About the Dallas Texas Court of Appeals

MEMBERSHIP OF THIS COURT

Chief Justice Linda Thomas
5th Court of Appeals
Terms ends 12/31/12
Next election: 2012

Justice Joseph B. Morris
Place 2 | 6 year term ends 12/31/12 Next election 2012

Justice Mark L. Whittington
Place 3 | 6 year term ends 12/31/08 Next election 2008

Justice Carolyn Wright
Place 4 | 6 year term ends 12/31/10 Next election 2010

Justice James Moseley
Place 5 | 6 year term ends 12/31/12 Next election 2012

Justice David L. Bridges
Place 6 | 6 year term ends 12/31/08 Next election 2008

Justice Michael J. O’Neill
Place 7 | 6 year term ends 12/31/10 Next election 2010

Justice Kerry F. Fitzgerald
Place 8 | 6 year term ends 12/31/08 Next election 2008

Justice Martin E. Richter
Place 9 | 6 year term ends 12/31/12 Next election 2012

Justice Molly Francis
Place 10 | 6 year term ends 12/31/12 Next election 2012

Justice Douglas S. Lang
Place 11 | 6 year term ends 12/31/12 Next election 2012

Justice Amos Mazzant
Place 12 | 6 year term ends 12/31/12 Next election 2012

Justice Elizabeth Lang Miers
Place 13 | 6 year term ends 12/31/12 Next election 2012

RECENTLY DENIED PETITIONS FOR REVIEW IN CASES
FROM THE DALLAS COURT OF APPEALS

07-0425
MCKINNEY INDEPENDENT SCHOOL DISTRICT v. CARLISLE GRACY LTD. AND GORDON M. GRIFFIN, JR.
REVOCABLE TRUST; from Collin County; 5th district (05 -05 -00625 -CV, 222 SW3d 878, 04-24-07, pet. denied Aug.
2008)(condemnation case)

07-0822
IN THE MATTER OF THE ESTATE OF MARY ELLEN LOGAN BENDTSEN; from Dallas County; 5th district
(05 -05 -01531 -CV, 230 SW3d 823, 07-12-07)

07-019
SOLAR SOCCER CLUB v. PRINCE OF PEACE LUTHERAN CHURCH OF CARROLLTON, TEXAS; from Collin County;
5th district (05 -06 -00130 -CV, 234 SW3d 814, 09-19-07, pet. denied Aug. 2008)(lease dispute, breach, quantum meruit
claim)

08-0017
HEWLETT-PACKARD COMPANY v. SHAUN T. MIAN CORP. D/B/A MIDWAY TOWER, IRVING L. HUMPHREY AND
CALVIN OTTE; from Dallas County; 5th district (05 -05 -00529 -CV, 237 SW3d 851, 10-08-07)(product liability law,
manufacturing defect claim, fax machine, fire)

08-0450
W.R. EDWARDS, JR. v. MID-CONTINENT OFFICE DISTRIBUTORS, L.P. AND INWOOD OFFICE FURNITURE, INC.;
from Dallas County; 5th district (05-06-01421-CV, 252 SW3d 833, 04-25-08, pet. denied Aug 2008) (claim for money
had and received)

08-0462
OUTREACH HOUSING CORPORATION/DESOTO I, LTD. v. DALLAS INDEPENDENT SCHOOL DISTRICT; from Dallas
County; 5th district (05-07-00288-CV, 251 SW3d 152, 03-25-08, pet. denied Aug 2008) (Justice Hecht not sitting)
(property tax, denial of partial property tax exemption)

07-1063
BAYLOR UNIVERSITY MEDICAL CENTER, EDMUND SANCHEZ, M.D., AND SRINATH CHINNAKOTLA, M.D. v. HAROLD
BIGGS, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF CHERI JEAN WELLS BIGGS, DECEASED,
BRANDON WELLS, AND CHER BIGGS; from Dallas County; 5th district (05-06-01104-CV, 237 SW3d 909, 11-09-07,
pet. denied Aug 2008) (HCLC, sufficiency of expert report, CoA remanded to TC to determine whether extension should
be granted to file proper report)

