2008 Opinions by Justice Don Willett Coastal Oil & Gas Corp. v. Garza Energy Trust, No. 05-0466 (Tex. Aug. 29, 2008)(Hecht) (oil and gas, trespass, rule of capture) Justice Willett delivered a concurring opinion. Justice Johnson delivered an opinion concurring in part and dissenting in part, in which Chief Justice Jefferson joined, and in Part I of which Justice Medina joined. Forest Oil Corp v. McAllen, No. 06-0178 (Tex. Aug. 29, 2008)(Willett)(arbitration, commercial contact, fraudulent inducement claim barred by contractual waiver of reliance language) 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. 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. Frymire Engineering Co. v. Jomar International, No. 06-0755 (Tex. June 13, 2008)(Willett)(indemnity, equitable subrogation standing, construction law) 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 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. Justice Willett delivered an opinion concurring in part and dissenting in part in Perry Homes arbitration case. Perry Homes vs. Cull, No. 05-0882 (Tex. May 2, 2008)(Opinion by Scott A. Brister) Justice Willett delivered a concurring opinion. in In Re Bazan, No. 06-0952 (Tex. Mar. 28, 2008) In Re Bazan, No. 06-0952 (Tex. Mar. 28, 2008)(Medina) (mandamus) (removal of local official based on conviction for theft by public servant) 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, in stinging dissent, takes majority of court to task for excessive literalism; criticizes Phil Johnson, author of majority opinion released Jan. 25, 2008, of eviscerating legislative intent in construing landowner's statutory right to arbitrate in annexation dispute with city. City of Rockwall, Texas v. Hughes, No. 05-0126 (Tex. Jan 25, 2008) (Johnson) (annexation, arbitration construction of statutory provision governing arbitration of municipal annexation disputes) THE CITY OF ROCKWALL, TEXAS v. VESTER T. HUGHES, AS SOLE INDEPENDENT EXECUTOR OF THE ESTATE OF W. W. CARUTH, DECEASED; from Rockwall County; 5th district (05-04-01562-CV, 153 S.W.3d 709, 01-20-2005) The Court reverses the court of appeals' judgment and renders judgment. Justice Johnson delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Wainwright, Justice Medina, and Justice Green joined. Justice Willett filed a dissenting opinion, in which Justice Hecht, Justice O'Neill, and Justice Brister joined. Justice Willett finds error in jury charge, and reverses judgment for plaintiff in products liability case involving Ford truck 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, 05/05/05) The Court reverses the court of appeals' judgment and remands the case to the trial court. Justice Willett delivered the opinion of the Court. Justice Willett writes dissenting opinion on motion for rehearing AIG Aviation v. Holt Helicopters, Inc. No. 06-0484 (Tex. Jan. 11, 2008)(Dissenting opinion on reh'g by Justice Willett) (interpretation 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 Justice Willett concurs in separate opinion 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. In Re Pirelli Tire, LLC, No. 04-1129 (Tex. Nov. 2, 2007)(O'Neil)(plurality opinion)(forum non conveniens) 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 Willett writes separately on certified question from the Fifth Circuit 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 Fifth Circuit) 05-0261 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. Justice Willett writes that plant owner is entitled to invoke exclusive remedy defense under Worker's Compensation Act when acting as its own general contractor Entergy Gulf State, Inc. v. Summers (Tex. Aug. 31, 2007)(Willett)(statutory construction, workplace injury, premises owner and exclusive remedy defense under Workers' Compensation Act) 05-0272 ENTERGY GULF STATES, INC. v. JOHN SUMMERS; from Jefferson County; 9th district (09‑04‑00152‑CV, ___ SW3d ___, 12‑30‑04) The Court reverses the court of appeals' judgment and renders judgment. Justice Willett delivered the opinion of the Court. Can the DA be compelled to testify in a malicious prosecution suit? - Trial Court Quashed Subpoenas - Appeals Court Disagreed - Supreme Court Sides with DA and Grants Mandamus In Re Bexar County Criminal DA's Office, No. 05-0613 (Tex. May 4, 2007)(Willett)(mandamus)(witness subpoena, motion for protection, motion to quash, work-production privilege, evidence) 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 