Tuesday, June 11, 2019

UH v. Jim Olive: First Court of Appeals Nixes Photographer's Copyright Infringement claim against University of Houston

THE PHOTOGRAPHER BE DAMNED

University of Houston System v. Jim Olive Photography, No. 01-18-00534-CV (Tex.App.- Houston [1st Dist.] June 11, 2019, no pet. h.)



In an opinion handed down this morning (6/11/2019) the First Court of Appeals in Houston ruled in a case of first impression (i.e., no controlling case law covering the fact scenario) that a Houston photographer's claim of copyright infringement against the University of Houston, which had used his work without permission and without paying a licensing fee, was not actionable as a takings claims under the constitution, which would have entitled the owner to compensation for the government's taking of his property. The appellate court accordingly vacated the trial court's order denying the university's jurisdictional challenge to the viability of the claim, and dismissed the photographer's case. The photographer brought his claim of an unconstitutional taking in state court because he cannot sue the University, a state entity, for copyright infringement in federal court.

The central legal issue concerned the characterization of the intellectual property rights at issue for takings-jurisprudence purposes, and the appropriateness of various analogies in the absence of clearly established and binding precedent applicable to the image at issue in the dispute: a photo of the Houston skyline that the plaintiff--a professional photographer--had taken with special equipment while suspended from a helicopter he had chartered, and had made available for licensing on his website. The University downloaded it without permission, and did not pay anything for using the photo on its own website.

The National Press Photographers Association, the American Society of Mediate Photographers, and four other visual artists groups had jointly filed an amicus curiae brief, in which they protested that the University's position that "a photographer has no remedy when his work is misappropriated by a state actor" as shocking the conscience and averred that it "would devastate the creative industry if adopted by this court."

To no avail.




No. 01-18-00534-CV (Tex.App.- Houston [1st Dist.] June 11, 2019) 

Opinion issued June 11, 2019

In The
Court of Appeals
For The
First District of Texas
————————————
———————————
UNIVERSITY OF HOUSTON SYSTEM, Appellant
V.
JIM OLIVE PHOTOGRAPHY, D/B/A PHOTOLIVE, Appellee
On Appeal from the 295th District Court
Harris County, Texas
Trial Court Case No. 2017-84942

O P I N I O N

In this interlocutory appeal from the trial court’s denial of a plea to the
jurisdiction, we must determine if a viable constitutional takings claim can be
asserted when the State commits copyright infringement. We conclude that a
governmental unit’s copyright infringement is not a taking and that the trial court
therefore erred in denying the plea to the jurisdiction.


Background

Jim Olive Photography d/b/a Photolive, Inc. (Olive) sued the University of
Houston System, alleging an unlawful taking and seeking just compensation under
Article I, Section 17 of the Texas Constitution and under the Fifth Amendment of
the United States Constitution. Olive, a professional photographer, alleges that he
took a series of aerial photographs of the City of Houston at dusk in 2005. To take
these photographs, Olive rented a helicopter, hired a pilot, and, utilizing special
photography equipment, suspended himself from the helicopter with a harness.
While suspended in the harness, Olive took photograph SKDT1082—“The
Cityscape”— the subject of this litigation.

Olive registered The Cityscape with the United States Copyright Office on
November 18, 2005 and displayed it for purchase on his website. Olive owned all
rights associated with The Cityscape, and his website had numerous references to
licensing the website’s photographs, including an entire page labeled “Copyrights
and Usage,” which described the applicable copyright protections held in the
photographs and explicitly stated that “[t]he unauthorized use of these images is
strictly prohibited.”

Olive alleges that sometime around June of 2012, the University of Houston
downloaded The Cityscape from Olive’s website, removed all identifying
copyright and attribution material, and displayed it on several webpages to
promote the University’s C.T. Bauer College of Business. The University never
contacted Olive about using his photograph and never compensated him for its use.
Over three years later, Olive discovered that his photograph was being
displayed on the University’s Bauer College of Business webpages. Olive
informed the University of its unauthorized use of the photograph and demanded
that it cease and desist this use. The University immediately removed the
photograph from the College’s website. Olive further alleges that the University’s
display of the photograph without attribution allowed private actors such as Forbes
Magazine to republish and display The Cityscape without Olive’s permission and
without compensation.

Upon being sued by Olive, the University filed a plea to the jurisdiction,
asserting, among other things, that because Olive failed to plead a viable takings
claim, the University retains governmental immunity and the trial court lacks
subject-matter jurisdiction. The trial court denied the plea, and this interlocutory
appeal followed.

The University argues in four issues that the trial court erred in denying its
plea. The University first argues that a copyright is not property under the federal
or state takings clauses. The University then argues that, if a copyright is property
under the federal or state takings clauses, its copyright infringement of Olive’s
photograph is not a taking, that it lacked capacity to take Olive’s copyright
property, and that Olive did not sufficiently plead an intentional taking.

Standard of Review

The standard of review of a trial court’s ruling on a plea to the jurisdiction
based on governmental immunity is de novo. See Tex. Dep’t of Parks & Wildlife v.
Miranda, 133 S.W.3d 217, 225–26 (Tex. 2004); Tex. So. Univ. v. Gilford, 277
S.W.3d 65, 68 (Tex. App.—Houston [1st Dist.] 2009, pet. denied). The plaintiff
has the burden to allege facts that affirmatively demonstrate the trial court’s
subject-matter jurisdiction. Gilford, 277 S.W.3d at 68 (citing Tex. Ass’n of Bus. v.
Tex. Air Control Bd., 852 S.W.2d 440, 446 (Tex. 1993)). We construe the
pleadings liberally and accept the plaintiff’s factual allegations as true. See
Miranda, 133 S.W.3d at 226–27; Gilford, 277 S.W.3d at 68.
An inverse-condemnation action is a constitutional claim in which the
property owner asserts that a governmental entity intentionally performed acts that
resulted in a “taking” of the property for public use, without formally condemning
the property. See, e.g., Tarrant Reg’l Water Dist. v. Gragg, 151 S.W.3d 546, 554
(Tex. 2004). The Texas Constitution’s takings clause (Article I, Section 17)
includes personal property. Renault, Inc. v. City of Houston, 415 S.W.2d 948, 952
5
(Tex. Civ. App.—Waco 1967), rev’d on other grounds, 431 S.W.2d 322 (Tex.
1968). It is well settled that the Texas Constitution waives governmental immunity
for an inverse-condemnation (a takings) claim, but in the absence of a properly
pleaded takings claim, the governmental entity retains immunity. City of Houston
v. Carlson, 451 S.W.3d 828, 830 (Tex. 2014).
Whether the pleaded facts constitute a viable takings claim is a question of
law. See Tex. Parks & Wildlife Dep’t v. Sawyer Trust, 354 S.W.3d 384, 390 (Tex.
2011); Mayhew v. Town of Sunnyvale, 964 S.W.2d 922, 932–33 (Tex. 1998); City
of Friendswood v. Horn, 489 S.W.3d 515, 525 (Tex. App.—Houston [1st Dist.]
2016, no pet.). When the plaintiff cannot establish a viable takings claim, the trial
court lacks subject-matter jurisdiction and should grant a plea to the jurisdiction.
Tex. Dep’t of Transp. v. A.P.I. Pipe & Supply, LLC, 397 S.W.3d 162, 166 (Tex.
2013).
Analysis
Copyright generally
Federal copyright law provides that “[c]opyright protection subsists . . . in
original works of authorship fixed in any tangible medium of expression, now
known or later developed, from which they can be perceived, reproduced, or
otherwise communicated, either directly or with the aid of a machine or device.”
17 U.S.C. § 102(a).
6
Copyright has been defined as:
The right to copy; specifically, a property right in an original work of
authorship (including literary, musical, dramatic, choreographic,
pictorial, graphic, sculptural, and architectural works; motion pictures
and other audiovisual works; and sound recordings) fixed in any
tangible medium of expression, giving the holder the exclusive right
to reproduce, adapt, distribute, perform, and display the work.
Copyright, BLACK’S LAW DICTIONARY (10th ed. 2014); see also 17 U.S.C. § 102(a) (1–8)
(providing categories of works of authorship to include literary works; musical
works, including any accompanying words; dramatic works, including any
accompanying music; pantomimes and choreographic works; pictorial, graphic,
and sculptural works; motion pictures and other audiovisual works; sound
recordings; and architectural works).
A copyright in a work subsists from its creation and generally endures for
the life of the author and 70 years after the author’s death. See 17 U.S.C. § 302(a).
Civil remedies for copyright infringement include injunctive relief. 17 U.S.C.
§ 502(a). A copyright owner can also seek money damages from an infringer:
either (1) his actual damages and any additional profits of the infringer, or
(2) statutory damages, including a sum of not more than $150,000 for willful
infringement.1 See 17 U.S.C. § 504. Federal courts have original and exclusive

1 Olive’s petition seeks monetary relief over $100,000 but not more than $200,000.
The record does not reflect the basis of this claim for damages or whether it is
7
jurisdiction of copyright claims, 28 U.S.C. § 1338(a), and all state-law claims
arising under federal law relating to copyrights are preempted by federal law.
17 U.S.C. § 301(a); see Butler v. Cont’l Airlines, Inc., 31 S.W.3d 642, 648–52
(Tex. App.—Houston [1st Dist.] 2000, pet. denied).
In the case of copyright infringement by a state actor, states have Eleventh
Amendment immunity from a suit for money damages in federal court. See Chavez
v. Arte Publico Press, 204 F.3d 601, 607–08 (5th Cir. 2000) (Chavez III)
(discussed below) (in copyright-infringement action against University of Houston,
holding that Copyright Remedy Clarification Act (CRCA), 17 U.S.C. § 511, which
purported to abrogate Eleventh Amendment immunity and to provide for state
liability for copyright infringement, was unconstitutional); see also Allen v.
Cooper, 895 F.3d 337, 347–54 (4th Cir. 2018) (same), pet. for cert. filed, (U.S. Jan.
4, 2019) (No. 18-877); Nat’l Ass’n of Bds. of Pharmacy v. Bd. of Regents of Univ.
Sys. of Ga., 633 F.3d 1297, 1312–19 (11th Cir. 2011) (same); Richard Anderson
Photography v. Brown, 852 F.2d 114, 120 (4th Cir. 1988) (holding that state

related to the statutory damages of not more than $150,000 for willful
infringement under 17 U.S.C. § 504(c)(2). See generally Thomas F. Cotter, Do
Federal Uses of Intellectual Property Implicate the Fifth Amendment?, 50 FLA. L.
REV. 529, 562–63 (1998) (asserting that, because copyright is “nonrivalrous,”
“[a]ll that the intellectual property owner loses” from the government’s use of a
copyright, “except in those rare circumstances in which government use destroys
virtually all of the property’s value, is some licensing revenue.”). “Nonrivalrous
means that another person can use it without simultaneously depriving anyone else
of its use.” Id. at 563.
8
university had Eleventh Amendment immunity against photographer’s copyrightinfringement action). See generally 3 MELVILLE B. NIMMER & DAVID NIMMER,
NIMMER ON COPYRIGHT § 12.01[E][2] (Rev. Ed. 2019); 6 WILLIAM F. PATRY,
PATRY ON COPYRIGHT § 21.88 (Mar. 2019). But a copyright owner can obtain
prospective injunctive relief for copyright infringement by a state actor under the
Ex parte Young doctrine.2 See, e.g., Nat’l Ass’n of Bds. of Pharmacy, 633 F.3d at
1307–12 (addressing claim for injunctive relief under Ex parte Young doctrine
against state university for ongoing copyright infringement); Hairston v. N.C.
Agric. & Tech. State Univ., No. 1:04 CV 1203, 2005 WL 2136923, at *8
(M.D.N.C. Aug. 5, 2005) (“[T]he court finds that Plaintiff sufficiently alleges an
ongoing violation of federal copyright law by Defendants, and the Ex parte Young
doctrine therefore applies to his copyright infringement claim seeking prospective
injunctive relieffromDefendants.”).
Copyright infringement, whether common law or statutory, is a tort. Porter
v. United States, 473 F.2d 1329, 1337 (5th Cir. 1973); Ted Browne Music Co. v.
Fowler, 290 F. 751, 754 (2d Cir. 1923) (stating courts “have long recognized that
infringement of a copyright is a tort”). Texas has not waived sovereign
(governmental) immunity in the Texas Tort Claims Act for copyright infringement

2 Ex parte Young, 209 U.S. 123 (1908).
9
by a governmental unit. See TEX. CIV. PRAC. & REM. CODE § 101.021(1)
(providing for limited waiver of governmental immunity for claims of property
damage, personal injury, or death proximately caused by wrongful or negligent
conduct of governmental employee arising out of (1) use of publicly owned motordriven equipment or motor vehicle, (2) premises defects, and (3) conditions or uses
of certain property); see also Schneider v. Ne. Hosp. Auth., No. 01-96-01098-CV,
1998 WL 834346, at *2 (Tex. App.—Houston [1st Dist.] 1998, pet. denied) (not
designated for publication) (“It is up to the legislature to add the tort of trademark
infringement to those torts for which immunity is statutorily waived.”). Nor has
Texas waived its Eleventh Amendment immunity by consenting to suit in federal
court for copyright infringement. See generally Seminole Tribe of Fla. v. Florida,
517 U.S. 44, 54–55, 67–72 & n.14 (1996)
Intellectual Property and Takings
In apparent recognition of the above legal landscape that forecloses a
copyright owner’s claim for copyright infringement against a state actor, Olive has
asserted his constitutional takings claims against the University. The Texas
Constitution’s Takings Clause provides: “No person’s property shall be taken,
damaged, or destroyed for or applied to public use without adequate compensation
10
being made.” TEX. CONST. art. I, § 17(a).3
The federal takings clause protects both real property and personal property.
Horne v. Dep’t of Agric., 135 S.Ct. 2419, 2425–26 (2015) (holding that raisins
were subject of government taking: “The Government has a categorical duty to pay
just compensation when it takes your car, just as when it takes your home.”). A
copyright, which is intellectual property,4
is a protected property interest.
5 Nat’l
Ass’n of Bds. of Pharmacy, 633 F.3d at 1317; see also 17 U.S.C. § 201(d) (“The

3 The Fifth Amendment prohibits the taking of “private property [] for public use,
without just compensation.” U.S. CONST. AMEND. V. Texas courts look to federal
takings jurisprudence for guidance. Sheffield Dev. Co. v. City of Glenn Heights,
140 S.W.3d 660, 669 (Tex. 2004). The protections of the Texas Constitution’s
Takings Clause are presumed to be coextensive with the federal protections,
absent a showing that the Texas provision was intended to apply more broadly.
See Mayhew, 964 S.W.2d at 932.
4
Intellectual property is a “category of intangible rights protecting commercially
valuable products of the human intellect,” and the “category comprises primarily
trademark, copyright, and patent rights, but also includes trade-secret rights,
publicity rights, moral rights, and rights against unfair competition.” Intellectual
property, BLACK’S LAW DICTIONARY (10th ed. 2014).
5 Other types of intellectual property—patents, trademarks, and trade secrets—are
recognized as “property” or a protected “property interest” for due-process
purposes. See Fla. Prepaid Postsecondary Educ. Expense Bd. v. Coll. Savs. Bank,
527 U.S. 627, 642 (1999) (“Patents, however, have long been considered a species
of property.”); Coll. Savs. Bank v. Fla. Prepaid Postsecondary Educ. Expense Bd.,
527 U.S. 666, 673 (1999) (“trademarks” are a “constitutionally cognizable
property interest[]” and “are the ‘property’ of the owner because he can exclude
others from using them”); Ruckelshaus v. Monsanto Co., 467 U.S. 986, 1002
(1984) (holding that trade secrets are property under applicable state law and
subject to federal takings clause); see also Schneider, 1998 WL 834346, at *2
(“Clearly, a trademark is property.”).
11
ownership of a copyright may be transferred in whole or in part by any means of
conveyance or by operation of law, and may be bequeathed by will or pass as
personal property by the applicable laws of intestate succession.”). See generally
Pascale Chapdelaine, The Property Attributes of Copyright, 10 BUFF. INTELL.
PROP. L.J. 34 (2014). But while a copyright is “property” or a protected “property
interest” for due-process purposes, that does not necessarily mean that it is
property for purposes of the takings clause. See, e.g., Davida H. Isaacs, Not All
Property Is Created Equal: Why Modern Courts Resist Applying the Takings
Clause to Patents, and Why They Are Right to Do So, 15 GEO. MASON L. REV. 1,
36 (2007) (“Being property is a necessary requirement for Takings Clause
protection, but it is not a sufficient one.”).
In 2008, it was noted that whether copyright is property under the takings
clause is “as yet unlitigated.”6 Tom W. Bell, Copyright as Intellectual Property

