Daughtery v. Jacobs (Tex.App.- Houston [14th Dist. Jan 19, 2006)(Anderson)(DTPA car repair, consumer law) AFFIRMED AS MODIFIED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Brock Yates and Anderson 14-04-00682-CV Ken Daugherty v. Mel Jacobs Appeal from 80th District Court of Harris County (Judge Kent Sullivan)
Supreme Court Reviews DTPA Suit
Tony Gullo Motors I v. Chapa, No. 04-0961 (Tex. Dec. 22, 2006)(Justice Brister) [consumer law, car purchase, DTPA, election of remedies, exemplary damages, constitutional cap] TONY GULLO MOTORS I, L.P. AND BRIEN GARCIA v. NURY CHAPA; from Montgomery County; 9th district (09-03- 00568-CV, ___ S.W.3d ___, 08/26/04) The Court remands to the court of appeals for further proceedings consistent with this opinion.
Charges Not Proven Reasonable
Arrellano v. J&K Garment Restoration Co. (Tex.App.- Houston [14th Dist.] Dec. 22, 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 County Civil Court at Law No 4 of Harris County
Houtex Ready Mix Concrete v. Eagle Construction (Tex.App.- Houston [1st Dist.] Dec. 7, 2006)(Bland) [DTPA, frivolous suit, attorney's fees, sanctions, bad faith] AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Bland Before Chief Justice Radack, Justices Alcala and Bland 01-05-00963-CV HouTex Ready Mix Concrete & Materials v. Eagle Construction and Environmental Services, LP--Appeal from County Civil Court at Law No 4 of Harris County
DTPA Suit Against Car Dealership over Zero-Interest Financing / Lease
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
Douglas v. Washington Mutual Bank (Tex.App.-Houston [14th Dist.] Oct. 10, 2006, pet denied 5/4/07)(Seymore) [consumer law, home purchase, forged warranty deed, note, summary judgment, sj evidence, conclusory affidavit] AFFIRMED: Opinion by Justice Seymore (Before Justices Hudson, Fowler and Seymore) 14-05-00282-CV Ralph O. Douglas v. Washington Mutual Bank Appeal from 190th District Court of Harris County
Credit Card Holder Scores Partial Victory on Finance Charges - Appeals Panel Revises Original Opinion
Hay v. Citibank (Tex.App.– Houston [14th Dist.] Sep. 14, 2006)(Edelman)(subst. opinion) [consumer law, credit card debt, quantum meruit, SJ, partial reversal, bank failed to prove agreement on finance charges] AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Edelman Before Justices Fowler, Edelman and Guzman 14-04-01131-CV Kelly K. Hay v. Citibank (South Dakota) N.A. Appeal from County Civil Court at Law No 2 of Harris County (Judge Gary Michael Block)
Denial of Uninsured Motorist Coverage Reversed
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)
Credit card holder scores partial victory over finance charges
Hay v. Citibank (Tex.App.–Houston [14th. Dist.] June 27, 2006) Note: This opinion was withdrawn and a substitute opinion was issued Sept 14. 2006; see above AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Edelman [debtor’s challenge to summary judgment on credit card debt; partially reversed for lack of evidence supporting calculation of charges for interest] Before Justices Fowler, Edelman and Guzman 14-04-01131-CV Kelly K. Hay v. Citibank (South Dakota) N.A. Appeal from County Civil Court at Law No 2 of Harris County (Judge Gary Michael Block)
Credit card holder successfully disputes charges
Alexander v. Citibank (Tex.App.- Houston [14th Dist.] Jan 17, 2006)(opinion by Justice Kem Frost) [consumer law, credit card dispute, quantum meruit, not all charges proven] AFFIRMED: Opinion by Justice Frost Before Chief Justice Hedges, Justices Anderson and Frost 14-04-01087-CV Susan Alexander v. Citibank (South Dakota) N.A Appeal from County Civil Court at Law No 2 of Harris County (Judge Gary M. Block)
Car owners win judgment in Deceptive Trade Practices Act suit over 324-day delay in transmission repair, but mental anguish damages are overturned on appeal
Momentum Motor Cars Ltd v. Haunstein (Tex.App.-Houston [14th Dist.] July 20, 2006)(opinion by Hedges) [consumer suit over defective auto transmission repair, DTPA, knowing violation, unconscionable conduct, judgment in favor of consumers affirmed except for mental anguish damages] AFFIRMED AS MODIFIED: Opinion by Chief Justice Adele Hedges Before Chief Justice Hedges, Justices Brock Yates and Guzman 14-05-00478-CV Momentum Motor Cars Ltd d/b/a Momentum Saab and Tavax Inc. d/b/a Discount Car Clinic v. Karl and Sue Haunstein Appeal from 240th District Court of Fort Bend County (Hon. Thomas Ralph Culver)
