Texas Case Commentaries

Limiting Municipal Liability for Subcontractor Bond Claims: Heldenfels Bros. v. City of Corpus Christi

Date: Jun 25, 1992

Limiting Municipal Liability for Subcontractor Bond Claims: Heldenfels Bros. v. City of Corpus Christi Introduction The case of Heldenfels Brothers, Inc. v. City of Corpus Christi, 832 S.W.2d 39...

Texas Supreme Court Refines Craddock Standard: Three-Element Test and Inclusion of Mistake of Law for New Trial Motions

Date: Jun 25, 1992

Texas Supreme Court Refines Craddock Standard: Three-Element Test and Inclusion of Mistake of Law for New Trial Motions Introduction The case of Bank One, Texas, N.A. v. Robert L. Moody, Jr. (830...

Setting Aside Default Judgment and Recovery of Lost Profits: Holt Atherton Industries, Inc. v. Roy Heine

Date: Jun 18, 1992

Setting Aside Default Judgment and Recovery of Lost Profits: Holt Atherton Industries, Inc. v. Roy Heine Introduction The case of Holt Atherton Industries, Inc. v. Roy Heine, and Wife, Kitty Heine...

Admissibility of Duplicate Beneficiary Designation in Life Insurance Claims: McCraw v. Maris

Date: Jun 11, 1992

Admissibility of Duplicate Beneficiary Designation in Life Insurance Claims: McCraw v. Maris Introduction Case Citation: Tracy L. McCRAW, et al., Petitioner, v. Jimmie L. MARIS, Respondent, 828...

Proximate Cause in High-Speed Police Pursuits: Texas Supreme Court Balances Police Liability

Date: May 21, 1992

Proximate Cause in High-Speed Police Pursuits: Texas Supreme Court Balances Police Liability Introduction The case of Brenda Ann Travis, Individually and as Next Friend of Jason Wayne Travis, et al...

Limits on Mandamus Relief in Pre-Trial Discovery Under Walker v. Packer

Date: May 8, 1992

Limits on Mandamus Relief in Pre-Trial Discovery Under Walker v. Packer Introduction The case of Charles F. Walker and Mary Jeanette Walker et al. v. The Honorable Anne Packer, Judge, reported as 827...

Parental Immunity in Survival Actions: Shoemake v. Fogel Establishes New Precedent

Date: Apr 30, 1992

Parental Immunity in Survival Actions: Shoemake v. Fogel Establishes New Precedent Introduction The Supreme Court of Texas, in Janet Shoemake v. Fogel, Ltd., addressed a pivotal issue in tort law...

Valid Mortgage on Future Interest in Homestead Property Affirmed by Texas Supreme Court

Date: Apr 23, 1992

Valid Mortgage on Future Interest in Homestead Property Affirmed by Texas Supreme Court Introduction In the landmark case of Melissa L. Laster v. First Huntsville Properties Company, decided by the...

Texas Establishes Pecuniary-Only Damages for Negligent Misrepresentation per Restatement (Second) of Torts Sec. 552B in Federal Land Bank v. Sloane

Date: Apr 9, 1992

Texas Establishes Pecuniary-Only Damages for Negligent Misrepresentation per Restatement (Second) of Torts Sec. 552B in Federal Land Bank Association of Tyler v. Sloane Introduction Federal Land Bank...

Affirming the Strict Application of Rule 215(5) in Texas Civil Procedure: Alvarado v. Farah Manufacturing

Date: Mar 12, 1992

Affirming the Strict Application of Rule 215(5) in Texas Civil Procedure: Alvarado v. Farah Manufacturing Introduction In the landmark case of Jose Luis Lerma Alvarado v. Farah Manufacturing Company,...

Establishing Employer Liability in Wrongful Death: Havner v. E-Z Mart Stores, Inc.

Date: Feb 27, 1992

Establishing Employer Liability in Wrongful Death: Havner v. E-Z Mart Stores, Inc. Introduction Havner v. E-Z Mart Stores, Inc. (825 S.W.2d 456) is a landmark case decided by the Supreme Court of...

Post-Trebling Credit Application Under the One Satisfaction Rule in Stewart Title Guaranty Co. v. Sterling

Date: Feb 13, 1992

Post-Trebling Credit Application Under the One Satisfaction Rule in Stewart Title Guaranty Co. v. Sterling Introduction In Stewart Title Guaranty Company v. W. Dawson Sterling, 822 S.W.2d 1 (Tex....

Statute of Limitations Tolling in Legal Malpractice During Litigation: Insights from Hughes v. Mahaney

Date: Feb 6, 1992

Statute of Limitations Tolling in Legal Malpractice During Litigation: Insights from Hughes v. Mahaney Introduction The case of James M. Hughes and Patti HUGHES v. MAHANEY HIGGINS, Robert M. Mahaney...

Texas Supreme Court Clarifies Enforcement of Contractual Penalty Clauses: Affirmative Defense Requirements

Date: Jan 30, 1992

Texas Supreme Court Clarifies Enforcement of Contractual Penalty Clauses: Affirmative Defense Requirements Introduction In the landmark case of Martha Jean Phillips v. Harry S. Phillips (820 S.W.2d...

Affirmation of No Fiduciary Duty in Franchise Agreements: Crim Truck Tractor Co. v. Navistar

Date: Jan 23, 1992

Affirmation of No Fiduciary Duty in Franchise Agreements: Crim Truck Tractor Co. v. Navistar Introduction In the landmark case of Crim Truck Tractor Co., Travis Crim, and Tim Farley v. Navistar...

Texas Supreme Court Reaffirms Legislative Authority in Redistricting, Limits Magistrate Court's Mandamus Power

Date: Jan 16, 1992

Texas Supreme Court Reaffirms Legislative Authority in Redistricting, Limits Magistrate Court's Mandamus Power Introduction In the landmark case of Louis TERRAZAS, et al., Relators, v. Hon. Mario E....

Harmonizing Deed Clauses: Overruling ALFORD v. KRUM in Eb F. Luckel v. Furl White

Date: Jan 9, 1992

Harmonizing Deed Clauses: Overruling ALFORD v. KRUM in Eb F. Luckel, et al. v. Furl White, et al. Introduction The case of Eb F. Luckel, et al. v. Furl White, et al. (819 S.W.2d 459, Supreme Court of...

Negligence in Public Infrastructure: Fort Bend County Drainage District v. Sbrusch - A Comprehensive Analysis

Date: Dec 12, 1991

Negligence in Public Infrastructure: Fort Bend County Drainage District v. Sbrusch - A Comprehensive Analysis Introduction The case of Fort Bend County Drainage District and Fort Bend County v....

Appellate Court's Authority to Correct Clerical Errors in Judgments: Insights from Asberry v. Texas

Date: Nov 21, 1991

Appellate Court's Authority to Correct Clerical Errors in Judgments: Insights from Asberry v. Texas Introduction The case of Luther Junior Asberry, Appellant, v. The STATE of Texas, Appellee (813...

State Comptroller’s Authority to Collect Franchise Tax from Corporations Engaged in Solicitation Sales

Date: Oct 17, 1991

State Comptroller’s Authority to Collect Franchise Tax from Corporations Engaged in Solicitation Sales Introduction The case of John SHARP, Comptroller of Public Accounts of the State of Texas,...