6 The Fifth Circuit has also pointed out this dearth of authority:
Copyrights are indeed a species of property, but the extent to which
they are protectable against the states raises troubling issues. In
Seminole, the Supreme Court noted the absence of caselaw
authority over the past 200 years dealing with enforcement of
copyrights in federal courts against the states. Surely this dearth
implies that there has been no claim against states in the federal
courts.
Chavez v. Arte Publico Press, 157 F.3d 282, 288 (5th Cir.) (Chavez II) (citing
Seminole Tribe, 517 U.S. at 71 & n.16), reh’g en banc granted and opinion
12
Privilege, 58 SYRACUSE L. REV. 523, 538 (2008). But see Porter, 473 F.2d at 1337
(copyright “infringement is not a ‘taking’ as the term is constitutionally
understood”) (discussed below). Relying on Zoltek Corp. v. United States, 442
F.3d 1345, 1350–53 (Fed. Cir. 2006) (holding that patent infringement by federal
government does not constitute taking under Fifth Amendment), cert. denied, 551
U.S. 1113 (2007), vacated on other grounds on reh’g en banc, 672 F.3d 1309 (Fed.
Cir. 2012), and the Supreme Court’s denial of certiorari in Zoltek, the author
asserts that Zoltek “strongly suggests that the same outcome would obtain for
copyrights.” Bell, 58 SYRACUSE L. REV. at 538; see also Isaacs,15 GEO. MASON. L.
REV. at 1–2, 6–17 (discussing Zoltek). But see Note, Copyright Reform and the
Takings Clause, 128 HARV. L. REV. 973 (2015) (arguing that copyright should be
protected by takings clause).
7 The author further argues that the Supreme Court’s

vacated, 178 F.3d 281 (5th Cir. 1998), remanded to panel for reconsideration, 180
F.3d 674 (5th Cir. 1999), panel op. on reconsideration, Chavez III, 204 F.3d 601.
7 This Note collects, in addition to Cotter and Isaacs, other scholars’ articles on the
subject of intellectual property and takings. Note, 128 HARV. L. REV. at 974
nn.12-13 (citing Christina Bohannon, Reclaiming Copyright, 23 CARDOZO ARTS
& ENT. L.J. 567 (2006); Shubha Ghosh, Toward a Theory of Regulatory Takings
for Intellectual Property: The Path Left Open After College Savings v. Florida
Prepaid, 37 SAN DIEGO L. REV. 637 (2000); Roberta Rosenthal Kwall,
Governmental Use of Copyrighted Property: The Sovereign’s Prerogative, 67
TEX. L. REV. 685, 755 (1989); Adam Mossoff, Patents as Constitutional Private
Property: The Historical Protection of Patents Under the Takings Clause, 87 B.U.
L. REV. 689 (2007); and John C. O’Quinn, Protecting Private Intellectual
13
“definition of ‘property’ appears not to shelter copyright” because of its description
of the sources of property interests protected from takings
8
and “copyrights exist
only by the grace of the Constitution.”
9
Id.
No Texas case appears to have addressed whether a copyright is property for
purposes of the takings clause and whether copyright infringement by a state actor
is a taking. The case closest on point is our unpublished 1998 decision in
Schneider, 1998 WL 834346. There, after recognizing that a trademark is property,
this court squarely held that a governmental entity’s (a hospital authority’s)
“trademark infringement is not a compensable taking; thus, sovereign immunity is
not waived on the basis of an unconstitutional taking.”10 Id. at *2. After noting that
no authority classified trademarks as property for purposes of the takings clause,

Property from Government Intrusion: Revisiting SmithKline and the Case for Just
Compensation, 29 PEPP. L. REV. 435 (2002)).
8
“[P]roperty interests . . . are not created by the Constitution. Rather, they are
created and their dimensions are defined by existing rules or understandings that
stem from an independent source such as state law.” Ruckelshaus, 467 U.S. at
1001 (quoting Webb’s Fabulous Pharmacies, Inc. v. Beckwith, 449 U.S. 156, 161
(1980)) (quoting Bd. of Regents v. Roth, 408 U.S. 564, 577 (1972)).
9 U.S. CONST. art. 1, § 8, cl. 8 (“The Congress shall have Power . . . To promote the
Progress of Science and useful Arts, by securing for limited Times to Authors and
Inventors the exclusive Right to their respective Writings and Discoveries”).
10 A “trademark” is a “word, phrase, logo, or other sensory symbol used by a
manufacturer or seller to distinguish its products or services from those of others.”
Trademark, BLACK’S LAW DICTIONARY (10th ed. 2014).
14
this court stated that, to the contrary, “there is authority that refutes such a
classification” and cited Porter for the proposition that copyright infringement is
not a taking.11 Id. at *2 (citing Porter, 473 F.2d at 1337). We therefore turn to
Porter and the other federal cases relied on by the parties for their respective
positions.
Porter v. United States
Porter involved in part a claim by Lee Harvey Oswald’s widow for the
diminution in the copyright value of Oswald’s writings because of their publication
in the Warren Commission report. Porter, 473 F.2d at 1336.
We turn finally to the question whether Mrs. Porter can recover for
the diminution in value of Oswald’s writings attributable to their
publication in the Warren Commission Report. It is, of course, quite
plain that the recovery sought here is for infringement by the
government of Mrs. Porter’s common law copyright interest in
Oswald’s writings. Such infringement is not a “taking” as the term is
constitutionally understood. Rather, it has always been held that
infringement of copyright, whether common law, Twentieth Century
Fox Film Corp. v. Dieckhaus, 153 F.2d 893 (CA 8, 1948), or
statutory, Turton v. United States, 212 F.2d 354 (CA 6, 1954)
constitutes a tort.

11 This court also cited Garcia v. Peeples, 734 S.W.2d 343 (Tex. 1987) (orig.
proceeding) as supporting authority. Schneider, 1998 WL 834346, at *2. In
Garcia, a product-liability suit, our supreme court rejected an automaker’s claim
that a plaintiff’s shared discovery of the automaker’s trade secrets (which the court
recognized as property) with only similarly situated litigants under a properly
tailored protective order would be “an unconstitutional deprivation of property”
that “rises to the level of a constitutional taking.” Garcia, 734 S.W.2d at 348 n.4.
15
Id. at 1337 (emphasis added). But see Roth v. Pritikin, 710 F.2d 934, 939 (1st Cir.
1983) (“An interest in a copyright is a property right protected by the due process
and just compensation clauses of the Constitution.”).
Olive characterizes Porter as anomalous12 and as superseded by both the
Supreme Court in Horne and the Fifth Circuit in Chavez. Because Horne involved
the taking of raisins—which are tangible personal property, not intangible
intellectual property—it is inapposite; further, it made no attempt to address
intellectual property.
As noted above, Chavez, in part a copyright-infringement action against the
University of Houston, held that Congress, by enacting the CRCA, could not
subject states to suit in federal court for copyright infringement because of
Eleventh Amendment immunity. Chavez III, 204 F.3d at 607–08. In passing on the
constitutionality of the CRCA—Chavez was not a takings case—the court
addressed copyright as property for due-process purposes and considered whether
Congress could abrogate state Eleventh Amendment immunity under section 5 of
the Fourteenth Amendment “to prevent states from depriving copyright holders of
their property without due process of law.” Id. at 604; see id. at 605–07. In its
analysis, the court stated that the “underlying conduct at issue here is state

12 We disagree that Porter is an anomaly, but because of its subject matter, it is
undoubtedly sui generis.
16
infringement of copyrights, rather than patents, and the ‘constitutional injury’
consists of possibly unremedied, or uncompensated, violation of copyrights by
states.” Id. at 605. The court then noted:
In Chavez II, we said that whether copyrights were a form of property
protectable against the states raised troubling issues. The Supreme
Court held in Florida Prepaid that patents are considered property
within the meaning of the due process clause. See Florida Prepaid,
119 S.Ct. at 2208. Since patent and copyright are of a similar nature,
and patent is a form of property protectable against the states,
copyright would seem to be so too.
Id. at 605 & n.6.
We do not view Chavez III as superseding Porter; instead, these comments
concerned due-process protection of property from deprivation, rather than from a
taking, as did the Supreme Court’s due-process description of patents as property
in Florida Prepaid. See Fla. Prepaid, 527 U.S. at 642 (“patents may be considered
‘property’ for purposes of our analysis”); see also Carlos Manuel Vazquez, What is
Eleventh Amendment Immunity?, 106 Yale L.J. 1683, 1745 n.281 (1997) (“the
Court has interpreted the term “property” in the Takings Clause more narrowly
than the same term in the Due Process Clause”).
Chavez II touches on copyright as property for takings purposes, citing and
discussing Roth (which we address below). Chavez II, 157 F.3d at 288. In dicta,
and after distinguishing Roth because it was not a copyright-infringement action
17
against a state and after highlighting Roth’s statement as dicta,
13 Chavez II noted—
“[o]nly slightly more apropos of [Roth’s] discussion”—that the Supreme Court
held that trade secrets are property protected by the Fifth Amendment takings
clause in Ruckleshaus v. Monsanto Co. and that, “[b]y analogy, copyrights
constitute intangible property that, for some purposes at least, receives
constitutional protection.” Chavez II, 157 F.3d at 288 (citing Ruckelshaus v.
Monsanto Co., 467 U.S. 986, 1002 (1984) (holding that trade secrets are property
under applicable state law and subject to federal takings clause). Chavez II thus
stops short of stating that copyright is property protected by the takings clause and
does not purport to supersede Porter’s contrary statement.
Roth v. Pritikin
Roth is Olive’s principal authority for his contention that copyright is
property protected by the takings clause, but on close examination, we find Roth’s
statement to be both unsupported and dicta. Moreover, Roth did not involve a
copyright-infringement claim against a state; it involved a dispute over Roth’s
recipes that were used in a bestselling diet book. The 1977 oral contract to use
Roth’s recipes provided for only a flat fee to Roth as a “writer for hire,” with her
having no interest in the book’s copyright and royalties, as found by the district

13 See Chavez II, 157 F.3d at 288 (“In Roth, the Second Circuit was speculating on
the entirely different issue of. . . .”).
18
court. Roth, 710 F.2d at 936. Roth argued that if an oral contract for payment for
her recipes had been made in 1977, it was invalidated by the subsequent enactment
of the Copyright Act of 1978, which she contended applied retroactively and which
required a work-for-hire agreement with no ownership interest in a copyright to be
expressly agreed to in a signed and written agreement.
14 Id. at 938. The parties and
the Second Circuit agreed that if the oral contract was governed by the law in
effect in 1977, it properly divested Roth of any rights to a share of the book’s
royalties that she might otherwise have possessed. Id. at 937 & n.3.
After affirming the district court’s finding of an enforceable oral contract,
the Second Circuit rejected Roth’s contention that the Copyright Act of 1978
applied retroactively. Id. at 938–39. The court then ventured into admitted dicta,15

14 See 17 U.S.C. § 201(b) (“In the case of a work made for hire, the employer or
other person for whom the work was prepared is considered the author for
purposes of this title, and, unless the parties have expressly agreed otherwise in a
written instrument signed by them, owns all of the rights comprised in the
copyright.”); 17 U.S.C. § 101 (defining “work made for hire” in part as “a work
specially ordered or commissioned for use as a contribution to a collective work,
. . . if the parties expressly agree in a written instrument signed by them that the
work shall be considered a work made for hire”).
15 Dictum is “[a]n opinion expressed by a court, but which, not being necessarily
involved in the case, lacks the force of an adjudication. . . .” Seger v. Yorkshire
Ins. Co., 503 S.W.3d 388, 399 (Tex. 2016) (quoting Grigsby v. Reib, 153 S.W.
1124, 1126 (Tex. 1913)). “Obiter dictum [literally, “something said in passing”.
Obiter dictum, BLACK’S LAW DICTIONARY (10th ed. 2014).] is not binding as
precedent.” Seger, 503 S.W.3d at 399. Judicial dictum is “a statement made
deliberately after careful consideration and for future guidance in the conduct of
19
stating that “the language of the Act, its legislative history and rules of statutory
interpretation are sufficient answers to Roth’s [retroactivity] claim,” but then
noting “en passant,”
16 that
adoption of her interpretation . . .. would, in addition, raise a serious
issue concerning the Act’s constitutionality. See 1 Nimmer on
Copyright, supra, at § 1.11. An interest in a copyright is a property
right protected by the due process and just compensation clauses of
the Constitution. See Loretto v. Teleprompter Manhattan CATV Corp.,
458 U.S. 419, 102 S.Ct. 3194, 73 L.Ed.2d (1982); Pruneyard
Shopping Center v. Robins, 447 U.S. 74, 82 n.6, 100 S.Ct. 2035, 2041
n.6, 64 L.Ed.2d 741 (1980). The agreement between Roth and the
appellees, pursuant to which Roth surrendered any rights she might
otherwise have obtained in the copyright, was valid when it was
entered into, and a subsequently enacted statute which purported to
divest Pritikin and McGrady of their interest in the copyright by
invalidating the 1977 agreement could be viewed as an
unconstitutional taking. See, e.g., Pennsylvania Coal Co. v. Mahon,
260 U.S. 393, 43 S.Ct. 158, 67 L.Ed. 322 (1922); Penn Central
Transportation Co. v. New York City, 438 U.S. 104, 98 S.Ct. 2646, 57
L.Ed.2d 631 (1922); see also Michelman, Property, Utility, And
Fairness: Comments On The Ethical Foundations of “Just

litigation,” and “[i]t is at least persuasive and should be followed unless found to
be erroneous.” Id. (citations omitted).
16 Literally, “in passing.” En passant, WEBSTER’S NEW COLLEGIATE DICTIONARY
(1981). In Chavez II, the Fifth Circuit pointed out Roth’s dicta, noting that “the
Second Circuit was speculating on the entirely different issue of Congress’s
inability to retroactively invalidate by statute certain pre-existing copyright
contracts between private parties.” Chavez II, 157 F.3d at 288 (emphasis added).
Also, we disagree with Chavez II’s likely inadvertent characterization of Roth’s
copyright-takings statement as a holding because Roth’s statement is obiter
dictum. See Chavez II, 157 F.3d at 288 (“one court of appeals has held that an
interest in a copyright is protected by the Due Process and Just Compensation
Clauses of the Constitution”) (emphasis added) (citing Roth, 710 F.2d at 939).
20
Compensation” Law, 80 HARV. L. REV. 1165 (1967). Resolution of
this issue is not required for our holding, and will have to wait for an
appropriate case.
17
Id. at 939 (emphases added).
As support for its statement that copyright is a property right protected by
the just compensation clause, Roth cited two Supreme Court cases, neither of
which involved intellectual property and copyright in particular and therefore do
not support Roth’s proposition. See id. (citing Loretto and PruneYard). Loretto
held that a New York law requiring a landlord to permit a cable television
company to install its cable facilities on his property—a permanent physical
occupation—was a “taking.” Loretto, 458 U.S. at 421, 441.
PruneYard upheld a state constitutional requirement that shopping center
owners permit individuals to exercise free speech and petition rights on their
property, rejecting the owner’s contention that it amounted to an unconstitutional
infringement of property rights under the Fifth Amendment’s Takings Clause.
PruneYard, 447 U.S. at 82–84. Because “one of the essential sticks in the bundle
of property rights is the right to exclude others,” the Court stated that there has
literally been a “taking” of that right to the extent that the California Supreme
Court has interpreted its state constitution to entitle its citizens to exercise free-

17 Neither Pennsylvania Coal nor Penn Central concern intellectual property and
takings.
21
expression and petition rights on shopping center property. Id. at 82. Roth cited
footnote six in PruneYard, which discusses “property” as used in the Takings
Clause to denote “the group of rights inhering in the citizen’s relation to the
physical thing, as the right to possess, use and dispose of it. . . . The constitutional
provision is addressed to every sort of interest the citizen may possess.” Id. at 82
n.6 (quoting United States v. Gen. Motors Corp., 323 U.S. 373, 377–78 (1945)).18
This weighty quotation also appears in Ruckelshaus, with the Court ascribing it to
intangible property rights, 467 U.S. at 1003, but it does not suffice to compel
takings protection to copyright. See, e.g., PruneYard, 447 U.S. at 82 (“not every
destruction or injury to property by governmental action has been held to be a
‘taking’ in the constitutional sense”) (quoting Armstrong v. United States, 364 U.S.
40, 48 (1960)).
Zoltek v. United States
As mentioned, in Zoltek, the Federal Circuit19 held that a patent holder could
not allege patent infringement as a Fifth Amendment taking against the federal

18 Like PruneYard, General Motors did not involve intellectual property. It
concerned the Government’s temporary condemnation of a warehouse held under
a long-term lease during World War II. See Gen. Motors, 323 U.S. at 375.
19 The Federal Circuit is a specialized appellate court that has exclusive nationwide
jurisdiction of patent appeals and also takes appeals from the United States Court
of Federal Claims. See 28 U.S.C. §§ 1292(c), 1295(a)(1), (3).
22
government under the Tucker Act.
20 Zoltek, 442 F.3d at 1350–53. The Federal
Circuit relied on Schillinger v. United States, 155 U.S. 163 (1894), in which the
Supreme Court rejected an argument that a patent holder could sue the government
for patent infringement as a Fifth Amendment taking. Zoltek, 442 F.3d at 1350
(citing Schillinger, 155 U.S. at 169); see id. at 1351–52 (explaining that Congress
enacted the Tucker Act in response to Schillinger).
Zoltek, a post-Ruckelshaus decision, stated unequivocally: “Schillinger
remains the law.” Id. at 1350. The court noted that in Ruckelshaus (discussed
below), the Supreme Court concluded that government interference with interests
“cognizable as trade-secret property right[s]” could constitute a taking depending
on the circumstances, but that Ruckelshaus did not overrule Schillinger and that
Schillinger must be followed until it is overruled by the Supreme Court. Zoltek,
442 F.3d at 1352 & n.3 (citing and quoting Ruckelshaus, 467 U.S. at 1003–04).
The Federal Circuit vacated its original decision on other grounds years later, see
Zoltek Corp. v. United States, 672 F.3d 1309, 1322, 1327 (Fed. Cir. 2012), but its

20 28 U.S.C. § 1491(a)(1) (providing limited waiver of sovereign immunity by the
United States for certain claims in Court of Federal Claims), § 1498 (providing
statutory remedy in Court of Federal Claims for federal government’s unlicensed
use of patent or copyright). “Generally, compensation for a taking may be
obtained under the Tucker Act, which confers jurisdiction on the United States
Court of Claims.” Gordon v. Norton, 322 F.3d 1213, 1216 (10th Cir. 2003) (citing
Preseault v. Interstate Commerce Comm’n, 494 U.S. 1, 11–12 (1990)).
23
original decision remains persuasive and has been subsequently cited with
approval and applied by the Federal Circuit. See Gal-Or v. United States, 470
F. App’x 879, 881–83, 2012 WL 882670, at *1–3 (Fed. Cir. Feb. 9, 2012) (holding
Court of Federal Claims correctly concluded that patent-infringement claim against
federal government was not cognizable Fifth Amendment takings claim) (citing
Zoltek, 442 F.3d at 1352–53); see also Bell, 58 SYRACUSE L. REV. at 538 (noting
that Supreme Court’s denial of certiorari in Zoltek “strongly suggests that the same
outcome would obtain for copyrights”).
Zoltek also provides a segue to Olive’s reliance on James v. Campbell, 104
U.S. 356 (1881), which he contends is Supreme Court precedent for his copyrighttakings claim because it purports to protect patents from a government taking
without just compensation. Olive points out that Horne, the raisin-takings case,
states:
Nothing in this [Takings Clause] history suggests that personal
property was any less protected against physical appropriation than
real property. As this Court summed up in James v. Campbell, 104
U.S. 356, 358, 26 L.Ed. 786 (188[1]), a case concerning the alleged
appropriation of a patent by the Government:
“[A patent] confers upon the patentee an exclusive property in
the patented invention which cannot be appropriated or used by
the government itself, without just compensation, any more
than it can appropriate or use without compensation land which
has been patented to a private purchaser.”
24
Horne, 135 S.Ct. at 2427. Olive further notes that subsequent Supreme Court cases
have repeated the point in James: Hollister v. Benedict & Burnham Mfg. Co., 113
U.S. 59, 67 (1885); Wm. Cramp & Sons Ship & Engine Bldg. Co. v. Int’l Curtis
Marine Turbine Co., 246 U.S. 28, 39–40 (1918); and Hartford-Empire Co. v.
United States, 323 U.S. 386, 415 (1945). But we agree with the University that the
Supreme Court has never definitively held that a patent holder’s recourse against
the government for infringement is a constitutional takings claim.21 Zoltek noted as
much, for it addressed James in addition to applying Schillinger to conclude that a
patent-infringement claim against the federal government is not a cognizable Fifth
Amendment takings claim:
2As the Supreme Court recognized at least as long ago as 1881, the
patentee’s recourse for infringement by the government is limited by

