TEXAS SUPREME COURT
ORDERS MAY 2008
(orders without opinions)
ORDERS MAY 2008
(orders without opinions)
| LINKS FOR TEX. SUP. CT. ACTIVITY Texas Supreme Court Opinions 2008 Tex 2008 Mandamus Opinions Per Curiam Opinions (Tex. 2008) Texas Supreme Court Orders 2008 Petitions for Review Denied 2008 Petitions Granted in 2008 SUPREME COURT RULINGS BY LAW SUIT TYPE PRACTICE AREA Tex 2008 Opinions by Category (Index) Medical MalpractIce Decisions Consumer Law and Class Actions Supreme Court Family Law Decisions JUDICIAL POLITICS PAGES 2008 Judicial Election Campaigns TEXAS OPINIONS HOME PAGE |
RECENT ORDERS ISSUED BY THE SUPREME COURT OF TEXAS
Please note that there are separate pages for
Orders Granting Petitions, Orders Denying Petitions for Review,
and for Texas Supreme Court Opinions
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."