Recent Texas Supreme Court Opinions (Tex. 2008) ........................ Maintained and updated by Wolfgang Hirczy de Mino

2008 Texas Supreme Court Opinions, Concurrences, & Dissents

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DECISION STATISTICS: Texas Supreme Court Opinion Production and Reversal Rate
PETITION DENIALS:
Petitions for Review denied by Tex as Sup reme C our t. in January 2008
Petitions for Review denied by Tex as Sup reme C ourt . in February 2008
Petitions for Review denied by Tex as Sup reme C ourt . in March 2008
Petitions for Review denied by Tex as Sup reme C ourt . in April 2008
Petitions for Review denied by Tex as Sup reme C ourt . in May 2008
Petitions for Review denied by Tex as Sup reme C our t in June 2008
Petitions for Review denied by Texas Supreme Court in Ju ly 2008
Petitions for Review denied in August 2008
Petitions for Review denied in September 2008
Most recently denied petitions

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November 14, 2008 Texas Supreme Court Opinions

SSP Parnters and Metro Novelties, Inc., No. 05-0721 (Tex. Nov. 14, 2008)(Hecht)
(products liability, indemnity)
SSP PARTNERS AND METRO NOVELTIES, INC. v. GLADSTRONG INVESTMENTS (USA)
CORPORATION; from Hidalgo County; 13th district (13-02-00671-CV, 169 SW3d 27, 04-07-05)
2 petitions
The Court affirms the court of appeals' judgment.
Justice Hecht delivered the opinion of the Court.

Kerlin v. Soto Arias, No. 06-0097 (Tex. Nov. 14, 2008)(challenge to deed, sufficiency of affidavit, lack
personal knowledge, hearsay, foreign language translation)
GILBERT KERLIN, INDIVIDUALLY, GILBERT KERLIN, TRUSTEE, WINDWARD OIL & GAS CORP., AND PI
CORP v. GLORIA SOTO ARIAS, ET AL.; from Cameron County; 13th district (13‑03‑00364‑CV, ___
SW3d ___, 01‑05‑06)
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.
Per Curiam Opinion

Perry v. Cohen, No. 07-0301 (Tex. Nov. 14, 2008)(special exceptions dismissal)
EMORY B. PERRY, ET AL. v. DARRYL R. COHEN, ET AL.; from Travis County; 3rd district
(03-05-00786-CV, ___ SW3d ___, 01-05-07) as amended
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

In R e Transcontinental Realty Investors, Inc. No. 07-0608 (Tex. Nov. 14, 2008)(venue mandamus in
condemnation suit, motion to transfer venue)
IN RE TRANSCONTINENTAL REALTY INVESTORS, INC.; from Kaufman County; 5th district
(05-07-00726-CV, ___ SW3d ___, 07-25-07)
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court
conditionally grants the petition for writ of mandamus.
Per Curiam Opinion

In R e Union Carbide Corp. No. 07-0987 (Tex. Nov. 14, 2008)(mandamus granted, severance,
intervention disallowed)
IN RE UNION CARBIDE CORPORATION; from Galveston County; 1st district (01‑07‑00707‑CV, ___
SW3d ___, 10‑25‑07)
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court
conditionally grants the petition for writ of mandamus.
Per Curiam Opinion

In Re Shondra Buster, No. 08-0125 (Tex. Nov. 14, 2008)(mandamus in HCLC case, expert report
requirement)
IN RE SHONDRA BUSTER, PERSONAL REPRESENTATIVE OF THE ESTATE OF JAMES BREWER;
from Nacogdoches County; 12th district (12-06-00349-CV, 243 SW3d 848, 01-16-08)
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court
conditionally grants the petition for writ of mandamus.
Per Curiam Opinion

