Second Court of Appeals | Case Summaries

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of June 18, 2012

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.

BNSF Ry. Co. v. Nichols, No. 02-10-00375-CV (June 21, 2012) (Livingston, C.J., joined by Dauphinot and Walker, JJ.). [Note: both opinions at the same link.]: Held: Under the relaxed causation standard of FELA, the evidence was sufficient to prove that Appellant's negligence played at least a small part in bringing about Appellee's degenerative disc disease. Appellee's expert testified about the types of work Appellee performed while working for Appellant, and he also relied on studies showing a connection between back-related musculoskeletal disorders and similar railyard work.

Brennan v. City of Willow Park, Tex., No. 02-11-00265-CV (June 21, 2012) (Walker, J., joined by Livingston, C.J., and McCoy, J.). [Note: This opinion withdrawn by the Court August 16, 2014. See new opinion.]: Held: The trial court erred when it determined that it lacked jurisdiction over Appellants' claims for declaratory judgment, for injunctive relief, and for mandamus relief against all Appellees; thus, the trial court erred by granting Appellees' pleas to the jurisdiction.

In re A.B. & K.M.B., No. 02-11-00362-CV (June 21, 2012) (Meier, J., joined by Dauphinot and Gardner, JJ.).: Held: Father failed to preserve for appellate review his argument that the trial court violated his due process rights by erroneously instructing him about his Fifth Amendment privilege against self incrimination.

$1760.00 in United States Currency, No. 02-11-00391-CV (June 21, 2012) (Walker, J., joined by Dauphinot and Gardner, JJ.).: Held: A nonimmediate right of replay—by means of redeeming a ticket of no cash value for points electronically input from a central location to an eight-liner chosen by the ticket holder at an adult game room at a subsequent visit—does not prohibit application of the "fuzzy animal" exclusion from the definition of "gambling devices" under section 47.01 of the Texas Penal Code, and thus the eight-liner machines at issue were not subject to forfeiture by the State.

In re W.L.W., No. 2-12-00138-CV (June 21, 2012) (orig. proceeding) (Meier, J., joined by Gardner, J.; Livingston, C.J., dissents with opinion). [Note: both opinions at the same link.]: Held: The divorce decree's "residuary clause" irreconcilably conflicts with the decree's section 18.a and is ineffective—the alleged undisclosed or undervalued assets could not have been unambiguously awarded to Wade under section 18.a but simultaneously "concurrently" awarded to Deborah by the "residuary clause" if she demonstrates in a post-judgment action that Wade failed to disclose or undervalued those assets in his inventory and appraisement, and the "residuary clause" destabilizes section 18.a's as-written final asset awards, contributing to speculation and uncertainty in the finality of the property division.; Dissent: The majority's opinion alters the parties' contractual bargain by discarding the stipulation that awarded assets to one party if they were not disclosed or were undervalued by the other party. Reading the parties' agreement comprehensively, the stipulation harmonizes with all other parts of the contract. Deborah permissibly seeks to enforce the property division established by the parties' contract and the trial court's divorce decree.

Pitman v. State, No. 02-10-00499-CR (June 21, 2012) (Gardner, J., joined by Dauphinot and McCoy, JJ.).: Held: The trial court did not abuse its discretion by denying Appellant's motion for new trial alleging a violation of Brady v. Maryland, 373 U.S. 83 (1963).