Thursday, September 24, 2009

Susan Stanford Goes After Divorce Lawyer Nancy Rommelmann: $200 Million Sought from Attorneys In Lieu of Divorce Settlement from Allen Stanford


$200 Million LEGAL MALPRACTICE CLAIM ADDS TWIST TO STANFORD DIVORCE


If you can't get it from the hubby or from the SEC, why not tap the lawyers?

Sep. 24, 2009. Susan J. Stanford, wife of R. Allen Stanford, today sued her former divorce lawyer(s) for $200 MIL in damages, and for fee forfeiture, claiming legal malpractice and breach of fiduciary duty in connection with an alleged oral settlement offer worth more than 200 million dollars that she says was not communicated to her.

Of course, she would have taken it. No questions asked.

A footnote in the lawsuit papers clarifies that the staggering amount is "not a typo", and explains that "Mr. Stanford was an exceedingly successful international businessman who stockpiled most, or all, of his fortune during his marriage with Plaintiff."

Comment: What fortune?

See
Original Petition in Cause No. 2009-61538 Susan Stanford vs. Nancy Rommelmann dba The Law Offices of Nancy Rommelmann, Pavlas, Brown & York, L.L.P. (legal malpractice).
John C. Pavlas is not named as a defendant individually.

The lawsuit was assigned to the 333rd District Court, the Hon. Tad Halbach presiding.

The parties' divorce remains pending in Judge Dempster's Court:

2007-67703 - STANFORD, SUSAN J. vs. STANFORD, ROBERT A. (308th District)

STANFORD, SUSAN J. PLAINTIFF - Attorney: ROMMELMANN, NANCY (a solo lawyer per SBOT profile) (not spelled Rommelman)

STANFORD, ROBERT A. [Allen] DEFENDANT - Attorney: ALLSHOUSE, J. D. BUCKY (solo, per SBOT profile)


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

Monday, September 21, 2009

Houston Police Chief Hurtt Sued over Illegal Alien Policy


Sep. 21, 2009.
Houston police officer brings PUBLIC POLICY LAWSUIT against City of Houston & Chief of Police complaining about being impeded in communicating with ICE regarding illegal aliens. See Original Petition in Joselyn M. Johnson v. Harold Hurtt, in his official capacity as Chief of Police of the Houston Police Department et al, Cause No. 2009-60471, assigned to the 151st District Court, Judge Mike Engelhart presiding.

Excerpt of Johnson's allegations [from her complaint against the Chief]:

Plaintiff, a Sergeant in the Houston Police Department, challenges current policies, practices, and procedures of the Houston Police Department that substantially restrict, if not prohibit, Plaintiff from communicating with U.S. Immigration and Customs Enforcement ("ICE") about illegal aliens who are criminally present in the United States.

Plaintiff does not seek to detain or arrest persons in order to inquire about their immigration status. Rather, Plaintiffs seeks to· use her professional judgment to determine when it is appropriate to contact ICE to inquire or provide information about a person's immigration status if, in the course of carrying out her duties and responsibilities as a law enforcement officer, she has reason to believe a crime may have been committed. The Houston Police Department's current policies, practices, and procedures largely prohibit such communications and harm Plaintiff's ability to carry out her duties and responsibilities as a law enforcement officer. They also deprive her of her right to freedom of expression under the U.S. and Texas constitutions and federal law.

***
This lawsuit also seeks to compel the Defendants to comply with federal laws, rules, and regulations, so that Officer Johnson and others may communicate with ICE, rather than allow the Defendants to turn a blind eye to its legal and lawful obligations by prohibiting such communication with the expectations that one day the United States Congress will modify existing U.S. immigration laws to conform with Defendants current practices, policies, and procedures. It is clear such modifications, if any, will not occur in the near future. Therefore, the Defendants' practices, policies, and procedures must cease and desist.

RELATED TERMS: public employment, first amendment rights of public employees, officers, public policy change through litigation, police and policing, state vs. federal responsibility in immigration control and enforcement, undocumented aliens, legal and illegal aliens, police discipline, chain of command, insubordination, suing the boss, whistle-blowing, advocacy of public policy, use of lawsuits to affect public policy.

