Civil Case Opinions by Justice Richard Edelman (Tex.App. Houston [14th Dist.] 2006)

Civil Case Opinions Authored by Houston Appeals Court Judge Richard Edelman

Loeser v. Sans One, Inc. (Tex.App.- Houston [14th Dist.] Feb. 9, 2006)(Edelman)
(personal injury suit by bar patron removed from premises)
AFFIRMED: Opinion by Justice Edelman
(Before Justices Edelman, Seymore and Guzman)
14-04-00162-CV David L. Loeser v. Sans One, Inc., d/b/a Sansone's West Oaks Bar and Gerald A. Gross
Appeal from 189th District Court of Harris County
Trial Court Judge: Samuel Grant Dorfman

Halm v. Halm (Tex.App.- Houston [14th Dist.] Feb. 2, 2006)(Edelman)
(restricted appeal, default judgment in family law case reversed, set aside)
REVERSED AND REMANDED: Justice Edelman
Before Justices Fowler, Edelman and Guzman
14-05-00123-CV        Joe Brent Halm v. Tamary Gray Halm
Appeal from 257th District Court of Harris County
Trial Court Judge: Linda MotheraI

In Re Tara Compton (Tex.App.- Houston [14th Dist.] Jan. 24, 2006)(Edelman)(SAPCR, MTV, venue law)
MOTION OR WRIT GRANTED: Opinion by Justice Edelman
Before Justices Edelman, Seymore and Guzman
14-05-00450-CV        In Re: Tara Compton
Appeal from 306th District Court of Galveston County (Judge Janis Louise Yarbrough)

Smith v. Landry's Crab Shack, Inc. (Tex.App.- Houston [14th Dist.] Jan. 3, 2006)(Edelman)
[business law, restaurant law, food poisoning claim, summary judgment]
AFFIRMED: Opinion by Justice Edelman
(Before Justices Edelman, Seymore and Guzman)
14-04-00354-CV        Liana S. Smith v. Landry's Crab Shack, Inc. d/b/ Joe's Crab Shack
Appeal from 215th District Court of Harris County (Judge Levi James Benton)

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 (Judge Brent C. Gamble)

Lloyd v. Crosby ISD (Tex.App.- Houston [14th Dist.] Mar. 27, 2006)(Edelman)(tax suit, bill of review)
AFFIRMED: Opinion by Justice Edelman
(Before Justices Anderson, Edelman and Frost)
14-00-01517-CV        Claude Hugh Lloyd, Jr. and Cassondra Jean Lloyd v. Crosby Independent School District,
Linda Lloyd Peters, Mary Beth Lloyd, Harris County, Harris County Education Department, Port of Houston of
Harris County Authority, Harris County Flood Control District, Harris County Hospital District Et Al
Appeal from 157th District Court of Harris County (Judge David Miguel Medina)

Kao Holdings v. Young (Tex.App.- Houston [14th Dist.] Nov. 21, 2006)(Justice Richard Edelman)
[default judgment]
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Justice Edelman, Justice Frost
Before Justices Anderson, Edelman and Frost
14-05-00398-CV        Kao Holdings, L.P. d/b/a Sebring Apartments and William Kao v. Annie Lee Young
Appeal from 151st District Court of Harris County
In this restricted appeal, Kao Holdings, L.P. d/b/a/ Sebring Apartments and William Kao appeal a default judgment
entered against them on the grounds that appellee, Annie Lee Young, failed to: (1) present legally or factually
sufficient evidence of damages; (2) sue and serve Kao in his individual capacity; and (3) include Kao Holdings in
her motion for default judgment. We affirm in part and reverse and remand in part.
Dissenting Opinion by Justice Frost

De Leon v. Tesco Corp (Tex.App.- Houston [14th Dist.] Nov. 16, 2006)(Edelman)
[employment law, alleged breach of release, subsequent suit, Mexican suit, declaratory judgment, UDJA attorney
fee award upheld, declaratory judgment claim not barred by BoC claim in same suit or by suit in Mexican court]
AFFIRMED: Justice Edelman
Before Justices Fowler, Edelman and Guzman)
14-04-00513-CV Jose Diaz De Leon v. Tesco Corporation
Appeal from 215th District Court of Harris County

