Links to Recent Texas Supreme Court Opinions (Tex. 2008)

2008 SIGNED AND PER CURIAM OPINIONS ISSUED BY THE TEXAS SUPREME COURT
(with hotlinks to opinions)
Nota bene: This site is not an official site of the State of Texas or its judiciary; see home page for more info

Also see ---> 2007 Tex. Supreme Court Opinions | Per Curiam Opinions (Tex. 2007)

SWBT v. Mitchell, No. 05-0171 (Tex. Dec. 19, 2008)(Hecht)(workers comp, deadline for carrier to
contest compensability of employee's injury)
Chief Justice Jefferson delivered a dissenting opinion, in which Justice O'Neill and Justice Medina joined.
(Justice Green not sitting)

DART v. Amalgamated Transit Union Local, No. 1338, No. 06-0034 (Tex. Dec. 19, 2008)(Hecht)
(federal preemption issue)

U.S. Fidelity & Guaranty Co. v. Goudeau, No. 06-0987 (Tex. Dec. 19, 2008)(Brister)
(insurance coverage, insurer's appearance in same law suit in two capacities, admission)
Justice Green delivered a dissenting opinion, in which Chief Justice Jefferson and Justice Johnson joined.

In re Caballero, No. 07-0484 (Tex. Dec. 19, 2008)(Green)(attorney discipline, BODA discretion,
disbarment or suspension when attorney on probation for criminal conduct)
Justice Willett delivered a dissenting opinion, in which Justice Medina joined.

In re Zandi, No. 07-0919 (Tex. Dec. 19, 2008)(Suppl. Op. on motion for rehearing)(child support
contempt, due process requirement for notice of intent to revoke suspension of commitment)
IN RE REZA ZANDI; from Denton County; 2nd district (02-07-00348-CV, ___ SW3d ___, 10-18-07)
Supplemental Opinion on Rehearing

Gardner v. U.S. Imaging, Inc., No. 08-0268 (Tex. 2008)(per curiam) (HCLC, expert report; opportunity to
cure on remand the export report found deficient on appeal)

In Re Global Santa Fe Corp., No. 07-0040 (Tex. Dec. 5, 2008) (Willett) (mandamus granted)
(silica litigation, Jones Act preemption issues)

In Re G.E. Co., No. 07-0195 (Tex. Dec. 5, 2008) (Phil Johnson)
(forum non conveniens mandamus granted in suit brought by worker exposed of asbestos and wife)

TxDoT v. York, No. 07-0743 (Tex. Dec. 5, 2008)(per curiam)
(TTCA, dangerous road conditions, special defect) (TTCA, Texas Tort Claims Act suit, exception to
sovereign immunity, dangerous road conditions, loose gravel, special defect, premises defect)

Autozone, Inc. v. Reyes, No. 07-0773 (Tex. Dec. 5, 2008)(per curiam) (employment litigation)
(age discrimination suit, judgment on jury verdict for employee reversed, take-nothing judgment rendered)

Wagner & Brown, Ltd. v. Sheppard, No. 06-0845 (Tex. Nov. 21, 2008) Brister)(oil and gas lease)

Sonat Exploration Co. v. Cudd Pressure Control, Inc. No. 06-0979 (Tex. Nov. 21, 2008) (Brister)(choice
of law)

SSP Part n ers and Metro Novelties, Inc., No. 05-0721 (Tex. Nov. 14, 2008)(Hecht)
(products liability, indemnity)

Kerlin v. Soto Arias, No. 06-0097 (Tex. Nov. 14, 2008)(challenge to deed, sufficiency of affidavit, lack
personal knowledge, hearsay, foreign language translation)

Perry v. Cohen, No. 07-0301 (Tex. Nov. 14, 2008)(special exceptions dismissal)

In Re Transcontinental Realty Investors, Inc. No. 07-0608 (Tex. Nov. 14, 2008)(venue mandamus in
condemnation suit, motion to transfer venue)

In Re Union Carbide Corp. No. 07-0987 (Tex. Nov. 14, 2008)(mandamus granted, severance,
intervention disallowed)

In Re Shondra Buster, No. 08-0125 (Tex. Nov. 14, 2008)(mandamus in HCLC case, expert report
requirement)

In Re Next Financial Groups, Inc., No. 08-0192 (Tex. Nov. 14, 2008)(per curiam) (arbitration, employment
dispute arbitration securities broker's Sabine Pilot claim for wrongful termination)

Digiuseppe v. Lawler, No. 04-0641(Tex. Oct. 17, 2008)(specific performance)(Justice Waldrop)
Justice Green delivered a dissenting opinion, in which Chief Justice Jefferson, Justice O'Neill, and Justice
Johnson joined. (Justice Medina not sitting)

Kerlin v. Sauceda, No. 05-0653 (Tex. Oct. 10, 2008)(subst op. by O'Neill)
(oil and gas law, statute of limitations not tolled)
Justice Brister delivered a concurring opinion, in which Justice Hecht, Justice Medina, and Justice Willett
joined.

UPLC v. Nationwide Mutual Ins. Co., No. 05-0130 (Tex. Sep. 26, 2008)(per curiam opinion on motion for
rehearing)(legality of insurer's use of staff attorneys to defend insured)

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)
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)

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)

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)

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.,

State of Texas v. Dawmar Partners, Ltd., No. 07-0548 (Tex. Sep. 26, 2008)(per curiam)
(condemnation appeal, state prevails)

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)
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)
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))
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, trespass, rule of capture)
Justice Willett delivered a concurring opinion.
Justice Johnson delivered an opinion concurring in part and dissenting in par t, in which Chief Justice
Jefferson joined, and in Part I of which Justice Medina joined.

