TEXAS SUPREME COURT
PETITIONS FOR REVIEW DENIED
JUNE 2008
PETITIONS FOR REVIEW DENIED
JUNE 2008
2008-09 TEXAS SUPREME COURT
DECISIONS - DISPOSITIONS BY PETITION DENIAL
Petitions for Review denied by Tex. Sup. Ct. in January 2009 | 2008
Petitions for Review denied by Tex. Sup. Ct. in February 2009 | 2008
Petitions for Review denied by Tex. Sup. Ct. in March 2009 | 2008
Petitions for Review denied by Tex. Sup. Ct. in April 2009 | 2008
Petitions for Review denied by Tex. Sup. Ct. in May 2009 | 2008
Petitions for Review denied by Tex. Sup. Ct. in June 2009 | 2008
Petitions for Review denied by the Texas Supreme Court July 2009 | 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
PFR DENIALS - JUNE 2008 | Petitions denied JUNE 2009
Petitions for Review Denied by the Texas Supreme Court on
June 27, 2008
07-0437
CONSTABLE JACK F. ABERCIA & OLD REPUBLIC SURETY COMPANY v. KINGVISION
PAY-PER-VIEW, LTD.; from Dallas County; 8th district (08-05-00020-CV, 217 SW3d 688,
02-15-07, pet. denied Jun 2008)
(writ of execution, contempt, good faith immunity, judicial immunity under common law)
07-0838
PETRO PRO, LTD., A TEXAS LIMITED PARTNERSHIP, AND L & R ENERGY
CORPORATION v. NANCY WILSON BRISCOE, JUDITH BROCK SEITZ, AND CAROLYN
ROGERS, UPLAND RESOURCES, INC., KCS RESOURCES, INC., GREAT LAKES
ENERGY PARTNERS, L.L.C. AND STEVE ZEMKOSKI; from Roberts County; 7th district
(07-05-00327-CV, ___ SW3d ___, 06-14-07, pet. denied June 2008) [separate opinion in
07-05-0327-CV] 2 petitions (oil and gas law, assignment of interest, declaration of rights)
07-0986
MARELYN MEDINA, M.D. v. MICHAEL B. HART; from Hidalgo County; 13th district (13-04-
00436-CV,
240 SW3d 16, 07-05-07, pet. denied Jun 2008)(HCLC, admission of evidence)
08-0077
DANIEL K. FIX AND BARBARA J. FIX v. FLAGSTAR BANK, FSB; FIRST AMERICAN TITLE
INSURANCE COMPANY OF TEXAS AND FIRST HORIZON HOME LOAN CORPORATION;
from Denton County; 2nd district (02-07-00030-CV, 242 SW3d 147, 11-21-07, pet. denied
June 2008) (home equity loan, traditional and NE-MSJ, DTPA, retroactive application of
constitutional amendment)
08-0095
FINLEY OIL WELL SERVICE, INC. v. RETAMCO OPERATING, INC.; from Bexar County;
4th district
(04-06-00346-CV, 248 SW3d 314, 10-17-07, pet. denied Jun 2008) (sanctions, standing,
unliquidated damages)
08-0128
IN THE MATTER OF THE ESTATE OF ROSEZELLER WILLICH, DECEASED; from
Henderson County; 12th district (12-06-00409-CV, ___ SW3d ___, 12-21-07, pet. denied
Jun 2008) motion to amend dismissed as moot
(probate, undue influence, lack of testamentary intent or capacity)
08-0140
CYNTHIA HIEGER AND ROY C. HIEGER, BOTH INDIVIDUALLY AND AS NEXT FRIEND OF
DAVID C. HIEGER, A MINOR v. WALGREEN COMPANY; from Harris County; 14th district
