TEXAS SUPREME COURT
ORDERS 2008
(orders without opinions)
RECENT ORDERS ISSUED BY THE SUPREME COURT OF TEXAS
April 2008 Orders | May 2008 Orders | June 2008 Orders | July 2008 Orders |
Please note that there are separate pages for
Orders Granting Petitions, Orders Denying Petitions for Review,
and for Texas Supreme Court Opinions
ORDERS ISSUED OCTOBER 17, 2008
ORDERS ON MOTIONS FOR REHEARING
THE MOTION FOR REHEARING OF THE FOLLOWING
DIRECT APPEAL IS DENIED:
08-0494
LAURANCE KRIEGEL v. DIVERSIFIED FINANCIAL SERVICES, LLC. AND EMPLOYEES AS INDIVIDUAL PARTIES, JOHN L.
SEYMOUR, LITIGATION MANAGER, BRIAN S. KELLEY, PORTFOLIO/COLLECTIONS SERVICING MANAGER, CHRIS
FORD, AVP, MIKE HUGHBANKS, SENIOR V.P. CHIEF OPERATIONS OFFICER; from Parmer County
THE MOTIONS FOR REHEARING OF 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) 2 motions for rehearing
08-0512
LAURANCE KRIEGEL v. TEXAS DEPARTMENT OF AGRICULTURE, ORGANIC CERTIFYING AGENT, AND INDIVIDUALLY,
LESLIE MCKINNON, COORDINATOR FOR ORGANIC CERTIFICATION
08-0514
LAURANCE KRIEGEL v. PARMER COUNTY SHERIFF'S OFFICE, ET AL.; from Parmer County
motion to set hearing denied
08-0548
LAURANCE KRIEGEL v. RAILROAD COMMISSION OF TEXAS, ET AL.
fourth motion for discovery denied | motion to set hearing denied
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS
DENIED:
08-0298
IN RE MEDICAL CARBON RESEARCH INSTITUTE, L.L.C. AND JACK C. BOKROS, PH.D.; from Brazoria County; 14th
district (14‑08‑00104‑CV, ___ SW3d ___, 04‑09‑08)
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
08-0729
IN RE JOHN FOX; from El Paso County; 3rd district (08‑08‑00092‑CV )
08-0732
IN RE JOHN FOX; from El Paso County; 8th district
08-0734
IN RE HARVEY BRAMLETT, JR.; from Dallas County; 5th district (05‑07‑01256‑CV, ___ SW3d ___, 08‑07‑08)
08-0747
IN RE COMPLETE BOOKS & MEDIA SUPPLY, INC.; from Travis County; 3rd district (03‑08‑00432‑CV, ___ SW3d ___,
07‑31‑08)
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS ABATED:
08-0804
IN RE MILLENNIUM MULTIPLE EMPLOYER WELFARE BENEFIT PLAN, MILLENNIUM MARKETING GROUP, INC., NORMAN
BEVAN, AND INNOVUS FINANCIAL SOLUTIONS, INC.; from Dallas County; 5th district (05‑08‑01025‑CV, ___ SW3d
___, 08‑11‑08)
relator's motion to abate granted
abatement order issued
[Note: This case is removed from the Court's active docket until December 16, 2008, by which time the parties must file
either a status report or a motion to dismiss.]
STAY ORDERS ARE ISSUED IN THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS:
08-0660
IN RE SATTERFIELD & PONTIKES CONSTRUCTION, INC.; from Duval County; 4th district (04‑08‑00343‑CV, ___
SW3d ___, 08‑13‑08)
relator's motion for emergency stay granted
stay order issued
[Note: The petition for writ of mandamus remains pending before this Court.]
08-0800
IN RE HOUSTON PIPE LINE COMPANY, L.P. D/B/A HOUSTON PIPE LINE COMPANY; ENERGY TRANSFER EQUITY, L.P.;
ENERGY TRANSFER PARTNERS, L.P.; AND LA GRANGE ACQUISITION, L.P. D/B/A ENERGY TRANSFER COMPANY;
from Victoria County; 13th district (13‑07‑00299‑CV&13‑07‑00362‑CV, ___ SW3d ___, 08‑26‑08)
relators' motion for emergency stay granted
stay order issued
requested response due by 3:00 p.m., November 17, 2008
[Note: The petition for writ of mandamus remains pending before this Court.]
08-0820
IN RE GREATER HOUSTON ORTHOPAEDIC SPECIALISTS, INC.; from Cameron County; 13th district
(13‑08‑00366‑CV, ___ SW3d ___, 09‑11‑08)
motion for interim relief granted
stay order issued
[Note: The petition for writ of mandamus remains pending before this Court.]
Orders Pronounced October 15, 2008
MISCELLANEOUS
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
08-0865
IN RE LAWRENCE W. FEW; from El Paso County; 8th district
motion for emergency stay denied
Orders Issued October 10, 2008
THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:
05-0386
PROVIDENCE HEALTH CENTER A/K/A DAUGHTERS OF CHARITY HEALTH SERVICES OF WACO AND DEPAUL
CENTER A/K/A DAUGHTERS OF CHARITY HEALTH SERVICES OF WACO v. JIMMY AND CAROLYN DOWELL,
INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF JONATHAN LANCE DOWELL, DECEASED; from McLennan
County; 10th district (10‑02‑00026‑CV, 167 SW3d 48, 03‑30‑05)
05-0788
JAMES C. PETTIT, D.O. v. JIMMY AND CAROLYN DOWELL, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF
JONATHAN LANCE DOWELL, DECEASED; from McLennan County; 10th district (10‑01‑00420‑CV, ___ SW3d ___,
08‑10‑05)
07-0682
UNIFUND CCR PARTNERS v. KENNETH F. WEAVER; from McLennan County; 10th district (10‑06‑00207‑CV, 231
SW3d 441, 07‑11‑07)
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
05-0717
PETER COLDWELL, M.D. v. JOYCE O'NEAL, ET AL.; from Refugio County; 13th district (13‑04‑00258‑CV, ___ SW3d
___, 07‑21‑05)
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)
08-0332
ULYSSES SINAI LOPEZ v. MAX KUSHNER AND SARA KATHRYN KUSHNER; from Tom Green County; 3rd district
(03‑06‑00779‑CV, ___ SW3d ___, 02‑13‑08)
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS
DENIED:
08-0659
IN RE LORI ANNE TIERI; from Smith County; 12th district (12‑07‑00472‑CV, ___ SW3d ___, 08‑13‑08)
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
07-0914
IN RE COLUMBIA-VALLEY HEALTHCARE SYSTEM, L.P. D/B/A VALLEY REGIONAL MEDICAL CENTER; from Cameron
County; 13th district (13‑07‑00672‑CV, ___ SW3d ___, 10‑31‑07)
08-0107
IN RE WEEKS MARINE, INC.; from Harris County; 14th district (14‑07‑00501‑CV, 242 SW3d 849, 12‑19‑07)
08-0519
IN RE JANICE M. WILKERSON; from Harris County; 14th district (14‑08‑00376‑CV, ___ SW3d ___, 06‑06‑08)
08-0689
EX PARTE PATRICK EUGENE MALLEY; from Harris County
08-0703
IN THE INTEREST OF K.F.K., ET AL., CHILDREN; from Bexar County; 4th district
08-0716
IN RE EDMUND B. HEIMLICH; from Travis County; 3rd district (03‑05‑00827‑CV, ___ SW3d ___, 07‑31‑08)
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED AS MOOT:
08-0566
IN RE 4 MR, INC. D/B/A HOLDEN-MCCAULEY FUNERAL HOME AND HOLDEN-MCCAULEY FUNERAL HOME; from Haskell
County; 11th district (11‑08‑00144‑CV, ___ SW3d ___, 06‑26‑08)
motion to dismiss petition for writ of mandamus granted
A STAY IS ISSUED IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS:
08-0584
IN RE MACY'S TEXAS, INC.; from Bexar County; 4th district (04‑08‑00469‑CV, ___ SW3d ___, 07‑23‑08)
motion for temporary relief granted
stay order issued
[Note: The petition for writ of mandamus remains pending before this Court.]
Orders Pronounced October 3, 2008
ORDERS ON CAUSES
THE FOLLOWING MOTION TO PARTICIPATE IN ORAL ARGUMENT IS DENIED:
05-0272
ENTERGY GULF STATES, INC. v. JOHN SUMMERS; from Jefferson County;
9th district (09‑04‑00152‑CV, ___ SW3d ___, 12‑30‑04)
request of amici curiae for separate time to appear at oral argument denied
Pursuant to Texas Rule of Appellate Procedure 59.6, upon motion to the Court and with a party's consent, the Court will
grant amicus curiae leave to share up to five minutes of the twenty minutes allotted to that party for oral argument.
THE FOLLOWING PETITION FOR REVIEW IS DISMISSED:
08‑0635 CAROL GILLEN v. MARK S. GREENBURG, M.D. AND ALL-STAR ORTHOPAEDICS AND SPORTS MEDICINE, P.
A.; from Dallas County; 5th district (05‑07‑01485‑CV, 257 SW3d 281, 4‑23‑08)
unopposed motion to dismiss granted
MISCELLANEOUS
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
08‑0791 IN RE LANAYE JULIAN; from Cameron County; 13th district
(13‑08‑00363‑CV, ___ SW3d ___, 06‑19‑08) as redrafted
verified emergency motion to stay underlying proceedings denied
Orders Pronounced October 2, 2008
ORDERS ON PETITIONS FOR REVIEW
A STAY IS ISSUED IN THE FOLLOWING PETITION FOR REVIEW:
08-0696
THE UNIVERSITY OF TEXAS SOUTHWESTERN MEDICAL CENTER AT DALLAS
v. LARRY M. GENTILELLO, M.D.; from Dallas County; 5th district
(05-07-00845-CV, 260 SW3d 221, 07-18-08)
emergency motion to reinstate statutory stay and
acate court of appeals' order lifting stay granted in part
stay order issued
[Note: The petition for review remains pending before this Court.]
