Second Court of Appeals
Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of April 16, 2018.
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.
McGibney v. Rauhauser, No. 02-16-00244-CV (Apr. 19, 2018) (Sudderth, C.J., joined by Meier, J., and Kerry FitzGerald (Senior Justice, Retired, Sitting by Assignment)).
Held: The trial court abused its discretion by awarding an unreasonable amount of attorney’s fees and monetary sanctions under the Texas Citizens Participation Act (TCPA), by imposing nonmonetary sanctions when the TCPA does not provide for them, and by improperly conditioning the appellate attorney’s fee award.
Robinson v. Home Owners Mgmt. Enters., Inc., No. 02-16-00380-CV (Apr. 19, 2018) (Kerr, J., joined by Walker and Meier, JJ.).
Held: Because the availability of class-action arbitration is a substantive gateway issue for the trial court, absent clear and unmistakable language delegating the question of class-action arbitration availability to the arbitrator, the trial court—not the arbitrator—determines whether an arbitration agreement authorizes class-action arbitration.
Tarrant Appraisal Dist. v. Tarrant Reg’l Water Dist., No. 02-17-00042-CV (Apr. 19, 2018) (op. on reh’g) (Meier, J., joined by Walker and Gabriel, JJ.).
Held: TRWD’s public property is tax exempt under tax code section 11.11(a) because it is “used for public purposes.”
Baylor Scott & White v. Peyton, No. 02-17-00135-CV (Apr. 19, 2018) (Walker, J., joined by Pittman, J., and Charles Bleil (Senior Justice, Retired, Sitting by Assignment)).
Held: Because Baylor Scott & White a/k/a Baylor Health Care System’s (BHCS) affiliation agreement with Decatur Hospital Authority d/b/a Wise Regional Health System (Wise Regional) expressly prohibits BHCS from managing or operating any aspect of Wise Regional, and because BHCS is not a hospital district management contractor that manages or operates Wise Regional, BHCS does not possess governmental immunity from suit under section 285.072 in the underlying negligence action filed by Appellee Kimberly D. Peyton; we therefore dismiss this appeal for lack of jurisdiction.