TEXAS SUPREME COURT
ORDERS APRIL 2008
(orders without opinions)
RECENT ORDERS ISSUED BY THE SUPREME COURT OF TEXAS
ORDERS ON PETITIONS FOR REVIEW

Please note that there are separate pages for
Orders Granting Petitions, Orders Denying Petitions for Review,
and for
Texas Supreme Court Opinions  

Orders Pronounced April 30, 2008  | --> Current 2008

MISCELLANEOUS

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:

08-0321  IN RE STEVEN WAYNE BELL, SR.; from Denton County; 2nd district
02-08-00128-CV, ___ S.W.3d ___, 04-21-08)
relator's motion to stay proceedings in trial court denied


Orders Pronounced April 28, 2008

MISCELLANEOUS

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:

08-0120  IN RE EDNA DAVIS; from Nueces County; 13th district (13-08-00005-CV, ___ S.W.3d ___, 01-04-
08)
as redrafted
motion for emergency temporary relief denied


Orders Pronounced April 25, 2008

ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

07-0985  EDWIN HORTON WITHERSPOON v. GARY L. JOHNSON, ET AL.; from Medina County; 4th
district (04-06-00403-CV, ___ S.W.3d ___, 10-31-07)

07-1021  JAMES WILLARD COLLINS, JR. v. JOHN THOMAS PARKER AND RONALD EUGENE PARKER;
from Harris County; 14th district (14-06-01152-CV, ___ S.W.3d ___, 09-13-07)
petition/motion for attorney fees as pro se litigant denied

08-0158  IN THE MATTER OF THE ESTATE OF ROBERT L. GILL, SR., DECEASED; from Bexar County; 4th
district (04-08-00040-CV, ___ S.W.3d ___, 03-05-08)

08-0161  GAMMA GROUP, INC. v. TRANSATLANTIC REINSURANCE COMPANY AND HOME STATE
COUNTY MUTUAL INSURANCE COMPANY; from Dallas County; 5th district (05-06-00156-CV, 242 S.W.
3d 203, 12-03-07)

THE FOLLOWING PETITION FOR REVIEW IS STRUCK PURSUANT TO TEXAS RULE OF
APPELLATE PROCEDURE 9.4(i):

08‑0287  MARGARET M. WALLACE TAPLIN; THE ESTATE OF LEWIS TAPLIN, DECEASED; AND
MARGARET M. WALLACE TAPLIN; HIGHWAY DEPARTMENT v. PEACH CREEK PARTNERS, LTD.; from
Brazos County; 10th district (10-06-00371-CV, ___ S.W.3d ___, 12-12-07)
The Court strikes the petition for review with the following notations: "The petition violates Texas
Rules of Appellate Procedure 9.3(b), 9.4, and 53.2 and is struck. Petitioner is ordered to redraw; the
redrawn petition is due to be filed May 5, 2008."


ORDERS ON MOTIONS FOR REHEARING

THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE
DENIED:

07-0825  MARCIE MCCARTHY v. WANI VENTURE, A.S. SUCCESSOR IN INTEREST TO NORGIPS USA,
INC.; from Harris County; 1st district (01-04-00921-CV, ___ S.W.3d ___, 06-28-07)

07-0939  DASHUN HATCHER v. TDCJ-ID; from Anderson County; 6th district (06-07-00046-CV, 232 S.W.
3d 921, 09-04-07).
.

MISCELLANEOUS

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:

08‑0297  IN RE TIMOTHY RYAN; from Wharton County; 13th district (13‑08‑00179‑CV, ___
SW3d ___, 04‑18‑08)
relator's motion for expedited consideration denied


April 22, 2008 Orders

MISCELLANEOUS

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:

08-0293  IN RE AMY ELIZABETH BURK; from Harris County; 14th district (14-08-00065-CV, ___ SW3d
___, 04-10-08)
motion for stay of temporary ruling requiring relocation to Texas denied

Orders Released April 18, 2008

THE MOTION FOR REHEARING OF THE FOLLOWING CAUSE IS DENIED:

05-0645          

ALLSTATE INSURANCE COMPANY, ALLSTATE INDEMNITY COMPANY, AND ALLSTATE PROPERTY &
CASUALTY INSURANCE COMPANY v. CEVIA FLEMING, INDIVIDUALLY AND ON BEHALF OF ALL OTHER
PERSONS SIMILARLY SITUATED; from Travis County; 3rd district (03‑04‑00621‑CV, ___ SW3d ___,
06‑29‑05)

ORDERS ON CASES GRANTED

THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:

05-0801          

S. MURTHY BADIGA, M.D. v. MARICRUZ LOPEZ; from Hidalgo County; 13th district
(13‑04‑00452‑CV, ___ SW3d  ___, 07‑07‑05
[Note: The date and time for oral argument are yet to be determined.]

07-0123          

DENNIS L. MIGA v. RONALD L. JENSEN; from Tarrant County; 2nd district (02‑05‑00277‑CV,
___ SW3d ___, 11‑30‑06)
[Note: The date and time for oral argument are yet to be determined.]

