Jan - June 2008 Texas Supreme Court Opinions, Concurrences, & Dissents ═════════════════════════════════════════════════════════════════ DECISION STATISTICS: Texas Supreme Court Opinion Production and Reversal Rate PETITION DENIALS: Petitions for Review denied by Texas Supreme Court. in January 2008 Petitions for Review denied by Texas Supreme Court. in February 2008 Petitions for Review denied by Texas Supreme Court. in March 2008 Petitions for Review denied by Texas Supreme Court. in April 2008 Petitions for Review denied by Texas Supreme Court. in May 2008 Petitions for Review denied by Texas Supreme Court in June 2008 ================================================================================== Texas Supreme Court Opinions Issued June 27, 2008 Pleasant Glade Assembly of God v. Schubert, No. 05-0916 (Tex. June 27, 2008) (Majority Opinion by Justice Medina) (con law, church and state religion disputes, first amendment freedom of religion clause, exorcism of demons, intentional tort claim by church member for mental anguish damages barred by church's religious doctrine immunity, estoppel claim rejected) PLEASANT GLADE ASSEMBLY OF GOD, REVEREND LLOYD A. MCCUTCHEN, ROD LINZAY, HOLLY LINZAY, SANDRA SMITH, BECKY BICKEL, AND PAUL PATTERSON v. LAURA SCHUBERT; from Tarrant County; 2nd district (02-02-00264-CV, 174 SW3d 388, 09-15-05) 3 petitions | motion to strike denied The Court reverses the court of appeals' judgment and dismisses the case. Justice Medina delivered the opinion of the Court, in which Justice Hecht, Justice O'Neill, Justice Wainwright, Justice Brister, and Justice Willett joined. Chief Justice Jefferson delivered a dissenting opinion, in which Justice Green joined, and in Parts II-A, III, and IV of which Justice Johnson joined. Justice Green delivered a dissenting opinion. Justice Johnson delivered a dissenting opinion. JCW Electronics, Inc. v. Garza, No. 05-1042 (Tex. June 27, 2008) (Opinion by Justice David Medina) (product liability, UCC breach of implied warranty claim in PI, death case a tort for purposes of comparative responsibility statute; recovery barred) JCW ELECTRONICS, INC. v. PEARL IRIZ GARZA, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF ROLANDO DOMINGO MONTEZ, DECEASED, AND BELINDA LEIGH CAMACHO, INDIVIDUALLY AND AS NEXT FRIEND OF ROLANDO KADRIC MONTEZ, A MINOR CHILD; from Cameron County; 13th district (13-02-00577-CV, 176 SW3d 618, 10-13-05) The Court reverses the court of appeals' judgment and renders judgment. Justice David Medina delivered the opinion of the Court. Chief Justice Jefferson delivered a concurring opinion, in which Justice O'Neill joined. In Re Chambless, No. 07-0767 (Tex. June 27, 2008) (per curiam) (family law, parental rights, grandparent visitation suit)(mandamus granted) IN RE STACY D. CHAMBLESS; from Tarrant County; 2nd district (02-07-00291-CV, ___ SW3d ___, 08- 23-07) stay order issued October 24, 2007, lifted Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. In re OAG, No. 08-0165 (Tex. June 27, 2008) (per curiam) (child support collection, temporary orders, TRO void set aside by mandamus) IN RE OFFICE OF THE ATTORNEY GENERAL; from Dallas County; 5th district (05-08-00208-CV, ___ SW3d ___, 02-28-08) stay order issued February 29, 2008, lifted Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. June 20, 2008 Opinions from the Texas Supreme Court In Re Fleetwood Homes of Texas, LP, No. 06-0943 (Tex. June 20, 2008)(per curiam) (original proceeding) (motion to compel arbitration, no waiver found, mandamus granted) IN RE FLEETWOOD HOMES OF TEXAS, L.P. AND FLEETWOOD ENTERPRISES, INC.; from Walker County; 10th district (10-06-00312-CV, ___ SW3d ___, 10-25-06) Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. In re Lyon Financial Services, Inc., No. 07-0486 (Tex. June 20, 2008)(per curiam) (orig. proc.) (mandamus, forum selection clause, motion to dismiss improperly denied, forum selection clause must be enforced) IN RE LYON FINANCIAL SERVICES, INC.; from Hidalgo County; 13th district (13-07-00269-CV, ___ SW3d ___, 05-31-07) Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. June 13, 2008 Texas Supreme Court Opinions Evanston Ins. Co. v. Atofina Petrochemicals, No. 03-0647 (Tex. June 13, 2008)(Substituted opinion by Justice Paul Green on further motions for rehearing) (insurance case) EVANSTON INSURANCE COMPANY v. ATOFINA PETROCHEMICALS, INC.; from Jefferson County; 9th district (09-02-00072-CV, 104 SW3d 247, 04-10-03) Atofina's motion for rehearing granted Evanston's motion for rehearing denied The Court's opinion and judgment of February 15, 2008 are withdrawn and the opinion and judgment of this date are issued. The concurring and dissenting opinion by Justice Hecht, issued February 15, 2008, remains in place. The Court reverses the court of appeals' judgment and remands the case to the trial court. Justice Green delivered the opinion of the Court, in which Chief Justice Jefferson, Justice O'Neill, Justice Wainwright, Justice Brister, Justice Medina, and Justice Willett joined, and in which Justice Hecht and Justice Johnson joined as to Parts I, II.A–II.D, and II.F. Justice Hecht delivered an opinion concurring in part and dissenting in part, in which Justice Johnson joined. G.E. v. Moritz, No. 04-0871 (Tex. June 13, 2008)(Brister) (workplace injury, premises liability, independent contractor, no duty holding precludes land owner liability for contractor's injury) GENERAL ELECTRIC COMPANY v. ARTHUR LEE MORITZ; from Tarrant County; 2nd district (02-03- 00038-CV, ___ SW3d ___, 05-20-04) 2 petitions The Court reverses the court of appeals' judgment and renders judgment. Justice Scott Brister delivered the opinion of the Court, in which Justice Hecht, Justice Wainwright, Justice Medina, and Justice Willett joined. Justice Green delivered a dissenting opinion, in which Chief Justice Jefferson and Justice Johnson joined (Justice O'Neill not sitting) Frymire Engineering Co. v. Jomar International, No. 06-0755 (Tex. June 13, 2008)(Willett) (indemnity, equitable subrogation standing, construction law) FRYMIRE ENGINEERING COMPANY, INC. BY AND THROUGH REAL PARTY IN INTEREST, LIBERTY MUTUAL INSURANCE COMPANY v. JOMAR INTERNATIONAL, LTD. AND MIXER S.R.L.; from Dallas County; 5th district (05-04-01717-CV, 194 SW3d 713, 05-30-06) The Court reverses the court of appeals' judgment and remands the case to that court. Justice Don R. Willett delivered the opinion of the Court. Leland, DDS v. Brandal, No. 06-1028 (Tex. June 13, 2008)(O'Neill) (HCLC 30-day-extension to file expert report)(Remand proper for grant of 30-day extension by trial court where expert report was found deficient for the first time in interlocutory appeal) JOHN LELAND, D.D.S. v. GEORGE