June 2009 Houston Civil Appellate Opinions - Tex. App. [14th Dist.]

Released Opinions June 30, 2009

June 30, 2009 - Civil Causes Decided:

Lowe's Home Centers Inc. v. GSW Marketing, Inc. (Tex.App.- Houston [14th Dist.] Jun. 30, 2009 (op. by
Guzman) (workplace safety, premises liability-store - falling merchandise, negligent activity and premises
liability, premises defect, worker compensation subrogation) AFFIRMED: Opinion by Justice Eva
Guzman
Before Justices Brock Yates, Guzman and Sullivan
14-07-00953-CV Lowe's Home Centers Inc & Natasha Tanner v. GSW Marketing, Inc. f/k/a Salesmaker,
Inc. d/b/a CSA Services Southwest and Snow Mountain Construction, Inc
Appeal from 333rd District Court of Harris County
Trial Court Judge: JOSEPH J. HALBACH

Credigy Receivables, Inc v. Mahinay (Tex.App.- Houston [14th Dist.] Jun. 30, 2009 (op. by Guzman)
(county court had jurisdiction over suit to confirm arbitration award regardless of whether TAA or FAA
applied)(dismissal reversed)
REVERSED AND REMANDED: Opinion by Justice Guzman
Before Justices Brock Yates, Guzman and Sullivan
14-07-01091-CV Credigy Receivables, Inc v. Alexander R. Mahinay
Appeal from County Civil Court at Law No 1 of Harris County
Trial Court Judge: R. Jack Cagle

Zamarripa v. Zamarripa (Tex.App.- Houston [14th Dist.] Jun. 30, 2009 (op. by Boyce)
(divorce property law, dispute over characterization and division of retirement benefits, separate vs.
community property, presumption of community property not rebutted, QDRO)
AFFIRMED: Opinion by Justice Boyce
Before Justices Anderson, Guzman and Boyce
14-08-00083-CV Jimmy Zamarripa v. Syliva C. Zamarripa
Appeal from 387th District Court of Fort Bend County
Trial Court Judge: ROBERT J. KERN

New Opinions Released June 25, 2009

Civil Causes Decided:

Cunningham Lindsey Claims Management, Inc. v. Snyder (Tex.App. - Houston [14th Dist.] Jun. 25, 2009)(Guzman)Guzman)(workers compensation dispute, judicial review suits, exhaustion of administrative remedies)VACATED AND DISMISSED: Opinion by Justice Eva M. Guzman Before Justices Brock Yates, Guzman and Sullivan 14-07-00449-CV Cunningham Lindsey Claims Management, Inc., and Glenda Higgins v. Lloyd Snyder Appeal from 215th District Court of Harris CountyTrial Court Judge: LEVI JAMES BENTON

Christus Health v. Kone, Inc. (Tex.App.- Houston [14th Dist.] Jun. 25, 2009)(Brown)(fraud and fraud-in-the-inducement claims relating to a contract for elevator-maintenance services, one-satisfaction rule)AFFIRMED: Opinion by Justice BrownBefore Justices Anderson, Frost and Brown14-07-00786-CV Christus Health and Christus Health Gulf Coast v. Kone, IncAppeal from 127th District Court of Harris CountyTrial Court Judge: SHAROLYN P. WOOD

In Re CMD (Tex.App.- Houston [14th Dist.] Jun. 25, 2009)(Yates)(paternity, nonpaternity, adoption: constitutionality of paternity registry statute)Decision: TRIAL COURT REVERSED AND CASE AND REMANDED:Opinion by Justice Leslie Brock Yates Panel members: Before Chief Justice Hedges, Justices Brock Yates and Guzman 14-08-00113-CV In Re C.M.D. Appeal from 328th District Court of Fort Bend CountyTrial Court Judge: Ronald R. Pope

