IN THE
TENTH COURT OF APPEALS
No. 10-02-00053-CV
Alice & Lloyd Kofahl,
Appellant
v.
Randall's Food & Drugs, Inc.,
f/d/a Tom Thumb Food & Drug,
Appellee
From the 44th District Court
Dallas County, Texas
Trial Court # DV00-02808-B
DISSENTING Opinion
This is a slip and fall case. It is unnecessary to the Court’s disposition of this case to address the merits of the fourth issue. It is, therefore, dicta. I would not address it.
Based upon Wal-Mart Stores v. Gonzalez, 968 S.W.2d 934, 937-938 (Tex. 1998) I would hold that the meager statements describing the liquid in which Alice Kofahl allegedly slipped are no evidence to support constructive notice of its presence on the floor.
The Court also fails to address the issue raised by Randall’s regarding the failure of the appellants to challenge one of the grounds upon which summary judgment could have been independently granted against Lloyd Kofahl. The judgment was not challenged on all possible grounds on which it could have been granted, and it should, therefore, be affirmed.
For the foregoing reasons, the judgment of the trial court should be affirmed. Because the Court reverses the judgment in part, I respectfully dissent.
TOM GRAY
Chief Justice
Dissenting opinion delivered and filed August 25, 2004
nefit from additional treatment in TYC.
TYC unanimously recommended that D.T. be transferred to prison. The prosecutor echoed that recommendation.
D.T. contends that Cucolo did not testify about all the factors listed in the family code and was incorrect in what he did testify about. As we stated earlier, the State is not required to produce evidence on all the listed factors. And, an abuse of discretion does not exist if the court bases its decision on conflicting evidence.
D.T. also contends that TYC did not provide him with the opportunity to advance in his behavior and treatment because it did not place him in a specialized sex offender program. The Ellis County Juvenile Probation Department and an early psychological evaluation recommended such treatment. However, D.T. had been afforded the opportunity to participate in a sex offender program in Dallas before his commitment to TYC. After almost five months, D.T. made little progress toward successful completion of the program. D.T. had limited participation in the program and his parents were uninvolved in his treatment. Generally, his parents were uncooperative with the juvenile justice system. But because D.T. had not progressed in the general resocialization program at TYC, he was not a candidate for the sex offender’s program.
Application
After reviewing the entire record, we hold that the court did not abuse its discretion. D.T.’s sole issue is overruled.
Conclusion
Having overruled D.T.’s sole issue on appeal, the court’s order transferring D.T. to prison is affirmed.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Vance, and
Judge Strother (Sitting by Assignment)
Affirmed
Opinion delivered and filed December 31, 2003
[CV06]