Huang v. McGill Toyota (Tex.App.-Houston [14th Dist.] Oct 19, 2006)(Seymore)(substitute opinion 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
Daughtery v. Jacobs (Tex.App.- Houston [14th Dist. Jan 19, 2006)(Anderson) (DTPA car repair, consumer law) AFFIRMED AS MODIFIED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Brock Yates and Anderson 14-04-00682-CV Ken Daugherty v. Mel Jacobs Appeal from 80th District Court of Harris County (Judge Kent Sullivan)
Fire Insurance Exchange v. Sullivan (Tex.App.- Houston [14th Dist.] Feb. 7, 2006)(Guzman) [insurance homeowner, water damage, mold] REVERSED AND RENDERED: Justice Guzman (Before Justices Edelman, Seymore and Guzman) 14-04-00081-CV Fire Insurance Exchange v. Clifton Sullivan and Diane Sullivan Appeal from County Court at Law No 3 & Probate Court of Brazoria County
Automobile Purchases, Car Repairs, Car Insurance
Kheir v. Progressive County Mutual Ins. Co. (Tex.App.–Houston [14th Dist.] June 13, 2006)(Fowler) [conversion involving car, car title, DTPA, breach of contract, negligent representation, fraud, conspiracy, conversion, and wrongful repossession, declaratory relief and specific performance; subrogation; denial of order undeeming deemed admissions not an abuse of discretion; good cause not established by proper evidence; legal sufficiency of award of exemplary damages] http://www.14thcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=82232 AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Fowler Before Justices Hudson, Fowler and Seymore 14-04-00694-CV Said Kheir a/k/a Benny Kheir, Individually, C & S Sports & Imports and Remington International v. Progressive County Mutual Insurance Company, as Subrogee of Jose Antonio Valdes Appeal from County Civil Court at Law No 4 of Harris County (Judge Cynthia Crowe)
Pye’s Auto Sales v. Gulf State Finance Co. (Tex.App.-Houston [1st Dist.] May 25, 2006)(Nuchia) [auto financing, alter ego, piercing corporate veil, actual authority, apparent authority, ratification, Sidney is not liable in his individual capacity] http://www.1stcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=83076 AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER JUDGMENT: Opinion by Justice Nuchia (Before Chief Justice Radack, Justices Taft and Nuchia) 01-05-00670-CV Pye's Auto Sales, Inc., and Sidney T. Pey, III, a/k/a Sidney Pye v. Gulf States Finance Company Appeal from 151st District Court of Harris County (Hon. Caroline E. Baker)
Truck Insurance v. Chalfant (Tex.App.–Houston [1st Dist.] April 13, 2006)(Hanks) [automobile insurance coverage dispute, no auto insurance coverage for company president because insured was the corporation and claimant was not a family member of the corporation, nor an individual designated by name as covered] REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice George Hanks Before Justices Nuchia, Keyes and Hanks 01-05-00546-CV Truck Insurance Exchange v. Steven Chalfant Appeal from 133rd District Court of Harris County (Hon. Lamar McCorkle) (“Where only a corporation is named as an insured and no name is provided as a designated person in the UM/UIM endorsement, the policy has a certain and definite legal meaning which did not include coverage for occupants of a vehicle which was not owned or leased by the corporation.”)
Tex-On Motor v. Trans South Financial (Tex.App.–Houston [14th Dist.] March 16, 2006)(Seymore) [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 County Civil Court at Law No 4 of Harris County (Judge Cynthia Crowe)
Momentum Motor Cars Ltd v. Haunstein (Tex.App.-Houston [14th Dist.] July 20, 2006)(opinion by Hedges) [consumer suit over defective auto transmission repair, DTPA, knowing violation, unconscionable conduct, judgment in favor of consumers affirmed except for mental anguish damages] AFFIRMED AS MODIFIED: Opinion by Chief Justice Adele Hedges Before Chief Justice Hedges, Justices Brock Yates and Guzman 14-05-00478-CV Momentum Motor Cars Ltd d/b/a Momentum Saab and Tavax Inc. d/b/a Discount Car Clinic v. Karl and Sue Haunstein Appeal from 240th District Court of Fort Bend County (Hon. Thomas Ralph Culver)
Other consumer problems and issues
Carruth v. Sci Texas Funeral Services, Inc. (Tex.App.–Houston [1st Dist.] July 20, 2006)(by Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Nuchia, Keyes and Hanks) 01-04-00993-CV Hunter Carruth v. Sci Texas Funeral Services, Inc. Appeal from County Civil Court at Law No 4 of Harris County