Jul-Dec 2008 Texas Supreme Court Decisions with case details and links to opinions

2008 (Second Half) Texas Supreme Court Opinions, Concurrences, &
Dissents | Also see ---> Tex Jan-Jun 2008 Texas Supreme Court Decisions
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DECISION STATISTICS: Texas Supreme Court Opinion Production and Reversal Rate
PETITION DENIALS:
Petitions for Review denied by Tex as Sup reme C our t. in January 2008 | January 2009 Petition Denials
Petitions for Review denied by Tex as Sup reme C ourt . in February 2008 | February 2009 Denials of PFRs
Petitions for Review denied by Tex as Sup reme C ourt . in March 2008   | March 2009 Petition Denials
Petitions for Review denied by Tex as Sup reme C ourt . in April 2008 | April 2009 Petition Denials
Petitions for Review denied by Tex as Sup reme C ourt . in May 2008
Petitions for Review denied by Tex as Sup reme C our t in June 2008
Petitions for Review denied by Texas Supreme Court in Ju ly 2008
Petitions for Review denied in August 2008
Petitions for Review denied in September 2008
Petitions of Review denied October 2008
Petitions for Review denied November 20 08
Petitions for Reveiw denied December 2009

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Texas Supreme Court Opinions Handed Down Dec. 19, 2008

SWBT v. Mitchell, No. 05-0171 (Tex. Dec. 19, 2008)(Hecht)(workers comp, deadline for carrier to
contest compensability of employee's injury)
SOUTHWESTERN BELL TELEPHONE COMPANY, L.P., D/B/A SBC TEXAS v. WILLIAM C. MITCHELL,
BENEFICIARY OF LOUISE MITCHELL, DECEDENT; from Bexar County; 4th district (04-04-00466-CV,
___ SW3d ___, 01-26-05)
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 Justice Wainwright, Justice Brister, Justice
Johnson, and Justice Willett joined.
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)
DALLAS AREA RAPID TRANSIT v. AMALGAMATED TRANSIT UNION LOCAL NO. 1338; from Dallas
County; 5th district (05-05-00241-CV, 173 SW3d 896, 10-14-05)
The Court reverses the court of appeals' judgment and dismisses the case.
Justice Hecht delivered the opinion of the Court.

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)
UNITED STATES FIDELITY AND GUARANTY COMPANY v. LOUIS GOUDEAU; from Harris County; 1st
district (01-04-01168-CV, 243 SW3d 1, 08-31-06)
The Court reverses in part the court of appeals' judgment and renders judgment.
Justice Brister delivered the opinion of the Court, in which Justice Hecht, Justice O'Neill, Justice
Wainwright, Justice Medina, and Justice Willett joined.
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)
IN THE MATTER OF ROLANDO CABALLERO
The Court affirms the judgment of disbarment.
Justice Green delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice
O'Neill, Justice Wainwright, Justice Brister, and Justice Johnson joined.
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)
CRAIG GARDNER AND THELMA GARDNER v. U.S. IMAGING INC. D/B/A SADI PAIN MANAGEMENT AND
BERNEY KESZLER, M.D.; from Bexar County; 4th district (04-07-00340-CV, ___ SW3d ___, 12-28-07)
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 remands the case to the
trial court.
Per Curiam Opinion

Texas Supreme Court Opinions Released December 5, 2008

In Re Global Santa Fe Corp., No. 07-0040 (Tex. Dec. 5, 2008) (Willett) (mandamus g ranted)
(silica litigation, Jones Act preemption issues)
IN RE GLOBALSANTAFE CORPORATION; from Harris County; 14th district (14-06-00625-CV, ___
SW3d ___, 12-19-06)
The Court conditionally grants the petition for writ of mandamus.
Justice Willett delivered the opinion of the Court.

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)
IN RE GENERAL ELECTRIC COMPANY, ET AL.; from Harris County; 1st district (01-06-01105-CV, ___
SW3d ___, 03-02-07)
stay order issued March 20, 2007, lifted
The Court conditionally grants the petition for writ of mandamus.
Justice Johnson delivered the opinion of the Court.
(Justice O'Neill not sitting)

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)
TEXAS DEPARTMENT OF TRANSPORTATION v. JIMMY DON YORK, INDIVIDUALLY AND ON BEHALF
OF THE ESTATE OF REBECCA YORK, DECEASED AND JAMES R. BODIFORD, JR., INDIVIDUALLY
AND ON BEHALF OF THE ESTATE OF REBECCA YORK, TONYA BODIFORD, AND SHIRLEY FOWLER;
from Robertson County; 10th district (10-06-00210-CV, 234 SW3d 212, 08-08-07)
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 the
trial court.
Per Curiam Opinion

