TEXAS SUPREME COURT
ORDERS AUGUST 2008
(orders without opinions)
ORDERS AUGUST 2008
(orders without opinions)
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Please note that there are separate pages for
Orders Granting Petitions, Orders Denying Petitions for Review,
and for Texas Supreme Court Opinions
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)