C. BRANDAL AND RUTH L. BRANDAL; from Bandera County; 4th district (04-05-00855-CV, 217 SW3d 60, 09-13-06) The Court affirms the court of appeals' judgment. Justice O'Neill delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice Wainwright, Justice Medina, Justice Green, Justice Johnson, and Justice Willett joined. Justice Scott Brister delivered a dissenting opinion. Koa Holdings, LP v. Young, No. 07-0197 (Tex. June 13, 2008) (Hecht) (restricted appeal, default judgment) (partnership law, defendant not sued and not properly served in individual capacity, default judgment not proper) KAO HOLDINGS, L.P., D/B/A SEBRING APARTMENTS AND WILLIAM KAO v. ANNIE LEE YOUNG; from Harris County; 14th district (14-05-00398-CV, 214 SW3d 504, 11-21-06) motion to take judicial notice denied Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court modifies the court of appeals' judgment and affirms that judgment as modified. Justice Nathan Hecht delivered the opinion of the Court. June 6, 2008 In Re Roberts, No. 05-0362 (Tex. Jun 6, 2008)(per curiam) (mandamus) (HCLC, expert report, court of appeals should not have contravened trial court on 30-day extension to fix expert report) IN RE SUSAN ROBERTS AND JOHN R. ROBERTS, JR., INDIVIDUALLY AND AS NEXT FRIENDS OF THEIR MINOR CHILDREN JAMIE ROBERTS, JOSHUA ROBERTS, AND HALEY ROBERTS; from Potter County; 7th district (07-04-00363-CV, ___ S.W.3d ___, 4-27-05) relators' motion for emergency relief denied Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. Per Curiam Opinion (Justice Johnson not sitting) In re Methodist Healthcare System of San Antonio, Ltd, No. 05-0575 (Tex. Jun 6, 2008)(per curiam) (mandamus) (HCLC, sufficiency of expert report, court below instructed to apply new mandamus standard) IN RE METHODIST HEALTHCARE SYSTEM OF SAN ANTONIO, LTD., D/B/A METROPOLITAN METHODIST HOSPITAL; from Bexar County; 4th district (04-05-00305-CV, ___ S.W.3d ___, 05-25-05) stay order issued September 16, 2005, lifted motion to consolidate dismissed as moot Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. Per Curiam Opinion FKM Partnership, Ltd. v. Bd. of Regents of Univ. of Houston System, No. 05-0661 (Tex. Jun 6, 2008) (Phil Johnson) (condemnation, implications of reduction of amount of land to be taken on land owner's recovery of fees, partial nonsuit) FKM PARTNERSHIP, LTD., A TEXAS LIMITED PARTNERSHIP v. BOARD OF REGENTS OF THE UNIVERSITY OF HOUSTON SYSTEM; from Harris County; 14th district (14-03-00392-CV, 178 S.W.3d 1, 04-14-05) 2 petitions The Court affirms the court of appeals' judgment and remands the case to the trial court. Justice Johnson delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice O'Neill, Justice Wainwright, Justice Brister, Justice Medina, and Justice Green joined. Justice Willett delivered an opinion concurring in part and dissenting in part. May 30, 2008 Guitar Holding Co. LP, No. 06-0904 (Tex. May 30, 2008)(David Medina) (water rights, administrative law, challenged district rule governing water transfers found invalid) GUITAR HOLDING COMPANY, L.P. v. HUDSPETH COUNTY UNDERGROUND WATER CONSERVATION DISTRICT NO. 1, ET AL.; from Hudspeth County; 8th district (08-04-00296-CV and 08-05-00115-CV, 209 S.W.3d 172, 08-31-06) The Court reverses the court of appeals' judgment and renders judgment. Justice Medina delivered the opinion of the Court. In Re Zandi, No. 070919 (Tex. May 30, 2008)(per curiam) (family law case, child support contempt, habeas corpus granted) IN RE REZA ZANDI; from Denton County; 2nd district (02-07-00348-CV, ___ S.W.3d ___, 10-18-07) Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the petition for writ of habeas corpus is granted and relator is ordered discharged. Per Curiam Opinion May 29, 2008 - Opinion in CPS "class action" custody case against FLDS released In re TDFPS (CPS), No. 08-0391 (Tex. May 29, 2008)(per curiam) (family law, CPS case against FLDS sect) IN RE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Schleicher County; 3rd district (03-08-00235-CV, ___ S.W.3d ___, 05-22-08) motion for emergency relief denied Per Curiam Opinion Justice O'Neill delivered an opinion concurring in part and dissenting in part, in which Justice Johnson and Justice Willett joined. In re Texas DFPS (CPS), No. 08-0403 (Tex. May 29, 2008)(per curiam) (CPS mass custody case) IN RE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Schleicher County; 3rd district (03-08-00298-CV, ___ S.W.3d ___, 05-22-08) motion for emergency relief denied motion to exceed page limit granted Per Curiam Opinion Justice O'Neill, joined by Justice Johnson and Justice Willett, concurring in part and dissenting in part for the reasons explained in Justice O'Neill's separate opinion in No. 08-0391. May 23, 2008 Providence Health Center v. Dowell, No. 05-0386 (Tex. May 23, 2008)(Hecht) (HCLC suicide risk management, medical treatment) (court concludes that discharge from Defendant's ER did not proximately cause young man's death by hanging.) PROVIDENCE HEALTH CENTER A/K/A DAUGHTERS OF CHARITY HEALTH SERVICES OF WACO AND DEPAUL CENTER A/K/A DAUGHTERS OF CHARITY HEALTH SERVICES OF WACO v. JIMMY AND CAROLYN DOWELL, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF JONATHAN LANCE DOWELL, DECEASED; from McLennan County; 10th district (10-02-00026-CV, 167 S.W.3d 48, 03-30- 05) (Dissent by Justice Tom Gray) - consolidated with - Pettit, D.O. v. Dowell (Tex. May 23, 2008) 05-0788 JAMES C. PETTIT, D.O. v. JIMMY AND CAROLYN DOWELL, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF JONATHAN LANCE DOWELL, DECEASED; from McLennan County; 10th district (10-01-00420-CV, ___ S.W.3d ___, 08-10-05) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petitions for review and without hearing oral argument, the Court reverses the court of appeals' judgment and renders judgment. Justice Hecht delivered the opinion of the Court, in which Justice Brister, Justice Green, Justice Johnson, and Justice Willett joined. Justice Wainwright delivered an opinion concurring in part and dissenting in part. Justice O'Neill delivered a dissenting opinion, in which Chief Justice Jefferson and Justice Medina joined. In re Team Rocket, LP, No. 06-0414 (Tex. May 23, 3008)(Opinion by Justice Paul Green)(mandamus granted) (mandamus granted to enforce first transfer of venue, nonsuit and refiling in third county disapproved) IN RE TEAM ROCKET, L.P., MLF AIRFRAMES, INC., AND MARK L. FREDERICK; from Fort Bend County; 14th district (14-06-00136-CV, ___ S.W.3d ___, 04-25-06) stay order issued June 13, 2006, lifted The Court conditionally grants the petition for writ of mandamus. Justice Green delivered the opinion of the Court. Justice Wainwright delivered a concurring opinion, in