Tex. 2009 Per Curiam Opinions

2009 TEXAS SUPREME COURT CASES
DECIDED WITH PER CURIAM OPINIONS

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2009 Texas Supreme Court Per Curiam Opinions
Also see ---> Links to all 2009 Tex. Opinions

Also see ---> 2010 Texas Supreme Court Per Curiam Opinions
2009 Texas Supreme Court Per Curiam Opinions

2008 Supreme Court of Texas

Per Curiam

Opinions

2007 Supreme Court of Texas Decisions

Whistleblower appeal sent back to CoA for application of holding in Lueck
UT Southwestern Med. Ctr. at Dallas v. Gentillell o, M.D., No. 08-0696 (Tex. Dec. 18, 2009)(per curiam)
(Whistleblower case remanded in light of decision, holding on jurisdiction in State v. Lueck)
THE UNIVERSITY OF TEXAS SOUTHWESTERN MEDICAL CENTER AT DALLAS v. LARRY M.
GENTILELLO, M.D.; from Dallas County; 5th district (05-07-00845-CV, 260 SW3d 221, 07-18-08)
motion to dismiss dismissed as moot
stay order issued October 2, 2008, lifted
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 [pdf]
View Electronic Briefs filed in THE UNIV. OF TEX. SW. MED. CTR. AT DALLAS v. LARRY M.
GENTILELLO, M.D.

Scope of Discovery Order Found Excessive
In Re Deere & Co., No. 08-1076 (Tex. Dec. 18, 2009)(per curiam)(orig. proceeding) (mandamus granted)
(trial court’s order compelling production of documents found overly broad in temporal scope)
IN RE DEERE & COMPANY D/B/A JOHN DEERE COMPANY AND JOHN DEERE CONSTRUCTION &
FORESTRY COMPANY; from Johnson County; 10th district (10-08-00436-CV, ___ SW3d ___, 12-22-08)
stay order issued January 14, 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 [pdf]
View Electronic Briefs filed in IN RE DEERE & CO. D/B/A JOHN DEERE CO. and JOHN DEERE CONSTR.
& FORRESTRY CO.

DTPA Suit For Failure to Procure Insurance Coverage Resolved Against Plaintiff
Metro Allied Ins. Agency v. Lin, No. 07-1032 (Tex. Dec, 11, 2009)(per curiam)
(DTPA, negligence claim predicated on failure to procure insurance coverage, causation standard)(take-
nothing JNOV against plaintiff reinstated)
METRO ALLIED INSURANCE AGENCY, INC. AND C. MICHAEL MCGLOTHLIN v. SHIHCHE E. LIN,
INDIVIDUALLY AND D/B/A APTUS COMPANY, AND SUNG-PING H. LIN; from Harris County;
1st district (01-05-00196-CV, ___ SW3d ___, 08-31-07)
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 [in pdf]
View Electronic Briefs in METRO ALLIED INS. AGENCY, INC. v. LIN

ANOTHER CLASS-ACTION UNDONE BY THE TEXAS SUPREME COURT
Exxon Mobil Corp. v. Gill, No. 07-0404 (Tex. Nov. 20, 2009)(per curiam)(class action suits)(trial court’s
class certification order in suit brought by gas station dealers over pricing and rebates is vacated and
the case is remanded to that court for further proceedings)
EXXON MOBIL CORPORATION v. DAN GILL, ET AL.; from Nueces County;
13th district (13 06 00048 CV, ___ SW3d ___, 04 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. (Justice O'Neill and Justice Guzman not sitting)

JURY'S DENIAL OF ALL ATTORNEY'S FEES REVERSED AND CASE REMANDED FOR NEW TRIAL
ON FEES
Midland Western Building LLC v. First Service Air Conditioning Contractors, Inc., No. 08-0504 (Tex. Nov.
20, 2009)(per curiam) (zero attorney's fees awarded by jury not supported by the evidence, attorney fee
testimony, segregation of fees incurred against different parties)(new trial on attorney's fees ordered)
MIDLAND WESTERN BUILDING L.L.C. v. FIRST SERVICE AIR CONDITIONING CONTRACTORS, INC.;
from Midland County; 11th district (11 06 00222 CV, ___ SW3d ___, 03 13 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.

