Texas Supreme Court Opinions (Tex. 2010-2008)

2011 Green Opinions

Robinson v. Parker [Houston Mayor],
No. 08-0658 (Tex. Aug. 26, 2011)(Opinion by Justice Paul Green)
CARROLL G. ROBINSON, BRUCE R. HOTZE, AND JEFFREY N. DAILY v. ANNISE D. PARKER, MAYOR;
CITY OF HOUSTON; HOUSTON CITY COUNCIL, ET AL.; from Harris County; 14th district (14-06-00167-
CV, 260 SW3d 463, 04-03-08)
The Court vacates the judgments of the court of appeals and the trial court and dismisses the case for
want of jurisdiction.
Justice Green delivered the opinion of the Court. [pdf]
(Justice Guzman not sitting)
Link to e-briefs: ROBINSON v. BILL WHITE, MAYOR (one amicus brief)

Ojo v. Farmers Group Inc., No. 10-0245 (Tex. May 27, 2011)(Green)
The United States Court of Appeals for the Ninth Circuit certified to this Court the following question:
Does Texas law permit an insurance company to price insurance by using a credit-score factor that has a racially disparate
impact that, were it not for the [McCarran-Ferguson Act],1 would violate the federal Fair Housing Act, 42 U.S.C. §§ 3601–19,
absent a legally sufficient nondiscriminatory reason, or would using such a credit-score factor violate Texas Insurance
Code sections 544.002(a), 559.051, 559.052, or some other provision of Texas law?
Ojo v. Farmers Group, Inc., 600 F.3d 1201, 1204–05 (9th Cir. 2010) (en banc) (per curiam). Pursuant to Article 5, section 3-c
of the Texas Constitution and Texas Rule of Appellate Procedure 58.1, we answer that Texas law prohibits the use of race-
based credit scoring, but permits race-neutral credit scoring even if it has a racially disparate impact.
PATRICK O. OJO, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED v. FARMERS GROUP, INC., FIRE
UNDERWRITERS ASSOCIATION, FIRE INSURANCE EXCHANGE, FARMERS UNDERWRITERS ASSOCIATION, AND
FARMERS INSURANCE EXCHANGE
The Court answers the question certified by the United States Court of Appeals for the Ninth Circuit.
Justice Green delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Wainwright, Justice Medina,
Justice Johnson, Justice Guzman, and Justice Lehrmann joined, and in which Justice Willett joined as to Parts I, II, III.A-B,
IV, and V. [pdf]
Chief Justice Jefferson delivered a concurring opinion. [pdf]
So what does the Court’s survey of legislative history tell us today? The Court makes no attempt to construct the statute’s
meaning by looking at its history. Instead, it gives us information that, while not essential to our interpretation of the
Insurance Code, is far from irrelevant: “The legislative history of the credit scoring bill and the arguments of its opponents
indicates that the Texas Legislature was aware of the possibility of a disparate impact on racial minorities, yet did not
expressly provide for a disparate impact claim as it did in the Texas Labor Code.” ___ S.W.3d at ___. Thus, we are told that
the statute says what it says because the Legislature intended that meaning.15 This fact has no bearing on our
interpretation, and we would interpret clear language the same regardless of whether or not the Legislature had given
thought to the specific issue before us. The inclusion of this history gives notice to those who feel wronged by the statute.
The remedy they seek requires engagement in the political process, on the legislative battlefield. Moreover, it gives those
same aggrieved citizens some indication of why the Legislature would have made the choice that it did, allowing them to
hone their advocacy. For those who support the statute, this language’s relevance is much the same. This guidance will not
harm democracy, our reputation, or the bar, and indeed it may help.
Justice Willett delivered a concurring opinion. [pdf]
The Court is right that today’s outcome is dictated by the Insurance Code as it is written. That being so, I wish the Court
were more inhibited to do what we have prohibited—mine extratextual clues to illuminate an already-unambiguous statute.
Text alone does not answer every question, but it answers many, including today’s, as the Court concedes. I accept a
cautious (and non-villainous) role for extrinsic aids, including certain legislative history, where a nebulous statute is
susceptible to varying interpretations,1 but our rule for unambiguous statutes is uncomplicated: “Where text is clear, text is
determinative,”2 making any foray into extratextual aids not just inadvisable but, as we have repeatedly derided it,
“inappropriate.”3
The Court nowhere states—or even suggests—the Insurance Code is ambiguous. But even assuming arguendo it is,
“thus justifying cautious use of secondary construction aids,”4 the Court beckons some strange ones, including some we
have consistently decried as patently unreliable (like failed bills in a subsequent Legislature). The Court’s detour may be
well meaning, but it is not well supported, and I regret its “disparate impact” on our interpretive precedent. I would hold to
our holdings—when the Legislature speaks plainly, the judiciary should as well. In other words, and applying a rule less
prudish than prudent, if it is not necessary to look further, it is necessary not to look further. An unembellished interpretation
of an unambiguous statute can be spare without being sparse. For these reasons, I agree with all but Part III.C of today’s
opinion.
The Court’s textual analysis is clear and incisive, and I join it unreservedly. The meaning of the Insurance Code is apparent
from its language, read in context, especially as contrasted with the Labor and Government Codes, both of which explicitly
allow disparate-impact liability. All in all, though, I wish the Court were more allegiant to our longstanding interpretive
precedent. We should treat similar cases similarly, not disparately. Given the rise of state legisprudence, we owe
interpretive clarity—and consistency—to the courts below us, the litigants before us, the citizens beside us, and the cases
beyond us.
(Justice Hecht not sitting)
See Electronic Briefs in 10-0245 PATRICK O. OJO v. FARMERS GROUP, INC.

