Hobbs v. Van Stayern (Tex.App.-Houston [1st Dist.] Nov. 2, 2006)(Higley) [family law, SAPCR, same sex relationship, adoption, standing as parent] AFFIRM TC JUDGMENT: Justice Higley (Before Justices Nuchia, Jennings and Higley) 01-05-00632-CV Julie Ann Hobbs v. Janet Kathleen Van Stavern Appeal from 306th District Court of Galveston County
Temporary Injunction in Divorce Cannot Be Appealed Marley v. Marley (Tex.App.- Houston [1st Dist.] Oct 27, 2006)(Higley) [family law, divorce, temporary orders unappealable, controlled by Family Code, not by statute authorizing interlocutory appeals in civil cases] DISMISS APPEAL: Justice Higley Before Justices Jennings, Hanks and Higley 01-05-00992-CV Frank E. Marley, Jr. v. Connie A. Stirgus Marley Appeal from 387th District Court of Fort Bend County (Hon. Brenda Mullinix) The proceeding in this case is a suit for divorce. Section 6.502 of the Family Code provides the trial court with jurisdiction to enter temporary orders. Tex. Fam. Code Ann. § 6.502. The temporary orders are interlocutory. Beard v. Beard, 49 S.W.3d 40, 69 (Tex. App.—Waco 2001, pet. denied). Section 6.507 precludes appeal of those orders. Tex. Fam. Code Ann. § 6.507.
Requirements for Setting Aside of Default Judgment Satisfied - Courthouse Closure Due to Hurricane Evacuation Extends Filing Deadline
Garcia v. Vera (Tex.App.- Houston [1st Dist.] Oct 5, 2006)(Higley) [default judgment, family law, paternity suit, motion for new trial, extension of filing deadline] REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley (Before Justices Nuchia, Jennings and Higley) 01-05-01161-CV Lucas Martinez Garcia v. Leticia Maria Vera Appeal from 245th District Court of Harris County We conclude that Garcia met the requirements of Craddock. When these requirements have been met, the trial court abuses its discretion if it denies a defaulting defendant a new trial.
Denial of Special Appearance Reversed
PPC Sterom v. Yuma Expl. Co. (Tex.App. - Houston [1st Dist.] Oct 5, 2006)(Higley) [in personam jurisdiction, special appearance, general jurisdiction, minimum contacts REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Higley (Before Justices Nuchia, Jennings and Higley) 01-06-00414-CV PCC Sterom S.A. v. Yuma Exploration Company and Production Company, Inc., in its individual capacity and on behalf of Palace Exploration Company, Liberty Energy Corporation and Bonray, Inc. Appeal from 61st District Court of Harris County (Hon. John Donovan) We hold that the trial court in this case does not have specific or general personal jurisdiction over Sterom. Therefore, the trial court erred when it denied Sterom’s special appearance. Accordingly, we reverse the order of the trial court and render judgment dismissing appellees’ claims against Sterom.
De Leon v. Hernandez (Tex.App.- Houston [1st. Dist.] Aug 31, 2006, pet denied 4/20/07)(Higley)(workplace death) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Nuchia, Jennings and Higley 01-03-00806-CV Tomas De Leon as Administrator, et al v. Francisco Hernandez, et al Appeal from Probate Court No 2 of Harris County
June 22, 2006: Declaratory judgment and attorneys’ fee award in feud between neighbors over use of land as airfield
Graves v. Diehl (Tex.App.–Houston [1st Dist.] June 22, 2006)(Higley) [dispute between neighbors over low overflight aircraft; UDJA, nonsuit; Rule 13 sanctions reversed; award of attorney’s fees under UDJA reversed, declaratory judgment reversed, no longer a justiciable controversy] REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Hanks and Higley 01-00-00412-CV Robert Graves and Barbara Graves v. Ronald Diehl and Constance Diehl Appeal from 212th District Court of Galveston County (Hon. Susan Elizabeth Criss)
May 11, 2006
Stockton v. Mitchell Mortgage (Tex.App. - Houston [1st Dist.] May 11, 2006)(Higley) [real estate law, breach of earnest money contract, summary judgment] AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Nuchia, Hanks and Higley 01-04-00831-CV John Stockton v. Mitchell Mortgage Company, L.L.C. Appeal from 240th District Court of Fort Bend County (Hon. Thomas R. Culver, III)
McKnight v. Brown (Tex.App.–Houston [1st Dist.] April 13, 2006)(Higley) [Abuse of process, false imprisonment, Section 1983 claim, proof of damages, no evidence, insufficient, conclusory affidavit)(prior successful habeas proceeding in 14thCoA, imprisonment for failure to pay attorneys fees, imprisonment for debt, contempt of court] AFFIRM TC JUDGMENT: Opinion by Justice Laura Higley Before Justices Taft, Higley and Bland 01-05-00689-CV John Frank McKnight v. Marshall Davis Brown, Jr. Appeal from 133rd District Court of Harris County (Hon. Lamar McCorkle)
Pin Oak Center v. Travelers Lloyds Ins. Co. (Tex.App.–Houston [1st Dist.] March, 2006, no pet.)(Higley) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Taft, Higley and Bland 01-05-00530-CV Pin Oak Centre, Ltd. v. The Travelers Lloyds Insurance Company Appeal from 11th District Court of Harris County (Judge Mark Davidson)
McKowen v. Ragston (Tex.App.- Houston [1st Dist.] Jan. 11, 2006)(Higley) [health care liability claim, medical malpractice, challenge to affidavit] AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Nuchia, Jennings and Higley) 01-06-00665-CV Robert L. McKowen, M.D. v. Mitchell Ragston, Sr. and Mitchell Ragston, Jr., Individually And As Personal Representatives For The Estate of Golden Ragston, Deceased Appeal from 80th District Court of Harris County (Judge Kent C. Sullivan)