Second Court of Appeals | Case Summaries

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of May 19, 2014

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.

Farmers Grp. Ins., Inc. v. Poteet, No. 02-11-00159-CV (May 22, 2014) (Gardner, J., joined by Dauphinot and McCoy, JJ.).: Held: The trial court erred by failing to disregard the jury's findings of damages in the amount of $31,300.00 for Appellants' breach of the appraisal provision in the homeowner's policy issued by Appellants to Appellee because those findings were for losses this court held were not recoverable under the policy in Poteet v. Kaiser, No. 02-06-00397-CV, 2007 WL 4371359 (Tex. App.–Fort Worth Dec. 13, 2007, pet. denied) (mem. op.). Because the trial court erred in failing to disregard these jury findings and because Appellee failed to segregate her attorney's fees incurred pursuing those claims and the claims upon which she did not prevail in the prior appeal from her attorney's fees related to Appellants' breach of the appraisal provision, the trial court erred by entering judgment on the jury's findings awarding Appellee $200,000.00 in attorney's fees.
BNSF Ry. Co. v. Phillips, No. 02-11-00250-CV- Opinion , 02-11-00250-CV- Dissent (May 22, 2014) (op. on reh'g) (Dauphinot, J., joined by McCoy, J.; Meier, J., dissents with opinion).: Held: Some evidence supports the jury's finding that Phillips filed his FELA claims within three years from the day his cause of action accrued. Further, toxic tort law does not apply to whole body vibration cases.; Dissent: No evidence supports the jury's finding that Phillips filed his FELA claims within three years from the day his cause of action accrued. The mandatory requirements for scientific reliability established in Merrell Dow Pharmaceuticals, Inc. v. Havner, 953 S.W.2d 706 (Tex. 1997), and reinforced in Merck & Co. v. Garza, 347 S.W.3d 256 (Tex. 2011), apply to whole body vibration cases.

Powe v. State, Nos. 02-12-00356-CR , 02-12-00357-CR (May 22, 2014) (Dauphinot, J., joined by Meier and Gabriel, JJ.).

Held: When the trial court received Appellant's letters, the sentences had already been pronounced, and Appellant was already serving them. The letters did not request a new trial. The trial court therefore could not vacate the sentences. A trial court cannot grant a new trial on its own motion; only a defendant can request and receive a new trial in a criminal case.