Saturday, December 20, 2008

Tex.App.- Houston Dec. 2008 - First Court of Appeals Decisions in Civil Cases

Appellate Opinions - Houston Court of Appeals (Tex. App. - Houston [1st Dist.] Dec. 2008)

Poland v. Ott (Tex.App.- Houston [1st Dist.] Dec. 19, 2008)(Taft)(substituted opinion, HCLC, motion to dismiss, timely service of expert report) Concurring Opinion by Justice Taft Dissenting Opinion by Justice Jennings Cook v. Missionary Village Apartments (Tex.App.- Houston [1st Dist.] Dec. 19, 2008)(Nuchia) (eviction appeal)

Beard v. Endeavor Natural Gas, LP (Tex.App.- Houston [1st Dist.] Dec. 19, 2008)(Bland)(oil and gas law, venue, royalties, declaratory judgment, attorney's fees)

In re John Cole (Tex.App.- Houston [1st Dist.] Dec. 19, 2008)(per curiam denial of mandamus, order on motion to compel)

Sinegaure v. Bally Total Fitness Corp,. (Tex.App.- Houston [1st Dist.] Dec. 18, 2008)(Taft)(liability for death, emergency medical service, gym, admission of evidence microfilmed contract)
Douglas v. Booker (Tex.App.-Houston [1st Dist.] Dec. 18, 2008)(Jennings)(interlocutory order denying summary judgment not immediately appealable)

TransAmerica Occidental Life Ins. Co. v. Rapid Settlements (Tex.App.- Houston [1st Dist.] Dec. 18, 2008)(Bland)(arbitration, no agreement to arbitrate, nonsignatories)

Cruz v. Houston General Ins. Co. (Tex.App.- Houston [1st Dist.] Dec. 18, 2008)(Keyes)(TWCC, SIB, supplemental benefits)

Grant v. Laughlin Environmental, Inc. (Tex.App.- Houston [1st Dist.] Dec. 18, 2008)(Jennings)(summary judgment evidence, conclusory affidavit, breach of contract, quantum meruit, fraud, negligent misrepresentation)

Kyung Lee v. Kwik Industries, Inc. (Tex.App.-Houston [1st Dist.] Dec. 18, 2008)(Jennings)(breach of contract, declaratory judgment, sj)

PPI Technology Services LP v. Onca Petroleum Development, Inc. (Tex.App.- Houston [1st Dist.] Dec. 11, 2008)(Nuchia) (segregation of attorney's fees, motion for new trial based on newly discovered evidence)

Guerrero v. Boyd (Tex.App.- Houston [1st Dist.] Dec. 11, 2008)(Nuchia)(pro se appeal deficient riefing, parties to the appeal, nonsuited party not appellees, ineffective assistance of counsel)

Lowry v. Liberty Lloyds of Texas Ins. Co. (Tex.App.- Houston [1st Dist.] Dec. 11, 2008)(Alcala)(Tex.App.- Houston [1st Dist.] Dec. 11, 2008)(Alcala)(appeal from summary judgment; one ground for sj not challenged)

In the Matter of AMM (Tex.App.- Houston [1st Dist.] Dec. 11, 2008)(Nuchia)(juvenile deliquency, drag racing death, habeas corpus)

Sullivan DDS v. UTHSC at Houston Dental Branch (Tex.App. - Houston [1st Dist.] Dec. 11, 2008)(Alcala)(Tex.App. - Houston [1st Dist.] Dec. 11, 2008)(Alcala)(governmental immunity, public employment, ADEA claim, no property interest)

James v. METRO (Tex.App.- Houston [1st Dist.] Dec. 11, 2008)(Bland)(untimely notice of
appeal, no appellate jurisdiction, appeal dismissed DWOJ)

In re OAG (Tex.App- Houston [1st Dist.] Dec 11, 2008)(Taft) Taft)(bill of review, prior factually false paternity adjudication upheld, parentage proceeding)

Douglas v. Douglas (Tex.App.- Houston [1st Dist.] Dec. 4, 2008)(Nuchia)(DWOP, reinstatement, findings of fact, pro se)

Hunt Construction Group, Inc. v. Konecny (Tex.App. - Houston [1st Dist.] Dec. 4, 2008)(Alcala)(workers comp, exclusive remedy defense, subcontractors, construction law)

