| 2006 Opinions by Justice Kem Thompson Frost Fourteenth Court of Appeals (Tex.App- Houston [14th Dist.] 2006) Also see --> 2007 Opinions by Justice Frost |
Justice Frost Chides Colleagues for Denying Pre Se Litigant's Procedural Rights Nabelek v. District Attorney (Tex.App.- Houston [14th Dist.] Nov. 30, 2006)(Frost) Frost)(disagreement on finding that plaintiff's claims are frivolous, without arguable basis in law or fact) DISSENTING: Justice Frost Before Justices Anderson, Hudson and Frost 14-03-00965-CV Ivo Nabelek v. District Attorney of Harris County, Texas Appeal from 125th District Court of Harris County (Hon. John Coselli) ("This court should grant rehearing, reverse the trial court's order dismissing Nabelek's claims as frivolous under section 14.003(a)(2) of the Texas Civil Practice and Remedies Code, and remand for further proceedings.") Wayne v. Bank of America (Tex.App.-- Houston [14th Dist.] Jan. 17, 2006)(Frost) (termination of relationship with customer, temporary and permanent injunction, post-judgment interest) AFFIRMED AS MODIFIED: Opinion by Justice Frost Before Chief Justice Hedges, Justices Fowler and Frost 14-04-00256-CV Bostow, Wayne v. Bank of America Appeal from 157th District Court of Harris County (Hon Randy Wilson) Rodriguez v. Gulf Coast Roorers (Tex.App.- Houston [14th Dist.] Dec. 22, 2006)(Frost) [negligence, negligent activity, premises liability, car repair accident, NE-MSJ, TR-MSJ, failed to preserve objection to vague motion for summary judgment, no breach] AFFIRMED: Opinion by Justice Frost Before Justices Fowler, Edelman and Frost 14-05-00930-CV Wilson Rodriguez v. Gulf Coast Roofers & Builders Supply, Inc. and KJR, LTD Appeal from 151st District Court of Harris County Kupersmith v. Weitz (Tex.App.-Houston [ 14th Dist.] Nov. 28, 2006)(Frost) [business organization law, partnership suit, general limited partner, breach of settlement agreement, remedy, rescission, enforcement, stipulation, appeal not frivolous no sanctions] AFFIRMED: Justice Frost Before Justices Anderson, Edelman and Frost 14-05-00167-CV Adela Kupersmit, Samuel Goldsmith and Sara Goldsmith v. Ricardo M. Weitz Appeal from 190th District Court of Harris County Kao Holdings v. Young (Tex.App.- Houston [14th Dist.] Nov. 21, 2006)(Edelman) 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 Dissenting Opinion by Justice Frost Harveston Securities v. Narnia Investments (Tex.App. - Houston [14th Dist.] Oct. 31, 2006)(Frost) REVERSED AND REMANDED: Justice Edelman, Justice Frost Before Justices Anderson, Edelman and Frost) 14-05-00206-CV Harveston Securities Inc. v. Narnia Investments L.T.D. Appeal from 270th District Court of Harris County Dissenting Opinion by Justice Edelman Skadden v. Traquis Alvonso (Tex.App. - Houston [14th Dist.] Oct. 31, 2006)(Frost) REVERSED AND REMANDED: Justice Frost Before Justices Hudson, Frost and Seymore) 14-05-00488-CV Michael Skadden v. Ana Maria Tarquis Alfonso 14-05-00489-CV Michael Skadden aka Michael James Skadden, Relator v. Ana Maria Tarquis Alfonso Appeal from 246th District Court of Harris County Ramco Oil & Gas v. Anglo-Dutch (Tex.App.-Houston [14th Dist.[ Oct 19., 2006)(Frost) [business law, foreign oil and gas deal, claims for breach of fiduciary duty, misappropriation, and misappropriation of trade secrets, proof of loss of future profits, expert testimony] REVERSED AND RENDERED: Opinion by Justice Frost Before Chief Justice Hedges, Justices Fowler and Frost 14-04-00433-CV Ramco Oil & Gas, Ltd, and Ramco Energy PLC v. Anglo-Dutch (TENGE) L.L.C and Anglo-Dutch Petroleum International, Inc.,--Appeal from 61st District Court of Harris County ("There is no evidence to prove with reasonable certainty what profits, if any, Plaintiffs lost as a result of the Ramco Parties' breaches of contract. Further, because Plaintiffs are not entitled to any actual damages, they are not entitled to attorney's fees.") DWI Conviction Reversed Simon v. State (Tex.App.- Houston [14th Dist.] Sep. 28, 2006)(Frost)(criminal case) REVERSED AND REMANDED: Opinion by Justice Frost Before Justices Anderson, Edelman and Frost 14-04-00734-CR Robert J. Simon v. The State of Texas Appeal from Co Crim Ct at Law No 1 of Harris County Halim v. Ramchandani, (Tex.App.- Houston [14th Dist.] Aug. 31, 2006)(Frost) [medical malpractice, negligence, causation, expert testimony, jury verdict in favor of defendants affirmed] AFFIRMED: Opinion by Justice Frost Before Justices Frost, Seymore and Mirabal) 14-04-00914-CV Fahim S. Halim v. Mahesh Ramchandani, M.D.; Texas Surgical Associates, P.A., Texas Surgical Associates; and The Methodist Hospital Appeal from 189th District Court of Harris County (Judge James Bradley Smith) Pinson v. First Fin. Cap. Corp. (Tex.App.