Saturday, December 12, 2009

Dec. 2009 Civil Appellate Decisions of the First Court of Appeals in Houston, TX


TEX.APP.- HOUSTON [1st Dist] Dec. 2009

MOST RECENT CIVIL APPELLATE DECISIONS OF THE FIRST COURT OF APPEALS IN HOUSTON, TEXAS


December 31, 2009

Civil Causes Decided:

Wilstein v. Dernick Resources, Inc. (pdf) (Tex.App.- Houston [1st Dist.] Dec. 31, 2009)(Keyes) (limitations and fraudulent concealment, breach of fiduciary duty and fraud, public record, constructive notice)
REVERSE TC JUDGMENT AND REMAND CASE TO TRIAL COURT FOR FURTHER PROCEEDINGS:
Opinion by
Justice Evelyn Keyes
Before Justices Keyes, Alcala and Hanks
01-07-00491-CV David Wilstein, and Leonard Wilstein, Individually and as Trustee
v. Dernick Resources, Inc.,
Appeal from 164th District Court of Harris County
Trial Court Judge:
Hon. Martha Hill Jamison

Klentzman v. Brady (Tex.App.- Houston [1st Dist.] Dec. 31, 2009)(Taft)(defamation, media libel) (fault, falsity, and substantial truth in libel cases involving media defendants, non-actionable opinion, actual malice plaintiff's status as a limited purpose public figure)
AFFIRM TC JUDGMENT: Opinion by Justice Taft
Before Justices Taft, Keyes and Alcala
01-07-00520-CV LeaAnne Klentzman and Carter Publications, Inc. d/b/a The West Fort Bend Star, Inc. v. Wade Brady
Appeal from 240th District Court of Fort Bend County
Trial Court Judge: Hon. Thomas R. Culver III

Gordon v. Allen (pdf) (Tex.App.- Houston [1st Dist.] Dec. 31, 2009)(Keyes)(errors on appeal)
“[A]n appellant must attack all independent bases or grounds that fully support a complained-of ruling or judgment.”
AFFIRM TC JUDGMENT: Opinion by Justice Keyes
Before Justices Keyes, Alcala and Hanks
01-08-00435-CV Ronald X. Gordon v. Donald Allen, Marvin & Doris Bennett
Appeal from 405th District Court of Galveston County
Trial Court Judge: Hon. Wayne J. Mallia

Brejon v. Johnson-Brejon (Tex.App.- Houston [1st Dist.] Dec. 31, 2009)(Massengale)
(motion to modify child support, material and substantial change in circumstances, attorney's fees
order void)
AFFIRM TC JUDGMENT: Opinion by
Justice Massengale
Before Chief Justice Radack, Justices Bland and Massengale
01-08-00642-CV Phillipe J. Brejon v. Lia M. Johnson-Brejon
Appeal from 310th District Court of Harris County
Trial Court Judge:
The Honorable Lisa Millard

City of Houston v. Guthrie dba Freedom 2009 Fireworks (pdf) (Tex.App.- Houston [1st Dist.] Dec. 31, 2009)(Hanks)(accelerated interlocutory appeal pursuant to Section 51.014(a)(8) of the Texas Civil Practice and Remedies Code, filed by Appellants complaining the trial court wrongly denied their pleas to the jurisdiction)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks
Before Judge Wilson, Justices Alcala and Hanks
01-08-00712-CV The City of Houston, Houston, Texas; Municipal Utility District 132; Municipal Utility District 157 and Municipal Utility District 152 v. Joel Guthrie d/b/a Sarges Fireworks, Fireworks Center 50, LLC, Paul Dewey Jones d/b/a Freedom 2000 Fireworks, Metro Church and Gulf Coast Avenue C, LLC Appeal from 269th District Court of Harris County
Trial Court Judge:
Hon. John T. Wooldridge