(14-06-00962-CV, 243 SW3d 183, 10-11-07, pet. denied Jun 2008) [Dissenting opinion in
14-06-00962-CV] (HCLC, inadequate expert reports)
08-0212
THE ESTATE OF STEPHEN ELLIS ALEXANDER; from McLennan County; 10th district (10-
06-00360-CV, 250 SW3d 461, 01-30-08, pet. denied June 2008)(probate, will or intestate,
motion for new trial)
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, pet
denied Jun 2008) as amended as redrafted (commercial dispute, breach of contract,
fraud, conversion, attorney's fees, jury charge error, fair trial, due process)
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, pet. denied
Jun 2008) as reinstated (IFP, costs, affidavit of indigence, contest, voluntary
underemployment, appellant not entitled to proceed in this appeal without advance
payments of costs)
08-0266
LEE, WAI-LING v. PALACIOS, ROSE MARIE; from Harris County; 14th district (14-06-
00428-CV, ___ SW3d ___, 10-11-07, pet denied Jun 2008) as redrafted (automobile
accident, negligence, summary judgment, motion for new trial)
08-0304
ASPRI INVESTMENTS, L.L.C. v. AHMED AFEEF, MARYAM BEGUM AFEEF AND ENM
FOOD MART, INC.; from Bexar County; 4th district (04-07-00249-CV, ___ SW3d ___, 02-
20-08, pet. denied June 2008)
(judgment confirming an arbitration award)
08-0310
MICHAEL M. MCAFEE v. RICK FOSTER, ET AL.; from Cooke County; 2nd district (02-07-
00080-CV, ___ SW3d ___, 02-07-08, pet. denied Jun 2008)(permanent injunction,
nuisance, excessive noise, jury issue or not, equitable relief)
08-0320
HWC WIRE & CABLE COMPANY v. SUSAN COMBS, SUCCESSOR TO CAROLE KEETON
STRAYHORN, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS, AND
GREG ABBOTT, ATTORNEY GENERAL OF THE STATE OF TEXAS; from Travis County;
3rd district (03-07-00006-CV, ___ SW3d ___, 03-12-08, pet. denied Jun 2008)(denial of a
sales tax refund claim, sale-for-resale exemption, manufacturing exemption)
08-0327
WOODROW WILSON WILLIAMS v. WARDEN J. MOONEYHAM, OSCAR E. PAUL,
STANLEY MCMILLER, SEAN PALMER; from Wichita County; 2nd district (02-06-00348-
CV, ___ SW3d ___, 01-31-08, pet. denied Jun 2008) (inmate suit dismissed with prejudice)
08-0343
STANLEY V. GRAFF v. VERNON BERRY, M.D. WHITTLE, INDIVIDUALLY AND IN HIS
CAPACITY AS COUNTY COMMISSIONER, RUFUS WARD, JR., ELMER CATON, JOSEF
HAUSLER, IN THEIR CAPACITIES AS COUNTY COMMISSIONERS, AND THE COUNTY OF
RED RIVER; from Red River County; 6th district (06-07-00058-CV, ___ SW3d ___, 03-18-
08, pet denied Jun 2008) (judicial notice, condemnation eminent domain road
construction, sufficiency of description, attorney's fees, official capacity)
08-0350
STEPHANIE DUKES, ET AL. v. PHILIP JOHNSON/ALAN RITCHIE ARCHITECTS, P.C., ET
AL.; from Tarrant County; 2nd district (02-07-00095-CV, ___ SW3d ___, 03-27-08, pet.
