Petitions for Review denied by the Tex. Sup. Ct.
TEXAS SUPREME COURT
PETITIONS FOR REVIEW DENIED

RECENT TEXAS SUPREME COURT
DECISIONS ON THE WEB - DISPOSITIONS

PFRs DENIED AUGUST 2008

Petitions for Review denied by Tex. Sup. Ct. in January 2008  
Petitions for Review denied by Tex. Sup. Ct. in February 2008
Petitions for Review denied by Tex. Sup. Ct. in March 2008   
Petitions for Review denied by Tex. Sup. Ct. in April 2008
Petitions for Review denied by Tex. Sup. Ct. in May 2008  
Petitions for Review denied by Tex. Sup. Ct. in June 2008
Petitions for Review denied by the Texas Supreme Court July 2008  
Petitions for Review denied by the Texas Supreme Court August 2008
Petitions for Review denied by the Texas Supreme Court in September 2008  
Petitions for Review denied by the Texas Supreme Court in October 2008  
Petitions for Review denied by the Texas Supreme Court in November 2008
Petitions for Review denied by the Texas Supreme Court in December 2008
Most recent Petitions for Review denied by the Texas Supreme Court


Petitions for Review Denied on August 29, 2008

THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED:

07-0425
MCKINNEY INDEPENDENT SCHOOL DISTRICT v. CARLISLE GRACY LTD. AND GORDON M. GRIFFIN, JR.
REVOCABLE TRUST; from Collin County; 5th district (
05-05-00625-CV, 222 SW3d 878, 04-24-07, pet. denied Aug.
2008)(
condemnation case)

07-0457  
LINDA THOMAS, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DAMON HOLLIMON,
DECEASED AND ASHLEY DOMINQUE HOLLIMON, INDIVIDUALLY v. GLENDA PIERSON; from Walker County; 1st
district (01-04-01084-CV, ___ SW3d ___, 04-19-07, pet denied Aug. 2008) (
TTCA, Texas Tort Claims Act, wrongful
death, prisoner killed by guards) as amended, as reinstated

07-0482  
STP NUCLEAR OPERATING COMPANY v. SUSAN COMBS, COMPTROLLER OF PUBLIC ACCOUNTS OF THE
STATE OF TEXAS, AND GREG ABBOTT, ATTORNEY GENERAL OF THE STATE OF TEXAS; from Travis County;
3rd district (03-06-00428-CV, 239 SW3d 264, 05-01-07, pet denied Aug. 2008)(
State regulation and taxation of
insurance activities)

07-0707  
FARMERS GROUP, INC., FARMERS UNDERWRITERS ASSOCIATION, FIRE UNDERWRITERS ASSOCIATION,
FARMERS INSURANCE EXCHANGE, AND FIRE INSURANCE EXCHANGE v. SANDRA GETER; from Jefferson
County; 9th district (09-05-00386-CV, ___ SW3d ___, 07-26-07, pet. denied Aug 2008) (Justice Willett not sitting)
This is the second interlocutory appeal arising from the certification of a class of homeowners' insurance
policyholders under Texas Rule of Civil Procedure 42(b)(2). In a previous opinion, Farmers Group Incorporated v.
Geter, No. 09-03-404-CV, 2004 WL 2365394, at *1 (Tex. App.--Beaumont Oct. 21, 2004, no pet.) (Farmers I), we
reversed and remanded in part. In issue one of that appeal, Farmers (1) asserted the trial court improperly certified
the class under Rule 42(b)(2). In reviewing the issue, we applied the principles enunciated in Compaq Computer
Corporation v. Lapray, 135 S.W.3d 657 (Tex. 2004). In resolving issue one we stated:

We find the trial court here did not examine the notice and opt-out issues as now required by La[p]ray, an
examination that could affect the class's composition. And, of course, the trial court has had no opportunity to
analyze the cohesiveness that will exist if the court orders notice and opt-out for the (b)(2) class members. Thus, we
reverse those parts of the trial court's judgment that determine Geter has carried her burden under Rule 42(b)(2).

07-0711  
DALLAS FIRE INSURANCE COMPANY v. PHOENIX ASSURANCE COMPANY OF NEW YORK; from Nueces County;
13th district (13-05-00065-CV, ___ SW3d ___, 02-15-07, pet. denied Aug. 2008) (judicial estoppel)
2 petitions  (Justice Green not sitting)
This appeal arises from a summary judgment granted in favor of appellee, Dallas Fire Insurance Company (Dallas
Insurance), and against appellant, Phoenix Assurance Company of New York (Phoenix Assurance), in a workers'
compensation case. (1) By four issues, Phoenix Assurance generally contends the trial court erred in granting
summary judgment in favor of Dallas Insurance. By its fifth issue, Phoenix Assurance asserts the trial court erred in
awarding Dallas Insurance loss adjusting expenses. We reverse and remand.

07-0731  
PHARR-SAN JUAN-ALAMO INDEPENDENT SCHOOL DISTRICT v. SANDRA ACOSTA; from Hidalgo County; 13th
district (13-07-00005-CV, 230 SW3d 277, 07-26-07, pet. denied Aug. 2008)(retaliation, immunity claim rejected,
sanctions)
This appeal concerns a plea to the jurisdiction brought by appellant, Pharr-San Juan-Alamo Independent School
District, in a retaliatory discharge case filed against it by appellee, Sandra Acosta. The trial court denied appellant's
plea to the jurisdiction and ordered $4,500 in sanctions. By three issues, appellant contends the trial court erred in
denying its plea to the jurisdiction because sovereign immunity had not been waived and in awarding sanctions
because they were not warranted. We affirm.

