TEXAS SUPREME COURT
PETITIONS FOR REVIEW DENIED
PETITIONS FOR REVIEW DENIED
RECENT TEXAS SUPREME COURT
DECISIONS ON THE WEB - DISPOSITIONS
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 2009 | 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
PFRs DENIED NOVEMBER 2008
THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED NOV. 21, 2008:
07-0864
SYLVIA CASAS, INDIVIDUALLY, SUBSTANTIVELY CONSOLIDATED BANKRUPTCY ESTATES OF FOUNTAIN VIEW,
INC., AS SUCCESSOR TO SUMMIT CARE CORPORATION, SUMMIT CARE TEXAS, L.P. D/B/A COMANCHE TRAIL
NURSING CENTER AND ROBERT GUNDLING, INDIVIDUALLY v. ROSAMARIE PARADEZ, AS THE ADMINISTRATOR
AND HEIR AT LAW OF THE ESTATE OF TRANQUILINO MENDOZA, DECEASED; from Bexar County; 4th district
(04‑06‑00417‑CV, ___ SW3d ___, 06‑25‑08)
07-0956
BARBARA BEHRINGER, ET AL. v. ALCOA INC., (SUED INDIVIDUALLY AND AS SUCCESSOR-IN-INTEREST TO
REYNOLDS METAL COMPANY); from Dallas County; 5th district (05-06-00136-CV, 235 SW3d 456, 10‑11‑07, pet
denied Nov 2008) (litigation involving asbestos exposure, multi-million award thrown out) )(wife's non-occupational
exposure to asbestos dust on husband's work clothes, which she washed)
08-0143
CITY OF GRANBURY v. CITY OF CRESSON; from Hood County; 2nd district (02‑06‑00227‑CV, 245 SW3d 61,
01‑10‑08)(municipal annexation dispute in which the cities of Cresson and Granbury both claim jurisdiction over
property)
08-0352
TRACY NIXON v. GMAC MORTGAGE CORPORATION; from Dallas County; 5th district (05‑07‑00894‑CV, ___ SW3d
___, 01‑31‑08) (failure to pay appellate fees) appellant motion for emergency stay dismissed as moot
second emergency motion for stay dismissed as moot
08-0417
HOWETH INVESTMENTS, INC. AND JACK HOWETH, AS TRUSTEE FOR THE 881 DEVELOPMENT TRUST AND
THE 901 DEVELOPMENT TRUST-ASSIGNEES FOR HOWETH INVESTMENTS, INC. v. THE CITY OF HEDWIG
VILLAGE, CITY OF HEDWIG VILLAGE PLANNING AND ZONING COMMISSION, S. FRANK WHITE, ROBERT A.
WEINER, NORMAN A. WARD AND KATHERINE VAZQUEZ; from Harris County; 1st district (01‑05‑00904‑CV, 259
SW3d 877, 04‑17‑08, pet. denied Nov 2008)) (real estate law, land regulation, plat application, constitutional
challenge)
08-0641
URI COHEN v. DELORES HAWKINS; from Harris County; 14th district (14‑07‑00043‑CV, ___ SW3d ___, 04‑15‑08,
pet denied Nov. 2008)(real estate transaction, setting aside deed, clean hands, bona fide purchaser)
respondent's motion to compel petitioner to serve petition for review on respondent dismissed as moot)
08-0655
DIAMOND OFFSHORE (BERMUDA), LTD. v. SUZANNE ELISABETH HAAKSMAN (AS BENEFICIARY OF ROBERT
DUNCAN BURN QUINN) AND THOMAS JOSEPH MCCARTNEY; from Harris County; 14th district (14‑06‑00477‑CV,
260 SW3d 476, 04‑24‑08) (domestication of foreign money judgment, personal jurisdiction over debtor)
(Justice Medina not sitting)
08-0691
ESTATE OF CHARLEY G. MARTIN, DECEASED, ALICE LONGFELLOW, INDEPENDENT EXECUTRIX FOR THE
ESTATE v. RACETRAC PETROLEUM, INC. AND WALMART STORES EAST, INC.; from Tarrant County; 2nd district
(02‑06‑00124‑CV, ___ SW3d ___, 06‑12‑08, pet. denied) as redrafted
08-0718
CONRAD G. DEOCARIZA v. CENTRAL TEXAS COLLEGE DISTRICT; from Bell County; 3rd district
(03‑06‑00653‑CV, ___ SW3d ___, 06‑19‑08))(public employment, termination, discrimination)
08-0728