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)
as amended
[Note: The date and time for oral argument are yet to be determined.]

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, ___ SW3d ___, 05‑10‑07)
[Note: The date and time for oral argument are yet to be determined.]

07‑0655          

CITY OF LUBBOCK v. GRACE NUNEZ AND JUAN NUNEZ, INDIVIDUALLY AND AS
REPRESENTATIVES OF THE ESTATE OF JOHN NUNEZ, III AND LISA HERNANDEZ; from
Lubbock County; 7th district (07‑07‑00007‑CV, ___ SW3d ___, 05‑30‑07)
[Note: The date and time for oral argument are yet to be determined.]


ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

06‑0738          

IN THE MATTER OF R.J.M.; from Bexar County; 4th district (04‑06‑00265‑CV, 211 SW3d 393, 07‑26‑06)

06‑0870          

MARK S. MAXWELL, D.O. v. DAVID ELKINS AND JUANITA ELKINS; from Taylor County; 11th district
(11‑05‑00339‑CV, 197 SW3d 858, 07‑20‑06)

07‑0497          

THE CADLE COMPANY AND CADLEWAY PROPERTIES, INC. v. MARY ESTER ORTIZ AND DAVID ORTIZ;
from Calhoun County; 13th district (13‑06‑00282‑CV, 227 SW3d 831, 05‑17‑07)

07‑0744          

HIBERNIA NATIONAL BANK, SUANNE EISEN LUBIN, AND DAN EISEN v. ELIZABETH EISEN; from
Jefferson County; 9th district (09‑06‑00491‑CV, 232 SW3d 309, 08‑02‑07)

07‑0888          

DARYL DAVIS v. RANGER CONVEYING & SUPPLY COMPANY; from Harris County; 1st district
(01‑05‑00128‑CV, ___ SW3d ___, 07‑26‑07)
as corrected

07‑0889          

PANTHER CREEK VENTURES, LTD., ELDORADO RANCH, LTD., AND ELDORADO PARK, LTD. v. COLLIN
CENTRAL APPRAISAL DISTRICT; from Collin County; 5th district (05‑06‑01251‑CV, 234 SW3d 809,
09‑19‑07)

07‑0955          

DORIS POLLARD v. WALGREEN CO. AND MICHAEL BARNES; from Jefferson County; 9th district
(09‑06‑00447‑CV, ___ SW3d ___, 09‑06‑07)

07‑0982          

RICHARD J. HARE, M.D. v. BETTY REED GRAHAM, INDIVIDUALLY AND AS SURVIVING SPOUSE AND
REPRESENTATIVE OF THE ESTATE OF LEE GRAHAM; from Tarrant County; 2nd district
(02‑07‑00118‑CV, ___ SW3d ___, 10‑18‑07)

07‑1016          

SHERRILL IVERSON PETTUS, ET AL. v. JO ANN GEURIN PETTUS; from Young County; 2nd district
(02‑05‑00110‑CV, 237 SW3d 405, 09‑13‑07)

07‑1033          

IN THE MATTER OF F.M., A JUVENILE; from El Paso County; 8th district (08‑06‑00194‑CV, 238 SW3d
837, 10‑11‑07)

07‑1053          

CARL BURLESON v. SHARP IMAGE ENERGY, INC. AND WEST TEXAS ENERGY, L.L.C.; from Howard
County; 11th district (11‑06‑00069‑CV, ___ SW3d ___, 11‑08‑07)
as redrafted

07‑1070          

ABBOTT SPRAGUE, LLOYD THORTON, JAMES FLANIGAN, CHARLES H. PRIOLEAU, AND BAYVIEW
ACRES ASSOCIATION, INC. v. FRANS GILLEBAARD AND DIANE GILLEBAARD; from Galveston County;
1st district (01‑05‑00961‑CV, ___ SW3d ___, 11‑15‑07)

08‑0060          

CARLOS GUERRA v. SANTA ROSA INDEPENDENT SCHOOL DISTRICT; from Cameron County; 13th
district (13‑06‑00681‑CV, 241 SW3d 594, 08‑28‑07)
as redrafted

08‑0066          

THERESA D. CROOKS v. M1 REAL ESTATE PARTNERS, LTD., MOSES MANAGEMENT, ROBERT A.
MOSES, JR., INC. AND JAMES MOSES; from Collin County; 5th district (05‑05‑01593‑CV, 238 SW3d
474, 08‑29‑07)

08‑0127          

DALLAS COUNTY, TEXAS v. RISCHON DEVELOPMENT CORPORATION, ET AL.; from Dallas County; 5th
district (05‑06‑01025‑CV, 242 SW3d 90, 09‑28‑07)
2 petitions

08‑0133          

JERRY C. MCLELLAND, ET AL. v. EXXONMOBIL OIL CORPORATION F/K/A MOBIL OIL CORPORATION,
ET AL.; from Jefferson County; 9th district (09‑06‑00566‑CV, ___ SW3d ___, 01‑10‑08)
(Justice O'Neill not sitting)


