2006 Opinions by Justice Terry Jennings - First Court of Appeals of Texas in Houston

LINKS TO OPINIONS BY OTHER JUSTICES               Also see ---> Dissents and Concurrences

Chief Justice Sherry Radack
Justice Elsa Alcala
Justice Jane Nenninger Bland
Justice Laura Carter Higley
Justice Evelyn Keyes
Justice George Hanks, Jr
Justice Sam Nuchia
Justice Timothy Taft

Justice Jennings Writes Separate Opinions In Parent Rights Termination Cases

Rappa v. CPS (Tex.App.- Houston [1st Dist.] Dec. 21, 2006)(Nuchia)
[family law, termination of parental rights]
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Nuchia
Before Justices Nuchia, Jennings and Higley
01-06-00253-CV Rick Walker and Jessica Rappa v. Department of Family and Protective Services
Appeal from 344th District Court of Chambers County
Concurring and Dissenting Opinion by Justice Jennings

Colbert v. CPS (Tex.App.- Houston [1st Dist.] Dec. 21, 2006)(Nuchia)
[termination of parental rights, several children]
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Nuchia
Before Justices Nuchia, Jennings and Higley
01-04-01232-CV Ericka Shannette Colbert v. Department of Family and Protective Services
Appeal from 314th District Court of Harris County
Concurring and Dissenting Opinion by Justice Jennings

Opinions by Justice Jennings

ERISA Preemption Issue Analyzed

Stiles v. Memorial Herman (Tex.App.– Houston [1st Dist.] Jan 11, 2007)(Jennings)
[workplace injury, ERISA preemption, federal jurisdiction, removal and remand, release of
claim]
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings
Before Chief Justice Radack, Justices Jennings and Alcala)
01-05-00473-CV Mattie Stiles v. Memorial Hermann Healthcare System
Appeal from Co Civil Ct at Law No 4 of Harris County (Hon. Cynthia Crowe)

El Naggar Fine Arts v. Indian Harbor (Tex.App.- Houston [1st Dist.] Jan. 11, 2006)(Jennings)
[res judicata based on prior federal court judgment, privity, insurance coverage]
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings
Before Justices Nuchia, Jennings and Higley
01-05-01069-CV El Naggar Fine Arts Furniture, Inc., and Ahmed El Naggar v. Indian Harbor Insurance Company--
Appeal from 165th District Court of Harris County (Hon. Elizabeth Ray)

Pool v. CPS (Tex.App.- Houston [1st Dist.] Dec. 14, 2006)(Jennings)
[family law, termination of parental rights, ineffective counsel, constitutionality questionable]
AFFIRM TC JUDGMENT: Opinion by Justice Jennings
Before Justices Nuchia, Jennings and Higley
01-05-01093-CV        Jonathon E. Pool v. Department of Family and Protective Services
Appeal from 313th District Court of Harris County
("In making our holding above, we join the Fort Worth Court of Appeals and Justice Vance of the Waco Court of
appeals "in questioning the practical applications and constitutional validity of this statute," but we also agree that we
simply "are barred by the legislature" from considering Pool's issues.")

CMNC Healthcare Properties v. Medistar Corp. (Tex.App.- Houston [1st Dist.] Dec. 14, 2006)(Jennings)
[temporary injunction, modification, interlocutory appeal, ILA, claims of conversion, theft of trade secrets and
proprietary and confidential information, tortious interference, fraud, and breach of fiduciary duties]
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Jennings
Before Justices Nuchia, Jennings and Higley)
01-06-00182-CV        CMNC Healthcare Properties LLC, Meridian Healthcare Properties, LLC, Healthcare
Development, Ltd., James Muska, Edward Neese and James T. Collier v. Medistar Corporation
Appeal from 113th District Court of Harris County (Hon. Patricia Hancock)

Izaguirre v. Morton Road Municipal Utility (Tex.App.- Houston [1st Dist.] Nov. 9, 2006)(Jennings)
[tax case, default judgment, notice]
AFFIRM TC JUDGMENT: Justice Jennings
Before Justices Nuchia, Jennings and Higley
01-05-00990-CV Alejandra Sofia Izaguirre v. Morton Road Municipal Utility
Appeal from 61st District Court of Harris County
("A party seeking to rebut this presumption has the burden to affirmatively show lack of notice.")

