Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of July 18, 2022.

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.

Giant Res., LP v. Lonestar Res., Inc, No. 02-21-00349-CV (July 21, 2022) (Wallach, J., joined by Sudderth, C.J., and Birdwell, J.).

Held:  The trial court granted Appellants’ second summary judgment motion, but it should have granted their first motion because Appellants’ quantum meruit claim involved a future transaction or business opportunity, which cannot form the basis of a quantum meruit claim.

In re Tex. Conf. of Seventh-Day Adventists, No. 02-22-00208-CV (July 21, 2022) (orig. proceeding) (Wallach, J., joined by Kerr and Womack, JJ.).

Held:  The trial court abused its discretion by denying Relators’ motion to reconsider their plea to the jurisdiction because the ecclesiastical abstention doctrine applied.

McCreary v. State, No. 02-21-00114-CR (July 21, 2022) (Birdwell, J., joined by Sudderth, C.J., and Kerr, J.).

Held: The jury could have applied any of the common dictionary definitions to interpret the meaning of “material” within Penal Code Section 37.08. Accordingly, the evidence is sufficient to support the jury’s finding that Appellant’s false statements were material under the false report to a peace officer statute.