Opinion by Justice Timothy Taft of the First Court of Appeals of Texas (Houston)

2006 Opinions Authored by Justice Timothy Taft

Lewis v. Nolan II (Tex.App.- Houston [1st Dist.] Dec. 14, 2006)(Taft)(supplemental opinion)
Note: Check second supplemental opinion issued March 29, 2007 re: supplementation of record
[attorney malpractice, expert opinion required, MSJ, no-evidence, traditional, appellate record]
AFFIRM TC JUDGMENT: Opinion by Justice Taft
Before Justices Taft, Higley and Bland
01-04-00865-CV        George Neil Lewis v. Jack D. Nolan
Appeal from 270th District Court of Harris County (Hon. Brent Gamble)

Nexen v. Gulf Interstate Engineering (Tex.App.- Houston [1st Dist.] Nov. 30, 2006)(Taft)
[commercial law, choice of law, statute of repose]
AFFIRM TC JUDGMENT: Justice Taft
Before Justices Taft, Keyes and Hanks
01-04-01223-CV Nexen Inc., Nexen Petroleum Operations Yemen Limited, and Canadian Nexen Petroleum Yemen v.
Gulf Interstate Engineering
Appeal from 127th District Court of Harris County (Hon. Sharolyn Wood)

Bill Heard Chevrolet v. Todd (Tex.App.- Houston [1st Dist.] Nov. 30, 2006)(Taft)
[ILA inappropriate, dismissed, arbitration under FAA]
DISMISS APPEAL: Justice Taft
Before Justices Taft, Keyes and Hanks
01-06-00183-CV Bill Heard Chevrolet, Ltd v. John Todd and Suzanne Todd
Appeal from 268th District Court of Fort Bend County

In Re Bill Heard Chevrolet (Tex.App.- Houston [1st Dist.] Nov. 30, 2006)(Taft)
(Arbitration Mandamus denied)
DENY PETITION FOR WRIT OF MANDAMUS: Justice Taft
Before Justices Taft, Keyes and Hanks
01-06-00324-CV In re Bill Heard Chevrolet, LTD
Appeal from 268th District Court of Fort Bend County
Concurring Opinion by Justice Keyes

Tricon Tool v. Thumann (Tex.App.- Houston [1st. Dist.] Nov. 16, 2006)(Taft)
[biz law, quantum meruit, sj, res judicata, express contract]
AFFIRM TC JUDGMENT: Justice Taft
Before Justices Taft, Keyes and Hanks
01-04-01061-CV Tricon Tool & Supply, Inc. v. Bruce E. Thumann
Appeal from 129th District Court of Harris County (Hon Grant Dorfman)

Garrett v. CPS (Tex.App.- Houston [1st. Dist.] Nov. 16, 2006)(Taft)
AFFIRM TC JUDGMENT: Justice Taft
Before Justices Taft, Keyes and Hanks
01-05-00982-CV Anne Garrett v. Department of Family and Protective Services
Appeal from 313th District Court of Harris County (Hon. Pat Shelton)

Hong Kong Dev., Inc. v. Nguyen (Tex.App.- Houston [1st Dist.] Nov. 9, 2006)(Taft)
[lease law, eviction, forcible detainer, severance, consolidation, justice court county court jurisdiction, indemnity]
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Justice Taft
Before Chief Justice Radack, Justices Taft and Nuchia
01-04-00586-CV Hong Kong Development, Inc., Hai Du Duong, and Phuong Truong Tu v. Kim Loan Nguyen d/b/a
Alpha Bakery--Appeal from Co unty Civil C our t at Law No 1 of Harris County

Brown v. Traylor (Tex.App.- Houston [1st Dist.] Nov. 2, 2006)(Taft)
[will]
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER
PROCEEDINGS: Justice Taft
Before Justices Taft, Higley and Bland
01-04-01091-CV George Brown v. Lucy Traylor and Leona Simpson
Appeal from Probate Court No 4 of Harris County
Dissenting Opinion by Justice Keyes

