Tex. 2010 | List of Texas Supreme Court Opinions

2010 TEXAS SUPREME COURT CASES
DECIDED WITH OPINIONS

TEXAS APPELLATE CASE LAW LINKS
(Texas Supreme Court Decisions and
appeals court cases in which Petition for
Review was denied)

law-ADR-family-law
law-ADR
law-DJA-declaratory-judgment
law-DSA
law-DWOJ-dismissal-for-want-of-jurisdiction
law-DWOP-dismissal
law-HCLC
law-IIED-intentional-infliction-of-emotional-distress
law-ILA
law-JNOV
law-PI-auto-accidents-negligence
law-Rule-11-TRCP-11 Agreements
law-TTCA
law-WBA
law-abstract-questions-of-law
law-account stated
law-adverse-possession
law-advisory opinion
law-age-discrimination
law-animals
law-annexation
law-arbitration
law-asbesto s litigation
law-attorney-client-disputes
law-attorneys-fees
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law-capacity
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law-citation
law-civil-commitment
law-civil-conspiracy
law-class-actions
law-condemnation
law-construction
law-consumer-law
law-contempt
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law-credit-card-debt-suit
law-declaratory-judgment
law-deed
law-deed-restrictions-restrictive-covenants
law-deemed-admissions
law-defamation-credit
law-defamation-libel-slander
law-default-judgment
law-discovery-disputes
law-discovery-presuit
law-discovery-rule
law-divorce-property-division
law-domestication-enforcement-of-foreign-judgment
law-drivers-license-suspension-DUI-DWI
law-duress-undue-influence
law-easement
law-election-law
law-employment-at-will
law-employment
law-estoppel
law-execution-enforcement-of-judgment
law-exemplary-damages
law-exhaustion-of-administrative-remedies
law-expunction
law-family-law-international
law-family-law
law-federal-preemption
law-fire-insurance-liability
law-food-restaurant-hospitality
law-foreclosure
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law-foreign law
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law-fracturing-of-claims
law-fraudulent-concealment-tolling
law-fraudulent inducement
law-governmental-entities-local
law-governmental-entities-state-agencies
law-governmental-immunity
law-gross-negligence
law-hearsay-objection
law-home-equity-loans
law-home-owner
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law-individual-capacity
law-ineffective-assistance-of-counsel
law-informed-consent
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law-insurance-coverage-disputes
law-insurance-duty-to-defend-indemnify
law-insurance-life
law-intervention
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law-judicial-notice
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l aw-jury-error
law-jury-selection
law-juveniles
law-leases
law-lien
law-limitations
law-malpractice-legal
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law-money-had-and-received
law-mootness-doctrine
law-motion-for-continuance
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law-motion for rehearing
law-motion-to-reinstate
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law-negligence
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law-nonsuit
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law-oil-and-gas-and-minerals
law-parental-rights
law-parole-evidence-rule
law-partition-of-land
law-partnership disputes
law-permanent-injunction
law-plenary-power
law-post-divorce-actions
law-preemption-federal
law-premises-liability
law-prisoner-death
law-prisoner-suits
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law-probate
law-product-liability
law-promissory-note
law-property-taxes
law-public-employment
law-ratification
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law-reinstatement
law-religion
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law-restricted-appeal
law-retaliation
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law-ripeness-doctrine
law-sales-tax
law-sanctions
law-sovereign-immunity
law-special-appearance
law-special exception
law-specific-performance
law-standing-doctrine
law-statutory-construction
law-takings-claim-inverse-condemnation
law-temporary-orders-TRO
law-termination-of-parental-rights
law-test-for-abuse-of-discretion
law-tortious-interference
law-trade-secret
law-trade-secrets
law-turnover-order
law-unauthorized-practice-of-law-UPLC
law-unfair-competition
law-unliquidated-damages
law-venue
law-vex-lit
law-voluntary-underemployment
law-waiver
law-water
law-workers-comp
law-workplace-injury
plenary-power

2010 Texas Supreme Court Opinions including Dissents

Also see ---> 2 009 Texas Supreme Court Opinions

2008 Supreme Court of Texas Opinions

2007 Supreme Court of Texas Decisions

OPINIONS RELEASED IN JANUARY AND FEBRUARY 2010
(in reverse chronological order)