CMA-CGM (America) Inc. v. Empire Truck Lines, Inc. (Tex.App. - Houston [1st Dist.] Dec. 4, 2008)(Alcala) (indemnity, choice of law, foreign state)

City of Houston v. Buttitta (Tex.App. - Houston [1st Dist.] Dec. 4, 2008)(Opinion on rehearing by Hanks)(UDJA, city's declaratory judgment action not jurisdictionally barred after all, appeal from civil service commission determination)

Span Enterprises v. Wood (Tex.App. - Houston [1st Dist.] Dec. 4, 2008)(Alcala) (no attorney-client relationship, fiduciary duty, aiding and abetting, due diligence, limitations, time-barred)

Kahng v. Verity (Tex.App.- Houston [1st Dist.] Dec. 4, 2008)(per curiam DWOP dismissal)

In re Robert Alpert (Tex.App. - Houston [1st Dist.] Dec. 4, 2008)(Bland)(recusal, void orders, administrative reassignment of case after recusal)

In re Klarman (Tex.App. - Houston [1st Dist.] Dec. 4, 2008)(per curiam denial)(mandamus re: order on a motion to show authority denied)

Tex. App.- Houston Nov. 2008 Decisions from the First Court of Appeals

November 2008 Houston Court of Appeals Decisions
(Tex. App.- Houston[1st Dist.] Nov. 2008)

SIMULIS LLC v. G.E. Electric Corp (Tex.App.- Houston [1st Dist.] Nov. 26, 2006)(Taft)(garnishment of payroll funds approved)

Nabelek v. City of Houston (Tex.App.-Houston [1st Dist.] Nov. 26, 2008)(Taft)Nabelek v. City of Houston (Tex.App.- Houston [1st Dist.] Nov. 26, 3008)(Taft)

French v. Gilbert (Tex.App.- Houston [1st Dist.] Nov. 26, 2008)(Taft) (malpractice, abatement vs. dismissal)

Liu v. DFPS (Tex.App.- Houston [1st Dist.] Nov. 26, 2008)(Wilson)Mooseviadeen v. Toote Tigard, (Tex.App.- Houston [1st Dist.] Nov. 20, 2008)(Nuchia)

City of Houston v. Southern Electrical Services (Tex.App.- Houston [1st Dist.] Nov. 20, 2008)(Bland)

In Re Rein Henderson, Deceased (Tex.App.- Houston [1st Dist.] Nov. 20, 2008)(Radack)Carter v. City of Galveston (Tex.App.- Houston [1st Dist.] Nov. 20, 2008)(Bland)

Garcia v. Harding (Tex.App.- Houston [1st Dist.] Nov. 20, 2008)(Jennings)

Donaho v. Bennet (Tex.App.- Houston [1st Dist.] Nov. 20, 2008)(Alcala)

Bio Landscape & Maintenance, Inc. v. Morse (Tex.App.- Houston [1st Dist.] Nov. 13, 2008)(Jennings)(appeal, partial record)

Delahoussaye v. Kana (Tex.App. - Houston [1st Dist.] Nov 13, 2008)(Alcala) (suit for return of real property, rescission of deed, gift)

A/K Service LLC v. HCAD (Tex.App.- Houston [1st Dist.] Nov. 13, 2008)(Hanks) (exclusion of evidence, no harm)

Lara-Robledo v. Salmons (Tex.App.- Houston [1st Dist.] Nov. 13, 2008)(Hanks) (naming defendant properly, dba, partnership, default judgment)

Safety National Casualty Corp. v. State of Texas (Tex.App.-Houston [1st Dist.] Nov. 7, 2008)(Nuchia)(forfeiture, supplemental opinion)

Chau v. Riddle, MD (Tex.App.- Houston [1st Dist.] Nov. 6, 2008)(Hanks) (opinion on remand)(HCLC, botched intubation of newborn)

Hilburn v. Providian Holdings, Inc. (Tex.App.- Houston [1st Dist.] Nov. 6, 2008)(Taft)(interpretation of easement agreement, untimely designation of expert witness) (UDJA, interpretation of easement agreement, untimely designation of expert witness, attorney's fees expert)

Stoker v. Stoker (Tex.App.- Houston [1st Dist.] Nov. 6, 2008)(Keyes)(divorce, property division, economic contribution claim)Hahn v. Love (Tex.App.- Houston [1st Dist.] Nov. 6, 2008)(Higley)(real estate law , judgment lien, cloud on title, constructive trust counterclaim, intervention, satisfaction of judgment)

