TEXAS SUPREME COURT
ORDERS JUNE 2008
(orders without opinions)
ORDERS JUNE 2008
(orders without opinions)
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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
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