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
THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED NOV. 7, 2008
08‑0374
ROSA SERRANO v. RYAN'S CROSSING APARTMENTS; from El Paso County; 8th district (08‑05‑00325‑CV, 241
SW3d 560, 05‑31‑07)
08‑0619
CHARLES BELL, JR. v. AIC SUN-BELT GROUP, INC., ENCOMPASS INSURANCE F/K/A CNA PERSONAL
INSURANCE, CONTINENTAL LLOYDS OF TEXAS; from Travis County; 3rd district (03‑06‑00399‑CV, ___ SW3d
___, 04‑17‑08)
08‑0670
SHARI A. WYNNE v. CITIBANK (SOUTH DAKOTA), N.A.; from Travis County; 7th district (07‑06‑00162‑CV, ___
SW3d ___, 04‑25‑08)
as redrafted
08‑0713
TIFFANY DRAKE v. WILSON N. JONES MEDICAL CENTER; from Grayson County; 5th district (05‑07‑01403‑CV,
259 SW3d 386, 07‑24‑08)
08‑0715
LEGAL CONCIERGE, INC. v. ROBERT ORTIZ AND R. ANAICKA ORTIZ; from Dallas County; 5th district
(05‑07‑00692‑CV, 263 SW3d 385, 05‑16‑08)
08‑0772
ROSE KABBE v. BUDGET STORAGE USA, ET AL.; from Dallas County; 5th district (05‑07‑01646‑CV, ___ SW3d
___, 06‑17‑08)
08‑0818
GEORGE HORN, JR., INDIVIDUALLY AND AS ASSIGNEE OF BURRELL ROWE, AS ADMINISTRATOR OF THE
ESTATE OF ERIC A. HULETT, DECEASED, AND BURRELL ROWE, AS ADMINISTRATOR OF THE ESTATE OF
ERIC A. HULETT, DECEASED v. HOME STATE COUNTY MUTUAL INSURANCE COMPANY; from Sabine County;
12th district (12‑07‑00094‑CV, ___ SW3d ___, 06‑25‑08)
as amended
THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED OCT 31, 2008:
08‑0394
CECILE CHILDS v. SCOTT COHRON CRUTCHFIELD, ET AL.; from Jefferson County; 9th district
(09‑07‑00065‑CV, ___ SW3d ___, 04‑10‑08)
08‑0587
IN THE INTEREST OF H.G., K.G., J.G. AND T.G., CHILDREN; from Guadalupe County; 4th district
(04‑07‑00656‑CV, ___ SW3d ___, 06‑11‑08)(Dissent)
08‑0638
DONALD M. HOLDEN AND MARY HOLDEN v. SCOTT RIVENES, M.D.; from Fort Bend County; 14th district
(14‑07‑00438‑CV, 257 SW3d 332, 05‑08‑08)
08‑0684
RICK DHANANI v. MS. RUSSELL GILES, AND WACO GAMES AND AMUSEMENTS, INC.; from McLennan County;
10th district (10‑07‑00144‑CV, ___ SW3d ___, 05‑28‑08)
08‑0782
MARION YOUNG v. STATE OF TEXAS; from Travis County; 3rd district (03‑07‑00572‑CV, ___ SW3d ___,
07‑31‑08)
THE FOLLOWING PETITION FOR REVIEW WAS DISMISSED AS MOOT:
08‑0156
LESLIE LANPHIER, R.N. AND REBECCA FRANCIS, R.N. v. TANIA AVIS A/K/A TANIA GREER; from Cass County; 6th
district (06‑07‑00074‑CV, 244 SW3d 596, 01‑10‑08)
respondent's motion to dismiss for lack of jurisdiction granted
Petitions for Review Denied October 24, 2008
07‑0915
IN THE INTEREST OF H.R.C., A CHILD; from Kerr County; 4th district (04‑06‑00801‑CV, ___ SW3d ___,
09‑19‑07)
08‑0666
KARON K. CONNELLY, CHARLES D. HOLLEY, AND WELDON HOLLEY, INDIVIDUALLY AND AS NEXT FRIEND TO
THELMA SPARKMAN AND THELMA SPARKMAN v. WANDA JUNE CRENSHAW MCDANIEL; from Nueces County;
13th district (13‑08‑00230‑CV, ___ SW3d ___, 07‑03‑08)
08‑0674
SEAN LUNDY v. MARCOS V. MASSON; from Harris County; 14th district (14‑06‑00581‑CV, 260 SW3d 482,
04‑29‑08)
08‑0679
ARTURO MARROQUIN AND LETICIA MARROQUIN v. JOHN M. FAIRCLOTH AND HELEN BOWEN; from Bandera
County; 4th district (04‑07‑00758‑CV, ___ SW3d ___, 05‑14‑08)
08‑0699
TERRY JAMES AND CHARLOTTE MANOR v. JACKIE JOHNSON; from Dallas County; 5th district
(05‑07‑00638‑CV, ___ SW3d ___, 06‑18‑08)
08‑0701
ALLEN WALKER v. TRB BANCORP, INC.; from Collin County; 5th district (05‑07‑00901‑CV, ___ SW3d ___,
07‑15‑08)
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)
08‑0730
LAURANCE KRIEGEL v. CLERK'S OFFICE OF THE STATE OFFICE OF ADMINISTRATIVE HEARING, ET AL.