Italian Cowboy Partners, Ltd.,
No. 08-0989 (Tex. Apr. 15, 2011)(by Green)
We recognized decades ago that agreeing to a merger clause does not waive the right to sue for fraud should a party later
discover that the representations it relied upon before signing the contract were fraudulent. See Dallas Farm Mach. Co. v.
Reaves, 307 S.W.2d 233, 239 (Tex. 1957) (quoting Bates v. Southgate, 31 N.E.2d 551, 558 (Mass. 1941)). The principal
issue in this case is whether disclaimer-of-representations language within a lease contract amounts to a standard merger
clause, or also disclaims reliance on representations, thus negating an element of the petitioner’s claim for fraudulent
inducement of that contract. We conclude that the contract language in this case does not disclaim reliance or bar a claim
based on fraudulent inducement. Accordingly, we reverse the take-nothing judgment of the court of appeals and remand the
case to that court for further proceedings consistent with this opinion. We render judgment in favor of the lessee on its claim
for rescission premised on breach of the implied warranty of suitability.
ITALIAN COWBOY PARTNERS, LTD., FRANCESCO SECCHI AND JANE SECCHI v. THE PRUDENTIAL
INSURANCE COMPANY OF AMERICA AND FOUR PARTNERS, LLC D/B/A PRIZM PARTNERS AND D/B/A
UNITED COMMERCIAL PROPERTY SERVICES; from Dallas County;
11th district (11-05-00264-CV, 270 SW3d 192, 07-24-08)
The Court reverses the court of appeals' judgment, renders judgment in part, and remands the case to
that court.
Justice Green delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Wainwright,
Justice Medina, Justice Johnson, and Justice Lehrmann joined. [pdf]
Justice Hecht delivered a dissenting opinion, in which Justice Willett and Justice Guzman joined. [pdf]
View Electronic Briefs
08-0989 ITALIAN COWBOY PARTNERS, LTD. v. THE PRUDENTIAL INS. CO. OF AMERICA

Tawes v. Barnes, No. 10-0581 (Tex. Apr. 15, 2011)(Green)
In this case, which arose from an oil and gas lessor’s claim for unpaid royalties, we consider the construction and
application of a Working Interest Unit Agreement (WIUA) and a Joint Operating Agreement (JOA). The issues come to us on
certified questions from the United States Court of Appeals for the Fifth Circuit. The Fifth Circuit asks first whether the lessor
here, either as a third-party beneficiary or through privity of estate, can enforce the WIUA and JOA to recover unpaid royalties
from an investor who consented to the drilling of two wells on a pooled gas unit, but did not operate the wells. See In re
Moose Oil & Gas Co., 613 F.3d 521, 531 (5th Cir. 2010). Pursuant to Article 5, Section 3-c of the Texas Constitution and
Texas Rule of Appellate Procedure 58.1, we answer this question in the negative, and therefore do not reach the Fifth Circuit’
s remaining certified questions.
O. LEE TAWES, III v. DORIS BARNES, INDIVIDUALLY AND AS INDEPENDENT EXECUTRIX OF THE
ESTATE OF LEON MCNAIR BARNES, DECEASED
The Court answers the question certified by the United States Court of Appeals for the Fifth Circuit.
Justice Green delivered the opinion of the Court. [pdf]
View Electronic Briefs 10-0581 TAWES v. BARNES