Ruiz v. CPS (Tex.App.- Houston [1st Dist.] Nov. 2, 2006)(Jennings)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Jennings
(Before Justices Jennings, Hanks and Higley)
01-05-00556-CV Monica Ruiz v. Department of Family and Protective Services
Appeal from 314th District Court of Harris County

Gar Assoc. v. State of Texas (Tex.App.-Houston [1st. Dist.] Nov. 2. 2006)(Jennings)
[plea to the jurisdiction, condemnation, lease]
AFFIRM TC JUDGMENT: Justice Jennings
(Before Justices Nuchia, Jennings and Higley)
01-05-00886-CV Gar Associates, III, L.P. v. State of Texas, acting by and through the Texas Department of
Transportation--Appeal from Co Civil Ct at Law No 4 of Harris County

Alpert v. Gerstner (Tex.App.- Houston [1st Dist.] Aug. 31, 2006, pet. denied 6/1/2007)(Jennings)(breach of fiduciary
duty, judicial immunity)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings
(Before Judge Price, Justices Jennings and Alcala)
01-05-00418-CV        Roman Merker Alpert and Renne Picazo, n/f/o Daniel Alpert v. Karen S. Gerstner, Ind., and as
Receiver for the Roman Merker Alpert Trust, The Daniel James Alpert Trust and The Robert Alpert 1996 Children's
Trust, and Davis, Ridout, Jones and Gerstner, L.L.P.
Appeal from Probate Court No 2 of Harris County

Internconex Inc. v Ugaro (Tex.App. [1st Dist.] May 3, 2007)((Jennings) (opinion on rehearing)
Interconex Inc. v. Ugaro. No. 01-05-00524-CV (Tex.App.- Houston [1st Dist.] Aug. 31, 2006)(superseded)
[breach of contract, negligence, defamation, default judgment law, failure to answer, conscious indifference,
conclusory evidence]
AFFIRM TC JUDGMENT: Opinion by Justice Jennings
(Before Chief Justice Radack, Justices Jennings and Alcala)
01-05-00524-CV        Interconex, Inc., d/b/a Interdeaninterconex v. Nick Ugarov
Appeal from 280th District Court of Harris County

City of Houston v. Levingston (Tex.App- Houston [1st Dist.] Jul. 27, 2006)(Jennings)(Whistleblower Act)
AFFIRM TC JUDGMENT: Opinion by Justice Jennings
Before Justices Taft, Jennings and Bland
01-03-00678-CV City of Houston v. Sam Levingston, DVM
Appeal from 125th District Court of Harris County (Judge John Coselli)

Calhoun v. Ying (Tex.App.- Houston [1st Dist.] Jul 27, 2006)(Jennings)(conversion, theft liability, discovery protection)
AFFIRM TC JUDGMENT: Opinion by Justice Jennings
Before Justices Jennings, Hanks and Higley
01-05-00489-CV Randy G. Calhoun v. Steven Ying
Appeal from 157th District Court of Harris County (Judge Randall Wilson)

Highland Capital Management LP v. Ryder Scott Co (Tex.App.- Houston [1st Dist.] Jul. 27, 2006)(Jennings)
[biz law, fraud, negligent misrepresentation, venue]
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER
PROCEEDINGS: Opinion by Justice Jennings
Before Justices Jennings, Hanks and Higley
01-05-00665-CV Highland Capital Management, L.P., CBO IV (Cayman) Ltd., Pamco Cayman, Ltd., Pam Capital
Funding, L.P., Famco Value Income Partnets, L.P., and Famco Offshore Ltd. v. Ryder Scott Company and Robert A
Hefner, III--Appeal from 151st District Court of Harris County (Judge Caroline E. Baker)

Waste M anagement of Texas, Inc. v. Blackwell (Tex.App.- Houston [1st Dist.] Jan 26, 2006)(Jennings)
[reversed per settlement agreement and joint motion]
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings
Before Justices Nuchia, Jennings and Higley
01-05-00628-CV        Waste Management of Texas, Inc. v. Jerry L. Blackwell, et al.
Appeal from 212th District Court of Galveston County (Hon. Susan Criss)

Duncan v. City of Houston (Tex.App.-Houston [1st Dist.] Jan. 26, 2006)(Jennings)
[TTCA notice requirement, sidewalk, premises liability, personal injury]
AFFIRM TC JUDGMENT: Opinion by Justice Jennings
Before Justices Nuchia, Jennings and Higley
01-05-00079-CV        Alvin Charles Duncan v. City of Houston
Appeal from 133rd District Court of Harris County (Hon. Lamar McCorkle)

Primary Plumbing Services, Inc. v. Certain Underwriters at Lloyds of London (Tex.App.- Houston [1st Dist.] Jan 26,
2006)(Jennings)[insurance law, duty to defend, indemnify, construction defect liability]
AFFIRM TC JUDGMENT: Opinion by Justice Jennings
Before Justices Nuchia, Jennings and Higley
01-05-00135-CV        Primary Plumbing Services, Inc. v. Certain Underwriters at Lloyds of London Participating in
Syndicate #1096 Subscribing to Certificate Number LMP 1060
Appeal from 157th District Court of Harris County (Trial Judge: Hon. Randy L. Wilson )