Appellate Law

Texas Supreme Court Orders & Opinions 9/26/08

By D. Todd Smith

The Texas Supreme Court released seven opinions with this week's regular orders.  They are:

• Unauthorized Practice of Law Committee v. Nationwide Mutual Insurance Company (No. 05-0130) (per curiam), denying the petition for review based on its recent "captive counsel" decision, but leaving open the question of whether an insurer engages in the unauthorized practice of law by employing staff attorneys to represent its affiliates’ insureds.
   
• Davis v. Fisk Electric Co. (No. 06-0162), reversing judgment and remanding for new trial after concluding that at least two peremptory strikes were based on race.
   
• Reliance Steel & Aluminum Co v. Sevcik (No. 06-0422), concluding that evidence defendant had $1.9 billion in annual revenues was inadmissible and that the error was reversible.
   
• Martinez-Partido v. Methodist Specialty & Transplant Hospital (No. 06-0611) (per curiam), holdilng that a party seeking affirmance in the court of appeals need not request the lesser relief of remand to be entitled to that result.
   
• Adams v. YMCA of San Antonio (No. 07-0221) (per curiam), holding that legally sufficient evidence supported the jury’s finding of future mental anguish.
   
• State of Texas v. Dawmar Partners, Ltd. (No. 07-0548) (per curiam), concluding in condemnation case that landowners were not entitled to compensation for diminished value because they did not suffer a material and substantial impairment of access.

The Court also tweaked its previous ruling in s in David J. Sacks, P.C. v. Hayden (No. 07-0472) (per curiam), grantng rehearing in that attorney's-fee dispute and remanding to the court of appeals instead of rendering judgment for the lawyer.

Full post as published by Texas Appellate Law Blog on September 27, 2008 (boomark / email).