Travelers Ins. Co. v. Joachim,
No. 08-0941 (Tex. May 14, 2010) (Green)
(erroneous order dismissing suit after nonsuit with prejudice held to have res judicata effect in the absence
of direct attack by appeal or bill of review)
THE TRAVELERS INSURANCE COMPANY (THE AUTOMOBILE INSURANCE COMPANY OF HARTFORD
CONNECTICUT) v. BARRY JOACHIM; from Lubbock County; 7th district (07-06-00322-CV, 279 SW3d 812,
09-25-08)
The Court reverses the court of appeals' judgment and renders judgment.
Justice Green delivered the opinion of the Court. [pdf]
See Electronic Briefs in Cause No. 08-0941 THE TRAVELERS INS. CO. v. JOACHIM

Eri Consulting Engineers, Inc. v. Swinnea, No. 07-1042 (Tex. May 7, 2010)(Green)
(equitable forfeiture as remedy for breach of fiduciary duty)
ERI CONSULTING ENGINEERS, INC. AND LARRY G. SNODGRASS v. J. MARK SWINNEA, BRADY
ENVIRONMENTAL, INC., AND MALMEBA COMPANY, LTD.; from Smith County;
12th district (12‑05‑00428‑CV, 236 SW3d 825, 08‑30‑07)
The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to that
court.
Justice Green delivered the opinion of the Court. [pdf]
See Electronic Briefs in ERI CONSULTING ENGINEERS, INC. v. SWINNEA

In Re The John G. and Marie Stella Kenedy Memorial Foundation, No. 04-0607 (Tex. Apr. 16, 2010)
(Green)
IN RE THE JOHN G. AND MARIE STELLA KENEDY MEMORIAL FOUNDATION; from Kenedy County;
13th district (13-04-00337-CV, ___ SW3d ___, 07-06-04)
as reinstated
- consolidated for oral argument with -
04-0608 IN RE FROST NATIONAL BANK, FORMER EXECUTOR OF THE ESTATE OF ELENA SUESS
KENEDY, DECEASED; FROST NATIONAL BANK AND PABLO SUESS, TRUSTEES OF THE JOHN G.
KENEDY, JR. CHARITABLE TRUST; AND THE MISSIONARY OBLATE FATHERS OF TEXAS; from Kenedy
County; 13th district (13-04-00339-CV, ___ SW3d ___, 07-06-04)
as reinstated, stay order issued July 8, 2004, lifted
The Court conditionally grants the writs of mandamus.
Justice Green delivered the opinion of the Court. [pdf]
(Justice O'Neill and Justice Guzman not sitting)
See Electronic Briefs in IN RE FROST NAT'L BANK

John G. and Marie Stella Kenedy Memorial Foundation v. Fernandez, No. 08-0528 (Tex. Apr. 16, 2010)
(Green)
THE JOHN G. AND MARIE STELLA KENEDY MEMORIAL FOUNDATION v. ANN M. FERNANDEZ;
from Nueces County; 13th district (13-06-00170-CV, ___ SW3d ___, 05-22-08)
unopposed motion to expedite dismissed as moot
The Court affirms in part and reverses in part the court of appeals' judgment and renders judgment.
Justice Green delivered the opinion of the Court. [pdf]
(Justice O'Neill and Justice Guzman not sitting)
See Electronic Briefs in 08-0528 THE JOHN G. AND MARIE STELLA KENEDY MEMORIAL FOUND. v.
FERNANDEZ

