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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Custom Transit, L.P., Richway Cartage, Inc., and Custom Operations, LLC v. Flatrolled Steel, Inc.

Flatrolled Steel Inc. sued Custom Transit, L.P., Custom Operations, LLC, and Richway Cartage, Inc., for breach of contract, negligence, and conversion related to damaged and lost steel coils. A jury found Custom Transit liable for breach of contract and conversion, and Custom Transit and Richway liable for negligence and gross negligence. The trial court entered a final judgment on July 9, 2010, allowing Flatrolled to recover contract damages from Custom Transit and actual and exemplary damages from Richway. On appeal, the court affirmed the trial court's judgment regarding contract damages and attorney's fees against Custom Transit and Custom Operations. However, the appellate court reversed the judgment for actual and exemplary damages against Richway, rendering a take-nothing judgment for Flatrolled against Richway, finding insufficient evidence to establish a duty of care for a negligent activity claim.

Contract LawNegligenceGross NegligenceConversionBreach of ContractEconomic Loss RuleAccord and SatisfactionProperty Owner RuleExpert TestimonySufficiency of Evidence
References
47
Case No. No. 08-22-00029-CV (TC# 2021DCV1132)
Regular Panel Decision
Mar 27, 2023

Ricardo A. Samaniego, in His Official Capacity as County Judge, Carlos Leon, in His Official Capacity as County Commissioner, David Stout, in His Official Capacity as County Commissioner, Illiana Holguin, in Her Official Capacity as County Commissioner, Carl L. Robinson, in His Official Capacity as County Commissioner v. Associated General Contractors of Texas, Highway, Heavy, Utilities & Industrial Branch and a Brothers Milling, LLC

The El Paso County Commissioners Court, including County Judge Ricardo A. Samaniego and Commissioners, appealed the denial of their plea to the jurisdiction. They were sued by Associated General Contractors of Texas and A Brothers Milling, LLC, who alleged the Commissioners Court acted ultra vires in setting prevailing wage rates for heavy-highway construction projects in El Paso County. The Appellants argued governmental immunity shielded them and that their wage determinations were final. The appellate court affirmed the trial court's denial, concluding that the Appellees had sufficiently pleaded an ultra vires claim, which falls within the trial court's subject-matter jurisdiction. The court clarified that ultra vires acts by public officials are not considered acts of the state and therefore are not subject to the finality clause.

Governmental ImmunityUltra Vires ActPrevailing Wage RatePublic WorksSubject Matter JurisdictionInterlocutory AppealPlea to the JurisdictionTexas Government CodeStatutory InterpretationEl Paso County
References
16
Case No. 03-01-00340-CV
Regular Panel Decision
Aug 09, 2001

Rick Perry, in His Official Capacity as Governor of the State of Texas Henry Cuellar, in His Official Capacity as Secretary of State of the State of Texas v. Alicia Del Rio, Phyllis Dunham and Jeremy Wright

This case is an interlocutory appeal from the denial of a plea to the jurisdiction by the District Court of Travis County. Appellants, including the Governor, Lieutenant Governor, and Secretary of State of Texas, argued that they were not 'governmental units' for the purpose of interlocutory appeal and that the appellees' redistricting claims were not ripe. The Third District Court of Appeals at Austin affirmed the district court's order, holding that state officials acting in their official capacities are indeed 'governmental units' under the Civil Practice & Remedies Code. The court also found that the consolidated redistricting lawsuit was ripe for judicial consideration, particularly after the state legislature adjourned without enacting a new congressional redistricting plan. Lastly, the court clarified that a prior federal court's retained jurisdiction over 1990 census-based redistricting did not preclude state court jurisdiction over challenges based on the 2000 census.

Interlocutory AppealPlea to the JurisdictionGovernmental UnitRipeness DoctrineOfficial CapacityRedistrictingCongressional DistrictsJurisdictionTexas ConstitutionCivil Practice & Remedies Code
References
27
Case No. 2-07-133-CV
Regular Panel Decision
Mar 06, 2008

Mark Rotella Custom Homes, Inc. D/B/A Benchmark Custom Homes and Mark David Rotella v. Joan Cutting

This case involves an appeal by Mark Rotella Custom Homes, Inc. d/b/a Benchmark Custom Homes and Mark David Rotella (Appellants) against Joan Cutting (Appellee). Appellants challenged the trial court's decision to grant summary judgment and deny their motion for a new trial, primarily arguing a lack of proper notice. The Court of Appeals, Second District of Texas, affirmed the trial court's judgment, concluding that evidence of selective refusal of service established constructive notice. The court also upheld Mark Rotella's joint and several liability, citing his personal guarantee in the construction contract and his liability for tortious acts as an agent. Appellants' claim regarding a lack of fraudulent intent was overruled due to insufficient briefing.