March 12, 2010

East Texas Salt Water Disposal Co., Inc. v. Werline (pdf), No. 07-0135 (Tex. Mar. 12, 2010) (Hecht)
EAST TEXAS SALT WATER DISPOSAL COMPANY, INC. v. RICHARD LEON WERLINE; from Gregg
County; 6th district (06-06-00039-CV, 209 SW3d 888, 12-18-06)
The Court affirms the court of appeals' judgment.
Justice Hecht delivered the opinion of the Court, in which Justice O'Neill, Justice Wainwright, Justice
Johnson, Justice Willett, and Justice Guzman joined. [pdf]
Justice Willett delivered a concurring opinion. [pdf]
Chief Justice Jefferson delivered a dissenting opinion, in which Justice Medina and Justice Green joined.
[pdf]
View Electronic Briefs in 07-0135 EAST TEX. SALT WATER DISPOSAL, CO., INC. v. WERLINE

Spir Star AG v. Kimich (pdf), No. 07-0340 (Tex. Mar. 12, 2010)(Jefferson)
SPIR STAR AG v. LOUIS KIMICH; from Harris County;
1st district (01-06-00129-CV, ___ SW3d ___, 02-08-07)
The Court affirms the court of appeals' judgment.
Chief Justice Jefferson delivered the opinion of the Court. [pdf]
View Electronic Briefs in 07-0340 SPIR STAR AG v. KIMICH

TXI Transportation Co. v. Hughes (pdf), No. 07-0541 (Tex. Mar. 12, 2010)
TXI TRANSPORTATION COMPANY, ET AL. v. RANDY HUGHES, ET AL.; from Wise County; 2nd district
(02-04-00242-CV, 224 SW3d 870, 05-24-07)
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Medina delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice
O'Neill, Justice Green, Justice Willett, and Justice Guzman joined, and in Part III of which Justice
Wainwright joined. [pdf]
Justice Wainwright delivered an opinion concurring in part and dissenting in part. [pdf]
(Justice Johnson not sitting)
View Electronic Briefs in 07-0541 TXI TRANSPORTATION CO. v. HUGHES

GO SUE A GOVERNMENT OFFICIAL: AGENCY ITSELF IMMUNE TO ULTRA VIRES CLAIM
TxDoI v. Reconveyance Services, Inc. (pdf), No. 07-0786 (Tex. Mar. 12, 2010)(per curiam)
(s overeign and governmental immunity, plaintiff should have brought ultra vires claim against agency
official, agency itself enjoys sovereign immunity, government entity entitled to grant of plea to the
jurisdition)
TEXAS DEPARTMENT OF INSURANCE v. RECONVEYANCE SERVICES, INC.; from Travis County; 3rd
district (03-06-00313-CV, 240 SW3d 418, 08-31-07)
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 [pdf]
View Electronic Briefs in 07-0786 TEX. DEPT. OF INS. v. RECONVEYANCE SERVICES, INC.

Spectrum Healthcare Resources, Inc. v. McDaniel (pdf), No. 07-0787 (Tex. Mar. 12, 2010)(Green)
SPECTRUM HEALTHCARE RESOURCES, INC., AND MICHAEL SIMS v. JANICE MCDANIEL AND PATRICK
MCDANIEL; from Bexar County; 4th district (04-06-00185-CV, 238 SW3d 788, 08-22-07)
The Court reverses the court of appeals' judgment and reinstates the trial court's judgment.
Justice Green delivered the opinion of the Court, in which Justice Hecht, Justice Wainwright, Justice
Johnson, Justice Willett, and Justice Guzman joined. [pdf]
Chief Justice Jefferson delivered a dissenting opinion (pdf), in which Justice O'Neill and Justice Medina
joined. [pdf]
View Electronic Briefs in 07-0787 SPECTRUM HEALTHCARE RESOURCES, INC. v. MCDANIEL

Walters v. Cleveland Regional Medical Center (pdf), No. 08-0169 (Tex. Mar. 12, 2010)(Willett)
TANGIE WALTERS v. CLEVELAND REGIONAL MEDICAL CENTER, SHIRLEY KIEFER, AND KEITH
SPOONER, M.D.; from Harris County; 1st district (01-06-01068-CV, 264 SW3d 154, 12-20-07)
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Willett delivered the opinion of the Court. [pdf]
View Electronic Briefs in 8-0169 WALTERS v. CLEVELAND REGIONAL MED. CENTER