08‑0151          

MARK SCHOMBURG AND CYNTHIA S. SCHOMBURG v. TRW VEHICLE SAFETY SYSTEMS, INC.; from
Dallas County; 5th district (05‑06‑01467‑CV, 242 SW3d 911, 01‑08‑08)

08‑0167          

SUPERMERCADO TELOLOAPAN, INC. D/B/A TELOLOAPAN MEAT MARKET v. CITY OF HOUSTON; from
Harris County; 14th district (14‑06‑00472‑CV, ___ SW3d ___, 12‑18‑07)

THE FOLLOWING PETITION FOR REVIEW IS DISMISSED:

08‑0204          

MAYTAG CORPORATION, AND CROSLEY CORPORATION v. KIESEL, JOSEPH AND TERRY; from Dallas
County; 5th district (05‑07‑00333‑CV, 245 SW3d 96, 01‑28‑08)
agreed motion to dismiss petition for review granted

ORDERS ON MOTIONS FOR REHEARING

THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE
DENIED:

07‑0975          

DEBORAH LEGGETT v. SFJV 2004-1, LLC; from Tarrant County; 2nd district (02‑06‑00128‑CV, ___
SW3d ___, 10‑11‑07)

07‑1002          

JOHN SPOOR, SUSAN LYNN SPOOR, AND CLAUDINE SPOOR, INDIVIDUALLY AND AS INDEPENDENT
EXECUTRIX OF THE ESTATE OF DONALD EUGENE SPOOR, DECEASED v. SOUTHTEX 66 PIPELINE
COMPANY, LTD.; from Brazoria County; 14th district (14‑05‑01181‑CV, 238 SW3d 538, 10‑23‑07)

07‑1014          

JUDY ALLEN, ET AL. v. UNITED OF OMAHA LIFE INSURANCE COMPANY, ET AL.; from Tarrant County;
2nd district (02‑06‑00187‑CV, 236 SW3d 315, 05‑17‑07)
(Justice Hecht not sitting)


THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR WRIT OF
MANDAMUS ARE DENIED:

07‑0797          

IN RE TITAN INDEMNITY COMPANY; UNITED STATES FIDELITY AND GUARANTY; ST. PAUL FIRE AND
MARINE INSURANCE COMPANY; AND THE TRAVELERS COMPANIES, INC. (INCORRECTLY NAMED AS
ST. PAUL TRAVELERS); from Bexar County; 4th district (04‑07‑00653‑CV, ___ SW3d ___, 09‑26‑07)

07‑0933          

IN RE BAYER MATERIALSCIENCE LLC; from Chambers County; 1st district (01‑07‑00732‑CV, ___ SW3d
___, 11‑01‑07)


MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

07‑1057          

IN RE JOSEPH EARL WATSON; from Parker County; 2nd district (02‑07‑00310‑CV, ___
SW3d ___, 11‑27‑07)

07‑1067          

IN RE PAUL VINCENT MORINVILLE; from Williamson County; 3rd district (03‑07‑00621‑CV,
___ SW3d ___, 12‑19‑07)

08‑0164          

IN RE MACK ANTHONY BLACK

08‑0224          

IN RE PREMIER AMBULATORY SURGERY OF AUSTIN, L.L.P.; from Travis County; 3rd district
(03‑08‑00015‑CV, ___ SW3d ___, 03‑13‑08)
emergency request for temporary stay denied

08‑0239          

IN RE RANDY ALGOE
emergency motion for temporary relief denied

08‑0274          

IN RE GARRETT PAVING & MAINTENANCE, INC.; from Nueces County; 13th district (13‑08‑00166‑CV,
___ SW3d ___, 04‑01‑08)
motion for stay denied

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DISMISSED:

07‑0499          

IN RE SIMON PROPERTY GROUP (TEXAS), L.P. AND SIMON PROPERTY GROUP (DELAWARE), INC.;
from Hidalgo County; 13th district (13‑07‑00349‑CV, ___ SW3d ___, 06‑13‑07)
agreed motion to dismiss mandamus granted

08‑0042          

IN RE SIMON PROPERTY GROUP (TEXAS), L.P., SIMON PROPERTY GROUP (DELAWARE), INC., SIMON
PROPERTY GROUP, INC., AND GOLDEN RING MALL COMPANY LIMITED PARTNERSHIP; from Hidalgo
County; 13th district (13‑07‑00556‑CV, ___ SW3d ___, 11‑28‑07)
agreed motion to dismiss mandamus granted

08‑0090          

IN RE MILLER TRUCK LINES, INC.; from Parker County; 2nd district (02‑07‑00452‑CV, ___ SW3d ___,
01‑04‑08)
relator's motion to dismiss petition for writ of mandamus granted

Texas Supreme Court Orders Issued April 14, 2008

MISCELLANEOUS

THE FOLLOWING PETITION FOR WRIT OF HABEAS CORPUS IS DENIED WITHOUT PREJUDICE:
08-0279          
IN RE STEPHEN E. MEIWES; from Castro County
See Tex. R. App. P. 52.3(e)

