Texas Supreme Court Opinions (Tex. 2008)

2008 Texas Supreme Court Opinions by Justice Willett

Coastal Oil & Gas Corp. v. Garza Energy Trust, No. 05-0466 (Tex. Aug. 29, 2008)(Hecht)
(oil and gas, trespass, rule of capture)
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.

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)
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.

Don's Building Supply, Inc. v. Onebeacon Ins. Co., No. 07-0639 (Tex. Aug. 29, 2008)(Willett)
(certified 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 in In Interest of MN (Tex. 2008).

Frymire Engineering Co. v. Jomar International, No. 06-0755 (Tex. June 13, 2008)(Willett)
(equitable subrogation standing, construction law, contractors, indemnity)
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.

FKM Partnership, Ltd. v. B oard of Regents of Univ. of Houston System, No. 05-0661 (Tex. Jun 6, 2008)
(Phil Johnson) (eminent domain, 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.

First American Title Ins. Co. v. Susan Combs, No. 05-0541 (Tex. May 16, 2008)(Majority Opinion by
Don Willett) (regulation of the insurance business, 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.

Lewis, MD v. Funderburk, No.. 06-0518 (Tex. Apr. 11, 2008) (Brister) (Med-Mal , 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.

In Re Bazan, No. 06-0952 (Tex. Mar. 28, 2008)(Medina)(mandamus) (removal of local official based on
criminal 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)

PR Investments and Special Retailers, Inc. v. Texas, No. 04-0431 (Tex. Feb. 15, 2008)(Justice
Willett) (condemnation, construction law, change in plans for condemned property, jurisdiction of trial court,
sanctions)
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 Don R. Willett delivered the opinion of the Court.

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.

AIC Management v. Crews, No. 05-0270 (Tex. Jan 25, 2008)(O’Neill) (eminent domain, condemnation, real
estate law, 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.

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.

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, prejudice)
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.

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