TEXAS SUPREME COURT
PETITIONS FOR REVIEW DENIED
MAY 2008
PETITIONS FOR REVIEW DENIED
MAY 2008
RECENT TEXAS SUPREME COURT
DECISIONS - DISPOSITIONS
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
PFR DENIALS - MAY 2008
Petitions For Review Denied May 30, 2008
05-0717 PETER COLDWELL, M.D. v. JOYCE O'NEAL, ET AL.; from Refugio County; 13th district
(13-04-00258-CV, ___ S.W.3d ___, 07-21-05, pet. denied May 2008) [Dissenting opinion]
as amended, motion to dismiss petition for review dismissed as moot (medical negligence, expert report)
06-0522 JOSE CARRERAS, M.D., P.A. v. CARLOS FRANCISCO MARROQUIN, ET AL.; from Hidalgo County; 13th
district (13-05-00082-CV, ___ S.W.3d ___, 10-06-05, pet. denied May 2008)[Dissenting opinion on en banc by
Justice Casillo] [Original dissenting opinion]
07-0445 STATE FARM LLOYDS INSURANCE v. EUNICE RICHARDSON AND BOBBY RICHARDSON,
INDIVIDUALLY, AND ON BEHALF OF THE ESTATE OF KENT RICHARDSON, DECEASED; from Tarrant County; 2nd
district (02-04-00072-CV, ___ S.W.3d ___, 04-05-07, pet. denied May 2008)
(insurance coverage, duty to defend, indemnify)
07-0754 TEXAS DEPARTMENT OF CRIMINAL JUSTICE v. EDWARD MCELYEA; from Travis County; 3rd district
(03-06-00244-CV, 239 S.W.3d 842, 07-26-07, pet. denied May 2008)(whistleblower suit jury verdict affirmed)
07-1047 STERLING CHEMICALS, INC. v. TEXACO INC. AND TEXACO DEVELOPMENT CORPORATION; from
Galveston County; 1st district (01-06-00111-CV, ___ S.W.3d ___, 11-08-07, pet. denied May 2008) (opinion not
available online)
07-1072 BLACKBURNE & BROWN MORTGAGE FUND I AND DAVID, GOODMAN & MADOLE, A PROFESSIONAL
CORPORATION v. ATMOS ENERGY CORPORATION; from Tarrant County; 2nd district
(02-06-00393-CV, ___ S.W.3d ___, 11-15-07, pet. denied May 2008)
(no duty, sanctions, good faith presumption, plenary power)
08-0184 TY BOTKIN AND MICHELLE BOTKIN, INDIVIDUALLY AND AS NEXT FRIENDS OF S.B., A MINOR v.
KERRVILLE INDEPENDENT SCHOOL DISTRICT; from Kerr County; 4th district (04-07-00733-CV, ___ S.W.3d ___,
02-06-08, pet. denied May 2008)(Texas Tort Claims Act, TTCA, plea to jurisdiction sustained)
Petitions for Review Denied May 23, 2008
08-0207 JUNELLA ROSIE HEMPEL CARROLL v. CLAUDE A. MERTZ AND CHARLIE H. RIPPER, INDEPENDENT
EXECUTORS OF THE ESTATE OF EWALD HEMPEL, DECEASED; from Fayette County; 3rd district
(03-05-00540-CV, ___ S.W.3d ___, 11-01-07, pet. denied May 2008) (probate, will contest)
08-0278 ROBIN BIKO, ET AL. AND DWIGHT TOMS, ET AL. v. SIEMENS INFORMATION AND COMMUNICATION
NETWORKS, INC., AND EFFICIENT NETWORKS, INC.; from Dallas County; 5th district
(05-05-01318-CV, 246 S.W.3d 148, 10-17-07, pet. denied May 2008)(employment law, breach of a stock option
agreement, fraud, and breach of contract)
Petitions for Review Denied May 16, 2008
06-1051 ELDORADO PARK, LTD. v. CITY OF MCKINNEY, TEXAS; from Collin County; 11th district
(11-05-00259-CV, 206 S.W.3d 185, 11-02-06, pet. denied)(condemnation)
07-0342 GUILLERMINA MOSQUEDA v. G&H DIVERSIFIED MFG., L.P.; from Harris County; 14th district
(14-04-00183-CV, 223 S.W.3d 571, 01-31-07, pet. denied may 2008) [Dissenting opinion by Justice Edelman]
(workplace injury, workers compensation, exclusive remedy defense)
07-0383 AEGIS INSURANCE HOLDING COMPANY, L.P. AND FINAL ARRANGEMENTS, L.L.C. v. GEORGE N.