Orders Pronounced September 23, 2008
MISCELLANEOUS
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS
IS DENIED:
08-0761
IN RE BOB BARR, WAYNE ALLYN ROOT AND THE LIBERTARIAN PARTY OF TEXAS
Orders Pronounced September 22, 2008
MISCELLANEOUS
THE FOLLOWING PETITION FOR WRIT OF PROHIBITION IS DENIED:
08-0774
IN RE MARK A. METZGER; from Harris County
motion for emergency relief denied
See Tex. R. App. P. 17 and 52.3(e)
Orders Pronounced September 19, 2008
THE FOLLOWING PETITION FOR REVIEW IS STRUCK
PURSUANT TO TEXAS RULE OF APPELLATE PROCEDURE 9.4(i):
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)
The Court strikes the petition for review with the following notation: "The petition violates Texas Rules of Appellate
Procedure 9.8(b)(1)(C) and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed September 29,
2008."
ORDERS ON MOTIONS FOR REHEARING
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR REVIEW IS DENIED:
08-0140
CYNTHIA HIEGER AND ROY C. HIEGER, BOTH INDIVIDUALLY AND AS NEXT FRIEND OF DAVID C. HIEGER, A MINOR v.
WALGREEN COMPANY; from Harris County; 14th district (14-06-00962-CV, 243 SW3d 183, 10-11-07)
MISCELLANEOUS
THE FOLLOWING DIRECT APPEAL IS DENIED:
08-0555
JOHN D. MCKEEVER, M.D., CHARLES C. DOMINGUES, M.D., BEAUMONT BONE & JOINT INSTITUTE, P.A., CHRISTUS
HEALTH SOUTHEAST TEXAS D/B/A CHRISTUS ST. ELIZABETH HOSPITAL, TEXAS ALLIANCE FOR PATIENT ACCESS,
TEXAS MEDICAL ASSOCIATION, AND TEXAS HOSPITAL ASSOCIATION v. ADRIAN CERNY AND JAMES E. ZAGONE;
from Travis County
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
08-0622
IN RE CAROL JOHNENE MORRIS; from Midland County; 11th district (11-07-00357-CV, ___ SW3d ___, 01-10-08)
Orders Pronounced September 18, 2008
MISCELLANEOUS
THE MOTION TO STAY IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
08-0761
IN RE BOB BARR, WAYNE ALLYN ROOT AND THE LIBERTARIAN PARTY OF TEXAS
motion for emergency stay denied
[Note: The petition for writ of mandamus remains pending before this Court.]
Orders Pronounced October 6, 2008
MISCELLANEOUS
A STAY IS ISSUED IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS:
08-0836 IN RE WEEKLEY HOMES, L.P.; from Dallas County; 5th district
(05-08-01249-CV, ___ SW3d ___, 09-24-08)
unopposed emergency motion for stay pending resolution of petition for writ of mandamus granted
stay order issued
requested response due by 3:00 p.m., October 16, 2008
[Note: The petition for writ of mandamus remains pending before this Court.]
Orders Pronounced October 3, 2008
ORDERS ON CAUSES
THE FOLLOWING MOTION TO PARTICIPATE IN ORAL ARGUMENT IS DENIED:
05-0272
ENTERGY GULF STATES, INC. v. JOHN SUMMERS; from Jefferson County; 9th district
(09-04-00152-CV, ___ SW3d ___, 12-30-04)
request of amici curiae for separate time to appear at oral argument denied
Pursuant to Texas Rule of Appellate Procedure 59.6, upon motion to the Court and with a party's consent, the Court will
grant amicus curiae leave to share up to five minutes of the twenty minutes allotted to that party for oral argument.
THE FOLLOWING PETITIONS FOR REVIEW ARE 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)
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)
08-0602
NANCY ORTEGON v. ENRIQUE BENAVIDES, M.D.; from Webb County; 4th district
(04-05-00768-CV, ___ SW3d ___, 03-05-08)
THE FOLLOWING PETITION FOR REVIEW IS DISMISSED:
08-0635
CAROL GILLEN v. MARK S. GREENBURG, M.D. AND ALL-STAR ORTHOPAEDICS AND SPORTS MEDICINE, P.A.; from
Dallas County; 5th district (05-07-01485-CV, 257 SW3d 281, 4-23-08)
unopposed motion to dismiss granted
MISCELLANEOUS
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
08-0791 IN RE LANAYE JULIAN; from Cameron County; 13th district
(13-08-00363-CV, ___ SW3d ___, 06-19-08) as redrafted
verified emergency motion to stay underlying proceedings denied
Orders Pronounced October 2, 2008
ORDERS ON PETITIONS FOR REVIEW
A STAY IS ISSUED IN THE FOLLOWING PETITION FOR REVIEW:
08-0696 THE UNIVERSITY OF TEXAS SOUTHWESTERN MEDICAL CENTER AT DALLAS
v. LARRY M. GENTILELLO, M.D.; from Dallas County; 5th district (05‑07‑00845‑CV, 260 SW3d 221, 07-18-08)
emergency motion to reinstate statutory stay and vacate court of appeals' order lifting stay granted in part
stay order issued
[Note: The petition for review remains pending before this Court.]
Orders Pronounced September 12, 2008
ORDERS ON CAUSES
THE MOTIONS TO RESET ORAL ARGUMENT IN THE FOLLOWING CAUSES
ARE DENIED:
07-0520
ED VANEGAS, JIMMY D. HALMAN, SAM ARMSTRONG, ALEX CARBAJAL ROGER
FARRINGTON, CURTIS HUFF AND TITO BETANCUR v. AMERICAN ENERGY SERVICES, NIEWOEHNER PARTNERSHIP,
L.P., RCH/HSJ/CCM/MCPI, L.P., AUTRY STEPHENS, JOHN CARNETT, BRACK BLACKWOOD AND DENNIE MARTIN; from
Midland County; 11th district (11-06-00118-CV, 224 SW3d 544, 05-10-07)
unopposed motion to reschedule oral argument denied
[Note: This case remains set for oral argument at 9:00 a.m., October 15, 2008.]
07-0665
IN RE MORGAN STANLEY & CO. INCORPORATED, SUCCESSOR TO MORGAN STANLEY DW, INC.; from Dallas County;
5th district (05-07-00590-CV, ___ SW3d ___, 07-17-07)
relator's opposed motion to reschedule oral argument denied
[Note: This case remains set for oral argument at 9:00 a.m., October 15, 2008.]
THE MOTION IN THE FOLLOWING CAUSE IS DENIED:
05-0916
PLEASANT GLADE ASSEMBLY OF GOD, REVEREND LLOYD A. MCCUTCHEN, ROD LINZAY, HOLLY LINZAY, SANDRA
SMITH, BECKY BICKEL, AND PAUL PATTERSON v. LAURA SCHUBERT; from Tarrant County; 2nd district
(02-02-00264-CV, 174 SW3d 388, 09-15-05)
respondent's unopposed motion to stay issuance of mandate denied
THE FOLLOWING PETITIONS FOR REVIEW ARE ABATED:
08-0501
IN THE MATTER OF THE GUARDIANSHIP OF KATHRYN HOUSEWORTH GIBBS, AN INCAPACITATED PERSON; from
Denton County; 2nd district (02-05-00143-CV, 253 SW3d 866, 04-03-08)
motion to abate granted
abatement order issued
[Note: This case is removed from the Court's active docket until October 15, 2008, by which time the parties must file
either a status report or a motion to dismiss.]
08-0521
IN RE GUARDIANSHIP OF KATHRYN HOUSEWORTH GIBBS, AN INCAPACITATED PERSON; from Denton County; 2nd
district (02-05-00460-CV, ___ SW3d ___, 04-17-08)
motion to abate granted
abatement order issued
[Note: This case is removed from the Court's active docket until October 15, 2008, by which time the parties must file
either a status report or a motion to dismiss.]
THE FOLLOWING PETITIONS FOR REVIEW ARE STRUCK PURSUANT TO TEXAS RULE OF
APPELLATE PROCEDURE 9.4(i):
08-0624
IN THE INTEREST OF S.L.M.; from Bexar County; 4th district (04-07-00566-CV, ___ SW3d ___, 06-18-08)
The Court strikes the petition for review with the following notations: "The petition violates Texas Rules of Appellate
Procedure 9.8(b)(1)(C) and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed September 22,
2008."
08-0670
SHARI A. WYNNE v. CITIBANK (SOUTH DAKOTA), N.A.; from Travis County; 7th district
(07-06-00162-CV, ___ SW3d ___, 04-25-08) motion to exceed the page limit for the petition for review denied
The Court strikes the petition for review with the following notations: "The petition violates Texas Rules of Appellate
Procedure 53.6 and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed September 22, 2008."
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)
The Court strikes the petition for review with the following notations: "The petition violates Texas Rules of Appellate
Procedure 9.4(f) and (h) and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed September
22, 2008."
08-0719
KERRY LYNN JOYCE v. TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES; from Henderson
County; 12th district (12-07-00371-CV, ___ SW3d ___, 06-30-08)
The Court strikes the petition for review with the following notations: "The petition violates Texas Rules of Appellate
Procedure 9.8(b)(1)(C) and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed September 22,
2008."