Vandevender v. Woods, No. 05-0956 (Tex. Apr. 27, 2007)(Willett)(public employment, benefits) Norris v. Thomas, No. 05-0476 (Tex. Feb. 9 2007)(Justice Willett) [Can a boat qualify for homestead exemption under Texas homestead law?] Norris v. Thomas, No. 05-0476 (Tex. Feb. 9 2007)(dissenting opinion by O'Neill) 2006 Majority Opinions authored by Justice Don Willett Fortis Benefits v. Cantu, No. 05-0791 (Tex. Jun. 29, 2007)(Opinion by Justice Willett)(insurance law, 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. In Re Autonation, Inc., No. 05-0311 (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. Sheshunoff Management Services v. Johnson, No. 03-1050 (Tex. Oct. 22, 2006)(Justice Don R. Willet) [enforceability of covenant not to compete, noncompete agreements, at will employment] Chief Justice Jefferson delivered a concurring opinion in Sheshunoff v. Johnson Justice Wainwright delivered a concurring opinion in Sheshunoff v. Johnson In Re Wilson Construction Co., No. 05-0326 (Tex. June 30, 2006)(Mandamus)(Justice Willet) - consolidated with - American Standard v. Brownsville ISD, No. 05-0327, (Tex. Jun 30, 2006)(consolidated with In Re Wilson Construction Co. No. 05-0326 (Tex. Jun. 30, 2006)(Justice Willet) Cooper Tire & Rubber Co. v. Mendez,No. 04-1039 (Tex. Jun. 16, 2006)(Justice Don R. Willet)(product liability, expert testimony) Willis v. Donelly, No. 04-0409 (Tex. Jun. 2 ,2006)(Justice Don Willet) [corporate vs. individual liability, exposure of shareholders of closely held corporation, breach of contract] Boat Does Not Qualify for Homestead Protection under Texas Homestead Law Norris v. Thomas, No. 05-0476 (Tex. Feb. 9 2007)(Justice Willet) We confront today a question of first impression: whether a boat qualifies as a homestead under article XVI, sections 50 and 51 of the Texas Constitution. Since 1845, our state constitution has protected a homestead from forced sale to satisfy the claims of creditors.[1] Thomas Norris claimed his 68-foot yacht as a homestead to shield it from bankruptcy creditors, prompting the United States Court of Appeals for the Fifth Circuit to certify this question to us: “Does a motorized waterborne vessel, used as a primary residence and otherwise fulfilling all of the requirements of a homestead except attachment to land, qualify for the homestead exemption under Article 16, §§ 50 and 51 of the Texas Constitution?”[2] Under the facts presented in this case, and given the Constitution’s explicit realty-based language, we answer the question, “No.” Conclusion. Unless and until Texas law changes, a boat can be a home, but it cannot be a homestead. Our realty-focused constitution and laws frame a homestead in terms of tracts, parcels, acres, and lots together with any land-based improvements. In order to qualify as a homestead, a residence must rest on the land and have a requisite degree of physical permanency, immobility, and attachment to fixed realty. A dock-based umbilical cord providing water, electricity, and phone service may help make a boat habitable, but the attachment to land is too slight to warrant homestead protection. Accordingly, Norris’s yacht does not qualify as an exempt homestead under article XVI, sections 50 and 51 of the Texas Constitution, and we answer the certified question, “No.” Court Again Addresses Issue of Non-compete Agreement in Employment Context; Modifies Precedent Sheshunoff Management Services v. Johnson, No. 03-1050 (Tex. Oct. 22, 2006)(Justice Don R. Willet) In this case we revisit the Court’s 1994 decision in Light v. Centel Cellular Co.[1] and again consider the enforceability of covenants not to compete in the context of at-will employment. The question today is whether an at-will employee who signs a non-compete covenant is bound by that agreement if, at the time the agreement is made, the employer has no corresponding enforceable obligation. Under Light, the answer to that question was always “no.” Today we modify our holding in Light and hold that an at-will employee’s non-compete covenant becomes enforceable when the employer performs the promises it made in exchange for the covenant. In so holding, we disagree with language in Light stating that the Covenants Not to Compete Act requires the agreement containing the covenant to be enforceable the instant the agreement is made. www.houston-opinions.com |
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