- Houston [14th Dist.] Aug. 24, 2006)(Frost) [employment law, intentional infliction of emotional distress, IIED, SJ for employer affirmed] AFFIRMED: Opinion by Justice Frost Before Justices Anderson, Edelman and Frost 14-05-00353-CV Laura M. Pinson v. First Financial Capital Corp. Appeal from 280th District Court of Harris County (Judge Tony Lindsey) Rivera v. South Green Lim Partnership (Tex.App.- Houston [14th Dist.] Aug. 24, 2006)(Frost) [tort law, premises liability, employee assaulted in the work place, workplace safety law] AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Frost Before Justices Anderson, Edelman and Frost 14-05-00128-CV Michelle Rivera and Jeff Rivera v. South Green Limited Partnership and Kastle Systems of Texas, L.L.C.--Appeal from 270th District Court of Harris County (Judge Brent Gamble) (“This is a premises-liability case in which an employee was assaulted in the workplace. Appellants, the employee and her husband, challenge the trial court’s summary judgment in favor of the building owner and its security company. We conclude the trial court erred in granting summary judgment in favor of the building owner, but that it ruled correctly as to the security company. Therefore, we affirm the trial court’s judgment in favor of the security company, but reverse the trial court’s judgment as to the negligence/premises liability claim against the building owner and remand that claim to the trial court further proceedings consistent with this opinion.”) Thomas v. Allstate Ins. Co. (Tex.App.- Houston [14th Dist.] Aug. 10, 2006)(Frost) [insurance code violation, second appeal, no evidence, proof of damages] AFFIRMED: Opinion by Justice Frost Before Justices Hudson, Frost and Seymore 14-05-00293-CV Glenn Thomas v. Allstate Insurance Company Appeal from 152nd District Court of Harris County (Judge Kenneth Price Wise) Aranda v. Goodrum (Tex.App.– Houston [14th Dist.] August 3, 2006)(Frost) [prisoner IFP pro se suit dismissal with prejudice without prejudice, failure to comply with affidavit requirement, disclosure of prior suits, judgment reformed] AFFIRMED AS MODIFIED: Opinion by Justice Frost Before Justices Anderson, Edelman and Frost 14-05-00119-CV Roque Aranda # 805045 v. Ray Goodrum, Virginia Stewart, Et Al Appeal from 278th District Court of Walker County (Judge Kenneth Keeling) (”Appellant Roque Aranda challenges the trial court’s dismissal of his suit under Chapter 14 of the Texas Civil Practice and Remedies Code. Finding that the trial court erred in dismissing the suit with prejudice, we modify the judgment to delete “with prejudice” and affirm the judgment as modified”) Earlier 2006 Opinions by Justice Frost 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, constitutionality] 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 Thomas v. Allstate Ins. Co. (Tex.App.- Houston [14th Dist.] Aug. 10, 2006)(Frost)(consumer law) [insurance code violation, prior appeal partial reversal, no evidence MSJ, proof of damages] AFFIRMED: Opinion by Justice Frost Before Justices Hudson, Frost and Seymore 14-05-00293-CV Glenn Thomas v. Allstate Insurance Company Appeal from 152nd District Court of Harris County (Judge Ken Wise) Vickery v. Behar (Tex.App.-Houston [14th Dist.] April 27, 2006)(Frost)(HCLC, jury selection, bias) AFFIRMED: Opinion by Justice Frost Before Justices Hudson, Frost and Seymore 14-04-00788-CV Gene Vickery and Mary Vickery v. Robert A. Behar, M.D. Appeal from 215th District Court of Harris County (Judge Levi James Benton) Dardas v. Ogletree (Tex.App.-Houston [14th Dist.] April 27, 2006)(Frost)(substitute opinion on rehearing) [class action attorneys fees dispute] AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Frost Before Judge Draughn, Justices Frost and Guzman 14-03-00538-CV Thomas A. Dardas, Individually and d/b/a Dardas & Associates and Bill Ogletree, P.C., a/k/a Ogletree Law Firm v. Fleming, Hovenkamp & Grayson, P.C., Fleming Law Firm, PLLC, and Fleming & Associates, L.L.P--Appeal from 61st District Court of Harris County Dissenting Opinion by Judge Draughn Before Judge Draughn, Justices Frost and Guzman 14-03-00538-CV Thomas A. Dardas, Individually and d/b/a Dardas & Associates and Bill Ogletree, P.C., a/k/a Ogletree Law Firm v. Fleming, Hovenkamp & Grayson, P.C., Fleming Law Firm, PLLC, and Fleming & Associates, L.L P--Appeal from 61st District Court of Harris County Warehouse Associates v.Celotex (Tex.App.