Kerlin v. Sauceda, No. 05-0653 (Tex. Aug. 29, 2008)(O'Neill)
(oil and gas royalties, claims barred by limitations)
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)

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)

Ulico Casualty Co. v. Allied Pilots Association, No. 06-0247 (Tex. Aug. 29, 2008)(Johnson)
(insurance coverage, non-coverage claim, waiver, estoppel)
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) abatement order issued | stay order issued
The Court abates this cause pursuant to Texas Rule of Appellate Procedure 7.2.
Justice Johnson delivered a dissenting opinion.

Zurich American Ins. Co. v. Nokia Inc., No. 06-1030 (Tex. Aug. 29,2008)(Jefferson)
(insurance coverage, duty to defend)
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)
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)
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)
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)

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)

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)
Justice Willett delivered a dissenting opinion.

August 29, 2008 Texas Supreme Court Issues 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)

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)

Brookshire Grocery v. Goss, No. 07-0085 (Tex. Aug. 29, 2008)(per curiam)
(workplace injury, judgment for injured employee reversed, no duty)

In re Kiberu, No. 07-0959 (Tex. Aug. 29, 2008)(per curiam)(presuit discovery 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)

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)

July 25, 2008: Five identical one-sentence "opinions" issued

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 Interest of KW and MA, No. 08-0254 (Tex. July 25, 2008)(per curiam)(termination)

In Interest of DW, TW, and SG, No. 08-0258 (Tex. July 25, 2008)(per curiam)(termination)

In Interest of JJ, No. 08-0299 (Tex. July 25, 2008)(per curiam)(termination)

In Interest of DF, No. 08-0378 (Tex. 25, 2008)(per curiam)(termination)

July 11, 2008 Texas Supreme Court Opinions

City of Waco, Texas v. Lopez, No. 06-0089 (Tex. July 11, 2008)(Opinion by Justice Wainwright)
(Public Employment, Whistleblower Act, TCHRA, anti-discrimination statute as exclusive remedy for retaliation
claim at issue, failure to satisfy prerequisites for suit by not bringing administrative complaint first)

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 which was not part of written letter agreement)

Sacks , PC v. Haden, No. 07-0487 (Tex. July 11, 2008)(per curiam)
(turnover order to enforce judgment in attorney's fees collection case)

Sells v. Drott, No. 07-0848 (Tex. July 11, 2008)(per curiam) (default judgment set aside)

June 27, 2008 Supreme Court Opinions

Pleasant Glade Assembly of God v. Schubert, No. 05-0916 (Tex. June 27, 2008) (Majority Opinion by
Justice Medina) (constitutional law, first amendment freedom of exercise clause, religious doctrine and belief-
motivated tortious acts, demon possession) (intentional tort claim by church member for mental anguish
suffered as a result of exorcism, including assault and physical restraint, barred by church's ecclesiastical
immunity; claim that defendants were judicially estopped from invoking First Amendment protection based on
litigation conduct also rejected)
The Court reverses the court of appeals' judgment and dismisses the case.
Justice Medina delivered the opinion of the Court, in which Justice Hecht, Justice O'Neill, Justice
Wainwright, Justice Brister, and Justice Willett joined.
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)
(UCC breach of implied warranty claim in PI, death case a tort for purposes of comparative responsibility
statute; recovery barred)
Chief Justice Jefferson wrote a concurring opinion

In Re Chambless, No. 07-0767 (Tex. June 27, 2008) (per curiam) (family law, grandparent visitation suit)
(mandamus granted)

In re OAG, No. 08-0165 (Tex. June 27, 2008) (per curiam)
(child support collection, TRO against Attorney General 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)
(mandamus granted to enforce arbitration, claim of waiver rejected)

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,
Texas Supreme Court grants mandamus to enforce forum selection clause)

June 14, 2008 Opinions issued by the Tex. Sup. Ct.

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

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

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 in support of HCLC
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. 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 Opinions handed down by the Texas Supreme Court

In Re Roberts, No. 05-0362 (Tex. Jun 6, 2008)(per curiam) (HCLC, grace period for filing of adequate expert
report, court of appeals should not have overruled trial court on 30-day extension granted to allow plaintiff to
redress problems with expert report)

In re Methodist Healthcare System of San Antonio, Ltd, No. 05-0575 (Tex. Jun 6, 2008)(per curiam)
(HCLC, sufficiency of expert report, court below instructed to consider granting mandamus)

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.

Texas Supreme Court Opinions Released May 28 and May 29, 2008

Guitar Holding Co. LP v. Hudspeth County Underground Water Conservation District, 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) (child support contempt, habeas corpus
granted)

In re TDFPS (CPS), No. 08-0391 (Tex. May 29, 2008)(per curiam) (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)
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.

Opinions Issued May 23, 2008

Providence Health Center v. Dowell, No. 05-0386 (Tex. May 23, 2008)(Hecht) (HCLC suicide risk
management, medical treatment) (Supreme Court concludes that discharge of patient exhibiting suicide risk
from Defendant's emergency room did not proximately cause patient'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 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.

Texas Supreme Court Opinions Issued May 16, 2008

First American Title Ins. Co. v. Susan Combs, Comptroller, No. 05-0541 (Tex. May 16, 2008)(Majority
Opinion by Justice Don Willett) (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)
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, 51 Tex. Sup. Ct.. J. 904
(Tex. May 16, 2008) (Opinion by Justice Paul Green) (intergovernmental dispute over easement for water
extraction from lake, eminent domain, 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) (sufficiency of
affidavit of inability to pre pay fees for appeal, IFP) (Opinion by Justice Harriet O'Neill)
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, 254 S.W.3d 453 (Tex. May 16, 2008)(substituted per curiam opinion on
motion for rehearing)(The Court's opinion of February 15, 2008 is withdrawn and the opinion of this date is
substituted.)

