SIGNED AND PER CURIAM OPINIONS ISSUED BY THE TEXAS SUPREME COURT OVER THE COURSE OF THE 2007 CALENDAR YEAR Note: This web page provides a list of the cases decided with opinion in calendar year 2007 in reverse chronological order. The Texas Judiciary, however, reports court activity statistics for fiscal years. Both methods encompass 12-month periods. For Fiscal Year 2007, which ended August 31, 2008, the total number of opinions issued by the Supreme Court was 170. Of the opinions handed down in FY 2007 40.6% were issued per curiam, 36.4% were majority opinions, while dissents accounted for 11.2% and concurrences for 6.5%. For additional details see Annual Report and web site of the Office of Court Administration. Also see ---> 2007 Per Curiam Opinions Only (Tex. 2007) | 2008 Opinions (Tex. 2008) TEXAS SUPREME COURT OPINIONS BY RELEASE DATE (most recent first) Dec. 21, 2007 - Texas Supreme Court Issues Last Three Opinions for the Year 2007 Ford Motor Co. v. Ledesma, No. 05-0895 (Tex. Dec. 21, 2007)(Willett)(PI-auto, products liability, manufacturing defect, expert testimony, causation, jury charge error) FORD MOTOR COMPANY v. TIBURCIO LEDESMA, JR.; from Bastrop County; 3rd district (03-03-00634-CV, 173 S.W.3d 78, 05/05/2005) 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 the Matter of Eugene X. Mercier, No. 06-1008, 242 SW3d 46 (Tex. Dec. 21, 2007)(per curiam) (attorney discipline, suspension, disbarment) IN THE MATTER OF EUGENE X. MERCIER The Court, without hearing oral argument, reverses in part and affirms in part the Board's order regarding disbarment without prejudice to refiling. See Tex. R. Disciplinary P. 7.11. Lasalle Bank Nat'l Assn. v. White, No. 06-1016, 246 SW3d 616 (Tex. Dec. 21, 2007)(per curiam) (agricultural homestead, home-equity loan, lien validity) LASALLE BANK NATIONAL ASSOCIATION, A/K/A LASALLE NATIONAL BANK, AS TRUSTEE AND LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1, 1999, SERIES 1999-2 v. LORAE WHITE AND GERALD GEISTWEIDT; from Mason County; 4th district (04-05-00548-CV, ___ S.W.3d ___, 05/03/2006) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petitions 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. Texas Supreme Court Opinions Released December 14, 2007 Allstate Ins. Co. v. Fleming, No. 05-0645, 248 SW3d 166 (Tex. Dec. 14, 2007)(per curiam)(petition for review interlocutory appeal dismissed for lack of conflicts jurisdiction; no dissent in the court below) ALLSTATE INSURANCE COMPANY, ALLSTATE INDEMNITY COMPANY, AND ALLSTATE PROPERTY & CASUALTY INSURANCE COMPANY v. CEVIA FLEMING, INDIVIDUALLY AND ON BEHALF OF ALL OTHER PERSONS SIMILARLY SITUATED; from Travis County; 3rd district (03-04-00621-CV, ___ S.W.3d ___, 06/29/2005) The Court withdraws its order of April 21, 2006, granting the petition for review, as the petition was improvidently granted. The petition for review is dismissed for want of jurisdiction. Chambers v. John M. O'Quinn, No. 06-1073 (Tex. Dec. 14, 2007)(per curiam) (arbitration, court of appeals erred in finding it lacked jurisdiction to review order compelling arbitration) BOB CHAMBERS, ET AL. v. JOHN M. O'QUINN, JOHN M. O'QUINN, P.C. AND JOHN M. O'QUINN D/B/A O'QUINN & LAMINACK; from Harris County; 1st district (01-04-01029-CV, ___ S.W.3d ___, 09/29/2006) The Court reverses the court of appeals' judgment and remands the case to that court. Texas Municipal Power Agency v. PUC, No. 04-0751, 253 S.W.3d 184 (Tex. Dec. 14, 2007)(Green) Alt case style: Texas Mun. Power Ag. vs. Public Util. Com'n. (regulatory policy, agency authority, statutory construction, declaratory judgment, PUC rate regulation) TEXAS MUNICIPAL POWER AGENCY, CITY OF DENTON, CITY OF GARLAND, AND GEUS F/K/A GREENVILLE ELECTRIC UTILITY SYSTEM v. PUBLIC UTILITY COMMISSION OF TEXAS AND CITY OF BRYAN, TEXAS; from Travis County; 3rd district (03-02-00701-CV, 150 S.W.3d 579, 05/20/2004) — consolidated with — Texas Municipal Power Agency v. PUC, No. 04-0752 (Tex. Dec. 14, 2007)(Green) TEXAS MUNICIPAL POWER AGENCY, CITY OF DENTON, TEXAS, CITY OF GARLAND, TEXAS, AND CITY OF GREENVILLE, TEXAS v. PUBLIC UTILITY COMMISSION OF TEXAS AND CITY OF BRYAN, TEXAS; from Travis County; 3rd district (03-02-00644-CV, 150 S.W.3d 579, 05/20/2004) The Court reverses the court of appeals' judgment, renders judgment in part, and remands the case in part to the court of appeals. Justice Green delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice O'Neill, Justice Wainwright, Justice Medina, and Justice Johnson joined. Justice Brister filed a dissenting opinion, Texas Municipal Power Agency v. PUC in which Justice Willett joined. THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED: Brister Dissent in Lamar Homes, Inc. v. Mid-Century Casualty Co., No. 05-0832 (Tex. Dec. 14, 2007) (Dissent by Brister on motion for rehearing) (insurance law, prompt payment statute, duty to defend, statutory construction) LAMAR HOMES, INC. v. MID-CONTINENT CASUALTY COMPANY Justice Brister delivered a dissenting opinion, in which Justice Hecht and Justice Willett joined. Knapp Med. Ctr. v. De La Garza II, No. 06-0575 (Tex. Dec. 14, 20o7)(Suppl. per curiam op. on reh'g) (Rule 11 agreement must be in writing and operates as a statute of frauds, claim barred) KNAPP MEDICAL CENTER v. JAVIER E. DE LA GARZA, AND JAVIER E. DE LA GARZA, M.D., P.A.; from Hidalgo County; 13th district (13-04-00269-CV, ___ S.W.3d ___, 05/25/2006) Supplemental Per Curiam Opinion THE FOLLOWING PETITIONS FOR REVIEW ARE DISMISSED FOR WANT OF JURISDICTION: Liberty Mutual Ins. Co. v. Griesing, No. 04-0902 (Tex. Dec. 14, 2007)(per curiam jurisdictional dismissal) (no conflict in the court of appeals below, ergo no conflicts jurisdiction in the supreme court) LIBERTY MUTUAL INSURANCE COMPANY, LIBERTY INSURANCE CORPORATION, LIBERTY MUTUAL FIRE INSURANCE COMPANY, LM INSURANCE CORPORATION, AND FIRST LIBERTY INSURANCE CORPORATION v. BETTY GRIESING, INDIVIDUALLY AND ON BEHALF OF ALL OTHER PERSONS SIMILARLY SITUATED; from Travis County; 3rd district (03-03-00646-CV, 150 S.W.3d 640, 