NON-SIGNATORIES COMPELLED TO ARBITRATE WRONGFUL DEATH CLAIMS BASED ON
BENEFICIARY STATUS
In Re Golden Peanut Co.,LLC, No. 09-0122 (Tex. Nov. 20, 2009)(per curiam)(mandamus compelling
arbitration granted) (arbitration and nonsignatories, wrongful death plaintiffs bound by arb agreement
signed by worker killed on the job as derivative claimants and must arbitrate claim against employer,
pre-injury waivers, forum selection vs. waiver of substantive rights)
IN RE GOLDEN PEANUT COMPANY, LLC; from Gaines County;
11th district (11 08 00215 CV, 269 SW3d 302, 11 13 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.

Aquaplex, Inc v. Rancho La Valencia, Inc., No. 08-0280 (Tex. Oct 30, 2009)(per curiam)
(fraud damages, proving amount of damages, remittiture by court of appeals or new trial)
AQUAPLEX, INC. AND JAMES EDWARD JONES, JR. v. RANCHO LA VALENCIA, INC. AND CHARLES R.
"RANDY" TURNER; from Travis County; 7th district (07-06-00157-CV, 253 SW3d 728, 11-02-07)
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 that court.

City of Houston v. Trail Enterprises, Inc. No. 08-0413 (Tex. Oct. 30, 2009)(per curiam)
(ripeness doctrine, inverse condemnation regulatory takings claim, zoning)(remanded to trial court)
CITY OF HOUSTON, TEXAS v. TRAIL ENTERPRISES, INC. D/B/A WILSON OIL COMPANY, ET AL.; from
Harris County; 10th district (10-05-00382-CV, 255 SW3d 105, 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.

Chrysler Ins. Co., v. Greenspoint Dodge of Houston, Inc., No. 08-0780 (Tex. Oct. 30, 2009)(per curiam)
(insurance coverage dispute, known-falsity exclusion to defamation liability coverage based on
knowledge of vice-principals; knowledge imputed on insured, thus exclusion applies, warranting take-
nothing judgment)
CHRYSLER INSURANCE COMPANY, FORMERLY KNOWN AS DAIMLERCHRYSLER INSURANCE
COMPANY v. GREENSPOINT DODGE OF HOUSTON, INC.; from Harris County;
1st district (01-05-01115-CV, 265 SW3d 52, 04-10-08) 2 petitions
motion to dismiss the cross-petition on behalf of Jack Apple, Jr. granted
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without
hearing oral argument, the Court affirms in part and reverses in part the court of appeals' judgment and
renders judgment.
(Justice Guzman not sitting)

Insurance Company of the State of Pennsylvania v. Lejeune, No. 08-0829 (Tex. Oct. 30, 2009)(per
curiam) (restricted appeal of default judgment, error on the face of the record, time of service not noted
on return of citation)
INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA v. EDWARD LEJEUNE; from Red River
County; 6th district (06-07-00142-CV, 261 SW3d 852, 08-20-08)
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.
October 23, 2009 Per Curiam Opinions

Unifund CCR Partners v. Villa, No. 08-1026 (Tex. Oct. 23, 2009)(per curiam)
(sanctions for filing suit to collect debt discharged in bankruptcy reversed)
UNIFUND CCR PARTNERS v. JAVIER VILLA; from Webb County;
4th district (04-07-00465-CV, 273 SW3d 385, 09-17-08)
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

In Re Polymerica, LLC, No. 08-1064 (Tex. Oct. 23, 2009)(per curiam) (arbitration mandamus granted)
IN RE POLYMERICA, LLC D/B/A GLOBAL ENTERPRISES, INC.; from El Paso County;
8th district (08-08-00070-CV, 271 SW3d 442, 11-25-08)
stay order of February 24, 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

OPINION ON DENIAL OF MOTION FOR REHEARING

In Re Houston Pipe Line Co, LP., No. 08-0800 (Tex. Oct. 23, 2009)(per curiam)(opinion on motion for
rehearing by real party in interest)(c larification on (non) availability of di scovery prior to arbitration)
IN RE HOUSTON PIPE LINE COMPANY, L.P., ET AL.; from Victoria County;
13th district (13-07-00299-CV & 13-07-00362-CV, 269 SW3d 90, 08-26-08)
Supplemental Per Curiam Opinion

