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TESCO AMERICAN, INC. v. STRONG INDUSTRIES

No. 04-0269.

221 S.W.3d 550 (2006)

TESCO AMERICAN, INC. d/b/a Tesco/Williamsen, Petitioner, v. STRONG INDUSTRIES, INC. and Brooks Strong, Respondents.

Supreme Court of Texas.

Decided March 17, 2006.

Attorney(s) appearing for the Case

Thomas C. Wright, Chad Michael Forbes, Wright Brown & Close, LLP, Houston, William V. Dorsaneo III, SMU School of Law, Dallas, Thomas G. Gruenert, Gibson-Gruenert, LLP, Houston, George Fred Rhodes, Port Lavaca, for petitioner.

Robert B. Dubose, Sean Reed Cox, Robert M. Roach Jr., Cook & Roach, L.L.P., Houston, S. Scott West, A. Reagan Clark, The West Law Firm, Sugar Land, Stephen G. Tipps, Baker & Botts, L.L.P., Houston, for respondents.

Carlton D. Wilde Jr., Jeffrey Donald Meyer and Sheila Murphy Wollam, Franklin Cardwell & Jones, P.C., Houston, for F.S. New Products, Inc.

Luther H. Soules, III, Langley & Banack, Inc., San Antonio, for amicus curiae.

Justice BRISTER delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice O'NEILL, Justice WAINWRIGHT, Justice MEDINA, Justice GREEN, Justice JOHNSON, and Justice WILLETT joined.

Since Texas became a state in 1845, judicial disqualification has always been a matter of constitutional dimension. Every Texas Constitution has provided that

No judge shall sit in any case wherein the judge may be interested, or where either of the parties may...

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