March 2009 Fourteenth Court of Appeals Decisions

March 2009 Opinions in Civil Appeals [14th Dist.] Houston

Wilkins v. McManemy, MD (Tex.App.- Houston [14th Dist.] Mar. 31, 2009)(Brown)(HCLC, governmental defendant, dismissal of governmental employee, TTCA, plea to the jurisdiction) AFFIRMED: Opinion by Justice Brown Before Justices Frost, Brown and Boyce14-06-00876-CV Jessica Wilkins, Individually and as Personal Representative of the Estate of Sha'nya Harris v. Julie Kathryn McManemy, M.D. and Jalil Thurber, M.D.,Appeal from 151st District Court of Harris CountyTrial Court Judge: Bill Burke

Hernandez v. Brinker International, Inc. (Tex.App.- Houston [14th Dist.] Mar. 31, 2009)(Brown)(premises liability, actual knowledge of dangerous condition, contractor)REVERSED AND REMANDED: Opinion by Justice Brown Before Justices Brock Yates, Anderson and Brown 14-07-00341-CV David Hernandez v. Brinker International, Inc.,Appeal from 333rd District Court of Harris CountyTrial Court Judge: Joseph J. HalbachConcurring Opinion by Justice Anderson
Dissenting Opinion by Justice Brock Yates

Rowan Companies, Inc. v. Wilington Trust Co. (Tex.App.- Houston [14th Dist.] Mar. 31, 2009) (Guzman)(commercial contract dispute, appraisal value)REVERSED AND REMANDED: Opinion by Justice Guzman Before Justices Frost, Seymore and Guzman14-07-00465-CV ROWAN COMPANIES, INC. v. WILMINGTON TRUST COMPANY, Not in Its Individual Capacity but Solely as Owner Trustee of the Rowan-Halifax Jack-Up Rig, TEXTRON FINANCIAL CORPORATION, NORTH SEA INVESTMENTS, INC., and NORTH SEA (CONNECTICUT LPAppeal from 215th District Court of Harris CountyTrial Court Judge: Levi James BentonDissenting Opinion by Justice Frost

Afri-Carib Enterprised, Inc. v. Mabon Limited. (Tex.App.- Houston [14th Dist.] Mar. 31, 2009)(Yates)(default judgment, bill of review, no proper notice of trial setting, suspended attorney)REVERSED AND REMANDED: Opinion by Justice Brock Yates Before Justices Brock Yates, Seymore and Boyce 14-07-00650-CV Afri-Carib Enterprises, Inc. v. Mabon LimitedAppeal from 165th District Court of Harris County Trial Court Judge: John Thomas Wooldridge

Cameron International Corp. v. Vetco Cray, Inc. (Tex.App.- Houston [14th Dist.] Mar. 31, 2009)(Anderson)(contract interpretation, confirmation of an arbitrator’s award, unambiguous contract)AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Hudson and Seymore 14-07-00656-CV Cameron International Corporation f/k/a Cooper Cameron Corporation v. Vetco Gray Inc.Appeal from 129th District Court of Harris County Trial Court Judge: Samuel Grant Dorfman

The City of Houston v. Williams (Tex.App.- Houston [14th Dist.] Mar. 31, 2009)(Seymore)(governmental entity immunity, plea to the jurisdiction)AFFIRMED: Opinion by Justice Seymore Before Justices Brock Yates, Seymore and Boyce14-08-00059-CV The City of Houston v. Steve Williams, Et AlAppeal from 80th District Court of Harris CountyTrial Court Judge: Llynn Bradshaw-Hull

Newby v. Chambers (Tex.App.- Houston [14th Dist.] Mar. 31 2009)(Guzman) (inmate litigation, pro se suit, vexatious litigant) AFFIRMED: Opinion by Justice Guzman Before Justices Brock Yates, Guzman and Boyce 14-08-00338-CV Rob L. Newby v. Sam Chambers, J. Cunningham, G. Currie, M. Roesler, Shannon Kersh, Vickie Barrow, and The State of TexasAppeal from 1A District Court of Tyler CountyTrial Court Judge: Judge Jerome Owens