motion to set hearing denied
motion to compel answers denied
PETITIONS FOR REVIEW DENIED OCTOBER 17, 2008
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
08-0301
ALLEN LANDERMAN v. STATE BAR OF TEXAS; from Collin County; 5th district (05‑07‑00332‑CV, 247 SW3d
426, 03‑05‑08) as redrafted
08-0471
KOLL BREN FUND VI LP AND HARTMAN 3100 WESLAYAN ACQUISITIONS, LP, AS THE PROPERTY OWNERS AND
THE PROPERTY OWNERS v. HARRIS COUNTY APPRAISAL DISTRICT AND THE APPRAISAL REVIEW BOARD OF
HARRIS COUNTY APPRAISAL DISTRICT; from Harris County; 1st district (01‑07‑00321‑CV, ___ SW3d ___,
02‑28‑08)
as redrafted
08-0647
MICHAEL ANTHONY PEREZ v. CINDY MARIE PEREZ; from Jefferson County; 9th district (09‑06‑00521‑CV, ___
SW3d ___, 05‑22‑08)
08-0650
KIRK WAYNE MCBRIDE, SR. v. MAIL SYSTEM COORDINATOR'S PANEL & DIRECTOR'S REVIEW COMMITTEE;
from Bee County; 13th district (13‑05‑00560‑CV, ___ SW3d ___, 05‑22‑08)(default judgment reversed,
defective service)
08-0656
CHARLES HALL v. JAMES H. DIEFFENWIERTH, II D/B/A TCI AND ROBERT DALE MORE; from Tarrant County; 2nd
district (02‑07‑00058‑CV, ___ SW3d ___, 06‑12‑08)(workplace injury)
08-0661
MARY STEPHENS, LIFE ESTATE AND EXECUTOR, CHARLES M. STEPHENS FARM v. LCRA TRANSMISSION
SERVICES CORPORATION; from Lampasas County; 3rd district (03‑06‑00604‑CV, ___ SW3d ___, 07‑17‑08)
motion to request record dismissed as moot
08-0688
TERRY SIMMONS v. ELMOW HOLDINGS, INC., F/K/A RIO PUMPING SERVICES, INC.; from Tarrant County; 2nd
district (02‑08‑00027‑CV, ___ SW3d ___, 07‑10‑08)
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)
08-0709
IN THE MATTER OF A.G.N. A CHILD; from Potter County; 7th district (07‑07‑00312‑CV, ___ SW3d ___,
06‑24‑08)(juvenile case)
08-0712
ASHWIN ALEXANDER KALIA v. TEXAS DEPARTMENT OF PUBLIC SAFETY; from Bexar County; 4th district
(04‑08‑00001‑CV, ___ SW3d ___, 07‑09‑08)(administrative law judge's ("ALJ") order suspending his driver's
license)
PETITIONS DENIED ON OCTOBER 10, 2008
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
07‑0467
7979 AIRPORT GARAGE, LLC v. DOLLAR RENT A CAR SYSTEMS, INC.; from Harris County; 14th district
(14‑05‑00484‑CV, ___ SW3d ___, 04‑27‑07) 2 petitions
07‑0758
LEONARD M. MCCOLLUM v. STEPHEN M. SMITH, SUBSTITUTE TRUSTEE, JLE INVESTORS, INC. D/B/A
ASSOCIATED MORTGAGE INVESTORS AND HOUSTON SAVINGS BANK; from Harris County; 1st district
(01‑05‑00472‑CV, ___ SW3d ___, 08‑09‑07)
07‑0952
VINCENT MAES, CYNTHIA MAES AND THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA v. EL
PASO ORTHOPAEDIC SURGERY GROUP; from El Paso County; 8th district (08‑06‑00071‑CV, 243 SW3d 695,
08‑30‑07)
08‑0081
KARL PAUL MATTLAGE v. CELESTE MATTLAGE, MARK MATTLAGE, ROBERT SNOWDEN AND PATRICIA LONG;
from McLennan County; 10th district (10‑06‑00260‑CV, 243 SW3d 763, 11‑07‑07)(declaratory judgment that
the will prevails over the contract)
08‑0275
PANQUITA CARTER v. UNIVERSITY TEXAS SYSTEMS; from Dallas County; 5th district (05‑07‑00592‑CV, ___
SW3d ___, 02‑25‑08)
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)
08‑0395
TOM RAMSAY v. TEXAS TRADING CO., INC. AND ADM INVESTOR SERVICES, INC.; from Hopkins County; 6th
district (06‑07‑00043‑CV, 254 SW3d 620, 05‑05‑08)(agreement's forum-selection clause is enforceable)
08‑0458
JASON MARIS v. TADD HENDRICKS, AS INDEPENDENT EXECUTOR OF THE ESTATE OF MELISSA HENDRICKS,
DECEASED, TADD HENDRICKS, INDIVIDUALLY AND AS NEXT FRIEND OF JOSHUA AND DANIEL HENDRICKS,
MINORS, AND CHARLIE MORELLO; from Denton County; 2nd district (02‑07‑00300‑CV, ___ SW3d ___,
05‑01‑08)(order denying his motion to dismiss the health care liability claims)
08‑0493
TAMI BERGER MARTIN v. CLYDE C. BERGER (INDIVIDUALLY, AS INDEPENDENT ADMINISTRATOR OF THE
