January 2010 14th Court of Appeals Opinions in Civil Cases

NOTEWORTHY NEW OPINIONS IN CIVIL APPEALS

January 28, 2010

Civil Causes Decided:

Mattox v. County Commissioners' Court of Grimes County (pdf) (Tex.App.- Houston [14th Dist.] Jan. 28,
2010)(Substituted opinion by Justice Hedges) (denial of sanctions affirmed)
REVERSED AND REMANDED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-08-00193-CV Gregory R. Mattox and Barbara Wilkerson v. County Commissioners' Court-Grimes
County, Betty Shiflett-Grimes County Judge, John Bertling-County Commissioner Pct 1., and Pam Finke-
County Commissioner Pct 4
Appeal from 506th Judicial District Court of Grimes County
Trial Court Judge: Albert M McCaig Jr.
Dissenting Opinion by Justice Frost in Mattox v. County Commissioners' Court of Grimes County

Matzel v. Stonecrest Ranch Property Owners Ass'n (pdf) (Tex.App.- Houston [14th Dist.] Jan. 28, 2010)
(Yates) (HOA litigation, removal)
AFFIRMED: Opinion by Justice Brock Yates
Before Justices Brock Yates, Frost and Brown
14-08-00326-CV Carol Matzel v. Stonecrest Ranch Property Owners Association
Appeal from County Court at Law No 2 of Montgomery County
Trial Court Judge: Judge Jerry Winfree

Silas v. St. Lukes' Episcopal Properties Corp. (Tex.App.- Houston [14th Dist.] Jan. 28, 2010)(Seymore)
(summary judgment against res ipsa loquitur premises liability claim affirmed, no proof that defendant
knew of dangerous defect on premises)
AFFIRMED: Opinion by Justice Seymore
Before Chief Justice Hedges, Justices Seymore and Sullivan
14-08-00353-CV Kimberly Silas v. St. Luke's Episcopal Properties Corporation and The Women's
Specialist of Houston, PLLC
Appeal from 234th District Court of Harris County
Trial Court Judge: Reese Rondon

Duke Energy Filed Services LP (Tex.App.- Houston [14th Dist.] Jan. 28, 2010)(per curiam)
(appellate mediation ordered, case settled, agreed vacature and dismissal)
VACATED AND DISMISSED: Per Curiam
Before Chief Justice Hedges, Justices Anderson and Christopher
14-09-00586-CV Duke Energy Field Services, LP (now known as DCP Midstream LP and DCP Assets
Holdings, LP v. El Paso Production Company LP (now known as El Paso E&P Company, LP
Appeal from 80th District Court of Harris County
Trial Court Judge: Larry Weiman

In re Vitol, Inc. (Tex.App.- Houston [14th Dist.] Jan. 28, 2010)(per curiam grant of mandamus)
(mandamus granted against temporary injunction entered in family court without proper hearing)
(appeal of temporary injunction by mandamus proper in family law case)
MOTION OR WRIT GRANTED: Per Curiam
Before Chief Justice Hedges, Justices Anderson and Christopher
14-10-00049-CV In Re Vitol, Inc. and Miguel Angel Loya
Appeal from 257th District Court of Harris County
Trial Court Judge: Judy L. Warne

In re Keen Transport, Inc. (Tex.App.- Houston [14th Dist.] Jan. 28, 2010)
(per curiam denial of mandamus)
MOTION OR WRIT DENIED: Per Curiam
Before Justices Frost, Boyce and Sullivan
14-10-00075-CV In Re Keen Transport, Inc and Vincent Ray Burd
Appeal from County Court No. 3 of Galveston County

January 26, 2010

Civil Causes Decided:

General Insulation Company v. King (pdf) (Tex.App.- Houston [1st Dist.] Jan. 26, 2010)(Brown)
(misappropriation-of-trade-secrets and breach-of-contract case)
AFFIRMED: Opinion by Justice Brown
14-08-00633-CV General Insulation Company v. Daniel L. King
Appeal from 234th District Court of Harris County
Trial Court Judge: Reese Rondon

Boss Hoss Cycles of Houston, LLC v. Wells Fargo Bank, NA (pdf) (Tex.App.- Houston [1st Dist.] Jan. 26,
2010)(Brown) (contract dispute, breach not excused)
AFFIRMED IN PART DISMISSED IN PART: Opinion by Justice Brown
14-08-00648-CV Boss Hoss Cycles of Houston, LLC and David Cesshier v. Wells Fargo Bank, N.A.
Appeal from Co Civil Ct at Law No 1 of Harris County
Trial Court Judge: R. Jack Cagle

Doa v. Le (pdf) (Tex.App.- Houston [1st Dist.] Jan. 26, 2010)(Sullivan)
(DWOP reversed, failure to appear at trial, subpoena)
REVERSED AND REMANDED: Opinion by Justice Sullivan
14-08-01113-CV Paulene Hong Dao and Hung Anh Le a/k/a Hong Le v. Mong Cong Le
Appeal from Co Civil Ct at Law No 3 of Harris County
Trial Court Judge: Linda Storey

