June 22, 2006: Declaratory judgment and attorneys’ fee award in feud between neighbors over use of land as airfield
Graves v. Diehl (Tex.App.–Houston [1st Dist.] June 22, 2006) [dispute between neighbors over low overflight aircraft; UDJA, nonsuit; Rule 13 sanctions reversed; award of attorney’s fees under UDJA reversed, declaratory judgment reversed, no longer a justiciable controversy] REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Hanks and Higley 01-00-00412-CV Robert Graves and Barbara Graves v. Ronald Diehl and Constance Diehl Appeal from 212th District Court of Galveston County (Hon. Susan Elizabeth Criss)
Scranton v. State of Texas (Tex.App.–Houston [1st Dist.] June 22, 2006)(criminal case) [rigth to self-representation; oral pronouncement controls over the written judgment) MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Taft Before Chief Justice Radack, Justices Taft and Nuchia 01-05-00171-CR Timothy Keith Scranton v. The State of Texas Appeal from 182nd District Court of Harris County (“We modify the judgment of the trial court to conform to the trial court’s oral findings of “true” on the enhancement paragraphs. As modified, we affirm the judgment of the trial court.“)
June 8, 2006: Panel finds state university's rip-off of contractor egregious enough to warrant recognition of waiver-by-conduct exception to sovereign immunity to contract claims
Texas Southern University v. State Street Bank (Tex.App.-Houston [1st Dist.] June 8, 2006)(plurality op. by Hanks) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice George C. Hanks, Jr. 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 op. by Keyes) OPINION CONCURRING IN PART WITH, AND DISSENTING IN PART TO, THIS COURT'S JUDGMENT: Opinion by Justice Keyes 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
Murphy v. Countrywide Home Loans, Inc. (Tex.App.-Houston [1st Dist.] June 8, 2006)(Hanks) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Keyes and Hanks 01-04-00584-CV Danny Royce Murphy v. Countrywide Home Loans, Inc., and Samuel Daffin, II Appeal from 405th District Court of Galveston County
Gordon v. Jones (Tex.App.-Houston [1st Dist.] June 8, 2006)(Radack) [venue, forum, jurisdiction, dismissal with prejudice reversed] REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Bland 01-04-00656-CV Ronald X. Gordon v. Mildred Jones; James Albro Appeal from 400th District Court of Ft. Bend County (Hon. J. Bradley Smith)
Rollins Ind., v. American Express (Tex.App.-Houston [1st Dist.] June 8, 2006)(Hanks) [writ of execution, UDJA] AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Nuchia, Keyes and Hanks 01-04-00765-CV Frank A. Rollins Ind., and d/b/a Lord's Pharmacy v. American Express Travel Related Servicves Company--Appeal from 215th District Court of Harris County
Greanias v. Metrolitan (Tex.App.-Houston [1st Dist.] June 8, 2006)(Taft) [church dispute, first amendment, jurisdiction] AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Chief Justice Radack, Justices Taft and Nuchia) 01-04-00786-CV Basil Greanias, James F. Bellos, Argo Georgandis, Chris A. Nickolas, Gus E. Pappas, James S. Pappas, Spiro J. Pappas, Peter J. Petkas, Fran A. Pond and Bruce Rollins v. Metropolitan Isaiah, Father Gabriel Karambis, Spyros Catechis, Vasso Jacomides, Chris Kaitson, A. J. Kantalis, Theodore X. Koinis, Nicolas Kyriazis, Constantine S. Llollio, Richard McGee, Sofia Petrou, Martha Stefanidakis and John Zavitsanos Appeal from 133rd District Court of Harris County
Nealy v. Southlawn Palms Apartments (Tex.App.-Houston [1st Dist.] June 8, 2006)(Radack) [forcible detainer, eviction] REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Jennings and Alcala 01-05-00085-CV Mary Jane Nealy v. Southlawn Palms Apartments Appeal from Co Civil Ct at Law No 4 of Harris County
In re MG and JIG (Tex.App.-Houston [1st Dist.] June 8, 2006)(Hanks) DISMISS APPEAL: Opinion by Justice Hanks Before Justices Nuchia, Keyes and Hanks 01-05-00426-CV In The Interest of M.G., J.I.G., Jr., Minor Children Appeal from 21st District Court of Washington County