Medina v. Benkiser (Tex.App.- Houston [1st Dist.] Dec. 31, 2009)(Hanks)
(
trial court had no jurisdiction on modify judgment and add attorney's fee award after appeal completed)
VACATE TRIAL COUR JUDGMENT AND DISMISS CASE: Opinion by
Justice Hanks
Before Justices Keyes, Alcala and Hanks
01-08-00777-CV Debra Medina, Mallory Miller, Jr., Dustan Costine, Chad Creighton, Richard Wyatt and Kay
Fisher v. Tina Benkiser and The Republican Party of Texas
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court Judge:
Hon. Roberta A. Lloyd

Brejon v. Brejon (pdf) (Tex.App.- Houston [1st Dist.] Dec. 31, 2009)(Massengale)
(modification of child support, attorney fee order void)
MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED:

Opinion by Justice Michael Massengale
Before Chief Justice Radack, Justices Bland and Massengale
01-08-00897-CV Phillipe J. Brejon v. Lia M. Johnson Brejon
Appeal from 310th District Court of Harris County
Trial Court Judge: The
Honorable Lisa Millard

Mitchell v. The Methodist Hospital (Tex.App.- Houston [1st Dist.] Dec. 31, 2009)(Hanks) (medical malpractice suit, adequacy of expert report, attorney's fees in HCLC suit) (presumption of proper service, receipt of mail)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
Before Justices Keyes, Alcala and Hanks
01-08-00898-CV Chiquita Mitchell, Verazonda Mitchell, Dominque Mitchell, Aaron Mitchell, Samuel Mitchell, Frank Mitchell III, Carl Mitchell, Marie Ophelia, Theodore Mitchell & Johnation Mitchell v. The Methodist
Hospital, Rose Young, Melissa Abbot, Denise M. Stuckey and Bernice Onyenuzi
Appeal from 270th District Court of Harris County
Trial Court Judge:
Hon. Brent Gamble

Davis v. West (Tex.App.- Houston [1st Dist.] Dec. 31, 2009)(Hanks)(derived judicial immunity)
(
turnover relief, void vs voidable order, existence of fiduciary duty, sufficiency of notice of summary judgment hearing)
AFFIRM TC JUDGMENT: Opinion by
Justice George C. Hanks
Before Justices Keyes, Alcala and Hanks
01-08-01006-CV Veronica Davis v. James A. West, Henry V. Radoff,
Houston Reporting Services & Prosperity Bank, Inc..
Appeal from 149th District Court of Brazoria County
Trial Court Judge: Hon. Robert E. May

Perez v. Fannie Mae (pdf) (Tex.App.- Houston [1st Dist.] Dec. 31, 2009)(per curiam dismissal)
(failure to file brief)
DISMISS APPEAL: Per Curiam
Before Justices Keyes, Alcala and Hanks
01-08-01031-CV Erika Perez v. Fannie Mae
Appeal from County Civil Court at Law No 1 of Harris County
Trial Court Judge: Hon. R. Jack Cagle

Humphreys v. Delcourt (Tex.App.- Houston [1st Dist.] Dec. 31, 2009)(Higley)
(
legal malpractice suit)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by
Justice Higley
Before Justices Jennings, Higley and Massengale
01-09-00025-CV Jahn Eric Humphreys v. Richard Delcourt
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court Judge:
Hon. Roberta A. Lloyd

In re Gordon (pdf) (Tex.App.- Houston [1st Dist.] Dec. 31, 2009)(per curiam denial)
By petition for writ of mandamus, prohibition, and injunction, relator seeks relief compelling the Texas Supreme Court to void and vacate its judgment rendered in Gordon v. Madison, 39 S.W.3d 604 (Tex. 2001).
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Justices Keyes, Alcala and Hanks
01-09-00577-CV In re Ronald X. Gordon
Appeal from
212th District Court of Galveston County

