Second Court of Appeals | Case Summaries

Summaries of Civil Opinions and Published Criminal Opinions Issued – Week of November 20, 2006

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.

Texas Municipal League Intergovernmental Risk Pool v. Burns, No. 02-05-00368-CV (Nov. 22, 2006) (William H. Brigham, Senior J., retired, sitting by assignment, joined by Dauphinot and Gardner, JJ.).: Held: The trial court properly (1) struck the City of the Colony's petition in intervention on the ground that it was untimely under labor code section 410.252(a), (2) dismissed TML Risk Pool's suit for lack of standing on the ground that TML Risk Pool was not a party entitled to judicial review under section 410.252(a), (3) ordered the City to pay Burns's attorney's fees under labor code section 408.221(c), and (4) assessed the attorney ad litem's fees as costs against the City under probate code sections 34A and 622(a) and TEX. R. CIV. P. 131.
Hong v. Bennett, No. 02-05-00408-CV (Nov. 22, 2006) (Livingston, J., joined by Holman and Walker, JJ.).: Held: Because Hong filed an affidavit that was sufficient under section 18.001(f) of the civil practice and remedies code to controvert Bennett's affidavit as to the reasonableness and necessity of his chiropractic expenses filed under section 18.001(b), the trial court abused its discretion by admitting both Hong's and Bennett's affidavits at trial in lieu of requiring Bennett to provide expert testimony as to the reasonableness and necessity of his chiropractic expenses.