TEXAS SUPREME COURT
ORDERS NOVEMBER 2008
(orders without opinions)
ORDERS NOVEMBER 2008
(orders without opinions)
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Orders Granting Petitions, Orders Denying Petitions for Review,
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Orders Pronounced November 25, 2008
MISCELLANEOUS
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
08‑0942
IN RE NL EMS, ET AL.; from Dallas County; 5th district (05‑08‑01180‑CV, ___ SW3d ___, 09‑17‑08)
motion for temporary relief denied
THE FOLLOWING PETITION FOR REVIEW IS DISMISSED:
08‑0549
RAY M. BOWEN, ET AL. v. JACQUELYNN KAY SELF, INDIVIDUALLY AND AS ADMINISTRATIX OF THE
ESTATE OF JERRY DON SELF, DECEASED; ET. AL.; from Brazos County; 10th district
(10‑05‑00295‑CV, ___ SW3d ___, 05‑28‑08)
petitioner's motion to dismiss granted
(Justice Willett not sitting)
ORDERS ON MOTIONS FOR REHEARING
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR REVIEW IS
DISMISSED:
08‑0348
GENERAL MOTORS CORPORATION v. STACEY BURRY; from Wise County; 2nd district
(02‑05‑00216‑CV, 203 SW3d 514, 09‑21‑06)
abatement order issued May 9, 2008, lifted
joint motion to lift abatement and dismiss motion for rehearing granted
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE
DENIED:
07‑0863
IHOR GEORGE KUPCHYNSKY, MELISSA TWOMEY KUPCHYNSKY, AND FGH HOMEBUILDERS, INC.
v. WILLIAM V. NARDIELLO AND LAREE CARAMELLA; from Dallas County; 5th district
(05‑05‑01134‑CV, 230 SW3d 685, 06‑06‑07)
08‑0141
MARY C. ACOSTA v. HEMLATA CHHEDA, D.D.S.; from Harris County; 1st district (01‑07‑00398‑CV,
___ SW3d ___, 11‑01‑07)
08‑0284
ERNEST BUSTOS v. SCHWABE, WILLIAMSON & WYATT, P.C.; from Bexar County; 4th district
(04‑07‑00081‑CV, ___ SW3d ___, 01‑23‑08)
08‑0326
KEN E. MACKEY v. GREAT LAKES INVESTMENT, INC. AND GREAT LAKES INTERESTS, INC.; from
Zapata County; 4th district (04‑06‑00277‑CV, 255 SW3d 243, 03‑12‑08)
08‑0349
HECTOR HINOJOSA, JR. v. CITIBANK (SOUTH DAKOTA), N.A.; from Dallas County; 5th district
(05‑07‑00059‑CV, ___ SW3d ___, 03‑04‑08)
08‑0424
WAYNE ERNEST BARKER v. STEVEN R. HALBERT, ET AL.; from Cherokee County; 6th district
(06‑08‑00045‑CV, ___ SW3d ___, 05‑06‑08)
08‑0545
LAURANCE KRIEGEL v. PARMER COUNTY SHERIFF'S OFFICE, ET AL.; from Parmer County
2 motions for rehearing
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR WRIT OF
MANDAMUS ARE DENIED:
08‑0519
IN RE JANICE M. WILKERSON; from Harris County; 14th district (14‑08‑00376‑CV, ___ SW3d ___,
06‑06‑08)
relator's motion for immediate temporary relief dismissed as moot
08‑0791
IN RE LANAYE JULIAN; from Cameron County; 13th district (13‑08‑00363‑CV, ___ SW3d ___,
06‑19‑08)
as supplemented
THE MOTION FOR REHEARING OF THE FOLLOWING DISCIPLINARY APPEAL IS
DENIED:
08‑0306
WILLLIAM J. SAMES, III v. COMMISSION FOR LAWYER DISCIPLINE
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
08‑0590
IN RE WYATT NORMAN; from Rusk County; 12th district (12‑08‑00126‑CV, 257 SW3d 452, 06‑11‑08)
08‑0596
IN RE BRIAN ARMSTRONG AND SHAWNDI LYNN HATFIELD; from Tarrant County; 2nd district
(02‑08‑00166‑CV, ___ SW3d ___, 04‑25‑08)
08‑0798
IN RE RUBIO ROBERTO MONTENEGRO; from Potter County; 7th district (07‑08‑00350‑CV, ___ SW3d