21 The University asserts that Horne’s quotation from James is dicta, as Horne
involved raisins, not patents, and that Horne makes no pretense of deciding any
intellectual-property issue. See Horne, 135 S.Ct. at 2427. The University argues
persuasively that, had the Court in Horne fully considered the issue, it would have
realized that James’s dicta must be discounted because it came from a time when
the federal takings clause was not understood to be self-executing and therefore
routinely conflated a takings analysis with an implied contract with the
government to pay the value of the property. See, e.g., United States v. N. Am.
Transp. & Trading Co., 253 U.S. 330, 335 (1920) (“The right to bring this suit
against the United States in the Court of Claims is not founded upon the Fifth
Amendment, but upon the existence of an implied contract entered into by the
United States; and the contract which is implied is to pay the value of property as
of the date of the taking.”) (citations omitted)); see also James, 104 U.S. at 358–59
(noting that Court of Claims had been entertaining jurisdiction of claims for
unauthorized use of patented inventions “upon the footing of an implied
contract”).
25
the scope of the waiver of sovereign immunity established by the
Congressional consent to be sued. “If the jurisdiction of the Court of
Claims should not be finally sustained [to hear an infringement action
against the government], the only remedy against the United States,
unless Congress enlarges the jurisdiction of that court, would be to
apply to Congress itself.” James v. Campbell, 104 U.S. 356, 359, 26
L.Ed. 786 (1881).
. . . .
In response to Schillinger, Congress provided a specific sovereign
immunity waiver for a patentee to recover for infringement by the
government. Had Congress intended to clarify the dimensions of the
patent rights as property interests under the Fifth Amendment, there
would have been no need for the new and limited sovereign immunity
waiver. The manner in which Congress responded to Schillinger is
significant.
. . . .
In sum, the trial court erred in finding that Zoltek could allege patent
infringement as a Fifth Amendment taking under the Tucker Act, and
we reverse.
Zoltek, 442 F.3d at 1349 & n.2, 1352–53; see id. at 1349–50 (“A patentee’s judicial
recourse against the federal government, or its contractors, for patent infringement,
is set forth and limited by the terms of 28 U.S.C. § 1498.”).
The University correctly asserts that the above quote from James is dicta—at
least as to the existence of a viable Fifth Amendment takings claim—and that the
subsequent cases introduced new dicta by parroting James’s dicta. James’s dicta
about patents as property under the federal takings clause is divorced from its
holding that the government was not liable for infringement because there was no
26
valid patent. See James, 104 U.S. at 383. Hollister cited this dicta from James in an
opinion that also found no valid patent and that specifically declined to dispose of
the case on takings grounds.22 Hollister, 113 U.S. at 67, 71–73. In Zoltek, the
Federal Circuit noted that the Supreme Court in Wm. Cramp acknowleged that the
Tucker Act was the sole remedy for the government’s patent infringement. Zoltek,
442 F.3d at 1351 (stating that the 1910 [Tucker] Act “was intended alone to
provide for the discrepancy resulting from the right in one case to sue on the
implied contract and the non-existence of a right to sue” for infringement) (quoting
Wm. Cramp, 246 U.S. at 41). Zoltek further noted that in Wm. Cramp and Crozier
v. Fried. Krupp Aktiengesellschaft, 224 U.S. 290, 304 (1912), the Supreme Court
“acknowledged Congressional recognition that the Court of Claims lacked Tucker
Act jurisdiction over infringement under a takings theory.” Zoltek, 442 F.3d at
1351 (“Moreover, discussing the state of the law before the 1910 [Tucker] Act, the
Crozier court expressly noted that no patent infringement action could be brought

22 Hartford-Empire likewise quoted James in dicta because it did not concern the
Fifth Amendment and held only that Congress had chosen not to make forfeitable
patents that were involved in an antitrust violation. Hartford-Empire, 323 U.S. at
413–16. Olive also contends that the Supreme Court has held that trademark is
protected by the federal takings clause, but that contention not only also relies on
dicta but is incorrect. See K Mart Corp. v. Cartier, Inc., 485 U.S. 176, 185–86
(1988) (stating that trademarks provide trademark owner with certain bundle of
rights in context of decision not involving Fifth or Fourteenth Amendments); Coll.
Savs. Bank, 527 U.S. at 673 (quoting Cartier dicta to note that trademark may
constitute property for purposes of due-process clause).
27
against the government unless in the Court of Claims under a contract or implied
contract theory.”) (citing Crozier, 224 U.S. at 304).
In conclusion, and as partially explained by the Federal Circuit in Zoltek, the
litany of Supreme Court decisions relied on by Olive did not recognize a
constitutional takings claim for patent infringement. See Zoltek, 442 F.3d at 1350–
53 & nn.2-3.
Ruckelshaus v. Monsanto Co.
Ruckelshaus, which held that trade secrets23 are property under applicable
state law and can be subject to the federal takings clause, is the only Supreme
Court decision that has afforded takings protection to a form of intellectual
property. See Ruckelshaus, 467 U.S. at 1002. At issue were EPA regulations
requiring applicants for pesticide registration to disclose the applicant’s health,
safety, and environmental data that were trade-secret property rights under state
law, with the disclosure potentially becoming available to the applicant’s
competitors. Id. at 992–98, 1001. The principal basis for this decision was the

23 A trade secret is defined as “any formula, pattern, device or compilation of
information which is used in one’s business, and which gives him an opportunity
to obtain an advantage over competitors who do not know or use it.” Ruckelshaus,
467 U.S. at 1001 (quoting RESTATEMENT (FIRST) OF TORTS § 757 cmt. b (AM.
LAW INST. 1939)).
28
economic impact on the trade-secret owner and the impact’s effect on the owner’s
investment-backed expectations. See id. at 1005, 1011–12.
Because of the intangible nature of a trade secret, the extent of
the property right therein is defined by the extent to which the owner
of the secret protects his interest from disclosure to others.
. . . .
With respect to a trade secret, the right to exclude others is central to
the very definition of the property interest. Once the data that
constitute a trade secret are disclosed to others, or others are allowed
to use those data, the holder of the trade secret has lost his property
interest in the data.[15]
[15] We emphasize that the value of a trade secret lies in the
competitive advantage it gives its owner over competitors. Thus, it is
the fact that operation of the data-consideration or data-disclosure
provisions will allow a competitor to register more easily its product
or to use the disclosed data to improve its own technology that may
constitute a taking.
. . . .
The economic value of that property right lies in the competitive
advantage over others that Monsanto enjoys by virtue of its exclusive
access to the data, and disclosure or use by others of the data would
destroy that competitive edge.
Id. at 1002, 1011–12 & n.15.
* * *
It is not in dispute that a copyright is property with value to its owner. As we
stated, federal law protects this property interest by providing a statutory
29
infringement cause of action and the recovery of substantial damages. See 17
U.S.C. §§ 501(a), 504.
Copyright protection “subsists . . . in original works of authorship
fixed in any tangible medium of expression.” 17 U.S.C. § 102(a). This
protection has never accorded the copyright owner complete control
over all possible uses of his work. Rather, the Copyright Act grants
the copyright holder “exclusive” rights to use and to authorize the use
of his work in five qualified ways, including reproduction of the
copyrighted work in copies. Id., § 106. All reproductions of the work,
however, are not within the exclusive domain of the copyright owner;
some are in the public domain. Any individual may reproduce a
copyrighted work for a “fair use;” the copyright owner does not
possess the exclusive right to such a use. Compare id., § 106 with id.,
§ 107.[24]
“Anyone who violates any of the exclusive rights of the
copyright owner,” that is, anyone who trespasses into his exclusive
domain by using or authorizing the use of the copyrighted work in one
of the five ways set forth in the statute, “is an infringer of the
copyright.” Id., § 501(a).
Sony Corp. of Am. v. Universal City Studios, Inc., 464 U.S. 417, 432–33 (1984).
(footnotes omitted).

24 Under current law, the Copyright Act defines fair use as follows:
the fair use of a copyrighted work, including such use by
reproduction in copies or phonorecords or by any other means
specified by that section, for purposes such as criticism, comment,
news reporting, teaching (including multiple copies for classroom
use), scholarship, or research, is not an infringement of copyright.
17 U.S.C. § 107.
30
Olive does not allege that the University took his copyright interest; the only
reasonable construction of Olive’s claim is that the University committed
infringement. See id. Because copyright is nonrivalrous,25 Olive never lost his right
to use or license his photograph; the University’s infringement cost Olive a
licensing fee. See Cotter, 50 FLA. L. REV. at 562–63; see also Note, 128 HARV. L.
REV. at 985 n.109 (“As Professor Thomas Cotter has insightfully pointed out, the
consequences of government use are very different for intellectual property
because of its nonrivalrous nature: although the government’s use of physical
property excludes the owner, government copyright infringement costs the owner
no more than a licensing fee.”) (citing Cotter, 50 FLA. L. REV. at 562–63.). In these
respects, copyright is distinguishable from a trade secret, which, if disclosed to
others, results in a loss of the property interest and the economic value of the
competitive advantage inherent in the trade secret. See Ruckelshaus, 467 U.S. at
1010.
Copyright infringement as alleged by Olive is “akin to a transitory common
law trespass—a government interference with real property that may not amount to

25 See n.1 supra.
31
a taking at all.”26 Note, 128 HARV. L. REV. at 985 n.109; see id. at 977 n.41 (“[N]ot
every physical invasion amounts to a taking: a merely transitory invasion, akin to a
common law trespass, may not amount to a taking at all.”) (citing Hendler v.
United States, 952 F.2d 1364, 1377 (Fed. Cir. 1991)); see Sony, 464 U.S. at 433
(“anyone who trespasses into his exclusive domain by using or authorizing the use
of the copyrighted work in one of the five ways set forth in the statute, “ ‘is an
infringer of the copyright’ ”); see also Dowling v. United States, 473 U.S. 207, 217
(1985) (“The infringer invades a statutorily defined province guaranteed to the
copyright holder alone. But he does not assume physical control over the
copyright; nor does he wholly deprive its owner of its use.”).
Suppose, for example, that ten copies of a government manual take
from a textbook an excerpt that is just too long to be a fair use. The
act is an infringement but seems hardly more serious than a
“truckdriver parking on someone’s vacant land to eat lunch.” Hendler
v. United States, 952 F.2d 1364, 1377 (Fed. Cir. 1991).
Even if the government sets itself up as a competitor by producing a
copyrighted work, there probably is not good reason to conclude

26 Similarly, property rights, including copyright, have been described as ownership
of a bundle of rights or interests. See Harper & Row, Publishers, Inc. v. Nation
Enters., 471 U.S. 539, 546 (1985) (“Section 106 of the Copyright Act confers a
bundle of exclusive rights to the owner of the copyright.”); see also Ruckelshaus,
467 U.S. at 1011; Note, 128 HARV. L. REV. at 980; Chapdelaine, 10 BUFF. INTELL.
PROP. L.J. at 51–61. “But the denial of one traditional property right does not
always amount to a taking. At least where an owner possesses a full ‘bundle’ of
property rights, the destruction of one ‘strand’ of the bundle is not a taking,
because the aggregate must be viewed in its entirety.” Andrus v. Allard, 444 U.S.
51, 65–66 (1979).
32
automatically that the copyright has been “taken.” The copyright
holder can still exclude all private competitors even as the government
pirates the entirety of his work.
Note, 128 HARV. L. REV. at 985 n.109 (citing Cotter, 50 FLA. L. REV. at 562–63.);
cf. Vazquez, 106 Yale L.J. at 1745 n.281 (“the Court’s takings cases would appear
to require the conclusion that a state’s infringement of a patent is not a ‘taking,’ as
it does not ‘virtually destroy’ the property’s value”) (citing LAURENCE H. TRIBE,
AMERICAN CONSTITUTIONAL LAW § 9-3, at 593 (2d ed. 1988)).
To summarize, legal scholars are divided on whether copyright should be
protected from government takings, and legal authority is scant. This court’s
unpublished opinion in Schneider held that trademark infringement is not a taking.
Schneider, 1998 WL 834346, at *2. In the unique Porter case, the Fifth Circuit
stated that infringement of a common law copyright was not a taking. Porter, 473
F.2d at 1337. In Ruckelshaus, the Supreme Court held that trade secrets can be
subject to the federal takings clause. Ruckelshaus, 467 U.S. at 1002. But in the
Federal Circuit’s vacated, post-Ruckelshaus Zoltek decision on which the Supreme
Court denied certiorari, it held that patent infringement by the federal government
does not constitute a taking. Zoltek, 442 F.3d at 1350–53. Patents and trademarks,
as species of intellectual property, are more similar to copyrights than trade secrets.
Based on this authority, we hold that the Olive’s takings claim, which is
based on a single act of copyright infringement by the University, is not viable. We
33
sustain in part the University’s first and second issues, and we conclude that the
trial court erred in denying the University’s plea to the jurisdiction. This opinion
should not be construed as an endorsement of the University’s alleged copyright
infringement,27 and as discussed, copyright owners can seek injunctive relief
against a state actor for ongoing and prospective infringement. Instead, in the
absence of authority that copyright infringement by a state actor presents a viable
takings claim, and based on the contrary persuasive authority cited above, we
decline to so hold.
Conclusion
Because Olive has not pleaded a viable takings claim, the trial court should
have granted the University’s plea to the jurisdiction and dismissed Olive’s takings
claims for lack of subject-matter jurisdiction. We vacate the trial court’s order

27 See Harris Cty. Flood Control Dist. v. Kerr, 499 S.W.3d 793, 804–05 (Tex. 2016)
(noting that where government action harms an individual, “[o]ne’s normal reaction
is that he should be compensated therefor. [But,] [o]n the other hand, the doctrine of
the non-suability of the state is grounded upon sound public policy. If the State
were suable and liable for every tortious act of its agents, servants, and employees
committed in the performance of their official duties, there would result a serious
impairment of the public service and the necessary administrative functions of
government would be hampered.”) (quoting Tex. Highway Dep’t v. Weber, 219
S.W.2d 70, 71–72 (Tex. 1949)); see also Hillman v. Nueces Cty., ___ S.W.3d ___,
___, 2019 WL 1231341, at *6 (Tex. Mar. 15, 2019) (quoting truism that, “just as
immunity is inherent to sovereignty, unfairness is inherent to immunity.”) (quoting
City of Galveston v. State, 217 S.W.3d 466, 480 n.38 (Tex. 2007) (Willett, J.,
dissenting)).
34
denying the University’s plea to the jurisdiction and dismiss this cause for lack of
subject-matter jurisdiction.
Richard Hightower
Justice
Panel consists of Chief Justice Radack and Justices Higley and Hightower.

Univ. of Houston v Jim Olive Photography
[Link to -->  UH v. Olive opinion of court's website]
No. 01-18-00534-CV (Tex.App.- Houston [1st Dist.] June 11, 2019)

Wednesday, January 9, 2019

New Justices on Houston Courts of Appeals face daunting task upon COA Takeover

HEAVY WORKLOAD AHEAD FOR NEWLY ELECTED DEMOCRATS  

One of the consequences of the turnover in the composition of the Houston Courts of Appeals brought about by the Democratic sweep in the November 2018 elections is the need to reconstitute panels and reassign cases as numerous Republican incumbents departed from the court when their terms of office expired at the end of 2018. A large number of cases are affected, including cases that were previously submitted but were not decided before the year was up. All that makes for a crowded docket. Neither one of the two Houston Courts of Appeals that hear appeals from Harris County and nine additional surrounding counties has any oral arguments scheduled for January 2019, but the incoming justices face a daunting task working their way into, not to mention through, the pending caseload. 

For tomorrow, January 10, 2019, alone a total of no less than 187 civil and criminal appeals cases are set for submission in the Fourteenth Court of Appeals. Here is the list, followed by a breakdown by justices, who sit in panel of three. 