May 2, 2008 Texas Supreme Court Opinions

Perry Homes v. Cull, No. 05-0882 (Tex. May 2, 2008)(Opinion by Scott A. Brister)
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, 250 S.W.3d 78 (Tex. May 2, 2008)
(Pay Day Act claim, res judicata, claim preclusion based on agency ruling)

Bic Pen Corp. v. Carter, No. 05-0835, 251 S.W.3d 500 (Tex. Apr. 18, 2008)(Opinion by Justice David Medina)
(products liability, design defect claim, implicit federal preemption of state tort law, manufacturing defect
claim)

Villafani v. Trejo, MD, No. 06-0501, 251 S.W.3d 466 (Tex. Apr. 18, 2008)(Opinion by Justice Dale Wainwright)
(medical malpractice suits, HCLC, ILA, denial of sanctions, effect of nonsuit on defendant's right to appeal
denial of motion for sanctions)

Barrera, MD v. Rico, No. 05-0928, 251 S.W.3d 519 (Tex. Apr. 18, 2008)(per curiam)(appealability of order
denying doctor's motion for sanctions after plaintiff nonsuited HCLC suit with prejudice)

Regent Care Center of San Antonio II, LP v. Hargrave, No. 06-0717, 251 S.W.3d 517 (Tex. Apr. 18, 2008)
(per curiam) (HCLC, medical malpractice, effect on nonsuit on health care provider's pending appeal of order
denying
sanctions)

U niversity of Texas - Pan American [UT-PA N AM ] v. Aguilar, No. 07-0424, 251 S.W.3d 511 (Tex. Apr. 18,
2008)(per curiam) (TTCA, premises liability, dangerous condition, ostrich defense)

In Interest of KCB, a Child, No. 07-1068, 251 S.W.3d 514 (Tex. Apr. 18, 2008) (per curiam)
(parents right to appeal in termination of parental rights case, procedural requisites for appeal)

April 11, 2008 Texas Supreme Court Opinions

In the Matter of HV, No. 06-0005 (Tex. Apr. 11, 2008)(Brister) (juvenile law, Miranda warning, requirements
for effective invocation of right to counsel)
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, 251 S.W.3d 55 (Tex. Apr. 11, 2008)(Jefferson)
(successful express breach of warranty claim warrants award of attorneys' fees)
(Justice Hecht not sitting)

Lewis, MD v. Funderburk, No. 06-0518, 253 S.W.3d 204 (Tex. Apr. 11, 2008) (Brister)
(HCLC, medical malpractice, expert report, interlocutory appeal)
Justice O'Neill delivered a concurring opinion.
Justice Willett delivered a concurring opinion.

Moore, M.D. v. Gatica, No. 07-0094, 253 S.W.3d 219 (Tex. April 11, 2008)
07-0094 PHILIP A. MOORE, M.D. v. KRISTY GATICA; from Tarrant County; 2nd district (02-06-00442-CV,
___ SW3d ___, 01-25-07)
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.

Diaz-Rohena, M.D. v. Melton, No. 07-0173, 253 S.W.3d 218 (Tex. Apr. 11, 2008)
07-0173 ROBERTO DIAZ-ROHENA, M.D. v. CYNTHIA S. MELTON; from Tarrant County; 2nd district (02-06-
00315-CV, ___ SW3d ___, 01-25-07)
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.

Center for Neurological Disorders, PA v. George, No. 07-0174 , 253 S.W.3d 217 (Tex. Apr. 11, 2008)
07-0174 CENTER FOR NEUROLOGICAL DISORDERS, P.A. AND GREGORY A. WARD, M.D. v. ROGER P.
GEORGE AND JULIET A. GEORGE; from Tarrant County; 2nd district (02-06-00105-CV, ___ SW3d ___, 01-
25-07)
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.

Collini, M.D., v. Pustejovsky, No. 07-0227, 253 S.w.3d 216 (Tex. Apr. 11, 2008)
07-0227 WENDY COLLINI, M.D. v. MARTHA PUSTEJOVSKY; from Tarrant County; 2nd district
(02-07-00005-CV, ___ SW3d ___, 02-08-07)
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 remands the case to that court.

07-0228 GRAHAM OAKS CARE CENTER, INC., NEW GRAHAM OAKS CARE CENTER, INC. AND GRAHAM
OAKS CARE CENTER v. ALLAGRA FARABEE AND EARLENE PRICE, AS NEXT FRIEND OF ALLAGRA
FARABEE; from Young County; 2nd district (02-06-00452-CV, ___ SW3d ___, 02-08-07)
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 remands the case to that court.

Danos v. Rittger, M.D., No. 07-0312, 253 S.W.3d 215 (Tex. Apr. 11, 2008)
07-0312 LOU VIRGINIA DANOS, INDIVIDUALLY AND AS NEXT FRIEND OF RYAN COCHRAN, A MINOR v.
KEVIN RITTGER, M.D.; from Harris County; 1st district (01-06-00350-CV, ___ SW3d ___, 03-01-07)
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 the trial court.

Hill Regional Hospital, No. 07-0368, 253 S.W.3d 213 (Tex. April 11, 2008)
07-0368 HILL REGIONAL HOSPITAL v. MAXINE RUNNELS, INDIVIDUALLY AND AS HEIR TO AND ON BEHALF
OF THE ESTATE OF GLENDON RUNNELS, DECEASED AND TAMMY RUNNELS WALKER AND GLEN PAUL
RUNNELS, INDIVIDUALLY; from Hill County; 10th district (10-06-00372-CV, ___ SW3d ___, 03-14-07)
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.

