Opinions by Justice Eva M. Guzman (Tex.App.- Houston [14th Dist.] 2006)

Opinions by Other Justices of the Fourteenth Court of Appeals of Texas (Houston)

Chief Justice Adele Hedge s
Justice John Anderson
Justice Richard Edelman
Justice Wanda Fowler
Justice J. Harvey Hudson
Justice Charles W. Seymore
Justice Kem Thompson Frost
Justice Leslie Brock Yates

2006 Opinion by Justice Guzman in Civil Appeals

Lundstrom v. United Services Automobile Association USAA (Tex.App. Houston [14th Dist.] Jan 26, 2006)(Guzman)
(insurance coverage case, homeowners insurance, contractual and bad faith claim)
AFFIRMED: Opinion by Justice Guzman
(Before Justices Edelman, Seymore and Guzman)
14-04-00357-CV        Bruce and Vonnie Lundstrom v. United Services Automobile Association - CIC
Appeal from 157th District Court of Harris County (Judge Randy Wilson)
DR Horton v. Hatton (Tex.App.-Houston [14th Dist.] Nov. 7, 2006)(Guzman)
DISMISSED AS MOOT: Justice Guzman
Before Chief Justice Hedges, Justices Brock Yates and Guzman
14-06-00262-CV D.R. Horton, Inc. v. Brenda Hatton
Appeal from 152nd District Court of Harris County

In Re DR Horton (Tex.App.-Houston [14th Dist.] Nov. 7, 2006)(Guzman)
MOTION OR WRIT GRANTED: Justice Guzman
Before Chief Justice Hedges, Justices Brock Yates and Guzman
14-06-00284-CV In Re D.R. Horton Inc.
Appeal from 152nd District Court of Harris County
(“For the reasons stated in our November 2, 2006 opinion, we conclude that the trial court abused its discretion in failing to order
Hatton to arbitrate her claims against D.R. Horton pursuant to the arbitration agreement between the parties. Accordingly, we
conditionally grant D.R. Horton's petition for writ of mandamus in Cause No. 14-06-00284-CV and direct the trial court to vacate the
order denying D.R. Horton's motion to compel and to enter an order compelling the parties to arbitration. The writ will issue only if the
trial court fails to comply with this opinion. Having granted full relief under our mandamus jurisdiction, we dismiss as moot D.R.
Horton's interlocutory appeal, Cause No. 14-06-00262-CV. See In re D. Wilson Constr. Co., 196 S.W.3d 774, 780 (Tex. 2006) (orig.
proceeding).”

In re B .M .M . (Tex.App. - Houston [14th Dist.] Oct. 31, 2006) (Guzman)
[family law, paternity establishment, child support, enforcement]
AFFIRMED IN PART/REVER.& REND.& REVER.&REM.: Justice Guzman
Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-05-00700-CV        In the Interest of B.M.M. and K.A.M.
Appeal from 310th District Court of Harris County

Sussman v. Old Heidelburg (Tex.App. - Houston [14th Dist.] Oct. 31, 2006)(Guzman)
[jurisdiction over defendant, special appearance]
REVERSED AND REMANDED: Justice Guzman
Before Justices Anderson, Hudson and Guzman)
14-06-00116-CV        Joseph I. Sussman v. Old Heidelburg, Inc.; and Shamu Lee's Inc. d/b/a Wellbread Bakery
Appeal from 334th District Court of Harris County

Lathrop v. Peronalysis (Tex.App. - Houston [14th Dist.] Oct. 31, 2006)(Guzman)
[interlocutory appeal, ILA, general jurisdiction, personal jurisdiction, special appearance, due process, purposeful availment]
AFFIRMED: Justice Guzman
Before Justices Anderson, Hudson and Guzman)
14-06-00074-CV        Kenneth D. Lathrop v. Personalysis Corp
Appeal from 215th District Court of Harris County (Levi James Benton)