In Re Next Financial Groups, Inc., No. 08-0192 (Tex. Nov. 14, 2008)(arbitration, employment dispute
arbitration securities broker's Sabine Pilot claim for wrongful termination)
IN RE NEXT FINANCIAL GROUP, INC.; from Harris County; 14th district (14-08-00005-CV, ___ SW3d
___, 03-06-08) stay order issued March 28, 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.
Per Curiam Opinion

October 17, 2008 - One Case Decided (opinion by assigned judge)

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)

October 10, 2008 Opinion

Kerlin v. Sauceda, No. 05-0653 (Tex. Oct. 10, 2008)(subst op. by O'Neill)
(oil and gas law, statute of limitations not tolled)
GILBERT KERLIN, INDIVIDUALLY, GILBERT KERLIN, TRUSTEE, WINDWARD OIL & GAS CORP., AND PI
CORP. v. CONCEPCION SAUCEDA, ET AL.; from Cameron County; 13th district
(13-01-00062-CV, 164 SW3d 892, 06-09-05)
The Court's opinion of August 29, 2008 is withdrawn and the opinion of this date is issued. The
concurring opinion by Justice Brister and the judgment, issued August 29, 2008, remain in place.
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 Wainwright,
Justice Medina, Justice Green, and Justice Johnson joined.
Justice Brister delivered a concurring opinion, in which Justice Hecht, Justice Medina, and Justice Willett
joined.

September 26, 2008 Texas Supreme Court Opinions

UPLC v. Nationwide Mutual Ins. Co., No. 05-0130 (Tex. Sep. 26, 2008)(per curiam opinion on motion for
rehearing)(legality of insur er's use of staff attorneys to defend insured)
UNAUTHORIZED PRACTICE OF LAW COMMITTEE v. NATIONWIDE MUTUAL INSURANCE COMPANY
AND SEAN P. MARTINEZ; from Bexar County; 4th district (04-04-00184-CV, 155 SW3d 590, 12-08-04)
Per Curiam Opinion

Davis v. Fisk Electric Co., No. 06-0162 (Tex. Sep. 26, 2008)(Jefferson)
(jury selection, denial of Batson challenge to race-based juror strike was error, new trial ordered)
DONALD DAVIS v. FISK ELECTRIC COMPANY, FISK TECHNOLOGIES & FISK MANAGEMENT, INC.;
from Harris County; 14th district (14-04-00790-CV, 187 SW3d 570, 01-12-06)
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, joined by Justice Hecht, Justice O'Neill, Justice
Wainwright, Justice Medina, Justice Green, Justice Johnson, and Justice Willett.
Justice Brister delivered a concurring opinion, in which Justice Medina joined as to Part III.

Reliance Steel & Aluminum Co. v. Sevcik, No. 06-0422 (Tex. Sep. 26, 2008)(Brister)
(evidence of defendant's wealth in accident PI case not admissible, jury verdict reversed)
RELIANCE STEEL & ALUMINUM CO. AND SAMUEL ALVARADO v. MICHAEL SEVCIK AND CATHY
LOTH; from Waller County; 13th district (13-03-00407-CV, ___ SW3d ___, 03-09-06)
respondents' motion to strike petitioners' brief on the merits dismissed as moot
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Brister delivered the opinion of the Court.

Martinez-Partido v. Methodist Specialty and Transplant Hospital, No. 06-0611(Tex. Sep. 26, 2008)(per
curiam) (HCLC, Plaintiff entitled to remand for opportunity to fix expert report found deficient on appeal)
MAURICIO MARTINEZ-PARTIDO v. METHODIST SPECIALTY AND TRANSPLANT HOSPITAL;
METHODIST HEALTHCARE SYSTEM OF SAN ANTONIO, LTD., L.L.P. D/B/A METHODIST SPECIALTY
AND TRANSPLANT HOSPITAL; JANE OR JOHN DOE(S), HOSPITAL EMPLOYEE(S); AND JANE OR
JOHN DOE(S), HOSPITAL NURSE(S); from Bexar County; 4th district (04-05-00868-CV, ___ SW3d ___,
06-14-06)
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 remands the case to the
trial court.
Per Curiam Opinion