08-0483
MICHAEL MCLANE v. SANDRA HELENE MCLANE; from Harris County; 1st district (01-06-00634-CV, ___ SW3d ___,
05-01-08, pet. denied Aug 2008) (child support modification, child support decrease, retroactive effect, intentional
underemployment)

08-0463
KAY FRANCES WALKER, JUANITA FAYE ANDERSON-COPIER, MONA WALKER HURST, MARCIA WALKER HURST,
MARTHA DIANE WALKER, DWAYNE WALKER, JOHN WALKER AND SHARON WALKER ATWELL v. NORMA LEA
BEASLEY; from Dallas County; 5th district (05-07-00976-CV, 250 SW3d 212, 04-17-08, pet. denied July 2008) (probate
matter, amended inventory)

07-0834
EUGENE OSADCHY v. SOUTHERN METHODIST UNIVERSITY; from Dallas County; 5th district
(05-06-01115-CV, 232 SW3d 844, 08-28-07, pet. denied July 2008) as redrafted (premises liability)

08-0173
WALTER MITCHELL v. CARLA BERRY, NORRIS BOOTH, BRAD NATHAN WALKER, JOHN DOE, MARIA ALICIA
GARCIA, URBAN REHABILITATION STANDARDS BOARD CITY OF DALLAS TEXAS AND CITY OF DALLAS, TEXAS,
MUNICIPAL CORPORATION; from Dallas County; 5th district (05-06-01328-CV, ___ SW3d ___, 11-20-07, pet. denied
July 2008) as redrafted, as amended (pro se suit, affidavit of inability to pay costs)

08-0201
MAXUS ENERGY CORPORATION v. OCCIDENTAL CHEMICAL CORPORATION; from Dallas County; 5th district (05-06-
01299-CV, 244 SW3d 875, 02-01-08, pet. denied July 2008)(interpretation of an indemnity provision in a stock
purchase agreement)

08-0382
JANE DOE 1, INDIVIDUALLY AND AS NEXT FRIEND OF JANE DOE 2, A MINOR CHILD v. PILGRIM REST BAPTIST
CHURCH; from Dallas County; 5th district (05-06-00197-CV, 248 SW3d 831, 03-05-08, pet. denied Jul 2008)
(premises liability, sexual assault)

08-0230
RODNEY ELKINS v. CAPITAL ONE BANK AND CAPITAL ONE SERVICES, INC.; from Dallas County; 5th district (05 -06 -
01539 -CV, ___ SW3d ___, 01-29-08, pet. denied Jun 2008) (credit card dispute, pre-authorized charges, closing and
reopening of account, breach of contract, defamation credit report)

08-0276
DANIEL ROEHRS, ET AL. v. FSI HOLDINGS, INC.; from Dallas County; 5th district (05-06-01432-CV, 246 SW3d 796,
02-26-08, pet. denied Jun 2008)(arbitration, judicial confirmation of award, attorney's fees)
2 petitions

08-0347
IN THE MATTER OF L.M.M., A CHILD; from Collin County; 5th district (05-07-00504-CV, 247 SW3d 809, 03-19-08)
(family law, SAPCR, mediated settlement agreement MSA in child custody case)

08-0069
BAYLOR UNIVERSITY MEDICAL CENTER, AND SARA THOMAS, R.N. v. DIANNA ROSA; from Dallas County; 5th district
(05-07-00639-CV, 240 SW3d 565, 12-07-07)(HCLC, sufficiency of expert report)

07-1038
ALINDA FRANCINE CARTER-THOMAS v. RICKY LYNN SULLIVAN; from Collin County; 5th district
(05-06-00990-CV, ___ SW3d ___, 11-06-07, pet. denied Jun 2008) as redrafted (PI-auto accident negligence, pro se
suits, deemed admissions)

08-0058
TAMMY ELKINS v. BANK OF AMERICA, N.A.; from Dallas County; 5th district (05-06-00065-CV, 232 SW3d 345, 08-15-
07, pet. denied Jun 2008) (Justice Johnson not sitting)(home equity loan, validity of lien, finality)