DISMISS APPEAL: Per Curiam
Before Justices Jennings, Higley and Sharp
01-09-00592-CV Hung Tan Phan v. An Dinh Le; Tan Ming Cao; Thuy Dinh Truong
Appeal from 125th District Court of Harris County

DISMISS APPEAL: Per Curiam
Before Justices Jennings, Higley and Sharp
01-09-00694-CV Aleithia Artemis v. Houston Fire Dept.
Appeal from 133rd District Court of Harris County

DISMISS APPEAL: Per Curiam
Before Chief Justice Radack, Justices Alcala and Higley
01-09-00735-CV William David Golden v. Janet Sue Golden
Appeal from 245th District Court of Harris County

DISMISS APPEAL: Per Curiam
Before Chief Justice Radack, Justices Alcala and Higley
01-09-00780-CV Mark Trimble v. Ranjeek Kaur
Appeal from County Court of Chambers County


Released Opinions

December 30, 2009

Civil Causes Decided:

In re International Trading Co., Inc. (Tex.App.- Houston [1st Dist.] Dec. 30, 2009)(per curiam denial)
(mandamus denied re: order denying
motion to compel arbitration)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Justices Jennings, Higley and Sharp
01-09-01032-CV In re International Trading Co., Inc., d/b/a Met Company, Inc.
Appeal from 190th District Court of Harris County
Trial Court Judge:
Hon. Patricia J. Kerrigan

December 23, 2009

Civil Causes Decided:

In re Feinhandler (Tex.App.- Houston [1st Dist.] Dec. 23, 2009)(per curiam)
(
discovery mandamus re order to produce income tax returns denied)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Justices Jennings, Higley and Sharp
01-09-01100-CV In re Mark Feinhandler
Appeal from 111th District Court of Webb County
Trial Court Judge: Hon. Michael D. White

December 22, 2009

Civil Causes Decided:

Brookshire Katy Drainage District v. The Lily Gardens, LLC (pdf) (Tex.App.- Houston [1st Dist.] Dec. 22, 2009) (Wilson, Davie)(interpretation of easements)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by
Judge Davie Wilson
Before Chief Justice Radack, Judge Wilson, Justice Hanks
01-07-00431-CV Brookshire Katy Drainage District v. The Lily Gardens, LLC, Richard E. Fluecker and Kenneth B. Luedecke
Appeal from 9th District Court of Waller County
Trial Court Judge: Hon. Frederick Edwards

Cantu v. McKinney (pdf) (Tex.App.- Houston [1st Dist.] Dec. 22, 2009)(Higley)(denial of motion to recuse affirmed, pro se appeals)
AFFIRM TC JUDGMENT: Opinion by Justice Higley
Before Justices Jennings, Higley and Sharp
01-07-01091-CV Tony Cantu and Elsa Cantu v. Wade McKinney, Jr., Rebecca R. McKinney, et al
Appeal from 129th District Court of Harris County
Trial Court Judge:
Hon. Grant Dorfman

Valencia v. DFPS (pdf) (Tex.App.- Houston [1st Dist.] Dec. 22, 2009)(Jennings)(termination reversed)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Jennings
Before Justices Jennings, Higley and Sharp
01-08-00345-CV Joe Lewis Valencia v. Department of Family and Protective Services
Appeal from 313th District Court of Harris County
Trial Court Judge: Hon. Pat Shelton

Malatesta v. Dove Meadows HOA (pdf) (Tex.App.- Houston [1st Dist.] Dec. 22, 2009)(Bland)
(
HOA litigation, deed restrictions, conclusory affidavit)
AFFIRM TC JUDGMENT: Opinion by
Justice Bland
Before Chief Justice Radack, Justices Bland and Massengale
01-08-00772-CV Bryan D. Malatesta, Willie Voncille Malatesta v. Dove Meadows Homeowners Association,
Inc. Appeal from 234th District Court of Harris County

Trial Court Judge: The
Honorable Reece Rondon

December 17, 2009

Civil Causes Decided:

