Second Court of Appeals | Case Summaries

Summaries of Civil Opinions and Published Criminal Opinions Issued – Week of August 4, 2008

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 (PDF version) can be accessed by clicking the cause number.

Fieldtech Avionics & Instruments, Inc. v. Component Control. Com, Inc., No. 02-07-00329-CV (Aug. 7, 2008) (Gardner, J., joined by Dauphinot and Holman, JJ.).: Held: The trial court erred by granting summary judgment in favor of Appellee software company because Appellants' summary judgment evidence raised a fact issue as to whether Appellee software company breached its contract and warranty obligations. But the trial court did not err by granting summary judgment in favor of Appellee finance lease company because the finance lease agreement's “hell or high water” clause made the lease enforceable even if Appellee software company breached its contract and warranty obligations with regard to the software subject to the finance lease agreement.

Mashburn v. State, No. 02-07-00256-CR (Aug. 7, 2008) (Livingston, J., joined by Dauphinot and Holman, JJ.).: Held: Legally and factually sufficient nonaccomplice evidence, including the medical examiner's testimony about the nature of the victim's wounds and Appellant's own testimony, supported Appellant's murder conviction. The trial court was not obligated to sua sponte charge the jury on aggravated assault, manslaughter, or sudden passion. The absence of an accomplice witness instruction in the jury charge was harmless considering the nonaccomplice evidence supporting Appellant's conviction.