Summary JudgmentMotion for New TrialNotice RequirementsDue ProcessConstructive NoticeService of ProcessJoint and Several LiabilityCorporate Agent LiabilityFraudulent IntentAppellate Review
References
26
Case No. 08-23-00124-CV
Regular Panel Decision
Aug 21, 2024

David Hornberger, in His Official Capacity, Ryan Anderson, in His Official Capacity, Brian Hamilton, in His Official Capacity, Bonnie Giddens, in Her Official Capacity, Lisa Krenger, in Her Official Capacity, Perry Shankle, in His Official Capacity, Stacy Sharp, in Her Official Capacity, Dr. Dana Bashara, in Her Official Capacity, and Alamo Heights Independent School District v. Selina Jones, Roy Hummel and Leslie Michelle Pruitt

This case concerns an appeal regarding governmental immunity and the applicability of Chapter 21 of the Texas Property Code to a property acquisition not involving eminent domain. The Alamo Heights Independent School District (AHISD) purchased an apartment complex, displacing its tenants, who subsequently sued AHISD and its officials for relocation assistance under Texas Property Code Sections 21.043 and 21.046. The Residents asserted ultra vires claims, arguing that AHISD officials failed to perform ministerial duties. The trial court denied AHISD’s jurisdictional challenge and granted partial summary judgment to the Residents. On interlocutory appeal, the Eighth District of Texas Court of Appeals reversed, holding that Chapter 21, which governs eminent domain proceedings, does not apply to properties acquired through an arm’s length purchase. Therefore, the court concluded that AHISD’s governmental immunity was not waived, and the trial court lacked subject matter jurisdiction over the Residents' claims, leading to the dismissal of the case.

Governmental ImmunityStatutory ConstructionEminent DomainRelocation AssistanceTexas Property CodeUltra Vires ClaimSummary JudgmentAppellate JurisdictionBexar CountyEl Paso Court of Appeals
References
54
Case No. 2-07-226-CV
Regular Panel Decision
Jan 31, 2008

Mark Rotella, Individually, and Mark Rotella Custom Homes, Inc., D/B/A Benchmark Custom Homes v. Dozier Cabinet Works, Inc.

Appellants Mark Rotella, individually, and Mark Rotella Custom Homes, Inc., d/b/a Benchmark Custom Homes, appealed a trial court's default judgment in favor of Dozier Cabinet Works, Inc. Appellants contended that the trial court abused its discretion by denying their motion for new trial, arguing they failed to set up a meritorious defense. The court found that mere allegations of beliefs or legal conclusions were insufficient for a meritorious defense. Appellants also argued that the trial court erred in holding Rotella vicariously liable under the Texas Property Code, claiming no contract existed in the record. However, the default judgment stated that the trial court heard evidence and found Rotella personally liable under Chapter 162 of the Texas Property Code. The appellants failed to provide a reporter's record to show error in the trial court's judgment. Therefore, the appellate court affirmed the trial court's judgment.

Default JudgmentMotion for New TrialAbuse of DiscretionMeritorious DefenseVicarious LiabilityTexas Property CodeConstruction Trust FundsAppellate ReviewReporter's Record BurdenCivil Procedure
References
7
Case No. 17-0713
Regular Panel Decision
May 03, 2019

Luis Garcia v. City of Willis, Leonard Reed, in His Official Capacity as [Mayor] of the City of Willis, James Nowak in His Official Capacity as Chief of Police of the City of Willis, Hector Forestier, in His Official Capacity as City Manager of the City of Willis

Luis Garcia, representing a putative class, filed suit against the City of Willis and its officials, challenging the constitutionality of red-light camera statutes and a city ordinance, seeking declaratory, injunctive relief, and a refund of civil penalties paid. The trial court denied the city's plea to the jurisdiction, but the court of appeals reversed, concluding Garcia failed to exhaust administrative remedies and that governmental immunity barred his reimbursement claim. The Supreme Court of Texas affirmed the court of appeals' judgment, holding that Garcia lacked standing for his prospective claims due to having already paid the fine and facing no imminent future harm. Furthermore, his reimbursement claim was barred by governmental immunity because he voluntarily paid the fine without utilizing administrative remedies that would have provided a stay. Regarding his constitutional-takings claim, the Court found that although governmental immunity does not apply, Garcia was still required to exhaust administrative remedies before initiating a takings claim in district court, as the administrative process had the potential to moot his claim. Consequently, the Court affirmed the dismissal of Garcia's claims.