08/26/2004) motion to dismiss for want of jurisdiction granted Texas Supreme Court Opinions Handed Down Dec. 7, 2007 Igal v. Brightstar Information Technology Group, Inc. 04-0931 (Tex. Dec. 7, 2007)(Wainwright) (employment law, Texas Payday Act, res judicata based on Commission 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 affirms the court of appeals' judgment. Justice Wainwright delivered the opinion of the Court as to Parts I, II, III, IV.A, IV.B.2, and V, in which Justice Green, Justice Johnson, Justice Willett, and Justice McCoy joined, and an opinion as to Part IV.B.1, in which Justice Green, Justice Johnson, and Justice Willett joined. Justice Brister delivered a dissenting opinion, in which Chief Justice Jefferson, Justice O'Neill, and Justice Medina joined. (Justice Bob McCoy sitting by appointment pursuant to section 22.005 of the Texas Government Code) (Justice Hecht not sitting) Morales v. Liberty Mutual Ins. Co., No. 05-0754 (Tex. Dec. 7, 2007)(O'Neill) (worker's compensation employment status) MARGARITA MORALES, INDIVIDUALLY AND AS NEXT FRIEND OF PAULETTE MORALES AND LAURA MORALES, MINOR CHILDREN OF GUADALUPE D. MORALES, DECEASED v. LIBERTY MUTUAL INSURANCE COMPANY AND CONTINENTAL CASUALTY COMPANY; from El Paso County; 8th district (08- 04-00135-CV, 169 S.W.3d 485, 07/28/05) 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. Texas Supreme Court Opinions released Nov. 30, 2007 Mid-Century Ins. Co. v. Ademaj, No. 05-0016, 243 SW3d 618 (Tex. Nov. 30, 2007)(Opinion by Justice Green) (insurance law, rate regulation, billing of anti-theft fee) MID-CENTURY INSURANCE COMPANY OF TEXAS AND TEXAS FARMERS INSURANCE COMPANY v. SHEFQET ADEMAJ; from Henderson County; 12th district (12-03-00028-CV, 202 S.W.3d 176, 11/24/04) The Court reverses the court of appeals' judgment and renders judgment. Justice Green delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Wainwright, Justice Brister, Justice Johnson, and Justice Willett joined. Justice O'Neill delivered a concurring opinion, in which Justice Medina joined. (Justice Hecht not sitting) Houston Municipal Employees Pension System v. Ferrell, No. 05-0587 (Tex. Nov. 30, 2007)(Green) (public employment, UDJA, jurisdiction, nonsuit) HOUSTON MUNICIPAL EMPLOYEES PENSION SYSTEM v. CRAIG E. FERRELL, JR., ET AL.; from Harris County; 1st district (01-03-00925-CV, 177 S.W.3d 502, 05/20/05) Respondent Craig Ferrell Jr.'s request for non-suit without prejudice granted The Court vacates 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 Hecht, Justice O'Neill, Justice Wainwright, Justice Brister, Justice Medina, and Justice Johnson joined. Justice Brister delivered a concurring opinion, in which Justice O'Neill joined. (Justice Willett not sitting) Montgomery County v. Park, No. 05-1023 246 SW3d 610 (Tex. Nov. 30, 2007)(Opinion by Chief Justice Jefferson)(public employment, governmental entities, WBA, Texas Whistleblower Act, adverse employment personnel action) MONTGOMERY COUNTY, TEXAS v. DAVID PARK; from Montgomery County; 10th district (10-04-00231-CV, ___ S.W.3d ___, 10/19/05) The Court reverses the court of appeals' judgment and renders judgment. Chief Justice Jefferson delivered the opinion of the Court. Ogletree, MD v. Matthews, No. 06-0502 (Tex. Nov. 30, 2007)(Jefferson)(HCLC, medical malpractice, timely but deficient expert report, denial of motion to dismiss, extension to cure defect, interlocutory appeal) JAN N. OGLETREE, M.D. AND HEART HOSPITAL OF AUSTIN v. NANCY KAY MATTHEWS AND LUANN MATTHEWS; from Travis County; 3rd district (03-05-00317-CV, 212 S.W.3d 331, 05/05/06) 2 petitions The Court affirms the court of appeals' judgment. Chief Justice Jefferson delivered the opinion of the Court, in which Justice Hecht, Justice O'Neill, Justice Wainwright, Justice Brister, Justice Medina, Justice Green, Justice Johnson, and Justice Willett joined. Justice Willett delivered a concurring opinion. Best Buy Co. v. Barrera, No. 07-0028, 248 SW3d 160 (Tex. Nov. 30, 2007)(per curiam)(consumer law, class de-certified) BEST BUY CO. AND BEST BUY STORES, L.P. v. VELMA V. BARRERA, INDIVIDUALLY AND ON BEHALF OF OTHERS SIMILARLY SITUATED; from Nueces County; 13th district (13-05-00258-CV, 214 S.W.3d 66, 11/30/06) 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. In re McKee, MD, No. 06-0055, 248 SW3d 164 (Tex. Nov. 30, 2007)(per curiam)(mandamus denied) (ethics law, recusal of judge, administrative order) THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED: 06-0055 IN RE EDGAR GEER MCKEE, M.D.; from Grayson County No opinions issued on Nov. 9, 16, and Nov 23, 2007 Texas Supreme Court Opinion released Nov. 2, 2007 In Re Pirelli Tire, LLC, No. 04-1129, 247 SW3d 670 (Tex. Nov. 2, 2007)(O'Neil)(plurality opinion) (forum non conveniens dismissal) IN RE PIRELLI TIRE, L.L.C.; from Cameron County; 13th district (13-04-00584-CV, ___ S.W.3d ___, 12/03/04) motion to strike real parties in interest's letter briefing dismissed as moot The Court conditionally grants the petition for writ of mandamus. Justice O’Neill announced the Court’s disposition and delivered an opinion joined by Justice Hecht, Justice Brister, and Justice Medina. Justice Willett delivered a concurring opinion joined as to Part I by Justice Wainwright. Justice Johnson delivered a dissenting opinion, in which Chief Justice Jefferson joined. (Justice Green not sitting) Springer v. Springer, No. 06-0382, 240 SW3d 871 (Tex. Nov. 2, 2007)(per curiam)(timelines for appeal, affidavit of indigence) MICHAEL DAVID SPRINGER v. LISA FERGASON SPRINGER; from Johnson County; 10th district (10-06-00040-CV, ___ S.W.3d ___, 03/22/06) 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. Sprowl v. Payne, No. 06-0533 (Tex. Nov. 2, 2007)(per curiam)(appellate procedure, payment for record, indigence) LINDA SPROWL AND J.S., A CHILD v. GEORGE MARTIN PAYNE; from Dallas County; 5th district (05-06- 00062-CV, ___ S.W.3d ___, 05/04/06) respondent's motion to strike and to disregard the appendices 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. Knapp