TEXAS SUPREME COURT
ORDERS JULY 2008
(orders without opinions)
ORDERS JULY 2008
(orders without opinions)
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RECENT ORDERS ISSUED BY THE SUPREME COURT OF TEXAS
April 2008 Orders | May 2008 Orders | June 2008 Orders | Most recent Tex. Sup. Ct. Orders
Please note that there are separate pages for
Orders Granting Petitions, Orders Denying Petitions for Review,
and for Texas Supreme Court Opinions
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THE FOLLOWING PETITIONS FOR REVIEW ARE WITHDRAWN: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 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