Methodist Healthcare Systems of San Antonio, Ltd. v. Rankin (pdf), No. 08-0316 (Tex. Mar. 12, 2010)
(Willett)
METHODIST HEALTHCARE SYSTEM OF SAN ANTONIO, LTD., L.L.P., W.C. SCHORLEMER, M.D., AND
ROBERT SCHORLEMER, M.D. v. EMMALENE RANKIN; from Bexar County;
4th district (04-07-00305-CV, 261 SW3d 93, 03-05-08) 2 petitions
The Court reverses the court of appeals' judgment and renders judgment.
Justice Willett delivered the opinion of the Court. [pdf]
View Electronic Briefs 08-0316 METHODIST HEALTHCARE SSYTEM OF SAN ANTONIO, LTD., L.L.P. v.
RANKIN

SUPREMES ADD YET ANOTHER FACET TO MANDAMUS JURISPRUDENCE: MANDAMUS AFTER
SUPREME COURT APPEAL
In Re Columbia Med. Center of Las Colinas, Inc., No. 09-0733 (Tex. Mar. 12, 2010)(per curiam)
(exemplary damages reduced by mandamus after post-appeal final judgment)
IN RE COLUMBIA MEDICAL CENTER OF LAS COLINAS, INC. D/B/A LAS COLINAS MEDICAL CENTER;
from Dallas County
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court
conditionally grants the writ of mandamus.
Per Curiam Opinion [pdf]
View Electronic Briefs in 09-0733 IN RE COLUMBIA MED. CTR. OF LAS COLINAS, INC.

February 19, 2010 Tex. Opinions

SWBT Co. v. Marketing on Hold, Inc,. No. 05-0748 (Tex. Feb. 19, 2010)(Majority opinion by Wainwright)
(class action undone, class de-certified in interlocutory appeal, standing)
SOUTHWESTERN BELL TELEPHONE COMPANY v. MARKETING ON HOLD, INC. D/B/A SOUTHWEST
TARIFF ANALYST; from Cameron County; 13th district (13-03-00287-CV, 170 SW3d 814, 08-04-05)
emergency motion for expedited decision dismissed as moot
motion to dismiss denied
motion for damages and sanctions denied
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Wainwright delivered the opinion of the Court, in which Justice Hecht, Justice Green, Justice
Johnson, and Justice Willett joined.
Justice Harriet O'Neill delivered a dissenting opinion in SW Bell Telephone Co. v. Markeing on Hold (Tex.
2010) in which Chief Justice Jefferson and Justice Medina joined. (Justice Guzman not sitting)

City of Waco v. Kelley, No. 07-0485 (Tex. Feb. 19, 2010)(Johnson)(public employment, municipal civil
service disciplinary proceeding, judicial review of hearing examiner's decision, jurisdiction issue)
CITY OF WACO, TEXAS v. LARRY KELLEY; from McLennan County;
10th district (10-03-00214-CV, 226 SW3d 672, 05-02-07)
The Court reverses the court of appeals' judgment and remands the case to the trial court
Justice Phil Johnson delivered the opinion of the Court.

City of Dallas v. Abbott, AG, No. 07-0931 (Tex. Feb. 19, 2010)(Majority opinion by O'Neill)(Public
Information Act (PIA)) (exceptions from mandatory disclosure)
CITY OF DALLAS v. GREG ABBOTT, ATTORNEY GENERAL OF TEXAS; from Travis County;
7th district (07-06-00161-CV, 279 SW3d 806, 08-13-07)
The Court reverses the court of appeals' judgment and renders judgment.
Justice O'Neill delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice
Medina, Justice Green, and Justice Guzman joined.
Justice Dale Wainwright delivered a dissenting opinion in City of Dallas v. Abbott,
in which Justice Johnson joined.
(Justice Willett not sitting)

In re ADM Investor Services, Inc., No. 08-0570 (Tex. Feb. 19, 2010)(Opinion by Green) (forum selection
clause enforced by mandamus) (poor health of elderly plaintiff as reason for keeping case in Texas
rejected)
IN RE ADM INVESTOR SERVICES, INC.; from Rains County;
12th district (12-08-00125-CV, 257 SW3d 817, 06-30-08)
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court
conditionally grants the petition for writ of mandamus.
Justice Green delivered the opinion of the Court.
Justice Don R. Willett delivered a concurring opinion in In re ADM Investor Services, Inc.
View Electronic Briefs