April 11, 2008 Supreme Court Orders

THE FOLLOWING PETITIONS FOR REVIEW ARE
DENIED:

05-0474          

EDWARD GROUP, III, D.C. v. MARK VICENTO; from Harris County; 14th district (14-04-00908-CV, 164 S.
W.3d 724, 05-10-05)
respondent's motion to substitute counsel granted

07-0958          

NANCY BRAUS v. RAY M. BOWEN, ET AL.; from Brazos County; 10th district (10-06-00226-CV, ___ S.W.
3d ___, 10-10-07)
respondents' motion to dismiss, dismissed as moot

07-0963          

JASON BLAKENEY v. STATE OF TEXAS, ET AL., BILL SABAN, AND KYLE FREEMAN; from Rusk County;
6th district (06-07-00064-CV, ___ S.W.3d ___, 10-11-07)

07-1041          

TIMOTHY J. CARPENTER; MERVIN G. SCHAEFER; JAMES P. MALONEY; OLDCOSY CORP.; HENRY
JACKSON; DAVID REINDL; HENRY C. HESS; DAVID FALLDORF; AND JANE P. KOTH v. EXELON
CORPORATION AND EXELON ENTERPRISES COMPANY, LLC; from Harris County; 14th district (14-07-
00149-CV, ___ S.W.3d ___, 10-23-07)

08-0020          

MARTINA OGG v. DILLARD'S, INC.; from Dallas County; 5th district (05-06-00626-CV, 239 S.W.3d 409,
11-09-07)

08-0023          

LINDA JOHNSON AND STEPHEN WAYNE JOHNSON, INDIVIDUALLY AND AS GUARDIANS OF KEASHIA
MCLINN, A MINOR v. ROBERT THIGPEN, JR., INDIVIDUALLY AND D/B/A THIGPEN CATTLE COMPANY
AND THIGPEN CATTLE COMPANY, AN UNIDENTIFIED COMPANY; from Falls County; 10th district (10-06-
00174-CV, ___ S.W.3d ___, 11-21-07)

08-0100          

R. KIM WILLIAMS AND PAMELA WILLIAMS v. JUDITH CUNNINGHAM; from Denton County; 2nd district
(02-06-00154-CV, ___ S.W.3d ___, 12-20-07)

08-0108          

RAMON CARDENAS AND MARIA CARDENAS v. JOE WILLIAMSON CONSTRUCTION CO., INC.; from
Hidalgo County; 13th district (13-06-00096-CV, ___ S.W.3d ___, 11-20-07)

08-0146          

VERNON LLOYD HOOKER v. THE TEXAS DEPARTMENT OF PUBLIC SAFETY; from Montgomery County;
9th district (09-07-00125-CV, ___ S.W.3d ___, 01-17-08)

08-0152          

IMPERIAL LOFTS, LTD. v. IMPERIAL WOODWORKS, INC.; from McLennan County; 10th district (10-06-
00126-CV, 245 S.W.3d 1, 11-21-07)

08-0176          

RODGER DALE CASTLEBERRY v. ELAINE CASTLEBERRY BIGBEE, INDIVIDUALLY, AND AS
INDEPENDENT EXECUTRIX OF MAY GLEN CASTLEBERRY, DECEASED, AND TRUSTEE OF THE
CASTLEBERRY FAMILY IRREVOCABLE LIFE INSURANCE TRUST, THE CASTLEBERRY MARITAL TRUSTS,
AND THE CASTLEBERRY BY-PASS TRUST; from Comal County; 13th district (13-06-00551-CV, ___ S.W.
3d ___, 01-17-08)

THE FOLLOWING PETITIONS FOR REVIEW ARE STRUCK PURSUANT TO TEXAS RULE OF
APPELLATE PROCEDURE 9.4(i):

08-0173          

WALTER MITCHELL v. CARLA BERRY, NORRIS BOOTH, BRAD NATHAN WALKER, JOHN DOE, MARIA
ALICIA GARCIA, URBAN REHABILITATION STANDARDS BOARD CITY OF DALLAS TEXAS AND CITY OF
DALLAS, TEXAS, MUNICIPAL CORPORATION; from Dallas County; 5th district (05‑06‑01328‑CV, ___
SW3d ___, 11‑20‑07)
The Court strikes the petition for review with the following notations: "The petition violates Texas
Rules of Appellate Procedure 9.3(b), 9.4(d), and 53.2(k) and is struck. Petitioner is ordered to
redraw; the redrawn petition is due to be filed April 21, 2008."

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)
as amended
motion to file petition for review longer than 15 pages denied
The Court strikes the petition for review with the following notations: "The petition violates Texas
Rules of Appellate Procedure 9.4(d), (f), (h), and 53.6 and is struck. Petitioner is ordered to redraw;
the redrawn petition is due to be filed April 21, 2008."

