Justia Texas Supreme Court Opinion Summaries

Stephanie Lee and Benjamin Redus were the parents and joint managing conservators of their minor daughter. A 2007 order adjudicating parentage gave Stephanie the exclusive right to designate the child's primary residence. Benjamin sought to modify that order. The parties executed a mediated settlement agreement (MSA) modifying the 2007 order. Stephanie moved to enter judgment on the MSA, but Benjamin withdrew his consent to the MSA, arguing that it was not in the best interest of the child. The district court refused to enter judgment on the MSA, concluding that it was not in the best interest of the child. Stephanie unsuccessfully petitioned the court of appeals for a writ of mandamus ordering the trial court to enter judgment on the MSA. The Supreme Court conditionally granted the writ of mandamus, holding (1) a trial court may not deny a motion to enter judgment on a properly executed MSA on the grounds that the MSA was not in a child's best interest; and (2) because the MSA in this case met the Family Code's requirements for a binding agreement, the trial court abused its discretion by denying the motion to enter judgment on the MSA. View "In re Lee" on Justia Law

This proceeding arose from an application to amend an existing water-quality permit filed by the owner and operator of a dairy farm located in the North Bosque River watershed. The City of Waco and Bosque River Coalition opposed the proposed permit. After the executive director of the Texas Commission on Environmental Quality determined that the application and draft permit met the requirements of applicable law, the Coalition asked to intervene as a party in a contested case hearing. The Commission denied the request, finding that the Commission lacked standing, and issued the permit. The district court affirmed, but the court of appeals reversed, finding that the Coalition was an "affected person" as defined by the Texas Water Code and thus was entitled to a contested case hearing. The Supreme Court reversed, holding that, pursuant to Texas Commission on Environmental Quality v. City of Waco, the companion to this case, the Coalition's status as an affected person was not determinative of the right to a contested case hearing because the Water Code expressly exempted the proposed amendment from contested case procedures. View "Tex. Comm'n on Envtl. Quality v. Bosque River Coalition" on Justia Law

Stephen filed suit against a former business partner, Evan, in Nevada and prevailed on his claims. To collect on the judgment, Stephen filed another suit in Nevada against both Evan and Marc, alleging that Evan had fraudulently transferred assets to Marc in violation of the Nevada Uniform Fraudulent Transfer Act (Nevada UFTA). The Nevada court dismissed Stephen's claims, concluding that it lacked personal jurisdiction over Marc. Stephen then filed the present suit in a Texas court under the Texas UFTA (TUFTA), alleging that Evan had fraudulently transferred assets to Marc. The trial court granted summary judgment for Marc, concluding that TUFTA's four-year statute of repose extinguished Stephen's claim. The court of appeals reversed, holding that Tex. Civ. Prac. & Rem. Code 16.064(a) suspended the expiration of TUFTA's statute of repose and allowed Stephen to file this suit within sixty days after the Nevada court dismissed the second Nevada suit for lack of personal jurisdiction. The Supreme Court reversed, holding that because the TUFTA provision that extinguished Stephen's claim was a statute of repose, and section 16.064 applies only to statutes of limitations, section 16.064 did not save or revive Stephen's claim. View "Nathan v. Wittington" on Justia Law

Respondent was employed by the Canutillo Independent School District as executive director of facilities and transportation. After reporting alleged financial improprieties to the District authorities, Respondent was fired for allegedly making threatening personal phone calls to another man during work hours. Respondent subsequently sued the District for violation of the Texas Whistleblower Act and for breach of contract. The trial court granted Respondent's plea to the jurisdiction. The court of appeals held that the trial court erred in granting the plea as it related to Respondent's whistleblower claim but otherwise affirmed. The Supreme Court affirmed in part and reversed in part the court of appeals' judgment, holding that the trial court properly granted the plea to the jurisdiction, holding (1) Respondent's complaints to District authorities were not good-faith complaints of a violation of law to a "law enforcement authority" under the Whistleblower Act, and thus, the plea to the jurisdiction was well taken; and (2) Respondent's breach of contract claim failed because Respondent failed to exhaust his administrative remedies. View "Canutillo Indep. Sch. Dist. v. Farran" on Justia Law

The Texas Commission on Environmental Quality (Commission) granted an amendment to a dairy concentrated animal feeding operation's water-quality permit. A downstream city (City) sought to intervene in the permit process and obtain a contested case hearing, claiming that the dairy's operations under the amended permit would adversely affect the quality of the municipal water supply. By rule, an affected person may request a contested case hearing when authorized by law. The Commission granted the amended permit without a contested case hearing. The City appealed, claiming it was an "affected person" entitled to a contested case hearing. The district court affirmed, but the court of appeals reversed, concluding that the City was an affected person entitled to a hearing. The Supreme Court reversed and rendered judgment for the Commission, holding (1) a person affected by a proposed water-quality permit has the right to request a hearing, but the Commission has discretion to deny the request under certain circumstances; and (2) sufficient evidence supported the Commission's determination that the proposed amended permit did not foreclose Commission discretion to consider the amended application at a regular meeting rather than after a contested case hearing. View "Tex. Comm'n on Envtl. Quality v. City of Waco" on Justia Law

