JANUARY-JUNE 2009 | Cases Decided by the Texas Supreme Court (Tex. 2009)

2009 TEXAS SUPREME COURT CASES
DECIDED WITH OPINIONS

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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

TEXAS APPELLATE CASE LAW LINKS
(Texas Supreme Court Decisions and
Appeals court cases in which Petition for
Review was denied)

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plenary-power

2009 Texas Supreme Court Opinions, Concurrences, & Dissents

OPINIONS RELEASED JAN - JUN 2009

June 26, 2009 Opinions with links to Docket Sheets and Menus of links to online briefs

Edwards Aquifer Authority v. Chemical Lime, Ltd., (Tex. 2009)
No. 06-0911 (Tex. Jun. 26, 2009)(Hecht)
EDWARDS AQUIFER AUTHORITY, ET AL. v. CHEMICAL LIME, LTD.; from Comal County; 3rd district
(03 -04 -00379 -CV, 212 SW3d 683, 09-14-06)(op. on 2nd motion for rehearing in the court below)
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Hecht delivered the opinion of the Court, in which Chief Justice Jefferson, Justice O’Neill, Justice
Wainwright, Justice Brister, Justice Medina, Justice Green, Justice Johnson and Justice Willett joined. [pdf
Justice Brister delivered a concurring opinion. [pdf]
Justice Willett delivered a concurring opinion. [pdf]
View Electronic Briefs in Edwards Aquifer Authority v. Chemical Lime, Ltd. (Tex. 2009)

State of Texas and TxDoT v. Lueck, No. 06-1034 (Tex. Jun. 26, 2009)(Green)(whistleblower act)
THE STATE OF TEXAS AND THE TEXAS DEPARTMENT OF TRANSPORTATION v. GEORGE LUECK;
from Travis County; 3rd district (03-05-00510-CV, 212 SW3d 630, 08‑16‑06)
motion to dismiss denied
The Court reverses the court of appeals' judgment and dismisses the case for lack of jurisdiction.
Justice Green delivered the opinion of the Court. [pdf]
View Electronic Briefs in State of Texas and TxDoT v. Lueck (Tex 2009)

Ashley v. Hawkins, No. 07-0572 (Tex. Jun. 26, 2009)(Green)
GAIL ASHLEY v. DORIS D. HAWKINS; from Montgomery County; 9th district (09 -06 -00359 -CV, ___
SW3d ___, [opinion in the Beaumont court of appeals] 06-07-07)
The Court reverses the court of appeals' judgment and reinstates the trial court's judgment.
Justice Green delivered the opinion of the Court. [pdf]
View Electronic Briefs in ASHLEY v. HAWKINS (Tex. 2009)

Smith v. O'Donnell, No. 07-0697 (Tex. Jun. 26, 2009)(O'Neill)
PAUL H. SMITH, ET AL. v. THOMAS O'DONNELL, EXECUTOR OF THE ESTATE OF CORWIN DENNEY;
from Bexar County; 4th district (04 -04 -00108 -CV, 234 SW3d 135, 07-25-07) 2 petitions
The Court affirms the court of appeals' judgment.
Justice O'Neill delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Brister, Justice
Medina, and Justice Johnson joined. [pdf]
Justice Willett delivered a dissenting opinion, in which Justice Wainwright joined. [pdf]
(Justice Hecht and Justice Green not sitting)
View Electronic Briefs in Smith v. O'Donnell (Tex. 2009)

Holmes v. Beatty, No. 07-0784 (Tex. Jun. 26, 2009)(Jefferson)
HARRY HOLMES, II, INDEPENDENT EXECUTOR OF THE ESTATE OF THOMAS J. HOLMES, SR.,
DECEASED AND AS TRUSTEE OF ANY TRUST NAMED AS A LEGATEE IN THE WILL OF THOMAS J.
HOLMES, SR., DECEASED v. DOUGLAS G. BEATTY, INDEPENDENT EXECUTOR OF THE ESTATE OF
KATHRYN V. HOLMES, DECEASED; from Harris County; 14th district (14 -03 -0066 3-CV, 233 SW3d 475,
08-14-07) | Electronic briefs in Holmes v. Beatty No. 07-0784 (Tex. 2009)

consolidated with

Holmes v. Beatty (htm), No. 07-0785 (Tex. Jun. 26, 2009)(Jefferson)
HARRY HOLMES, II, INDEPENDENT EXECUTOR OF THE ESTATE OF THOMAS J. HOLMES, SR.,
DECEASED AND AS TRUSTEE OF ANY TRUST NAMED AS A LEGATEE IN THE WILL OF THOMAS J.
HOLMES, SR., DECEASED v. DOUGLAS G. BEATTY, INDEPENDENT EXECUTOR OF THE ESTATE OF
KATHRYN V. HOLMES, DECEASED; from Harris County; 14th district (14 -05 -00474 -CV, 233 SW3d 494,
08-14-07)
2 petitions
The Court reverses and renders in part and affirms in part the court of appeals' judgment.
Chief Justice Jefferson delivered the opinion of the Court. [pdf]
View Electronic Briefs for 07-0785

Galbraith Engineering Consultants, Inc. v. Pochucha, No. 07-1051 (Tex. Jun. 26, 2009)(Medina)
GALBRAITH ENGINEERING CONSULTANTS, INC. v. SAM POCHUCHA AND JEAN POCHUCHA; from
Bexar County; 4th district (04 -07 -00119 -CV, 243 SW3d 138, 09-12-07)
motion for leave to file response to post submission brief
granted
The Court reverses the court of appeals' judgment and renders judgment.
Justice Medina delivered the opinion of the Court. [pdf]
View Electronic Briefs in GILBRAITH ENGINEERING CONSULTANTS, INC. v. POCHUCHA (Tex. 2009)

