Sunday, October 26, 2008

August 2008 Decisions from the 14th Court of Appeals

Opinions in Civil Appeals released by the Fourteenth Court of Appeals in August 2008 (Tex.App.- Houston [14th Dist.] Aug. 2008)

Buggelli v. Feltis (Tex.App. - Houston [14th Dist.] Aug. 28, 2008)(Guzman)(DTPA, challenge to judgment on settlement agreement, waiver of error)Barajas v. Harvest Credit Management VI-B, LLC (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Guzman)(credit card debt suit, summary judgment for debt collector reversed, contract terms not proven)Ardoin v. Anheuser-Busch (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Guzman)(workplace accident death, no gross negligence found)Heckel v. Allen Samuels Chevrolet and GE (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Guzman)(product liability claim time-barred, warranty claim remanded)Grace Memorial Baptist Church v. Harris County (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Guzman) (property tax exemption claim not viable in tax suit, tax protest statute exclusive remedy)In Interest of CMC, CEC, GLC (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Brown) (termination of parental rights of alleged father reversed)In re Browning-Ferris Industries, Inc. (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Hedges)(discovery mandamus denied, motion to compel)Whitmire v. Lilly (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Boyce)(nunc pro tunc, NPT, void order vacated, plenary jurisdiction)Browning-Ferris Industries, Inc. v. United States Fire Ins. Co. (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Hedges) (sealing order)Lomax v. Thomas (Tex.App.- Houston [14th Dist.] Aug 28, 2008)(per curiam)DISMISSED: Per Curiam (DWOJ, interlocutory appeal not authorized)In re H & R Block Financial Advisors, Inc. (Tex.App.- Houston [1st Dist.] Aug. 28, 2008)(Guzman) (arbitration mandamus, waiver argument)In Interest of RS (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(per curiam)(interlocutory appeal of temporary order in SAPCR termination suit not authorized, DWOJ)In re Sedeno-Suarez (Tex.App.- Houston [14th Dist.] Aug.. 28, 2008)(per curiam) (parallel civil and criminal proceedings, discovery limitations, order of protection, invocation of fifth amendment privilege)Sonic Systems Int., Inc. v. Croix (Tex.App.- Houston [14th Dist.] Aug. 27, 2008)(Seymore)(insurance law, workers comp claim denial)Metro v. Harris County (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Fowler)(workers comp subrogation)Texas Mutual Ins. Co. v. Morris (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Fowler)(insurance code violation damages affirmed, loss of credit reputation damages deleted)Transcontinental Ins. Co. v. Crump (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Anderson)(worker's compensation death benefits judicial review proceeding, attorneys fees)In the Interest of D.A.P. (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Seymore)(child support, OAG suit UCCJEA, modification, order on SAPCR counterclaim reversed,no jurisdiction over out-of-state parent due to failure to serve with citation UCCJEA)Salymeh v. Plaza Centro, LLC (Tex. App.- Houston [1st Dist.] Aug. 26, 2008)(Seymore)(lease law, landlord-tenant, forcible detainer, right of possession, lost rents not proven)West v. Triple B Services, LLP (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Fowler)(construction law, BoC, surety liability limited to face amount of bond)GP II Energy, Inc. v. Chamberlain, Hrdlicka, White, WIlliams & Martin (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Frost)(fraud, breach of fiduciary duty, escrow agent, non-disclosure)Thompson v. Peak (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Fowler)Dissenting Opinion by Justice Frost Anglo-Dutch Petroleum International, Inc. v. Greenberg Peden, PC (Tex.App.