TEXAS SUPREME COURT
PETITIONS FOR REVIEW DENIED
RECENT TEXAS SUPREME COURT
DECISIONS ON THE WEB - DISPOSITIONS
Petitions for Review denied by Tex. Sup. Ct. in January 2008
Petitions for Review denied by Tex. Sup. Ct. in February 2008
Petitions for Review denied by Tex. Sup. Ct. in March 2008
Petitions for Review denied by Tex. Sup. Ct. in April 2008
Petitions for Review denied by Tex. Sup. Ct. in May 2008
Petitions for Review denied by Tex. Sup. Ct. in June 2008
Petitions for Review denied by the Texas Supreme Court July 2008
Petitions for Review denied by the Texas Supreme Court August 2008
Petitions for Review denied by the Texas Supreme Court in September 2008
Petitions for Review denied by the Texas Supreme Court in October 2008
Petitions for Review denied by the Texas Supreme Court in November 2008
Petitions for Review denied by the Texas Supreme Court in December 2008
PETITIONS FOR REVIEW DENIED DECEMBER 19, 2008
07-0612
ROY SEGER, ET AL. v. YORKSHIRE INSURANCE CO., LTD. AND OCEAN MARINE INSURANCE CO., LTD.; from
Hutchinson County; 7th district (07‑05‑00188‑CV, ___ SW3d ___, 06‑20‑07)
2 petitions
motion to consolidate dismissed as moot
07-0782
DIATOM DRILLING CO., ET AL. v. YORKSHIRE INSURANCE CO., LTD., ET AL.; from Hutchinson County; 7th district
(07‑05‑00386‑CV, ___ SW3d ___, 08‑17‑07)
08-0516
CHARLES BARNES, ET AL. v. CITY OF ARLINGTON, TEXAS; from Tarrant County; 2nd district (02‑07‑00249‑CV,
___ SW3d ___, 03‑27‑08)
as redrafted
08-0595
INTEGRATED APPLICATIONS ENGINEERING, INC. AND DAVID HOWE v. MAGGIE FENG HONG, BO HONG, IAE,
SUPPLY, INC. AND IAE ENERGY & SUPPLIES, INC.; from Fort Bend County; 14th district (14‑06‑00579‑CV, ___
SW3d ___, 03‑11‑08)
08-0624
IN THE INTEREST OF S.L.M.; from Bexar County; 4th district (04‑07‑00566‑CV, ___ SW3d ___, 06‑18‑08)
as redrafted
08-0632
MARGARET PLEASANT AND MARK BOWLES D/B/A PRUDENTIAL SYNERGY REALTORS v. JASON BRADFORD
AND ASHLEY BRADFORD; from Bell County; 3rd district (03‑07‑00167‑CV, 260 SW3d 546, 06‑26‑08)
08-0637
NEW WAVE TECHNOLOGIES, INC. v. LEGACY BANK OF TEXAS; from Collin County; 8th district
(08‑07‑00046‑CV, ___ SW3d ___, 06‑26‑08)
08-0695
ATP OIL & GAS CORPORATION AND ATP OIL & GAS (UK) LTD. v. FIRST OIL, PLC; from Harris County; 1st district
(01‑07‑00703‑CV, 264 SW3d 767, 05‑22‑08)
08-0726
BAIR CHASE PROPERTY COMPANY, LLC, KENNETH A. BARFIELD AND WESTERN PROPERTY DEVELOPMENT
COMPANY, LLC v. S&K DEVELOPMENT COMPANY, INC.; from Travis County; 3rd district (03‑07‑00461‑CV, 260
SW3d 133, 06‑05‑08)
08-0737
DONALD RAY MCCRAY v. DOUGLAS D. MULDER; from Dallas County; 5th district (05‑08‑00420‑CV, ___ SW3d
___, 07‑02‑08)
08-0743
THE UNKNOWN STOCKHOLDERS OF THE K.M. VAN ZANDT LAND COMPANY AND THE UNKNOWN HEIRS,
SUCCESSORS, AND ASSIGNS OF THE UNKNOWN STOCKHOLDERS OF THE K.M. VAN ZANDT LAND COMPANY
AND EDMUND P. CRANZ AND NEIL L. VAN ZANDT v. WHITEHEAD EQUITIES, JV., JAGEE REAL PROPERTIES, L.P.,
GARVIEW PARTNERS, L.P., SPOKANE VENTURES, LTD., INC., NONA, INC. WILL ED WADLEY AND FPA
FOUNDATION; from Tarrant County; 2nd district (02‑06‑00294‑CV, ___ SW3d ___, 06‑19‑08)
2 petitions
08-0838
FITZHUGH 25 PARTNERS, L.P. v. KILN SYNDICATE KLN 501, CHAUCER SYNDICATE RAS 1096, BRIT SYNDICATE
BRT 2987; from Dallas County; 5th district (05‑07‑01334‑CV, 261 SW3d 861, 08‑20‑08)
08-0859
IN THE INTEREST OF A.S., D.S. AND L.A.S.; from Harris County; 14th district (14‑07‑00140‑CV, 261 SW3d 76,
03‑04‑08)
PETITIONS FOR REVIEW DENIED DEC. 12, 2008
None
THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED DEC 5, 2008:
07‑0836