John G. and Marie Stella Kenedy Memorial Foundation v. Fernandez, No. 08-0529 (Tex. Apr. 16, 2010)
(Green)
THE JOHN G. AND MARIE STELLA KENEDY MEMORIAL FOUNDATION v. ANN M. FERNANDEZ; from
Kenedy County;
13th district (13-06-00539-CV, ___ SW3d ___, 05-22-08)
unopposed motion to expedite dismissed as moot
The Court affirms in part and reverses in part the court of appeals' judgment and renders judgment.
Justice Green delivered the opinion of the Court. [pdf]
(Justice O'Neill and Justice Guzman not sitting)
See Electronic Briefs in THE JOHN G. AND MARIE STELLA KENEDY MEMORIAL FOUND. v. FERNANDEZ

Frost National Bank v. Fernandez, No. 08-0534 (Tex. Apr. 16, 2010)(Green)
FROST NATIONAL BANK, FORMER EXECUTOR OF THE ESTATE OF ELENA SUESS KENEDY,
DECEASED, AND FROST NATIONAL BANK AND PABLO SUESS, TRUSTEES OF THE JOHN G. KENEDY,
JR. CHARITABLE TRUST v. ANN M. FERNANDEZ; from Kenedy County;
13th district (13-06-00149-CV, 267 SW3d 75, 05-22-08)
unopposed motion to expedite dismissed as moot
The Court affirms in part and reverses in part the court of appeals' judgment and renders judgment.
Justice Green delivered the opinion of the Court. [pdf]
(Justice O'Neill and Justice Guzman not sitting)
See Electronic Briefs in 08-0534 FROST NAT'L BANK v. FERNANDEZ

GOTCHA JURISPRUDENCE: Supreme Court say agreement to extend deadline did not really extend
deadline, therefor Defendant in med-mal suit is entitled to dismissal
Spectrum Healthcare Resources, Inc. v. McDaniel, No. 07-0787 (Tex. Mar. 12, 2010)(Green)
(med-mal suit, health care liability, agreement by agreed docket control order to extend deadline for expert
report nullified)
SPECTRUM HEALTHCARE RESOURCES, INC., AND MICHAEL SIMS v. JANICE MCDANIEL AND PATRICK
MCDANIEL; from Bexar County; 4th district (04-06-00185-CV, 238 SW3d 788, 08-22-07)
The Court reverses the court of appeals' judgment and reinstates the trial court's judgment.
Justice Green delivered the opinion of the Court, in which Justice Hecht, Justice Wainwright, Justice
Johnson, Justice Willett, and Justice Guzman joined. [pdf]
Chief Justice Jefferson delivered a dissenting opinion, in which Justice O'Neill and Justice Medina joined.
[pdf]

In re ADM Investor Services, Inc., No. 08-0570 (Tex. Feb. 19, 2010)
(Opinion by Green) (forum selection clause enforced by mandamus)
(poor health of elderly plaintiff as reason for keeping case in Texas rejected)
IN RE ADM INVESTOR SERVICES, INC.; from Rains County;
12th district (12-08-00125-CV, 257 SW3d 817, 06-30-08)
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument,
the Court conditionally grants the petition for writ of mandamus.
Justice Green delivered the opinion of the Court. [pdf]
Justice Willett delivered a concurring opinion in In re ADM Investor Services, Inc.

2009 SUPREME COURT OPINIONS BY JUSTICE PAUL GREEN,
CONCURRENCES AND DISSENTS

In re ADM Investor Services, Inc., No. 08-0570 (Tex. Feb. 19, 2010)(Opinion by Green) (forum selection
clause enforced by mandamus) (poor health of elderly plaintiff as reason for keeping case in Texas
rejected)
IN RE ADM INVESTOR SERVICES, INC.; from Rains County;
12th district (12-08-00125-CV, 257 SW3d 817, 06-30-08)
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court
conditionally grants the petition for writ of mandamus.
Justice Green delivered the opinion of the Court. [pdf]
Justice Willett delivered a concurring opinion in In re ADM Investor Services, Inc.