ORDERS ON MOTIONS FOR REHEARING
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR REVIEW IS DENIED:
08-0218
ROSE MARIE PATRONELLA v. HOUSTON INDEPENDENT SCHOOL DISTRICT; from Harris County; 14th district
(14-07-00357-CV, ___ SW3d ___, 01-10-08)
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS
DENIED:
07-0554
IN RE DELFINO GONZALEZ
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
08-0597
IN RE ELOY MATA
08-0605
IN RE CHRISTOPHER M. DEIOTTE
08-0623
IN RE JUAN ALMAGUER #688069
ORDERS RELEASES SEPTEMBER 5, 2008
THE FOLLOWING PETITION FOR REVIEW IS STRUCK
PURSUANT TO TEXAS RULE OF APPELLATE PROCEDURE 9.4(i):
08-0697
ALESA KELLY v. DALLAS, GARLAND & NORTHEASTERN RAILROAD, INCORPORATED
AND UNION PACIFIC RAILROAD COMPANY; from Grayson County; 5th district
(05-06-00456-CV, ___ SW3d ___, 07-17-08)
The Court strikes the petition for review with the following notations: "The petition violates Texas Rule of Appellate
Procedure 53.6 and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed September 15, 2008."
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
08-0291
RONNIE R. REBER & ALAN RHEA TODD v. BELL HELICOPTER TEXTRON, INC.; from Tarrant County; 2nd district (02-07-
00104-CV, 248 SW3d 853, 03-06-08)
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)
08-0406
HENRY MELVYN RICHARDSON, STEPHANY HARRIS, KLAREE BOOSE, SARAH, KEELI, IVY, SHEBA, DARRELL,
HARPER, EMMA, RAIN, AND ULYSSES v. PRIMARILY PRIMATES, INC.; from Bexar County; 4th district
(04-06-00868-CV, 255 SW3d 132, 01-16-08)
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS
DENIED:
08-0331
IN RE DONALD MOODY, SR.; from Jefferson County; 9th district
(09-07-00064-CV, ___ SW3d ___, 02-15-07)
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
08-0598
IN RE OVIDIO GARCIA, JR., & JUAN G. HINOJOSA; from Starr County; 4th district
(04-08-00348-CR, ___ SW3d ___, 06-11-08)
08-0601
IN RE BRIAN CALVIN ADAMS; 3rd district (03-08-00335-CV, ___ SW3d ___, 06-11-08)
08-0603
IN RE CHRISTOPHER M. DEIOTTE; from Harris County
Orders Pronounced August 22, 2008
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITION FOR REVIEW IS ABATED:
08-0074
THOMAS O. BENNETT, JR., AND JAMES B. BONHAM CORPORATION V. RANDY REYNOLDS;
from San Saba County; 3rd district (03-05-00034-CV, 242 SW3d 866, 12-21-07)
(punitive damages in cattle theft suit affirmed) abatement order issued
[Note: Effective as of August 6, 2008, the case is abated pursuant to Tex. R. App. P. 8.2 until further order of this Court
and is removed from the Court's active docket, subject to reinstatement upon proper motion. Tex. R. App. P. 8.3. All
motions and other documents pending or filed are abated subject to being reurged in the event the case is reinstated.
Tex. R. App. P. 8.2, 8.3. It is the parties' responsibility to immediately notify this Court once the automatic bankruptcy stay
is lifted.]
THE FOLLOWING PETITION FOR REVIEW IS STRUCK PURSUANT TO TEXAS RULE OF APPELLATE
PROCEDURE 9.4(i):
08-0464
GERARD ALAN WITTE v. CYNTHIA GRACE WITTE; from Harris County; 14th district
(14-05-00768-CV, ___ SW3d ___, 02-21-08)
(divorce division of property, mischaraterization of assets, reimbursement claim against community)
The Court strikes the petition for review with the following notations: "The petition violates Texas Rules of Appellate
Procedure 5, 9.3(b), 9.4(f), (g), 9.5(e), 53.2(d)(4-9), (e), (k) and 53.6 and is struck. Petitioner is ordered to redraw; the
redrawn petition is due to be filed September 2, 2008."
THE FOLLOWING PETITION FOR REVIEW IS DISMISSED:
08-0435
HOCHHEIM PRAIRIE CASUALTY INSURANCE COMPANY v. CHARLES APPLEBY, AS EXECUTOR OF THE ESTATE OF
STEPHEN D. SEFFEL, DECEASED; from Bexar County; 4th district (04-07-00028-CV, 255 SW3d 146, 01-16-08)
(insurance law, litigation, potential coverage, duty to defend)
(Hochheim did not bear its burden of proving that the allegations contained in the underlying petition are excluded from
coverage; therefore, we affirm the trial court's summary judgment in favor of Appleby.)
joint motion to dismiss petition for review granted (insurance law, duty to defend, potential coverage)
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
07-0838
PETRO PRO, LTD., A TEXAS LIMITED PARTNERSHIP, AND L & R ENERGY CORPORATION v. NANCY WILSON
BRISCOE, JUDITH BROCK SEITZ, AND CAROLYN ROGERS, UPLAND RESOURCES, INC., KCS RESOURCES, INC.,
GREAT LAKES ENERGY PARTNERS, L.L.C. AND STEVE ZEMKOSKI; from Roberts County; 7th district
(07-05-00327-CV, ___ SW3d ___, 06-14-07) (oil and gas law)
08-0128
IN THE MATTER OF THE ESTATE OF ROSEZELLER WILLICH, DECEASED; from Henderson County; 12th district
(12-06-00409-CV, ___ SW3d ___, 12-21-07) (probate)
08-0266
LEE, WAI-LING v. PALACIOS, ROSE MARIE; from Harris County; 14th district
(14-06-00428-CV, ___ SW3d ___, 10-11-07)
MISCELLANEOUS
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
08-0578
IN RE WENDELL WATSON; from Panola County; 6th district
(06-08-00059-CV, ___ SW3d ___, 06-12-08) as amended
Orders Pronounced August 20, 2008
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
08-0649
IN RE DAPHNE SCARBROUGH; from Harris County; 1st district
(01-08-00554-CV, ___ SW3d ___, 08-13-08)
motion for temporary relief denied
motion to expedite to protect appellate jurisdiction denied
08-0659
IN RE LORI ANNE TIERI; from Smith County; 12th district
(12-07-00472-CV, ___ SW3d ___, 08-13-08)
emergency motion to stay denied
Orders Pronounced August 19, 2008
MISCELLANEOUS
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED
WITHOUT PREJUDICE:
08-0651
IN RE KIM BRIMER; from Tarrant County; 2nd district
motion for emergency relief and to accelerate the disposition of this original proceeding denied
Orders Pronounced August 15, 2008
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
07-1061
FORT BEND COUNTY, TEXAS v. THE BURLINGTON NORTHERN AND SANTA FE
RAILWAY COMPANY; from Fort Bend County; 14th district
(14-05-01106-CV, 237 SW3d 355, 06-21-07) (Justice O'Neill not sitting)
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)
08-0106
ROBERT F. GREEN v. FORT BEND ISD; from Fort Bend County; 1st district
(01-06-01157-CV, ___ SW3d ___, 12-20-07)
08-0212
THE ESTATE OF STEPHEN ELLIS ALEXANDER; from McLennan County; 10th district
(10-06-00360-CV, 250 SW3d 461, 01-30-08)
08-0242
UNITED PLAZA-MIDLAND L.L.C. v. FIRST SERVICE AIRCONDITIONING CONTRACTORS, INC; from Midland County; 11th
district (11-05-00382-CV, ___ SW3d ___, 12-20-07)
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 SW3d 148, 10-17-07)
08-0304
ASPRI INVESTMENTS, L.L.C. v. AHMED AFEEF, MARYAM BEGUM AFEEF AND ENM FOOD MART, INC.; from Bexar
County; 4th district (04-07-00249-CV, ___ SW3d ___, 02-20-08)
08-0310
MICHAEL M. MCAFEE v. RICK FOSTER, ET AL.; from Cooke County; 2nd district (02-07-00080-CV, ___ SW3d ___, 02-
07-08)
08-0350
STEPHANIE DUKES, ET AL. v. PHILIP JOHNSON/ALAN RITCHIE ARCHITECTS, P.C., ET AL.; from Tarrant County; 2nd
district (02-07-00095-CV, 252 SW3d 586, 03-27-08)
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE
DENIED:
06-0652
IN RE FRANK SHEPPARD, M.D., JAIME GOMEZ, M.D., AND EL PASO COLON AND RECTAL CLINIC; from El Paso County;
8th district (08-05-00407-CV, 197 SW3d 798, 03-30-06)
08-0360
IN RE CHRISTOPHER JOHNSON; from Denton County
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
08-0449
IN RE RAFFAELE M. PANDOZY, PH.D.; from Dallas County; 6th district
(06-07-00114-CV, 254 SW3d 596, 04-30-08)
as redrafted
08-0540
IN RE DAVID SCOT LYND; from Denton County; 2nd district (02-08-00077-CV, ___ SW3d ___, 06-26-08)
Orders Pronounced August 13, 2008
ORDERS ON CAUSES
THE FOLLOWING CAUSES ARE SET FOR SUBMISSION:
05-0801
S. MURTHY BADIGA, M.D. v. MARICRUZ LOPEZ; from Hidalgo County; 13th district
(13-04-00452-CV, ___ SW3d ___, 07-07-05)
[Note: This cause has been set for oral argument at 9:00 a.m., September 9, 2008.]