Medical Center v. De La Garza, No 06-0575 (Tex. Nov. 06-0575) (per curiam)(enforceability of Rule 11 Agreement) KNAPP MEDICAL CENTER v. JAVIER E. DE LA GARZA, AND JAVIER E. DE LA GARZA, M.D., P.A.; from Hidalgo County; 13th district (13-04-00269-CV, ___ S.W.3d ___, 05/25/06) 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. Bossier Chrysler-Dodge II, Inc. v. Rauschenberg, No. 06-0874 (Tex. Nov. 2, 2007)(per curiam)(remand for determination of attorneys fees?) BOSSIER CHRYSLER-DODGE II, INC., D/B/A BOSSIER COUNTRY v. BRYAN RAUSCHENBERG; from Freestone County; 10th district (10-05-00140-CV, 201 S.W.3d 787, 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 affirms in part and reverses in part the court of appeals' judgment and remands the case to that court. In Interest of J.A.J., No. 07-0511, 243 SW3d 611 (Tex. Nov. 2, 2007)(O'Neill)(termination of parental rights, conservatorship to CPS not appealed) IN THE INTEREST OF J.A.J., A CHILD; from Harris County; 14th district (14-04-01031-CV, 225 SW3d 621, 05/10/07); Justice Kem Thompson Frost dissented in In Interest of J.A.J. 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 renders judgment. Justice O'Neill delivered the opinion of the Court. October 19, 2007 Texas Supreme Court Opinion Yancy v. United Surgical Partners International, Inc. No. 05-0925 (Tex. Oct. 19, 2007)(Jefferson)(health care liability claim, statute of limitations, SoL, state constitutional open courts challenge denied) EULA YANCY, AS THE GUARDIAN OF THE PERSON AND THE ESTATE OF CARLETHA YATES, AN INCAPACITATED ADULT v. UNITED SURGICAL PARTNERS INTERNATIONAL, INC., VALLEY VIEW SURGICAL CENTER, INC., AND JUDITH SMITH, R.N.; from Dallas County; 5th district (05-04-00791-CV, 170 S.W.3d 185, 07/12/2005) The Court affirms the court of appeals' judgment. Chief Justice Jefferson delivered the opinion of the Court. October 12, 2007 Supreme Court Opinions Mid-Continent Ins. Co. v. Liberty Mutual Ins. Co., No. 05-0261 (Tex. Oct. 12, 2007)(Wainwright) (insurance law, subrogation, contribution, apportionment of settlement amount between insurers, - certified question from the U.S. Court of Appeals for the Fifth Circuit) MID-CONTINENT INSURANCE COMPANY v. LIBERTY MUTUAL INSURANCE COMPANY The Court answers the questions 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, Justice Johnson, and Justice Willett joined. Justice Willett delivered a concurring opinion. In Re U.S. Home Corp, Lennar Corp et al, No. 03-1080 (Tex. Oct. 12, 2007)(per curiam)(arbitration home owners, residential construction defect) IN RE U.S. HOME CORPORATION, LENNAR CORPORATION, DAVID GARCIA, FABIAN DIAZ AND SHELDON MOORE; from Cameron County; 13th district (13-03-00598-CV, ___ S.W.3d ___, 11/10/03) 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 Sci Texas Funeral Services, Inc. No. 06-0385 (Tex. Oct. 12, 2007)(per curiam) (class action decertification, discovery orders and sanctions) IN RE SCI TEXAS FUNERAL SERVICES, INC., SCIT HOLDINGS, INC., SCI FUNERAL SERVICES, INC., AND SERVICE CORPORATION INTERNATIONAL; from El Paso County; 8th district (08-05-00335-CV, 198 S.W. 3d 14, 01/31/06) real parties in interest's motion for leave to file response 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. BFI Waste Systems of North America, Inc. v. North Alamo Water Supply Corp., No. 06-0602 (Tex, Oct. 12, 2007)(per curiam)(excuse breach, prior breach by other party to contract) 06-0602 BFI WASTE SYSTEMS OF NORTH AMERICA, INC. AND BROWNING-FERRIS INDUSTRIES, INC. v. NORTH ALAMO WATER SUPPLY CORPORATION, JIMMY STEIDINGER, ENGELMAN IRRIGATION DISTRICT AND HIDALGO COUNTY DRAINAGE DISTRICT NO. 1; from Hidalgo County; 13th district (13-04- 00069-CV, ___ S.W.3.d ___, 04-13-06) 2 petitions September 28, 2007 National Plan Administrators, Inc. v. National Health Ins. Co., No. 05-0006, 235 SW3d 695 (Tex. Sep. 28, 2007)(Johnson)(commercial law, contract, Texas Insurance Code, fiduciary duty) NATIONAL PLAN ADMINISTRATORS, INC. AND CRS MARKETING AGENCY, INC. v. NATIONAL HEALTH INSURANCE COMPANY; from Travis County; 3rd district (03-03-00306-CV, 150 S.W.3d 718, 09/10/04)2 petitions The Court reverses the court of appeals' judgment and renders judgment. Justice Phil Johnson delivered the opinion of the Court. A.G. Edwards & Sons, Inc. v. Beyer., No. 05-0580, 235 SW3d 704 (Tex. Sep. 28, 2007)(Wainwright) (financial services, breach of contract, joint account with right of survivorship, Texas Probate Code, attorney's fees) A.G. EDWARDS & SONS, INC. v. MARIA ALICIA BEYER; from El Paso County; 8th district (08-03-00495- CV, 170 S.W.3d 684, 06/30/05) The Court affirms the court of appeals' judgment in part, reverses in part, and remands the case to the trial court. Justice Dale Wainwright delivered the opinion of the Court. Texas Parks & Wildlife Dep't v. E.E. Lowrey Realty, Ltd., No. 05-0157, 235 SW3d 692 (Tex. Sep. 28, 2007) (per curiam)(sovereign immunity, official capacity claims) THE TEXAS PARKS AND WILDLIFE DEPARTMENT, DOUG HAMMIT, AND MARVIN C. WILLS, JR. v. E.E. LOWREY REALTY, LTD. D/B/A GATESVILLE STORAGE AND THE ESTATE OF E.E. LOWERY; from Coryell County; 10th district (10-02-00317-CV, 155 S.W.3d 456, 11/03/04) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses in part the court of appeals' judgment and renders judgment. Per Curiam Opinion Lamesa ISD v. Booe dba Booe Roofing Co., No. 05-0959, 235 SW3d 710 (Tex. Sep. 28, 2007)(per curiam) (sovereign immunity to contract claims, opportunity to amend, citing Texas A & M Univ. Sys. v. Koseoglu, Tooke progeny) LAMESA INDEPENDENT SCHOOL DISTRICT v. DAVID BOOE D/B/A BOOE ROOFING COMPANY; from Dawson County; 11th district (11-03-00394-CV, ___ S.W.3d ___, 08/31/05) 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 remands the case to that court. Per Curiam Opinion September 7, 2007 Texas A & M Univ. Sys. v. Koseoglu, No. 05-0321, 223 SW3d 835 (Tex. Sep. 7, 2007)(Green) (public employment, governmental entities, sovereign immunity, breach of settlement agreement, ILA, opportunity to amend) TEXAS