14-16-00880-CV Transamerica Corporation v. Braes Woods Condo Association Inc.
14-16-00959-CR Robert Hocko v. The State of Texas
14-17-00026-CR Epolito Lozano Junior v. The State of Texas
14-17-00027-CR Epolito Lozano Junior v. The State of Texas
14-17-00088-CR Senthil Manalan v. The State of Texas
14-17-00181-CV Robert Burton v. Wayman L. Prince, Nafisa Yaqoob, Independent Management & Investment LLC and Leawood Homeowners Association, Inc.
14-17-00210-CV Vernon Kent Maree and Front Row Parking Inc. v. Baldemar (Val) Zuniga
14-17-00216-CV In the Matter of the Marriage of Diana Erika Lopez and Jovany Jampher Paredes v.
14-17-00221-CV Tommy Layton Schmitt v. Petra Ulrike Schmitt
14-17-00239-CR Kevin Wayne Sauls v. The State of Texas
14-17-00257-CV Richard D. Davis, L.L.P., a Texas General Partnership, Richard D. Davis, L.L.P, a Nevada Limited Liability Partnership and Patricia K. Suarez v. Andy Knott, Bill Green, Dempsey Gearen, Jim Phillips, Phil Birkelbach, Danny Langhorne, Hans van der Voort, Gene Morton, Stanley Hoffpauir and Paul Kates
14-17-00259-CR Robert Ray Moore v. The State of Texas
14-17-00267-CR Jesus Gabriel Zamarripa v. The State of Texas
14-17-00271-CV ASR 2620-2630 Fountainview, LP, Fountainview Park Plaza, LLC, and ASRP Investments, LLC v. ASR 2620-2630 Fountainview GP, LLC, American Spectrum Operating Partnership LP, American Spectrum Realty, Inc., and American Spectrum Realty Management, LLC
14-17-00278-CV Bill Green, Hans Van Der Voort, Phil Birkelbach, and Paul Kates v. Richard D. Davis, L.L.P., a Nevada Limited Liability Partnership, Richard D. Davis, L.L.P., a Texas General Partnership, and Patricia K. Suarez
14-17-00281-CV Nguyen Vu Corporation ("NVC") v. PD & Sons, LLC d/b/a Rosa Pharmacy
14-17-00297-CR Shirley Fanuiel v. The State of Texas
14-17-00303-CR Bene A. Taylor v. The State of Texas
14-17-00315-CR John Anthony Vela v. The State of Texas
14-17-00324-CV Jesse Andrew Lopez v. Shari Grace Occhiogrosso
14-17-00347-CV Ernestine Sophie Jimenez aka Ernestine Sierra Jimenez aka Ernestine Garcia aka Ernestine Jimenez Garcia aka Baker Lewis v. Rosemarie Z. Lewis
14-17-00349-CR Joshuah Mack v. The State of Texas
14-17-00372-CV Richard D. Davis, LLP., a Texas General Partnership, Richard D. Davis, LLP, a Nevada Limited Liability Partnership and Patricia Suarez v. Sky Lakes Flyers Foundation and Carbett J. Duhon, III
14-17-00377-CR Terry Danell Ward v. The State of Texas
14-17-00379-CV Alejandro L. Padua and The Padua Law Firm, P.L.L.C v. Jason A. Gibson, P.C. d/b/a The Gibson Law Firm and Jason A. Gibson
14-17-00400-CR Happy Tran Pham v. The State of Texas
14-17-00408-CR Humberto Ruiz v. The State of Texas
14-17-00411-CR Robert DeWayne Bolden v. The State of Texas
14-17-00418-CR Kevin Devon Batts v. The State of Texas
14-17-00419-CR Jason Lara v. The State of Texas
14-17-00431-CV Joe Alfred Izen, Jr. and Ray Edwards and Bonnie Edwards d/b/a Big Man Diesel v. Kenneth Ryals, Trustee of the East Texas Investments Trust
14-17-00444-CV In the Matter of the Marriage of Mari Lou Garcia and Rene Garcia v.
14-17-00450-CV Fidelis Johnson Badaiki v. Bryan Miller DBA Classic Towing, Pine Forest Park Place, American Eagle Auto Storage
14-17-00460-CR Terrance Devaughn Edwards v. The State of Texas
14-17-00466-CV Rima Group, Inc. v. David H. Janowitz and Cynthia Edmiston, as Trustee of the Janowitz Edmiston Family Living Trust
14-17-00479-CV Aimee Harvey Individually and as Next Friend of Talisa Phillips, Amanda Harvey, Henry Wilson, III, as Next Friend of Aaleisa Phillips (a Minor) and Gwendolyn Wilson v. Kindred Healthcare Operating, Inc., Kindred Hospital Houston Medical Center, Kindred Hospitals Limited Partnership
14-17-00480-CV Dealer Computer Services, Inc. v. DCT Hollister Rd, LLC Staples, Inc., Northwest Crossing Association, Inc., First Service Residential Houston. Inc., Keith Grothaus, Victoria Brown and Jared Hothan
14-17-00493-CR Paul Craig Scott v. The State of Texas
14-17-00499-CR Darias Taron Lacour v. The State of Texas
14-17-00512-CR Alberto Palacio v. The State of Texas
14-17-00520-CV Fort Bend County v. Melissa Ann Norsworthy
14-17-00533-CV Houston Firefighters' Relief and Retirement Fund v. City of Houston, Sylvester Turner, Brenda Stardig, Jerry Davis, Ellen Cohen, Dwight Boykins, Dave Martin, Steve Le, Greg Travis, Karla Cisneros, Robert Gallegos, Mike Laster, Larry Green, Mike Knox, David Robinson, Michael Kubosh, Amanda Edwards and Jack Christie
14-17-00536-CR Elbert Jones v. The State of Texas
14-17-00547-CV Jeffrey Wells v. Texas Department of Public Safety
14-17-00554-CR Ramon Delgado v. The State of Texas
14-17-00557-CV Maurice Sloan II v. Goldberg B'Nai B'rith Towers
14-17-00559-CR Leonard Farrell Willis v. The State of Texas
14-17-00560-CR David Sherrod Wyles v. The State of Texas
14-17-00562-CV B2 Towing Co., Inc. and Sharon Brooks, Individually and as Administratrix of the Estate of Ann C. Brooks, v. Dale A. Binger, Jr., Joseph Hunter, Bill Watkins, and Marsha Watkins
14-17-00565-CV In the Interest of C.Z.P, a child v.
14-17-00572-CV Texas Department of Public Safety v. T. R. W.
14-17-00580-CR Charles Robert Ransier v. The State of Texas
14-17-00581-CR Charles Robert Ransier v. The State of Texas
14-17-00588-CR Theresa Serrano v. The State of Texas
14-17-00590-CR Miguel Angel Yepez v. The State of Texas
14-17-00604-CV In re the Commitment of Seth Hill v.
14-17-00606-CR Suzanne Elizabeth Wexler v. The State of Texas
14-17-00609-CV Scarlett Yarborough v. Vitrola Bar, Inc., Pete Mitchell, and Vera Mitchell
14-17-00610-CR Jessie Earl Nicholson v. The State of Texas
14-17-00613-CR Alvaro Angel Rodriguez v. The State of Texas
14-17-00619-CV Texas Central Partners, LLC v. Grimes County, Texas
14-17-00621-CR Engwin Williams v. The State of Texas
14-17-00622-CR Marvin Dayvon Brown v. The State of Texas
14-17-00623-CR Travis E Scott v. The State of Texas
14-17-00641-CR John Douglas Osby v. The State of Texas
14-17-00643-CR Omar Hernandez v. The State of Texas
14-17-00666-CV Jack Zeev Yetiv v. Commission for Lawyer Discipline
14-17-00672-CV In the Matter of the Marriage of Jose Eugenio Rangel and Catalina Tovias Rangel v.
14-17-00674-CR Lemandale Dewayne Braggs a/k/a Lemandale Dewayne Braggs v. The State of Texas
14-17-00676-CV Sameera Arshad and Almorfa LLC v. American Express Bank FSB
14-17-00687-CV John Kevin Munz and Unimaginable Ventures, LLC v. Craig Schreiber
14-17-00715-CV In the Interest of H.P.J., a Child v.
14-17-00717-CV Polaris Guidance Systems, LLC v. EOG Resources, Inc.
14-17-00718-CV Harris County, Texas v. Claudia Ramirez
14-17-00719-CR Steven Cortez v. The State of Texas
14-17-00733-CV Jay & VMK, Corp. and John Kelly v. Cristina Lopez and Humanitarian Financial, Inc.
14-17-00737-CV Altech Controls Corporation and Richard Alsenz v. Paul Malone
14-17-00739-CV Center Rose Partners, Ltd., Individually and derivatively as a member of Rose Acquisition LLC, David and Nicole Felt, and Lloyd Hall v. Jerry W. Bailey and David Sonnier
14-17-00742-CV Gary Ginn v. Robert Pierce
14-17-00745-CR Jose Guadalupe Garcia Flores v. The State of Texas
14-17-00749-CR James Oliver Charles Junior v. The State of Texas
14-17-00751-CV In the Interest of C.M., a Child v.
14-17-00754-CV Dawn Brown v. Prairie View A&M University and Ashley Robinson, in his Individual and Official Capacity
14-17-00761-CV Worldwide Autotainment, Inc. v. John Matthew Galloway
14-17-00762-CR Diva Maria Babel v. The State of Texas
14-17-00766-CV F. Don Lacy and Homes and More v. Luis A. Castillo
14-17-00768-CV Kevin P. Kaley v. Terri E. Kaley
14-17-00770-CR Joseph Arthur Alridge v. The State of Texas
14-17-00782-CV Jimmy Vitela v. Gallery Model Homes , Inc DBA Gallery Furniture
14-17-00783-CV Robert Burton v. Wayman L. Prince, Nafisa Yaqoob, Independant Management and Investments, LLC, and The Leawood Homeowners Assoviation, Inc.
14-17-00785-CR Zaid Adnan Najar v. The State of Texas
14-17-00802-CR James Alsup Hill v. The State of Texas
14-17-00814-CV Natosha Abraham v. Victory Apartments
14-17-00821-CR Maria Corona v. The State of Texas
14-17-00822-CR Jimmy Derrick Hicks v. The State of Texas
14-17-00835-CV Redmond Legal Group, PLLC, and Jerry Redmond, Jr., v. Carliss Chatman, and Mitra Woody
14-17-00837-CR Kole Keaton Batiste v. The State of Texas
14-17-00850-CV Watamar Holdings SA v. Ashford Development, Inc. Ashford Willowbrook, Inc., et al.
14-17-00851-CV Stewart A. Feldman, Individually, The Feldman Law Firm LLP, Rapid Settlements, Ltd., et al. v. Joseph K. Watts, Angela M. Watts, and Joseph K. Watts P.C.
14-17-00853-CV Joseph K. Watts, Angela M. Watts, Joseph K. Watts, Alexandria Smith, Scott Edward Smith, and Vikas Jundra v. Stewart A. Feldman, Individually the Feldman Law Firm, LLP,et al.
14-17-00861-CV Joseph K. Watts v. Stewart A. Feldman, individually, The Feldman Law Firm LLP, Rapid Settlements, Ltd.,et al.
14-17-00862-CV In the Interest of S.M.H and W.H.H., Minor Children v.
14-17-00864-CV Robert Burton v. Leawood HOA, Independant Management
14-17-00870-CV Sonya Ashley v. North Houston Pole Line, L.P. and Joaquin Jimenez
14-17-00872-CV Edwin Rodriguez and Tonya Rodriguez v. Texas Leaguer Brewing Company L.L.C. and Nathan Rees
14-17-00877-CV Sergio A Gonzalez & Sherice Gonzalez v. Hunting Energy Services, Inc., Hunting Energy Services, Drilling Tools, Inc., Hunting Titan, Inc.
14-17-00883-CV Charles Lee Cunningham, III, and Karan Lozano v. Christi Lee Waymire, and Gary Michael Waymire, individually and as next friend of minor children MC and MC2
14-17-00884-CR Nathaniel Davis v. The State of Texas
14-17-00893-CR Leslie Ray Foster v. The State of Texas
14-17-00900-CV Stanwyn Jay Carter v. ZB, National Association d/b/a Amegy Bank
14-17-00902-CR Douglas Harry Young v. The State of Texas
14-17-00904-CR Adrian Rashun Gaston v. The State of Texas


No. 14-17-00916-CV Houston Court of Appeals  Germany v. Wells Fargo Bank - Notice of Change in Appellate Panel Composition
Example of Notice of Change in Panel Composition 
14-17-00916-CV Charles J. Germany Jr. v. Wells Fargo Bank, NA
14-17-00922-CR Anthony Wayne Sykes v. The State of Texas
14-17-00923-CR Justin Ross Holzworth v. The State of Texas
14-17-00929-CV Alex Erazo v. Luis A Sanchez, Chief Medical Director for the Harris County Institute of Forensic Sciences; Kim Ogg (formally Devon Anderson), District Attorney for Harris County, Texas
14-17-00938-CV In the interest of D.Z, a minor child v.
14-17-00944-CV Viola Perfecto Clark v. Cornel T Clark
14-17-00946-CV Mai Tran v. Thien Quang Dinh & Lieu Thi Nguyen
14-17-00953-CR Juan Javier Lagos v. The State of Texas
14-17-00954-CV In the Interest of T.A.Q., a child v.
14-17-00980-CR Daniel Arnold Waller v. The State of Texas
14-17-00981-CV Jerry Sanchez, Timothy Wiliams, and Jose Estrada v. James Daniel Boone
14-17-00983-CR Elizabeth Jimenez v. The State of Texas
14-17-00989-CR Rodolfo Quintero v. The State of Texas
14-17-00990-CV PEM Offshore Incorporated and Philips Matthew v. Index Brook Limited
14-17-00991-CV Frank Zhang and Daxwell Group, LLC v. Capital Plastic & Bags, Inc.
14-17-00992-CR Quentin Jehlonton Wallace v. The State of Texas
14-17-00998-CV Son Tran v. Vully V Trejos
14-17-01008-CV Rosa Escalona v. MC Charter LLC and Michael Chavez
14-17-01010-CV Schear Hampton Drywall, LLC v. Founders Commercial, LTD
14-18-00001-CV Carl Tolbert, Nizzera Kimball and Vivian Robbins v. Terisa Taylor, Mark Broome, Neal Broome, Connie Broome, Fiona McInally and Pathway Forensics, LLC
14-18-00008-CR Christopher M. Pelletier v. The State of Texas
14-18-00009-CR Steven Kurt Baughman v. The State of Texas
14-18-00010-CR Steven Kurt Baughman v. The State of Texas
14-18-00015-CV In the Interest of K.A.M.S & K.A.S, Children v.
14-18-00017-CV Harris County Appraisal District v. Natalie Boyaki
14-18-00018-CV Tendeka, Inc. v. Nine Energy Service, et al
14-18-00020-CV Latia M Jones v. RGJ Apartments Inc. a/k/a RGJ Inc. a/k/a Victoria Park Apartments, a/k/a RGJ Apts Inc., a/k/a Victoria Park Apartment Home Inc.
14-18-00021-CR Steven Kurt Baughman v. The State of Texas
14-18-00037-CR Shaun Evertte Craven v. The State of Texas
14-18-00038-CV Texan Land & Cattle II, Ltd., v. Exxon Mobil Pipeline Company
14-18-00045-CV Mark Anthony Fornesa, Judy Thanh Fornesa, Ricardo Fornesa Jr., and Cynthia Fornesa v. Fifth Third Mortgage Co. & Fifth Third Bank
14-18-00055-CV Charles W. Cook, Levi Watson, Jessica Watson, Joe Blair Rowton, Jamie Louis Rowton, and Charles Townsend v. Ronen Nissimov, Natalia Nissimov, and Brian Blalock
14-18-00056-CR Jermel Irving v. The State of Texas
14-18-00057-CV Oscar Romero III v. D. R. Kidd Company, Inc. d/b/a Kidd Roofing
14-18-00060-CV Christopher Durham v. Barbara Accardi and Jules Accardi
14-18-00061-CV Blaine M. Standiford and Sheryl E. Standiford v. Citimortgage, Inc.
14-18-00065-CR Stephen Armstrong v. The State of Texas
14-18-00067-CR Corey Cadrey Thomas v. The State of Texas
14-18-00068-CV The City of Austin v. Lake Austin Collective, Inc.
14-18-00072-CR Rudolph Hardin v. The State of Texas
14-18-00073-CR Dale Anthony Tatro, Jr. v. The State of Texas
14-18-00074-CR Zeth Aurelio Garcia v. The State of Texas
14-18-00078-CR Lisa Ann Barfield v. The State of Texas
14-18-00080-CV The City of Houston v. Francisco Cruz
14-18-00082-CV Great West Casualty Company as Subrogee of Try Again Trucking and Gurjap Singh v. Jorge Billafuerte and Dwayne Washington
14-18-00097-CR Braylon Damon Cloud v. The State of Texas
14-18-00098-CV Gordon M Swoboda v. Ocwen Loan Servicing, LLC; and U.S. Bank National Association, as Trustee
14-18-00106-CV Natalya Read v. Stephen Sibo
14-18-00107-CV Rosemary C Phelan, Et Al v. Good Buys USA INC.
14-18-00116-CR Miguel Martines v. The State of Texas
14-18-00126-CV Jennifer Braden v. Hussain A. Rahim
14-18-00127-CV Continental Alloys & Services (Delaware) LLC and Continental Alloys & Services, Inc. v. Yangzhou Chengde Steel Pipe Co., Ltd. and Ciec USA Incorporation
14-18-00133-CV AMEC Foster Wheeler USA Corp., f/k/a Foster Wheeler USA Corporation; AMEC Foster Wheeler PLC v. Enterprise Products Operating LLC
14-18-00139-CV Dolly Ann Islas v. Daisy Sanchez Dominguez
14-18-00146-CV Texas Southern University v. Satterfield & Pontikes Construction, Inc.; Kirksey Architects, Inc.; Paradigm Consultants, Inc.; Nathelyne Kennedy & Associates, L.P. f/k/a Nathelyne Kennedy & Associates L.P.; and Haynes Whaley Associates Inc. Structural Engineering
14-18-00150-CV Glenn Johnson v. William Villatoro
14-18-00162-CR Vincent Depaul Stredic v. The State of Texas
14-18-00182-CV Harris County v. Juana Avila Individually and as Next Fried of Karla Avila, A Minor and Karla Avila, Individually
14-18-00184-CV George E. Hilburn v. Storage Trust Properties, LP
14-18-00202-CR Michael Andrew Marshall v. The State of Texas
14-18-00222-CV In Re Ricardo Fornesa, Cynthia Fornesa, Judy Thanh Fornesa, and Mark Anthony Fornesa v.
14-18-00233-CR Antwain Townes III v. The State of Texas
14-18-00234-CR Antwain Townes III v. The State of Texas
14-18-00237-CV Scott Van Dyke and ANGLO-DUTCH ENERGY, LLC v. Forest Hunter Smith, Littlemill Limited, Prosperity Settlement Funding, Inc., Robert M. Press, Anzar Settlement Funding Corp., Gerard Swonke and Greenberg Peden, P.C.
14-18-00247-CV Houston Independent School District, Harris County Harris County Flood Control District, Port of Houston Authority, Harris County Hospital District, Harris County Department of Education, Houston Community College System and City of Houston v. submission (brie
14-18-00273-CR Devlon Deaquel Johnson v. The State of Texas
14-18-00314-CV The University of Texas Medical Branch at Galveston ("UTMB") v. Francis Durisseau, Individually and as Administrator of the Estate of Michael Durisseau, Deceased
14-18-00381-CR Kenton Fryer v. The State of Texas
14-18-00387-CR Stephen Andrew Linton v. The State of Texas
14-18-00394-CV In re the Commitment of K.S v.
14-18-00400-CV 7 Point Group, LLC and EP Distributors, Inc. v. Green Mountain Energy Company; Reliant Energy Retail Services, LLC; US Retailers, LLC (d/b/a Compassion Energy; Cirro Energy, and Pennywise Power) and Everything Energy LLC
14-18-00420-CV Napoli, Bern, Ripka, Shkolnik & Associates, LLP; Napoli, Bern, Ripka, Shkolnik, LLP and Napoli Shkolnik, PLLC v. Stratos Legal Services, L.P.
14-18-00429-CV Yew Yuen Chow, Jeffery Chow, and Keppel Amfels, L.L.C. f/k/a Amfels, Inc. v. Jose M. Rodriguez San Pedro
14-18-00480-CV Sanjar Naderi, D.D.S. and Antoine Dental Center, LLC v. Kangasabapathy "Rikki" Ratnarajah
14-18-00568-CR Ex parte David Williams v.