Time allotted to argue: 20/20 minutes
06-0948
CITY OF PASADENA, TEXAS v. RICHARD SMITH; from Harris County; 1st district
(01-05-01157-CV, ___ SW3d ___, 09-14-06)
[Note: This cause has been set for oral argument at 9:00 a.m., September 10, 2008.] Time allotted to argue: 20/20 minutes
07-0043
DYNEGY MIDSTREAM SERVICES, LIMITED PARTNERSHIP AND VERSADO GAS PROCESSORS, LLC v. APACHE
CORPORATION; from Harris County; 14th district (14-05-00010-CV, 214 SW3d 554, 12-07-06)
2 petitions
[Note: This cause has been set for oral argument at 9:00 a.m., September 9, 2008.] Time allotted to argue: 20/20 minutes
07-0131
JOHN CHRISTOPHER FRANKA, M.D. AND NAGAKRISHNA REDDY, M.D. v. STACEY VELASQUEZ AND SARAGOSA
ALANIZ, BOTH INDIVIDUALLY AND AS NEXT FRIENDS OF THEIR MINOR CHILD, SARAGOSA MARIO ALANIZ; from Bexar
County; 4th district (04-06-00190-CV, 216 SW3d 409, 09-06-06)
[Note: This cause has been set for oral argument at 9:00 a.m., September 10, 2008.] Time allotted to argue: 20/20 minutes
07-0419
IN RE LABATT FOOD SERVICE, L.P.; from Bexar County; 4th district
(04-07-00312-CV, ___ SW3d ___, 05-16-07)
[Note: This cause has been set for oral argument at 9:00 a.m., September 9, 2008.] Time allotted to argue: 20/20 minutes
07-0599
RETAMCO OPERATING, INC. v. REPUBLIC DRILLING COMPANY; from Bexar County; 4th district (04-06-00727-CV, ___
SW3d ___, 03-28-07)
[Note: This cause has been set for oral argument at 9:00 a.m., September 11, 2008.] Time allotted to argue: 20/20 minutes
07-0697
PAUL H. SMITH, ET AL. v. THOMAS O'DONNELL, EXECUTOR OF THE ESTATE OF CORWIN DENNEY; from Bexar
County; 4th district (04-04-00108-CV, 234 SW3d 135, 07-25-07)
2 petitions
[Note: This cause has been set for oral argument at 9:00 a.m., September 10, 2008.] Time allotted to argue: 20/20 minutes
07-0783
IRVING W. MARKS v. ST. LUKE'S EPISCOPAL HOSPITAL; from Harris County; 1st district (01-04-00228-CV, 229 SW3d
396, 05-03-07)
[Note: This cause has been set for oral argument at 9:00 a.m., September 11, 2008.] Time allotted to argue: 20/20 minute
07-0787
SPECTRUM HEALTHCARE RESOURCES, INC., AND MICHAEL SIMS v. JANICE MCDANIEL AND PATRICK MCDANIEL;
from Bexar County; 4th district
(04-06-00185-CV, 238 SW3d 788, 08-22-07)
[Note: This cause has been set for oral argument at 9:00 a.m., September 11, 2008.] Time allotted to argue: 20/20 minute
MISCELLANEOUS
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
08-0630
IN RE MISTY DAWN MEIER; from Denton County; 2nd district (02-08-00316-CV, ___ SW3d ___, 08-01-08)
relator's motion for temporary relief denied
A STAY IS ISSUED IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS:
08-0633
IN RE BEIRNE, MAYNARD & PARSONS, L.L.P.; from Harrison County; 6th district
(06-08-00062-CV, ___ SW3d ___, 07-18-08)
agreed motion for expedited temporary relief to stay granted
stay order issued
requested response due by 3:00 p.m., August 25, 2008
[Note: The petition for writ of mandamus remains pending before this Court.]
Orders Pronounced August 12, 2008
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITION FOR REVIEW [Mandamus] IS DENIED:
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)
petition for review, being treated as a petition for writ of mandamus, denied
Orders Pronounced August 11, 2008
MISCELLANEOUS
A STAY IS ISSUED IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS:
08-0585
IN RE IESI TX CORPORATION; from Dallas County; 5th district (05-08-00868-CV, ___ SW3d ___, 07-14-08)
motion for temporary relief granted
stay order issued
ORDERS PRONOUNCED AUGUST 8, 2008
THE FOLLOWING PETITION FOR REVIEW IS
STRUCK PURSUANT TO TEXAS RULE OF
APPELLATE PROCEDURE 9.4(i):
08-0516
CHARLES BARNES v. CITY OF ARLINGTON; from Tarrant County; 2nd district
(02-07-00249-CV, ___ SW3d ___, 07-31-08) (TTCA officer found not reckless, jurisdictional dismissal)
The Court strikes the petition for review with the following notations: "The petition violates Texas Rules of Appellate
Procedure 9.4(d) and (g) and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed August 18,
2008."
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
07-0362 TRUCKLOAD FIREWORKS, INC. v. WILLIAM C. MORROW, JIMMY SMITH, MIKE BRADFORD, JULIUS BROOKS
AND RANDY PRUDE; from Midland County; 11th district (11-06-00197-CV, 230 SW3d 232, 03-22-07)
07-0439 JORGE MIRANDA, M.D. v. GUADALUPE ADRIANA MARTINEZ, BRYAN POWERS, AND LEMUEL LOPEZ; from
Hidalgo County; 13th district (13-06-00386-CV, ___ SW3d ___, 03-08-07)
07-0842 VICTOR HADDAD, M.D. v. CESAR MARROQUIN AND OLGA BROWN; from Hidalgo County; 13th district
(13-07-00014-CV, ___ SW3d ___, 08-29-07)
08-0282 THE KITTEN FAMILY LIVING TRUST AND JERRY KITTEN v. SOUTH PLAINS LAMESA RAILROAD, LTD. AND
LARRY DALE WISENER; from Lubbock County; 7th district (07-06-00209-CV, ___ SW3d ___, 01-28-08)
ORDER ISSUED AUGUST 7, 2008
MISCELLANEOUS
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
08-0606 IN RE BLAKE MIRAGLIA AND GARY VANIER; from Tarrant County; 2nd district
(02-08-00292-CV, ___ SW3d ___, 07-23-08)
motion for temporary relief denied
(Justice Johnson not sitting)
AUGUST 1, 2008 ORDERS
THE FOLLOWING PETITION FOR REVIEW IS STRUCK PURSUANT TO
TEXAS RULE OF APPELLATE PROCEDURE 9.4(i):
08-0301 ALLEN LANDERMAN v. STATE BAR OF TEXAS ; from Collin County;
5th district (05-07-00332-CV, 247 SW3d 426, 03-05-08)
The Court strikes the petition for review with the following notations: "The petition violates Texas Rules of Appellate
Procedure 53.6 and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed August 11, 2008."
(CoA: "Appellant appeals the trial court's denial of his petition for reinstatement as an attorney licensed to practice law in
Texas, challenging in four issues the trial court's findings of fact and conclusions of law and contending in two issues the
trial court erred in asking questions of witnesses after the close of evidence and in denying appellant's motion for new
trial. We affirm the trial court's judgment.")
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
07-1038 ALINDA FRANCINE CARTER-THOMAS v. RICKY LYNN SULLIVAN; from Collin County; 5th district
(05-06-00990-CV, ___ SW3d ___, 11-06-07)
08-0139 MARYLAND CASUALTY COMPANY, NATIONAL STANDARD INSURANCE COMPANY, AND MARYLAND LLOYDS
v. SOUTH TEXAS MEDICAL CLINICS, P.A.; from Wharton County; 13th district (13-06-00089-CV, ___ SW3d ___, 01-10-
08)
08-0193 ARTHUR E. JACKSON AND JUDITH A. JACKSON v. HANCOCK & CANADA LLP, KENT CANADA, AND REUBEN
L. HANCOCK; from Randall County; 7th district (07-06-00351-CV, 245 SW3d 51, 12-19-07)
08-0296 MIRNA ACOSTA, INDIVIDUALLY AND AS NEXT FRIEND, NATURAL PARENT, AND LEGAL GUARDIAN OF DENIS
ACOSTA, A MINOR v. MEMORIAL HERMANN HOSPITAL SYSTEM, MEMORIAL HERMANN HOSPITAL SYSTEM D/B/A
MEMORIAL HERMANN SOUTHWEST HOSPITAL AND GREATER HOUSTON ANESTHESIOLOGY, P.A.; from Harris
County; 14th district (14-07-00001-CV, ___ SW3d ___, 01-22-08)
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
08-0503 IN RE MARIO JUAREZ; from El Paso County; 8th district (08-06-00308-CV, ___ SW3d ___, 06-28-07)
08-0505 IN RE TRACY NIXON; from Dallas County
July 25, 2008 TEXAS SUPREME COURT ORDERS
THE FOLLOWING PETITION FOR REVIEW IS STRUCK
PURSUANT TO TEXAS RULE OF APPELLATE PROCEDURE 9.4(i):
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)
The Court strikes the petition for review with the following notations: "The petition violates Texas Rules of Appellate
Procedure 9.4(f), (h) and 53.6 and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed August
4, 2008."
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
08-0124 ROBERT LEE HOOD v. WAL-MART STORES, INC., ET AL.; from Dallas County; 5th district (05-05-01049-CV,
___ SW3d ___, 01-31-08)
08-0249 ROBIN G. WAKELAND v. GLORIA S. WAKELAND AND WILLIAM R. WAKELAND; from Bexar County; 4th district
(04-07-00332-CV, ___ SW3d ___, 02-13-08)
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
08-0313 IN RE DONALD D. WILLIS
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
08-0408 IN RE JOHN W. BANOS; from Polk County; 9th district (09-08-00134-CV, ___ SW3d ___, 04-24-08)
08-0476 IN RE TED LAWRENCE ROBERTSON; from Harris County
motion to subpoena transcript and/or reporter's record dismissed as moot
08-0488 IN RE JOHNNY AL HUNTER; from Travis County
08-0489 IN RE PROMENADE LOCK DOC, LLC; from Dallas County; 5th district (05-08-00660-CV, ___ SW3d ___, 06-04-
08)
July 18, 2008 ORDERS
THE FOLLOWING PETITIONS FOR REVIEW ARE WITHDRAWN:
07-0892
NEWTON B. SCHWARTZ, SR. AND LAW OFFICE OF NEWTON B. SCHWARTZ, SR. v. CYNTHIA SANFORD, NEIL
SANFORD AND PAULA WELCH; from Galveston County; 14th district (14-07-00371-CV, ___ SW3d ___, 07-26-07)
petitioner's motion to dismiss and withdraw petition for review granted
08-0446
CLINTON E. WOLF AND JOANN P. WOLF v. VINCENT B. ANDREAS, III AND MICHAEL L. ANDREAS; from El Paso County;
8th district (08-06-00297-CV, ___ SW3d ___, 04-24-08)
agreed motion to withdraw petition for review granted
THE FOLLOWING PETITION FOR REVIEW IS STRUCK PURSUANT TO TEXAS RULE OF APPELLATE PROCEDURE 9.4
(i):
08-0445
DALE HIGHTOWER, ET AL. v. BAYLOR UNIVERSITY MEDICAL CENTER, ET AL.; from Dallas County; 5th district
(05-07-00389-CV, 251 SW3d 218, 04-22-08)
The Court strikes the petition for review with the following notations: "The petition violates Texas Rules of Appellate
Procedure 53.2(k)(1)(A) and (C) and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed July
28, 2008."