which Chief Justice Jefferson and Justice O'Neill joined. Opinions Handed Down May 16, 2008 First American Title Ins. Co. v. Susan Combs, Comptroller, No. 05-0541 (Tex. May 16, 2008)(Majority Opinion by Don Willett) (insurance regulation, taxation of out-of-state insurers, retaliatory tax) FIRST AMERICAN TITLE INSURANCE COMPANY AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY v. SUSAN COMBS, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS, AND GREGG ABBOTT, ATTORNEY GENERAL OF TEXAS; from Travis County; 3rd district (03-04- 00342-CV, 169 S.W.3d 298, 06-03-05) The Court affirms the court of appeals' judgment. Justice Willett delivered the opinion of the Court, in which Chief Justice Jefferson, Justice O'Neill, Justice Green, and Justice Johnson joined. Justice Hecht delivered a dissenting opinion, in which Justice Wainwright, Justice Brister, and Justice Medina joined. In Re McAllen Medical Center, Inc., No. 05-0892 (Tex. May 16, 2008) (Majority Opinion by Scott Brister) (mandamus relief available to compel dismissal of medical malpractice suits, HCLC) IN RE MCALLEN MEDICAL CENTER, INC., D/B/A MCALLEN MEDICAL CENTER AND UNIVERSAL HEALTH SERVICES, INC.; from Hidalgo County; 13th district (13-05-00441-CV, ___ S.W.3d ___, 10-05- 05) real parties in interest's motion to abate dismissed as moot relators' unopposed motion for partial dismissal granted real parties in interest's motion to seal document granted relators' motion to seal motion exhibits and restrict review to in camera inspection only granted The Court conditionally grants the petition for writ of mandamus. Justice Brister delivered the opinion of the Court, in which Justice Hecht, Justice Medina, Justice Green, Justice Johnson and Justice Willett joined. Justice Wainwright delivered a dissenting opinion, in which Chief Justice Jefferson and Justice O'Neill joined. Canyon Regional Water Authority v. Guadalupe-Blanco River Authority, No. 06-0873 (Tex. May 16, 2008)(Opinion by Paul Green) (intergovernmental dispute over easement for water extraction from lake, condemnation power) CANYON REGIONAL WATER AUTHORITY v. GUADALUPE-BLANCO RIVER AUTHORITY; from Guadalupe County; 4th district (04-05-00943-CV, 211 S.W.3d 351, 06-21-06) The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the trial court. Justice Green delivered the opinion of the Court. In Re CitiGroup Global Markets, Inc., No. 06-0886 (Tex. May 16, 200)(per curiam)(arbitration compelled, no waiver found) IN RE CITIGROUP GLOBAL MARKETS, INC. (F/K/A SALOMON SMITH BARNEY, INC.), CITIGROUP, INC., AND STACY OELSEN; from Dallas County; 5th district (05-05-01430-CV, 200 S.W.3d 742, 06-28- 06) stay order issued November 21, 2006, lifted Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. Higgings v. Randall County Sheriff's Office (Higgins II), No. 06-0917 (Tex. May 16, 2008) (Opinion by Harriet O'Neill) (prisoner suit, defective affidavit of indigence, right to appeal) LAWRENCE HIGGINS v. RANDALL COUNTY SHERIFF'S OFFICE; from Randall County; 7th district (07- 05-00004-CV, ___ S.W.3d ___, 08-22-06) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court. Justice O'Neill delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice Brister, and Justice Medina joined. Justice Green delivered a dissenting opinion, in which Justice Wainwright and Justice Willett joined. (Justice Johnson not sitting) City of Dallas v. Reed, No. 07-0469 (Tex. May 16, 2008)(per curiam) (TTCA, premises liability, unsafe road condition, plea to the jurisdiction) CITY OF DALLAS v. KENNETH REED; from Dallas County; 5th district (05-06-01652-CV, 222 S.W.3d 903, 04-25-07) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and renders judgment. Per Curiam Opinion Chau v. Riddle, MD, No. 07-0035 (Tex. May 16, 2008)(substituted per curiam opinion on motion for rehearing) (HCLC, medical malpractice, doctor's Good Samaritan defense rejected) THAO CHAU AND HA DIEN DO, INDIVIDUALLY, AND ON BEHALF OF THEIR MINOR CHILD, S.D.D. v. JEFFERSON RIDDLE, M.D. AND GREATER HOUSTON ANESTHESIOLOGY, P.A.; from Harris County; 1st district (01-04-00551-CV, 212 S.W.3d 699, 09-28-06) The Court's opinion of February 15, 2008 is withdrawn and the opinion of this date is substituted. May 2, 2008 Opinions Perry Homes v. Cull, No. 05-0882 (Tex. May 2, 2008)(Opinion by Scott A. Brister)(arbitration award in favor of consumers overturned; court says home owners implicitly waived right to arbitrate by their litigation conduct) 05-0882 PERRY HOMES, A JOINT VENTURE, HOME OWNERS MULTIPLE EQUITY, INC., AND WARRANTY UNDERWRITERS INSURANCE COMPANY v. ROBERT E. CULL, AND S. JANE CULL; from Tarrant County; 2nd district (02-04-00052-CV, 173 S.W.3d 565, 08-31-05) The Court reverses the court of appeals' judgment, vacates the arbitration award, and remands the case to the trial court. Justice Brister delivered the opinion of the Court, in which Justice Hecht, Justice O'Neill, Justice Wainwright, and Justice Medina joined, and in which Chief Justice Jefferson, Justice Green, Justice Johnson, and Justice Willett joined as to parts I-V. Justice O'Neill delivered a concurring opinion. Justice Johnson wrote an opinion concurring and dissenting in part, which was joined by Chief Justice Jefferson and Justice Green Justice Willett delivered an opinion concurring in part and dissenting in part. Opinion below: Perry Homes v. Cull, 02-04-00052-CV, (Tex.App.- Fort Worth, Aug 31, 2005, pet . filed)(reversed, and arbitration award for home owners vacated) Igal v. Brightstar Information Tech Group. Inc., No. 04-0931(Tex. May 2, 2008) (Dale Wainwright) (employment law, Pay Day Act claim, res judicata, claim preclusion based on agency ruling) SALEH W. IGAL v. BRIGHTSTAR INFORMATION TECHNOLOGY GROUP, INC. AND BRBA, INC.; from Dallas County; 11th district (11-03-00099-CV, 140 S.W.3d 820, 06-30-04) The Court's opinion of December 7, 2007 is withdrawn and the opinion of this date is substituted. The dissenting opinion by Justice Brister and the judgment, issued December 7, 2007, remain in place. Bic Pen Corp. v. Carter, No. 05-0835 (Tex. Apr. 18, 2008)(David Medina) (products liability, design defect claim, implicit federal preemption of state tort law, manufacturing defect claim) BIC PEN CORPORATION v. JANACE M. CARTER, AS NEXT FRIEND OF BRITTANY CARTER; from Matagorda County; 13th district (13-03-00560-CV, 171 S.W.3d 657, 08-18-05) The Court reverses the court of appeals' judgment and remands the case to that court. Justice Medina delivered the opinion of the Court. (Justice Green not sitting) Villafani vs. Trejo, M.D., No. 06-0501 (Tex. Apr. 18, 2008)(Wainwright) (HCLC, ILA, denial of sanctions, effect of nonsuit on defendant's right to appeal denial of motion for