Sandhu v. Pinglia Investments of Texas, LLC (Tex.App.- Houston [14th Dist.] Jun. 25, 2009)(Seymore)(commercial real estate transaction: financing of purchase of shopping center, suit for breach of promissory note, summary judgment procedure, sufficiency of summary judgment response, affirmative defenses not properly asserted in response to Plaintiff's motion, proof of balance due and damages in note suit),Decision: TRIAL COURT'S SUMMARY JUDGMENT AFFIRMED: Opinion by Justice Charles Seymore Panel members: Chief Justice Hedges, Justices Anderson and Seymore 14-08-00184-CV Raghbir Sandhu v. Pinglia Investments of Texas, LLC and Sumer Pinglia Appeal from 164th District Court of Harris CountyTrial Court Judge: MARTHA HILL JAMISON

Red Rock Properties 2005, LTD v. Chase Home Finance, LLC (Tex.App.- Houston [14th Dist.] Jun. 25, 2009)(Hedges)(priority of competing liens on real property, attorney’s fees under the UDJA, preservation of error re: segregation of attorney's fees) Decision: TRIAL COURT'S JUDGMENT AFFIRMEDOpinion by Chief Justice Adele O. Hedges Panel members: Chief Justice Hedges, Justices Anderson and Seymore 14-08-00352-CV Red Rock Properties 2005, LTD v. Chase Home Finance, LLC Appeal from 189th District Court of Harris CountyTrial Court Judge: William R. Burke JR.

Foundation Design, Ltd. v. Barzoukas (Tex.App.- Houston [14th Dist.] Jun. 25, 2009)(Guzman)(mootness doctrine, motion to dismiss appeal) DISMISSED: Opinion by Justice Eva Guzman Panel members: Justices Anderson, Guzman and Boyce 14-08-00485-CV Foundation Design, Ltd. d/b/a Larry Smith Engineering and Larry Smith v. Nicolas Barzoukas Appeal from 269th District Court of Harris CountyTrial Court Judge: John Thomas Wooldridge

Labidi, MD v. Sydow (pdf)(Tex.App.- Houston [14th Dist.] Jun. 25, 2009)(Guzman)(consolidation of an interlocutory appeal and a petition for writ of mandamus, challenge to district court's order compelling arbitration and staying proceedings in the trial court)DISMISSED: Opinion by Justice Eva Guzman Panel members: Justices Guzman, Mirabal and Boyce 14-08-00527-CV Abdel Hakim Labidi, M.D. Ph.D. v. Michael D. Sydow, Et Al Appeal from 61st District Court of Harris County

In re Labidi, MD (htm) (Tex.App.- Houston [14th Dist.] Jun. 25, 2009)(Guzman)MOTION OR WRIT DENIED: Opinion by Justice Eva Guzman Panel members: Justices Guzman, Mirabal and Boyce 14-08-00757-CV In Re Abdel Hakim Labidi, M.D., PH.D. Appeal from 61st District Court of Harris CountyTrial Court Judge: Hon. John Donovan (Tex.App.- Houston [14th Dist.] Jun. 25, 2009)DISMISSED: Per Curiam Panel members: Justices Frost, Brown and Boyce 14-08-00759-CV Asia Chemical Corporation, Inc. v. John Chung, Joey Chung, Manshao Chung, Individually and as the Representative of the The Estate of Bitar Chung Appeal from 281st District Court of Harris County

Freeman v. Freeman (Tex.App.- Houston [14th Dist.] Jun. 25, 2009)(Guzman)Decision: TRIAL COURT'S JUDGMENT AFFIRMED: Opinion by Justice Eva Guzman Panel members: Justices Anderson, Guzman and Boyce 14-08-00800-CV John Freeman v. Patrick Freeman Appeal from 164th District Court of Harris CountyTrial Court Judge: MARTHA HILL JAMISON

(Tex.App.- Houston [14th Dist.] Jun. 25, 2009)DISMISSED: Per Curiam Panel members: Justices Frost, Brown and Boyce 14-08-00946-CV In Re Asia Chemical Corporation, Inc. Appeal from 281st District Court of Harris CountyTrial Court Judge: David J. Bernal

(Tex.App.- Houston [14th Dist.] Jun. 25, 2009)DISMISSED: Per Curiam Panel members: Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00999-CV Sinclair Contractors Incorporated v. Labor Ready Appeal from 165th District Court of Harris County

