This week's crop of Texas Supreme Court opinions: Four signed opinions (2 by Chief Jefferson and 2 by Justice Green each) with three concurrences, and two per curiams - one of them explaining why mandamus relief should be denied on a recusal issue. (Texas appeals courts rarely elaborate on the reasons mandamus is denied. Some justice deny petitions summarily in one-sentence "opinions" and even sign their names as "opinion authors", thus inflating their "signed opinions" stats, - one measure of appellate judge productivity)
GOVERNMENT ENTITIES, JURISDICTION, DECLARATORY JUDGMENT
Houston Municipal Employees Pension System v. Ferrell, No. 05-0587 (Tex. Nov. 30, 2007)(Green)(public employment, retirement plans, UDJA, jurisdiction, nonsuit)
HOUSTON MUNICIPAL EMPLOYEES PENSION SYSTEM v. CRAIG E. FERRELL, JR., ET AL.; from Harris County; 1st district (01-03-00925-CV, 177 S.W.3d 502, 05/20/05). Respondent Craig Ferrell Jr.'s request for non-suit without prejudice granted. The Court vacates 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 Hecht, Justice O'Neill, Justice Wainwright, Justice Brister, Justice Medina, and Justice Johnson joined. Justice Brister delivered a concurring opinion, in which Justice O'Neill joined. (Justice Willett not sitting)
GOVERNMENT ENTITY LAW, PUBLIC EMPLOYMENT, WHISTLEBLOWERS
Montgomery County v. Park, No. 05-1023 (Tex. Nov. 30, 2007)(Opinion by Chief Justice Jefferson)(public employment, governmental entities cases, WBA, Texas Whistleblower Act, adverse employment personnel action) MONTGOMERY COUNTY, TEXAS v. DAVID PARK; from Montgomery County; 10th district (10-04-00231-CV, ___ S.W.3d ___, 10/19/05). The Court reverses the court of appeals' judgment and renders judgment. Chief Justice Jefferson delivered the opinion of the Court.
HEALTH CARE LIABILITY CLAIMS (HCLC) EXPERT REPORT REQUIREMENT DEFICIENT REPORTS, INTERLOCUTORY APPEALS
Ogletree, MD v. Matthews, No. 06-0502 (Tex. Nov. 30, 2007)(Jefferson)(HCLC, medical malpractice cases, timely but deficient expert report, interlocutory appeal) JAN N. OGLETREE, M.D. AND HEART HOSPITAL OF AUSTIN v. NANCY KAY MATTHEWS AND LUANN MATTHEWS; from Travis County; 3rd district (03-05-00317-CV, 212 S.W.3d 331, 05/05/06)2 petitions. The Court affirms the court of appeals' judgment. Chief Justice Jefferson delivered the opinion of the Court, in which Justice Hecht, Justice O'Neill, Justice Wainwright, Justice Brister, Justice Medina, Justice Green, Justice Johnson, and Justice Willett joined.
Justice Willett delivered a concurring opinion.
INSURANCE RATE REGULATION, CLASS ACTIONS
Mid-Century Ins. Co. v. Ademaj, No. 05-0016 (Tex. Nov. 30, 2007)(Opinion by Justice Green) (insurance case law, rate regulation, billing of anti-theft fee)
MID-CENTURY INSURANCE COMPANY OF TEXAS AND TEXAS FARMERS INSURANCE COMPANY v. SHEFQET ADEMAJ; from Henderson County; 12th district (12-03-00028-CV, 202 S.W.3d 176, 11/24/04). 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 Wainwright, Justice Brister, Justice Johnson, and Justice Willett joined. Justice O'Neill delivered a concurring opinion, in which Justice Medina joined. (Justice Hecht not sitting)
CONSUMER LAW, CLASS ACTIONS, SUPREME DECERTIFICATION
Best Buy Co. v. Barrera, No. 07-0028 (Tex. Nov. 30, 2007)(per curiam)(consumer case law, class decertified)
BEST BUY CO. AND BEST BUY STORES, L.P. v. VELMA V. BARRERA, INDIVIDUALLY AND ON BEHALF OF OTHERS SIMILARLY SITUATED; from Nueces County; 13th district (13-05-00258-CV, 214 S.W.3d 66, 11/30/06). 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 the trial court.
JUDICIAL INTEGRITY, RECUSAL OF JUDGES, ASSIGNMENT OF CASES
In re McKee, MD No. 06-0055 (Tex. Nov. 30, 2007)(per curiam)(ethics law, recusal of judge, administrative order)
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED: 06-0055 IN RE EDGAR GEER MCKEE, M.D.; from Grayson County
Friday, November 30, 2007
Saturday, November 3, 2007
Justice O'Neill Day at Texas Supreme Court
Nov. 2, 2007 - Texas Supreme Court hands down four per curiam opinions and two signed opinions, both authored by Justice Harriet O'Neill. In its oldest case decided today, the Court addresses the trial court's scope of discretion when dismissal for forum non-conveniens is sought, and splits three ways, with plurality, concurring and dissenting opinions. Justice O'Neill's other opinion resolves a conflict among the Texas courts of appeals on the effect of a reversal of termination of parental rights cases on the trial court's award of managing conservatorship to CPS. Today's per curiam opinions address issues in appellate procedure, the requirements for enforceability of Rule 11 agreements, and the remand for retrial of attorney's fees following reduction of the the amount of damages on appeal.
