Reported Decisions
 
  • 1946 Cooper Petroleum Co. v. Coghill, 198 S.W.2d 616 (Tex.Civ.App.-Galveston, 1946). In an employment contract suit, a question arose as to whether or not a contract was made between employee and employer.

  • 1947 Willingham v. Humble Oil & Refining Co., 202 S.W.2d 955 (Tex.Civ.App.-Galveston, 1947). In an action on a verified account for goods allegedly sold and delivered, the appellant contested the trial court's accuracy in overruling their plea of privilege even though the plaintiff was not specific enough about the subdivision they were seeking venue.

  • 1949 Trahan v. Marvin Distributing Corp., 222 S.W.2d 1021 (Tex.Civ.App.-Galveston, 1949). At issue in an action to recover purchase price of goods sold, is whether or not the trial court was correct in overruling defendant's plea of privilege as a result of the defendant's lack of response to plaintiff's complaint.

  • 1951 Fidelity & Deposit Co. of Md. v. Big Three Welding Eq. Co., 244 S.W.2d 543 (Tex.Civ.App.-Galveston, 1951). Interpleader suit whereby appellants contested trial court's judgment against them on grounds that appellees did not follow Article 5160 and one of the appellee's case was not tried with their consent.

  • 1951 Hampshire Silver Co. v. Hill, 244 S.W.2d 520 (Tex.Civ.App.-Galveston, 1951). At issue in an action to recover payment due for goods sold and delivered, is the trial court's accuracy in rendering judgment in favor of the appellee as a result of the appellant's failure to comply with statute of intrastate commerce.

  • 1951 Dutch Mill Gardens v. J.J. Grullemans & Sons, N.V. of Lisse, Holland, 238 S.W.2d 232 (Tex.Civ.App.-Galveston, 1951). Breach of contract case involves a question of correctness in the trial court's decision against the appellant, making them liable for payment of defective flower bulbs that they purchased from the appellee.

  • 1951 A.J. Hill Co. v. Tex-Tan of Yoakum, 235 S.W.2d 945 (Tex.Civ.App.-Galveston, 1951). Dispute over the accuracy of a trial court's default judgment against an appellant despite officer's error on service of citation to him in a civil action.

  • 1952 Southwest Fabricating & W. Co. v. Gray Electronics, 248 S.W.2d 961 (Tex.Civ.App.-Galveston, 1952). In an action to recover payment due for labor and materials, a question arose as to whether or not the trial court's findings of fact supported judgment against the appellant.

  • 1953 Winkler Drive L. Co. v. Edgar Von Scheele & Co., 261 S.W.2d 479 (Tex.Civ.App.-Galveston, 1953). In an action to recover for merchandise allegedly sold and delivered, appellants found error in the trial court's ruling against them due to the court's postponed decision after both sides had rested

  • 1953 Ellington v. Floyd, 255 S.W.2d 948 (Tex.Civ.App.-Galveston, 1953). Child custody case involves a question of venue in a new custody for a minor suit after custody had been adjudicated in prior divorce suit.

  • 1957 Minella v. Phillips, 245 F.2d 687, 65 A.L.R.2d 994 (5th Cir.(Tex.), 1957). Bankruptcy proceeding whereby an appellant sought relief from judgments of the bankruptcy court and U.S. District court, in which the bankrupt was not discharged from his debts to the appellee.

  • 1960 Consolidated General Products Inc. v. Cater, 336 S.W.2d 639 (Tex.Civ.App.-Austin, 1960). Appellant contested the trial court's decision awarding appellee relief from payments owed to the appellant as a result of alleged prior oral agreement between appellee (buyer) and appellant (seller) which influenced the appellee's decision to sign a written contract.

  • 1960 Rosenthal v. American Photocopy Equipment Co., 333 S.W.2d 448 (Tex.Civ.App.-Houston, 1960). In an action to recover price of materials sold, appellants found error with the trial court's overruling of their plea in abatement which asserted that the appellee could not maintain a suit in Texas because it was a foreign corporation practicing business in Texas without its required permit.

  • 1961 Manford v. Kelley Mfg. Co., 350 S.W.2d 209 (Tex.Civ.App.-Houston, 1961). Action on an account that involves a dispute over a signed invoice used to establish venue.