Brown & Brown of Texas, Inc. v. Omni Metals, Inc. (pdf) (Tex.App.- Houston [1st Dist.] Dec. 17, 2009) (Substituted opinion by Keyes) (insurance coverage, certificates of insurance, DTPA)
MODIFY TRIAL COURT JUDGMENT AND AFFIRM TRIAL COURT JUDGMENT AS MODIFIED: Opinion by Justice Keyes
Before Justices Nuchia, Keyes and Higley
01-05-01190-CV Brown & Brown of Texas, Inc. f/k/a Poe & Brown of Texas, Inc. and Transcontinental
Insurance Company v. Omni Metals, Inc.
Appeal from 61st District Court of Harris County
Trial Court Judge:
Hon. John Donovan
Dissenting Opinion by Justice Nuchia

Gundogan v. Woodgrove Condo (pdf) (Tex.App.- Houston [1st Dist.] Dec. 17, 2009)(Keyes) (appeals from small claims and JP court, failure to Timely Respond to Discovery Requests,
rebuttal of presumption of receipt of documents served pursuant to Rule 21a)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by
Justice Keyes
Before Justices Jennings, Keyes and Higley
01-07-00876-CV Peter Kemal Gundogan v. Woodgrove Condominum
Appeal from Co Civil Ct at Law No 1 of Harris County
Trial Court Judge:
Hon. R. Jack Cagle

Forward v. Texas Board of Pardons and Parole (pdf) (Tex.App.- Houston [1st Dist.] Dec. 17, 2009)(Alcala) (reversal of trial court's order that dismissed for want of prosecution petition for expunction)
REVERSE TRIAL COURT JUDGMENT AND REMAND CASE TO TRIAL COURT FOR FURTHER PROCEEDINGS:
Opinion by
Justice Elsa Alcala
Before Justices Keyes, Alcala and Hanks
01-07-00914-CV John Patrick Forward v. Texas Board of Pardons and Parole
Appeal from 80th District Court of Harris County
Trial Court Judge:
Hon. Lynn Bradshaw-Hull

Rodrigues v. Press (pdf) (Tex.App.- Houston [1st Dist.] Dec. 17, 2009)(Massengale)(legal malpractice suit)
AFFIRM TC JUDGMENT: Opinion by Justice Massengale
Before Chief Justice Radack, Justices Bland and Massengale
01-08-00326-CV Enrique Rodriguez v. Dionne S. Press
Appeal from 190th District Court of Harris County
Trial Court Judge:
Hon. Jennifer Walker Elrod

Walker v. Livingston (pdf)(Tex.App.- Houston [1st Dist.] Dec. 17, 2009)(Keyes) (Jennings) (pro se inmate suit)
AFFIRM TC JUDGMENT: Opinion by Justice Jennings
Before Justices Jennings, Higley and Sharp
01-08-00959-CV Freddie Lee Walker v. Brad Livingston, Nathaniel Quarterman, Gary Gomez, Larry Leflore, Pamela Williams, Beverly Stewart, Doug Waldron, J.P. Guyton, and Richard Trinci
Appeal from 412th Judicial District Court of Brazoria County
Trial Court Judge: Hon. W. Edwin Denman

Marcus v. Smith (pdf)(Tex.App.- Houston [1st Dist.] Dec. 17, 2009)(Alcala)
AFFIRM TC JUDGMENT: Opinion by Justice Elsa Alcala
Before Justices Keyes, Alcala and Hanks
01-09-00321-CV David E. Marcus v. Margaret A. Smith
Appeal from 310th District Court of Harris County
Trial Court Judge: Hon.
Lisa Millard

In re Marcus (Tex.App.- Houston [1st Dist.] Dec. 17, 2009)(Alcala)
DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Alcala
Before Justices Keyes, Alcala and Hanks
01-09-00461-CV In re David E. Marcus
Appeal from 310th District Court of Harris County
Trial Court Judge:
Hon. Lisa Millard