In Re Pirelli Tire, LLC, No. 04-1129 (Tex. Nov. 2, 2007)(O'Neil)(plurality opinion by Justice O'Neill)(forum non conveniens, improper forum)
IN RE PIRELLI TIRE, L.L.C.; from Cameron County; 13th district (13-04-00584-CV, ___ SW3d ___, 12/03/04) motion to strike real parties in interest's letter briefing dismissed as moot. The Court conditionally grants the petition for writ of mandamus. Justice O’Neill announced the Court’s disposition and delivered an opinion joined by Justice Hecht, Justice Brister, and Justice Medina. Justice Willett delivered a concurring opinion joined as to Part I by Justice Wainwright. Justice Johnson delivered a dissenting opinion, in which Chief Justice Jefferson joined. (Justice Green not sitting)
In Interest of J.A.J., No. 07-0511 (Tex. Nov. 2, 2007)(O'Neill)(termination of parental rights, conservatorship to CPS not appealed)
IN THE INTEREST OF J.A.J., A CHILD; from Harris County; 14th district (14-04-01031-CV, 225 SW3d 621, 05/10/07); Fourteenth Court of Appeals Justice Kem Thompson Frost dissented in In Interest of J.A.J.
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court affirms in part and reverses in part the court of appeals' judgment and renders judgment. Justice Harriet O'Neill delivered the opinion of the Court.
Springer v. Springer, No. 06-0382 (Tex. Nov. 2, 2007)(per curiam)(timelines for appeal)
MICHAEL DAVID SPRINGER v. LISA FERGASON SPRINGER; from Johnson County; 10th district (10-06-00040-CV, ___ SW3d ___, 03‑22‑06) 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.
Sprowl v. Payne, No. 06-0533 (Tex. Nov. 2, 2007)(per curiam)(appellate procedure, payment for record, indigence)
LINDA SPROWL AND J.S., A CHILD v. GEORGE MARTIN PAYNE; from Dallas County; 5th district (05-06-00062-CV, ___ SW3d ___, 05‑04‑06)respondent's motion to strike and to disregard the appendices granted 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.
Knapp Medical Center v. De La Garza, No 06-0575 (Tex. Nov. 06-0575) (per curiam)(enforceability of Rule 11 Agreement)
KNAPP MEDICAL CENTER v. JAVIER E. DE LA GARZA, AND JAVIER E. DE LA GARZA, M.D., P.A.; from Hidalgo County; 13th district (13-04-00269-CV, ___ SW3d ___, 05/25/06) 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.
Bossier Chrysler-Dodge II, Inc. v. Rauschenberg, No. 06-0874 (Tex. Nov. 2, 2007)(per curiam)(remand for retrial of attorneys fees after reduction of damages on appeal)
BOSSIER CHRYSLER-DODGE II, INC., D/B/A BOSSIER COUNTRY v. BRYAN RAUSCHENBERG; from Freestone County; 10th district (10-05-00140-CV, 201 SW3d 787, 06/14/06) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court affirms in part and reverses in part the court of appeals' judgment and remands the case to that court.
In Re Pirelli Tire, LLC, No. 04-1129 (Tex. Nov. 2, 2007)(O'Neil)(plurality opinion by Justice O'Neill)(forum non conveniens, improper forum)
IN RE PIRELLI TIRE, L.L.C.; from Cameron County; 13th district (13-04-00584-CV, ___ SW3d ___, 12/03/04) motion to strike real parties in interest's letter briefing dismissed as moot. The Court conditionally grants the petition for writ of mandamus. Justice O’Neill announced the Court’s disposition and delivered an opinion joined by Justice Hecht, Justice Brister, and Justice Medina. Justice Willett delivered a concurring opinion joined as to Part I by Justice Wainwright. Justice Johnson delivered a dissenting opinion, in which Chief Justice Jefferson joined. (Justice Green not sitting)
In Interest of J.A.J., No. 07-0511 (Tex. Nov. 2, 2007)(O'Neill)(termination of parental rights, conservatorship to CPS not appealed)
IN THE INTEREST OF J.A.J., A CHILD; from Harris County; 14th district (14-04-01031-CV, 225 SW3d 621, 05/10/07); Fourteenth Court of Appeals Justice Kem Thompson Frost dissented in In Interest of J.A.J.
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court affirms in part and reverses in part the court of appeals' judgment and renders judgment. Justice Harriet O'Neill delivered the opinion of the Court.
Springer v. Springer, No. 06-0382 (Tex. Nov. 2, 2007)(per curiam)(timelines for appeal)
MICHAEL DAVID SPRINGER v. LISA FERGASON SPRINGER; from Johnson County; 10th district (10-06-00040-CV, ___ SW3d ___, 03‑22‑06) 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.
Sprowl v. Payne, No. 06-0533 (Tex. Nov. 2, 2007)(per curiam)(appellate procedure, payment for record, indigence)
LINDA SPROWL AND J.S., A CHILD v. GEORGE MARTIN PAYNE; from Dallas County; 5th district (05-06-00062-CV, ___ SW3d ___, 05‑04‑06)respondent's motion to strike and to disregard the appendices granted 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.
Knapp Medical Center v. De La Garza, No 06-0575 (Tex. Nov. 06-0575) (per curiam)(enforceability of Rule 11 Agreement)
KNAPP MEDICAL CENTER v. JAVIER E. DE LA GARZA, AND JAVIER E. DE LA GARZA, M.D., P.A.; from Hidalgo County; 13th district (13-04-00269-CV, ___ SW3d ___, 05/25/06) 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.
Bossier Chrysler-Dodge II, Inc. v. Rauschenberg, No. 06-0874 (Tex. Nov. 2, 2007)(per curiam)(remand for retrial of attorneys fees after reduction of damages on appeal)
BOSSIER CHRYSLER-DODGE II, INC., D/B/A BOSSIER COUNTRY v. BRYAN RAUSCHENBERG; from Freestone County; 10th district (10-05-00140-CV, 201 SW3d 787, 06/14/06) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court affirms in part and reverses in part the court of appeals' judgment and remands the case to that court.
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