denied Jun 2008)(probate, issue of duty, voluntary undertaking, professional code of
ethics, summary judgment, premises liability)
08-0358
ROBERT A. RAKOWSKI v. COMMITTEE TO PROTECT CLEAR CREEK VILLAGE
HOMEOWNERS' RIGHTS AND PRESERVE OUR PARK; from Galveston County; 14th
district (14-05-01143-CV, ___ SW3d ___, 04-03-08, pet denied Jun 2008)[Substituted
separate opinion in 14-05-01143-CV] (subdivision property dispute, restrictive covenants,
homeowner association, ownership)
Petitions for Review Denied June 20, 2008
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
08-0091 RONALD PUGH AND BETTY PUGH v. GENERAL TERRAZZO SUPPLIES, INC.;
from Harris County; 1st district (01-06-00449-CV, 243 SW3d 84, 07-12-07, pet. denied
June 2008) (construction law, economic loss doctrine breach of implied warranties,
negligence and strict liability claims)
08-0159 CITY OF HOUSTON, TEXAS v. MAGUIRE OIL COMPANY, ET AL.; from Harris
County; 14th district (14-05-01272-CV, 243 SW3d 714, 10-11-07, pet. denied June 2008)
(Justice Johnson not sitting) (ripeness doctrine, plea to the jurisdiction)
08-0170 FG HOLDINGS, INC., FG INSURANCE SERVICES, INC., A/K/A FINANCIAL
GUARDIAN AND TRANS-GLOBAL SOLUTIONS, INC. v. LONDON AMERICAN RISK
SPECIALISTS, INC. AND GUARANTY INSURANCE SERVICES, INC. F/K/A TIMBERLINE
INSURANCE SERVICES, INC.; from Jefferson County; 9th district (09-05-00522-CV, ___
SW3d ___, 12-13-07, pet denied Jun 2008) (insurance coverage dispute, summary
judgment)
2 petitions
08-0230 RODNEY ELKINS v. CAPITAL ONE BANK AND CAPITAL ONE SERVICES, INC.;
from Dallas County; 5th district (05-06-01539-CV, ___ SW3d ___, 01-29-08, pet. denied
Jun 2008) (credit card dispute, pre-authorized charges, closing and reopening of account,
breach of contract, defamation credit report)
08-0272 DEALERS ELECTRICAL SUPPLY CO. v. SCOGGINS CONSTRUCTION
COMPANY, INC. AND BILL R. SCOGGINS; from Hidalgo County; 13th district (13-06-
00368-CV, ___ SW3d ___, 12-20-07, pet. denied June 2008)
08-0276 DANIEL ROEHRS, ET AL. v. FSI HOLDINGS, INC.; from Dallas County; 5th
district (05-06-01432-CV, 246 SW3d 796, 02-26-08, pet. denied Jun 2008)(arbitration,
judicial confirmation of award, attorney's fees)
2 petitions
08-0282 THE KITTEN FAMILY LIVING TRUST AND JERRY KITTEN v. SOUTH PLAINS
LAMESA RAILROAD, LTD. AND LARRY DALE WISENER; from Lubbock County; 7th
district (07-06-00209-CV, ___ SW3d ___, 01-28-08, pet denied June 2008) (lease
agreement and easement agreement, merger doctrine, merger clause, ambiguity)
08-0288 RICHMOND CONDOMINIUMS v. SKIPWORTH COMMERCIAL PLUMBING, INC.;
from Wichita County; 2nd district (02-05-00401-CV, ___ SW3d ___, 02-07-08) (Justice
Johnson not sitting) (liability for fire, insurance claim, evidence of insurance, unethical
attorney conduct, sanctions, jury argument)
08-0347 IN THE MATTER OF L.M.M., A CHILD; from Collin County; 5th district (05-07-
00504-CV, 247 SW3d 809, 03-19-08)(family law, SAPCR, mediated settlement agreement
MSA in child custody case)
08-0356 .39 ACRES, .748 ACRES, AND .5 ACRES (WITH IMPROVEMENTS) IN THE J.
JOHNSON SURVEY, MARION COUNTY, TEXAS AND A .22 CALIBER RUGER SEMI-
AUTOMATIC PISTOL v. THE STATE OF TEXAS; from Marion County; 6th district (06-07-
00101-CV, 247 SW3d 384, 02-29-08)(forfeiture pursuant to Chapter 59 of the Texas
Code of Criminal Procedure)
Petitions for Review Denied June 13, 2008
06-0461 CHRISTUS SPOHN HEALTH SYSTEM CORPORATION D/B/A CHRISTUS SPOHN
HOSPITAL SHORELINE AND FRED PURNELL THOMAS, JR., M.D. v. ROBERT C.