Ineos Group Ltd v. Chevron Phillips Chemical Co, LP (pdf) (Tex.App.- Houston [1st Dist.] Dec. 17, 2009) (Higley) (interlocutory appeal, temporary injunction affirmed)
AFFIRM TC JUDGMENT: Opinion by Justice Higley
Before Justices Jennings, Higley and Sharp
01-09-00504-CV Ineos Group Ltd., Ineos Technologies, Ineos Americas LLC, Ineos Manufacturing Belgium NV, Ineos LLC, Ineos Europe Limited, Ineos Polyethlene North America, Ineos USA LLC and Ineos Olefins LP v. Chevron Phillips Chemical Company, LP
Appeal from County Court at Law No 2 of Galveston County
Trial Court Judge: Hon. C. G. Dibrell, III


In re Marcus (pdf)(Tex.App.- Houston [1st Dist.] Dec. 17, 2009)(Alcala)
DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Alcala
Before Justices Keyes, Alcala and Hanks
01-09-00702-CV In re David E. Marcus
Appeal from 310th District Court of Harris County
Trial Court Judge: Hon. Lisa Millard

December 14, 2009

Civil Causes Decided:

DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Justices Keyes, Alcala and Hanks
01-09-00604-CV In re Donald C. Jackson
Appeal from 133rd District Court of Harris County
Trial Court Judge:
Jaclanel M. McFarland

DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Chief Justice Radack, Justices Bland and Massengale
01-09-01055-CV In re Amanda Desterberg
Appeal from 313th District Court of Harris County

December 11, 2009

Civil Causes Decided:


SET ASIDE TC JUDGMENT AND REMAND CASE TO TC FOR RENDITION OF JUDGMENT
IN ACCORDANCE WITH PARTIES' AGREEMENT: Per Curiam
Before Justices Jennings, Higley and Sharp
01-09-00401-CV Jason R. Freeman v. Bartlett Cocke, L.P.
Appeal from 113th District Court of Harris County
Trial Court Judge:
Hon. Patricia Hancock

December 10, 2009

Civil Causes Decided:

DISMISS APPEAL: Per Curiam
Before Justices Jennings, Higley and Sharp
01-07-00901-CV Essex Crane Rental Corp. and Vincent A. Morano v. James W. McPherson, Sr, Coastal Terminal Operators, Inc., Coastal Stevedoring Corporation, McPherson Interests, Ltd., James W. McPherson Family Trust, James W. McPherson, Jr., Eric G. Carter d/b/a Eric G. Carter and Associates, and Houston Industrial
Appeal from 151st District Court of Harris County
Trial Court Judge:
Hon. Caroline Baker

Simien v. Unifund CCR Partners
(pdf) (Tex.App.- Houston [1st Dist.] Dec. 10, 2009)(Alcala) (credit card debt suit)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala
Before Justices Keyes, Alcala and Hanks
01-08-00593-CV Michelle D. Simien v. Unifund CCR Partners
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court Judge:
Hon. Roberta A. Lloyd

Imkie v. The Methodist Hospital (pdf)(Tex.App.- Houston [1st Dist.] Dec. 10, 2009)(effect of failure to respond to no-evidence motion for summary judgment, denial of motion for new trial affirmed) Appellant, Marwa Imkie, appeals from a summary judgment rendered by the trial court in favor of appellee, The Methodist Hospital (hereinafter "Methodist"). In two issues, Imkie contends the trial court erred by granting the no evidence motion for summary judgment filed by Methodist, and erred by denying her motion for a new trial. We conclude that the trial court properly granted the motion for summary judgment, and did not abuse its discretion by denying the motion for new trial. We affirm the ruling of the trial court.
AFFIRM TC JUDGMENT: Opinion by Justice Alcala
Before Justices Keyes, Alcala and Hanks
01-08-00831-CV Marwa Imkie v. The Methodist Hospital
Appeal from 133rd District Court of Harris County
Trial Court Judge:
Hon. Lamar McCorkle

