| 2006 Opinions by Chief Justice Adele Hedges Fourteenth Court of Appeals (Tex.App- Houston [14th Dist.] 2006) Also see --> 2007 Opinions by Justice Hedges | Home Page |
Adele Hedges was appointed Chief Justice of the 14th Court of Appeals effective December 8, 2003 to succeed Scott A. Brister, who was elevated to the Texas Supreme Court Briefing Attorney to Justice Hedges: Elizabeth Thomas Selection of 2006 Opinions by Justice Adele Hedges (mostly civil appeals) Exxon Mobile Corp. v. Kinder Morgan Operating LP (Tex.App.- Houston [14th Dist.] Feb. 21, 2006)(Hedges) (breach of contract, fraud, conversion, directed verdict) AFFIRMED: Opinion by Chief Justice Hedges (Before Chief Justice Hedges, Judge Murphy, Justice Brock Yates) 14-04-01060-CV Exxon Mobile Corporation v. Kinder Morgan Operating L.P. "A" F/K/A Enron Liquids Pipeline Operating Limited Partnership, Kinder Morgan Inc.; Oneok Bushton Processing Inc. F/K/A Enron Gas Processing Co. and KN Processing Inc.; and Enron Liquids Pipeline Co. N/K/A Kinder Morgan GP Inc Appeal from 189th District Court of Harris County Trial Court Judge: William R. Burke JR. In the Interest of L.A.M. (Tex.App.- Houston [14th Dist.] Jan 24, 2006)(Hedges)(SAPCR, visitation) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Anderson 14-05-00166-CV In The Interest of L.A.M., a Child Appeal from 246th District Court of Harris County (Judge Jim York) Manor Care Health Services, Inc. v. Ragan (Tex.App.- Houston [14th Dist.] Jan. 12, 2006)(Hedges) [HCLC, ILA, denial of motion to dismiss] AFFIRMED: Opinion by Chief Justice Hedges (Before Chief Justice Hedges, Justices Brock Yates and Anderson) 14-05-00658-CV Manor Care Health Services, Inc., Four Season's Nursing Centers, Inc. d/b/a Manor Care Health Care, Statex Corporation d/b/a Manor Care Health Services, HCR Manorcare Mesquite, L.P., and Healthcare & Retirement Corporation of America v. Jerome Ragan, Individually and on behalf of the Estate of Paulette Ragan, Deceased--Appeal from 152nd District Court of Harris County (Hon. Kenneth P, Wise) Bayer Corp v. DX Terminals (Tex.App.- Houston [14th Dist.] Dec. 12, 2006)(Hedges) [bizlaw, breach of contract, jury error, preservation of error, measure of damages] AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Seymore) 14-05-00931-CV Bayer Corporation, n/k/a Bayer Material Science LLC v. DX Terminals, LTD Appeal from 152nd District Court of Harris County (Kenneth Price Wise) H. Heller & Co. v. Louisiana Pacific Corp. (Tex.App.- Houston [14th Dist.] Dec. 7, 2006)(Hedges) [foreign judgment, enforcement, personal jurisdiction, validity of foreign judgment] AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Seymore 14-06-00481-CV H. Heller & Company, Inc. and Gulf Performance Polymers, Inc. v. Louisiana-Pacific Corporation Appeal from 270th District Court of Harris County Dissenting Opinion by Justice Brock Yates Mallia v. Village Place Community Assn. (Tex.App.- Houston [14th Dist.] Dec. 5, 2006)(Hedges) [homeowner law, deed restriction, res judicata, estoppel] AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Seymore 14-06-00004-CV Charles B. Mallia, Jr. v. Village Place Community Association, Inc., Et Al Appeal from 165th District Court of Harris County Karlen v. Karlen (Tex.App.- Houston [14th Dist.] Dec. 5, 2006)(Hedges) [family law, guardianship of mother denied, not necessary] AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Seymore 14-06-00250-CV Robert Karlen v. Joye P. Karlen Appeal from Probate Court No 4 of Harris County Shipside Crating v. Trinity Universal Ins. (Tex.App.- Houston [14th Dist.] Nov. 21, 2006)(Hedges) [insurance law, coverage, sj, indemnity, duty to defend, eight-corners rule, exclusion clauses] AFFIRMED: Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Seymore 14-06-00229-CV Shipside Crating Company, Inc. v. Trinity Universal Insurance Company Appeal from 295th District Court of Harris County n this insurance coverage dispute, Shipside Crating Company, Inc. contends that its insurer, Trinity Universal Ins. Co.), breached its contractual duty to defend and indemnify. The trial court granted summary judgment in favor of Trinity and entered a take-nothing judgment. We affirm the trial court's judgment. ... Because we find that Trinity has no duty to defend Shipside, we need not reach the issue of whether Trinity has a duty to indemnify. See Collier v. Allstate County Mut. Ins. Co., 64 S.W.3d 54, 62 (Tex. App.