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

2006 Opinions by Justice Fowler

Marrot Communications, Inc. v. Spring Branch Medical Center, Inc. (Tex.App.- Houston [14th Dist.] Feb. 21, 2006)
(Fowler) (breach of contract, attorney's fees)
AFFIRMED: Opinion by Justice Fowler
(Before Justices Fowler, Edelman and Guzman)
14-04-00462-CV        Marrot Communications, Inc. v. Spring Branch Medical Center, Inc.
Appeal from 234th District Court of Harris County
Trial Court Judge: Bruce D. Oakley

Harmon v. Bitzer (Tex.App.- Houston [14th Dist.] Feb 21, 2006)(Fowler)
(restricted appeal, clarification of a domestic relations order, attorneys fees)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Fowler
(Before Justices Fowler, Edelman and Guzman)
14-04-00921-CV        Kimberly Ann Harmon f/k/a Kimberly Ann Bitzer v. Alan Howard Bitzer
Appeal from 247th District Court of Harris County
Trial Court Judge: Judge Bonnie Crane Hellums

Zarco v. State (Tex.App.- Houston [14th Dist.] Dec. 21, 2006)(Fowler)(criminal case)
AFFIRMED: Opinion by Justice Fowler
Before Justices Fowler, Edelman and Guzman
14-04-01125-CR Zarco, Andrew v. The State of Texas
Appeal from 339th District Court of Harris County
Concurring Opinion by Justice Guzman

Charette v. Fitzgerald (Tex.App.- Houston [14th Dist.] Dec. 21, 2006)(Frost)
AFFIRMED AS MODIFIED: Opinion by Justice Frost
Before Justices Fowler, Edelman and Frost
14-05-00918-CV Mary Helen Charette and Gilfred Charette v. Kassie Fitzgerald and John Blake Fitzgerald
Appeal from 334th District Court of Harris County

Garcia v. Sellers Bros. (Tex.App.- Houston [14th Dist.] Nov. 21, 2006)(Fowler)
AFFIRMED: Justice Fowler
Before Justices Fowler, Edelman and Frost
14-05-00954-CV        Mario Olga Garcia v. Sellers Bros. Inc.
Appeal from 215th District Court of Harris County

In re Jelks (Tex.App.- Houston [14th Dist.] Nov. 9 2006)(Fowler)
DISMISSED: Per Curiam
Before Justices Fowler, Edelman and Frost
14-06-00961-CV        IN RE: EUGENE JELKS JR--Appeal from 185th District Court of Harris County

In Re Walter Homes (Tex.App.- Houston [14th Dist.] Nov. 9 2006)(Fowler)
[arbitration, motion to compel]
MOTION OR WRIT GRANTED: Justice Fowler
Before Justices Fowler, Edelman and Frost
14-06-00635-CV        In Re: Jim Walter Homes, Inc.
Appeal from 149th District Court of Brazoria County
("In this original proceeding, relator, Jim Walter Homes, Inc., seeks a writ of mandamus ordering respondent, the
Honorable Robert May, presiding judge of the 149th Judicial District Court of Brazoria County, Texas, to vacate
the portion of his June 16, 2006 order that denied arbitration. Real parties Sarah Cryer, individually and on
behalf of Mildred Wooten, also seek a writ of mandamus. Plaintiffs, however, request that the court be ordered to
vacate the portion of the June 16 order that compelled arbitration. We have reviewed the arbitration clause and
hold that arbitration of all the claims plaintiffs have asserted against Jim Walter Homes is required, so we
conditionally grant Jim Walter Homes’s petition. Because we are without jurisdiction to review an order compelling
arbitration under the Federal Arbitration Act, we dismiss plaintiffs’ petition for lack of
jurisdiction.")

Justice Fowler Rejects Homosexual Lover's Claim to Partner's Estate as Contrary to Public
Policy in Texas

Ross v. Go l dstein (Tex.App.– Houston [14th Dist.] Sep. 14, 2006)(Fowler)
[family law, probate, equitable claim to property rights based on same sex marriage like relationship claim rejected
as contrary to Texas statute and constitution barring recognition of same-sex marriage, breach of fiduciary duty
claim against executor of estate rejected, special exceptions sustained, sufficiency of pleadings, dismissal of
causes of actions not excepted to reversed]
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Fowler
Before Justices Hudson, Fowler and Seymore
14-05-00405-CV William Ross v. Scott Farrell Goldstein, as Independent Administrator of Estate of John David
Green, Deceased
Appeal from Probate Court No 1 of Harris County (name of judge omitted from docket sheet)

