Sep. 28, 2007 Supreme Court Opinions (Tex. 2007)

Texas Supreme Court hands down two signed opinions - authored by Justice Wainwright and Justice Johnson - and decides two more sovereign immunity cases per curiam.

National Plan Administrators, Inc. v. National Health Ins. Co.,
No. 05‑0006 (Tex. Sep. 28, 2007)(Johnson)(commercial law, contract, insurance code, thirda party administrator, no fiduciary duty)
NATIONAL PLAN ADMINISTRATORS, INC. AND CRS MARKETING AGENCY, INC. v. NATIONAL HEALTH INSURANCE COMPANY; from Travis County; 3rd district (03‑03‑00306‑CV, 150 SW3d 718, 09‑10‑04)2 petitions
The Court reverses the court of appeals' judgment and renders judgment.
Justice Johnson delivered the opinion of the Court.

Texas Parks & Wildlife Dep't v. E.E. Lowrey Realty, Ltd.,
No. 05‑0157 (Tex. Sep. 28, 2007)(per curiam)(sovereign immunity, official capacity claims)
THE TEXAS PARKS AND WILDLIFE DEPARTMENT, DOUG HAMMIT, AND MARVIN C. WILLS, JR. v. E.E. LOWREY REALTY, LTD. D/B/A GATESVILLE STORAGE AND THE ESTATE OF E.E. LOWERY; from Coryell County; 10th district (10‑02‑00317‑CV, 155 SW3d 456, 11‑03‑04)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses in part the court of appeals' judgment and renders judgment. Per Curiam Opinion.

A.G. Edwards & Sons, Inc. v. Beyer, No. 05‑0580 (Tex. Sep. 28, 2007)(Wainwright)(consumer law, financial services, breach of contract, joint account with right of survivorship, Texas Probate Code, attorney's fees)
A.G. EDWARDS & SONS, INC. v. MARIA ALICIA BEYER; from El Paso County; 8th district (08‑03‑00495‑CV, 170 SW3d 684, 06‑30‑05)
The Court affirms the court of appeals' judgment in part, reverses in part, and remands the case to the trial court. Justice Wainwright delivered the opinion of the Court.

Lamesa ISD v. Booe dba Booe Roofing Co., No. 05‑0959 (Tex. Sep. 28, 2007)(per curiam)(sovereign immunity to breach of contract claim, opportunity to amend, citing Koseoglu, Tooke progeny)
LAMESA INDEPENDENT SCHOOL DISTRICT v. DAVID BOOE D/B/A BOOE ROOFING COMPANY; from Dawson County; 11th district (11‑03‑00394‑CV, ___ SW3d ___, 08‑31‑05)
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 that court. Per Curiam Opinion.