Metwest, Inc v. Rodriguez, No. 07-0422, 253 S.W.3d 212 (Tex. April 11, 2008)
07-0422 METWEST INC. D/B/A QUEST DIAGNOSTICS INCORPORATED v. MIGUEL RODRIGUEZ, JR.,
MIGUEL RODRIGUEZ AND LUCY RODRIGUEZ; from Tarrant County; 2nd district (02-07-00047-CV, ___
SW3d ___, 04-05-07)
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.

April 4, 2008 Texas Supreme Court Opinions

Texas Mutual Ins. Co. v. Ledbetter, No. 06-0814, 251 S.W.3d 31 (Tex. Apr. 4, 2008)(Opinion by Justice
Brister) (insurance law, subrogation, worker's comp)
TEXAS MUTUAL INSURANCE COMPANY v. PAULA LEDBETTER, REPRESENTATIVE OF THE ESTATE OF
CHARLES WADE LEDBETTER, INDIVIDUALLY AND AS NEXT FRIEND OF DUSTIN WADE LEDBETTER, A
MINOR, AND TONJA LEDBETTER AND JAMIE LEDBETTER, INDIVIDUALLY; from Jones County; 11th district
(11 -05 -00098 -CV, 192 S .W .3d 912, 06-01-06)
2 petitions
motion for emergency relief from declaratory judgment action dismissed as moot
The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the
trial court.
Justice Brister delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice
O'Neill, Justice Wainwright, Justice Medina, Justice Green, and Justice Willett joined, and in which Justice
Johnson joined as to Parts I through III and Part V.

Ansell Healthcare Products, Inc. v. Owens & Minor, Inc., No. 06-0386 , 251 S.W.3d 499 (Tex. Apr. 4, 2008)
(per curiam) (indemnity)
ANSELL HEALTHCARE PRODUCTS, INC. AND BECTON, DICKINSON AND COMPANY v. OWENS & MINOR,
INC. AND OWENS & MINOR MEDICAL, INC.; from Bowie County; 6th district (06-04-00136-CV,
189 S.W.3d 889, 03-31-06) 2 petitions
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.

March 28, 2008 Texas Supreme Court Opinions ----> Links to opinions

Owe n s & Minor, Inc. v. Ansell Healthcare Products, Inc., No. 06-0322, 251 S.W.3d 481 (Tex. Mar 28, 2008)
(Majority Opinion by Justice Paul Green) (certified question from the Fifth Circuit - 5th Cir.) (products liability,
indemnification, litigation costs)
OWENS & MINOR, INC. AND OWENS & MINOR MEDICAL, INC. v. ANSELL HEALTHCARE PRODUCTS,
INC. AND BECTON, DICKINSON AND COMPANY
motion to consolidate denied
The Court answers the question certified by the United States Court of Appeals for the Fifth Circuit.
Justice Green delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice
Wainwright, and Justice Brister joined.
Justice Brister delivered a concurring opinion.
Justice O'Neill delivered a dissenting opinion, in which Justice Medina, Justice Johnson, and Justice Willett
joined.

Unauthorized Practice of Law Committee v. American Home Assurance Co., Inc., No. 04-0138 (Tex. Mar.
28, 2008) (Majority Opinion by Justice Hecht) (in-house lawyers)
UNAUTHORIZED PRACTICE OF LAW COMMITTEE v. AMERICAN HOME ASSURANCE COMPANY, INC.
AND THE TRAVELERS INDEMNITY COMPANY; from Dallas County; 11th district (11-02-00212-CV, 121
S.W.3d 831, 11-06-03)
The Court modifies the court of appeals' judgment and affirms that judgment as modified.
Justice Hecht delivered the opinion of the Court, in which Chief Justice Jefferson, Justice O'Neill, Justice
Wainwright, Justice Brister, Justice Medina, and Justice Willett joined.
Justice Johnson delivered a dissenting opinion, in which Justice Green joined.

Mission Consolidated ISD v. Garcia, No. 05-0734, 253 S.W.3d 653 (Tex. Mar. 28, 2008)(Opinion by Justice O’
Neill) (public employment, wrongful termination claim, TTCA, tort claims, TCHRA claim, immunity waiver,
dismissal of employee, suit against entity)
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; 13th district (13-05-00021-CV, ___ SW3d ___, 06 30 05)
– consolidated with –
05-0763 MISSION CONSOLIDATED INDEPENDENT SCHOOL DISTRICT v. DEBORAH MEDINA; from
Hidalgo County; 13th district (13-05-00060-CV, ___ SW3d ___, 06 30 05)
The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the
trial court.
Justice O'Neill delivered the opinion of the Court.

Pruett v. Harris County Bail Bond Board, et al, No. 05-0283, 249 SW3d 447 (Tex. Mar. 28, 2008)(Opinion by
Justice O’Neill) (local governmental entities, regulatory authority, ultra vires claim)
CARL R. PRUETT AND NATIONAL AMERICAN INSURANCE COMPANY v. HARRIS COUNTY BAIL BOND
BOARD, ET AL.; from Harris County; 1st district (01-02-01043-CV, 177 S.W.3d 260, 03-10-05)
The Court affirms in part and reverses in part the court of appeals' judgment.
Justice O'Neill delivered the opinion of the Court.

Nationwide Ins. Co. v. Elchehimi, No. 06-0106, 249 SW3d 430 (Tex. Mar. 28, 2008)(Majority opinion by
Justice Wainwright) (insurance coverage law and litigation, breach of contract, claim denial)
NATIONWIDE INSURANCE COMPANY v. MOHAMAD ELCHEHIMI, INDIVIDUALLY AND AS PARENT AND
NEXT FRIEND OF KHALED ELCHEHIMI AND LUKMAN ELCHEHIMI, MINORS; from Ellis County; 10th district
(10-04-00298-CV, 183 S.W.3d 833, 12-28-05)
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 Wainwright delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht,
Justice Brister, Justice Green, Justice Johnson, and Justice Willett joined.
Justice O'Neill delivered a dissenting opinion, in which Justice Medina joined.

