Friday, October 23, 2009

Texas Supreme Court's First Set of Opinions in New FY Does Not Suggest Any Impending Shift


MISSION STATEMENT: THE BUSINESS OF AN ALL-REPUBLICAN TEXAS SUPREME COURT IS TO REVERSE JURY VERDICTS IN TORT CASES AGAINST CORPORATE DEFENDANTS.

A VARIETY OF LEGAL THEORIES WILL DO, INCLUDING FEDERAL PREEMPTION

October 23, 2009 Opinions

AS LONG AS THE NUMBER OF FOOTNOTES EXCEEDS 50, IT MUST BE THE CORRECT DECISION (AFTER ALL, WHO HAS THE TIME TO ACTUALLY READ HECHT'S OPINIONS AND UNDERSTAND THAT FEDERAL INVOLVEMENT WAS MEANT TO PROMOTE SAFETY AND PREVENT TRAGEDIES SUCH AS THIS ONE, RATHER THAN PROVIDE AN EXCUSE TO THROW OUT A JURY AWARD IN A WRONGFUL DEATH CASE IN THE NAME OF FEDERAL PREEMPTION?)


Missouri Pacific RR Co. v. Limmer, No. 06-0023 (Tex. Oct. 23, 2009)(Hecht) (judgment on jury verdict in wrongful death case arising from train-truck collision reversed based on federal preemption) MISSOURI PACIFIC RAILROAD COMPANY D/B/A UNION PACIFIC RAILROAD COMPANY v. PATRICIA LIMMER, BILLYE JOYCE SMITH, AND BOBBY JEAN NOTHNAGEL; from Harris County;14th district (14-02-00688-CV, 180 SW3d 803, 11-29-05) 2 petitions The Court reverses the court of appeals' judgment and renders judgment.Justice Hecht delivered the opinion of the Court in which Chief Justice Jefferson, Justice Wainwright, Justice Medina, Justice Green, Justice Johnson, and Justice Willett joined.(Justice O'Neill and Justice Guzman not sitting)(Newly appointed Justice Eva Guzman is the author of the opinion in the court of appeals)(reversal and remand not sufficient, new colleagues hold, take-nothing judgment must be entered)

WHAT HAPPENS WHEN A JUDGMENT IS REVERSED THAT HAS ALREADY BEEN PAID TO AVOID CONTINUING ACCRUAL OF INTEREST? CAN THE SUCCESSFUL APPELLANT GET THE MONEY BACK?

Miga v. Jensen, No. 07-0123 (Tex. 2009)(Jefferson) (recovery of money paid on judgment upon reversal on appeal, restitution, unjust enrichment) (voluntary payment rule inapplicable) DENNIS L. MIGA v. RONALD L. JENSEN; from Tarrant County;2nd district (02-05-00277-CV, ___ SW3d ___, 11-30-06). The Court affirms the court of appeals' judgment. Chief Justice Jefferson delivered the opinion of the Court.

FEE RECOVERY LIMITED

Smith v. Patrick W. Y. Tam Trust, No. 07-0970 (Tex. Oct. 23, 2009)(Jefferson) (reasonableness of attorneys fees when recovery of damages is less than what was sought) LAURI SMITH AND HOWARD SMITH v. PATRICK W.Y. TAM TRUST; from Collin County;5th district (05-06-00356-CV, 235 SW3d 819, 07-31-07). 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.

DEBT COLLECTORS / THIRD-PARTY DEBT BUYERS CAN'T DO NO WRONG - SUPREME COURT BLESSES ATTEMPTS TO USE (AND BURDEN) STATE COURT SYSTEM TO COLLECT CREDIT CARD DEBT ALREADY DISCHARGED IN BANKRUPTCY

Unifund CCR Partners v. Villa, No. 08-1026 (Tex. Oct. 23, 2009)(per curiam) (sanctions for filing suit to collect debt discharged in bankruptcy reversed) UNIFUND CCR PARTNERS v. JAVIER VILLA; from Webb County;4th district (04-07-00465-CV, 273 SW3d 385, 09-17-08) 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 renders judgment. Per Curiam Opinion

FORMER EMPLOYEE COMPELLED TO ARBITRATE (WHAT ELSE IS NEW?)