Adams v. YMCA of San Antonio, No. 07-0221(Tex. Sep. 26, 2008)(per curiam)
(jury's award of future mental anguish damages in child sexual abuse case supported by the evidence)
JOHN A. ADAMS AND JANE A. ADAMS, INDIVIDUALLY, AND AS NEXT FRIENDS OF A.A., A MINOR v.
YMCA OF SAN ANTONIO, D/B/A YMCA OF SAN ANTONIO AND HILL COUNTRY; from Bexar County; 4th
district (04-04-00931-CV, 220 SW3d 1, 07-12-06)
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.
Per Curiam Opinion

David J. Sacks, PC v. McIntre Haden, No. 07-0472 (Tex. Sep. 26, 2008)(substituted per curiam opinion
on motion for rehearing)(parole evidence rule bars evidence of oral agreement to cap attorney fees)
DAVID J. SACKS, P.C. D/B/A SACKS & ASSOCIATES v. CHARLES MCINTYRE HADEN, JR.,
INDIVIDUALLY, AND CHARLES MCINTYRE HADEN, JR. & COMPANY D/B/A HADEN & COMPANY; from
Harris County; 1st district (01-01-00200-CV, 222 SW3d 580, 03-08-07)
motion for rehearing granted
The Court's opinion and judgment of July 11, 2008 are withdrawn and the opinion and judgment of this
date are substituted.
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, renders judgment in part, and
remands the case to the court of appeals.
Per Curiam Opinion

State of Texas v. Dawmar Partners, Ltd., No. 07-0548 (Tex. Sep. 26, 2008)(per curiam)
(condemnation appeal, state prevails)
THE STATE OF TEXAS v. DAWMAR PARTNERS, LTD., A TEXAS LIMITED PARTNERSHIP, AND
HOWARD WAYNE GRUETZNER AND BEVERLY ANN GRUETZNER (A/K/A BEVERLY G. SHAW), CO-
INDEPENDENT EXECUTORS OF THE ESTATE OF MARTHA LILLIAN ATTAWAY GRUETZNER (A/K/A
MARTHA LILLIAN ATTAWAY GRUETSNER); from McLennan County; 10th district (10-06-00136-CV, ___
SW3d ___, 05-30-07)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without
hearing oral argument, the Court affirms in part and reverses in part the court of appeals' judgment and
remands the case to the trial court.
Per Curiam Opinion

August 29, 2008 Texas Supreme Court Opinions (End of Fiscal Year)

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 of trial, interest on
judgment)
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, in which Justice Hecht
joined.

In re Poly-America, LP, No. 04-1049 (Tex. Aug. 29, 2008)(O'Neill)
(arbitration in employment context, retaliatory discharge, mandamus review of order compelling
arbitration)
IN RE POLY-AMERICA, L.P., IND. AND D/B/A POL-TEX INTERNATIONAL, AND POLY-AMERICA GP,
L.L.C.; from Chambers County; 1st district
(01-03-01055-CV, 175 SW3d 315, 09-09-04)
The Court conditionally grants the petition for writ of mandamus.
Justice O'Neill delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice
Wainwright, Justice Medina, Justice Green, and Justice Johnson joined.
Justice Brister delivered a dissenting opinion.
(Justice Willett not sitting)

State of Texas v. Brown, No. 05-0236 (Tex. Aug. 29, 2008)(Johnson)
(condemnation, fees to landowner reversed))
THE STATE OF TEXAS v. J. GRADY BROWN, JR.; from Denton County; 2nd district
(02-04-00035-CV, 158 SW3d 68, 01-27-05)
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 Johnson delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht,
Justice Wainwright, Justice Brister, Justice Medina, Justice Green, and Justice Willett joined.
Justice O'Neill delivered an opinion concurring in part and dissenting in part.

