September 2009 First Court of Appeals Decisions in Civil Cases | Tex.App.- HOUSTON [1st Dist.] Sep. 2009)

NEWLY DECIDED CIVIL CASES FROM THE FIRST COURT OF APPEALS OF TEXAS

TEX.APP.-HOUSTON [1st DIST]

September 24, 2009

Civil Causes Decided:

Gilbert v. HISD (Tex.App.- Houston [1st Dist.] Sep. 24, 2009)(Massengale)
(pro se appeal, suing or defending suit as next friend of incompetent person, standing to bring appeal, tax lien foreclosure)
AFFIRM TC JUDGMENT: Opinion by Justice Massengale
Before Chief Justice Radack, Justices Bland and Massengale
01-06-00159-CV Matt Gilbert v. Houston Independent School District
Appeal from 270th District Court of Harris County
Trial Court Judge: Hon. Brent Gamble

Harrison v. Charlie Thomas Ford, Ltd. (Tex.App.- Houston [1st Dist.] Sep. 24, 2009)(Sharp)
(DTPA, Finance Code violations in installment sale of motor vehicle alleged, waiver of arguments on appeal)
AFFIRM TC JUDGMENT: Opinion by Justice Sharp
Before Chief Justice Radack, Justices Taft and Sharp
01-08-00164-CV Russell W. Harrison v. Charlie Thomas Ford, Ltd., d/b/a Charlie Thomas Ford
Appeal from 61st District Court of Harris County
Trial Court Judge: Hon. John Donovan

Simmons v. Hollyview Apartments (Tex.App.- Houston [1st Dist.] Sep. 24, 2009)
(forcible entry and detainer, writ of possession) (eviction appeal, TRCP, Tex. R. Civ. P. 749b., attorney's fees in eviction case)
AFFIRM TC JUDGMENT: Opinion by Justice Terry Jennings
Before Justices Jennings, Higley and Sharp
01-08-00231-CV Gregory Simmons v. Hollyview Apartments
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court Judge: Hon. Jacqueline Lucci Smith

DISMISS APPEAL: Per Curiam (dismissed by appellant)
Before Justices Keyes, Alcala and Hanks
01-09-00373-CV Settlement Funding, LLC v. A Transfer of Structured Settlement Payment Rights by Brenda S. Campbell
Appeal from 215th District Court of Harris County
Trial Court Judge: Hon. Steven E. Kirkland

September 17, 2009

Civil Causes Decided:

Roy v. McMaster (Tex.App.- Houston [1st Dist.] Sep. 17, 2009)(Alcala) (no contractual wills)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Elsa Alcala
Before Judge Wilson, Justices Alcala and Hanks
01-08-00214-CV Mary Rochene Ray v. Ronald Lee McMaster
Appeal from Probate Court No 4 of Harris County
Trial Court Judge: Hon. William McCulloch

OAG v. McBee (Tex.App.- Houston [1st Dist.] Sep. 17, 2009) (Bland)
(child support arrearage, adjustment of amount disapproved, offset claim disallowed)
REVERSE TC JUDGMENT AND REMAND CASE TO TRIAL COURT FOR FURTHER PROCEEDINGS:
Opinion by Justice Jane Bland
Before Justices Taft, Bland and Sharp
01-08-00433-CV Office of the Attorney General v. Robert Sean McBee
Appeal from 306th District Court of Galveston County
Trial Court Judge: Hon. Janis L. Yarbrough

AccuFleet, Inc.v. Harford Fire Ins. Co. (Tex.App.- Houston [1st Dist.] Sep. 17, 2009)(Hanks)
(insurance coverage dispute)
AFFIRM TC JUDGMENT IN PART, REVERSE TRIAL COURT JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks
Before Justices Keyes, Hanks and Bland
01-08-00684-CV AccuFleet, Inc. v. Harford Fire Insurance Company
Appeal from 55th District Court of Harris County
Trial Court Judge: Hon. Jeffrey A. Shadwick

Mann v. DFPS (Tex.App.- Houston [1st Dist.] Sep. 17, 2009)(Radack)
(termination of parental rights reversed, conservatorship decision affirmed)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER JUDGMENT:
Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Taft and Sharp
01-08-01004-CV Stephanie Mann v. Department of Family and Protective Services
Appeal from 314th District Court of Harris County
Trial Court Judge: Hon. John Phillips