HCAD v. O’Connor & Assoc. (Tex.App. - Houston [14th Dist.] Oct. 31, 2006)(Guzman)
[tax appeal, on-line version of opinion not available]
DISMISSED: Justice Guzman
Before Justices Anderson, Hudson and Guzman)
14-06-00098-CV        Harris County Appraisal District, The Appraisal Review Board of Harris County District, Jim Robinson, Chief
Appraiser and Robert Cunningham v. O’Connor & Associates, Wolverine Crosby Green LP, E Pointe Properties I Ltd., Baker-Orr Joint
Venture, and J. Frederick Welling--Appeal from 127th District Court of Harris County

2616 South Loop v. Heath Source Home Care (Tex.App.- Houston [14th Dist.] Aug. 31, 2006)(Guzman)
[real estate law, commercial lease dispute, eviction, counterclaims, declaratory judgment, enforceability of lease, subsequent owner,
holdover tenant, quantum meruit]
REVERSED AND REMANDED: Opinion by Justice Guzman
Before Justices Fowler, Edelman and Guzman)
14-04-01089-CV 2616 South Loop, L.L.CL., and 2616 South Loop Building, LP v. Health Source Home Care, Inc. and Arunee Pinwatana
Appeal from Co Civil Ct at Law No 2 of Harris County (Judge Gary Michael Block)

Miles v. Caraway (Tex.App. - Houston [14th Dist.] Aug. 29, 2006)(Guzman)
[medical malpractice, jury verdict in favor of defendants affirmed]
AFFIRMED: Opinion by Justice Guzman
Before Judge Murphy, Justices Brock Yates and Guzman
14-06-00010-CV Christopher M. Miles, Individually and as Successor Independent Executor of the Estate of
Jacquelyn Patten Miles, Deceased, Et Al v. Michael D. Caraway, MD and Memorial Southwest Emergency
Physicians, LLP - Appeal from Probate Court No 2 of Harris County (Judge Michael James Wood )

Hawk v. Estate of Hawk (Tex.App.- Houston [14th Dist.] Aug. 24, 2006)(Guzman)
[estate dispute, breach of fiduciary duty alleged, BoFD]
AFFIRMED: Opinion by Justice Guzman
Before Chief Justice Hedges, Justices Brock Yates and Guzman
14-05-01057-CV Bryce Grafton Hawk v. Estate of Thelma Hawk (Deceased), William F. Hawk, Individually and as
Independent Executor of the Estate of Thelma Hawk (Deceased)
Appeal from 239th District Court of Brazoria County (Judge Patrick Edward Sebesta)

July 27, 2006 - Dispute Found to be Civil Breach of Contract - Criminal Theft Conviction Reversed

Henry v. State (Tex.App.– Houston [14th Dist.] July 27, 2006)(by Guzman)(criminal case)
[theft by deception v. failure to perform contract, home repair work]
REVERSED AND RENDERED: Opinion by Justice Guzman
Before Justices Fowler, Edelman and Guzman
14-05-00099-CR Jacobs, George Henry v. The State of Texas
Appeal from 21st District Court of Washington County
(“After a bench trial, appellant George Henry Jacobs was convicted of the offense of felony theft by deception. On
appeal, Jacobs challenges the legal and factual sufficiency of the evidence supporting his conviction, arguing the
evidence only demonstrates a civil contract dispute, and is insufficient to support a finding of criminal intent.
Because we agree the evidence shows only appellant’s failure to fully perform a contract, we reverse the conviction,
dismiss the indictment, and render a judgment of acquittal.”)

July 27, 2006 - No appellate jurisdiction over attempted interlocutory appeal under
Civ. Prac. & Rem. Code Section 51.014(a)(8)

Baylor College of Medicine v. Hernandez (Tex.App.– Houston [14th Dist.] July 27, 2006)(by Guzman)
[Doctors not entitled to interlocutory appeal, plea to the jurisdiction improper]
DISMISSED: Opinion by Justice Eva M. Guzman
Before Chief Justice Hedges, Justices Brock Yates and Guzman
14-05-00976-CV Baylor College of Medicine, Francis Joseph Welsh , M.D., Haleema Latifi, M.D., Fareed Khan, M.D.,
and Nageeb Abdalla, M.D. v. Maria Hernandez, Individually as Executrix of the Estate of Francisco Hernandez and as
Friend of Ruby Hernandez and Norma Hernandez and Frank Hernandez
Appeal from 151st District Court of Harris County
Holding: Because section 51.014 of the Civil Practice and Remedies Code does not confer this court with jurisdiction
to decide any of the issues presented on interlocutory appeal, the appeal is dismissed.