ELIZABETH W. BUFKIN v. EDWARD O. BUFKIN, JR.; from Dallas County; 5th district (05-06-01719-CV, 259 SW3d
343, 07-01-08) 2 petitions, pet. denied Nov. 2008)(prejudgment interest, admissibility of expert testimony, harm
analysis of evidentiary ruling by trial court, divorce fault grounds, prenup, stipulation agreement)
08-0758
WALTER WEST, P.E. v. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND ABITIBI-CONSOLIDATED
CORP.; from Travis County; 3rd district (03‑07‑00455‑CV, 260 SW3d 256, 07‑31‑08)
We withdraw our opinion and judgments issued May 29, 2008, and substitute the following in their place. We
overrule appellants' motion for rehearing and rehearing en banc. These appeals arise from two lawsuits brought by
appellants Walter West, P.E., and the Lone Star Chapter of the Sierra Club seeking judicial review of an
uncontested decision by the executive director of the Texas Commission on Environmental Quality granting a
wastewater discharge permit to Abitibi Consolidated Corp. (1) Finding appellants' lawsuits untimely because they
were filed more than thirty days after the effective date of the executive director's decision, see Tex. Water Code
Ann. § 5.351 (West 2000), the district court granted the Commission's pleas to the jurisdiction and dismissed both
suits for lack of jurisdiction. Because we conclude there was no error in the district court's dismissal of appellants'
suits, we affirm the orders of dismissal.
08-0768
WALTER WEST, P.E. AND THE LONE STAR CHAPTER OF THE SIERRA CLUB v. TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY AND ABITIBI-CONSOLIDATED CORP.; from Travis County; 3rd district
(03‑07‑00456‑CV, 260 SW3d 256, 07‑31‑08) We withdraw our opinion and judgments issued May 29, 2008, and
substitute the following in their place. We overrule appellants' motion for rehearing and rehearing en banc. These
appeals arise from two lawsuits brought by appellants Walter West, P.E., and the Lone Star Chapter of the Sierra
Club seeking judicial review of an uncontested decision by the executive director of the Texas Commission on
Environmental Quality granting a wastewater discharge permit to Abitibi Consolidated Corp. (1) Finding appellants'
lawsuits untimely because they were filed more than thirty days after the effective date of the executive director's
decision, see Tex. Water Code Ann. § 5.351 (West 2000), the district court granted the Commission's pleas to the
jurisdiction and dismissed both suits for lack of jurisdiction. Because we conclude there was no error in the district
court's dismissal of appellants' suits, we affirm the orders of dismissal.
08-0770
JOHN THOMAS v. JOHN GOODMAN D/B/A JOHN GOODMAN'S TREE SERVICE; from Gillespie County; 4th district
(04‑07‑00531‑CV, ___ SW3d ___, 07‑02‑08)
08-0811
AMERICAN SOUTHWEST INSURANCE MANAGERS, INC. v. EMPLOYERS REINSURANCE CORPORATION; from
Collin County; 5th district (05‑06‑01284‑CV, 261 SW3d 432, 08‑14‑08)
08-0837
JAMES L. SUPKIS v. MADISON PLACE HOMEOWNERS ASSOCIATION, INC.; from Harris County; 1st district
(01‑07‑00573‑CV, ___ SW3d ___, 06‑19‑08)
08-0841
WELDON W. WEEKS v. FIREMAN'S FUND INSURANCE COMPANY; from Dallas County; 8th district
(08‑06‑00170‑CV, 259 SW3d 335, 06‑30‑08) The opinion of the Court issued December 20, 2007 is withdrawn, and
the following is the opinion of the Court.
