law-retroactive-application
Thus, when the Seureaus filed their lawsuit in 2002, the Legislature had not waived the Port's immunity by using
“sue and be sued" language in statutes governing navigation districts. See id. Even had Tooke effected a
change in the law, the Texas Supreme Court's decision applies retroactively. See Bowen v. Aetna Cas. & Sur.
Co., 837 S.W.2d 99, 100 (Tex. 1992); Newsome v. Charter Bank Colonial, 940 S.W.2d 157, 162 (Tex. App.-
Houston [14th Dist.] 1996, writ denied); see also Whole Foods Mkt. Sw., L.P. v. Tijerina, 979 S.W.2d 768, 773
(Tex. App.- Houston [14th Dist.] 1998, pet. denied) (requiring courts to render decisions in light of changes in
law). Seureau v. Exxon Mobil Corp (Tex.App.- Houston [14th Dist.] Oct. 16, 2008)(Brown)
McLane v. McLane (Tex. App.- Houston [1st Dist.] May 1, 2008)(Op. on motion for rehearing by Hanks)(child
support decrease, intentional underemployment found to justify deviation from guideline amount, retroactive
application)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
Before Justices Taft, Hanks and Higley
01-06-00634-CV Michael McLane v. Sandra Helene McLane
Appeal from 309th District Court of Harris County
Trial Court Judge: Hon. Frank B. Rynd