ESTATE OF MILDRED JACQUELYN BERGER, AND AS TRUSTEE OF THE BERGER TRUST); from Brazos County;
10th district (10‑06‑00281‑CV, ___ SW3d ___, 04‑09‑08)(intervened in the administration of the estate)
08‑0527
VANSTEEN MARINE SUPPLY, INC., KOPCKE INTERNATIONAL, U.S.A., INC., CURTIS L. CRONKHITE, AND RON
FAUSETT v. TWIN CITY FIRE INSURANCE COMPANY AND HARTFORD INSURANCE COMPANY; from Harris
County; 13th district (13‑05‑00231‑CV, ___ SW3d ___, 03‑06‑08)(judgment declaring the non-competition
clause void and sought damages for libel and defamation, both of which were covered by a commercial general
liability insurance policy that Vansteen had purchased from Hartford)
08‑0568
HAROLD GRANEK, M.D. v. TEXAS STATE BOARD OF MEDICAL EXAMINERS AND DONALD W. PATRICK, M.D.;
from Travis County; 3rd district (03‑07‑00380‑CV, ___ SW3d ___, 03‑19‑08)
08‑0579
DAVID Y. TANG v. JIANGUANG WANG AND YELLOW EMPEROR COMMUNICATIONS, INC D/B/A HOUSTON
CHINESE PRESS; from Harris County; 1st district (01‑08‑00009‑CV, 260 SW3d 149, 06‑05‑08)
(libel claims. Because Tang, who is a limited purpose public figure)
08‑0608
YATES CARPET, INC. AKA YATES FLOORING CENTER AKA YATES CARPET & INTERIORS AKA DISCOUNT
CARPET WAREHOUSE v. THE TRAVELERS LLOYDS INSURANCE COMPANY; from Lubbock County; 7th district
(07‑06‑00478‑CV, ___ SW3d ___, 06‑19‑08)(duty to defend)
08‑0621
IN THE MATTER OF T.G.; from Bell County; 3rd district (03‑07‑00543‑CV, ___ SW3d ___, 06‑19‑08)
(juvenile case)
08‑0626
EX PARTE RIGOBERTO RODRIGUEZ; from Tarrant County; 2nd district (02‑07‑00079‑CV, ___ SW3d ___,
06‑19‑08) (application for writ habeas corpus relief)
08‑0663
IN THE INTEREST OF J.M., L.M. AND K.M., CHILDREN; from Brazos County; 10th district (10‑08‑00108‑CV, ___
SW3d ___, 06‑11‑08)(judgment terminated the parental rights)
08‑0678
GUY SPARKMAN v. RELIASTAR LIFE INSURANCE COMPANY; from Smith County; 13th district (13‑03‑00500‑CV,
___ SW3d ___, 05‑15‑08)(interpleader action)
08‑0693
ENRIQUE BENAVIDES, JR., M.D. v. NANCY ORTEGON; from Webb County; 4th district (04‑05‑00768‑CV, ___
SW3d ___, 03‑05‑08)(medical malpractice case, re-open the sutures to retrieve a surgical sponge res ispa
loquitor claims of negligence)
08‑0745
IN THE INTEREST OF K.M. AND J.O. MINOR CHILDREN; from Bexar County; 4th district (04‑08‑00037‑CV, ___
SW3d ___, 07‑30‑08)(accelerated appeal concerning the trial court’s termination of Kerry M.’s parental rights to
her children,appellate points were determined to be frivolous
as redrafted
PETITIONS DENIED ON OCTOBER 3, 2008
THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED:
08-0546
MARK SWANK AND JAMES J. MCCOY, JR., INDIVIDUALLY AND IN THEIR DERIVATIVE CAPACITY ON BEHALF OF
APPLIED MARINE PROPULSION SERVICES, INC. v. LLOYD R. CUNNINGHAM, MARTI L. BATSON, CUNNINGHAM &
ASSOCIATES, P.C., KEVIN J. MCEVILY, RICHARD L. FLOWERS, JR., MCEVILY & FLOWERS, JOHN L. VERNER,
AUBREY CALVIN, THE CALVIN LAW FIRM, MICHAEL MALONE AND BATTLE FOWLER, L.L.P.; from Harris County;
11th district (11‑06‑00172‑CV, 258 SW3d 647, 03-27-08)(legal malpractice, breaches of fiduciary duties,
conspiracy, conversion, and fraud)
For the reasons set forth above, the trial court properly granted summary judgment to appellees on the following
grounds: (1) that Swank and McCoy lack standing to assert their claims; (2) that Swank's and McCoy's causation
and damages theories are fatally speculative; and (3) that Swank and McCoy are not entitled to fee disgorgement.
Because summary judgment was proper on these grounds, we need not address the merits of the other summary
judgment grounds advanced by appellees. We overrule Swank's and McCoy's appellate issues.