___, 09‑11‑08)
08‑0815
IN RE PIONEER NATURAL RESOURCES COMPANY AND PIONEER NATURAL RESOURCES USA,
INC.; from Harris County; 14th district (14‑08‑00655‑CV, ___ SW3d ___, 09‑25‑08)
relator's motion to stay underlying proceedings denied
08‑0854
IN RE KEVIN LYNN REVELS; from Houston County; 12th district (12‑93‑00325‑CR, ___ SW3d ___,
06‑29‑95)
08‑0856
IN RE SAN JUANITA SANDOVAL MORAN; from Hidalgo County; 13th district (13‑08‑00517‑CV, ___
SW3d ___, 09‑03‑08)
08‑0869
IN RE DEREK M. BAILEY; from Guadalupe County; 4th district (04‑07‑00593‑CV, ___ SW3d ___,
05‑14‑08)
Orders Pronounced November 21, 2008
THE FOLLOWING PETITION FOR REVIEW IS DISMISSED:
08‑0549
RAY M. BOWEN, ET AL. v. JACQUELYNN KAY SELF, INDIVIDUALLY AND AS ADMINISTRATIX OF THE
ESTATE OF JERRY DON SELF, DECEASED; ET. AL.; from Brazos County; 10th district
(10‑05‑00295‑CV, ___ SW3d ___, 05‑28‑08)
petitioner's motion to dismiss granted
(Justice Willett not sitting)
ORDERS ON MOTIONS FOR REHEARING
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR REVIEW IS
DISMISSED:
08‑0348
GENERAL MOTORS CORPORATION v. STACEY BURRY; from Wise County; 2nd district
(02‑05‑00216‑CV, 203 SW3d 514, 09‑21‑06)
abatement order issued May 9, 2008, lifted
joint motion to lift abatement and dismiss motion for rehearing granted
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE
DENIED:
07‑0863
IHOR GEORGE KUPCHYNSKY, MELISSA TWOMEY KUPCHYNSKY, AND FGH HOMEBUILDERS, INC.
v. WILLIAM V. NARDIELLO AND LAREE CARAMELLA; from Dallas County; 5th district
(05‑05‑01134‑CV, 230 SW3d 685, 06‑06‑07)
08‑0141
MARY C. ACOSTA v. HEMLATA CHHEDA, D.D.S.; from Harris County; 1st district (01‑07‑00398‑CV,
___ SW3d ___, 11‑01‑07)
08‑0284
ERNEST BUSTOS v. SCHWABE, WILLIAMSON & WYATT, P.C.; from Bexar County; 4th district
(04‑07‑00081‑CV, ___ SW3d ___, 01‑23‑08)
08‑0326
KEN E. MACKEY v. GREAT LAKES INVESTMENT, INC. AND GREAT LAKES INTERESTS, INC.; from
Zapata County; 4th district (04‑06‑00277‑CV, 255 SW3d 243, 03‑12‑08)
08‑0349
HECTOR HINOJOSA, JR. v. CITIBANK (SOUTH DAKOTA), N.A.; from Dallas County; 5th district
(05‑07‑00059‑CV, ___ SW3d ___, 03‑04‑08)
08‑0424
WAYNE ERNEST BARKER v. STEVEN R. HALBERT, ET AL.; from Cherokee County; 6th district
(06‑08‑00045‑CV, ___ SW3d ___, 05‑06‑08)
08‑0545
LAURANCE KRIEGEL v. PARMER COUNTY SHERIFF'S OFFICE, ET AL.; from Parmer County
2 motions for rehearing
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR WRIT OF
MANDAMUS ARE DENIED:
08‑0519
IN RE JANICE M. WILKERSON; from Harris County; 14th district (14‑08‑00376‑CV, ___ SW3d ___,
06‑06‑08)
relator's motion for immediate temporary relief dismissed as moot
08‑0791
IN RE LANAYE JULIAN; from Cameron County; 13th district (13‑08‑00363‑CV, ___ SW3d ___,
06‑19‑08) as supplemented
THE MOTION FOR REHEARING OF THE FOLLOWING DISCIPLINARY APPEAL IS
DENIED:
08‑0306
WILLLIAM J. SAMES, III v. COMMISSION FOR LAWYER DISCIPLINE
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
08‑0590
IN RE WYATT NORMAN; from Rusk County; 12th district (12‑08‑00126‑CV, 257 SW3d 452, 06‑11‑08)
08‑0596
IN RE BRIAN ARMSTRONG AND SHAWNDI LYNN HATFIELD; from Tarrant County; 2nd district
(02‑08‑00166‑CV, ___ SW3d ___, 04‑25‑08)
08‑0798