GREG ABBOTT, ATTORNEY GENERAL OF TEXAS v. STATE BAR OF TEXAS; from Travis County; 3rd district
(03‑06‑00592‑CV, 241 SW3d 604, 08‑31‑07)
(Justice Willett not sitting)
We conclude that public access to an attorney's home address, home telephone number, date of birth, and internal
database identifier number maintained by the State Bar is not governed by the Public Information Act pursuant to the
provisions of section 552.0035. Rather, access to such information is governed by rules adopted by the Supreme
Court of Texas or by other applicable laws and rules. Accordingly, we reverse the judgment of the district court and
remand this cause for further proceedings consistent with this opinion.
08‑0202
GULF INSURANCE CO. v. CHAD HENNINGS; from Denton County; 10th district (10‑06‑00192‑CV, ___ SW3d ___,
01‑30‑08) (Recusal by Justice Gray)
This is a workers’ compensation case of first impression involving a professional athlete as defined in the Texas
Labor Code.[1] Finding no error, we will affirm the trial court’s judgment awarding workers’ compensation benefits.
08‑0295
RUBYE MANGUM, AS EXECUTRIX OF THE ESTATE OF LAVADA OAKES AND AS BENEFICIARY OF THE WILL OF
LAVADA OAKES v. TRENT TURNER AND DONNY TURNER; from Freestone County; 10th district
(10‑07‑00004‑CV, 255 SW3d 223, 02‑27‑08)(will, deed, statute of fraud, Rule 11 agreement, settlement,
release)
executrix of the estate of LaVada Oakes and as beneficiary of her will, sued Trent and Donny Turner to rescind
three deeds from Oakes and her deceased husband to the Turners. The settlement agreement that the trial court
found and that the judgment enforces is not the written release agreement that Mangum did not agree to. Instead,
as we stated above, the settlement agreement found by the trial court was the original agreement between the
parties’ attorneys, which the evidence is factually sufficient to support, as we held above.
08‑0311
PAULA MATHEWS v. PORT ARTHUR INDEPENDENT SCHOOL DISTRICT; from Jefferson County; 9th district
(09‑07‑00162‑CV, ___ SW3d ___, 01‑31‑08)
In this appeal from the denial of a plea to the jurisdiction, Port Arthur Independent School District ("PAISD") contends
Paula Mathews failed to exhaust her administrative remedies before filing suit for breach of an Equal Employment
Opportunity Commission ("EEOC") settlement agreement and for retaliation under the Texas Commission on Human
Rights Act. See 42 U.S.C. § 2000e et seq.; Tex. Lab. Code Ann. § 21.001 et seq. (Vernon 2006). (1) Mathews
contends she did not have to exhaust her administrative remedies before filing suit because her claims grew out of
an earlier charge of discrimination. ... No administrative complaint has been filed with respect to the dispute before
the trial court. We hold the trial court erred when it denied the school district's plea to the jurisdiction. Accordingly,
we reverse the trial court's order and dismiss the cause.
08‑0487
AUGUST MEDUNA, JR. AND GARY MEDUNA, SR. v. RUTH HOLDER; from Bastrop County; 3rd district
(03‑06‑00484‑CV, ___ SW3d ___, 04‑30‑08)
08‑0533
ANDERSON MARTIN WHITEHEAD v. CEDYCO CORPORATION; from Jasper County; 9th district
(09‑07‑00090‑CV, 253 SW3d 877, 05‑01‑08) (deemed admissions)(pleadings not evidence)
Cedyco contends that the trial court "abused its discretion in refusing to grant the motion to undeem the requests for
admissions." From the substance of Cedyco's first issue, we understand it as complaining of Whitehead's failure to
support his summary judgment motion with proper summary-judgment evidence. We agree and reverse the summary
judgment.
