Summaries of Civil Opinions and Published Criminal Opinions Issued – Week of November 22, 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.

Wood v. Tex. Dep't Pub. Safety, No. 02-10-00120-CV (Nov. 24, 2010) (Gabriel, J., joined by Gardner and Walker, JJ.).

Held: The trial court erred in denying appellant's petition for an occupational license for failure to pay surcharges accrued under the Driver Responsibility Program. A driver's license suspension under the Driver Responsibility Program for failure to pay surcharges is not one of the listed reasons for ineligibility under the Occupational License Act. Thus, the trial court was required by statute to determine appellant's essential need in a written order. Further, allowing a driver suspended under the Driver Responsibility Program to obtain an occupational license would not be an absurd result because the Department of Public Safety has indicated a concern that drivers who could not pay the surcharges would be indefinitely suspended. Thus, the case is remanded to the trial court for a determination of appellant's essential need as required by the statute.

Moncrief Oil Int'l, Inc. v. OAO Gazprom, No. 02-09-00336-CV (Nov. 24, 2010) (Walker, J., joined by Gardner, J.; and William Brigham (Senior Justice, Retired, Sitting by Assignment)).

Held: For the reasons detailed in the opinion, the trial court properly granted Appellees' special appearances.

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