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) AUTOZONE, INC. v. SALVADOR REYES; from Cameron County; 13th district (13-03-00338-
CV, ___ SW3d ___, 12-29-06)
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

November 21, 2008 Texas Supreme Court Opinions

Wagner & Brown, Ltd. v. Sheppard, No. 06-0845 (Tex. Nov. 21, 2008) Brister)(oil and gas lease)
WAGNER & BROWN, LTD. ET AL. v. JANE TURNER SHEPPARD, INDIVIDUALLY AND AS INDEPENDENT
EXECUTRIX OF THE ESTATE OF SYBIL TURNER, DECEASED; from Upshur County; 6th district
(06-05-00023-CV, 198 SW3d 369, 07-14-06)
The Court reverses the court of appeals' judgment, renders judgment in part, and remands the case to
the trial court.
Justice Brister delivered the opinion of the Court.
(Justice Willett not sitting)

Sonat Exploration Co. v. Cudd Pressure Control, Inc. No. 06-0979 (Tex. Nov. 21, 2008) (Brister)
(choice of law)
SONAT EXPLORATION COMPANY v. CUDD PRESSURE CONTROL, INC.; from Harrison County; 6th
district (06-03-00077-CV, 202 SW3d 901, 09-26-06) 2 petitions
The Court affirms the court of appeals' judgment.
Justice Brister delivered the opinion of the Court.

November 14, 2008 Texas Supreme Court Opinions

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

Kerlin v. Soto Arias, No. 06-0097 (Tex. Nov. 14, 2008)(challenge to deed,
sufficiency of affidavit, lack personal knowledge, hearsay, foreign language translation)
GILBERT KERLIN, INDIVIDUALLY, GILBERT KERLIN, TRUSTEE, WINDWARD OIL & GAS CORP., AND PI
CORP v. GLORIA SOTO ARIAS, ET AL.; from Cameron County; 13th district (13‑03‑00364‑CV, ___
SW3d ___, 01‑05‑06)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without
hearing oral argument, the Court reverses the court of appeals' judgment and renders judgment.
Per Curiam Opinion

Perry v. Cohen, No. 07-0301 (Tex. Nov. 14, 2008)(special exceptions dismissal)
EMORY B. PERRY, ET AL. v. DARRYL R. COHEN, ET AL.; from Travis County; 3rd district
(03-05-00786-CV, ___ SW3d ___, 01-05-07) as amended
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without
hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that
court.
Per Curiam Opinion

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

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

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

In Re Next Financial Groups, Inc., No. 08-0192 (Tex. Nov. 14, 2008)(arbitration, employment dispute
arbitration securities broker's Sabine Pilot claim for wrongful termination)
IN RE NEXT FINANCIAL GROUP, INC.; from Harris County; 14th district (14-08-00005-CV, ___ SW3d
___, 03-06-08) stay order issued March 28, 2008, lifted
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court
conditionally grants the petition for writ of mandamus.
Per Curiam Opinion

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

Digiuseppe v. Lawler, No. 04-0641(Tex. Oct. 17, 2008)(specific performance)
NICK DIGIUSEPPE D/B/A SOUTHBROOK DEVELOPMENT CO. AND FRISCO MASTER PLAN v. ROGER
LAWLER; from Collin County; 5th district (05-03-00468-CV, ___ SW3d ___, 06-03-04)
The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to
the trial court.
Justice Alan Waldrop delivered the opinion of the Court, in which Justice Hecht, Justice Wainwright,
Justice Brister, and Justice Willett joined.
Justice Green delivered a dissenting opinion, in which Chief Justice Jefferson, Justice O'Neill, and Justice
Johnson joined.
(Justice Waldrop sitting by commission pursuant to Section 22.005 of the Texas Government Code)
(Justice Medina not sitting)