08-0255          

KRISTOFER THOMAS KASTNER v. MARTIN, DROUGHT AND TORRES, INC., ET AL.; from Bexar County;
4th district (04‑07‑00342‑CV, ___ SW3d ___, 10‑31‑07)
motion to stay pending appeal to the Supreme Court of Texas denied
The Court strikes the petition for review with the following notations: "The petition violates Texas
Rules of Appellate Procedure 9.4(c), (f), (g), (h), and 53.2(k)(1)(C) and is struck. Petitioner is ordered
to redraw; the redrawn petition is due to be filed April 21, 2008."

08-0266          

LEE, WAI-LING v. PALACIOS, ROSE MARIE; from Harris County; 14th district (14‑06‑00428‑CV, ___
SW3d ___, 10‑11‑07)
motion to exceed page limits to file petition for review denied
The Court strikes the petition for review with the following notations: "The petition violates Texas
Rules of Appellate Procedure 9.4(h) and 53.6 and is struck. Petitioner is ordered to redraw; the
redrawn petition is due to be filed April 21, 2008."

THE FOLLOWING PETITIONS FOR REVIEW ARE DISMISSED:

07-0361          

IN THE ESTATE OF JUAN GARCIA, DECEASED; from La Salle County; 4th district (04‑06‑00120‑CV, ___
SW3d___, 03‑14‑07)
joint motion to dismiss petition for review granted

07-0539          

TEXAS CITYVIEW CARE CENTER, L.P., D/B/A CITYVIEW CARE CENTER, LAWRENCE WAYNE POWELL,
JR., AND DALLAS HICKMAN, R.N. v. LINDA FRYER, NELDA PATTON, AND MITZI GRIFFIN, INDIVIDUALLY
AND AS INDEPENDENT EXECUTRIX OF THE ESTATE OF FRANCES EMMONS; from Tarrant County; 2nd
district (02‑06‑00373‑CV, 227 SW3d 345, 05‑24‑07)
agreed motion to dismiss petition for review granted

THE FOLLOWING PETITION FOR REVIEW IS DISMISSED FOR WANT OF JURISDICTION:

08-0050          

LAKEITH AMIR-SHARIF v. CATHY J. HAWKINS; from Dallas County; 5th district (05‑06‑00446‑CV, ___
SW3d ___, 12‑13‑07)
second motion for extension of time to file petition for review denied

ORDERS ON MOTIONS FOR REHEARING

THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE
DENIED:

07-0752          

B.H. MCCAIG v. TRESSIE MCCAIG; from Henderson County; 12th district (12‑06‑00374‑CV, ___ SW3d
___, 06‑20‑07)

07-1012          

JOHN KOO-HYUN KIM v. AUSTIN COMMUNITY COLLEGE; STEPHEN B. KINSLOW, AS PRESIDENT OF
AUSTIN COMMUNITY COLLEGE; GREG ABBOTT, ATTORNEY GENERAL OF TEXAS; REPRESENTATIVE
JAIME VALDEZ; AND MYRA MCDANIEL, AS ATTORNEY FOR AUSTIN COMMUNITY COLLEGE; from
Travis County; 3rd district (03‑07‑00320‑CV, ___ SW3d ___, 07‑06‑07)

08-0035          

JOAN CAROL ELLIS ROBERTS v. DR. MILAS ELDON DAVIS, JR.; from Titus County; 6th district
(06‑07‑00024‑CV, ___ SW3d ___, 11‑01‑07)

MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

08-0171          

IN RE BILLY R. SIMS, #511649

08-0179          

IN RE GREYHOUND LINES, INC.; from Dallas County; 5th district (05‑08‑00033‑CV, ___ SW3d ___,
02‑22‑08) motion to stay proceedings in the trial court denied

08-0214          

IN RE MAR-ROX, INC., ROXANNE PENA CANTU, LAW OFFICES OF MARK CANTU A/K/A LAW OFFICE OF
MARK A. CANTU, AND MARK CANTU AS CUSTODIAN FOR AYSSA CELESTE CANTU AND KRYSTHA
YANNI CANTU; from Hidalgo County; 13th district (13‑07‑00693‑CV, ___ SW3d ___, 01‑18‑08)
as redrafted. relator's motion to stay proceedings denied
real parties in interest's motion to strike relators' petition for writ of mandamus, dismissed as moot

08-0252          

IN RE JOSEPH D. SHUBERT TDCJ #613533; from Dallas County

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED:

07-0620          

IN RE TEXAS CITYVIEW CARE CENTER, L.P., D/B/A CITYVIEW CARE CENTER, LAWRENCE WAYNE
POWELL, JR., AND DALLAS HICKMAN, R.N.; from Tarrant County; 2nd district (02‑06‑00426‑CV, 227
SW3d 345, 05‑24‑07)
agreed motion to dismiss petition for writ of mandamus granted

THE FOLLOWING APPEAL FROM A DECISION OF THE BOARD OF DISCIPLINARY
APPEALS IS DISMISSED FOR WANT OF PROSECUTION:

07-0101          

ARTHUR L. JACKSON v. COMMISSION FOR LAWYER DISCIPLINE
appellee's motion to dismiss for want of prosecution granted

Orders Pronounced April 4, 2008

ORDERS ON CAUSES

THE MOTION FOR REHEARING OF THE FOLLOWING CAUSE IS GRANTED:

05-0272          
ENTERGY GULF STATES, INC. v. JOHN SUMMERS; from Jefferson County; 9th district (09-04-00152-
CV, ___ S.W.3d ___, 12-30-04) [Note: The date and time for oral argument are yet to be determined.]