The Houston Chronicle v. Thomas (Tex.App.-Houston [1st Dist.] June 8, 2006)(Nuchia) [Open Records Act, Public Information Act, UDJA, ILA, mootness, public interest] AFFIRM TC JUDGMENT: Opinion by Justice Nuchia Before Chief Justice Radack, Justices Taft and Nuchia 01-05-00873-CV The Houston Chronicle Publishing Company and Peggy O'Hare v. Hon. Tommy Thomas, Sheriff of Harris County, Texas--Appeal from 165th District Court of Harris County
City of Houston v. Southern Electrical Services, Inc. (Tex.App.-Houston [1st Dist.] June 8, 2006)(Nuchia) AFFIRM TC JUDGMENT: 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
Waterman AC v. Agape Ashton (Tex.App.-Houston [1st Dist.] June 8, 2006)(per curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Taft and Nuchia 01-06-00258-CV Waterman Air Conditioning and Heating, Inc. v. Agape Ashton/Woodstock, Inc. d/b/a Ashton Place Apartments--Appeal from County Court at Law No 2 of Galveston County
In re Holt (Tex.App.-Houston [1st Dist.] June 8, 2006) GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Taft Before Justices Taft, Higley and Bland 01-06-00290-CV In re William Gregory Holt Appeal from Co Civil Ct at Law No 1 of Harris County
1340 Tavern v. Heslington (Tex.App.-Houston [1st Dist.] June 8, 2006) DISMISS APPEAL: Per Curiam Before Justices Keyes, Alcala and Bland 01-06-00344-CV 1340 Tavern on Gray, L.C. v. Heather Heslington Appeal from 189th District Court of Harris County
Pharris v. State of Texas (Tex.App.-Houston [1st Dist.] June 8, 2006) 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
Pharris v. State of Texas (Tex.App.-Houston [1st Dist.] June 8, 2006)(concurring op. by Keyes) OPINION CONCURRING WITH THIS COURT'S JUDGMENT: Opinion by Justice Keyes 01-05-00727-CR Dennis Joe Pharris v. The State of Texas Appeal from 351st District Court of Harris County
May 25, 2006: Court Tackles Discovery Sanctions Issue: Pre-trial vs. Post-trial Conduct
Long v. United Welding Supply (Tex.App.-Houston [1st Dist.] May 25, 2006)(Alcala) [untimely motion for discovery sanctions, same pre-trial conduct already basis for exemplary damages, sanctions award remanded for redetermination] AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Bland 01-03-00034-CV Robert Long d/b/a MWT v. United Welding Supply, Inc. Appeal from Co Civil Ct at Law No 1 of Harris County (Judge Cagle)
Jocson v. Crabb (Tex.App.-Houston [1st Dist.] May 25, 2006)(Hanks) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Keyes and Hanks 01-01-01242-CV Jocson, Maria MD & Woman's Hospital of Texas, Inc., et al. v. Joe Crabb Appeal from 80th District Court of Harris County
Heritage Housing v. Carr (Tex.App.-Houston [1st Dist.] May 25, 2006)(Bland) [nursing home liability] REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Bland Before Chief Justice Radack, Justices Alcala and Bland 01-04-00096-CV HERITAGE HOUSING DEVELOPMENT, INC., F/K/A HERITAGE GERIATRIC HOUSING DEVELOPMENT, INC.; HERITAGE GERIATRIC HOUSING DEVELOPMENT VIII, INC. v. VELMA CARR, AS HEIR AT LAW AND REPRESENTATIVE OF THE ESTATE OF RAYMOND CARR, DECEASED Appeal from 152nd District Court of Harris County
Webworld Marketing Group v. Thomas (Tex.App.-Houston [1st Dist.] May 25, 2006)(Hanks) [SOB application, declaratory judgment] REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Hanks Before Justices Nuchia, Keyes and Hanks 01-04-00749-CV Webworld Marketing Group, L.L.C. v. Tommie Thomas (Sheriff) Appeal from 215th District Court of Harris County
Pye’s Auto Sales v. Gulf State Finance Co. (Tex.App.-Houston [1st Dist.] May 25, 2006)(Nuchia)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER JUDGMENT: Opinion by Justice Nuchia (Before Chief Justice Radack, Justices Taft and Nuchia) 01-05-00670-CV Pye's Auto Sales, Inc., and Sidney T. Pey, III, a/k/a Sidney Pye v. Gulf States Finance Company Appeal from 151st District Court of Harris County
Criminal Causes Decided: (only reversals, dissents, or modifications shown on this page)
Wiley v. State (Tex.App.-Houston [1st Dist.] May 25, 2006)(Alcala) MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Alcala (Before Justices Keyes, Alcala and Bland) 01-05-00033-CR Frank James Wiley v. The State of Texas Appeal from 184th District Court of Harris County