Williams v. Jackson (Tex.App.- Houston [1st Dist.] Nov. 6, 2008)(opinion on rehearing by Radack)(attorney fee litigation, breach not excused, duress defense unsuccessful, justification defense fails)

In Interest of BHG (Tex.App.- Houston [1st Dist.] Nov. 6, 2008)(per curiam) (termination appeal)

Ross v. Nicon Construction, Inc. (Tex.App.- Houston [1st Dist.] Nov. 6, 2008)(interlocutory appeal, special appearance)

Cramer v. State Farm Mutual Auto Ins. Co. (Tex.App.- Houston [1st Dist.] Nov. 6, 2008)(Jennings)(denial of motion to transfer venue re determined de novo by county court on appeal)

Roxar Flow Management AS v. FLowsys (USA) Inc (Tex.App.- Houston [1st Dist.] Nov. 6, 2008)(per curiam)(DWOP, nonpayment of fees)

Sunday, October 26, 2008

Houston Appellate Court Races

2008 Judicial Elections: Contested Benches on the Houston Courts of Appeals - with links to candidates' web sites.

FIRST COURT OF APPEALS RACE

PLACE 3:
[No incumbent in general election due to Justice Nuchia's defeat in the Republican Primary]

Republican Ed Hubbard
vs.
Democrat Jim Sharp

PLACE 5:

Republican Incumbent Laura Carter Higley
vs
Democratic Challenger Leslie C. Taylor

FOURTEENTH COURT OF APPEALS RACES

Contested Re-election for Chief Justice:

PLACE 1:

Republican Incumbent Adele Hedges
vs.
Democratic Challenger Joe Beverly

Contested Re-election for Associate Justice

PLACE 7:

Republican Incumbent Kem Thompson Frost
vs.
Democratic Opponent Martin J. Siegel

Contests Over Unexpired Terms:

PLACE 4:

Republican Gubernatorial Appointee Jeff Brown
vs.
Democratic Candidate Bert Moser

PLACE 6:

Republican Gubernatorial Appointee Bill Boyce
vs.
Democratic Challenger Mary M. Markantonis

Terms: Houston judicial elections campaign contests, candidates, incumbents, challengers, partisan judicial races, election an reelection campaings, first and fourteenth court of appeals Texas.

Tex-App Houston [14th Dist.] Oct. 2008

October 2008 Decisions from the Fourteenth Court of Appeals in Houston - Civil Appeals with noteworthy opinions


RSM Production Corporation v. Vintage Petroleum, Inc. (Tex.App.- Houston [14th Dist.] Oct. 23, 2008) (Seymore) (contract formation, enforceability, effect of missing signature of third party)

The Travis Law Firm v. Woodson Wholesale (Tex.App.- Houston [14th Dist.] Oct. 21, 2008)(Frost)(attorney's fees litigation, small amount of damages recovered, excessive attorney fee demand denied)

Seureau v. Exxon Mobil Corp (Tex.App.- Houston [14th Dist.] Oct. 16, 2008)(Brown)(governmental immunity, sovereign immunity, summary judgment based on limitations,no waiver of immunity by conduct or by sue and be sued language under Tooke v. City of Mexia)

In Interest of SN, SMN, DAN (Tex.App.- Houston [14th Dist.] Oct 14, 2008)(Yates)(termination, constitutionality TFC § 263.405, statement of points for appeal 15 day deadline)

Allied Mortgage Capital Corp. v. Advantage Investors Mortgage Corp. (Tex.App.- Houston [14th Dist.] Oct. 14, 2008)(Yates)(termination for cause, lost record, attorneys fees)

RePipe, Inc. v. Turpin (Tex.App.- Houston [14th Dist.] Oct. 9, 2008)(Suppl. Op. by Guzman)(remittiture, punitive damages)

Bluebonnet Petroleum, Inc. v. Kolkhorst Petroleum (Tex.App.- Houston [14th Dist.] Oct. 9, 2008)(Substitute opinion by Brown) (SJ, admissible evidence,no theft of theft of trade secrets, breach a fiduciary duty, tortious interference)

Sloan v. Sloan (Tex.App.- Houston [14th Dist.] Oct. 9, 2008)(per curiam) (no appellate jurisdiction to review interlocutory order denying indigency status in the trial court)