07-0822
IN THE MATTER OF THE ESTATE OF MARY ELLEN LOGAN BENDTSEN; from Dallas County; 5th district
(
05-05-01531-CV, 230 SW3d 823, 07-12-07, pet. denied Aug. 2008)

07-0863  
IHOR GEORGE KUPCHYNSKY, MELISSA TWOMEY KUPCHYNSKY, AND FGH HOMEBUILDERS, INC. v. WILLIAM V.
NARDIELLO AND LAREE CARAMELLA; from Dallas County; 5th district (
05-05-01134-CV, 230 SW3d 685, 06-06-07,
pet. denied Aug. 2008) [
Separate opinion]

07-0925  
NOBLE DRILLING (U.S.), INC. AND NOBLE DRILLING (PAUL ROMANO), INC. v. KELLY FOUNTAIN; from Harris
County; 1st district (01-06-00426-CV, 238 SW3d 432, 07-12-07, pet. denied Aug. 2008) (negligence under the
Jones Act and general maritime law)

07-0954  
CASE FUNDING NETWORK, L.P., ET AL. v. ANGLO-DUTCH PETROLEUM INTERNATIONAL, INC., ANGLO-DUTCH
(TENGE) LLC, AND SCOTT VAN DYKE; from Harris County; 1st district (01-06-00960-CV, ___ SW3d ___, 08-09-07,
pet. denied Aug. 2008) (accord and satisfaction, release, collateral estoppel)

07-019  
SOLAR SOCCER CLUB v. PRINCE OF PEACE LUTHERAN CHURCH OF CARROLLTON, TEXAS; from Collin County;
5th district (
05-06-00130-CV, 234 SW3d 814, 09-19-07, pet. denied Aug. 2008)(lease dispute, breach, quantum
meruit claim, attorney's fees)

07-1040  
ANGLO-DUTCH PETROLEUM INTERNATIONAL, INC., ANGLO-DUTCH (TENGE) LLC, AND SCOTT VAN DYKE v.
FOREST HUNTER SMITH; from Harris County; 14th district (14-06-00580-CV, 243 SW3d 776, 11-20-07, pet denied
Aug. 2008) 2 petitions (breach of contract, BoFD, fraud, exemplary damages, economic loss rule, double recovery)

08-0017  
HEWLETT-PACKARD COMPANY v. SHAUN T. MIAN CORP. D/B/A MIDWAY TOWER, IRVING L. HUMPHREY AND
CALVIN OTTE; from Dallas County; 5th district (
05-05-00529-CV, 237 SW3d 851, 10-08-07, pet. denied Aug. 2008)
(product liability law, manufacturing defect claim, fax machine, fire)
Based on the summary judgment evidence, we conclude there is a genuine issue of material fact as to whether the
printer was defective when it left the manufacturer and caused the fire. We also conclude that HP did not negate an
essential element of appellants' claims as a matter of law. Accordingly, we sustain appellants' issues regarding the
manufacturing defect claims. We affirm the trial court's summary judgment as to appellants' negligence and design
and marketing defect claims. We reverse the trial court's summary judgment on the manufacturing defect claim and
remand the case for further proceedings.

08-0046  
ABRAZO ADOPTION ASSOCIATES v. CARLA CAMPBELL; from Bexar County; 4th district
(04-07-00093-CV, ___ SW3d ___, 11-07-07, pet. denied Aug. 2008)(adoption, failure to disclose medical condition,
ratification defense, affirmative defense of release)
Carla Campbell sued Abrazo Adoption Associates ("Abrazo") for failing to disclose the medical condition of her
adopted baby. Abrazo moved for summary judgment on two affirmative defenses--release and ratification. The trial
court granted summary judgment and Campbell now appeals. Because Abrazo failed to conclusively establish an
affirmative defense as to all of Campbell's claims, we affirm the summary judgment in part, reverse the summary
judgment in part, and remand the cause for further proceedings.

08-0059  
JOHN C. STUKES AND JOAN F. STUKES v. MARVIN BACHMEYER, INDIVIDUALLY AND D/B/A MARVIN BACHMEYER
ROAD CONSTRUCTION CO.; from Williamson County; 11th district (11-05-00362-CV, 249 SW3d 471, 12-06-07,
pet. denied Aug. 2008)(remittiture)

08-0062  
LIFE PARTNERS, INC. v. THE STATE OF TEXAS; from McLennan County; 10th district
(10-06-00182-CV, 243 SW3d 236, 11-14-07, pet. denied Aug. 2008) 2 petitions (DTPA brought by State) In three
issues, the State argues that the trial court erred by: (1) transferring venue from Travis County to McLennan
County; (2) granting Life Partners’s second motion for summary judgment; and (3) prohibiting a non-party
deposition.  We reverse and remand.