Coastal Oil & Gas Corp. v. Garza Energy Trust, No. 05-0466 (Tex. Aug. 29, 2008)(Hecht)
(oil and gas law, trespass, rule of capture)
COASTAL OIL & GAS CORPORATION AND COASTAL OIL & GAS USA, L.P. v. GARZA ENERGY TRUST
ET AL.; from Hidalgo County; 13th district
(13-02-00136-CV, 166 SW3d 301, 05-05-05)
The Court reverses the court of appeals' judgment, renders judgment in part, and remands the case to
the trial court.
Justice Hecht delivered the opinion of the Court, in which Justice Brister, Justice Green, Judge
Christopher, and Justice Pemberton joined, and in all but Part II-B of which Chief Justice Jefferson,
Justice Medina, Justice Johnson, and Justice Willett joined.
Justice Willett delivered a concurring opinion.
Justice Johnson delivered an opinion concurring in part and dissenting in part, in which Chief Justice
Jefferson joined, and in Part I of which Justice Medina joined.
(Judge Tracy Christopher and Justice Robert Pemberton sitting by appointment pursuant to section
22.005 of the Texas Government Code) (Justice O'Neill and Justice Wainwright not sitting)

Kerlin v. Sauceda, No. 05-0653 (Tex. Aug. 29, 2008)(O'Neill)
(oil and gas royalties, claims barred by limitations)
GILBERT KERLIN, INDIVIDUALLY, GILBERT KERLIN, TRUSTEE, WINDWARD OIL & GAS CORP., AND PI
CORP. v. CONCEPCION SAUCEDA, ET AL.; from Cameron County; 13th district
(13-01-00062-CV, 164 SW3d 892, 06-09-05)
petitioners' motion to consolidate dismissed as moot
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 Wainwright,
Justice Medina, Justice Green, and Justice Johnson joined.
Justice Brister delivered a concurring opinion, in which Justice Hecht, Justice Medina, and Justice Willett
joined.

In Re McAllen Medical Center , No. 05-0892 (Tex. Aug 29, 2008)(Corrected Opinion by Brister)
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, ___ SW3d ___, 10-05-05)
real parties in interest's motion for oral argument denied
corrected opinion issued

Forest Oil Corp v. McAllen, No. 06-0178 (Tex. Aug. 29, 2008)(Willett)(arbitration, commercial contact,
fraudulent inducement claim barred by contractual waiver of reliance language)
FOREST OIL CORPORATION AND DANIEL B. WORDEN v. JAMES ARGYLE MCALLEN, EL RUCIO
LAND AND CATTLE COMPANY, INC., SAN JUANITO LAND PARTNERSHIP, AND MCALLEN TRUST
PARTNERSHIP; from Hidalgo County; 13th district (13-05-00419-CV, ___ SW3d ___, 12-15-05)
stay order issued November 2, 2007, lifted
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Willett delivered the opinion of the Court, in which Justice Hecht, Justice O'Neill, Justice
Wainwright, Justice Brister, Justice Green, and Justice Johnson joined.
Chief Justice Jefferson delivered a dissenting opinion, in which Justice Medina joined.

Ulico Casualty Co. v. Allied Pilots Association, No. 06-0247 (Tex. Aug. 29, 2008)(Johnson)
(insurance coverage, non-coverage claim, waiver, estoppel)
ULICO CASUALTY COMPANY v. ALLIED PILOTS ASSOCIATION; from Tarrant County; 2nd district
(02-04-00120-CV, 187 SW3d 91, 12-15-05)
The Court reverses the court of appeals' judgment and renders judgment.
Justice Johnson delivered the opinion of the Court.
Chief Justice Jefferson delivered a concurring opinion, in which Justice O'Neill joined.