08-0083
KAREN BROCK MURPHY, AMELIA BROCK BANNER, AND JODY BROCK IRWIN, INDIVIDUALLY AND AS CO-
INDEPENDENT EXECUTORS OF THE ESTATE OF DORIS BERGLUND BROCK AND AS CO-TRUSTEES OF THE
BROCK FAMILY TRUST v. G. MICHAEL GRUBER, WILLIAM D. ELLIOTT, AND KANE RUSSELL, COLEMAN & LOGAN, P.
C.; from Dallas County; 5th district (05-05-01013-CV, 241 SW3d 689, 12-13-07, pet. denied June 2008)(fracturing of
professional negligence claims, limitations)

08-0087
ESTATE OF HAZEL DELORES HATCHER, DECEASED; from Collin County; 5th district
(05-06-01109-CV, ___ SW3d ___, 12-11-07, pet. denied June 2008)(probate mattter, will contest)
(voluntarily acceptance of benefits of the challenged order moots appeal)

08-0247
GLOBAL WATER GROUP, INC. v. ASPEN WATER, INC. AND ROBERT ATCHLEY; from Dallas County; 5th district
(05-06-00709-CV, 244 SW3d 924, 02-14-08, pet. denied)(claims for misappropriation of trade secrets and conspiracy,
confidentiality agreement, breach of a shareholder agreement, covenant not compete, JNOV)

08-0303
PAUL MOOD AND K&M DISTRIBUTORS v. KRONOS PRODUCTS, INC.; from Dallas County; 5th district (05-06-00111-
CV, 254 SW3d 8, 11-28-07, pet. denied Jun 2008)(breach and termination of a distributorship agreement, proof of
damages, lost profits)

08-0305
MARCUS A. GIPSON, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF GWENDOLYN FOSTER,
DECEASED, ET AL. v. CITY OF DALLAS; from Dallas County; 5th district
(05-07-00628-CV, 247 SW3d 465, 03-11-08, pet. denied Jun 2008)(TTCA, immunity, firefighters, emergency services)

08-0312
PRUDENCE DIVINCENZO v. SEARS, ROEBUCK AND CO.; from Dallas County; 5th district
(05-07-00525-CV, ___ SW3d ___, 03-10-08, pet. denied Jun 2008)(motion for new trial, nonsuit)

08-0278
ROBIN BIKO, ET AL. AND DWIGHT TOMS, ET AL. v. SIEMENS INFORMATION AND COMMUNICATION NETWORKS,
INC., AND EFFICIENT NETWORKS, INC.; from Dallas County; 5th district (05-05-01318-CV, 246 S.W.3d 148, 10-17-07,
pet. denied May 2008)

07-0527
529900 ONTARIO LIMITED A/K/A NIAGARA SAFETY PRODUCTS v. ELK RIVER, INC., AND HORTENCIA WARDLOW;
from Dallas County; 5th district (05-06-00158-CV, ___ S.W.3d ___, 03-29-07, pet. denied May 208) (special
appearance)

07-0934
THE OFFICE OF THE ATTORNEY GENERAL v. TROY BELL; from Dallas County; 5th district (05-06-00885-CV, ___ S.W.
3d ___, 07-23-07, pet. denied May 2008)(family law, child support enforcement, no evidence of arrearage)

08-0124
ROBERT LEE HOOD v. WAL-MART STORES, INC., ET AL.; from Dallas County; 5th district (05-05-01049-CV, ___ S.W.
3d ___, 01-31-08, pet. denied May 2008)
appellant's request for leave of the Court to supplement all documents dismissed as moot
(limitations, previous suits that were dismissed without prejudice does not toll the running of limitation)

08-0102
BETSY RUTH MAGNESS v. CHARLES DANIEL MAGNESS, III; from Kaufman County; 5th district (05-06-00451-CV, 241
S.W.3d 910, 12-20-07, pet. denied May 2008)
(divorce property, characterization of property, separate property, community property)
as amended

08-0149
IN THE INTEREST OF J.D.D., B.J.D., AND W.G.D., CHILDREN; from Collin County; 5th district (05-06-00463-CV, 242 S.
W.3d 916, 01-08-08, pet. denied May 2008)
(family law, child support, motion to modify, reduction denied)

08-0161
GAMMA GROUP, INC. v. TRANSATLANTIC REINSURANCE COMPANY AND HOME STATE COUNTY MUTUAL
INSURANCE COMPANY; from Dallas County; 5th district (05-06-00156-CV, 242 S.W.3d 203, 12-03-07, pet. denied
April 2008)(breach of contract, damages, attorney's fees)