08-0113  
THE CITY OF HOUSTON v. SATURN CAPITAL CORPORATION; from Harris County; 14th district
(14-07-00379-CV, 246 SW3d 242, 12-11-07, pet. denied Aug. 2008)(
governmental immunity, sovereign immunity,
local governmental units, grant of plea to the jurisdiction reversed, illegal fee, invalid lien)

08-0154  
ANGLO-DUTCH PETROLEUM INTERNATIONAL, INC., AND ANGLO-DUTCH (TENGE) LLC v. LITTLEMILL LIMITED;
from Harris County; 14th district (14-06-00921-CV, ___ SW3d ___, 10-02-07, pet. denied Aug. 2008) 2 petitions
(breach of contract damages affirmed, attorney's fees reversed)

08-0155  
GARY E. PATTERSON & ASSOCIATES, P.C. v. RONALD W. HOLUB, ET UX., MARY R. HOLUB, AND HOUSTON
TITLE CO.; from Harris County; 1st district (01-04-00108-CV, ___ SW3d ___, 01-10-08, pet. denied Aug. 2008)
as amended (validity of lien, suit for attorney's fees, settlement)

08-0189  
RONALD E. BAKER, M.D. v. CHRISTINA GOMEZ, INDIVIDUALLY, AND AS PERSONAL REPRESENTATIVE OF THE
ESTATE OF LORENZO GOMEZ, AND ALL WRONGFUL DEATH BENEFICIARIES, AND AS NEXT FRIEND OF
SAVANNAH NICOLE GOMEZ AND BREANN TYARA GOMEZ; from El Paso County; 8th district
(08-06-00330-CV, ___ SW3d ___, 01-24-08, pet. denied Aug. 2008)(HCLC, wrongful death, sufficiency of expert
report)
Having found Dr. Bradley's report insufficient to address the standard of care of an admitting physician and the
purported breaches and causation nexus evolving therefrom, we reverse and remand for consideration of a thirty
day extension to cure the deficiencies.

08-0194  
THOMAS HENNINGTON AND JOAN HENNINGTON v. SARAH A. SMITH, LINDA MARTIN, RICHARD VANN, KINLEY
LEE AND SUSIE LEE; from Eastland County; 11th district (11-06-00120-CV, 249 SW3d 600, 01-24-08, pet. denied
Aug. 2008)
Plaintiffs Sarah A. Smith, Linda Martin, Richard Vann, Maxine Vann, Kinley Lee, and Susie Lee brought suit against
Thomas Hennington and Joan Hennington to recover damages stemming from a dispute over approximately forty
acres of real property formerly owned by Thomas Hennington.  Thomas filed a counterclaim requesting damages,
attorney=s fees, and a declaratory judgment invalidating the deeds to the plaintiffs and quieting the title to the
property.  The trial court found in favor of the plaintiffs on the title issues and awarded them attorney=s fees of
$2,500.  Both sides appeal:  the plaintiffs appeal the lack of attorney=s fees and other damages, and the defendants
appeal the title issues.  We affirm.

08-0200  
DONALD E. FARMER AND MARTHA FARMER v. CONNIE JEAN BLAZEK CHAPLIN; from Ellis County; 6th district
(06-07-00087-CV, ___ SW3d ___, 01-31-08, pet. denied Aug. 2008) (deed restriction suit, attorney's fees)
On July 21, 2005, Donald E. Farmer and Martha Farmer sued Connie Jean Blazek Chaplin, seeking to enforce a
deed restriction requiring any house on Chaplin's land, as well as on neighboring land, to have at least "two
thousand (2,000) square feet of total area under roof and heat." When the trial court entered its order of April 26,
2007, the parties had stipulated that Chaplin was then "in compliance with the deed restrictions" and that the only
issue then before the trial court was the Farmers' attorneys' fees. The Farmers claim that, because Chaplin's house
initially violated the minimum-size restrictions and because the Farmers' lawsuit resulted in remedial measures by
Chaplin to satisfy the restrictions, the Farmers qualified themselves as the "prevailing party" under Section 5.006 of
the Texas Property Code, entitling them to their attorneys' fees. (1) They claim that, because the trial court refused
to grant them their attorneys' fees, it erred. We disagree.
Whether attorneys' fees are recoverable under a particular statute is a question of law, which is to be reviewed de
novo.

08-0225  
D'JUANA FORSTER PARR v. BRIAN K. PARR; from Montgomery County; 11th district
(11-06-00150-CV, ___ SW3d ___, 12-20-07, pet. denied Aug. 2008) (special appearance, family law, SAPCR,
continuing, exclusive jurisdiction  over the Child the subject matter of this suit based on divorce granted by another
court in  different county)

08-0250  
COOK CHILDREN'S PHYSICIAN NETWORK v. CAIRN BAKER; from Hood County; 2nd district
(02-07-00174-CV, ___ SW3d ___, 02-28-08, pet. denied Aug. 2008)
This is an appeal from a take-nothing summary judgment granted in favor of Appellee Cook Children=s Physician
Network (Cook) and against Appellant Cairn K. Baker solely on the application of the exclusivity provision of the
Texas Workers= Compensation Act (the Act).  After resolving the initial issue of Cook=s subscriber status, the
primary issue that we address is whether Cook conclusively established its affirmative defense that Baker=s claims
against itC  seeking mental-anguish-type damages for assault and false imprisonment - are barred by the exclusivity
provision of the Act.  See Tex. Lab. Code Ann ' 408.001(a) (Vernon 2006).  Because Baker=s claims for mental
trauma damages arise principally from a personnel action, they are noncompensable under the Act, and the
exclusivity provision of the Act does not bar them.  See id. ' 408.006.  Alternatively, even if Baker=s claims do not fall
within the classification of mental trauma injuries as defined by the Act, the exclusivity provision of the Act still does
not bar them because they allege intentional torts.  Accordingly, we reverse the trial court=s summary judgment -
which was based solely on the exclusivity provision of the Act - and remand the case.
Having overruled Baker=s third issue that Cook is not a subscriber under the Act but having sustained Baker=s
second issue that her claims for mental trauma injuries that she allegedly sustained from an assault and a false
imprisonment during a legitimate personnel action are not barred by the exclusivity provision of the Act, we reverse
the trial court=s summary judgment granted in favor of Cook and remand for further proceedings consistent with this
opinion.  See Tex. R. App. P. 43.2(d).

