Houtex Ready Mix Concrete v. Eagle Construction (Tex.App.- Houston [1st Dist.] Dec. 7, 2006)(Bland) [DTPA, frivolous suit, res judicata, attorney's fees, sanctions, bad faith] AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Bland Before Chief Justice Radack, Justices Alcala and Bland 01-05-00963-CV HouTex Ready Mix Concrete & Materials v. Eagle Construction and Environmental Services, LP--Appeal from Co Civil Ct at Law No 4 of Harris County
Courts May Draw On Inherent Power to Sanction
Mosley v. Mosley (Tex.App.- Houston [1st. Dist.] Nov. 16, 2006)(Hanks) [family law, enforcement of property division, inherent power to sanction] AFFIRM TC JUDGMENT: Justice Hanks Before Justices Nuchia, Keyes and Hanks 01-04-00425-CV Eugene Mosley v. Pamely Mosley (Davis) and Allette B. Williams Appeal from 387th District Court of Fort Bend County
Appeal of Sanctions Order Barred by Settlement
Baker v. Federal Express (Tex.App. - Houston [1st Dist.] Oct 26, 2006)(Bland) [civil procedure law, discovery, spoliation instruction, sanctions, settlement and release bars appeal of sanctions order] AFFIRM TC JUDGMENT: Justice Bland (Before Chief Justice Radack, Justices Alcala and Bland) 01-05-01160-CV Adrian Baker v. Federal Express Corporation Appeal from 164th District Court of Harris County ("We conclude that the parties’ settlement forecloses an appeal of trial court rulings relating to claims made a part of the settlement agreement and therefore affirm the order of the trial court.")
Discovery Sanctions For Harassing Deposition Questions About Extramarital Affair Affirmed
Clark v. Bres (Tex.App.- Houston [14th Dist.] Sep. 5, 2006)(Anderson) [residential construction contractors, breach of contract, counterclaims, fraud, allegedly improper jury argument, sanctions for discovery abuse, harassing questions in deposition] AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Edelman and Frost) 14-05-00482-CV John Clark III, Individually and d/b/a Celtic Constructors and Betty Stovall (KIT) Clark v. Tom Bres and Jan Bres a/k/a Jon Holzinger Appeal from 80th District Court of Harris County (Judge Kent Sullivan)
Sanctions Reversed by Higley
Graves v. Diehl (Tex.App.–Houston [1st Dist.] June 22, 2006)(Higley) [dispute between neighbors over low overflight aircraft; UDJA, nonsuit; Rule 13 sanctions reversed; award of attorney’s fees under UDJA reversed, declaratory judgment reversed, no longer a justiciable controversy] REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Hanks and Higley 01-00-00412-CV Robert Graves and Barbara Graves v. Ronald Diehl and Constance Diehl Appeal from 212th District Court of Galveston County (Hon. Susan Elizabeth Criss)
No Duplicate Relief
Long v. United Welding Supply (Tex.App.-Houston [1st Dist.] May 25, 2006)(Alcala) [untimely motion for discovery sanctions, same pre-trial conduct already basis for exemplary damages, sanctions award remanded for redetermination] AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Bland 01-03-00034-CV Robert Long d/b/a MWT v. United Welding Supply, Inc. Appeal from Co Civil Ct at Law No 1 of Harris County (Judge Jack Cagle)