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MEMBERSHIP OF THIS COURT

CHIEF JUSTICE

Chief Justice Linda Thomas  
Resignation of Chief Justice Linda Thomas announced Sep. 8, 2009    
5th Court of Appeals
Terms ends 12/31/12
Next election: 2012

NEWS ITEM

Gov. Perry Appoints Wright as Chief Justice of Texas’ Fifth District Court of Appeals
First African American to serve as chief justice of any Texas intermediate appellate court


October 23, 2009

AUSTIN – Gov. Rick Perry has appointed Justice Carolyn Wright of Heath as chief justice of Texas’ Fifth District Court
of Appeals for a term effective Oct. 31, 2009 and to expire at the next general election. She is the first African American
to serve as chief justice of any intermediate appellate court in Texas.

Wright is an associate justice of the Fifth District Court of Appeals, where she has served for fourteen years. She is a
member of the State Bar of Texas, American Bar Association Judicial Section, National Bar Association Judicial
Council, Dallas Bar Association, J.L. Turner Legal Association, and College of the State Bar of Texas. She is past
chair and a sustaining life fellow of the Texas Bar Foundation, a founding life fellow of the Dallas Young Lawyers Bar
Foundation, fellow of the Dallas Bar Foundation, and a member of the Executive Women of Dallas, the Dallas
Chapter of Links Inc., and the Jordan Community Development Center Board. Wright received a bachelor’s degree
from the District of Columbia Teachers College and a law degree from Howard University School of Law.
SOURCE:
Gov's website

ASSOCIATE JUSTICES                             

                    Term        Place        Term Ending        Next Election

Place 2: Joseph B. Morris        6 year        2        12/31/12        2012
Place 3: Mary Murphy              6 year        3        12/31/14        2014
Place 4: Carolyn Wright           6 year        4        12/31/10        2010
Place 5: James Moseley          6 year        5        12/31/12        2012
Place 6: David L. Bridges        6 year        6        12/31/14        2014
Place 7: Michael J. O’Neill        6 year        7        12/31/10        2010
Place 8: Kerry F. Fitzgerald     6 year        8        12/31/14        2014
Place 9: Martin E. Richter        6 year        9        12/31/12        2012
Place 10: Molly Francis            6 year       10        12/31/12        2012
Place 11: Douglas S. Lang      6 year        11        12/31/12        2012
Place 12: Robert M. Fillmore   6 year        12        12/31/12        2010
Place 13: Elizabeth Lang Miers  6 year     13        12/31/12        2012

DATA SOURCE:
Statewide and Court of Appeals Judges Permanent Place Designations
(updated 6/16/09)

===

2008 MEMBERSHIP ROSTER

Justice Joseph B. Morris
Place 2 | 6 year term ends 12/31/12 Next election 2012

Justice Mark L. Whittington
Place 3 | 6 year term ends 12/31/08 Next election 2008

Justice Carolyn Wright
Place 4 | 6 year term ends 12/31/10 Next election 2010

Justice James Moseley
Place 5 | 6 year term ends 12/31/12 Next election 2012

Justice David L. Bridges
Place 6 | 6 year term ends 12/31/08 Next election 2008

Justice Michael J. O’Neill
Place 7 | 6 year term ends 12/31/10 Next election 2010

Justice Kerry F. Fitzgerald
Place 8 | 6 year term ends 12/31/08 Next election 2008

Justice Martin E. Richter
Place 9 | 6 year term ends 12/31/12 Next election 2012

Justice Molly Francis
Place 10 | 6 year term ends 12/31/12 Next election 2012

Justice Douglas S. Lang
Place 11 | 6 year term ends 12/31/12 Next election 2012

Justice Amos Mazzant
Place 12 | 6 year term ends 12/31/12 Next election 2012
NOTE: Justice Mazzant has accepted appointment as a United States Magistrate Judge

Justice Elizabeth Lang Miers
Place 13 | 6 year term ends 12/31/12 Next election 2012










DENIED PETITIONS FOR REVIEW IN CASES
FROM THE DALLAS COURT OF APPEALS

08‑0699          
TERRY JAMES AND CHARLOTTE MANOR v. JACKIE JOHNSON; from Dallas County; 5th district
(
05-07-00638-CV, ___ SW3d ___, 06‑18‑08, pet. denied Oct 2008)(auto accident, negligence,
summary judgment)