Section 51.014(a)(8) permits an appeal from an order that “grants or denies a plea to the jurisdiction by a governmental unit as that
term is defined in Section 101.001.” Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8) (Vernon Supp. 2005). A party cannot take an
interlocutory appeal from the denial of a plea to the jurisdiction unless the plea raises an issue that can deprive the trial court of
jurisdiction. See Tex. Dep’t of Criminal Justice v. Simons, 140 S.W.3d 338, 349 (Tex. 2004). Moreover, an interlocutory appeal is not
available if the plea to the jurisdiction was not made by a “governmental unit.” See Tex. A & M Univ. Sys. v. Koseoglu, 167 S.W.3d 374,
377–79 (Tex. App.—Waco 2005, pet. granted); Mobil Oil Corp. v. Shores, 128 S.W.3d 718, 721 (Tex. App.—Fort Worth 2004, no pet.);
Perry v. Del Rio, 53 S.W.3d 818, 821 (Tex. App.—Austin 2001), pet. dism’d, 66 S.W.3d 239, 264 (Tex. 2001).

Other July 27, 2006 Opinions by Justice Guzman

Ticknor v. Doolan (Tex.App.– Houston [14th Dist.] July 27, 2006)(by Guzman)
[auto PI, bicyle, exclusion of evidence, intoxication]
REVERSED AND REMANDED: Opinion by Justice Eva Guzman
Before Chief Justice Hedges, Justices Brock Yates and Guzman
14-05-00520-CV Paula Ticknor v. Edward Doolan
Appeal from 278th District Court of Walker County

Choice Personnel No. Four, Inc. v. Richardson (Tex.App.– Houston [14th Dist.] July 27, 2006)(by Guzman)
[real estate law, non-judicial foreclosure in event of default, apartment complex, limitations, time-barred, deed, fraud
claim]
AFFIRMED: Opinion by Justice Guzman
Before Justices Fowler, Edelman and Guzman
14-05-00675-CV Choice Personnel No. Four Inc. and Choice Acquisitions No. Three Inc v. Hebert Richardson and
John Gilmore
Appeal from 113th District Court of Harris County

Blount v. State (Tex.App.– Houston [14th Dist.] July 27, 2006)(by Guzman)(criminal case)
AFFIRMED AND REFORMED: Opinion by Justice Eva M. Guzman
Before Chief Justice Hedges, Justices Brock Yates and Guzman
14-04-00946-CR Blount, Dominique Lekie v. The State of Texas
Appeal from 182nd District Court of Harris County

July 25, 2006 Mandamus relief in prisoner’s complaint about criminal court’s failure to rule on
motion regarding DNA evidence denied

In Re Melvin Jones (Tex.App.–Houston [14th Dist.] July 25, 2006)
[mandamus to compel ruling on motion for preservation and forensic testing of DNA evidence denied]
MOTION OR WRIT DENIED: Opinion by Justice Guzman
Before Chief Justice Hedges, Justices Brock Yates and Guzman
14-06-00578-CV In Re Melvin Jones--Appeal from of County Court
(“Because relator has failed to provide a record that shows he is entitled to the relief requested, we deny relator’s
petition for writ of mandamus without prejudice to refiling with an adequate record. E.g., In re Molina, 94 S.W.3d 885,
886 (Tex. App.-San Antonio 2003, orig. proceeding); see Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.-Houston
[1st Dist.] 1992, orig. proceeding)”)

July 13, 2006 - Justices disagree on whether Plaintiff should have been granted reinstatement
after dismissal - Guzman writes for the majority, Edelman dissents

