Opinions by Justice John Anderson (Tex.App.- Houston [14th Dist.] 2006)

2006 Opinions by Justice John Anderson (mostly civil appeals)

4901 Main Inc. v. TAS Automotive, Inc. dba European Autoworks of Houston (Tex.App.- Houston [14th Dist. Feb. 2,
2006)(Anderson)
(commercial dispute, small business, breach of contract, lease, jury charge error)
AFFIRMED: Justice Anderson
Before Justices Brock Yates, Anderson and Hudson
14-04-00563-CV        4901 Main Inc. v. TAS Automotive, Inc. dba European Autoworks of Houston
Appeal from County Civil Court at Law No 3 of Harris County (Judge Bradshaw-Hull)

Hull v. TWC (Tex.App.- Houston [14th Dist.] Dec. 21, 2006)(Anderson)(judicial review of TWC ruling)
[payday law claim, election of remedies, judicial review of administrative determination by TWC, exhaustion of
remedies, untimely administrative request for rehearing, jurisdiction DWOJ by trial court]
AFFIRMED: Opinion by Justice Anderson
Before Justices Anderson, Edelman and Frost
14-05-00785-CV Donald Wayne Hull v. Texas Workforce Commission
Appeal from Co Civil Ct at Law No 4 of Harris County (Hon. Roberta Anne Lloyd)
Concurring Opinion by Justice Frost

Koeing v. First American Title Ins. Co. (Tex.App.- Houston [14th Dist.] Dec. 14, 2006)(Anderson)
[home owner law, title insurance policy, coverage dispute, adverse possession, summary judgment]
AFFIRMED: Opinion by Justice Anderson
Before Justices Anderson, Edelman and Frost)
14-05-00209-CV        Michael Koeing and Deborah Koeing v. First American Title Insurance Company of
TexasAppeal from 270th District Court of Harris County (Judge Brent Gamble)

Exxon v. Altimore (Tex.App.- Houston [14th Dist.] Dec. 7, 2006)(Anderson)(substitute opinion on rehearing)
[asbestos liability]
REVERSED AND RENDERED: Opinion by Justice Anderson
Before Justices Anderson, Edelman and Seymore
14-04-01133-CV        Exxon Mobile Corporation v. Louise Altimore
Appeal from 405TH District Court of Galveston County
("This case presents the issue of whether appellant, Exxon Mobil Corporation, owes a duty to an employee=s wife
injured by exposure to asbestos brought home on her husband's work clothing, at a time when such an injury was
considered a medical curiosity.")
("Exxon appeals a judgment on a jury verdict in favor of appellee, Louise Altimore, for damages sustained from
contracting mesothelioma by allegedly breathing asbestos dust brought home on her husband's work clothes.
Because, under the facts of this case, we hold Exxon did not owe appellee a duty, we reverse the judgment of the
trial court and render judgment that appellee take nothing on her claims against Exxon.")

Apache Corp. v. Dynegy (Tex.App.- Houston [14th Dist.] Dec. 7, 2006)(Anderson)
[bizlaw, gas contract, breach of contract, unfair trade practices, UDJA, attorney fees]
AFFIRMED AS MODIFIED: Opinion by Justice Anderson
Before Chief Justice Hedges, Judge Murphy, Justice Anderson
14-05-00010-CV        Apache Corporation v. Dynegy Midstream Services Limited Partnership and Versado Gas
Processors, LLC--Appeal from 234th District Court of Harris County

Resendez v. State of Texas (Tex.App.-Houston [14th Dist.] Nov. 28, 2006)(Anderson)(criminal case)
[murder conviction reversed]
REVERSED AND REMANDED: Justice Anderson
Before Justices Anderson, Edelman and Frost
14-05-00098-CR Resendez, Angel v. The State of Texas
Appeal from 182nd District Court of Harris County

In re MYW (Tex.App.- Houston [14th Dist.] Nov. 21, 2006)(Anderson)
AFFIRMED: Justice Anderson
Before Justices Anderson, Hudson and Guzman
14-06-00185-CV        In the Interest of M.Y.W and C.C.W., Minor Children
Appeal from 300th District Court of Brazoria County

Flagship Hotel v. Hayward (Tex.App.- Houston [14th Dist.] Nov. 16, 2006)(Anderson)
REVERSED AND RENDERED: Justice Anderson
Before Justices Anderson, Hudson and Guzman)
14-05-00830-CV Flagship Hotel, LTD v. Anthony B. Hayward
Appeal from 10th District Court of Galveston County

City of Houston v. City of Webster (Tex.App.-Houston [14th Dist.] Nov. 14, 2006)(Anderson)
DISMISSED: Justice Anderson
Before Justices Anderson, Hudson and Guzman
14-06-00485-CV City of Houston v. City of Webster
Appeal from 334th District Court of Harris County (Hon. Sharon McCally)