sanctions) JUAN MARIO VILLAFANI, M.D. v. ADELA TREJO; from Cameron County; 13th district (13-04-00449-CV, ___ S.W.3d ___, 10-06-05) The Court reverses the court of appeals' judgment and remands the case to that court. Justice Wainwright delivered the opinion of the Court. Barrera, MD vs. Rico, No. 05-0928 (Tex. Apr. 18, 2008)(per curiam)(appealability of order denying doctor's motion for sanctions after plaintiff nonsuited HCLC suit and court dismissed without prejudice) RICARDO BARRERA, M.D. v. ISELA RICO AND MANUEL RICO, INDIVIDUALLY AND AS PARENTS AND NEXT FRIENDS OF GLORIA RICO, A MINOR; from Hidalgo County; 13th district (13-04-00480-CV, ___ S.W.3d ___, 07-21-05) respondent's motion to supplement response brief on the merits granted Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court. Regent Care Center of San Antonio II, LP vs. Hargrave, No. 06-0717 (Tex. Apr. 18, 2008)(per curiam) (HCLC, medical malpractice, effect on nonsuit on health care provider's pending appeal of order denying sanctions) REGENT CARE CENTER OF SAN ANTONIO II, LIMITED PARTNERSHIP D/B/A REGENT CARE CENTER OF OAKWELL FARMS AND RCCSA II, INC. v. BARBARA HARGRAVE, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF DOROTHY MONTGOMERY, AND VERNON LLOYD PIERCE, INDIVIDUALLY; from Bexar County; 4th district (04-05-00274-CV, 202 S.W.3d 807, 06-28-06) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court. UT-PAN AM v. Aguilar, No. 07-0424 (Tex. Apr. 18, 2008)(per curiam) (TTCA, premises liability, dangerous condition, ostrich defense) THE UNIVERSITY OF TEXAS-PAN AMERICAN v. TONY AGUILAR AND KAY MARIE AGUILAR; from Hidalgo County; 13th district (13-06-00450-CV, ___ S.W.3d ___, 03-01-07) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and renders judgment. In Interest of KCB, a Child, No. 07-1068 (Tex. Apr. 18, 2008) (per curiam) (right to appeal in termination of parental rights case, procedural requisites for appeal) IN THE INTEREST OF K.C.B., A CHILD; from Collingsworth County; 7th district (07-07-00032-CV, 240 S. W.3d 454, 10-11-07) motion to request trial transcript denied Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court. April 11, 2008 Opinions Released by the Texas Supreme Court In the Matter of H.V., No. 06-0005 (Tex. Apr. 11, 2008)(Brister) (juvenile law, Miranda warning, requirements for effective invocation of right to counsel, suppression of confession, exclusion of evidence) IN THE MATTER OF H.V.; from Tarrant County; 2nd district (02-04-00029-CV, 179 S.W.3d 746, 11-17-05) The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the trial court. Justice Brister delivered the opinion of the Court, in which Justice O'Neill, Justice Medina, Justice Johnson, and Justice Willett joined. Chief Justice Jefferson delivered an opinion concurring in part and dissenting in part, in which Justice Wainwright and Justice Green joined, and in which Justice Hecht joined as to Parts I, III, and V. Medical City Dallas, Ltd. v. Carlisle Corp., No. 06-0660 (Tex. Apr. 11, 2008)(Jefferson) (breach of express warranty claim, entitlement to attorney's fees) MEDICAL CITY DALLAS, LTD. v. CARLISLE CORPORATION D/B/A CARLISLE SYNTEC SYSTEMS; from Dallas County; 5th district (05-04-00157-CV, 196 S.W.3d 855, 06-27-06) The Court reverses in part the court of appeals' judgment and reinstates the trial court's judgment. Chief Justice Jefferson delivered the opinion of the Court. (Justice Hecht not sitting) Lewis, MD v. Funderburk, No.. 06-0518 (Tex. Apr. 11, 2008) (Brister) (HCLC, interlocutory appeal) RORY LEWIS, M.D. v. DEWAYNE FUNDERBURK, AS NEXT FRIEND OF WHITNEY FUNDERBURK; from Limestone County; 10th district (10-05-00197-CV, 191 S.W.3d 756, 04-05-06) The Court reverses the court of appeals' judgment and remands the case to that court. Justice Brister delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice Wainwright, Justice Medina, Justice Green, Justice Johnson, and Justice Willett joined. Justice O'Neill delivered a concurring opinion. Justice Willett delivered a concurring opinion. Moore, M.D. v. Gatica, No. 07-0094 (Tex. Apr. 11, 2008)(per curiam)(HCLC, ILA) PHILIP A. MOORE, M.D. v. KRISTY GATICA; from Tarrant County; 2nd district (02-06-00442-CV, ___ S.W.3d ___, 01-25-07) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court. Diaz-Rohena, M.D. v. Melton, No. 07-0173 (Tex. Apr. 11, 2008)(per curiam)(HCLC, ILA) ROBERTO DIAZ-ROHENA, M.D. v. CYNTHIA S. MELTON; from Tarrant County; 2nd district (02-06-00315-CV, ___ S.W.3d ___, 01-25-07) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court. Center for Neurological Disorders, P.A. v. George, No. 07-0174 (Tex. Apr. 11, 2008)(per curiam) (HCLC, ILA) CENTER FOR NEUROLOGICAL DISORDERS, P.A. AND GREGORY A. WARD, M.D. v. ROGER P. GEORGE AND JULIET A. GEORGE; from Tarrant County; 2nd district (02-06-00105-CV, ___ S.W.3d ___, 01-25-07) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court. Collini, M.D. v. Pustejovsky, No. 07-0227 (Tex. Apr. 11, 2008)(per curiam)(HCLC, ILA) WENDY COLLINI, M.D. v. MARTHA PUSTEJOVSKY; from Tarrant County; 2nd district (02-07-00005-CV, ___ S.W.3d ___, 02-08-07) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court. Graham Oaks Care Center, Inc. v. Farabee No. 07-0228 (Tex. Apr. 11, 2008)(per curiam)(HCLC, ILA) GRAHAM OAKS CARE CENTER, INC., NEW GRAHAM OAKS CARE CENTER, INC. AND GRAHAM OAKS CARE CENTER v. ALLAGRA FARABEE AND EARLENE PRICE, AS NEXT FRIEND OF ALLAGRA FARABEE; from Young County; 2nd district (02-06-00452-CV, ___ S.W.3d ___, 02-08-07) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court. Danos v. Ritter, MD, No. 07-0312 (Tex. Apr. 11, 2008)(per curiam)(HCLC, ILA) LOU VIRGINIA DANOS, INDIVIDUALLY AND AS NEXT FRIEND OF RYAN COCHRAN, A MINOR v. KEVIN RITTGER, M.D.; from Harris County; 1st district (01-06-00350-CV, ___ S.W.3d ___, 03-01-07) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to the trial court. Hill Regional Hospital v. Runnels, No. 07-0368 (Tex. Apr. 11, 2008)(per curiam)(HCLC, ILA) HILL REGIONAL HOSPITAL v. MAXINE RUNNELS, INDIVIDUALLY AND AS HEIR TO AND ON BEHALF OF THE ESTATE OF GLENDON RUNNELS, DECEASED AND TAMMY RUNNELS WALKER AND GLEN PAUL RUNNELS, INDIVIDUALLY; from Hill County; 10th district (10-06-00372-CV, ___ S.W.3d ___, 03-14-07) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court. Metwest, Inc. v. Rodriguez, Jr., No. 07-0422 (Tex. Apr. 11, 2008)(per curiam)(HCLC, ILA) METWEST INC. D/B/A QUEST DIAGNOSTICS INCORPORATED v. MIGUEL RODRIGUEZ, JR., MIGUEL RODRIGUEZ AND LUCY RODRIGUEZ; from Tarrant County; 2nd district (02-07-00047-CV, ___ S.W.3d ___, 04-05-07) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court. April 4, 2008 Texas Supreme Court Decisions with Opinions Texas Mutual