Sunday, October 26, 2008

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)

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