  • 1965 Hardin v. James Talcott Western, Inc., 390 S.W.2d 517 (Tex.Civ.App.-Waco, 1965). At issue in an action to recover purchase price of merchandise described in a purchase order, is the trial court's accuracy in accepting parol evidence and removing appellee's liability for purchase price of merchandise as a result of the order's incompleteness.

  • 1965 Sports Specialties, Inc. v. James Talcott Western, Inc., 389 S.W.2d 357 (Tex.Civ.App.-Waco, 1965). Civil action in which appellants complained of the court's denial of their pleas of privilege.

  • 1966 Texas Belting & Mill Supply Co. v. C.R. Daniels, Inc., 401 S.W.2d 157 (Tex.Civ.App.-Houston, 1966). In a suit of sworn account, a question of accuracy arose on the trial court's decision whereby the appellee was not bound by a second creditor's agreement after all creditors did not approve the first.

  • 1967 Trahan v. Federal Sign Company of Texas, 412 S.W.2d 814 (Tex.Civ.App.-Houston, 1967). Appellant sought relief in a breach of contract suit from an alleged trial court error whereby the court did not base its judgement on the written contract and did not base appellant's recovery on quantum meruit.

  • 1969 Wortham v. Lachman-Rose Co., 440 S.W.2d 351 (TexCivApp.-Hous (1 Dist.), 1969). In a breach of directors duties suit, appellants disagreed with trial court's value of their inventory and its basis on the trust fund doctrine for its judgment against them.

  • 1970 Harrison v. Leasing Associates, Inc., 454 S.W.2d 808 (TexCivApp-Hous ( 14 Dist.), 1970). Appellant sought reversal of trial court's summary judgment in suit on a promissory note as a result of genuine issues of material fact.

  • 1970 Brown v. Leasing Associates, Inc., 453 S.W.2d 863 (TexCivApp.-Hous (1 Dist.), 1970). Suit on written car lease contract whereby appellant complains that trial court erred in its decision because the appellee failed to show they abided by the contract.

  • 1972 Ideal Builders Hardware Co. v. Cross Const. Co., Inc., 491 S.W.2d 228, 12 UCC Rep.Serv. 294 (TexCivApp.-Hous (1 Dist.), 1972). In a suit on an open account, a question of accuracy arose on trial court's decision to grant the appellee's summary judgment but deny that of the appellant.

  • 1973 Gulledge v. Greif Bros. Corp., 499 S.W.2d 745 (TexCivApp.-Hous (1 Dist.), 1973). Breach of contract suit in which the appellant found fault with the trial court's judgment that found them liable for repairs to a railroad spur track.

  • 1973 Manes Const. Co., Inc. v. Wallboard Coatings Co., Inc., 497 S.W.2d 334 (TexCivApp-Hous (14 Dist. 1973). Appellants contested trial court's JNOV against them in a civil action suit as result of trial court's failure to consider federal laws.

  • 1973 Lyon Van Lines, Inc. v. Ogden, 503 S.W.2d 632 (TexCivApp.-Hous (1 Dist.), 1973). In an action by carriers to recover charges for transporting household goods, the accuracy of trial court's judgment whereby owners of the household were relived from payment of those charges to the carriers is questioned.

  • 1975 Silver Threads, Inc. v. Insurance Co. of North America, 530 S.W.2d 874 (TexCivApp.-Hous (1 Dist.), 1975). An action brought by insurer to recover additional premiums due under workmen's compensation insurance policy in which the defendant appealed on the grounds of estoppel, waiver and mutual mistake.

  • 1976 Joyner v. Alban Group, Inc., 541 S.W.2d 292 (TexCivApp.-Hous (1 Dist.), 1976). Appellant in a sworn account suit disagreed with the trial court's rendering of judgment against him individually and as a corporation.

  • 1976 Whittenburg v. Cessna Finance Corp., 536 S.W.2d 444 (Tex.Civ.App.-Hous (1 Dist.), 1976). Suit on promissory note in which the appellant appealed on grounds that the appellee did not prove it was the holder of the note. 

  • 1979 Light v. Verrips, 580 S.W.2d 157 (TexCivApp-Hous (1 Dist.), 1979). Writ of error suit whereby debtor sought to overturn trial court's default judgment as a result of failure to follow statute authorizing substituted service.

  • 1979 Zemaco, Inc. v. Navarro, 580 S.W.2d 616 (Tex.Civ.App.-Tyler, 1979). Appellants in a sworn account suit disagreed with the trial court's judgment against them as a result of the appellee's failure to provide an adequate answer and request reasonable attorney's fees.

