Opinions by Justice Charles Seymore (Tex.App.- Houston [14th Dist.] 2006)

2006 Opinions by Justice Seymore in Civil Cases

                                                                                           also see --> 2007 Seymore Opinions

Martin v. Texas (Tex.App.- Houston [14th Dist.] Dec. 7, 2006)(Seymore)
[Commitment proceedings concerning persons who have been found "not guilty by reason of insanity" are civil in
nature.] REVERSED AND RENDERED: Opinion by Justice Seymore
Before Justices Hudson, Frost and Seymore
14-05-00687-CV        Martin, Robert Louis v. The State of Texas
Appeal from 232nd District Court of Harris Count

Haas v. Ashford Hollow Comm’ty Improvm’t Ass’n (Tex.App.- Houston [14th Dist.] Dec. 14, 2006)(Seymore)
[homeowner law, suit to collect assessment, lien on property, foreclosure, attorney’s fees]
AFFIRMED: Opinion by Justice Seymore
Before Justices Anderson, Edelman and Seymore)
14-05-00071-CV        John R. Haas and Frances Rawlings Haas v. Ashford Hollow Community Improvement Assoc.,
Inc.Appeal from Co Civil Ct at Law No 3 of Harris County (Judge Lynn M. Bradshaw-Hull)

Autonation v. Civic Center Motors (Tex.App.- Houston [14th Dist.] Dec. 7, 2006)(Seymore)
[bizlaw, breach of contract, quantum meruit, unjust enrichment, and promissory estoppel]
AFFIRMED: Opinion by Justice Seymore
Before Chief Justice Hedges, Justices Brock Yates and Seymore
14-06-00193-CV        Autonation Direct.Com. Inc. d/b/a Auto Advertising Services v. Civic Center Motors, LTD.
d/b/a White Plains Honda
Appeal from Co Civil Ct at Law No 1 of Harris County

Bishop v. King (Tex.App.-Houston [14th Dist.] Nov. 7, 2006)(Seymore)
[bizlaw, partnership dissolution, trust funds, traditional MSJ and no evidence MSJ, limitations, laches,
failure to address all grounds for granting summary judgment]
AFFIRMED: Justice Seymore
Before Chief Justice Hedges, Justices Seymore and Mirabal
14-05-01138-CV George M. Bishop v. John J. King
Appeal from 164th District Court of Harris County (Judge Martha Hill Jamison)

Martin v. State (Tex.App.-Houston [14th Dist.] Oct. 24, 2006)(Seymore)
[commitment by reason of insanity]
REVERSED AND RENDERED: Opinion by Justice Seymore
(Before Justices Hudson, Frost and Seymore)
14-05-00687-CV Martin, Robert Louis v. The State of Texas
Appeal from 232nd District Court of Harris County

Huang v. McGill Toyota (Tex.App.-Houston [14th Dist.] Oct 19, 2006)(Seymore)(substitute op. on rehearing)
[Consumer law, auto purchase, lease, DTPA, damages]
AFFIRMED: Opinion by Justice Seymore
Before Justices Edelman, Seymore and Guzman
14-03-01287-CV Hong Huang, LaTonia Calamease, Isaak Golbraykh, Zhi Yuan Liu, Juan Ramon Mejia, Lie Kai
Pon, Yan Fen Xian, Guoyue Yu, Jing Yan Zhou, Chi-Chih Tsai, Jian-Feng Li, and Chiu K. Lee v. Don McGill Toyota,
Inc.--Appeal from 11th District Court of Harris County (Hon. Mark Davidson)
Concurring Opinion by Justice Edelman

Holzwarth v. Beek (Tex.App.-Houston [14th Dist.] Oct. 17, 2006)(Seymore)
[absolute immunity]
AFFIRMED: Opinion by Justice Seymore
Before Chief Justice Hedges, Justices Brock Yates and Seymore
14-05-00070-CV Robert W. Holzwarth v. Belinda Beek
Appeal from 151st District Court of Harris County

In Re Whatley (Tex.App.-Houston [14th Dist.] Oct. 13, 2006)(Seymore)
[recusal, disqualification of judge, lack of jurisdiction, mandamus granted]
MOTION OR WRIT GRANTED: Opinion by Justice Seymore
(Before Justices Hudson, Frost and Seymore)
14-05-01222-CV In Re: Dawn Johnson Whatley--Appeal from Probate Court No 2 of Harris County