CASES SET FOR SUBMISSION GROUPED BY JUSTICE 

Chief Justice Frost 14-16-00880-CV Transamerica Corporation v. Braes Woods Condo Association Inc.
Chief Justice Frost 14-16-00959-CR Robert Hocko v. The State of Texas
Chief Justice Frost 14-17-00088-CR Senthil Manalan v. The State of Texas
Chief Justice Frost 14-17-00181-CV Robert Burton v. Wayman L. Prince, Nafisa Yaqoob, Independent Management & Investment LLC and Leawood Homeowners Association, Inc.
Chief Justice Frost 14-17-00210-CV Vernon Kent Maree and Front Row Parking Inc. v. Baldemar (Val) Zuniga
Chief Justice Frost 14-17-00259-CR Robert Ray Moore v. The State of Texas
Chief Justice Frost 14-17-00271-CV ASR 2620-2630 Fountainview, LP, Fountainview Park Plaza, LLC, and ASRP Investments, LLC v. ASR 2620-2630 Fountainview GP, LLC, American Spectrum Operating Partnership LP, American Spectrum Realty, Inc., and American Spectrum Realty Management, LLC
Chief Justice Frost 14-17-00281-CV Nguyen Vu Corporation ("NVC") v. PD & Sons, LLC d/b/a Rosa Pharmacy
Chief Justice Frost 14-17-00349-CR Joshuah Mack v. The State of Texas
Chief Justice Frost 14-17-00379-CV Alejandro L. Padua and The Padua Law Firm, P.L.L.C v. Jason A. Gibson, P.C. d/b/a The Gibson Law Firm and Jason A. Gibson
Chief Justice Frost 14-17-00400-CR Happy Tran Pham v. The State of Texas
Chief Justice Frost 14-17-00418-CR Kevin Devon Batts v. The State of Texas
Chief Justice Frost 14-17-00460-CR Terrance Devaughn Edwards v. The State of Texas
Chief Justice Frost 14-17-00466-CV Rima Group, Inc. v. David H. Janowitz and Cynthia Edmiston, as Trustee of the Janowitz Edmiston Family Living Trust
Chief Justice Frost 14-17-00493-CR Paul Craig Scott v. The State of Texas
Chief Justice Frost 14-17-00499-CR Darias Taron Lacour v. The State of Texas
Chief Justice Frost 14-17-00512-CR Alberto Palacio v. The State of Texas
Chief Justice Frost 14-17-00520-CV Fort Bend County v. Melissa Ann Norsworthy
Chief Justice Frost 14-17-00533-CV Houston Firefighters' Relief and Retirement Fund v. City of Houston, Sylvester Turner, Brenda Stardig, Jerry Davis, Ellen Cohen, Dwight Boykins, Dave Martin, Steve Le, Greg Travis, Karla Cisneros, Robert Gallegos, Mike Laster, Larry Green, Mike Knox, David Robinson, Michael Kubosh, Amanda Edwards and Jack Christie
Chief Justice Frost 14-17-00547-CV Jeffrey Wells v. Texas Department of Public Safety
Chief Justice Frost 14-17-00559-CR Leonard Farrell Willis v. The State of Texas
Chief Justice Frost 14-17-00562-CV B2 Towing Co., Inc. and Sharon Brooks, Individually and as Administratrix of the Estate of Ann C. Brooks, v. Dale A. Binger, Jr., Joseph Hunter, Bill Watkins, and Marsha Watkins
Chief Justice Frost 14-17-00565-CV In the Interest of C.Z.P, a child v.
Chief Justice Frost 14-17-00604-CV In re the Commitment of Seth Hill v.
Chief Justice Frost 14-17-00610-CR Jessie Earl Nicholson v. The State of Texas
Chief Justice Frost 14-17-00613-CR Alvaro Angel Rodriguez v. The State of Texas
Chief Justice Frost 14-17-00619-CV Texas Central Partners, LLC v. Grimes County, Texas
Chief Justice Frost 14-17-00622-CR Marvin Dayvon Brown v. The State of Texas
Chief Justice Frost 14-17-00643-CR Omar Hernandez v. The State of Texas
Chief Justice Frost 14-17-00676-CV Sameera Arshad and Almorfa LLC v. American Express Bank FSB
Chief Justice Frost 14-17-00715-CV In the Interest of H.P.J., a Child v.
Chief Justice Frost 14-17-00718-CV Harris County, Texas v. Claudia Ramirez
Chief Justice Frost 14-17-00739-CV Center Rose Partners, Ltd., Individually and derivatively as a member of Rose Acquisition LLC, David and Nicole Felt, and Lloyd Hall v. Jerry W. Bailey and David Sonnier
Chief Justice Frost 14-17-00742-CV Gary Ginn v. Robert Pierce
Chief Justice Frost 14-17-00745-CR Jose Guadalupe Garcia Flores v. The State of Texas
Chief Justice Frost 14-17-00751-CV In the Interest of C.M., a Child v.
Chief Justice Frost 14-17-00754-CV Dawn Brown v. Prairie View A&M University and Ashley Robinson, in his Individual and Official Capacity
Chief Justice Frost 14-17-00766-CV F. Don Lacy and Homes and More v. Luis A. Castillo
Chief Justice Frost 14-17-00802-CR James Alsup Hill v. The State of Texas
Chief Justice Frost 14-17-00814-CV Natosha Abraham v. Victory Apartments
Chief Justice Frost 14-17-00850-CV Watamar Holdings SA v. Ashford Development, Inc. Ashford Willowbrook, Inc., et al.
Chief Justice Frost 14-17-00851-CV Stewart A. Feldman, Individually, The Feldman Law Firm LLP, Rapid Settlements, Ltd., et al. v. Joseph K. Watts, Angela M. Watts, and Joseph K. Watts P.C.
Chief Justice Frost 14-17-00853-CV Joseph K. Watts, Angela M. Watts, Joseph K. Watts, Alexandria Smith, Scott Edward Smith, and Vikas Jundra v. Stewart A. Feldman, Individually the Feldman Law Firm, LLP,et al.
Chief Justice Frost 14-17-00861-CV Joseph K. Watts v. Stewart A. Feldman, individually, The Feldman Law Firm LLP, Rapid Settlements, Ltd.,et al.
Chief Justice Frost 14-17-00883-CV Charles Lee Cunningham, III, and Karan Lozano v. Christi Lee Waymire, and Gary Michael Waymire, individually and as next friend of minor children MC and MC2
Chief Justice Frost 14-17-00904-CR Adrian Rashun Gaston v. The State of Texas
Chief Justice Frost 14-17-00922-CR Anthony Wayne Sykes v. The State of Texas
Chief Justice Frost 14-17-00929-CV Alex Erazo v. Luis A Sanchez, Chief Medical Director for the Harris County Institute of Forensic Sciences; Kim Ogg (formally Devon Anderson), District Attorney for Harris County, Texas
Chief Justice Frost 14-17-00946-CV Mai Tran v. Thien Quang Dinh & Lieu Thi Nguyen
Chief Justice Frost 14-17-00991-CV Frank Zhang and Daxwell Group, LLC v. Capital Plastic & Bags, Inc.
Chief Justice Frost 14-18-00001-CV Carl Tolbert, Nizzera Kimball and Vivian Robbins v. Terisa Taylor, Mark Broome, Neal Broome, Connie Broome, Fiona McInally and Pathway Forensics, LLC
Chief Justice Frost 14-18-00008-CR Christopher M. Pelletier v. The State of Texas
Chief Justice Frost 14-18-00037-CR Shaun Evertte Craven v. The State of Texas
Chief Justice Frost 14-18-00055-CV Charles W. Cook, Levi Watson, Jessica Watson, Joe Blair Rowton, Jamie Louis Rowton, and Charles Townsend v. Ronen Nissimov, Natalia Nissimov, and Brian Blalock
Chief Justice Frost 14-18-00061-CV Blaine M. Standiford and Sheryl E. Standiford v. Citimortgage, Inc.
Chief Justice Frost 14-18-00067-CR Corey Cadrey Thomas v. The State of Texas
Chief Justice Frost 14-18-00073-CR Dale Anthony Tatro, Jr. v. The State of Texas
Chief Justice Frost 14-18-00082-CV Great West Casualty Company as Subrogee of Try Again Trucking and Gurjap Singh v. Jorge Billafuerte and Dwayne Washington
Chief Justice Frost 14-18-00097-CR Braylon Damon Cloud v. The State of Texas
Chief Justice Frost 14-18-00106-CV Natalya Read v. Stephen Sibo
Chief Justice Frost 14-18-00127-CV Continental Alloys & Services (Delaware) LLC and Continental Alloys & Services, Inc. v. Yangzhou Chengde Steel Pipe Co., Ltd. and Ciec USA Incorporation
Chief Justice Frost 14-18-00133-CV AMEC Foster Wheeler USA Corp., f/k/a Foster Wheeler USA Corporation; AMEC Foster Wheeler PLC v. Enterprise Products Operating LLC
Chief Justice Frost 14-18-00139-CV Dolly Ann Islas v. Daisy Sanchez Dominguez
Chief Justice Frost 14-18-00184-CV George E. Hilburn v. Storage Trust Properties, LP
Chief Justice Frost 14-18-00202-CR Michael Andrew Marshall v. The State of Texas
Chief Justice Frost 14-18-00568-CR Ex parte David Williams v.

Justice Bourliot 14-17-00181-CV Robert Burton v. Wayman L. Prince, Nafisa Yaqoob, Independent Management & Investment LLC and Leawood Homeowners Association, Inc.
Justice Bourliot 14-17-00239-CR Kevin Wayne Sauls v. The State of Texas
Justice Bourliot 14-17-00271-CV ASR 2620-2630 Fountainview, LP, Fountainview Park Plaza, LLC, and ASRP Investments, LLC v. ASR 2620-2630 Fountainview GP, LLC, American Spectrum Operating Partnership LP, American Spectrum Realty, Inc., and American Spectrum Realty Management, LLC
Justice Bourliot 14-17-00281-CV Nguyen Vu Corporation ("NVC") v. PD & Sons, LLC d/b/a Rosa Pharmacy
Justice Bourliot 14-17-00303-CR Bene A. Taylor v. The State of Texas
Justice Bourliot 14-17-00400-CR Happy Tran Pham v. The State of Texas
Justice Bourliot 14-17-00411-CR Robert DeWayne Bolden v. The State of Texas
Justice Bourliot 14-17-00431-CV Joe Alfred Izen, Jr. and Ray Edwards and Bonnie Edwards d/b/a Big Man Diesel v. Kenneth Ryals, Trustee of the East Texas Investments Trust
Justice Bourliot 14-17-00450-CV Fidelis Johnson Badaiki v. Bryan Miller DBA Classic Towing, Pine Forest Park Place, American Eagle Auto Storage
Justice Bourliot 14-17-00466-CV Rima Group, Inc. v. David H. Janowitz and Cynthia Edmiston, as Trustee of the Janowitz Edmiston Family Living Trust
Justice Bourliot 14-17-00479-CV Aimee Harvey Individually and as Next Friend of Talisa Phillips, Amanda Harvey, Henry Wilson, III, as Next Friend of Aaleisa Phillips (a Minor) and Gwendolyn Wilson v. Kindred Healthcare Operating, Inc., Kindred Hospital Houston Medical Center, Kindred Hospitals Limited Partnership
Justice Bourliot 14-17-00493-CR Paul Craig Scott v. The State of Texas
Justice Bourliot 14-17-00547-CV Jeffrey Wells v. Texas Department of Public Safety
Justice Bourliot 14-17-00560-CR David Sherrod Wyles v. The State of Texas
Justice Bourliot 14-17-00565-CV In the Interest of C.Z.P, a child v.
Justice Bourliot 14-17-00572-CV Texas Department of Public Safety v. T. R. W.
Justice Bourliot 14-17-00588-CR Theresa Serrano v. The State of Texas
Justice Bourliot 14-17-00619-CV Texas Central Partners, LLC v. Grimes County, Texas
Justice Bourliot 14-17-00672-CV In the Matter of the Marriage of Jose Eugenio Rangel and Catalina Tovias Rangel v.
Justice Bourliot 14-17-00674-CR Lemandale Dewayne Braggs a/k/a Lemandale Dewayne Braggs v. The State of Texas
Justice Bourliot 14-17-00737-CV Altech Controls Corporation and Richard Alsenz v. Paul Malone
Justice Bourliot 14-17-00749-CR James Oliver Charles Junior v. The State of Texas
Justice Bourliot 14-17-00768-CV Kevin P. Kaley v. Terri E. Kaley
Justice Bourliot 14-17-00770-CR Joseph Arthur Alridge v. The State of Texas
Justice Bourliot 14-17-00783-CV Robert Burton v. Wayman L. Prince, Nafisa Yaqoob, Independant Management and Investments, LLC, and The Leawood Homeowners Assoviation, Inc.
Justice Bourliot 14-17-00785-CR Zaid Adnan Najar v. The State of Texas
Justice Bourliot 14-17-00821-CR Maria Corona v. The State of Texas
Justice Bourliot 14-17-00864-CV Robert Burton v. Leawood HOA, Independant Management
Justice Bourliot 14-17-00884-CR Nathaniel Davis v. The State of Texas
Justice Bourliot 14-17-00923-CR Justin Ross Holzworth v. The State of Texas
Justice Bourliot 14-17-00929-CV Alex Erazo v. Luis A Sanchez, Chief Medical Director for the Harris County Institute of Forensic Sciences; Kim Ogg (formally Devon Anderson), District Attorney for Harris County, Texas
Justice Bourliot 14-17-00938-CV In the interest of D.Z, a minor child v.
Justice Bourliot 14-17-00946-CV Mai Tran v. Thien Quang Dinh & Lieu Thi Nguyen
Justice Bourliot 14-17-00953-CR Juan Javier Lagos v. The State of Texas
Justice Bourliot 14-17-00980-CR Daniel Arnold Waller v. The State of Texas
Justice Bourliot 14-17-00981-CV Jerry Sanchez, Timothy Wiliams, and Jose Estrada v. James Daniel Boone
Justice Bourliot 14-17-00983-CR Elizabeth Jimenez v. The State of Texas
Justice Bourliot 14-17-00991-CV Frank Zhang and Daxwell Group, LLC v. Capital Plastic & Bags, Inc.
Justice Bourliot 14-17-01010-CV Schear Hampton Drywall, LLC v. Founders Commercial, LTD
Justice Bourliot 14-18-00001-CV Carl Tolbert, Nizzera Kimball and Vivian Robbins v. Terisa Taylor, Mark Broome, Neal Broome, Connie Broome, Fiona McInally and Pathway Forensics, LLC
Justice Bourliot 14-18-00020-CV Latia M Jones v. RGJ Apartments Inc. a/k/a RGJ Inc. a/k/a Victoria Park Apartments, a/k/a RGJ Apts Inc., a/k/a Victoria Park Apartment Home Inc.
Justice Bourliot 14-18-00055-CV Charles W. Cook, Levi Watson, Jessica Watson, Joe Blair Rowton, Jamie Louis Rowton, and Charles Townsend v. Ronen Nissimov, Natalia Nissimov, and Brian Blalock
Justice Bourliot 14-18-00061-CV Blaine M. Standiford and Sheryl E. Standiford v. Citimortgage, Inc.
Justice Bourliot 14-18-00068-CV The City of Austin v. Lake Austin Collective, Inc.
Justice Bourliot 14-18-00080-CV The City of Houston v. Francisco Cruz
Justice Bourliot 14-18-00082-CV Great West Casualty Company as Subrogee of Try Again Trucking and Gurjap Singh v. Jorge Billafuerte and Dwayne Washington
Justice Bourliot 14-18-00097-CR Braylon Damon Cloud v. The State of Texas
Justice Bourliot 14-18-00127-CV Continental Alloys & Services (Delaware) LLC and Continental Alloys & Services, Inc. v. Yangzhou Chengde Steel Pipe Co., Ltd. and Ciec USA Incorporation
Justice Bourliot 14-18-00139-CV Dolly Ann Islas v. Daisy Sanchez Dominguez
Justice Bourliot 14-18-00184-CV George E. Hilburn v. Storage Trust Properties, LP
Justice Bourliot 14-18-00568-CR Ex parte David Williams v.