October 10, 2008 Opinion

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

September 26, 2008 Texas Supreme Court Opinions

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

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

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

Martinez-Partido v. Methodist Specialty and Transplant Hospital, No. 06-0611(Tex. Sep. 26, 2008)(per
curiam) (HCLC, Plaintiff entitled to remand for opportunity to fix expert report found deficient on appeal)
MAURICIO MARTINEZ-PARTIDO v. METHODIST SPECIALTY AND TRANSPLANT HOSPITAL;
METHODIST HEALTHCARE SYSTEM OF SAN ANTONIO, LTD., L.L.P. D/B/A METHODIST SPECIALTY
AND TRANSPLANT HOSPITAL; JANE OR JOHN DOE(S), HOSPITAL EMPLOYEE(S); AND JANE OR
JOHN DOE(S), HOSPITAL NURSE(S); from Bexar County; 4th district (04-05-00868-CV, ___ SW3d ___,
06-14-06)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without
hearing oral argument, the Court vacates the court of appeals' judgment and remands the case to the
trial court.
Per Curiam Opinion

Adams v. YMCA of San Antonio, No. 07-0221(Tex. Sep. 26, 2008)(per curiam)
(jury's award of future mental anguish damages in child sexual abuse case supported by the evidence)
JOHN A. ADAMS AND JANE A. ADAMS, INDIVIDUALLY, AND AS NEXT FRIENDS OF A.A., A MINOR v.
YMCA OF SAN ANTONIO, D/B/A YMCA OF SAN ANTONIO AND HILL COUNTRY; from Bexar County; 4th
district (04-04-00931-CV, 220 SW3d 1, 07-12-06)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without
hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that
court.
Per Curiam Opinion

David J. Sacks, PC v. McIntre Haden, No. 07-0472 (Tex. Sep. 26, 2008)(substituted per curiam opinion
on motion for rehearing)(parole evidence rule bars evidence of oral agreement to cap attorney fees)
DAVID J. SACKS, P.C. D/B/A SACKS & ASSOCIATES v. CHARLES MCINTYRE HADEN, JR.,
INDIVIDUALLY, AND CHARLES MCINTYRE HADEN, JR. & COMPANY D/B/A HADEN & COMPANY; from
Harris County; 1st district (01-01-00200-CV, 222 SW3d 580, 03-08-07)
motion for rehearing granted
The Court's opinion and judgment of July 11, 2008 are withdrawn and the opinion and judgment of this
date are substituted.
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without
hearing oral argument, the Court reverses the court of appeals' judgment, renders judgment in part, and
remands the case to the court of appeals.
Per Curiam Opinion

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

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

Columbia Medical Center of Los Colinas v. Hogue, No. 04-0575 (Tex. Aug. 29, 2008)(Wainwright)
(HCLC med-mal gross negligence damages, contributory negligence, trifurcation of trial, interest on
judgment)
COLUMBIA MEDICAL CENTER OF LAS COLINAS, INC. D/B/A LAS COLINAS MEDICAL CENTER v.
ATHENA HOGUE, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF ROBERT HOGUE, JR.,
DECEASED, CHRISTOPHER HOGUE, AND ROBERT HOGUE, III; from Dallas County; 5th district
(05-03-00279-CV, 132 SW3d 671, 04-13-04)
The Court affirms in part and reverses in part the court of appeals' judgment.
Justice Wainwright delivered the opinion of the Court, in which Chief Justice Jefferson, Justice O'Neill,
Justice Brister, Justice Medina, Justice Johnson, and Justice Willett joined, and in Parts II-A, II-C, and II-D
of which Justice Hecht and Justice Green joined.
Justice Brister delivered a concurring opinion, in which Justice Medina joined.
Justice Green delivered an opinion concurring in part and dissenting in part, in which Justice Hecht
joined.

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

State of Texas v. Brown, No. 05-0236 (Tex. Aug. 29, 2008)(Johnson)
(condemnation, fees to landowner reversed))
THE STATE OF TEXAS v. J. GRADY BROWN, JR.; from Denton County; 2nd district
(02-04-00035-CV, 158 SW3d 68, 01-27-05)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without
hearing oral argument, the Court reverses the court of appeals' judgment and renders judgment.
Justice Johnson delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht,
Justice Wainwright, Justice Brister, Justice Medina, Justice Green, and Justice Willett joined.
Justice O'Neill delivered an opinion concurring in part and dissenting in part.