Appellant, Fireman's Fund Insurance Company ("Fireman's Fund"), appeals the district court's judgment in favor of
workers' compensation claimant, Weldon Weeks, the Appellee herein. Fireman's Fund contends that the evidence
relied upon by the district court regarding Appellee's impairment rating and date of maximum medical improvement is
legally insufficient. For the following reasons, we reverse the judgment of the trial court and render judgment for
Fireman's Fund.
08-0870
THE W.L. PICKENS GRANDCHILDREN'S JOINT VENTURE v. DOH OIL COMPANY, DAVID HILL AND ORVEL HILL;
from Loving County; 8th district (08‑06‑00314‑CV, ___ SW3d ___, 08‑07‑08, pet. denied Nov. 2008)(tax sale, deed,
statute of limitations, discovery rule) statute of limitations, discovery rule)
THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED NOV. 14, 2008
07-0718
SAFETY NATIONAL CASUALTY CORPORATION (AGENT FERNANDO RODRIGUEZ D/B/A AMERICA III BAIL
BONDS) v. JAIME ESPARZA, DISTRICT ATTORNEY FOR THE 34TH JUDICIAL DISTRICT, AND JOSE R.
RODRIGUEZ, COUNTY ATTORNEY FOR EL PASO COUNTY, TEXAS; from El Paso County; 8th district
(08‑06‑00217‑CV, 247 SW3d 288, 08‑09‑07)
as amended
respondent's plea to jurisdiction, being treated as motion to dismiss for want of jurisdiction, denied
Appellants bring this interlocutory appeal from a denial of their motion to dismiss Appellees' petition for failure to
amend pursuant to Section 101.106(f) of the Texas Civil Practice and Remedies Code. We reverse and render.
This case has been here before. Intervenor, Safety National Casualty Corporation, through purported agent
Fernando Rodriguez, doing business as America III Bail Bond ("Safety") filed Plaintiff's First Amended Petition for
Declaratory Judgment, Temporary Restraining Order, Injunction, and Request for Disclosure on November 4, 2004.
The petition was filed as a counter-suit against El Paso County Attorney Jose Rodriguez and El Paso County District
Attorney Jaime Esparza. The underlying cause of action was a bond forfeiture proceeding brought by the County
Attorney's office against Carmen Calderon, a criminal defendant, and Safety, her bond guarantor. The forfeiture
proceeding sought to recover bond monies after Calderon failed to appear in court.
07-0858
DEEP WATER SLENDER WELLS, LTD., JAMES G. WOOD & PREDA CONSULTANTS, INC. v. SHELL
INTERNATIONAL EXPLORATION & PRODUCTION, INC., JIM ADAM, GRAHAM BRANDER, & MARK LEONARD; from
Harris County; 14th district (14‑06‑00165‑CV, 234 SW3d 679)(challenges to forum selection clause)
motion to strike exhibit dismissed as moot
07-0945
TEXAS PARKS AND WILDLIFE DEPARTMENT v. THE SAWYER TRUST; from Donley County; 7th district
(07‑06‑00487‑CV, ___ SW3d ___, 08‑22‑07)
This is an interlocutory appeal from the trial court's denial of a plea to the jurisdiction filed by the Texas Parks and
Wildlife Department. We affirm.
The Sawyer Trust (the Trust) sued the Department. Among other things, the Trust sought relief against the
Department for unlawfully taking its property in violation of both the United States and Texas Constitutions, for
declaratory judgment regarding the purported navigability of a stream lying on Trust realty, and for temporary and
permanent injunctions prohibiting the Department from "interfering with its property rights." The State filed a plea to
the jurisdiction of the trial court contending that sovereign immunity barred prosecution of the suit. The trial court
disagreed and denied the motion.