Justice Christopher 14-17-00026-CR Epolito Lozano Junior v. The State of Texas
Justice Christopher 14-17-00027-CR Epolito Lozano Junior v. The State of Texas
Justice Christopher 14-17-00181-CV Robert Burton v. Wayman L. Prince, Nafisa Yaqoob, Independent Management & Investment LLC and Leawood Homeowners Association, Inc.
Justice Christopher 14-17-00221-CV Tommy Layton Schmitt v. Petra Ulrike Schmitt
Justice Christopher 14-17-00239-CR Kevin Wayne Sauls v. The State of Texas
Justice Christopher 14-17-00347-CV Ernestine Sophie Jimenez aka Ernestine Sierra Jimenez aka Ernestine Garcia aka Ernestine Jimenez Garcia aka Baker Lewis v. Rosemarie Z. Lewis
Justice Christopher 14-17-00419-CR Jason Lara v. The State of Texas
Justice Christopher 14-17-00431-CV Joe Alfred Izen, Jr. and Ray Edwards and Bonnie Edwards d/b/a Big Man Diesel v. Kenneth Ryals, Trustee of the East Texas Investments Trust
Justice Christopher 14-17-00466-CV Rima Group, Inc. v. David H. Janowitz and Cynthia Edmiston, as Trustee of the Janowitz Edmiston Family Living Trust
Justice Christopher 14-17-00479-CV Aimee Harvey Individually and as Next Friend of Talisa Phillips, Amanda Harvey, Henry Wilson, III, as Next Friend of Aaleisa Phillips (a Minor) and Gwendolyn Wilson v. Kindred Healthcare Operating, Inc., Kindred Hospital Houston Medical Center, Kindred Hospitals Limited Partnership
Justice Christopher 14-17-00493-CR Paul Craig Scott v. The State of Texas
Justice Christopher 14-17-00536-CR Elbert Jones v. The State of Texas
Justice Christopher 14-17-00547-CV Jeffrey Wells v. Texas Department of Public Safety
Justice Christopher 14-17-00554-CR Ramon Delgado v. The State of Texas
Justice Christopher 14-17-00557-CV Maurice Sloan II v. Goldberg B'Nai B'rith Towers
Justice Christopher 14-17-00560-CR David Sherrod Wyles v. The State of Texas
Justice Christopher 14-17-00565-CV In the Interest of C.Z.P, a child v.
Justice Christopher 14-17-00572-CV Texas Department of Public Safety v. T. R. W.
Justice Christopher 14-17-00619-CV Texas Central Partners, LLC v. Grimes County, Texas
Justice Christopher 14-17-00623-CR Travis E Scott v. The State of Texas
Justice Christopher 14-17-00641-CR John Douglas Osby v. The State of Texas
Justice Christopher 14-17-00674-CR Lemandale Dewayne Braggs a/k/a Lemandale Dewayne Braggs v. The State of Texas
Justice Christopher 14-17-00733-CV Jay & VMK, Corp. and John Kelly v. Cristina Lopez and Humanitarian Financial, Inc.
Justice Christopher 14-17-00737-CV Altech Controls Corporation and Richard Alsenz v. Paul Malone
Justice Christopher 14-17-00749-CR James Oliver Charles Junior v. The State of Texas
Justice Christopher 14-17-00770-CR Joseph Arthur Alridge v. The State of Texas
Justice Christopher 14-17-00782-CV Jimmy Vitela v. Gallery Model Homes , Inc DBA Gallery Furniture
Justice Christopher 14-17-00783-CV Robert Burton v. Wayman L. Prince, Nafisa Yaqoob, Independant Management and Investments, LLC, and The Leawood Homeowners Assoviation, Inc.
Justice Christopher 14-17-00785-CR Zaid Adnan Najar v. The State of Texas
Justice Christopher 14-17-00821-CR Maria Corona v. The State of Texas
Justice Christopher 14-17-00864-CV Robert Burton v. Leawood HOA, Independant Management
Justice Christopher 14-17-00872-CV Edwin Rodriguez and Tonya Rodriguez v. Texas Leaguer Brewing Company L.L.C. and Nathan Rees
Justice Christopher 14-17-00884-CR Nathaniel Davis v. The State of Texas
Justice Christopher 14-17-00893-CR Leslie Ray Foster v. The State of Texas
Justice Christopher 14-17-00902-CR Douglas Harry Young v. The State of Texas
Justice Christopher 14-17-00916-CV Charles J. Germany Jr. v. Wells Fargo Bank, NA
Justice Christopher 14-17-00923-CR Justin Ross Holzworth v. The State of Texas
Justice Christopher 14-17-00938-CV In the interest of D.Z, a minor child v.
Justice Christopher 14-17-00944-CV Viola Perfecto Clark v. Cornel T Clark
Justice Christopher 14-17-00953-CR Juan Javier Lagos v. The State of Texas
Justice Christopher 14-17-00980-CR Daniel Arnold Waller v. The State of Texas
Justice Christopher 14-17-00983-CR Elizabeth Jimenez v. The State of Texas
Justice Christopher 14-17-00989-CR Rodolfo Quintero v. The State of Texas
Justice Christopher 14-17-00992-CR Quentin Jehlonton Wallace v. The State of Texas
Justice Christopher 14-17-00998-CV Son Tran v. Vully V Trejos
Justice Christopher 14-17-01010-CV Schear Hampton Drywall, LLC v. Founders Commercial, LTD
Justice Christopher 14-18-00017-CV Harris County Appraisal District v. Natalie Boyaki
Justice Christopher 14-18-00020-CV Latia M Jones v. RGJ Apartments Inc. a/k/a RGJ Inc. a/k/a Victoria Park Apartments, a/k/a RGJ Apts Inc., a/k/a Victoria Park Apartment Home Inc.
Justice Christopher 14-18-00038-CV Texan Land & Cattle II, Ltd., v. Exxon Mobil Pipeline Company
Justice Christopher 14-18-00068-CV The City of Austin v. Lake Austin Collective, Inc.
Justice Christopher 14-18-00074-CR Zeth Aurelio Garcia v. The State of Texas
Justice Christopher 14-18-00080-CV The City of Houston v. Francisco Cruz
Justice Christopher 14-18-00098-CV Gordon M Swoboda v. Ocwen Loan Servicing, LLC; and U.S. Bank National Association, as Trustee
Justice Christopher 14-18-00107-CV Rosemary C Phelan, Et Al v. Good Buys USA INC.
Justice Christopher 14-18-00116-CR Miguel Martines v. The State of Texas
Justice Christopher 14-18-00146-CV Texas Southern University v. Satterfield & Pontikes Construction, Inc.; Kirksey Architects, Inc.; Paradigm Consultants, Inc.; Nathelyne Kennedy & Associates, L.P. f/k/a Nathelyne Kennedy & Associates L.P.; and Haynes Whaley Associates Inc. Structural Engineering
Justice Christopher 14-18-00182-CV Harris County v. Juana Avila Individually and as Next Fried of Karla Avila, A Minor and Karla Avila, Individually
Justice Christopher 14-18-00233-CR Antwain Townes III v. The State of Texas
Justice Christopher 14-18-00234-CR Antwain Townes III v. The State of Texas
Justice Christopher 14-18-00314-CV The University of Texas Medical Branch at Galveston ("UTMB") v. Francis Durisseau, Individually and as Administrator of the Estate of Michael Durisseau, Deceased

Justice Hassan 14-16-00880-CV Transamerica Corporation v. Braes Woods Condo Association Inc.
Justice Hassan 14-16-00959-CR Robert Hocko v. The State of Texas
Justice Hassan 14-17-00026-CR Epolito Lozano Junior v. The State of Texas
Justice Hassan 14-17-00027-CR Epolito Lozano Junior v. The State of Texas
Justice Hassan 14-17-00088-CR Senthil Manalan v. The State of Texas
Justice Hassan 14-17-00221-CV Tommy Layton Schmitt v. Petra Ulrike Schmitt
Justice Hassan 14-17-00257-CV Richard D. Davis, L.L.P., a Texas General Partnership, Richard D. Davis, L.L.P, a Nevada Limited Liability Partnership and Patricia K. Suarez v. Andy Knott, Bill Green, Dempsey Gearen, Jim Phillips, Phil Birkelbach, Danny Langhorne, Hans van der Voort, Gene Morton, Stanley Hoffpauir and Paul Kates
Justice Hassan 14-17-00259-CR Robert Ray Moore v. The State of Texas
Justice Hassan 14-17-00278-CV Bill Green, Hans Van Der Voort, Phil Birkelbach, and Paul Kates v. Richard D. Davis, L.L.P., a Nevada Limited Liability Partnership, Richard D. Davis, L.L.P., a Texas General Partnership, and Patricia K. Suarez
Justice Hassan 14-17-00347-CV Ernestine Sophie Jimenez aka Ernestine Sierra Jimenez aka Ernestine Garcia aka Ernestine Jimenez Garcia aka Baker Lewis v. Rosemarie Z. Lewis
Justice Hassan 14-17-00372-CV Richard D. Davis, LLP., a Texas General Partnership, Richard D. Davis, LLP, a Nevada Limited Liability Partnership and Patricia Suarez v. Sky Lakes Flyers Foundation and Carbett J. Duhon, III
Justice Hassan 14-17-00377-CR Terry Danell Ward v. The State of Texas
Justice Hassan 14-17-00418-CR Kevin Devon Batts v. The State of Texas
Justice Hassan 14-17-00419-CR Jason Lara v. The State of Texas
Justice Hassan 14-17-00512-CR Alberto Palacio v. The State of Texas
Justice Hassan 14-17-00536-CR Elbert Jones v. The State of Texas
Justice Hassan 14-17-00554-CR Ramon Delgado v. The State of Texas
Justice Hassan 14-17-00557-CV Maurice Sloan II v. Goldberg B'Nai B'rith Towers
Justice Hassan 14-17-00559-CR Leonard Farrell Willis v. The State of Texas
Justice Hassan 14-17-00562-CV B2 Towing Co., Inc. and Sharon Brooks, Individually and as Administratrix of the Estate of Ann C. Brooks, v. Dale A. Binger, Jr., Joseph Hunter, Bill Watkins, and Marsha Watkins
Justice Hassan 14-17-00604-CV In re the Commitment of Seth Hill v.
Justice Hassan 14-17-00622-CR Marvin Dayvon Brown v. The State of Texas
Justice Hassan 14-17-00623-CR Travis E Scott v. The State of Texas
Justice Hassan 14-17-00641-CR John Douglas Osby v. The State of Texas
Justice Hassan 14-17-00643-CR Omar Hernandez v. The State of Texas
Justice Hassan 14-17-00715-CV In the Interest of H.P.J., a Child v.
Justice Hassan 14-17-00718-CV Harris County, Texas v. Claudia Ramirez
Justice Hassan 14-17-00733-CV Jay & VMK, Corp. and John Kelly v. Cristina Lopez and Humanitarian Financial, Inc.
Justice Hassan 14-17-00742-CV Gary Ginn v. Robert Pierce
Justice Hassan 14-17-00745-CR Jose Guadalupe Garcia Flores v. The State of Texas
Justice Hassan 14-17-00751-CV In the Interest of C.M., a Child v.
Justice Hassan 14-17-00761-CV Worldwide Autotainment, Inc. v. John Matthew Galloway
Justice Hassan 14-17-00766-CV F. Don Lacy and Homes and More v. Luis A. Castillo
Justice Hassan 14-17-00782-CV Jimmy Vitela v. Gallery Model Homes , Inc DBA Gallery Furniture
Justice Hassan 14-17-00802-CR James Alsup Hill v. The State of Texas
Justice Hassan 14-17-00814-CV Natosha Abraham v. Victory Apartments
Justice Hassan 14-17-00851-CV Stewart A. Feldman, Individually, The Feldman Law Firm LLP, Rapid Settlements, Ltd., et al. v. Joseph K. Watts, Angela M. Watts, and Joseph K. Watts P.C.
Justice Hassan 14-17-00853-CV Joseph K. Watts, Angela M. Watts, Joseph K. Watts, Alexandria Smith, Scott Edward Smith, and Vikas Jundra v. Stewart A. Feldman, Individually the Feldman Law Firm, LLP,et al.
Justice Hassan 14-17-00861-CV Joseph K. Watts v. Stewart A. Feldman, individually, The Feldman Law Firm LLP, Rapid Settlements, Ltd.,et al.
Justice Hassan 14-17-00872-CV Edwin Rodriguez and Tonya Rodriguez v. Texas Leaguer Brewing Company L.L.C. and Nathan Rees
Justice Hassan 14-17-00893-CR Leslie Ray Foster v. The State of Texas
Justice Hassan 14-17-00902-CR Douglas Harry Young v. The State of Texas
Justice Hassan 14-17-00904-CR Adrian Rashun Gaston v. The State of Texas
Justice Hassan 14-17-00916-CV Charles J. Germany Jr. v. Wells Fargo Bank, NA
Justice Hassan 14-17-00922-CR Anthony Wayne Sykes v. The State of Texas
Justice Hassan 14-17-00944-CV Viola Perfecto Clark v. Cornel T Clark
Justice Hassan 14-17-00989-CR Rodolfo Quintero v. The State of Texas
Justice Hassan 14-17-00992-CR Quentin Jehlonton Wallace v. The State of Texas
Justice Hassan 14-17-00998-CV Son Tran v. Vully V Trejos
Justice Hassan 14-18-00008-CR Christopher M. Pelletier v. The State of Texas
Justice Hassan 14-18-00017-CV Harris County Appraisal District v. Natalie Boyaki
Justice Hassan 14-18-00037-CR Shaun Evertte Craven v. The State of Texas
Justice Hassan 14-18-00038-CV Texan Land & Cattle II, Ltd., v. Exxon Mobil Pipeline Company
Justice Hassan 14-18-00067-CR Corey Cadrey Thomas v. The State of Texas
Justice Hassan 14-18-00073-CR Dale Anthony Tatro, Jr. v. The State of Texas
Justice Hassan 14-18-00074-CR Zeth Aurelio Garcia v. The State of Texas
Justice Hassan 14-18-00098-CV Gordon M Swoboda v. Ocwen Loan Servicing, LLC; and U.S. Bank National Association, as Trustee
Justice Hassan 14-18-00106-CV Natalya Read v. Stephen Sibo
Justice Hassan 14-18-00107-CV Rosemary C Phelan, Et Al v. Good Buys USA INC.
Justice Hassan 14-18-00116-CR Miguel Martines v. The State of Texas
Justice Hassan 14-18-00133-CV AMEC Foster Wheeler USA Corp., f/k/a Foster Wheeler USA Corporation; AMEC Foster Wheeler PLC v. Enterprise Products Operating LLC
Justice Hassan 14-18-00146-CV Texas Southern University v. Satterfield & Pontikes Construction, Inc.; Kirksey Architects, Inc.; Paradigm Consultants, Inc.; Nathelyne Kennedy & Associates, L.P. f/k/a Nathelyne Kennedy & Associates L.P.; and Haynes Whaley Associates Inc. Structural Engineering
Justice Hassan 14-18-00182-CV Harris County v. Juana Avila Individually and as Next Fried of Karla Avila, A Minor and Karla Avila, Individually
Justice Hassan 14-18-00202-CR Michael Andrew Marshall v. The State of Texas
Justice Hassan 14-18-00233-CR Antwain Townes III v. The State of Texas
Justice Hassan 14-18-00234-CR Antwain Townes III v. The State of Texas
Justice Hassan 14-18-00314-CV The University of Texas Medical Branch at Galveston ("UTMB") v. Francis Durisseau, Individually and as Administrator of the Estate of Michael Durisseau, Deceased
Justice Jewell 14-17-00026-CR Epolito Lozano Junior v. The State of Texas
Justice Jewell 14-17-00027-CR Epolito Lozano Junior v. The State of Texas
Justice Jewell 14-17-00210-CV Vernon Kent Maree and Front Row Parking Inc. v. Baldemar (Val) Zuniga
Justice Jewell 14-17-00216-CV In the Matter of the Marriage of Diana Erika Lopez and Jovany Jampher Paredes v.
Justice Jewell 14-17-00267-CR Jesus Gabriel Zamarripa v. The State of Texas
Justice Jewell 14-17-00297-CR Shirley Fanuiel v. The State of Texas
Justice Jewell 14-17-00303-CR Bene A. Taylor v. The State of Texas
Justice Jewell 14-17-00315-CR John Anthony Vela v. The State of Texas
Justice Jewell 14-17-00324-CV Jesse Andrew Lopez v. Shari Grace Occhiogrosso
Justice Jewell 14-17-00408-CR Humberto Ruiz v. The State of Texas
Justice Jewell 14-17-00411-CR Robert DeWayne Bolden v. The State of Texas
Justice Jewell 14-17-00444-CV In the Matter of the Marriage of Mari Lou Garcia and Rene Garcia v.
Justice Jewell 14-17-00450-CV Fidelis Johnson Badaiki v. Bryan Miller DBA Classic Towing, Pine Forest Park Place, American Eagle Auto Storage

Justice Jewell 14-17-00480-CV Dealer Computer Services, Inc. v. DCT Hollister Rd, LLC Staples, Inc., Northwest Crossing Association, Inc., First Service Residential Houston. Inc., Keith Grothaus, Victoria Brown and Jared Hothan
Justice Jewell 14-17-00580-CR Charles Robert Ransier v. The State of Texas
Justice Jewell 14-17-00581-CR Charles Robert Ransier v. The State of Texas
Justice Jewell 14-17-00588-CR Theresa Serrano v. The State of Texas
Justice Jewell 14-17-00590-CR Miguel Angel Yepez v. The State of Texas
Justice Jewell 14-17-00609-CV Scarlett Yarborough v. Vitrola Bar, Inc., Pete Mitchell, and Vera Mitchell
Justice Jewell 14-17-00672-CV In the Matter of the Marriage of Jose Eugenio Rangel and Catalina Tovias Rangel v.
Justice Jewell 14-17-00687-CV John Kevin Munz and Unimaginable Ventures, LLC v. Craig Schreiber
Justice Jewell 14-17-00717-CV Polaris Guidance Systems, LLC v. EOG Resources, Inc.
Justice Jewell 14-17-00719-CR Steven Cortez v. The State of Texas
Justice Jewell 14-17-00733-CV Jay & VMK, Corp. and John Kelly v. Cristina Lopez and Humanitarian Financial, Inc.
Justice Jewell 14-17-00762-CR Diva Maria Babel v. The State of Texas
Justice Jewell 14-17-00768-CV Kevin P. Kaley v. Terri E. Kaley
Justice Jewell 14-17-00782-CV Jimmy Vitela v. Gallery Model Homes , Inc DBA Gallery Furniture
Justice Jewell 14-17-00835-CV Redmond Legal Group, PLLC, and Jerry Redmond, Jr., v. Carliss Chatman, and Mitra Woody
Justice Jewell 14-17-00837-CR Kole Keaton Batiste v. The State of Texas
Justice Jewell 14-17-00862-CV In the Interest of S.M.H and W.H.H., Minor Children v.
Justice Jewell 14-17-00877-CV Sergio A Gonzalez & Sherice Gonzalez v. Hunting Energy Services, Inc., Hunting Energy Services, Drilling Tools, Inc., Hunting Titan, Inc.
Justice Jewell 14-17-00893-CR Leslie Ray Foster v. The State of Texas
Justice Jewell 14-17-00900-CV Stanwyn Jay Carter v. ZB, National Association d/b/a Amegy Bank
Justice Jewell 14-17-00902-CR Douglas Harry Young v. The State of Texas
Justice Jewell 14-17-00916-CV Charles J. Germany Jr. v. Wells Fargo Bank, NA
Justice Jewell 14-17-00944-CV Viola Perfecto Clark v. Cornel T Clark
Justice Jewell 14-17-00981-CV Jerry Sanchez, Timothy Wiliams, and Jose Estrada v. James Daniel Boone
Justice Jewell 14-17-00989-CR Rodolfo Quintero v. The State of Texas
Justice Jewell 14-17-00990-CV PEM Offshore Incorporated and Philips Matthew v. Index Brook Limited
Justice Jewell 14-17-00992-CR Quentin Jehlonton Wallace v. The State of Texas
Justice Jewell 14-17-00998-CV Son Tran v. Vully V Trejos
Justice Jewell 14-18-00038-CV Texan Land & Cattle II, Ltd., v. Exxon Mobil Pipeline Company
Justice Jewell 14-18-00056-CR Jermel Irving v. The State of Texas
Justice Jewell 14-18-00065-CR Stephen Armstrong v. The State of Texas
Justice Jewell 14-18-00074-CR Zeth Aurelio Garcia v. The State of Texas
Justice Jewell 14-18-00098-CV Gordon M Swoboda v. Ocwen Loan Servicing, LLC; and U.S. Bank National Association, as Trustee
Justice Jewell 14-18-00107-CV Rosemary C Phelan, Et Al v. Good Buys USA INC.
Justice Jewell 14-18-00116-CR Miguel Martines v. The State of Texas
Justice Jewell 14-18-00146-CV Texas Southern University v. Satterfield & Pontikes Construction, Inc.; Kirksey Architects, Inc.; Paradigm Consultants, Inc.; Nathelyne Kennedy & Associates, L.P. f/k/a Nathelyne Kennedy & Associates L.P.; and Haynes Whaley Associates Inc. Structural Engineering
Justice Jewell 14-18-00182-CV Harris County v. Juana Avila Individually and as Next Fried of Karla Avila, A Minor and Karla Avila, Individually
Justice Jewell 14-18-00233-CR Antwain Townes III v. The State of Texas
Justice Jewell 14-18-00234-CR Antwain Townes III v. The State of Texas
Justice Jewell 14-18-00247-CV Houston Independent School District, Harris County Harris County Flood Control District, Port of Houston Authority, Harris County Hospital District, Harris County Department of Education, Houston Community College System and City of Houston v. submission (brie
Justice Jewell 14-18-00273-CR Devlon Deaquel Johnson v. The State of Texas
Justice Jewell 14-18-00314-CV The University of Texas Medical Branch at Galveston ("UTMB") v. Francis Durisseau, Individually and as Administrator of the Estate of Michael Durisseau, Deceased
Justice Jewell 14-18-00387-CR Stephen Andrew Linton v. The State of Texas
Justice Jewell 14-18-00394-CV In re the Commitment of K.S v.
Justice Jewell 14-18-00400-CV 7 Point Group, LLC and EP Distributors, Inc. v. Green Mountain Energy Company; Reliant Energy Retail Services, LLC; US Retailers, LLC (d/b/a Compassion Energy; Cirro Energy, and Pennywise Power) and Everything Energy LLC