THE MOTION FOR REHEARING OF THE FOLLOWING CAUSE IS DISMISSED:

03-1189          
DAIMLERCHRYSLER CORPORATION v. BILL INMAN, DAVID CASTRO, AND JOHN WILKINS, EACH
INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED; from Nueces County; 13th
district (13-02-00415-CV, 121 S.W.3d 862, 11-20-03)
unopposed motion to dismiss motion for rehearing granted

THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:

05‑0126          

THE CITY OF ROCKWALL, TEXAS v. VESTER T. HUGHES, AS SOLE INDEPENDENT EXECUTOR OF THE
ESTATE OF W. W. CARUTH, DECEASED; from Rockwall County; 5th district (05‑04‑01562‑CV, 153 SW3d
709, 01‑20‑05)

06‑0868          

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURG, PA v. BEATRICE CROCKER; 5th district


ORDERS ON CASES GRANTED

THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:

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: The date and time for oral argument are yet to be determined.]

07‑0533          

DAIMLERCHRYSLER CORPORATION v. YVONNE MORAN, INDIVIDUALLY, AS NEXT FRIEND OF AUTUMN
RHAE MORAN, AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF BART MORAN, DECEASED;
AND ALLIEDSIGNAL, INC.; from Nueces County; 13th district (13‑00‑00537‑CV, 231 SW3d 16, 05‑17‑07)
[Note: The date and time for oral argument are yet to be determined.]         

ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

07‑0366          

THE STATE OF TEXAS v. MARLIN DEANDRE HOUSE; from Harris County; 14th district (14‑05‑01273‑CV,
___ SW3d ___, 02‑20‑07)

07‑0468          

KATHERINE BEAM HOOPER DVORAK v. CATHEY E. WILSON, BENNY WILSON AND RMCVANGUARD
MORTGAGE CORPORATION; from Bandera County; 4th district (04‑06‑00276‑CV, 288 SW3d 228,
04‑25‑07)

07‑0820          

PETER J. PARENTI v. KINSEY MOBERG; from Bexar County; 4th district (04‑06‑00497‑CV, ___ SW3d
___, 05‑30‑07)
as redrafted

07‑0866          

STATE OF TEXAS v. FIESTA MART, INC.; from Harris County; 14th district (14‑06‑00826‑CV, ___ SW3d
___, 07‑03‑07)

07‑0903          

JASON COVINGTON v. CLARENCE JENSEN; from Shelby County; 10th district (10‑06‑00159‑CV, ___
SW3d ___, 08‑08‑07)

07‑0923          

LANDRY'S SEAFOOD HOUSE-ADDISON, INC., ET AL. v. DARYL N. SNADON; from Dallas County; 5th
district (05‑05‑01577‑CV, 233 SW3d 430, 07‑13‑07)

07‑0949          

DALLAS COUNTY, TEXAS v. FLORECE COUTEE, ET AL.; from Dallas County; 5th district
(05‑06‑01695‑CV, 233 SW3d 542, 08‑28‑07)

07‑0950          

TAMMIE KAY LEE v. WILLIAM A. BOOTHE, M.D., D/B/A BOOTHE EYE CARE AND LASER CENTER; from
Collin County; 5th district (05‑06‑00776‑CV, 235 SW3d 448, 10‑03‑07)

07‑0961          

PARADIGM OIL, INC., PACIFIC OPERATORS, INC., AND PACIFIC OPERATORS OF TEXAS, INC. v.
RETAMCO OPERATING, INC.; from Bexar County; 4th district (04‑06‑00108‑CV, 242 SW3d 67, 08‑29‑07)

07‑0988          

WOODY K. LESIKAR, AS TRUSTEE OF THE WOODROW V. LESIKAR FAMILY TRUST, TRUSTEE OF THE
WOODY K. LESIKAR SPECIAL TRUST, AND INDEPENDENT EXECUTOR OF THE ESTATE OF WOODROW
V. LESIKAR v. CAROLYN ANN LESIKAR MOON, INDIVIDUALLY AND AS TRUSTEE OF THE CAROLYN ANN
LESIKAR MOON SPECIAL TRUST; from Brazoria County; 14th district (14‑05‑01246‑CV, 237 SW3d 361,
07‑10‑07)

07‑0995          

HB TURBO, L.P. v. TURBONETICS ENGINEERING & SERVICES, INC.; from Nueces County; 13th district
(13‑06‑00083‑CV, ___ SW3d ___, 06‑07‑07)