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

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

In Re McAllen Medical Center , No. 05-0892 (Tex. Aug 29, 2008)(Corrected Opinion by Brister)
IN RE MCALLEN MEDICAL CENTER, INC., D/B/A MCALLEN MEDICAL CENTER AND UNIVERSAL
HEALTH SERVICES, INC.; from Hidalgo County; 13th district
(13-05-00441-CV, ___ SW3d ___, 10-05-05)
real parties in interest's motion for oral argument denied
corrected opinion issued

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

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

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

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

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

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

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

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

Don's Building Supply, Inc. v. Onebeacon Ins. Co., No. 07-0639 (Tex. Aug. 29, 2008)(Willett)
(cert. question)(insurance coverage dispute, duty to defend, eight corners rule, belated discovery of
residential construction defect)
DON'S BUILDING SUPPLY, INC. v. ONEBEACON INSURANCE COMPANY, AS ASSIGNEE OF POTOMAC
INSURANCE COMPANY OF ILLINOIS
The Court answers the questions certified by the United States Court of Appeals for the Fifth Circuit.
Justice Willett delivered the opinion of the Court.

In Interest of MN, a Child, No. 07-0698 (Tex. Aug. 29, 2008)(Johnson)
(termination of parental rights, appellate procedure, extension to file statement of points for appeal)
IN THE INTEREST OF M.N., A CHILD; from Taylor County; 11th district
(11-06-00228-CV, 230 SW3d 248, 05-10-07)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without
hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that
court.
Justice Johnson delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht,
Justice O'Neill, Justice Wainwright, Justice Brister, Justice Medina, and Justice Green joined.
Justice Willett delivered a dissenting opinion (would address constitutional issue avoided by majority)

August 29, 2008 Per Curiam Opinions

Unifund CCR Partners v. Weaver, No. 07-0682 (Tex. Aug. 29,2008)(per curiam)
(credit card suit, deemed admissions, improper objections to discovery requests, limitations defense)
UNIFUND CCR PARTNERS v. KENNETH F. WEAVER; from McLennan County; 10th district
(10-06-00207-CV, 231 SW3d 441, 07-11-07)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without
hearing oral argument, the Court reverses the court of appeals' judgment and renders judgment.

Guitar Holding Co., LP v. Hudspeth County Underground Water Conservation District No. 1,
No. 06-0904 (Tex. Aug. 29, 2008)(suppl. opinion on rehearing) (per curiam)
(abandonment of issues on appeal)
GUITAR HOLDING COMPANY, L.P. v. HUDSPETH COUNTY UNDERGROUND WATER CONSERVATION
DISTRICT NO. 1, ET AL.; from Hudspeth County; 8th district
(08-04-00296-CV & 08-05-00115-CV, 209 SW3d 172, 08-31-06)
3 motions for rehearing
judgment issued March 30, 2008, withdrawn
corrected judgment issued
Supplemental Per Curiam Opinion

Brookshire Grocery v. Goss, No. 07-0085 (Tex. Aug. 29, 2008)(per curiam)
(workplace injury, judgment for injured employee reversed, no duty)
BROOKSHIRE GROCERY COMPANY v. BARBARA GOSS; from Wood County; 6th district
(06-05-00036-CV, 208 SW3d 706, 11-20-06)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without
hearing oral argument, the Court reverses the court of appeals' judgment and renders judgment.

In re Kiberu, No. 07-0959 (Tex. Aug. 29, 2008)(per curiam)(presuit discovery mandamus)
IN RE SIMON KIBERU AND HARRIS METHODIST H-E-B HOSPITAL; from Tarrant County; 2nd district
(02-07-00312-CV, 237 SW3d 445, 11-01-07)
stay order issued November 30, 2007, lifted
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court
conditionally grants the petition for writ of mandamus.

Bismar, MD v. Morehead, No. 08-0009 (Tex. Aug. 29, 2008)(per curiam)(Med-Mal, sufficiency of expert
report, doctor entitled to interlocutory appeal of order denying motion to dismiss)
MIKE BISMAR, M.D. v. DOROTHY A. MOREHEAD, VAUGHN R. MOREHEAD AND JAMES P.
MOREHEAD, III, INDIVIDUALLY AND AS HEIRS AT LAW OF GLORIA MOREHEAD, DECEASED; from
Tarrant County; 2nd district
(02-07-00360-CV, ___ SW3d ___, 11-29-07)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without
hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that
court.

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

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

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

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

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

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

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

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

Texas Supreme Court Opinions Released July 11, 2008

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

David J. Sacks, PC v. McIntre Haden, No. 07-0472 (Tex. July 11, 2008)(per curiam)
(attorney's fee collection suit, hourly fee contract enforced as written, parol evidence rule bars testimony
of oral agreement to cap fees)
DAVID J. SACKS, P.C. D/B/A SACKS & ASSOCIATES v. CHARLES MCINTYRE HADEN, JR.,
INDIVIDUALLY, AND CHARLES MCINTYRE HADEN, JR. & COMPANY D/B/A HADEN & COMPANY; from
Harris County; 1st district (01-01-00200-CV, 222 SW3d 580, 03-08-07)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without
hearing oral argument, the Court reverses the court of appeals' judgment and reinstates the trial court's
judgment.

