Cerda v. 2004-EQR1 L.L.C.

I concur in the majority’s opinion with the exception of section II.D. As to this subject — the meaning of “substantially equal” — I respectfully dissent from the decision not to certify this question to the Texas Supreme Court. Under Texas law, “[t]he Supreme Court of Texas may answer questions of law certified to it by any federal appellate court if the certifying court is presented with determinative questions of Texas law having no controlling Supreme Court precedent.” Tex. R.App. P. 58.1; see also Tex. Const. art. V, § 3-c(a). Our court should certify the question of whether sections…