State of Texas v. Central Expressway Sign Ass'n. No. 08-0061 (Tex. Jun. 26, 2009)(O'Neill)
THE STATE OF TEXAS v. CENTRAL EXPRESSWAY SIGN ASSOCIATES, ET AL.; from Dallas County;
5th district (05 -06 -00003 -CV, 238 SW3d 800, 08-31-07)
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. [pdf]
View E -Briefs in THE STATE OF TEXAS v. CENTRAL EXPRESSWAY SIGN ASSOCIATES (Tex. 2009)

In Re Macy's Texas, Inc., No. 08-0584 (Tex. Jun. 26, 2009)(per curiam)
IN RE MACY'S TEXAS, INC.; from Bexar County; 4th district (04 -08 -00469 -CV, ___ SW3d ___, [per
curiam opinion of the San Antonio Court of Appeals denying mandamus relief] 07 -23 -08)
stay order issued October 10, 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 [pdf]
View Electronic Briefs in IN RE MACY'S TEXAS, INC. (Tex. 2009)

In the Matter of Allison, No. 08-0705 (Tex. Jun. 26, 2009)
IN THE MATTER OF BOMA O. ALLISON
The Court affirms the Board of Disciplinary Appeals' judgment.
Chief Justice Jefferson delivered the opinion of the Court. [pdf]
View Electronic Briefs in ALLISON v. COMMISSION FOR LAWYER DISCIPLINE (Tex. 2009)

June 19, 2009 Opinions incl.

& Opinion on Motion for Clarification of Judgment

– Weekly Orders –

RELIGIOUS FREEDOM RESTORATION ACT GIVEN TEETH IN NIMBY DISPUTE
Barr v. City of Sinton, No. 06-0074 (Tex. Jun. 19, 2009)(Hecht) (Texas Religious Freedom Restoration Act
(TRFRA) enforced in local NIMBY dispute over halfway house for former prisoners run by pastor)
PASTOR RICK BARR AND PHILEMON HOMES, INC. v. CITY OF SINTON; from San Patricio County; 13th
district (13-03-00727-CV, ___ SW3d ___, 11-23-05)
motion to take judicial notice granted
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Hecht delivered the opinion of the Court.

ANOTHER NO-DUTY ABSOLUTION - THIS TIME FOR EMPLOYER WHO HAD WORKERS PUT IN 12
HOURS, ONE OF WHOM CAUSED DEADLY WRECK AFTER HE GOT OFF WORK.
Nabors Drilling, USA, Inc. v. Escoto, No. 06-0890 (Tex. Jun. 19, 2009)(Green)(employer found to have
not duty / liability for car wreck caused by fatigued employee after 12-hour shift)
NABORS DRILLING, U.S.A., INC. v. FRANCISCA ESCOTO, ET AL.; from Willacy County; 13th district
(13-02-00171-CV, 200 SW3d 716, 06-08-06)
The Court reverses the court of appeals' judgment and reinstates the trial court's judgment.
Justice Green delivered the opinion of the Court.

POLICE OFFICER GETS SECOND CHANCE TO PICK GRIEVANCE PROCESS OF HIS CHOICE
City of Desoto, Tx v. White, No. 07-1031(Tex. Jun. 19, 2009)(Green)
(public employment, police officers, disciplinary process, election of grievance remedies, city's failure to
give pre-appeal notice not jurisdictional)
CITY OF DESOTO, TEXAS v. JUSTIN WHITE; from Dallas County; 5th district
(05-06-01469-CV, 232 SW3d 379, 08-28-07)
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Green delivered the opinion of the Court.

THE POST-JUDGMENT MOTION IN A PREVIOUSLY DECIDED CAUSE WAS DENIED:

RARE CASE IN WHICH SUPREME COURT UPHELD PUNITIVE DAMAGES FOR MED-MAL GARNERS
THIRD OPINION - PARTIES HAD A DISPUTE ABOUT HOW TO READ THE MANDATE
Columbia Medical Center of Law Colinas, Inc. v. Hogue, No. 04-0575 (Tex. Jun 17, 2009)(Wainwright)
(dissenting from majority's denial of petitioner's motion for clarification of the mandate)
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)
petitioner's motion to clarify mandate denied
Justice Wainwright delivered an opinion, in which Justice Hecht and Justice Brister joined, dissenting to
the denial.

June 12, 2009

– Weekly Orders –

JUVENILE NOT ENTITLED TO FREE LAWYER FOR HABEAS PETITION ONCE HE TURNED AN ADULT
(ALTHOUGH SERVING SENTENCE ("Detention") IMPOSED AS JUVENILE UNDER JUVENILE
JUSTICE CODE)
In re Hall, No. 07-0322 (Tex, Jun. 12, 2009) (Medina)(juvenile justice, habeas corpus, access to justice,
free appointed counsel, statutory construction)
IN RE JAMES ALLEN HALL; from Bexar County; 4th district (04-07-00050-CV, ___ SW3d ___, 02-14-07)
The petition for writ of mandamus is denied.
Justice Medina delivered the opinion of the Court.

