2009-10-30 Tex. Sup. Ct. Opinions

Texas Supreme Court Opinions Issued October 30, 2009

ATTORNEY'S FEES OCCASIONED BY PROFESSIONAL NEGLIGENCE OF ATTORNEY(S) RECOVERABLE BY CLIENT AS DAMAGES IN SUBSEQUENT LEGAL MALPRACTICE SUIT - "AMERICAN RULE" NOTWITHSTANDING

Akin, Gump, Strauss, Hauer & Feld, LLP v. National Development and Research Corp. No. 07-0818 (Tex. Oct. 30, 2009)(Johnson)(legal malpractice, damages dependent on collectibility or would-be judgment, attorney's fees caused by malpractice as recoverable damages, the American Rule)(fee forfeiture remedy for breach of fiduciary duty to client distinguished) (proper amount of attorney's fees damages to be determined upon remand)
AKIN, GUMP, STRAUSS, HAUER & FELD, L.L.P. v. NATIONAL DEVELOPMENT AND RESEARCH CORPORATION; from Dallas County; 5th district (05-06-01024-CV, 232 SW3d 883, 08-29-07) 2 petitions
The Court reverses the court of appeals' judgment, renders judgment in part, and remands the case in part to the court of appeals.
Justice Johnson delivered the opinion of the Court.
Related Tex Parte post: Texas Supreme Court: Legal malpractice client can recover fees it paid

CORRECT AMOUNT OF FRAUD DAMAGES TO BE FIGURED ON REMAND, VIA REMITTITURE OR NEW TRIAL

Aquaplex, Inc v. Rancho La Valencia, Inc., No. 08-0280 (Tex. Oct 30, 2009)(per curiam) (fraud damages, proving amount of damages, remittiture by court of appeals or new trial)
AQUAPLEX, INC. AND JAMES EDWARD JONES, JR. v. RANCHO LA VALENCIA, INC. AND CHARLES R. "RANDY" TURNER; from Travis County; 7th district (07-06-00157-CV, 253 SW3d 728, 11-02-07)
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 that court.

COURT OF APPEALS SHOULD NOT HAVE RENDERED JUDGMENT IN INVERSE CONDEMNATION APPEAL; CASE TO GO BACK TO TRIAL COURT FOR FURTHER PROCEEDINGS

City of Houston v. Trail Enterprises, Inc. No. 08-0413 (Tex. Oct. 30, 2009)(per curiam) (ripeness doctrine, inverse condemnation ripe, regulatory takings claim, zoning)(remanded to trial court)
CITY OF HOUSTON, TEXAS v. TRAIL ENTERPRISES, INC. D/B/A WILSON OIL COMPANY, ET AL.; from Harris County; 10th district (10-05-00382-CV, 255 SW3d 105, 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.

VICE-PRINCIPALS WHO DEFAMED EMPLOYEE WITH KNOWLEDGE OF FALSITY TRIGGERED KNOWING-FALSEHOOD EXCLUSION OF COMMERCIAL INSURANCE POLICY'S PI/LIBEL/SLANDER COVERAGE. INSURER EXCUSED FROM PAYING.

Chrysler Ins. Co., v. Greenspoint Dodge of Houston, Inc., No. 08-0780 (Tex. Oct. 30, 2009)(per curiam) (insurance coverage dispute, knowledge of falsity exclusion to defamation liability coverage based on knowledge of vice-principals; knowledge imputed on insured, thus exclusion applies, warranting take-nothing judgment)
CHRYSLER INSURANCE COMPANY, FORMERLY KNOWN AS DAIMLERCHRYSLER INSURANCE COMPANY v. GREENSPOINT DODGE OF HOUSTON, INC.; from Harris County;
1st district (01-05-01115-CV, 265 SW3d 52, 04-10-08) 2 petitions
motion to dismiss the cross-petition on behalf of Jack Apple, Jr. granted
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 renders judgment.
(Justice Guzman not sitting)

DEFAULT JUDGMENT REVERSED ON HYPER-TECHNICALITY IN FORM. - SERVICE OF CITATION WAS BY CERTIFIED MAIL, BUT SUPREMES FIND FAULT WITH ABSENCE OF A NOTATION AS TO THE HOUR ON THE RETURN (as if it could ever make any difference). -- Even the slightest irregularity will do to throw out a [default] judgment for a Plaintiff.

Insurance Company of the State of Pennsylvania v. Lejeune, No. 08-0829 (Tex. Oct. 30, 2009) (per curiam) (restricted appeal of default judgment, error on the face of the record, time of service not noted on return of citation)
INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA v. EDWARD LEJEUNE; from Red River County; 6th district (06-07-00142-CV, 261 SW3d 852, 08-20-08)
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.