*1 section 38.006. FRAG.& Civ. Rem.Code purpose exceptions set forth in section 38.006 was to exclude
those actions which attorney’s fees already
were under a provi recoverable
sion of the Insurance Code. Texas Proper
ty & Cas. Ins. Guar. Ass’n v. Southwest Inc.,
Aggregates, 600, 612-15 1998, (Tex.App. pet.); see —Austin
Whitehead State Farm Mut. Auto. Ins. Co., 79, S.W.2d —Texar
kana rev’d on grounds, other (Tex.1999). reason, For this
Texas courts have construed section 38.006
and its precursor preclude an award of
attorney’s fees only claims
against insurance companies that allow for
attorney’s statutes, i.e., fees under other recovery
when the sought is based on an theory attorney’s
insurance for which fees Therefore,
are already available.
the suit against the is an insurer action on contract,
the insurance section 38.006 does
not prevent an attorney’s award of fees 38.001(8).
otherwise allowed under section
Id.
We overrule of error three.
Conclusion
We affirm the of the trial
court. TRAHAN, Jr., Appellant,
James Lee Appellee. Texas,
The STATE of
No. 09-99-337 CR.
Beaumont.
Submitted March 2000. McLean, Houston, Ken appellant. J. Decided April Maness, Atty., Wayln Tom Crim. Dist. G. Thompson, Atty., Asst. Crim. Dist. Beaumont, for State. *2 BURGESS, suddenly himself on an highway find WALKER, C.J., and and
Before adjacent asks this road.” The State STOVER, feeder JJ. in facts not evidence.
court to assume OPINION exit that the simply is no evidence There “turn.” required a by taken Trahan BURGESS, Justice. DON Trahan, with charged Jr. Lee was James nec it is not State contends The Fol- a substance. possession of controlled ninety de of a essary that a turn consist denial his motion to lowing pre-trial the of However, a a cross street. gree turn onto guilty pleaded pursuant Trahan suppress, of exactly type the degree turn is ninety bargain. Trahan was sentenced plea to a contemplated by Subchapter C turn jail in a years’ confinement state to two Code, “Turning and titled Transportation years, and facility, suspended for three Stopping Turning.” for and The Signals raising appeals Trahan two fined $750. Subchapter in C are discussed “turns” points of error. Transp. intersection,” Tex. “at Code dispositive ap of this Because it is (Vernon 1999), § and turns 545.101 Ann. peal, we first Trahan’s second address when opposite “to in the direction move “[t]he of Trahan contends error. of a a or the crest curve approaching failing give a stop of vehicle to [his] Transp. grade.” Ann. Tex. Code freeway signal exiting when the was turn 1999). (Vernon above, § As noted 545.102 under 545.103 or not authorized (Ver Transp. § 545.103 Ann. Tex. Code Code, 545.104, Transportation and there operator may that “an provides non a not of for which valid fore a violation law from a ... turn the vehicle not otherwise may be made.” traffic Section course, or on a right or move left direct 545.104(a)provides operator “[a]n shall use can made roadway unless movement be signal ... an intention to the to indicate Thus, equate code does not safely.” the turn, lanes, change parked or start from a “turn,” a and or left to the moving right Transp. position.” Ann. Tex. Code upon operator an placed condition 545.104(a) Section or is that the movement moving right left may not provides operator “[a]n no in safely. made There is evidence be a ... otherwise turn the vehicle from di exit from the record that Trahan’s the course, or or on right move left a rect Accordingly, there freeway unsafe. was roadway unless movement can be made stop. See Garcia was no basis the safely.” Code State, (Vernon 1999). The § 545.103 State ar “[a]s that (Tex.Crim.App.1992)(holding give signal, to and failure a turn in of gues occurs, en law as an actual violation long itself, a valid is a traffic offense for which to the are free enforce forcement officials stop may be made. viola person a for that laws and detain of section language The tion”). is a the consent to the search As 545.104(a) man signals indicates that are illegal stop, the ob fruit of the evidence lanes, datory turning, changing or sup have in the search should been tained However, starting position. from a parked pressed. Viveros See case, is evidence Trahan in this there Accordingly, (Tex.Crim.App.1992). in to exit changed order “turned” or lanes its de abused discretion the trial court Danny Bucholz testi freeway. the Officer Point suppress. Trahan’s motion nying signal failing to stopped he Trahan for fied of is sustained. error two ar freeway. exit from The State his the and the cause of trial court is reversed the freeway of “process gues the a trial. remanded for new nature, very as by a necessitates turn its AND REMANDED. straight on a REVERSED path continue a one cannot WALKER, Justice, RONALD L. Chief
concurring.
I concur with both the reasoning and majority opinion.
result This con-
currence is to out the distinction
between
present
the facts of the
case and
Ehrhart v.
wherein I dissented. In the present produced by
the evidence may Sate practice
show that safe driving dictates
signaling the freeway, howev- say
er that Code Ann. requires 545.103 or 545.104 same is a
stretch of meaning of those stat- Ehrhart, In
utes. I believe the facts show
clear authorization to the accused for
suspicion that driving Ehrhart was while Not
intoxicated. so in the present case. DEVELOPMENT, LIMITED,
TSP
Appellant,
TEXAS NATURAL RESOURCE
CONSERVATION COM-
MISSION, Appellee.
No. 03-99-00094-CV.
Austin.
April