In re Memorial Hermann Healthcare System (Tex.App.- Houston [14th Dist.] Oct. 9, 2008)(Hedges)(discovery mandamus denied, privilege, anti-trust litigation) Concurring Opinion by Justice Frost

Hines v. JPMorgan Chase Bank NA (Tex.App.- Houston [14th Dist.] Oct. 9, 2008)(per curiam)(lease law, appeal from commercial eviction possession order not authorized, DWOJ)

Approximately $30,400.00 v. State of Texas (Tex.App.- Houston [14th Dist.] Oct. 7, 2008)(per curiam)(civil forfeiture, sanctions reversed)

In re Dickens (Tex.App.- Houston [14th Dist.] Oct. 7, 2008)(per curiam)(order striking settlement agreement unsuccessfully challenged by mandamus)

October 2008 First Court Opinions in Civil Cases

DECISIONS IN CIVIL CASES ISSUED OCTOBER 2008 BY THE FIRST COURT OF APPEALS IN HOUSTON

Alpert v. Riley (Tex.App.- Houston [1st Dist.] Oct. 23, 2008)(Bland)
Alpert v. Riley (Tex.App.- Housotn [1st Dist.] Oct. 23, 2008)(Bland)

Gott v. Rice Consol. ISD (Tex.App.- Houston [1st Dist.] Oct. 23, 2008)(Taft)special exceptions, dismissal with prejudice)

Gellien v. Federal Home Loan Mortgage Corp (Tex.App.- Houston [1st Dist.] Oct. 23, 2008)(Radack)(foreclosure, eviction, forcible entry and detainer, FE&D, order of possession appeal)

Ford v. US Bank National Ass'n (Tex.App.- Houston [1st Dist.] Oct 23, 2008)(Keyes)

Schwartz v. Insurance Company of The State of Pennsylvania (Tex.App. Houston [1st Dist.] Oct 23, 2008)(Hanks)08)(Radack)

Terry, DDS v. Schiro, DDS (Tex.App.- Houston [1st Dist.] Oct 23, 2008)(Hanks)

Lim MD v. West (Tex.App.- Houston [1st Dist.] Oct. 23, 2008)(Nuchia)

Turner v. Precision Surgical, LLC (Tex.App.- Houston [1st Dist.] Oct. 17, 2008)(Taft)Runcie v. Spring Dialysis, Inc. (Tex.App.- Houston [1st Dist.] Oct. 16, 2008)(Higley)In re Branch (Tex.App.- Houston [1st Dist.] Oct. 15, 2008)(per curiam denial)In re David Edwards (Tex.App.- Houston [1st Dist.] Oct. 13, 2008)(per curiam denial)

Alpert v. Riley (Tex.App.- Houston [1st Dist.] Oct. 9, 2008)(Subst op. by Bland)(probate court, trust management dispute, attorney's fees, standing)

Alpert v. Riley (Tex.App.- Houston [1st Dist.] Oct. 9, 2008)(Bland)(Substituted opinion) (trust dispute, fees)

Berkefelt v. Jackson (Tex.App.- Houston [1st Dist.] Oct. 9, 2008)(Bland)(SAPCR default judgment set aside, defective service)

Maryland Casualty Co. v. American Home Assurance Co. (Tex.App.- Houston [1st Dist.] Oct. 9, 2008)(Jennings) (insurance law, indemnity, additional insured, conditions precedent, prejudice)

Bowie v. ASAP Motors (Tex.App.- Houston [1st Dist.] Oct. 9, 2008)(Bland)(pro se appeal, DWOP dismissal)

Williams v. Jackson (Tex.App.- Houston [1st Dist.] Oct. 9, 2008)(Radack)(attorney fee dispute, sworn account suit, no duress, no excuse to payment of attorney's fees per agreement)

Garcia v. Harding (Tex.App.- Houston [1st Dist.] Oct. 9, 2008)(Jennings)(SAPCR modification, appointment of father as primary JMC affirmed)

In re Texas Best Staff Leasing, Inc. (Tex.App.- Houston [1st Dist.] Oct. 9, 2008)(Alcala)(interlocutory appeal and petition for writ of mandamus, motion to compel arbitration)