City of Seabrook v. Port of Houston Authority (Tex.App. - Houston [1st Dist.] May 18, 2006)(majority en banc opinion by Bland)(dissent by Hanks and Keyes)(pet. filed July 5, 2006) [governmental entities law, sovereign immunity] 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 Dissenting Opinion by Justices Hanks and Keyes 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 (Judge Lynn M. Bradshaw-Hull)
City of Houston v. Degner (Tex.App. - Houston [1st Dist.] May 18, 2006)(Keyes) [TTCA, tort claims act, no waiver of immunity for false 911 information about alleged suicide] REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Keyes Before Justices Nuchia, Keyes and Hanks 01-05-00133-CV City of Houston and Harris County, Texas v. Tanya Lynn Degner, Individually and a/n/f of Blake Degner, a Minor Child, and Ryan Allen Degner, a Minor Child Appeal from 113th District Court of Harris County (Hon. Patricia Hancock)
Parrish v. US Bank (Tex.App. - Houston [1st Dist.] May 18, 2006) [forcible entry and detainer, eviction judgment, bankruptcy stay?] AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings and Alcala 01-05-00684-CV John Parrish v. US Bank, N.A. Appeal from Co Civil Ct at Law No 2 of Harris County
BP Products v. Houston Chronicle (Tex.App. - Houston [1st Dist.] May 18, 2006) [explosion, witness statements, access to records, sealing] AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Higley 01-05-01033-CV BP Products North America, Inc., BP Amoco Chemical Company, BP Amoco Polymers, Inc., BP Corporation North America, Inc., ("BP") v. The Houston Chronicle Publishing Company, The Galveston County Daily News Appeal from 212th District Court of Galveston County (Hon. Susan Elizabeth Criss) (“We affirm the trial court’s orders declaring the 15 witness statements to be court records and denying BP’s motion to seal the witness statements. Furthermore, all pending motions relating to this appeal are denied as moot.”)
In Re BP Products (Tex.App. - Houston [1st Dist.] May 18, 2006) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Alcala and Higley) 01-06-00427-CV In Re BP Products North America, Inc. Appeal from 212th District Court of Galveston County (Judge Susan E. Criss)
McGee v. State (Tex.App. - Houston [1st Dist.] May 18, 2006) (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 OPINION CONCURRING IN PART WITH, AND DISSENTING IN PART TO, THIS COURT'S JUDGMENT: Opinion by Justice Keyes 01-05-00142-CR Michael Eugene McGee v. State of Texas Appeal from 248th District Court of Harris County
May 11, 2006
Stockton v. Mitchell Mortgage (Tex.App. - Houston [1st Dist.] May 11, 2006) [breach of earnest money contract, summary judgment] AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Nuchia, Hanks and Higley 01-04-00831-CV John Stockton v. Mitchell Mortgage Company, L.L.C. Appeal from 240th District Court of Fort Bend County (Hon. Thomas R. Culver, III)
May 5, 2006
City of Houston v. Houston Firefighters’ Relief (Tex.App.-Houston [1st. Dist] May 5, 2006) [firefighters’ claim not barred by immunity, may rely on Uniform Declaratory Judgments Act (UDJA) in cross-claim to vindicate service credit by construing applicable statute] AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Nuchia, Jennings and Higley 01-04-00807-CV City of Houston v. HOUSTON FIREFIGHTERS’ RELIEF AND RETIREMENT FUND, GEORGE ANDERSON, ET AL.; AND ALVIN JAMES Appeal from 151st District Court of Harris County (Hon. Caroline E. Baker)
May 4, 2006
ASEP v Cole (Tex.App.-Houston [1st Dist.] May 4, 2006) [Breach of employment contract, attorneys fees challenge failed, fee factors, appellate fee award modified to make it contingent on prevailing party status] AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Taft, Keyes and Hanks) 01-03-00816-CV ASEP USA, Inc. v. Michael D. Cole Appeal from 270th District Court of Harris County (Hon. Brent Gamble)
Esse v. BP (Tex.App.-Houston [1st Dist.] May 4, 2006) [ILA special appearance, jurisdiction, general, specific] AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Judge Price, Justices Jennings and Alcala 01-04-00567-CV Todd Esse v. BP America Production Company Appeal from 234th District Court of Harris County (The Honorable Bruce Oakley)
