Second Court of Appeals | Case Summaries

Summaries of Civil Opinions and Published Criminal Opinions Issued – Week of June 18, 2007

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions can be accessed by clicking the cause number then clicking View HTML Version of Opinion.

East Hill Marine, Inc. v. Rinker Boat Co., No. 02-06-00210-CV (June 21, 2007) (Livingston, J., joined by Cayce, C.J., and Gardner, J.).: Held: The trial court properly granted Appellees' no-evidence motion for summary judgment because the parties did not enter into a written agreement required for boat dealers under the Occupations Code. The trial court also properly granted summary judgment in favor of Appellees' statute of frauds defense because there was no written agreement, and the contracts were for the sale of goods over $500. Finally, because the transactions exceeded the $500,000 maximum for DTPA claims, the trial court properly granted summary judgment in favor of Appellees on East Hill Marine's DTPA claim.
In re M.M.M., No. 02-06-00470-CV (June 21, 2007) (Dauphinot, J., joined by Gardner and Walker, JJ.).: Held: The trial court's finding that termination is not in M.M.M.'s best interest is a finding of fact. The trial court had no duty to enter findings addressing why termination was not in M.M.M.'s best interest because such findings would be merely evidentiary. Accordingly, the trial court did not err by failing to enter Appellant's requested findings.
In re R.C.R., No. 02-06-00251-CV (June 21, 2007) (Livingston, J., joined by Holman and Gardner, JJ.).: Held: Dismissal of pro se inmate's case for failure to appear at dismissal docket hearing was reversed. Appellant was unable to appear at the hearing because he was incarcerated and because the trial judge denied his request for a bench warrant or to appear by alternative means.