Slaughter v. State of Texas (Tex.App. - Houston [14th Dist.] Oct. 3, 2006)(Anderson)(criminal case)(evading arrest)
AFFIRMED: Opinion by Justice Anderson
(Before Justices Anderson, Edelman and Frost)
14-05-00863-CR Herman Jason Slaughter v. The State of Texas
Appeal from 180th District Court of Harris County
Concurring opinion by Justice Frost in Slaughter v. Texas (online opinion not available)

Armelin v. State of Texas (Tex.App.- Houston [14th Dist.] Oct. 3, 2006)(Anderson)(criminal case)(stalking)
AFFIRMED: Opinion by Justice Anderson
(Before Justices Anderson, Edelman and Frost)
14-05-00680-CR Armelin, Wayne v. The State of Texas
Appeal from 232nd District Court of Harris County
Concurring opinion by Justice Frost in Armelin v. Texas

Suit Against City and Official Dismissed Without Opportunity to Amend Even Though Plaintiff
Could Have Stated Federal Constitutional False Arrest Claim Pursuant to Section 1983

Cronen v. Ray and City of Houston (Tex.App.- Houston [14th Dist.] Sep. 5, 2006)(Anderson)
[governmental entity law, sovereign immunity, panhandling arrests challenged, false arrest, false imprisonment,
negligence]
AFFIRMED: Opinion by Justice Anderson
Before Justices Anderson, Edelman and Frost)
14-05-00788-CV Charles D. Cronen v. John R. Ray and the City of Houston, Texas
Appeal from 127th District Court of Harris County (Judge Sharolyn P. Wood)
("As all of appellant's causes of action are barred by governmental immunity, the trial court did not err in granting
appellees' Special Exceptions and Pleas to the Jurisdiction and Alternatively Motions for Summary Judgment.")

Open-Courts Challenge to Sovereign Immunity Doctrine Rejected

Cronen v. Ray and City of Houston (Tex.App.- Houston [14th Dist.] Sep. 5, 2006)(Anderson)
AFFIRMED: Opinion by Justice Anderson
Before Justices Anderson, Edelman and Frost)
14-05-00789-CV Charles D. Cronen v. John R. Ray and the City of Houston, Texas
Appeal from 127th District Court of Harris County (Hon Sharolyn Wood)
("Appellant's Open Courts argument implicates the third guarantee: whether sovereign immunity unconstitutionally
deprived him of a meaningful legal remedy. Appellant complains that this court, by upholding the trial court's
dismissal of his causes of action pursuant to sovereign immunity law, would violate the Open Courts provision.
Appellant does not complain of any legislative action that prevents him from maintaining his lawsuits. Since
appellant does not challenge a legislative act that abridges a cognizable common law claim, his Open Courts
challenge is without merit. Id.")

Discovery Sanctions For Harassing Deposition Questions About Extramarital Affair Affirmed

Clark v. Bres (Tex.App.- Houston [14th Dist.] Sep. 5, 2006)(Anderson)
[residential construction contractors, breach of contract, counterclaims, fraud, allegedly improper jury argument,
sanctions for discovery abuse, harassing questions in deposition]
AFFIRMED: Opinion by Justice Anderson
Before Justices Anderson, Edelman and Frost)
14-05-00482-CV John Clark III, Individually and d/b/a Celtic Constructors and Betty Stovall (KIT) Clark v. Tom Bres
and Jan Bres a/k/a Jon Holzinger
Appeal from 80th District Court of Harris County (Judge Kent Sullivan)

Polmounter v. Keystone Food (Tex.App.- Houston [14th Dist.] Sep. 5, 2006)(Anderson)
[prisoner suit over food poisoning, summary judgment, NE-MSJ, evidence, negligence, no fact issue re: causation
element, deemed admissions]
AFFIRMED: Opinion by Justice Anderson
Before Justices Anderson, Edelman and Frost)
14-05-00560-CV Robert Polmounter v. Keystone Food Products, Inc.
Appeal from 278th District Court of Grimes County (Hon. Kenneth Keeling)

Walker v. Thomasson Lumber Co (Tex.App. - Houston [14th Dist.] Aug. 29, 2006)(Anderson)
[product liability, utility poles, fall from pole, NE-SJ for defendant affirmed; spoliation presumption]]
AFFIRMED: Opinion by Justice Anderson
Before Justices Anderson, Edelman and Frost
14-04-01217-CV Michael Alan Walker v. Thomasson Lumber Company and Cahaba Pressure Treated Forest
Products, Inc.--Appeal from 270th District Court of Harris County (Judge Brent Gamble)

City of Houston v. Soriano (Tex.App. - Houston [14th Dist.] Aug. 29, 2006)(Anderson)
[governmental entity law, workers comp, self-insurance, subrogation, third-party tortfeasor]
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Anderson
Before Justices Anderson, Hudson and Edelman
14-05-00161-CV City of Houston v. Dahlia Soriano, Willie O. Thomas, Nicole Pelrean, and Carl Noon
Appeal from 151st District Court of Harris County (Judge Caroline Elizabeth Baker)