Harris County v. Inter Nos (Tex.App.-Houston [1st Dist.] May 4, 2006) [easement, damages computation, condemnation] AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-04-00736-CV Harris County, Texas v. Inter Nos, Ltd. Appeal from Co Civil Ct at Law No 3 of Harris County (Hon. Lynn Bradshaw-Hull)
Baker v. Donovan (Tex.App.-Houston [1st Dist.] May 4, 2006) [divorce, clarification order, enforcement, retirement benefits] AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Nuchia, Keyes and Hanks 01-05-00178-CV Michael Allen Baker v. Karen Ruth Baker Appeal from 246th District Court of Harris County (Hon. Russell Lloyd)
Wolford v. Americal Home Assurance (Tex.App.-Houston [1st Dist.] May 4, 2006) [workers compensation case, appeal] AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Nuchia, Keyes and Hanks 01-05-00215-CV Kenneth Wolford v. American Home Assurance Company Appeal from 333rd District Court of Harris County - Hon. Joseph Halbach
April 20, 2006
Yazdchi v. Bennet (Tex.App.–Houston [1st Dist.] April 20, 2006) [attorney malpractice suit dismissed, must challenge all bases for dismissal on appeal or waive error] AFFIRM TC JUDGMENT: Opinion by Chief Justice Sherry Radack Before Chief Justice Radack, Justices Jennings and Alcala 01-04-01057-CV Abbas Yazdchi, and Habibollah Yazdchi v. Robert S. Bennett Appeal from 234th District Court of Harris County
City of Galveston v. Texas General Land Office (Tex.App.–Houston [1st Dist.] April 20, 2006, pet. denied 10/27/06) [lease payments to State for use of submerged land under waterfront hotel, Code Construction Act] AFFIRM TC JUDGMENT: Opinion by Justice Jane Bland Before Justices Taft, Higley and Bland 01-04-01096-CV The City of Galveston, Texas and Landry's Restaurants, Inc. v. The Texas General Land Office Appeal from 122nd District Court of Galveston County
Stewart v. Stewart (Tex.App.–Houston [1st Dist.] April 20, 2006) [spousal maintenance limitation to 12 months affirmed despite disability] AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Jennings and Alcala 01-04-01126-CV Lynne Stewart v. Darrell Lynn Stewart Appeal from 387th District Court of Fort Bend County
Holland v. Alker (Tex.App.–Houston [1st Dist.] April 20, 2006) [turnover order, exempt and nonexempt property, personal corporation, piercing corporate veil, homestead designation claim] AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Higley and Bland 01-05-00666-CV Robert V. Holland, Jr. Individually and d/b/a Holland & Associates, and Robert V. Holland, Jr., P.C. v. Gustav Alker, Jr., and Robert Alker -- Appeal from 113th District Court of Harris County
April 13, 2006
New Process Steel v. Sharp Freight (Tex.App.–Houston [1st Dist.] April 13, 2006) [Breach of contract BoC, fraudulent misrepresentation, future conduct, parol evidence rule] AFFIRM TC JUDGMENT: Opinion by Justice Evelyn Keyes Before Justices Nuchia, Keyes and Hanks 01-04-00764-CV New Process Steel, L.P. v. Sharp Freight Systems, Inc. Appeal from 215th District Court of Harris County (Hon. Levi J. Benton)
Carruth v. Texas Funeral (Tex.App.–Houston [1st Dist.] April 13, 2006) [Contract re: funeral, internment, burial, disposition of human remains, intentional infliction of emotional distress IIED, breach of contract BoC, power of attorney, advance directive, will, attorney in fact] AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Nuchia, Keyes and Hanks 01-04-00993-CV Hunter Carruth v. Sci Texas Funeral Services, Inc. Appeal from Co Civil Ct at Law No 4 of Harris County (Hon. Cynthia Crowe)
AMX v. Bank One (Tex.App.–Houston [1st Dist.] April 13, 2006) [conversion of checks by bank, paid without endorsement, UCC, breach of contract, tortiours interference, single satisfaction rule, double recovery] AFFIRM TC JUDGMENT: Opinion by Justice Evelyn Keyes Before Justices Nuchia, Keyes and Hanks 01-04-01035-CV AMX Enterprises, Inc., n/k/a AMX Enterprises LLP v. Bank One, NA Appeal from 157th District Court of Harris County (Judge Randy Wilson)
