TEXAS SUPREME COURT
PETITIONS FOR REVIEW
GRANTED CASES
PETITIONS FOR REVIEW
GRANTED CASES
GRANTED PETITIONS (2008)
[NB: not a complete listing]
ORDERS ON CASES GRANTED
THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
07-0784
HARRY HOLMES, II, INDEPENDENT EXECUTOR OF THE ESTATE OF THOMAS J. HOLMES, SR.,
DECEASED AND AS TRUSTEE OF ANY TRUST NAMED AS A LEGATEE IN THE WILL OF THOMAS J.
HOLMES, SR., DECEASED v. DOUGLAS G. BEATTY, INDEPENDENT EXECUTOR OF THE ESTATE OF
KATHRYN V. HOLMES, DECEASED; from Harris County; 14th district (14‑03‑00663‑CV, 233 SW3d 475,
08‑14‑07)
- consolidated for oral argument with -
07-0785
HARRY HOLMES, II, INDEPENDENT EXECUTOR OF THE ESTATE OF THOMAS J. HOLMES, SR.,
DECEASED AND AS TRUSTEE OF ANY TRUST NAMED AS A LEGATEE IN THE WILL OF THOMAS J.
HOLMES, SR., DECEASED v. DOUGLAS G. BEATTY, INDEPENDENT EXECUTOR OF THE ESTATE OF
KATHRYN V. HOLMES, DECEASED; from Harris County; 14th district (14‑05‑00474‑CV, 233 SW3d 494,
08‑14‑07)
2 petitions
[Note: These cases have been set for oral argument at 9:00 a.m., January 14, 2009.]
Time allotted to argue: 20/20 minutes
08-0518
SAN ANTONIO PROPERTIES, L.P., THOMAS MCCALLEY, AND DANIEL B. BRUNETTE v. PSRA
INVESTMENTS, INC. A/K/A PSRA, INC. AND AS ASSIGNEE OF RICHARD C. GANO, III; from Bexar
County; 4th district (04‑07‑00075‑CV, 255 SW3d 255, 03‑12‑08)
joint motion to grant review, vacate, and remand, granted as follows:
Pursuant to Texas Rule of Appellate Procedure 56.3, without hearing oral argument or considering the
merits, the Court vacates the judgments of the court of appeals and the trial court, and remands the case
to the trial court for rendition of judgment pursuant to the parties' settlement agreement.
ORDERS ON CASES GRANTED
THE FOLLOWING PETITIONS FOR REVIEW WERE GRANTED NOV 25, 2008:
07-1026
LOUIS M. DITTA, GUARDIAN OF THE ESTATE OF DORIS L. CONTE, AN INCAPACITATED PERSON v.
SUSAN C. CONTE AND JOSEPH P. CONTE, JR.; from Harris County; 1st district (01-05-00603-CV, ___
SW3d ___, 08-31-07)(probate court case, authority to remove trustee)
[Note: This case has been set for oral argument at 9:00 a.m., January 13, 2009.]
Time allotted to argue: 20/20 minutes
08-0121
CITY OF WACO v. DEBRA KIRWAN, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF
BRAD MCGEHEE, DECEASED; from McLennan County; 10th district (10-07-00123-CV, 249 SW3d 544,
01-09-08)
[Note: This case has been set for oral argument at 9:00 a.m., January 13, 2009.]
Time allotted to argue: 20/20 minutes
THE FOLLOWING PETITION FOR REVIEW WAS GRANTED NOVEMBER 14, 2008:
08-0061
THE STATE OF TEXAS v. CENTRAL EXPRESSWAY SIGN ASSOCIATES, ET AL.; from Dallas County; 5th
district (05-06-00003-CV, 238 SW3d 800, 08-31-07)(condemnation case, billboards)
[Note: This case has been set for oral argument at 9:00 a.m., January 13, 2009.]
Time allotted to argue: 20/20 minutes
THE FOLLOWING PETITION FOR REVIEW WAS GRANTED NOV. 7, 2008:
08-0813
INSURANCE CORPORATION OF HANNOVER v. JUDY POLK AND MARCIA MOORE; from Jones County;
11th district (11-06-00336-CV, 262 SW3d 120, 07-17-08)(bad faith insurance case, insurance code
violation)
joint motion to abate and to remand to court of appeals to allow voluntary dismissal of appeal dismissed
as moot
joint motion to grant petition for review and remand to court of appeals pursuant to Texas Rules of
Appellate Procedure 56.3 to permit voluntary dismissal granted as follows:
Pursuant to Texas Rule of Appellate Procedure 56.3, the Court grants the petition for review. Without
hearing oral argument or considering the merits, the Court remands the case to the court of appeals for
rendition of judgment pursuant to the parties' settlement agreement and motion.
