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The trial court denied the Woods' summary-judgment motion and granted the bank's and Ocwen's.

They argue that those fees, a chief feature of the improvements' financing, were omitted from the ballot description and that how the ballot described it a dedicated "pay as you go" fund was misleading. Jefferson, Justice Phil Johnson, Justice David Medina, Justice Dale Wainwright, Justice Don R. from Gillespie County and the Fourth District Court of Appeals, San Antonio granted on rehearing For petitioner: Wade Crosnoe, Austin For respondents: Randy Howry, Austin The issue is whether a contractor working for a county owes a duty to protect the public from a danger created pursuant to a contract requiring absolute compliance.

They also cite Mayor Parker's statements after the election as new evidence that should have established their right to a new trial after the trial court granted the city summary judgment. Willett, Justice Eva Guzman, Justice Debra Lehrmann 09-0955 Allen Keller Co. In this case a car in which Foremans daughter was a passenger drove through a gap between a guardrail and an embankment Keller widened according to the countys mandatory specifications.

In this suit over Myer's sale to Americo of insurance companies, Americo contends its selected arbitrator met an arbitration provision's independence requirement. Willett, Justice Debra Lehrmann (Justice Guzman not sitting) 08-0833 Anglo-Dutch Petroleum International Inc. Anglo-Dutch refused to pay Swonke the percentage he claimed he was owed because it contended Greenberg Peden, not Swonke individually, represented the company. The court of appeals affirmed, holding in part that the ambiguous agreement should not be construed against the attorney who drafted it.