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 -----Original Message-----
From: 	"Law.com/tx" <tx_case_alert+387175.153596706.1@reply.law.com>@ENRON [mailto:IMCEANOTES-+22Law+2Ecom_tx+22+20+3Ctx+5Fcase+5Falert+2B387175+2E153596706+2E1+40reply+2Elaw+2Ecom+3E+40ENRON@ENRON.com] 
Sent:	Thursday, September 06, 2001 1:01 AM
To:	Hu, Sylvia
Subject:	Texas Case Alert, September 6, 2001


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       L A W . C O M / T E X A S

           C A S E  A L E R T

                  for

          S E P T E M B E R 6, 2 0 0 1

<http://tm0.com/sbct.cgi?s=153596706&i=387175&d=1740352>

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*Texas Courts of Appeal*


CRIMINAL LAW - OFFICER JURISDICTION
Gerron v. State
Municipal police can arrest a person outside their geographic
jurisdictional area and without a warrant when the person commits
any offense in the officer's presence or view, except a traffic
violation. Waco Court of Appeals, No. 10-00-066-CR; Posted August
31, 2001.
http://tm0.com/sbct.cgi?s=153596706&i=387175&d=1740353



CRIMINAL LAW - ORGANIZED CRIME
Goodwin v. State
Texas Rule of Appellate Procedure 25.2(b)(3) does not apply to
issues raised in a post-adjudication appeal that are unrelated to
the conviction; the rule continues to apply to conviction-related
issues. Waco Court of Appeals, No. 10-00-285-CR; Posted August 31,
2001.
http://tm0.com/sbct.cgi?s=153596706&i=387175&d=1740354



EMPLOYMENT LAW - BREACH OF CONTRACT
Runge v. Raytheon E-Systems, Inc.
The Sabine Pilot exception to the employment-at-will doctrine does
not extend to those individuals terminated from their jobs for
reporting illegal activities. Waco Court of Appeals, No.
10-00-013-CV; Posted August 31, 2001.
http://tm0.com/sbct.cgi?s=153596706&i=387175&d=1740355



EMPLOYMENT LAW - RETALIATION
Alayon v. Delta Air Lines, Inc.
Summary judgment against employee who accused his employer of
retaliation reversed where employee's evidence showed that the
employer had knowledge that the employee had filed a workers'
compensation before he was fired. Waco Court of Appeals, No.
10-99-297-CV; Posted August 31, 2001.
http://tm0.com/sbct.cgi?s=153596706&i=387175&d=1740356



CIVIL LITIGATION - SANCTIONS
Adkins Services, Inc. v. Tisdale Company, Inc.
Imposition of a sanction is proper if there is a direct
relationship between the offensive conduct and the sanction
imposed, and the sanction is not excessive. Texarkana Court of
Appeals, No. 06-00-00096-CV; Posted August 31, 2001.
http://tm0.com/sbct.cgi?s=153596706&i=387175&d=1740357



FAMILY LAW - CONSERVATORSHIP
In the Interest of C.R.T.
In debating whether to appoint a parent or non-parent as managing
conservator, the statute requires the court to presume that the
best interests of a child lay in appointing a biological parent,
but the presumption is rebuttable. Amarillo Court of Appeals, No.
07-00-0456-CV; Posted August 31, 2001.
http://tm0.com/sbct.cgi?s=153596706&i=387175&d=1740358



CIVIL LITIGATION - CONTINUANCE
In Re: North American Refractories Co.
The relator filed a proper motion for continuance based in part on
the vacation letter and the mandatory language of Rule 11 of the
Regional Rules of Administration for the Second Administrative
Judicial Region of Texas, therefore, once the motion was filed
invoking the rule, the trial court had no discretion to ignore the
mandatory language in the rule. Beaumont Court of Appeals, No.
09-01-270-CV; Posted August 30, 2001.
http://tm0.com/sbct.cgi?s=153596706&i=387175&d=1740359



HEALTH CARE - IMMUNITY
Spindletop MHMR v. Doe
The Legislature consented in Texas Health and Safety Code
?321.003(b) to suit against publicly operated mental health
facilities for alleged violations of ?321.003(a). Beaumont Court
of Appeals, No. 09-01-224-CV; Posted August 30, 2001.
http://tm0.com/sbct.cgi?s=153596706&i=387175&d=1740360



INSURANCE LAW - CAPACITY
Guillory v. Service Life and Casualty Insurance Co.
As a party to the credit life application, appellant has capacity
to institute a lawsuit against the other party to the contract
because capacity to sue involves the legal authority to act,
regardless of whether said party has a justiciable interest in the
controversy. Beaumont Court of Appeals, No. 09-01-036-CV; Posted
August 30, 2001.
http://tm0.com/sbct.cgi?s=153596706&i=387175&d=1740361



FAMILY LAW - CHILD SUPPORT
In the Interest of B.C.
The provisions of the UIFSA control in a case involving a Missouri
judgment whose enforcement is sought in Texas. Beaumont Court of
Appeals, No. 09-00-323-CV; Posted August 30, 2001.
http://tm0.com/sbct.cgi?s=153596706&i=387175&d=1740362



REAL ESTATE - EASEMENTS
Akers v. Stevenson
Evidence concerning personal or family history, and boundaries of
or customs affecting lands in the community, are exceptions to the
hearsay rule. Beaumont Court of Appeals, No. 09-00-313-CV; Posted
August 30, 2001.
http://tm0.com/sbct.cgi?s=153596706&i=387175&d=1740363



TORTS - IMMUNITY
Thompson v. City of Corsicana Housing Authority
Although Texas Local Government Code ?392.006 appears to
constitute a limited waiver of a housing authority's immunity from
a suit brought under chapter 92, it does not waive a housing
authority's immunity from a suit for personal injuries. Waco Court
of Appeals, No. 10-99-352-CV; Posted August 29, 2001.
http://tm0.com/sbct.cgi?s=153596706&i=387175&d=1740364



CRIMINAL LAW - POSSESSION
Gill v. State
The State must prove sufficient "affirmative links" in every
possession case, but the links that must be proved will vary
depending on the nature of the accused's possession of the
contraband. Waco Court of Appeals, No. 10-00-005-CR; Posted August
29, 2001.
http://tm0.com/sbct.cgi?s=153596706&i=387175&d=1740365



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