Gardner v. Cummings (Tex.App. - Houston [14th Dist.] August 22, 2006)(Seymore)
[lease law, BoC, debt, statute of limitations, counter-defenses to limitations fail, estoppel, oral agreement to extend
deadline, due date, forbearance; grant of motion for new trial normally not appealable]
AFFIRMED: Opinion by Justice Seymore
Before Justices Hudson, Fowler and Seymore
14-04-01074-CV Bruce E. Gardner v. Claude Cummings Jr. & Ruth Cummings
Appeal from 234th District Court of Harris County (Judge Bruce D. Oakley)

Bhakta v. 2B2E, Inc. (Tex.App. - Houston [14th Dist.] August 22, 2006)(Seymore)
[suit on sworn account, building supplies, evidentiary objection, admission of evidence]
AFFIRMED: Opinion by Justice Seymore
Before Justices Hudson, Fowler and Seymore
14-04-01152-CV Mike Bhakta and Greenway Plaza Hospitality Inc. v. 2B2E, Inc., DBA Hughes Lumber-Plus
Appeal from Co Civil Ct at Law No 3 of Harris County (Judge Lynn M. Bradshaw-Hull)

Syleasing v. Tejas Avco (Tex.App.- Houston [14th Dist.] Aug. 10, 2006)(Seymore)
[arbitration in the absence of agreement, equitable estoppel exception, motion to compel arbitration denied,
contract, quantum meruit]
AFFIRMED: Opinion by Justice Seymore
Before Justices Hudson, Frost and Seymore
14-05-00212-CV Skyleasing, LLC v. Tejas Avco Inc., D/B/A Houston Southwest Airport
Appeal from 240th District Court of Fort Bend County
(“A party’s right to litigate a dispute that the party has not agreed to arbitrate is at least as worthy of protection as a
bargained for right to arbitration.” Yazdani Beioky v. Bhandara, No. 14 00 01509 CV, 2001 WL 1429414, at *3,
(Tex. App.-Hous. [14 Dist.] Nov. 15, 2001, no pet.) (not designated for publication) (citing Freis, 877 S.W.2d at
284). Because the “limited” circumstances warranting application of the equitable estoppel doctrine are not clearly
satisfied here, we hold the trial court did not abuse its discretion by finding the Airport should not lose its right to
litigate its dispute with Skyleasing - a complete stranger to the lease. Accordingly, we overrule Skyleasing’s sole
issue and affirm the trial court’s order denying Skyleasing’s motion to compel arbitration.”)

Justice Seymore Dissents in Recusal Case

In Re Easton (Tex.App.- Houston [14th Dist.] Aug. 10, 2006)(Hudson)
[recusal and disqualification law, writ of habeas corpus sought, contempt of court, ex parte communication with
judge per email, multiple recusal motions, did judge have authority to issue order with recusal motion pending?]
MOTION OR WRIT DENIED: Opinion by Justice Hudson
Before Justices Hudson, Frost and Seymore
14-06-00674-CV In Re: Michael Easton
Appeal from [Judge Wood]
Dissenting Opinion by Justice Seymore
(“I withdraw my dissenting opinion of August 10, 2006 and issue this corrected opinion. Consistent with our original
and supplemental opinions in In re Whatley, 2006 WL 1490161 (Tex. App.- Houston [14th Dist.] 2006, orig.
proceeding), Judge Wood was required to recuse himself or request assignment of another judge in the case prior
to taking any “further action in the case.” See Tex. R. Civ. P. 18a(d). The order which is the subject of Judge
Wood’s show cause proceeding was entered on February 7, 2006, during the pendency of the September 9, 2005,
motion to recuse. The majority has drawn a fine line by implicitly concluding that Judge Wood was not taking
“further action in the case” when he signed the February 7, 2006 order. I agree with the majority that Judge Wood
has the power, inherent in his office, to deal with persons who disobey lawful orders. However, upon issuance of
our original and supplemental opinions, the order sought to be enforced was rendered void. Accordingly, I
respectfully dissent.”)

Justice Seymore Dissents on Constitutional Grounds

Houston v. State (Tex.App.- Houston [14th Dist.] Aug. 10, 2006)(criminal case)(Hudson)
AFFIRMED: Opinion by Justice Hudson
Before Justices Hudson, Frost and Seymore
14-04-00725-CR Anton Devon Nikkynuebe Houston aka Anton N. Robertson v. The State of Texas
Appeal from 179th District Court of Harris County
Dissenting Opinion by Justice Seymore
(“Because the trial court failed to conduct a plea colloquy, the forms signed by appellant contained numerous
discrepancies, and the record reflects appellant’s uncontroverted assertions he believed he was “signing for
probation,” appellant’s plea was involuntary under both state law and the federal constitution. Accordingly, I would
sustain appellant’s first issue and reverse and remand for further proceedings in the trial court.”)

