June 2009 Houston Appellate Court Opinions

JUNE DECISIONS FROM THE 14TH COURT OF APPEALS - CIVIL CASES

Gammill v. Fettner (Tex.App.- Houston [14th Dist.] Jun. 16, 2009)(Frost) (probate court district court concurrent jurisdiction) AFFIRMED: Opinion by Justice Kem Frost Before Justices Frost, Brown and Boyce 14-07-00705-CV Cecil Gammill, Jr. and Jaime Martinez v. David A. Fettner, Trustee of The Gammill Family Trust, John Gammill, Kathleen Bungard, Laura Gammill, Janice Phillips, and Daniel Gammill Appeal from 190th District Court of Harris County Trial Court Judge: Jennifer Elrod Walker

Gammill v. Gammill (Tex.App.- Houston [14th Dist.] Jun. 16, 2009)(Frost) (probate court had jurisdiction) REVERSED AND REMANDED: Opinion by Justice Frost Before Justices Frost, Brown and Boyce 14-07-01013-CV Cecil Gammill, Jr. v. John Gammill, Daniel Gammill, Kethleen Gammill Bungard, Janice Marie Gammill, Laure May Gammill, The Estate of Jackie Marie Gammill, and the Gammill Family Trust Appeal from Probate Court No 2 of Harris County Trial Court Judge: Michael James Wood

Palisades Acquisition XVI, LLC v. Chatman (Tex.App.- Houston [14th Dist.] Jun. 16, 2009)(Frost) (suit to confirm arbitration award under FAA erroneously dismissed by trial court; Harris County county court at law found to have jurisdiction to confirm arbitration award, state-federal concurrent jurisdiction) REVERSED AND REMANDED: Opinion by Justice Frost Before Justices Frost, Brown and Boyce 14-08-00108-CV Palisades Acquisition XVI, LLC v. Howard Chatman Attorney for Appellant: Michael J. Adams Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: R. Jack Cagle

Bailey v. Barnhart Interest, Inc. (Tex.App. - Houston [14th Dist.] Jun. 16, 2009) (Boyce) (judicial estoppel) REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by Justice Boyce Before Justices Anderson, Guzman and Boyce 14-08-00160-CV Reginald Bailey, as Administrator of the Estate of Sheryl English, and Joseph M. Hill, as the Trustee of the Bankruptcy estate of Sheryl English v. Barnhart Interest, Inc., L. Irvin Barnhart and Paul F. Barnhart, Jr. Appeal from 295th District Court of Harris County Trial Court Judge: TRACY KEE CHRISTOPHER

Texoma Advertising Co., LP v. The Siblings, LLC (Tex.App.- Houston [14th Dist.] Jun. 16, 2009)(Yates) (lease agreement for advertising disputed, actual or constructive knowledge, statute of frauds conveyance of interest in real estate, ratification of disputed contract, acceptance of benefits under it with knowledge of its terms) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Sullivan 14-08-00602-CV Texoma Advertising Co., L.P. v. The Siblings, L.L.C.Appeal from 354th District Court of Rains County Trial Court Judge: Judge Richard A. Beacom Jr.

In Re Sams (Tex.App.- Houston [14th Dist.] Jun. 16, 2009) (per curiam mandamus denial in crim. case) MOTION OR WRIT DENIED: Per Curiam Before Justices Seymore, Brown and Sullivan 14-09-00516-CV In Re Letha Marie Sams, Letha Sams, Estate of Viola A. Goodman and Viola Goodman Barbara Shiner Appeal from County Criminal Court at Law No 12 of Harris County

In re Robertson, Ted Lawrence (Tex. App. - Houston [14th Dist.] Jun. 11, 200(per curiam) (mandamus relief sought to compel trial judge to rule on motion to set aside default protective order; mandamus petition was defective; applicant must secure ruling or establish refusal by trial court to perform ministerial act, non-discretionary duty). MOTION OR WRIT DENIED: Per Curiam Before Justices Seymore, Brown and Sullivan 14-09-00478-CV In Re Ted Lawrence Robertson Appeal from 312th District Court of Harris County

In re McInnis (Tex.App.- Houston [14th Dist.] Jun. 9, 2009)(per curiam denial of mandamus) MOTION OR WRIT DENIED: Per Curiam Before Justices Seymore, Brown and Sullivan 14-09-00491-CV In Re Janine Charboneau McInnis, D.V.M Appeal from 281st District Court of Harris County Trial court judge: Honorable Sylvia Matthews, presiding judge of the 281st District Court of Harris County

Texas Mutual Ins.Co. v. Morris (Tex.App.- Houston [14th Dist.] Jun. 4, 2009)(Opinion on rehearing by Frost) (bad-faith claim in worker's comp case) (loss of credit reputation requirements for proof) AFFIRMED AS MODIFIED IN PART AND REVERSED AND REMANDED IN PART:Opinion by Justice Frost Before Justices Anderson and Frost14-06-00651-CV Texas Mutual Insurance Company v. P. Lance MorrisAppeal from 11th District Court of Harris CountyTrial Court Judge: Mark Davidson

Merck & Co. v. Ernst (Tex.App.- Houston [14th Dist.] Jun. 4, 2009) (Opinion on rehearing by Hedges) (Vioxx jury judgment reversed) REVERSED AND RENDERED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Brown 14-06-00835-CV Merck & Co., Inc. v. Carol A. Ernst, Individually and as Representative of the Estate of Robert Charles Ernst, Deceased Appeal from 23rd District Court of Brazoria County Trial Court Judge: Ben Hardin

Rivers v. Charlie Thomas Ford, Ltd (Tex.App.- Houston [14th Dist.] Jun. 4, 2009)(Anderson)(consumer law dispute over car purchase) AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00229-CV Deleaser L. Rivers v. Charlie Thomas Ford, LTD d/b/a Charlie Thomas Ford Appeal from 190th District Court of Harris County Trial Court Judge: Patricia J Kerrigan