Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of November 15, 2021.

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.

Serrano v. State, No. 02-20-00014-CR (Nov. 18, 2021) (Walker, J., joined by Womack and Wallach, JJ.).

Held: Fleeing a police officer under Transportation Code Section 545.421 is not a lesser-included offense of evading arrest under Penal Code Section 38.04. This court’s prior opinion in Walker v. State, 95 S.W.3d 516 (Tex. App.––Fort Worth 2002, pet. ref’d), does not compel a different result because its holding was based on a cognate-evidence analysis since rejected by the Texas Court of Criminal Appeals.

Tex. Health Huguley, Inc. v. Jones, No. 02-21-00364-CV (Nov. 18, 2021) (Sudderth, C.J., joined by Kerr and Womack, JJ.).

Held:  The judiciary is bound by the law, and the law does not allow a trial court to issue a temporary injunction unless the injunction-seeking party presents a viable cause of action and a probable right to recovery. Appellee sought to compel Appellant, a hospital, to grant ICU privileges to Appellee’s chosen doctor so the doctor could administer Ivermectin to Appellee’s husband in the hospital’s ICU.  But Appellee did not plead a viable cause of action or offer evidence tending to sustain it, and thus Appellee did not show her probable right to recovery. Consequently, the trial court lacked the authority to issue a temporary injunction interfering with Appellant’s legal exercise of its discretion to grant, deny, or limit the chosen doctor’s ICU credentials.