law-home-owner
HOME OWNER CASE LAW FROM THE TEXAS SUPREME COURT
Perry Homes v. Cull, No. 05-0882 (Tex. May 2, 2008)(Opinion by Scott A. Brister)(arbitration award in favor of
consumers overturned; court says home owners implicitly waived right to arbitrate by their litigation conduct)
05-0882 PERRY HOMES, A JOINT VENTURE, HOME OWNERS MULTIPLE EQUITY, INC., AND WARRANTY
UNDERWRITERS INSURANCE COMPANY v. ROBERT E. CULL, AND S. JANE CULL; from Tarrant County; 2nd
district (02-04-00052-CV, 173 S.W.3d 565, 08-31-05)
The Court reverses the court of appeals' judgment, vacates the arbitration award, and remands the case to
the trial court.
Justice Brister delivered the opinion of the Court, in which Justice Hecht, Justice O'Neill, Justice Wainwright,
and Justice Medina joined, and in which Chief Justice Jefferson, Justice Green, Justice Johnson, and Justice
Willett joined as to parts I-V.
Justice O'Neill delivered a concurring opinion.
Justice Johnson wrote an opinion concurring and dissenting in part, which was joined by Chief Justice Jefferson and Justice
Green
Justice Willett delivered an opinion concurring in part and dissenting in part.
Opinion below: Perry Homes v. Cull, 02-04-00052-CV, (Tex.App.- Fort Worth, Aug 31, 2005, pet . filed)(reversed, and arbitration
award for home owners vacated)
Grimes Construction, Inc. v. Great American Lloyds Ins. Co., No. 06-0332 (Tex. 2007)(per curiam) (liability
insurance coverage for defective work by contractor)
GRIMES CONSTRUCTION, INC. v. GREAT AMERICAN LLOYDS INSURANCE COMPANY; from Tarrant County;
2nd district (02-04-00335-CV, 188 S.W.3d 805, 03/09/06)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing
oral argument, the Court reverses the court of appeals' judgment and remands the case to the trial court.
This declaratory judgment action concerns the duty to defend and indemnify under a commercial general
liability (CGL) policy. The appeal presents issues similar to those decided in Lamar Homes, Inc. v.
Mid-Continent Casualty Co., 242 S.W.3d 1 (Tex. 2007).
PETITIONS DENIED BY THE SUPREME COURT
08-0259
WAYNE DUDDLESTEN, LTD., SUCCESSOR TO WAYNE DUDDLESTEN, INC. AND TBJ PROPERTIES, INC. v.
CYPRESS NORTHWEST ASSOCIATES, LTD.; from Harris County; 1st district (01-05-00827-CV, ___ SW3d
___, 02-21-08) (breach of contract claim, statue of limitations, breach of restrictive covenant, summary
judgment reversed)