ORDERS ON MOTIONS FOR REHEARING
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR REVIEW IS DENIED:
07-0574
WILLIAM LOWE, M.D. v. MARY HERNANDEZ; from Tarrant County; 2nd district
(02-06-00132-CV, ___ SW3d ___, 06-07-07)
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
08-0285
IN RE RICK BEARD; from Tarrant County
MISCELLANEOUS
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS WITHDRAWN:
01-0567
IN RE CAROLYN ABBOTT AND LORETTA ALCORN, ET AL.; from Galveston County; 1st district
(01-01-00357-CV, ___ SW3d ___, 05-10-01)
abatement order issued September 20, 2001, lifted
petition reinstated
relators' motion to withdraw the petition for writ of mandamus granted
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
08-0432
IN RE CYNTHIA R. FROST; from Smith County; 12th district (12-08-00154-CV, ___ SW3d ___, 05-21-08)
as redrafted
motion for stay, as supplemented, denied
08-0532
IN RE KENNETH FIELDS; from Montgomery County; 9th district (09-08-00193-CV, ___ SW3d ___, 06-12-08)
relator's motion for temporary relief to stay underlying proceedings denied
08-0537
IN RE ADAM E. SALAZAR, ET AL.; from Bexar County; 4th district (04-08-00022-CV, ___ SW3d ___, 07-16-08)
emergency relief requested denied
08-0553
IN RE IGNACIO VILLARREAL CANTÙ, FERNANDO VILLARREAL CANTÙ, AND CONSUELO VILLARREAL CANTÙ; from
Cameron County; 13th district (13-08-00408-CV)
emergency motion for temporary relief denied
petition for mandamus, or, in the alternative, habeas corpus or prohibition denied
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED:
02-0761
IN RE AMERICAN COMMERCIAL BARGE LINE, L.L.C., AMERICAN COMMERCIAL LINES, L.L.C., CSX CORPORATION,
NATIONAL MARINE INC., AND VECTURA GROUP; from Jefferson County; 9th district (09-02-00308-CV, ___ SW3d ___,
08-12-02)
abatement order issued May 1, 2003, lifted
petition reinstated
unopposed motion to dismiss, as amended, granted
Orders Pronounced July 17, 2008
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
08-0423
IN RE MARY JANE BARTON; from Randall County; 7th district (07-08-00123-CV, ___ SW3d ___, 04-30-08)
as redrafted
motion for emergency relief denied
July 11, 2008 ORDERS
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING
PETITIONS FOR REVIEW ARE DENIED:
08-1075 ROBERT S. BENNETT v. KELLY COGHLAN; from Harris County;
1st district (01-04-00104-CV, ___ SW3d ___, 08-16-07)
08-0196 ROMEO LONGORIA, ET AL. v. EXXONMOBIL CORPORATION, ET AL.; from Brooks County; 4th district
(04-06-00474-CV, ___ SW3d ___, 01-30-08)
(Justice O'Neill and Justice Green not sitting)
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
07-0339 DANIEL SMITH AND DARLENE BENTON, INDIVIDUALLY AND AS HEIR TO AND REPRESENTATIVES OF THE
ESTATES OF DOROTHY CAPPS, DECEASED AND KAREN CARLISLE, DECEASED v. SHAMROCK CARE CENTER, INC.
D/B/A HERITAGE OAKS WEST NURSING HOME; from Ellis County
notice of direct appeal, being treated as petition for writ of mandamus, denied
08-0273 IN RE MIKE R. ORTEGA; from Tarrant County; 2nd district (02-08-00082-CV, ___ SW3d ___, 03-10-08)
08-0377 IN RE BILLY HOLMES; from Harris County
08-0422 IN RE GEORGE C. EVANS; from Dallas County; 5th district (05-08-00231-CV, ___ SW3d ___, 03-14-08)
08-0438 IN RE HEIDI ORTUNO, INDIVIDUALLY AND AS NEXT FRIEND OF J.O., A MINOR CHILD; from Harris County; 14th
district (14-08-00227-CV, ___ SW3d ___, 05-06-08)
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED:
06-1041 IN RE AKIN GUMP STRAUSS HAUER & FELD, LLP, EDWARD J. FIELDS, JR. AND SPENCER B. YOUNG; from
Dallas County; 5th district (05-06-01226-CV, ___ SW3d ___, 10-16-06)
abatement order issued March 9, 2007, lifted
petition reinstated
joint motion to dismiss granted
JUNE 27, 2008 ORDERS
THE MOTION FOR REHEARING OF THE
FOLLOWING CAUSE IS DENIED:
07-0035
THAO CHAU AND HA DIEN DO, INDIVIDUALLY, AND ON BEHALF
OF THEIR MINOR CHILD, S.D.D. v. JEFFERSON RIDDLE, M.D. AND GREATER
HOUSTON ANESTHESIOLOGY, P.A.; from Harris County; 1st district
(01-04-00551-CV, 212 SW3d 699, 09-28-06)
THE FOLLOWING PETITION FOR REVIEW IS STRUCK PURSUANT TO TEXAS RULE OF
APPELLATE PROCEDURE 9.4(i):
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)
The Court strikes the petition for review with the following notations: "The petition violates Texas Rules of Appellate
Procedure 9.3(b) and 53.6 and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed July 7,
2008."
THE FOLLOWING PETITION FOR REVIEW IS DISMISSED AS MOOT:
07-0170
EDUCATION AND ECONOMIC DEVELOPMENT JOINT VENTURE, CORPORATION FOR EDUCATION AND ECONOMIC
DEVELOPMENT, AND REGIONAL EDUCATION AND ECONOMIC DEVELOPMENT CORPORATION v. BEXAR
METROPOLITAN WATER DISTRICT; from Bexar County; 4th district (04-06-00279-CV, 220 SW3d 25, 12-20-06)
joint motion to dismiss petition for review pursuant to settlement granted
petition dismissed as moot, pursuant to settlement
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE
DENIED:
07-0063
DARLETA ROCHELLE JOHNSON, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF BRAD F. JOHNSON,
SR., DECEASED, AND AS NEXT FRIEND OF BRAD JOHNSON, JR., JERELLE JOHNSON AND AMETHYST JOHNSON,
MINORS v. TRANSIT MIX CONCRETE & MATERIALS COMPANY AND TRINITY MATERIALS, INC.; from Jefferson County;
11th district (11-03-00300-CV, ___ SW3d ___,10-12-06)
07-0833
BRUCE WAYNE HOUSER v. PAULA S. FOY, ET AL.; from Jefferson County; 9th district (09-06-00257-CV, ___ SW3d ___,
05-24-07)
07-0961
PARADIGM OIL, INC., PACIFIC OPERATORS, INC., AND PACIFIC OPERATORS OF TEXAS, INC. v. RETAMCO
OPERATING, INC.; from Bexar County; 4th district (04-06-00108-CV, 242 SW3d 67, 08-29-07)
07-0995
HB TURBO, L.P. v. TURBONETICS ENGINEERING & SERVICES, INC.; from Nueces County; 13th district (13-06-00083-
CV, ___ SW3d ___, 06-07-07)
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
08-0203 IN RE EDWARD BRITT, DWIGHT JONES, DINA MICHELLE, KENT SZABO, AND KRISTY LYNCH; from Harris
County; 14th district (14-07-00460-CV, 247 SW3d 349, 01-29-08)
08-0256 IN RE STONEBURNER-VERRET ELECTRIC COMPANY; from Jefferson County; 9th district
(09-07-00563-CV, 248 SW3d 769, 02-21-08)
motion for emergency stay denied
08-0360 IN RE CHRISTOPHER JOHNSON; from Denton County
as supplemented
08-0367 IN RE MARSHALL WELLS
08-0507 IN RE C.F. JORDAN COMMERCIAL, L.P.; from Hidalgo County; 13th district (13-08-00372-CV, ___ SW3d ___,
06-20-08)
relator's motion for emergency stay denied
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED:
08-0388
IN RE KB HOME, KB HOME LONESTAR, L.P. AND KB HOME SAN ANTONIO; from Bexar County; 4th district
(04-08-00223-CV, ___ SW3d ___, 04-23-08)
agreed motion to dismiss petition for writ of mandamus granted
June 17, 2008 Orders
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITION FOR REVIEW IS WITHDRAWN:
07-0817
BNSF RAILWAY COMPANY, F/K/A THE BURLINGTON NORTHERN AND
SANTA FE RAILWAY COMPANY v. GUNDERSON, INC. AND ASF-KEYSTONE, INC.;
from Tarrant County; 2nd district (02-06-00274-CV, 235 SW3d 287, 08-24-07)
petitioner's unopposed motion to withdraw petition for review granted
June 16, 2008 Order
MISCELLANEOUS
THE FOLLOWING CASE IS REINSTATED:
07-0457
LINDA THOMAS, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DAMON HOLLIMON,
DECEASED AND ASHLEY DOMINQUE HOLLIMON, INDIVIDUALLY v. INSTITUTIONAL DIVISION OF THE TEXAS
DEPARTMENT OF CRIMINAL JUSTICE AND GLENDA PIERSON; from Walker County; 1st district
(01-04-01084-CV, ___ SW3d ___, 04-19-07)
abatement order issued March 5, 2008, lifted
motion to amend petition for review granted
petition reinstated as amended
June 13, 2008 Orders
THE FOLLOWING CAUSE IS DISMISSED:
07-0655 CITY OF LUBBOCK v. GRACE NUNEZ AND JUAN NUNEZ, INDIVIDUALLY
AND AS REPRESENTATIVES OF THE ESTATE OF JOHN NUNEZ, III AND LISA
HERNANDEZ; from Lubbock County; 7th district (07-07-00007-CV, ___ SW3d ___,
05-30-07) joint motion to dismiss appeal granted
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS SET FOR ORAL ARGUMENT:
07-0322 IN RE JAMES ALLEN HALL; from Bexar County; 4th district (04-07-00050-CV, ___ SW3d ___, 02-14-07)
[Note: The date and time for oral argument are yet to be determined.]