08‑0567
BRUCE WAYNE HOUSER v. KENNY K. ALLEN, ET AL.; from Jefferson County; 9th district (09‑07‑00106‑CV, ___
SW3d ___, 05‑15‑08)denial of access to courts claim for which he suffered no actual injury.
08‑0572
ALLAN A. CROCKETT AND GULF COAST CONTRACTORS, INC. v. TEXAS DEPARTMENT OF TRANSPORTATION;
from Cameron County; 13th district (13‑07‑00640‑CV, 257 SW3d 412, 06‑05‑08, pet denied Dec 2008)
By a plea to the jurisdiction, TxDOT urged that the counterclaim should be dismissed for lack of jurisdiction,
asserting that it retained its sovereign immunity because Crockett's counterclaim was not germane to, connected
with and properly defensive to TxDOT's conversion suit. TxDOT also urged that Crockett had not exhausted its
administrative remedy to pursue the alleged underpayments through section 201.112 of the Texas Transportation
Code. See Tex. Transp. Code Ann. § 201.112 (Vernon Supp. 2007). Reata progeny, sovereign immunity,
counterclaims
08‑0575
FRANK SEMBERA v. PETROFAC TYLER, INC. AND PETROFAC LIMITED; from Smith County; 12th district
(12‑06‑00373‑CV, 253 SW3d 815, 03‑26‑08)
Frank O. Sembera appeals the trial court’s judgment denying him the recovery of stock he once owned in his former
employer, Petrofac Tyler, Inc. (“PT”), and the recovery of stock from a related company, Petrofac Limited (“PL”).
Instead, the trial court awarded Sembera $105,269.40 for five thousand shares of stock he owned in PT until
December 31, 2001. We affirm Sembera’s judgment against PT. We reverse Sembera’s judgment against PL and
render a take nothing judgment in its place.
08‑0586
PATRICK REINHARDT v. JOE WALKER; from Brazoria County; 14th district (14‑07‑00304‑CV, ___ SW3d ___,
06‑12‑08)(Proof of Agreement, limitations, damages, reasonable cost of repairs.)
08‑0609
BRENDA MITCHELL v. BETTY DOMINGO; from Lubbock County; 7th district (07‑07‑00038‑CV, 257 SW3d 34,
05‑21‑08, pet denied Dec 2008)(contract formation)(we conclude she presented more than a scintilla of evidence
to raise a genuine issue of material fact on whether the parties entered into a valid oral contract and whether
Mitchell breached the contract, thereby defeating Mitchell’s no-evidence summary judgment. Simultaneously,
accepting as true the evidence favorable to Domingo and indulging every reasonable inference in her favor, we
conclude the summary judgment evidence raised a genuine issue of material fact defeating Mitchell’s entitlement to
summary judgment as a matter of law. We hold that the summary judgment in favor of Mitchell based on Domingo’s
breach of contract claim was improvidently granted. Resultantly, we sustain issues one and two.
Accordingly, the trial court’s judgment is reversed and the cause is remanded to the trial court for further
proceedings.
08‑0617
LEWIS TURNER v. LINDA TURNER; from Montgomery County; 9th district (09‑06‑00570‑CV, ___ SW3d ___,
06‑26‑08) We sustain issue one to the extent it challenges the trial court's award of rescission and reform the
judgment to delete paragraph six. We sustain issue two in part as it relates to the trial court's award to Lewis for
intentional infliction of emotional distress and render judgment that Lewis take nothing on his claim of intentional
infliction of emotional distress. We overrule issue two to the extent it complains of the legal and factual sufficiency of
the evidence to support the bodily injury award in the amount of $150,000. We also overrule issue three. As
reformed, we affirm the trial court's judgment.