Ins. Co. v. Ledbetter, No. 06-0814 (Tex. Apr. 4, 2008)(Brister)(workers comp, subrogation claim) TEXAS MUTUAL INSURANCE COMPANY v. PAULA LEDBETTER, REPRESENTATIVE OF THE ESTATE OF CHARLES WADE LEDBETTER, INDIVIDUALLY AND AS NEXT FRIEND OF DUSTIN WADE LEDBETTER, A MINOR, AND TONJA LEDBETTER AND JAMIE LEDBETTER, INDIVIDUALLY; from Jones County; 11th district (11-05-00098-CV, 192 S.W.3d 912, 06-01-06) 2 petitions motion for emergency relief from declaratory judgment action dismissed as moot The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the trial court. Justice Brister delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice O'Neill, Justice Wainwright, Justice Medina, Justice Green, and Justice Willett joined, and in which Justice Johnson joined as to Parts I through III and Part V. Ansell Healthcare Products, Inc. v. Owens & Minor, Inc., No. 06-0386 (Tex. Apr. 4, 2008)(per curiam) (product liability, indemnification for litigation costs) ANSELL HEALTHCARE PRODUCTS, INC. AND BECTON, DICKINSON AND COMPANY v. OWENS & MINOR, INC. AND OWENS & MINOR MEDICAL, INC.; from Bowie County; 6th district (06-04-00136-CV, 189 S.W.3d 889, 03-31-06) 2 petitions Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to the trial court. March 28, 2008 Texas Supreme Court Opinions Unauthorized Practice of Law Committee v. American Home Assurance Co., Inc., No. 04-0138 (Tex. Mar. 28, 2008)(Hecht) (in-house counsel) UNAUTHORIZED PRACTICE OF LAW COMMITTEE v. AMERICAN HOME ASSURANCE COMPANY, INC. AND THE TRAVELERS INDEMNITY COMPANY; from Dallas County; 11th district (11-02-00212-CV, 121 S.W.3d 831, 11-06-03) The Court modifies the court of appeals' judgment and affirms that judgment as modified. Justice Hecht delivered the opinion of the Court, in which Chief Justice Jefferson, Justice O'Neill, Justice Wainwright, Justice Brister, Justice Medina, and Justice Willett joined. Justice Johnson delivered a dissenting opinion, in which Justice Green joined. County of Dallas v. Sempe, No. 05-0022 (Tex. Mar. 28, 2008)(per curiam) (interlocutory appeal, no conflicts jurisdiction, petition ungranted) COUNTY OF DALLAS v. CHRISTOPHER SHAWN SEMPE AND CARL RAYMOND SEMPE, SOLE HEIRS OF CHARLES RAY SEMPE; from Dallas County; 5th district (05- 03-01603-CV, 151 S.W.3d 291, 12-07- 04) The Court withdraws its order of May 26, 2006, granting the petition for review, as the petition was improvidently granted. The petition for review is dismissed for want of jurisdiction. Pruett v. Harris County Bail Bond Board, et al, No. 05-0283 (Tex. Mar. 28, 2008)(O’Neill) (local governmental entities, regulatory authority, ultra vires claim) CARL R. PRUETT AND NATIONAL AMERICAN INSURANCE COMPANY v. HARRIS COUNTY BAIL BOND BOARD, ET AL.; from Harris County; 1st district (01 02 01043 CV, 177 SW3d 260, 03-10-05) The Court affirms in part and reverses in part the court of appeals' judgment. Justice O'Neill delivered the opinion of the Court. Mission Consolidated ISD v. Garcia, No. 05-0734 (Tex. Mar. 28, 2008)(O’Neill)(public employment, wrongful termination claim, TTCA, tort claims, TCHRA claim, immunity waiver) MISSION CONSOLIDATED INDEPENDENT SCHOOL DISTRICT v. GLORIA GARCIA; from Hidalgo County; 13th district (13-04-00668-CV, ___ S.W.3d ___, 06-30-05) – consolidated with – 05-0762 MISSION CONSOLIDATED INDEPENDENT SCHOOL DISTRICT v. MELINDA SOTUYO; from Hidalgo County; 13th district (13-05-00021-CV, ___ S.W.3d ___, 06 30 05) – consolidated with – 05-0763 MISSION CONSOLIDATED INDEPENDENT SCHOOL DISTRICT v. DEBORAH MEDINA; from Hidalgo County; 13th district (13-05-00060-CV, ___ S.W.3d ___, 06 30 05) The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the trial court. Justice O'Neill delivered the opinion of the Court. Nationwide Ins. Co. v. Elchehimi, No. 06-0106 (Tex. Mar. 28, 2008)(Wainwright) (insurance coverage, breach of contract, claim denial) NATIONWIDE INSURANCE COMPANY v. MOHAMAD ELCHEHIMI, INDIVIDUALLY AND AS PARENT AND NEXT FRIEND OF KHALED ELCHEHIMI AND LUKMAN ELCHEHIMI, MINORS; from Ellis County; 10th district (10-04-00298-CV, 183 S.W.3d 833, 12-28-05) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and renders judgment. Justice Wainwright delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice Brister, Justice Green, Justice Johnson, and Justice Willett joined. Justice O'Neill delivered a dissenting opinion, in which Justice Medina joined. Chu v. Hong, No. 06-0127 (Tex. Mar. 28, 2008)(Brister)(family law, divorce, property transfer to third parties, fraud on community by spouse not actionable as independent tort, no double recovery) WILLIAM CHU v. CHONG HUI HONG; from Tarrant County; 2nd district (02-04-00279 CV, 185 S.W.3d 507, 10-20-05) The Court reverses the court of appeals' judgment and renders judgment. Justice Brister delivered the opinion of the Court. Lowenberg v. City of Dallas, No. 06-0310 (Tex. Mar. 28, 2008)(per curiam) (local governments) (illegal fee, tax refund suit, takings claim, declaratory judgment, UDJA attorney's fees) JIM LOWENBERG, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED v. CITY OF DALLAS; from Dallas County; 11th district (11-03-00061-CV, 187 S.W.3d 777, 03-01-06) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and renders judgment. Owens & Minor, Inc. v. Ansell Healthcare Products, Inc., No. 06-0322 (Tex. Mar 28, 2008)(Green) (cert. question from 5th Cir.) (products liability, indemnification, litigation costs) OWENS & MINOR, INC. AND OWENS & MINOR MEDICAL, INC. v. ANSELL HEALTHCARE PRODUCTS, INC. AND BECTON, DICKINSON AND COMPANY motion to consolidate denied The Court answers the question certified by the United States Court of Appeals for the Fifth Circuit. Justice Green delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice Wainwright, and Justice Brister joined. Justice Brister delivered a concurring opinion. Justice O'Neill delivered a dissenting opinion, in which Justice Medina, Justice Johnson, and Justice Willett joined. In Re Jorden, M.D., No. 06-0369 (Tex. Mar. 28, 2008)(Brister) (HCLC, MedMal, permissibility of presuit discovery, Rule 202 deposition) IN RE JACK JORDEN, M.D., ET AL.; from Smith County; 12th district (12-06-00040-CV, 191 S.W.3d 483, 04-27-06) relators' joint motion for emergency temporary relief dismissed as moot The Court conditionally grants the petition for writ of mandamus. Justice Brister delivered the opinion of the Court. Justice O'Neill delivered a concurring opinion Trend Offset Printing Services, Inc. v. Collin County Community College District (CCCCD) No. 06-0525 (Tex. Mar. 28, 2008)(per curiam) (governmental immunity, breach of contract, statutory waiver) TREND OFFSET PRINTING SERVICES, INC. v. COLLIN COUNTY COMMUNITY COLLEGE DISTRICT; from Collin County; 5th district (05-05-00456-CV, ___ S.W.3d ___, 04-27-06) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to the trial court. City of Dallas v. DeQuire, No. 06-0543 (Tex. Mar. 28, 2008)(per curiam) (local governmental entities, immunity waiver) CITY OF DALLAS v. DWIGHT DEQUIRE, MICHAEL FELINI, TERRANCE HOPKINS AND LEROY QUIGG; from Dallas County; 5th district (05-04-01865-CV, 192 S.W.3d 663, 04-18-06) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to the trial court. New Texas Auto Auction Services, LP. v. Gomez de Hernandez, No. 06-0550 (Tex. Mar. 28, 2008) (Brister)(consumer law, auctioneer liability for selling defective car, wrongful death) NEW TEXAS AUTO AUCTION SERVICES, L.P. D/B/A BIG H AUTO AUCTION v. GRACIELA GOMEZ DE HERNANDEZ, ET AL.; from Hidalgo County; 13th district (13- 03-00728-CV, 193 S.W.3d 220, 04-06-06) The Court reverses the court of appeals' judgment and reinstates the trial court's judgment. Justice Brister delivered the opinion of the Court. 