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DEPT. OF INS. v. RECONVEYANCE SERVICES

No. 07-0786.

306 S.W.3d 256 (2010)

TEXAS DEPARTMENT OF INSURANCE, Petitioner, v. RECONVEYANCE SERVICES, INC., Respondent.

Supreme Court of Texas.

March 12, 2010.

Attorney(s) appearing for the Case

General Greg W. Abbott, Attorney General of Texas, Austin, TX, Kent C. Sullivan, Austin, TX, David S. Morales, Lesli Gattis Ginn, Office of the Attorney General of Texas, Austin, TX, Rafael Edward Cruz, Morgan Lewis Bockius LLP, Houston, TX, Kristofer S. Monson, Assistant Solicitor General, Austin, TX, James C. Ho, Solicitor General of Texas, Austin, TX, Clarence Andrew Weber, First Assistant Attorney General, Austin, TX, for Petitioner.

Peter Nolan, Melissa Prentice Lorber, Winstead PC, Austin, TX, Judy Caton, Reconveyance Services Inc., Monroe, WA, for Respondent.

Ron Beal, Professor & Attorney at Law, for Amicus Curiae Ron Beal.

PER CURIAM.

Reconveyance Services, Inc., sued the Texas Department of Insurance for a declaration that charging additional fees for the services Reconveyance wished to provide in Texas is not prohibited by the Texas Insurance Code. Because we conclude that Reconveyance has pleaded an ultra vires action, in light of our decision in City of El Paso v. Heinrich, 284 S.W.3d 366 (Tex.2009), we reverse the court of appeals...

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