Thursday, January 29, 2009

Jan 2009 Texas Supreme Court Opinions

Columbia Med. Ctr. of Las Colinas, Inc., No. 04-0575 (Tex. 2009)(substituted corrected opinion)(reh'g denied) (medical malpractice, gross negligence, punitive damages)
COLUMBIA MEDICAL CENTER OF LAS COLINAS, INC. D/B/A LAS COLINAS MEDICAL CENTER v. ATHENA HOGUE, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF ROBERT HOGUE, JR., DECEASED, CHRISTOPHER HOGUE, AND ROBERT HOGUE, III; from Dallas County; 5th district (05-03-00279-CV, 132 SW3d 671, 04-13-04) corrected opinion issuedOpinions Issued on January 9, 2009

Graber v. Fuqua, No, 05-0303 (Tex. 2009)(Green)
THOMAS GRABER AND HOPKINS & SUTTER v. RICHARD L. FUQUA; from Hidalgo County; 13th district (13-03-00135-CV, 158 SW3d 635, 03-03-05) The Court affirms the court of appeals' judgment.Justice Green delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice O'Neill, and Justice Johnson joined. Justice Wainwright delivered a dissenting opinion, in which Justice Brister, Justice Medina, and Justice Willett joined.

Badiga v. Lopez, No. 05-0801 (Tex. 2009)(Jefferson)
S. MURTHY BADIGA, M.D. v. MARICRUZ LOPEZ; from Hidalgo County; 13th district (13-04-00452-CV, ___ SW3d ___, 07-07-05) The Court reverses the court of appeals' judgment and remands the case to that court.Chief Justice Jefferson delivered the opinion of the Court, in which Justice Hecht, Justice O'Neill, Justice Wainwright, Justice Green, Justice Johnson, and Justice Willett joined. Justice Brister delivered a dissenting opinion, in which Justice Medina joined.

In re International Profit Associates, Inc. No. 08-0238 (Tex. 2009)(per curiam)
IN RE INTERNATIONAL PROFIT ASSOCIATES, INC.; INTERNATIONAL TAX ADVISORS, INC.; AND IPA ADVISORY AND INTERMEDIARY SERVICES, LLC; from Hidalgo County; 13th district (13-08-00052-CV, ___ SW3d ___, 02-21-08)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

In re DFPS, No. 08-0524 (Tex. 2009)(Johnson)
IN RE DEPARTMENT OF FAMILY & PROTECTIVE SERVICES; from Harris County; 1st district (01-08-00348-CV, 265 SW3d 545, 06-30-08) stay order issued July 3, 2008, lifted. The petition for writ of mandamus is denied.Justice Johnson delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Wainwright, Justice Green, and Justice Willett joined.
Justice Hecht delivered a dissenting opinion, in which Justice Brister joined. Justice Brister delivered a dissenting opinion, in which Justice Hecht, Justice O'Neill, and Justice Medina joined.