Sacks , PC v. Haden, No. 07-0487 (Tex. July 11, 2008)(per curiam)
(turnover order to enforce judgment in attorney's fees collection case)
DAVID J. SACKS, P.C. D/B/A SACKS & ASSOCIATES v. CHARLES MCINTYRE HADEN, JR.,
INDIVIDUALLY, AND CHARLES MCINTYRE HADEN, JR. & COMPANY D/B/A HADEN & COMPANY; from
Harris County; 1st district (01-03-00025-CV, 222 SW3d 580, 03-08-07)
unopposed motion to consolidate dismissed as moot
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without
hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that
court.

Sells v. Drott, No. 07-0848 (Tex. July 11, 2008)(per curiam)
(default judgment set aside, unauthorized practice of law, pro se self-representation)
LAVERNA SELLS v. EARL DROTT; from Smith County; 12th district (12-07-00020-CV, ___ SW3d ___,
07-18-07)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without
hearing oral argument, the Court reverses the court of appeals' judgment, vacates the trial court
judgment, and remands the case to the trial court.

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

Jul-Dec 2008 TEXAS SUPREME COURT CASES
DECIDED WITH OPINIONS (w/ case details)

JUSTICES

Chief Justice Wallace B. Jefferson

Justice Nathan L. Hecht

Justice Scott A. Brister

Justice David Medina

Justice Harriet O'Neill

Justice Dale Wainwright

Justice Paul W. Green

Justice Phil Johnson

Justice Don R. Willett

LINKS FOR TEX. SUP. CT.
ACTIVITY
Texas Supreme Court Opinions Tex.
2009
Tex 2009 Per Curiam Opinions
Texas Supreme Court Opinions 2008
Tex. Sup. Ct Opinions Jan-June 2008
Tex. Sup. Ct Opinions J ul -Dec. 2008
Tex 2008 Mandamus Opinions
Per Curiam Opinions (Tex. 2008)
Per Curiam Jan-Jun 2008
Texas Supreme Court Orders 2008
Petitions for Review Denied 2008
Petitions Granted in 2008
SUPREME COURT RULINGS
BY LAW SUIT TYPE
PRACTICE AREA
Tex 2009 Insurance Law Decisions
Tex 2008 Opinions by Category (Index)
Tex 2008 Insurance Law Decisions
Tex 2008 Family Law Decisions
Tex 2008 Mandamus Rulings
Medical MalpractIce Decisions
Consumer Law and Class Actions
JUDICIAL POLITICS PAGES
2008 Judicial Election Campaigns
TEXAS OPINION S HOME PAGE
Information compiled by
WOLFGANG HIRCZY DE MINO

