What Backlog? -- Supremes Release Flood of Opinions

Texas Supreme Court, the state's highest court for civil appeals, fashions new response to backlog and productivity critics: Save up several weeks worth of opinions; then release them all at once.

March 28, 2008 - After a lull lasting several weeks, with no opinions issued at all, the Supremes this morning handed down 25 opinions (including a few dissents) in 22 cases, including one in which they un-granted a petition for review for lack of conflicts-jurisdiction, which they had previously accepted for a decision on the merits.

To wit:

Unauthorized Practice of Law Committee v. American Home Assurance Co., Inc.,
No. 04-0138 (Tex. Mar. 28, 2008)(Opinion by Justice Nathan Hecht)
UNAUTHORIZED PRACTICE OF LAW COMMITTEE v. AMERICAN HOME ASSURANCE COMPANY, INC. AND THE TRAVELERS INDEMNITY COMPANY; from Dallas County; 11th district (11-02-00212-CV, 121 S.W.3d 831, 11-06-03) The Court modifies the court of appeals' judgment and affirms that judgment as modified.Justice Hecht delivered the opinion of the Court, in which Chief Justice Jefferson, Justice O'Neill, Justice Wainwright, Justice Brister, Justice Medina, and Justice Willett joined.
Justice Johnson delivered a dissenting opinion, in which Justice Green joined.

County of Dallas v. Sempe, No. 05-0022 (Tex. Mar. 28, 2008)(per curiam)(interlocutory appeal, no conflicts jurisdiction, petition for review ungranted)
COUNTY OF DALLAS v. CHRISTOPHER SHAWN SEMPE AND CARL RAYMOND SEMPE, SOLE HEIRS OF CHARLES RAY SEMPE; from Dallas County; 5th district (05- 03-01603-CV, 151 S.W.3d 291, 12-07-04) The Court withdraws its order of May 26, 2006, granting the petition for review, as the petition was improvidently granted. The petition for review is dismissed for want of jurisdiction. Per Curiam Opinion

Pruett v. Harris County Bail Bond Board, et al, No. 05-0283 (Tex. Mar. 28, 2008)(O’Neill) (local governmental entities, regulatory authority, ultra vires claim)
CARL R. PRUETT AND NATIONAL AMERICAN INSURANCE COMPANY v. HARRIS COUNTY BAIL BOND BOARD, ET AL.; from Harris County; 1st district (01-02-01043-CV, 177 S.W.3d 260, 03-10-05) The Court affirms in part and reverses in part the court of appeals' judgment. Justice O'Neill delivered the opinion of the Court.

Mission Consolidated ISD v. Garcia, No. 05-0734 (Tex. Mar. 28, 2008)(O’Neill) (public employment, wrongful termination claim, TTCA, tort claims, TCHRA claim, immunity waiver)
MISSION CONSOLIDATED INDEPENDENT SCHOOL DISTRICT v. GLORIA GARCIA; from Hidalgo County; 13th district (13-04-00668-CV, ___ S.W.3d ___, 06-30-05)
– consolidated with –05-0762 MISSION CONSOLIDATED INDEPENDENT SCHOOL DISTRICT v. MELINDA SOTUYO; from Hidalgo County; 13th district (13-05-00021-CV, ___ S.W.3d ___, 06-30-05)– consolidated with –05-0763 MISSION CONSOLIDATED INDEPENDENT SCHOOL DISTRICT v. DEBORAH MEDINA; from Hidalgo County; 13th district (13-05-00060-CV, ___ S.W.3d ___, 06-30-05)
The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the trial court. Justice O'Neill delivered the opinion of the Court.

Nationwide Ins. Co. v. Elchehimi, No. 06-0106 (Tex. Mar. 28, 2008)(Wainwright) (insurance coverage, breach of contract, claim denial)
NATIONWIDE INSURANCE COMPANY v. MOHAMAD ELCHEHIMI, INDIVIDUALLY AND AS PARENT AND NEXT FRIEND OF KHALED ELCHEHIMI AND LUKMAN ELCHEHIMI, MINORS; from Ellis County; 10th district (10-04-00298-CV, 183 S.W.3d 833, 12-28-05)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.Justice Wainwright delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice Brister, Justice Green, Justice Johnson, and Justice Willett joined.
Justice Harriet O'Neill delivered a dissenting opinion, in which Justice Medina joined.