08‑0686
CAROLYN REININGER v. TEXAS BUILDING AND PROCUREMENT COMMISSION; from Travis County; 3rd district
(03‑06‑00363‑CV, 259 SW3d 364, 07‑03‑08, pet denied Dec 2008)(whistlblower act, who to complaint to,
appropriate law enforcement agency)
08‑0690
RUTH PRESTWOOD, KATE WILSON AND THE ESTATE OF CLYDE L. PRESTWOOD v. STEPHEN SETTLE, M.D.;
from Travis County; 3rd district (03‑07‑00111‑CV, ___ SW3d ___, 02‑28‑08)
Appellants Ruth Prestwood and Kate Wilson, individually and on behalf of the estate of Clyde L. Prestwood
(collectively, "Prestwoods"), appeal the trial court's order dismissing their health care liability suit against Dr. Stephen
Settle, M.D., and awarding Dr. Settle attorney's fees. The trial court found that the Prestwoods failed to serve an
expert report and curriculum vitae within the prescribed 120-day period under chapter 74 of the civil practice and
remedies code, mandating dismissal of their suit and the award of reasonable attorney's fees to the affected health
care provider. See Tex. Civ. Prac. & Rem. Code Ann. § 74.351(a), (b) (West Supp. 2007). Because we conclude
that dismissal was required and that the attorney's fee award was reasonable, we affirm the judgment of the trial
court.
08‑0698
ANN D. WALRATH v. VICTORIA GARDENS OF FRISCO; from Collin County; 5th district (05‑07‑00578‑CV, 257
SW3d 284, 04‑24‑08)
08‑0748
FRANK F. STARR v. HENRY DART; from Harris County; 14th district (14‑07‑00673‑CV, ___ SW3d ___,
07‑24‑08)(breach of settlement agreement, penalty, usury)
08‑0776
JEFF MOORE D/B/A T&M PRODUCTION v. JET STREAM INVESTMENTS, LTD., SARA P. RUDD, EXECUTRIX OF
THE ESTATE OF J.B. RUDD AND YOUNGBLOOD PROPERTIES, L.P.; from Harrison County; 6th district
(06‑07‑00106‑CV, 261 SW3d 412, 08‑08‑08)(opinion not available online)
08‑0802
EULA MCGREGOR, TOMMIE JAMES, CHARLES JAMES AND ERMA RUTH ERVIN, AS HEIRS OF THE ESTATE OF
LOUIS D. JAMES, DECEASED, AND LACHUNDA JAMES v. SALIH YILMAZ, M.D.; from Grimes County; 1st district
(01‑07‑01116‑CV, 265 SW3d 631, 07‑17‑08)interlocutory appeal from the trial court’s denial of his motion to
dismiss a medical malpractice lawsuit
08‑0806
S & J INVESTMENTS v. AMERICAN STAR ENERGY AND MINERALS CORPORATION; from Hutchinson County; 7th
district (07‑07‑00357‑CV, ___ SW3d ___, 07‑08‑08)law of the case , oil and gas lease
08‑0810
CHIU MOON CHAN AND ELLA Y. CHAN v. MONTEBELLO DEVELOPMENT COMPANY, LP AND STEWART TITLE
COMPANY; from Harris County; 14th district (14‑06‑00936‑CV, ___ SW3d ___, 07‑31‑08)
In this case, the buyers of a residential high-rise condominium signed a purchase contract with the seller and
deposited their earnest money with a title company. However, the buyers did not close on the property as provided
in the purchase contract, and, at the seller=s instruction, the title company transferred the buyers= earnest money to
the seller. The buyers, Chiu Moon Chan and Ella Y. Chan, later sued the seller, Montebello Development Company,
L.P. (AMontebello@) and the title company, Stewart Title Company (AStewart Title@), for the return of their earnest
money. The trial court granted summary judgment in favor of Montebello and Stewart Title, and declared that the
purchase contract was terminated and Montebello was entitled to keep the earnest money as liquidated damages
under the purchase contract.
