City of Midland v. Goerlitz, No. 03-0185 (Tex. Aug. 31, 2006)(per curiam)
City of Houston v. United Water Services, No. 04-0547 (Tex. Aug. 31, 2006)(per curiam)
Port Neches-Groves ISD v. Pyramid Constructors, No. 04-0737 (Tex. Aug. 31, 2006)(per curiam)
Metro v. MEB Engineering, No. 04-0757 (Tex. Aug. 31, 2006)(per curiam)
City of Irving v. Inform Construction, No. 04-0984 (Tex. Aug 31, 2006)(per curiam)
Fiess v. State Farm Lloyds, No. 04-1104 (Tex. Aug. 31, 2006)(Aug 31, 2006)(Brister)(certified question from 5th Circuit)
In re Applied Chemical Magnesias Corp., No. 04-1119 (Tex. Aug. 31, 2006)(Green)
City of Angleton v. Usfilter Operating Servc’s Inc., No. 05-0098 (Tex. Aug. 31, 2006)(per curiam)
City of San Antonio v. Hartman, No. 05-0147 (Tex. Aug. 31, 2006)(Brister)
Blue Cross Blue Shield v. Duenez, No. 05-0521 (Tex. Aug. 31, 2006)(per curiam)
Ross v. National Center for the Employment of the Disabled, No. 05-0534 (Tex. Aug. 31, 2006)(per curiam)
Pena v. McDowell, No. 05-0546 (Tex. Aug. 31, 2006)(per curiam)
LMB, Ltd v. Moreno, No. 05-0764 (Tex. Aug. 31, 2006)(per curiam)
In re The Hon. Errlinda Castillo, No. 06-0314 (Tex. Aug. 31, 2006)(Jefferson)
Cases with Links to Opinions
August 31, 2006
City of Midland v. Goerlitz No. 03-0185 (Tex. Aug. 31, 2006)(per curiam) THE CITY OF MIDLAND v. ROGER GOERLITZ, D/B/A AMERICAN WOOD WASTE RECYCLING; from Midland County; 8th district (08‑02‑00087‑CV, 101 S.W.3d 573, 01‑30‑03) 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 Houston v. United Water Services No. 04-0547 (Tex. Aug 31, 2006)(per curiam) CITY OF HOUSTON v. UNITED WATER SERVICES, INC.; from Harris County; 1st district (01‑02‑01057‑CV, 137 S.W.3d 747, 04‑29‑04) 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
Port Neches-Groves ISD v.Pyramid Constructors, No. 04-0737 (Tex. Aug. 31, 2006)(per curiam) PORT NECHES-GROVES INDEPENDENT SCHOOL DISTRICT v. PYRAMID CONSTRUCTORS, INC.; from Jefferson County; 9th district (09‑03‑00589‑CV, 140 S.W.3d 440, 07‑01‑04) 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
Metro v. MEB Engineering No. 04-0757 (Tex. Aug. 31, 2006)(per curiam) METROPOLITAN TRANSIT AUTHORITY v. M.E.B. ENGINEERING, INC.; from Harris County; 1st district (01‑04‑00022‑CV, 176 S.W.3d 300, 07‑15‑04) 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 Irving v. Inform Construction No. 04-0984 (Tex. Aug. 31, 2006)(per curiam) CITY OF IRVING v. INFORM CONSTRUCTION, INC.; from Dallas County; 5th district (05‑03‑01460‑CV, 143 S.W.3d 371, 08‑09‑04) 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
Fiess v. State Farm Lloyds , No. 05-1104 (Tex. Aug 31, 2006)(Brister)(certified question from Fifth Circuit) [insurance, mold coverage, contract construction] RICHARD FIESS AND STEPHANIE FIESS v. STATE FARM LLOYDS motion to strike post-submission brief denied motion to strike post-submission supplemental brief denied motion for sanctions denied The Court answers the question certified by the United States Court of Appeals for the Fifth Circuit. Justice Brister delivered the opinion of the Court, joined by Chief Justice Jefferson, Justice Hecht, Justice Wainwright, Justice Green, Justice Johnson, and Justice Willett Justice Medina delivered a dissenting opinion, joined by Justice O'Neill ("Courts adhere to prior precedents for reasons of efficiency, fairness, and legitimacy.[49] For more than a century this Court has held that in construing insurance policies “where the language is plain and unambiguous, courts must enforce the contract as made by the parties, and cannot make a new contract for them, nor change that which they have made under the guise of construction.”