Nugent v. State of Texas (Tex.App.- Houston [1st Dist.] Oct 12, 2006)(Bland)(criminal case) [real estate scam, theft, restitution] MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Bland (Before Chief Justice Radack, Justices Alcala and Bland) 01-05-00775-CR Richard Lawrence Nugent v. The State of Texas Appeal from 228th District Court of Harris County We hold that the record supports the restitution ordered by the trial court, and that the trial court’s order does not require Nugent to pay restitution for crimes for which he was not charged. The trial court thus did not abuse its discretion in ordering Nugent to pay $124,310.50 in restitution as a condition of his community supervision. In addition, the trial court abuse its discretion in ordering Nugent to cooperate with the authorities in clearing the titles to the real properties at issue in this case, as this provision does not order restitution beyond the amount reflected in the trial court’s order and supported by the record. We therefore affirm the judgment of the trial court as modified.
In Re Margaret Williams (Tex.App.- Houston [14th Dist.] Aug. 31, 2006)(per curiam) [mandamus sought re: lifting of lis pendens] MOTION OR WRIT DENIED: Per Curiam Before Justices Anderson, Edelman and Frost) 14-06-00186-CV In Re Margaret Williams and Margott Williams. Next Friend of Matthew Williams Appeal from 152nd District Court of Harris County (Judge Ken Wise)
Hawk v. Estate of Hawk (Tex.App.- Houston [14th Dist.] Aug. 24, 2006)(Guzman) [estate dispute, breach of fiduciary duty alleged, BoFD] AFFIRMED: Opinion by Justice Guzman Before Chief Justice Hedges, Justices Brock Yates and Guzman 14-05-01057-CV Bryce Grafton Hawk v. Estate of Thelma Hawk (Deceased), William F. Hawk, Individually and as Independent Executor of the Estate of Thelma Hawk (Deceased) Appeal from 239th District Court of Brazoria County (Judge Patrick Edward Sebesta) Chapman v. Olbrich (Tex.App.-Houston [14th Dist.] June 29, 2006)(Frost) [home sale, order granting specific performance affirmed] AFFIRMED: Opinion by Justice Kem Frost Before Justices Hudson, Frost and Seymore) 14-05-00056-CV James and Patricia Chapman v. Doug and Eleanor Olbrich Appeal from 157th District Court of Harris County Dissenting Opinion by Justice Hudson
Ortiz v. Collins (Tex.App.–Houston [14th Dist.] July 6, 2006)(substituted opinion on motion for reh’g)(Yates) [real estate transaction, foreclosure, forcible detainer and entry, FDE, eviction, fraud, breach of contract, BoC, statute of frauds, promissory estoppel, statute of frauds, DTPA, counterclaim for attorneys fees, finality] AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Brock Yates Before Justices Brock Yates, Anderson and Mirabal) 14-04-01156-CV Robert Ortiz v. Andrew Collins, Tim Welsh and Jerel S. Twyman Appeal from 295th District Court of Harris County (Judge Tracy Kee Christopher) Concurring Opinion by Justice Mirabal