THE FOLLOWING PETITIONS FOR REVIEW GRANTED OCTOBER 10, 2008:
07-1031
CITY OF DESOTO, TEXAS v. JUSTIN WHITE; from Dallas County; 5th district
(05-06-01469-CV, 232 SW3d 379, 08-28-07, pet. granted Oct. 10, 2008)(civil service act, disciplinary
proceedings, indefinite suspension, hearing examiner; is notice requirement procedural or jurisdictional?)
[Note: This case has been set for oral argument at 9:00 a.m., December 11, 2008.]
Time allotted to argue: 20/20 minutes
No. 07-1051
GALBRAITH ENGINEERING CONSULTANTS, INC. v. SAM POCHUCHA AND JEAN POCHUCHA; from
Bexar County; 4th district (04-07-00119-CV, 243 SW3d 138, 09-12-07, pet. granted Oct. 10, 2008)
(statute of limitations, repose, is joinder of responsible third party time-barred?)
[Note: This case has been set for oral argument at 9:00 a.m., December 11, 2008.]
Time allotted to argue: 20/20 minutes
THE FOLLOWING PETITION FOR REVIEW WAS GRANTED NOV. 7, 2008:
08-0813
INSURANCE CORPORATION OF HANNOVER v. JUDY POLK AND MARCIA MOORE; from Jones County;
11th district (11‑06‑00336‑CV, 262 SW3d 120, 07‑17‑08)
joint motion to abate and to remand to court of appeals to allow voluntary dismissal of appeal dismissed
as moot
joint motion to grant petition for review and remand to court of appeals pursuant to Texas Rules of
Appellate Procedure 56.3 to permit voluntary dismissal granted as follows:
Pursuant to Texas Rule of Appellate Procedure 56.3, the Court grants the petition for review. Without
hearing oral argument or considering the merits, the Court remands the case to the court of appeals for
rendition of judgment pursuant to the parties' settlement agreement and motion.
THE FOLLOWING PETITIONS FOR REVIEW WERE GRANTED AUGUST 29, 2008:
07-0490
MANN FRANKFORT STEIN & LIPP ADVISORS, INC., MFSL GP, L.L.C., AND MFSL EMPLOYEE
INVESTMENTS, LTD. v. BRENDAN J. FIELDING; from Harris County; 1st district
(01-05-01080-CV, ___ SW3d ___, 05-03-07)(attorney's fees)
[Note: This case has been set for oral argument at 9:00 a.m., November 13, 2008.]
07-0806
WALTER E. HARRELL v. THE STATE OF TEXAS; from Terry County; 7th district
(07-06-00469-CR & 07-06-00470-CR, ___ SW3d ___, 08-13-07)
[Note: This case has been set for oral argument at 9:00 a.m., November 13, 2008.]
07-0818
AKIN, GUMP, STRAUSS, HAUER & FELD, L.L.P. v. NATIONAL DEVELOPMENT AND RESEARCH
CORPORATION AND ROBERT E. TANG; from Dallas County; 5th district (05-06-01024-CV, 232 SW3d
883, 08-29-07) 2 petitions
[Note: This case has been set for oral argument at 9:00 a.m., December 9, 2008.]
This is an appeal from a jury verdict in a legal malpractice lawsuit filed by appellees National Development and Research
Corporation and Robert E. Tang See Footnote 2 (collectively NDR) against appellant Akin, Gump, Strauss, Hauer & Feld,
L.L.P. The jury found Akin Gump negligent and assessed damages totaling $922,631.86. Akin Gump does not appeal the
finding of negligence but seeks to reduce the damages awarded, arguing that (1) NDR did not prove that certain damages
would be collectible; (2) no evidence supports the jury's finding of fair market value of the Pan-Sino stock at issue; (3)
attorney's fees in the underlying lawsuit are not a proper measure of damages in a malpractice suit; and (4) an offset is
due for the 10% contingency fee NDR would have owed Akin Gump for prevailing in the underlying lawsuit. We conclude
attorney's fees are not recoverable in this malpractice suit, but resolve all other issues in favor of the judgment.
08-0379
IN THE INTEREST OF J.O.A., T.J.A.M., T.J.M., AND C.T.M., CHILDREN; from Collingsworth County;
7th district (07-07-00042-CV, ___ SW3d ___, 02-25-08)
[Note: This case has been set for oral argument at 9:00 a.m., October 14, 2008.]
