June 29, 2007 Texas Supreme Court Opinions

Supreme Court releases opinions addressing intersection of tort law and first amendment (religion), sovereign immunity, mandatory forum selection, constructive trust, liability for workplace injury, and insurance subrogation. In a rare move, the Court, which is generally seen as pro-defendant, rules in favor of a prisoner who could not get to a U.S. mail box to make his notice of appeal timely under the customary application of the mailbox rule. Holding that the prisoner did all he could by placing the notice in the prison's outgoing mai lbox, the Court reverses the dismissal order of the court below, and reinstates the appeal.

Westbrook v. Penley, No. 04-0838 (Tex. Jun. 29, 2007)(O’Neill)(professional negligence tort against paster; ecclesiastical matter not subject to civil court jurisdiction as a matter of constitutional law, first amendment, freedom of religion, privacy, disclosure of affair)
C.L. Westbrook, Jr. V. Peggy Lee Penley; from Tarrant County; 2nd district (02 02 00260 CV, 146 S.W.3d 220, May 2, 2004)
The Court reverses the court of appeals' judgment and dismisses the case for want of jurisdiction.
Justice O'Neill authored the opinion of the Court

Stephen F. Austin State Univ. v. Flynn, No. 04-0515 (Tex. Jun. 29, 2007)(Texas Tort Claims Act, TCA, recreational use statute, sovereign immunity; suit dismissed as jurisdictionally barred)
Stephen F. Austin State University v. Diane Flynn; from Nacogdoches County; 12th district (12 03 00240 CV, 202 S.W.3d 167, April 30, 2004)
The Court reverses the court of appeals' judgment and renders judgment dismissing the case.
Justice Medina authored the opinion of the Court, in which Chief Justice Jefferson, Justice O'Neill, Justice Brister, Justice Green, and Justice Johnson joined, and in all but Part III of which Justice Hecht, Justice Wainwright, and Justice Willett joined.
Justice Hecht wrote a concurring opinion, in which Justice Wainwright and Justice Willett joined.
In Re Autonation, Inc., No. 05-0311 (Tex. Jun. 29, 2007)(Opinion by Justice Willett)(mandamus)(contractual forum selection clause enforced, mandamus relief granted, covenant not to compete, noncompete)
In re Autonation, Inc. and Auto M. Imports North, Ltd. D/b/a Mercedes-Benz of Houston-North; from Harris County; 14th district (14 05 00362 CV, ___ S.W.3d ___, Apr. 15, 2005)
stay order issued December 5, 2005, lifted
The Court conditionally grants the petition for writ of mandamus.
Justice Willett delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice Wainwright, Justice Brister, Justice Medina, Justice Green, and Justice Johnson joined.
Justice O'Neill delivered a concurring opinion.

Fortis Benefits v. Cantu, No. 05-0791 (Tex. Jun. 29, 2007)(Opinion by Justice Willett)(insurance law, subrogation)
Fortis Benefits V. Vanessa Cantu and Ford Motor Company; from Johnson County; 10th district (10 04 00080 CV, 170 S.W.3d 755, Jul. 13, 2005)
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.

Central Ready Mix Concrete Co., Inc. v. Islas, No. 05-0940 (Tex. Jun. 29, 2007)(Opinion by Justice Brister)(liability for work-related injury, independent contractor, degree of control, negligence, duty)
Central Ready Mix Concrete Company, Inc. v. Luciano Islas; from Hidalgo County; 13th district (13 03 00099 CV, ___ S.W.3d ___, Feb. 24, 2005)
motion to order respondent to revise his response dismissed as moot
motion to strike dismissed as moot
The Court reverses the court of appeals' judgment and renders judgment.
Justice Brister delivered the opinion of the Court.

Ramos v. Richardson, No. 06-0336 (Tex. Jun. 29, 2007)(per curiam)(prisoner suit, timeliness of notice of appeal, construction of mailbox rule)
Armando Ramos, Sr., et al. v. Dr. Ian Richardson & Valley Baptist Medical Center, et. al.; from Cameron County; 13th district (13 05 00204 CV&13 05 00205 CV, ___ S.W.3d ___, Feb. 9, 2006)
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.

Wilz v. Flournoy, No. 06-0913 (Tex. Jun. 29, 2007)(per curiam)(constructive trust, breach of fiduciary duty, trust, conversion, invocation of fifth amendment privilege in civil proceeding)
Patricia Wilz, Guardian of Jon Patrick Flournoy, an Incapacitated Person V. Kenneth W. and June Flournoy; from Limestone County; 10th district (10 05 00089 CV, 201 S.W.3d 833, July 19, 2006)
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.