With today’s orders list, the Texas Supreme Court issued per curiam opinions in two pending cases.
Leila Regina Brown Hidalgo v. Alvin Steele Hidalgo, No. 09-0415 (per curiam) (briefs). The Texas Supreme Court gave some relief to a litigant that had chosen a losing appellate strategy. The appellant advanced a procedural argument in the court of appeals that was correct under then-existing precedent. But during the pendency of the appeal, the Texas Supreme Court changed course, announcing the opposite rule in In re Baylor Medical Center at Garland.
The Court noted its general power under Rule 60.2(f) to remand for further proceedings “in light of changes in the law.” The Court chose today to make sure a remand: “Due to the timing of events, Leila is confronted with a trial court judgment that she believes is substantively defective, but she has not had the opportunity to have those arguments heard on appeal. In light of a change in the law and in the interest of justice, Leila should be allowed to argue to the court of appeals the substantive reasons she believes the trial court’s judgment was erroneous.”
Texas Health Insurance Risk Pool v. Sharon B. Sigmundik, Benjamin J. Sigmundik and Zachary P. Sigmundik, et al., No. 09-0772 (per curiam) (briefs). The Court held that part of the settlement should have been allocated to the Risk Pool under its contractual subrogation rights. The Texas Supreme Court held that the trial court, which relied on equitable principles to deny subrogation, had confused contractual subrogation with equitable subrogation.
Five new cases chosen for argument
The Court also selected five petitions for next year’s argument calendar. No date or time has been set for argument in these cases:
Anglo-Dutch Petroleum International, Inc., et al v. Greenberg Peden, P.C. and Gerard J. Swonke, No. 08-0833 (docket and briefs)
Hyde Park Baptist Church v. Tara Turner and Terry Curtis, No. 09-0191 (docket and briefs))
American Home Assurance Co. and Illinois National Insurance Co. v. Maryland Casualty Co., No. 09-0226 (docket and briefs))
In re Coy Reece, No. 09-0520 (docket and briefs))
Jeremy Molinet v. Patrick Kimbrell, M.D. and John Horan, M.D., No. 09-0544 (docket and briefs))