In re Baylor Medical Center at Garland, No. 06-0491 (Tex. Aug. 29, 2008)(Brister)(HCLC, mandamus
proceeding abated to afford new trial judge opportunity to reconsider issue of granting / ungranting new
trial, plenary power)
IN RE BAYLOR MEDICAL CENTER AT GARLAND; from Dallas County; 5th district
(05-05-01663-CV, ___ SW3d ___, 01-04-06)
abatement order issued
stay order issued
The Court abates this cause pursuant to Texas Rule of Appellate Procedure 7.2.
Justice Brister delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice
O'Neill, Justice Wainwright, Justice Green, Justice Medina, and Justice Willett joined.
Justice Johnson delivered a dissenting opinion. (would address problem raised by the case through
Court's rulemaking power)

Zurich American Ins. Co. v. Nokia Inc., No. 06-1030 (Tex. Aug. 29,2008)(Jefferson)
(insurance coverage, duty to defend)
ZURICH AMERICAN INSURANCE COMPANY, FEDERAL INSURANCE COMPANY, AND NATIONAL UNION
FIRE INSURANCE COMPANY v. NOKIA, INCORPORATED; from Dallas County; 5th district
(05-04-01729-CV, 202 SW3d 384, 08-21-06)
The Court modifies the court of appeals' judgment and affirms that judgment as modified.
Chief Justice Jefferson delivered the opinion of the Court, in which Justice O'Neill, Justice Wainwright,
Justice Medina, Justice Green, Justice Johnson, and Justice Willett joined.
Justice Hecht delivered a dissenting opinion, in which Justice Brister joined.

Federal Ins. Co. v. Samsung Electronics America, No. 06-1040 (Tex. Aug. 29, 2008)(Jefferson)
(duty to defend cell phone company against consumer class action found)
FEDERAL INSURANCE COMPANY v. SAMSUNG ELECTRONICS AMERICA, SAMSUNG
TELECOMMUNICATIONS AMERICA, L.P. F/K/A SAMSUNG TELECOMMUNICATIONS AMERICA, INC.
AND SAMSUNG ELECTRONICS CO., LTD.; from Dallas County; 5th district
(05-04-01316-CV, 202 SW3d 372, 08-21-06)
The Court affirms the court of appeals' judgment.
Chief Justice Jefferson delivered the opinion of the Court, in which Justice O'Neill, Justice Wainwright,
Justice Medina, Justice Green, Justice Johnson, and Justice Willett joined.
Justice Hecht delivered a dissenting opinion, in which Justice Brister joined.

Trinity Universal Ins. Co. v. Cellular One Group, No. 07-0140 (Tex. Aug. 29, 2008)(Jefferson)
(insurance law, duty to defend, companion case to Zurich v. Nokia)
TRINITY UNIVERSAL INSURANCE COMPANY v. CELLULAR ONE GROUP; from Dallas County; 5th
district (05-04-01641-CV, ___ SW3d ___, 01-09-07)
The Court affirms the court of appeals' judgment.
Chief Justice Jefferson delivered the opinion of the Court, in which Justice O'Neill, Justice Wainwright,
Justice Medina, Justice Green, Justice Johnson, and Justice Willett joined.
Justice Hecht delivered a dissenting opinion, in which Justice Brister joined.

Trammell Crow Central Texas, Ltd v. Gutierrez, No. 07-0091 (Tex. Aug. 29, 2008)(Willett)
(premises liability, owner liability for crime on property, forseeability, no duty)
TRAMMELL CROW CENTRAL TEXAS, LTD. v. MARIA GUTIERREZ, INDIVIDUALLY AND AS
REPRESENTATIVE OF THE ESTATE OF LUIS GUTIERREZ; AND KAROL FERMAN AS NATURAL
PARENT AND AS NEXT FRIEND OF LUIS ANGEL GUTIERREZ; from Bexar County; 4th district
(04-05-00056-CV, 220 SW3d 33, 12-20-06)
The Court reverses the court of appeals' judgment and renders judgment.
Justice Willett delivered the opinion of the Court, in which Justice O'Neill, Justice Wainwright, Justice
Medina, and Justice Green joined.
Chief Justice Jefferson delivered a concurring opinion, in which Justice Hecht, Justice Brister, and Justice
Johnson joined.

