Legal Opinion
Beard Family Partnership v. Commercial Indemnity Insurance Company
Texas Court of Appeals, 3rd District (Austin)
Decided August 29, 2003No. 03-01-00443-CVPublished
1Opinion of the Court
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-01-00443-CV
Beard Family Partnership, Appellant
v.
Commercial Indemnity Insurance Company, Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 353RD JUDICIAL DISTRICT
NO. 99-11363, HONORABLE DARLENE BYRNE, JUDGE PRESIDING
DISSENTING OPINION
The majority today constructs an opinion from an argument that never arose at trial, was not mentioned by either side in their appellate briefs, and was not discussed by either side during oral argument. The appellants have been defeated by an argument they never had an opportunity to defend against.
According…
2Cases cited20 opinions
- Associated Indemnity Corp. v. CAT Contracting, Inc.Texas Supreme Court · 1998
- Hohenberg Bros. Co. v. George E. Gibbons & Co.Texas Supreme Court · 1976
- Centex Corp. v. DaltonTexas Supreme Court · 1992
- Citizens National Bank v. Texas & Pacific Railway Co.Texas Supreme Court · 1941
- Dobbins v. ReddenTexas Supreme Court · 1990
15 more not listed; retrieve them via the Exa API.