-Houston [14th Dist.] March 30, 2006)(Frost) [as-is provision in contract for sale of real estate, enforceability of the waiver-of-reliance provision, fraudulent inducement exception, misrepresentation or concealment of asbestos contamination in the soil , fact issues as to fraudulent-inducement exception] REVERSED AND REMANDED: Opinion by Justice Kem Frost Before Justices Fowler, Frost and Seymore 14-03-01444-CV Warehouse Associates Corporate Centre II, Inc., Warehouse Associates Corporate Centre Post Oak, LTD., and Warehouse Associates Development, Inc v. Celotex Corporation, Lecil M. Colburn and David Murry Appeal from 127th District Court of Harris County In re T.S. et al (Tex.App.-Houston [14th Dis.] March 30, 2006)(Frost) REVERSED AND REMANDED: Opinion by Justice Frost Before Justices Hudson, Frost and Seymore 14-05-00284-CV In the Interest of T.S., E.S. and V.S. Appeal from 300th District Court of Brazoria County In re J.M.D. (Tex.App.-Houston [14th Dist.] March 30, 2006)(Frost) [Child support, dormant judgment, ex post facto law, constitutional challenge] AFFIRMED: Opinion by Justice Kem Frost Before Justices Hudson, Frost and Seymore 14-03-01196-CV In the Interest of J. M. D. Appeal from 312th District Court of Harris County (Judge James D. Squier) Hardy v. Villereal (Tex.App.–Houston [14th Dist.] March 28, 2006)(Frost) [Prisoner Litigation Act, pro se, IFP, frivolous] AFFIRMED: Opinion by Justice John 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 ("This court has held on prior occasions that a dismissal without prejudice is the appropriate manner to dismiss an inmate's cause of action under the Inmate Litigation Act. See, e.g., Barnes v. Tex. Dept. of Criminal Justice, No. 14-02-00801-CV, 2004 WL 612824, at *3 (Tex. App.-Houston [14th Dist.] March 30, 2004, no pet.) (not designated for publication); Hickman v. Adams, 35 S.W.3d 120, 124-25 (Tex. App.-Houston [14th Dist.] 2000, no pet.). A dismissal with prejudice constitutes the equivalent of an adjudication on the merits and operates as if the case had been fully tried and decided, and therefore, it has full res judicata and collateral estoppel effect. Hickman, 35 S.W. 3d at 124-25. A trial court's dismissal of a cause of action under section 14.005 is not a dismissal on the merits, and a dismissal without prejudice is the correct disposition.") Wayne v. Bank of America (Tex.App.-- Houston [14th Dist.] Jan. 17, 2006)(Frost) AFFIRMED AS MODIFIED: Opinion by Justice Frost Before Chief Justice Hedges, Justices Fowler and Frost 14-04-00256-CV Bostow, Wayne v. Bank of America Appeal from 157th District Court of Harris County (Judge Randy Wilson) Middleton v. National Family Care Life Ins. Co. (Tex.App.- Houston Jan. 17, 2006)(Frost)(insurance) [insurance law, bad faith, lack of record dooms appeal, merits not reached] AFFIRMED: Opinion by Justice Frost Before Justices Hudson, Frost and Seymore 14-04-00428-CV J. E. Middleton, Indivdually and as the Representative of the Estate of J. E. Middleton v. National Family Care Life Insurance Company Appeal from 190th District Court of Harris County (Judge Shearn Smith) Alexander v. Citibank (Tex.App.- Houston [14th Dist.] Jan 17, 2006)(Frost) [consumer law, credit card dispute, quantum meruit, not all charges proven] Alexander v. Citibank (Tex.App.- Houston [14th Dist.] Jan 17, 2006)(Frost) AFFIRMED: Opinion by Justice Frost (Before Chief Justice Hedges, Justices Anderson and Frost) 14-04-01087-CV Susan Alexander v. Citibank (South Dakota) N.A Appeal from Co Civil Ct at Law No 2 of Harris County (Judge Gary Michael Block) Frost Dissent in Nabelek v. District Attorney (Tex.App.- Houston [14th Dist.] Nov. 30, 2006)(Dissenting Opinion by Frost)(disagreement on finding that plaintiff's claims are frivolous, without arguable basis in law or fact) DISSENTING: Justice Frost Before Justices Anderson, Hudson and Frost 14-03-00965-CV Ivo Nabelek v. District Attorney of Harris County, Texas Appeal from 125th District Court of Harris County (Hon. John Coselli) ("This court should grant rehearing, reverse the trial court's order dismissing Nabelek's claims as frivolous under section 14.003(a)(2) of the Texas Civil Practice and Remedies Code, and remand for further proceedings.") 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 Charette v. Fitzgerald (Tex.App.- Houston [14th Dist.] Dec. 21, 2006)(Frost) [lease law, landlord tenant dispute, wrongful eviction, award of attorney’s fees reversed for lack of evidence that it was reasonable] 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 (Hon. Sharon McCally) |