08‑0701          
ALLEN WALKER v. TRB BANCORP, INC.; from Collin County; 5th district (
05-07-00901-CV, ___
SW3d ___, 07‑15‑08, pet. denied Oct 2008)(
breach of contract, statute of limitations defense,
fraudulent inducement)

08-0722          
GRAYSON DOUGLAS GILL, ELLEN EVES DENNIS, EMILY SCANLON CRUMP, ROBERT BLAIR
SCANLON AND CALLOWAY, NORRIS & BURDETTE v. JANICE L. MATTOX, ATTORNEY AD LITEM
FOR THE UNKNOWN HEIRS OF HARRISON DOUGLAS FENDLEY, DECEASED; from Dallas County;
5th district (
05-07-00429-CV, ___ SW3d ___, 06‑23‑08, pet. denied Oct 2008)(request for expenses
and attorney's fees pursuant to the “
common fund doctrine.” That doctrine is an equitable doctrine
designed to prevent
unjust enrichment).

08-0301          
ALLEN LANDERMAN v. STATE BAR OF TEXAS; from Collin County; 5th district (
05-07-00332-CV,
247 SW3d 426, 03‑05‑08,
pet. denied Oct 2008) as redrafted (disciplinary proceeding, motion for
new trial)

08-0708          
BERNARD DOLENZ v. DALLAS CENTRAL APPRAISAL DISTRICT AND DALLAS COUNTY
APPRAISAL REVIEW BOARD; from Dallas County; 5th district (05-07-00885-CV, 259 SW3d 331, 06-
30-08)(
subject-matter jurisdiction, property tax appeal, administrative remedies, timeliness) In this ad
valorem tax case, Bernard Dolenz appeals the trial court's judgment dismissing his claims against the
Dallas Central Appraisal District and the Dallas County Appraisal Review Board for want of subject-
matter jurisdiction.

08-0275          
PANQUITA CARTER v. UNIVERSITY TEXAS SYSTEMS; from Dallas County; 5th district (05-07-
00592-CV, ___ SW3d ___, 02-25-08, pet. denied Oct. 2008)(
workers comp, compensable injury,
carpal tunnel syndrome,
frivolous appeal sanctions denied)

08‑0317          
BEVER PROPERTIES, L.L.C. AND JESSE M. TAYLOR, D.D.S., P.A. v. PLANO PARKWAY OFFICE
CONDOMINIUMS; from Collin County; 5th district (05-05-01533-CV, 246 SW3d 188, 11-26-07, pet
denied Oct 2008)(
condo law)

===

07-0425
MCKINNEY INDEPENDENT SCHOOL DISTRICT v. CARLISLE GRACY LTD. AND GORDON M. GRIFFIN, JR.
REVOCABLE TRUST; from Collin County; 5th district (
05-05-00625-CV, 222 SW3d 878, 04-24-07, pet. denied Aug.
2008)(
condemnation case)

07-0822  
IN THE MATTER OF THE ESTATE OF MARY ELLEN LOGAN BENDTSEN; from Dallas County; 5th district
(
05-05-01531-CV, 230 SW3d 823, 07-12-07)

07-019  
SOLAR SOCCER CLUB v. PRINCE OF PEACE LUTHERAN CHURCH OF CARROLLTON, TEXAS; from Collin County;
5th district (
05-06-00130-CV, 234 SW3d 814, 09-19-07, pet. denied Aug. 2008)(lease dispute, breach, quantum
meruit claim)

08-0017  
HEWLETT-PACKARD COMPANY v. SHAUN T. MIAN CORP. D/B/A MIDWAY TOWER, IRVING L. HUMPHREY AND
CALVIN OTTE; from Dallas County; 5th district (
05-05-00529-CV, 237 SW3d 851, 10-08-07)(product liability law,
manufacturing defect claim, fax machine, fire)

08-0450          
W.R. EDWARDS, JR. v. MID-CONTINENT OFFICE DISTRIBUTORS, L.P. AND INWOOD OFFICE FURNITURE, INC.;
from Dallas County; 5th district (05-06-01421-CV, 252 SW3d 833, 04-25-08, pet. denied Aug 2008) (
claim for money
had and received)

08-0462          
OUTREACH HOUSING CORPORATION/DESOTO I, LTD. v. DALLAS INDEPENDENT SCHOOL DISTRICT; from
Dallas County; 5th district (05-07-00288-CV, 251 SW3d 152, 03-25-08, pet. denied Aug 2008) (Justice Hecht not
sitting) (
property tax, denial of partial property tax exemption)