A&M UNIVERSITY SYSTEM, TEXAS ENGINEERING EXPERIMENT STATION, AND DR. MARK MCLELLAN v. DR. SEFA KOSEOGLU; from Brazos County; 10th district (10-03-00375-CV, 167 S.W.3d 375, 03/09/2005) The Court affirms in part and reverses in part the court of appeals' judgment and dismisses the case. Justice Paul Green delivered the opinion of the Court. August 31, 2007 Guevara v. Ferrer, 05-1100, 247 SW3d 662 (Tex. Aug. 31, 2007)(award for medical damages reversed, not supported by expert testimony) HEB Ministries, Inc. v Teas Higher Education Coordinating Board, No. 03-0995 (Tex. Aug. 31, 2007)(Hecht) (regulation of religious institutions of higher education unconstitutional under first amendment) HEB MINISTRIES, INC., SOUTHERN BIBLE INSTITUTE, AND HISPANIC BIBLE INSTITUTE v. TEXAS HIGHER EDUCATION COORDINATING BOARD AND COMMISSIONER RAYMUND PAREDES; from Travis County; 3rd district (03-01-00103-CV, 114 S.W.3d 617, 07/24/03) The Court reverses the court of appeals' judgment and remands the case to the trial court. Justice Hecht announced the judgment of the Court and delivered the opinion for the Court with respect to Part I, in which Chief Justice Jefferson, Justice O’Neill, Justice Wainwright, Justice Brister, Justice Medina, Justice Green, and Justice Johnson joined, and with respect to Part III-B, in which Chief Justice Jefferson, Justice O'Neill, Justice Brister, Justice Medina, and Justice Green, joined, and an opinion with respect to Parts II, III-A, and III-C, in which Justice O’Neill, Justice Brister, and Justice Medina joined. Justice Wainwright delivered an opinion concurring in part and dissenting in part, and concurring in the judgment, in which Justice Johnson joined. Chief Justice Jefferson delivered an opinion concurring in part and dissenting in part, in which Justice Green joined. (Justice Willett not sitting) In re Merrill Lynch Trust Co., No. 03-1059, 235 SW3d 217 (Tex. Aug 31, 2007)(per curiam)(arbitration mandamus, financial services) IN RE MERRILL LYNCH TRUST COMPANY FSB, HENRY MEDINA, AND MEDINA & MEDINA GROUP; from Duval County; 4th district (04-03-00424-CV, 123 S.W.3d 549, 10/29/03) stay order issued November 20, 2003, lifted motion for leave to file supplement brief on the merits, 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 Green not sitting) Entergy Gulf State, Inc. v. Summers (Tex. Aug. 31, 2007)(Willett)(premises owner and exclusive remedy defense under Workers' Compensation Act) ENTERGY GULF STATES, INC. v. JOHN SUMMERS; from Jefferson County; 9th district (09-04-00152-CV, ___ S.W.3d ___, 12/30/04) The Court reverses the court of appeals' judgment and renders judgment. Justice Willett delivered the opinion of the Court. El Paso Hospital District v. Texas Health and Human Services Comm'n, No. 05-0372 (Tex. Aug 31, 2007) (Medina)(agency rulemaking, declaratory judgment) 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) The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the trial court. Justice Medina delivered the opinion of the Court. Christus Health Gulf Coast v. Aetna, Inc., No. 05-0710 (Tex., Aug. 31, 2007)(Jefferson)(Medicare reimbursement suit in state court) CHRISTUS HEALTH GULF COAST, CHRISTUS HEALTH SOUTHEAST TEXAS, GULF COAST DIVISION, INC., MEMORIAL HERMANN HOSPITAL SYSTEM AND BAPTIST HOSPITALS OF SOUTHEAST TEXAS v. AETNA, INC. AND AETNA HEALTH, INC.; from Harris County; 14th district (14-03-01281-CV, 167 S.W.3d 879, 04/14/05) The Court reverses the court of appeals' judgment and remands the case to the trial court. Chief Justice Jefferson delivered the opinion of the Court. PHC-Minden LP v. Kimberly-Clark Corp., No. 05-0823, 235 SW3d 163 (Tex. Aug. 31, 2007)(Jefferson) (personal jurisdiction, special appearance, foreign defendant, minimum contacts) PHC-MINDEN, L.P. D/B/A MINDEN MEDICAL CENTER v. KIMBERLY-CLARK CORPORATION; from Gregg County; 12th district (12-04-00259-CV, 202 S.W.3d 193, 08/17/05) The Court reverses the court of appeals' judgment and renders judgment. Chief Justice Jefferson delivered the opinion of the Court. Lamar Homes Inc. v. Mid-Continent Casualty Co., No. 05-0832, 242 SW3d 1 (Tex. Aug. 31, 2007)(Medina) (certified question) (insurer's duty to defend, home construction defect, CGL commercial general liability insurance policy, occurrence) LAMAR HOMES, INC. v. MID-CONTINENT CASUALTY COMPANY The Court answers the questions certified by the United States Court of Appeals for the Fifth Circuit. Justice Medina delivered the opinion of the Court, in which Chief Justice Jefferson, Justice O'Neill, Justice Wainwright, Justice Green, and Justice Johnson joined. Justice Brister delivered a dissenting opinion, in which Justice Hecht and Justice Willett joined. In Re SWBT, No. 05-0951 (Tex. Aug. 31, 2007)(Jefferson)(agency jurisdiction, PUC jurisdiction) IN RE SOUTHWESTERN BELL TELEPHONE COMPANY, L.P.; from Hidalgo County; 13th district (13-04- 00403-CV, ___ S.W.3d ___, 10/19/04) The Court conditionally grants the petition for writ of mandamus. Chief Justice Jefferson delivered the opinion of the Court. Proulx v. Wells, No. 06-0258, 235 SW3d 213 (Tex. Aug 31, 2007)(per curiam)(service of citation, due diligence) DENIS PROULX v. MICHAEL A. WELLS; from Tarrant County; 2nd district (02-05-00044-CV, 186 S.W.3d 630, 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 the trial court. Ford v. Exxon Mobil Chemical Co., No. 06-0293 (Tex. Aug. 31, 2007)(per curiam)(real estate fraud, limitations) ROBERT F. FORD, JR. v. EXXON MOBIL CHEMICAL COMPANY, A DIVISION OF EXXONMOBIL CORPORATION; from Jefferson County; 9th district (09-05-00338-CV, 187 S.W.3d 154, 03/09/06) 2 petitions Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petitions for review and without hearing oral argument, the Court reverses in part and affirms in part the court of appeals' judgment and renders judgment. (Justice O'Neill not sitting) In re Moore, No. 06-0544, 235 SW3d 210 (Tex. Aug. 31, 2007)(per curiam)(SAPCR, nonparents, sanctions) IN RE MICHELLE MOORE; from Nueces County; 13th district (13-05-00428-CV&13-05-00523-CV, ___ S.W. 3d ___, 08/29/05) 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 Stonebridge Life Ins. Co. v. Pitts, No. 06-0655 (Tex. Aug 31, 2007)(per curiam)(class action, insurance telemarketing) STONEBRIDGE LIFE INSURANCE COMPANY (F/K/A J.C. PENNEY LIFE INSURANCE COMPANY), J.C. PENNEY DIRECT MARKETING SERVICES, INC., AND AEGON DIRECT MARKETING SERVICES, INC. (F/K/A AEGON SPECIAL MARKETS GROUP, INC.) v. GAYLE G. PITTS AND MARY VANDERFORD; from Nueces County; 13th district (13-05-00131-CV, ___ S.W.3d ___, 05/18/06) August 24, 2007 - The Supremes Resume Issuing Opinions - Arbitration Cases Figure Prominently In Re H&R Block Financial Advirsors, Inc No. 04-0061, 235 SW3d 177 (Tex. Aug. 24, 2007)(per curiam) (arbitration mandamus) IN RE H&R BLOCK FINANCIAL ADVISORS, INC. AND ROBERT BULLOCK; from Hidalgo County; 13th district (13-03-00289-CV, ___ S.W.3d ___, 11/06/03) stay order issued October 14, 2005, 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 In re Merrill Lynch, No. 04-0865, 235 SW3d 185 (Tex. Aug. 24, 2007)(Brister)(arbitration) IN RE MERRILL LYNCH TRUST COMPANY FSB, MERRILL LYNCH LIFE INSURANCE COMPANY, AND HENRY MEDINA; from Nueces County; 13th district (13-04-00150-CV, 159 S.W.3d 162, 08/05/04) stay order issued January 24, 2005, lifted The Court conditionally grants the petition for writ of mandamus. Justice Brister delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Green, and Justice Willett joined, and in which Justice Hecht and Justice Medina joined as to Parts I, III-A, and IV, and Justice O’Neill joined as to Parts I, III, and IV, and Justice Wainwright and Justice Johnson joined as to Parts I, II, and IV. Justice Hecht delivered an opinion concurring in part and dissenting in part, in which Justice Medina joined and in which Justice O’Neill joined as to Part I. Justice Johnson delivered an opinion concurring in part and dissenting in part, in which Justice Wainwright joined. Energy Service Co. of Bowie, Inc. v. Superior Snubbing Services, Inc., No. 05-0202 (Tex. Aug. 24, 2007) (Hecht)(worker's comp, indemnity) ENERGY SERVICE COMPANY OF BOWIE, INC. v. SUPERIOR SNUBBING SERVICES, INC.; from Wise County; 2nd district (02-04-00131-CV, 158 S.W.3d 112, 02/03/05) The Court reverses the court of appeals' judgment and remands the case to the trial court. Justice Hecht delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Brister, Justice Medina, and Justice Lang joined. Justice Johnson delivered a dissenting opinion, in which Justice Wainwright, Justice Green, and Justice Willett joined. (Justice Douglas S. Lang sitting by appointment pursuant to section 22.005 of the Texas Government Code) (Justice O'Neill not sitting) Fort Worth I.S.D. v. Service Employment Redevelopment, No. 05-0427 (Tex. Aug. 24, 2007)(per curiam) (breach of contract immunity, Tooke) FORT WORTH INDEPENDENT SCHOOL DISTRICT v. SERVICE EMPLOYMENT REDEVELOPMENT; from Tarrant County; 2nd district (02-03-00116-CV, 163 S.W.3d 142, 03/03/05) 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 remands the case to the trial court. Per Curiam Opinion (Justice Willett not sitting) Gaines v. Kelly, No. 05-1092, 235 SW3d 179 (Tex. Aug. 24, 2007)(Medina)(lending, apparent authority) RUSSELL GAINES AND SOUTHWEST GUARANTY MORTGAGE CORP. v. ROGER KELLY; from Johnson County; 10th district (10-03-00369-CV, 181 S.W.3d 394, 09/28/05) The Court reverses the court of appeals' judgment and renders judgment. Justice Medina delivered the opinion of the Court. In re Kaplan Higher Educ. Corp., No. 06-0072, 235 SW3d 206 (Tex. Aug. 24, 2007)(per curiam)(arbitration mandamus) IN RE KAPLAN HIGHER EDUCATION CORPORATION AND LETICIA VENTURA; from Hidalgo County; 13th district (13-05-00617-CV, ___ SW3d ___, 01/10/06) Pursuant to Texas Rule of Appellate Procedure 52.8, without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. Per Curiam Opinion Elledge v. Friberg-Cooper Water Supply Corp., No. 06-0677, 240 SW3d 869 (Tex. Aug. 24, 2007)(per curiam)(statute of limitations for unjust enrichment) BOBBY ELLEDGE D/B/A ELLEDGE CONSTRUCTION COMPANY AND/OR ELLEDGE CONSTRUCTION COMPANY v. FRIBERG-COOPER WATER SUPPLY CORPORATION; from Wichita County; 2nd district (02- 05-00203-CV, 197 S.W.3d 826, 06/22/06) 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 renders judgment. Per Curiam Opinion June 29, 2007 Stephen F. Austin State Univ. v. Flynn, No. 04-0515, 228v SW3d 653 (Tex. Jun. 29, 2007)(Medina) (Recreational Use Statute, TTCA, plea to the jurisdiction, sovereign immunity; suit dismissed as jurisdictionally barred) Stephen F. Austin State University vs. Diane Flynn; from Nacogdoches County; 12th district (12-03-00240- CV, 202 S.W.3d 167, 04/30/2004) The Court reverses the court of appeals' judgment and renders judgment dismissing the case. Justice Medina authored the opinion of the Court, in which Chief Justice Jefferson, Justice O'Neill, Justice Brister, Justice Green, and Justice Johnson joined, and in all but Part III of which Justice Hecht, Justice Wainwright, and Justice Willett joined. Justice Hecht wrote a concurring opinion in Stephen F. Austin State University v. Flynn in which Justice Wainwright and Justice Willett joined. C.L. Westbrook, Jr. v. Penley, No. 04-0838, 231 SW3d 389(Tex. Jun. 29, 2007)(O’Neill)(professional negligence tort against paster; ecclesiastical matter not subject to civil court jurisdiction as a matter of constitutional law, tort immunity under free exercise clause) C.L. Westbrook, Jr. V. Peggy Lee Penley; from Tarrant County; 2nd district (02-02-00260-CV, 146 S.W.3d 220, 05/2/2004) The Court reverses the court of appeals' judgment and dismisses the case for want of jurisdiction. Justice O'Neill authored the opinion of the Court In Re Autonation, Inc., No. 05-0311, 228 SW3d 663 (Tex. Jun. 29, 2007)(Opinion by Justice Willett) (contractual forum selection clause enforced, mandamus granted)(covenant not to compete, noncompete) In re Autonation, Inc. and Auto M. Imports North, Ltd. D/b/a Mercedes-Benz of Houston-North; from Harris County; 14th