In Re Polymerica, LLC, No. 08-1064 (Tex. Oct. 23, 2009)(per curiam) (arbitration mandamus granted) IN RE POLYMERICA, LLC D/B/A GLOBAL ENTERPRISES, INC.; from El Paso County; 8th district (08-08-00070-CV, 271 SW3d 442, 11-25-08) stay order of February 24, 2009 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

ORDERS ON MOTIONS FOR REHEARING


EVEN ODD MINI-SUPPL-OPS WILL BOOST THE PRODUCTIVITY STATS: SUPREMES ISSUE PER CURIAM ON MOTION FOR REHEARING THAT DOES NOT EVEN CITE ORIGINAL OPINION, AND DOES NOT SAY WHO O'CONNOR IS (no, it's not the former U.S. Supreme Court Justice)

In Re Houston Pipe Line Co, LP., No. 08-0800 (Tex. Oct. 23, 2009)(per curiam) (opinion on denial of motion for rehearing) (limited discovery prior to arbitration sometimes permissible) IN RE HOUSTON PIPE LINE COMPANY, L.P., ET AL.; from Victoria County;13th district (13-07-00299-CV & 13-07-00362-CV, 269
SW3d 90, 08-26-08). Supplemental Per Curiam Opinion

Friday, October 2, 2009

Texas Supreme Court's Petition Denials So Far for FY 2009-2010


The Texas Supreme Court has only issued a single opinion in the new fiscal year (which began September 1) - a per curiam mandamus grant in a discovery dispute. The Court has already denied dozens of petitions for review (PFRs) however. (list updated Oct. 19, 2009)

To wit:

THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED OCT 16, 2009:

09-0575
09-0612
NAZARETH INTERNATIONAL, INC. v. J.C. PENNEY COMPANY, INC. AND J.C. PENNEY CORPORATION, INC.; from Collin County;5th district (05-07-01578-CV, 287 SW3d 452, 06-12-09) as redrafted (action for the price of goods, merchant business-to-business sales)

09-0621
09-0663
09-0674
09-0680
09-0682
ROY JONES v. POLK MECHANICAL COMPANY, LLC; from Bexar County;4th district (04-08-00509-CV, ___ SW3d ___, 07-01-09, pet. denied Oct 2009)(limitations discovery rule, standing issue as basis for summary judgment)

09-0718

THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED OCT 9, 2009:

09‑0424
FREDRICK GILANI v. MOJGAN JALAILI-NAEINI; from Denton County;2nd district (02‑09‑00015‑CV, ___ SW3d ___, 03‑19‑09, pet denied Oct 2009)(untimely notice of appeal, jurisdictional dismissal required)

09‑0507
CARLOS A.L. VAUGHN v. NATRENIA L. HICKS, ET AL.; from Anderson County;14th district (14‑08‑00726‑CV, ___ SW3d ___, 04‑16‑09)Vaughn v. Hicks (Tex.App.- Houston [14th Dist.] Apr. 16, 2009, pet. denied Oct 2009)(per curiam) (pro se prisoner suit should have been dismissed without prejudice, rather than with prejudice)

09‑0551
09‑0624
BOBBY LUCKY v. KITCHEN CAPTAIN HAINES ET AL.; from Taylor County;11th district (11‑08‑00252‑CV, ___ SW3d ___, 05‑07‑09, pet. denied Oct 2009)(inmate suit re: contaminated food, dismissal affirmed)

09‑0631
ELIJAH W. RATCLIFF v. LHR, INC.; from Polk County;9th district (09‑07‑00566‑CV, ___ SW3d ___, 05‑28‑09, pet. denied Oct 2009)(debt suit, breach of retail installment contract, summary judgment for plaintiff suing as assignee affirmed, no-evidence motion for summary judgment on counterclaim granted and affirmed, adequacy of time prior to no-evidence summary judgment)

09‑0656
GEORGE DIEHL DOLAN v. ZELIE M. DOLAN; from Harris County;1st district (01‑07‑00694‑CV, ___ SW3d ___, 06‑18‑09, pet. denied Oct 2009) Dolan v. Dolan (Tex.App.- Houston [1st Dist.] Jun. 18, 2009. pet. denied Oct 2009) (probate law, trustee, breach of fiduciary duty, preservation of error)