RENAUD; from Nueces County; 13th district (13-04-00524-CV, ___ SW3d ___, 04-20-06,
pet. denied)(HCLC, extension of time)
07-0003 MANUEL HABABAG, M.D. v. MARY GARCIA, INDIVIDUALLY AND AS PERSONAL
REPRESENTATIVE OF THE ESTATE OF MELANY AVILA, DECEASED, ET AL.; from
Jefferson County; 9th district
(09-06-00136-CV, ___ SW3d ___, 10-26-06) (HCLC, motion to dismiss)
07-0122 MARGARITA B. ZAVALA v. BRUCE EVAN FOSTER EXECUTOR OF THE
ESTATE OF NILES REID FOSTER; from Ector County; 11th district (11-05-00315-CV, 214
SW3d 106, 12-21-06) (HCLC, expert qualifications) 2 petitions
07-0265 MCKENNA MEMORIAL HOSPITAL, INC. AND ROBERT DONOVAN BUTTER, D.
O. v. SANDRA QUINNEY; from Comal County; 3rd district (03-06-00119-CV, ___ SW3d
___, 11-10-06)
(healthcare liability claim HCLC, interlocutory appeal)
07-0439 JORGE MIRANDA, M.D. v. GUADALUPE ADRIANA MARTINEZ, BRYAN
POWERS, AND LEMUEL LOPEZ; from Hidalgo County; 13th district (13-06-00386-CV,
___ SW3d ___, 03-08-07) (medical malpractice suit, no expert report)
07-0842 VICTOR HADDAD, M.D. v. CESAR MARROQUIN AND OLGA BROWN; from
Hidalgo County; 13th district (13-07-00014-CV, ___ SW3d ___, 08-29-07) (HCLC, appeal
of denial of motion to dismiss)
2 petitions
08-0069 BAYLOR UNIVERSITY MEDICAL CENTER, AND SARA THOMAS, R.N. v. DIANNA
ROSA; from Dallas County; 5th district (05-07-00639-CV, 240 SW3d 565, 12-07-07)
(HCLC, sufficiency of expert report, suits against universities)
08-0139 MARYLAND CASUALTY COMPANY, NATIONAL STANDARD INSURANCE
COMPANY, AND MARYLAND LLOYDS v. SOUTH TEXAS MEDICAL CLINICS, P.A.; from
Wharton County; 13th district
(13-06-00089-CV, ___ SW3d ___, 01-10-08)(duty to defend employment suit, summary
judgment, defense costs)
08-0191 CONNIE ALLEN, SURVIVING SPOUSE AND LEGAL REPRESENTATIVE OF
GRANVILLE DEAN ALLEN v. TED C. SCOTT, M.D.; from Lubbock County; 7th district (07-
06-00075-CV, ___ SW3d ___, 01-25-08, pet. denied June 2008) (motion for new trial,
new evidence, exclusion of evidence)
08-0241 GENERAL STAR INDEMNITY COMPANY v. GULF COAST MARINE
ASSOCIATES, INC.; from Harris County; 14th district (14-06-00662-CV, ___ SW3d ___,
02-14-08, pet. denied June 2008) [Dissent in 14-06-00662-CV] (insurer's duty to
indemnify, duty to defend)
08-0261 STUART SPITZER, M.D. v. MADELON BERRY, INDIVIDUALLY AND AS
PERSONAL REPRESENTATIVE/ADMINISTRATOR/EXECUTOR OF THE ESTATE OF
TOMMY BERRY; from Henderson County; 12th district (12-07-00276-CV, 247 SW3d 747,
02-22-08) (HCLC, medical malpractice, expert report, denial of motion to dismiss affirmed)
08-0296 MIRNA ACOSTA, INDIVIDUALLY AND AS NEXT FRIEND, NATURAL PARENT,
AND LEGAL GUARDIAN OF DENIS ACOSTA, A MINOR v. MEMORIAL HERMANN
HOSPITAL SYSTEM, MEMORIAL HERMANN HOSPITAL SYSTEM D/B/A MEMORIAL
HERMANN SOUTHWEST HOSPITAL AND GREATER HOUSTON ANESTHESIOLOGY, P.
A.; from Harris County; 14th district (14-07-00001-CV, ___ SW3d ___, 01-22-08)
(health care liability, limitations, summary judgment)
Petitions for Review Denied June 6, 2008
05-0028 ADMIRAL INSURANCE COMPANY v. WESTCHESTER FIRE INSURANCE
COMPANY; from Tarrant County; 2nd district (02-01-00227-CV, 152 SW3d 172, 12-02-
04, pet. denied June 2008)(dissent)
After en banc reconsideration and oral argument granted on appellee Admiral Insurance
Company's (Admiral) motion for rehearing, we withdraw our prior opinion and judgment
dated June 26, 2003 and substitute the following. See Tex. R. App. P. 49.1, 49.3, 49.7.
