TEXAS SUPREME COURT
PETITIONS FOR REVIEW DENIED
APRIL 2008
PETITIONS FOR REVIEW DENIED
APRIL 2008
RECENT TEXAS SUPREME COURT
DECISIONS - DISPOSITIONS
Petitions for Review denied by Tex. Sup. Ct. in January 2008
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Most recent Petitions for Review denied by the Texas Supreme Court
PDF DENIALS - APRIL 2008
Petitions for Review Denied by the Texas Supreme Court April 25, 2008
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, pet. denied April 2008) (frivolous suit dismissal)
Edwin H. Witherspoon appeals the trial court's judgment dismissing his suit against several Texas Department
of Criminal Justice employees on the ground the claims were frivolous. Because we conclude Witherspoon's
claims have no arguable basis in law, we affirm.
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, pet. denied April 2008)
petition / motion for attorney fees as pro se litigant denied (no appellate brief filed)
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, pet. denied April 2008) (DWOP, failure to pay fee)
Because appellant has failed to pay the filing fee required to pursue this appeal, the appeal is dismissed.
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, pet. denied April 2008)(breach of contract, damages, attorney's fees)
The trial court's judgment on the merits of the breach of contract claim and award of attorney's fees is affirmed.
The judgment is reversed as to the amount of damages awarded, and remanded to the trial court for the sole
purpose of recalculating the amount of damages due to TRC and Home State. The damages are to be
calculated using the methodology previously employed by the court, but with the amount of the incurred loss
substituted in the calculation in place of the amount of reasonable loss.
Petitions Denied by Texas Supreme Court on April 18, 2008
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, pet. denied April 2008)(juvenile law, appointment of counsel, DNA testing, jurisdictional dismissal)
In this case of first impression, R.J.M. appeals the juvenile court’s order denying his motion to appoint counsel
to assist him in filing a motion for DNA testing under chapter 64 of the Texas Code of Criminal Procedure. We
hold an order of this nature by a juvenile court is not appealable and therefore dismiss this appeal for lack of
jurisdiction.
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, pet denied April 2008) (HCLC, motion to dismiss)
Dr. Mark S. Maxwell filed this interlocutory appeal from the trial court's order denying his motion to dismiss the
health care liability claims of David and Juanita Elkins. We affirm.
07-0497 THE CADLE COMPANY AND CADLEWAY PROPERTIES, INC. v. MARY ESTER ORTIZ AND DAVID
ORTIZ; (Dissenting Opinion) from Calhoun County; 13th district (13-06-00282-CV, 227 SW3d 831, 05-17-07,
pet. denied April 2008) (wrongful foreclosue, mechanics lien, attorneys fees, homestead law)
This appeal arises from a wrongful foreclosure lawsuit. Mary Ester Ortiz and David Ortiz, appellees, obtained a
judgment invalidating a lien on their homestead held by The Cadle Company and Cadleway Properties, Inc.
("Cadle"), appellants. The trial court declared a wrongful foreclosure and also awarded the Ortizes attorneys'
fees. The issues presented are (1) whether a mechanic's lien against a marital homestead is valid if the lien
documents are not signed by both spouses, and (2) whether attorneys' fees are available in a foreclosure case
wherein title ultimately depends upon a deed's construction. We hold that the mechanic's lien is invalid, and
attorneys' fees are available. Accordingly, we affirm the district court's judgment on both issues.
07-0744 HIBERNIA NATIONAL BANK, SUANNE EISEN LUBIN, AND DAN EISEN v. ELIZABETH EISEN; (with
dissenting opinion by Justice Gaultney) from Jefferson County; 9th district (09-06-00491-CV, 232 SW3d 309,
08-02-07, pet. denied April 2008)
07-0888 DARYL DAVIS v. RANGER CONVEYING & SUPPLY COMPANY; from Harris County; 1st district
(01-05-00128-CV, ___ SW3d ___, 07-26-07, pet. denied April 2008) as corrected )(PI injury, marketing defect,
1.6 mil jury award reversed, take-nothing judgment rendered)
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, pet denied April 2008)(ad valorem property tax case)
07-0955 DORIS POLLARD v. WALGREEN CO. AND MICHAEL BARNES; from Jefferson County; 9th district
(09-06-00447-CV, ___ SW3d ___, 09-06-07, pet. denied April 2008) (HCLC pharmacist, no expert report)
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, pet. denied April 2008)(HCLC, motion to dismiss denied)
Appellant Richard J. Hare, M.D. asserts that the trial court erred by denying his motion to dismiss with prejudice
a lawsuit filed by Betty Reed Grahan, Individually and as Surviving Spouse and Representative of the Estate of
Lee Graham. We affirm.