(Tex.App.- Houston [14th Dist.] Jun. 25, 2009)DISMISSED: Per Curiam Panel members: Justices Anderson, Guzman and Boyce 14-09-00047-CV F&Z Business, Et Al v. Afisco Interests, LLC Appeal from County Civil Court at Law No 2 of Harris County(Tex.App.- Houston [14th Dist.] Jun. 25, 2009)Decision: TRIAL COURT REVERSED AND JUDGMENT RENDERED: Per Curiam Panel members: Chief Justice Hedges, Justices Brock Yates and Frost 14-09-00073-CV Texas Department of Public Safety v. P.J.K. Appeal from 278th District Court of Walker County [judge not identified by name)

(Tex.App.- Houston [14th Dist.] Jun. 25, 2009)DISMISSED: Per Curiam Panel members: Chief Justice Hedges, Justices Brock Yates and Frost 14-09-00106-CV Jon Kahn v. Baker Nissan North, Inc. D/B/A Baker-Jackson Nissan North Appeal from 189th District Court of Harris County(Tex.App.- Houston [14th Dist.] Jun. 25, 2009)DISMISSED: Per Curiam Panel members: Chief Justice Hedges, Justices Brock Yates and Frost 14-09-00160-CV John Kinds v. City of Houston and Police Officer William Hayden Appeal from 281st District Court of Harris CountyTrial Court Judge: TRACY KEE CHRISTOPHER (not the presiding judge of the 281st DC)(Tex.App.- Houston [14th Dist.] Jun. 25, 2009)DISMISSED: Per Curiam Panel members: Chief Justice Hedges, Justices Brock Yates and Frost 14-09-00193-CV Helene E. Holt and Byron K. Robinson v. Willie and Ida McQueen Appeal from County Civil Court at Law No 2 of Harris CountyTrial Court Judge: Jacqueline Lucci-Smith (Tex.App.- Houston [14th Dist.] Jun. 25, 2009)MOTION OR WRIT DENIED: Per Curiam Panel members: Chief Justice Hedges, Justices Brock Yates and Frost 14-09-00234-CV In Re John Kahn Appeal from 189th District Court of Harris CountyTrial Court Judge: William R. Burke JR. (Tex.App.- Houston [14th Dist.] Jun. 25, 2009)DENIED AS MOOT: Per Curiam Panel members: Justices Brock Yates, Guzman and Sullivan 14-09-00360-CV In Re Cunningham Lindsey Claims Management Inc., and Glends Higgins Appeal from 215th District Court of Harris County (judge not disclosed on docket)(Tex.App.- Houston [14th Dist.] Jun. 25, 2009)DISMISSED: Per Curiam Panel members: Chief Justice Hedges, Justices Brock Yates and Frost 14-09-00361-CV Gabriel B. Darby v. Patriot EMS Service and Waller County EMS Appeal from 55th District Court of Harris CountyTrial Court Judge: Jeff Shadwick Trial Court Case #: 2008-09026A

(Tex.App.- Houston [14th Dist.] Jun. 25, 2009)DISMISSED: Per Curiam Panel members: Chief Justice Hedges, Justices Brock Yates and Frost 14-09-00382-CV Juan Moreno and Yadira Ramirez v. Hawkins Insurance, Et Al Appeal from County Civil Court at Law No 3 of Harris County

(Tex.App.- Houston [14th Dist.] Jun. 25, 2009)DISMISSED: Per Curiam Panel members: Chief Justice Hedges, Justices Brock Yates and Frost 14-09-00385-CV Mark Edwin Burns v. Corinna Marquez Burns Appeal from 247th District Court of Harris County (name of judge omitted from appellate docket)(Tex.App.- Houston [14th Dist.] Jun. 25, 2009)DISMISSED: Per Curiam Panel members: Chief Justice Hedges, Justices Brock Yates and Frost 14-09-00389-CV In Re Michael Kennedy Appeal from 334th District Court of Harris County (judge not identified on docket)(Tex.App.- Houston [14th Dist.] Jun. 25, 2009)

DISMISSED: Per Curiam Panel members: Justices Anderson, Guzman and Boyce 14-09-00422-CV Epernay Community Association, Inc. v. Saad Shaar and Jeanette Shaar Appeal from 270th District Court of Harris CountyTrial Court Judge: Brent Gamble

June 24, 2009 Released Opinion