THE FOLLOWING PETITION FOR REVIEW IS STRUCK PURSUANT TO TEXAS RULE OF
APPELLATE PROCEDURE 9.4(i):
08-0440 ELISABETH S. BROCKIE v. BRIAN L. WEBB AND WEBB & ACKELS, P.C.; from Dallas County; 5th district
(05-06-01711-CV, 244 SW3d 905, 02-11-08)
motion for leave to exceed page limits denied
The Court strikes the petition for review with the following notations: "The petition violates Texas Rules of Appellate
Procedure 53.6 and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed June 23, 2008."
THE FOLLOWING PETITION FOR REVIEW IS DISMISSED AS MOOT:
07-0362 TRUCKLOAD FIREWORKS, INC. v. WILLIAM C. MORROW, JIMMY SMITH, MIKE BRADFORD, JULIUS BROOKS
AND RANDY PRUDE; from Midland County; 11th district (11-06-00197-CV, 230 SW3d 232, 03-22-07)
ORDERS ON MOTIONS FOR REHEARING
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR REVIEW IS DENIED:
07-0997
JESUS IBARRA v. PEGGY NICHOLES, LESA NICHOLES AND SALON N.V. AND DAY SPA, INC.; from Harris County; 1st
district (01-06-00762-CV, ___ SW3d ___, 08-02-07)
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF
MANDAMUS IS DENIED:
08-0321
IN RE STEVEN WAYNE BELL, SR.; from Denton County; 2nd district (02-08-00128-CV, ___ SW3d ___, 04-21-08)
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
08-0211 IN RE WILLIAMS GAS PROCESSING COMPANY, N/K/A WILLIAMS FIELD SERVICES COMPANY, LLC; from
Harris County; 14th district (14-07-01026-CV, ___ SW3d ___, 01-31-08)
08-0294 IN RE ROBERT HOLEMAN TWIST AND STEPHEN T. LEAS; from Hidalgo County; 13th district (13-07-00105-CV,
248 SW3d 351, 12-05-07)
08-0409 IN RE ADVENTIST HEALTH SYSTEMS/SUNBELT, INC. D/B/A HUGULEY MEMORIAL MEDICAL CENTER; from
Dallas County; 5th district (05-08-00657-CV, ___ SW3d ___, 05-23-08)
relator's motion for emergency stay denied
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED:
08-0369 IN RE FEDEX GROUND PACKAGE SYSTEM, INC.; from Travis County; 3rd district (03-08-00240-CV, ___ SW3d
___, 05-07-08) relator's motion to dismiss granted
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE STRUCK PURSUANT TO
TEXAS RULE OF APPELLATE PROCEDURE 9.4(i):
08-0423 IN RE MARY JANE BARTON; from Randall County; 7th district (07-08-00123-CV, ___ SW3d ___, 04-30-08)
motion for leave to file mandamus in excess of page limit denied
The Court strikes the petition for review with the following notation: "The petition violates Texas Rules of Appellate
Procedure 52.6 and is struck."
08-0432 IN RE CYNTHIA R. FROST; from Smith County; 12th district (12-08-00154-CV, ___ SW3d ___, 05-21-08)
The Court strikes the petition for review with the following notation: "The petition violates Texas Rules of Appellate
Procedure 52.6 and is struck."
Orders Pronounced June 11, 2008
THE ABATEMENT ORDER IS EXTENDED IN THE FOLLOWING PETITION FOR REVIEW:
07-0457 LINDA THOMAS, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DAMON
HOLLIMON, DECEASED AND ASHLEY DOMINQUE HOLLIMON, INDIVIDUALLY v. INSTITUTIONAL DIVISION OF THE
TEXAS DEPARTMENT OF CRIMINAL JUSTICE AND GLENDA PIERSON; from Walker County; 1st district
(01-04-01084-CV, ___ SW3d ___, 04-19-07)
[Note: The abatement order issued March 5, 2008 is extended to June 16, 2008, by which time the parties must file either
a status report or a motion to dismiss.]
JUNE 6, 2008 ORDERS
THE FOLLOWING CAUSE IS DISMISSED AS MOOT:
08-0289
IN RE CITIGROUP GLOBAL MARKETS, INC., ET AL.; from Bexar County; 4th district (04-08-00261-CV, ___ S.W.3d ___,
04-16-08) abatement order issued May 15, 2008, lifted; petition reinstated
unopposed motion to dismiss petition for writ of mandamus and emergency motion for temporary relief as moot, granted
(Justice G. Alan Waldrop and Judge Randall W. Wilson sitting by commission pursuant to section 22.005 of the Texas
Government Code) (Chief Justice Jefferson and Justice Wainwright not sitting)
THE MOTION FOR REHEARING OF THE FOLLOWING CAUSE IS DENIED:
06-0005 IN THE MATTER OF H.V.; from Tarrant County; 2nd district (02-04-00029-CV, 179 S.W.3d 746, 11-17-05)
THE FOLLOWING PETITIONS FOR REVIEW ARE DISMISSED:
06-0365 CITGO REFINING AND MARKETING, INC., AND CITGO PETROLEUM CORPORATION v. AMELIA GARZA; from
Nueces County; 13th district (13-03-00267-CV, 187 SW3d 45, 03-23-06)
2 petitions
petitions reinstated
abatement order issued May 11, 2007, lifted
joint motion to dismiss granted
(Justice O'Neill not sitting)
THE FOLLOWING PETITION FOR REVIEW IS DISMISSED FOR WANT OF JURISDICTION:
08-0014 OMDA OIL & GAS, INC. v. ARTHUR J. PORCARI; from Dallas County; 5th district
(05-07-00390-CV, ___ SW3d ___, 10-23-07)
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE
DENIED:
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)
07-0820
PETER J. PARENTI v. KINSEY MOBERG; from Bexar County; 4th district (04-06-00497-CV, ___ SW3d ___, 05-30-07)
07-0978
SHEILA MIGUEZ v. SHIRLEY BROWN, PERSONAL REPRESENTATIVE OF THE ESTATE OF GENEVIEVE CIONEK,
DECEASED; from Hardin County; 9th district (09-06-00256-CV, ___ SW3d ___, 10-04-07)
08-0044
LEROY HAYES JR. v. WELLS FARGO BANK, N.A.; from Harris County; 1st district (01-06-00720-CV, ___ SW3d ___, 10-
18-07) (Justice Johnson not sitting)
08-0056
MICHAEL WHITMIRE v. GREENRIDGE PLACE APARTMENTS; from Harris County; 1st district (01-06-00963-CV, ___
SW3d ___, 10-04-07)
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF
MANDAMUS IS DENIED:
08-0137
IN RE EDWARD B. LYON, JR.; from Bowie County; 6th district (06-05-00142-CV, ___ SW3d ___, 02-22-06)
as supplemented
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
05-0784 IN RE ENRIQUE BENAVIDES, JR., M.D.; from Webb County; 4th district
(04-05-00592-CV, 180 SW3d 211, 09-07-05) (Justice Green not sitting)
05-0817 IN RE SAMUEL DREW TEMPLE, M.D.; from Lamar County; 6th district
(06-04-00099-CV, ___ SW3d ___, 10-15-04) (Justice Hecht not sitting)
05-0826 IN RE ROBERT O. ZIMMERMAN, M.D.; from Lamar County; 6th district
(06-04-00095-CV, ___ SW3d ___, 10-15-04) (Justice Hecht not sitting)
07-0911 IN RE LUIS ALONZO ALVAREZ; from Harris County; 1st district
(01-07-00569-CV, ___ SW3d ___, 10-29-07)
07-0913 IN RE SSP PARTNERS D/B/A CIRCLE K AND JOSIE ALMAGUER; from Nueces County; 13th district
(13-07-00291-CV, 241 SW3d 162, 10-11-07)
07-0946 IN RE MILLENNIUM JAGUAR OF TEXAS, INC. & MILLENNIUM LUXURY IMPORTS OF DALLAS, L.L.C.; from
Dallas County; 5th district (05-07-00574-CV, 230 SW3d 811, 07-11-07) (Justice Hecht not sitting)
08-0285 IN RE RICK BEARD; from Tarrant County
as supplemented
08-0313 IN RE DONALD D. WILLIS
08-0331 IN RE DONALD MOODY, SR.; from Jefferson County; 9th district (09-07-00064-CV, ___ SW3d ___, 02-15-07)
as supplemented
08-0334 IN RE ROBERT LEE HOOD; from Dallas County; 5th district (05-05-01049-CV, ___ SW3d ___, 01-31-08)
08-0341 IN RE TEXAS ENTERTAINMENT ASSOCIATION, INC. AND KARPOD, INC.; from Travis County; 3rd district motion
for emergency temporary relief denied
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED:
08-0221
IN RE CONGLOMERATE GAS II, L.P.; from Tarrant County; 2nd district (02-08-00086-CV, ___ SW3d ___, 03-10-08)
agreed motion to dismiss granted
MAY 30, 2008 ORDERS
THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:
04-0431 PR INVESTMENTS AND SPECIALTY RETAILERS, INC. v. THE STATE OF TEXAS; from Harris County; 14th
district (14-00-00091-CV, 180 S.W.3d 654, 10-13-05) 2 motions for rehearing
05-0835 BIC PEN CORPORATION v. JANACE M. CARTER, AS NEXT FRIEND OF BRITTANY CARTER; from Matagorda
County; 13th district (13-03-00560-CV, 171 S.W.3d 657, 08-18-05) (Justice Green not sitting)
06-0322 OWENS & MINOR, INC. AND OWENS & MINOR MEDICAL, INC. v. ANSELL HEALTHCARE PRODUCTS, INC. AND
BECTON, DICKINSON AND COMPANY
06-0386 ANSELL HEALTHCARE PRODUCTS, INC. AND BECTON, DICKINSON AND COMPANY v. OWENS & MINOR, INC.