07‑1008          

HERITAGE OAKS WEST RETIREMENT VILLAGE, ET AL. v. EUGENIA GINGER SIKES, ET AL.; from Navarro
County; 10th district (10‑06‑00176‑CV, 238 SW3d 807, 09‑26‑07)

07‑1039          

THE EVEREST GROUP, L.L.C. v. SAMUEL DABNEY WARE; from Dallas County; 5th district
(05‑05‑01575‑CV, 238 SW3d 855, 10‑19‑07)

07‑1071          

HAMID POUYA v. ZAPA INTERESTS, INC., SAMUEL F/K/A/ "SAEED" AFSAHI, KAVEH SRDASHTI AND
PARVIZ ZAVAREH; from Bastrop County; 3rd district (03‑07‑00059‑CV, ___ SW3d ___, 08‑31‑07)

08‑0031          

LIGHTHOUSE ELECTRICAL CONTRACTORS, L.P. v. ROBERT J. KILLEEN; from Bexar County; 4th
district (04‑06‑00780‑CV, ___ SW3d ___, 11‑14‑07)

08‑0039          

CYNTHIA M. SCOTT v. HOUSTON COMMUNITY COLLEGE SYSTEM, BRUCE LESLIE, DIANA CASTILLO,
AND REYNALDO GARAY; from Harris County; 14th district (14‑07‑00040‑CV, ___ SW3d ___, 11‑29‑07)

08‑0078          

DAVID DIAZ MONTEZ v. MARYLINDA RIOS, INDIVIDUALLY AND AS TRUSTEE OF THE KANDO
CHILDREN'S TRUST AND KANDO CHILDREN'S TRUST NO. 2, AND LAURIE PATRICIA MONTEZ,
INDIVIDUALLY AS TRUSTEE OF THE KANDO CHILDREN'S TRUST; from Bexar County; 4th district
(04‑07‑00089‑CV, ___ SW3d ___, 12‑12‑07)

08‑0080          

IRIS REYES-SOTO v. INTERNATIONAL MEDICAL GROUP, INC. AND SIRIUS INTERNATIONAL; from Harris
County; 14th district (14‑05‑00956‑CV, ___ SW3d ___, 04‑03‑07)

08‑0136          

JOHN KAPPUS v. SANDRA L. KAPPUS; from Anderson County; 12th district (12‑06‑00233‑CV, 242
SW3d 182, 11‑30‑07)

08‑0145          

CURTIS S. COLE v. ERNESTINE HOGAN; from Harris County; 1st district (01‑06‑00477‑CV, ___ SW3d
___, 12‑20‑07)

THE FOLLOWING PETITION FOR REVIEW IS STRUCK PURSUANT TO TEXAS RULE OF
APPELLATE PROCEDURE 9.4(i):

08‑0138          

ESTATE OF JOHN A. TEINERT DECEASED, LAURANCE KRIEGEL, DESCENDENT, HEIR TO THE ESTATE;
from Coryell County; 10th district (10‑07‑00297‑CV, ___ SW3d ___, 01‑09‑08)
The Court strikes the petition for review with the following notations: "The petition violates Texas
Rules of Appellate Procedure 9.4(d), (h), 53.2(k)(1)(A) and (C) and is struck. Petitioner is ordered to
redraw; the redrawn petition is due to be filed April 14, 2008."

THE FOLLOWING PETITION FOR REVIEW IS DISMISSED FOR WANT OF JURISDICTION:

08‑0056          

MICHAEL WHITMIRE v. GREENRIDGE PLACE APARTMENTS; from Harris County; 1st district
(01‑06‑00963‑CV, ___ SW3d ___, 10‑04‑07)


ORDERS ON MOTIONS FOR REHEARING

THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE
DENIED:

06‑0391          

TEXAS PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION FOR PAULA INSURANCE
COMPANY, IMPAIRED INSURER v. NATIONAL AMERICAN INSURANCE COMPANY AND CLAYTON MARK
BECK; from Travis County; 3rd district (03‑05‑00401‑CV, 208 SW3d 523, 03‑31‑06)

07‑0277          

LUCILLE R. KELLEY v. TEXAS WORKFORCE COMMISSION, DIANE R. RATH, CHAIR, RON LEHMAN,
COMMISSIONER, RONALD G. CONGLETON, COMMISSIONER HUMBLE INDEPENDENT SCHOOL
DISTRICT, DR. MARY WIDMIER AND ALICIA BOSTON-MACE; from Harris County; 1st district
(01‑05‑01109‑CV, ___ SW3d ___, 12‑28‑06)

07‑0278          

LUCILLE R. KELLEY v. TEXAS WORKFORCE COMMISSION, DIANE R. RATH, CHAIR, RON LEHMAN,
COMMISSIONER, RONALD G. CONGLETON COMMISSIONER, HUMBLE INDEPENDENT SCHOOL
DISTRICT, DR. MARY WIDMIER AND ALICIA BOSTON-MACE; from Harris County; 1st district
(01‑05‑01110‑CV, ___ SW3d ___, 12‑28‑06)