January 21, 2010

Civil Causes Decided:

In Interest of KLAC (pdf) (Tex.App.- Houston [14th Dist.] Jan. 21, 2010)(Boyce)
AFFIRMED: Opinion by Justice Boyce
14-08-00960-CV In the Interest of K.L.A.C., D.D.C., and S.L.H.C
Appeal from 315th District Court of Harris County

In Re Estate of Ortiz-Vasquez (pdf) (Tex.App.- Houston [14th Dist.] Jan. 21, 2010)(Brown)
(probate venue mandamus denied)
MOTION OR WRIT DENIED: Opinion by Justice Brown
14-08-01035-CV In Re Estate of Jose Francisco Ortiz-Vasquez. a/k/a Jose F. Ortiz, a/k/a Jose
Francisco Ortiz, a/k/a Francisco Ortiz, Deceased Appeal from Probate Court No 2 of Harris County

The Levin Law Group, PC v. Sigmon (Tex.App.- Houston [14th Dist.] Jan. 21, 2010)(Sullivan)
(no breach of agreement to mediate on specific terms that were not agreed to, silence not assent, no meeting of the minds on cancellation fee, unforceable contract not formed)
Appellant, the Levin Law Group, P.C. (“LLG”) filed suit against attorney Ernesto de Andre Sigmon for breach of an agreement to mediate an underlying civil lawsuit. The trial court granted Sigmon’s motion for summary judgment after Sigmon asserted, inter alia, (a) he did not accept the terms of the agreement, (b) he did not reschedule or cancel the mediation, and (c) the statute of frauds operated to bar the alleged oral contract. We affirm the judgment.
AFFIRMED: Opinion by Justice Kent Sullivan
Before
14-08-01165-CV The Levin Law Group, P.C. v. Ernesto De Andre Sigmon
Appeal from Co Civil Ct at Law No 4 of Harris County
Trial Court Judge: Roberta Anne Lloyd

January 14, 2010

Civil Causes Decided:

January 12, 2010

Civil Causes Decided:

In Re Dorman (Tex.App.- Houston [14th Dist.] Jan 12, 2009)(Boyce) (election law mandamus)
(law prohibiting candidate from running for two offices at the same time enforced by injunction)
MOTION OR WRIT DENIED: Opinion by Justice Boyce
Before Justices Frost, Boyce, and Sullivan.
14-10-00024-CV In Re Steven Dorman
Appeal from of Harris County (Judge Al Bennett)

January 7, 2010

Civil Causes Decided:

SWP Remic Properties II LP v. HCAD (Tex.App.- Houston [14th Dist.] Jan. 7, 2010) (Sullivan)
(trial court’s order granting Harris County Appraisal District’s (“HCAD”) plea to the jurisdiction affirmed; ad valorem tax protest appeal judicial review suit not brought by owner of property. Rule 28 inapplicable)
AFFIRMED: Opinion by Justice Sullivan
Before
14-08-00425-CV SWP Remic Properties II LP as the Property Owners and the Property Owners v. Harris
County Appraisal District Appeal from 55th District Court of Harris County
Trial Court Judge: Jeff Shadwick

January 6, 2010

Civil Causes Decided:

Ex Parte Davis (Tex.App.- Houston [14th Dist.] Jan. 6, 2010) (habeas corpus petition denied)
(SAPCR contempt order based on health care provisions in SAPCR order found partially void)
MOTION OR WRIT DENIED: Per Curiam
Before Justices Yates, Frost, and Brown.
14-09-00943-CV Ex Parte Stephanie Davis
Appeal from 245th District Court of Harris County
Trial Court Judge: Judge Annette Kuntz

January 5, 2010

Civil Causes Decided:

Alexander v. Johnson (pdf) (Tex.App.- Houston [14th Dist.] Jan. 5, 2010)(Hedges)
(denial of bill of review relief affirmed, challenge to paternity, genetic testing)
AFFIRMED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Seymore and Sullivan
14-08-00778-CV Larry Alexander v. Tiffany Johnson
Appeal from 311th District Court of Harris County

Released Opinions

January 4, 2010

Civil Causes Decided:

In re Gawlikowski (Tex.App.- Houston [14th Dist.] Jan. 4, 2010)(per curiam)
(sanctions order attorney and client sanctioned)(setting of trial improperly conditioned on payment of sanctions)
GRANTED IN PART AND DENIED IN PART: Per Curiam
Before Justices Brock Yates, Anderson and Boyce
14-09-00985-CV In Re Daniel Gawlikowski
Appeal from 247th District Court of Harris County
Trial Court Judge: Judge Bonnie Crane Hellums