Justice Edelman Writes Separate Opinion in Appeal of DTPA Suit Against Car Dealership over Zero-
Interest Financing / Lease

Huang v. McGill Toyota (Tex.App.-Houston [14th Dist.] Oct 19, 2006)(Seymore)(substitute op. on rehearing)
[Consumer law, DTPA, auto purchase, lease, damages]
AFFIRMED: Opinion by Justice Seymore
Before Justices Edelman, Seymore and Guzman
14-03-01287-CV Hong Huang, LaTonia Calamease, Isaak Golbraykh, Zhi Yuan Liu, Juan Ramon Mejia, Lie Kai
Pon, Yan Fen Xian, Guoyue Yu, Jing Yan Zhou, Chi-Chih Tsai, Jian-Feng Li, and Chiu K. Lee v. Don McGill
Toyota, Inc.--Appeal from 11th District Court of Harris County (Hon. Mark Davidson)
Concurring Opinion by Justice Edelman

Credit Card Holder Scores Partial Victory on Finance Charges - Justice Edelman Revises
Opinion

Hay v. Citibank (Tex.App.– Houston [14th Dist.] Sep. 14, 2006)(Justice Richard Edelman)(subst. opinion)
[consumer law, credit card debt, quantum meruit, SJ, partial reversal, bank failed to prove finance charges]
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Edelman
Before Justices Fowler, Edelman and Guzman
14-04-01131-CV Kelly K. Hay v. Citibank (South Dakota) N.A.
Appeal from Co Civil Ct at Law No 2 of Harris County (Judge Gary Michael Block)

Gantt v. Gantt (Tex.App.- Houston [14th Dist.] Aug. 31, 2006)(Edelman)(substituted opinion)
[family law, divorce, appellate procedure, bankruptcy stay, untimely notice of appeal, DWOJ, law of the case]
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 309th District Court of Harris County (Judge Frank Barlow Rynd)
(“We overrule appellee’s motion for rehearing, withdraw our opinion issued in this case on April 13, 2006, and
issue this substitute opinion in its place. In this divorce case, the parties appeal and cross-appeal a 2003 divorce
decree and final judgment (the “2003 judgment”) on numerous grounds. We dismiss for lack of subject matter
jurisdiction.“)

Madeksho v. Watkins (Tex.App.- Houston [14th Dist.] Aug. 31, 2006)(Edelman)
[attorney’ fee dispute, jurisdiction, plenary power, severance]
AFFIRMED: Opinion by Justice Edelman
Before Justices Fowler, Edelman and Guzman)
14-04-01062-CV Lawrence Madeksho v. Abraham Watkins, Nichols & Friend (A Partnership) and The Law Offices
of Robert E. Ballard, P.C
Appeal from 165th District Court of Harris County (Judge Elizabeth Ray)

Santacruz v. State (Tex.App.- Houston [14th Dist.] Aug. 31, 2006)(Justice Richard Edelman)(criminal case)
REVERSED AND REMANDED: Opinion by Justice Edelman
Before Justices Anderson, Edelman and Frost)
14-05-00227-CR Alejandro V. Santacruz v. The State of Texas
Appeal from 208th District Court of Harris County
(“In this case, the complainant’s statements on the 911 tape provided the only direct evidence of the aggravating
element of the offense, i.e., that appellant assaulted her with a deadly weapon.
Because we are thus unable to conclude, beyond a reasonable doubt, that this error did not contribute to
appellant’s conviction, we sustain his second issue, reverse his conviction, and remand the case to the trial court.”)