Fondren Construction Co. v. Briar Cliff Housing (Tex.App.–Houston [1st Dist.] April 13, 2006) [construction case, subcontractor, breach of contract BoC, unjust enrichment, foreclosure of lien interest, fraud and fraud in the inducement, negligent misrepresentation, right to recover on construction payment bond, construction subcontracting work, Property Code, bond requirements, bench trial, summary judgment evidence, defense of limitations, suit not brought within one year of recordation of surety, bond] AFFIRM TC JUDGMENT: Opinion by Justice Jane Nenninger Bland Before Justices Taft, Higley and Bland 01-04-01293-CV Fondren Construction Company, Inc., and Robert G. Lubkeman v. BriarCliff Housing Development Associates, Inc., DPMC-Briarcliff, L.P., and John Deere Company Appeal from 165th District Court of Harris County
Hendrix v. Port Terminal RR Assn. (Tex.App.–Houston [1st Dist.] April 13, 2006) [federal preemption, trial court erred in granting Defendant’s summary judgment motion because it did not address all claims]. REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings; Before Chief Justice Radack, Justices Jennings and Alcala 01-05-00217-CV Travis Hendrix v. Port Terminal Railroad Association Appeal from 165th District Court of Harris County (Hon. Elizabeth Ray)
Truck Insurance v. Chalfant (Tex.App.–Houston [1st Dist.] April 13, 2006) [automobile insurance coverage dispute, no auto insurance coverage for company president because insured was the corporation and claimant was not a family member of the corporation, nor an individual designated by name as covered] REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice George Hanks Before Justices Nuchia, Keyes and Hanks 01-05-00546-CV Truck Insurance Exchange v. Steven Chalfant Appeal from 133rd District Court of Harris County (Hon. Lamar McCorkle) (“Where only a corporation is named as an insured and no name is provided as a designated person in the UM/UIM endorsement, the policy has a certain and definite legal meaning which did not include coverage for occupants of a vehicle which was not owned or leased by the corporation.”)
White v. Schlumberger (Tex.App.–Houston [1st Dist.] April 13, 2006) [age and disability discrimination under chapter 21 of the Texas Labor Code, sj, burden shifting, pretext, legitimate nondiscriminatory explanation, fact issue, RIF, elimination of position]. AFFIRM TC JUDGMENT: Opinion by Justice Timothy Taft Before Justices Taft, Higley and Bland 01-05-00685-CV Jerry White v. Schlumberger Limited Appeal from 240th District Court of Fort Bend County (Hon. Thomas R. Culver, III)
McKnight v. Brown (Tex.App.–Houston [1st Dist.] April 13, 2006) [Abuse of process, false imprisonment, Section 1983 claim, proof of damages, no evidence, insufficient, conclusory affidavit)(prior successful habeas proceeding in 14thCoA, imprisonment for failure to pay attorneys fees, imprisonment for debt] AFFIRM TC JUDGMENT: Opinion by Justice Laura 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 (Hon. Lamar McCorkle)
Opinions Released April 4, 2006
Neely v. Comm'n for Lawyer Discipline (Tex.App.–Houston [1st Dist.] April 4 2006) [disciplinary rules, advertising for professional employment, recruitment of clients for class action] AFFIRM TC JUDGMENT: Opinion by Justice Elsa Alcala Before Chief Justice Radack, Justices Alcala and Bland 01-05-00377-CV George R. Neely v. Commission for Lawyer Discipline Appeal from 165th District Court of Harris County
======================================================================================================= First Court of Appeals Opinions Released in March 2006
Click here for ---> Jan - March 2006 Opinions Gee v. Mirwis (Tex.App.–Houston [1st Dist.] March, 2006) DISMISS APPEAL: Opinion by Justice Jane Bland Before Justices Taft, Higley and Bland 01-04-00883-CV Johnny H. Gee and Abiodun Henri Lagoye v. Etan Mirwis, Terry H. Sears, Victoria Woods Condominium Homeowner's Association, Genesis Community Management Inc., Genesis Property Management Inc., William C. Devane, and Lloyd's of London Insurance Company Appeal from 270th District Court of Harris County
Bank One v. Independence Bank (Tex.App.–Houston [1st Dist.] March, 2006) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jane Bland Before Justices Taft, Higley and Bland 01-04-00905-CV Bank One, N.A. v. Independence Bank Appeal from 11th District Court of Harris County