In re Calla Davis, No. 07-0147 (Tex. Aug. 29, 2008)(Jefferson) (mandamus denial)(election law)
(alcohol regulation by popular vote, procedure for local option referendum to turn dry area wet when
boundaries of relevant area have changed)
IN RE CALLA DAVIS, MELVIN HURST III, AND ANN B. HEARN; 5th district
(05-07-00198-CV, ___ SW3d ___, 02-22-07)
motion to strike response to mandamus, as amended, denied
Pursuant to Texas Rule of Appellate Procedure 52.8(a), the Court denies the petition for writ of
mandamus.
Chief Justice Jefferson delivered the opinion of the Court.

Don's Building Supply, Inc. v. Onebeacon Ins. Co., No. 07-0639 (Tex. Aug. 29, 2008)(Willett)
(cert. questions)(insurance coverage dispute, duty to defend, eight corners rule, belated discovery of
residential construction defect)
DON'S BUILDING SUPPLY, INC. v. ONEBEACON INSURANCE COMPANY, AS ASSIGNEE OF POTOMAC
INSURANCE COMPANY OF ILLINOIS
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.

In Interest of MN, a Child, No. 07-0698 (Tex. Aug. 29, 2008)(Johnson)
(termination of parental rights, appellate procedure, extension to file statement of points for appeal)
IN THE INTEREST OF M.N., A CHILD; from Taylor County; 11th district
(11-06-00228-CV, 230 SW3d 248, 05-10-07)
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.
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 a dissenting opinion (would address constitutional issue avoided by majority)

August 29, 2008 Per Curiam Opinions

Unifund CCR Partners v. Weaver, No. 07-0682 (Tex. Aug. 29,2008)(per curiam)
(credit card suit, deemed admissions, improper objections to discovery requests, limitations defense)
UNIFUND CCR PARTNERS v. KENNETH F. WEAVER; from McLennan County; 10th district
(10-06-00207-CV, 231 SW3d 441, 07-11-07)
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.

Guitar Holding Co., LP v. Hudspeth County Underground Water Conservation District No. 1,
No. 06-0904 (Tex. Aug. 29, 2008)(suppl. opinion on rehearing) (per curiam)
(abandonment of issues on appeal)
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 & 08-05-00115-CV, 209 SW3d 172, 08-31-06)
3 motions for rehearing
judgment issued March 30, 2008, withdrawn
corrected judgment issued
Supplemental Per Curiam Opinion

Brookshire Grocery v. Goss, No. 07-0085 (Tex. Aug. 29, 2008)(per curiam)
(workplace injury, judgment for injured employee reversed, no duty)
BROOKSHIRE GROCERY COMPANY v. BARBARA GOSS; from Wood County; 6th district
(06-05-00036-CV, 208 SW3d 706, 11-20-06)
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.

In re Kiberu, No. 07-0959 (Tex. Aug. 29, 2008)(per curiam)(presuit discovery mandamus)
IN RE SIMON KIBERU AND HARRIS METHODIST H-E-B HOSPITAL; from Tarrant County; 2nd district
(02-07-00312-CV, 237 SW3d 445, 11-01-07)
stay order issued November 30, 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.

Bismar, MD v. Morehead, No. 08-0009 (Tex. Aug. 29, 2008)(per curiam)(Med-Mal, sufficiency of expert
report, doctor entitled to interlocutory appeal of order denying motion to dismiss)
MIKE BISMAR, M.D. v. DOROTHY A. MOREHEAD, VAUGHN R. MOREHEAD AND JAMES P.
MOREHEAD, III, INDIVIDUALLY AND AS HEIRS AT LAW OF GLORIA MOREHEAD, DECEASED; from
Tarrant County; 2nd district
(02-07-00360-CV, ___ SW3d ___, 11-29-07)
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.