07-0992
GRIFFIN, L.L.C. v. ADOBE LAND CORPORATION, ADOBE CATTLE COMPANY (A GENERAL PARTNERSHIP),
CHERRY CREEK FARMS (A GENERAL PARTNERSHIP), VANGUARD AG SERVICES, INC., AND ADOBE
IRRIGATION AND AG SERVICES, L.L.C.; from Tarrant County; 2nd district (02‑06‑00097‑CV, 236 SW3d 351,
07‑12‑07) (trial court abused its discretion in refusing to grant Appellants a spoliation presumption)
Having determined that Appellants were entitled to a spoliation presumption and that the trial court erred in granting
Griffin=s no-evidence motion, we reverse the judgment in favor of Appellee and remand this case for further
proceedings.
07-1003
IN THE INTEREST OF P.R., J.R., B.R., AND V.R., CHILDREN; from Wilson County; 4th district (04‑05‑00509‑CV, ___
SW3d ___, 09‑06‑06)
08-0160
NORTHWEST INDEPENDENT SCHOOL DISTRICT v. CARROLL INDEPENDENT SCHOOL DISTRICT; from Tarrant
County; 2nd district (02‑06‑00242‑CV, 245 SW3d 620, 01‑17‑08)
08-0300
MARCUS JOHNSON, ON BEHALF OF MAII HOLDINGS, INC. v. JACKSON WALKER, L.L.P., RICHARD F. DAHLSON,
CHRISTIE S. TYLER, THOMAS A. MONTGOMERY, JOHN J. MCDONALD, JR., ANTHONY J. LEVECCHIO, JAMES
"JIM" SILCOCK, DAVID A. KALLENBERGER, AND GARY B. GILL; from Collin County; 5th district (05‑06‑00121‑CV,
247 SW3d 765, 03‑06‑08)
(Justice Hecht not sitting)
08-0333
TEXAS BANK v. HOMER FEARS, LOUISE FEARS, TERRY FEARS, AND TERESA FEARS; from Rusk County; 6th
district (06‑07‑00080‑CV, 247 SW3d 729, 02‑06‑08)
08-0373
TRANSCONTINENTAL REALTY INVESTORS, INC. AND RT REALTY, L.P. v. MCGUIRE, CRADDOCK, STROTHER &
HALE, P.C.; from Dallas County; 5th district (05‑07‑00050‑CV, 251 SW3d 890, 04‑08‑08)
08-0381
IN RE RAY ELLISON GRANDCHILDREN TRUST DATED MARCH 9, 1982; from Bexar County; 4th district
(04‑06‑00704‑CV, 261 SW3d 111, 04‑02‑08)
08-0396
CITY OF DALLAS v. KEISHA HEARD, ET AL.; from Dallas County; 5th district (05‑07‑00762‑CV, 252 SW3d 98,
04‑22‑08)
08-0481
ENRIQUE CARDENAS GONZALEZ v. KARL R. LEHTINEN AND NATIONWIDE SERVICES, INC.; from Hidalgo County;
13th district (13‑06‑00441‑CV, ___ SW3d ___, 03‑13‑08)
08-0517
LIBERTY INSURANCE COMPANY v. SHELLY FRANK, AS BENEFICIARY OF ERIC FRANK, DECEASED; from Travis
County; 3rd district (03‑06‑00208‑CV, 255 SW3d 314, 04‑11‑08)
08-0547
JOI M. FINDLEY-SMITH, M.D., AND PEGGY TAYLOR, M.D., P.A. v. HOLLY SMITH AND HUSBAND, CHRISTOPHER
SMITH, INDIVIDUALLY AND A/N/F/ OF CAMERON SMITH, A MINOR; from Harris County; 1st district
(01‑07‑00360‑CV, ___ SW3d ___, 02‑28‑08)
08-0552
