Opinion

State v. J. Grady Brown, Jr.

Court
Texas Supreme Court
Filed
Aug 29, 2008
Status
Published
Cited by
0 cases
Authority
More cited than 35.1%

The opinion

IN THE SUPREME COURT OF TEXAS

IN THE SUPREME COURT OF TEXAS

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No. 05-0236

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The State of Texas, Petitioner,

v.

J. Grady Brown, Jr.,

Respondent

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On Petition for Review from the

Court of Appeals for the Second District of Texas

════════════════════════════════════════════════════

Justice O’Neill , concurring

and dissenting.

I agree fully with the Court’s

conclusion that Property Code sections 21.019 and 21.0195 do not authorize the

award of all fees and expenses under these circumstances. I dissent only

because I would remand the case, rather than render judgment, so that the trial

court may consider imposing any sanctions available under the Texas Rules of

Civil Procedure. See, e.g. , Tex. R. Civ. P. 13 (authorizing

sanctions when a pleading is groundless or not brought in good faith); Tex.

R. Civ. P. 70 (permitting a trial court to require a party whose amended

or supplemental pleading surprises and prejudices another party to pay the

additional costs and expenses incurred by the surprised party as a result of

the surprise); Tex. R.

Civ. P. 215 (providing for sanctions when a

party abuses or fails to comply with discovery proceedings and requests).

As the Court notes, we recently held

that such sanctions against a condemning authority are available because

Property Code section 21.018(b) stipulates that condemnation trials are to be

conducted in the same manner as any other civil trial. PR Invs . & Specialty Retailers, Inc. v. Texas , 251 S.W.3d 472,

480 (Tex.

2008). As we noted in PR Investments , appropriate

sanctions under the Rules of Civil Procedure may not constitute the entirety of

the fees and costs; for example, perhaps only the costs associated with the untimeliness of the amendment to the petition are available

here. Because PR Investments was decided after the trial court’s

decision, in the interests of justice and fairness, I would remand to permit

the trial court to consider sanctions under the Rules of Civil Procedure in

light of PR Investments .

___________________________________

Harriet O’Neill

Justice

OPINION DELIVERED: August

29, 2008

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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