Dissent by Keyes in Authorlee v. Tuboscope Vetco International, Inc. (Tex. App.- Houston [1st Dist.] Oct. 2, 2008)(Keyes)(would hold that their individual settlement agreements and the agreed judgment are void as against public policy and must be set aside. Therefore, I would reverse the case and remand to the trial court for a new trial)

Fite, MD v. Emtel, Inc. (Tex.App.- Houston [1st Dist.] Oct. 2, 2008)(op. on motion for rehearing by Hanks)(corporate receivership, bond)

In the Matter of BW, (Tex.App.- Houston [1st Dist.] Oct. 2, 2008)(op. on rehearing by Jennings)(juvenile law, prostitution)

In re David Henry (Tex.App.- Houston [1st Dist.] Oct. 2, 2008)(op. on rehearing by Hanks)(dominant jurisdiction, injunction, mandamus denied)

Henry v. McMichael (Tex.App.- Houston [1st Dist.] Oct. 2, 2008)(op. on rehearing by Hanks)(ILA, dominant jurisdiction, injunction appeal, ILA)Fairfax v. City of Houston Police Department (Tex.App.- Houston [1st Dist.] Oct. 2, 2008)(per curiam)

Bruns v. Top Design Inc. (Tex.App. - Houston [1st Dist.] Oct. 2, 2008)(temporary injunction order void, no bond)

Tex.App. - Houston [1st Dist] Sep 2008 Decisions in Civil Cases

First Court of Appeals Decisions Issued September 2008 in Civil Cases (Tex.App.- Houston [1st Dist.] Sep. 2008)

Farragut Financial, et al. v. Capital One Auto (Tex.App.- Houston [1st Dist.] Sep. 25, 2008)(Bland)(auto financing, no contract formation, no meeting of the minds on terms, missing essential terms)

Choice Auto Brokers, Inc. v. Dawson (Tex.App.- Houston [1st Dist.] Sep. 25, 2008)(Nuchia)(Internet sales of vehicles and personal jurisdiction, accelerated, interlocutory appeal challenging the trial court's order denying of special appearance; case dismissed for lack of personal jurisdiction)

Lopez v. DFPS (Tex.App.- Houston [1st Dist.] Sep. 25, 2008)(Higley)(termination of parental rights reversed, appointment of CPS as SMC affirmed)

Lushann International Energy Corp. v. Harris County (Tex.App.- Houston [1st Dist.] Sep. 11, 2008)(per curiam) (no jurisdiction over restricted appeal; motion for new trial in court below precludes restricted appeal)

State of Texas v. Clear Channel Outdoor (Tex.App.- Houston [1st Dist.] Sep. 11, 2008)(Bland)(inverse condemnation, state's plea to the jurisdiction overruled)

DFPS v. Dickensheets (Tex.App.- Houston [1st Dist.] Sep. 11, 2008)(Keyes)(CPS child protection SAPCR suit, constitutional challenge to deadline, separations of powers doctrine)

Luccia v. Ross (Tex.App.- Houston [1st Dist.] Sep. 4, 2008)(Alcala)(lease law, real estate sale purchase option for property, specific performance)

Harris County Municipal District No. 156 v. United Somerset Corp. (Tex.App.- Houston [1st Dist.] Sep. 4, 2008)(Alcala) (plea to the jurisdiction, immunity, appellate jurisdiction, ripeness doctrine, local government unit, suit dismissed for want of jurisdiction)

Bank of Texas, NA v. V R Electric (Tex.App.- Houston [1st Dist.] Sep, 4, 2008)(Alcala)(suit over payment of forged check, breach of contract claim sustained, amount of attorney's fees, proportionate responsibility allocation of liability)

Tex.App.- Houston [1st Dist.] Aug. 2008

AUGUST 2008 CIVIL CASE OPINIONS FROM THE FIRST COURT OF APPEALS IN HOUSTON (Tex.App.- Houston [1st Dist.] Aug. 2008)