08-0259  
WAYNE DUDDLESTEN, LTD., SUCCESSOR TO WAYNE DUDDLESTEN, INC. AND TBJ PROPERTIES, INC. v.
CYPRESS NORTHWEST ASSOCIATES, LTD.; from Harris County; 1st district (01-05-00827-CV, ___ SW3d ___, 02-
21-08, pet. denied Aug. 2008) (breach of contract claim, statue of limitations,
breach of restrictive covenant,
summary judgment reversed)

08-0263  
THE STATE OF TEXAS v. LLOYD S. MCCARLEY; from Williamson County; 3rd district
(03-07-00069-CV, 247 SW3d 323, 12-20-07, pet. denied Aug. 2008)(condemnation)
The State of Texas appeals from a judgment in a statutory condemnation proceeding awarding Lloyd McCarley
$366,820 as just compensation for the State's taking of 836 square feet from his property for use in the Texas
Department of Transportation's construction of the State Highway 45 toll road project. The judgment was based on a
jury's verdict on a single issue inquiring as to the amount of damages. The jury awarded $371,000. The trial court
credited the State's prior deposit of the amount of the special commissioner's award in order to take
possession--$4,180--to yield the judgment amount.
Because we conclude that the evidence was legally and factually sufficient to support the jury's award of $371,000
as damages for the State's statutory condemnation of McCarley's property, we will affirm the trial court's judgment.

08-0264  
BAY, LTD. v. EL PASO SOUTH TEXAS, L.P. F/K/A COASTAL LIQUIDS PARTNERS, L.P.; from Nueces County; 13th
district (13-06-00186-CV, ___ SW3d ___, 12-06-07, pet. denied Aug. 2008)(construction law, indemnification,
subcontractor) ("El Paso"), seeks indemnification from appellee, Bay, Ltd. ("Bay"), for $10,870.25 owed to
subcontractor, Loyd Adams d/b/a Loyd's of Kern Painting ("Adams") for materials and labor provided on a painting
job.

08-0308  
INTERSTATE SOUTHWEST, LTD. v. AVCO CORPORATION AND TEXTRON LYCOMING RECIPROCATING ENGINE
DIVISION OF AVCO CORPORATION; from Grimes County; 14th district (14-05-00860-CV, 251 SW3d 632, 11-01-07,
pet. denied Aug. 2008) 2 petitions (commercial  law,
standing, capacity, indemnity, declaratory judgment, proof of
actual damages)

08-0318  
JOHN LEEMAN ISAACS AND SUSAN GAIL ISAACS v. CHARLES BISHOP AND HALLSVILLE DRAGWAY, INC.; from
Harrison County; 6th district (06-05-00092-CV, 249 SW3d 100, 01-10-08, pet. denied Aug. 2008) 2 petitions

08-0319  
VERITAS ENERGY, LLC v. BRAYTON OPERATING CORP., ET AL.; from Jackson County; 13th district
(13-06-00061-CV, ___ SW3d ___, 02-14-08, pet. denied Aug. 2008)(
oil and gas law, mineral lease termination
dispute)

08-0324  
DSTJ, L.L.P., SUCCESSOR TO DSTJ CORPORATION; AND MILESTONE OPERATING, INC. v. M & M RESOURCES,
INC.; ENERGY LAND RESOURCES A/K/A ENERGY LAND RESOURCES LAND SERVICES; A.M. PHELAN, III; AND
DANIEL PHELAN; from Jefferson County; 9th district (09-07-00559-CV, ___ SW3d ___, 03-13-08, pet. denied Aug.
2008) (accelerated appeal of an order modifying a temporary injunction,
competing claims to ownership of mineral
leases)

08-0326  
KEN E. MACKEY v. GREAT LAKES INVESTMENT, INC. AND GREAT LAKES INTERESTS, INC.; from Zapata County;
4th district (04-06-00277-CV, 255 SW3d 243, 03-12-08, pet. denied Aug. 2008)(competing claims to royalty
payments under an oil and gas lease.)

08-0330  
DALLAS COUNTY, TEXAS v. BRAD ERNEST NADEAU; from Dallas County; 5th district  (
05-07-00236-CV, ___
SW3d ___, 02-05-08, pet. denied Aug. 2008)(
TTCA, notice of claim requirement, plea to the jurisdiction denied)

08-0380  
IN THE INTEREST OF G.B., P.B., N.B., AND V.R., CHILDREN; from Washington County; 1st district
(01-07-00699-CV, ___ SW3d ___, 04-03-08, pet. denied Aug. 2008)(
termination case, ineffective assistance of
counsel claim raised on appeal)  
Review denied with per Curiam Opinion

08-0407  
PAIGE LOUIS BENNER A/K/A PAGE LOUIS MOLISH v. THE STATE OF TEXAS; from Tarrant County; 2nd district
(02-07-00271-CV, ___ SW3d ___, 05-01-08, pet denied Aug. 2008)(denial of expunction)
Appellant Paige Louis Benner a/k/a Paige Louis Molish appeals the trial court=s order denying his request for an
expunction.  In two issues, appellant argues that the trial court erred by not holding a hearing on his motion for
expunction and by not granting him an expunction.  We affirm.