district (14-05-00362 CV, ___ S.W.3d ___, 04/15/2005) stay order issued December 5, 2005, lifted The Court conditionally grants the petition for writ of mandamus. Justice Willett delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice Wainwright, Justice Brister, Justice Medina, Justice Green, and Justice Johnson joined. Justice O'Neill delivered a concurring opinion in In Re Autonation, Inc. Fortis Benefits v. Cantu, No. 05-0791, 234 SW3d 642 (Tex. Jun. 29, 2007)(Opinion by Justice Willett) (insurance law, contractual subrogation) Fortis Benefits v. Vanessa Cantu and Ford Motor Company; from Johnson County; 10th district (10-04- 00080-CV, 170 S.W.3d 755, 07/13/2005) The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the trial court. Justice Willett delivered the opinion of the Court. Central Ready Mix Concrete Co., Inc. v. Islas, No. 05-0940 (Tex. Jun. 29, 2007)(Opinion by Justice Brister) (liability for work-related injury) Central Ready Mix Concrete Company, Inc. V. Luciano Islas; from Hidalgo County; 13th district (13-03- 00099-CV, ___ S.W.3d ___, 02/24/2005) motion to order respondent to revise his response dismissed as moot motion to strike dismissed as moot The Court reverses the court of appeals' judgment and renders judgment. Justice Brister delivered the opinion of the Court. Ramos v. Richardson, No. 06-0336, 228 SW3d 671 (Tex. Jun. 29, 2007)(per curiam)(prisoner suit, timeliness of notice of appeal) Armando Ramos, Sr., et al. v. Dr. Ian Richardson & Valley Baptist Medical Center, et. al.; from Cameron County; 13th district (13-05-00204-CV & 13-05-00205-CV, ___ S.W.3d ___, 02/09/2006) 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 renders judgment. Wilz v. Flournoy, No. 06-0913, 228 SW3d 674 (Tex. Jun. 29, 2007)(per curiam)(constructive trust, breach of fiduciary duty, conversion, invocation of fifth amendment privilege in civil proceeding) Patricia Wilz, Guardian of Jon Patrick Flournoy, an Incapacitated Person V. Kenneth W. and June Flournoy; from Limestone County; 10th district (10-05-00089-CV, 201 S.W.3d 833, 07/19/2006) 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 renders judgment. June 22, 2007 Lowry Schaub, MD v. Sanchez (Tex. Jun 22, 2007)(per curiam)(HCLC, informed consent) LOWRY SCHAUB, M.D. AND KEVIN CRAWFORD, M.D. v. JANIE SANCHEZ AND KENNETH ADAMS, SPOUSE; from Lubbock County; 7th district (07-04-00057-CV, ___ S.W.3d ___, 02-02-2006) 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 renders judgment. Per Curiam Opinion (Justice Johnson not sitting) June 15, 2007 In Re Allied Chemical Corp. No. 04-1023, 227 SW3d 652 (Tex. Jun. 15, 2007)(Jun. 15, 2006)(Brister) (mandamus)(procedural law, mass tort litigation, products liability) IN RE ALLIED CHEMICAL CORPORATION, ET AL.; from Hidalgo County; 13th district (13-04-00491-CV, ___ S.W.3d ___, 11-04-04) stay order issued March 28, 2005, lifted motion to lift stay, dismissed as moot second supplemental motion to lift stay, dismissed as moot motion to dismiss mandamus proceeding as moot, denied The Court conditionally grants the petition for writ of mandamus. Justice Brister delivered the opinion of the Court, joined by Justice Hecht, Justice Medina, Justice Green, and Justice Willett Justice Hecht delivered a concurring opinion Chief Justice Jefferson delivered a dissenting opinion, joined by Justice O'Neill, Justice Wainwright, and Justice Johnson Justice Wainwright delivered a dissenting opinion In Re Allstate County Mutual Ins. Co., No. 06-0878, 227 SW3d 667 (Tex. Jun. 15, 2007)(per curiam) (discovery limitations) IN RE ALLSTATE COUNTY MUTUAL INSURANCE COMPANY AND DAVID GONZALEZ; from Hidalgo County; 13th district (13-06-00458-CV, ___ S.W.3d ___, 09-28-06) stay order issued October 30, 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. Goodyear Tire and Rubber Co. v. Mayes, No. 04-0993 (Tex. Jun 15, 2007)(per curiam)(premises liability) GOODYEAR TIRE AND RUBBER COMPANY v. PATRICK MAYES; from Harris County; 1st district (01-03- 00157-CV, 144 S.W.3d 50, 06-10-04) 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. Brinson Ford, Inc. v. Alger, No. 05-0722, 228 SW3d 161(Tex. Jun. 15, 2007)(per curiam) (premises liability, negligence, not unreasonable risk of harm) BRINSON FORD, INC., INDIVIDUALLY AND D/B/A BRINSON FORD LINCOLN MERCURY v. CONNIE W. ALGER; from Navarro County; 10th district (10-04-00341-CV, 169 S.W.3d 340, 06-22-05) 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. Kallam, M.D. v. Boyd, No. 05-0027, 232SW3d 774 (Tex. Jun. 15, 2007)(per curiam)(medical malpractice, plaintiff died pending appeal) G. BYRON KALLAM, M.D.; MARY ANGELINE FINKE, M.D.; THE MEDICAL CLINIC OF NORTH TEXAS, P.A.; OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES OF ARLINGTON; GERALD THOMPSON, M.D.; AND FAMILY HEALTHCARE ASSOCIATES v. SHARON BOYD; from Tarrant County; 2nd district (02-03-00362- CV, ___ S.W.3d ___, 11-24-04) 2 petitions motion to substitute party granted The Court withdraws its order of September 1, 2006, granting the petitions for review, as the petitions were improvidently granted. The petitions for review are denied. June 8, 2007 Borg-Warner Corp. v. Flores, No. 05-0189, 232 SW3d 765 (Tex. Jun. 8, 2007)(Jefferson) (products liability, asbestos suit, causation proof) BORG-WARNER CORPORATION, NOW KNOWN AS BURNS INTERNATIONAL SERVICES CORPORATION v. ARTURO FLORES; from Nueces County; 13th district (13-03-00058-CV, 153 S.W.3d 209, 12/16/2004) The Court reverses the court of appeals' judgment and renders judgment. Chief Justice Jefferson delivered the opinion of the Court (Justice O'Neill not sitting) State of Texas v. Oakley, No. 06-0050 (Tex. Jun. 8, 2007)(Brister)(wrongful imprisonment compensation claim, assignability) THE STATE OF TEXAS v. BARBARA OAKLEY, AS GUARDIAN OF THE ESTATE AND PERSON OF RICHARD DANZIGER; from Travis County; 3rd district (03-05-00007-CV, 181 S.W.3d 855, 12/16/2005) - consolidated with - State of Texas v. Oakley, No. 06-0172 (Tex. Jun. 8, 2007)(Brister)(cause of action for wrongful imprisonment) THE