07-1063  
BAYLOR UNIVERSITY MEDICAL CENTER, EDMUND SANCHEZ, M.D., AND SRINATH CHINNAKOTLA, M.D. v.
HAROLD BIGGS, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF CHERI JEAN WELLS BIGGS,
DECEASED, BRANDON WELLS, AND CHER BIGGS; from Dallas County; 5th district (05-06-01104-CV, 237 SW3d
909, 11-09-07, pet. denied Aug 2008) (
HCLC, sufficiency of expert report, CoA remanded to TC to determine whether
extension should be granted to file proper report)

08-0483          
MICHAEL MCLANE v. SANDRA HELENE MCLANE; from Harris County; 1st district (01-06-00634-CV, ___ SW3d ___,
05-01-08, pet. denied Aug 2008) (
child support modification, child support decrease, retroactive effect, intentional
underemployment)

08-0463
KAY FRANCES WALKER, JUANITA FAYE ANDERSON-COPIER, MONA WALKER HURST, MARCIA WALKER HURST,
MARTHA DIANE WALKER, DWAYNE WALKER, JOHN WALKER AND SHARON WALKER ATWELL v. NORMA LEA
BEASLEY; from Dallas County; 5th district (05-07-00976-CV, 250 SW3d 212, 04-17-08, pet. denied July 2008)
(
probate matter, amended inventory)

07-0834  
EUGENE OSADCHY v. SOUTHERN METHODIST UNIVERSITY; from Dallas County; 5th district
(05-06-01115-CV, 232 SW3d 844, 08-28-07, pet. denied July 2008) as redrafted (
premises liability)

08-0173  
WALTER MITCHELL v. CARLA BERRY, NORRIS BOOTH, BRAD NATHAN WALKER, JOHN DOE, MARIA ALICIA
GARCIA, URBAN REHABILITATION STANDARDS BOARD CITY OF DALLAS TEXAS AND CITY OF DALLAS, TEXAS,
MUNICIPAL CORPORATION; from Dallas County; 5th district (05-06-01328-CV, ___ SW3d ___, 11-20-07, pet. denied
July 2008) as redrafted, as amended (
pro se suit, affidavit of inability to pay costs)

08-0201  
MAXUS ENERGY CORPORATION v. OCCIDENTAL CHEMICAL CORPORATION; from Dallas County; 5th district (05-
06-01299-CV, 244 SW3d 875, 02-01-08, pet. denied July 2008)(
interpretation of an indemnity provision in a stock
purchase agreement)

08-0382  
JANE DOE 1, INDIVIDUALLY AND AS NEXT FRIEND OF JANE DOE 2, A MINOR CHILD v. PILGRIM REST BAPTIST
CHURCH; from Dallas County; 5th district (05-06-00197-CV, 248 SW3d 831, 03-05-08, pet. denied Jul 2008)
(
premises liability, sexual assault)

08-0230  
RODNEY ELKINS v. CAPITAL ONE BANK AND CAPITAL ONE SERVICES, INC.; from Dallas County; 5th district (
05-
06-01539-CV, ___ SW3d ___, 01-29-08, pet. denied Jun 2008) (credit card dispute, pre-authorized charges, closing
and reopening of account, breach of contract,
defamation credit report)

08-0276   
DANIEL ROEHRS, ET AL. v. FSI HOLDINGS, INC.; from Dallas County; 5th district (
05-06-01432-CV, 246 SW3d 796,
02-26-08, pet. denied Jun 2008)(
arbitration, judicial confirmation of award, attorney's fees)
2 petitions

08-0347
IN THE MATTER OF L.M.M., A CHILD; from Collin County; 5th district (
05-07-00504-CV, 247 SW3d 809, 03-19-08)
(family law, SAPCR,
mediated settlement agreement MSA in child custody case)

08-0069  
BAYLOR UNIVERSITY MEDICAL CENTER, AND SARA THOMAS, R.N. v. DIANNA ROSA; from Dallas County; 5th
district (
05-07-00639-CV, 240 SW3d 565, 12-07-07)(HCLC, sufficiency of expert report)

07-1038  
ALINDA FRANCINE CARTER-THOMAS v. RICKY LYNN SULLIVAN; from Collin County; 5th district
(
05-06-00990-CV, ___ SW3d ___, 11-06-07, pet. denied Jun 2008) as redrafted (PI-auto accident negligence, pro se
suits, deemed admissions)