In re Whatley (Tex.App.- Houston [14th Dist.] Aug. 8, 2006)(Seymore)
[recuse, multiple recusal motions, tertiary motion]
MOTION OR WRIT DENIED: Opinion by Justice Seymore
Before Justices Hudson, Frost and Seymore
14-05-01222-CV In Re: Dawn Johnson Whatley
Appeal from Probate Court No 2 of Harris County

In Re JRF (Tex.App.–Houston [14th Dist.] July 13, 2006)(Seymore)
[juvenile proceeding, delinquency adjudication, theft, CD player, a headset, and thirty CDs stolen at school from
fellow student; sufficiency of the evidence to support adjudication]
AFFIRMED: Opinion by Justice Seymore
Before Justices Hudson, Frost and Seymore
14-04-00818-CV In the Matter of J.R.F
Appeal from 314th District Court of Harris County (Judge John Phillips)

Bhakta v. 2B2D, Inc. (Tex.App.–Houston [14th Dist.] July 13, 2006)(Seymore)
[suit on account, goods delivered and not paid for, admission of evidence]
AFFIRMED: Opinion by Justice Seymore
Before Justices Hudson, Fowler and Seymore
14-04-01152-CV Mike Bhakta and Greenway Plaza Hospitality Inc. v. 2B2E, Inc., DBA Hughes Lumber-Plus
Appeal from Co Civil Ct at Law No 3 of Harris County (Judge Lynn M. Bradshaw-Hull)

Coats v. Farmers Ins. Exchange (Tex.App.-Houston [14th Dist.] June 29, 2006)(Seymore)
[homeowner insurance policy, insurance code claim]
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Seymore
Before Justices Hudson, Frost and Seymore)
14-04-00686-CV John Coats and Shahin Coats v. Farmers Insurance Exchange
Appeal from 270th District Court of Harris County (Brent Gamble)

Chapman v. Olbrich (Tex.App.-Houston [14th Dist.] June 29, 2006)(Seymore)
[homeowner law, real estate transactions, 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
Dissenting Opinion by Justice Hudson

Hawkins v. Hawkins (Tex.App.–Houston [14th Dist.] June 20, 2006)(Seymore)
[property division in no-fault divorce; split need not be exactly 50:50 in light of other factors, incl. disparity in
earnings capacity]
AFFIRMED: Opinion by Justice Seymore
Before Justices Hudson, Fowler and Seymore
14-05-00117-CV Richard E. Hawkins v. Amy Hawkins
Appeal from 328th District Court of Fort Bend County (Judge Ronald R. Pope)

Tran v. Equivest Properties (Tex.App.-Houston [14th Dist.] April 20, 2006)(Seymore)
[real estate earnest money liquidated damages, “as is” provision, fraud, negligent misrepresentation, and breach of
contract, BoC, default judgment, restricted appeal, pleading sufficiency, absence of special exceptions, dual
recovery]
AFFIRMED AS MODIFIED [as to amount of damage award]: Opinion by Justice Seymore
Before Justices Hudson, Frost and Seymore
14-04-01037-CV Hang Anthony Tran and Lich Thuy Hoang v. Equivest Properties Inc., Trustee
Appeal from Co Civil Ct at Law No 3 of Harris County

De M ino v. Sheridan (Tex.App.-Houston [14th Dist.] April 20, 2006, pet. denied)(Seymore)
AFFIRMED: Opinion by Justice Charles Seymore
[judicial communications privilege protects even perjured testimony; Provost entitled to res judicata defense where
federal court granted summary judgment for the Dean notwithstanding federal court's denial of attempted joinder of
Provost as additional defendant in the federal action.]
AFFIRMED: Opinion by Justice Seymore
Before Justices Hudson, Fowler and Seymore
14-05-00210-CV Wolfgang Hirczy De Mino v. Edward P. Sheridan, Jerald W. Strickland, In His Official Capacity as
Successor to Edward P. Sheridan in the Office of Provost at the University of Houston
Appeal from 281st District Court of Harris County (Hon. Grant Dorfman)

Wilson v. Harris County Water (Tex.App.–Houston [14th Dist.] March 28, 2006)(Seymore))
[TTCA, immunity, dismissal affirmed for want of jurisdiction, employee dismissed too b/c governmental unit
dismissed]
AFFIRMED: Opinion by Justice Charles Seymore
Before Justices Hudson, Fowler and Seymore
14-05-00078-CV Leroy Wilson v. Harris County Water Control & Improvement District # 21 and Mike Buckner
Appeal from 269th District Court of Harris County (Judge John Thomas Wooldridge)