STATE OF TEXAS v. BARBARA OAKLEY, AS GUARDIAN OF THE ESTATE AND PERSON OF RICHARD DANZIGER; from Travis County; 3rd district (03-05-00271-CV, ___ S.W.3d ___, 01/20/2006) The Court reverses in part and affirms in part the court of appeals' judgment and remands the case to the trial court. Justice Brister delivered the opinion of the Court Reliance National Indemnity Co v. Advanced Temporaries, Inc., No. 05-0558, 227 SW3d 46 (Tex. Jun. 8, 2007)(Medina)(subcontractor's mechanics lien) RELIANCE NATIONAL INDEMNITY COMPANY, L&T, J.V., AND LAMAR CONSTRUCTION, INC. v. ADVANCE'D TEMPORARIES, INC.; from Nueces County; 13th district (13-01-00821-CV, 165 S.W.3d 1, 07/22/2004) The Court affirms the court of appeals' judgment. Justice Medina delivered the opinion of the Court Quigley v. Bennett, No. 05-0870, 227 SW3d 51 (Tex. Jun. 8, 2007)(Johnson)(geologic services, no written contract, royalty interest in minerals) T. MICHAEL QUIGLEY v. ROBERT BENNETT; from Starr County; 4th district (04-04-00312-CV, ___ S.W. 3d ___, 04/06/2005) 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, joined by Chief Justice Jefferson, Justice O'Neill, Justice Wainwright, and Justice Medina Justice Brister delivered an opinion concurring in part and dissenting in part, joined by Justice Hecht and Justice Willett Justice Green not sitting Bay Area Healthcare Group, Ltd. v. McShane, No. 05-1069, 239 SW3d 231 (Tex. Jun. 8, 2007)(per curiam) (HCLC, admission of evidence, admission by party-opponent, preservation of error) BAY AREA HEALTHCARE GROUP, LTD., INDIVIDUALLY, AND D/B/A THE CORPUS CHRISTI MEDICAL CENTER-BAY AREA, ET AL. v. DEBORAH SUE MCSHANE AND JAMES PATRICK MCSHANE, INDIVIDUALLY, AND AS NEXT FRIENDS OF MAGGIE YVONNE MCSHANE, A MINOR; from Nueces County; 13th district (13-04-00174-CV, 174 S.W.3d 908, 10/06/2005) 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. June 1, 2007 Daughters of Charity Health Services of Waco v. Linnstaedter, No. 05-0108, 226 SW3d 409 (Tex. Jun. 1, 2007)(Brister)(workers compensation discount, hospital lien) First Commerce Bank v. Palmer, No. 05-0686 226 SW3d 396 (Tex. Jun. 1, 2007)(Medina)(guarantee agreement, consideration) State of Texas v. Beam, No. 06-0974, 226 SW3d 392 (Tex. Jun. 1, 2007)(Jefferson)(expunction, misdemeanor) In Re Southwestern Bell Telephone Co., L.P., No. 05-0511, 226 SW3d 400 (Tex. Jun. 1, 2007)(mandamus, administrative law, primary agency jurisdiction, telecom)(Johnson) Hubicki v. Festina A. Lichtenstein Foundation, No. 05-0357, 226 SW3d 405 (Tex. Jun. 1, 2007)(per curiam) (default judgment, insufficient service of process in Mexico) City of Arlington v. Matthews, No. 06-0251, 226 SW3d 417 (Tex. Jun. 1, 2007)(per curiam)(Tooke) City of Pasadena v. Kinsel Industries, No. 06-0353, 227 SW3d 651(Tex. Jun. 1, 2007)(per curiam)(Tooke) (sue and be sued no waiver) City of Elsa v. M.A.L., No. 06-0516, 226 SW3d 390 (Tex. Jun. 1, 2007)(per curiam) (sue and be sued provision not a waiver) Tellez v. City of Socorro, No. 05-0629, 226 SW3d 413 (Tex. Jun. 1, 2007)(per curiam)(zoning, jurisdiction) Dallas Fire Fighters Association v. City of Dallas, No. 04-0821, 231 SW3d 388 (Tex. Jun. 1, 2007)(per curiam)(Tooke) Abilene Housing Authority v. Gene Duke Builders, No. 05-0631, 226 SW3d 415 (Tex. Jun. 1, 2007)(per curiam)(Tooke, sue and be sued, immunity, local not state governmental entity, arbitration, breach of contract) May 11 2007 F.F.P. Operating Partners, L.P. v. Duenez, No. 02-0381 (Tex. May 11, 2007)(subst. opinion by Wainwright) (Opinion released Nov. 3, 2006 withdrawn)(Dram Shop Act) Dissent by Chief Justice Jefferson. Dissent by Justice O'Neill In Re Bexar County Criminal DA's Office, No. 05-0613, 224 SW3d 182 (Tex. May 4, 2007)(Willett) (mandamus)(witness subpoena, testimonial privilege, work-product privilege) Justice Willett wrote a separate concurring opinion in this case Justice Johnson wrote a dissenting opinion in In Re Bexar County Criminal District Attorney's Office Seagull Energy v. Railroad Commission of Texas, No. 03-0364, 226 SW3d 383 (Tex. May 4, 2007)(Medina) (authority of Tex. RR Comm'n, eminent domain, minerals) Equistar Chemicals v. Dresser-Rand Co., No. 04-0121, 240 SW3d 864 (Tex. May 4, 2007)(Johnson) (product liability, economic loss rule, equipment failure, warranty, preservation of error) State of Texas v. Fidelity and Deposit Co. of Maryland, No. 04-0180 (Tex. May 4, 2007)(per curiam) (sovereign immunity to counterclaims waived under Reata) Also see --> Texas government entity cases City of San Antonio v. Ytuarte, No. 05-0991, 229 SW3d 318 (Tex. May 4, 2007)(per curiam)(official immunity, police officer) Young v. Qualls, No. 05-1091, 223 SW3d 312 (Tex. May 4, 2007)(per curiam)(attorneys fees) In Re Christus Spohn Hospital, No. 04-0914, 222 SW3d 434 (Tex. Apr. 27, 2007)(O'Neill)(mandamus) (discovery, evidence, production, privilege, snap-back provision) Farmers Group, Inc. v Lubin, No. 05-0169,222 SW3d 417 (Tex. Apr. 27, 2007)(Brister)(intervention in AG's DTPA suit and agreement, class action) Justice Hecht delivered a separate opinion in Farmers Group, Inc. v. Lubin South Texas Water Authority v. Lomas, No. 05-0855 (Tex. Apr. 27, 2007)(per curiam)(standing) Vandevender v. Woods, No. 05-0956, 222 SW3d 430 (Tex. Apr. 27, 2007)(Willett)(public employment, benefits, declaratory judgment) Low v. Henry, No. 04-0452, 221 SW3d 609 (Tex. Apr. 20, 2007)(Wainwright)(HCLC, sanctions for false factual claims) Holmes v. Kent, No. 04-0729, 221 SW3d 622 (Tex. Apr. 20, 2007)(per curiam)(TRS benefits dispute, change in beneficiary designation) Baylor Univ. v. Sonnichsen, No. 04-0851, 221 sw3d 632 (Tex. Apr. 20, 2007)(per curiam)(employment dispute) (fraud damages barred where same damages sought in unenforceable oral contract) Baylor University v. Coley, No. 04-0916, 221 S.W.3d 599 (Tex. Apr. 20, 2007)(Hecht)(employment dispute) Justice Johnson delivered a concurring opinion in Baylor Univ. v. Coley Jackson v. Axelrad, No. 04-0923, 221 SW3d 650 (Tex. Apr. 20, 2007)(Brister)(HCLC, medical malpractice) Gym-N-I