07-0889
PANTHER CREEK VENTURES, LTD., ELDORADO RANCH, LTD., AND ELDORADO PARK, LTD. v. COLLIN CENTRAL
APPRAISAL DISTRICT; from Collin County; 5th district (05-06-01251-CV, 234 SW3d 809, 09-19-07, pet denied April
2008)(ad valorem property tax case)

08-0066
THERESA D. CROOKS v. M1 REAL ESTATE PARTNERS, LTD., MOSES MANAGEMENT, ROBERT A. MOSES,
JR., INC. AND JAMES MOSES; from Collin County; 5th district (05-05-01593-CV, 238 SW3d 474, 08-29-07, pet. denied
April 2008)(PI, negligence, premises, actual vs. apparent agency, respondeat superior)

08-0127
DALLAS COUNTY, TEXAS v. RISCHON DEVELOPMENT CORPORATION, ET AL.; from Dallas County; 5th
district (05-06-01025-CV, 242 SW3d 90, 09-28-07, pet. denied April 2008) (Rule 11 Agreement, attorney's fees
immunity)

08-0151
MARK SCHOMBURG AND CYNTHIA S. SCHOMBURG v. TRW VEHICLE SAFETY SYSTEMS, INC.; from Dallas County;
5th district (05-06-01467-CV, 242 SW3d 911, 01-08-08, pet. denied April 2008) (car crash injury, affirmative defense of
release)

08-0020
MARTINA OGG v. DILLARD'S, INC.; from Dallas County; 5th district
(05-06-00626-CV, 239 S.W.3d 409, 11-09-07, pet. denied April 2008)(false imprisonment, IIED, malpros, sj for
defendant affirmed)

07-0949
DALLAS COUNTY, TEXAS v. FLORECE COUTEE, ET AL.; from Dallas County; 5th district (05-06-01695-CV, 233 SW3d
542, 08-28-07, pet. denied April 2008)(TTCA plea to the jurisdiction properly denied)

07-0950
TAMMIE KAY LEE v. WILLIAM A. BOOTHE, M.D., D/B/A BOOTHE EYE CARE AND LASER CENTER; from Collin County;
5th district (05-06-00776-CV, 235 SW3d 448, 10-03-07, pet. denied April 2008) (HCLC, failure to file required expert
report)

07-1039
THE EVEREST GROUP, L.L.C. v. SAMUEL DABNEY WARE; from Dallas County; 5th district (05-05-01575-CV, 238
SW3d 855, 10-19-07, pet. denied April 2008) (domestication of foreign judgment reversed)

05-0130
UNAUTHORIZED PRACTICE OF LAW COMMITTEE v. NATIONWIDE MUTUAL INSURANCE COMPANY AND SEAN P.
MARTINEZ; from Bexar County; 4th district (04-04-00184-CV, 155 SW3d 590, 12-08-04, pet. denied March 2008)
(unauthorized practice of law)

05-0688
WILLIAM O'ROURKE, INDIVIDUALLY; LAURA O'ROURKE, INDIVIDUALLY; AND LAURA O'ROURKE, AS NEXT FRIEND
OF BROCK O'ROURKE v. ANTONIO J. VILLASAN, M.D.; from Jefferson County; 9th district (09-04-00409-CV, 166 SW3d
752, 05-26-05, pet. denied March 2008) (dismissal of employee, election of remedies, defendant to sue)(UTMB cases)
(governmental entity as defendant, lawsuits against universities)

07-0148
AIRCRAFT NETWORK, LLC v. ASSOCIATED AVIATION UNDERWRITERS, INC. AND CESSNA AIRCRAFT COMPANY;
from Dallas County; 5th district (05-04-01056-CV, 213 SW3d 455, 11-29-06, pet. denied March 2008) (breach of
bailment agreement, standing)

07-0405
STEPHEN FARMER AND SUSAN FARMER v. MATT SLOAN, M.D. AND PAIN NET PHYSICIANS GROUP, P.A.; from
Dallas County; 5th district (05-06-00247-CV, ___ SW3d ___, 03-22-07, pet. denied March 2008) as amended (HCLC,
dismissal proper failure to comply with expert report requirement)