In Re Noble And Slack Associates, Inc.(Tex.App.- Houston [1st Dist.] Aug. 29, 2008)(per curiam)(mandamus against arbitration order denied)Authorlee v. Tuboscope Vetco International, Inc. (Tex.App.- Houston [1st Dist.] Aug. 28, 2008)(Nuchia)(challenge to agreed judgment, fraud claim, aggregate settlement claim, public policy)Dissenting Opinion by Justice Keyes (would set aside settlement aside as against public policy) Hernandez v. Hernandez (Tex.App.- Houston [1st Dist.] Aug 28, 2008)(Higley)(OAG child support enforcement suit, NPT nunc pro tunc order void)Dissenting Opinion by Justice Keyes Speedemissions, Inc. v. Capital C Enterprises, Ltd (Tex.App.- Houston [1st Dist.] Aug 28, 2008)(Radack)(summary judgment, tortious interference with business relationship, breach of fiduciary duty)Nguyen v. Barahona (Tex.App.- Houston [1st Dist.] Aug. 28, 2008)(Jennings)(personal injury, damages, workplace injury safety)Monterosso v. Vance (Tex.App.- Houston [1st Dist.] Aug. 28, 2008)(Nuchia)(denial of special appearance affirmed)In re Hutson (Tex.App.- Houston [1st Dist.][ Aug. 27, 2008)(per curiam) (mandamus denied)In re Senior Living Properties, LLC (Tex.App.- Houston [1st Dist.] Aug. 25, 2008)(per curiam)(arbitration agreement illusory, lacking mutuality, enforcement denied)Richardson v. Custom Corporates, Inc. (Tex.App.- Houston [1st Dist.] Aug. 25, 2008)(per curiam) (appeal reinstated)Dyer v. Regions Bank (Tex.App.- Houston [1st Dist.] Aug. 22, 2008)(per curiam)Tennessee Gas Pipeline Co. v. Technip USA Corp. (Tex. App.- Houston [1st Dist.] Aug. 21, 2008)(Higley)(pipeline construction dispute, breach of contract and counterclaims, delay defective work damages)Randall's Food and Drugs, LP v. Patton (Tex.App.- Houston [1st Dist.] Aug 21,2008)(Radack)(lease law commercial, sublease, duty to mitigate damages, anticipatory repudiation)Burris and Wheelchair & Scooter Express, LLC v. Metro of Harris County (Tex.App.- Houston [1st Dist.] Aug. 14, 2008)(Keyes) (inverse condemnation case, taking, ingress easement, no material and substantial impairment of access to store) (court concludes, as a matter of law, that the impairment of access at issue in case does not rise to the level of material and substantial and therefore appellants' claims are not compensable.)Thompson v. Myrow (Tex.App.- Houston [1st Dist.] Aug 14, 2008)(Keyes)(probate case, finality of order, no interlocutory jurisdiction, DWOJ)Lakota Resources, Inc v. Pathex Petroleum, Inc. (Tex.App.- Houston [1st Dist.] Aug. 14, 2008)(Keyes)(post judgment garnishment proceeding, no interlocutory appeal permitted, DWOJ)Tran v. Poe (Tex.App. - Houston [1st Dist.] Aug. 14, 2008)(per curiam)(untimely notice of appeal)Garrett v. Harris County Hospital District (Tex.App.- Houston [1st Dist.] Aug. 14, 2008)(Bland)(TTCA, HCLC, discovery rule does not apply to notice requirement under Texas Tort Claims Act, no tolling)Benefield v. State of Texas (Tex.App.- Houston [1st Dist.] Aug. 14, 2008)(Bland)ODL Services, Inc. v. Conoco Phillips Co. (Tex.App.- Houston [1st Dist.] Aug. 14, 2008)(Taft)(arbitration, whether FAA applies, arbitrability, motion to stay arbitration, challenge to findings of fact)ODL Services, Inc. v. Conoco Phillips Co. (Tex.App.- Houston [1st Dist.] Aug. 14, 2008)(Taft)(arbitration mandamus denied) (see companion interlocutory appeal disposed of in same opinion)In re Stephanie Ann Bourg (Tex.App.- Houston [1st Dist.] Aug. 12, 2008)(Jennings)(criminal contempt of court, family court judge's capias order found void in its entirety, habeas corpus relief granted) In re Robert E. Duff (Tex.App.- Houston [1st Dist.] Aug. 7, 2008)(mandamus in family law case denied)


July 2008 Decisions First Court of Appeals Houston

CIVIL APPEALS FIRST COURT OF APPEALS HOUSTON OPINIONS ISSUED JULY 2008 (Tex.App.- Houston [1st Dist.] Jul. 2008)

Dace v. Dace (Tex.App.- Houston [1st Dist.] July 31, 2008)(Higley)(dispute over estate, no breach of contract, deed, undue influence, testamentary capacity)(evidence insufficient to support jury’s finding that Harry entered into a written agreement with his parents to purchase the business)

