Parrish v. US Bank (Tex.App. - Houston [1st Dist.] May 18, 2006) (Opinion by Justice Jennings) [commercial real estate, landlord-tenant law, forcible entry and detainer, FE&D, eviction judgment, bankruptcy stay?] AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings and Alcala 01-05-00684-CV John Parrish v. US Bank, N.A. Appeal from County Civil Court at Law No 2 of Harris County (Hon. Gary Michael Block)
City of Galveston v. Texas General Land Office (Tex.App.–Houston [1st Dist.] April 20, 2006) (Opinion by Justice Jane Bland) (pet. filed) [UDJA, lease payments to State for use of submerged land under waterfront hotel, Code Construction Act] AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Taft, Higley and Bland 01-04-01096-CV The City of Galveston, Texas and Landry's Restaurants, Inc. v. The Texas General Land Office Appeal from 122nd District Court of Galveston County (Hon. John Ellisor)
This declaratory judgment action requires us to construe Texas Local Government Code section 307.042(e),[1] which enabled the City of Galveston (“the City”) to sell the Flagship Pier and Hotel—property the Legislature requires be used for public park purposes—to Landry’s Restaurants, Inc. (“Landry’s”). The City and Landry’s contend the trial court erred in interpreting the statute to allow the General Land Office (“GLO”) to assess an annual lease payment for Landry’s use of the State-owned submerged land beneath the pier and hotel. We agree with the trial court’s determination and therefore affirm.
Tenant Prevails in Wrongful Eviction Case, but Attorney's Fees Reversed For Lack of Evidence on Reasonableness
Charette v. Fitzgerald (Tex.App.- Houston [14th Dist.] Dec. 21, 2006)(Frost) [lease law, landlord tenant dispute, wrongful eviction, award of attorney’s fees reversed for lack of evidence that it was reasonable] AFFIRMED AS MODIFIED: Opinion by Justice Frost Before Justices Fowler, Edelman and Frost 14-05-00918-CV Mary Helen Charette and Gilfred Charette v. Kassie Fitzgerald and John Blake Fitzgerald Appeal from 334th District Court of Harris County (Hon. Sharon McCally) This appeal arises from a residential landlord-tenant dispute. The tenants brought suit against their landlords for wrongful eviction, unauthorized seizure of personal property, wrongful lockout, and breach of contract. The landlords counterclaimed alleging the tenants had abandoned the rental property and breached the lease agreement. The trial court found that the tenants did not breach the lease agreement and that the landlords wrongfully evicted the tenants in violation of section 92.0081 of the Texas Property Code. The trial court awarded the tenants statutory penalties and attorney's fees. The landlords appeal contending that (1) the trial court erred in finding the Texas Property Code violation because the tenants abandoned the property and breached the lease agreement; and (2) the evidence is legally and factually insufficient to support the attorney's fees award. Finding merit only in the latter argument, we modify the judgment to omit the award of attorney's fees, and affirm the judgment as modified.
Court Releases New Opinion in Complex Case Involving Jurisdictional Issues in Eviction Appeal from Justice Court and Dispute over Attorneys Fees
Millwork v. West Houston Airport Corp. (Tex.App.- Houston [1st Dist.] Dec. 14, 2006)(Opinion by Justice Alcala) (substitute opinion) (original opinion handed down Aug 3, 2006) [lease law, commercial lease, eviction, forcible detainer, jurisdiction issues, justice court, county court, appeal, DWOJ, disputed attorney’s fees] AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Bland 01-03-01214-CV Volume Millwork, Inc v. West Houston Airport Corporation Appeal from Co Civil Ct at Law No 1 of Harris County (Judge Jack Cagle)
Tenant Wins in Eviction Suit - Landlord Did Not Comply with Statutory Notice Requirements
Kennedy v. Andover Place Apartments (Tex.App.- Houston [14th Dist.] Aug. 31, 2006)(Opinion by Justice Yates) [lease law, residential, FE&D, notice requirements, tenant prevails in eviction case, landlord did not comply with notice provision of statute] REVERSED AND RENDERED: Opinion by Justice Brock Yates Before Chief Justice Hedges, Justices Brock Yates and Guzman) 14-05-01051-CV Kimberly Kennedy v. Andover Place Apartments Appeal from Co Civil Ct at Law No 4 of Harris County (Judge Roberta Anne Lloyd) (“Because Andover’s attempted termination of Kennedy’s tenancy did not comply with section 24.005, Andover was not entitled to prevail in its forcible detainer action. We sustain Kennedy’s second issue, reverse the trial court’s judgment, and render judgment in favor of Kennedy.”)