IN RE RUBIO ROBERTO MONTENEGRO; from Potter County; 7th district (07‑08‑00350‑CV, ___ SW3d
___, 09‑11‑08)
08‑0815
IN RE PIONEER NATURAL RESOURCES COMPANY AND PIONEER NATURAL RESOURCES USA,
INC.; from Harris County; 14th district (14‑08‑00655‑CV, ___ SW3d ___, 09‑25‑08)
relator's motion to stay underlying proceedings denied
08‑0854
IN RE KEVIN LYNN REVELS; from Houston County; 12th district (12‑93‑00325‑CR, ___ SW3d ___,
06‑29‑95)
08‑0856
IN RE SAN JUANITA SANDOVAL MORAN; from Hidalgo County; 13th district (13‑08‑00517‑CV, ___
SW3d ___, 09‑03‑08)
08‑0869
IN RE DEREK M. BAILEY; from Guadalupe County; 4th district (04‑07‑00593‑CV, ___ SW3d ___,
05‑14‑08)
ORDERS ISSUED NOVEMBER 14, 2008
THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:
05‑0466
COASTAL OIL & GAS CORPORATION AND COASTAL OIL & GAS USA, L.P. v. GARZA ENERGY
TRUST, ET AL.; from Hidalgo County; 13th district (13‑02‑00136‑CV, 166 SW3d 301, 05‑05‑05)
(Judge Tracy Christopher and Justice Robert Pemberton sitting by appointment pursuant to section
22.005 of the Texas Government Code)
(Justice O'Neill and Justice Wainwright not sitting)
06‑0178
FOREST OIL CORPORATION AND DANIEL B. WORDEN v. JAMES ARGYLE MCALLEN, EL RUCIO
LAND AND CATTLE COMPANY, INC., SAN JUANITO LAND PARTNERSHIP, AND MCALLEN TRUST
PARTNERSHIP; from Hidalgo County; 13th district (13‑05‑00419‑CV, ___ SW3d ___, 12‑15‑05)
as supplemented
07‑0091
TRAMMELL CROW CENTRAL TEXAS, LTD. v. MARIA GUTIERREZ, INDIVIDUALLY AND AS
REPRESENTATIVE OF THE ESTATE OF LUIS GUTIERREZ; AND KAROL FERMAN AS NATURAL
PARENT AND AS NEXT FRIEND OF LUIS ANGEL GUTIERREZ; from Bexar County; 4th district
(04‑05‑00056‑CV, 220 SW3d 33, 12‑20‑06)
07‑0147
IN RE CALLA DAVIS, MELVIN HURST III, AND ANN B. HEARN; 5th district (05‑07‑00198‑CV, ___ SW3d
___, 02‑22‑07)
07‑0639
DON'S BUILDING SUPPLY, INC. v. ONEBEACON INSURANCE COMPANY, AS ASSIGNEE OF
POTOMAC INSURANCE COMPANY OF ILLINOIS
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE
DENIED:
07‑0503
ZENITH INSURANCE COMPANY v. ROSAURA O. LOPEZ; from Midland County; 11th district
(11‑06‑00086‑CV, 229SW3d 775, 05‑17‑07)
08‑0434
DONALD M. SHANNON, ET UX. AND DOUGLAS L. SHANNON v. PAUL PEYTON BARBEE D/B/A
BARBEE & COMPANY; from Leon County; 10th district (10‑06‑00414‑CV, ___ SW3d ___, 03‑26‑08)
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
08‑0554
IN RE NORTH EAST INDEPENDENT SCHOOL DISTRICT; from Travis County; 3rd district
(03‑07‑00603‑CV, ___ SW3d ___, 12‑11‑07)
08‑0615
IN RE FOUR SEVENS OIL COMPANY, LTD., HUNTER PRODUCTIONS CO., PARROT GAS CO., LTD.,
DALE RESOURCES, L.L.C. AND SINCLAIR OIL CORP.; from Dallas County; 5th district
(05‑08‑00768‑CV, ___ SW3d ___, 07‑17‑08)
08‑0756
IN RE SHAMOUN & NORMAN, LLP F/K/A SHAMOUN KLATSKY NORMAN, A REGISTERED LIMITED
LIABILITY PARTNERSHIP; from Dallas County; 5th district (05‑08‑00978‑CV, ___ SW3d ___, 08‑12‑08)
08‑0764
IN RE HAN NARA ENTERPRISES, L.P.; from Midland County; 11th district (11‑08‑00147‑CV, ___ SW3d
___, 07‑31‑08)
Texas Supreme Court Decisions Announced November 2008
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Texas Supreme Court Decisions Announced September 2008
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