TEXAS SUPREME COURT
ORDERS SEPTEMBER 2008
(orders without opinions)
RECENT ORDERS ISSUED BY THE SUPREME COURT OF TEXAS
April 2008 Orders | May 2008 Orders | June 2008 Orders | July 2008 Orders |
August 2008 Orders | September 2008 Orders | October 2008 Orders | November 2008 Orders |
December 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
hh
Orders Pronounced September 12, 2008
ORDERS ON CAUSES
THE MOTIONS TO RESET ORAL ARGUMENT IN THE FOLLOWING CAUSES
ARE DENIED:
07-0520
ED VANEGAS, JIMMY D. HALMAN, SAM ARMSTRONG, ALEX CARBAJAL ROGER
FARRINGTON, CURTIS HUFF AND TITO BETANCUR v. AMERICAN ENERGY SERVICES,
NIEWOEHNER PARTNERSHIP, L.P., RCH/HSJ/CCM/MCPI, L.P., AUTRY STEPHENS, JOHN CARNETT,
BRACK BLACKWOOD AND DENNIE MARTIN; from Midland County; 11th district (11-06-00118-CV, 224
SW3d 544, 05-10-07)
unopposed motion to reschedule oral argument denied
[Note: This case remains set for oral argument at 9:00 a.m., October 15, 2008.]
07-0665
IN RE MORGAN STANLEY & CO. INCORPORATED, SUCCESSOR TO MORGAN STANLEY DW, INC.;
from Dallas County; 5th district (05-07-00590-CV, ___ SW3d ___, 07-17-07)
relator's opposed motion to reschedule oral argument denied
[Note: This case remains set for oral argument at 9:00 a.m., October 15, 2008.]
THE MOTION IN THE FOLLOWING CAUSE IS DENIED:
05-0916
PLEASANT GLADE ASSEMBLY OF GOD, REVEREND LLOYD A. MCCUTCHEN, ROD LINZAY, HOLLY
LINZAY, SANDRA SMITH, BECKY BICKEL, AND PAUL PATTERSON v. LAURA SCHUBERT; from
Tarrant County; 2nd district
(02-02-00264-CV, 174 SW3d 388, 09-15-05)
respondent's unopposed motion to stay issuance of mandate denied
THE FOLLOWING PETITIONS FOR REVIEW ARE ABATED:
08-0501
IN THE MATTER OF THE GUARDIANSHIP OF KATHRYN HOUSEWORTH GIBBS, AN INCAPACITATED
PERSON; from Denton County; 2nd district (02-05-00143-CV, 253 SW3d 866, 04-03-08)
motion to abate granted
abatement order issued
[Note: This case is removed from the Court's active docket until October 15, 2008, by which time the
parties must file either a status report or a motion to dismiss.]
08-0521
IN RE GUARDIANSHIP OF KATHRYN HOUSEWORTH GIBBS, AN INCAPACITATED PERSON; from
Denton County; 2nd district (02-05-00460-CV, ___ SW3d ___, 04-17-08)
motion to abate granted
abatement order issued
[Note: This case is removed from the Court's active docket until October 15, 2008, by which time the
parties must file either a status report or a motion to dismiss.]
THE FOLLOWING PETITIONS FOR REVIEW ARE STRUCK PURSUANT TO TEXAS
RULE OF APPELLATE PROCEDURE 9.4(i):
08-0624
IN THE INTEREST OF S.L.M.; from Bexar County; 4th district (04-07-00566-CV, ___ SW3d ___,
06-18-08)
The Court strikes the petition for review with the following notations: "The petition violates Texas Rules
of Appellate Procedure 9.8(b)(1)(C) and is struck. Petitioner is ordered to redraw; the redrawn petition
is due to be filed September 22, 2008."
08-0670
SHARI A. WYNNE v. CITIBANK (SOUTH DAKOTA), N.A.; from Travis County; 7th district
(07-06-00162-CV, ___ SW3d ___, 04-25-08) motion to exceed the page limit for the petition for review
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 September 22, 2008."