  • 1981 CF & I Steel Corp. v. Pete Sublette and Co., 623 S.W.2d 709 (TexCivApp.-Hous (1 Dist.), 1981). Manufacturer's suit against a distributor on a series of notes and a guaranty agreement in which the manufacturer appealed on trial court's decision against it on grounds of improper burden of proof and insufficient evidence.

  • 1981 In re Stratford of Texas, Inc., 635 F.2d 365, 7 Bankr.Ct.Dec. 813 (5th Cir.(Tex.), 1981). In the district court's interpretation of a "Consolidated Plan of Arrangement," appellants opposed trial court's assignment of creditors as class four creditors.

  • 1981 Gordy v. Morton, 624 S.W.2d 705 (Tex.App.-Hous. (14 Dist.), 1981).Title action whereby the appellants sought relief from trial court's overturning their Motion for Continuance.

  • 1982 Edwards v. Sea-Land Services, Inc., 678 F.2d 1276, 110 L.R.R.M. (BNA) 3029, 94 Lab.Cas. P 13, 692 (5th Cir.(Tex.), 1982). In a breach of collective bargaining agreement and breach of fair representation suit, a question arose as to which statute or statutes of limitation was applicable.

  • 1983 Edwards v. Sea-Land Service, Inc., 720 F.2d 857, 114 L.R.R.M. (BNA) 3663, 99 Lab.Cas. P 10, 615 (5th Cir.(Tex.), 1983). Discharged employees filed suit on breach of collective bargaining and violation of duty for fair representation by union and appealed on the trial court's dismissal of their claims for untimeliness.

  • 1983 Bangor Punta Acceptance Corp. v. Palm Center R.V. Sales, Inc., 661 S.W.2d 237 (Tex.App.-Hous. (1 Dist.), 1983). In a creditor's suit to recover on promissory note made by dealer's agent, appellants sought relief from the trial court's refusal to accept their evidence and the judgment against them.

  • 1984 The Atrium v. Kenwin Shops of Crockett, Inc., 666 S.W.2d 315 (Tex.App.-Hous. (14 Dist.), 1984). Appellants dissented with the trial court's denial of their Motion for Summary Judgement in their suit seeking to nullify letter agreement between themselves and a tenant.

  • 1984 Cessna Finance Corp. v. Morrison, 667 S.W.2d 580 (Tex.App.-Hous. (1 Dist.), 1984). In a suit to recover secured debt from an estate, the appellant contended with the trial court's granting of the Administrator's Counterclaim for Usury and opposed its classification of its claim as a preferred debt and lien.

  • 1985 In re Coral Petroleum, Inc., 50 B.R. 830, 42 UCC Rep.Serv. 1001 (Bankr.S.D.Tex., 1985). Debtor sought a declaratory judgment that would void a lien on a promissory note held by a bank.

  • 1985 Freeman v. Northwest Acceptance Corp., 754 F.2d 553, 1 Fed.R.Serv.3d 1146 (5th Cir.(Tex.), 1985). Diversity action against a corporation for conversion of gravel in which appellants raised question as to the qualification of the trial court to try the case.

  • 1986 Bain v. James Cain Co., 715 S.W.2d, 421 (Tex.App.-Texarkana, 1986). At issue in a suit on violation of DTPA is the trial court's accuracy in a directed verdict against appellants and the jury's answer to special issue #7.

  • 1986 Mercure Co., N.V. v. Rowland, 715 S.W.2d 677 (Tex.App.-Hous. (1 Dist.), 1986). Suit against a commercial lessee for unpaid rent whereby appellants sought to overturn the trial court's dismissal of the case because of their perceived abuse of the court's discretion.

  • 1986 In re Coral Petroleum, Inc., 60 B.R. 377 (Bankr.S.D. Tex., 1986). At issue in a proposed plan of reorganization is whether contingent portion of claims to defendants should be allowed to be voted on.

  • 1986 Cain v. Bain, 709 S.W.2d 175 (Tex., 1986). Petitioners petitioned Supreme Court for writ of error on appellate court's standard of review in a DTPA violation suit.

  • 1986 Maurer v. Western Gulf Sav. & Loan Ass'n, 705 S.W. 2d 736 (Tex.App.-Hous. (1 Dist.), 1986). Maker of a promissory note contended with trial court's denial of his Motion for New Trial after Default Judgment was issued on his promissory note.

