Recent Opinions by Justice Harvey Hudson (Tex. App. - Houston [14th Dist.] 2006) First Court of Appeals in Houston, Texas

Dissents and Concurrences by Justice Hudson

Chapman v. Olbrich (Tex.App.-Houston [14th Dist.] June 29, 2006)(Majority Opinion by Frost)
[home sale, specific performance]
AFFIRMED: Opinion by Justice Frost
Before Justices Hudson, Frost and Seymore)
14-05-00056-CV James and Patricia Chapman v. Doug and Eleanor Olbrich
Appeal from 157th District Court of Harris County
D issenting Opinion by Justice Hudson

Opinions by Justice Harvey Hudson

Arrellano v. J&K Garment Restoration Co. (Tex.App.- Houston [14th Dist.] Dec. 28, 2006)(Hudson)(charges for
services not proven to be reasonable)
[consumer law, suit on account, suit on sworn account, proof, reasonable charges]
REVERSED AND RENDERED: Opinion by Justice Hudson
Before Justices Anderson, Hudson and Guzman
14-05-00818-CV Laura Arrellano v. J&K Garment Restoration Co. d/b/a J&K Cleaners
Appeal from Co Civil Ct at Law No 4 of Harris County

Four Brothers v. S & SF Inc (Tex.App.- Houston [14th Dist.] Dec. 12, 2006)(Hudson)
[lease law, law of the case, limitations, SoL, accrual date, breach of contract, violations of the Deceptive Trade
Practices Act (DTPA), conspiracy to commit DTPA violations, fiduciary duty, conspiracy to commit tortious interference
of a contract, fraud, breach of fiduciary duty, and third party beneficiary]
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Hudson
Before Justices Hudson, Fowler and Frost)
14-05-00498-CV        Four Brothers Boat Works Inc, Columbia Star Inc and Billy B. Inc. v. S & SF Inc Et Al
Appeal from 10th District Court of Galveston County

In re JDB (Tex.App.-Houston [14th Dist.] Nov. 7, 2006)(Hudson)
[juvenile law, delinquency]
AFFIRMED: Justice Hudson
Before Justices Anderson, Hudson and Guzman
14-05-00659-CV In the Matter of J.D.B, A Minor Child
Appeal from 314th District Court of Harris County
("In this consolidated appeal, J.D.B. contends his probation should not have been revoked because his conviction on
the charge of unauthorized use of a motor vehicle was predicated on evidence unlawfully admitted when his motion to
suppress was denied. Because we have affirmed the trial court’s denial of the motions to suppress, we find the trial
court’s judgment and commitment not to be erroneous and overrule J.D.B.’s contention. ")

In re AMQ (Tex.App.- Houston [14th Dist.] Oct. 10, 2006)(Hudson)
[family law, termination of parental rights]
AFFIRMED: Opinion by Justice Hudson
(Before Justices Anderson, Hudson and Guzman)
14-05-00578-CV In the Interest of A.M.Q.--Appeal from 314th District Court of Harris County

Hebisen v. Clear Creek ISD (Tex.App.- Houston [14th Dist.] Oct. 10, 2006)(Hudson)
[tax appeal, master, referring court]
AFFIRMED: Opinion by Justice Hudson
(Before Justices Hudson, Frost and Seymore)
14-04-00983-CV Ronnie Vee Hebisen and Dan Hennigan v. Clear Creek Independent School District, Harris County,
Harris County Education Department, Port of Houston of Harris County Authority, Harris County Flood Control District,
Harris County Hospital District and City of Nassau Bay
Appeal from 234th District Court of Harris County
Concurring Opinion by Justice Frost

September 28, 2006- Appeal DIsmissed For Lack of Jurisdiction - No Final Order

Merriweather v. King (Tex.App.- Houston [14th Dist.] Sep. 28, 2006)(Hudson)
[appellate jurisdiction, DWOJ, eviction suit, capacity, executor, remaining party, interlocutory]
AFFIRMED: Opinion by Justice Hudson
Before Justices Hudson, Fowler and Seymore
14-05-00834-CV Ronald J. Merriweather, as Trustee for the Estate of Claude Johnson v. Lille King, Individually and
as Executrix of the Estate of Velma Stewart
Appeal from 269th District Court of Harris County (John Thomas Wooldridge)
(“An interlocutory appeal is allowed only in specific circumstances, as outlined in the Texas Civil Practice and
Remedies Code. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014 (Vernon Supp. 2005) (allowing, inter alia, for
interlocutory appeal from denials of summary judgment motions in particular cases). None of these exceptions apply
to this case.”)(“The trial court’s order of summary judgment clearly granted judgment in favor of Lillie King in her
capacity as executor of Stewart’s estate. It made no mention of Lillie King in her individual capacity. This order,
therefore, did not dismiss all parties to the case. The inclusion of a Mother Hubbard clause (the statement that all
relief not granted is denied) does not overcome this order’s plainly interlocutory character. Lehmann, 93 S.W.3d at
203-04.”)