Sunday, September 20, 2009

September 2009 Houston [14th Dist] Court of Appeals Opinions


September 29, 2009

Civil Causes Decided:

In Interest of EBLG et al (Tex.App.- Houston [14th Dist.] Sep. 29, 2009)(Seymore)
(
family court mediation and arbitration, numerous challenges to arbitration and arbitrator's decision,
attempted recusal of arbitrator, consideration of family violence, appropriateness of mediation)
AFFIRMED: Opinion by
Justice Seymore
Before Chief Justice Hedges, Justices Seymore and Sullivan
14-06-01095-CV In the Interest of E.B.L.G, H.L.L.G, and N.L.G.
Appeal from 257th District Court of Harris County
Trial Court Judge:
Judy L. Warne

Rodarte v. Investeco Group, LLC (Tex.App. - Houston [14th Dist.] Sep. 29, 2009)(Brown)
AFFIRMED: Opinion by Justice Brown
Before Justices Frost, Brown and Boyce
14-08-00093-CV Victor Rodarte v. Investeco Group, LLC.; Morad Mekhail, Individually and as Trustee of
Certain Real Property and Vincent Rodriguez
Appeal from 157th District Court of Harris County
Trial Court Judge: Randy Wilson
Concurring Opinion by Justice Frost in Victor Rodarte v. Investeco Group, LLC.; Morad Mekhail,
Individually and as Trustee of Certain Real Property and Vincent Rodriguez


September 24, 2009

Civil Causes Decided:

Badaiki v. Tia Smith, Overhaulin Tow Company (Tex.App.- Houston [14th Dist.] Sep. 24, 2009)(per
curiam) (
nonconsent tow of vehicle, tow hearing in Justice court, appeal from JP court)
AFFIRMED: Per Curiam
Before Justices Brock Yates, Frost and Brown
14-08-00224-CV Fidelis Badaiki v. Tia Smith, Rita Casey, Overhaulin Tow Company
and West Houston Auto Storage
Appeal from County Civil Court at Law No 3 of Harris County
Trial Court Judge:
Linda Storey

Giddings v. FIA Card Services, N.A. f/k/a MBNA America Bank (Tex.App.- Houston [14th Dist.] Sep. 24,
2009)(per curiam) (appeal moot because trial court granted motion for new trial)
DISMISSED: Per Curiam
Before Justices Brock Yates, Frost and Brown
14-09-00542-CV Gary Giddings v. FIA Card Services, N.A. fka MBNA America Bank
Appeal from
152nd District Court of Harris County

September 22, 2009

Civil Causes Decided:

In Interest of ADS, Jr. (Tex.App.- Houston [14th Dist.] Sep. 22, 2009)(Seymore) (Attorney General child support enforcement; no credit against judgment on arrears for time obligor parent was in jail, contempt order for failure to pay child support not challenged)
AFFIRMED AS MODIFIED: Opinion by
Justice Charles Seymore
Before Justices Brock Yates, Seymore and Brown
14-08-00147-CV In the Interest of A.D.S, Jr.
Appeal from County Court at Law No 2 of Galveston County
Trial Court Judge: Mary Nell Crapitto

Britt v. Jones (Tex.App.- Houston [14th Dist.] Sep. 22, 2009)(Frost)
AFFIRMED: Opinion by Justice Frost
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-08-00331-CV Anthony Britt v. James B. Jones and James B Jones, III Family Limited Partnership
Appeal from 163rd District Court of Orange County
Trial Court Judge: Judge Dennis Powell

Kerr v. Kerr (Tex.App.- Houston [14th Dist.] Sep. 22, 2009)(Yates) (post-divorce enforcement of property division, no modification of substance of decree)
AFFIRMED: Opinion by
Justice Brock Yates
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-08-00529-CV In The Matter of the Marriage of Don Scott Kerr and Gabriella A. Kerr
Appeal from 246th District Court of Harris County
Trial Court Judge:
Jim York

Hawkins, MD v. Herrera (Tex.App.- Houston [14th Dist.] Sep. 22, 2009)(Sullivan) (interlocutory appeal of denial of motion to dismiss in med-mal suit; failure to preserve error by obtaining a ruling from the trial court)
AFFIRMED: Opinion by
Justice Sullivan
Before Chief Justice Hedges, Justices Seymore and Sullivan
14-09-00142-CV Kimberly Hawkins, M.D. v. Alberto and Amy Herrera
as next friends of Tiana Herrera, A Minor
Appeal from 80th District Court of Harris County
Trial Court
Judge: Larry Weiman


September 17, 2009

Civil Causes Decided:

MBP Corp. v. Board of Trustees of the Galveston Wharves (Tex.App.- Houston [14th Dist.] Sep. 17, 2009)(Sullivan) (takings claim rejected, governmental immunity, waiver-by-conduct exception rejected)
AFFIRMED: Opinion by
Justice Sullivan
Before Justices Hudson, Guzman and Sullivan
14-07-01064-CV MBP Corp. v. Board of Trustee of the Galveston Wharves; and The Galveston Port Facilities Corporation Appeal from 212th District Court of Galveston County
Trial Court Judge:
Susan Elizabeth Criss