Men Who Fell From Roof Loses Appeal

Hill v. Consolidated Concepts (Tex.App.- Houston [14th Dist.] Aug. 31, 2006)(Fowler)
[workplace safety, fall from roof, negligence, gross negligence, admission of evidence, collateral source doctrine,
improper jury argument]
AFFIRMED: Opinion by Justice Fowler
Before Justices Hudson, Fowler and Frost)
14-05-00345-CV John Earnest Hill Jr.; John Anthony Hill, Matthew David Hill, and Gracie Love Hill, Minor Children
by and through next friend John Earnest Hill. Jr.; and Christina Hill, Wife of John Earnest Hill, Jr., v. Consolidated
Concepts Inc.
Appeal from 165th District Court of Harris County (Judge Elizabeth Ray)

Suit for Child Support Past 18 Fails on Standing Grounds

Rasback v. Phillips (Tex.App.- Houston [14th Dist.] Aug. 24, 2006)(Fowler)
[family law, child support past 18, disabled adult child, standing to sue, capacity, no standing, no jurisdiction, no
denial of access to courts because representative may sue to vindicate adult child’s rights]
AFFIRMED: Opinion by Justice Fowler
Before Justices Hudson, Fowler and Seymore
14-05-00576-CV Roger Duane Rasbach, Jr. v. Jane Phillips, as Surviving Parent and Bank of America, N.A., as
Trustee for the Winne Arnett Phillips Trust, the Herbert Houghton Phillips Trust, and/or any other trust and/ or
substrusts having Jane Phillips as Beneficiary and/or other Financial Interest
Appeal from 257th District Court of Harris County (Judge Linda Motheral, former family district court judge)

Lathrop v. Momentum Motor Cars (Tex.App.- Houston [14th Dist.] Aug. 24, 2006)(Fowler)
[civil procedure, no-evidence motion for summary judgment SJ, negligent entrustment]
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Fowler
Before Justices Fowler, Edelman and Guzman
14-04-01176-CV Cynthia J. Lathrop v. Momentum Motor Cars, Ltd. d/b/a Momentum BMW
Appeal from 113th District Court of Harris County (Judge Patricia Ann Hancock)

Homeowner Looses In Spat With City

Lee v. City of Houston (Tex.App.- Houston [14th Dist.] Aug. 8, 2006)(Fowler)
[real estate law, municipal ordinance, repair to property, due process]
AFFIRMED: Opinion by Justice Fowler
Before Justices Hudson, Fowler and Seymore
14-05-00366-CV Susan C. Lee v. City of Houston
Appeal from 295th District Court of Harris County (Judge Tracy Kee Christopher)

Lousy Briefing Dooms Appeal

Roundtree v. Otto (Tex.App.– Houston [14th Dist.] Aug. 1, 2006)(by Fowler)
[inadequate appellate briefing, citation of authority and record]
AFFIRMED: Opinion by Justice Fowler
Before Justices Hudson, Fowler and Seymore
14-05-00069-CV Carol Roundtree and Kelley Palmer, Individually and as next of friends of Amanda, Palmer,
Benjamin Palmer and Brain Palmer, Minors v. Steve Otto d/b/a KNS Construction Services; KNS Construction SVS
and Allstate Texas Lloyds Co.
Appeal from 133rd District Court of Harris County (Judge Lamar McCorkle)

Bounds v. Cole & Ashcroft (Tex.App.–Houston [14th Dist.] June 22, 2006)(by Fowler)
[sale of store, sj, fraud, breach of contract, misrepresentation, merger clause, statute of limitations; fraud claim
barred by merger clause in asset purchase agreement]
AFFIRMED: Opinion by Justice Fowler
Before Justices Hudson, Fowler and Seymore
14-05-00064-CV Tim Bounds v. Cole & Ashcroft
Appeal from 152nd District Court of Harris County (Judge not listed; presumably Ken Wise)
(“We hold that Bounds’s fraud claim is barred by the merger clause in the asset purchase agreement, and
consequently we do not reach Bounds’s contention that Cole & Ashcroft failed to establish the affirmative
defenses of ratification and waiver as to fraud.”)