Lewis v. Nolan (Tex.App.- Houston [1st Dist.] Oct 5, 2006)(Taft)
[legal malpractice, suit on note, DTPA, NE-MSJ]
AFFIRM TC JUDGMENT: Opinion by Justice Taft
(Before Justices Taft, Higley and Bland)
01-04-00865-CV George Neil Lewis v. Jack D. Nolan--Appeal from 270th District Court of Harris County

Scranton v. State of Texas (Tex.App.–Houston [1st Dist.] June 22, 2006)(criminal case)
[rigth to self-representation; oral pronouncement controls over the written judgment)
MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Taft
Before Chief Justice Radack, Justices Taft and Nuchia
01-05-00171-CR Timothy Keith Scranton v. The State of Texas
Appeal from 182nd District Court of Harris County
(“We modify the judgment of the trial court to conform to the trial court’s oral findings of “true” on the enhancement
paragraphs. As modified, we affirm the judgment of the trial court.“)

Goudeau v. Rodriguez and U.S. Fidelity & Guarantee Co (Tex.App.- Houston [1st Dist.] Aug. 31, 2006)(Taft)(auto PI,
insurance law, UIM coverage)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER
PROCEEDINGS: Opinion by Justice Taft
(Before Chief Justice Radack, Justices Taft and Nuchia)
01-04-01168-CV        Louis Goudeau and Tasha Goudeau v. Alex Rodriguez and United States Fidelity & Guaranty
Company--Appeal from 280th District Court of Harris County

Gainous v. Gainous (Tex.App.- Houston [1st Dist.] Aug. 24, 2006)(Taft)(divorce)
AFFIRM TC JUDGMENT: Opinion by Justice Taft
Before Justices Keyes and Hanks
01-04-00427-CV Brenda Joyce Gainous v. Thomas Earl Gainous
Appeal from 246th District Court of Harris County (Judge Jim York)
Gainous v. Gainous (Tex.App.- Houston [1st Dist.] Aug. 24, 2006)(concurring opinion by Hanks)
Gainous v. Gainous (Tex.App.- Houston [1st Dist.] Aug. 24, 2006)(dissenting opinion by Keyes)

Greanias v. Metrolitan (Tex.App.-Houston [1st Dist.] June 8, 2006)(Taft)
[church dispute, first amendment, jurisdiction]
AFFIRM TC JUDGMENT: Opinion by Justice Taft
Before Chief Justice Radack, Justices Taft and Nuchia)
01-04-00786-CV Basil Greanias, James F. Bellos, Argo Georgandis, Chris A. Nickolas, Gus E. Pappas, James S.
Pappas, Spiro J. Pappas, Peter J. Petkas, Fran A. Pond and Bruce Rollins v. Metropolitan Isaiah, Father Gabriel
Karambis, Spyros Catechis, Vasso Jacomides, Chris Kaitson, A. J. Kantalis, Theodore X. Koinis, Nicolas Kyriazis,
Constantine S. Llollio, Richard McGee, Sofia Petrou, Martha Stefanidakis and John Zavitsanos
Appeal from 133rd District Court of Harris County

In re Holt (Tex.App.-Houston [1st Dist.] June 8, 2006)(Taft)
GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Taft
Before Justices Taft, Higley and Bland
01-06-00290-CV In re William Gregory Holt
Appeal from Co Civil Ct at Law No 1 of Harris County

Kainer v. ABMC Corp. (Tex.App.- Houston [1st Dist.] Feb. 23, 2006, no pet.)(Taft)
[real estate law, excess proceeds from foreclosure sale]
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER
PROCEEDINGS: Opinion by Justice Taft
Before Justices Taft, Higley and Bland
01-05-00338-CV        Gary Kainer v. ABMC Corporation and Union Planters Bank, N.A.
Appeal from 270th District Court of Harris County (Judge Brent Gamble)