20281, Inc. v. Parker, No. 06-0574 (Tex. Mar. 28, 2008)(Jefferson) (Dram Shop Act, provider liability, defense) 20801, INC. v. JOHN L. PARKER; from Harris County; 14th district (14-05-00250-CV, 194 S.W.3d 556, 04-11-06) The Court reverses in part the court of appeals' judgment and remands the case to the trial court. Chief Justice Jefferson delivered the opinion of the Court. In Re Bazan, No. 06-0952 (Tex. Mar. 28, 2008)(Medina)(mandamus) (removal of local official based on conviction) IN RE EDUARDO "WALO" GRACIA BAZAN; from Hidalgo County; 13th district (13-06 00616-CR, ___ S.W.3d ___, 11-01-06) stay order issued November 30, 2006, lifted The Court denies the petition for writ of mandamus. Justice Medina delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice O'Neill, Justice Wainwright, Justice Brister, Justice Green, and Justice Johnson joined. Justice Willett delivered a concurring opinion. in In Re Bazan, No. 06-0952 (Tex. Mar. 28, 2008) Bushnell v. Mott, No. 06-1044 (Tex. Mar. 28, 2008)(per curiam) (animal law, dog bite liability) GENEVIA BUSHNELL AND DEWARD RAYMOND (D.R.) BUSHNELL v. JANET MOTT; from Gillespie County; 4th district (04-05-00846-CV, ___ S.W.3d ___, 09-13-06) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to the trial court. City of Corsicana v. Stewart, No. 07-0058 (Tex. Mar. 28, 2008)(per curiam) (TTCA, premises liability, dangerous condition, drowning) CITY OF CORSICANA, TEXAS v. PATRICK STEWART SR. AND SENTRIA WHITFIELD, INDIVIDUALLY AND AS HEIRS TO THE ESTATES OF PATRICK STEWART JR. AND BROOKE STEWART; from Navarro County; 10th district (10-06- 00044-CV, 211 S.W.3d 844, 12-06-06) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and dismisses the case for want of jurisdiction. O’Neil v. Ector ISD, No. 07-0084 (Tex. Mar. 28, 2008)(per curiam) (public employment, teachers, teacher contract dispute, exhaustion of administrative remedies, limitations) HELEN O'NEAL v. ECTOR COUNTY INDEPENDENT SCHOOL DISTRICT; from Travis County; 11th district (11-06-00013-CV, 221 S.W.3d 286, 11-09-06) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court affirms the court of appeals' judgment. Hamilton v. Wilson, MD, No. 07-0164 (Tex. Mar. 28, 2008)(per curiam) (HCLC, sufficiency of expert report) NADINE HAMILTON, NEE NADINE LAMBERT v. SELMA P. WILSON, M.D.; from Lubbock County; 7th district (07-06-00071-CV, ___ S.W.3d ___, 11-01-06) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to the trial court. Murff, MD v. Pass, No. 07-0294 (Tex. Mar. 28, 2008) (per curiam) (jury selection process, juror qualifications and confusion, disqualification) W. GENE MURFF, M.D. AND MURFF-WANG-MOORE ASSOCIATES, P.A. v. WANDA KAYE PASS, AS NEXT FRIEND OF LESLIE LEANN PASS, A MINOR; from McLennan County; 10th district (10-06-00162- CV, ___ S.W.3d ___, 02-28-07) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and renders judgment. Alfonso v. Skadden, No. 07-0321 (Tex. Mar. 28, 2008)(per curiam)(Texas family law) (child custody jurisdiction, international family law, service by publication) ANA MARIA TARQUIS ALFONSO v. MICHAEL SKADDEN; from Harris County; 14th district (14-05-00489- CV & 14-05-00488-CV, ___ S.W.3d ___, 03-06-07) motion to strike reply brief dismissed as moot Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and renders judgment. February 29, 2008 - Supreme Court releases one per curiam opinion Grimes Construction, Inc. v. Great American Lloyds Ins. Co., No. 06-0332 (Tex. 2007)(per curiam) (liability insurance coverage for defective work by contractor) GRIMES CONSTRUCTION, INC. v. GREAT AMERICAN LLOYDS INSURANCE COMPANY; from Tarrant County; 2nd district (02-04-00335-CV, 188 S.W.3d 805, 03/09/06) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to the trial court. This declaratory judgment action concerns the duty to defend and indemnify under a commercial general liability (CGL) policy. The appeal presents issues similar to those decided in Lamar Homes, Inc. v. Mid-Continent Casualty Co., 242 S.W.3d 1 (Tex. 2007). February 22, 2008 - New opinion by Justice Medina issued, original opinion withdrawn El Paso Hospital District v. Texas Health and Humans Services Comm., No. 05-0372 (Tex. Feb. 22, 2008) (Substitute opinion by Justice David Medina) (state-federal issues, administrative law) EL PASO HOSPITAL DISTRICT D/B/A R.E. THOMASON GENERAL HOSPITAL DISTRICT, ET AL. v. TEXAS HEALTH AND HUMAN SERVICES COMMISSION AND DON GILBERT, COMMISSIONER; from Travis County; 3rd district (03-03-00770-CV, 161 S.W.3d 587, 01/21/05) motion for rehearing granted opinion and judgment issued August 31, 2007, withdrawn The Court reverses the court of appeals' judgment and remands the case to the trial court. Justice Medina delivered the opinion of the Court. February 15, 2008: Supreme Court speeds up opinion release Evanston Ins. Co. v. Atofina Petrochemicals, Inc., No. 03-0647 (Tex. Feb. 15, 2008)(Justice Green) (insurance law, indemnification) EVANSTON INSURANCE COMPANY v. ATOFINA PETROCHEMICALS, INC.; from Jefferson County; 9th district (09-02-00072-CV, 104 S.W.3d 247, 04/10/03) opinion and judgment issued May 5, 2006, withdrawn substituted opinion issued motion to dismiss petition for review as improvidently granted, denied joint motion for oral argument on rehearing, dismissed as moot The Court affirms in part and reverses in part the court of appeals' judgment and renders judgment. Justice Green delivered the opinion of the Court, in which Chief Justice Jefferson, Justice O’Neill, Justice Wainwright, Justice Brister, Justice Medina, and Justice Willett joined, and in which Justice Hecht and Justice Johnson joined as to Parts I, II.A–II.D, and II.F. Justice Hecht filed an opinion concurring in part and dissenting