Headington Oil Co. v. White (Tex.App.- Houston [14th Dist.] Mar. 26, 2009)(Brown)(unpaid royalties, prejudgment interest, expert witness fees, SoL)AFFIRMED IN PART/REVER.& REND.& REVER.&REM.: Opinion by Justice Brown Before Chief Justice Hedges, Justices Brown and Boyce 14-07-00050-CV HEADINGTON OIL COMPANY, L.P., ON IT'S OWN BEHALF AND AS SUCCESSOR-IN-INTEREST TO HEADINGTON CANADA CORP. AND HEADINGTON OIL COMPANY AND BRUCE GARYD/B/A GARY OIL AND GAS v. Modesto White, Jr. & Richard N. Evans Appeal from 344th District Court of Chambers CountyTrial Court Judge: CARROLL E. WILBORN

Borrell v. Vital Weight Control, Inc. (Tex.App.- Houston [14th Dist.] Mar. 26, 2009)(Frost)(no quantum meruit claim where express contract covers claim)AFFIRMED: Opinion by Justice Frost Before Justices Frost, Seymore and Guzman 14-07-00390-CV Leo Borrell v. Vital Weight Control, Inc., d/b/a Neweigh Appeal from 129th District Court of Harris CountyTrial Court Judge: Samuel Grant Dorfman

Douglas v. Adamo (Tex.App.- Houston [14th Dist.] Mar. 26, 2009)(per curiam) (legal malpractice, bill of review)AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00406-CV Ralph O. Douglas v. Samuel D. Adamo Appeal from 269th District Court of Harris CountyNo trial court judge shown on docket

City of Houston v. Estrada (Tex.App.- Houston [14th Dist.] Mar. 26, 2009)(Boyce)(Public Information Act, open records act, plea to the jurisdiction, governmental entities law) AFFIRMED: Opinion by Justice Bill Boyce Before Justices Frost, Brown and Boyce 14-08-00900-CV The City of Houston v. Larry Edgar Estrada and Mayer Brown, L.L.P., f/k/a MayerBrown, Rowe & Maw, L.L.P. Appeal from 129th District Court of Harris CountyTrial Court Judge: Samuel Grant Dorfman

American Housing Foundation v. HCAD (Tex.App.- Houston [14th Dist.] Mar. 19, 2009)(Frost) (charitable organization property tax exemption dispute, statutory construction) AFFIRMED: Opinion by Justice Frost Before Justices Anderson, Hudson and Frost)14-07-00990-CV American Housing Foundation and Brandywood Housing, LTD v. Harris County Appraisal District Appeal from 190th District Court of Harris CountyTrial Court Judge: Jennifer Elrod Walker

Feng v. Sabic Americas, Inc. (Tex.App.- Houston [14th Dist.] Mar. 17, 2009)(Frost) (employment law, retaliation claim, but-for causation, pretext) AFFIRMED: Opinion by Justice Frost Before Justices Anderson, Hudson and Frost 14-07-00699-CV Yiqing Feng v. Sabic Americas, Inc.Appeal from 61st District Court of Harris County

Ford v. Harbour (Tex.App.- Houston [14th Dist.] Mar. 17, 2009)(Anderson) (Family Code protective order) AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00832-CV Michael Alan Ford v. Selma Gay HarbourAppeal from 311th District Court of Harris County

Lee v. MD Lam, Inc. (Tex.App.- Houston [14th Dist.] Mar. 17, 2009)(Hedges)(sale of business) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Seymore14-07-01027-CV Jenette Diem Lee v. MD Lam, Inc.Appeal from 151st District Court of Harris County

Onwuteaka v. Commission for Lawyer Discipline (Tex. App. – Houston [14th Dist.] Mar. 12, 2009)(Hedges) (attorney disciplinary proceeding, grievance) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Guzman and Brown 14-07-00544-CV Joseph Onwuteaka v. Commission for Lawyer Discipline Appeal from 151st District Court of Harris County

Horizon Offshore Contractors, Inc. v. Aon Risk Services of Texas, Inc.(Tex. App. – Houston [14th Dist.] Mar. 12, 2009)(Frost) (breach of fiduciary duty,election of remedies, judicial estoppel) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Kem Frost Before Justices Frost, Seymore and Guzman14-07-00549-CV Horizon Offshore Contractors, Inc. and Horizon Vessels, Inc. v. Aon Risk Services of Texas, Inc.,Appeal from 55th District Court of Harris County Trial Court Judge: Justice Jeffrey V. Brown