GAISER, SR., JOSE SAN MARTIN, IV, AS TRUSTEE, AND A.M. STRINGFELLOW; from Bexar County; 4th district
(04-05-00938-CV, ___ S.W.3d ___, 03-28-07, pet. denied May 2008) (misrepresentations and omissions in
connection with the sale of FAL's securities in violation of the Texas Securities Act (TSA) and for breach of a buy
back agreement)
07-0527 529900 ONTARIO LIMITED A/K/A NIAGARA SAFETY PRODUCTS v. ELK RIVER, INC., AND HORTENCIA
WARDLOW; from Dallas County; 5th district (05-06-00158-CV, ___ S.W.3d ___, 03-29-07, pet. denied May 2008)
(special appearance)
07-0574 WILLIAM LOWE, M.D. v. MARY HERNANDEZ; from Tarrant County; 2nd district (02-06-00132-CV, ___
S.W.3d ___, 06-07-07, pet. denied May 2008) (job termination, injury, ability to perform job responsibilities,
proximate cause)
07-0588 NACOGDOCHES COUNTY HOSPITAL DISTRICT, D/B/A NACOGDOCHES MEMORIAL HOSPITAL v.
CHARLES RAY NEWMAN AND JIMMY WAYNE CURTIS; from Nacogdoches County; 12th district
(12-06-00375-CV, ___ S.W.3d ___, 05-23-07, pet. denied May 2008)(Cost of medical treatment, auto
accident)(District lacked standing to bring suit against Newman under Chapter 55 and a suit to enforce a Chapter
55 lien was not ripe)
07-0851 R.C. JONES, SUPERIOR WASTE MANAGEMENT SERVICES, INC. AND JTI CONTRACTORS, INC. v.
RUSTIN TRANSPORTATION COMPANY, L.P.; [dissenting opinion by Justice Jennings] from Harris County; 1st
district (01-04-00566-CV, 236 S.W.3d 390, 08-02-07, pet. denied May 2008) (contract dispute, fraud, jury verdict,
improper jury argument)
07-0934 THE OFFICE OF THE ATTORNEY GENERAL v. TROY BELL; from Dallas County; 5th district
(05-06-00885-CV, ___ S.W.3d ___, 07-23-07, pet. denied May 2008)
(family law, child support enforcement, no evidence of arrearage)
07-0966 TERRA XXI, LTD., ET AL. v. MARK HARMON; from Deaf Smith County; 7th district
(07-06-00193-CV, ___ S.W.3d ___, 07-16-07, pet. denied May 2008) (debt, deed of trust, foreclosure, summary
judgment)
07-0998 CANDY GORE v. RAY GORE; from Liberty County; 9th district (09-07-00024-CV, 233 S.W.3d 911,
09-06-07, pet. denied May 2008)(personal injury PI-auto, damages)
07-1024 GREATER HOUSTON TRANSPORTATION COMPANY D/B/A YELLOW CAB v. YAHYA HASSAN,
INDIVIDUALLY AND D/B/A SAFE CAB CO. A/K/A SAFE CAB COMPANY AND KEMAL MOHAMMED, INDIVIDUALLY
AND D/B/A SAFE CAB CO. A/K/A SAFE CAB COMPANY; from Harris County; 1st district
(01-05-00494-CV, 237 S.W.3d 727, 02-15-07, pet. denied May 2008)(trade dress claim, Lanham Act, and Texas
common law)
07-1044 MOHAMMED MALEKZADEH v. REBECCA MALEKZADEH; from Harris County; 14th district
(14-05-00113-CV, ___ S.W.3d ___, 07-03-07, pet. denied May 2008) as reinstated (family law divorce case,
separate property, visitation denial)
07-1048 TONY HERNANDEZ AND GARY GIBSON v. NATIONAL RESTORATION TECHNOLOGIES, L.L.C.,
TRAVELERS PROPERTY CASUALTY INSURANCE COMPANY AND TRAVELERS LLOYDS OF TEXAS INSURANCE
COMPANY; from Harris County; 14th district (14-06-00015-CV, ___ S.W.3d ___, 07-26-07, pet denied May
2008)(untimely notice of appeal)
07-1069 TEXAS DEPARTMENT OF PUBLIC SAFETY v. DAVID LAMAR HUTCHESON; from Matagorda County; 13th
district (13-06-00349-CV, 235 S.W.3d 312, 08-29-07, pet. denied May 2008) (Dissent)(suspension of driver's
license)
07-1075 ROBERT S. BENNETT v. KELLY COGHLAN; from Harris County; 1st district (01-04-00104-CV, ___
S.W.3d ___, 08-16-07, pet. denied)(attorney's fees, turnover order, enforcement of judgments)
08-0003 FRANK GUTIERREZ, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF THERESA
GUTIERREZ, DECEASED, AND AS NEXT FRIEND OF MICHELLE GUTIERREZ, A MINOR, AMANDAMA GUTIERREZ,
FRANK GUTIERREZ, JR. AND PATRICIA RAMIREZ v. UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER OF
HOUSTON; from Harris County; 1st district (01-07-00455-CV, 237 S.W.3d 869, 10-11-07, pet. denied May
2008)(suit against university, interlocutory appeal, HCLC, failure to serve expert report) (Section 74.351(b)
mandates dismissal of this case based on appellees' failure to serve properly UTHSCH with an expert report.)