Chu v. Hong, No. 06-0127, 249 SW3d 441 (Tex. Mar. 28, 2008)(Opinion by Justice Scott A. Brister)
(family law, divorce, property transfer to third parties, UFTA, fraudulent transfer, fraud on community by
spouse not actionable as independent tort, no double recovery)
WILLIAM CHU v. CHONG HUI HONG; from Tarrant County; 2nd district (02-04-00279 CV, 185 S.W.3d 507,
10-20-05)
The Court reverses the court of appeals' judgment and renders judgment.
Justice Brister delivered the opinion of the Court.

Lowenberg v. City of Dallas, No. 06-0310 (Tex. Mar. 28, 2008)(per curiam)(government entity law, local
governments, illegal fee, tax refund suit, takings claim, declaratory judgment, UDJA attorney's fees)
JIM LOWENBERG, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED v. CITY OF
DALLAS; from Dallas County; 11th district (11-03-00061-CV, 187 S.W.3d 777, 03-01-06)
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 Jorden, MD, 249 SW3d 416, No. 06-0369 (Tex. Mar. 28, 2008)(Brister)
(HCLC, MedMal, permissibility of presuit discovery, Rule 202 deposition)
IN RE JACK JORDEN, M.D., ET AL.; from Smith County; 12th district (12-06-00040-CV, 191 S.W.3d 483, 04-
27-06)
relators' joint motion for emergency temporary relief dismissed as moot
The Court conditionally grants the petition for writ of mandamus.
Justice Brister delivered the opinion of the Court.
Justice O'Neill delivered a concurring opinion

Trend Offset Printing Services, Inc. v. Collin County Community College District (CCCCD), No. 06-0525, 249
SW3d 429 (Tex. Mar. 28, 2008)(per curiam) (governmental immunity, breach of contract, statutory waiver)
TREND OFFSET PRINTING SERVICES, INC. v. COLLIN COUNTY COMMUNITY COLLEGE DISTRICT; from
Collin County; 5th district (05-05-00456-CV, ___ S.W.3d ___, 04-27-06)
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.

County of Dallas v. Sempe, No. 05-0022 (Tex. Mar. 28, 2008)(per curiam)(interlocutory appeal, no conflicts
jurisdiction, petition ungranted)
COUNTY OF DALLAS v. CHRISTOPHER SHAWN SEMPE AND CARL RAYMOND SEMPE, SOLE HEIRS OF
CHARLES RAY SEMPE; from Dallas County; 5th district (05- 03-01603-CV, 151 S.W.3d 291, 12-07-04)
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.

City of Dallas v. DeQuire, No. 06-0543, 249 SW3d 428 (Tex. Mar. 28, 2008)(per curiam)
(local governmental entities, immunity waiver)
CITY OF DALLAS v. DWIGHT DEQUIRE, MICHAEL FELINI, TERRANCE HOPKINS AND LEROY QUIGG;
from Dallas County; 5th district (05-04-01865-CV, 192 S.W.3d 663, 04-18-06)
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.

New Texas Auto Auction Services, LP. v. Gomez de Hernandez, No. 06-0550, 249 SW3d 400 (Tex. Mar. 28,
2008)(Brister)(product liability, auctioneer liability, defective car, wrongful death, product liability)
NEW TEXAS AUTO AUCTION SERVICES, L.P. D/B/A BIG H AUTO AUCTION v. GRACIELA GOMEZ DE
HERNANDEZ, ET AL.; from Hidalgo County; 13th district (13-03-00728-CV, 193 S.W.3d 220, 04-06-06)
The Court reverses the court of appeals' judgment and reinstates the trial court's judgment.
Justice Brister delivered the opinion of the Court.

20281, Inc. v. Parker, No. 06-0574, 249 SW3d 392 (Tex. Mar. 28, 2008)(Jefferson)(Dram Shop Act)
20801, INC. v. JOHN L. PARKER; from Harris County; 14th district (14-05-00250-CV, 194 S.W.3d 556, 04-
11-06)
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.

In Re Bazan, No. 06-0952, 251 S.W.3d 39 (Tex. Mar. 28, 2008)(Medina)(mandamus)
(removal of local official based on conviction, disqualification, ethics)
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)

Bushnell v. Mott, No. 06-1044, 254 S.W.3d 451 (Tex. Mar. 28, 2008)(per curiam)
(animal law, dog bite liability)
GENEVIA BUSHNELL AND DEWARD RAYMOND (D.R.) BUSHNELL v. JANET MOTT; from Gillespie County;
4th district (04-05-00846-CV, ___ S.W.3d ___, 09-13-06)
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.

City of Corsicana v. Stewart, No. 07-0058, 249 SW3d 412 (Tex. Mar. 28, 2008)(per curiam)
(TTCA, premises liability,
dangerous condition, suits against government entities over drowning death)
CITY OF CORSICANA, TEXAS v. PATRICK STEWART SR. AND SENTRIA WHITFIELD, INDIVIDUALLY AND
AS HEIRS TO THE ESTATES OF PATRICK STEWART JR. AND BROOKE STEWART; from Navarro
County; 10th district (10-06- 00044-CV, 211 S.W.3d 844, 12-06-06)
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 dismisses the case for want
of jurisdiction.

O’Neil v. Ector ISD, No. 07-0084, 251 S.W.3d 50 (Tex. Mar. 28, 2008)(per curiam) (teacher contract dispute,
exhaustion of administrative remedies, limitations)
HELEN O'NEAL v. ECTOR COUNTY INDEPENDENT SCHOOL DISTRICT; from Travis County; 11th district
(11-06-00013-CV, 221 S.W.3d 286, 11-09-06)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without
hearing oral argument, the Court affirms the court of appeals' judgment.

