Sunday, October 26, 2008

TexApp-Houston July 2008 [14th Dist.]

Civil Cases decided by the Fourteenth Court of Appeals July 2008

Chapa v. Traciers & Assoc., Inc. (Tex.App.- Houston [14th Dist.] July 31, 2008)(Guzman)(repossessed car, kids inside, parents' claim rejected) State of Texas v. Clear Channel Outdoor (Tex.App.- Houston [14th Dist.] Muly 31, 2008)(Frost)(eminent domain, inverse condemnation, plea to the jurisdiction overruled)In Re Lawson (Tex.App.- Houston [14th Dist.] July 31, 2008)(Fowler)(arbitration mandamus granted)RePipe, Inc. v. Turpin (Tex.App.- Houston [14th Dist.] July 29, 2008)(Guzman)(employment law, written employment contract, remittiture suggested)Praise Tabernacle Outreach v. The Restoration Financial Group(Tex.App.- Houston [14th Dist.] July 29, 2008)(Guzman)(Church breach of contract, disqualification of counsel)The Kroger Co. v. Brown (Tex.App.- Houston [14th Dist.] July 24, 2008)(Seymore)(negligence, proportionate responsibility, damages award reduced)In Interest of SRB (Tex.App.- Houston [14th Dist.] July 24, 2008)(Seymore) (parentage, nonpaternity)Starr v. Dart (Tex.App.- Houston [14th Dist.] July 24, 2008)(Fowler)The City of Houston v. Petroleum Traders (Tex.App.- Houston [14th Dist.] July 24, 2008)(Boyce)(City of Houston litigation, immunity to contract claim waived by statute)In re Heide Ortuno (Tex.App.- Houston [14th Dist.] July 24, 2008)(Brown)(discovery mandamus denied, order of protection, privilege claim waived)Grimes County Bail Bond Bd. v. Ellen (Tex.App. - Houston [14th Dist.] July 22, 2008)(Boyce)(license suspension, revocation, reinstatement)Moutasse and Pacha v. Casey (Tex.App.- Houston [14th Dist.] July 22, 2008)(Frost) (HCLC, ILA) (In this interlocutory appeal, a gastroenterologist appeals the trial court's denial of his motion to dismiss health-care-liability claims for plaintiffs' failure to file an expert report in compliance with section 74.351 of the Texas Civil Practice and Remedies Code. The court affirms.)Trull v. Service Casualty Ins. Co. (Tex.App.- Houston [14th Dist.] July 22, 2008)(Brown)(auto-PI accident, negligence, negligent entrustment, accident with car being purchased)In re Kerry Beal (Tex.App.- Houston [1st Dist.] July 17, 2008) (per curiam) (untimely notice of appeal)Wellington Underwriting Agencies Limited v. The Houston Exploration Co. (Tex.App.- Houston [1st Dist.] July 17, 2008)(Hedges) (ILA interlocutory appeal certified, insurance coverage, oil production offshore)Green v. Alford (Tex.App.- Houston [14th Dist.] July 15, 2008)(Opinion on en banc rehearing by Guzman)(PI, fire truck collision, official immunity defense rejected, cases with dissents and/or concurrences)Concurring Opinion by Justice Frost Dissenting Opinion by Justice Hudson Bluebonnet Petroleum, Inc. v. Kolkhorst Petroleum (Tex.App.- Houston [14th Dist.] July 15, 2008)(Brown)(summary judgment)Public, Inc. v. County of Galveston (Tex.App.- Houston [14th Dist.] July 10, 2008)(Anderson)(taxing of non-profits)Ganim v. Cotton USA, LP (Tex.App.- Houston [14th Dist.] July 10, 2008)(Hedges) (quantum meruit)In the Interest of CJ (Tex.App.- Houston [14th Dist.] July 10, 2008)(Hedges)In the Interest of CMJ (Tex.App.- Houston [14th Dist.] July 10, 2008)(Hedges)(termination of parental rights)In Re Bruce R. Hotze (Tex.App.- Houston [14th Dist.] July 10, 2008)(per curiam)(election law, city proposition dispute)WMC Mortgage Corp., v. Adams (Tex.App.- Houston [14th Dist.] July 3, 2008)(Yates) (real estate transaction, equitable lien)Hofstatter v. General Interior Construction, Inc. (Tex.App.- Houston [14th Dist.] July 3, 2008)(Hedges)(cases with dissents and/or concurrences)(accelerated appeal, special appearance denied, personal jurisdiction, individual liability of corporate officer based on Texas Trust Fund Act )Dissenting Opinion by Justice Frost Duerr v. Brown et al (Tex.App.- Houston [14th Dist.] July 3, 2008)(Boyce)(legal malpractice, breach of fiduciary duty, BoFD, claim splitting, expert testimony to prove malpractice, failure to produce expert, continuance properly denied)City of Houston v. Petroleum Traders Corp. (Tex.App.- Houston [14th Dist.] July 3, 2008)(Boyce)(city's immunity claim, waived for breach of contract by statute, City of Houston litigation, Tooke progeny)In re Kevin J. Smith (Tex.App.- Houston [14th Dist.] July 3, 2008)(Frost)(SAPCR, mandamus petition to set aside grandparent access order denied, standing doctrine)O'Kane v. Coleman (Tex.App.- Houston [14th Dist.] July 1, 2008)(Fowler)(lease law, theft liability act claim, amendment of pleadings prior to hearing, tortious interference, defense of privilege,denial of motion for continuance, admissions exclusion of sj evidence)Verm v. HCAD (Tex.App.- Houston [14th Dist.] July 1, 2008)(Yates)(property tax appeal, no denial of due process)In the Estate of Gaines (Tex.App.- Houston [14th Dist.] July 1, 2008)(Anderson)(probate matter estate, disqualification of independent executor of estate proper, production of bank records, attorney's fee award to bank not supported by pleadings and void, turnover order, no jurisdiction over interlocutory rejection of claim)Marvin v. Fithian (Tex.App.- Houston [14th Dist.] July 1, 2008)(Seymore) (HCLC, interlocutory appeal, failure to provide proper post-operative care, doctor's motion to dismiss properly denied)

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