2008 Texas Supreme Court Mandamus Opinions Also see --> 2009 Texas Supreme Court Mandamus Rulings In Re Global Santa Fe Corp., No. 07-0040 (Tex. 2008) (Willett) (mandamus granted) (silica litigation, Jones Act preemption issues) IN RE GLOBALSANTAFE CORPORATION; from Harris County; 14th district (14-06-00625-CV, ___ SW3d ___, 12-19-06) The Court conditionally grants the petition for writ of mandamus. Justice Willett delivered the opinion of the Court. In Re G.E. Co., No. 07-0195 (Tex. Dec. 5, 2008) (Phil Johnson) (forum non conveniens mandamus granted, asbestos suit) IN RE GENERAL ELECTRIC COMPANY, ET AL.; from Harris County; 1st district (01-06-01105-CV, ___ SW3d ___, 03-02-07) stay order issued March 20, 2007, lifted The Court conditionally grants the petition for writ of mandamus. Justice Johnson delivered the opinion of the Court. (Justice O'Neill not sitting) In RE Transcontinental Realty Investors, Inc. No. 07-0608 (Tex. Nov. 14, 2008)(venue mandamus in condemnation suit, motion to transfer venue) IN RE TRANSCONTINENTAL REALTY INVESTORS, INC.; from Kaufman County; 5th district (05‑07‑00726‑CV, ___ SW3d ___, 07‑25‑07) Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. Per Curiam Opinion In RE Union Carbide Corp. No. 07-0987 (Tex. Nov. 14, 2008)(mandamus granted, severance, intervention disallowed) IN RE UNION CARBIDE CORPORATION; from Galveston County; 1st district (01-07-00707-CV, ___ SW3d ___, 10-25-07) Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. Per Curiam Opinion In Re Shondra Buster, No. 08-0125 (Tex. Nov. 14, 2008)(mandamus in HCLC case, expert report requirement) IN RE SHONDRA BUSTER, PERSONAL REPRESENTATIVE OF THE ESTATE OF JAMES BREWER; from Nacogdoches County; 12th district (12-06‑00349‑CV, 243 SW3d 848, 01‑16‑08) Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. Per Curiam Opinion In Re Next Financial Groups, Inc., No. 08-0192 (Tex. Nov. 14, 2008)(arbitration, employment) (arbitration securities broker's Sabine Pilot claim for wrongful termination) IN RE NEXT FINANCIAL GROUP, INC.; from Harris County; 14th district (14‑08‑00005‑CV, ___ SW3d ___, 03‑06‑08) stay order issued March 28, 2008, lifted Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. Per Curiam Opinion August 29, 2008 In re Poly-America, LP, No. 04-1049 (Tex. Aug. 29, 2008)(O'Neill) (arbitration in employment context, retaliatory discharge, mandamus review of order compelling arbitration) IN RE POLY-AMERICA, L.P., IND. AND D/B/A POL-TEX INTERNATIONAL, AND POLY-AMERICA GP, L.L.C.; from Chambers County; 1st district (01-03-01055-CV, 175 SW3d 315, 09-09-04) The Court conditionally grants the petition for writ of mandamus. Justice O'Neill delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice Wainwright, Justice Medina, Justice Green, and Justice Johnson joined. Justice Brister delivered a dissenting opinion. (Justice Willett not sitting) In Re McAllen Medical Center , No. 05-0892 (Tex. Aug 29, 2008)(Corrected Opinion by Brister) IN RE MCALLEN MEDICAL CENTER, INC., D/B/A MCALLEN MEDICAL CENTER AND UNIVERSAL HEALTH SERVICES, INC.; from Hidalgo County; 13th district (13-05-00441-CV, ___ SW3d ___, 10-05-05) real parties in interest's motion for oral argument denied corrected opinion issued In re Baylor Medical Center at Garland, No. 06-0491 (Tex. Aug. 29, 2008)(Brister)(HCLC, mandamus proceeding abated to afford new trial judge opportunity to reconsider issue of granting / ungranting new trial, plenary power) SEE --> subsequent decision In Re Baylor Medical Center at Garland (Tex 2009) IN RE BAYLOR MEDICAL CENTER AT GARLAND; from Dallas County; 5th district (05-05-01663-CV, ___ SW3d ___, 01-04-06) abatement order issued stay order issued The Court abates this cause pursuant to Texas Rule of Appellate Procedure 7.2. Justice Brister delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice O'Neill, Justice Wainwright, Justice Green, Justice Medina, and Justice Willett joined. Justice Johnson delivered a dissenting opinion. (would address problem raised by the case through Court's rulemaking power) In re Kiberu, No. 07-0959 (Tex. Aug. 29, 2008)(per curiam)(presuit discovery mandamus) IN RE SIMON KIBERU AND HARRIS METHODIST H-E-B HOSPITAL; from Tarrant County; 2nd district (02-07-00312-CV, 237 SW3d 445, 11-01-07) stay order issued November 30, 2007, lifted Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. June 27, 2008 In Re Chambless, No. 07-0767 (Tex. 2008) (per curiam) (family law, grandparent visitation suit)(mandamus granted) IN RE STACY D. CHAMBLESS; from Tarrant County; 2nd district (02-07-00291-CV, ___ SW3d ___, 08-23- 07) stay order issued October 24, 2007, lifted Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. Per Curiam Opinion In re OAG, No. 08-0165 (Tex. 2008) (per curiam)(mandamus) (TRO against OAG void, set aside by mandamus) IN RE OFFICE OF THE ATTORNEY GENERAL; from Dallas County; 5th district (05-08-00208-CV, ___ SW3d ___, 02-28-08) stay order issued February 29, 2008, lifted Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. Per Curiam Opinion June 20, 2008 In Re Fleetwood Homes of Texas, LP, No. 06-0943 (Tex. June 20, 2008)(per curiam) (original proceeding) (motion to compel arbitration, no waiver found, mandamus granted) IN RE FLEETWOOD HOMES OF TEXAS, L.P. AND FLEETWOOD ENTERPRISES, INC.; from Walker County; 10th district (10-06-00312-CV, ___ SW3d ___, 10-25-06) Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. Per Curiam Opinion In re Lyon Financial Services, Inc., No. 07-0486 (Tex. June 20, 2008)(per curiam) (orig. proc.) (mandamus, forum selection clause enforced, motion to dismiss improperly denied) IN RE LYON FINANCIAL SERVICES, INC.; from Hidalgo County; 13th district (13-07-00269-CV, ___ SW3d ___, 05-31-07) Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. Per Curiam Opinion June 6, 2008 In Re Roberts, No. 05-0362 (Tex. Jun 6, 2008)(per curiam) (mandamus) (HCLC, expert report, court of appeals should not have contravened trial court on 30-day extension to fix expert report) IN RE SUSAN ROBERTS AND JOHN R. ROBERTS, JR., INDIVIDUALLY AND AS NEXT FRIENDS OF THEIR MINOR CHILDREN JAMIE ROBERTS, JOSHUA ROBERTS, AND HALEY ROBERTS; from Potter County; 7th district (07-04-00363-CV, ___ S.W.3d ___, 4-27-05) relators' motion for emergency relief denied Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. Per Curiam Opinion (Justice Johnson not sitting) In re Methodist Healthcare System of San Antonio, Ltd, No. 05-0575 (Tex. Jun 6, 2008)(per curiam) (mandamus) (HCLC, sufficiency of expert report, court below instructed to apply new mandamus standard) IN RE METHODIST HEALTHCARE SYSTEM OF SAN ANTONIO, LTD., D/B/A METROPOLITAN METHODIST HOSPITAL; from Bexar County; 4th district (04-05-00305-CV, ___ S.W.3d ___, 05-25-05) stay order issued September 16, 2005, lifted motion to consolidate dismissed as moot Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. Per Curiam Opinion May 30, 2008 May 29, 2008 - Opinion in CPS "class action" custody case against FLDS released In re TDFPS (CPS), No. 08-0391 (Tex. May 29, 2008)(per curiam) (CPS case against FLDS sect) IN RE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Schleicher County; 3rd district (03-08-00235-CV, ___ S.W.3d ___, 05-22-08) motion for emergency relief denied Per Curiam Opinion Justice O'Neill delivered an opinion concurring in part and dissenting in part, in which Justice Johnson and Justice Willett joined. In re Texas DFPS (CPS), No. 08-0403 (Tex. May 29, 2008)(per curiam) (CPS mass custody case) IN RE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Schleicher County; 3rd district (03-08-00298-CV, ___ S.W.3d ___, 05-22-08) motion for emergency relief denied motion to exceed page limit granted Per Curiam Opinion Justice O'Neill, joined by Justice Johnson and Justice Willett, concurring in part and dissenting in part for the reasons explained in Justice O'Neill's separate opinion in No. 08-0391. Opinions Issued May 23, 2008 In re Team Rocket, LP, No. 06-0414 (Tex. May 23, 3008)(Opinion by Justice Paul Green)(mandamus granted)(mandamus granted to enforce first transfer of venue, nonsuit and refiling in third county disapproved) IN RE TEAM ROCKET, L.P., MLF AIRFRAMES, INC., AND MARK L. FREDERICK; from Fort Bend County; 14th district (14-06-00136-CV, ___ S.W.3d ___, 04-25-06) stay order issued June 13, 2006, lifted The Court conditionally grants the petition for writ of mandamus. Justice Green delivered the opinion of the Court. Justice Wainwright delivered a concurring opinion, in which Chief Justice Jefferson and Justice O'Neill joined. Opinions Handed Down May 16, 2008 In Re McAllen Medical Center, Inc., No. 05-0892 (Tex. May 16, 2008) (Majority Opinion by Scott Brister) (mandamus relief available to compel dismissal of medical malpractice suits, HCLC) IN RE MCALLEN MEDICAL CENTER, INC., D/B/A MCALLEN MEDICAL CENTER AND UNIVERSAL HEALTH SERVICES, INC.; from Hidalgo County; 13th district (13-05-00441-CV, ___ S.W.3d ___, 10-05-05) real parties in interest's motion to abate dismissed as moot relators' unopposed motion for partial dismissal granted real parties in interest's motion to seal document granted relators' motion