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)