08-0415  
DR. PHILLIP OSBORNE AND DEBORAH OSBORNE v. JAUREGUI, INC. AND STATE FARM LLOYDS; from Travis
County; 3rd district (03-04-00813-CV, 252 SW3d 70, 04-17-08 (en banc), pet. denied Aug. 2008) (residential mold
claim, settlement credit, subrogatin rights, attorney's fees)
[
Dissenting Opinion by Puryear]
(
Chief Justice Jefferson not sitting)
We have held that the Osbornes are not prevailing parties so as to be entitled to attorney's fees under the DTPA.
We have further held that the Osbornes were made whole for their one injury and therefore that State Farm is
entitled to subrogation interests in the settlement funds. We affirm the trial court's judgment denying the Osbornes
attorney's fees from Jauregui. We reverse the judgment denying State Farm subrogation in the settlement and
render judgment that State Farm is entitled to subrogation against the remaining settlement funds.

08-0416  
RAYMON POLAND, INDIVIDUALLY AND AS INDEPENDENT ADMINISTRATOR OF THE ESTATE OF JESSIE
POLAND, ROBERT MARTIN, AND FRANK MARTIN v. DR. JAMES WILLERSON; from Harris County; 1st district
(01-07-00198-CV, ___ SW3d ___, 03-13-08, pet. denied Aug. 2008) (HCLC, expert report, TTCA, election of
defendant, government unit or government employee)

08-0434  
DONALD M. SHANNON, ET UX. AND DOUGLAS L. SHANNON v. PAUL PEYTON BARBEE D/B/A BARBEE &
COMPANY; from Leon County; 10th district (10-06-00414-CV, ___ SW3d ___, 03-26-08, pet. denied Aug. 2008)
(oil and gas lease, UDCA, standing)
Florence Shannon and Appellants Don, Andrea, and Doug Shannon sued Appellee Paul Barbee for a declaratory
judgment that the Shannons’ oil and gas lease was void because Barbee’s drafts in payment for the lease had not
been timely paid.  Barbee counterclaimed for declaratory judgment, asserting that the lease was valid because the
Shannons had extended the time to pay the drafts when a cloud on the Shannons’ title had to be cleared up.
The trial court directed a verdict against Florence on her claim because she did not appear at trial (and she has not
appealed).  A jury found that the parties had formed an agreement and that Barbee had not breached the
agreement.  The trial court entered a judgment declaring the lease effective and awarded Barbee $19,900 in
attorney’s fees.  Asserting three issues, Don, Andrea, and Doug Shannon appeal.  We will affirm.

08-0436  
GALLAGHER BASSETT SERVICES, INC., MYRTIS LACY AND ZURICH AMERICAN INSURANCE COMPANY v.
VALEAN CHILDERS; from Tarrant County; 2nd district (02-07-00296-CV, ___ SW3d ___, 04-03-08, pet. denied Aug
2008) (bad-faith lawsuit originated with a workers' compensation claim, statute of limitations)

08-0441  
DIGHTON PACKARD, M.D., EMERGENCY HEALTH SERVICES ASSOCIATES, EMCARE, INC., AND EMCARE
HOLDINGS, INC. v. LILLIAN GUERRA, INDIVIDUALLY AND AS NEXT FRIEND OF MARCELA LILLIAN GUERRA AND
MARCELINO GUERRA; from Harris County; 14th district (14-06-00546-CV, 252 SW3d 511, 02-28-08, pet. denied
Aug. 2008) (HCLC neonatal brain injury) 2 petitions
This is a health care liability claim in which the plaintiffs allege that Marcela Guerra received permanent brain injuries
because of the actions and non-actions of the attending emergency room doctor at Polly Ryon Hospital immediately
after her birth.  The Guerras allege that one or more of the defendant companies and individuals contracted to staff
and run the emergency room at Polly Ryon Hospital.

In this interlocutory appeal, we are asked to consider whether the medical expert reports of several doctors can be
considered collectively to meet the requirements of an expert report and whether they meet the requirements of
expert reports even if they are considered together.  And, in a case of first impression, we also are asked to decide
if, under sections 74.401(d) and 74.402(d) of the Texas Civil Practice and Remedies Code, for good cause the trial
judge could properly consider the non-medical expert report of a lawyer who explained the duties and responsibilities
of several business/corporate entities and the two doctors who were officers and/or directors of the companies.

We hold that the expert reports of the doctors can be considered together to supply the expert testimony on
standard of care, breach and causation.  We also hold that the trial court properly relied on the expert report of a
corporate lawyer to define and explain what appellants promised to do for Polly Ryon Hospital (i.e., allegedly manage
and staff its emergency room with doctors), and what level of responsibility each had in fulfilling that promise.  
Finally, we hold that the expert reports in the aggregate adequately address the standard of care, breach of the
standard of care, and causation on the part of each defendant/appellant.