This is an accelerated appeal of a final order rendered under subchapter E of chapter 263 of the Texas Family Code
pertaining to the placement of four children. As to two children, J.O.A. and T.J.A.M., Footnote the order names a relative of
the children as their managing conservator; and, as to two children, T.J.M. and C.T.M., the order involuntary terminates the
parental rights of Appellants, Timothy and Trena, Footnote and appoints the Texas Department of Protective and
Regulatory Services as managing conservator. Appellants jointly raise ten points of error. Points of error one and two
challenge the constitutionality of § 263.405(b) and (i) of the Texas Family Code, Footnote while points of error three
through ten challenge the findings of the trial court and the sufficiency of the evidence.
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS SET FOR ORAL ARGUMENT:
07-0871
IN RE UNITED SERVICES AUTOMOBILE ASSOCIATION; from Bexar County; 4th district
(04-07-00464-CV, ___ SW3d ___, 10-17-07)
[Note: This case has been set for oral argument at 9:00 a.m., December 9, 2008.]
PETITIONS GRANTED JUNE 27, 2008
06-1034
THE STATE OF TEXAS AND THE TEXAS DEPARTMENT OF TRANSPORTATION v. GEORGE LUECK;
from Travis County; 3rd district (03-05-00510-CV, 212 SW3d 630, 08-16-06)(whistleblower suit, motion to
dismiss, interlocutory appeal)
07-0931
CITY OF DALLAS v. GREG ABBOTT, ATTORNEY GENERAL OF TEXAS; from Travis County; 7th district
(07-06-00161-CV, ___ SW3d ___, 08-13-07) (Open Records Act dispute, claim of attorney-client
communication privilege)
PETITIONS GRANTED JUNE 20, 2008
THE MOTION IN THE FOLLOWING CAUSE IS GRANTED:
06-0929
LIVING CENTERS OF TEXAS, INC., CYNDI BROWN, LNFA, AND KIMBERLY BORDOVSKY, DON v.
AUGUSTINE PEÑALVER, INDIVIDUALLY AND AS INDEPENDENT EXECUTOR OF THE ESTATE OF
MARIA BELIA PEÑALVER, DECEASED, AND RAMON PEÑALVER; from Bexar County; 4th district (04-05-
00565-CV, 217 SW3d 44, 09-13-06)
petitioners' motion for rehearing, being treated as motion to modify judgment, granted
judgment issued January 25, 2008, withdrawn
modified judgment issued
PETITIONS GRANTED JUNE 13, 2008
THE FOLLOWING PETITION FOR REVIEW IS GRANTED:
07-0541 TXI TRANSPORTATION COMPANY, ET AL. v. RANDY HUGHES, ET AL.; from Wise County; 2nd
district (02-04-00242-CV, 224 SW3d 870, 05-24-07)
as amended [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:
07-0322 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.]
PETITIONS GRANTED JUNE 6, 2008
07-0240 MIGUEL HERNANDEZ, M.D. v. JULIOUS EBROM AND RICHARD HUNNICUTT; from Hidalgo
County; 13th district (13-06-00053-CV, ___ S.W.3d ___, 02-08-07)
[Note: The date and time for oral argument are yet to be determined.]
07-0970 LAURI SMITH AND HOWARD SMITH v. PATRICK W.Y. TAM TRUST; from Collin County; 5th
district (05-06-00356-CV, 235 S.W.3d 819, 07-31-07)
[Note: The date and time for oral argument are yet to be determined.]
PETITIONS GRANTED MAY 30, 2008
07-0599 RETAMCO OPERATING, INC. v. REPUBLIC DRILLING COMPANY; from Bexar County; 4th
district (04-06-00727-CV, ___ S.W.3d ___, 03-28-07)
[Note: The date and time for oral argument are yet to be determined.]
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 S.W.3d 788, 08-22-07)
[Note: The date and time for oral argument are yet to be determined.]
PETITIONS GRANTED May 16, 2008
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.]
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.]
May 2, 2008 - 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 S.W.3d 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.
Opinion on rehearing by Justice Garza in the court below: DaimlerChrysler Corp. v. Moran
(Tex.App.- Corpus Christi, May 17, 2007, pet. granted) (products liability, defective seat belt, auto
accident)
In this opinion, we review the appeals of two defendants from a money judgment entered on a jury verdict
in a products liability action. (1) The action arises from the death of Bart Moran, a motorist who was killed
when the seat belt in his Dodge Caravan failed to restrain him in a collision with another automobile. We
reverse the judgment in part and affirm in part.
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