law-certified-questions
TEXAS SUPREME COURT OPINIONS ON CERTIFIED QUESTIONS
FROM THE FIFTH CIRCUIT
Severance v. Patterson, No. 09-0387 (Tex. Jul. 29, 2011)(per curiam)(abatement of Open Beaches Act
case) Pursuant to article V, section 3-c of the Texas Constitution and Texas Rule of Appellate Procedure 58.1,
this Court agreed to answer questions of state law certified from the United States Court of Appeals for the Fifth
Circuit. We issued the opinion on November 5, 2010. We later granted rehearing. While rehearing was pending,
Appellant Carol Severance sold the property at issue to the City of Galveston in a Federal Emergency
Management Agency buyout program for homes damaged by Hurricane Ike. Appellees contend that Severance's
sale of the real property renders moot both the underlying lawsuit and our consideration of the certified
questions on rehearing, and warrants vacating the original opinion. Severance disputes these contentions. The
parties have notified the United States Court of Appeals for the Fifth Circuit of the sale.
The determination whether the federal lawsuit is moot must be made by the Fifth Circuit. We abate our
consideration on rehearing of the certified questions pending this mootness determination.
CAROL SEVERANCE v. JERRY PATTERSON, COMMISSIONER OF THE TEXAS GENERAL LAND OFFICE;
GREG ABBOTT, ATTORNEY GENERAL FOR THE STATE OF TEXAS; AND KURT SISTRUNK, DISTRICT
ATTORNEY FOR THE COUNTY OF GALVESTON, TEXAS
The Court abates consideration on rehearing of the certified questions pending the mootness determination of
the United States Court of Appeals for the Fifth Circuit.
Per Curiam Opinion [pdf]
(Chief Justice Jefferson not sitting)
View Electronic Briefs (including numerous amicus briefs)
SEVERANCE v. JERRY PATTERSON, COMMISSIONER OF THE TEXAS GENERAL LAND OFFICE
Severance v. Patterson, No. 09-0387 (Tex. Nov. 5, 2010)(certified question from 5th Cir.)
CAROL SEVERANCE v. JERRY PATTERSON, COMMISSIONER OF THE TEXAS GENERAL LAND OFFICE;
GREG ABBOTT, ATTORNEY GENERAL FOR THE STATE OF TEXAS; AND KURT SISTRUNK, DISTRICT
ATTORNEY FOR THE COUNTY OF GALVESTON, TEXAS
The Court answers the question certified by the United States Court of Appeals for the Fifth Circuit.
Justice Wainwright delivered the opinion of the Court, in which Justice Hecht, Justice Green, Justice Johnson,
Justice Willett, and Justice Guzman joined. [pdf]
Justice Medina delivered a dissenting opinion, in which Justice Lehrmann joined. [pdf]
(Chief Justice Jefferson not sitting)
See E-briefs in 09-0387 SEVERANCE v. JERRY PATTERSON, COMMISSIONER OF THE TEXAS GENERAL
LAND OFFICE
THE FOLLOWING CERTIFIED QUESTION
FROM THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
WAS ACCEPTED MAY 15, 2009:
09-0387
CAROL SEVERANCE v. JERRY PATTERSON, COMMISSIONER OF THE TEXAS GENERAL LAND OFFICE;
GREG ABBOTT, ATTORNEY GENERAL FOR THE STATE OF TEXAS; AND KURT SISTRUNK, DISTRICT
ATTORNEY FOR THE COUNTY OF GALVESTON, TEXAS
[Note: The date and time for oral argument are yet to be determined.]
(Chief Justice Jefferson not sitting)
TEXAS SUPREME COURT OPINIONS ON CERTIFIED QUESTIONS
FROM THE FIFTH CIRCUIT (Tex. 2008)
Don's Building Supply, Inc. v. Onebeacon Ins. Co., No. 07-0639 (Tex. Aug. 29, 2008)(Willett)
(certified questions)(insurance coverage dispute, duty to defend, eight corners rule, belated discovery of
residential construction defect)
DON'S BUILDING SUPPLY, INC. v. ONEBEACON INSURANCE COMPANY, AS ASSIGNEE OF POTOMAC
INSURANCE COMPANY OF ILLINOIS
The Court answers the questions certified by the United States Court of Appeals for the Fifth Circuit.
Justice Willett delivered the opinion of the Court.
Owens & 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)
Justice Brister delivered a concurring opinion.
Justice O'Neill delivered a dissenting opinion, in which Justice Medina, Justice Johnson, and Justice Willett joined.
Also see:
Texas Causes of Action | 2011 Texas Supreme Court Opinions | 2011 Tex Sup Ct Per Curiams
Texas Caselaw Topics Pages | Texas Opinions homepage |