08-0058  
TAMMY ELKINS v. BANK OF AMERICA, N.A.; from Dallas County; 5th district (
05-06-00065-CV, 232 SW3d 345, 08-15-
07, pet. denied Jun 2008) (Justice Johnson not sitting)(
home equity loan, validity of lien, finality)

08-0083  
KAREN BROCK MURPHY, AMELIA BROCK BANNER, AND JODY BROCK IRWIN, INDIVIDUALLY AND AS CO-
INDEPENDENT EXECUTORS OF THE ESTATE OF DORIS BERGLUND BROCK AND AS CO-TRUSTEES OF THE
BROCK FAMILY TRUST v. G. MICHAEL GRUBER, WILLIAM D. ELLIOTT, AND KANE RUSSELL, COLEMAN & LOGAN,
P.C.; from Dallas County; 5th district (
05-05-01013-CV, 241 SW3d 689, 12-13-07, pet. denied June 2008)(fracturing
of professional negligence claims, limitations)

08-0087  
ESTATE OF HAZEL DELORES HATCHER, DECEASED; from Collin County; 5th district
(
05-06-01109-CV, ___ SW3d ___, 12-11-07, pet. denied June 2008)(probate mattter, will contest)
(voluntarily acceptance of benefits of the challenged order
moots appeal)

08-0247  
GLOBAL WATER GROUP, INC. v. ASPEN WATER, INC. AND ROBERT ATCHLEY; from Dallas County; 5th district
(
05-06-00709-CV, 244 SW3d 924, 02-14-08, pet. denied)(claims for misappropriation of trade secrets and
conspiracy, confidentiality agreement, breach of a shareholder agreement, covenant not compete, JNOV)

08-0303  
PAUL MOOD AND K&M DISTRIBUTORS v. KRONOS PRODUCTS, INC.; from Dallas County; 5th district (
05-06-
00111-CV, 254 SW3d 8, 11-28-07, pet. denied Jun 2008)(breach and termination of a distributorship agreement,
proof of damages, lost profits)

08-0305  
MARCUS A. GIPSON, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF GWENDOLYN FOSTER,
DECEASED, ET AL. v. CITY OF DALLAS; from Dallas County; 5th district
(
05-07-00628-CV, 247 SW3d 465, 03-11-08, pet. denied Jun 2008)(TTCA, immunity, firefighters, emergency services)

08-0312  
PRUDENCE DIVINCENZO v. SEARS, ROEBUCK AND CO.; from Dallas County; 5th district
(
05-07-00525-CV, ___ SW3d ___, 03-10-08, pet. denied Jun 2008)(motion for new trial, nonsuit)

08-0278  
ROBIN BIKO, ET AL. AND DWIGHT TOMS, ET AL. v. SIEMENS INFORMATION AND COMMUNICATION NETWORKS,
INC., AND EFFICIENT NETWORKS, INC.; from Dallas County; 5th district (05-05-01318-CV, 246 S.W.3d 148, 10-17-
07,
pet. denied May 2008)

07-0527  
529900 ONTARIO LIMITED A/K/A NIAGARA SAFETY PRODUCTS v. ELK RIVER, INC., AND HORTENCIA WARDLOW;
from Dallas County; 5th district (05-06-00158-CV, ___ S.W.3d ___, 03-29-07, pet. denied May 208) (
special
appearance)

07-0934  
THE OFFICE OF THE ATTORNEY GENERAL v. TROY BELL; from Dallas County; 5th district (05-06-00885-CV, ___ S.
W.3d ___, 07-23-07, pet. denied May 2008)(
family law, child support enforcement, no evidence of arrearage)

08-0124  
ROBERT LEE HOOD v. WAL-MART STORES, INC., ET AL.; from Dallas County; 5th district (05-05-01049-CV, ___ S.W.
3d ___, 01-31-08, pet. denied May 2008)
appellant's request for leave of the Court to supplement all documents dismissed as moot
(
limitations, previous suits that were dismissed without prejudice does not toll the running of limitation)

08-0102  
BETSY RUTH MAGNESS v. CHARLES DANIEL MAGNESS, III; from Kaufman County; 5th district (05-06-00451-CV,
241 S.W.3d 910, 12-20-07, pet. denied May 2008)
(
divorce property, characterization of property, separate property, community property)
as amended

08-0149  
IN THE INTEREST OF J.D.D., B.J.D., AND W.G.D., CHILDREN; from Collin County; 5th district (05-06-00463-CV, 242
S.W.3d 916, 01-08-08, pet. denied May 2008)
(
family law, child support, motion to modify, reduction denied)

