33rd / 424th District Courts

9243, Burnet

William Dale Holland

Crim, Mfg Meth.

X

7/11/03

1st
Degree Fel. Plea bargained w/ State for 5 years. Failed to appear for
sentencing. Ct. assessed punishment at 30 years. C.A. holds that a
"plea bargain with the court" was not effected (and is not favored).
Reversed and remanded for retrial.

9304, Burnet,

Randall Tobey

Crim, 2 counts indecency

X

6/19/03

5198, San Saba

Ronnie Lee Graves

Crim, Agg. Sexual Assault

X

03-02-00614-CR,

C.A. 3rd

10/10/02

Dis. w.o.j.

11,946, Llano

Horseshoe Bay Resort Sales v. Lake LBJ Improvement Corp.

Civil,

internet domain name, trademark infringement and dilution

X

NO. 03-00-00384-CV,

C.A. 3rd

8/9/01

Case
of first impression in Texas.Factually interesting in that the Trial
Court conclusion that the name "Horseshoe Bay" was a valid trademark
and not simply the name of a geographic location was based in part on
the fact that the evidence showed that the name was picked when the
founders, Norman and Wayne Hurd, were walking along the shore of what
is now Lighthouse Drive and while debating various names, discovered a
Horseshoe. The the subdivision was named by them which ultimately led
to the ownership of the trademark. Petition for Review denied by the Supreme Court.

7987, Burnet,

Carl Wayne Truan

Crim, supervision revoked, adjudicated, sentenced 2 years + $5,000 fine.

X

NO. 03-00-00401-CR,

C.A. 3rd

3/8/01

Appeal held to be frivolous. Anders brief filed.

8957, Burnet,

Thomas Taylor

Crim,

Agg. Sexual Assault + 9 counts "incest"

X

C.A. 3rd

1/10/02

Jury assessed life + 10 years each count of incest. Appeal issue was Trial Court admission of extraneous offenses.

4351, Blanco,

Fred Hale v. Pamela Schnelle

Civil

X

NO. 03-01-00036-CV,

C.A. 3rd

3/15/01

Dis'd. w.o.p.

18,179A, Burnet,

FNFS d/b/a B&W Finance v. Security State Bank

Civil,

X

03-01-00039-CV,

C.A. 3rd

11/29/01

Summary Judgment for Bank, Appellee. Affirmed on both traditional and no evidence summary judgment grounds. Issue at trial was alleged wrongful payment by bank of forged checks. Petition for Review denied by Supreme Court.

19,559, Burnet,

Long v. Wal-Mart

Civil,

slip and fall

X

03-01-00044-CV,

C.A. 3rd

11/1/01

Take nothing judgment following jury verdict.

Appellate issue was exclusion of evidence of an earlier fall in the same store.

12,211, Llano,

IMMO Stovall

Divorce, property division

X

C.A. 3rd

1/31/02

Disproportionate
division of marital property. Error alleged in admitting evidence of
parties' prior settlement agreement, a modification to it, and
intervening circumstances; and in making a disproportionate division.

11,998, Llano,

TDPRS v. Mastin

Child Protection,

X

X

C.A. 3rd

1/21/02

Assigned
judge had terminated parental rights. Sitting Judge (Jones) granted
Motion for New Trial filed by the mother and the attorney at litem for
one of the children. To protect the children, the Trial Court modified
the judgment and appointed TDPRS managing conservator. Not
unpredictably the C.A. held that once the new trial was granted there
was no judgment to modify. Order granting the new trial was affirmed
and the case remanded for further hearing on conservatorship.

CR4979, Llano,

Cody Dean Biddy

Crim,

aggravated sexual assault, aggravated robbery, aggravated assault, and unauthorized use of a motor vehicle

X

C.A. 3rd

4/11/02

Involved assault of a 60+ year old woman.

In
eleven issues, appellant contends on appeal that the trial court erred
by: (1) allowing five witnesses to give hearsay testimony, (2) refusing
to allow appellant's aunt to testify as to his state of mind the day
after the events giving rise to his conviction, (3) failing to properly
instruct the jury concerning the taking and use of notes during the
proceedings, and (4) submitting erroneous and incomplete jury
instructions and definitions.

7646, San Saba,

Eastern Livestock v. Bode

Civil,

cattle sales, agency, agent not remitting funds

X

C.A. 3rd

2/14/02

Judgment
on jury verdict. Complaints on appeal included insufficiency of the
evidence, exclusion of evidence, refusal of a jury charge instruction
on agency.

20299, Burnet,

Wilderness Cove v. Cold Spring Granite

Civil,

severance of granite estate, whether dominant estate

X

03-01-00243-CV,

C.A. 3rd

11/15/01

Case
of first impression. Trial Court held that conveyance created a
separate estate in granite and that such was the dominant estate.

12160, Llano,

Metz v. Lake LBJ MUD

Civil, tax.

Authority of former atty ad litem.

X

11/7/02

Trial Court dismissed bill of review filed by former attorney ad litem
Betsy Johnson concluding that she no longer had authority to prosecute
the case since another a/a/l had been long before appointed in the case.

20509, Burnet.

Paul W. Kimmell v. Ina Cooper, Tammy L. Smith, William Joel Johnson, Ten John Does

and Ten Jane Does

Too odd to describe

X

2/22/02

Same

Relates to above case.

X

6/29/01

7376, Burnet.

Cody Dean Biddy

Crim. Probation revoked, adjudicated.

X

4/18/02

Sentenced to 20 years following adjudication. Appeal held frivolous per Anders brief.

20808, Burnet.

Andrews & Parkhurst v. Estate of Baska

Civil,

fraud and breach of fiduciary duty.

X

3/28/02

Affirmed on rehearing.

20451, Burnet,

Howard v. Sunset Life

Civil,

premium overcharge in flexible life policy.

X

1/10/02

Competing motions for summary judgment. Sunset Life's motion granted. Affirmed principally on statute of limitations issue.

9164, Burnet.

Eric Jerome Lacy

Crim. Suppression of admission at polygraph.

X

6/13/02

Dft
took a voluntary polygraph at his own insistence, against advice of his
lawyer. During the course of that he made an admission of guilt.
Trial Court suppressed the statement because it was not recorded as
required for a custodial interrogation.