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, pet denied April 2008)(arbitration in family law case)
This appeal involves the trial court's decisions regarding an arbitration that occurred within the context of a
complex divorce. Appellant and cross-appellee, Jo Ann Geurin Pettus, appeals the part of the trial court's
divorce decree allowing a pending arbitration proceeding to continue after entry of the decree and the trial
court's subsequent judgment ordering Southern Bleacher Co., Inc.Ca closely held corporation that the trial
court awarded solely to Jo AnnCto pay arbitrators' fees and attorneys' fees to appellees and cross-appellants,
Curtis W. Martin, Charles E. Bearden, and Richard T. Sink. Appellees and cross-appellants, Marc Alloju,
Russell Deck, Joey Harrison, Baldo Navarez, Janice Roberts (all employees of Southern Bleacher), and Sherrill
Iverson Pettus (Jo Ann's ex-husband), appeal from the part of the trial court's judgment vacating the arbitrators'
decision. In addition, Martin, Bearden, and Sink (the arbitrators) appeal the rate of pre- and post-judgment
interest awarded by the trial court on their award of arbitrators' and attorneys' fees. We reverse and remand
the part of the judgment awarding pre- and post-judgment interest, but we affirm the remainder of the judgment.
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, pet. denied April 2008)(juvenile law)
After a trial on the merits, a jury found that F.M. had engaged in delinquent conduct by committing the offenses
of aggravated kidnaping and aggravated sexual assault. The trial court entered its order of disposition and
sentenced F.M. to a twenty-year determinate sentence at the Texas Youth Commission, with the possibility of
transfer to the Institutional Division of the Texas Department of Criminal Justice (“TDCJ”). On October 1, 1993,
the trial court ordered that F.M. be transferred to TDCJ for the remainder of his sentence. In 2006, F.M. filed
several motions in the trial court, including a motion to reduce his sentence. After a hearing, the trial court
granted F.M.’s motion to reduce sentence, reducing his sentence from twenty to fourteen years, and the State
filed its notice of appeal.
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, pet denied April 2008)(PI) as
redrafted
Carl Burleson filed a personal injury suit against Sharp Image Energy, Inc. and West Texas Energy Services, L.
L.C. The trial court granted separate motions for summary judgment filed by Sharp and by West Texas. We
affirm.
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, pet. denied April 2008) (deed restrictions, UDJA)
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, pet. denied April 2008) as redrafted (public employment,
schools, declaratory judgment, DJA)
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, pet.
denied April 2008)(PI, negligence, premises, actual vs. apparent agency, respondeat superior)
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, pet. denied April 2008) (Rule 11 Agreement, attorney's
fees immunity) 2 petitions
This is an appeal from a summary judgment ordering that Dallas County, Texas take nothing on its claims
against Rischon Development Corporation and John Hawkins and awarding Rischon damages and other relief
on its counterclaim. In its first issue, the County challenges the trial court's construction and enforcement of an
agreement the parties filed with the trial court pursuant to rule 11 of the Texas Rules of Civil Procedure. In its
second issue, the County complains about the denial of its motion for leave to file pleadings deemed untimely
pursuant to the rule 11 agreement. After examining the record, we conclude the County's first two issues are
without merit. We further conclude our resolution of these two issues makes it unnecessary to address the
County's remaining issues. Appellees have brought a cross-issue complaining about the trial court's failure to
award attorney's fees under sections 17.50 and 27.01 of the Texas Business and Commerce Code. Because
the legislature has not waived the County's immunity from suit with respect to these sections, we resolve
appellees' cross-issue against them. We affirm the trial court's judgment.
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, pet. denied April 2008)
(workers comp)
Plaintiffs alleged that Mobil schemed to deprive appellants of their common-law causes of action for work-
related injuries by fraudulently representing to its employees that it carried workers' compensation insurance,
when Mobil actually had a cash-flow retrospective plan pursuant to side agreements with its insurance carriers.
(2) Plaintiffs asserted causes of action for fraudulent inducement, commercial bribery, securing execution of a
document by deception, breach of the duty of good faith and fair dealing, violations of article 21.21 of the
Texas Insurance Code, breach of contract, civil conspiracy, and common law fraud. (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, pet. denied April 2008)
(car crash injury, affirmative defense of release)
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, pet. denied April 2008) (Dissent)
(declaratory judgment UDJA, DJA, liquor license, sale of alcoholic beverages within 300 feet of a public or
private school)
Petitions for Review Denied 11, 2008 by the Texas Supreme Court
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, pet. denied April 2008) respondent's motion to substitute
counsel granted (HCLC, qualifications of expert for expert report)
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, pet. denied April 2008, pet denied April 2008)
(PI, no cause of action) respondents' motion to dismiss, dismissed as moot
This is an appeal by Nancy Braus, the mother of Dominic Braus, an adult who was injured in the collapse of the
bonfire being built on the Texas A&M campus in 1999. As a result of that catastrophic event, many lawsuits
were filed. One of those suits is now the subject of this appeal. While the suit was pending, the Texas
Supreme Court decided Roberts v. Williamson, 111 S.W.3d 113 (Tex. 2003). In Roberts, the Texas Supreme
Court held that a parent does not have a claim which can be asserted against those alleged responsible for the
injuries to an adult child. As a result of that holding, the trial court, either by summary judgment motion or by
motion to dismiss, has disposed of Nancy Braus’s claims for the injuries to her adult son as a result of the
collapse.