Texas Mutual Ins. Co. v. Ruttiger (Tex.App.- Houston [1st Dist.] July 31, 2008) (opinion on rehearing by Jennings)(worker's compensation insurance bad faith, code violation, DTPA, loss to credit reputation)

Barton v. Whataburger, Inc. (Tex.App.- Houston [1st Dist.] July 31, 2008) (Bland)(workplace safety, murder not forseeable, no employer liability)

In the Matter of BW (Tex. App.- Houston [1st Dist.] July 31, 2008)(Jennings)(juvenile case, prostitution)

Pouncy Pittman v. Pappas Restaurants (Tex.App.- Houston [1st Dist.] July 31, 2008)(Hanks)(shooting in front of restaurant, crime not forseeable, no liability, motion for continuance MFC, due diligence in seeking discovery, admission of evidence)

Tran v. Trinh (Tex.App.- Houston [1st Dist.] July 31, 2008)(Jennings)(claim of breach of partnership agreement, jury found no partnership agreement, effect of failure to file request for partial record, UDJA attorney's fees)

Kahng v. Verity (Tex.App.- Houston [1st Dist.] July 31, 2008)(Jennings)(auto PI, death, negligence, wrongful death, man running into freeway, no time to swerve, NE-SJ properly granted, failure to preserve error)

CenterPoint Energy Houston Electric LLC V Bluebonnet Drive, Ltd. (Tex.App.- Houston [1st Dist.] July 31, 2008) (Radack) (interpretation of easement, new cell phone technology vs. telephone and telegraph wires in 1929)

Jackson v. City of Texas City (Tex.App.- Houston [1st Dist.] July 24, 2008)
(Keyes)(public employment, collective bargaining agreement, discharge from fire department, dismissal, civil service commission) Dissenting Opinion by Justice Alcala

Messina v. Messina (Tex.App- Houston [1st Dist.] July 24, 2008)(Bland)(divorce post-judgment proceeding, undisclosed assets, MSA, sanctions, dismissal with prejudice following nonsuit)

Mares v. Blaine (Tex.App.- Houston [1st Dist.] July 24, 2008)(Hanks) (appeal from DWOP)

Healix Infusion Therapy, Inc. v. South Florida Infectious Diseases & Tropical Medicine Center, LLC(Tex.App.- Houston [1st Dist.] July 24, 2008)(Nuchia) (special appearance, foreign defendant, purposeful availment)

Wood v. Texas Chiropractic College (Tex.App.- Houston [1st Dist.] July 24, 2008) (Jennings)(suit by student against private educational institution, DTPA, misrepresentation, no reliance shown, NE-SJ)

Pessarra v. Seidler (Tex.App.- Houston [1st Dist.] July 17, 2008)(Keyes)(guardianship proceeding, attorney had no authority to file appeal)

American International Industries, Inc. v. Surgicare (Tex.App.- Houston [14th Dist.] July 17, 2008)(Keyes)(indemnification for attorney's fees, establishing reasonable and necessary amount of fees)

City of Houston v. Buttitta (Tex.App.- Houston [1st Dist.] July 17, 2008)(Hanks)(City of Houston litigation, public employment, firefighters and policemen, disciplinary action,plea to the jurisdiction against city proper, DJA not available here)

Yilmaz, MD v. McGregor (Tex.App.- Houston [1st Dist.] July 17, 2008)(Higley) (medical malpractice, motion to dismiss, interlocutory appeal, timeliness of service of citation and expert report, defendant not a party prior to being served)

Travelers Indemnity Co. v. Texas Municipal League (Tex.App.- Houston [1st Dist.] July 17, 2008)(Keyes)(arbitration disputes) (no express agreement to arbitrate, motion to compel arbitration denied)

The Kroger Co. v. Persley (Tex.App.- Houston [1st Dist.] July 10, 2008)(Hanks)(premises liability, slip and fall suit, negligent activity)

Ambulatory Infusion Therapy Specialists, Inc. v. North American Administrators, Inc. (Tex.App.- Houston [1st Dist.] Juy 10, 2008)(Keyes) (health care coverage law, breach of contract, ERISA preemption, sj based on limitations)