08-0447  
TAMMY POTEET AND CHELCEE POTEET v. FARMERS GROUP, INC. D/B/A FARMERS INSURANCE GROUP,
FARMERS INSURANCE EXCHANGE, FIRE INSURANCE EXCHANGE, ROGER KAISER AND SANDY KAISER; from
Denton County; 2nd district (02-06-00397-CV, ___ SW3d ___, 12-13-07, pet. denied Aug 2008)(homeowner law,
defective HVAC system)
Appellants sued the Kaisers and Farmers Group, Appellants' insurer,[2] as a result of damages allegedly caused by
the November 2002 discharge of black smoke and soot from the central air-conditioning and heating system in the
home they purchased from the Kaisers in May 2002.

08-0491  
MALCOLM L. SHAW v. COUNTY OF DALLAS, DALLAS COMMUNITY COLLEGE DISTRICT, PARKLAND HOSPITAL
DISTRICT, DALLAS COUNTY SCHOOL EQUALIZATION FUND, CITY OF DALLAS AND DALLAS INDEPENDENT
SCHOOL DISTRICT; from Dallas County; 5th district (
05-07-00366-CV, 251 SW3d 165, 04-09-08, pet denied Aug
2008)(
property tax delinquency litigation, attorney's fees under UDJA) as supplemented

08-0492  
G.Z. STONE AND W.D. WOLF v. KATHLEEN MOORE; from Limestone County; 10th district
(10-06-00382-CV, 255 SW3d 284, 04-02-08, pet. denied Aug 2008)(dispute over land,
adverse possession)

08-0496  
PATRICK OLAJIDE AKINWAMIDE v. TRANSPORTATION INSURANCE COMPANY, CNA INSURANCE COMPANY AND
AUTOMATIC DATA PROCESSING INC.; from Harris County; 14th district (14-06-01054-CV, ___ SW3d ___,
03-11-08, pet. denied Aug. 2008) motion for free appellate record denied (bill of review fails, but vexatious litigant
finding and award of security reversed)

08-0512  
LAURANCE KRIEGEL v. TEXAS DEPARTMENT OF AGRICULTURE, ORGANIC CERTIFYING AGENT, AND
INDIVIDUALLY, LESLIE MCKINNON, COORDINATOR FOR ORGANIC CERTIFICATION
partial motion for summary judgment denied

08-0514  
LAURANCE KRIEGEL v. PARMER COUNTY SHERIFF'S OFFICE, ET AL.; from Parmer County
partial motion for summary judgment denied

08-0515  
LAURANCE KRIEGEL v. PARMER COUNTY SHERIFF'S OFFICE, ET AL.; from Parmer County
partial motion for summary judgment denied

08-0539  
CECELIA LEDESMA v. BRUCE JOHNS, CRNA; from Williamson County; 3rd district
(03-05-00454-CV, ___ SW3d ___, 08-03-07, pet. denied Aug 2008)(
HCLC, deficient expert report, constitutional
challenge denied)
Cecelia Ledesma appeals the district court's dismissal of her health care liability claim against Certified Registered
Nurse Anesthetist, Bruce Johns, for failure to make an objective, good faith effort to timely serve an expert report
that complies with the requirements in section 74.351 of the civil practices and remedies code. See Tex. Civ. Prac. &
Rem. Code Ann. § 74.351 (West Supp. 2006). Ledesma argues that the district court erred in holding that the expert
reports that she had served failed to comply with section 74.351 and by not allowing her a 30-day time extension to
cure any deficiencies. Ledesma also asserts that chapter 74 of the civil practice and remedies code is
unconstitutional. We affirm the district court's judgment.

08-0548  
LAURANCE KRIEGEL v. RAILROAD COMMISSION OF TEXAS, ET AL.
partial motion for summary judgment denied

08-0558  
DAVID WAYNE SMITH AND DANA L. MAYOR v. MARY LINDA MCCALL; from Harris County; 14th district
(14-07-00032-CV, 252 SW3d 663, 04-03-08, pet denied Aug 2008)(
divorce and life insurance, probate court)

08-0583  
IN THE INTEREST OF J.S., M.N.S.C., AND T.S., CHILDREN; from Tarrant County; 2nd district
(02-07-00279-CV, ___ SW3d ___, 06-05-08, pet. denied Aug 2008)(
termination affirmed, statement of points)

Petitions for Review Denied August 22, 2008

THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED:

08-0400          
DR. CAMIL KREIT, M.D., P.A. v. LINDA YOUNG; from Polk County; 11th district
(11-06-00149-CV, 253 SW3d 790, 02-22-08, pet. denied Aug 2008) (
personal injury, workplace safety) 3 petitions

08-0466          
SHARON SWANK BACKHUS, BENJAMIN F. SWANK, III, SHANNON LEA WERCHAN PICKERING, SWANK TURNER
BACKHUS, BENJAMIN FONTAINE SWANK, IV, CHRISTIAN HARRIS SWANK AND SUZANNE SWANK PORTER v.
HAVEN LYNN WERCHAN WISNOSKI AND SHANE ALAN WERCHAN; from Grimes County; 1st district
(01-07-00041-CV, ___ SW3d ___, 03-13-08, pet denied Aug  2008)
Backhus v. Werchan Wisnoski (Tex.App. - Houston [1st Dist.] Mar. 13, 2008)(Nuchia)
(
probate law, construction of will, real estate law, partition of land, declaratory judgment suit)