SUPREMES GRANT FORUM SELECTION MANDAMUS
In re International Profit Associates, Inc. No. 08-0531 (Tex. Jun. 12, 2009)(per curiam) (mandamus to
enforce forum selection clause choice of law clause granted)(who has evidentiary burden in dispute over
forum selection clause, where dispute should be litigated?)
IN RE INTERNATIONAL PROFIT ASSOCIATES, INC., INTEGRATED BUSINESS ANALYSIS, INC.,
ACCOUNTANCY ASSOCIATES, LLC., INTERNATIONAL TAX ADVISORS, INC., AND HUEY MITCHELL,
JR.; from Dallas County; 5th district (05-08-00809-CV, ___ SW3d ___, 06-30-08)
stay order issued March 11, 2009, 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

June 5, 2009 Orders

– Weekly Batch of Opinions –

JURY INSTRUCTION ERROR FOUND RE: LOST CHANCE OF SURVIVAL DOCTRINE AND DOC AS
INDEPENDENT CONTRACTOR
Columbia Rio Grande Healthcare, LP v. Hawley, No. 06-0372 (Tex. Jun. 5, 2009)(Johnson)(HCLC,
negligent failure to take action based on cancer diagnosis)(judgment on jury verdict in med-mal suit
against hospital reversed)(jury instruction error as grounds for reversal and new trial, lost chance of
survival instructions, physician as independent contractor rather than hospital's agent)(trial court found
to have erred in refusing jury instructions; retrial ordered on remand)
COLUMBIA RIO GRANDE HEALTHCARE, L.P. D/B/A RIO GRANDE REGIONAL HOSPITAL v. ALICE H.
HAWLEY AND JAMES A. HAWLEY; from Hidalgo County; 13th district (13-03-00427-CV, 188 SW3d 838,
03-23-06)
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Johnson delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht,
Justice Wainwright, Justice Brister, Justice Green, and Justice Willett joined, and in all but Part II-D 2 of
which Justice O'Neill and Justice Medina joined.

DISCOVERY MANDAMUS GRANTED TO VACATE PROTECTIVE ORDER IN MED-MAL SUIT
In re Lester Collins, MD, No. 07-0737 (Tex. Jun. 5, 2009)(O'Neill)
(court grants discovery mandamus brought by doctor; protective order lifted covering ex parte contacts
with witnesses)(medical health care information privacy, patient's release as condition of bringing med-
mal suit, no HIPAA preemption)
IN RE LESTER COLLINS, M.D.; from Smith County; 12th district
(12-06-00078-CV, 224 SW3d 798, 05-14-07)
The Court conditionally grants the petition for writ of mandamus.
Justice O'Neill delivered the opinion of the Court.

NO DUE PROCESS VIOLATION FOUND IN GARNISHMENT OF INMATE TRUST ACCOUNT TO PAY
COURT COSTS
Harrell v. State of Texas, No. 07-0806 (Tex. Jun. 5, 2009) (Willett)
(whether order to prison officials to withdraw money from inmate trust account to pay court costs in
underlying criminal case is a civil or a criminal matter, what due process prisoner is entitled to).
WALTER E. HARRELL v. THE STATE OF TEXAS; from Terry County; 7th district
(07-06-00469-CR&07-06-00470-CR, ___ SW3d ___, 08-13-07)
The Court reverses the court of appeals' judgment dismissing the case for want of jurisdiction and
renders judgment affirming the trial court's order.
Justice Willett delivered the opinion of the Court.

SUIT TO REMOVE TRUSTEE NOT GOVERNED BY ANY STATUTE OF LIMITATIONS
Ditta v. Conte, No. 07-1026 (Tex. Jun. 5, 2009) (Willett) (in action for removal of trustee, statute of
limitations does not apply; trustee may be removed for cause at any time, based on complaint of acts or
omissions that would otherwise be time-barred, but suit for breach of fiduciary duty seeking money
damages is subject to four-year SoL)
LOUIS M. DITTA, GUARDIAN OF THE ESTATE OF DORIS L. CONTE, AN INCAPACITATED PERSON v.
SUSAN C. CONTE AND JOSEPH P. CONTE, JR.; from Harris County; 1st district (01-05-00603-CV, ___
SW3d ___, 08-31-07)
motion to strike petitioner's appendix to brief on the merits dismissed as moot
The Court reverses the court of appeals' judgment and remands the case to that court.
Justice Willett delivered the opinion of the Court.

SUPREME COURT DISAGREES WITH COURT OF APPEALS - NO PRODUCT LIABILITY
Timpte Industries, Inc. v. Gish, No. 08-0043 (Jun. 5, 2009) (Medina)
(product liability, supreme court finds no defect in design of trailer from which worker fell and suffered
major injuries)
TIMPTE INDUSTRIES, INC. AND TIMPTE INC. v. ROBERT GISH AND PINNACOL ASSURANCE; from Hale
County; 7th district (07-06-00215-CV, ___ SW3d ___, 11-30-07) The Court reverses the court of
appeals' judgment and renders judgment.
Justice Medina delivered the opinion of the Court.

SUFFICIENCY OF SERVICE OF AMENDED PETITION SEEKING MORE ONEROUS RELIEF BY
CERTIFIED MAIL ON DEFENDANT WHO WAS PREVIOUSLY SERVED WITH CITATION, BUT DID NOT
ANSWER.
In the Interest of EA, No. 08-0157 (Tex. Jun. 5, 2009)(Jefferson)
(method of service of amended petition, sufficiency of service by certified mail under rule 21a when
Defendant has been served with civil process, but has not filed an answer or made appearance)(SAPCR
modification proceeding brought within one year of final order in underlying child custody suit).
IN THE INTEREST OF E.A. AND D.A., CHILDREN; from Wichita County; 2nd district (02-07-00215-CV,
___ SW3d ___, 12-06-07)
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.
Chief Justice Jefferson delivered the opinion of the Court, in which Justice Hecht, Justice O'Neill, Justice
Medina, Justice Green, and Justice Johnson joined.
Justice Scott A. Brister delivered a concurring opinion, in which Justice Wainwright and Justice Willett
joined. (default judgment not to be based on amended petition seeking more onerous relief against non-
answering defendant if not served with new citation)

Orders Pronounced May 22, 2009

ORDERS ON CAUSES

MANDAMUS ENDS SHAREHOLDER DERIVATIVE SUIT
In Re Schmitz, No. 07-0581 (Tex. May 22, 2009)(Brister)
(shareholder derivative suit, sufficiency of pre-suit demand letter, cr iteria for mandamus relief, proper
respondent in proceeding for mandamus relief, abatement)
IN RE HAROLD R. SCHMITZ, ET AL.; from Bexar County; 4th district (04-07-00359-CV, ___ SW3d ___,
07-11-07)
The Court conditionally grants the petition for writ of mandamus.
Justice Brister delivered the opinion of the Court.
(Chief Justice Jefferson not sitting)