Playgrounds, Inc. v. Snider, No 05-0197, 220 S.W.3d 905 (Tex. Apr. 20, 2007)(Jefferson) (commercial lease law, "as is" provision, warranty disclaimer enforceable, bars suit) In Re RLS Legal Solutions, LLC., No. 05-0290, 221 SW3d 629 (Tex. Apr. 20, 2007)(per curiam)(arbitration mandamus) State of Texas v. Holland, No. 05-0292, 221 SW3d 639 (Tex. Apr. 20, 2007)(O'Neill)(contract dispute, royalties, takings claim, sovereign immunity) IRA Resources, Inc. v. Griego, No. 05-0469, 221 SW3d 592 (Tex. Apr. 20, 2007)(per curiam)(special appearance) In the Estate of Marvin Nash, No. 05-0538, 220 SW3d 914 (Tex. Apr. 20, 2007)(Jefferson)(effect of divorce on will) U.S. v. Boateng, No. 05-0752 (Tex. Apr. 20, 2007)(per curiam)(sovereign immunity, bill of review) In Re Michael Angelo Basco, No. 05-0771, 221 SW3d 637 (Tex. Apr. 20, 2007)(per curiam)(disqualification of counsel, mandamus granted) In Re Alvin Green, No. 06-0496, 221 SW3d 645 (Tex. Apr. 20, 2007)(per curiam)(contractual alimony not enforceable by contempt, habeas granted) State of Texas v. Precision Solar Controls, Inc., No. 06-0348 (Tex. Apr. 5, 2007)(per curiam)(prior denial withdrawn upon motion for rehearing)(sovereign immunity) In Re Ricky Derzapf, No. 06-0669, 219 SW3d 327 (Tex. Mar. 23, 2007)(per curiam) (family law, SAPCR, grandparent suit, parent prevails over grandparent in dispute over access to grandchildren, mandamus granted) Also see --> Texas family law cases Zipp v. Alisa Wuemling, No. 05-0731, 218 sw3d 71 (Tex. Mar. 9, 2007)(per curiam) (family law, guardianship, mootness issue) City of Dallas v. Saucedo-Falls, et al.; No. 05-0973, 218 sw3d 79 (Tex. Mar. 9, 2007)(per curiam) (sovereign immunity law; fire fighters given chance to argue waiver by conduct or statute on remand) City of Sweetwater, Texas v. Waddell, et al: No. 05-1033, 218 sw3d 80 (Tex. Mar. 9, 2007)(per curiam) (“sue and be sued” provision in charter does not waive city’s immunity under Tooke v. City of Mexia; firefighters given chance of argue new limited statutory immunity waiver on remand) In Re Texas Department of Transportation (TxDoT), No. 06-0289, 218 sw3d 74 (Tex. Mar. 9, 2007)(per curiam)(mandamus granted to enforce mandatory venue provision of TTCA) In Re Gillespie County, No. 06-00052, 218 sw3d 74 (Tex. Mar. 9, 2007)(per curiam) (mandamus granted to enforce mandatory venue under TTCA) consolidated with In Re Texas Department of Transportation, No. 06-0289 (Tex. Mar. 9, 2007) Jane Doe v. Pilgrim Rest Baptist Church, No. 06-0686, 218 sw3d 81 (Tex. Mar. 9, 2007)(per curiam) (severance, finality of judgement, order, appellate deadlines, timeliness of notice of appeal NoA) Citizens Ins. Co. of America v. Daccach, No. 03-0505 (Tex. Mar 2, 2007)(Wainwright) (insurance law, class certification, choice of law) Separate opinion by Jefferson Moki Mac River Expeditions v. Drugg, No. 04-0432, 221 SW3d 569 (Tex. Mar. 2, 2007)(O'Neill) (long-arm jurisdiction, special appearance, foreign defendant) Dissenting opinion by Phil Johnson City of Galveston v. State, 217 S.W.3d 466 (Tex. 2007) City of Galveston v. State of Texas, No. 04-0890 (Tex. Mar. 2, 2007)(Brister) (sovereign immunity law, statutory immunity waiver, permission to sue) Dissenting opinion by Willett In Re Discount Rental, Inc., No. 05-0249, 216 sw3d 831 (Tex. Mar. 2, 2007)(per curiam) (void judgment, defective service, lack of authority to order sale, enforcement of judgment) Varner v. Cardenas, No. 06-0212, 218 sw3d 68 (Tex. Mar. 2, 2007)(per curiam) (attorney fee segregation, other claims, claims against third parties, counterclaims) Ontiveros v. Flores, No. 06-0607, 218 sw3d 70 (Tex. Mar. 2, 2007)(per curiam) (appellate procedure, failure to preserve error) Hood v. Wal-Mart Stores, Inc. 216 S.w.3d 829 (Tex. 2007) Hood v. Wal-Mart, No. 05-0902 (Tex. Feb. 23, 2007)(per curiam) (pro se appeal, IFP, affidavit of indigence, no contest re: status, DWOP on appeal) In re Bank One, 216 S.W.3d 825 (Tex. 2007) In re Bank One, No. 06-0093 (Tex. Feb 23, 2007)(per curiam) (arbitration, mandamus, presumption against waiver of right to arbitrate) City of Houston v. Williams, 216 S.W.3d 827 (Tex. 2007)( (per curiam) The City of Houston v. Williams, No. 06-0093 (Tex. Feb. 23, 2007)(per curiam) (interlocutory appeal, ILA, sovereign immunity, waiver, declaratory relief, circumvention of immunity by UDJAnot permitted) County of Dallas v. Wiland, No. 04-0247, 216 S.W.3d 344 (Tex. Feb. 16, 2007)(Hecht) Separate opinion by Brister (termination of employment of deputy constables, due process, protected interest) County of Dallas v. Walton, No. 04-0631, 216 S.W.3d 367 (Tex. Feb. 16, 2007)(Hecht) Separate opinion by Brister (deputy constable entitled to procedural due process in case nonreappointment case) Norris v. Thomas, 215 S.W.3d 851 (Tex. 2007) Norris v. Thomas, No. 05-0476 (Tex. Feb. 9, 2007)(Willet) (boat as homestead under Texas homestead law) State Farm Life Ins. Co. v. Martinez, No. 05-0812 (Tex. Feb 9, 2007)(Brister) (insurance law, interpleader, avoidance of penalties and interest by interpleading policy proceeds) Wachovia Bank of Delaware, N.A. v. Gilliam, 215 S.W.3d 848 (Tex 2007) Wachovia Bank v. Gilliam, No. 05-0903 (Tex. Feb. 9, 2007)(per curiam) (restricted appeal, default judgment, insufficient service of corporate citation) Jack in the Box, Inc. v. Skiles, 221 S.W.3d 566 (Tex. 2007) Jack in the Box, Inc. v. Skiles, No. 05-0911 (Tex. Feb 9, 2007(per curiam) (workplace safety, injury, nonsubscriber employer, no duty, no liability for negligence) City of San Antonio v. TPLP Office Park Properties, 218 S.W.3d 60 (Tex. 2007) City of San Antonio v. TPLP Office Park Properties, No. 04-1130 (Tex. Feb. 9, 2007)(per curiam) (governmental entities, takings claim, no compensable taking on account of closing of driveway; city’s action was proper exercise of City’s police power) www.houston-opinions.com www.texas-opinions.com |
2007 Texas Supreme Court Decisions TABLE OF CASES WITH LINKS TO OPINIONS (Tex. 2007) |
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