08-0593
SP MIDTOWN, LTD. D/B/A SPACE PLACE MIDTOWN v. URBAN STORAGE, L.P. AND MIDTOWN STORAGE, L.L.C.;
from Harris County; 14th district (14‑07‑00717‑CV, ___ SW3d ___, 05-08-08)
SP Midtown Ltd. v. Urban Storage, LLC (Tex.App.- Houston [14th Dist.] May 8, 2008)(Anderson)
(trade secrets, tortious interference, civil conspiracy)
We reverse the judgment of the trial court granting Midtown's summary judgment motion as to Space Place=s
causes of action for theft, misappropriation, and/or misuse of confidential information and/or trade secrets; unjust
enrichment; tortious interference with contractual relationships; and conspiracy to misappropriate, tortiously interfere
with contractual relationships, and induce the breach of a fiduciary duty. We remand these portions of the judgment
to the trial court for further proceedings consistent with this opinion. We affirm the judgment of the trial court
granting Midtown's summary judgment motion as to Space Place's causes of action for tortious interference with
prospective business relationships and conspiracy to tortiously interfere with prospective business relationships.
08-0602
NANCY ORTEGON v. ENRIQUE BENAVIDES, M.D.; from Webb County; 4th district
(04‑05‑00768‑CV, ___ SW3d ___, 03-05-08) (medical malpractice, res ipsa loquitur, sponge left in body after
surgery)
Also see --> PETITIONS FOR REVIEW DENIED IN SEPTEMBER 2008
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
06-0384
CELOTEX CORPORATION, LECIL M. COLBURN, AND DAVID MURRY v. WAREHOUSE ASSOCIATES CORPORATE
CENTRE II, INC., WAREHOUSE ASSOCIATES CORPORATE CENTRE POST OAK, LTD., AND WAREHOUSE
ASSOCIATES DEVELOPMENT, INC.; from Harris County; 14th district (14-03-01444-CV, 192 SW3d 225, 03-30-06)
2 petitions
as reinstated
07-0495
SOUTHWEST GRAIN CO. v. MARTIN P. GARZA, JR., ABEL N. GONZALEZ, JR. AND AIDA GRACIELA GONZALEZ;
from Hidalgo County; 13th district (13-04-00409-CV, ___ SW3d ___, 04-12-07)
as reinstated
07-1001
BASIL BROWN AND YVONNE BROWN v. TEXAS BOARD OF NURSE EXAMINERS, ET AL.; from Travis County; 3rd
district (03-05-00508-CV, ___ SW3d ___, 10-18-07)
as redrafted
07-1073
GAMAL ABDEL-HAFIZ v. ABC, INC., ABC NEWS, INC., ABC NEWS HOLDING COMPANY, INC., CHARLES GIBSON,
BRIAN ROSS, ROBERT WRIGHT, AND JOHN VINCENT; from Tarrant County; 2nd district (02-06-00244-CV, 240
SW3d 492, 11-15-07)
(Justice Hecht not sitting)
07-1074
GAMAL ABDEL-HAFIZ v. FOX ENTERTAINMENT GROUP, INC., FOX BROADCASTING CO., FOX NEWS, INC., FOX
NEWS NETWORK, INC., FOX NEWS NETWORK, L.L.C., FOX NEWSHOLDINGS, INC., AND BILL O'REILLY; from
Tarrant County; 2nd district (02-06-00353-CV, 240 SW3d 524, 11-15-07)
(Justice Hecht not sitting)
08-0105
TARGET CORPORATION v. MRO SOUTHWEST, INC., D/B/A CROSSROADS MALL OF SAN ANTONIO, MRO
MANAGEMENT, INC. AND GUADALUPE CULTURAL ARTS CENTER; from Bexar County; 4th district (04-07-00078-
CV, ___ SW3d ___, 12-19-07)
08-0118
MELODY ALLISON, INDIVIDUALLY AND A/N/F OF DOROTHY MUELLER, ET AL. v. CHRIS UCHE, M.D.; from
Galveston County; 1st district (01-06-00546-CV, ___ SW3d ___, 10-11-07)
08-0141
MARY C. ACOSTA v. HEMLATA CHHEDA, D.D.S.; from Harris County; 1st district (01-07-00398-CV, ___ SW3d ___,
11-01-07)
08-0178
IN THE INTEREST OF C.A.M.M., A MINOR CHILD; from Harris County; 14th district (14-06-00279-CV, 243 SW3d
211, 10-30-07)
08-0245
TEXAS DEPARTMENT OF TRANSPORTATION v. MID-SOUTH PAVERS, INC.; from Travis County; 3rd district (03-06-
00666-CV, 246 SW3d 711, 12-19-07)
08-0253
IN THE INTEREST OF B.P.H. AND T.M.H., CHILDREN; from Deaf Smith County; 7th district (07-07-00006-CV, ___
SW3d ___, 02-14-08)
08-0270
ENVIROPOWER, L.L.C. v. BEAR, STEARNS & CO., INC.; from Harris County; 1st district (01-04-01111-CV, ___
SW3d ___, 02-21-08)
08-0283
COLLINS & AIKMAN FLOORCOVERINGS, INC. v. JAMES BRADLEY THOMASON; from Bexar County; 4th district (04-
06-00550-CV, 256 SW3d 402, 02-27-08)
08-0292
CITY OF FORT WORTH, TEXAS v. ARNOLDO DOMINGUEZ, ET AL.; from Tarrant County; 2nd district (02-06-