This case involves a Stowers action by an excess insurance carrier—the insured’s
equitable subrogee—against the insured’s primary carrier for the negligent failure to settle
an insurance claim within policy limits. See G.A. Stowers Furniture Co. v. Am. Indem. Co.,
15 S.W.2d 544, 547 (Tex. Comm’n App. 1929, holding approved). Appellant Westchester
Fire Insurance Company (Westchester), the excess insurance carrier, challenges the trial
court’s directed verdict for Admiral, the primary carrier, and the partial summary judgment
upon which it was based. We reverse the partial summary judgment in part, and reverse
the directed verdict, and remand the case for trial.
Having determined under the specific facts of this case that public policy at the time the
Cagle case was decided did not preclude coverage under Admiral’s policy for amounts
attributable to punitive damages, that the Admiral policy and professional malpractice
endorsement did not exclude punitive damages from coverage, and that the evidence is
sufficient to raise a fact issue regarding whether Admiral received a proper Stowers
demand and whether an ordinarily prudent insurer would have settled the case for policy
limits, we reverse the part of the trial court’s partial summary judgment determining that
public policy at the time the Cagle case was tried and settled precluded coverage under
Admiral’s policy for punitive damages and excluding from Westchester’s potential
damages recovery the amount of Westchester’s settlement contribution attributable to
punitive damages on Beulah’s claim. We affirm the part of the trial court’s partial motion
for summary judgment excluding DTPA treble damages and related attorneys’ fees from
any potential damages award as unchallenged. Because Admiral’s settlement credit is
less than the amount of Westchester’s potential recovery (i.e., the portion of Westchester’
s settlement contribution attributable to the Cagles’ compensatory damages and punitive
damages on Beulah’s claim), we reverse the trial court’s directed verdict in Admiral’s favor
and remand the case for a new trial on Westchester’s Stowers claim.
07-0503 ZENITH INSURANCE COMPANY v. ROSAURA O. LOPEZ; from Midland County;
11th district
(11-06-00086-CV, 229 SW3d 775, 05-17-07, pet. denied June 2008) (workers'
compensation case, waiver)
07-0735 TEXAS PARKS AND WILDLIFE DEPARTMENT v. MILBURN DEARING, KENNETH
HEAD, AND MIKE WARREN, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS
SIMILARLY SITUATED; from Travis County; 3rd district (03-05-00499-CV, 240 SW3d 330,
08-03-07, pet. denied June 2008) [Separate opinion in 03-05-00499-CV] (class action,
interlocutory appeal, public employment, age discrimination, reclassification of position)
07-0947 LOUISE WALKER AND THE JAMES WALKER FAMILY LIMITED PARTNERSHIP
v. CHAD L. LAMPMAN AND TRACI L. LAMPMAN; from Bosque County; 10th district (10-06-
00096-CV, ___ SW3d ___, 08-08-07, pet. denied Jun 2008) [Concurrence in 10-06-
00096-CV] (land dispute, easement law, permanent injunction)
07-1038 ALINDA FRANCINE CARTER-THOMAS v. RICKY LYNN SULLIVAN; from Collin
County; 5th district
(05-06-00990-CV, ___ SW3d ___, 11-06-07, pet. denied Jun 2008) as redrafted (PI-auto
accident negligence, pro se suits, deemed admissions)
07-1061 FORT BEND COUNTY, TEXAS v. THE BURLINGTON NORTHERN AND SANTA
FE RAILWAY COMPANY; from Fort Bend County; 14th district (14-05-01106-CV, 237
SW3d 355, 06-21-07, pet. denied Jun 2008) (Justice O'Neill not sitting)(condemnation
eminent domain, road easement, federal preemption)
08-0024 KENNETH HUTH v. STATE OF TEXAS; from Bexar County; 7th district (07-07-
00274-CV, ___ SW3d ___, 08-28-07, pet. denied Jun 2008) (DWOJ, no final order) (In
the absence of a signed final order disposing of appellant Kenneth Huth's petition for non-
disclosure of criminal record brought under section 411.081 of the Texas Government
Code)
08-0058 TAMMY ELKINS v. BANK OF AMERICA, N.A.; from Dallas County; 5th district (05-
06-00065-CV, 232 SW3d 345, 08-15-07, pet. denied Jun 2008) (Justice Johnson not
sitting)(home equity loan, validity of lien, finality)(suit for declaration that home equity loan
and resulting lien are void because the loan fails to comply with the home equity loan
provisions of the Texas Constitution)
08-0083 KAREN BROCK MURPHY, AMELIA BROCK BANNER, AND JODY BROCK IRWIN,
INDIVIDUALLY AND AS CO-INDEPENDENT EXECUTORS OF THE ESTATE OF DORIS
BERGLUND BROCK AND AS CO-TRUSTEES OF THE BROCK FAMILY TRUST v. G.
