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)