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, pet. denied April 2008)(pro se, fraudulent
procurement of plea agreement)
Jason Blakeney, an inmate of the Texas Department of Criminal Justice-Institutional Division, filed a pro se civil
suit in the Fourth Judicial District Court of Rusk County, Texas. Blakeney's original petition was filed June 28,
2006, and named Bill Saban and Kyle Freeman, former prosecuting attorneys of the Rusk County District
Attorney's Office, as well as the State of Texas, as defendants. Blakeney's lawsuit alleged that, among other
things, the defendants used fraud, deception, and undue influence to get him to enter into negotiated plea
agreements on three criminal charges. (1) Thus, Blakeney sought to have the trial court (a) rescind the plea
agreements and/or (b) enjoin the above-named defendants from enforcing the terms of his plea agreements in
the three criminal cases.
07-1041 TIMOTHY J. CARPENTER; MERVIN G. SCHAEFER; JAMES P. MALONEY; OLDCOSY CORP.; HENRY
J ACKSON; 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, pet. denied April 2008)
(appeal from order granting special appearance)
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, pet. denied April 2008)(false imprisonment, IIED, malpros)
Appellant Martina Ogg brought an action against Dillard's, a department store, for assault, false imprisonment,
intentional infliction of emotional distress, invasion of privacy, negligence, and malicious prosecution. Appellant
contends the trial court erred in granting summary judgment in favor of Dillard's and dismissing her claims. We
affirm the trial court's judgment.
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, pet. denied April 2008 )
(motion to reinstate, DWOP dismissal affirmed, lack of due diligence)
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, pet. denied April 2008) (motion for new trial denied)
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, pet. denied April 2008)
(workplace injury no material fact issue remains regarding the duty element of their negligence claim)
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, pet. denied April 2008)
(license suspension, refusal of alcohol test)
Vernon Hooker (1) appeals the suspension of his driver's license as a result of his refusal to take a test for
alcohol concentration after he was involved in a car accident in Montgomery County on May 17, 2006. We
affirm the trial court's judgment
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, pet. denied April 2008) (fire damage)
In this breach of contract and negligence suit, a building owned by Imperial Lofts, Ltd. (Lofts) was totally
destroyed by fire while leased to Imperial Woodworks, Inc. (Woodworks). Lofts sued Woodworks and ARCO
Metal Fabrication, Inc., Woodworks’ contractor that was working in the building when the fire began. A jury
found: (1) Woodworks failed to comply with the lease; (2) the negligence of Woodworks and ARCO equally was
a proximate cause of the fire; (3) the market value of the building was $535,000; and (4) Lofts also suffered
$37,500 as consequential damages for architectural fees.
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, pet. denied April 2008) (probate law, interpretation of the will)
Petitions for Review Denied April 4, 2008 by the Supreme Court
TH E 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, pet denied April 2008) (Dissenting Opinion)
(mental health commitment extension)
0 7-0468 KAT HERINE 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, pet. denied April 2008)(judgement liens, enforcement, lien, abstract of judgment)
In this case, we are asked to determine whether an abstract of judgment indexed in local property records by a
judgment creditor was sufficient to establish an enforceable judgment lien against the judgment debtor's real
property when the creditor identified the debtor in the abstract of judgment only by her maiden name, and not
by her married name, which is the name in which the debtor holds title to the property at issue. Under the
specific facts of this case, we hold that the abstract of judgment filed by the creditor did not create an
enforceable judgment lien; therefore, we reverse the trial court's judgment and render judgment in favor of the
appellants/cross-appellees, Cathey and Benny Wilson and RMCVanguard Mortgage Corporation.
07-0820 PETER J. PARENTI v. KINSEY MOBERG; from Bexar County; 4th district
(04-06-00497-CV, ___ SW3d ___, 05-30-07, pet. denied April 2008) as redrafted
(breach of fiduciary duty, res judicata, attorney's fees as damages, exemplary damages cap)
07-0866 STATE OF TEXAS v. FIESTA MART, INC.; from Harris County; 14th district
(14-06-00826-CV, ___ SW3d ___, 07-03-07, pet. denied April 2008)(condemnation, inverse condemnation
claim, impaired access, relocation benefit, exhaustion of administrative remedies, lease holder)
07-0903 JASON COVINGTON v. CLARENCE JENSEN; from Shelby County; 10th district
(10-06-00159-CV, ___ SW3d ___ , 08-08-07, pet. denied April 2008) (real estate transaction, conveyance,
redemption, quitclaim deed).
