April 2009 Texas Supreme Court Opinions (Tex. 2009)

April 17, 2009 Tex. Decisions

In Re Gulf Exploration, (Tex. 2009)
No 07-0055 (Tex. Apr. 17, 2009)(Brister) (arbitration mandamus, mandamus against order compelling arbitration as opposed to order denying arbitration)
IN RE GULF EXPLORATION, LLC, ET AL.; from Midland County; 11th district (11-06-00244-CV, 211 SW3d 828, 11-30-06). The Court conditionally grants the petition for writ of mandamus. Justice Scott Brister delivered the opinion of the Court.

Mann Frankfort Stein & Lipp Advisors v. Fielding, (Tex. 2009)
No. 07-0490 (Tex. Apr. 17, 2009)(Johnson) (enforceability of covenant not to compete, at will employment, confidentiality)
MANN FRANKFORT STEIN & LIPP ADVISORS, INC., MFSL GP, L.L.C., AND MFSL EMPLOYEE INVESTMENTS, LTD. v. BRENDAN J. FIELDING; from Harris County; 1st district (01-05-01080-CV, 263 SW3d 232, 05-03-07). The Court reverses the court of appeals' judgment and renders judgment.
Justice Phil Johnson delivered the opinion of the Court.
Justice Nathan Hecht delivered a concurring opinion

Tanner v. Nationwide Mutual Fire Ins. Co., (Tex. 2009)
No. 07-0760 (Tex. Apr. 21, 2009)(Willett) (insurance coverage dispute, intentional injury exclusion) GREG TANNER AND MARIBEL TANNER, INDIVIDUALLY AND AS NEXT FRIENDS OF K.T. AND R.T., MINOR CHILDREN v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY; from Caldwell County; 11th district (11-05-00371-CV, 232 SW3d 330, 08-09-07) The Court reverses the court of appeals' judgment and renders judgment.
Justice Don R. Willett delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice O'Neill, Justice Wainwright, Justice Medina, Justice Green, and Justice Johnson joined.
Justice Brister delivered a dissenting opinion

Fort Brown Villas III Condo Ass'n. v. Gillenwater, (Tex. 2009)
No. 07-1028 (Tex. Apr. 17, 2009)(premises liability suit, exclusion of evidence not produced in discovery, witness exclusion, undesignated witness, mandatory exclusion at trial vs. in relation to summary judgment)(untimely disclosed expert witness excluded from no-evidence summary judgment proceeding)(affidavit of expert witness excluded from summary judgment response because not timely disclosed under the discovery control plan)
FORT BROWN VILLAS III CONDOMINIUM ASSOCIATION, INC. D/B/A FORT BROWN CONDOSHARES AND LRI MANAGEMENT, INC. v. COY GILLENWATER; from Cameron County; 13th district (13-06-00478-CV, ___ SW3d ___, 11-01-07)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 renders judgment.
Per Curiam Opinion (Justice Johnson not sitting)

April 3, 2009 Tex. Sup. Ct. Opinions

Entergy Gulf States, Inc. v. Summers (Tex. 2009)
No. 05-0272 (Tex. Apr. 3, 2009)(Substitute opinion by Justice Paul Green) (premises owner as general contractor for workers compensation exclusive remedy purposes, industrial plants, industrial accidents, refinery explosion)
ENTERGY GULF STATES, INC. v. JOHN SUMMERS; from Jefferson County; 9th district (09-04-00152-CV, ___ SW3d ___, 12-30-04) The Court reverses the court of appeals' judgment and renders judgment.Justice Green delivered the opinion of the Court, in which Justice Wainwright and Justice Brister joined, and in Parts I, II, III, IV, V, VI, VIII and IX of which Justice Hecht joined, and in Parts I, II, III, IV, V, VI, VII, and IX of which Justice Johnson joined, and in Parts I, II, III, VI, VII, and IX of which Justice Willett joined.
Justice Hecht delivered a concurring opinion of the Court.
Justice Willett delivered a concurring opinion.
Justice O'Neill delivered a dissenting opinion, in which Chief Justice Jefferson and Justice Medina joined.

Hcbeck, Ltd. v. Rice, (Tex. 2009)
No. 06-0418 (Tex. Apr. 3, 2009)(Opinion by Justice Paul Green)(worker's compensation, exclusive remedy defense, extent to which a general contractor must “provide” workers’ compensation insurance under the Act to qualify for statutory employer status and the resulting immunity from the work-related claims of a subcontractor’s employees)
HCBECK, LTD. v. CHARLES RICE; from Tarrant County; 2nd district (02-05-00239-CV, ___ SW3d ___, 04-06-06) The Court reverses the court of appeals' judgment and renders judgment.
Justice Green delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice Wainwright, and Justice Brister joined, and in Parts I, II, III, IV, V, and VII of which Justice Willett joined.
Justice Johnson delivered a dissenting opinion, in which Justice Medina joined. (Justice O'Neill not sitting)

Ford Motor Co. v. Castillo, (Tex. 2009)
No. 06-0875 (Tex. 2009)(Phil Johnson)(products liability defendant entitled to opportunity to conduct discovery on affirmative defenses to breach of settlement claim based on suspicion of improper juror conduct) (Ford given chance to show it was justified in backing out of settlement agreement because of allegedly misleading message from presiding jury regarding damages, which prompted settlement)
FORD MOTOR COMPANY v. EZEQUIEL CASTILLO, ET AL.; from Cameron County; 13th district (13-04-00638-CV, 200 SW3d 217, 06-08-06) The Court reverses the court of appeals' judgment and remands the case to the trial court. Justice Johnson delivered the opinion of the Court.
Justice Wainwright delivered a concurring opinion, in which Justice Medina joined.

SWBT v. Harris County Toll Road Authority, (Tex. 2009)
No. 06-0933 (Tex. 2009)(Jefferson)(eminent domain, county entity immune to claim for reimbursement of costs of telephone line relocation necessitated by toll road project. SWBT has no vested property interest in use of public way for transmission equipment). SOUTHWESTERN BELL TELEPHONE, L.P., D/B/A SBC TEXAS v. HARRIS COUNTY TOLL ROAD AUTHORITY AND HARRIS COUNTY; from Harris County; 1st district (01-05-00668-CV, 263 SW3d 48, 09-14-06) The Court affirms the court of appeals' judgment.
Chief Justice Jefferson delivered the opinion of the Court.