In Interest of GB, No. 08-0380 (Tex. Aug. 29, 2008)(per curiam) (termination of parental rights, may
ineffective assistance of counsel claims raised for the first time on appeal)
IN THE INTEREST OF G.B., P.B., N.B., AND V.R., CHILDREN; from Washington County; 1st district
(01-07-00699-CV, ___ SW3d ___, 04-03-08)

August 1, 2008 - August 22, 2008 No opinions released

Texas Supreme Court Orders Issued July 25, 2008: Supremes decide not to
decide - Deny review in five identical one-sentence (non) opinions

In Interest of SKA, MA, and SA, No. 07-1045 (Tex. July 25, 2008)(per curiam denial)
(family law, termination of parental rights appeals)(constitutionality of Texas Family Code section
263.4059(i) requiring statement of points for appeal not decided)
IN THE INTEREST OF S.K.A., M.A. AND S.A., CHILDREN; from Gregg County; 6th district
(06-07-00003-CV, 236 SW3d 875, 10-17-07) 2 petitions

In Interest of KW and MA, No. 08-0254 (Tex. July 25, 2008)(per curiam)(termination)
IN THE INTEREST OF K.W. & M.A., CHILDREN; from Tarrant County; 2nd district
(02-06-00461-CV, ___ SW3d ___, 02-28-08)

In Interest of DW, TW, and SG, No. 08-0258 (Tex. July 25, 2008)(per curiam)(termination)
IN THE INTEREST OF D.W., T.W. AND S.G., CHILDREN; from Tarrant County; 2nd district
(02-06-00191-CV, 249 SW3d 625, 02-19-08)

In Interest of JJ, No. 08-0299 (Tex. July 25, 2008)(per curiam)(termination)
IN THE INTEREST OF J.J., A CHILD; from Tarrant County; 2nd district
(02-06-00333-CV, ___ SW3d ___, 03-06-08)
2 petitions

In Interest of DF, No. 08-0378 (Tex. 25, 2008)(per curiam)(termination)
IN THE INTEREST OF D.F., A CHILD; from Tarrant County; 2nd district
(02-07-00056-CV, ___ SW3d ___, 03-27-08)

Texas Supreme Court Opinions Released July 11, 2008

City of Waco, Texas v. Lopez, No. 06-0089 (Tex. July 11, 2008)(Opinion by Justice Wainwright)
(Whistleblower Act, TCHRA, anti-discrimination statute as exclusive remedy for retaliation claim at issue,
failure to satisfy prerequisites for suit by not filing with agency first,)
CITY OF WACO, TEXAS v. ROBERT LOPEZ; from Limestone County; 10th district (10-04-00085-CV,
183 SW3d 825, 12-14-05)
The Court reverses the court of appeals' judgment and dismisses the case.
Justice Wainwright delivered the opinion of the Court.

David J. Sacks, PC v. McIntre Haden, No. 07-0472 (Tex. July 11, 2008)(per curiam)
(attorney's fee collection suit, hourly fee contract enforced as written, parol evidence rule bars testimony
of oral agreement to cap fees)
DAVID J. SACKS, P.C. D/B/A SACKS & ASSOCIATES v. CHARLES MCINTYRE HADEN, JR.,
INDIVIDUALLY, AND CHARLES MCINTYRE HADEN, JR. & COMPANY D/B/A HADEN & COMPANY; from
Harris County; 1st district (01-01-00200-CV, 222 SW3d 580, 03-08-07)
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 reinstates the trial court's
judgment.