09‑0687
09‑0727

THE FOLLOWING PETITIONS FOR REVIEW WERE
DENIED OCT. 2, 2009


09-0589
ABDER EL HAMAD v. COMMERCIAL BOARD OF ADJUSTMENT, A DIVISION OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF FORT WORTH; from Tarrant County; 2nd district (02-08-00294-CV, ___ SW3d ___, 05-14-09, pet. denied Oct 2009) (zoning board decision appeal)

09-0615

KATHRYN ANN RACKLEY v. ADVANCED CYCLING CONCEPTS, INC. D/B/A PUMP IT UP!; from Dallas County; 13th district (13-08-00254-CV, ___ SW3d ___, 03-19-09, pet. denied Oct 2009) (PI affirmative defense of assumption of risk, release)

09-0629
HEALTHSOUTH MEDICAL CENTER AND HEALTHSOUTH PLANO REHABILITATION HOSPITAL v. PRICEWATERHOUSECOOPERS L.L.P. AND ROYAL & SUN ALLIANCE INSURANCE PLC; from Dallas County; 5th district (05-06-01041-CV, ___ SW3d ___, 08-31- 07, pet. denied Oct 2009)

09-0632
APRIL AND JOSHUA RAY VAN HOOSE v. VANDERBILT MORTGAGE AND FINANCE, INC.; from Milam County; 3rd district (03-08-00573-CV, ___ SW3d ___, 05-08-09, pet. denied Oct 2009)(deemed admissions, failure to show good cause for withdrawal, pro se suit)

09-0689

JIMMY ZAMARRIPA v. SYLVIA ZAMARRIPA; from Fort Bend County; 14th district (14-08-00083-CV, ___ SW3d ___, 06-30-09, pet. denied Oct 2009)(divorce marital property law, dispute over characterization and division of retirement benefits, separate vs. community property, presumption of community property not rebutted, QDRO)

09-0712
IN THE INTEREST OF D.H., S.H. AND B.H., CHILDREN; from Taylor County; 11th district (11-08-00294-CV, ___ SW3d ___, 07-30-09, pet. denied Oct 2009) (termination of parental rights, incarcerated parent, bench warrant)

09-0722

ANNETTE MCCARTY v. CLINTON T. MONTGOMERY, AS MANAGING TRUSTEE OF THE TRIMONT IRREVOCABLE TRUSTS AND ELTON MONTGOMERY, THIRD-PARTY DEFENDENT; from Palo Pinto County; 11th district (11-07-00317-CV, 290 SW3d 525, 06-11- 09, pet. denied Oct 2009)


THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED SEP. 25, 2009:

08-0755
CITY OF DEL RIO v. CLAYTON SAM COLT HAMILTON TRUST, BY AND THROUGH ITS TRUSTEE, J.R. HAMILTON; from Val Verde County; 4th district (
04-06-00782-CV
, 269 SW3d 613, 02-27-08, pet. denied Sep. 2009, pet. denied Sep. 2009)

08-0881
IN THE MATTER OF T.A., A JUVENILE; from Midland County; 11th district (11-06-00342-CV, ___ SW3d ___, 09-04-08, pet. denied Sep. 2009)(juvenile case, delinquent conduct
by committing the offense of unauthorized use of a vehicle on six separate occasions) as redrafted

08-0917
IN THE INTEREST OF J.I.M., A MINOR; from El Paso County; 8th district (08-05-00302-CV, 281 SW3d 504, 08-21-08, pet. denied Sep. 2009)(SAPCR modification, child support arrears
)

08-0940
TENNESSEE GAS PIPELINE COMPANY v. TECHNIP USA CORPORATION AND TECHNIP, S. A.; from Harris County; 1st district (01-06-00535-CV
, ___ SW3d ___, 12-21-07, pet. denied Sep. 2009)(commercial breach of contract dispute, parent guaranty) 2 petitions

09-0037
AIG ANNUITY INSURANCE COMPANY, ET AL. v. SEARS, ROEBUCK AND CO.; from Dallas County; 5th district (05-07-00758-CV
, 270 SW3d 632, 08-21-08, pet. denied Sep. 2009) (breach of indenture agreement)

09-0050
JOHNNY RODRIGUEZ, JR. v. ICON BENEFIT ADMINISTRATORS, INC.; from Lubbock County; 7th district (07-07-00039-CV, ___ SW3d ___, 10-15-08, pet. denied Sep. 2009)(dissenting opinion)(does erroneous dismissal with prejudice, as opposed to dismissal without prejudice, have res judicata effect
?)

