2008 Texas Supreme Court Opinions by Justice Paul W. Green

DiGiuseppe v. Lawler, No. 04-0641(Tex. Oct. 17, 2008)(specific performance)           
NICK DIGIUSEPPE D/B/A SOUTHBROOK DEVELOPMENT CO. AND FRISCO MASTER PLAN v. ROGER
LAWLER; from Collin County; 5th district (05-03-00468-CV, ___ SW3d ___, 06-03-04)
The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the
trial court.
Justice Alan Waldrop delivered the opinion of the Court, in which Justice Hecht, Justice Wainwright, Justice
Brister, and Justice Willett joined.
Justice
Green delivered a dissenting opinion, in which Chief Justice Jefferson, Justice O'Neill, and
Justice Johnson joined.
(Justice Waldrop sitting by commission pursuant to Section 22.005 of the Texas Government Code)
(Justice Medina not sitting)

Columbia Medical Center of Los Colinas v. Hogue, No. 04-0575 (Tex. Aug. 29, 2008)(Wainwright)
(HCLC med-mal
gross negligence damages, contributory negligence, trifurcation)
COLUMBIA MEDICAL CENTER OF LAS COLINAS, INC. D/B/A LAS COLINAS MEDICAL CENTER v.
ATHENA HOGUE, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF ROBERT HOGUE, JR.,
DECEASED, CHRISTOPHER HOGUE, AND ROBERT HOGUE, III; from Dallas County; 5th district
(05-03-00279-CV, 132 SW3d 671, 04-13-04)   
The Court affirms in part and reverses in part the court of appeals' judgment.
Justice Wainwright delivered the opinion of the Court, in which Chief Justice Jefferson, Justice O'Neill,
Justice Brister, Justice Medina, Justice Johnson, and Justice Willett joined, and in Parts II-A, II-C, and II-D of
which Justice Hecht and Justice Green joined.
Justice
Brister delivered a concurring opinion, in which Justice Medina joined.
Justice
Green delivered an opinion concurring in part and dissenting in part (opposing gross
negligence damages), in which Justice Hecht joined.  

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)
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.

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)
(
premises liability, independent contractor, workplace injury, workers compensation non-subscriber)       
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)

In re Team Rocket, LP, No. 06-0414 (Tex. May 23, 3008)(Opinion by Justice 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.

Canyon Regional Water Authority v. Guadalupe-Blanco River Authority, No. 06-0873 (Tex. May 16,
2008)(Opinion by
Paul Green) (water law, 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.

Justice
Green delivered a dissenting opinion in Higgins II, in which Justice Wainwright and Justice
Willett joined.
Higgings v. Randall County Sheriff's Office (Higgins II), No. 06-0917 (Tex. May 16, 2008)
(Opinion by
Harriet O'Neill)
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.

Owens & Minor, Inc. v. Ansell Healthcare Products, Inc., No. 06-0322 (Tex. Mar 28, 2008)(Green)
(certified 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.

Evanston Ins. Co. v. Atofina Petrochemicals, Inc., No. 03-0647 (Tex. Feb. 15, 2008)(Superseded
opinion on first motion for rehearing by 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.
Texas Supreme Court Opinions on the web
2008 TEXAS SUPREME COURT OPINIONS
BY JUSTICE PAUL W. GREEN
JUSTICES
Chief Justice Wallace B. Jefferson
Justice Nathan L. Hecht
Justice Scott A. Brister
Justice David Medina
Justice Harriet O'Neill
Justice Dale Wainwright
Justice Paul W. Green
Justice Phil Johnson
Justice Don R. Willett
LINKS FOR TEX. SUP. CT. ACTIVITY
Texas Supreme Court Opinions 2008
Tex 2008 Mandamus Opinions
Per Curiam Opinions (Tex. 2008)
Texas Supreme Court Orders 2008
Petitions for Review Denied 2008
Petitions Granted in 2008
SUPREME COURT RULINGS
BY LAW SUIT TYPE
PRACTICE AREA
Tex 2008 Opinions by Category (Index)
Medical MalpractIce Decisions
Consumer Law and Class Actions
Supreme Court Family Law Decisions
JUDICIAL POLITICS PAGES
2008 Judicial Election Campaigns