08-0161  
GAMMA GROUP, INC. v. TRANSATLANTIC REINSURANCE COMPANY AND HOME STATE COUNTY MUTUAL
INSURANCE COMPANY; from Dallas County; 5th district (05-06-00156-CV, 242 S.W.3d 203, 12-03-07, pet. denied
April 2008)(breach of contract, damages, attorney's fees)

07-0889  
PANTHER CREEK VENTURES, LTD., ELDORADO RANCH, LTD., AND ELDORADO PARK, LTD. v. COLLIN
CENTRAL APPRAISAL DISTRICT; from Collin County; 5th district (05-06-01251-CV, 234 SW3d 809, 09-19-07, pet
denied April 2008)(
ad valorem property tax case)

08-0066      
THERESA D. CROOKS v. M1 REAL ESTATE PARTNERS, LTD., MOSES MANAGEMENT, ROBERT A. MOSES,
JR., INC. AND JAMES MOSES; from Collin County; 5th district (05-05-01593-CV, 238 SW3d 474, 08-29-07, pet.
denied April 2008)(PI, negligence, premises, actual vs. apparent agency, respondeat superior)

08-0127          
DALLAS COUNTY, TEXAS v. RISCHON DEVELOPMENT CORPORATION, ET AL.; from Dallas County; 5th
district (05-06-01025-CV, 242 SW3d 90, 09-28-07, pet. denied April 2008) (Rule 11 Agreement, attorney's fees
immunity)

08-0151
MARK SCHOMBURG AND CYNTHIA S. SCHOMBURG v. TRW VEHICLE SAFETY SYSTEMS, INC.; from Dallas
County; 5th district (05-06-01467-CV, 242 SW3d 911, 01-08-08, pet. denied April 2008) (car crash injury, affirmative
defense of release)

08-0020  
MARTINA OGG v. DILLARD'S, INC.; from Dallas County; 5th district
(05-06-00626-CV, 239 S.W.3d 409, 11-09-07, pet. denied April 2008)(false imprisonment, IIED, malpros, sj for
defendant affirmed)

07-0949  
DALLAS COUNTY, TEXAS v. FLORECE COUTEE, ET AL.; from Dallas County; 5th district (05-06-01695-CV, 233
SW3d 542, 08-28-07, pet. denied April 2008)(
TTCA plea to the jurisdiction properly denied)

07-0950  
TAMMIE KAY LEE v. WILLIAM A. BOOTHE, M.D., D/B/A BOOTHE EYE CARE AND LASER CENTER; from Collin County;
5th district (05-06-00776-CV, 235 SW3d 448, 10-03-07, pet. denied April 2008) (
HCLC, failure to file required expert
report)

07-1039
THE EVEREST GROUP, L.L.C. v. SAMUEL DABNEY WARE; from Dallas County; 5th district (05-05-01575-CV, 238
SW3d 855, 10-19-07, pet. denied April  2008) (
domestication of foreign judgment reversed)

05-0130  
UNAUTHORIZED PRACTICE OF LAW COMMITTEE v. NATIONWIDE MUTUAL INSURANCE COMPANY AND SEAN P.
MARTINEZ; from Bexar County; 4th district (04-04-00184-CV, 155 SW3d 590, 12-08-04, pet. denied March 2008)
(
unauthorized practice of law)

05-0688  
WILLIAM O'ROURKE, INDIVIDUALLY; LAURA O'ROURKE, INDIVIDUALLY; AND LAURA O'ROURKE, AS NEXT
FRIEND OF BROCK O'ROURKE v. ANTONIO J. VILLASAN, M.D.; from Jefferson County; 9th district (09-04-00409-CV,
166 SW3d 752, 05-26-05, pet. denied March 2008) (dismissal of employee, election of remedies, defendant to sue)
(
UTMB cases)(governmental entity as defendant, lawsuits against universities)

07-0148
AIRCRAFT NETWORK, LLC v. ASSOCIATED AVIATION UNDERWRITERS, INC. AND CESSNA AIRCRAFT COMPANY;
from Dallas County; 5th district (05-04-01056-CV, 213 SW3d 455, 11-29-06, pet. denied March 2008) (breach of
bailment agreement,
standing)

07-0405  
STEPHEN FARMER AND SUSAN FARMER v. MATT SLOAN, M.D. AND PAIN NET PHYSICIANS GROUP, P.A.; from
Dallas County; 5th district (05-06-00247-CV, ___ SW3d ___, 03-22-07, pet. denied March 2008) as amended (
HCLC,
dismissal proper failure to comply with expert report requirement)

