Legal Opinion · Dissent

Centerpoint Builders Gp, LLC and Centerpoint Builders, Ltd. v. Trussway, Ltd.

Texas Supreme Court

Decided June 17, 2016No. 14-0650Published

1DissentJustice Boyd

filed a dissenting opinion,

in which JUSTICE JOHNSON joined.

JUSTICE BOYD, joined by JUSTICE JOHNSON, dissenting.

Centerpoint Builders seeks indemnity from Trussway, Ltd., under the Texas Products Liability Act. The sole issue in this interlocutory appeal is whether Cen-terpoint qualifies under the Act as a “seller” of Trussway’s allegedly defective roof truss. The first time this Court addressed the Act’s indemnity provisions it warned that, “when we stray from the plain language of a statute, we risk encroaching on the Legislature’s function to decide what the law should be.” Fitzgerald v.…

2Cases cited23 opinions

  1. City of Rockwall v. HughesTexas Supreme Court · 2008
  2. Fitzgerald v. Advanced Spine Fixation Systems, Inc.Texas Supreme Court · 1999
  3. Entergy Gulf States, Inc. v. SummersTexas Supreme Court · 2009
  4. Texas Department of Transportation v. NeedhamTexas Supreme Court · 2002
  5. Texas Lottery Commission v. First State Bank of DeQueenTexas Supreme Court · 2010

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