Vanegas v. American Energy Servcies,
No. 07-0520 (Tex. Dec. 18, 2009) (Green)
(unilateral contract, contract formation and validity, enforceability)
(illusory promise at the time it was made, promise became enforceable upon performance)
ED VANEGAS, JIMMY D. HALMAN, SAM ARMSTRONG, ALEX CARBAJAL, ROGER FARRINGTON, CURTIS
HUFF, AND TITO BETANCUR v. AMERICAN ENERGY SERVICES, NIEWOEHNER PARTNERSHIP, L.P.,
RCH/HSJ/CCM/MCPI, L.P., AUTRY STEPHENS, JOHN CARNETT, BRACK BLACKWOOD, AND DENNIE
MARTIN; from Midland County; 11th district (11-06-00118-CV, 224 SW3d 544, 05-10-07)
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Green delivered the opinion of the Court. [pdf]
View Electronic Briefs filed in VANEGAS v. AMERICAN ENERGY SERVICES

Myrad Properties, Inc. v. Lasalle Bank NA, No. 08-0444 (Tex. Dec. 18, 2009)(Green)
(whether a correction deed may convey two properties when an unambiguous deed mistakenly conveyed
only one)(correction deed found void, court renders judgment and orders rescission of the mistaken deed)
MYRAD PROPERTIES, INC. v. LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE
REGISTERED HOLDERS OF GMAC COMMERCIAL MORTGAGE SECURITES, INC., COMMERICIAL
MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1997-C1, ROBIN GREEN, AND MELISSA COBB;
from Bell County; 3rd district (03-07-00240-CV, 252 SW3d 605, 03-28-08)
The Court reverses the court of appeals' judgment and renders judgment.
Justice Green delivered the opinion of the Court. [pdf]
View Electronic Briefs filed in MYRAD PROPERTIES, INC. v. LASALLE BANK NAT'L ASSOCIATION

Premises Liability Suit in Deadly Fall from Cliff Nixed on Immunity Grounds
City of Waco v. Kirwan, No. 08-0121 (Tex. Nov. 20, 2009)(Green)(premises liability, fatal fall from cliff,
recreational use statute)
CITY OF WACO v. DEBRA KIRWAN, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF
BRAD MCGEHEE, DECEASED; from McLennan County;
10th district (10 07 00123 CV, 249 SW3d 544, 01 09 08)
The Court reverses the court of appeals' judgment and dismisses the case.
Justice Green delivered the opinion of the Court, in which Justice Hecht, Justice O'Neill, Justice Wainwright,
Justice Medina, Justice Johnson, Justice Willett, and Justice Guzman joined as to Parts I–V, and in which
Chief Justice Jefferson joined as to Part IV. [pdf]

ANOTHER WHISTLEBLOWER BITES THE DUST AT THE SUPREME COURT
State of Texas and TxDoT v. Lueck, No. 06-1034 (Tex. Jun. 26, 2009)(Green)(W histleblower A ct
claim dismissed)(allegation of regulatory noncompliance insufficient, report not to proper law-enforcement
agency)
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 16 pgs.]
View Electronic Briefs in State of Texas and TxDoT v. Lueck (Tex 2009)

MOTOR VEHICLE ACCIDENTS: DOES THE STATUTE OF LIMITATIONS RUN WHILE DRIVER WHO
CAUSED WRECK IS OUT OF STATE?
Ashley v. Hawkins, No. 07-0572 (Tex. Jun. 26, 2009)(Green)(statute of limitations, no tolling when car
wreck defendant is out of state, but subject to being served there) (due diligence in securing promt service
of citation on defendant)
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 10 pgs.]
V
Nabors Drilling, USA, Inc. v. Escoto, No. 06-0890 (Tex. Jun. 19, 2009)(Green)(employer absolved
of liability for fatal car wreck caused by fatigued employee required to work 12 hour shift - on no duty
grounds)
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.

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.

Entergy Gulf States, Inc. v. Summers, No. 05-0272 (Tex. 2009)(Substitute opinion by 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)

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.

2008 Texas Supreme Court Opinions by Justice Paul W. Green

ANNUAL OPINION OUTPUT: Justice Paul Green authored 22 opinions in Fiscal Year 2008:
Breakdown: 8 majority opinions, 9 per curiam opinions, 3 dissenting opinions, 1 opinion
concurring in part and dissenting in part, and 1 opinion on denial of petition for review. Over the
course of the fiscal year, the Court released a total of 212 opinions, 76 of which were signed
majority opinions, and 60 of which were issued per curiam. Green's output is average.

U.S. Fidelity & Guaranty Co. v. Goudeau, No. 06-0987 (Tex. Dec. 19, 2008)(Brister)(insurance coverage,
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.