  • 1987 ITT Diversified Credit Corp. v. First City Capital Crop., 737 S.W.2d 803, 4 UCC Rep.Serv.2d 927 (Tex., 1987). In a declaratory suit to determine who has the superior interest on a lien, appellant appealed appellate court's affirmation of trial court's decision giving the superior interest to the appellee.

  • 1988 In re San Jacinto Glass Industries, Inc., 93 B.R. 934, Bankr. L. Rep. P 72, 539, 3 Tex. Bankr. Ct. Rep. 121 (Bankr.S.D.Tex., 1988). At issue in a Bankruptcy proceeding is should a creditor's Motion for Authority to Sell Personal Property be granted.

  • 1988 Cranetex, Inc. v. Precision Crane & Riggins of Houston, Inc., 760 S.W.2d 298 (Tex.App.-Texarkana, 1988). In an action to collect for repairs to a crane, appellants appealed the trial court's decision relieving appellee from liability of crane's repairs.

  • 1988 Design Center Venture v. Overseas Multi Projects Corp., 748 S.W.2d 469 (Tex.App.-Hous. (1 Dist.), 1988). Appellants sought reversal of the trial court's award of tenant damages, permanent enjoinment of landlord, reimbursement of rent paid and attorneys fees to appellee in a wrongful dispossession, breach of lease and violation of Property Code suit.

  • 1989 Thywissen v. Cron, 781 S.W.2d 682 (Tex.App.-Hous. (1 Dist.), 1989). In a suit for breach of contract, breach of fiduciary duty and fraud, the appellant appealed the trial court's decision on grounds that the court's rendering of the jury's finding of accord and satisfaction as immaterial was incorrect.

  • 1991 In re Action Roofing & Supply Co., 137 B.R. 217 (Bankr.S.D.Tex., 1991). Dispute over whether or not Chapter 11 debtor was correct in instituting a preference action arose in a bankruptcy proceeding.

  • 1991 F.D.I.C. v. Cheng, 787 F.Supp. 625 (N.D.Tex., 1991). At issue in this securities fraud action is the subject matter jurisdiction pursuant to Federal Tort Claims Act.

  • 1992 Conaway v. Control Data Corp., 955 F.2d 358, 58 Fair Empl. Prac. Cas. (BNA) 398, 58 Empl. Prac. Dec. P 41, 343, 7 IER Cases 408 (5th Cir.(Tex.), 1992). Terminated employee brought suit for intentional infliction of emotional distress, breach of contract, and age discrimination and appealed the trial court's JNOV on grounds of Texas recognition of similar claims, sufficient evidence and that his claim was not time barred.

  • 1993 FDIC v. Cheng, 832 F.Supp. 181 (N.D. Tex., 1993). FDIC brought suit against brokerage firm on charges of federal and state securities fraud, common-law fraud, breach of contract, breach of fiduciary duty and negligence in which it moved to strike opposing party's affirmative defenses.

  • 1993 Greenwood v. Tillamook Country Smoker, Inc., 857 S.W.2d 654 (Tex.App.-Hous. (1 Dist.), 1993). Dispute over jurisdiction and interpretation of a forum selection clause in a breach of contract and fraud suit.

  • 1993 Additive Control & Measurement Systems, Inc. v. Flowdata, Inc., 1994 WL 425107, 29 U.S.P.Q.2d 1890 (S.D.Tex., May 28, 1993). Business disparagement action whereby counter-claimant sought damages for patent infringement.

  • 1994 Schultea v. Wood, 27 F3d 1112 (5th Cir.(Tex.), August 9, 1994). § 1983 action whereby the appellant sought to overturn trial court's denial of Motion to Dismiss on qualified immunity grounds.

  • 1995 Blakeney v. Baker Hughes, Inc., 50 F.3d 1032 (5th Cir. (Tex.1995), affirmed without opinion), certiorari denied 516 U.S. 819, 116 S.Ct. 77, 133 L.Ed.2d 36, 64 USLW 3220, 64 USLW 3240(1995). This was the appeal of Case No. CA-H-93-2668 from the Southern District of Texas and was handled by John Mayer of our office. The case was brought under the Older Workers Benefit Protection Act. Our client, Baker Hughes, was granted a summary judgment, which was appealed to the Fifth Circuit. The Fifth Circuit affirmed without writing an opinion. The writ of certiorari was denied by the US Supreme Court.

