Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of July 1, 2019.

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.

Scott v. West, No. 02-18-00211-CV (July 3, 2019) (Pittman, J., joined by Sudderth, C.J., and Gabriel, J.).

Held:  The court allowed this permissive appeal to determine whether any party has an absolute duty to repair or replace the retaining wall that is the subject of this lawsuit.  Because (1) the doctrine of lateral support does not apply and (2) tort law does not impose an absolute duty to repair or replace the wall, and any obligation with respect to the wall would be as a remedy imposed for the breach of a duty otherwise imposed by tort law, we affirm the trial court’s partial summary judgment in favor of Appellees.