Hong Kong Dev., Inc. v. Nguyen (Tex.App.- Houston [1st Dist.] Nov. 9, 2006)(Opinion by Justice Taft) [forcible detainer action, appeal, lease, indemnity, tort, declaratory judgment, punitive damages] 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 County Civil Court at Law No 1 of Harris County
2616 South Loop v. Heath Source Home Care (Tex.App.- Houston [14th Dist.] Aug. 31, 2006)(Guzman) [real estate law, commercial lease dispute, eviction, counterclaims, declaratory judgment, enforceability of lease, subsequent owner, holdover tenant, quantum meruit] REVERSED AND REMANDED: Opinion by Justice Guzman Before Justices Fowler, Edelman and Guzman) 14-04-01089-CV 2616 South Loop, L.L.CL., and 2616 South Loop Building, LP v. Health Source Home Care, Inc. and Arunee Pinwatana Appeal from Co Civil Ct at Law No 2 of Harris County (Judge Gary Michael Block)
Charles v. USA Savoy Leasco (Tex.App.- Houston [14th Dist.] Aug. 24, 2006)(Hudson) [lease law, eviction, breach of contract, BoC, attorneys fees, res judicata, must appeal JP court judgment in order to relitigate issue; separate suit barred by res judicata where issue previously fully and fairly litigated] 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)
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)
Apache Corp. v. Dynegy (Tex.App.- Houston [14th Dist.] Aug. 24, 2006)(Anderson) [commercial law, breach of contract BoC, natural gas, stipulated attorneys fees, declaratory judgment] AFFIRMED AS MODIFIED IN PART AND REVERSED AND REMANDED IN PART: Opinion by Justice Anderson Before Chief Justice Hedges, Judge Murphy, Justice Anderson 14-05-00010-CV Apache Corporation v. Dynegy Midstream Services Limited Partnership and Versado Gas Processors, LLC Appeal from 234th District Court of Harris County (Judge Bruce D. Oakley)
Gardner v. Cummings (Tex.App. - Houston [14th Dist.] August 22, 2006, pet denied 3/30/07)(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 (Honorable Bruce D. Oakley)
Motion to Compel Arbitration Properly Denied
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.”)
Lewis v. Pearland Plaza (Tex.App. - Houston [1st Dist.] Aug. 17, 2006)(Alcala) [real estate law, landlord tenant, breach of lease case, sj reversed] REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Alcala Before Chief Justice Radack, Justices Jennings and Alcala 01-04-00419-CV Carolyn Bowen Lewis and Carolyn Bowen Lewis Inc. v. Pearland Plaza Partners Appeal from Co Ct at Law No 1 & Probate Ct of Brazoria County (Hon. Jerri Lee Mills) Having held that a fact issue regarding Lewis and the Corporations’s affirmative defense of breach of the implied warranty of suitability precludes summary judgment, we need not address their other issues. We reverse the judgment of the trial court and remand this cause for proceedings not inconsistent with this opinion.
August 3, 2006 - $28K+ Attorney Fees Award in Vigorously Contested Eviction Case Over Commercial Property Affirmed
Millwork, Inc. v. West Houston Airport Corp. (Tex.App.– Houston [1st Dist.] Aug. 3, 2006)(Alcala) This opinion was withdrawn and substitute opinion was issued Dec 14, 2006) See Millwork v. West Houston Airport Corp. (Tex.App.- Houston [1st Dist.] Dec. 14, 2006)(Alcala)(substitute opinion)[eviction, forcible entry and detainer FE&D, commercial lease, assigned, no appellate jurisdiction, DWOJ; jurisdiction of JP court, appeal to county court, amount of recoverable damages and attorney’s fees in excess of $5,000; award of $28,623.10 as reasonably necessary fees affirmed] AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Bland 01-03-01214-CV Volume Millwork, Inc v. West Houston Airport Corporation Appeal from Co Civil Ct at Law No 1 of Harris County (Hon. Jack Cagle) (“We have no jurisdiction to review either the county court’s determination on the issue of landlord’s possession of the [commercial premises] or any finding by the trial court that is essential to the issue of possession of the hangar. Tex. Prop. Code Ann. § 24.007; fee award affirmed")
Ortiz v. Collins (Tex.App.–Houston [14th Dist.] July 6, 2006)(substituted opinion on motion for reh’g)(Yates)(pet. filed) [real estate transaction, foreclosure, forcible detainer and entry FDE, eviction, fraud, BoC, promissary estoppel, statute of frauds, DTPA, counterclaim for attorneys fees, finality] AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Brock Yates Before Justices Brock Yates, Anderson and Mirabal) 14-04-01156-CV Robert Ortiz v. Andrew Collins, Tim Welsh and Jerel S. Twyman Appeal from 295th District Court of Harris County (Judge Tracy Kee Christopher) Concurring Opinion by Justice Mirabal
Parrish v. US Bank (Tex.App. - Houston [1st Dist.] May 18, 2006) (Jennings) [commercial real estate, landlord-tenant law, forcible entry and detainer, FE&D, eviction judgment, bankruptcy stay?] AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings and Alcala 01-05-00684-CV John Parrish v. US Bank, N.A. Appeal from Co Civil Ct at Law No 2 of Harris County (Hon. Gary Michael Block)
Nealy v. Southlawn Palms Apartments (Tex.App.-Houston [1st Dist.] June 8, 2006)(Justice Radack) [landlord tenant law, forcible detainer, FD&E, eviction] REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Jennings and Alcala 01-05-00085-CV Mary Jane Nealy v. Southlawn Palms Apartments Appeal from Co Civil Ct at Law No 4 of Harris County