Legal Opinion · Concurring in part, dissenting in part

Gilchrist v. Bandera Electric Cooperative, Inc.

Texas Court of Appeals, 4th District (San Antonio)

Decided May 16, 1996No. 04-94-00547-CVPublished

1Concurring in part, dissenting in partDuncan, Justice

The majority’s judgment reversing and remanding this entire case conflicts with the supreme court’s opinion in Majrige,1 both as written by Justice Cornyn and as interpreted by virtually every' other court of appeals confronting the issue. That the majority disagrees with Majrige is clear. But, in the absence of any material distinguishing fact, that disagreement is immaterial. Our duty is then to follow the law as enunciated by the courts above. Because the majority fails to follow its clear duty in this case, we dissent from the majority’s judgment insofar as it reverses the summary…

2Cases cited44 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. McConnell v. Southside Independent School DistrictTexas Supreme Court · 1993
  3. Johnson v. Fourth Court of AppealsTexas Supreme Court · 1985
  4. Malooly Brothers, Inc. v. NapierTexas Supreme Court · 1970
  5. Canadian Helicopters Ltd. v. WittigTexas Supreme Court · 1994

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