Texas Supreme Court

Southwestern Refining Company, Inc., Kerr-McGee Corporation, and Sherwood Breaux, Petitioners v. Julia Bernal, Et…

May 11, 200043 Tex. Sup. Ct. J. 706

Summary

The Texas Supreme Court held that it has conflicts jurisdiction over the interlocutory appeal because the Court of Appeals' order conflicts with Transportation Insurance Co. v. Moriel, and it reversed the Court of Appeals, finding the class certification an abuse of discretion because common issues do not predominate; the case was remanded for further proceedings. Justice BAKER filed a concurring opinion and Justice ENOCH filed a dissenting opinion, the latter arguing the Court lacks jurisdiction.