09-0085
DICK'S LAST RESORT OF THE WEST END, INC., DICK'S LAST RESORT OF DALLAS, INC., DICK'S LAST RESORT OF TEXAS, INC., DICK'S LAST RESORT OF CHICAGO, INC., DICK'S HOLDING COMPANY, INC. AND STEVEN SCHIFF v. MARKET/ROSS, LTD. AND WILLIAM H. NABORS; from Dallas County; 5th district (05-07-01220-CV
, 273 SW3d 905, 12-31-08, pet. denied Sep. 2009) (submission of issues to the jury, affirmative defenses)

09-0104
MARBLE FALLS INDEPENDENT SCHOOL DISTRICT v. ROBERT SCOTT, HONORABLE
COMMISSIONER OF EDUCATION FOR THE STATE OF TEXAS, THORNTON KEEL, DONNA KEEL, MICHAEL HELLRUNG, DONNA HELLRUNG, WILLIAM PASCHALL, DAVID WOMACK, NATALIE KLOSS, DARRYL HUBBELL AND AMY HUBBELL; from Travis County; 3rd district (03-07-00576-CV, 275 SW3d 558, 11-14-08, pet. denied Sep. 2009)

09-0138
CITY OF AUSTIN, ET AL. v. NORTHWEST AUSTIN MUNICIPAL UTILITY DISTRICT NO. 1
, ET
AL.; from Travis County; 3rd district (
03-04-00240-CV, 274 SW3d 820, 11-14-08, pet. denied Sep. 2009) 2 petition motion to amend petition for review denied ("allocation agreement" under section 54.016(f) of the Texas Water Code
)

09-0248
DEWAYNE FUNDERBURK, AS NEXT FRIEND OF WHITNEY FUNDERBURK v. RORY LEWIS, M. D.; from Limestone County; 10th district (10-05-00197-CV
, ___ SW3d ___, 12-31-08, pet. denied Sep. 2009) 2 petitions (med-mal suit)

09-0325
AON RISK SERVICES OF TEXAS, INC. v. HORIZON OFFSHORE CONTRACTORS, INC. AND HORIZON VESSELS, INC.; from Harris County; 14th district (14-07-00549-CV, 283 SW3d 53, 03-12-09, pet. denied Sep. 2009)(breach of fiduciary duty, election of remedies, judicial estoppel
)

09-0329
TRINITY RIVER AUTHORITY OF TEXAS v. BOYER, INC.; from Tarrant County; 2nd district (02-07-00052-CV
, 279 SW3d 354, 01-17-08, pet. denied Sep. 2009)

09-0335
H.C. BECK PARTNERS, LTD. v. AUSTIN INDEPENDENT SCHOOL DISTRICT; from Travis County; 3rd district (03-07-00228-CV, ___ SW3d ___, 03-13-09, pet. denied Sep. 2009)(with dissenting opinion by Henson)(breach of construction contract claim
, subrogation rights)

09-0383
EMORY B. PERRY, ET AL. v. DARRYL R. COHEN, ET AL.; from Travis County; 3rd district (03-05-00786-CV, 285 SW3d 137, 03-26-09, pet. denied Sep. 2009) (concurring opinion) (Justice Hecht not sitting)(special exceptions
)

09-0386
RAYMOND SOMERS, DERIVATIVELY ON BEHALF OF EGL, INC. v. JAMES R. CRANE,
MILTON CARROLL, JAMES C. FLAGG, FRANK J. HEVRDEJS, PAUL W. HOBBY, MICHAEL K. JHIN, NEIL E. KELLEY, SHERMAN WOLFF, CENTERBRIDGE PARTNERS, L.P., THE WOODBRIDGE CO. LTD. AND NOMINAL DEFENDANT EGL, INC.; from Harris County; 1st district (01-07-00754-CV, ___ SW3d ___, 03-26-09, pet. denied Sep. 2009)(shareholder derivative suit, breach of fiduciary duty, standing) 2 petitions