Chu v. Hong, No. 06-0127 (Tex. Mar. 28, 2008)(Brister) (family law, divorce, property transfer to third parties, fraud on community by spouse not actionable as independent tort, no double recovery) WILLIAM CHU v. CHONG HUI HONG; from Tarrant County; 2nd district (02-04-00279 CV, 185 S.W.3d 507, 10-20-05) The Court reverses the court of appeals' judgment and renders judgment. Justice Scott Brister delivered the opinion of the Court.

Lowenberg v. City of Dallas, No. 06-0310 (Tex. Mar. 28, 2008)(per curiam)(illegal fee, tax refund suit, takings claim, declaratory judgment, UDJA attorney's fees)
JIM LOWENBERG, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED v. CITY OF DALLAS; from Dallas County; 11th district (11-03-00061-CV, 187 S.W.3d 777, 03-01-06) 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

Ownes & Minor, Inc. v. Ansell Healthcare Products, Inc., No. 06-0322 (Tex. Mar 28, 2008)(Green) (cert. question from 5th Cir.) (products liability, indemnification, litigation costs)
OWENS & MINOR, INC. AND OWENS & MINOR MEDICAL, INC. v. ANSELL HEALTHCARE PRODUCTS, INC. AND BECTON, DICKINSON AND COMPANYmotion to consolidate deniedThe Court answers the question certified by the United States Court of Appeals for the Fifth Circuit.Justice Green delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice Wainwright, and Justice Brister joined.
Justice Scott A. Brister delivered a concurring opinion.
Justice Harriet O'Neill delivered a dissenting opinion, in which Justice Medina, Justice Johnson, and Justice Willett joined.

In Re Jorden, MD, No. 06-0369 (Tex. Mar. 28, 2008)(Brister) (HCLC, MedMal, permissibility of presuit discovery, Rule 202 deposition)
IN RE JACK JORDEN, M.D., ET AL.; from Smith County; 12th district (12-06-00040-CV, 191 S.W.3d 483, 04-27-06)relators' joint motion for emergency temporary relief dismissed as moot. The Court conditionally grants the petition for writ of mandamus.Justice Brister delivered the opinion of the Court.
Justice Harriet O'Neill delivered a concurring opinion.

Trend Offset Printing Services, Inc. v. Collin County Community College District (CCCCD)
No. 06-0525 (Tex. Mar. 28, 2008)(per curiam) (governmental immunity, breach of contract, statutory waiver)
TREND OFFSET PRINTING SERVICES, INC. v. COLLIN COUNTY COMMUNITY COLLEGE DISTRICT; from Collin County; 5th district (05-05-00456-CV, ___ S.W.3d ___, 04-27-06)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

City of Dallas v. DeQuire, No. 06-0543 (Tex. Mar. 28, 2008)(per curiam)(local governmental entities, immunity waiver)
CITY OF DALLAS v. DWIGHT DEQUIRE, MICHAEL FELINI, TERRANCE HOPKINS AND LEROY QUIGG; from Dallas County; 5th district (05-04-01865-CV, 192 S.W.3d 663, 04-18-06) 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

New Texas Auto Auction Services, LP. v. De Hernandez, No. 06-0550 (Tex. Mar. 28, 2008)(Brister)(no auctioneer liability for defective car)
NEW TEXAS AUTO AUCTION SERVICES, L.P. D/B/A BIG H AUTO AUCTION v. GRACIELA GOMEZ DE HERNANDEZ, ET AL.; from Hidalgo County; 13th district (13- 03-00728-CV, 193 S.W.3d 220, 04-06-06) The Court reverses the court of appeals' judgment and reinstates the trial court's judgment. Justice Brister delivered the opinion of the Court.