In re Sheppard (Tex.App.–Houston [1st Dist.] March, 2006) DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Chief Justice Radack Justice Alcala concurring 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 In re Sheppard - concurring opinion OPINION CONCURRING WITH THIS COURT'S JUDGMENT 01-05-00375-CV In re Robert D. Sheppard, M.D. & Emcard, Inc. Appeal from 151st District Court of Harris County
Pin Oak Center v. Travelers Lloyds Ins. Co. (Tex.App.–Houston [1st Dist.] March, 2006) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Taft, Higley and Bland 01-05-00530-CV Pin Oak Centre, Ltd. v. The Travelers Lloyds Insurance Company Appeal from 11th District Court of Harris County
Johnson v. Wood (Tex.App.–Houston [1st Dist.] March, 2006) AFFIRM TC JUDGMENT: Per Curiam Opinion Before Justices Nuchia, Keyes and Hanks 01-05-01074-CV Arthur Johnson v. Judge Mike Wood & Judge Jim Scanlan Appeal from Probate Court No 2 of Harris County
March 24, 2006
Guilbeau v. State of Texas (Tex.App.–Houston [1st Dist.] March 24, 2006) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Chief Justice Radack (Before Chief Justice Radack, Justices Alcala and Bland) 01-04-00691-CR Jon Benoit Guilbeau v. The State of Texas Appeal from 228th District Court of Harris County
Bode v. Frank’s International, Inc. (Tex.App.–Houston [1st Dist.] March 24, 2006)(pet denied 10/27/2006) (joint venture, breach of contract, summary judgment) AFFIRM TC JUDGMENT: Opinion by Justice Alcala (Before Chief Justice Radack, Justices Alcala and Bland) 01-04-00545-CV Alan Grant Bode as Executor of Estate of Robert E. Bode, and S.O.T.A.T., Inc. v. Frank's International, Inc., and Frank's Casing Crew and Rental Tools, Inc. Appeal from 165th District Court of Harris County
Ledig v. Duke Energy (Tex.App.–Houston [1st Dist.] March 24, 2006) (employment dispute, bonus, defamation, and other causes of action, recission, offset) AFFIRM TC JUDGMENT: Opinion by Justice Jennings (Before Justices Nuchia, Jennings and Higley) 01-04-00922-CV Peter J. Ledig v. Duke Energy Corporation and Duke Energy Trading and Marketing, L.L.C. Appeal from 55th District Court of Harris County
Bowie v. Karakat (Tex.App.–Houston [1st Dist.] March 24, 2006) (auto PI, negligence, negligent entrustment, no evidence summary judgment, elements) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack (Before Chief Justice Radack, Justices Jennings and Alcala) 01-04-00941-CV Reginald O'Neal Bowie, Sr. v. Lisa Jane Karakat and Gloria Broussard Appeal from 25th District Court of Colorado County
Nelson v. Chaney (Tex.App.–Houston [1st Dist.] March 24, 2006) (bill of review to set aside paternity default judgment, summary judgment affirmed) AFFIRM TC JUDGMENT: Opinion by Justice Keyes (Before Justices Nuchia, Keyes and Hanks) 01-04-01058-CV Donald Nelson v. Evangeline Chaney Appeal from 312th District Court of Harris County (Judge Jim Squier) Petitioner’s attorney: Ronald G. Ray Respondent’s attorneys: Kathryn Marie Diaz, Rhonda Pressley, John B. Worley
========================================================================================= Noteworthy Recent Cases from the First Court of Appeals
First Court of Appeals Denies Relief re: Andrea Yates' Retrial For Murdering Her Kids
In Re Andrea Yates (Tex.App.–Houston [1st Dist.] March 17, 2006) Criminal Causes Decided: DENY PETITION FOR WRIT OF PROHIBITION: Per Curiam Opinion Before Chief Justice Radack, Justices Taft and Nuchia 01-06-00221-CR In Re Andrea Pia Yates Appeal from 230th District Court of Harris County
Ex Parte Andrea Yates (Tex.App.–Houston [1st Dist.] March 16, 2006) AFFIRM TC JUDGMENT [trial court's denial of habeas corpus relief]: Opinion by Justice Nuchia [alleged prosecutorial misconduct based on false testimony by expert at trial; appellant failed to show DA had reason to question veracity of Dr. Dietz's testimony; no affirmative duty to independently investigate witness testimony before using it when State had no reason to doubt its veracity; no prosecutorial misconduct shown] Before Chief Justice Radack, Justices Taft and Nuchia 01-06-00222-CR EX PARTE ANDREA PIA YATES Appeal from 230th District Court of Harris County
Prior murder conviction reversed because of false testimony under oath by expert witness in Yates v. State, 171 S.W.3d 215 (Tex.App.--Houston [1st Dist.] 2005, pet, ref'd)