00196-CV, ___ SW3d ___, 03-06-08)
08-0329
GUADALUPE ALMANZA v. PYRAMID HEALTHCARE CORPORATION D/B/A ABILENE CONVALESCENT CENTER,
SENIOR LIVING PROPERTIES, L.L.C., AND WYVONNE ROYSDON; from Jones County; 11th district (11-06-00129-
CV, ___ SW3d ___, 03-13-08)
08-0349
HECTOR HINOJOSA, JR. v. CITIBANK (SOUTH DAKOTA), N.A.; from Dallas County; 5th district (05-07-00059-CV,
___ SW3d ___, 03-04-08)
08-0355
JOHN C. SCOTT v. WILLIAM E. KING; from Galveston County; 1st district (01-06-00565-CV, ___ SW3d ___, 03-27-
08)
08-0361
PAUL MARTIN CLARK AND BLACK CITIZENS FOR JUSTICE, LAW AND ORDER, INC. v. GLADYS ELAINE BLANTON
JENKINS; from Henderson County; 7th district (07-06-00385-CV, 248 SW3d 418, 02-22-08)
08-0370
BROOKSTONE, L.P. AND LIBERTY MUTUAL INSURANCE COMPANY v. GUSTAVO ARIAS D/B/A GUS TRUCKING
SERVICE; from Harris County; 1st district (01-05-00746-CV, ___ SW3d ___, 12-20-07)
08-0371
DALLAS COUNTY v. CAYCE COSKEY; from Dallas County; 5th district (05-07-00160-CV, 247 SW3d 753, 03-04-08)
08-0385
NANCY SAINT-PAUL v. THE CITY OF GALVESTON, TEXAS; BOARD OF TRUSTEES OF GALVESTON WHARVES;
AND BP ENERGY COMPANY; from Galveston County; 1st district (01-06-00580-CV, ___ SW3d ___, 02-14-08)
08-0389
IN RE TOWNLEY BYPASS UNIFIED CREDIT TRUST; from Rusk County; 6th district (06-07-00025-CV, 252 SW3d
715, 04-09-08)
08-0392
ROY H. BRAY v. THE CADLE COMPANY; from Harris County; 1st district (01-06-00899-CV, ___ SW3d ___, 01-24-
08)
08-0412
THE SIMMONS MANUFACTURING CO., LLC, IMPROPERLY NAMED BY PLAINTIFF/APPELLANT AS SIMMONS
BEDDING COMPANY v. JOE ANN SMITH; from Dallas County; 5th district (05-07-00823-CV, 250 SW3d 200, 04-14-
08)
08-0424
WAYNE ERNEST BARKER v. STEVEN R. HALBERT, ET AL.; from Cherokee County; 6th district (06-08-00045-CV,
___ SW3d ___, 05-06-08)
08-0456
MONICA EDIE RENER JONES v. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Denton County;
2nd district (02-07-00178-CV, ___ SW3d ___, 05-01-08)
2 petitions
08-0459
ROBERT GENE CUNNINGHAM, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF PATRICIA
MAUDINE CUNNINGHAM, TRACY JEANNE CUNNINGHAM LANG AND ROBIN LEE CUNNINGHAM BISHOP v. BLUE
CROSS BLUE SHIELD OF TEXAS, A DIVISION OF HEALTH CARE SERVICE CORPORATION, A MUTUAL LEGAL
RESERVE COMPANY; from Tarrant County; 2nd district (02-06-00363-CV, ___ SW3d ___, 02-21-08)
08-0472
VICTOR A. PALLARES, M.D. AND PAIN AND ANESTHESIA ASSOCIATES, P.L.L.C. D/B/A HEADACHE + PAIN
CENTER v. MAGIC VALLEY ELECTRIC COOPERATIVE, INC.; from Cameron County; 13th district (13-07-00559-CV,
___ SW3d ___, 05-08-08)
08-0475
ARMANDO RAMOS, SR. v. DR. IAN RICHARDSON AND VALLEY BAPTIST MEDICAL CENTER; from Cameron
County; 13th district (13-05-00204-CV&13-05-00205-CV, ___ SW3d ___, 04-24-08)
08-0480
PAMELA INGRAM v. WHITE SETTLEMENT INDEPENDENT SCHOOL DISTRICT; from Tarrant County; 2nd district
(02-07-00306-CV, ___ SW3d ___, 05-01-08)
08-0495
IN RE THE COMMITMENT OF TODD MITCHELL; from Montgomery County; 9th district (09-07-00002-CV, ___ SW3d
___, 03-20-08)
08-0509
GULF MARINE INSTITUTE OF TECHNOLOGY AND BIOMARINE TECHNOLOGIES, INC. v. JERRY PATTERSON,
COMMISSIONER OF THE GENERAL LAND OFFICE; from Matagorda County; 13th district (13-06-00067-CV, ___
SW3d ___, 02-28-08)
(Chief Justice Jefferson not sitting)
08-0522
GALVESTON BEVERAGE, LTD. v. THE GAMBRINUS COMPANY; from Bexar County; 4th district (04-07-00265-CV,
___ SW3d ___, 05-14-08)
(Justice Hecht not sitting)
08-0535
CELESTINA ADAME, INDIVIDUALLY AND AS NEXT FRIEND OF ERICA ADAME, A MINOR, ET AL v. LAW OFFICES
OF ALLISON & HUERTA, A TEXAS GENERAL PARTNERSHIP, DOUGLAS A. ALLISON, STEVE T. HASTINGS,
ALBERTO R. HUERTA AND JEANETTE CANTU-BAZAR; from Nueces County; 13th district (13-04-00670-CV, ___
SW3d ___, 05-22-08)
08-0564
IN THE INTEREST OF S.T., A CHILD; from Brazos County; 10th district (10-07-00306-CV, ___ SW3d ___, 05-28-08)
2 petitions
as amended
08-0616
BARBARA HOLLADAY, RICHARD H. BYRNE, MICHAEL V. BYRNE AND JAMES E. BYRNE, JR., INDIVIDUALLY AND