ORDERS ON MOTIONS FOR REHEARING

In Re Houston Pipe Line Co, LP., No. 08-0800 (Tex. Oct. 23, 2009)(per curiam)(opinion on motion for
rehearing)(discovery prior to arbitration)
IN RE HOUSTON PIPE LINE COMPANY, L.P., ET AL.; from Victoria County;
13th district (13-07-00299-CV & 13-07-00362-CV, 269 SW3d 90, 08-26-08)
Supplemental Per Curiam Opinion

In Re Union Pacific Railroad Co. No. 08-0740 (Tex. Sep. 25,2009)(per curiam)
(discovery mandamus granted to protect trade secrets, privilege, pricing information)
IN RE UNION PACIFIC RAILROAD COMPANY; from Bexar County;
4th district (04-08-00388-CV, ___ SW3d ___, 08-20-08)
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

August 28, 2009 Per Curiam Opinions

TDHHS v. Okoli, No. 07-0642 (Tex. Aug. 28, 2009)(per curiam)
(WBA case decided per Lueck, interlocutory appeal of denial of plea to the jurisdiction)
TEXAS DEPARTMENT OF HEALTH AND HUMAN SERVICES v. OLIVER OKOLI; from Harris County;
1st district (01-07-00103-CV, 263 SW3d 275, 06-28-07)
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

TxDOT v. Garcia, No. 07-1030 (Tex. Aug. 28, 2009)(per curiam)
(Whistleblower Act claim, allegation of report of violation of law as basis of claim jurisdictional)
TEXAS DEPARTMENT OF TRANSPORTATION v. SERGIO GARCIA; from Cameron County;
13th district (13-07-00004-CV, 243 SW3d 759, 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 remands the case to that
court.
Per Curiam Opinion

In Re Liberty Mutual Fire Ins. Co., No. 08-0742 (Tex. Aug. 28, 2009)(per curiam)
(worker's comp, exhaustion of administrative remedies, preauthorization of medical treatment)
IN RE LIBERTY MUTUAL FIRE INSURANCE COMPANY; from Nueces County;
13th district (13-08-00129-CV, ___ SW3d ___, 08-07-08)
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 Greater Houston Orthopaedic Specialists, Inc. No. 08-0820 (Tex. Aug. 28, 2009)(per curiam)
(effect of misnomer, nonsuit and counterclaim)
IN RE GREATER HOUSTON ORTHOPAEDIC SPECIALISTS, INC.; from Cameron County;
3th district (13-08-00366-CV, ___ SW3d ___, 09-11-08)
stay order issued October 17, 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

August 21, 2009 Per Curiam Decision (only one issued)

Bennett v McDaniel, No. 08-0618 (Tex. Aug. 21, 2009)(failure to prove damages in post-answer default
hearing requires remand to the trial court, rather than reversal and rendition of take-nothing
judgment).
BENNY BENNETT AND WIFE, MARY BENNETT v. RICHARD MCDANIEL, INDIVIDUALLY AND D/B/A
RICHARD MCDANIEL, INC., D/B/A B.R. ROOFING, A/K/A B&R ROOFING; from Wheeler County; 7th
district (07-06-00250-CV, ___ SW3d ___, 04-30-08)
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

July 3, 2009 Per Curiam Opinions

Dolgencorp of Texas, Inc. v. Lerma, No. 08-0032 (Tex. 2009)(per curiam) (motion for new trial after post-
answer default judgment due to counsel's nonappearance on account of scheduling conflict should have
been granted, default judgment reversed as elements of C raddock test were satisfied)
DOLGENCORP OF TEXAS, INC., D/B/A DOLLAR GENERAL STORE v. MARIA ISABEL LERMA,
INDIVIDUALLY, ET AL.; from Cameron County; 13th district (13-03-00314-CV, 241 SW3d 584,
08-23-07 Opinion by the Thirteenth Court of Appeals below)
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 [pdf]

Aviles, MD v. Aguirre, No. 08-0240 (Tex. Jul 3, 2009)(per curiam) (HCLC sanctions under former med-
mal law to be awarded on remand)(attorney's fees were incurred by defendant doctor even though
insurer paid them)
WILFREDO AVILES, M.D., AND WILFREDO AVILES, M.D., P.A. v. ALBERT AGUIRRE, ET AL.; from
Hidalgo County; 13th district (13-06-00495-CV, ___ SW3d ___, 02-14-08 Opinion below)
(Dissenting opinion by Rose Vela)
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 [pdf]