Sacks , PC v. Haden, No. 07-0487 (Tex. July 11, 2008)(per curiam)
(turnover order to enforce judgment in attorney's fees collection case)
DAVID J. SACKS, P.C. D/B/A SACKS & ASSOCIATES v. CHARLES MCINTYRE HADEN, JR.,
INDIVIDUALLY, AND CHARLES MCINTYRE HADEN, JR. & COMPANY D/B/A HADEN & COMPANY; from
Harris County; 1st district (01-03-00025-CV, 222 SW3d 580, 03-08-07)
unopposed motion to consolidate 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 remands the case to that
court.

Sells v. Drott, No. 07-0848 (Tex. July 11, 2008)(per curiam)
(default judgment set aside, unauthorized practice of law, pro se self-representation)
LAVERNA SELLS v. EARL DROTT; from Smith County; 12th district (12-07-00020-CV, ___ SW3d ___,
07-18-07)
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, vacates the trial court
judgment, and remands the case to the trial court.

Texas Supreme Court Opinions Issued June 27, 2008

Also see --> List of Tex. Opinion issued Jan-June 2008 with case details

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.

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)
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 OAG, No. 08-0165 (Tex. June 27, 2008) (per curiam) (child support collection,
temporary orders, TRO void set aside by 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 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)

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)
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)
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)

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)
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)

June 6, 2008 Texas Supreme Court Decisions

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 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)

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)
Justice Willett delivered an opinion concurring in part and dissenting in part.

May 30, 2008 Texas Supreme Court Opinions

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)

In Re Zandi, No. 070919 (Tex. May 30, 2008)(per curiam)
(family law case, child support contempt, habeas corpus granted)

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)
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)
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 Texas Supreme Court Opinions

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.)
- consolidated with -
Pettit, D.O. v. Dowell (Tex. May 23, 2008)
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)
Justice Wainwright delivered a concurring opinion, in which Chief Justice Jefferson and Justice O'Neill
joined.

May 16, 2008 Texas Supreme Court Decisions

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)
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)
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)

In Re CitiGroup Global Markets, Inc., No. 06-0886 (Tex. May 16, 200)(per curiam)(arbitration compelled,
no waiver found)

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)
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)

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)

May 2, 2008 Texas Supreme Court 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)
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.

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) 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)

Villafani v s . 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)

Barrera, MD v s . 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)

Regent Care Center of San Antonio II, LP v s . 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)

UT-PAN AM v. Aguilar, No. 07-0424 (Tex. Apr. 18, 2008)(per curiam)
(TTCA, premises liability, dangerous condition, ostrich defense)

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)

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)
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)

Lewis, MD v. Funderburk, No.. 06-0518 (Tex. Apr. 11, 2008) (Brister) (HCLC, interlocutory appeal)
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)

Diaz-Rohena, M .D . v. Melton, No. 07-0173 (Tex. Apr. 11, 2008)(per curiam)(HCLC, ILA)

Center for Neurological Disorders, P .A . v. George, No. 07-0174 (Tex. Apr. 11, 2008)(per curiam) (HCLC,
ILA)

Collini, M .D . v. Pustejovsky, No. 07-0227 (Tex. Apr. 11, 2008)(per curiam)(HCLC, ILA)

Graham Oaks Care Center, Inc. v. Farabee No. 07-0228 (Tex. Apr. 11, 2008)(per curiam)(HCLC, ILA)

Danos v. Ritter, MD, No. 07-0312 (Tex. Apr. 11, 2008)(per curiam)(HCLC, ILA)

Hill Regional Hospital v. Runnels, No. 07-0368 (Tex. Apr. 11, 2008)(per curiam)(HCLC, ILA)

Metwest, Inc. v. Rodriguez, Jr., No. 07-0422 (Tex. Apr. 11, 2008)(per curiam)(HCLC, ILA)

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).

Ansell Healthcare Products, Inc. v. Owens & Minor, Inc., No. 06-0386 (Tex. Apr. 4, 2008)(per curiam)
(product liability, indemnification for litigation costs)

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)
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)
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)

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;