07-0827  
BAYLOR MEDICAL CENTER AT GARLAND v. PATRICIA KETTLE, INDIVIDUALLY AND AS EXECUTRIX OF THE
ESTATE OF RAYMOND KETTLE, DECEASED, LINDA HILL, DIANNE FRANKHAUSER, MARGARET SULLIVAN,
THOMAS KETTLE, AND SANDY ROACH; from Dallas County; 5th district
(05-05-01260-CV, 232 SW3d 832, 08-27-07, pet. denied March 2008)(
HCLC dismissal reversed in part)

07-0890  
METHODIST HOSPITALS OF DALLAS v. AMERIGROUP TEXAS, INC. F/K/A AMERICAID TEXAS, INC.; from Dallas
County; 5th district (05-05-01579-CV, 231 SW3d 483, 08-09-07, pet. denied March 2008)(Medicaid HMO contract
dispute

07-0993  
OAIC COMMERICAL ASSETS, LLC v. STONEGATE VILLAGE, LP AND CAWC FINANCIAL, INC.; from Dallas County;
5th district (05-05-01471-CV, 234 SW3d 726, 08-16-07, pet. denied March 2008) (partnership dispute,
standing)

07-0980  
VALERIE BRYAN v. DR. DENTON WATUMULL; from Dallas County; 5th district
(05-06-00018-CV, 230 SW3d 503, 07-24-07, pet. denied Feb. 2008)(
med mal suit)

07-0965  
PENNY TRESA MCMENNAMY v. CURTIS MCMENNAMY; from Hunt County; 5th district
(05-06-01566-CV, ___ SW3d ___, 10-10-07, pet. denied Feb. 2008)(collateral attack on probate court judgment)

06-0975  
GRANT THORNTON LLP v. PROSPECT HIGH INCOME FUND, ML CBO IV (CAYMAN), LTD., PAMCO CAYMAN, LTD.,
PAM CAPITAL FUNDING, L.P., HIGHLAND CRUSADER FUND, LTD., AND PCMG TRADING PARTNERS VII, L.P.; from
Dallas County; 5th district (05-05-00092-CV, 203 SW3d 602, 10-18-06, pet. denied Feb 2008)(claims for negligence
and third-party beneficiary breach of contract.)

08-0004  
LYLE AND DEBORAH HODGE v. DALLAS CENTRAL APPRAISAL DISTRICT; from Dallas County; 5th district (05-06-
01418-CV, ___ SW3d ___, 11-19-07, pet. denied Feb 2008) )(
property tax appeal, homestead exemption)

07-0576
RED ROOF INNS, INC. AND ACCOR NORTH AMERICA, INC. v. MURAT HOLDINGS, L.L.C.; from Dallas County; 5th
district (05-05-00240-CV, 223 SW3d 676, 04-16-07,
pet. denied Jan 2008) 3 petitions (franchise agreement dispute,
tortious interference, jury charge error)

07-0729
JEFFREY WEISS v. JP MORGAN CHASE BANK, N.A. F/K/A MORGAN GUARANTY TRUST COMPANY OF NEW YORK;
from Dallas County; 5th district (05-06-00940-CV, ___ SW3d ___, 07-20-07, pet. denied Jan 2008) (
domestication of
foreign judgment, motion for new trial overruled by operation of law, plenary power, no hearing due to lack of
diligence)

07-0628  
BONNIE L. JOHNSON ON BEHALF OF CHELSEA ELIZABETH JOHNSON, BENEFICIARY v. CHARLES CHESTNUTT;
from Dallas County; 5th district (05-05-01341-CV, 225 SW3d 737, 04-27-07, pet. denied Jan 2008) (award of
death
penalty sanctions following nonsuit affirmed)

07-0837      
DAVID R. HAWKINS, INDIVIDUALLY AND D/B/A DAVID HAWKINS HOMES v. RODRICK JONES AND LINDA JONES;
from Dallas County; 5th district (05-06-00139-CV, ___ SW3d ___, 07-12-07, pet. denied Jan 2008) (rescission of a
contract, DTPA, fraud, motion for continuance)

07-0917          
IN THE INTEREST OF J.D.S., A CHILD; from Dallas County; 5th district
(05-06-01512-CV, ___ SW3d ___, 09-19-07, pet. denied Jan. 2008) (joint motion for reversal and remand for new
trial granted)


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