08‑0828
EMERALD COAST EXCHANGE AND ABELARDO JASSO v. STATE OF TEXAS; from Harris County; 14th district
(14‑06‑01092‑CV, 261 SW3d 439, 08‑19‑08)
08‑0834
ANGELA MARIE ARNETT v. MARY ARNETT; from Lampasas County; 3rd district (03‑05‑00056‑CV, ___ SW3d
___, 05‑02‑08)
08‑0835
HARTFORD ACCIDENT AND INDEMNITY COMPANY, HARTFORD CASUALTY INSURANCE COMPANY, AND WHITE-
SPUNNER CONSTRUCTION, INC. v. MUSTANG TRACTOR & EQUIPMENT COMPANY, AND MUSTANG RENTAL
SERVICES, INC.; from Travis County; 3rd district (03‑07‑00468‑CV, 263 SW3d 437, 07‑02‑08)
08‑0843
BEVERLY A. TEMPLE AND RODLAROC TEMPLE v. MILITARY COMMUNICATIONS CENTERS, INC.; from Bell
County; 3rd district (03‑07‑00377‑CV, ___ SW3d ___, 08‑20‑08)
08‑0853
GRACE MEMORIAL BAPTIST CHURCH A/K/A GRACE BAPTIST CHURCH N/K/A CHURCH OF THE LORD JESUS
CHRIST v. HARRIS COUNTY, ET AL.; from Harris County; 14th district (14‑07‑00447‑CV, ___ SW3d ___,
08‑28‑08)RDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED NOV. 21, 2008:
07-0864
SYLVIA CASAS, INDIVIDUALLY, SUBSTANTIVELY CONSOLIDATED BANKRUPTCY ESTATES OF FOUNTAIN VIEW,
INC., AS SUCCESSOR TO SUMMIT CARE CORPORATION, SUMMIT CARE TEXAS, L.P. D/B/A COMANCHE TRAIL
NURSING CENTER AND ROBERT GUNDLING, INDIVIDUALLY v. ROSAMARIE PARADEZ, AS THE ADMINISTRATOR
AND HEIR AT LAW OF THE ESTATE OF TRANQUILINO MENDOZA, DECEASED; from Bexar County; 4th district
(04‑06‑00417‑CV, ___ SW3d ___, 06‑25‑08)
07-0956
BARBARA BEHRINGER, ET AL. v. ALCOA INC., (SUED INDIVIDUALLY AND AS SUCCESSOR-IN-INTEREST TO
REYNOLDS METAL COMPANY); from Dallas County; 5th district (05‑06‑00136‑CV, 235 SW3d 456, 10‑11‑07)
08-0143
CITY OF GRANBURY v. CITY OF CRESSON; from Hood County; 2nd district (02‑06‑00227‑CV, 245 SW3d 61,
01‑10‑08)(municipal annexation dispute in which the cities of Cresson and Granbury both claim jurisdiction over
property)
08-0352
TRACY NIXON v. GMAC MORTGAGE CORPORATION; from Dallas County; 5th district (05‑07‑00894‑CV, ___
SW3d ___, 01‑31‑08)
appellant motion for emergency stay dismissed as moot
second emergency motion for stay dismissed as moot
08-0417
HOWETH INVESTMENTS, INC. AND JACK HOWETH, AS TRUSTEE FOR THE 881 DEVELOPMENT TRUST AND
THE 901 DEVELOPMENT TRUST-ASSIGNEES FOR HOWETH INVESTMENTS, INC. v. THE CITY OF HEDWIG
VILLAGE, CITY OF HEDWIG VILLAGE PLANNING AND ZONING COMMISSION, S. FRANK WHITE, ROBERT A.
WEINER, NORMAN A. WARD AND KATHERINE VAZQUEZ; from Harris County; 1st district (01‑05‑00904‑CV, 259
SW3d 877, 04‑17‑08)) (real estate law, land regulation, plat application, constitutional challenge)
08-0641
URI COHEN v. DELORES HAWKINS; from Harris County; 14th district (14‑07‑00043‑CV, ___ SW3d ___,
04‑15‑08, pet denied Nov. 2008)(real estate transaction, setting aside deed, clean hands, bona fide purchaser)
respondent's motion to compel petitioner to serve petition for review on respondent dismissed as moot
08-0655
DIAMOND OFFSHORE (BERMUDA), LTD. v. SUZANNE ELISABETH HAAKSMAN (AS BENEFICIARY OF ROBERT
DUNCAN BURN QUINN) AND THOMAS JOSEPH MCCARTNEY; from Harris County; 14th district (14‑06‑00477‑CV,
260 SW3d 476, 04‑24‑08) (domestication of foreign money judgment, personal jurisdiction over debtor)
(Justice Medina not sitting)
08-0691
ESTATE OF CHARLEY G. MARTIN, DECEASED, ALICE LONGFELLOW, INDEPENDENT EXECUTRIX FOR THE
ESTATE v. RACETRAC PETROLEUM, INC. AND WALMART STORES EAST, INC.; from Tarrant County; 2nd district
(02‑06‑00124‑CV, ___ SW3d ___, 06‑12‑08)
as redrafted
08-0718
CONRAD G. DEOCARIZA v. CENTRAL TEXAS COLLEGE DISTRICT; from Bell County; 3rd district
(03‑06‑00653‑CV, ___ SW3d ___, 06‑19‑08))(public employment, termination, discrimination)
08-0728
ELIZABETH W. BUFKIN v. EDWARD O. BUFKIN, JR.; from Dallas County; 5th district (05‑06‑01719‑CV, 259 SW3d
343, 07‑01‑08)
2 petitions
08-0758
WALTER WEST, P.E. v. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND ABITIBI-CONSOLIDATED
CORP.; from Travis County; 3rd district (03‑07‑00455‑CV, 260 SW3d 256, 07‑31‑08)
We withdraw our opinion and judgments issued May 29, 2008, and substitute the following in their place. We
overrule appellants' motion for rehearing and rehearing en banc. These appeals arise from two lawsuits brought by
appellants Walter West, P.E., and the Lone Star Chapter of the Sierra Club seeking judicial review of an
uncontested decision by the executive director of the Texas Commission on Environmental Quality granting a
wastewater discharge permit to Abitibi Consolidated Corp. (1) Finding appellants' lawsuits untimely because they
were filed more than thirty days after the effective date of the executive director's decision, see Tex. Water Code
Ann. § 5.351 (West 2000), the district court granted the Commission's pleas to the jurisdiction and dismissed both
suits for lack of jurisdiction. Because we conclude there was no error in the district court's dismissal of appellants'
suits, we affirm the orders of dismissal.