Kennedy v. Andover Place Apartments (Tex. App. – Houston [14th Dist.] Mar. 12, 2009)(per curiam) DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Seymore14-08-00223-CV Kimberly Kennedy v. Andover Place Apartments Appeal from County Civil Court at Law No 3 of Harris County Trial Court Judge: Linda Storey

Brandt v. MBNA America, N.A. (Tex. App. – Houston [14th Dist.] Mar. 12, 2009)(per curiam dimissal) (trial court order compelling arbitration not appealable) DISMISSED: Per Curiam Before Justices Brock Yates, Guzman and Sullivan14-08-01172-CV L.T. Bradt and Joseph Rothstein v. MBNA America, N.A.Appeal from 240th District Court of Fort Bend County Trial Court Judge: THOMAS RALPH CULVER

Unifund CCR Partners v. Bade (Tex. App. – Houston [14th Dist.] Mar. 12, 2009)(dismissed on motion of appellant)DISMISSED: Per Curiam Before Justices Frost, Brown and Boyce14-09-00135-CV Unifund CCR Partners v. Matthew BadeAppeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: Jacqueline Lucci-Smith

In Re Andres Waibel (Tex.App.- Houston [14th Dist.] Mar. 12, 2009)(per curiam) MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Seymore14-09-00190-CV In Re Andres Waibel Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Roberta Anne Lloyd

Martin v. Anapurna Malleables Private Ltd. (Tex. App. – Houston [14th Dist.] Mar. 12, 2009)(per curiam) DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Seymore14-09-00205-CV Suvobrata "Steve" Saha and Richard Martin v. Anapurna Malleables Private Ltd., Vindhya Vasini Overseas Private Ltd. and Shree Lalita Greenland Private Ltd. Appeal from 133rd District Court of Harris County Trial Court Judge: Lamar McCorkle

In the Interest of SN, SMN, DAN (Tex. App. – Houston [14th Dist.] Mar. 5, 2009)(Yates) (termination) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Anderson and Brown14-07-00161-CV In the Interest of S.N., S.M.N., and D.A.N., ChildrenAppeal from 314th District Court of Harris County Trial Court Judge: John Phillips

In Re Murphy (Tex. App. – Houston [14th Dist.] Mar. 5, 2009)(Yates)(attorney disqualification order set aside by mandamus) MOTION OR WRIT GRANTED: Opinion by Justice Brock Yates Before Justices Brock Yates, Seymore and Boyce 14-08-01017-CV In Re Michelle E. Murphy Appeal from Probate Court of Galveston County Trial Court Judge: Gladys Burwell

Riley v. Crescent City Apartments (Tex. App. – Houston [14th Dist.] Mar. 5, 2009) (DISMISSED: Per Curiam Before Justices Frost, Brown and Boyce14-08-01137-CV Donna M. Riley v. Crescent City ApartmentsAppeal from County Civil Court at Law No 2 of Harris CountyTrial Court Judge: Jacqueline Lucci-Smith

Siddiqui v. Siddiqui (Tex. App. – Houston [14th Dist.] Mar. 3, 2009)(Hedges) (SAPCR divorce appeal, pro se litigants, intervention by attorney for fees, child support guideline deviation)(pro se family court appeal predictably fails, claim against attorney, attorney's fees) AFFIRMED: Opinion by Chief Justice Adele Hedges Before Chief Justice Hedges, Justices Anderson and Seymore14-07-00235-CV Zahoor Siddiqui v. Masoon Siddiqui and Queta VeraAppeal from 257th District Court of Harris County Trial Court Judge: Judy L. Warne

In Interest of KACO (Tex. App. – Houston [14th Dist.] Mar. 3, 2009)(Boyce) (SAPCR suit, default judgment Craddock test, motion to set aside default judgment, motion for new trial, sanctions, striking of pleadings, denial of jury trial)REVERSED AND REMANDED: Opinion by Justice Boyce 14-07-00311-CV In the Interest of K.A.C.O & J.C.C.OAppeal from 245th District Court of Harris CountyTrial Court Judge: Annette Kuntz (fka Galik)

Ramon v. Dow (Tex. App. – Houston [14th Dist.] Mar. 3, 2009)(Hedges)(pro se inmate prisoner suit, conversion claim, insufficient pleadings, dismissal for failure to state claim, cases involving universities) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Seymore14-07-01024-CV Steve Ramon v. David R. Dow and the University of Houston, Texas Innocence NetworkAppeal from 412th District Court of Brazoria County Trial Court Judge: W. Edwin Denman