August 24, 2006 - Eviction Suit Judgment in JP Court Bars Subsequent Suit (Under Some
Circumstances)

Charles v. USA Savoy Leasco (Tex.App.- Houston [14th Dist.] Aug. 24, 2006)(Hudson)
[lease law, eviction, BoC, attorneys fees, res judicata]
AFFIRMED: Opinion by Justice Hudson
Before Justices Hudson, Fowler and Seymore
14-05-00747-CV Krystal Charles v. USA Savoy Leasco d/b/a The Savoy Apartments
Appeal from Co Civil Ct at Law No 4 of Harris County (Judge Roberta Anne Lloyd)

Jankowiak v. Allstate (Tex.App.- Houston [14th Dist.] Aug. 8, 2006)(Hudson)
[consumer law, insurance law, auto, denial of claim for uninsured motorist coverage, contract construction, public
policy, SJ reversed]
REVERSED AND REMANDED: Opinion by Justice Hudson
Before Justices Hudson, Fowler and Seymore
14-05-00072-CV Harry Jankowiak and Pam Jankowiak Individually and as Next Friend of Laci Jankowiak v. Allstate
Property and Casualty Insurance Company
Appeal from 127th District Court of Harris County (Judge Sharolyn P. Wood)

August 1, 2006 - Medical Malpractice Expert Report Must Be Filed Timely - Non-suit and Refiling
Does Not Reset the Clock

D’Arcy v. Mead (Tex.App.– Houston [14th Dist.] Aug. 1, 2006)(by Harvey Hudson)
[health care liability claim, untimely filing of expert report, interlocutory appeal ILA, suit barred, 120-day period started
to run when first suite filed, nonsuit and refiling not viable as a remedy]
REVERSED AND REMANDED: Opinion by Justice Hudson
Before Judge Amidei, Justices Hudson and Mirabal (Senior Justice Margaret Garner Mirabal and Former Justice
Maurice E. Amidei sitting by assignment.)
14-04-01220-CV Daniel D'Arcy, M.D v. James F. Mead, Jr. and Diane P. Mead, Individually, and As Next Friends of
James Franklin Mead, III, Robert Mead, and Thomas Mead, Minors
Appeal from 333rd District Court of Harris County (Honorable Joseph J. Halbach)

August 1, 2006 - Homeowners Can't Collect From State for Flood Damage Cause By Road Work

Ahart v. Tex. Dep’t of Transp. (Tex.App.– Houston [14th Dist.] Aug. 1, 2006)(by Hudson)
[inverse condemnation claim for damages, takings claim under Texas constitution, flood damages to home as a result
of construction project, plea to the jurisdiction affirmed, intent element missing, only causation shown]
AFFIRMED: Opinion by Justice Hudson
Before Justices Hudson, Fowler and Seymore
14-05-00027-CV Delores Ahart Et Al v. Texas Department of Transportation
Appeal from Co Civil Ct at Law No 3 of Harris County (Honorable Lynn M. Bradshaw-Hull)

Aug. 3, 2006 - Unequal Marital Property Division Affirmed

Combe-Obadia v. Combe Ovadia (Tex.App.– Houston [14th Dist.] August 3, 2006)(Hudson)
[appeal of property division, award of more liabilities than assets, waste of community assets as a factor, under-
reporting of income, economic contribution disputed]
AFFIRMED: Opinion by Justice Hudson
Before Justices Hudson, Frost and Seymore
14-04-01028-CV Patrick J. Combe-Ovadia v. Amarit Gonzalez Combe-Ovadia
Appeal from 245th District Court of Harris County (Honorable Annette Galik)(family district court)

June 29, 2006 - Justice Harvey Dissents

D issenting Opinion by Justice Hudson
Chapman v. Olbrich (Tex.App.-Houston [14th Dist.] June 29, 2006)
[home sale, specific performance]
AFFIRMED: Opinion by Justice Frost
Before Justices Hudson, Frost and Seymore)
14-05-00056-CV James and Patricia Chapman v. Doug and Eleanor Olbrich
Appeal from 157th District Court of Harris County

