May 2009 Cases Decided by Houston Fourteenth Court of Appeals

May 2009 Decisions with Links to Civil Case Opinions

Lazo v. Exxon Mobil Corp., No. 14-06-00644-CV (Tex. App. - Houston [1st Dist.] May 7, 2009)(Brown) (workers compensation act immunity, exclusive remedy defense, Entergy Gulf States, Inc. v. Summers Tex 2009 holding applied) AFFIRMED: Opinion by Justice Brown Before Justices Brock Yates, Brown and Boyce14-06-00644-CV Marcos A. Lazo v. Exxon Mobil Corporation Appeal from 113th District Court of Harris CountyTrial Court Judge: Patricia Hancock

Mallory v. Mallory and OAG, No. 14-06-01009-CV (Tex.App. - Houston [14th Dist.] May 7, 2009)(Brown) (post-answer default judgment reversed, insufficient notice) (default judgment in child support arrearage confirmation action was error) (motion for new trial after default judgment) REVERSED AND REMANDED: Opinion by Justice Brown Before Chief Justice Hedges, Justices Guzman and Brown 14-06-01009-CV Joel Mallory v. Sharon W. Mallory and The Office of the Attorney General of Texas--Appeal from 310th District Court of Harris County Trial Court Judge: Lisa A. Millard

Mai v. Farmers Texas County Mutual Ins. (Tex.App.- Houston [14th Dist.] May 7, 2009)(Hedges)(auto insurance coverage dispute, UIM coverage, uninsured motorist provision of the policy, which requires that there have been contact between the insured’s vehicle and the uninsured motorist’s vehicle) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Seymore14-07-00958-CV Y Ngoc Mai and Huong Mai-Nguyen v. Farmers Texas County Mutual Insurance Company Appeal from 127th District Court of Harris County Trial Court Judge: Sharolyn P. Wood

Gerdes v. Fogler (Tex.App. - Houston [14th Dist.] May 7, 2009)(Frost)(judgment debtor's civil lawsuit against the judgment creditor and the attorney who represented the judgment creditor for abuse of process, false imprisonment, and malicious prosecution) AFFIRMED: Opinion by Justice Kem Frost Before Justices Frost, Brown and Boyce 14-07-01020-CV Roger Gerdes v. Murray Fogler, Individually, McDade Fogler, LLP, and John Kennamer, Individually--Appeal from 333rd District Court of Harris County Trial Court Judge: Joseph J. (Tad) Halbach

Champion v. Great Dane LP, No. 14-08-00310-CV (Tex. App.-Houston [14th Dist.] May 7, 2009)(Frost) (product liability)(design defect, defective manufacturing) AFFIRMED: Opinion by Justice Frost Before Chief Justice Hedges, Justices Hudson and Frost 14-08-00310-CV Tommy Champion v. Great Dane Limited PartnershipAppeal from 189th District Court of Harris CountyTrial Court Judge: William R. Burke JR.

In Interest of JSG, No. 14-08-00754-CV (Tex.App.- Houston May 7, 2009)(Hedges)(termination of parental rights, best interest factors, natural parent preference, parental presumption) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00754-CV In the Interest of J.S.G., and J.A.GAppeal from 314th District Court of Harris County Trial Court Judge: John Phillips

In Re Small, No. 14-08-01075-CV (Tex.App.- Houston [14th Dist.] May 7, 2009)(Anderson)(civil contempt is void in violation of the bankruptcy stay) MOTION OR WRIT GRANTED: Opinion by Justice Anderson Before Justices Brock Yates, Anderson and Boyce 14-08-01075-CV In Re John W. Small Appeal from County Court at Law No 1 of Galveston County

In Re Lesikar, No. 14-09-00016-CV (Tex.App.- Houston [14th Dist.] May 7, 2009)(Guzman)(scope of remand, discovery mandamus denied)(right to jury trial vindicated by mandamus) (segregation of attorney's fees required, no fees for non-suited claims) (jury trial improperly denied) GRANTED IN PART AND DENIED IN PART: Opinion by Justice Guzman Before Justices Brock Yates, Guzman and Sullivan) 14-09-00016-CV In Re Woody K. Lesikar, as Trustee of the Woodrow V. Lesikar Family Trust, Trustee of the Wody K. Lesikar Special Trust, and Independent Executor of the Estate of Woodrow V. Lesikar Appeal from 149th District Court of Brazoria County

In re Frank, No. 14-09-00407-CV (Tex.App.- Houston [14th Dist.] May 7, 2009)(per curiam) (writ of prohibition denied) DISMISSED AS MOOT: Per Curiam Before Justices Seymore, Brown and Sullivan14-09-00407-CV In Re Linda Frank Appeal from County Court at Law #4 of Fort Bend County