Hamilton v. Wilson, MD, No. 07-0164, 249 SW3d 425 (Tex. Mar. 28, 2008)(per curiam) (HCLC, sufficiency of
expert report)
NADINE HAMILTON, NEE NADINE LAMBERT v. SELMA P. WILSON, M.D.; from Lubbock County; 7th district
(07-06-00071-CV, ___ S.W.3d ___, 11-01-06)
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.

Murff, MD v. Pass, No. 07-0294, 249 SW3d 407 (Tex. Mar. 28, 2008) (HCLC, jury selection, juror confusion,
disqualification)
W. GENE MURFF, M.D. AND MURFF-WANG-MOORE ASSOCIATES, P.A. v. WANDA KAYE PASS, AS
NEXT FRIEND OF LESLIE LEANN PASS, A MINOR; from McLennan County; 10th district (10-06-00162-CV,
___ S.W.3d ___, 02-28-07)
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.

Alfonso v. Skadden, No. 07-0321, 251 S.W. 52 (Tex. Mar. 28, 2008)(per curiam)
(child custody jurisdiction, international family law, service by publication)
ANA MARIA TARQUIS ALFONSO v. MICHAEL SKADDEN; from Harris County; 14th district (14-05-00489-
CV & 14-05-00488-CV, ___ S.W.3d ___, 03-06-07)
Opinion below: Skadden v. Tarquis (Tex. App.- Houston [14th Dist.] Mar. 6, 2007, pet. filed)
motion to strike reply brief 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 renders judgment.

February 29, 2008 - Supreme Court releases one per curiam opinion

Grimes Construction, Inc. v. Great American Lloyds Ins. Co., No. 06-0332, 248 SW3d 171 (Tex. 2007)(per
curiam) (commercial general liability insurance coverage for damages resulting from defective work,
residential construction, definition off occurrence)
GRIMES CONSTRUCTION, INC. v. GREAT AMERICAN LLOYDS INSURANCE COMPANY; from Tarrant
County; 2nd district (02-04-00335-CV, 188 S.W.3d 805, 03/09/06)
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.

February 22, 2008 - New opinion by Justice Medina issued, original opinion withdrawn

El Paso Hospital District v. Texas Health and Humans Services Comm., No. 05-0372 (Tex. Feb. 22, 2008)
(Substitute opinion by Justice David Medina)
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)
motion for rehearing granted
opinion and judgment issued August 31, 2007, withdrawn
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Medina delivered the opinion of the Court.

February 15, 2008: Supreme Court speeds up opinion release

Evanson Ins. Co. v. Atofina Petrochemicals, Inc., No. 03-0647 (Tex. Feb. 15, 2008)(Justice Green)
EVANSTON INSURANCE COMPANY v. ATOFINA PETROCHEMICALS, INC.; from Jefferson County; 9th district
(09-02-00072-CV, 104 S.W.3d 247, 04/10/03)
opinion and judgment issued May 5, 2006, withdrawn
substituted opinion issued
motion to dismiss petition for review as improvidently granted, denied
joint motion for oral argument on rehearing, dismissed as moot
The Court affirms in part and reverses in part the court of appeals' judgment and renders judgment.
Justice Green delivered the opinion of the Court, in which Chief Justice Jefferson, Justice O’Neill, Justice
Wainwright, Justice Brister, Justice Medina, and Justice Willett joined, and in which Justice Hecht and Justice
Johnson joined as to Parts I, II.A–II.D, and II.F.
Justice Hecht filed an opinion concurring in part and dissenting in part , in which Justice Johnson joined.

Bowden v. Phillips Gas Co., No. 03-0824 (Tex. Feb. 15, 2008)(Justice Wainwright)
KATHRYN AYLOR BOWDEN, BEULAH POORMAN VICK, OMER F. POORMAN, MONTE CLUCK, ROYCE
YARBROUGH, AND BENNY TED POWELL v. PHILLIPS PETROLEUM COMPANY, GPM GAS CORPORATION,
PHILLIPS GAS MARKETING COMPANY, PHILLIPS GAS COMPANY, AND GPM GAS TRADING COMPANY;
from Fort Bend County; 14th district (14-02-00634-CV, 108 S.W.3d 385, 05/01/03)
The Court reverses in part and affirms in part the court of appeals' judgment and remands the case to the
trial court.
Justice Wainwright delivered the opinion of the Court.
(Justice Brister not sitting)

PR Investments and Special Retailers, Inc. v. Texas, No. 04-0431, 251 S.W.3d 472 (Tex. Feb. 15, 2008)
(Justice Willett) (condemnation, eminent domain, road construction project, trial court jurisdiction, award of
fees and costs, monetary 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 Willett delivered the opinion of the Court.

Fairfield Ins. Co. v. Stephens Martin Paving, LP, No. 04-0728, 246 SW3d 653 (Tex. Feb. 15, 2008)(Justice
Wainwright)(insurance law, duty to defend, indemnify, coverage for exemplary damages for gross negligence)
FAIRFIELD INSURANCE COMPANY v. STEPHENS MARTIN PAVING, LP; CARRIE BENNETT, INDIVIDUALLY
AND AS REPRESENTATIVE OF THE ESTATE OF ROY EDWARD BENNETT, DECEASED, AND AS NEXT
FRIEND OF LANE EDWARD BENNETT, CODY LEE BENNETT, AND APRIL ANNE BENNETT, MINORS
motion for re-argument denied
The Court answers the question 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, and Justice Willett joined, and in which Justice Johnson
joined as to Parts I, II, and IV only.
Justice Hecht delivered a concurring opinion, in which Justice Brister, Justice Medina, and Justice Willett
joined.
Justice Johnson delivered a concurring opinion.