February 12, 2010: SUPREMES ISSUE 3 PER CURIAMS

Galveston ISD v. Jaco, No. 09-0195 (Tex. Feb. 12, 2010)(per curiam)
(WBA case remanded to the court of appeals to determine whether plaintiff has alleged a violation under
the Texas Whistleblower Act under the court's new precedent in Lueck, which jurisdictionalized the
sufficiency of the facts pleaded in support of each element of the claim)
GALVESTON INDEPENDENT SCHOOL DISTRICT v. BRENT JACO; from Galveston County;
14th district (14-08-00271-CV, 278 SW3d 477, 01-20-09)
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. Per Curiam Opinion
(Justice Guzman not sitting) [she wrote the opinion in the court below]

In the Matter of RD, No. 09-0343 (Tex. Feb. 12, 2010)(per curiam)(juvenile proceedings, civil rules applied
to motion for new trial, error preservation for appellate review)
The Texas Supreme Court concludes that [the juvenile's] general challenge to the sufficiency of the
evidence to support the jury's delinquency finding met Rule 324's requirement for preserving his
challenge to the jury's rejection of his affirmative defense.
IN THE MATTER OF R.D., A JUVENILE; from Bexar County; 8th district (08-07-00100-CV, ___ SW3d ___,
03-12-09)
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.
Per Curiam Opinion

ORDERS ON PETITIONS FOR REVIEW: THE FOLLOWING PETITION FOR REVIEW IS ABATED:
Gallagher Headquarters Ranch Development, Ltd., No. 08-0773 (Tex. Feb. 12, 2010)(per curiam)(petition
abated, findings of fact requested from trial court, scope of release pursuant to settlement at issue)
GALLAGHER HEADQUARTERS RANCH DEVELOPMENT, LTD., CHRIS HILL AND JULIE HOOPER v. CITY
OF SAN ANTONIO AND CITY PUBLIC SERVICE; from Bexar County; 4th district (04-07-00325-CV, 269
SW3d 628, 07-23-08) abatement order issued
The petition is abated and remanded to the trial court for findings of fact. The trial court shall submit its
findings to this Court no later than May 3, 2010. The parties may, within thirty days after the trial court's
findings are submitted, provide a supplementary brief to this Court.
Per Curiam Opinion
(Justice Hecht not sitting)

January 22, 2010 OPINIONS ISSUED BY THE TEXAS SUPREME COURT

In re JHG, No. 09-0531 (Tex. Jan. 22, 2010) (per curiam)
(termination of parental rights appeal, statement of points)
IN RE J.H.G.; from Collin County; 5th district (05-08-00875-CV, 290 SW3d 400, 05-14-09)
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.
Per Curiam Opinion
View Electronic Briefs

January 15 , 2010 OPINIONS ISSUED BY THE TEXAS SUPREME COURT

Carroll v. Carroll, No. 08-0644 (Tex. Jan. 22, 2010)(per curiam)(proceedings concerning trust, trustee
removal, suit for accounting by trustee belong in district court, not county court)
JOHNNY CARROLL, INDIVIDUALLY AND AS TRUSTEE OF THE JOHNNY CARROLL TRUST v. LETHA
FRANCES CARROLL AND DONALD CARROLL; from Hill County; 10th district (10-07-00006-CV, ___
SW3d ___, 05-14-08)
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, vacates the county court's
judgment, and remands the case to the county court.
Per Curiam Opinion

Kelly v. General Interior Construction, Inc., No. 08-0669 (Tex. Jan. 22, 2010)(Guzman)(no personal
jurisdiction, out-of-state officers of construction company should have been granted special appearance,
no minimum contacts shown)
DAN KELLY AND LAURA HOFSTATTER v. GENERAL INTERIOR CONSTRUCTION, INC.; from Harris
County; 14th district (14-07-00270-CV, 262 SW3d 79, 07-03-08)
The Court reverses in part the court of appeals' judgment and renders judgment.
Justice Eva M. Guzman delivered the opinion of the Court.

In re United Scaffolding, Inc., No. 09-0403 (Tex. Jan. 22, 2010)(per curiam)
(grant of new trial after jury verdict requires explanation pursuant to recently established new precedent)
IN RE UNITED SCAFFOLDING, INC.; from Jefferson County; 9th district (09-09-00098-CV, 287 SW3d 274,
04-16-09)
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