NOT AS INDEPENDENT EXECUTOR OF THE ESTATE OF RUSSELL E. WOMACK, DECEASED v. DEAH'DRA ANNE
CUMMINGS, NANCY HIGGINSON, DEBBIE CHEADLE, ARTHUR CHEADLE, CAMILLE SAWAYA, WAYNE CARSON
AND RAEANNE MARTIN; from Lubbock County; 7th district (07-07-00446-CV, ___ SW3d ___, 05-28-08)
08-0629
JERRY VALDEZ v. DOROTHY H. MELLO; from Bexar County; 4th district (04-07-00712-CV, ___ SW3d ___, 06-04-
08)
PETITIONS FOR REVIEW DENIED SEPTEMBER 19, 2008
THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED:
08-0455
EX PARTE GARY HAMPTON; from Dallas County; 5th district (05-07-00523-CV, ___ SW3d ___, 03-26-08, pet
denied Sep. 2008) (expunction denied)
08-0510
BIOSILK SPA, L.P., F.K.A. ONE MARENGO, L.P. v. HG SHOPPING CENTERS, L.P.; from Harris County; 14th district
(14-06-00986-CV, ___ SW3d ___, 05-08-08, pet. denied Sep. 2008) (fraud, fraudulent inducement, negligent
misrepresentation, and promissory estoppel, no reasonable reliance)
08-0562
IN THE MATTER OF S.C.; from Travis County; 3rd district
(03-06-00397-CV, ___ SW3d ___, 07-03-08, pet. denied Sep 2008) (juvenile case, aggravated robbery, murder,
transfer order affirmed)
08-0565
GARY DEAN BROOKS v. DANA LEDON BROOKS; from Wise County; 2nd district
(02-07-00270-CV, 257 SW3d 418, 06-05-08, pet. denied Sep 2008)(mediated settlement agreement, estoppel)
08-0594
TRUDY LEGGETT, INDIVIDUALLY AND AS HEIR OF NATHAN LEGGETT, DECEASED v. CITY OF AUSTIN, TEXAS;
from Travis County; 3rd district (03-07-00345-CV, 257 SW3d 456, 06-12-08, pet. denied Sep. 2008)(TTCA,
drowning death, flooded street, sovereign immunity)
08-0604
WILLIAM WYROSKI v. DANNY R. CHOATE INSULTECH OF TEXAS, INC, D/B/A INSULTECH; from Tarrant County;
2nd district (02-07-00262-CV, ___ SW3d ___, 06-19-08, pet denied Sep. 2008)
08-0640
R2 ENTERPRISES, INC. AND TED REEVES v. VERNON WHIPPLE; from Denton County; 2nd district
(02-07-00257-CV, ___ SW3d ___, 06-26-08, pet. denied Sep 2008)(JNOV, partnership dispute, no standing)
PETITIONS FOR REVIEW DENIED SEPTEMBER 12, 2008:
08-0460
JOSE THOTTUMKAL AND SARAMMA THOTTUMKAL v. LARRY MCDOUGAL; from Fort Bend County; 14th district
(14-06-00364-CV, 251 SW3d 715, 01-15-08)(frivolous suit sanctions in favor of defendant attorney affirmed)
08-0499
REBECCA DUNN GRIDER v. MIKE O'BRIEN, P.C., O'QUINN & LAMINACK, AND ITS SUCCESSORS IN INTEREST,
THE O'QUINN FIRM, JOHN M. O'QUINN, AND KAISER & MAY, L.L.P.; from Harris County; 1st district
(01-07-00006-CV, ___ SW3d ___, 05-08-08)(legal malpractice suit stemming from medical malpractice suit)
08-0538
ELTON ADAMCHEK, ET AL. v. REYNOLDS METAL COMPANY, ET AL.; from Wharton County; 13th district
(13-06-00240-CV, ___ SW3d ___, 04-24-08)(nuisance, groundwater contamination, summary judgment)
08-0550
ESTATE OF WALTER ARTHUR KRIEGEL, DECEASED; from Parmer County
petitioner's motion for summary judgment denied
08-0573
MICHAEL LOU GARRETT v. LARRY E. BERGER, ET AL.; from Wichita County; 2nd district
(02-08-00030-CV, ___ SW3d ___, 06-19-08)(pro se prisoner suit, inmate litigation, temporary injunction appeal)
08-0588
MICHAEL O. MURRAY AND WHITNEY W. MURRAY v. THE CADLE COMPANY; from Dallas County; 5th district
(05-06-01481-CV, 257 SW3d 291, 04-25-08)(lien priority, foreclosure, equitable subrogation)
08-0610
MARK ZIMMER v. PALESTINE HERALD-PRESS CO., NEWSPAPER HOLDINGS, INC., AND SCOTT TYLER; from
Cherokee County; 12th district (12-07-00139-CV, 257 SW3d 504, 06-25-08)(defamation, verifiable statement of fact
vs. opinion)
08-0612
MARIA GLORIA NASH v. BRENDA GRAY; from Tarrant County; 2nd district
(02-07-00351-CV, ___ SW3d ___, 06-19-08)(dispute over life insurance proceeds, current and former wife)
PETITIONS FOR REVIEW DENIED SEPTEMBER 5, 2008:
08-0525
H. LANCE STINNETT AND METZ B. CASTLEBERRY v. SFJV-2003-1, LLC; from Parker County; 2nd district
(02-06-00445-CV, ___ SW3d ___, 04-03-08) (suit on a promissory note, challenge to summary judgment affidavits
overruled)
08-0599
LANGSTON, SWEET & FREESE, P.A. AND SWEET & FREESE, P.L.L.C. v. CLETUS P. ERNSTER, III; CLETUS P.