JURY VERDICT FOR ACCIDENT VICTIM UNDER TEXAS TORT CLAIMS ACT THROWN OUT
TxDoT v. York, No. 07-0743 (Tex. May 22, 2009)(per curiam)
(TTCA, loose gravel on road not a special defect under Texas Tort Claims Act)
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)
motion for rehearing granted
The Court's opinion and judgment of December 5, 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 and dismisses the case.
Per Curiam Opinion
Justice O'Neill notes her dissent to granting the motion for rehearing

LOOSE GRAVEL NOT A SPECIAL DEFECT
TxDoT v. Gutierrez, No. 07-1013 (Tex. 2009)(per curiam)
(TTCA, loose gravel not a special defect for immunity waiver purposes under Tort Claims Act )
TEXAS DEPARTMENT OF TRANSPORTATION v. STEPHANIE GUTIERREZ AND RONNIE GUTIERREZ;
from Jim Wells County; 4th district 04-06-00583-CV, 243 SW3d 127, 09-05-07)
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 dismisses the case.
Per Curiam Opinion

COUNTY HELD IMMUNE FROM LIABILITY IN INMATE'S DEATH WITH PHONE CORD
Dallas County v. Posey, No. 08-0094 (Tex. 2009)(per curiam)
(TTCA, prisoner suicide with telephone cord in holding cell, no liability on account of immunity)
DALLAS COUNTY v. KIM POSEY, ET AL.; from Dallas County; 5th district (05-06-01373-CV, 239 SW3d
336, 08-28-07
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 dismisses the case.
Per Curiam Opinion

May 15, 2009

JUDICIAL TORT REFORM | DEFENDANT'S MOTION FOR SANCTIONS AFTER NONSUIT STILL
VIABLE | SUPREME COURT REMANDS NON-SUITED MALPRACTICE CASE TO TRIAL COURT FOR
SANCTIONS AGAINST PLAINTIFF
Crites, MD v. Collins, No. 07-0315 (Tex. May 1, 2009)(per curiam)(medical malpractice, failure to file
expert report) (defendant's counterclaim for sanctions in the form of attorney's fees may proceed
following med-mal plaintiff's nonsuit)(finality of judgment, nonsuit order, timeliness of notice of appeal,
deadline for filing notice of appeal)
FRANCES B. CRITES, M.D. v. LINDA COLLINS AND WILLIE COLLINS; from Dallas County; 5th district
(05-06-00453-CV, ___ SW3d ___, 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 remands the case to that
court.
Per Curiam Opinion.

TEXAS SUPREME COURT AGAIN FAVORS STATE IN CONDEMNATION APPEAL
State of Texas v. Bristol Hotel Asset Co., No. 07-0896 (Tex. May 15, 2009)(per curiam)
(condemnation, uncompensable losses, temporary damages, lost revenue testimony should not have
been admitted)
THE STATE OF TEXAS v. BRISTOL HOTEL ASSET CO.; from Bexar County; 4th district (04-06-00150-
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 and remands the case to the
trial court.
Per Curiam Opinion.

CONFLICT OF INTEREST NOT GROUNDS FOR REMOVING INDEPENDENT EXECUTOR OF ESTATE
Kappus v. Kappus, No. 08-0136 (Tex. May 1, 2009)(Willett) (probate case, mere conflict of interest not
enough to warrant removal of independent executor of estate)
JOHN KAPPUS v. SANDRA L. KAPPUS; from Anderson County; 12th district (12-06-00233-CV, 242
SW3d 182, 11-30-07)
The Court reverses the court of appeals' judgment and renders judgment.
Justice Willett delivered the opinion of the Court

May 1, 2009

POISON GAS CLAIM INACTIONABLE AS PUBLIC NUISANCE
City of San Antonio v. Pollock, No. 04-1118 (Tex. May 1, 2009)(Hecht)
(toxic tort, no municipal liability for public nuisance, poison gas leak underground seepage, causal
connection, knowledge of consequences)
CITY OF SAN ANTONIO v. CHARLES POLLOCK AND TRACY POLLOCK, INDIVIDUALLY AND AS NEXT
FRIENDS OF SARAH JANE POLLOCK, A MINOR CHILD; from Bexar County; 4th district (04-03-00403-
CV, 155 SW3d 322, 08-18-04)
The Court reverses the court of appeals' judgment and renders judgment.
Justice Hecht delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Wainwright,
Justice Johnson, and Justice Willett joined, and in all but Part II-C of which Justice Brister joined.
Justice Medina delivered a dissenting opinion, in which Justice O'Neill joined.
(Justice Green not sitting)

SUB-GOVERNMENTAL QUASI-SOVEREIGN IMMUNITY
Harris County Hospital District v. Tomball Regional Hospital, No. 05-0986 (Tex. May 1, 2009)(Johnson)
(sovereign immunity of hospital district, Tooke v. City of Mexia progeny, sue and be sued language)
HARRIS COUNTY HOSPITAL DISTRICT v. TOMBALL REGIONAL HOSPITAL; from Harris County; 14th
district (14-04-00263-CV, 178 SW3d 244, 07-28-05)
The Court reverses the court of appeals' judgment and dismisses the case.
Justice Johnson delivered the opinion of the Court, in which Justice Hecht, Justice Wainwright, Justice
Medina, and Justice Green joined.
Chief Justice Jefferson delivered a dissenting opinion, in which Justice O'Neill, Justice Brister, and Justice
Willett joined. (plaintiff should be permitted to pursue equitable relief for constitutional violation)
View Electronic Briefs