- consolidated with -

09-0394
RAYMOND SOMERS, DERIVATIVELY ON BEHALF OF EGL, INC. v. JAMES R. CRANE,
MILTON CARROLL, JAMES C. FLAGG, FRANK J. HEVRDEJS, PAUL W. HOBBY, MICHAEL K.
JHIN, NEIL E. KELLEY, SHERMAN WOLFF, CENTERBRIDGE PARTNERS, L.P., THE
WOODBRIDGE CO. LTD. AND NOMINAL DEFENDANT EGL, INC.; from Harris County; 1st
district (
01-08-00119-CV, ___ SW3d ___, 03-26-09, pet. denied Sep. 2009) (plea to the jurisdiction on the ground that Somers lacked standing to sue derivatively, special exceptions, motion to dismiss
)

09-0390
ZURICH AMERICAN INSURANCE COMPANY v. SANDRA DEBOSE; from Harris County; 1st district (01-08-00717-CV, ___ SW3d ___, 03-26-09, pet. denied Sep. 2009) (no final judgment, appeal dismissed for want of jurisdiction
)

09-0398
C. SPRINGS 300, LTD. v. HARTFORD FIRE INSURANCE COMPANY; from Harris County; 1st district (01-06-00065-CV, 287 SW3d 771, 04-16-09, pet. denied Sep. 2009)(construction law, bonding
)

09-0423
GLORIA CELESTE LOVING v. CITY OF HOUSTON; from Harris County; 14th district (14-07-00621-CV, 282 SW3d 555, 01-08-09, pet. denied Sep. 2009) (Public Information Act (PIA) pka open records act)


09-0434
LILLIAN MARIAN FOOTE TIGARD, ET AL. v. SEYED HASSAN MOOSAVIDEEN; from Harris County; 1st district (01-06-00002-CV, ___ SW3d ___, 11-20-08, pet. denied Sep. 2009) (lease law, real estate transactions and litigation, purchase option)

09-0484
THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, GALLAGHER BASSETT SERVICES, INC. AND BELINDA YBARRA v. SUE ANN STINSON; from Harris County; 14th district (14-07-00698-CV, 286 SW3d 77, 04-30-09, pet. denied Sep. 2009) (extra-contractual claims against appellees the Insurance Company)(workers compensation denial of claim) (failure to exhaust available administrative remedies)

09-0492
MOTIENT CORPORATION v. HIGHLAND CRUSADER OFFSHORE PARTNERS, L.P.; HIGHLAND EQUITY FOCUS FUND, L.P.; HIGHLAND CAPITAL MANAGEMENT, L.P.; HIGHLAND
CAPITAL MANAGEMENT SERVICES, INC.; from Dallas County; 5th district (05-07-01735-CV, 281 SW3d 237, 03-06-09, pet. denied Sep. 2009) (res judicata, collateral estoppel, judicial estoppel, ratification)

09-0498
BEDRIJE HAJDARI SEYMOUR v. FLOYD DAVID SEYMOUR; from Harris County; 14th district (14-07-00280-CV, ___ SW3d ___, 02-24-09, pet. denied Sep. 2009) (restricted appeal requisites, non-participation at trial
, waiver of citation, appearance)

09-0503
RICHARD LOUIS SIMMONS AND LINDIG CONSTRUCTION AND TRUCKING, INC. v. EDMOND L. BISLAND III AND RHONDA BISLAND; from Hays County; 3rd district (03-08-00141-CV
, ___ SW3d ___, 04-09-09, pet. denied Sep. 2009)(motor vehicle wreck, prejudgment interest)

09-0509
JAY PETROLEUM, L.L.C. v. EOG RESOURCES, INC. F/K/A ENRON OIL & GAS COMPANY; from Harris County; 1st district (01-08-00541-CV
, ___ SW3d ___, 05-07-09, pet. denied Sep. 2009)(scope of remand, implications of relief requested or not prayed for in court of appeals, remand of counterclaims, attorney's fees, fact issue as to reasonableness of attorney's fees, inflated number of hours claimed, controverting countervailing fee affidavit by attorney) (Justice O'Neill not sitting, pet. denied Sep. 2009)

09-0527
XTRIA LLC v. INTERNATIONAL INSURANCE ALLIANCE INCORPORATED; from Dallas County; 6th district (06-08-00073-CV, 286 SW3d 583, 05-15-09, pet. denied Sep. 2009) (arbitration award confirmation
, manifest disregard of the law by arbitrator, gross mistake as grounds for vacatur discussed)