DISMISS APPEAL 9/17: Per Curiam
Before Justices Jennings, Higley and Sharp
01-09-00773-CV Alden Joseph Varrett v. Terry White Verrett
Appeal from 310th District Court of Harris County

Criminal Causes Decided:

September 15, 2009

Civil Causes Decided:

In Re Bay Gas Storage Co., Ltd (Tex.App.- Houston [1st Dist.] Sep. 15, 2009)(per curiam)
(mandamus re: denial of plea to the jurisdiction denied)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Justices Keyes, Hanks and Bland
01-09-00663-CV In re Bay Gas Storage Company, Ltd.
Appeal from 190th District Court of Harris County
Trial Court Judge: Hon. Patricia J. Kerrigan

DENY PETITION FOR WRIT OF MANDAMUS 9/15: Per Curiam (mandamus denied re: transfer)
Before Justices Jennings, Hanks and Higley
01-09-00781-CV In re Mark Trimble
Appeal from County Court of Chambers County
Trial court judge: Jimmy Sylvia

DENY PETITION FOR WRIT OF PROHIBITION 9/15: Per Curiam
(writ of prohibition denied re: eviction, forcible entry and detainer)
Before Justices Jennings, Hanks and Higley
01-09-00782-CV In re Mark Trimble
Appeal from County Court of Chambers County

September 10, 2009

Civil Causes Decided:

Andress v. Meah Investments No. 2, Ltd. (Tex.App.- Houston [1st Dist] Sep. 10, 2009)(Keyes)
(fraud, imposition of exemplary damages)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR
FURTHER PROCEEDINGS: Opinion by Justice Keyes
Before Justices Jennings, Keyes and Higley
01-07-00792-CV Morris Andress v. Meah Investments No. 2, Ltd.
Appeal from 239th District Court of Brazoria County
Trial Court Judge: Hon. Patrick Edward Sebesta

Peden v. South Texas Surveying Assoc., Inc. (Tex.App.- Houston [1st Dist] Sep. 10, 2009)(Alcala) (defamation, substantial truth defense, estoppel, judicial estoppel, quasi-estoppel)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR
FURTHER PROCEEDINGS: Opinion by Justice Alcala
Before Justices Jennings, Alcala and Higley
01-08-00373-CV Tom and Paula Peden v. South Texas Surveying Associates, Inc., and Fred W. Lawton,
Stephen Pohl Appeal from 80th District Court of Harris County
Trial Court Judge: Hon. Lynn Bradshaw-Hull

Stern v. Mischel (Tex.App.- Houston [1st Dist] Sep. 10, 2009)(dismissal requested by appellant)
DISMISS APPEAL: Per Curiam
Before Justices Keyes, Alcala and Hanks
01-09-00449-CV Howard J. Stern, Successor Trustee of the Teresa E. Kraft 1998 Investment Trust
v. Mischel NFN
Appeal from 113th District Court of Harris County

In re Tanner Companies, Inc. (Tex.App.- Houston [1st Dist] Sep. 10, 2009)
(mandamus re: discovery and sanctions orders)
DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Justices Keyes, Hanks and Bland
01-09-00522-CV In re Tanner Companies, Inc., Paul Winters, William A. Zartler, Tyler Crabtree, Tanner
Holdings, L.L.C., Tanner Services, L.L.C., and Denham Capital Management
Appeal from 133rd District Court of Harris County
Trial Court Judge: Jaclanel M. McFarland

Sonic Momentum VWA, Ltd. v. Dror (Tex.App.- Houston [1st Dist] Sep. 10, 2009)(per curiam
(reversed per Joint Motion to Reverse And Enter Take-Nothing Judgment)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Per Curiam
Before Justices Jennings, Higley and Sharp
01-09-00677-CV Sonic Momentum VWA, Ltd. d/b/a/ Momentum Audi v. Daniel Dror, II
Appeal from 157th District Court of Harris County
Trial Court Judge: Hon. Randy Wilson

September 3, 2009