2008-01-25 Texas Supreme Court Hands Down Eight Opinions

SIGNED SUPREME COURT OPINIONS RELEASED JAN. 25, 2008:

City of Rockwall, Texas vs. Hughes, No. 05 0126 (Tex. Jan. 25, 2008) (Phil Johnson)
Arkoma Basin Exploration Co. v. FMF Associates, 1990-A. Ltd., No. 03-1066 (Tex. Jan. 25, 2008) (Scott Brister)
AIC Management vs. Crews, No. 05-0270 (Tex. Jan. 25, 2008)(Harriet O’Neill)
In re BP Products North America, Inc., No. 07-0119 (Tex. Jan. 25, 2008)(Gaultney, sitting by assignment)

PER CURIAM OPINIONS ISSUED TODAY:

Living Centers of Texas, Inc. vs. Penalver, No. 06-0929 (Tex. Jan. 25, 2008) (per curiam)
Nueces County vs. San Patricio County, No. 07 0166 (Tex. Jan. 25, 2008) (per curiam)
In Re Torry, No. 08-0057 (Tex. Jan. 25, 2008) (per curiam)
Warwick Towers Council of Co-Owners vs. Park Warwick LP, No. 07-0384 (Tex. Jan 25, 2008) (per curiam)

Also see ---> Texas Supreme Court January 25, 2008 Weekly Orders

CASE DETAILS AND LINKS TO OPINIONS

Arkoma Basin Exploration Co., No. 03-1066 (Tex. Jan. 25, 2008) (Brister) (jury award of fraud damages reversed)
ARKOMA BASIN EXPLORATION COMPANY, INC., ET AL. v. FMF ASSOCIATES 1990-A, LTD., ET AL.; from Rockwall County; 5th district (05-02-00669 CV, 118 S.W.3d 445, 08-21-2003)motion to release security dismissed as mootThe Court affirms in part and reverses in part the court of appeals' judgment and renders judgment.Justice Brister delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice Wainwright, Justice Green, Justice Medina, Justice Johnson, and Justice Willett joined.
Justice O'Neill filed a concurring and dissenting opinion.

City of Rockwall, Texas v. Hughes, No. 05-0126 (Tex. Jan 25, 2008) (Johnson) (annexation, arbitration)
THE CITY OF ROCKWALL, TEXAS v. VESTER T. HUGHES, AS SOLE INDEPENDENT EXECUTOR OF THE ESTATE OF W. W. CARUTH, DECEASED; from Rockwall County; 5th district (05-04-01562-CV, 153 S.W.3d 709, 01-20-2005)
The Court reverses the court of appeals' judgment and renders judgment.Justice Johnson delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Wainwright, Justice Medina, and Justice Green joined.
Justice Willett filed a dissenting opinion, in which Justice Hecht, Justice O'Neill, and Justice Brister joined.

AIC Management v. Crews, No. 05-0270 (Tex. Jan 25, 2008)(O’Neill) (condemnation, jurisdiction of Harris County Civil Courts at Law)
AIC MANAGEMENT v. RHONDA S. CREWS, CURTIS CALDWELL CREWS, ANNETTE CREWS, DENISE CLAUDEN CREWS, AND CLAUDE CREWS, JR., THE HEIRS OF EMMA CREWS, VALDA CREWS, AND EVA FAY GROSS, AND ALDINE INDEPENDENT SCHOOL DISTRICT; from Harris County; 1st district (01-03 01178-CV, ___ S.W.3d ___, 02-03-2005) (Opinion of the Court of Appeals - by Higley)
The Court reverses the court of appeals' judgment and remands the case to the trial court. Justice O'Neill delivered the opinion of the Court.
Justice Willett filed a concurring opinion.

Living Centers of Texas, Inc. v. Penalver, No. 06-0929 (Tex. Jan. 25, 2008)(per curiam) (wrongful death, improper jury argument)
LIVING CENTERS OF TEXAS, INC., CYNDI BROWN, LNFA, AND KIMBERLY BORDOVSKY, DON v. AUGUSTINE PEÑALVER, INDIVIDUALLY AND AS INDEPENDENT EXECUTOR OF THE ESTATE OF MARIA BELIA PEÑALVER, DECEASED, AND RAMON PEÑALVER; from Bexar County; 4th district (04-05-00565-CV, 217 S.W.3d 44, 09-13-2006) 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 remands the case to the trial court. Per Curiam Opinion

In re BP Products North America, Inc., No. 07-0119 (Tex. Jan. 25, 2008)(Gaultney, sitting by assignment)(apex deposition, discovery mandamus granted)IN RE BP PRODUCTS NORTH AMERICA, INC.; from Galveston County; 1st district (01-06-00943 CV, ___ S.W.3d ___, 02-09-2007) Opinion below: In re BP Products North America Inc., (Tex.App.- Houston [1st Dist.] Feb. 9, 2007)(per curiam) motion to dismiss mandamus as moot, deniedstay order issued February 22, 2007, liftedThe Court conditionally grants the petition for writ of mandamus. [Trial court judge: Susan Criss]Justice Gaultney delivered the opinion of the Court.(Justice Gaultney sitting by commission pursuant to Section 22.005 of the Texas Government Code)(Justice O'Neill not sitting)

Nueces County v. San Patricio County, No. 07-0166 (Tex. Jan. 25, 2008)(per curiam) (governmental immunity)NUECES COUNTY v. SAN PATRICIO COUNTY; from Refugio County; 13th district (13-05-00022 CV, 214 S.W.3d 536, 12-07-2006) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court vacates the court of appeals' judgment and renders judgment. Per Curiam Opinion

Warwick Towers Council of Co-Owners v. Park Warwick LP, No. 07-0384 (Tex. Jan 25, 2008)(per curiam)(insurance law, sufficiency, effectiveness of notice of appeal in insured's name)WARWICK TOWERS COUNCIL OF CO-OWNERS, BY AND THROUGH ST. PAUL FIRE & MARINE INSURANCE COMPANY v. PARK WARWICK, L.P., PARK WARWICK INVESTMENTS, L.L.C., AND PARK HOTEL INVESTMENTS, L.L.C.; from Harris County; 14th district (14-05-00254-CV, 218 S.W.3d 149,01-11-2007) [Justice Seymore dissented in the court of appeals] 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

In Re Torry, No. 08-0057 (Tex. Jan. 25, 2008)(per curiam) (election mandamus against Democratic Party chair)
IN RE LARHONDA TORRY; 1st district (01-08-00031 CV, ___ S.W.3d ___, 01-18-2008) motion for temporary relief dismissed as moot Pursuant 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