Winans v. Berry

2024 Tex. Bus. 5

Opinion

2024 Tex. Bus. 5

The Business Court of Texas, Fourth Division

MORNINGSTAR WINANS, § § Plaintiff, § § Cause No. 24-BC04A-0002 v. § LUKE B. BERRY, M.D., § § Defendant. § § ═══════════════════════════════════════ SYLLABUS 1 ═══════════════════════════════════════

In this case, Plaintiff attempted to remove a 2022 suit to the Texas Business Court,

and Defendant challenged the court’s authority to hear this case. Construing the plain

language of H.B. 19, the Court concluded it lacked jurisdiction over the case because

Chapter 25A of the Texas Government Code and its removal procedure applies to cases

commenced on or after September 1, 2024.

1 NOTE: The syllabus was created by court staff and is provided for the convenience of the reader. It is not part of the Court’s opinion, does not constitute the Court’s official description or statement, and should not be relied upon as legal authority. 1