ERNSTER, III, P.C.; AND R.G. TAYLOR, II, P.C.; from Jefferson County; 9th district
(09-07-00435-CV, 255 SW3d 402, 05-08-08) (special appearance, personal jurisdiction, interlocutory appeal)
Petitions for Review Denied August 22, 2008
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
08-0400
DR. CAMIL KREIT, M.D., P.A. v. LINDA YOUNG; from Polk County; 11th district
(11-06-00149-CV, 253 SW3d 790, 02-22-08, pet. denied Aug 2008) (personal injury, workplace safety) 3 petitions
08-0466
SHARON SWANK BACKHUS, BENJAMIN F. SWANK, III, SHANNON LEA WERCHAN PICKERING, SWANK TURNER
BACKHUS, BENJAMIN FONTAINE SWANK, IV, CHRISTIAN HARRIS SWANK AND SUZANNE SWANK PORTER v.
HAVEN LYNN WERCHAN WISNOSKI AND SHANE ALAN WERCHAN; from Grimes County; 1st district
(01-07-00041-CV, ___ SW3d ___, 03-13-08, pet denied Aug 2008)
Backhus v. Werchan Wisnoski (Tex.App. - Houston [1st Dist.] Mar. 13, 2008)(Nuchia)
(probate law, construction of will, real estate law, partition of land, declaratory judgment suit)
08-0484
JAMES R. WINN, M.D. v. SPECTRUM PRIMARY CARE, INC.; from Denton County; 2nd district
(02-07-00038-CV, ___ SW3d ___, 04-24-08, pet denied Aug. 2008) (employment agreement, notice of termination,
bonus, hearsay objection to summary judgment evidence sustained)
08-0542
LINDA SHEFFIELD INDIVIDUALLY, AND AS THE ADMINISTRATRIX OF THE ESTATE OF CODY JAYTON RISTER
AND CALVIN RISTER v. JAN MICHAEL DRAKE; from Stephens County; 11th district
(11-06-00236-CV, 255 SW3d 779, 05-22-08) (survival and wrongful death claims arising from death in a motor
vehicle, alcohol and minors, negligent entrustment claim, Dram Shop Act claim, judicial admission as SJ evidence)
Petitions for Review Denied Aug. 15, 2008
THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED ON AUGUST 15, 2008
08-0344
SHELL OIL COMPANY v. E.I. DU PONT DE NEMOURS AND COMPANY; from Harris County; 1st district
(01-07-00118-CV, ___ SW3d ___, 11-15-07, pet. denied Aug 2008)
Opinion below: E. I. du Pont v. Shell Oil Co. (Tex.App.- Houston [1st Dist.] Nov. 15, 2007)(Jennings)
(breach of indemnification agreement, segregation, defense costs, indemnity claim)
08-0365
MICHAEL A. FRENCH AND WIFE, MISTI MICHELLE FRENCH v. BRIAN JAMES GILL AND GIUSEPPE V. RICCIO D/B/A
TIGERS TRUCKING CO.; from Wood County; 6th district (06-07-00076-CV, 252 SW3d 748, 04-16-08, pet denied
Aug 2008)(limitations, no tolling, 2 year statute of limitations, SoL for negligence, PI-auto)
08-0411
ROBERT D. SMITH, CRAIG B. LYON, CARL WALCHSHAUSER, THE FRANKIE R. PUTNAM, SR. TRUST, FRANK
PUTNAM, INDIVIDUALLY, THE CLEAR CREEK AIR ESTATES PROPERTY OWNERS ASSOCIATION, INC. AND
ROBERT E. ADAMS v. BENJAMIN F. HUSTON, MARY E. HUSTON, BENJAMIN E. HUSTON, DIANA A. HUSTON,
THOMAS WESSIE HUSTON AND CRISTY R. HUSTON; from Denton County; 2nd district (02-07-00117-CV,
251 SW3d 808, 03-20-08, pet. denied Aug 2008)(dispute over access to and fees associated with an airstrip,
easement, declaratory judgment)
08-0425
KENNETH J. MAGNUSON v. CITIBANK (SOUTH DAKOTA) N.A.; from Denton County; 2nd district
(02-06-00465-CV, ___ SW3d ___, 02-14-08, pet. denied Aug 2008)
(credit card suit, Rule 12 motion, failure to appear)
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)
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)
Petition for Review (PFR) Denied August 12, 2008
08-0478
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES v. ALEXANDER VALLEJO; from Travis County;
3rd district (03-07-00003-CV, ___ SW3d ___, 04-18-08, pet denied Aug 2008) (termination, frivolous appeal)
petition for review, being treated as a petition for writ of mandamus, denied
Petitions for Review Denied August 8, 2008
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
08-0368 KIRK WAYNE MC BRIDE, SR. v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE-CORRECTIONAL
INSTITUTIONS DIVISION, ET AL.; from Bee County; 13th district (13-05-00391-CV & 13-05-00392-CV, ___ SW3d