National Union Fire Ins. Co. of Pittsburg, PA v. Crocker, No. 06-0868, 246 SW3d 603 (Tex. Feb. 15, 2008)
(Justice Willett) (certified questions) (default judgment against insured employee, insurance law, no duty to
inform additional insured, right to defense, failure to give timely notice, estoppel claim)
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.

Chau v. Jefferson R iddle, MD, No. 07-0035 (Tex. Feb. 15, 2008)(per curiam)(HCLA, medical malpractice,
Good Samaritan defense rejected, summary judgment improperly granted)
THAO CHAU AND HA DIEN DO, INDIVIDUALLY, AND ON BEHALF OF THEIR MINOR CHILD, S.D.D. v.
JEFFERSON RIDDLE, M.D. AND GREATER HOUSTON ANESTHESIOLOGY, P.A.; from Harris County; 1st
district (01-04-00551-CV, 212 S.W.3d 699, 09/28/06)
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.

February 8, 2008: Supreme Court Releases One Opinion Resolving Consolidated Cases

In the Interest of DNC (Tex. 2008)(child protection, DFPS suit, termination of parental rights, natural parent
presumption, award to conservatorship to child protection agency properly reversed along with termination of
parental rights in the absence of independent basis for rebutting parental presumption)
07-0621 IN THE INTEREST OF D.N.C., A CHILD; from Harris County; 1st district (01-04-01232-CV,
227 S.W.3d 799, 12/21/06)
— consolidated with —
07-0622 IN THE INTEREST OF T.L.J. AND T.B.J., CHILDREN; from Harris County; 1st district (01-04-01233-
CV, 227 S.W.3d 799, 12/21/06)
— consolidated with —
07-0623 IN THE INTEREST OF T.J.C. AND T.D.C., CHILDREN; from Harris County; 1st district (01-05-00124-
CV, 227 S.W.3d 799, 12/21/06)
— consolidated with —
07-0624 IN THE INTEREST OF E.D.C., A CHILD; from Harris County; 1st district (01-05-00126-CV, 227 S.W.
3d 799, 12/21/06)
— consolidated with —
07-0625 IN THE INTEREST OF J.D.M., A CHILD; from Harris County; 1st district (01-05-00127-CV, 227 S.W.
3d 799, 12/21/06)

February 1, 2008 Opinions released by the Tex. Sup. Ct.

Excess Underwriters v. Frank's Casing Crew & Rental Tools, Inc., No. 02-0730, 246 SW3d 42 (Tex. Feb. 1,
2008)(Substitute opinion on rehearing by Justice Harriet O'Neill, 2005 opinion withdrawn) (insurance law,
right to reimbursement, implied and constructive contract)
EXCESS UNDERWRITERS AT LLOYD'S, LONDON AND CERTAIN COMPANIES SUBSCRIBING SEVERALLY
BUT NOT JOINTLY TO POLICY NO. 548/TA4011F01 v. FRANK'S CASING CREW & RENTAL TOOLS, INC.;
from Harris County; 14th district (14-01-00349-CV, 93 S.W.3d 178, 06/27/02)
The Court affirms the court of appeals' judgment. Justice O'Neill delivered the opinion of the Court, in which
Chief Justice Jefferson, Justice Medina, Justice Johnson, and Justice Willett joined.
Justice Hecht delivered a dissenting opinion, in which Justice Green joined.
Justice Wainwright delivered a dissenting opinion.
(Justice Brister not sitting)

Daimler Chrysler Corp. v. Inman, No. 03-1189 (Tex. Feb. 1, 2008)(Opinion by Justice Nathan Hecht)(class
action dismissed on standing grounds, jurisdictional dismissal, DWOJ)
DAIMLERCHRYSLER CORPORATION v. BILL INMAN, DAVID CASTRO, AND JOHN WILKINS, EACH
INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED; from Nueces County; 13th district
(13-02-00415-CV, 121 S.W.3d 862, 11/20/03)
The Court reverses the court of appeals' judgment and dismisses the case for want of jurisdiction. Justice
Hecht delivered the opinion of the Court, in which Justice Wainwright, Justice Brister, Justice Medina, and
Justice Willett joined.
Chief Justice Wallace Jefferson delivered a dissenting opinion, in which Justice Harriet O'Neill, Justice
Paul Green, and Justice Phil Johnson joined.

January 25, 2008 Texas Supreme Court Opinions

Arkoma Basin Exploration Co., No. 03-1066, 249 SW3d 380 (Tex. Jan. 25, 2008) (Brister) (jury award of fraud
damages reversed against some defendants)
ARKOMA BASIN EXPLORATION COMPANY, INC., ET AL. v. FMF ASSOCIATES 1990-A, LTD., ET AL.; from
Rockwall County; 5th district (05-02-00669 CV, 118 S.W.3d 445, 08-21-2003)
motion to release security dismissed as moot
The Court affirms in part and reverses in part the court of appeals' judgment and renders judgment.
Justice Brister delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice
Wainwright, Justice Green, Justice Medina, Justice Johnson, and Justice Willett joined.
Justice O'Neill filed a concurring and dissenting opinion.

City of Rockwall, Texas v. Hughes, No. 05-0126, 246 SW3d 621 (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.

AIC Management v. Crews, No. 05-0270, 246 SW3d 640 (Tex. Jan 25, 2008)(O’Neill) (condemnation,
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.

Living Centers of Texas, Inc. v. Penalver, No. 06-0929 (Tex. Jan. 25, 2008)(per curiam) (wrongful death,
nursing home negligence, improper jury argument)
LIVING CENTERS OF TEXAS, INC., CYNDI BROWN, LNFA, AND KIMBERLY BORDOVSKY, DON v.
AUGUSTINE PEÑALVER, INDIVIDUALLY AND AS INDEPENDENT EXECUTOR OF THE ESTATE OF MARIA
BELIA PEÑALVER, DECEASED, AND RAMON PEÑALVER; from Bexar County; 4th district (04-05-00565-CV,
217 S.W.3d 44, 09-13-2006)
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 remands the case to the trial court.