Lefoumba v. Legend Classic Homes, Ltd (Tex.App.- Houston [14th Dist.] Sep. 17, 2009) (Sullivan) (challenge to arbitration award that reduced attorney's fees rejected) )(confirmation / modification /vacature of arb award)
AFFIRMED: Opinion by
Justice Kent Sullivan
Before Justices Seymore, Brown and Sullivan
14-08-00243-CV Claude Lefoumba v. Legend Classic Homes, Ltd and Legend Home Corp.
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court Judge:
Jacqueline Lucci-Smith

Brazoria County v. Gelder (Tex.App.- Houston [14th Dist.] Sep. 17, 2009) (Sullivan)
(
Texas Tort Claims Act, dangerous road condition, no waiver of immunity)
REVERSED AND RENDERED: Opinion by
Justice K. Sullivan
Before Justices Seymore, Brown and Sullivan
14-08-01092-CV Brazoria County v. Kym Van Gelder
Appeal from 239th District Court of Brazoria County
Trial Court Judge: Patrick Edward Sebesta

Smith v. State of Texas (Tex.App.- Houston [14th Dist.] Sep. 17, 2009) (inmate suit dismissed)
AFFIRMED: Per Curiam
Before Justices Anderson, Guzman and Boyce
14-09-00057-CV Trent Alvon Smith v. The State of Texas, Nathaniel Quarterman, Alfred C. Janicek, Jr.,
Michael D. Barnett, Kenzie A. Bond, and Pedro M. Boykin
Appeal from 278th District Court of Walker County
Name of trial court judge not shown on appellate docket

Guetersloh v. Guetersloh (Tex.App. - Houston [14th Dist.] Sep. 17, 2009)(per curiam)
(
untimely notice of appeal)
DISMISSED 9/17: Per Curiam
Before Justices Brock Yates, Frost and Brown
14-09-00314-CV Michael Fred Guetersloh, Jr. v. James Graig Guetersloh
Appeal from
151st District Court of Harris County

September 15, 2009

Civil Causes Decided:

U.S. Bank N.A. v. Stanley (Tex.App.- Houston [14th Dist.] Sep. 15, 2009)(Brown)
(do company directors owe fiduciary duty to creditors?) (Delaware law applied)
AFFIRMED: Opinion by Justice Brown
Before Justices Seymore, Brown and Sullivan
14-08-00567-CV U.S. Bank National Association, a National Banking Association, as Liquidating Trustee v. John R. Stanley, Walter S. Piontek, Ted E. Davis, Ronald H. Benson, R. Gerald Bennett, and John Does I-X Appeal from 133rd District Court of Harris County
Trial Court Judge:
LAMAR MCCORKLE

September 10, 2009

Civil Causes Decided:

Lerner, MD v. First Commerce Bank (Tex.App.- Houston [14th Dist] Sep. 10, 2009)(Yates)
(
claim based on bank's failure to honor check time-barred, 4-year statute of limitations for breach of contract)
AFFIRMED: Opinion by
Justice Brock Yates
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-07-01084-CV Marvin W. Lerner, MD v. First Commerce Bank
Appeal from County Court at Law No 3 & Probate Court of Brazoria County
[Name of trial court judge not shown on the docket]

Cantu v. Dominguez (Tex.App.- Houston [14th Dist] Sep. 10, 2009)(Brown)
(
vix lit no security posted, lawsuit against attorney, jurisdictional limits of county court)
AFFIRMED: Opinion by
Justice Brown
Before Justices Seymore, Brown and Sullivan
14-08-00156-CV Tony Cantu and Elsa Cantu v. Ben Dominguez
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court Judge:
Roberta Anne Lloyd

Sico North America, Inc. v. Willis (Tex.App.- Houston [14th Dist] Sep. 10, 2009)(Boyce)
(
choice of law when not agreed to in contract, statute of repose, products liability, defective folding table used in schools, amputation of finger caught between panels)
AFFIRMED: Opinion by
Justice Boyce
Before Justices Anderson, Guzman and Boyce
14-08-00158-CV Sico North America, Inc v. James R. Willis Individually, and as Next Friend of John Willis
Appeal from 334th District Court of Harris County
Trial Court Judge:
Sharon McCally

Southern Chemical Corp. v. Celanese, Ltd. (Tex.App.- Houston [14th Dist] Sep. 10, 2009)(Sullivan) (contract interpretation, contract ambiguous, ambiguity creates fact issue which is not proper for resolution by summary judgment; summary judgment reversed and case remanded for further proceedings)
REVERSED AND REMANDED: Opinion by
Justice Sullivan
Before Justices Seymore, Brown and Sullivan
14-08-00348-CV Southern Chemical Corporation v. Celanese, LTD
Appeal from 190th District Court of Harris County
Trial Court Judge:
Patricia J Kerrigan

