TEXAS SUPREME COURT
ORDERS SEPTEMBER 2008
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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