20281, Inc. v. Parker, No. 06-0574 (Tex. Mar. 28, 2008)(Jefferson)(Dram Shop Act)
20801, INC. v. JOHN L. PARKER; from Harris County; 14th district (14-05-00250-CV, 194 S.W.3d 556, 04-11-06) The Court reverses in part the court of appeals' judgment and remands the case to the trial court. Chief Justice Wallace B. Jefferson delivered the opinion of the Court.

In Re Bazan, No. 06-0952 (Tex. Mar. 28, 2008)(Medina)(mandamus) (removal of local official based on conviction)
IN RE EDUARDO "WALO" GRACIA BAZAN; from Hidalgo County; 13th district (13-06 00616-CR, ___ S.W.3d ___, 11-01-06) Stay order issued November 30, 2006, lifted. The Court denies the petition for writ of mandamus. Justice David Medina delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice O'Neill, Justice Wainwright, Justice Brister, Justice Green, and Justice Johnson joined.
Justice Don Willett delivered a concurring opinion In Re Bazan

Bushnell v. Mott, No. 06-1044 (Tex. Mar. 28, 2008)(per curiam) (animal law, dog bite liability)GENEVIA BUSHNELL AND DEWARD RAYMOND (D.R.) BUSHNELL v. JANET MOTT; from Gillespie County; 4th district (04-05-00846-CV, ___ S.W.3d ___, 09-13-06) 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.

City of Corsicana v. Stewart, No. 07-0058 (Tex. Mar. 28, 2008)(per curiam)
(TTCA, premises liability, dangerous condition, drowning, lack of actual knowledge of dangerous condition, plea to the jurisdiction, ignorance defense)
CITY OF CORSICANA, TEXAS v. PATRICK STEWART SR. AND SENTRIA WHITFIELD, INDIVIDUALLY AND AS HEIRS TO THE ESTATES OF PATRICK STEWART JR. AND BROOKE STEWART; from Navarro County; 10th district (10-06- 00044-CV, 211 S.W.3d 844, 12-06-06) 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 dismisses the case for want of jurisdiction. Per Curiam Opinion

O’Neil v. Ector ISD, No. 07-0084 (Tex. Mar. 28, 2008)(per curiam) (teacher contract dispute, exhaustion of administrative remedies, limitations, TCHRA, common-law claims, TTCA, election of remedies)
HELEN O'NEAL v. ECTOR COUNTY INDEPENDENT SCHOOL DISTRICT; from Travis County; 11th district (11-06-00013-CV, 221 S.W.3d 286, 11-09-06) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court affirms the court of appeals' judgment. Per Curiam Opinion

Hamilton v. Wilson, MD, No. 07-0164 (Tex. Mar. 28, 2008)(per criam) (HCLC, MedMal, sufficiency of expert report to raise fact issue to defeat motion for summary judgment)
NADINE HAMILTON, NEE NADINE LAMBERT v. SELMA P. WILSON, M.D.; from Lubbock County; 7th district (07-06-00071-CV, ___ S.W.3d ___, 11-01-06) 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

Murff, MD v. Pass, No. 07-0294 (Tex. Mar. 28, 2008) (jury selection, juror confusion, in ability to follow instructions, disqualification)
W. GENE MURFF, M.D. AND MURFF-WANG-MOORE ASSOCIATES, P.A. v. WANDA KAYE PASS, AS NEXT FRIEND OF LESLIE LEANN PASS, A MINOR; from McLennan County; 10th district (10-06-00162-CV, ___ SW3d ___, 02-28-07) 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

Alfonso v. Skadden, No. 07-0321 (Tex. Mar. 28, 2008)(per curiam)(child custody jurisdiction, international family law, jurisdiction, service by publication)
ANA MARIA TARQUIS ALFONSO v. MICHAEL SKADDEN; from Harris County; 14th district (14-05-00489-CV & 14-05-00488-CV, ___ S.W.3d ___, 03-06-07) Motion to strike reply brief dismissed as moot. 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.