In Re Grover (Tex.App. - Houston [14th Dist.] Aug. 29, 2006)(Anderson)
MOTION OR WRIT DENIED: Opinion by Justice Frost
Before Justices Fowler, Edelman and Frost
14-06-00726-CV In Re: Bernard Grover
Appeal from 246th District Court of Harris County (Judge Bonnie Crane Hellums)

Justice Anderson Rejects Widow's Asbestos Liability Claim

Exxon Mobile Corp. v. Altimore (Tex.App.– Houston [14th Dist.] Aug. 1, 2006)(by Anderson)
[asbestos liability claim based on exposure through husband’s work clothes fails, defendant had no duty]
REVERSED AND RENDERED: Opinion by Justice Anderson
Before Justices Anderson, Edelman and Seymore
14-04-01133-CV Exxon Mobile Corporation v. Louise Altimore
Appeal from 405th District Court of Galveston County (Judge Wayne J. Mallia)
(“Having found Exxon did not owe appellee a duty, we reverse the judgment of the trial court and render judgment
that appellee take nothing on her claim against Exxon.”)

UTMB Prevails Thanks to Sovereign Immunity

UTMB v. Thompson (Tex.App.–Houston [14th Dist.] June 20, 2006)(Anderson)
[governmental entity law, TTCA. denial of university’s plea to the jurisdiction reversed, judgment of dismissal
rendered, sovereign immunity not waived]
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.)
The trial court denied appellant’s plea to the jurisdiction and this interlocutory appeal followed pursuant to Tex. Civ.
Prac. & Rem. Code Ann. §51.014(a)(8) (Vernon Supp. 2005).
Holding: Appellee’s suit does not invoke the limited waiver of immunity found in the Tort Claims Act for two reasons.
First, appellee’s allegations do not meet the Tort Claims Act’s requirement that tangible state personal property
cause appellee’s injury. See Tex. Civ. Prac. & Rem. Code Ann. §101.021(2). Second, the substance of appellee’s
claim is that appellant failed to timely diagnose and treat appellee’s appendicitis. Tangible State Personal Property
Did Not Cause Appellee’s Injury. Reversed and Rendered

Appeal Dismissed Based on Statement of Third Party

In re S.W.O. (Tex.App–Houston [14th Dist.] June 8, 2006)(Anderson)
[appellate procedure, 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

Johnson v. Texas Genco (Tex.App.– Houston [14th Dist.] May 23, 2006)(Anderson)
[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)

Family Court Judge Warne's Contempt Order Found Void

In re: Stenson (Tex.App. - Houston [14th Dist.] May 11, 2006)(Anderson)
[family law, child support enforcement, habeas corpus relief granted, ambiguous order of contempt is void, court
did not address whether attorneys fees enforceable by contempt, release ordered]
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)
Holding and decision: Because we conclude that the contempt order is void, we grant relator’s habeas corpus
petition, order relator released from the bond set by this Court on February 8, 2006, and order relator discharged
from custody. ... The section of the trial court’s contempt order covering Katherine’s enforcement motion is void
because it is based on an unenforceable decree and the term of relator’s incarceration is unclear as contained in
the order. Accordingly, we grant relator’s petition for writ of habeas corpus as discussed above. We do not address
relator’s issue concerning Brupbacher’s enforcement motion. We further order relator released from the bond set
by this Court on February 8, 2006, and order relator discharged from custody.

Family Barred From Recovery of Damages for Man's Workplace Death

Hernandez v. Harsco Corp (Tex.App.-Houston [14th Dist.] April 18, 2006)(Anderson)
[workplace safety, death, negligence, duty, proximate cause, sj 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

Sanchez de Arrellano v. State Farm (Tex.App.-Houston, April 11, 2006)(Anderson)
[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

Prisoner Suit Dismissed

Hardy v. Villereal (Tex.App.–Houston [14th Dist.] March 28 2006)(Anderson)
[pro se inmate suit dismissed, IFP]
AFFIRMED: Opinion by Justice Anderson
Before Justices Anderson, Edelman and Frost
14-04-00821-CV Charles Ray Hardy v. Argelio Villereal and Texas Department of Criminal Justice Institutional
Division
Appeal from 23rd District Court of Brazoria County

4901 Main Inc. v. TAS Automotive, Inc. dba European Autoworks of Houston (Tex.App.- Houston [14th Dist. Feb. 2,
2006)(Anderson)
AFFIRMED: Justice Anderson
Before Justices Brock Yates, Anderson and Hudson
14-04-00563-CV        4901 Main Inc. v. TAS Automotive, Inc. dba European Autoworks of Houston
Appeal from Co Civil Ct at Law No 3 of Harris County

Daughtery v. Jacobs (Tex.App.- Houston [14th Dist. Jan 19, 2006)(Anderson)(DTPA car repair, consumer law)
AFFIRMED AS MODIFIED: Opinion by Justice Anderson
Before Chief Justice Hedges, Justices Brock Yates and Anderson
14-04-00682-CV        Ken Daugherty v. Mel Jacobs
Appeal from 80th District Court of Harris County (Judge Kent Sullivan)