2008-09-26 Release of Opinions Resumes

Nearly four weeks into the new Fiscal Year, the Supreme Court issues its first batch of opinions: Two signed opinions (one by Scott Brister and one by Chief Jefferson with a concurrence by Brister) and five per curiams (two of those on motion for rehearing).

SIGNED OPINIONS

Chief Justice Jefferson writes majority opinion finding error in denying Batson challenge to race-based strikes of jurors.

Davis v. Fisk Electric Co.,
No. 06-0162 (Tex. Sep. 26, 2008) (Jefferson) (jury selection, denial of Batson challenge to race-based juror strike was error, new trial ordered)
DONALD DAVIS v. FISK ELECTRIC COMPANY, FISK TECHNOLOGIES & FISK MANAGEMENT, INC.; from Harris County; 14th district (14-04-00790-CV, 187 SW3d 570, 01-12-06). The Court reverses in part the court of appeals' judgment and remands the case to the trial court.Chief Justice Jefferson delivered the opinion of the Court, joined by Justice Hecht, Justice O'Neill, Justice Wainwright, Justice Medina, Justice Green, Justice Johnson, and Justice Willett.
Justice Brister delivered a concurring opinion, in which Justice Medina joined as to Part III.

Justice Scott A. Brister leads Court in reversing jury award in PI case holding that evidence of corporate defendant's deep pockets should have been withheld from the jury.

Reliance Steel & Aluminum Co. v. Sevcik,
No. 06-0422 (Tex. Sep. 26, 2008)(Brister) (evidence of defendant's wealth in personal injury truck accident case not admissible; jury verdict reversed)
RELIANCE STEEL & ALUMINUM CO. AND SAMUEL ALVARADO v. MICHAEL SEVCIK AND CATHY LOTH; from Waller County; 13th district (13-03-00407-CV, ___ SW3d ___, 03-09-06) respondents' motion to strike petitioners' brief on the merits dismissed as moot. The Court reverses the court of appeals' judgment and remands the case to the trial court. Justice Brister delivered the opinion of the Court.

UNSIGNED PER CURIAM OPINIONS

MAY INSURER'S STAFF ATTORNEYS PROVIDE DEFENSE FOR INSURED?

UPLC v. Nationwide Mutual Ins. Co.,
No. 05-0130 (Tex. Sep. 26, 2008)(per curiam opinion on motion for rehearing)(legality of insurance company's use of staff attorneys to defend the insured, captive counsel, unauthorized practice of law)
UNAUTHORIZED PRACTICE OF LAW COMMITTEE v. NATIONWIDE MUTUAL INSURANCE COMPANY AND SEAN P. MARTINEZ; from Bexar County; 4th district
(04-04-00184-CV, 155 SW3d 590, 12-08-04) Per Curiam Opinion

MED-MAL CASE REMANDED TO ALLOW PLAINTIFF TO SEEK EXTENSION TO CURE DEFICIENCY IN EXPERT REPORT

Martinez-Partido v. Methodist Specialty and Transplant Hospital,
No. 06-0611 (Tex. Sep. 26, 2008)(per curiam) (HCLC, Plaintiff entitled to remand for opportunity to fix expert report found deficient on appeal) MAURICIO MARTINEZ-PARTIDO v. METHODIST SPECIALTY AND TRANSPLANT HOSPITAL; METHODIST HEALTHCARE SYSTEM OF SAN ANTONIO, LTD., L.L.P. D/B/A METHODIST SPECIALTY AND TRANSPLANT HOSPITAL; JANE OR JOHN DOE(S), HOSPITAL EMPLOYEE(S); AND JANE OR JOHN DOE(S), HOSPITAL NURSE(S); from Bexar County; 4th district (04-05-00868-CV, ___ SW3d ___, 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 vacates the court of appeals' judgment and remands the case to the trial court. Per Curiam Opinion

AWARD OF FUTURE MENTAL ANGUISH DAMAGES APPROVED IN ABUSE CASE

Adams v. YMCA of San Antonio,
No. 07-0221 (Tex. Sep. 26, 2008)(per curiam) (jury's award of future mental anguish damages in child sexual abuse case supported by the evidence)
JOHN A. ADAMS AND JANE A. ADAMS, INDIVIDUALLY, AND AS NEXT FRIENDS OF A.A., A MINOR v. YMCA OF SAN ANTONIO, D/B/A YMCA OF SAN ANTONIO AND HILL COUNTRY; from Bexar County; 4th district (04-04-00931-CV, 220 SW3d 1, 07-12-06) 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. Per Curiam Opinion

ATTORNEYS' FEE CONTRACTS: PAROL EVIDENCE RULE BARS TESTIMONY OF ALLEGED ORAL AGREEMENT TO CAP FEES NOT REDUCED TO WRITING

Sacks v. Haden,
No. 07-0472 (Tex. Sep. 26, 2008)(substituted per curiam opinion on motion for rehearing)(parol evidence rule precludes consideration of evidence of oral agreement to cap attorney fees where written letter agreement on fees did not mention cap)
DAVID J. SACKS, P.C. D/B/A SACKS & ASSOCIATES v. CHARLES MCINTYRE HADEN, JR., INDIVIDUALLY, AND CHARLES MCINTYRE HADEN, JR. & COMPANY D/B/A HADEN & COMPANY; from Harris County; 1st district (01-01-00200-CV, 222 SW3d 580, 03-08-07) motion for rehearing granted. The Court's opinion and judgment of July 11, 2008 are withdrawn and the opinion and judgment of this date are substituted.
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, renders judgment in part, and remands the case to the court of appeals. Per Curiam Opinion

EMINENT DOMAIN: TEXAS SUPREME COURT AGAIN FAVORS THE STATE IN DISPUTE OVER CONDEMNATION DAMAGES

State of Texas v. Dawmar Partners, Ltd., No. 07-0548 (Tex. Sep. 26, 2008)(per curiam) (condemnation appeal, State prevails)
THE STATE OF TEXAS v. DAWMAR PARTNERS, LTD., A TEXAS LIMITED PARTNERSHIP, AND HOWARD WAYNE GRUETZNER AND BEVERLY ANN GRUETZNER (A/K/A BEVERLY G. SHAW), CO-INDEPENDENT EXECUTORS OF THE ESTATE OF MARTHA LILLIAN ATTAWAY GRUETZNER (A/K/A MARTHA LILLIAN ATTAWAY GRUETSNER); from McLennan County; 10th district (10-06-00136-CV, ___ SW3d ___, 05-30-07) 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 the trial court. Per Curiam Opinion