CARRIE COOPER, M.D. v. RAUL ARIZPE, INDIVIDUALLY AND ALVERA D. ARIZPE, INDIVIDUALLY AND AS
GUARDIAN OF LINDA DIANE ARIZPE; from Bexar County; 4th district (04‑07‑00734‑CV, ___ SW3d ___, 04‑09‑08)
08-0574
THOMAS G. CHASE, JR. v. PARRISH TODD DORTON; from McLennan County; 10th district (10‑07‑00098‑CV, 262
SW3d 396, 07‑02‑08)
08-0577
RENETTA POOLE & WALTER POOLE v. TEXAS WINDSTORM INSURANCE ASSOCIATION; from Travis County; 7th
district (07‑07‑00061‑CV, 255 SW3d 775, 05‑15‑08)
08-0675
PERCY LOFTON, JR., CONAL LOFTON, JAMES LOFTON, LONNIE E. TURNER, CAROL S. LOFTON FOWLER,
DELILAH A. LOFTON AND HORACE LOFTON v. J. EDDIE DYER; from Grimes County; 1st district (01‑07‑00184‑CV,
___ SW3d ___, 05‑15‑08)
08-0757
BLITZ HOLDINGS CORP. AND GCM CORPORATION, LTD. v. GRANT THORNTON, LLP AND DELOITTE &
TOUCHE, LLP; from Harris County; 1st district (01‑04‑00627‑CV, ___ SW3d ___, 05‑08‑08)
08-0759
MCALLEN WORK REHABILITATION CENTER D/B/A MCALLEN WELLNESS CENTER v. RICARDO GOMEZ; from
Hidalgo County; 13th district (13‑07‑00466‑CV, ___ SW3d ___, 07‑31‑08)
THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED NOV. 7, 2008
08-0374
ROSA SERRANO v. RYAN'S CROSSING APARTMENTS; from El Paso County; 8th district (08‑05‑00325‑CV, 241
SW3d 560, 05‑31‑07)
08-0619
CHARLES BELL, JR. v. AIC SUN-BELT GROUP, INC., ENCOMPASS INSURANCE F/K/A CNA PERSONAL
INSURANCE, CONTINENTAL LLOYDS OF TEXAS; from Travis County; 3rd district (03‑06‑00399‑CV, ___ SW3d
___, 04‑17‑08)
08-0670
SHARI A. WYNNE v. CITIBANK (SOUTH DAKOTA), N.A.; from Travis County; 7th district
(07‑06‑00162‑CV, ___ SW3d ___, 04‑25‑08) as redrafted
08-0713
TIFFANY DRAKE v. WILSON N. JONES MEDICAL CENTER; from Grayson County; 5th district (05‑07‑01403‑CV, 259
SW3d 386, 07‑24‑08)
08-0715
LEGAL CONCIERGE, INC. v. ROBERT ORTIZ AND R. ANAICKA ORTIZ; from Dallas County; 5th district
(05‑07‑00692‑CV, 263 SW3d 385, 05‑16‑08)
08-0772
ROSE KABBE v. BUDGET STORAGE USA, ET AL.; from Dallas County; 5th district (05‑07‑01646‑CV, ___ SW3d
___, 06‑17‑08)
08-0818
GEORGE HORN, JR., INDIVIDUALLY AND AS ASSIGNEE OF BURRELL ROWE, AS ADMINISTRATOR OF THE
ESTATE OF ERIC A. HULETT, DECEASED, AND BURRELL ROWE, AS ADMINISTRATOR OF THE ESTATE OF
ERIC A. HULETT, DECEASED v. HOME STATE COUNTY MUTUAL INSURANCE COMPANY; from Sabine County;
12th district (12-07-00094-CV, ___ SW3d ___, 06‑25‑08) as amended
THE PETITIONS FOR REVIEW WERE DENIED OCTOBER 2008
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