08-0027 CHERYL SUE WALLINGFORD v. TRINITY UNIVERSAL INSURANCE COMPANY; from Travis County; 7th
district (07-06-00142-CV, ___ S.W.3d ___, 10-23-07, pet. denied May 2008)(DWOP dismissal, reinstatement but no
order signed, plenary power)
08-0045 CARL POLLITT v. CENTRE INSURANCE COMPANY, SUCCESSOR TO BUSINESS INSURANCE
COMPANY; from Ector County; 11th district (11-06-00214-CV, 242 S.W.3d 112, 10-25-07, pet. denied May
2008)(workers compensation, workplace injury)
08-0102 BETSY RUTH MAGNESS v. CHARLES DANIEL MAGNESS, III; from Kaufman County; 5th district
(05-06-00451-CV, 241 S.W.3d 910, 12-20-07, pet. denied May 2008) as amended
(divorce property, characterization of property, separate property, community property)
08-0112 R. SCOTT PHELAN v. TEXAS TECH UNIVERSITY; from Travis County; 7th district
(07-07-00171-CV, ___ S.W.3d ___, 01-23-08, pet. denied May 2008)(litigation involving universities,
whistleblower act, due process claims rejected)
08-0124 ROBERT LEE HOOD v. WAL-MART STORES, INC., ET AL.; from Dallas County; 5th district
(05-05-01049-CV, ___ S.W.3d ___, 01-31-08, pet. denied May 2008)
appellant's request for leave of the Court to supplement all documents dismissed as moot
(limitations, previous suits that were dismissed without prejudice does not toll the running of limitation)
08-0181 R. SCOTT PHELAN v. H. SCOTT NORVILLE, PAMELA EIBECK, AND ELIZABETH HALL; from Lubbock
County; 7th district (07-07-00035-CV, ___ S.W.3d ___, 01-23-08, pet. denied May 2008)
(official immunity, defamation, libel, slander)
08-0190 HANS JURGEN GUSTAVO ULRICH, ET AL. v. WOODFOREST NATIONAL BANK; from Montgomery
County; 9th district (09-06-00357-CV, ___ S.W.3d ___, 12-20-07, pet. denied May 2008)(dispute over investments)
08-0196 ROMEO LONGORIA, ET AL. v. EXXONMOBIL CORPORATION, ET AL.; from Brooks County; 4th district
(04-06-00474-CV, ___ S.W.3d ___, 01-30-08, pet. denied May 2008)
(Justice O'Neill and Justice Green not sitting) (oil and gas law, mineral estate, adverse possession)
08-0267 DWIGHT HINES AND SHANNON EVERETT v. EXXON MOBIL CORPORATION; from Harris County; 14th
district (14-06-00745-CV, ___ S.W.3d ___, 02-26-08, pet. denied May 2008)(employment law, defamation, age
discrimination, employment at will doctrine) (Justice O'Neill not sitting)
Petitions Denied May 2, 2008
06-1106 GRAND HOMES 96, L.P. & GRAND HOMES, INC. v. DAVID & DEBRA LOUDERMILK; from Denton County;
2nd district (02-06-00030-CV, 208 S.W.3d 696, 11-09-06, pet. denied May 2, 2008)\
(arbitration award appeal, waiver issue)
07-1062 FLOYD EDGAR HUTSON v. TRI-COUNTY PROPERTIES, L.L.C.; from Parker County; 2nd district
(02-06-00349-CV, 240 SW..3d 484, 11-08-07, pet. denied May 2008)(homestead law, motion for new trial,
preservation of error)
08-0088 IN THE INTEREST OF L.E.W., A CHILD; from Tarrant County; 2nd district
(02-07-00162-CV, ___ S.W.3d ___, 12-13-07, pet. denied May 2008)(termination affirmed, physical abuse, injury)
08-0149 IN THE INTEREST OF J.D.D., B.J.D., AND W.G.D., CHILDREN; from Collin County; 5th district
(05-06-00463-CV, 242 S.W.3d 916, 01-08-08, pet. denied May 2008)
(family law, child support, motion to modify, reduction denied)
08-0222 PEGGY JOHNSON v. JOHNSON COUNTY, TEXAS; from Johnson County; 10th district
(10-07-00095-CV, ___ S.W.3d ___, 01-30-08, pet. denied May 2008) (prisoner suicide, TTCA, immunity)
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