AND OWENS & MINOR MEDICAL, INC.; from Bowie County; 6th district (06-04-00136-CV, 189 S.W.3d 889, 03-31-06)
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
07-0111 T H INVESTMENTS, INC. v. KIRBY INLAND MARINE, L.P. AND PORT OF HOUSTON AUTHORITY OF HARRIS
COUNTY, TEXAS; from Harris County; 14th district (14-05-00204-CV, 218 SW3d 173, 02-01-07)
07-0117 STATE STREET BANK AND TRUST COMPANY v. TEXAS SOUTHERN UNIVERSITY; from Harris County; 1st
district (01-05-00758-CV, 212 SW3d 893, 01-11-07) (Justice O'Neill not sitting)
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED WITHOUT
PREJUDICE:
06-0098 IN RE MCALLEN MEDICAL CENTER; from Starr County
See Tex. R. App. P. 52.3(e)
06-0105 IN RE STARR COUNTY MEMORIAL DISTRICT D/B/A STARR COUNTY MEMORIAL HOSPITAL; from Starr County
See Tex. R. App. P. 52.3(e)
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
06-0652 IN RE FRANK SHEPPARD, M.D., JAIME GOMEZ, M.D., AND EL PASO COLON AND RECTAL CLINIC; from El
Paso County; 8th district (08-05-00407-CV, 197 SW3d 798, 03-30-06)
07-0296 IN RE CLINICA SANTA MARIA; from Cameron County; 13th district
(13-06-00256-CV, ___ SW3d ___, 03-06-07)
07-0868 IN RE SUN FLYNN, LP AND 1972 PROPERTIES, INC.; from Bexar County; 4th district (04-07-00596-CV, ___
SW3d ___, 09-05-07)
08-0346 IN RE H.E. BUTT GROCERY CO.; from Cameron County; 13th district
(13-08-00069-CV, ___ SW3d ___, 05-05-08)
emergency motion for immediate temporary relief denied
Orders Released May 23, 2008
ORDERS ON MOTIONS FOR REHEARING
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR REVIEW IS
DISMISSED:
08-0001 JOHN OCIE ROBERTS v. ELEANOR CARTE, ESTATE OF A.C. CARTE, BY AND THROUGH ITS EXECUTRIX,
CELESTE BOWMAN AND JAVIER GONZALEZ; from Cameron County; 13th district
(13-04-00566-CV, ___ S.W.3d ___, 11-15-07)
motion for extension of time to file motion for rehearing denied
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW
ARE DENIED:
07-0722 MCALESTER FUEL COMPANY v. SMITH INTERNATIONAL, INC.; from Harris County; 1st district
(01-05-00468-CV, ___ S.W.3d ___, 07-26-07)
07-0923 LANDRY'S SEAFOOD HOUSE-ADDISON, INC., ET AL. v. DARYL N. SNADON; from Dallas County; 5th district
(05-05-01577-CV, 233 S.W.3d 430, 07-13-07)
07-0949 DALLAS COUNTY, TEXAS v. FLORECE COUTEE, ET AL.; from Dallas County; 5th district
(05-06-01695-CV, 233 S.W.3d 542, 08-28-07)
07-0989 FRANK CORNISH IV AND ROBIN CORNISH v. WASHINGTON MUTUAL BANK F.A. AND WELLS FARGO BANK,
TEXAS; from Tarrant County; 2nd district (02-06-00400-CV, ___ S.W.3d ___, 08-09-07)
MISCELLANEOUS
THE FOLLOWING CASE IS 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, ___ S.W.3d ___, 04-12-07)
abatement order issued March 14, 2008, lifted, joint motion to reinstate granted, petition reinstated
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
08-0340 IN RE THE SHED, LLC AND MARY ELLEN MALONE; from Van Zandt County; 12th district
motion for emergency stay denied
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED:
08-0257 IN RE SERVICE CORPORATION INTERNATIONAL AND SCI TEXAS FUNERAL SERVICES, INC.; from Cameron
County; 13th district (13-08-00029-CV, ___ S.W.3d ___, 03-03-08)
motion to dismiss mandamus petition granted
motion for emergency relief dismissed as moot
Orders Pronounced May 19, 2008
MISCELLANEOUS
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED WITHOUT PREJUDICE:
08-0372 IN RE VANESSA CAHILL
See Tex. R. App. P. 52.3(e)
Orders Pronounced May 16, 2008
THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:
06-0952 IN RE EDUARDO "WALO" GRACIA BAZAN; from Hidalgo County; 13th district (13-06-00616-CR, ___ S.W.3d
___, 11-01-06)
06-1044 GENEVIA BUSHNELL AND DEWARD RAYMOND (D.R.) BUSHNELL v. JANET MOTT; from Gillespie County; 4th
district (04-05-00846-CV, ___ S.W.3d ___, 09-13-06)
petitioner's motion to modify judgment granted
judgment issued March 28, 2008, withdrawn
corrected judgment issued
07-0035 THAO CHAU AND HA DIEN DO, INDIVIDUALLY, AND ON BEHALF OF THEIR MINOR CHILD, S.D.D. v.
JEFFERSON RIDDLE, M.D. AND GREATER HOUSTON ANESTHESIOLOGY, P.A.; from Harris County; 1st district (01-
0400551-CV, 212 S.W.3d 699, 09-28-06)
The Court's opinion of February 15, 2008 is withdrawn and the opinion of this date is substituted.
07-0084 HELEN O'NEAL v. ECTOR COUNTY INDEPENDENT SCHOOL DISTRICT; from Travis County; 11th district (11-
06-00013-CV, 221 S.W.3d 286, 11-09-06)
07-0321 ANA MARIA TARQUIS ALFONSO v. MICHAEL SKADDEN; from Harris County; 14th district
(14-05-00489-CV&14-05-00488-CV, ___ S.W.3d ___, 03-06-07)
ORDERS ON CASES GRANTED
THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
07-0697 PAUL H. SMITH, ET AL. v. THOMAS O'DONNELL, EXECUTOR OF THE ESTATE OF CORWIN DENNEY; from
Harris County; 4th district (04-04-00108-CV, 234 S.W.3d 135, 07-25-07)
2 petitions [Note: The date and time for oral argument are yet to be determined.]
07-0783 IRVING W. MARKS v. ST. LUKE'S EPISCOPAL HOSPITAL; from Harris County; 1st district (01-04-00228-CV,
229 S.W.3d 396, 05-03-07) [Note: The date and time for oral argument are yet to be determined.]
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS SET FOR ORAL ARGUMENT:
07-0665 IN RE MORGAN STANLEY & CO. INCORPORATED, SUCCESSOR TO MORGAN STANLEY DW, INC.; from
Dallas County; 5th district (05-07-00590-CV, ___ S.W.3d ___, 07-17-07)
[Note: The date and time for oral argument are yet to be determined.]
THE FOLLOWING PETITION FOR REVIEW IS DISMISSED FOR WANT OF JURISDICTION:
08-0177 WILLIAM FRANCIS HARRIS v. ANTOINETTE RICHARDSON WINSTON, AS GUARDIAN OF THE PERSON AND
ESTATE OF J.B.H.; from Galveston County; 1st district (01-05-00962-CV, ___ SW3d ___, 05-24-07)
ORDERS ON MOTIONS FOR REHEARING
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR REVIEW IS GRANTED:
06-0948 CITY OF PASADENA, TEXAS v. RICHARD SMITH; from Harris County; 1st district
(01-05-01157-CV, ___ S.W.3d ___, 09-14-06)
denial of petition for review on December 7, 2007, withdrawn
[Note: The date and time for oral argument are yet to be determined.]