-Fort Worth 2001, no pet.)") In Re Kiker (Tex.App.- Houston [14th Dist.] Oct. 26, 2006)(Hedges) MOTION OR WRIT GRANTED: Chief Justice Hedges (Before Chief Justice Hedges, Justices Brock Yates and Guzman) 14-06-00202-CV In Re: Gale Kiker & Debbie Richardson Appeal from 152nd District Court of Harris County County of Galveston v. Nichols (Tex.App.--Houston [14th Dist. Oct 12, 2006)(Hedges) [TTCA, sovereign immunity, no opportunity to amend, incurable jurisdictional defect, misuse of information] REVERSED AND DISMISSED: Opinion by Chief Justice Hedges (Before Chief Justice Hedges, Justices Brock Yates and Seymore) 14-06-00322-CV County of Galveston, Texas v. Cassaundra Nichols, Individually and a/n/f Minor 1, Minor 2 and Minor 3--Appeal from 400th District Court of Galveston County Justice Hedges Holds that Suit over Publication of Personal Information Is Barred By Sovereign Immunity Teagle v. AMC Theatres (Tex.App.- Houston [14th Dist.] Oct 12, 2006)(Hedges) [premises liability, no duty, outside theater. MSJ-NO, MSJ] AFFIRMED: Opinion by Chief Justice Hedges (Before Chief Justice Hedges, Judge Amidei, Justice Brock Yates) 14-05-00910-CV Jewel Teagle and Dalton Teagle, Individually and a/n/f to Colin Teagle, A Minor Child v. AMC Theatres Meyer Park--Appeal from 113th District Court of Harris County Thanks to sovereign immunity student may not sue state university for failure to protect her from sexual assault Dimas v. The Texas State University System (Tex.App.- Houston [14th Dist.] Aug. 15, 2006)(Hedges) [governmental entities law, TTCA, sexual assault, civil case, sovereign immunity, plea to the jurisdiction affirmed] AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Guzman 14-05-00664-CV Marisa Dimas v. The Texas State University System, Et Al Appeal from of County September 12, 2006 - Who Said it Would All be Over? - Fee Dispute Decided In Opinion Authored By Chief Justice Adele Hedges Bowen v. Kuntz (Tex.App.- Houston [14th Dist.] Sep. 12, 2006)(Hedges) [family law, divorce attorneys fees dispute, agreement incident to divorce, payment procedure] AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Guzman 14-05-00769-CV Berry D. Bowen v. Hal G. Kuntz Appeal from 311th District Court of Harris County (Judge Douglas C. Warne) Seidner v. Citibank (Tex.App.- Houston [14th Dist.] Aug. 24, 2006)(Hedges) [opinion not available on-line] AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Guzman 14-05-01096-CV Joel Seidner v. Citibank (South Dakota) N.A. Appeal from Co Civil Ct at Law No 2 of Harris County (Judge Gary Michael Block) Momentum Motor Cars Ltd v. Haunstein (Tex.App.-Houston [14th Dist.] July 20, 2006)(opinion by Hedges)(consumer law) [consumer suit over defective auto transmission repair, DTPA, knowing violation, unconscionable conduct, judgment in favor of consumers affirmed except for mental anguish damages] AFFIRMED AS MODIFIED: Opinion by Chief Justice Adele Hedges Before Chief Justice Hedges, Justices Brock Yates and Guzman 14-05-00478-CV Momentum Motor Cars Ltd d/b/a Momentum Saab and Tavax Inc. d/b/a Discount Car Clinic v. Karl and Sue Haunstein Appeal from 240th District Court of Fort Bend County (Hon. Thomas Ralph Culver) Manor Care Health Services, Inc. v. Ragan (Tex.App.- Houston [14th Dist.] Jan. 12, 2006)(Hedges) [HCLC, malpractice, ILA, denial of motion to dismiss] AFFIRMED: Opinion by Chief Justice Hedges (Before Chief Justice Hedges, Justices Brock Yates and Anderson) 14-05-00658-CV Manor Care Health Services, Inc., Four Season's Nursing Centers, Inc. d/b/a Manor Care Health Care, Statex Corporation d/b/a Manor Care Health Services, HCR Manorcare Mesquite, L.P., and Healthcare & Retirement Corporation of America v. Jerome Ragan, Individually and on behalf of the Estate of Paulette Ragan, Deceased--Appeal from 152nd District Court of Harris County (Hon. Kenneth P, Wise) ========================================================================================== Go to---> Other opinions from the Fourteenth Court of Appeals First Court of Appeals Home Page |