Di G iuseppe 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)

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)
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 (opposing gross
negligence damages), in which Justice Hecht joined.

Pleasant Glade Assembly of God v. Schubert, No. 05-0916 (Tex. June 27, 2008) (Majority Opinion by
Justice Medina) (con law, church and state religion disputes, first amendment freedom of religion clause,
exorcism of demons, intentional tort claim by church member for mental anguish damages barred by
church's religious doctrine immunity, estoppel claim rejected)
Chief Justice Jefferson delivered a dissenting opinion, in which Justice Green joined, and in Parts II-A, III,
and IV of which Justice Johnson joined.
Justice Green delivered a dissenting opinion.
Justice Johnson delivered a dissenting opinion.

Evanston Ins. Co. v. Atofina Petrochemicals, No. 03-0647 (Tex. June 13, 2008)(Substituted opinion by
Justice Paul Green on further motions for rehearing) (insurance case)
EVANSTON INSURANCE COMPANY v. ATOFINA PETROCHEMICALS, INC.; from Jefferson County; 9th
district (09-02-00072-CV, 104 SW3d 247, 04-10-03)
Atofina's motion for rehearing granted
Evanston's motion for rehearing denied
The Court's opinion and judgment of February 15, 2008 are withdrawn and the opinion and judgment of
this date are issued. The concurring and dissenting opinion by Justice Hecht, issued February 15, 2008,
remains in place.
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 which Chief Justice Jefferson, Justice O'Neill, Justice
Wainwright, Justice Brister, Justice Medina, and Justice Willett joined, and in which Justice Hecht and
Justice Johnson joined as to Parts I, II.A–II.D, and II.F.
Justice Hecht delivered an opinion concurring in part and dissenting in part, in which Justice Johnson
joined.

G.E. v. Moritz, No. 04-0871 (Tex. June 13, 2008)(Brister)
(premises liability, independent contractor, workplace injury, workers compensation non-subscriber)
GENERAL ELECTRIC COMPANY v. ARTHUR LEE MORITZ; from Tarrant County; 2nd district (02-03-
00038-CV, ___ SW3d ___, 05-20-04)
2 petitions The Court reverses the court of appeals' judgment and renders judgment.
Justice Scott Brister delivered the opinion of the Court, in which Justice Hecht, Justice Wainwright, Justice
Medina, and Justice Willett joined.
Justice Green delivered a dissenting opinion, in which Chief Justice Jefferson and Justice Johnson
joined. (Justice O'Neill not sitting)

In re Team Rocket, LP, No. 06-0414 (Tex. May 23, 3008)(Opinion by Justice Green)(mandamus granted)
(mandamus granted to enforce first transfer of venue, nonsuit and refiling in third county disapproved)
IN RE TEAM ROCKET, L.P., MLF AIRFRAMES, INC., AND MARK L. FREDERICK; from Fort Bend County;
14th district (14-06-00136-CV, ___ S.W.3d ___, 04-25-06)
stay order issued June 13, 2006, lifted
The Court conditionally grants the petition for writ of mandamus.
Justice Green delivered the opinion of the Court.
Justice Wainwright delivered a concurring opinion, in which Chief Justice Jefferson and Justice O'Neill
joined.

Canyon Regional Water Authority v. Guadalupe-Blanco River Authority, No. 06-0873 (Tex. May 16,
2008)(Opinion by Paul Green) (water law, intergovernmental dispute over easement for water extraction
from lake, condemnation power)
CANYON REGIONAL WATER AUTHORITY v. GUADALUPE-BLANCO RIVER AUTHORITY; from Guadalupe
County; 4th district (04-05-00943-CV, 211 S.W.3d 351, 06-21-06)
The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the
trial court.
Justice Green delivered the opinion of the Court.

Justice Green delivered a dissenting opinion in Higgins II, in which Justice Wainwright and Justice
Willett joined.
Higgings v. Randall County Sheriff's Office (Higgins II), No. 06-0917 (Tex. May 16, 2008)
(Opinion by Harriet O'Neill)
LAWRENCE HIGGINS v. RANDALL COUNTY SHERIFF'S OFFICE; from Randall County; 7th district (07-05-
00004-CV, ___ S.W.3d ___, 08-22-06)
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.
Justice O'Neill delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice
Brister, and Justice Medina joined.

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

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