Keough v. Cyrus (Tex.App.–Houston [14th Dist.] July 13, 2006)(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 Co Civil Ct at Law No 4 of Harris County
D issenting Opinion by Justice Edelman (on motion for rehearing)

Older 2006 Opinions by Justice Eva M. Guzman

DR Horton-Texas v. Markel Int. Co. Lim. (Tex.App.-Houston [14th Dist.] June 29, 2006)(Guzman)
[residential construction liability, indemnity, latent defect
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Guzman
Before Justices Fowler, Edelman and Guzman)
14-05-00486-CV DR Horton-Texas Ltd v. Markel International Company Limited and Sphere Drake Insurance
Limited, Ltd.
Appeal from 281st District Court of Harris County (Judge David J. Bernal)

Graves v. Edwards (Tex.App.- Houston [14th Dist.] June 1, 2006)(by Guzman)
[prisoner pro se IFP suit dismissed, access to prison law library]
AFFIRMED: Opinion by Justice Guzman
Before Justices Fowler, Edelman and Guzman
14-04-01005-CV Rickie Lynn Graves v. Jackie Edwards and Frank Hoke
Appeal from 278th District Court of Walker County (Judge WILLIAM L. MCADAMS)

XCO v. Jamison (Tex.App.-Houston [14th Dist.] April 28, 2006, pet. denied)(Guzman)(substitute opinion)
[breach of contract, oil and gas, limitations]
AFFIRMED: Opinion by Justice Eva Guzman
Before Chief Justice Hedges, Justices Edelman and Guzman
14-03-01198-CV XCO Production Company v. Bruce L. Jamison and B.L. Jamison Family Limited Partnership
Appeal from 11th District Court of Harris County (Judge Mark Davidson)

J.M.K., 6 Inc. v. Gregg (Tex.App.–Houston [14th Dist.] March 28 2006)(Guzman)
[real estate law, transaction, fraud, third-party claims, cross-claims, indemnity, sj]
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Guzman
14-04-00849-CV J.M.K, 6 Inc. v. Gregg & Gregg, P.C and Dick H. Gregg, Jr.
Appeal from 334th District Court of Harris County (Judge not shown on docket sheet)

City of Houston v. Harris II Majority Opinion (Tex.App.–Houston [14th Dist.] March 16, 2006)(maj. op. by Guzman)
[Texas Tort Claims Act, 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 Co Civil Ct at Law No 3 of Harris County
City of Houston v. Harris II Concurring Opinion by Justice Edelman

Nicholas v. Tanglewood Manor Apartments (Tex.App.-Houston [14th Dist.] Feb. 7, 2006)(Guzman)
[premises liability, negligence, criminal activity, rape, no duty]
AFFIRMED: Justice Guzman
(Before Justices Fowler, Edelman and Guzman)
14-04-00864-CV Margaret Nicholas v. Tanglewood Manor Apartments, Westwinds Group, L.C., Jon R. Kubas, and
Amy Kubas--Appeal from 149th District Court of Brazoria County (Judge Robert E. May)

Fire Insurance Exchange v. Sullivan (Tex.App.- Houston [14th Dist.] Feb. 7, 2006)(Guzman)
[insurance homeowner, water damage, mold]
REVERSED AND RENDERED: Justice Guzman
(Before Justices Edelman, Seymore and Guzman)
14-04-00081-CV Fire Insurance Exchange v. Clifton Sullivan and Diane Sullivan
Appeal from Co Ct at Law No 3 & Probate Ct of Brazoria County

In Interest of J .L. (Tex.App.- Houston [14th Dist.] Jan 12, 2006)(Guzman)
[Mental health medication order]
AFFIRMED: Opinion by Justice Guzman
(Before Chief Justice Hedges, Justices Brock Yates and Anderson)
14-05-00360-CV        In the Best Interest and Protection of J. L. v. The State of Texas
Appeal from Probate Court of Galveston County
AFFIRMED: Opinion by Justice Guzman
(Before Chief Justice Hedges, Justices Brock Yates and Anderson)
14-05-00361-CV        In the Best Interest of J. L. v. The State of Texas
Appeal from Probate Court of Galveston County