  • 1995 Schultea v. Wood, 47 F.3d 1427, 63 USLW 2564, 31 Fed.R.Serv.3d 298, 10 IER Cases 623 (5th Cit.(Tex.), March 9, 1995). § 1983 action in which a question arose as to trial court's accuracy in denying of Defendants' Motion to Dismiss Due Process Claim and First Amendment Claim because their pleadings were based solely on conclusions.

  • 1996 Burrhus v. M&S Supply, Inc., 933 S.W.2d 635(Tex.App.-San Antonio, September 18, 1996). Dispute over a trial court's legitimacy in denying the appellant's Motion to Exclude Expert's Testimony and Motion for a New Trial in a wrongful death action.

  • 1996 CSR Ltd. v. Link, 925 S.W.2d 591, Prod.Liab.Rep.(CCH) P 14,666, 39 Tex. Sup.Ct.J.767(Tex., June 14, 1996). Appellants sought writ of mandamus on trial court for its denial of special appearance in a mass tort litigation case.

  • 1997 O'Quinn v. Moody, 97 WL 45199 (Tx. App.-Hous.(14 Dist.) Feb. 06, 1997) (No.14-96-00041-CV). Appellants challenged trial court's summary judgment in favor of garnishees on grounds that appellants' answers and Motion to Quash Writ constituted a waiver of objection to jurisdiction, Rule of Civil Procedure governing appearances applies to this suit, and opposed the award of attorney's fees.

  • 1998 Macias v. Texas Property & Cas. Ins. Guar. Ass'n, 974 S.W.2d 381(Tex.App.-San Antonio, June 17, 1998). Workers' comp. suit whereby the appellant sought to overturn trial court's judgment against him on grounds of inadequate summary judgment, no estoppel, and his compromise settlement agreement.

  • 1999 Lopez v. Texas Property & Cas. Ins. Guar. Ass'n, 990 S.W.2d 504 (Tex.App.-Austin, April 29, 1999). Action on a commercial automobile liability policy in which the appellants sought to overturn trial court's approval of summary judgment on grounds that the appellees waived their contractual defenses.

  • 2000 McGruder v. Will, 204 F.3d 220 (5th Cir.(Tex.), February 10, 2000). In a dispute over deputies and a warehouseman's refusal to return personal belongings to evicted tenants, appellants disagreed with trial court's summary judgment in favor of the defendants on grounds of violation to their Due Process and First Amendment rights.

  • 2000 Triplex Marine Maintenance, Inc. 258 B.R.659 (Bankr.E.D.Tex., November 13, 2000). Chapter 7 Trustee appealed Bankruptcy court's approval of appellees' Motion for Relief from Automatic Stay in a dispute over a lease disguised as security agreement.

  • 2001 Old Kent Leasing v. McEwen 38 SW3d 200, (Tex. App.-Houston [14th], 2001) A special appearance won on appeal reversing the lower court on minimum contacts.

  • 2001 Stanley v. Hickman, 2001 WL 1249645. The trial court's refusal to compel the appellee to accept appellant's non-cash bid for their car sale was upheld in appellant's abuse of discretion challenge on appeal.

  • 2002 Pankau v. Pack, 2002 WL 1721806. The trial court's judgment upholding a promissory note against appellants in summary judgment withstood the appellants' attacks on appeal.

  • 2007 Houston Chronicle Pub. Co. v. City of League City, Tex., 488 F.2d 613 (5th Cir. 2007). In an action challenging the constitutionality of a municipality’s street vendor ordinance, appellant city successfully obtained a decision overturning the trial court’s finding that such ordinance was unconstitutional.

  • 2008 State v. Balesha, __ S.W.3d __, 273 S.W.3d 694 (Tex.App.–Houston [14th Dist.] 2008). Successful appeal of trial court’s denial of the plea to the jurisdiction filed on behalf of City on inverse condemnation case. Appellate court reversed and rendered in favor of City.

  • 2008 In re Smith, 397 B.R. 810 (Bankr. E.D.Tex. 2008). Court upheld Chapter 7 trustee’s action to compel disgorgement of Chapter 7 debtor’s attorney fee.

  • 2010—Evanston Insurance Co. v. Dillard Department Stores, Inc., 602 F.3d 610 (5th Cir. 2010):  On appeal, summary judgment for our client, a judgment creditor of defunct partnership, was affirmed against the partnership’s former partners.

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