TEXAS SUPREME COURT
ORDERS APRIL 2008
(orders without opinions)
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
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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