nuchia's Opinion in Criminal Case McGee v. State (Tex.App. - Houston [1st Dist.] May 18, 2006) (majority opinion by Nuchia)(criminal case with dissent) AFFIRM TC JUDGMENT: Opinion by Justice Nuchia Before Justices Nuchia, Keyes and Hanks 01-05-00142-CR Michael Eugene McGee v. State of Texas Appeal from 248th District Court of Harris County McGee v. State (Tex.App. - Houston [1st Dist.] May 18, 2006)(opinion concurring in part, and dissenting in part, by Justice Keyes) 01-05-00142-CR Michael Eugene McGee v. State of Texas Appeal from 248th District Court of Harris County McKnight v. Brown (Tex.App.- Houston [1st Dist.] Jan. 11, 2006)(per curiam) [abuse of process claim, settlement, motion to dismiss appeal, should opinion be withdrawn?] DISMISS APPEAL [Motion to dismiss with prejudice granted, original appellate opinion not withdrawn]: Opinion by Justice Higley Before Justices Taft, Higley and Bland) 01-05-00689-CV John Frank McKnight v. Marshall Davis Brown, Jr. Appeal from 133rd District Court of Harris County Concurring Opinion by Justice Bland |