08-0768
WALTER WEST, P.E. AND THE LONE STAR CHAPTER OF THE SIERRA CLUB v. TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY AND ABITIBI-CONSOLIDATED CORP.; from Travis County; 3rd district
(03‑07‑00456‑CV, 260 SW3d 256, 07‑31‑08) We withdraw our opinion and judgments issued May 29, 2008,
and substitute the following in their place. We overrule appellants' motion for rehearing and rehearing en banc.
These appeals arise from two lawsuits brought by appellants Walter West, P.E., and the Lone Star Chapter of the
Sierra Club seeking judicial review of an uncontested decision by the executive director of the Texas Commission on
Environmental Quality granting a wastewater discharge permit to Abitibi Consolidated Corp. (1) Finding appellants'
lawsuits untimely because they were filed more than thirty days after the effective date of the executive director's
decision, see Tex. Water Code Ann. § 5.351 (West 2000), the district court granted the Commission's pleas to the
jurisdiction and dismissed both suits for lack of jurisdiction. Because we conclude there was no error in the district
court's dismissal of appellants' suits, we affirm the orders of dismissal.
08-0770
JOHN THOMAS v. JOHN GOODMAN D/B/A JOHN GOODMAN'S TREE SERVICE; from Gillespie County; 4th district
(04‑07‑00531‑CV, ___ SW3d ___, 07‑02‑08)
08-0811
AMERICAN SOUTHWEST INSURANCE MANAGERS, INC. v. EMPLOYERS REINSURANCE CORPORATION; from
Collin County; 5th district (05‑06‑01284‑CV, 261 SW3d 432, 08‑14‑08)
08-0837
JAMES L. SUPKIS v. MADISON PLACE HOMEOWNERS ASSOCIATION, INC.; from Harris County; 1st district
(01‑07‑00573‑CV, ___ SW3d ___, 06‑19‑08)
08-0841
WELDON W. WEEKS v. FIREMAN'S FUND INSURANCE COMPANY; from Dallas County; 8th district
(08‑06‑00170‑CV, 259 SW3d 335, 06‑30‑08) The opinion of the Court issued December 20, 2007 is withdrawn,
and the following is the opinion of the Court.
Appellant, Fireman's Fund Insurance Company ("Fireman's Fund"), appeals the district court's judgment in favor of
workers' compensation claimant, Weldon Weeks, the Appellee herein. Fireman's Fund contends that the evidence
relied upon by the district court regarding Appellee's impairment rating and date of maximum medical improvement is
legally insufficient. For the following reasons, we reverse the judgment of the trial court and render judgment for
Fireman's Fund.
08-0870
THE W.L. PICKENS GRANDCHILDREN'S JOINT VENTURE v. DOH OIL COMPANY, DAVID HILL AND ORVEL HILL;
from Loving County; 8th district (08‑06‑00314‑CV, ___ SW3d ___, 08‑07‑08, pet. denied Nov. 2008)(tax sale,
deed, statute of limitations, discovery rule) statute of limitations, discovery rule)
THE PETITIONS FOR REVIEW WERE DENIED NOVEMBER 2008