Said v. Maria Investment
(pdf) (Tex.App.- Houston [1st Dist.] Dec. 10, 2009)(personal jurisdiction, special appearance) The Saids contend that the trial court abused its discretion in granting the special appearances. Holding that had no evidence properly before the trial court supports the special appearances, we reverse the trial court’s orders.
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by
Justice Bland
Before Chief Justice Radack, Justices Bland and Massengale
01-08-00962-CV Asif Said and Asma Said v. Maria Investment
Appeal from 151st District Court of Harris County
Trial Court Judge: Hon.
Caroline E. Baker

Anyanwu v. FIA Card Services, N.A. FKA, MBNA American Bank, N.A
. (pdf)(Tex.App. - Houston [1st Dist.] Dec. 10, 2009)(per curiam) (dismissed for failure to file appellate brief)
DISMISS APPEAL: Per Curiam
Before Justices Keyes, Alcala and Hanks
01-09-00100-CV Good G. Anyanwu v. FIA Card Services, N.A. FKA, MBNA American Bank, N.A. c/o Mann Bracken LLC
Appeal from
County Civil Court at Law No 3 of Harris County

Wright v. Atlantic Credit and Finance, Inc.
(pdf)(Tex.App.- Houston [1st Dist.] Dec. 10, 2009)(Alcala) We conclude Wright did not plead the statute of limitations and Wright's deemed admissions and Atlantic's uncontroverted summary judgment evidence conclusively establish Atlantic's entitlement to recover on breach of contract and its entitlement to attorney's fees. We affirm.
AFFIRM TC JUDGMENT: Opinion by Justice Alcala
Before Justices Keyes, Alcala and Hanks
01-09-00135-CV Darryl G. Wright v. Atlantic Credit and Finance, Inc.
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court Judge:
Hon. Roberta A. Lloyd

DISMISS APPEAL: Per Curiam
Before Justices Keyes, Alcala and Hanks
01-09-00318-CV Willie James Ashton, Jr. v. Texas Department of Criminal Justice
Appeal from 412th Judicial District Court of Brazoria County

DISMISS APPEAL: Per Curiam
Before Justices Keyes, Alcala and Hanks
01-09-00537-CV Texas Department of Public Safety v. Wendell L. James
Appeal from County Civil Court at Law No 3 of Harris County
Trial Court Judge:
Hon. Linda Storey

December 7, 2009

Civil Causes Decided:

DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Chief Justice Radack, Justices Bland and Massengale
01-09-00967-CV In Re Timothy Aguilar
Appeal from 61st District Court of Harris County
Trial Court Judge:
Hon. Al Bennett

December 4, 2009

Civil Causes Decided:

BHP Billiton Petroleum (Americas), Inc. v. Atlantia Offshore Ltd
. (pdf) (Tex. App.- Houston [1st Dist.] Dec. 4, 2009)(Jennings) (arbitration dispute, interlocutory appeal)
DISMISS APPEAL: Opinion by
Justice Terry Jennings
Before Justices Jennings, Higley and Sharp
01-09-00509-CV BHP Billiton Petroleum, (Americas) Inc. v. Atlantia Offshore Limited
Appeal from 215th District Court of Harris County
Trial Court Judge:
Hon. Steven E. Kirkland

In Re BHP Billiton Petroleum (Americas) Inc.
(pdf) (Tex.App. - Houston [1st Dist.] Dec. 4, 2009)(Jennings)
DENY PETITION FOR WRIT OF MANDAMUS: Opinion by
Justice Jennings (arbitration mandamus denied)
Before Justices Jennings, Higley and Sharp
01-09-00647-CV In re BHP Billiton Petroleum (Americas) Inc.
Appeal from
215th District Court of Harris County