Clarence Jensen sued Jason Covington to compel him to convey the interest Covington had acquired as the
purchaser in a tax sale of Jensen’s real property. Jensen contended that he had tendered, or attempted to
tender, the price required to redeem the property under section 34.21 of the Texas Tax Code, but that
Covington thwarted his redemption attempt. Jensen requested a declaratory judgment that (1) his tender of
the redemption price was sufficient, (2) determined the redemption price, and (3) required Covington to
execute a deed conveying the property to Jensen. Covington claimed that Jensen did not make an effective
tender in a timely manner. After a bench trial, the court ruled that Jensen had not redeemed the property and
entered a take-nothing judgment. Presenting thirteen issues, Jensen appeals. We will reverse and remand.
We reverse the trial court’s judgment and remand the case to the trial court for proceedings consistent with this
opinion, including a redetermination of the redemption price, including whether Covington should be allowed to
recover his expenses at all, and entry of such orders as necessary to require Jensen to tender the correct
redemption price for a quitclaim deed executed by Covington in a manner designated by the trial court.
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, pet. denied April 2008)(commercial lease)
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, pet. denied April 2008)(TTCA plea to the jurisdiction properly
denied, vehicular accident damages PI, written notice of suit)
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, pet. denied April 2008)
(HCLC, failure to file required expert report)
The trial court below dismissed appellant Tammie Kay Lee's claims because she failed to file an expert report
as required by chapter 74 of the Texas Civil Practice and Remedies Code. Lee contends the trial court erred in
dismissing her claims because they were not health care liability claims and, therefore, not subject to the expert
report requirement of chapter 74. After reviewing the record, we conclude the trial court properly dismissed
Lee's claims. We affirm the trial court's judgment.
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, pet.
denied April 2008)(limitations) (unliquidated damages, proof of damages)
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, pet. denied April 2008) (probate, trust, estate, executor)
07-0995 HB TURBO, L.P. v. TURBONETICS ENGINEERING & SERVICES, INC.; from Nueces County; 13th
district (13-06-00083-CV, ___ SW3d ___, 06-07-07, pet. denied April 2008) (trade secret misappropriation,
unfair competition)
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, pet. denied April 2008)
(arbitration award challenge, lacking agreement to arbitrate)
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, pet. denied April 2008)
(domestication of foreign judgment reversed, post-judgment interest rate of 18%)
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, pet. denied
April 2008)(receivership)
On May 7, 2006, the district court granted appellant Hamid Pouya's motion to appoint a rehabilitating
receivership for appellee Zapa Interests, Inc. See Tex. Bus. Corp. Act Ann. art. 7.05(A) (West 2003). Eight
months later, on January 10, 2007, the same court denied Pouya's motion to terminate the receivership. See
id. art. 7.05(B). Pouya now appeals the order, (1) arguing that the district court erred in refusing to terminate
the receivership. We will affirm the district court's order.
Because the conditions necessitating the receivership have not been remedied, the district court did not abuse
its discretion in denying Pouya's motion to terminate the receivership. Accordingly, we overrule Pouya's point of
error.
08-0031 LIGHTHOUSE ELECTRICAL CONTRACTORS, L.P. v. ROBERT J. KILLEEN; from Bexar County; 4th
district (04-06-00780-CV, ___ SW3d ___, 11-14-07, pet. denied April 2008) (venue challenge, existence
elements of contract, breach of settlement agreement) Because a fact issue exists regarding the formation of
the contract, the trial court erred in granting summary judgment. We, therefore, reverse the order of the trial
court and remand for proceedings consistent with this opinion.
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, pet. denied April 2008) (public employment disputes, breach of employment contract, defamation, IIED,
WBA)
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, pet. denied April 2008)(probate matter, wills and trusts,
res judicata doctrine, due process)
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, pet. denied April 2008)
(medical insurance claim denial, rescission of insurance contract)
08-0136 JOHN KAPPUS v. SANDRA L. KAPPUS; from Anderson County; 12th district
(12-06-00233-CV, 242 SW3d 182, 11-30-07, pet. denied April 2008)
(probate dispute, independent executor of estate and trustee of testamentary trust)
08-0145 CURTIS S. COLE v. ERNESTINE HOGAN; from Harris County; 1st district
(01-06-00477-CV, ___ SW3d ___, 12-20-07, pet. denied April 2008) (probate case, lost will)
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