Ferguson v. Building Materials Corp. of America, No. 08-0589 (Tex. Jul. 3, 2009)(per curiam)
(judicial estoppel based on failure to list lawsuit as assent in bankruptcy proceeding does not apply here)
(Supreme Court reverses summary judgment granted on the basis of judicial estoppel and remands)
JASON FERGUSON AND BOBBIE FERGUSON v. BUILDING MATERIALS CORPORATION OF AMERICA,
CPC LOGISTICS, INC., AND ROBERT JAMES MADDOX; from Dallas County;
8th district (08-07-00051-CV, 276 SW3d 45, 06-12-08 Opinion of the Eight Court of Appeals below)
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 [pdf]
Electronic Briefs in Tex. 2009 No. 08-0589 FERGUSON v. BUILDING MATERIALS CORP. OF AM.

In Re Houston Pipeline Co., LP, No. 08-0800 (Tex. 2009)(per curiam) (discovery orders and motion to
compel arbitration) (trial court ordered to rule on pending motion to compel arbitration, and to lift
discovery orders that were entered in the interim).
IN RE HOUSTON PIPE LINE COMPANY, L.P., ET AL.; from Victoria County;
13th district (13-07-00299-CV & 13-07-00362-CV, 269 SW3d 90,
08-26-08 Opinion of the Thirteenth Court of Appeals)
stay order issued October 17, 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]

June 19, 2009

In Re Macy's Texas, Inc., No. 08-0584 (Tex. Jun. 26, 2009)(per curiam)(arbitration under FAA compelled
by mandamus in dispute over injuries sustained at the work place)(correct identification of employer was
an issue, but did not defeat duty to arbitrate)(employee must arbitrate on-the-job injuries claim against
company)
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]

June 12, 2009 - One Per Curiam Opinion Issued

FORUM-SELECTION MANDAMUS GRANTED
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

May 22, 2009

TxDoT v. York, No. 07-0743 (Tex. May 22, 2009)(per curiam)
(sovereign immunity, Texas Tort Claims Act, TTCA, loose gravel not a special 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)
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

TxDoT v. Gutierrez, No. 07-1013 (Tex. 2009)(per curiam)
(TTCA, loose gravel not a special defect)
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

Dallas County v. Posey, No. 08-0094 (Tex. 2009)(per curiam)
(T exas Tort Claims Act T TCA, prisoner suicide with cord of telephone in cell)
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 Per Curiam Opinions

Crites, MD v. Collins, No. 07-0315 (Tex. May 1, 2009)(per curiam)(medical malpractice, failure to file
expert report) (defendant doctor's countermotion for sanctions in the form of attorney's fees may
proceed following med-mal plaintiff's nonsuit; denial of counterclaim for sanctions was error)(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.

State of Texas v. Bristol Hotel Asset Co., No. 07-0896 (Tex. May 15, 2009)(per curiam) (condemnation
takings claim, uncompensable losses, lost revenue testimony should have been excluded)
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.

May 1, 2009 Per Curiam Issuances

Garrett v. Borden, No. 08-0506 (Tex. May 1, 2009)(per curiam)(statutory construction; what qualifies as
a copy required by the applicable prison inmate litigation statute? hand-written copy)
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.

April 17, 2009

Fort Brown Villas II Cond 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 at trial vs. in relation to summary judgment)
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

March 27, 2009 Opinions

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,
ambiguity)
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

February 27, 2009

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

February 13, 2009

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

Opinions Released Jan. 16, 2009

Columbia Med. Ctr. of Las Colinas, Inc., 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

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

JUSTICES OF
THE TEXAS SUPREME COURT

Chief Justice Wallace B. Jefferson

Justice Nathan L. Hecht

[Former Justice Scott A. Brister]
Replaced by Justice Eva Guzman

Justice David Medina

Justice Harriet O'Neill

Justice Dale Wainwright

Justice Paul W. Green

Justice Phil Johnson

Justice Don R. Willett

Justice Eva M. Guzman