Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of January 13, 2014

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.

In re Stephanie Wilson, No. 02-14-00007-CV (orig. proceeding) (Jan. 15, 2014) (Livingston, C.J., joined by Walker and Gabriel, JJ.)

Held:  Deborah Peoples, the Tarrant County Democratic Party Chair, did not violate a ministerial duty by removing Stephanie Wilson's name from the Tarrant County Democratic primary election ballot for Justice of the Peace, Precinct 8, after Peoples verified via voter registration records that at least 72 of Wilson's signatures were from persons who were either not registered to vote in Tarrant County or were not residents of Precinct 8, leaving Wilson short of the 250 required petition signatures. Thus, Wilson is not entitled to mandamus relief.

Morrison v. Campbell, No. 02-13-00174-CV (Jan. 16, 2014) (Dauphinot, J., joined by Walker and McCoy, JJ.)

Held:  Appellee sued Appellant to recover loss of use damages. His motorcycle had been declared a total loss after being damaged in an accident with Appellant, and the insurer refused to pay loss of use damages. Appellant's motion for summary judgment asserted that loss of use damages are available only when property is repairable, not when it is destroyed. The trial court denied Appellant's motion for summary judgment, and Appellant brought this interlocutory appeal. Because we hold that loss of use damages are available to a plaintiff when property is destroyed but the insurer unreasonably delays paying the claim, we affirm.

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