Justice Poissant 14-17-00257-CV Richard D. Davis, L.L.P., a Texas General Partnership, Richard D. Davis, L.L.P, a Nevada Limited Liability Partnership and Patricia K. Suarez v. Andy Knott, Bill Green, Dempsey Gearen, Jim Phillips, Phil Birkelbach, Danny Langhorne, Hans van der Voort, Gene Morton, Stanley Hoffpauir and Paul Kates
Justice Poissant 14-17-00267-CR Jesus Gabriel Zamarripa v. The State of Texas
Justice Poissant 14-17-00271-CV ASR 2620-2630 Fountainview, LP, Fountainview Park Plaza, LLC, and ASRP Investments, LLC v. ASR 2620-2630 Fountainview GP, LLC, American Spectrum Operating Partnership LP, American Spectrum Realty, Inc., and American Spectrum Realty Management, LLC
Justice Poissant 14-17-00278-CV Bill Green, Hans Van Der Voort, Phil Birkelbach, and Paul Kates v. Richard D. Davis, L.L.P., a Nevada Limited Liability Partnership, Richard D. Davis, L.L.P., a Texas General Partnership, and Patricia K. Suarez
Justice Poissant 14-17-00281-CV Nguyen Vu Corporation ("NVC") v. PD & Sons, LLC d/b/a Rosa Pharmacy
Justice Poissant 14-17-00324-CV Jesse Andrew Lopez v. Shari Grace Occhiogrosso
Justice Poissant 14-17-00349-CR Joshuah Mack v. The State of Texas
Justice Poissant 14-17-00372-CV Richard D. Davis, LLP., a Texas General Partnership, Richard D. Davis, LLP, a Nevada Limited Liability Partnership and Patricia Suarez v. Sky Lakes Flyers Foundation and Carbett J. Duhon, III
Justice Poissant 14-17-00377-CR Terry Danell Ward v. The State of Texas
Justice Poissant 14-17-00379-CV Alejandro L. Padua and The Padua Law Firm, P.L.L.C v. Jason A. Gibson, P.C. d/b/a The Gibson Law Firm and Jason A. Gibson
Justice Poissant 14-17-00400-CR Happy Tran Pham v. The State of Texas
Justice Poissant 14-17-00460-CR Terrance Devaughn Edwards v. The State of Texas
Justice Poissant 14-17-00499-CR Darias Taron Lacour v. The State of Texas
Justice Poissant 14-17-00520-CV Fort Bend County v. Melissa Ann Norsworthy
Justice Poissant 14-17-00533-CV Houston Firefighters' Relief and Retirement Fund v. City of Houston, Sylvester Turner, Brenda Stardig, Jerry Davis, Ellen Cohen, Dwight Boykins, Dave Martin, Steve Le, Greg Travis, Karla Cisneros, Robert Gallegos, Mike Laster, Larry Green, Mike Knox, David Robinson, Michael Kubosh, Amanda Edwards and Jack Christie
Justice Poissant 14-17-00590-CR Miguel Angel Yepez v. The State of Texas
Justice Poissant 14-17-00609-CV Scarlett Yarborough v. Vitrola Bar, Inc., Pete Mitchell, and Vera Mitchell
Justice Poissant 14-17-00610-CR Jessie Earl Nicholson v. The State of Texas
Justice Poissant 14-17-00613-CR Alvaro Angel Rodriguez v. The State of Texas
Justice Poissant 14-17-00676-CV Sameera Arshad and Almorfa LLC v. American Express Bank FSB
Justice Poissant 14-17-00719-CR Steven Cortez v. The State of Texas
Justice Poissant 14-17-00739-CV Center Rose Partners, Ltd., Individually and derivatively as a member of Rose Acquisition LLC, David and Nicole Felt, and Lloyd Hall v. Jerry W. Bailey and David Sonnier
Justice Poissant 14-17-00754-CV Dawn Brown v. Prairie View A&M University and Ashley Robinson, in his Individual and Official Capacity
Justice Poissant 14-17-00761-CV Worldwide Autotainment, Inc. v. John Matthew Galloway
Justice Poissant 14-17-00762-CR Diva Maria Babel v. The State of Texas
Justice Poissant 14-17-00835-CV Redmond Legal Group, PLLC, and Jerry Redmond, Jr., v. Carliss Chatman, and Mitra Woody
Justice Poissant 14-17-00837-CR Kole Keaton Batiste v. The State of Texas
Justice Poissant 14-17-00850-CV Watamar Holdings SA v. Ashford Development, Inc. Ashford Willowbrook, Inc., et al.
Justice Poissant 14-17-00862-CV In the Interest of S.M.H and W.H.H., Minor Children v.
Justice Poissant 14-17-00877-CV Sergio A Gonzalez & Sherice Gonzalez v. Hunting Energy Services, Inc., Hunting Energy Services, Drilling Tools, Inc., Hunting Titan, Inc.
Justice Poissant 14-17-00883-CV Charles Lee Cunningham, III, and Karan Lozano v. Christi Lee Waymire, and Gary Michael Waymire, individually and as next friend of minor children MC and MC2
Justice Poissant 14-17-00900-CV Stanwyn Jay Carter v. ZB, National Association d/b/a Amegy Bank
Justice Poissant 14-17-00929-CV Alex Erazo v. Luis A Sanchez, Chief Medical Director for the Harris County Institute of Forensic Sciences; Kim Ogg (formally Devon Anderson), District Attorney for Harris County, Texas
Justice Poissant 14-17-00946-CV Mai Tran v. Thien Quang Dinh & Lieu Thi Nguyen
Justice Poissant 14-17-00990-CV PEM Offshore Incorporated and Philips Matthew v. Index Brook Limited
Justice Poissant 14-17-00991-CV Frank Zhang and Daxwell Group, LLC v. Capital Plastic & Bags, Inc.
Justice Poissant 14-18-00001-CV Carl Tolbert, Nizzera Kimball and Vivian Robbins v. Terisa Taylor, Mark Broome, Neal Broome, Connie Broome, Fiona McInally and Pathway Forensics, LLC
Justice Poissant 14-18-00055-CV Charles W. Cook, Levi Watson, Jessica Watson, Joe Blair Rowton, Jamie Louis Rowton, and Charles Townsend v. Ronen Nissimov, Natalia Nissimov, and Brian Blalock
Justice Poissant 14-18-00056-CR Jermel Irving v. The State of Texas
Justice Poissant 14-18-00061-CV Blaine M. Standiford and Sheryl E. Standiford v. Citimortgage, Inc.
Justice Poissant 14-18-00065-CR Stephen Armstrong v. The State of Texas
Justice Poissant 14-18-00082-CV Great West Casualty Company as Subrogee of Try Again Trucking and Gurjap Singh v. Jorge Billafuerte and Dwayne Washington
Justice Poissant 14-18-00097-CR Braylon Damon Cloud v. The State of Texas
Justice Poissant 14-18-00127-CV Continental Alloys & Services (Delaware) LLC and Continental Alloys & Services, Inc. v. Yangzhou Chengde Steel Pipe Co., Ltd. and Ciec USA Incorporation
Justice Poissant 14-18-00139-CV Dolly Ann Islas v. Daisy Sanchez Dominguez
Justice Poissant 14-18-00184-CV George E. Hilburn v. Storage Trust Properties, LP
Justice Poissant 14-18-00247-CV Houston Independent School District, Harris County Harris County Flood Control District, Port of Houston Authority, Harris County Hospital District, Harris County Department of Education, Houston Community College System and City of Houston v. submission (brie
Justice Poissant 14-18-00273-CR Devlon Deaquel Johnson v. The State of Texas
Justice Poissant 14-18-00387-CR Stephen Andrew Linton v. The State of Texas
Justice Poissant 14-18-00394-CV In re the Commitment of K.S v.
Justice Poissant 14-18-00400-CV 7 Point Group, LLC and EP Distributors, Inc. v. Green Mountain Energy Company; Reliant Energy Retail Services, LLC; US Retailers, LLC (d/b/a Compassion Energy; Cirro Energy, and Pennywise Power) and Everything Energy LLC
Justice Poissant 14-18-00568-CR Ex parte David Williams v.

Justice Spain 14-17-00210-CV Vernon Kent Maree and Front Row Parking Inc. v. Baldemar (Val) Zuniga
Justice Spain 14-17-00216-CV In the Matter of the Marriage of Diana Erika Lopez and Jovany Jampher Paredes v.
Justice Spain 14-17-00239-CR Kevin Wayne Sauls v. The State of Texas
Justice Spain 14-17-00297-CR Shirley Fanuiel v. The State of Texas
Justice Spain 14-17-00315-CR John Anthony Vela v. The State of Texas
Justice Spain 14-17-00349-CR Joshuah Mack v. The State of Texas
Justice Spain 14-17-00379-CV Alejandro L. Padua and The Padua Law Firm, P.L.L.C v. Jason A. Gibson, P.C. d/b/a The Gibson Law Firm and Jason A. Gibson
Justice Spain 14-17-00408-CR Humberto Ruiz v. The State of Texas
Justice Spain 14-17-00431-CV Joe Alfred Izen, Jr. and Ray Edwards and Bonnie Edwards d/b/a Big Man Diesel v. Kenneth Ryals, Trustee of the East Texas Investments Trust
Justice Spain 14-17-00444-CV In the Matter of the Marriage of Mari Lou Garcia and Rene Garcia v.
Justice Spain 14-17-00460-CR Terrance Devaughn Edwards v. The State of Texas
Justice Spain 14-17-00479-CV Aimee Harvey Individually and as Next Friend of Talisa Phillips, Amanda Harvey, Henry Wilson, III, as Next Friend of Aaleisa Phillips (a Minor) and Gwendolyn Wilson v. Kindred Healthcare Operating, Inc., Kindred Hospital Houston Medical Center, Kindred Hospitals Limited Partnership
Justice Spain 14-17-00480-CV Dealer Computer Services, Inc. v. DCT Hollister Rd, LLC Staples, Inc., Northwest Crossing Association, Inc., First Service Residential Houston. Inc., Keith Grothaus, Victoria Brown and Jared Hothan
Justice Spain 14-17-00499-CR Darias Taron Lacour v. The State of Texas
Justice Spain 14-17-00520-CV Fort Bend County v. Melissa Ann Norsworthy
Justice Spain 14-17-00533-CV Houston Firefighters' Relief and Retirement Fund v. City of Houston, Sylvester Turner, Brenda Stardig, Jerry Davis, Ellen Cohen, Dwight Boykins, Dave Martin, Steve Le, Greg Travis, Karla Cisneros, Robert Gallegos, Mike Laster, Larry Green, Mike Knox, David Robinson, Michael Kubosh, Amanda Edwards and Jack Christie
Justice Spain 14-17-00560-CR David Sherrod Wyles v. The State of Texas
Justice Spain 14-17-00572-CV Texas Department of Public Safety v. T. R. W.
Justice Spain 14-17-00580-CR Charles Robert Ransier v. The State of Texas
Justice Spain 14-17-00581-CR Charles Robert Ransier v. The State of Texas
Justice Spain 14-17-00606-CR Suzanne Elizabeth Wexler v. The State of Texas
Justice Spain 14-17-00610-CR Jessie Earl Nicholson v. The State of Texas
Justice Spain 14-17-00613-CR Alvaro Angel Rodriguez v. The State of Texas
Justice Spain 14-17-00621-CR Engwin Williams v. The State of Texas
Justice Spain 14-17-00666-CV Jack Zeev Yetiv v. Commission for Lawyer Discipline
Justice Spain 14-17-00674-CR Lemandale Dewayne Braggs a/k/a Lemandale Dewayne Braggs v. The State of Texas
Justice Spain 14-17-00676-CV Sameera Arshad and Almorfa LLC v. American Express Bank FSB
Justice Spain 14-17-00687-CV John Kevin Munz and Unimaginable Ventures, LLC v. Craig Schreiber
Justice Spain 14-17-00717-CV Polaris Guidance Systems, LLC v. EOG Resources, Inc.
Justice Spain 14-17-00737-CV Altech Controls Corporation and Richard Alsenz v. Paul Malone
Justice Spain 14-17-00739-CV Center Rose Partners, Ltd., Individually and derivatively as a member of Rose Acquisition LLC, David and Nicole Felt, and Lloyd Hall v. Jerry W. Bailey and David Sonnier
Justice Spain 14-17-00749-CR James Oliver Charles Junior v. The State of Texas
Justice Spain 14-17-00754-CV Dawn Brown v. Prairie View A&M University and Ashley Robinson, in his Individual and Official Capacity
Justice Spain 14-17-00770-CR Joseph Arthur Alridge v. The State of Texas
Justice Spain 14-17-00783-CV Robert Burton v. Wayman L. Prince, Nafisa Yaqoob, Independant Management and Investments, LLC, and The Leawood Homeowners Assoviation, Inc.
Justice Spain 14-17-00785-CR Zaid Adnan Najar v. The State of Texas
Justice Spain 14-17-00821-CR Maria Corona v. The State of Texas
Justice Spain 14-17-00822-CR Jimmy Derrick Hicks v. The State of Texas
Justice Spain 14-17-00850-CV Watamar Holdings SA v. Ashford Development, Inc. Ashford Willowbrook, Inc., et al.
Justice Spain 14-17-00864-CV Robert Burton v. Leawood HOA, Independant Management
Justice Spain 14-17-00870-CV Sonya Ashley v. North Houston Pole Line, L.P. and Joaquin Jimenez
Justice Spain 14-17-00883-CV Charles Lee Cunningham, III, and Karan Lozano v. Christi Lee Waymire, and Gary Michael Waymire, individually and as next friend of minor children MC and MC2
Justice Spain 14-17-00884-CR Nathaniel Davis v. The State of Texas
Justice Spain 14-17-00923-CR Justin Ross Holzworth v. The State of Texas
Justice Spain 14-17-00938-CV In the interest of D.Z, a minor child v.
Justice Spain 14-17-00953-CR Juan Javier Lagos v. The State of Texas
Justice Spain 14-17-00954-CV In the Interest of T.A.Q., a child v.
Justice Spain 14-17-00980-CR Daniel Arnold Waller v. The State of Texas
Justice Spain 14-17-00983-CR Elizabeth Jimenez v. The State of Texas
Justice Spain 14-17-01008-CV Rosa Escalona v. MC Charter LLC and Michael Chavez
Justice Spain 14-17-01010-CV Schear Hampton Drywall, LLC v. Founders Commercial, LTD
Justice Spain 14-18-00009-CR Steven Kurt Baughman v. The State of Texas
Justice Spain 14-18-00010-CR Steven Kurt Baughman v. The State of Texas
Justice Spain 14-18-00015-CV In the Interest of K.A.M.S & K.A.S, Children v.
Justice Spain 14-18-00018-CV Tendeka, Inc. v. Nine Energy Service, et al
Justice Spain 14-18-00020-CV Latia M Jones v. RGJ Apartments Inc. a/k/a RGJ Inc. a/k/a Victoria Park Apartments, a/k/a RGJ Apts Inc., a/k/a Victoria Park Apartment Home Inc.
Justice Spain 14-18-00021-CR Steven Kurt Baughman v. The State of Texas
Justice Spain 14-18-00045-CV Mark Anthony Fornesa, Judy Thanh Fornesa, Ricardo Fornesa Jr., and Cynthia Fornesa v. Fifth Third Mortgage Co. & Fifth Third Bank
Justice Spain 14-18-00057-CV Oscar Romero III v. D. R. Kidd Company, Inc. d/b/a Kidd Roofing
Justice Spain 14-18-00060-CV Christopher Durham v. Barbara Accardi and Jules Accardi
Justice Spain 14-18-00068-CV The City of Austin v. Lake Austin Collective, Inc.
Justice Spain 14-18-00072-CR Rudolph Hardin v. The State of Texas
Justice Spain 14-18-00078-CR Lisa Ann Barfield v. The State of Texas
Justice Spain 14-18-00080-CV The City of Houston v. Francisco Cruz
Justice Spain 14-18-00126-CV Jennifer Braden v. Hussain A. Rahim
Justice Spain 14-18-00150-CV Glenn Johnson v. William Villatoro
Justice Spain 14-18-00162-CR Vincent Depaul Stredic v. The State of Texas
Justice Spain 14-18-00222-CV In Re Ricardo Fornesa, Cynthia Fornesa, Judy Thanh Fornesa, and Mark Anthony Fornesa v.
Justice Spain 14-18-00237-CV Scott Van Dyke and ANGLO-DUTCH ENERGY, LLC v. Forest Hunter Smith, Littlemill Limited, Prosperity Settlement Funding, Inc., Robert M. Press, Anzar Settlement Funding Corp., Gerard Swonke and Greenberg Peden, P.C.
Justice Spain 14-18-00381-CR Kenton Fryer v. The State of Texas
Justice Spain 14-18-00420-CV Napoli, Bern, Ripka, Shkolnik & Associates, LLP; Napoli, Bern, Ripka, Shkolnik, LLP and Napoli Shkolnik, PLLC v. Stratos Legal Services, L.P.
Justice Spain 14-18-00429-CV Yew Yuen Chow, Jeffery Chow, and Keppel Amfels, L.L.C. f/k/a Amfels, Inc. v. Jose M. Rodriguez San Pedro
Justice Spain 14-18-00480-CV Sanjar Naderi, D.D.S. and Antoine Dental Center, LLC v. Kangasabapathy "Rikki" Ratnarajah

