Texas Case Commentaries

Custody Determinations Under Texas Family Code: Analysis of LEWELLING v. LEWELLING

Date: Oct 11, 1990

Custody Determinations Under Texas Family Code: Analysis of LEWELLING v. LEWELLING Introduction Brenda Lewelling v. Carl and Melba Lewelling, 796 S.W.2d 164 (Tex. 1990), is a pivotal case in Texas...

Adverse Possession Requirements Reinforced in Rhodes v. Cahill (1990)

Date: Oct 11, 1990

Adverse Possession Requirements Reinforced in Rhodes v. Cahill (1990) Introduction Rhodes v. Cahill, 802 S.W.2d 643 (Tex. 1990), is a pivotal case in Texas property law that reaffirms the stringent...

Enforceability of Noncompetition Clauses: Insights from Juliette Fowler Homes, Inc. v. Welch Associates, Inc.

Date: Sep 13, 1990

Enforceability of Noncompetition Clauses: Insights from Juliette Fowler Homes, Inc. v. Welch Associates, Inc. Introduction The case of Juliette Fowler Homes, Inc. et al. v. Welch Associates, Inc.,...

Enserch v. Parker: Establishing Enforceability of Indemnity Agreements Amid Wrongful Death Claims

Date: Sep 7, 1990

Enserch v. Parker: Establishing Enforceability of Indemnity Agreements Amid Wrongful Death Claims Introduction The Supreme Court of Texas, in the landmark case Enserch Corporation d/b/a Lone Star Gas...

Texas Supreme Court Upholds Damages Caps in Wrongful Death Actions under Medical Liability Act

Date: Sep 7, 1990

Texas Supreme Court Upholds Damages Caps in Wrongful Death Actions under Medical Liability Act Introduction In the landmark case of Lisa Beth Rose et al. v. Doctors Hospital et al. (801 S.W.2d 841),...

Res Ipsa Loquitur in Medical Malpractice: Analysis of Or v. Haddock

Date: Sep 7, 1990

Res Ipsa Loquitur in Medical Malpractice: Analysis of Or v. Haddock Introduction Orville E. Haddock, Jr., the petitioner, initiated a medical malpractice lawsuit against Larry A. Arnspiger, M.D.,...

Reaffirmation of At-Will Employment Doctrine in Wrongful Discharge Claims: Winters v. Houston Chronicle

Date: Sep 7, 1990

Reaffirmation of At-Will Employment Doctrine in Wrongful Discharge Claims: Winters v. Houston Chronicle Publishing Company Introduction The case of Richard Winters v. Houston Chronicle Publishing...

Mandatory Appearance at Appraisal Review Hearings: Establishing a Prerequisite for Judicial Review

Date: Jul 4, 1990

Mandatory Appearance at Appraisal Review Hearings: Establishing a Prerequisite for Judicial Review Introduction In the landmark case of Webb County Appraisal District and Webb County Appraisal Review...

Supreme Court of Texas Restricts Appellate Courts in Original Mandamus Actions: Brady v. 14th Court of Appeals

Date: Jun 21, 1990

Supreme Court of Texas Restricts Appellate Courts in Original Mandamus Actions: Brady v. Fourteenth Court of Appeals Introduction The case of Elaine A. Brady, the sole Democratic candidate for the...

No Condition Precedent for Condominium Sale in Service Agreement: Texas Supreme Court Clarifies Contract Interpretation

Date: Jun 21, 1990

No Condition Precedent for Condominium Sale in Service Agreement: Texas Supreme Court Clarifies Contract Interpretation Introduction The case of Harold W. Criswell v. European Crossroads Shopping...

Open Meetings Act Compliance: Upholding Transparency in Administrative Decision-Making

Date: Jun 14, 1990

Open Meetings Act Compliance: Upholding Transparency in Administrative Decision-Making Introduction The case of Charles M. Acker v. Texas Water Commission addresses a pivotal issue concerning the...

Conspicuousness Standard for Disclaimers of Implied Warranties Established by Texas Supreme Court in Cate's Transmission Service v. Dover Corporation

Date: Jun 7, 1990

Conspicuousness Standard for Disclaimers of Implied Warranties Established by Texas Supreme Court in Cate's Transmission Service v. Dover Corporation Introduction In Cate's Transmission Service,...

Texas Supreme Court Reinforces Forum State Law in Noncompetition Agreements: DeSantis v. Wackenhut

Date: Jun 7, 1990

Texas Supreme Court Reinforces Forum State Law in Noncompetition Agreements: DeSantis v. Wackenhut Introduction In the landmark case Edward DeSANTIS, et al. v. WACKENHUT CORPORATION (793 S.W.2d 670,...

Reversing the Validity of Personal Injury Releases under Mutual Mistake: Analysis of WILLIAMS v. GLASH

Date: May 31, 1990

Reversing the Validity of Personal Injury Releases under Mutual Mistake: Analysis of WILLIAMS v. GLASH Introduction The case of Margaret U. Williams and David E. Williams v. Stephen Glash (789 S.W.2d...

Viles v. Security National Insurance Co.: Reinforcing the Duty of Good Faith in Insurance Contracts

Date: May 24, 1990

Viles v. Security National Insurance Co.: Reinforcing the Duty of Good Faith in Insurance Contracts Introduction The case of William J. Viles and Mary R. Viles v. Security National Insurance Company,...

Mandatory Allowance of Post-Verdict Damages Amendment under Tex. R.Civ.P. 63 and 66: Greenhalgh v. Service Lloyds Insurance

Date: May 24, 1990

Mandatory Allowance of Post-Verdict Damages Amendment under Tex. R.Civ.P. 63 and 66: Greenhalgh v. Service Lloyds Insurance Introduction Richard Greenhalgh v. Service Lloyds Insurance Company, 787...

Discovery Rule Exclusion in Texas Wrongful Death Statute of Limitations

Date: May 10, 1990

Discovery Rule Exclusion in Texas Wrongful Death Statute of Limitations Case: Alfred MORENO et al. v. STERLING DRUG, INC. Citation: 787 S.W.2d 348 (Texas Supreme Court, 1990) Date: May 9, 1990...

Teller's Checks Subject to Stop Payment and Defenses: Texas Supreme Court Sets Precedent

Date: May 10, 1990

Teller's Checks Subject to Stop Payment and Defenses: Texas Supreme Court Sets Precedent Introduction In the landmark case Guaranty Federal Savings Bank v. The Horseshoe Operating Company, the...

Supreme Court of Texas Reinforces Jurisdictional Attachment Upon Filing Writ of Error

Date: Mar 8, 1990

Supreme Court of Texas Reinforces Jurisdictional Attachment Upon Filing Writ of Error Introduction In the landmark case of Mapco, Inc., et al. v. The Honorable Shirley Forrest, Clerk, and the Ninth...

Offsetting Benefits in Reimbursement Claims: Insights from PENICK v. PENICK

Date: Feb 22, 1990

Offsetting Benefits in Reimbursement Claims: Insights from PENICK v. PENICK Introduction Robert James Penick (Petitioner) versus Maria C. Penick (Respondent) is a landmark decision by the Supreme...