Buc-Ee's, Ltd., A/K/A Buc-Ee's, Inc. v. John J. Hribek

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-08-00120-CV

Buc-ee's, Ltd., a/k/a Buc-ee's, Inc., Appellant

v.

John J. Hribek, Appellee

FROM THE DISTRICT COURT OF LEE COUNTY, 21ST JUDICIAL DISTRICT

NO. 13,050, HONORABLE TERRY L. FLENNIKEN, JUDGE PRESIDING

C O N C U R R I N G O P I N I O N

I concur in the result reached by the majority, but write separately to emphasize how close the issue of knowing and voluntary waiver is in this case, even in the context of summary judgment. Other courts have noted that issues involving the "totality of the circumstances" test are "unusual to resolve on…