07‑0388          

WASTE MANAGEMENT HOLDINGS, INC. (F/K/A WASTE MANAGEMENT, INC.) AND WASTE MANAGEMENT
OF TEXAS, INC. v. TEXAS DISPOSAL SYSTEMS LANDFILL, INC.; from Travis County; 3rd district
(03‑03‑00631‑CV, 219 SW3d 563, 04‑03‑07)
2 motions for rehearing  (Justice Hecht not sitting)

07‑0411          

TEXAS STATE BANK, TRUSTEE OF THE GUERRA MINERAL TRUSTS, ET AL v. EL PASO OIL AND GAS U.S.
A., L.P., ET AL; from Starr County; 4th district (04‑05‑00673‑CV, ___ SW3d ___, 03‑14‑07)

07‑0564          

MAURICE ROBERT MILLER, JR. v. STANTON CLARK PACKARD, M.D.; from Moore County; 7th district
(07‑06‑00454‑CV, ___ SW3d ___, 05‑31‑07)

07‑0621          

IN THE INTEREST OF D.N.C., A CHILD; from Harris County; 1st district (01‑04‑01232‑CV, 227 SW3d 799,
12‑21‑06)

07‑0622          

IN THE INTEREST OF T.L.J. AND T.B.J., CHILDREN; from Harris County; 1st district (01‑04‑01233‑CV,
227 SW3d 799, 12‑21‑06)

07‑0623          

IN THE INTEREST OF T.J.C. AND T.D.C., CHILDREN; from Harris County; 1st district (01‑05‑00124‑CV,
227 SW3d 799, 12‑21‑06)

07‑0624          

IN THE INTEREST OF E.D.C., A CHILD; from Harris County; 1st district (01‑05‑00126‑CV, 227 SW3d 799,
12‑21‑06)

07‑0625          

IN THE INTEREST OF J.D.M., A CHILD; from Harris County; 1st district (01‑05‑00127‑CV, 227 SW3d 799,
12‑21‑06)

07‑0729          

JEFFREY WEISS v. JP MORGAN CHASE BANK, N.A. F/K/A MORGAN GUARANTY TRUST COMPANY OF
NEW YORK; from Dallas County; 5th district (05‑06‑00940‑CV, ___ SW3d ___, 07‑20‑07)

07‑0905          

EDUARDO P. LENTINO M.D., INDIVIDUALLY, EDUARDO P. LENTINO M.D., ASSIGNEE OF JORGE A.
LENTINO M.D. AND MARTA A. LENTINO v. FROST NATIONAL BANK F/K/A CULLEN CENTER BANK AND
TRUST; from Harris County; 14th district (14‑05‑01179‑CV, ___ SW3d ___, 08‑02‑07)

07‑1000          

ERIC GANT v. GRAND PRAIRIE FORD, L.P.; from Tarrant County; 2nd district (02‑06‑00386‑CV, ___
SW3d ___, 07‑19‑07)

THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE
DENIED:
07‑0571          

IN RE SATTERFIELD & PONTIKES CONSTRUCTION, INC.; from Duval County; 4th district
(04‑07‑00301‑CV, ___ SW3d ___, 06‑20‑07) (Justice Medina not sitting)

08‑0104          

IN RE ROSEMARY MARTINEZ; from Galveston County; 1st district (01‑07‑01090‑CV, ___ SW3d ___,
01‑10‑08)

MISCELLANEOUS

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS WITHDRAWN:

08‑0197          

IN RE MICHAEL IRVIN; from Denton County; 2nd district (02‑08‑00056‑CV, ___ SW3d ___, 03‑05‑08)
relator's motion to withdraw petition for writ of mandamus granted

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS TRANSFERRED TO THE COURT
OF CRIMINAL APPEALS:

08‑0137          

IN RE EDWARD B. LYON, JR.; from Bowie County; 6th district (06‑05‑00142‑CV, ___ SW3d ___,
02‑22‑06)
petition for writ of quo warranto, being treated as petition for writ of mandamus, transferred

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

08‑0166          

IN RE THE OFFICE OF THE ATTORNEY GENERAL; from Collin County; 5th district (05‑08‑00208‑CV, ___
SW3d ___, 02‑28‑08)

08‑0228          

IN RE CAROL JOHNENE MORRIS; from Midland County; 11th district (11‑07‑00357‑CV, ___ SW3d ___,
01‑10‑08)

08‑0235          

IN RE CAROL JOHNENE MORRIS; from Midland County; 11th district (11‑07‑00368‑CV, ___ SW3d ___,
01‑10‑08)

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED AS MOOT:
07‑0514          

IN RE JENNIFER ROCHA; from Hidalgo County; 13th district (13‑07‑00275‑CV, ___ SW3d ___, 05‑18‑07)
as amended
relator's motion for costs denied
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