Second Court of Appeals | Case Summaries

Summaries of Civil Opinions and Published Criminal Opinions Issued – Week of September 15, 2008

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 Estate of Richard Glenn Wolfe, Sr., No. 02-08-00005-CV (Sept. 18, 2008) (McCoy, J., joined by Livingston and Dauphinot, JJ.).: Held: Life insurance and individual retirement account proceeds and the surviving spouse's income received after the decedent's death are not considered the surviving spouse's separate property for purposes of calculating the family allowance under the probate code.

Wee Tots Pediatrics, P.A. v. Morohunfola, No. 02-08-00178-CV and In re Wee Tots Pediatrics, P.A., No. 02-08-00246-CV (Sept. 18, 2008) (Holman, J., joined by Livingston and Dauphinot, JJ.).: Held: The trial court abused its discretion by denying Relator's motion to compel arbitration of counterclaims and third party claims and to abate the proceedings on the counter claims and third party claims pending arbitration. Relator established a valid arbitration agreement subject to the Federal Arbitration Act and covering the arbitrable claims, and Real Party in Interest did not establish her defenses to arbitration. The interlocutory appeal is dismissed as moot.

Mikkelson v. State, No. 02-07-00173-CR (Sept. 18, 2008) (Dauphinot, J., joined by Livingston and McCoy, JJ.).: Held: The evidence that Appellant went to the car's front passenger seat, rummaged around on the floorboard where the gun was later located, and admitted that the gun was his sufficiently linked Appellant to the gun to prove his possession of it. Further, considering the police officers' testimony that the gun was a firearm and the crime lab employee's testimony that he only tests handguns and that he tested the gun in this case, the evidence is legally and factually sufficient to prove that the gun is a firearm.