The Court issued five merits decisions with today’s order list.

  • Southwestern Bell Telephone Co., L.P. v. Mitchell, No. 05-0171. This judgment had a 5-3 split, with Justice Hecht writing the majority opinion and the Chief Justice writing the dissenting opinion. (Justice Green did not sit.)

  • Dallas Area Rapid Transit v. Amalgamated Transit Union Local No. 1338, No. 06-0034. Justice Hecht wrote for a unanimous court.

  • United States Fidelity & Guaranty Co. v. Goudeau, No. 06-0987. This is a 6-3 decision, with Justice Brister writing the majority opinion and Justice Green writing the dissenting opinion.

  • In re Rolando Caballero, No. 07-0484. The Court ultimately affirmed the judgment of disbarment in this attorney-discipline appeal, but the Justices were divided. Seven Justices signed onto this majority opinion by Justice Green. Justice Willett, joined by Justice Medina, dissented.

  • Gardner v. U.S. Imaging, Inc., No. 08-0268 (per curiam)

Southwestern Bell Telephone Co. v. Mitchell looks like a very significant case about the role of the Texas Supreme Court in relation to the Texas Legislature. I’ll write a little more about that in a separate post.


The Court also granted the petition for review in Hagen v. Hagen, No. 07-1065 (DB), from Bexar County. That case is now set for oral argument on January 14, 2009. (( The counsel here got hit with a doubly whammy. The Court not only gave just about the minimum amount of time to prepare for oral argument, but that period spans the holidays. ))

CVSG, Texas Style

And the Court added a new category heading in this order list — “Solicitor General Invited To File Brief.” More on that a little later today.