Legal Opinion · Dissent

Ealey v. Insurance Co. of North America

Texas Supreme Court

Decided July 20, 1983No. C-1734Published

1DissentKilgarlin, Justice

I respectfully dissent. The majority opinion is more than judge-made law. It amounts to a judicial amendment of an act of the legislature.

Article 8307, section 5, and article 8309d, section 11, Texas Revised Civil Statutes Annotated, both read in pertinent part as follows:

Any interested party who is not willing and does not consent to abide by the final ruling and decision of said Board shall, within twenty (20) days after the rendition of said final ruling and decision by said Board, file with said Board notice that he will not abide by said final ruling and decision. And he shall within…

2Cases cited4 opinions

  1. Garcia v. Employers Casualty CompanyCourt of Appeals of Texas · 1975
  2. Martin v. Commercial Standard Fire & Marine Insurance Co.Texas Supreme Court · 1974
  3. Transport Insurance Co. v. JaegerCourt of Appeals of Texas · 1976
  4. Commercial Standard Fire & Marine Insurance Co. v. MartinCourt of Appeals of Texas · 1973

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