Amberboy v. Societe De Banque Privee

I concur in the court’s acceptance of this certified question but disagree with its answer. This writing seeks to clarify the proper function of the Texas .Supreme Court in responding to such queries and to explain why the answer provided in this particular case is erroneous.

I

In our federal system, proper deference should be given to our state courts in the *799interpretation of the unique law of each state. To further this objective the people of Texas approved a constitutional amendment specifically empowering this court to “answer questions of state law certified from a federal appellate…