TEX.APP. | TEXAS CASE LAW

law-ADR-family-law
law-ADR
law-DJA-declaratory-judgment
law-DSA
law-DWOJ-dismissal-for-want-of-jurisdiction
law-DWOP-dismissal
law-FAA -arbitration-agreement
law-HCLC
law-IIED-intentional-infliction-of-emotional-distress
law-ILA
law-JNOV
law-PI-auto-accidents-negligence
law-Rule-11-TRCP-11
law-SJ-review-on-appeal
law-TTCA
law-UFTA
law-WBA (Whistleblower Act)
law-Wrongful-Death-Act
law-abstract-questions-of-law
law-account stated
law-accrual-of-cause-of-action
law-admissible-inadmissible-evidence
law-admissions
law admission of expert witness testimony
law-adverse-possession
law-affidavit
law-advisory opinion
law-age-discrimination
law-animals
law-annexation
law-arbitration
law-arbitration mandamus
law-arbitration-nonsignatories
law-asbesto s litigation
law-attorney-client-disputes
law-attorney-discipline
law-attorneys-fees
law-bona-fide-purchaser
law-breach-of-contract
law-breach-of-contract-materiality
law-breach-of-fiduciary-duty
law-breach-of-settlement-agreement
law-breach-of-warranty
law-capacity
law-certified questions
law-challenging arbitration
law-child-support
law-choice-of-law
law-citation
law-civil-commitment
law-civil-conspiracy
law-class-actions
law-condemnation
law-condominium law
law-construction
law-consumer-law
law-contempt
law-contract
law contract construction interpretation
law-contract formation
law-contract of adhesion
law covenant not to compete
law-conversion
law-credit-card-debt-suit
law-declaratory-judgment
law-deed
law-deed-restrictions-restrictive-covenants
law-deemed-admissions
law-defamation-credit
law-defamation-libel-slander
law-default-judgment
law-discovery-disputes
law-discovery-presuit
law-discovery-rule
law-divorce-property-division
law-documents-outside-the-record
law-domestication-enforcement-of-foreign-judgment
law-drivers-license-suspension-DUI-DWI
law due process
law-duress-undue-influence
law duty to defend
law-easement
law eight corners rule
law-election-law
law-elements-of-contract
law-employment-at-will
law employment arbitration
law-employment
law equitable subrogation
law-estoppel
law-execution-enforcement-of-judgment
law-exhaustion-of-administrative-remedies
law expert witness testimony admission
law exclusive remedy
law execution enforcement of judgment
law-expunction
law failure to disclose witness evidence
law fair notice pleading
law-family-law-international
law-family-law
law-federal-preemption
law findings of fact (FOF)
law-fire-insurance-liability
law-food-restaurant-hospitality
law-foreclosure
law-forfeiture
law-foreign law
law-forum-selection
law-fracturing-of-claims
law-fraudulent-concealment-tolling
law-fraudulent inducement
law-frivolous appeal sanctions
law-frivolous suit sanctions
law-governmental-entities-local
law-governmental-entities-state-agencies
law-governmental-immunity
law-gross-negligence
law harmful error analysis
law-hearsay-objection
law-home-equity-loans
law-home-owner
law-homestead
law-indemnity-indemnify-indemnification
law-individual-capacity
law-ineffective-assistance-of-counsel
law-informed-consent
law-insurance-business-regulation
law-insurance-coverage-disputes
law-insurance-duty-to-defend-indemnify
law-insurance-life
law-intervention
law judgment must conform with pleadings
law-judicial-admission
law-judicial-notice
law-judicial-notice-of-foreign-law
l aw-jury-error
law-jury-selection
law-juveniles
law-leases
law-lien
law-limitations
law-malpractice-legal
law-malpractice-medical
law-meeting-of-the-minds
law-money-had-and-received
law-mootness-doctrine
law more relief than requested
law-motion-for-continuance
law-motion-for-new-trial
law-motion for rehearing
law-motion-to-reinstate
law-motion-to-show-authority
law multiple contract documents
law-negligence
law-negligent-entrustment
law-nonsuit
law notice of insurance claim
law-nuisance
law-official-capacity
law-official-immunity-defense
law-oil-and-gas-and-minerals
law oral agreements contract
law-parental-rights
law-parol-evidence-rule
law-partition-of-land
law-partnership disputes
law-permanent-injunction
law plea to the jurisdiction - considering evidence
law plea to the jurisdiction denied
law-pleadings-not-evidence
law-plenary-power
law-post-divorce-actions
law-preemption-federal
law prejudment interest
law preservation of error for appeal
law-premises-liability
law-presuit discovery
law-prisoner-death
law-prisoner-suits
law-pro-se-suits
law-probate
law-product-liability
law-promissory-note
law-property-taxes
law-public-employment
law-public-policy grounds
law punitive damages
law-ratification
law-recusal
law reim b ursement claim in divorce property division
law-reinstatement
law-religion
law-rescission
law res ipsa loquitur
law-res-judicata-doctrine
law-residential-construction
law-restricted-appeal
law-retaliation
law-retroactive-application
law-ripeness-doctrine
law-sales-tax
law-sanctions
law-sovereign-immunity
law-special-appearance
law-special exception
law-specific-performance
law spoliation presumption
law-standing-doctrine
law-statutory-construction
law stipulation
law subject matter jurisdiction
law summary judgment standards
law-takings-claim-inverse-condemnation
law-temporary-orders-TRO
law-termination-of-parental-rights
law-test-for-abuse-of-discretion
law-tortious-interference
law-trade-secret
law-trade-secrets
law-turnover-order
law-unauthorized-practice-of-law-UPLC
law-unconscionable contract
law-unfair-competition
law-unjust-enrichment
law-unliquidated-damages
law usury
law-venue
law-vex-lit
law-void contract void order
law-voluntary-underemployment
law-waiver
law-water
law-workers-comp
law-workplace-injury
plenary-power