GOVERNMENTAL IMMUNITY | PROPER DEFENDANT | AVAILABLE AND UNAVAILABLE FORM OF
RELIEF | PROSPECTIVE VS. RETROSPECTIVE | MONEY DAMAGES VS. EQUITABLE RELIEF |
INDIVIDUAL VS. OFFICIAL CAPACITY SUIT | When is claim for relief not barred?
City of El Paso v. Heinrich, No. 06-0778 (Tex. May 1, 2009)(Jefferson)
(governmental immunity, ultra vires claim)(retrospective monetary relief barred; prospective relief against
official capacity defendant not barred by immunity, no individual-capacity claims, ergo official immunity
inapplicable)
THE CITY OF EL PASO, ET AL. v. LILLI M. HEINRICH; from El Paso County; 8th district (08-05-00203-
CV, 198 SW3d 400, 07-20-06)
The Court affirms in part and 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.

DIVORCE LAW: DIVISION OF RETIREMENT / DISABILITY BENEFITS | RES JUDICATA
Hagen v. Hagen, No. 07-1065 (Tex. May 1 2009)(Johnson)
(family law, divorce decree, postjudgment clarification order, retirement disability benefits division, res
judicata, claim preclusion, collateral attack not permitted, divorce decree not void, relitigation barred)
RAOUL HAGEN v. DORIS J. HAGEN; from Bexar County; 4th district (04-06-00705-CV, ___ SW3d ___,
08-01-07)
The Court reverses the court of appeals' judgment and affirms the trial court's judgment.
Justice Johnson delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht,
Justice Wainwright, Justice Green, and Justice Willett joined.
Justice Brister delivered a dissenting opinion, in which Justice O'Neill and Justice Medina joined.

GOVERNMENTAL IMMUNITY | TEXAS TORT CLAIMS ACT | SPECIAL DEFECT
Denton County v. Beynon, No. 08-0016 (Tex. May 1, 2009)(Willett)
(Texas Tort Claims Act TTCA governmental immunity waiver, special defect hazardous road condition s)
(flood gate pole that pointed toward oncoming traffic and impaled car and caused severe injury in
accident does not qualify as special defect to permit suit against county under the TTCA)
DENTON COUNTY, TEXAS v. DIANNE BEYNON AND ROGER BEYNON, INDIVIDUALLY, ET AL.; from
Denton County; 2nd district (02-07-00066-CV, 242 SW3d 169, 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 dismisses the case.
Justice Willett delivered the opinion of the Court, in which Justice Hecht, Justice Wainwright, Justice
Brister, Justice Green, and Justice Johnson joined.
Justice O'Neill delivered a dissenting opinion, in which Chief Justice Jefferson and Justice Medina joined.
(would hold that flood gate pole on side of road that pointed toward oncoming traffic and impaled
swerving driver's car and injured passenger was special defect under TTCA)

CONSTITUTIONALITY OF SPECIAL REQUIREMENTS IN PARENTAL RIGHTS TERMINATION APPEAL
In Interest of JOA, No. 08-0379 (Tex. May 1, 2009)(Medina)(termination of parental rights appeal,
constitutionality of statement of points requirement for appeal)
IN THE INTEREST OF J.O.A., T.J.A.M., T.J.M., AND C.T.M., CHILDREN; from Collingsworth County; 7th
district (07-07-00042-CV, 262 SW3d 7, 02-25-08)
The Court modifies the court of appeals' judgment, affirms the judgment as modified, and remands the
case to the trial court.
Justice Medina delivered the opinion of the Court.
Justice Willett delivered a concurring opinion.

STATUTORY CONSTRUCTION | What qualifies as a copy? Photocopy vs. Copy made by hand
Garrett v. Borden, No. 08-0506 (Tex. May 1, 2009)(per curiam)(statutory construction; what constitutes a
copy required by the applicable prison inmate litigation statute?)
MICHAEL LOU GARRETT v. JACK M. BORDEN, ET AL.; from Potter County; 7th district (07-07-00163-
CV, ___ SW3d ___, 05-29-08)
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.

THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF
MANDAMUS WAS DENIED MAY 1, 2009:

In Re Watkins, MD, No. 06-0653 (Tex. 2009)(Substituted concurrence by Johnson)(HCLC failure to
comply with expert report requirement in health care liability suit, proper appellate remedy)
IN RE MARY LOUISE WATKINS, M.D.; from Cameron County; 13th district (13-05-00765-CV & 13-06-
00080-CV, 192 SW3d 672, 05-04-06)
The concurring opinion by Justice Johnson issued January 23, 2009 is withdrawn and the concurring
opinion issued this date is substituted. The remaining opinions, issued January 23, 2009, remain in place.

April 17, 2009

In Re Gulf Exploration , LLC, No 07-0055 (Tex. Apr. 17, 2009)(arbitration mandamus, instant mandamus
review and relief against order compelling arbitration -- as opposed to order denying arbitration -- not
available in this case; appeal after final judgment held adequate remedy)
IN RE GULF EXPLORATION, LLC, ET AL.; from Midland County; 11th district (11-06-00244-CV, 211
SW3d 828, 11-30-06)
The Court conditionally grants the petition for writ of mandamus.
Justice Scott Brister delivered the opinion of the Court.