to seal motion exhibits and restrict review to in camera inspection only granted The Court conditionally grants the petition for writ of mandamus. Justice Brister delivered the opinion of the Court, in which Justice Hecht, Justice Medina, Justice Green, Justice Johnson and Justice Willett joined. Justice Wainwright delivered a dissenting opinion, in which Chief Justice Jefferson and Justice O'Neill joined. In Re CitiGroup Global Markets, Inc., No. 06-0886 (Tex. May 16, 200)(per curiam)(arbitration compelled, no waiver found) IN RE CITIGROUP GLOBAL MARKETS, INC. (F/K/A SALOMON SMITH BARNEY, INC.), CITIGROUP, INC., AND STACY OELSEN; from Dallas County; 5th district (05-05-01430-CV, 200 S.W.3d 742, 06-28-06) stay order issued November 21, 2006, lifted Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. Per Curiam Opinion May 2, 2008 Opinions April 11, 2008 Opinions Released by the Texas Supreme Court April 4, 2008 Texas Supreme Court Decisions with Opinions March 28, 2008 Texas Supreme Court Opinions In Re Jorden, M.D., No. 06-0369 (Tex. Mar. 28, 2008)(Brister) (HCLC, MedMal, permissibility of presuit discovery, Rule 202 deposition) IN RE JACK JORDEN, M.D., ET AL.; from Smith County; 12th district (12-06-00040-CV, 191 S.W.3d 483, 04- 27-06) relators' joint motion for emergency temporary relief dismissed as moot The Court conditionally grants the petition for writ of mandamus. Justice Brister delivered the opinion of the Court. Justice O'Neill delivered a concurring opinion In Re Bazan, No. 06-0952 (Tex. Mar. 28, 2008)(Medina)(mandamus) (removal of local official based on conviction) IN RE EDUARDO "WALO" GRACIA BAZAN; from Hidalgo County; 13th district (13-06 00616-CR, ___ S.W.3d ___, 11-01-06) stay order issued November 30, 2006, lifted The Court denies the petition for writ of mandamus. Justice Medina delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice O'Neill, Justice Wainwright, Justice Brister, Justice Green, and Justice Johnson joined. Justice Willett delivered a concurring opinion. in In Re Bazan, No. 06-0952 (Tex. Mar. 28, 2008) February 29, 2008 - Supreme Court releases one per curiam opinion February 22, 2008 - New opinion by Justice Medina issued, original opinion withdrawn February 15, 2008: Supreme Court speeds up opinion release February 8, 2008: Supreme Court releases one opinion in consolidated parental rights termination cases February 1, 2008 Opinions released by the Tex. Sup. Ct. January 25, 2008 Texas Supreme Court Opinions In re BP Products North America, Inc., No. 07-0119 (Tex. Jan. 25, 2008)(Gaultney, sitting by assignment) (discovery dispute, apex deposition, Rule 11 agreement, motion to quash notice of deposition, protective order, discovery mandamus granted) IN RE BP PRODUCTS NORTH AMERICA, INC.; from Galveston County; 1st district (01-06-00943 CV, ___ S. W.3d ___, 02-09-2007) Opinion below: In re BP Products North America Inc., (Tex.App.- Houston [1st Dist.] Feb. 9, 2007)(per curiam) motion to dismiss mandamus as moot, denied stay order issued February 22, 2007, lifted The Court conditionally grants the petition for writ of mandamus. [Trial court judge: Susan Criss] Justice Gaultney delivered the opinion of the Court. (Justice Gaultney sitting by commission pursuant to Section 22.005 of the Texas Government Code) (Justice O'Neill not sitting) In Re Torry, No. 08-0057 (Tex. Jan. 25, 2008)(per curiam) (election mandamus against Democratic Party chair) IN RE LARHONDA TORRY; 1st district (01-08-00031 CV, ___ S.W.3d ___, 01-18-2008) motion for temporary relief dismissed as moot Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. January 11, 2008 Texas Supreme Court Opinions Jan. 4, 2008 - Texas Supreme Court issues first opinion of the year Addresses procedural issue re: post-judgment motions In Re Brookshire Grocery Co., No. 05-0300 (Tex. Jan. 4, 2008)(mandamus) (Opinion by Wallace Jefferson) (appellate procedure, posttrial motions, procedure, extension of trial court's plenary jurisdiction) IN RE BROOKSHIRE GROCERY COMPANY; from Wood County; 6th district (06-05-00033-CV, 160 S.W.3d 288, 03/25/05) The Court denies the petition for writ of mandamus. Chief Justice Jefferson delivered the opinion of the Court, in which Justice O'Neill, Justice Medina, Justice Johnson, and Justice Willett joined. Justice Hecht delivered a dissenting opinion, in which Justice Wainwright, Justice Brister, and Justice Green joined. |
2008 TEXAS SUPREME COURT CASES
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DECIDED WITH OPINIONS
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