___, 02-28-08, pet. denied Aug. 2008)(prisoner suit, DTPA consumer law)
08-0420 CAROL SYLVIA SMITH v. PAMELA WEBB AND ANN HOSEK; from San Patricio County; 13th district
(13-06-00523-CV, ___ SW3d ___, 04-30-08, pet. denied Aug. 2008) (easement by necessity)
08-0431 JIMMIE CASIAS, AS REPRESENTATIVE OF THE ESTATE OF SANTIAGO G. CASIAS (DECEASED) AND
RACHEL CASIAS, AS REPRESENTATIVE OF CASIAS OIL WELL SERVICE, INC. v. SOMERSET INDEPENDENT
SCHOOL DISTRICT (SISD); from Bexar County; 4th district (04-07-00829-CV, ___ SW3d ___, 04-23-08, pet. denied
Aug. 2008) (no waiver of governmental immunity, Tooke v. City of Mexia progeny)
08-0513 SOUTH PLAINS SWITCHING, LTD. CO. AND SOUTH PLAINS LAMESA RAILROAD, L.L.C. v. BNSF
RAILWAY COMPANY, F/K/A THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY; from Lubbock
County; 7th district (07-06-00165-CV, ___ SW3d ___, 04-17-08, pet. denied Aug. 2008) (Justice O'Neill not sitting)
(railway dispute)
This case arises because of disputes between South Plains Switching, Ltd. Co. (SAW), South Plains Lamesa
Railroad, L.L.C. (SLAL), and Burlington Northern Railway Company, formerly known as Burlington Northern and
Santa Fe Railway Company (BNSF). ... [T]he judgment of the trial court is modified to delete those portions of the
judgment awarding $12,600 in damages to SAW with respect to the West Texas Industries lease, to delete that
portion of the judgment awarding injunctive relief and specific performance to SAW, to delete that portion of the
judgment awarding attorney's fees to SAW, and to provide that SAW take nothing on those claims. As modified, the
judgment is affirmed. Tex. R. App. P. 43.2.
Petitions for Review Denied August 1, 2008
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)
08-0138 ESTATE OF JOHN A. TEINERT DECEASED, LAURANCE KRIEGEL, DESCENDENT, HEIR TO THE
ESTATE; from Coryell County; 10th district (10-07-00297-CV, 251 SW3d 66, 01-09-08, pet. denied Aug 1, 2008)
as redrafted; petitioner's motion for partial summary judgment denied (probate matter)(Because the trial court had
no jurisdiction to take any further action with regard to Teinert’s Estate, this Court has jurisdiction only to dismiss the
appeal.)
08-0410 JESUS MENDOZA v. PEDRO S. MONTANO M.D., AND JUSTICE OF THE PEACE ISMAEL "MELO" OCHOA;
from Hidalgo County; 13th district (13-07-00146-CV, ___ SW3d ___, 02-28-08, pet. denied Aug 1, 2008) (pro se
appeal, agreed order of dismissal, due process claim)
This is an appeal from an order of dismissal that purports to be agreed to by all parties. Appellant, Jesus Mendoza,
appearing pro se, urges that the trial court's denial of his motion to reconsider the agreed order deprived him of due
process and discriminated against him because of his disability. No appellees' brief has been filed to assist us in the
resolution of this case. We affirm. ... Without evidence or any documentation showing that the trial court erred in
some way, we cannot say that the trial court abused its discretion in either not continuing the hearing on February
5th or by denying his request for reconsideration. The agreed order of dismissal is affirmed.
08-0461 THOMAS LOUIS v. MOBIL CHEMICAL COMPANY, A DIVISION OF EXXON MOBIL OIL CORPORATION,
JAMES BOWSER AND RANDALL ROY; from Jefferson County; 9th district (09-06-00568-CV, 254 SW3d 602, 05-01-
08, pet denied Aug. 1 2008) (Justice O'Neill not sitting) (employment law, IIED, defamation, retaliation)
After his employment with Mobil Chemical Company ceased, Thomas Louis sued his former employer and two
supervisors, James Bowser and Randall Roy, for intentional infliction of emotional distress, defamation, and
retaliation. The trial court granted summary judgment for all defendants. The four issues raised by Thomas on
appeal contend material fact issues exist as to each of the claims and that the trial court erred in granting summary
judgment. We find no error and affirm the judgment.
Petitions Denied July 2008 ---> July 2008 PFR Denials
