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.