Losier v. Ravi, M.D. (Tex.App.- Houston [14th Dist] Sep. 10, 2009)(Brown)
(
res ipsa loquitur, complaint of improper conduct of juror overruled, communication with party's agent outside the courtroom)
AFFIRMED: Opinion by
Justice Brown
Before Justices Seymore, Brown and Sullivan
14-08-00399-CV Orville Losier and Wife Joelle Losier v. Shivarajpur K. Ravi, M.D., and Ambika Medical Group, P.A.
Appeal from 129th District Court of Harris County
Trial Court Judge:
Samuel Grant Dorfman

Neely v. Commission for Lawyer Discipline (Tex.App.- Houston [14th Dist] Sep. 10, 2009)(Frost) (commingling of funds, use of IOLTA trust account for personal and business expenses)
(admission of bank records issue, improper subpoena)
AFFIRMED: Opinion by
Justice Frost
Before Justice Frost
14-08-00526-CV George R. Neely v. Commission for Lawyer Discipline
Appeal from 164th District Court of Harris County
Trial Court Judge: Jack Hollis Robison

McNeill v. AMEX (Tex.App.- Houston [14th Dist.] Sep. 10, 2009)(per curiam)
(
appeal mooted by trial court's grant of motion to reconsider the summary judgment)
DISMISSED: Per Curiam
Before Chief Justice Hedges, Justices Seymore and Sullivan
14-09-00691-CV Kenneth McNeil v. American Express Centurion Bank
Appeal from
County Civil Court at Law No 2 of Harris County

In Re A&P Transportation Co., Inc. (Tex.App.- Houston [14th Dist] Sep. 10, 2009)(per curiam denial) (compulsory counterclaim, not same deadline as for filing answer to original petition & citation)
MOTION OR WRIT DENIED: Per Curiam
Before Justices Brock Yates, Frost and Brown
14-09-00729-CV In Re A&P Transportation Co., Inc., Clayton Allen Potter, Toby Allen Potter, T.A. Potter Management, LLC, and Superior Nationwide Logistics, Ltd.
Appeal from 133rd District Court of Harris County
Trial Court Judge:
Jaclanel McFarland

September 3, 2009

Civil Causes Decided:

In Re Boxer Property Management Corp. (Tex.App.- Houston [14th Dist.] Sep. 3, 2009)(Boyce)
(
discovery mandamus granted)
MOTION OR WRIT GRANTED: Opinion by
Justice Boyce
Before Justices Anderson, Guzman and Boyce
14-09-00579-CV In Re Boxer Property Management Corporation and 9343 North Loop, L.P.
Appeal from 133rd District Court of Harris County
Trial Court Judge:
Jaclanel McFarland

In Re Kastner (Tex.App..- Houston [14th Dist.] Sep. 3, 2009)(per curiam) (mandamus denied re indigency sought to be established with affidavit, discovery stay in the trial court)
MOTION OR WRIT DENIED: Per Curiam Opinion
Before Justices Brock Yates, Frost and Brown
14-09-00653-CV In Re Kristofer Thomas Kastner
Appeal from 189th District Court of Harris County
Trial Court Judge:
Hon. William R. Burke. Jr.

September 1, 2009

Civil Causes Decided:

In Interest of MV, MV and EV (Tex.App.- Houston [14th Dist.] Sep. 1, 2009)(Yates)
(
child support arrearage based on nunc-pro-tunc judgment, amount of child support had not been filled in on the original order) (effective date of nunc pro tunc judgment as to support amount) (clerical error vs. judicial error, NPT order adding monthly amount to blank space on decree not deemed judicial error) (void judgments and orders)
AFFIRMED: Opinion by
Justice Brock Yates
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-08-00418-CV In the Interest of M.V, M.V. and E.V.
Appeal from 311th District Court of Harris County
Trial Court Judge:
DOUGLAS C. WARNE

Brown v. Green (Tex.App.- Houston [14th Dist.] Sep. 1, 2009)(Hedges)
(
legal malpractice, breach of fiduciary duty) (summary judgment for defendant affirmed)
AFFIRMED: Opinion by
Chief Justice Hedges
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-08-00592-CV Willard E. Brown III v. George Maynard Green and Sheehy, Lovelace & Mayfield, P.C.
Appeal from 74th District Court of McLennan County (name of judge not shown on docket)

In Re Smotherman (Tex.App.- Houston [14th Dist.] Sep. 1, 2009)(per curiam mandamus denial) (mandamus petition was defective, errors to avoid when filing a petition for writ of mandamus)
MOTION OR WRIT DENIED: Per Curiam
Before Justices Brock Yates, Frost and Brown
14-09-00692-CV In Re David Smotherman
Appeal from 434th Judicial District Court of Fort Bend County