08-0484          
JAMES R. WINN, M.D. v. SPECTRUM PRIMARY CARE, INC.; from Denton County; 2nd district
(
02-07-00038-CV, ___ SW3d ___, 04-24-08, pet denied Aug. 2008) (employment agreement, notice of termination,
bonus,
hearsay objection to summary judgment evidence sustained)

08-0542          
LINDA SHEFFIELD INDIVIDUALLY, AND AS THE ADMINISTRATRIX OF THE ESTATE OF CODY JAYTON RISTER
AND CALVIN RISTER v. JAN MICHAEL DRAKE; from Stephens County; 11th district
(11-06-00236-CV, 255 SW3d 779, 05-22-08, pet. deneid Aug. 2008) (survival and wrongful death claims arising
from death in a motor vehicle, alcohol and minors,
negligent entrustment claim, Dram Shop Act claim, judicial
admission as SJ evidence)

Petitions for Review Denied Aug. 15, 2008

THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED ON AUGUST 15, 2008

08-0344          
SHELL OIL COMPANY v. E.I. DU PONT DE NEMOURS AND COMPANY; from Harris County; 1st district
(01-07-00118-CV, ___ SW3d ___, 11-15-07, pet. denied Aug 2008)
Opinion below:
E. I. du Pont v. Shell Oil Co. (Tex.App.- Houston [1st Dist.] Nov. 15, 2007)(Jennings)
(breach of indemnification agreement, segregation, defense costs, indemnity claim)

08-0365          
MICHAEL A. FRENCH AND WIFE, MISTI MICHELLE FRENCH v. BRIAN JAMES GILL AND GIUSEPPE V. RICCIO D/B/A
TIGERS TRUCKING CO.; from Wood County; 6th district (06-07-00076-CV, 252 SW3d 748, 04-16-08, pet denied
Aug 2008)(
limitations, no tolling, 2 year statute of limitations, SoL for negligence, PI-auto)

08-0411          
ROBERT D. SMITH, CRAIG B. LYON, CARL WALCHSHAUSER, THE FRANKIE R. PUTNAM, SR. TRUST, FRANK
PUTNAM, INDIVIDUALLY, THE CLEAR CREEK AIR ESTATES PROPERTY OWNERS ASSOCIATION, INC. AND
ROBERT E. ADAMS v. BENJAMIN F. HUSTON, MARY E. HUSTON, BENJAMIN E. HUSTON, DIANA A. HUSTON,
THOMAS WESSIE HUSTON AND CRISTY R. HUSTON; from Denton County; 2nd district (02-07-00117-CV,
251 SW3d 808, 03-20-08, pet. denied Aug 2008)(dispute over access to and fees associated with an airstrip,
easement, declaratory judgment)  

08-0425          
KENNETH J. MAGNUSON v. CITIBANK (SOUTH DAKOTA) N.A.; from Denton County; 2nd district
(02-06-00465-CV, ___ SW3d ___, 02-14-08, pet. denied Aug 2008)
(
credit card suit, Rule 12 motion, failure to appear)

08-0450          
W.R. EDWARDS, JR. v. MID-CONTINENT OFFICE DISTRIBUTORS, L.P. AND INWOOD OFFICE FURNITURE, INC.;
from Dallas County; 5th district (05-06-01421-CV, 252 SW3d 833, 04-25-08, pet. denied Aug 2008)
(
claim for money had and received)

08-0462          
OUTREACH HOUSING CORPORATION/DESOTO I, LTD. v. DALLAS INDEPENDENT SCHOOL DISTRICT; from
Dallas County; 5th district (05-07-00288-CV, 251 SW3d 152, 03-25-08, pet. denied Aug 2008)
(
Justice Hecht not sitting) (property tax, denial of partial property tax exemption)

08-0483          
MICHAEL MCLANE v. SANDRA HELENE MCLANE; from Harris County; 1st district (01-06-00634-CV, ___ SW3d ___,
05-01-08, pet. denied Aug 2008) (
child support modification, child support decrease, retroactive effect, intentional
underemployment)


Petition for Review (PFR) Denied August 12, 2008

08-0478          
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES v. ALEXANDER VALLEJO; from Travis County;
3rd district (03-07-00003-CV, ___ SW3d ___, 04-18-08, pet denied Aug 2008) (
termination, frivolous appeal)
petition for review, being treated as a petition for writ of mandamus, denied


Petitions for Review Denied August 8, 2008

ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

08-0368  
KIRK WAYNE MC BRIDE, SR. v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE-CORRECTIONAL INSTITUTIONS
DIVISION, ET AL.; from Bee County; 13th district (13-05-00391-CV & 13-05-00392-CV, ___ SW3d ___, 02-28-08,
pet. denied Aug. 2008)(
prisoner suit, DTPA consumer law)

08-0420  
CAROL SYLVIA SMITH v. PAMELA WEBB AND ANN HOSEK; from San Patricio County; 13th district
(
13-06-00523-CV, ___ SW3d ___, 04-30-08, pet. denied Aug. 2008) (easement by necessity)

08-0431  
JIMMIE CASIAS, AS REPRESENTATIVE OF THE ESTATE OF SANTIAGO G. CASIAS (DECEASED) AND RACHEL
CASIAS, AS REPRESENTATIVE OF CASIAS OIL WELL SERVICE, INC. v. SOMERSET INDEPENDENT SCHOOL
DISTRICT (SISD); from Bexar County; 4th district (04-07-00829-CV, ___ SW3d ___, 04-23-08, pet. denied Aug.
2008) (
no waiver of governmental immunity, Tooke v. City of Mexia progeny)