Justice Wise 14-17-00257-CV Richard D. Davis, L.L.P., a Texas General Partnership, Richard D. Davis, L.L.P, a Nevada Limited Liability Partnership and Patricia K. Suarez v. Andy Knott, Bill Green, Dempsey Gearen, Jim Phillips, Phil Birkelbach, Danny Langhorne, Hans van der Voort, Gene Morton, Stanley Hoffpauir and Paul Kates
Justice Wise 14-17-00267-CR Jesus Gabriel Zamarripa v. The State of Texas
Justice Wise 14-17-00278-CV Bill Green, Hans Van Der Voort, Phil Birkelbach, and Paul Kates v. Richard D. Davis, L.L.P., a Nevada Limited Liability Partnership, Richard D. Davis, L.L.P., a Texas General Partnership, and Patricia K. Suarez
Justice Wise 14-17-00303-CR Bene A. Taylor v. The State of Texas
Justice Wise 14-17-00324-CV Jesse Andrew Lopez v. Shari Grace Occhiogrosso
Justice Wise 14-17-00372-CV Richard D. Davis, LLP., a Texas General Partnership, Richard D. Davis, LLP, a Nevada Limited Liability Partnership and Patricia Suarez v. Sky Lakes Flyers Foundation and Carbett J. Duhon, III
Justice Wise 14-17-00377-CR Terry Danell Ward v. The State of Texas
Justice Wise 14-17-00411-CR Robert DeWayne Bolden v. The State of Texas
Justice Wise 14-17-00450-CV Fidelis Johnson Badaiki v. Bryan Miller DBA Classic Towing, Pine Forest Park Place, American Eagle Auto Storage
Justice Wise 14-17-00588-CR Theresa Serrano v. The State of Texas
Justice Wise 14-17-00590-CR Miguel Angel Yepez v. The State of Texas
Justice Wise 14-17-00606-CR Suzanne Elizabeth Wexler v. The State of Texas
Justice Wise 14-17-00609-CV Scarlett Yarborough v. Vitrola Bar, Inc., Pete Mitchell, and Vera Mitchell
Justice Wise 14-17-00621-CR Engwin Williams v. The State of Texas
Justice Wise 14-17-00666-CV Jack Zeev Yetiv v. Commission for Lawyer Discipline
Justice Wise 14-17-00672-CV In the Matter of the Marriage of Jose Eugenio Rangel and Catalina Tovias Rangel v.
Justice Wise 14-17-00719-CR Steven Cortez v. The State of Texas
Justice Wise 14-17-00761-CV Worldwide Autotainment, Inc. v. John Matthew Galloway
Justice Wise 14-17-00762-CR Diva Maria Babel v. The State of Texas
Justice Wise 14-17-00768-CV Kevin P. Kaley v. Terri E. Kaley
Justice Wise 14-17-00822-CR Jimmy Derrick Hicks v. The State of Texas
Justice Wise 14-17-00835-CV Redmond Legal Group, PLLC, and Jerry Redmond, Jr., v. Carliss Chatman, and Mitra Woody
Justice Wise 14-17-00837-CR Kole Keaton Batiste v. The State of Texas
Justice Wise 14-17-00862-CV In the Interest of S.M.H and W.H.H., Minor Children v.
Justice Wise 14-17-00870-CV Sonya Ashley v. North Houston Pole Line, L.P. and Joaquin Jimenez
Justice Wise 14-17-00877-CV Sergio A Gonzalez & Sherice Gonzalez v. Hunting Energy Services, Inc., Hunting Energy Services, Drilling Tools, Inc., Hunting Titan, Inc.
Justice Wise 14-17-00900-CV Stanwyn Jay Carter v. ZB, National Association d/b/a Amegy Bank
Justice Wise 14-17-00954-CV In the Interest of T.A.Q., a child v.
Justice Wise 14-17-00981-CV Jerry Sanchez, Timothy Wiliams, and Jose Estrada v. James Daniel Boone
Justice Wise 14-17-00990-CV PEM Offshore Incorporated and Philips Matthew v. Index Brook Limited
Justice Wise 14-17-01008-CV Rosa Escalona v. MC Charter LLC and Michael Chavez
Justice Wise 14-18-00009-CR Steven Kurt Baughman v. The State of Texas
Justice Wise 14-18-00010-CR Steven Kurt Baughman v. The State of Texas
Justice Wise 14-18-00015-CV In the Interest of K.A.M.S & K.A.S, Children v.
Justice Wise 14-18-00018-CV Tendeka, Inc. v. Nine Energy Service, et al
Justice Wise 14-18-00021-CR Steven Kurt Baughman v. The State of Texas
Justice Wise 14-18-00045-CV Mark Anthony Fornesa, Judy Thanh Fornesa, Ricardo Fornesa Jr., and Cynthia Fornesa v. Fifth Third Mortgage Co. & Fifth Third Bank
Justice Wise 14-18-00056-CR Jermel Irving v. The State of Texas
Justice Wise 14-18-00057-CV Oscar Romero III v. D. R. Kidd Company, Inc. d/b/a Kidd Roofing
Justice Wise 14-18-00060-CV Christopher Durham v. Barbara Accardi and Jules Accardi
Justice Wise 14-18-00065-CR Stephen Armstrong v. The State of Texas
Justice Wise 14-18-00072-CR Rudolph Hardin v. The State of Texas
Justice Wise 14-18-00078-CR Lisa Ann Barfield v. The State of Texas
Justice Wise 14-18-00126-CV Jennifer Braden v. Hussain A. Rahim
Justice Wise 14-18-00150-CV Glenn Johnson v. William Villatoro
Justice Wise 14-18-00162-CR Vincent Depaul Stredic v. The State of Texas
Justice Wise 14-18-00222-CV In Re Ricardo Fornesa, Cynthia Fornesa, Judy Thanh Fornesa, and Mark Anthony Fornesa v.
Justice Wise 14-18-00237-CV Scott Van Dyke and ANGLO-DUTCH ENERGY, LLC v. Forest Hunter Smith, Littlemill Limited, Prosperity Settlement Funding, Inc., Robert M. Press, Anzar Settlement Funding Corp., Gerard Swonke and Greenberg Peden, P.C.
Justice Wise 14-18-00247-CV Houston Independent School District, Harris County Harris County Flood Control District, Port of Houston Authority, Harris County Hospital District, Harris County Department of Education, Houston Community College System and City of Houston v. submission (brie
Justice Wise 14-18-00273-CR Devlon Deaquel Johnson v. The State of Texas
Justice Wise 14-18-00381-CR Kenton Fryer v. The State of Texas
Justice Wise 14-18-00387-CR Stephen Andrew Linton v. The State of Texas
Justice Wise 14-18-00394-CV In re the Commitment of K.S v.
Justice Wise 14-18-00400-CV 7 Point Group, LLC and EP Distributors, Inc. v. Green Mountain Energy Company; Reliant Energy Retail Services, LLC; US Retailers, LLC (d/b/a Compassion Energy; Cirro Energy, and Pennywise Power) and Everything Energy LLC
Justice Wise 14-18-00420-CV Napoli, Bern, Ripka, Shkolnik & Associates, LLP; Napoli, Bern, Ripka, Shkolnik, LLP and Napoli Shkolnik, PLLC v. Stratos Legal Services, L.P.
Justice Wise 14-18-00429-CV Yew Yuen Chow, Jeffery Chow, and Keppel Amfels, L.L.C. f/k/a Amfels, Inc. v. Jose M. Rodriguez San Pedro
Justice Wise 14-18-00480-CV Sanjar Naderi, D.D.S. and Antoine Dental Center, LLC v. Kangasabapathy "Rikki" Ratnarajah

Justice Zimmerer 14-16-00880-CV Transamerica Corporation v. Braes Woods Condo Association Inc.
Justice Zimmerer 14-16-00959-CR Robert Hocko v. The State of Texas
Justice Zimmerer 14-17-00088-CR Senthil Manalan v. The State of Texas
Justice Zimmerer 14-17-00216-CV In the Matter of the Marriage of Diana Erika Lopez and Jovany Jampher Paredes v.
Justice Zimmerer 14-17-00221-CV Tommy Layton Schmitt v. Petra Ulrike Schmitt
Justice Zimmerer 14-17-00259-CR Robert Ray Moore v. The State of Texas
Justice Zimmerer 14-17-00297-CR Shirley Fanuiel v. The State of Texas
Justice Zimmerer 14-17-00315-CR John Anthony Vela v. The State of Texas
Justice Zimmerer 14-17-00347-CV Ernestine Sophie Jimenez aka Ernestine Sierra Jimenez aka Ernestine Garcia aka Ernestine Jimenez Garcia aka Baker Lewis v. Rosemarie Z. Lewis
Justice Zimmerer 14-17-00408-CR Humberto Ruiz v. The State of Texas
Justice Zimmerer 14-17-00418-CR Kevin Devon Batts v. The State of Texas
Justice Zimmerer 14-17-00419-CR Jason Lara v. The State of Texas
Justice Zimmerer 14-17-00444-CV In the Matter of the Marriage of Mari Lou Garcia and Rene Garcia v.
Justice Zimmerer 14-17-00480-CV Dealer Computer Services, Inc. v. DCT Hollister Rd, LLC Staples, Inc., Northwest Crossing Association, Inc., First Service Residential Houston. Inc., Keith Grothaus, Victoria Brown and Jared Hothan
Justice Zimmerer 14-17-00512-CR Alberto Palacio v. The State of Texas
Justice Zimmerer 14-17-00536-CR Elbert Jones v. The State of Texas
Justice Zimmerer 14-17-00554-CR Ramon Delgado v. The State of Texas
Justice Zimmerer 14-17-00557-CV Maurice Sloan II v. Goldberg B'Nai B'rith Towers
Justice Zimmerer 14-17-00559-CR Leonard Farrell Willis v. The State of Texas
Justice Zimmerer 14-17-00562-CV B2 Towing Co., Inc. and Sharon Brooks, Individually and as Administratrix of the Estate of Ann C. Brooks, v. Dale A. Binger, Jr., Joseph Hunter, Bill Watkins, and Marsha Watkins
Justice Zimmerer 14-17-00580-CR Charles Robert Ransier v. The State of Texas
Justice Zimmerer 14-17-00581-CR Charles Robert Ransier v. The State of Texas
Justice Zimmerer 14-17-00604-CV In re the Commitment of Seth Hill v.
Justice Zimmerer 14-17-00606-CR Suzanne Elizabeth Wexler v. The State of Texas
Justice Zimmerer 14-17-00621-CR Engwin Williams v. The State of Texas
Justice Zimmerer 14-17-00622-CR Marvin Dayvon Brown v. The State of Texas
Justice Zimmerer 14-17-00623-CR Travis E Scott v. The State of Texas
Justice Zimmerer 14-17-00641-CR John Douglas Osby v. The State of Texas
Justice Zimmerer 14-17-00643-CR Omar Hernandez v. The State of Texas
Justice Zimmerer 14-17-00666-CV Jack Zeev Yetiv v. Commission for Lawyer Discipline
Justice Zimmerer 14-17-00687-CV John Kevin Munz and Unimaginable Ventures, LLC v. Craig Schreiber
Justice Zimmerer 14-17-00715-CV In the Interest of H.P.J., a Child v.
Justice Zimmerer 14-17-00717-CV Polaris Guidance Systems, LLC v. EOG Resources, Inc.
Justice Zimmerer 14-17-00718-CV Harris County, Texas v. Claudia Ramirez
Justice Zimmerer 14-17-00742-CV Gary Ginn v. Robert Pierce
Justice Zimmerer 14-17-00745-CR Jose Guadalupe Garcia Flores v. The State of Texas
Justice Zimmerer 14-17-00751-CV In the Interest of C.M., a Child v.
Justice Zimmerer 14-17-00766-CV F. Don Lacy and Homes and More v. Luis A. Castillo
Justice Zimmerer 14-17-00802-CR James Alsup Hill v. The State of Texas
Justice Zimmerer 14-17-00814-CV Natosha Abraham v. Victory Apartments
Justice Zimmerer 14-17-00822-CR Jimmy Derrick Hicks v. The State of Texas
Justice Zimmerer 14-17-00851-CV Stewart A. Feldman, Individually, The Feldman Law Firm LLP, Rapid Settlements, Ltd., et al. v. Joseph K. Watts, Angela M. Watts, and Joseph K. Watts P.C.
Justice Zimmerer 14-17-00853-CV Joseph K. Watts, Angela M. Watts, Joseph K. Watts, Alexandria Smith, Scott Edward Smith, and Vikas Jundra v. Stewart A. Feldman, Individually the Feldman Law Firm, LLP,et al.
Justice Zimmerer 14-17-00861-CV Joseph K. Watts v. Stewart A. Feldman, individually, The Feldman Law Firm LLP, Rapid Settlements, Ltd.,et al.
Justice Zimmerer 14-17-00870-CV Sonya Ashley v. North Houston Pole Line, L.P. and Joaquin Jimenez
Justice Zimmerer 14-17-00872-CV Edwin Rodriguez and Tonya Rodriguez v. Texas Leaguer Brewing Company L.L.C. and Nathan Rees
Justice Zimmerer 14-17-00904-CR Adrian Rashun Gaston v. The State of Texas
Justice Zimmerer 14-17-00922-CR Anthony Wayne Sykes v. The State of Texas
Justice Zimmerer 14-17-00954-CV In the Interest of T.A.Q., a child v.
Justice Zimmerer 14-17-01008-CV Rosa Escalona v. MC Charter LLC and Michael Chavez
Justice Zimmerer 14-18-00008-CR Christopher M. Pelletier v. The State of Texas
Justice Zimmerer 14-18-00009-CR Steven Kurt Baughman v. The State of Texas
Justice Zimmerer 14-18-00010-CR Steven Kurt Baughman v. The State of Texas
Justice Zimmerer 14-18-00015-CV In the Interest of K.A.M.S & K.A.S, Children v.
Justice Zimmerer 14-18-00017-CV Harris County Appraisal District v. Natalie Boyaki
Justice Zimmerer 14-18-00018-CV Tendeka, Inc. v. Nine Energy Service, et al
Justice Zimmerer 14-18-00021-CR Steven Kurt Baughman v. The State of Texas
Justice Zimmerer 14-18-00037-CR Shaun Evertte Craven v. The State of Texas
Justice Zimmerer 14-18-00045-CV Mark Anthony Fornesa, Judy Thanh Fornesa, Ricardo Fornesa Jr., and Cynthia Fornesa v. Fifth Third Mortgage Co. & Fifth Third Bank
Justice Zimmerer 14-18-00057-CV Oscar Romero III v. D. R. Kidd Company, Inc. d/b/a Kidd Roofing
Justice Zimmerer 14-18-00060-CV Christopher Durham v. Barbara Accardi and Jules Accardi
Justice Zimmerer 14-18-00067-CR Corey Cadrey Thomas v. The State of Texas
Justice Zimmerer 14-18-00072-CR Rudolph Hardin v. The State of Texas
Justice Zimmerer 14-18-00073-CR Dale Anthony Tatro, Jr. v. The State of Texas
Justice Zimmerer 14-18-00078-CR Lisa Ann Barfield v. The State of Texas
Justice Zimmerer 14-18-00106-CV Natalya Read v. Stephen Sibo
Justice Zimmerer 14-18-00126-CV Jennifer Braden v. Hussain A. Rahim
Justice Zimmerer 14-18-00133-CV AMEC Foster Wheeler USA Corp., f/k/a Foster Wheeler USA Corporation; AMEC Foster Wheeler PLC v. Enterprise Products Operating LLC
Justice Zimmerer 14-18-00150-CV Glenn Johnson v. William Villatoro
Justice Zimmerer 14-18-00162-CR Vincent Depaul Stredic v. The State of Texas
Justice Zimmerer 14-18-00202-CR Michael Andrew Marshall v. The State of Texas
Justice Zimmerer 14-18-00222-CV In Re Ricardo Fornesa, Cynthia Fornesa, Judy Thanh Fornesa, and Mark Anthony Fornesa v.
Justice Zimmerer 14-18-00237-CV Scott Van Dyke and ANGLO-DUTCH ENERGY, LLC v. Forest Hunter Smith, Littlemill Limited, Prosperity Settlement Funding, Inc., Robert M. Press, Anzar Settlement Funding Corp., Gerard Swonke and Greenberg Peden, P.C.
Justice Zimmerer 14-18-00381-CR Kenton Fryer v. The State of Texas
Justice Zimmerer 14-18-00420-CV Napoli, Bern, Ripka, Shkolnik & Associates, LLP; Napoli, Bern, Ripka, Shkolnik, LLP and Napoli Shkolnik, PLLC v. Stratos Legal Services, L.P.
Justice Zimmerer 14-18-00429-CV Yew Yuen Chow, Jeffery Chow, and Keppel Amfels, L.L.C. f/k/a Amfels, Inc. v. Jose M. Rodriguez San Pedro
Justice Zimmerer 14-18-00480-CV Sanjar Naderi, D.D.S. and Antoine Dental Center, LLC v. Kangasabapathy "Rikki" Ratnarajah