07-0827
BAYLOR MEDICAL CENTER AT GARLAND v. PATRICIA KETTLE, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE
OF RAYMOND KETTLE, DECEASED, LINDA HILL, DIANNE FRANKHAUSER, MARGARET SULLIVAN, THOMAS
KETTLE, AND SANDY ROACH; from Dallas County; 5th district
(05-05-01260-CV, 232 SW3d 832, 08-27-07, pet. denied March 2008)(HCLC dismissal reversed in part)

07-0890
METHODIST HOSPITALS OF DALLAS v. AMERIGROUP TEXAS, INC. F/K/A AMERICAID TEXAS, INC.; from Dallas
County; 5th district (05-05-01579-CV, 231 SW3d 483, 08-09-07, pet. denied March 2008)(Medicaid HMO contract
dispute

07-0993
OAIC COMMERICAL ASSETS, LLC v. STONEGATE VILLAGE, LP AND CAWC FINANCIAL, INC.; from Dallas County; 5th
district (05-05-01471-CV, 234 SW3d 726, 08-16-07, pet. denied March 2008) (partnership dispute, standing)

07-0980
VALERIE BRYAN v. DR. DENTON WATUMULL; from Dallas County; 5th district
(05-06-00018-CV, 230 SW3d 503, 07-24-07, pet. denied Feb. 2008)(med mal suit)

07-0965
PENNY TRESA MCMENNAMY v. CURTIS MCMENNAMY; from Hunt County; 5th district
(05-06-01566-CV, ___ SW3d ___, 10-10-07, pet. denied Feb. 2008)(collateral attack on probate court judgment)

06-0975
GRANT THORNTON LLP v. PROSPECT HIGH INCOME FUND, ML CBO IV (CAYMAN), LTD., PAMCO CAYMAN, LTD.,
PAM CAPITAL FUNDING, L.P., HIGHLAND CRUSADER FUND, LTD., AND PCMG TRADING PARTNERS VII, L.P.; from
Dallas County; 5th district (05-05-00092-CV, 203 SW3d 602, 10-18-06, pet. denied Feb 2008)(claims for negligence
and third-party beneficiary breach of contract.)

08-0004
LYLE AND DEBORAH HODGE v. DALLAS CENTRAL APPRAISAL DISTRICT; from Dallas County; 5th district (05-06-
01418-CV, ___ SW3d ___, 11-19-07, pet. denied Feb 2008) )(property tax appeal, homestead exemption)

07-0576
RE D ROOF INNS, INC. AND ACCOR NORTH AMERICA, INC. v. MURAT HOLDINGS, L.L.C.; from Dallas County; 5th
district (05-05-00240-CV, 223 SW3d 676, 04-16-07, pet. denied Jan 2008) 3 petitions (franchise agreement dispute,
tortious interference, jury charge error)

07-0729
JEFFREY WEISS v. JP MORGAN CHASE BANK, N.A. F/K/A MORGAN GUARANTY TRUST COMPANY OF NEW YORK;
from Dallas County; 5th district (05-06-00940-CV, ___ SW3d ___, 07-20-07, pet. denied Jan 2008) (domestication of
foreign judgment, motion for new trial overruled by operation of law, plenary power, no hearing due to lack of diligence)

07-0628
BONNIE L. JOHNSON ON BEHALF OF CHELSEA ELIZABETH JOHNSON, BENEFICIARY v. CHARLES CHESTNUTT;
from Dallas County; 5th district (05-05-01341-CV, 225 SW3d 737, 04-27-07, pet. denied Jan 2008) (award of death
penalty sanctions following nonsuit affirmed)

07-0837
DAVID R. HAWKINS, INDIVIDUALLY AND D/B/A DAVID HAWKINS HOMES v. RODRICK JONES AND LINDA JONES;
from Dallas County; 5th district (05-06-00139-CV, ___ SW3d ___, 07-12-07, pet. denied Jan 2008) (rescission of a
contract, DTPA, fraud, motion for continuance)

07-0917
IN THE INTEREST OF J.D.S., A CHILD; from Dallas County; 5th district
(05-06-01512-CV, ___ SW3d ___, 09-19-07, pet. denied Jan. 2008) (joint motion for reversal and remand for new trial
granted)

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