MICHAEL GRUBER, WILLIAM D. ELLIOTT, AND KANE RUSSELL, COLEMAN & LOGAN, P.
C.; from Dallas County; 5th district (05-05-01013-CV, 241 SW3d 689, 12-13-07, pet.
denied June 2008) (fracturing of professional negligence claims, limitations)
08-0084 MCALLEN HOSPITALS, L.P., ET AL. v. CARMEN GARZA MUNIZ, ET AL.; from
Hidalgo County; 13th district (13-06-00288-CV, ___ SW3d ___, 12-13-07, pet. denied
June 2008)(medical malpractice, jury verdict)
08-0087 ESTATE OF HAZEL DELORES HATCHER, DECEASED; from Collin County; 5th
district
(05-06-01109-CV, ___ SW3d ___, 12-11-07, pet. denied June 2008)(probate mattter, will
contest)
(voluntarily acceptance of benefits of the challenged order moots appeal)
08-0092 MICHAEL E. GEIGER v. BETTY WILLIAMS, ET AL.; from Houston County; 12th
district
(12-07-00198-CV, ___ SW3d ___, 12-12-07, pet. denied Jun 2008)
(pro se suit, inmate litigation, prisoner suit dismissed, due process, equal protection
arguments)
08-0106 ROBERT F. GREEN v. FORT BEND ISD; from Fort Bend County; 1st district (01-
06-01157-CV, ___ SW3d ___, 12-20-07, pet. denied Jun 2008) as redrafted (Workers
Comp TWCC judicial review suit)
08-0119 CITY OF LUBBOCK v. LARRY ACKERS; from Lubbock County; 7th district (07-
06-00421-CV, ___ SW3d ___, 11-29-07, pet. denied June 2008)(jurisdictional dismissal of
declaratory judgment claim reversed, governmental entity not immune from DJA claim)
08-0134 JEANENNE LOEWE, INDIVIDUALLY AND D/B/A THE ELITE SALON OF 1960 v.