Crook v. Johnston (Tex.App.–Houston [14th Dist.] June 20, 2006)Hudson)
[dismissal due to multiple delays]
DISMISSED: Opinion by Justice Hudson (Fowler Dissents without an opinion)
Before Justices Hudson, Fowler and Seymore
14-05-00048-CV Judy Cox Crook f/k/a Judy Cox Swate v. Cheryle R. Johnston, Receiver
Appeal from 309th District Court of Harris County (Judge Frank Barlow Rynd)

State of Texas v. Provost (Tex.App.–Houston [14th Dist.] June 15, 2006)(Hudson)
[trial court’s grant of new trial reversed, trial court ordered to enter judgment of conviction]
VACATED AND REMANDED: Opinion by Justice Hudson (criminal case)
Before Justices Hudson, Fowler and Seymore
14-05-00537-CR The State of Texas v. Victor Provost
Appeal from 212th District Court of Galveston County
The State appeals the trial court’s granting a motion for new trial and setting aside the conviction of Victor Provost,
appellee, for possession of a controlled substance. We vacate the order granting the motion for new trial and
remand the cause to the trial court to enter judgment of conviction in accordance with the jury’s verdict.

In re T .S . and S .A .S . (Tex.App.–Houston [14th Dist.] June 15, 2006)(Hudson)
[termination of parental rights, JMC]
AFFIRMED: Opinion by Justice Hudson
Before Justices Hudson, Fowler and Seymore
14-05-00348-CV In The Interest of T.S. and S.A.S.
Appeal from 300th District Court of Brazoria County

June 8, 2006 - Justice Hudson takes DA to task for misrepresenting the record on appeal

Anh v. State of Texas (Tex.App–Houston [14th Dist.] June 8, 2006)(Frost)(criminal case)
REVERSED AND REMANDED: Majority Opinion by Justice Frost
Before Justices Anderson, Hudson and Frost (on remand from higher court; opinion on motion for rehearing).
14-00-00560-CR Dang, Tuan Anh v. The State of Texas
Appeal from 176th District Court of Harris County
(“The Texas Court of Criminal Appeals determined that appellant satisfied the legal standard for establishing error
and remanded the case to this court for a harm analysis. The legal standard for determining whether the trial court
abused its discretion in limiting appellant’s closing argument overlaps with the inquiry as to whether any such error is
harmful. Because the high court’s rejection of our previous analysis tacitly mandates the conclusion that the error it
found is harmful, we reverse the trial court’s judgment and remand to the trial court for a new trial.”)
Concurring Opinion by Justice Hudson
("The Texas Court of Criminal Appeals, in a plurality opinion, held this court erred in concluding that the trial court did
not abuse its discretion’s in limiting the length of closing argument. Dang v. State, 154 S.W.3d 616, 622 (Tex. Crim.
App. 2005). Accordingly, the Court of Criminal Appeals remanded the cause to this court to conduct a harm
analysis. On remand, we held the error presented here is constitutional error. Because we could not conclude
beyond a reasonable doubt that the error did not contribute to appellant’s conviction, we reversed the trial court’s
judgment. Tex. R. App. P. 44.2(a). However, the State of Texas contends on rehearing that appellant has forfeited
any claim of constitutional error by failing to previously characterize it as error of constitutional magnitude. The State’s
assertion is wholly contrary to the record.”)

Ontiv e roas v. Lozano (Tex.App.-Houston [14th Dist.] April 27, 2006)(Hudson)(PI-auto, jury, damages)
AFFIRMED: Opinion by Justice Hudson
Before Justices Hudson, Fowler and Seymore
14-05-00294-CV Mario Ontiveroas v. John Lozano and Samuel Medrano
Appeal from 189th District Court of Harris County (Hon. William R. Burke JR.)

In Re Autotainment Partners L.P. (Tex.App.- Houston [14th Dist.] Jan. 20, 2006)(Hudson)(employment arbitration)
MOTION OR WRIT GRANTED: Opinion by Justice Hudson
Before Justices Hudson, Frost and Seymore
14-05-01035-CV        In Re Autotainment Partners Limited Partnership D/B/A Planet Ford and Worldwide
Autotainment Inc.
Appeal from 127th District Court of Harris County (Judge Sharolyn P. Wood)