Feb 2009 Texas Supreme Court Opinions

TXI Operations, LP v. Perry, No. 05-0030 (Tex. Feb. 27, 2009)(Green)(premises liability, duty of warn of danger, private road defect, sufficiency of speed limit warning sign) TXI OPERATIONS, L.P. v. DAVID PERRY; from Liberty County; 9th district (09-04-00070-CV, ___ SW3d ___, 11-18-04) The Court affirms the court of appeals' judgment.Justice Green delivered the opinion of the Court, in which Chief Justice Jefferson, Justice O'Neill, Justice Wainwright, Justice Brister, Justice Medina, and Justice Johnson joined. Justice Hecht delivered a dissenting opinion, in which Justice Medina and Justice Willett joined. Dissent by Justice Nathan Hecht

Retamco Operating, Inc. v. Republic Drilling Co. No. 07-0599 (Tex. Feb. 27, 2009)(Paul Green)(personal jurisdiction over out-of-state defendant, Texas Longarm Statute, minimum contacts, UFTA, transfer of real estate interest in Texas, oil and gas law) RETAMCO OPERATING, INC. v. REPUBLIC DRILLING COMPANY; from Bexar County; 4th district (04-06-00727-CV, ___ SW3d ___, 03-28-07) The Court reverses the court of appeals' judgment and remands the case to the trial court.Justice Green delivered the opinion of the Court.

In Re Bank of America, N.A. (Tex. Feb. 27, 2009)(per curiam)(mandamus)(contractual jury waiver enforced by mandamus, conspicuousness of waiver, knowing and voluntary waiver)
IN RE BANK OF AMERICA, N.A.; from Tarrant County; 2nd district (02-05-00397-CV, 232 SW3d 145, 05-03-07)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 (Justice Johnson not sitting)

Retamco Operating, Inc. v. Douglas B. McCallum, LLC, No. 08-0405 (Tex. Feb 2009)(per curiam) (UFTA, oil and gas royalties transfer)
RETAMCO OPERATING, INC. v. DOUGLAS B. MCCALLUM, LLC; from Bexar County; 4th district (04-07-00482-CV, ___ SW3d ___, 04-09-08)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 Lovito-Nelson, No. 08-0482 (Tex. Feb. 27, 2009)(per curiam)(mandamus granted) (written order required for grant of motion for new trial; docket control order with new trial date insufficient, plenary power)
IN RE JOANNE LOVITO-NELSON; from Tarrant County 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 Jindal Saw Limited, No. 08-0805 (Tex. Feb. 27, 2009)(per curiam)(mandamus) (arbitration, nonsignatories, wrongful death beneficiaries compelled to arbitrate, workplace death)IN RE JINDAL SAW LIMITED, JINDAL ENTERPRISES LLC, AND SAW PIPES USA; from Harris County; 1st district (01-07-01068-CV, 264 SW3d 755, 05-22-08)stay order issued October 24, 2008, lifted 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

SCOTT BRISTER DISSENTS FROM DENIAL OF PETITION FOR REVIEW

Gurkoff, D.O. v. Jersak, No. 08-0398 (Tex. Feb. 27, 2009)(Brister)(Dissent from denial of petition for review) (enforcement of sanctions in the form of defendant's attorney's fees for failure to file expert report in med-mal suit)
08-0398 JERRY GURKOFF, D.O. v. ROSEMARY JERSAK; from Tarrant County; 2nd district (02‑07‑00101‑CV, ___ SW3d ___, 04‑10‑08) Justice Brister, joined by Justice Hecht, delivered an opinion dissenting from the denial of PFR.

Pine Oak Builders, Inc. v. Great American Lloyds Ins. Co., No. 06-0867 (Tex. 2009)(Willett)(insurance coverage dispute, duty to defend not triggered by allegations in suit)
PINE OAK BUILDERS, INC. v. GREAT AMERICAN LLOYDS INSURANCE COMPANY; from Harris County; 14th district (14-05-00487-CV, ___ SW3d ___, 07-06-06) 2 petitionsThe Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the trial court.Justice Willett delivered the opinion of the Court.

In re Labatt Food Service, LP, No. 07-0419 (Tex. 2009)(Johnson)(arbitration mandamus, arbitration of wrongful death claim by nonsignatories compelled)
IN RE LABATT FOOD SERVICE, L.P.; from Bexar County; 4th district (04-07-00312-CV, ___ SW3d ___, 05-16-07)The Court conditionally grants the petition for writ of mandamus.Justice Johnson delivered the opinion of the Court.

Old Farms Owners Assn., Inc. v. HISD, No. 07-0924 (Tex. 2009)(per curiam)(tax suit, tax bill mailed to incorrect address, penalties, statutory construction, effect of nonsuit)
OLD FARMS OWNERS ASSOCIATION, INC. AND SUSAN C. LEE, TRUSTEE OF THE TRUST CREATED UNDER ARTICLE IV OF THE WILL OF KATHERINE P. BARNHART, DECEASED v. HOUSTON INDEPENDENT SCHOOL DISTRICT, ET AL.; from Harris County; 1st district (01-04-00538-CV, 236 SW3d 375, 07-26-07)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 reinstates the trial court's judgment. Per Curiam Opinion

In re Coppock, No. 08-0093 (Tex. 2009)(O'Neill)(contempt in divorce case overturned by habeas corpus)
IN RE GAYLE E. COPPOCK; from Denton County; 2nd district (02-07-00427-CV, ___ SW3d ___,01-04-08) The Court grants the petition for writ of habeas corpus and sets aside the order of contempt.Justice O'Neill delivered the opinion of the Court.