[50] If the political branches of Texas government decide that mold should be covered in Texas insurance policies, they have tools at their disposal to do so; Texas courts must stick to what those policies say, and cannot adopt a different rule when a “crisis” arises.") Accordingly, for the reasons and to the extent stated in this opinion, we answer the certified question “No.” Justice Medina delivered a dissenting opinion, joined by Justice O'Neill
In Re Applied Chemical Magnesias Corp. No. 04-1119(Tex. Aug. 31, 2006)(Justice Green) IN RE APPLIED CHEMICAL MAGNESIAS CORPORATION; from San Saba County; 3rd district (03‑04‑00567‑CV, ___ S.W.3d ___, 10‑15‑04) The Court conditionally grants the petition for writ of mandamus. Justice Green delivered the opinion of the Court
City of Angleton v. US Filter Operating Serv'cs No. 05-0098 (Tex. Aug. 31, 2006)(per curiam) CITY OF ANGLETON v. USFILTER OPERATING SERVICES, INC.; from Brazoria County; 14th district (14‑04‑00603‑CV, ___ S.W.3d ___, 12‑23‑04) 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 San Antonio v. Hartman No. 05-0147 (Tex. Aug. 31, 2006)(Brister) CITY OF SAN ANTONIO v. MARK HARTMAN, ET AL.; from Bexar County; 4th district (04‑04‑00162‑CV, 155 S.W.3d 460, 11‑10‑04) The Court reverses the court of appeals' judgment and renders judgment. Justice Brister delivered the opinion of the Court [ pdf ] (Justice Green not sitting)
Blue Cross v. Duenez No. 05-0534 (Tex. Aug. 31, 2006)(per curiam) BLUE CROSS BLUE SHIELD OF TEXAS AND HEALTH CARE SERVICE CORPORATION, A MUTUAL LEGAL RESERVE COMPANY v. XAVIER DUENEZ AND WIFE, IRENE DUENEZ, INDIVIDUALLY AND AS NEXT FRIENDS OF ASHLEY DUENEZ, A MINOR; from Calhoun County; 13th district (13‑03‑00481‑CV, ___ S.W.3d ___, 05‑26‑05) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court vacates the court of appeals' judgment and dismisses the case for want of jurisdiction. Per Curiam Opinion
Ross v. Nat. Ctr. for the Employment of the Disabled No. 05-0534 (Tex. Aug. 31, 2006)(per curiam) RICHARD M. ROSS v. NATIONAL CENTER FOR THE EMPLOYMENT OF THE DISABLED, AS SUCCESSOR IN INTEREST TO ACCESS HEALTHSOURCE, INC., ASSIGNEE OF O.R. BROOKER, ET AL.; from El Paso County; 8th district (08‑04‑00001‑CV, 170 S.W.3d 635, 05‑26‑05) respondent's motion to dismiss petition for review denied 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
Pena v. McDowell, No. 05-0546 (Tex. 2006)(per curiam) WILLIAM ESPINOZA PEÑA v. DAVID MCDOWELL, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY, ET AL.; from Anderson County; 12th district (12‑05‑00116‑CV, ___ S.W.3d ___, 05‑11‑05) motion for temporary restraining order and preliminary injunction denied petitioner's motions to take judicial notice in the interest of justice denied 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 that court. Per Curiam Opinion
LMB v. Morena, No. 05-0764 (Tex. 2006)(per curiam) [premises liability] LMB, LTD. v. ROSA MARIA MORENO, ET AL.; from Hidalgo County; 13th district (13‑02‑00290‑CV, ___ S.W.3d ___, 06‑16‑05) 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. Per Curiam Opinion
In Re Hon. Castillo No. 06-0314 (Tex. 2006)(Jefferson) IN RE THE HONORABLE ERRLINDA CASTILLO, JUSTICE, THE COURT OF APPEALS FOR THE THIRTEENTH DISTRICT OF TEXAS, IN HER OFFICIAL CAPACITY as supplemented respondents' motion to dismiss without prejudice denied Chief Justice Jefferson delivered the opinion of the Court