Tex-On Motor v. Trans South Financial (Tex.App.–Houston [14th dist.] March 16, 2006)(Seymore)
[Motion for new trial erroneously denied; new evidence of perjured testimony on controlling fact requires reversal]
DISMISSED IN PART; REVERSED AND REMANDED IN PART:
Opinion by Justice Charles W. Seymore
Before Justices Edelman, Seymore and Guzman
14-04-00366-CV
Tex-On Motor Center v. Trans South Financial Corporation, Roy D. Fitzpatrick and Marsha J. Fitzpatrick
Appeal from Co Civil Ct at Law No 4 of Harris County

Criminal Cases

Stephen v. State (Tex.App.- Houston [14th Dist.] Aug. 15, 2006)(Seymore)(criminal case)
[reversed for procedural error by prosecution]
REVERSED AND REMANDED: Opinion by Justice Seymore
Before Justices Hudson, Fowler and Seymore
14-04-00798-CR Fleck, Marcus Stephen v. The State of Texas
Appeal from 176th District Court of Harris County

Justice Seymore Dissents on Constitutional Grounds

In the Interest of HRM (Tex.App.- Houston [14th Dist.] Feb. 2006)(Seymore)
(termination of parental rights reversed)
REVERSED AND REMANDED: Opinion by Justice Seymore
(Before Justices Brock Yates, Hudson and Seymore)
14-05-00281-CV In the Interest of H.R.M.
Appeal from 300th District Court of Brazoria County
Dissenting opinion by Justice Brock Yates in In the Interest of H.R.M.

Houston v. State (Tex.App.- Houston [14th Dist.] Aug. 10, 2006)(criminal case)(Hudson)
AFFIRMED: Opinion by Justice Hudson
Before Justices Hudson, Frost and Seymore
14-04-00725-CR Anton Devon Nikkynuebe Houston aka Anton N. Robertson v. The State of Texas
Appeal from 179th District Court of Harris County
Dissenting Opinion by Justice Seymore
(“Because the trial court failed to conduct a plea colloquy, the forms signed by appellant contained numerous
discrepancies, and the record reflects appellant’s uncontroverted assertions he believed he was “signing for
probation,” appellant’s plea was involuntary under both state law and the federal constitution. Accordingly, I would
sustain appellant’s first issue and reverse and remand for further proceedings in the trial court.”)

Other 2006 Opinions by Justice Seymore

Coats v. Farmers Ins. Exchange (Tex.App.-Houston [14th Dist.] June 29, 2006)(Seymore)(consumer law)
[homeowner insurance policy, insurance code claim]
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Seymore
Before Justices Hudson, Frost and Seymore)
14-04-00686-CV John Coats and Shahin Coats v. Farmers Insurance Exchange
Appeal from 270th District Court of Harris County (Brent Gamble)

Wilson v. Harris County Water (Tex.App.–Houston [14th Dist.] March 28, 2006)(Seymore)
[TTCA, dismissal affirmed for want of jurisdiction, employee dismissed too b/c governmental unit dismissed]
AFFIRMED: Opinion by Justice Charles Seymore
Before Justices Hudson, Fowler and Seymore
14-05-00078-CV Leroy Wilson v. Harris County Water Control & Improvement District # 21 and Mike Buckner
Appeal from 269th District Court of Harris County (Judge John Thomas Wooldridge)

Tex-On Motor v. Trans South Financial (Tex.App.–Houston [14th Dist.] March 16, 2006)(Seymore)(consumer law)
[consumer law, auto repair, conversion, temporary injunction]
DISMISSED IN PART; REVERSED AND REMANDED IN PART:
Opinion by Justice Seymore
(Before Justices Edelman, Seymore and Guzman)
14-04-00366-CV Tex-On Motor Center v. Trans South Financial Corporation, Roy D. Fitzpatrick and Marsha J.
Fitzpatrick
Appeal from Co Civil Ct at Law No 4 of Harris County (Judge Cynthia Crowe)

In Re: Suzanne C. Saperstein (Tex.App.- Houston [14th Dist.] Feb. 6, 2007)(Seymore)
MOTION OR WRIT DENIED: Justice Seymore
(Before Justices Hudson, Frost and Seymore)
14-05-01154-CV In Re: Suzanne C. Saperstein
Appeal from 310th District Court of Harris County (Judge Lisa A. Millard)