Employee was a psychiatric nurse employed by Employer, a health care provider. Employee was injured at work while restraining a psychiatric patient. Employee filed a negligence action against Employer, seeking damages for personal injuries. Employer moved to dismiss Employee's suit, asserting that the suit alleged a health care liability claim (HCLC) under the Texas Medical Liability Act (TMLA) and that Employee's failure to serve Employer with an expert report within the TMLA's 120-day deadline mandated dismissal of his suit. The trial court denied the motion to dismiss, and the court of appeals affirmed. The Supreme Court reversed, holding that Employee's claim that Employer provided improper security of the psychiatric patient and inadequate safety for Employee was an HCLC under the TMLA, and therefore, Employee was required to serve an expert report within 120 days of filing suit. Remanded with instructions to dismiss Employee's complaint. View "Psychiatric Solutions, Inc. v. Palit" on Justia Law

Seller and Buyers entered into a contract for a deed. Buyers made payments to Seller for almost three years. Because Seller did not provide Buyers with all information required by Tex. Prop. Code 5(D), Buyers later told Seller they were exercising their statutory right to cancel and rescind the contract for deed. Seller sued Buyers for breach of contract. Buyers counterclaimed for violations under the Property Code, among other statutory violations. Seller, in turn, alleged he was entitled to a setoff in the amount of the fair market rental value of the property for the time Buyers occupied the house. The trial court entered judgment in favor of Buyers, awarding actual damages for cancellation and rescission of the contract for deed, among other damages. The Court reversed the trial court's awards of actual damages for cancellation and rescission, holding (1) subchapter D's cancellation-and-rescission remedy contemplates mutual restitution of benefits among the parties; and (2) thus, Buyers were required to restore to Seller supplemental enrichment in the form of rent for their interim occupation of the property upon cancellation and rescission of the contract for deed. Remanded. View "Morton v. Nguyen" on Justia Law

Respondents were successors-in-interest to 380 acres of land once owned by Baker, now deceased. Petitioners entered into a lease agreement with Baker that contained an option allowing Petitioners to buy the land if Baker decided to sell it. Petitioners and Baker subsequently agreed that Petitioners would purchase the 380 acres for $470,000. Petitioners attempted to exercise their right to buy the property under the agreement, but Respondents brought a declaratory judgment action to void the agreement. The trial court rendered a final judgment for Petitioners. The court of appeals reversed, concluding (1) the agreement was ambiguous as to whether it was a presently binding contract or merely an agreement to agree, and (2) therefore, the agreement's enforceability was a fact issue that should not have been determined by summary judgment. The Supreme Court reversed, holding that the agreement contained all material terms and was an enforceable contract as a matter of law. Remanded. View "McCalla v. Baker's Campground, Inc." on Justia Law

Homes built with an exterior insulation and finish system (EIFS) suffer serious water damage that worsens over time. Homebuilder began a remediation program in which it offered to homeowners to remove exterior EIFS from the homes it had built and to replace it with conventional stucco. Almost all the homeowners accepted Homebuilder's offer of remediation. Homebuilder sought indemnification for the costs from its insurers (Insurers). Insurers denied coverage, preferring instead to wait until the homeowners sued. This litigation ensued. Now, only one insurer remained. The court of appeals reversed the trial court's judgment in favor of Homebuilder, finding (1) Homebuilder failed to establish its legal liability to the homeowners to trigger Insurer's coverage; and (2) Homebuilder failed to offer evidence of damages covered by the policy. The Supreme Court reversed, holding (1) Homebuilder's settlements with the homeowners established both Insurer's legal liability for the property damages and the basis for determining the amount of loss; and (2) Insurer's policy covered Homebuilder's entire remediation costs for damaged homes. View "Lennar Corp. v. Markel Am. Ins. Co." on Justia Law

The Time Cole Act (Act) entitles a person who has been wrongfully imprisoned to compensation from the State. Payments terminate, however, if, after the date the person becomes eligible for compensation, the person is convicted of a crime punishable as a felony. Michael Blair had a lengthy criminal record. Blair was first convicted in 1988. In 1993, Blair was convicted of murder and sentenced to death. In 2004, Blair pleaded guilty to four indictments of indecency with a child, for which he was given three consecutive life sentences. In 2008, the court of criminal appeals set aside Blair's murder conviction based on DNA evidence, and the State dismissed the charge. Defendant subsequently applied for compensation for having been wrongfully incarcerated from 1993 to 2004. The Comptroller denied compensation. The Supreme Court concluded that the Comptroller correctly denied Blair's claim for compensation, holding that the Act does not require payments to a felon who remains incarcerated for a conviction that occurred before he became eligible for compensation. View "In re Blair" on Justia Law