09-0546
SALLY DOE v. TEXAS ASSOCIATION OF SCHOOL BOARDS, INC. AND TEXAS ASSOCIATION
OF SCHOOL BOARDS RISK MANAGEMENT FUND; from Denton County; 2nd district (02-08-00266-CV, 283 SW3d 451, 03-05-09, pet. denied Sep. 2009) (sex assault on pupil, indemnity)

09-0548
CLIFTON JERRY LANDRY v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE - INSTITUTIONAL DIVISION, COMMISSARY AND TRUST FUND DEPARTMENT, ET AL.; from Walker County; 10th district (10-09-00108-CV, ___ SW3d ___, 05-20-09, pet. denied Sep. 2009) (untimely appeal dismissed for want of jurisdiction
)

09-0553
DERWEN RESOURCES, LLC AND SHRINERS HOSPITALS FOR CHILDREN, INC. v. CARRIZO OIL & GAS, INC.; from Liberty County; 9th district (09-07-00597-CV, ___ SW3d ___, 05-28-09, pet. denied Sep. 2009) This dispute involves the interpretation of a deed conveying an interest
in real estate, chain of title)

09-0608
ANDREW R. MIRELES v. JENNIFER S. MIRELES; from Harris County; 1st district (01-08-00499-CV, ___ SW3d ___, 04-02-09, pet. denied Sep. 2009) (void order, same-sex marriage divorce, collateral attack on divorce judgment
)

09-0611
YIGAL BOSCH v. MARK S. ARMSTRONG, PAUL BAILIFF AND SQUIRE, SANDERS AND DEMPSEY, L.L.P.; from Harris County; 1st district (01-08-00847-CV, ___ SW3d ___, 06-11- 09, pet. denied Sep. 2009)(suit barred by judicial communications tort immunity, absolute privilege for communications in court proceeding
, sanctions for baseless claim)

09-0664
XIAO YU ZHONG AND YING CHUN MA, INDIVIDUALLY AND AS NEXT FRIEND OF HONG YA ZHONG AND DAONAN HE, MINOR CHILDREN v. SUNBLOSSOM GARDENS, L.L.C. D/B/A SUNBLOSSOM GARDENS; from Harris County; 1st district (01-08-00470-CV, ___ SW3d ___, 04-30-09, pet. denied Sep. 2009)(premises liability, crime on apartment premises
)

09-0666
BRUCE Q. MARTIN v. DENISE L. MARTIN; from Grayson County; 5th district (05-07-01571-CV, 287 SW3d 260, 04-13-09, pet. denied Sep. 2009) (enforceability of marital property agreement. fraud, duress
)

09-0676
JACK D. BROCK v. JULIE FREDERICK TANDY; from Tarrant County; 2nd district (02-08-00400-CV, ___ SW3d ___, 07-02-09, pet. denied Sep. 2009) (libel per se, actual malice
)

09-0684
IN RE COMMITMENT OF DON DAVIS, JR.; from Montgomery County; 9th district (09-08-00124-CV
, ___ SW3d ___, 06-25-09, pet. denied Sep. 2009) (SVP commitment)

09-0690
RAGHBIR SANDHU v. PINGLIA INVESTMENTS OF TEXAS, L.L.C. AND SUMMER PINGLIA; from Harris County; 14th district (14-08-00184-CV, ___ SW3d ___, 06-25-09, pet. denied Sep. 2009)(promissory note suit, SJ for plaintiff affirmed) (commercial real estate transaction: financing of purchase of shopping center, suit for breach of promissory note
, summary judgment procedure, affirmative defenses not properly asserted in response to Plaintiff's motion, proof of balance due and damages in note suit)

09-0749
PHILL RAIJE RIAN v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Williamson County; 3rd district (
03-08-00155-CV, ___ SW3d ___, 07-31-09, pet. denied Sep. 2009) as corrected (termination of parental rights affirmed) (concurring opinion)


THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED SEP 18, 2009 :

09-0559
JEFFREY I. RUBINETT v. SHARON M. RUBINETT; from Tarrant County; 2nd district (02-08-00021-CV, ___ SW3d ___, 05-14-09, pet. denied Sep 2009) (SAPCR divorce case, allocation of specific parental rights
)