In re BP Products North America, Inc., No. 07-0119, 244 SW3d 840 (Tex. Jan. 25, 2008)(Gaultney, sitting by
assignment)(mandamus)(Discovery dispute, apex deposition, Rule 11 agreement, motion to quash notice of
deposition, protective order, discovery mandamus granted)
IN RE BP PRODUCTS NORTH AMERICA, INC.; from Galveston County; 1st district (01-06-00943 CV, ___ S.
W.3d ___, 02-09-2007) Opinion below: In re BP Products North America Inc., (Tex.App.- Houston [1st Dist.]
Feb. 9, 2007)(per curiam)
motion to dismiss mandamus as moot, denied
stay order issued February 22, 2007, lifted
The Court conditionally grants the petition for writ of mandamus. [Trial court judge: Susan Criss]
Justice Gaultney delivered the opinion of the Court.
(Justice Gaultney sitting by commission pursuant to Section 22.005 of the Texas Government Code)
(Justice O'Neill not sitting)

Nueces County v. San Patricio County, No. 07-0166, 246 SW3d 651 (Tex. Jan. 25, 2008)(per curiam)
(governmental immunity, county vs county dispute over wrongfully collected property taxes)
NUECES COUNTY v. SAN PATRICIO COUNTY; from Refugio County; 13th district (13-05-00022 CV, 214 S.W.
3d 536, 12-07-2006)
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 renders judgment.
Per Curiam Opinion

Warwick Towers Council of Co-Owners v. Park Warwick LP, No. 07-0384, 244 SW3d 838 (Tex. Jan 25, 2008)
(per curiam) (insurance law, sufficiency, effectiveness of notice of appeal in insured's name, rather than
insurer's)
WARWICK TOWERS COUNCIL OF CO-OWNERS, BY AND THROUGH ST. PAUL FIRE & MARINE
INSURANCE COMPANY v. PARK WARWICK, L.P., PARK WARWICK INVESTMENTS, L.L.C., AND PARK
HOTEL INVESTMENTS, L.L.C.; from Harris County; 14th district (14-05-00254-CV, 218 S.W.3d 149,
01-11-2007) [Justice Seymore dissented in the court of appeals]
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 Re Torry, No. 08-0057, 244 SW3d 849 (Tex. Jan. 25, 2008)(per curiam) (election mandamus against
Democratic Party chair)
IN RE LARHONDA TORRY; 1st district (01-08-00031 CV, ___ S.W.3d ___, 01-18-2008)
motion for temporary relief dismissed as moot
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

January 11, 2008 Texas Supreme Court Opinions

Paj, Inc. v. The Hanover Ins. Co., No. 05-0849, 243 SW3d 630 (Tex. Jan. 11, 2008)(Opinion by Justice
O'Neill) (insurance law, effect of failure to comply with notice of claim requirements)
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.

Houser v. McElveen, No. 06-0504, 243 SW3d 646 (Tex. Jan. 11, 2008)(per curiam)
(appellate procedure, timeliness of notice of appeal, prisoner suit)
BRUCE WAYNE HOUSER v. KENNETH W. MCELVEEN, ET AL.; from Jackson County; 13th district
(13-05-00426-CV, ___ S.W.3d ___, 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 that court.
Per Curiam Opinion

ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

AIG Aviation v. Holt Helicopters, Inc. No. 06-0484, 248 SW3d 169 (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

Levine v. Shackelford, No. 06-0553, 248 SW3d 166 (Tex. Jan. 11, 2008)(per curiam)
(default judgment, motion to set aside, standard, motion for new trial, Craddock test)
SOL LEVINE, DOROTHEA LEVINE, AND MARDAN ENERGY CORPORATION v. SHACKELFORD, MELTON &
MCKINLEY, L.L.P.; BRAGG, CHUMLEA, MCQUALITY; AND JOSEPH G. CHUMLEA, P.C.; from Dallas County;
5th district (05-05-00374-CV, ___ S.W.3d ___, 04/07/06)

Jan. 4, 2008 - Texas Supreme Court issues first opinion of the year
Addresses procedural issue re: post-judgment motions

In Re Brookshire Grocery Co., No. 05-0300, 250 S.W.3d. 66 (Tex. Jan. 4, 2008)(Opinion by Wallace
Jefferson)(appellat procedure, posttrial motions, procedure, extension of trial court's plenary jurisdiction)
IN RE BROOKSHIRE GROCERY COMPANY; from Wood County; 6th district (06-05-00033-CV, 160 S.W.3d
288, 03/25/05)
The Court denies the petition for writ of mandamus.
Chief Justice Jefferson delivered the opinion of the Court, in which Justice O'Neill, Justice Medina, Justice
Johnson, and Justice Willett joined.
Justice Hecht delivered a dissenting opinion, in which Justice Wainwright, Justice Brister, and Justice Green
joined.
In this mandamus action, the court considers whether a motion for new trial filed within thirty days of
judgment, but after a preceding motion for new trial has been overruled, extends the trial court’s plenary
power under Texas Rule of Civil Procedure 329b, and holds that it does not. Accordingly the court denies
relator Brookshire Grocery Company’s petition for writ of mandamus.

www.h ouston-opinions.com

Recent Texas Supreme Court Decisions
(Tex. 2008)

JUSTICES

Chief Justice Wallace B. Jefferson

Ju stice Nathan L. Hecht

J ustice Scott A. Brister

Justice David Medina

Justice Harriet O'Neill

Justice Dale Wainwright

Justice Paul W. Green

Justice Phil Johnson

Justice Don R. Willett