Justice Edelman Writes Separately in DWI Case

Mount v. State (Tex.App.- Houston [14th Dist.] Aug. 8, 2006)(majority opinion by Justice Frost)(criminal case)
[criminal law, police procedure, probable cause, arrest for DWI in the course of other criminal investigation, stop]
AFFIRMED: Opinion by Justice Frost
Before Justices Anderson, Edelman and Frost
14-05-00842-CR Mike Seymour Mount v. The State of Texas
Appeal from Co Crim Ct at Law No 11 of Harris County
Appellant Mike Seymour Mount appeals his conviction for the misdemeanor offense of driving while intoxicated
(“DWI”). In four issues, appellant asserts that the trial court erred in failing to strike an allegedly biased venire
member for cause, and in denying his motion to suppress. We affirm.
Concurring opinion by Justice Edelman

Davis v. State of Texas (Tex.App.– Houston [14th Dist.] Aug. 1, 2006)(Edelman) (criminal case)
[DWI conviction reversed]
REVERSED AND REMANDED: Opinion by Justice Edelman
Before Justices Edelman, Seymore and Guzman)
14-03-00585-CR John B. Davis v. The State of Texas
Appeal from Co Crim Ct at Law No. 6 of Harris County
Concurring Opinion by Justice Seymore

Malone v. State (Tex.App.– Houston [14th Dist.] August 3, 2006)(Justice Richard Edelman)(criminal case)
[drug possession, informant, NOTE: The vast majority of criminal appeals are dismissed or denied; only reversals
or cases with separate opinions are reported here]
REVERSED AND ACQUITTAL: Opinion by Justice Edelman
Before Justices Fowler, Edelman and Guzman
14-05-00033-CR Malone, James v. The State of Texas
Appeal from 23rd District Court of Brazoria County
(“Because the corroborating evidence necessary to sustain appellant’s conviction is lacking, we sustain appellant’s
first issue and thus need not address his second issue. Accordingly, we reverse the judgment of the trial court
and render judgment of acquittal.”)

Madeskho v. Watkins (Tex.App.– Houston [14th Dist.] Aug. 1, 2006)(by Edelman)
[attorney’s fee dispute, admission of evidence on reasonableness of fees, settlement agreement, attorney fee
sharing action]
AFFIRMED: Opinion by Justice Richard Edelman
Before Justices Fowler, Edelman and Guzman
14-04-01062-CV Lawrence Madeksho v. Abraham Watkins, Nichols & Friend (A Partnership) and The Law Offices
of Robert E. Ballard, P.C
Appeal from 165th District Court of Harris County (Judge Elizabeth Ray)

Justice Edelman Dissents on Reinstatement Issue

Keough v. Cyrus (Tex.App.–Houston [14th Dist.] July 13, 2006)(Justice Guzman)(on motion for rehearing)
[dismissal for failure to appear, dismissed for want of prosecution (DWOP), denial of reinstatement affirmed]
AFFIRMED: Opinion by Justice Guzman
Before Justices Edelman, Seymore and Guzman
14-04-00660-CV Ann Keough v. Cyrus USA Inc. D/B/A Ace Limousine Services and Hamid Reza Mirabi
Appeal from County Civil Court at Law No 4 of Harris County
Dissenting Opinion by Justice Edelman (on motion for rehearing)

In Re Sunil Dupte (Tex.App.-Houston [14th Dist.] July 11, 2006)(Justice Richard Edelman)
[mandamus, final judgment, finality, trial court jurisdiction expired, no jurisdiction to set aside judgment, enter
reinstatement order, order signed outside period of plenary power must be vacated, mandamus granted]
MOTION OR WRIT GRANTED: Opinion by Justice Edelman
Before Justices Anderson, Edelman and Frost
14-06-00203-CV In Re: Sunil Dupte
Appeal from 152nd District Court of Harris County (Judge Ken Wise)

Credit card holder scores partial victory over finance charges

Hay v. Citibank (Tex.App.–Houston [14th. Dist.] June 27, 2006)(Note: this opinion was superseded by
substitute opinion issued Sep. 14, 2006)
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 Co Civil Ct 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.”)