TRAMMELL CROW COMPANY AND TRAMMELL CROW HOUSTON, LTD.; from Harris
County; 14th district (14-06-00971-CV, ___ SW3d ___, 11-15-07, pet. denied June 2008)
08-0162 ROBERTO R. CAVAZOS, INDIVIDUALLY AND AS CO-TRUSTEE OF THE ANITA
R. CAVAZOS LIVING TRUST, AND ANITA RENTFRO v. MANUEL V. CAVAZOS, IV AND
ERNESTO R. CAVAZOS; from Zapata County; 4th district (04-06-00451-CV, 246 SW3d
175, 11-14-07, pet. denied) 3 petitions (________________)
08-0193 ARTHUR E. JACKSON AND JUDITH A. JACKSON v. HANCOCK & CANADA LLP,
KENT CANADA, AND REUBEN L. HANCOCK; from Randall County; 7th district (07-06-
00351-CV, 245 SW3d 51, 12-19-07, pet. denied Jun 2008)(___________________)
08-0226 SAMUEL T. JACKSON v. TEXAS DEPARTMENT OF PUBLIC SAFETY, AND
THOMAS A. DAVIS JR., IN HIS OFFICIAL CAPACITY AS DIRECTOR, TEXAS
DEPARTMENT OF PUBLIC SAFETY; from Travis County; 13th district (13-06-00573-CV,
243 SW3d 754, 11-01-07, pet. denied June 2008)
08-0233 NORTHWEST CONSTRUCTION COMPANY INC. v. THE OAK PARTNERS L.P.,
MORGAN DEVELOPMENT AND SUPPLY INC., METROPLEX MASONRY INC., ARI-TEX
INC., MAX PLUMBING CONTRACTORS INC., S & S TILE LTD., AND KENT-ANDERSON
CONCRETE L.P. D/B/A ANDERSON CONCRETE CONSTRUCTION; from Hood County;
2nd district (02-07-00293-CV, 248 SW3d 837, 03-06-08, pet. denied Jun 2008)
08-0234 RAY AND CAROL CLAXTON v. (UPPER) LAKE FORK WATER CONTROL AND
IMPROVEMENT DISTRICT NO. 1; from Hopkins County; 6th district (06-06-00095-CV, 246
SW3d 381, 02-12-08, pet. denied Jun 2008)
08-0247 GLOBAL WATER GROUP, INC. v. ASPEN WATER, INC. AND ROBERT
ATCHLEY; from Dallas County; 5th district (05-06-00709-CV, 244 SW3d 924, 02-14-08,
pet. denied)(claims for misappropriation of trade secrets and conspiracy, confidentiality
agreement, breach of a shareholder agreement, covenant not compete, JNOV)
08-0249 ROBIN G. WAKELAND v. GLORIA S. WAKELAND AND WILLIAM R. WAKELAND;
from Bexar County; 4th district (04-07-00332-CV, ___ SW3d ___, 02-13-08, pet. denied
June 2008)
08-0290 STACE CAROL LE GRAND-BROCK v. ROY RICHARD BROCK; from
Montgomery County; 9th district
(09-07-00009-CV, 246 SW3d 318, 01-24-08, pet. denied June 2008)
08-0303 PAUL MOOD AND K&M DISTRIBUTORS v. KRONOS PRODUCTS, INC.; from
Dallas County; 5th district (05-06-00111-CV, 254 SW3d 8, 11-28-07, pet. denied Jun
2008)(breach and termination of a distributorship agreement, proof of damages, lost
profits)
08-0305 MARCUS A. GIPSON, INDIVIDUALLY AND AS REPRESENTATIVE OF THE
ESTATE OF GWENDOLYN FOSTER, DECEASED, ET AL. v. CITY OF DALLAS; from
Dallas County; 5th district
(05-07-00628-CV, 247 SW3d 465, 03-11-08, pet. denied Jun 2008)(TTCA, immunity,
firefighters, emergency services)
08-0307 EXPLO OIL, INC. v. CHARLES ARMENTROUT, SUSAN ARMENTROUT GIRVIN,
LYNN A. MORRIS, SALLY NELMS AND BIRDS FORT LAKE LTD.; from Tarrant County;
2nd district (02-07-00100-CV, ___ SW3d ___, 03-06-08, pet. denied Jun 2008)
08-0309 RICHARD AARON TINNELL AND LAURA TINNELL v. POULSON CUSTOM
HOMES, INC.; from Montgomery County; 9th district (09-06-00390-CV, ___ SW3d ___. 03-
06-08, pet. denied Jun 2008)
08-0312 PRUDENCE DIVINCENZO v. SEARS, ROEBUCK AND CO.; from Dallas County;
5th district
(05-07-00525-CV, ___ SW3d ___, 03-10-08, pet. denied Jun 2008)(motion for new trial,
nonsuit)
08-0325 SARAH HORTON (NOW STANNARD) v. CITY OF SMITHVILLE, TEXAS; from
Bastrop County; 3rd district (03-07-00174-CV, ___ SW3d ___, 01-25-08, pet. denied
June 2008) (nuisance claim, taking, plea to the jurisdiction sustained, failure to exhaust of
administrative remedies)