Sampson v. Stone Street Services, Inc. (Tex.App.–Houston [14th Dist.] June 22, 2006)(by Fowler)
[timeliness of appeal, effect of request for findings of fact, when relevant to appeal]
DISMISSED: Opinion by Justice Fowler
Before Justices Hudson, Fowler and Seymore
14-05-00627-CV Christine M. Sampson, Guardian of the Estate of Sidney Everett Landrum, an Incapacitated
Person v. Stone Street Services, Inc.
Appeal from Probate Court No 1 of Harris County (Name of Trial Court judge not listed)

Lain v. Safeco Inc. Co. (Tex.App.–Houston [14th Dist.] June 22, 2006)(by Fowler)
[in surance coverage dispute, uninsured motorist, appeal from summary judgment dismissed because it is
interlocutory, not final because claims not addressed in summary judgment remained pending, even though
“closed” stamped on page]
DISMISSED: Opinion by Justice Fowler
Before Justices Fowler, Frost and Seymore
14-05-00849-CV Derek Lai and Ching Wang Chu v. Safeco Insurance Company of Illinois
Appeal from Co Civil Ct at Law No 3 of Harris County (Judge Lynn M. Bradshaw-Hull)

Older 2006 Opinions by Justice Wanda Fowler

Kheir v. Progressive County Mutual Ins. Co. (Tex.App.–Houston [14th Dist.] June 13, 2006)(Fowler)(consumer law)
[conversion involving car, car title, DTPA, breach of contract, negligent representation, fraud, conspiracy,
conversion, and wrongful repossession, declaratory relief and specific performance; subrogation; denial of order
undeeming deemed admissions not an abuse of discretion; good cause not established by proper evidence; legal
sufficiency of award of exemplary damages]
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Fowler
Before Justices Hudson, Fowler and Seymore
14-04-00694-CV Said Kheir a/k/a Benny Kheir, Individually, C & S Sports & Imports and Remington International
v. Progressive County Mutual Insurance Company, as Subrogee of Jose Antonio Valdes
Appeal from Co Civil Ct at Law No 4 of Harris County (Judge Cynthia Crowe)

Robinson v. Crown Cork & Seal Company, Inc. (Tex.App.- Houston [14th Dist.] May 4, 2007)(Fowler)
[asbestos suit, legislated protection for defendants, retroactive law challenge denied]
AFFIRMED: Justice Fowler
(Before Chief Justice Hedges, Justices Fowler and Frost)
14-04-00658-CV Barbara Robinson, Individually and as Representative of the Estate of John Robinson,
Deceased v. Crown Cork & Seal Company, Inc.
Appeal from 55th District Court of Harris County (Judge Jeff Brown)
Dissenting opinion by Justice Frost in Robinson, Individually and as Representative of the Estate of John
Robinson, Deceased v. Crown Cork & Seal Company, Inc.
(criticising majority for denying challenge to retroactive law in violation of Texas constitution)
(Before Chief Justice Hedges, Justices Fowler and Frost)
14-04-00658-CV Barbara Robinson, Individually and as Representative of the Estate of John Robinson,
Deceased v. Crown Cork & Seal Company, Inc.--Appeal from 55th District Court of Harris County

Kemp v. Havens (Tex.App.-Houston [14th Dist.] April 27, 2006)(Fowler)(PI-auto, damages)
AFFIRMED: Opinion by Justice Fowler
Before Justices Hudson, Fowler and Seymore
14-05-00060-CV Diana J. Kemp v. Rebecca D. Havens
Appeal from Co Civil Ct at Law No 4 of Harris County (Hon. Roberta Anne Lloyd)

Phillips M.D. v. DaFonte (Tex.App.- Houston [14th Dist.] Feb. 7, 2006)(Fowler)(ILA, Immunity of gov. employee)
[immunity claim of employee of governmental entity, UTMB, ILA]
AFFIRMED: Justice Fowler
Before Justices Fowler, Edelman and Guzman
14-05-00522-CV Linda G. Phillips, M.D. and Patrick Adegboyega, M.D. v. Debbie DeFonte
Appeal from 56th District Court of Galveston County Lonnie Cox

Other Opinions from the Fourteenth Court of Appeals

Go to December 2006 Decisions of the Fourteenth Court of Appeals
Go to November 2006 Opinions from the 14th Court of Appeals in Houston
Go to October 2006 Opinions from the 14th Court of Appeals, Houston
Go to September 2006 Opinions from the 14th Court of Appeals
Go to August 2006 Opinions of the Fourtee n th Court of Appeals
Go to July 2006 Opinions of the Fourtee n th Court of Appea ls
Go to 2006 Opinions of the Fourteenth Court of Appeal