Justice Edelman affirms dismissal of inmate's suit alleging tort claims and constitutional violations

Burnett v. Texas Department of Criminal Justice (Tex.App.- Houston [14th Dist.] May 4, 2006)(Edelman)
[inmate suit dismissed, TTCA, tort claims]
AFFIRMED: 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 (Hon. Kenneth Keeling)

Forde v. Martinez (Tex.App.-Houston April 13, 2006)(Edelman)
[denial of retroactive child support affirmed, Family Code factors to be considered by trial court in determining how
much should be ordered, if any]
Forde v. Martinez (Tex.App.-Houston [14th Dist.] April 13, 2006)(Justice Edelman)
[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)

Lennar Corp. v. Great American Ins. Co. (Tex.App.-Houston [14th Dist] March 30, 2006)
(separate opinion 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 Title Co., 191 S.W.3d 728 (Tex.App.- Houston [14th Dist.] 2006, pet. denied)
Home Loan Corp. v. Texas American Title Company (Tex.App.-Houston [14th Dist.] March 30, 2006 pet. denied
6/1/2007)(Edelman)
[real estate law, escrow agent, fiduciary duty, duty of disclosure, residential mortgage, secondary market]
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 (Judge Brent Gamble)

Lloyd v. Crosby IDS (Tex.App.- Houston [14th Dist.] March 23, 2006)(Justice Edelman)
[civil procedure, bill of review elements, prima facie, meritorious defense, not barred by law]
AFFIRMED: Opinion by Justice Edelman
Before Justices Anderson, Edelman and Frost
14-00-01517-CV Claude Hugh Lloyd, Jr. and Cassondra Jean Lloyd v. Crosby Independent School District, Linda
Lloyd Peters, Mary Beth Lloyd, Harris County, Harris County Education Department, Port of Houston of Harris
County Authority, Harris County Flood Control District, Harris County Hospital District Et Al
Appeal from 157th District Court of Harris County

Justice Edelman Writes Separately in Second Appeal of Tort Liability Case Against City of Houston

City of Houston v. Harris II Majority Opinion (Tex.App.–Houston [14th Dist.] March 16, 2006)(by Justice Guzman)
[governmental entities law, Texas Tort Claims Act, TTCA, City held to be immune under the facts of the case, law
of the case doctrine does not apply, trial court’s denial of City plea to the jurisdiction reversed and case dismissed
for want of jurisdiction]
REVERSED AND RENDERED: Opinion by Justice 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 County Civil Court at Law No 3 of Harris County (Judge Lynn M. Bradshaw-Hull)
City of Houston v. Harris II Concurring Opinion by Justice Edelman

Stringfellow v. Fontenot (Tex.App-Houston [14th Dist.] March 16, 2006)(Edelman)
[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 County Civil Court at Law No 4 of Harris County (Hon Roberta Anne Lloyd)

Falcon Telecable, a California Limited Partnership d/b/a Charter Communications-
Appeal from 281st District Court of Harris Count

Naschke v. Gulf Coast Conference (Tex.App.- Houston [14th Dist.] Feb. 7, 2006)(Edelman)(attorneys fees)
AFFIRMED: Justice Edelman
Before Justices Edelman, Seymore and Guzman
14-04-00687-CV Mary Jo Naschke d/b/a M.J. Naschke Public Relations v. Gulf Coast Conference d/b/a
International Wellness Conference and Bob Kibler, Individually
Appeal from Co Civil Ct at Law No 4 of Harris County (Judge Cynthia Crowe)

Engineer v. Engineer (Tex.App.- Houston [14th Dist.] Jan. 31, 2006)(Edelman)
(mediated divorce settlement agreement, arbitration decision, decree inconsistent with agreement)
REVERSED AND REMANDED: Opinion by Justice Edelman
(Before Justices Brock Yates, Edelman and Guzman)
14-03-00660-CV        Katy Engineer v. Mike Engineer
Appeal from 387th District Court of Fort Bend County (Hon. Robert Kern)

Smith v. Landry's Crab Shack, Inc. (Tex.App.- Houston [14th Dist.] Jan. 3, 2006)(Edelman)
[biz, restaurant law, food poisoning claim, summary judgment]
AFFIRMED: Opinion by Justice Edelman
(Before Justices Edelman, Seymore and Guzman)
14-04-00354-CV        Liana S. Smith v. Landry's Crab Shack, Inc. d/b/ Joe's Crab Shack
Appeal from 215th District Court of Harris County (Judge Levi James Benton)