Texas Supreme Court Resumes Handing Down Opinions - Arbitration Cases Figure Prominently

August 24, 2007 - Released Opinions.

In re Merrill Lynch, No. 04-0865 (Tex. Aug. 24, 2007)(Brister)(arbitration)
IN RE MERRILL LYNCH TRUST COMPANY FSB, MERRILL LYNCH LIFE INSURANCE COMPANY, AND HENRY MEDINA; from Nueces County; 13th district (13‑04‑00150‑CV, 159 SW3d 162, 08‑05‑04) stay order issued January 24, 2005, lifted The Court conditionally grants the petition for writ of mandamus.Justice Brister delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Green, and Justice Willett joined, and in which Justice Hecht and Justice Medina joined as to Parts I, III-A, and IV, and Justice O’Neill joined as to Parts I, III, and IV, and Justice Wainwright and Justice Johnson joined as to Parts I, II, and IV.
Justice Hecht delivered an opinion concurring in part and dissenting in part, in which Justice Medina joined and in which Justice O’Neill joined as to Part I.
Justice Johnson delivered an opinion concurring in part and dissenting in part, in which Justice Wainwright joined.

In re Kaplan Higher Educ. Corp., No. 06-0072 (Tex. Aug. 24, 2007)(per curiam)(arbitration mandamus) IN RE KAPLAN HIGHER EDUCATION CORPORATION AND LETICIA VENTURA; from Hidalgo County; 13th district (13‑05‑00617‑CV, ___ SW3d ___, 01‑10‑06)Pursuant to Texas Rule of Appellate Procedure 52.8, without hearing oral argument, the Court conditionally grants the petition for writ of mandamus.Per Curiam Opinion

In Re H&R Block No. 04-0061 (Tex. Aug. 24, 2007)(per curiam)(arbitration mandamus)
IN RE H&R BLOCK FINANCIAL ADVISORS, INC. AND ROBERT BULLOCK; from Hidalgo County; 13th district (13‑03‑00289‑CV, ___ SW3d ___, 11‑06‑03)stay order issued October 14, 2005, liftedPursuant 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

Energy Service Co. of Bowie, Inc. v. Superior Snubbing Services, Inc., No. 05-0202 (Tex. Aug. 24, 2007)(Hecht)(worker's comp, indemnity)
ENERGY SERVICE COMPANY OF BOWIE, INC. v. SUPERIOR SNUBBING SERVICES, INC.; from Wise County; 2nd district (02‑04‑00131‑CV, 158 SW3d 112, 02‑03‑05)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 Brister, Justice Medina, and Justice Lang joined. Justice Johnson delivered a dissenting opinion, in which Justice Wainwright, Justice Green, and Justice Willett joined.(Justice Douglas S. Lang sitting by appointment pursuant to section 22.005 of the Texas Government Code)(Justice O'Neill not sitting)

Fort Worth ISD v. Service Employment Redevelopment, No. 05-0427 (Tex. Aug. 24, 2007)(per curiam)(breach of contract immunity, Tooke v. Mexia progeny)
FORT WORTH INDEPENDENT SCHOOL DISTRICT v. SERVICE EMPLOYMENT REDEVELOPMENT; from Tarrant County; 2nd district (02‑03‑00116‑CV, 163 SW3d 142, 03‑03‑05) 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(Justice Willett not sitting)

Gaines v. Kelly, No. 05-1092 (Tex. Aug. 24, 2007)(Medina)(financial transactions, lending, apparent authority)
RUSSELL GAINES AND SOUTHWEST GUARANTY MORTGAGE CORP. v. ROGER KELLY; from Johnson County; 10th district (10‑03‑00369‑CV, 181 SW3d 394, 09‑28‑05) The Court reverses the court of appeals' judgment and renders judgment. Justice Medina delivered the opinion of the Court.

Elledge v. Friberg-Cooper Water Supply Corp., No. 06-0677 (Tex. Aug. 24, 2007)(per curiam)(statute of limitations for unjust enrichment)
BOBBY ELLEDGE D/B/A ELLEDGE CONSTRUCTION COMPANY AND/OR ELLEDGE CONSTRUCTION COMPANY v. FRIBERG-COOPER WATER SUPPLY CORPORATION; from Wichita County; 2nd district (02‑05‑00203‑CV, 197 SW3d 826, 06‑22‑06). 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 renders judgment.