Legal Opinion · Concurrence

Brian Shanklin and Todd Rimmer v. Bassoe Offshore (USA), Inc., Mike Smith, and Jonathan Fairbanks

Texas Court of Appeals, 1st District (Houston)

Decided May 14, 2013No. 01-12-00563-CVPublished

1ConcurrenceMichael Massengale, Justice

The majority’s entire discussion of Real Estate License Act standing is dicta: the opinion expressly acknowledges that “even if the trial court erred in concluding that Shanklin and Rimmer lacked standing, its subsequent findings after a bench trial preclude a reversal of the partial summary judgment.” I agree that the outcome of the trial on the merits is determinative of this appeal, and it requires that we affirm. But I do not agree with the majority’s unnecessary frolic into uncharted legal territory on the subject of RELA standing.

Even if it were necessary to reach the standing issue, I…

2Cases cited5 opinions

  1. Riverside National Bank v. LewisTexas Supreme Court · 1980
  2. Texas Mutual Insurance Co. v. RuttigerTexas Supreme Court · 2012
  3. Flenniken v. Longview Bank and Trust Co.Texas Supreme Court · 1983
  4. Holloman v. Denson, Texas Court of Appeals, 10th District (Waco)1982
  5. Jerry Dohalick v. Moody National Bank, Texas Court of Appeals, 14th District (Houston)2012

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