Second Court of Appeals | Case Summaries

Summaries of Civil Opinions and Published Criminal Opinions Issued – Week of May 17, 2010

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.

Presbyterian Cmty. Hosp. of Denton v. Smith, No. 02-09-00288-CV (May 20, 2010) (Gardner, J., joined by Livingston, C.J., and Walker, J.).: Held: The trial court did not abuse its discretion by denying Appellants’ motion to dismiss the healthcare liability claim filed against them. The expert reports adequately discuss duty, breach of duty, and causation relating to the acts or omissions of three nurse-employees.

In re Riggs, No. 02-10-00075-CV (May 20, 2010) (Livingston, C.J., joined by Dauphinot and McCoy, JJ.).: Held: The trial court abused its discretion by refusing to dismiss Relator’s claims against Edward D. Jones & Co., L.P. and William B. Atkins, III, which had been ordered to arbitration, because a request for arbitration is not a claim for affirmative relief that would prevent the taking of a nonsuit. Because Relator has no adequate remedy at law, mandamus relief is conditionally granted.

State v. Priddy, No. 02-09-00132-CR (May 20, 2010) (Livingston, C.J., joined by Walker and Meier, JJ.).: Held: The trial court erroneously granted Appellee’s motion to suppress evidence resulting from an interaction between Appellee and a Burkburnett police officer at her stopped vehicle; the officer’s initial approach to Appellee’s parked, running car was a voluntary encounter and did not turn into a temporary detention until Appellee rolled down her window and the officer observed facts giving him reasonable suspicion to investigate Appellee for driving while intoxicated.