December 3, 2009

Civil Causes Decided:

Hines v. DFPS
(Tex.App.- Houston [1st Dist.] Dec. 3, 2009)(Radack)
(
termination of parental rights affirmed)
AFFIRM TC JUDGMENT: Opinion by
Chief Justice Radack
Before Chief Justice Radack, Justices Bland and Massengale
01-08-00045-CV Larry Wayne Hines v. Department of Family and Protective Services
Appeal from 314th District Court of Harris County

Craig v. Varon (Tex.App.- Houston [1st Dist.] Dec. 3, 2009)(Jennings)
(
real estate contract, indemnity agreement, trial of issues by consent)
AFFIRM TC JUDGMENT: Opinion by Justice Jennings
Before Justices Jennings, Higley and Sharp
01-08-00794-CV Bob Craig, 6030 South Rice, Ltd. v. Jacobo Varon, Charter Title Company
Appeal from 127th District Court of Harris County
Trial Court Judge: Hon. Shearn Smith

Martinez v. Melendez (Tex.App.- Houston [1st Dist.] Dec. 3, 2009)(Subst op. by Bland)
(
wrongful death, collision with dump truck, independent contractor, no right to control, no vicarious liability)
AFFIRM TC JUDGMENT: Opinion by
Justice Jane Bland
Before Justices Taft, Bland and Sharp
01-08-00850-CV Luci Martinez, Individually and the Personal Representative of the Estate of Luis Martinez; and Jose Martinez and Maria Martinez v. Moises Melendez
Appeal from 190th District Court of Harris County
Trial Court Judge:
Hon. Patricia J. Kerrigan

Demby v. Rivers
(pdf)(Tex.App.- Houston [1st Dist.] Dec. 3, 2009)(Radack)
(jury's verdict awarding appellee damages for
personal injuries he sustained as a result of the collision. evidence is legally and factually sufficient to support the damage award as to loss of physical capacity)
AFFIRM TC JUDGMENT: Opinion by
Chief Justice Radack
Before Chief Justice Radack, Justices Bland and Massengale
01-08-00965-CV Yanetta Demby v. Lamachus Rivers
Appeal from
125th District Court of Harris County

Smith v. DFPS (Tex.App.- Houston [1st Dist.] Dec. 3, 2009)(Hanks)(termination of parent's rights)
AFFIRM TC JUDGMENT: Opinion by
Justice George C. Hanks, Jr.
Before Justices Keyes, Hanks and Bland
01-09-00173-CV Deshann Smith a/k/a Cajuanna Peterson v. Department of Family and Protective
01-09-00390-CV Deshann Smith a/k/a Cajuanna Peterson v. Department of Family and Protective
Services
Appeal from 314th District Court of Harris County

Speck v. First Evangelical Lutheran Church of Houston
(Tex.App.- Houston [1st Dist.] Dec. 3, 2009)(Bland) (construction law, nonpayment claim for services, quantum meruit, unjust enrichment, sworn account, JNOV) (insufficient record for appeal)
AFFIRM TC JUDGMENT: Opinion by
Justice Bland
Before Chief Justice Radack, Justices Bland and Massengale
01-09-00605-CV Pat K. Speck v. First Evangelical Luthern Church of Houston and Dry Bones Coffee House Inc. and Dry Bones Coffee House
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court Judge:
Jacqueline Lucci-Smith

In re Houston Auto M. Importers North, Ltd. (pdf) (Tex.App.- Houston [1st Dist.] Dec. 3, 2009)(Radack) (Mandamus granted re: order denying motion to compel arbitration)
GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by
Chief Justice Radack
Before Chief Justice Radack, Justices Bland and Massengale
01-09-00625-CV In re Houston Auto M. Importers North, LTD. D/B/A Mercedes-Benz of Houston North
Appeal from 133rd District Court of Harris County
Trial Court Judge:
Jaclanel M. McFarland