- Houston [1st Dist.] Aug 26, 2008)(Boyce) (attorney-client fee dispute, contingency fee agreement)Salaymeh v. Plaza Centro, LLC (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Seymore)(lease law, damages for unpaid rent reversed for lack of sufficient proof, consolidated appeals in two forcible detainer suits)SWBT v. Harris County (Tex.App. - Houston [1st Dist.] Aug. 26, 2008)(Yates)(inverse condemnation claim, utility easement, compensable taking, jurisdiction of Harris County county courts, plea to the jurisdiction reversed)Mayo v. Suemaur Exploration & Production LLC (Tex.App.- Houston [1st Dist.] Aug 26, 2008)(Anderson)(auto collision with cattle, summary judgment affirmed, evidence not authenticated, pro se litigants)Concurring Opinion by Justice Brown McElroy v. Unifund CCR Partners (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Boyce)(judgment in credit card debt suit affirmed, contract, quantum meruit, attorney's fees, business records affidavit)In re Anthony Santos (Tex.App.- Houston [14th Dist.] Aug. 26, 2008)(per curiam)(signing of final order moots mandamus pertaining to temporary SAPCR orders)In re Banargent (Tex.App.- Houston [14th Dist.] Aug 26, 2008)(per curiam)(inadequate record)CA Partners v. Marshall Spears (Tex.App.- Houston [14th Dist.] Aug. 21, 2008)(Fowler)(debt collection, deed of trust, DTPA, DJA, attorneys fees reversed and remanded) CHCA Mainland, LP v. Dickie (Tex.App.- Houston [14th Dist.] Aug. 21, 2008)(Fowler) (HCLC, expert not qualified; case remanded for possible grant of extension to file proper report)In Re Seizure of Gambling Proceeds (Tex.App.- Houston [14th Dist.] Aug. 19, 2008)(Fowler) (search warrant not required for the State to initiate a forfeiture proceeding under Article 18.18(b) when officers enter a gaming establishment with the owner's consent and there is probable cause for seizure of the property)The Appraisal Review Board of HCAD v. O'Connor & Associates (Tex.App.- Houston [14th Dist.] Aug. 19, 2008)(Yates) (property tax appeal, failure to exhaust their administrative remedies before filing suit requires jurisdictional dismissal)In Re Kenefick (Tex.App.- Houston [14th Dist.] Aug. 19, 2008)(Seymore)(mandamus in family court case, clarification order declared void, motion to compel)Concurring Opinion by Justice Frost in In Re Kenefick (re: clarification order)In Re OAG of Texas (Tex.App.- Houston [14th Dist.] Aug. 19, 2008)(Brown)(bill of review, child support)(petition for mandamus challenging order lifting child support judgment and lien denied)Pirate's Lake Ltd. v. Vestin Realty Mortgage I, Inc., No. 14-08-00085-CV (Tex.App.- Houston [14th Dist.] Aug. 12, 2008)(appointment of receiver challenged, but foreclosure of property at issue moots case)(foreclosure case law, mootness doctrine)Clear Lake City Water Authority v. Kirby Lake Development (Tex.App.- Houston [14th Dist.] Aug. 7, 2008) (Hedges) (local governmental entity, no breach of contract in connection with voter rejection in bond election, governmental immunity claim rejected, statutory waiver applies)In re Sterling Chemicals, Inc. (Tex.App.- Houston [14th Dist.] Aug. 7, 2008)(Hedges)(forum selection clauses ambiguous due to inconsistency in documents, not enforced by trial court, appeals court denies mandamus)

1 comment:

Anonymous said...

David George Rosenberg, Unifund CCR Partners LLC founder, chairman and chief executive officer
2349 Grandin Road (at the corner of Corbin)
Cincinnati, Ohio
House is across the street from the Cincinnati Country Club 12th tee.
The three-story stucco house has 16 rooms (six bedrooms and nine bathrooms). The house sits on 3.87 acres and has two guest apartments, a pool, a pool house and what is described as a “rose garden non pareil.” There is garage space for six cars. Check it out on Google Earth.
Born: 1965 - Izmir Turkey
Lives with Richard Shenk (513) 871-0043 & Betty Ann Shenk (513) 321-0010
All three are heavily involved with the Jewish Federation of Cincinnati: They have summer parties for teens at the house.
Associates: Douglas A. Mallon, Jeffery W. Adams, Jeffery L. Jensen & Jon Alan Bader.
Owns a Challenger 604 Private jet.
If anybody has any more information about this guy, put it on an (anti)Unifund blog.