Mann Frankfort Stein & Lipp Advisors v. Fielding, No. 07-0490 (Tex. Apr. 17, 2009)(Johnson)
(enforceability of covenant not to compete, at will employment, confidentiality)
MANN FRANKFORT STEIN & LIPP ADVISORS, INC., MFSL GP, L.L.C., AND MFSL EMPLOYEE
INVESTMENTS, LTD. v. BRENDAN J. FIELDING; from Harris County; 1st district (01-05-01080-CV, 263
SW3d 232, 05-03-07)
The Court reverses the court of appeals' judgment and renders judgment.
Justice Phil Johnson delivered the opinion of the Court.
Justice Nathan Hecht delivered a concurring opinion

Tanner v. Nationwide Mutual F i re Ins. Co., No. 07-0760 (Tex. Apr. 21, 2009)(Willett)
(insurance coverage dispute, intentional injury exclusion)
GREG TANNER AND MARIBEL TANNER, INDIVIDUALLY AND AS NEXT FRIENDS OF K.T. AND R.T.,
MINOR CHILDREN v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY; from Caldwell County; 11th
district (11-05-00371-CV, 232 SW3d 330, 08-09-07)
The Court reverses the court of appeals' judgment and renders judgment.
Justice Don R. Willett delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht,
Justice O'Neill, Justice Wainwright, Justice Medina, Justice Green, and Justice Johnson joined.
Justice Brister delivered a dissenting opinion

Fort Brown Villas I I I Cond o Ass'n. v. Gillenwater, No. 07-1028 (Tex. Apr. 17, 2009)(premises liability suit,
exclusion of evidence not produced in discovery, witness exclusion, undesignated witness, mandatory
exclusion of witness at trial vs. exclusion in summary judgment)(untimely disclosed expert witness
excluded from no-evidence summary judgment proceeding)(affidavit of expert witness excluded from
summary judgment response because not timely disclosed under the discovery control plan)
FORT BROWN VILLAS III CONDOMINIUM ASSOCIATION, INC. D/B/A FORT BROWN CONDOSHARES
AND LRI MANAGEMENT, INC. v. COY GILLENWATER; from Cameron County; 13th district (13-06-00478-
CV, ___ SW3d ___, 11-01-07)
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 renders judgment.
Per Curiam Opinion (Justice Johnson not sitting)

April 3, 2009 Opinions

Entergy Gulf States, Inc. v. Summers. No. 05-0272 (Tex. 2009)(Substitute opinion by Justice Paul Green)
(premises owner as general contractor for workers compensation exclusive remedy purposes, industrial
plants, industrial accidents, refinery explosion)
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 Green delivered the opinion of the Court, in which Justice Wainwright and Justice Brister joined,
and in Parts I, II, III, IV, V, VI, VIII and IX of which Justice Hecht joined, and in Parts I, II, III, IV, V, VI, VII, and
IX of which Justice Johnson joined, and in Parts I, II, III, VI, VII, and IX of which Justice Willett joined.
Justice Hecht delivered a concurring opinion of the Court.
Justice Willett delivered a concurring opinion.
Justice O'Neill delivered a dissenting opinion, in which Chief Justice Jefferson and Justice Medina joined.

Hcbeck, Ltd. v. Rice, No. 06-0418 (Tex. 2009)(Green)(worker's compensation, exclusive remedy
defense, extent to which a general contractor must “provide” workers’ compensation insurance under the
Act to qualify for statutory employer status and the resulting immunity from the work-related claims of a
subcontractor’s employees)
HCBECK, LTD. v. CHARLES RICE; from Tarrant County; 2nd district (02-05-00239-CV, ___ SW3d ___,
04-06-06)
The Court reverses the court of appeals' judgment and renders judgment.
Justice Green delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice
Wainwright, and Justice Brister joined, and in Parts I, II, III, IV, V, and VII of which Justice Willett joined.
Justice Johnson delivered a dissenting opinion, in which Justice Medina joined.
(Justice O'Neill not sitting)

Ford Motor Co. v. Castillo, No. 06-0875 (Tex. 2009)(Phil J ohnson)
(defendant entitled to opportunity to conduct discovery on affirmative defenses to breach of settlement
claim based on improper juror conduct) (Ford given opportunity to show it was justified in backing out of
settlement agreement because of allegedly misleading message from jury which prompted settlement by
Rule 11 agreement)
FORD MOTOR COMPANY v. EZEQUIEL CASTILLO, ET AL.; from Cameron County; 13th district (13-04-
00638-CV, 200 SW3d 217, 06-08-06)
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Johnson delivered the opinion of the Court.
Justice Wainwright delivered a concurring opinion, in which Justice Medina joined.

SWBT v. Harris County Toll Road Authority, No. 06-0933 (Tex. 2009)(Jefferson)(eminent domain, county
entity immune to claim for reimbursement of costs of telephone line relocation necessitated by toll road
project, SWBT has no vested property interest in use of public way for transmission equipment).
SOUTHWESTERN BELL TELEPHONE, L.P., D/B/A SBC TEXAS v. HARRIS COUNTY TOLL ROAD
AUTHORITY AND HARRIS COUNTY; from Harris County; 1st district (01-05-00668-CV, 263 SW3d 48, 09-
14-06)
The Court affirms the court of appeals' judgment.
Chief Justice Jefferson delivered the opinion of the Court.

March 27, 2009 Opinions

Exxon Corp. v. Emerald Oil & Gas Co., L.C., No. 05-0729 (Tex. Mar. 27, 2009)(Wainright)(oil and gas
law, statutory construction, cause of action for improperly plugging well, standing of subsequent lessee)
EXXON CORPORATION AND EXXON TEXAS, INC. v. EMERALD OIL & GAS COMPANY, L.C.; from
Refugio County; 13th district (13-99-00757-CV, 228 SW3d 166, 01-27-05)
The Court reverses the court of appeals' judgment and renders judgment.
Justice Wainwright delivered the opinion of the Court.
(Justice O'Neill not sitting)

Exxon Corp. v. Miesch, No. 05-1076 (Tex. Mar. 27, 2009)(Wainwright)(plugging of oil well to prejudice
future production subsequent to dispute over royalties, false statement to Railroad Commission, fraud,
statute of limitations, oil and gas law,)
EXXON CORPORATION AND EXXON TEXAS, INC. v. EMERALD OIL & GAS COMPANY, L.C. AND
LAURIE T. MIESCH, ET AL.; from Refugio County; 13th district (13-00-00104-CV, 180 SW3d 299,
11-29-05)
The Court reverses and renders judgment, 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 O'Neill not sitting)