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
06-1015 PLAYBOY ENTERPRISES, INC. v. EDITORIAL CABALLERO, S.A. DE C.V. AND GRUPO SIETE INTERNATIONAL,
INC.; from Hidalgo County; 13th district (13-03-00048-CV, ___ SW3d ___, 05-25-06)
06-1119 WILLIAM J. HIX v. WILLIAM CARROLL ROBERTSON, ET AL.; from Coryell County; 10th district
(10-05-00214-CV, 211 SW3d 423, 11-29-06)
07-0016 WARRANTECH CORPORATION AND WARRANTECH CONSUMER PRODUCT SERVICES, INC. v. STEADFAST
INSURANCE COMPANY; from Tarrant County; 2nd district (02-05-00351-CV, 210 SW3d 760, 11-30-06)
07-0083 THOMAS EARL GAINOUS v. BRENDA JOYCE GAINOUS; from Harris County; 1st district (01-04-00427-CV, 219
SW3d 97, 12-21-06)
07-0793 MARTHA MARIA MARTINEZ, M.D. v. LARRY MARTINEZ AND SUSIE STEPHANIE CAMPOS; from Cameron
County; 13th district (13-05-00736-CV, ___ SW3d ___, 08-16-07)
07-0826 MARY LOU WILCOX AND MICHAEL ROSCOM v. JOHN T. MARRIOTT AND REBECCA MARRIOTT; from
Montgomery County; 9th district (09-05-00469-CV, 230 SW3d 266, 07-12-07)
07-0922 EOG RESOURCES, INC. v. KILLAM OIL CO., LTD. AND HURD ENTERPRISES, LTD.; from Webb County; 4th
district (04-06-00794-CV, 239 SW3d 293, 08-08-07)
07-1004 GARY BOLEN, INDIVIDUALLY, AND PHARAOH OIL & GAS, INC. v. IMPERIAL PETROLEUM, INC.; from -Midland
County; 11th district (11-06-00018-CV, ___ SW3d ___, 07-12-07)
07-1035 BEATRICE LINK AND HELEN HUEY, IN THEIR INDIVIDUAL CAPACITIES v. ASPENWOOD APARTMENT
CORPORATION AND JACK YETIV; from Harris County; 1st district (01-05-00555-CV, ___ SW3d ___, 09-27-07)
(Justice Hecht not sitting)
07-1049 H & H SAND AND GRAVEL, INC. v. THE CITY OF CORPUS CHRISTI; from Nueces County; 13th district
(13-06-00677-CV, ___ SW3d ___, 11‑08‑07)
08-0022 YIGAL BOSCH v. PROVIDENT AMERICAN LIFE AND HEALTH INSURANCE COMPANY; from Harris County; 14th
district (14-06-00694-CV, ___ SW3d ___, 10-25-07)
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS
DENIED:
07-0920 IN RE CELIOUS BARNER, III; from Harris County; 1st district (01-07-00599-CV, ___ SW3d ___, 11-08-07)
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
07-0260 IN RE 3M COMPANY; from Harris County; 1st district (01-07-00201-CV, ___ SW3d ___, 03-26-07)
as redrafted
07-0674 IN RE BP PLAINTIFFS' STEERING COMMITTEE; from Galveston County; 1st district (01-07-00624-CV, ___
SW3d ___, 08-16-07)
08-0011 IN RE WESLEY F. HONZA, JR. & ROBERT A. HONZA; from Ellis County; 10th district (10-07-00378-CV, 242
SW3d 578, 01-02-08)
stay order issued January 14, 2008, lifted
08-0122 IN RE A&W DEVELOPMENT, L.L.C.; from Ellis County
08-0071 IN RE DONALD F. DAVIS; from Tarrant County
08-0185 IN RE LEXTER KENNON KOSSIE
Orders Released May 15, 2008
MISCELLANEOUS
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS ABATED:
08-0289
IN RE CITIGROUP GLOBAL MARKETS, INC., ET AL.; from Bexar County; 4th district (04-08-00261-CV, ___ S.W.3d ___,
04-16-08)
joint emergency motion to stay or abate mandamus proceedings pursuant to settlement granted
abatement order issued
(Justice G. Alan Waldrop and Judge Randall W. Wilson sitting by commission pursuant to section 22.005 of the Texas
Government Code)
(Chief Justice Jefferson and Justice Wainwright not sitting)
Orders Pronounced May 13 , 2008
ORDERS ON CASES GRANTED
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS SET FOR ORAL ARGUMENT:
08-0289
IN RE CITIGROUP GLOBAL MARKETS, INC., ET AL.; from Bexar County; 4th district
(04-08-00261-CV, ___ SW3d ___, 04-16-08)
[Note: This case has been set for oral argument at 2:00 p.m., May 16, 2008.]
Time allotted to argue: 30/30 minutes
(Justice G. Alan Waldrop and Judge Randall W. Wilson sitting by commission pursuant to section 22.005 of the Texas
Government Code) (Chief Justice Jefferson and Justice Wainwright not sitting)
MISCELLANEOUS
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
08-0339
IN RE NATHAN MACIAS; from Comal County; 3rd district (03-08-00238-CV, ___ SW3d ___, 05-01-08)
emergency motion for temporary relief denied
Orders Pronounced May 9, 2008
ORDERS ON PETITIONS FOR REVIEW
THE MOTION IN THE FOLLOWING PETITION FOR REVIEW IS GRANTED:
06-0925
GENERAL MOTORS CORPORATION v. CHRIS BURRY, STACEY BURRY, AND CHRIS BURRY, AS NEXT FRIEND FOR
RACHEL BURRY, SARAH BURRY, AND MEGHAN BURRY, MINORS; from Wise County; 2nd district
(02-05-00216-CV, 203 SW3d 514, 09-21-06)
joint motion to sever, abate and remand to effectuate settlement, granted as follows:
Pursuant to Texas Rule of Appellate Procedure 56.3, the Court severs General Motors’ appellate claims as against Stacey
Burry from case number 06-0925 into case number 08-0348, styled General Motors Corporation v. Stacey Burry. The
Court abates the petition in case number 08-0348 and remands those claims to the trial court to effectuate the parties'
settlement agreement. The remainder of the claims remain pending before this Court.
THE ABATEMENT ORDER IS EXTENDED IN THE FOLLOWING PETITION FOR REVIEW:
07-0457
LINDA THOMAS, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DAMON HOLLIMON,
DECEASED AND ASHLEY DOMINQUE HOLLIMON, INDIVIDUALLY v. INSTITUTIONAL DIVISION OF THE TEXAS
DEPARTMENT OF CRIMINAL JUSTICE AND GLENDA PIERSON; from Walker County; 1st district
(01-04-01084-CV, ___ SW3d ___, 04-19-07)
[Note: The abatement order issued March 5, 2008 is extended to June 5, 2008, by which time the parties must file either a
status report or a motion to dismiss.]
MISCELLANEOUS
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
08-0322
IN RE ROBERT LEE GILL, JR.; from Bexar County; 4th district (04-99-00477-CV, ___ SW3d ___, 07-09-99)
original application for extraordinary writ of habeas corpus denied
motion for expedited consideration denied
THE STAY ORDER IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS LIFTED:
07-0911
IN RE LUIS ALONZO ALVAREZ; from Harris County; 1st district (01-07-00569-CV, ___ SW3d ___, 10-29-07)
emergency motion requesting immediate removal of temporary stay granted
stay order issued November 19, 2007, lifted
Orders Issued May 6, 2008
MISCELLANEOUS
A STAY IS ISSUED IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS:
08-0336
IN RE JASON LOBAN; from Tarrant County; 2nd district (02-07-00400-CV, ___ SW3d ___, 01-04-08)
emergency motion for temporary relief granted
stay order issued
requested response due by 3:00 p.m., May 12, 2008
[Note: The petition for writ of mandamus remains pending before this Court.]
Orders Pronounced May 2, 2008 --> April Orders
THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:
03-1066
ARKOMA BASIN EXPLORATION COMPANY, INC., ET AL. v. FMF ASSOCIATES 1990-A, LTD., ET AL.; from Rockwall
County; 5th district (05-02-00669-CV, 118 S.W.3d 445, 08-21-03)
2 motions for rehearing
04-0931
SALEH W. IGAL v. BRIGHTSTAR INFORMATION TECHNOLOGY GROUP, INC. AND BRBA, INC.; from Dallas County; 11th
district (11-03-00099-CV, 140 S.W.3d 820, 06-30-04)
The Court's opinion of December 7, 2007 is withdrawn and the opinion of this date is substituted. The dissenting opinion
by Justice Brister and the judgment, issued December 7, 2007, remain in place. (Justice Hecht not sitting)
07-0164
NADINE HAMILTON, NEE NADINE LAMBERT v. SELMA P. WILSON, M.D.; from Lubbock County; 7th district
(07-06-00071-CV, ___ S.W.3d ___, 11-01-06)
07-0294
W. GENE MURFF, M.D. AND MURFF-WANG-MOORE ASSOCIATES, P.A. v. WANDA KAYE PASS, AS NEXT FRIEND OF
LESLIE LEANN PASS, A MINOR; from McLennan County; 10th district (10-06-00162-CV, ___ S.W.3d ___, 02-28-07)
ORDERS ON CASES GRANTED
THE FOLLOWING PETITION FOR REVIEW IS GRANTED:
07-0533
DAIMLERCHRYSLER CORPORATION v. YVONNE MORAN, INDIVIDUALLY, AS NEXT FRIEND OF AUTUMN RHAE
MORAN, AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF BART MORAN, DECEASED; AND ALLIEDSIGNAL,
INC.; from Nueces County; 13th district (13-00-00537-CV, 231 SW3d 16, 05-17-07)
joint motion for judgment in accordance with settlement granted in part and denied in part as follows:
Pursuant to Texas Rule of Appellate Procedure 56.3, without hearing oral argument or considering the merits, the Court
vacates the judgment of the court of appeals, vacates the judgment of the trial court as to DaimlerChrysler and
AlliedSignal, Inc. only, and remands the case to the trial court for rendition of judgment pursuant to the parties' settlement
agreement. The parties' request that the trial court judgment as to Luvh Rahke be severed is denied. The parties' request
that the court of appeals' opinion be vacated is overruled.
THE FOLLOWING PETITION FOR REVIEW IS STRUCK PURSUANT TO TEXAS RULE OF APPELLATE
PROCEDURE 9.4(i):
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)
The Court strikes the petition for review with the following notation: "The petition violates Texas Rules of Appellate
Procedure 9.3 and 53.6 and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed no later than
May 12, 2008."