in part , in which Justice Johnson joined. Bowden v. Phillips Petroleum Co., No. 03-0824 (Tex. Feb. 15, 2008)(Justice Wainwright) (class action de-certification, oil gas and minerals law, royalty owners, interlocutory appeal) KATHRYN AYLOR BOWDEN, BEULAH POORMAN VICK, OMER F. POORMAN, MONTE CLUCK, ROYCE YARBROUGH, AND BENNY TED POWELL v. PHILLIPS PETROLEUM COMPANY, GPM GAS CORPORATION, PHILLIPS GAS MARKETING COMPANY, PHILLIPS GAS COMPANY, AND GPM GAS TRADING COMPANY; from Fort Bend County; 14th district (14-02-00634-CV, 108 S.W.3d 385, 05/01/03) The Court reverses in part and affirms in part the court of appeals' judgment and remands the case to the trial court. Justice Wainwright delivered the opinion of the Court. (Justice Brister not sitting) PR Investments and Special Retailers, Inc. v. Texas, No. 04-0431 (Tex. Feb. 15, 2008)(Justice Willett) (condemnation proceeding, effect of change in plans for condemned property,jurisdiction of trial court) PR INVESTMENTS AND SPECIALTY RETAILERS, INC. v. THE STATE OF TEXAS; from Harris County; 14th district (14-00-00091-CV, 180 S.W.3d 654, 10/13/05) The Court affirms the court of appeals' judgment. Justice Willett delivered the opinion of the Court. Fairfield Ins. Co. v. Stephens Martin Paving, LP, No. 04-0728 (Tex. Feb. 15, 2008)(Justice Wainwright) (insurance coverage and indemnification of punitive damages arising from gross negligence) FAIRFIELD INSURANCE COMPANY v. STEPHENS MARTIN PAVING, LP; CARRIE BENNETT, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF ROY EDWARD BENNETT, DECEASED, AND AS NEXT FRIEND OF LANE EDWARD BENNETT, CODY LEE BENNETT, AND APRIL ANNE BENNETT, MINORS motion for re-argument denied The Court answers the question certified by the United States Court of Appeals for the Fifth Circuit. Justice Wainwright delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice O'Neill, Justice Brister, Justice Medina, Justice Green, and Justice Willett joined, and in which Justice Johnson joined as to Parts I, II, and IV only. Justice Hecht delivered a concurring opinion, in which Justice Brister, Justice Medina, and Justice Willett joined. Justice Johnson delivered a concurring opinion. National Union Fire Ins. Co. of Pittsburg, PA v. Crocker, No. 06-0868 (Tex. Feb. 15, 2008)(Justice Willett) (insurance coverage, additional insured, notification) NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURG, PA v. BEATRICE CROCKER; 5th district The Court answers the questions certified by the United States Court of Appeals for the Fifth Circuit. Justice Willett delivered the opinion of the Court. Chau v. Jefferson Riddle, MD, No. 07-0035 (Tex. Feb. 15, 2008)(first, superseded, per curiam opinion) (HCLA, medical malpractice, Good Samaritan defense rejected, summary judgment improperly granted) THAO CHAU AND HA DIEN DO, INDIVIDUALLY, AND ON BEHALF OF THEIR MINOR CHILD, S.D.D. v. JEFFERSON RIDDLE, M.D. AND GREATER HOUSTON ANESTHESIOLOGY, P.A.; from Harris County; 1st district (01-04-00551-CV, 212 S.W.3d 699, 09/28/06) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court. February 8, 2008: Supreme Court Releases One Opinion Resolving Consolidated Cases In the Interest of D.N.C. (Tex. Mar. 8, 2008)(per curiam) (child protection, DFPS suit, termination of parental rights, natural parent presumption, award to conservatorship to child protection agency properly reversed along with termination of parental rights in the absence of independent basis for rebutting parental presumption) 07-0621 IN THE INTEREST OF D.N.C., A CHILD; from Harris County; 1st district (01-04-01232-CV, 227 S.W.3d 799, 12/21/06) — consolidated with — 07-0622 IN THE INTEREST OF T.L.J. AND T.B.J., CHILDREN; from Harris County; 1st district (01-04-01233-CV, 227 S.W.3d 799, 12/21/06) — consolidated with — 07-0623 IN THE INTEREST OF T.J.C. AND T.D.C., CHILDREN; from Harris County; 1st district (01-05-00124-CV, 227 S.W.3d 799, 12/21/06) — consolidated with — 07-0624 IN THE INTEREST OF E.D.C., A CHILD; from Harris County; 1st district (01-05-00126-CV, 227 S.W.3d 799, 12/21/06) — consolidated with — 07-0625 IN THE INTEREST OF J.D.M., A CHILD; from Harris County; 1st district (01-05-00127-CV, 227 S.W.3d 799, 12/21/06) February 1, 2008 Opinions released by the Tex. Sup. Ct. Excess Underwriters v. Frank's Casing Crew & Rental Tools, Inc., No. 02-0730 (Tex. Feb. 1, 2008) (Substitute opinion on rehearing by Justice Harriet O'Neill; 2005 opinion withdrawn) (insurance law, right to reimbursement) EXCESS UNDERWRITERS AT LLOYD'S, LONDON AND CERTAIN COMPANIES SUBSCRIBING SEVERALLY BUT NOT JOINTLY TO POLICY NO. 548/TA4011F01 v. FRANK'S CASING CREW & RENTAL TOOLS, INC.; from Harris County; 14th district (14-01-00349-CV, 93 S.W.3d 178, 06/27/02) The Court affirms the court of appeals' judgment. Justice O'Neill delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Medina, Justice Johnson, and Justice Willett joined. Justice Hecht delivered a dissenting opinion, in which Justice Green joined. Justice Wainwright delivered a dissenting opinion. (Justice Brister not sitting) Daimler Chrysler Corp. v. Inman, No. 03-1189 (Tex. Feb. 1, 2008)(Opinion by Justice Nathan Hecht) (consumer law, product liability, class action dismissed on standing grounds, jurisdictional dismissal, DWOJ) DAIMLERCHRYSLER CORPORATION v. BILL INMAN, DAVID CASTRO, AND JOHN WILKINS, EACH INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED; from Nueces County; 13th district (13-02-00415-CV, 121 S.W.3d 862, 11/20/03) The Court reverses the court of appeals' judgment and dismisses the case for want of jurisdiction. Justice Hecht delivered the opinion of the Court, in which Justice Wainwright, Justice Brister, Justice Medina, and Justice Willett joined. Chief Justice Wallace Jefferson delivered a dissenting opinion, in which Justice Harriet O'Neill, Justice Paul Green, and Justice Phil Johnson joined. January 25, 2008 Texas Supreme Court Opinions Arkoma Basin Exploration Co., No. 03-1066 (Tex. Jan. 25, 2008) (Brister) (jury award of fraud damages reversed against some defendants) ARKOMA BASIN EXPLORATION COMPANY, INC., ET AL. v. FMF ASSOCIATES 1990-A, LTD., ET AL.; from Rockwall County; 5th district (05-02-00669 CV, 118 S.W.3d 445, 08-21-2003) motion to release security dismissed as moot The Court affirms in part and reverses in part the court of appeals' judgment and renders judgment. Justice Brister delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice Wainwright, Justice Green, Justice Medina, Justice Johnson, and Justice Willett joined. Justice O'Neill filed a concurring and dissenting opinion. City of Rockwall, Texas v. Hughes, No. 05-0126 (Tex. Jan 25, 2008) (Johnson) (annexation, arbitration construction of statutory