Prodigy Communications Corp. v. Agricultural Excess & Surplus Insurance, No. 06-0598 (Tex. Mar. 27,
2009)(Jefferson) (insurance law, effect of noncompliance with prompt notice requirement as condition
precedent for coverage of claim, prejudice factor)
PRODIGY COMMUNICATIONS CORP. v. AGRICULTURAL EXCESS & SURPLUS INSURANCE
COMPANY, N/K/A GREAT AMERICAN E & S INSURANCE COMPANY AND GREAT AMERICAN
INSURANCE COMPANY; from Dallas County; 5th district (05-05-00442-CV, 195 SW3d 764, 05-30-06)
The Court reverses the court of appeals' judgment, renders judgment in part, and remands the case to
the trial court.
Chief Justice Jefferson delivered the opinion of the Court, in which Justice O'Neill, Justice Wainwright,
Justice Brister, Justice Medina, and Justice Green joined.
Justice Wainwright delivered a concurring opinion.
Justice Johnson delivered a dissenting opinion, in which Justice Hecht and Justice Willett joined.

Financial Industries Corp. v. XL Specialty Ins. Co., No. 07-1059 (Tex. Mar. 27, 2009)(Jefferson)
(cert. question from the 5th Circuit) (effect of insured's failure to give insurer prompt notice of claim,
prejudice criterion, insurance policy construction)
FINANCIAL INDUSTRIES CORPORATION v. XL SPECIALTY INSURANCE COMPANY
The Court answers the question certified by the United States Court of Appeals for the Fifth Circuit.
Chief Justice Jefferson delivered the opinion of the Court.

Progressive County Mutual Ins. Co. v. Kelley, No. 08-0073 (Tex. Mar. 27, 2009)(per curiam) (insurance
policy documents were ambiguous, thus raising issues of fact precluding summary judgment) (contract
construction, insurance coverage dispute, c ontract consisting of multiple documents, definiteness,
contract a mbiguity argument)
PROGRESSIVE COUNTY MUTUAL INSURANCE COMPANY v. REGAN KELLEY; from Brazos
County; 10th district (10-06-00263-CV, ___ SW3d ___, 12-12-07)
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

Ginn v. Forrester, No. 08-0163 (Tex. Mar. 27, 2009)(per curiam)(absence of evidence of notice
insufficient to satisfy requirement of error on face of the record for purpose of restricted appeal)
EMMANUEL GINN, A&R TRANSPORT, INC., KEITH JACKSON, STEVE BRANTLEY v. JEFF
FORRESTER AND KIM FORRESTER; from Harris County; 14th district (14-06-00549-CV, ___ SW3d ___,
01-10-08)
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

March 6, 2009

Phillips MD v. Bramlett, No. 07-0522 (Tex. Mar. 6, 2009)(Medina)(insurance law, Stowers doctrine,
liability cap)
BENNY P. PHILLIPS, M.D. v. DALE BRAMLETT, INDIVIDUALLY AND AS INDEPENDENT
ADMINISTRAPTOR OF THE ESTATE OF VICKI BRAMLETT, DECEASED, SHANE FULLER AND
MICHAEL FULLER; from Lubbock County; 7th district (07-05-00456-CV, 258 SW3d 158, 03-19-07)
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Medina delivered the opinion of the Court, in which Justice Wainwright, Justice Brister, Justice
Johnson, and Justice Willett joined.
Justice O'Neill delivered a dissenting opinion, in which Chief Justice Jefferson, Justice Hecht, and Justice
Green joined.

February 27, 2009

TXI Operations, LP v. Perry, No. 05-0030 (Tex. Feb. 27, 2009)(Green)(premises liability, duty of warn of
danger, private road defect, sufficiency of speed limit warning sign)
TXI OPERATIONS, L.P. v. DAVID PERRY; from Liberty County; 9th district (09-04-00070-CV, ___ SW3d
___, 11-18-04)
The Court affirms the court of appeals' 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 Johnson joined.
Justice Hecht delivered a dissenting opinion, in which Justice Medina and Justice Willett joined.
Dissent by Hecht

Retamco Operating, Inc. v. Republic Drilling Co. No. 07-0599 (Tex. Feb. 27, 2009)(Green)(personal
jurisdiction over out-of-state defendant, Texas Longarm Statute, minimum contacts, UFTA, transfer of
real estate interest in Texas, oil and gas law)
RETAMCO OPERATING, INC. v. REPUBLIC DRILLING COMPANY; from Bexar County; 4th district
(04-06-00727-CV, ___ SW3d ___, 03-28-07)
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Green delivered the opinion of the Court.

In Re Bank of America, N.A. (Tex. Feb. 27, 2009)(per curiam)(mandamus)
(contractual jury waiver enforced by mandamus, conspicuousness of waiver, knowing and voluntary
waiver) IN RE BANK OF AMERICA, N.A.; from Tarrant County; 2nd district (02-05-00397-CV, 232 SW3d
145, 05-03-07)
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
(Justice Johnson not sitting)

Retamco Operating, Inc. v. Douglas B . McCallum, LLC, No. 08-0405 (Tex. Feb 2009)(per curiam)
(UFTA transfer of property interest, oil and gas royalties transfer)
RETAMCO OPERATING, INC. v. DOUGLAS B. MCCALLUM, LLC; from Bexar County; 4th district
(04-07-00482-CV, ___ SW3d ___, 04-09-08)
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

