Texas Supreme Court Orders & Opinions 4/11/08
The Texas Supreme Court issued 11 decisions, all but three of them per curiam, with this week's orders. They are:
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In re H.V. (No. 06-0005), a juvenile justice case involving the suppression of evidence and appellate review under Section 56.03(b) of the Texas Family Code.
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Lewis v. Funderburk (No. 06-0518), resolving a 12-2 split among the intermediate courts of appeals and concluding that those courts have jurisdiction to review allegedly inadequate expert reports in health care liability cases.
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Following Lewis and reversing contrary decisions from the Fort Worth and Waco courts, the supreme court issued per curiam opinions in Moore v. Gatica (No. 07-0094), Diaz-Rohena v. Melton (No. 07-0173) (which actually came from the First District), Center for Neurological Disorders, P.A. v. George (No. 07-0174), Collini v. Pustejovsky (No. 07-0227), Graham Oaks Care Center, Inc. v. Farabee (No. 07-0228), Danos v. Rittger (No. 07-0312), Hill Regional Hospital v. Runnels (No. 07-0368), and Metwest Inc. v. Rodriguez (No. 07-0422).
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Medical City Dallas, Ltd. v. Carlisle Corp. (No. 06-0660), holding that an action for breach of warranty is a claim for breach of contract for which Chapter 38 of the Civil Practice and Remedies Code permits recovery of attorney's fees.
Osler McCarthy's detailed summaries are available here.
