-
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.
