Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of December 17, 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.

Hyde v. Nw. Reg’l Airport Prop. Owners Ass’n, Inc., No. 02-17-00385-CV (Dec. 20, 2018) (Meier, J., joined by Sudderth, C.J., and Kerr, J.).

 Held:  A majority of the then property owners subject to each set of preexisting deed restrictions failed to approve the IDRs; therefore, as a matter of law, the IDRs are invalid and unenforceable, and the POA lacks the authority to assess fees to maintain the Airport’s common areas.

In re Wade, No. 02-18-00323-CV (Dec. 20, 2018) (Birdwell, J., joined by Sudderth, C.J., and Meier, J.).

Held:  The real parties in interest did not serve an expert report upon the relators as required by section 128.053 of the Texas Civil Practice and Remedies Code, and section 128.053 therefore mandated dismissal of the real parties in interest’s shooting-related claims and an award of attorney’s fees to the relators. There is no merit to constitutional challenges made by the real parties in interest to the requirements of section 128.053.  For these reasons, the trial court clearly abused its discretion by denying the relators’ motion to dismiss.

The relators have no adequate remedy from the trial court’s error.  Requiring them to proceed to trial on claims that must be dismissed under the statute would defeat the substantive right the Legislature sought to protect.