08-0691
ESTATE OF CHARLEY G. MARTIN, DECEASED, ALICE LONGFELLOW, INDEPENDENT EXECUTRIX
FOR THE ESTATE v. RACETRAC PETROLEUM, INC. AND WALMART STORES EAST, INC.; from
Tarrant County; 2nd district
(02-06-00124-CV, ___ SW3d ___, 06-12-08)
The Court strikes the petition for review with the following notations: "The petition violates Texas Rules
of Appellate Procedure 9.4(f) and (h) and is struck. Petitioner is ordered to redraw; the redrawn
petition is due to be filed September 22, 2008."
08-0719
KERRY LYNN JOYCE v. TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES;
from Henderson County; 12th district (12-07-00371-CV, ___ SW3d ___, 06-30-08)
The Court strikes the petition for review with the following notations: "The petition violates Texas Rules
of Appellate Procedure 9.8(b)(1)(C) and is struck. Petitioner is ordered to redraw; the redrawn petition
is due to be filed September 22, 2008."
ORDERS ON MOTIONS FOR REHEARING
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR REVIEW IS
DENIED:
08-0218
ROSE MARIE PATRONELLA v. HOUSTON INDEPENDENT SCHOOL DISTRICT; from Harris County;
14th district
(14-07-00357-CV, ___ SW3d ___, 01-10-08)
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF
MANDAMUS IS DENIED:
07-0554
IN RE DELFINO GONZALEZ
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
08-0597
IN RE ELOY MATA
08-0605
IN RE CHRISTOPHER M. DEIOTTE
08-0623
IN RE JUAN ALMAGUER #688069
ORDERS RELEASES SEPTEMBER 5, 2008
THE FOLLOWING PETITION FOR REVIEW IS STRUCK
PURSUANT TO TEXAS RULE OF APPELLATE PROCEDURE 9.4(i):
08-0697
ALESA KELLY v. DALLAS, GARLAND & NORTHEASTERN RAILROAD, INCORPORATED
AND UNION PACIFIC RAILROAD COMPANY; from Grayson County; 5th district
(05-06-00456-CV, ___ SW3d ___, 07-17-08)
The Court strikes the petition for review with the following notations: "The petition violates Texas Rule
of Appellate Procedure 53.6 and is struck. Petitioner is ordered to redraw; the redrawn petition is due
to be filed September 15, 2008."
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE
DENIED:
08-0291
RONNIE R. REBER & ALAN RHEA TODD v. BELL HELICOPTER TEXTRON, INC.; from Tarrant County;
2nd district (02-07-00104-CV, 248 SW3d 853, 03-06-08)
08-0303
PAUL MOOD AND K&M DISTRIBUTORS v. KRONOS PRODUCTS, INC.; from Dallas County; 5th district
(05-06-00111-CV, 254 SW3d 8, 11-28-07)
08-0406
HENRY MELVYN RICHARDSON, STEPHANY HARRIS, KLAREE BOOSE, SARAH, KEELI, IVY, SHEBA,
DARRELL, HARPER, EMMA, RAIN, AND ULYSSES v. PRIMARILY PRIMATES, INC.; from Bexar County;
4th district
(04-06-00868-CV, 255 SW3d 132, 01-16-08)
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF
MANDAMUS IS DENIED:
08-0331
IN RE DONALD MOODY, SR.; from Jefferson County; 9th district
(09-07-00064-CV, ___ SW3d ___, 02-15-07)
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
08-0598
IN RE OVIDIO GARCIA, JR., & JUAN G. HINOJOSA; from Starr County; 4th district
(04-08-00348-CR, ___ SW3d ___, 06-11-08)
08-0601
IN RE BRIAN CALVIN ADAMS; 3rd district (03-08-00335-CV, ___ SW3d ___, 06-11-08)
08-0603
IN RE CHRISTOPHER M. DEIOTTE; from Harris County
Texas Supreme Court Orders Released August 2008
July 2008 Texas Supreme Court Orders