Phil Johnson

The case concerned whether the City of Lubbock was required under sections 143.038 and 143.041 of the Texas Local Government Code to pay seniority pay increments to firefighters temporarily assigned to higher job classifications in addition to the base pay for those classifications. The trial court denied the city's jurisdictional challenges, ruled that the city had violated the statute, and ordered back pay and injunctive relief. The appellate court reversed, holding that the city had properly compensated the firefighters because seniority pay is determined by permanent classification steps and the city was not obligated to include it during temporary assignments. The court further reasoned that the city's voluntarily adopted step-based pay system did not violate the code and that its method of calculating such pay was not subject to judicial review.

labor & employment

In Harris v. Archer, partners Sterquell, Harris, and Archer formed a limited liability partnership through their profit-sharing trusts to purchase an airport building in Amarillo. After the partners executed settlement agreements transferring Sterquell and Harris's interests to Archer, Archer sold the building for a substantial profit without disclosing prior negotiations for the sale. Sterquell and Harris sued Archer for fraud. Following a jury trial, the trial court entered judgment for Sterquell awarding actual and exemplary damages but a take-nothing judgment for Harris; on appeal, the court overruled the motion for rehearing, conditionally affirmed the judgment as to Sterquell, reversed the take-nothing judgment as to Harris, and conditionally granted judgment in Harris's favor based on jury findings concerning the partnership agreement, transfers, and disclosure obligations.

business & regulatorypropertytorts & liability

In Archer v. Warren, Dr. Emily Archer, a gynecologist, was sued for medical negligence after performing surgery on patient Anita Warren to repair stress urinary incontinence, a cystourethrocele, and a rectocele; the surgery relieved the incontinence but allegedly caused permanent nerve damage and leg pain. The plaintiffs alleged that Dr. Archer negligently failed to offer non-surgical Kegel’s exercises as an initial option, that Warren would have chosen and succeeded with them, and that this omission proximately caused the need for surgery and resulting injury. The appellate court reversed the trial court's judgment for the plaintiffs and rendered a take-nothing judgment, concluding that the evidence was legally insufficient to prove to a reasonable medical probability that Kegel’s exercises would have corrected the condition enough to avoid surgery.

torts & liabilityprocedure

In Sunnyside Feedyard, L.C. v. Metropolitan Life Insurance Co., Sunnyside sold a feedyard operation including real property to Wacross, which financed part of the purchase price through a loan from Metropolitan secured by a deed of trust, vendor's lien, and related documents executed at closing. Sunnyside later claimed an implied equitable purchase-money lien on the property superior to Metropolitan's lien, alleging issues with the closing agent's handling of funds and documents. The trial court granted Metropolitan's no-evidence motion for summary judgment and declared its lien first in priority. The appellate court affirmed, holding that Sunnyside failed to present evidence raising a fact issue that Metropolitan acted inequitably toward Sunnyside so as to permit equitable subordination of its lien, particularly in light of the warranty deed's recitals acknowledging full payment of the Metropolitan funds and no retained liens.

property

The case involved Holly West's appeal from a trial court order terminating her parental rights to her minor son T.W. The Court of Appeals of Texas dismissed the appeal for want of jurisdiction because the notice of appeal was filed more than 20 days after the termination order was signed. Appeals from termination orders are accelerated under the Texas Family Code, requiring the notice to be filed within 20 days, and post-trial motions do not extend this deadline. The court reasoned that it lacked authority to enlarge the time for perfecting an appeal in a civil case, even though the appellant argued lack of prejudice and discretion under the rules.

family lawprocedure

In Ware v. Miller, a former Potter County constable sued the county, its judge, and commissioners after they eliminated his salary and benefits during his 1999-2000 term, seeking a declaration that the salary was unreasonable, a writ of mandamus to set a reasonable salary, damages for the shortfall, and related relief. The trial court denied the defendants' pleas to the jurisdiction and summary judgment motions, granted partial summary judgment to the plaintiff, and issued mandamus. On interlocutory appeal, the court held that the plaintiff lacked standing for damages claims after his term ended, that the commissioners enjoyed legislative immunity for salary-setting decisions, and that the trial court lacked jurisdiction over the damages and mandamus requests; it reversed those rulings, rendered judgment for the defendants on those claims, and remanded only the declaratory relief portion for further proceedings.

procedurelabor & employment