Red-light camerasConstitutional challengeAdministrative remediesStandingGovernmental immunityUltra viresDeclaratory judgmentInjunctive reliefCivil penaltyTraffic enforcement
References
32
Case No. 15-25-00013-CV
Regular Panel Decision
May 07, 2025

State of Texas, the Texas Facilities Commission, the Texas Health and Human Services Commission, Mike Novak, in His Official Capacity as Executive Director of the TFC, and Rolland Niles, in His Official Capacity as Deputy Executive Commissioner for the System Support Services Division of the Texas Health and Human Services Commission v. Broadmoor Austin Associates, a Texas Joint Venture

Broadmoor Austin Associates leased office space to the Texas government, specifically the Texas Health and Human Services Commission (HHSC), through the Texas Facilities Commission (TFC). Rent has been unpaid for nearly two years due to alleged misconduct by state officials. Broadmoor asserts that sovereign immunity does not bar its claims for breach of contract, citing Chapter 114's express waiver for contracts involving construction and related services. Additionally, Broadmoor brings ultra vires claims against TFC Executive Director Mike Novak and HHSC Deputy Executive Commissioner Roland Niles, alleging their actions were beyond legal authority or a failure to perform ministerial duties. Broadmoor seeks prospective injunctive and declaratory relief to ensure these officials comply with state law, specifically regarding the availability of appropriated funds for the lease.

Sovereign ImmunityBreach of ContractUltra Vires DoctrineState AgenciesGovernment ContractsLease AgreementsLegislative AppropriationsExecutive AuthorityJudicial ReviewTexas Facilities Commission
References
69
Case No. 03-21-00429-CV
Regular Panel Decision
Jan 06, 2022

Greg Abbott in His Official Capacity as Governor of Texas And Ken Paxton In His Official Capacity as Texas Attorney General v. Harris County, Texas

This case involves an interlocutory appeal by Governor Greg Abbott and Attorney General Ken Paxton challenging a trial court's denial of their plea to the jurisdiction and the issuance of a temporary injunction. The core legal question is whether Governor Abbott, under the Texas Disaster Act, can issue an executive order (GA-38) that prohibits local governmental entities, such as Harris County, from implementing face-covering requirements. Harris County officials contend these mandates are vital for public health during the COVID-19 pandemic. The Court of Appeals affirmed the trial court's orders, concluding that the trial court possessed subject-matter jurisdiction and did not err in granting the temporary injunction, as the Governor's actions were likely ultra vires.

Texas Disaster ActExecutive Order GA-38Face Covering MandatesCOVID-19 MitigationLocal Government AuthorityGubernatorial PowersUltra Vires ClaimTemporary InjunctionSubject Matter JurisdictionSovereign Immunity
References
32
Case No. 03-17-00758-CV
Regular Panel Decision
Dec 20, 2018

Charles Holt, Mike Dixon, Tim Nations, and Leonel Acevedo v. Texas Department of Insurance-Division of Workers' Compensation Commissioner Ryan Brannan, in His Official Capacity as DWC Commissioner The State of Texas Through the Honorable Ken Paxton, in His Official Capacity as Attorney General of Texas And the City of Austin

Appellants Charles Holt, Mike Dixon, Tim Nations, and Leonel Acevedo challenged the 'backdating' of their maximum medical improvement (MMI) dates, the use of Official Disability Guidelines (ODG), and the 'designated doctor system' in Texas workers' compensation cases. They sued the Texas Department of Insurance–Division of Workers’ Compensation, its commissioner, the State of Texas, and the City of Austin after losing temporary income benefits due to retrospective MMI dates. The trial court granted the appellees' pleas to the jurisdiction, dismissing all claims against TDI and the State, and dismissing the claims for declaratory, mandamus, and injunctive relief. The appellate court affirmed the trial court's dismissal, finding appellants waived claims against the City and that the State was not a proper party. The court also determined that temporary income benefits were not vested property rights, thus rejecting the takings claim, and upheld the statutory limits on attorney's fees.

Workers' CompensationMaximum Medical ImprovementMMI BackdatingDesignated Doctor SystemSovereign ImmunityJudicial ReviewDeclaratory ReliefUltra ViresAttorney's FeesTakings Claim
References
41
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