08-0513  
SOUTH PLAINS SWITCHING, LTD. CO. AND SOUTH PLAINS LAMESA RAILROAD, L.L.C. v. BNSF RAILWAY
COMPANY, F/K/A THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY; from Lubbock County; 7th
district (
07-06-00165-CV, ___ SW3d ___, 04-17-08, pet. denied Aug. 2008) (Justice O'Neill not sitting) (railway
dispute)
This case arises because of disputes between South Plains Switching, Ltd. Co. (SAW), South Plains Lamesa
Railroad, L.L.C. (SLAL), and Burlington Northern Railway Company, formerly known as Burlington Northern and
Santa Fe Railway Company (BNSF). ... [T]he judgment of the trial court is modified to delete those portions of the
judgment awarding $12,600 in damages to SAW with respect to the West Texas Industries lease, to delete that
portion of the judgment awarding injunctive relief and specific performance to SAW, to delete that portion of the
judgment awarding attorney's fees to SAW, and to provide that SAW take nothing on those claims. As modified, the
judgment is affirmed. Tex. R. App. P. 43.2.

Petitions for Review Denied August 1, 2008

07-1063  
BAYLOR UNIVERSITY MEDICAL CENTER, EDMUND SANCHEZ, M.D., AND SRINATH CHINNAKOTLA, M.D. v.
HAROLD BIGGS, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF CHERI JEAN WELLS BIGGS,
DECEASED, BRANDON WELLS, AND CHER BIGGS; from Dallas County; 5th district (05-06-01104-CV, 237 SW3d
909, 11-09-07, pet. denied Aug 2008) (
HCLC, sufficiency of expert report, CoA remanded to TC to determine
whether extension should be granted to file proper report)

08-0138  
ESTATE OF JOHN A. TEINERT DECEASED, LAURANCE KRIEGEL, DESCENDENT, HEIR TO THE ESTATE; from
Coryell County; 10th district (
10-07-00297-CV, 251 SW3d 66, 01-09-08, pet. denied Aug 1, 2008)
as redrafted; petitioner's motion for partial summary judgment denied (
probate matter)(Because the trial court had
no jurisdiction to take any further action with regard to Teinert’s Estate, this Court has jurisdiction only to dismiss the
appeal.)

08-0410  
JESUS MENDOZA v. PEDRO S. MONTANO M.D., AND JUSTICE OF THE PEACE ISMAEL "MELO" OCHOA; from
Hidalgo County; 13th district (
13-07-00146-CV, ___ SW3d ___, 02-28-08, pet. denied Aug 1, 2008)
(
pro se appeal, agreed order of dismissal, due process claim).

08-0461  
THOMAS LOUIS v. MOBIL CHEMICAL COMPANY, A DIVISION OF EXXON MOBIL OIL CORPORATION, JAMES
BOWSER AND RANDALL ROY; from Jefferson County; 9th district (09-06-00568-CV, 254 SW3d 602, 05-01-08, pet
denied Aug. 1, 2008) (
Justice O'Neill not sitting) (employment law, IIED, defamation, retaliation)

Petitions Denied July 2008  ---> July 2008 PFR Denials
LINKS TO OTHER PAGES WITH INFO
ON TEXAS SUPREME COURT ACTIVITY
Texas Supreme Court Opinions 2008
2008 Per Curiam Tex. Sup. Ct. Opinions
Texas Supreme Court Orders 2008
Petitions for Review Denied 2008  
Petitions Granted in 2008
2008 Judicial Campaigns & Elections
Texas Opinions Homepage
Appellate Law Links ------------------------->

LINKS FOR TEX. APPELLATE CASES
AND CASELAW

law ADR family law
law ADR (Alternative Dispute Resolution)
law DSA (Texas Dram Shop Act)
law HCLC (Health Care Liability Claims)
law ILA (interlocutory appeals)
law TTCA (Texas Tort Claims Act)  
law WBA (Texas Whistleblower Act)

law animals
law arbitration  
law attorney client disputes
law attorneys fees  
law breach of warranty
law child support
law citation
law civil commitment  
law class actions
law condemnation  
law construction  
law consumer law  
law contract
law default judgment  
law discovery disputes  
law discovery presuit  
law divorce property division    
law domestication enforcement of foreign judgment  
law easement
law election law  
law employment   
law estoppel  
law family law international  
law family law  
law foreclosure
law forum selection    
law governmental entities local  
law governmental entities state agencies  
law governmental immunity   
law-grandparents and nonparents
law home-owner  
law individual capacity    
law informed consent    
law insurance business regulation   
law insurance duty to defend indemnify     
law jury selection   
law juveniles   
law leases  
law liens   
law limitations    
law motion for new-trial   
law motion to reinstate  
law nonsuit   
law official capacity  
law parental rights  
law parol evidence rule  
law plenary power  
law post-divorce actions    
law premises liability  
law prisoner suits   
law pro se suits  
law probate   
law product liability  
law property taxes  
law public employment  
law recusal
law religion  
law residential construction  
law restricted appeal   
law ripeness doctrine  
law sanctions     
law sovereign-immunity   
law special appearance  
law standing doctrine    
law statutory construction    
law temporary orders TRO    
law termination of parental rights    
law test for abuse of discretion   
law unauthorized practice of law UPLC   
law venue  
law water    
law workers comp   
law workplace injury