provision governing arbitration of municipal annexation disputes) THE CITY OF ROCKWALL, TEXAS v. VESTER T. HUGHES, AS SOLE INDEPENDENT EXECUTOR OF THE ESTATE OF W. W. CARUTH, DECEASED; from Rockwall County; 5th district (05-04-01562-CV, 153 S.W.3d 709, 01-20-2005) The Court reverses the court of appeals' judgment and renders judgment. Justice Johnson delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Wainwright, Justice Medina, and Justice Green joined. Justice Willett filed a dissenting opinion, in which Justice Hecht, Justice O'Neill, and Justice Brister joined. AIC Management v. Crews, No. 05-0270 (Tex. Jan 25, 2008)(O’Neill) (eminent domain, condemnation, sufficiency of legal description, UDJA, jurisdiction of Harris County Civil Courts at Law) AIC MANAGEMENT v. RHONDA S. CREWS, CURTIS CALDWELL CREWS, ANNETTE CREWS, DENISE CLAUDEN CREWS, AND CLAUDE CREWS, JR., THE HEIRS OF EMMA CREWS, VALDA CREWS, AND EVA FAY GROSS, AND ALDINE INDEPENDENT SCHOOL DISTRICT; from Harris County; 1st district (01-03 01178-CV, ___ S.W.3d ___, 02-03-2005) (Opinion of the First Court of Appeals - by Higley) The Court reverses the court of appeals' judgment and remands the case to the trial court. Justice O'Neill delivered the opinion of the Court. Justice Willett filed a concurring opinion. Living Centers of Texas, Inc. v. Penalver, No. 06-0929 (Tex. Jan. 25, 2008)(per curiam) (wrongful death, nursing home negligence, improper jury argument, value of life, Nazi comparison) LIVING CENTERS OF TEXAS, INC., CYNDI BROWN, LNFA, AND KIMBERLY BORDOVSKY, DON v. AUGUSTINE PEÑALVER, INDIVIDUALLY AND AS INDEPENDENT EXECUTOR OF THE ESTATE OF MARIA BELIA PEÑALVER, DECEASED, AND RAMON PEÑALVER; from Bexar County; 4th district (04-05- 00565-CV, 217 S.W.3d 44, 09-13-2006) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to the trial court. In re BP Products North America, Inc., No. 07-0119 (Tex. Jan. 25, 2008)(Gaultney, sitting by assignment) (discovery dispute, apex deposition, Rule 11 agreement, motion to quash notice of deposition, protective order, discovery mandamus granted) IN RE BP PRODUCTS NORTH AMERICA, INC.; from Galveston County; 1st district (01-06-00943 CV, ___ S.W.3d ___, 02-09-2007) Opinion below: In re BP Products North America Inc., (Tex.App.- Houston [1st Dist.] Feb. 9, 2007)(per curiam) motion to dismiss mandamus as moot, denied stay order issued February 22, 2007, lifted The Court conditionally grants the petition for writ of mandamus. [Trial court judge: Susan Criss] Justice Gaultney delivered the opinion of the Court. (Justice Gaultney sitting by commission pursuant to Section 22.005 of the Texas Government Code) (Justice O'Neill not sitting) Nueces County v. San Patricio County, No. 07-0166 (Tex. Jan. 25, 2008)(per curiam) (governmental immunity, county vs county dispute over wrongfully collected property taxes) NUECES COUNTY v. SAN PATRICIO COUNTY; from Refugio County; 13th district (13-05-00022 CV, 214 S.W.3d 536, 12-07-2006) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court vacates the court of appeals' judgment and renders judgment. Warwick Towers Council of Co-Owners v. Park Warwick LP, No. 07-0384 (Tex. Jan 25, 2008)(per curiam) (insurance law, sufficiency, effectiveness of notice of appeal in insured's name, rather than insurer's) WARWICK TOWERS COUNCIL OF CO-OWNERS, BY AND THROUGH ST. PAUL FIRE & MARINE INSURANCE COMPANY v. PARK WARWICK, L.P., PARK WARWICK INVESTMENTS, L.L.C., AND PARK HOTEL INVESTMENTS, L.L.C.; from Harris County; 14th district (14-05-00254-CV, 218 S.W.3d 149, 01-11-2007) [Justice Seymore dissented in the court of appeals] Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court. In Re Torry, No. 08-0057 (Tex. Jan. 25, 2008)(per curiam) (election mandamus against Democratic Party chair) IN RE LARHONDA TORRY; 1st district (01-08-00031 CV, ___ S.W.3d ___, 01-18-2008) motion for temporary relief dismissed as moot Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. January 11, 2008 Texas Supreme Court Opinions Paj, Inc. v. The Hanover Ins. Co., No. 05-0849 (Tex. Jan. 11, 2008)(Opinion by Justice O'Neill) (insurance law, effect of failure to comply with notice of claim requirements) PAJ, INC. D/B/A PRIME ART & JEWEL v. THE HANOVER INSURANCE COMPANY; from Dallas County; 5th district (05-04-01047-CV, 170 S.W.3d 258, 08/26/05) The Court reverses the court of appeals' judgment, renders judgment in part, and remands the case to the trial court in part. Justice O'Neill delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Brister, Justice Medina, and Justice Green joined. Justice Willett delivered a dissenting opinion, in which Justice Hecht, Justice Wainwright, and Justice Johnson joined. Houser v. McElveen, No. 06-0504 (Tex. Jan. 11, 2008)(per curiam) (appellate procedure, timeliness of notice of appeal, prisoner suit) BRUCE WAYNE HOUSER v. KENNETH W. MCELVEEN, ET AL.; from Jackson County; 13th district (13-05-00426-CV, ___ S.W.3d ___, 02/09/06) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court. ORDERS ON MOTIONS FOR REHEARING THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED: AIG Aviation v. Holt Helicopters, Inc. No. 06-0484 (Tex. Jan. 11, 2008)(Dissenting opinion on reh'g by Justice Willett) (construction of aviation insurance contract) AIG AVIATION (TEXAS), INC. AND NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA v. HOLT HELICOPTERS, INC.; from Uvalde County; 4th district (04-05-00291-CV, 198 S. W.3d 276, 04/26/06) Dissenting opinion by Justice Willett Levine v. Shackelford, No. 06-0553 (Tex. Jan. 11, 2008)(per curiam) (default judgment, motion to set aside, standard, motion for new trial, Craddock test) SOL LEVINE, DOROTHEA LEVINE, AND MARDAN ENERGY CORPORATION v. SHACKELFORD, MELTON & MCKINLEY, L.L.P.; BRAGG, CHUMLEA, MCQUALITY; AND JOSEPH G. CHUMLEA, P.C.; from Dallas County; 5th district (05-05-00374-CV, ___ S.W.3d ___, 04/07/06) Jan. 4, 2008 - Texas Supreme Court issues first opinion of the year In Re Brookshire Grocery Co., No. 05-0300 (Tex. Jan. 4, 2008)(mandamus) (Opinion by Wallace Jefferson) (appellate procedure, post-trial motions, procedure, extension of trial court's plenary jurisdiction) IN RE BROOKSHIRE GROCERY COMPANY; from Wood County; 6th district (06-05-00033-CV, 160 S.W. 3d 288, 03/25/05) The Court denies the petition for writ of mandamus. Chief Justice Jefferson delivered the opinion of the Court, in which Justice O'Neill, Justice Medina, Justice Johnson, and Justice Willett joined. Justice Hecht delivered a dissenting opinion, in which Justice Wainwright, Justice Brister, and Justice Green joined. |
2008 TEXAS SUPREME COURT CASES
DECIDED WITH OPINIONS
DECIDED WITH OPINIONS
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