The University of Houston v. Barth (Tex.App. - Houston [1st Dist.] July 3, 2008) (Higley)(jury award in Whistleblower suit reversed, case remanded for retrial)Dissenting Opinion by Justice Alcala

Dadi v. Atlas Rehab Group, Inc. (Tex.App.- Houston [1st Dist.] July 3, 2008)(Alcala)

TransAmerica Occidental Life Insurance Company v. Rapid Settlements (Tex.App.- Houston [1st Dist.] July 3, 2008)(Bland) (confirmation of arbitration award against nonparty was error)

TransAmerica Occidental Life Insurance Company v. Rapid Settlements (Tex.App.- Houston [1st Dist.] July 3, 2008)(Bland) (restricted appeal, order confirming arbitration award)

Unifund CCR Partners v. Gellatly (Tex.App.- Houston [1st Dist.] July 3, 2008)(Nuchia)(credit card suit by assignee against consumer, deemed admissions, sufficiency of summary judgment proof, breach of contract and quantum meruit exclusive of each other)

Rinn v. Wennenweser (Tex.App.- Houston [1st Dist.] July 3, 2008)(Jennings)(real estate law, easement dispute, validity)

Goldberg v. Commission for Lawyer Discipline (Tex.App.- Houston [1st Dist.] July 3, 2008)(Taft)(attorney disciplinary matter, jurisdiction re: disbarment where criminal conviction was set aside) Concurring Opinion by Justice Jennings

Lakota Resources, Inc. v. Pathex Petroleum, Inc (Tex.App.- Houston [1st Dist.] July 3, 2008)(per curiam)(reversed without regard to merits based on settlement agreement)

In re Lamar (Tex.App.- Houston [1st Dist.] July 3, 2008)(per curiam denial, interlocutory appeal available, special appearance)

Dissenting Opinion by Keyes in In re Walker (Tex.App.- Houston 2008)(termination of parental rights, jurisdiction, dismissal)

September 2008 Civil Case Opinions


Fourteenth Civil Court of Appeals Case Table for September 2008 (noteworthy opinions only) (Tex.App.- Houston [14th Dist.] Sep. 2008)

Gonzalez v. In the Estate of Gonzalez (Tex.App. - Houston [14th Dist.] Sep. 30, 2008)(Yates)(recusal order void, signed by judge while motion to recuse was pending)

Reardon, MD v. Nelson (Tex.App.- Houston [14th Dist.] Sep. 30, 2008)(Brown)(interlocutory appeal from the trial court's denial of his motion to dismiss a medical malpractice lawsuit, sufficiency of expert reports)

Rava Square Homeowners Ass'n v. Swan (Tex.App.- Houston [14th Dist.] Sep. 30, 2008)(Boyce)(DWOP reversed, motion to reinstate, default judgment)

In re Peters (Tex.App.- Houston [14th Dist.] Sep. 30, 2008)(per curiam)(mandamus denied, no sworn record)

Trevino v. NVG North Village Green I Association, Inc. (Tex.App.- Houston [14th Dist.] Sep. 25, 2008)(Seymore) (premises liability, elevator malfunction)

In Re Hicks (Tex.App. - Houston [14th Dist.] Sep. 25, 2008)(Dissent on en banc motion by Frost)(discovery disputes, privilege)

Singleton v. The City of League City, TX (Tex.App.- Houston [14th Dist.] Sep. 25, 2008)(Yates)(TTCA, employee's motion to dismiss based on suit against governmental entity, mal prosecution claim)

In re Cephus (Tex.App.- Houston [14th Dist.] Sep. 23, 2008)(no mandamus jurisdiction re: ineffective assistance of counsel claim)

In re TCW Global Project Fund II, Ltd (Tex.App.- Houston [14th Dist.] Sep. 22, 2008)(mandamus denied re: denial of motion to dismiss based on a forum-selection clause)In re Strachan (Tex.App.- Houston [14th Dist.] Sep. 11, 2008)(per curiam)

McCloskey v. McCloskey (Tex.App.- Houston [14th Dist.] Sep. 9, 2008)(Hedges)(attorney's fees incurred in SAPCR litigation not child support, child support, scope of remand) Opinion by Chief Justice Adele Hedges

In Interest of DCM, LGM (Tex.App.- Houston [14th Dist.] Sep. 9, 2008)(Hedges)(SAPCR modification, mischaracterization of attorney's fees as child support corrected)