Werner Enterprises, Inc. and Shiraz A. Ali v. Jennifer Blake, Individually and as Next Friend for Nathan Blake, and as Heir of the Estate of Zachery Blake, And Eldridge Moak, in His Capacity as Guardian of the Estate of Briana Blake

Court of Appeals of Texas

Werner Enterprises, Inc. and Shiraz A. Ali v. Jennifer Blake, Individually and as Next Friend for Nathan Blake, and as Heir of the Estate of Zachery Blake, And Eldridge Moak, in His Capacity as Guardian of the Estate of Briana Blake

DecidedJuly 27, 2021

Docket14-18-00967-CV

StatusPublished

This text of Werner Enterprises, Inc. and Shiraz A. Ali v. Jennifer Blake, Individually and as Next Friend for Nathan Blake, and as Heir of the Estate of Zachery Blake, And Eldridge Moak, in His Capacity as Guardian of the Estate of Briana Blake (Werner Enterprises, Inc. and Shiraz A. Ali v. Jennifer Blake, Individually and as Next Friend for Nathan Blake, and as Heir of the Estate of Zachery Blake, And Eldridge Moak, in His Capacity as Guardian of the Estate of Briana Blake) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Werner Enterprises, Inc. and Shiraz A. Ali v. Jennifer Blake, Individually and as Next Friend for Nathan Blake, and as Heir of the Estate of Zachery Blake, And Eldridge Moak, in His Capacity as Guardian of the Estate of Briana Blake, (Tex. Ct. App. 2021).

Pincite

Opinion

En Banc Consideration Granted; Order, Concurrence, and Dissents to Order filed July 27, 2021.

In The

Fourteenth Court of Appeals

NO. 14-18-00967-CV

WERNER ENTERPRISES, INC. AND SHIRAZ A. ALI, Appellants V. JENNIFER BLAKE, INDIVIDUALLY AND AS NEXT FRIEND FOR NATHAN BLAKE, AND AS HEIR OF THE ESTATE OF ZACKERY BLAKE, DECEASED; AND ELDRIDGE MOAK, IN HIS CAPACITY AS GUARDIAN OF THE ESTATE OF BRIANNA BLAKE, Appellees

On Appeal from the 127th District Court Harris County, Texas Trial Court Cause No. 2015-36666

CONCURRENCE TO ORDER

The original panel’s proposed majority opinion was first circulated in March 2021 (seventeen months after the appeal was submitted on oral argument and three months past our 24-month statutory deadline to resolve matters on appeal) through no fault of any member of this en banc court. Because that proposed opinion attempted to overhaul this court’s well-established standard of review concerning directed verdicts, a majority of this en banc court has voted to examine this appeal and has decided that no additional briefing is necessary to do so. See Tex. R. App. P. 41.2(c). I concur in the court’s order granting en banc consideration.

/s/ Meagan Hassan Justice

En banc court consists of Chief Justice Christopher and Justices Wise, Jewell, Bourliot, Zimmerer, Spain, Hassan, Poissant, and Wilson. Chief Justice Christopher and Justices Wise, Jewell, and Wilson would not order en banc consideration of this case in the first instance and would allow the panel to decide the case. Justice Hassan authored a Concurrence to Order. Chief Justice Christopher authored a Dissent to Order, in which Justices Wise, Jewell, and Wilson joined. Justice Wilson authored a Dissent to Order, in which Justice Wise joined in full, and in which Chief Justice Christopher and Justice Jewell joined as to Parts I, II, III, and IV only.

Publish — Tex. R. App. P. 41.1(a); 41.2(a).

Free access — add to your briefcase to read the full text and ask questions with AI

En Banc Consideration Granted; Order, Concurrence, and Dissents to Order filed July 27, 2021.

In The

Fourteenth Court of Appeals

NO. 14-18-00967-CV

WERNER ENTERPRISES, INC. AND SHIRAZ A. ALI, Appellants V. JENNIFER BLAKE, INDIVIDUALLY AND AS NEXT FRIEND FOR NATHAN BLAKE, AND AS HEIR OF THE ESTATE OF ZACKERY BLAKE, DECEASED; AND ELDRIDGE MOAK, IN HIS CAPACITY AS GUARDIAN OF THE ESTATE OF BRIANNA BLAKE, Appellees

On Appeal from the 127th District Court Harris County, Texas Trial Court Cause No. 2015-36666

CONCURRENCE TO ORDER

The original panel’s proposed majority opinion was first circulated in March 2021 (seventeen months after the appeal was submitted on oral argument and three months past our 24-month statutory deadline to resolve matters on appeal) through no fault of any member of this en banc court. Because that proposed opinion attempted to overhaul this court’s well-established standard of review concerning directed verdicts, a majority of this en banc court has voted to examine this appeal and has decided that no additional briefing is necessary to do so. See Tex. R. App. P. 41.2(c). I concur in the court’s order granting en banc consideration.

/s/ Meagan Hassan Justice

En banc court consists of Chief Justice Christopher and Justices Wise, Jewell, Bourliot, Zimmerer, Spain, Hassan, Poissant, and Wilson. Chief Justice Christopher and Justices Wise, Jewell, and Wilson would not order en banc consideration of this case in the first instance and would allow the panel to decide the case. Justice Hassan authored a Concurrence to Order. Chief Justice Christopher authored a Dissent to Order, in which Justices Wise, Jewell, and Wilson joined. Justice Wilson authored a Dissent to Order, in which Justice Wise joined in full, and in which Chief Justice Christopher and Justice Jewell joined as to Parts I, II, III, and IV only.

Publish — Tex. R. App. P. 41.1(a); 41.2(a).

Cite This Page — Counsel Stack

Bluebook (online)

Werner Enterprises, Inc. and Shiraz A. Ali v. Jennifer Blake, Individually and as Next Friend for Nathan Blake, and as Heir of the Estate of Zachery Blake, And Eldridge Moak, in His Capacity as Guardian of the Estate of Briana Blake, Counsel Stack Legal Research, https://law.counselstack.com/opinion/werner-enterprises-inc-and-shiraz-a-ali-v-jennifer-blake-individually-texapp-2021.