In Re Lovito-Nelson, No. 08-0482 (Tex. Feb. 27, 2009)(per curiam)(mandamus granted)
(written order required for grant of motion for new trial; docket control order with new trial date
insufficient, plenary power)
IN RE JOANNE LOVITO-NELSON; from Tarrant County
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 Jindal Saw Limited, No. 08-0805 (Tex. Feb. 27, 2009)(per curiam)(mandamus)
(arbitration, nonsignatories, wrongful death beneficiaries compelled to arbitrate, workplace death)
IN RE JINDAL SAW LIMITED, JINDAL ENTERPRISES LLC, AND SAW PIPES USA; from Harris County; 1st
district (01-07-01068-CV, 264 SW3d 755, 05-22-08)
stay order issued October 24, 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

DISSENT ON DENIAL OF PETITIONS FOR REVIEW
Gurkoff, D.O. v. Jersak, No. 08-0398 (Tex. Feb. 27, 2009)(Brister)
(Dissent from denial of petition for review) (enforcement of sanctions in the form of defendant's
attorney's fees for failure to file expert report in med-mal suit)(sanctions in med-mal suit)
08-0398 JERRY GURKOFF, D.O. v. ROSEMARY JERSAK; from Tarrant County; 2nd district
(02‑07‑00101‑CV, ___ SW3d ___, 04‑10‑08)
Justice Brister, joined by Justice Hecht, delivered an opinion dissenting from the denial

February 13, 2009

Pine Oak Builders, Inc. v. Great American Lloyds Ins. Co., No. 06-0867 (Tex. 2009)(Willett)
(insurance coverage dispute, duty to defend not triggered by allegations in suit)
PINE OAK BUILDERS, INC. v. GREAT AMERICAN LLOYDS INSURANCE COMPANY; from Harris County;
14th district (14-05-00487-CV, ___ SW3d ___, 07-06-06) 2 petitions
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 Labatt Food Service, LP, No. 07-0419 (Tex. 2009)(Johnson)
(arbitration mandamus, arbitration of wrongful death claim by nonsignatories compelled)
IN RE LABATT FOOD SERVICE, L.P.; from Bexar County; 4th district (04-07-00312-CV, ___ SW3d ___,
05-16-07)
The Court conditionally grants the petition for writ of mandamus.
Justice Johnson delivered the opinion of the Court.

Old Farms Owners Assn., Inc. v. HISD, No. 07-0924 (Tex. 2009)(per curiam)
(tax suit, tax bill mailed to incorrect address, penalties, statutory construction, effect of nonsuit)
OLD FARMS OWNERS ASSOCIATION, INC. AND SUSAN C. LEE, TRUSTEE OF THE TRUST CREATED
UNDER ARTICLE IV OF THE WILL OF KATHERINE P. BARNHART, DECEASED v. HOUSTON
INDEPENDENT SCHOOL DISTRICT, ET AL.; from Harris County; 1st district (01-04-00538-CV, 236
SW3d 375, 07-26-07)
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.
Per Curiam Opinion

In re Coppock, No. 08-0093 (Tex. 2009)(O'Neill)
(contempt in divorce case overturned by habeas corpus)
IN RE GAYLE E. COPPOCK; from Denton County; 2nd district (02-07-00427-CV, ___ SW3d ___,
01-04-08)
The Court grants the petition for writ of habeas corpus and sets aside the order of contempt.
Justice O'Neill delivered the opinion of the Court.

Opinions Released Jan. 16, 2009

Columbia Med. Ctr. of Las Colinas, Inc. v. Hogue, No. 04-0575 (Tex. 2009)(substituted corrected
opinion)(reh'g denied)(medical malpractice, gross negligence, punitive damages)
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)
corrected opinion issued

Opinions Issued on January 9, 2009

Graber v. Fuqua, No, 05-0303 (Tex. 2009)(Green)
THOMAS GRABER AND HOPKINS & SUTTER v. RICHARD L. FUQUA; from Hidalgo County; 13th district
(13-03-00135-CV, 158 SW3d 635, 03-03-05)
The Court affirms the court of appeals' judgment.
Justice Green delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice
O'Neill, and Justice Johnson joined.
Justice Wainwright delivered a dissenting opinion, in which Justice Brister, Justice Medina, and Justice
Willett joined.

Badiga v. Lopez, No. 05-0801 (Tex. 2009)(Jefferson)
S. MURTHY BADIGA, M.D. v. MARICRUZ LOPEZ; from Hidalgo County; 13th district (13-04-00452-CV,
___ SW3d ___, 07-07-05)
The Court reverses the court of appeals' judgment and remands the case to that court.
Chief Justice Jefferson delivered the opinion of the Court, in which Justice Hecht, Justice O'Neill, Justice
Wainwright, Justice Green, Justice Johnson, and Justice Willett joined.
Justice Brister delivered a dissenting opinion, in which Justice Medina joined.

In re International Profit Associates, Inc. No. 08-0238 (Tex. 2009)(per curiam)
IN RE INTERNATIONAL PROFIT ASSOCIATES, INC.; INTERNATIONAL TAX ADVISORS, INC.; AND IPA
ADVISORY AND INTERMEDIARY SERVICES, LLC; from Hidalgo County; 13th district (13-08-00052-CV,
___ SW3d ___, 02-21-08)
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 DFPS, No. 08-0524 (Tex. 2009)(Johnson)
IN RE DEPARTMENT OF FAMILY & PROTECTIVE SERVICES; from Harris County; 1st district (01-08-
00348-CV, 265 SW3d 545, 06-30-08)
stay order issued July 3, 2008, lifted
The petition for writ of mandamus is denied.
Justice Johnson delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Wainwright,
Justice Green, and Justice Willett joined.
Justice Hecht delivered a dissenting opinion, in which Justice Brister joined.
Justice Brister delivered a dissenting opinion, in which Justice Hecht, Justice O'Neill, and Justice Medina
joined.