09-0565
LONE STAR STORAGE TRAILER, II LTD. AND LONE STAR STORAGE TRAILER v. VILLAGE OF SALADO; from Bell County; 3rd district (03-06-00572-CV, ___ SW3d ___, 04-10-09, pet. denied Sep 2009) (declaratory judgment action to declare annexation ordinance void
)

09-0569
KRISTOFER THOMAS KASTNER v. THE KROGER COMPANY, ET AL.; from Harris County; 14th district (
14-08-01001-CV
, ___ SW3d ___, 04-09-09, pet. denied Sep. 2009) (dismissal) (opinion not online)

09-0578
MICHAEL KENNEDY v. CHARLES STEEN AND DETECTIVE MUNNIZ, IN THEIR INDIVIDUAL AND OFFICIAL CAPACITY; from Anderson County; 14th district (14-08-00603-CV, ___ SW3d ___, 06-18-09, pet. denied Sep 2009) (prison inmate litigation dismissal
)

09-0587
JOHN KLOTZ STOKES, M.D. v. DAVID DELAROSA; from Travis County; 3rd district (03-06-00785-CV, ___ SW3d ___, 06-04-09, pet denied Sep. 2009) (denial of motion to dismiss med-mal suit affirmed, expert report requirement
)

09-0622
GARRY JENKINS v. STATE AND COUNTY MUTUAL INSURANCE COMPANY
; from Tarrant
County; 2nd district (
02-08-00279-CV, 287 SW3d 891, 06-11-09, pet. denied Sep. 2009) as redrafted (default judgment against additional insured, is insurer liable in the absence of notice?)


09-0711
RALPH O. DOUGLAS v. ELISE SELMA DOUGLAS; from Harris County; 14th district (14-08-00277-CV, ___ SW3d ___, 03-26-09, pet. denied Sep. 2009) (dismissal) (untimely notice of appeal)(motion for extension of time to file NoA)

THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED SEP. 11, 2009:

09-0545
JAMES KENNETH COLLINS v. STACEY LEIGH COLLINS; from Montgomery County; 13th district (13-07-00240-CV, ___ SW3d ___, 03-12-09, pet denied Sep. 2009)(clarification of divorce decree, right of first refusal
) motion to dismiss petition for review denied

09-0556
USDR, INC. AND JOHN ROBINSON v. CABOT CAPITAL CORPORATION AND CABOT ESTATES, LLC; from Tarrant County; 8th district (08-07-00202-CV, ___ SW3d ___, 04-30-09, pet denied Sep. 2009) (witness testimony should have been excluded
)

09-0619
MICHAEL JOSEPH LESSARD, DOROTHY ELAINE LESSARD, MONICA JEAN LESSARD AND
JEANNE MARIA LESSARD v. VELSICOL CHEMICAL CORP.; from Live Oak County; 13th district (13-00-00113-CV, ___ SW3d ___, 04-23-09, pet. denied Sep. 2009) (DWOP and denial of motion to reinstate affirmed)

THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED SEP. 4, 2009

09-0381
JOHN A. LYONS v. LAURI D. LYONS; from Bexar County; 4th district (04-08-00259-CV, ___ SW3d ___, 01-14-09, pet. denied Sep. 2009) (divorce appeal, business records affidavit defective, findings of fact & conclusions of law, error preservation for appellate review
) as redrafted

09-0385
DONALD RAY MCCRAY v. HARRIS COUNTY, ET AL.; from Travis County; 3rd district (03-08-00210-CV, ___ SW3d ___, 02-18-09 pet. denied Sep. 4, 2009) (untimely notice of appeal, no appellate jurisdiction
)

09-0539
GENERAL NEON SIGN COMPANY v. DAILEY & WELLS COMMUNICATIONS, INC.; from Bexar County; 4th district (04-08-00488-CV, ___ SW3d ___, 03-18-09, pet. denied Sep. 4, 2009) (sufficiency of the evidence review
, measure of damages)

09-0600
ELAINE LEAX v. ROBERT W. LEAX; from Harris County; 1st district (01-08-00149-CV, ___ SW3d ___, 06-11-09, pet. denied Sep. 4, 2009)(suit for annulment, marriage and divorce fraud, serial wife divorcee, pattern of domestic violence allegations, concealment of numerous prior marriages, fraud in the inducement
)