TEXAS SUPREME COURT
PETITIONS FOR REVIEW DENIED
PETITIONS FOR REVIEW DENIED
RECENT TEXAS SUPREME COURT
DECISIONS ON THE WEB - DISPOSITIONS
PFRs DENIED OCTOBER 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
THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED OCT. 31, 2008:
08‑0394
CECILE CHILDS v. SCOTT COHRON CRUTCHFIELD, ET AL.; from Jefferson County; 9th district
(09‑07‑00065‑CV, ___ SW3d ___, 04‑10‑08)
08‑0587
IN THE INTEREST OF H.G., K.G., J.G. AND T.G., CHILDREN; from Guadalupe County; 4th district (04‑07‑00656‑CV,
___ SW3d ___, 06‑11‑08)(Dissent)
08‑0638
DONALD M. HOLDEN AND MARY HOLDEN v. SCOTT RIVENES, M.D.; from Fort Bend County; 14th district
(14‑07‑00438‑CV, 257 SW3d 332, 05‑08‑08)
08‑0684
RICK DHANANI v. MS. RUSSELL GILES, AND WACO GAMES AND AMUSEMENTS, INC.; from McLennan County;
10th district (10‑07‑00144‑CV, ___ SW3d ___, 05‑28‑08)
08‑0782
MARION YOUNG v. STATE OF TEXAS; from Travis County; 3rd district (03‑07‑00572‑CV, ___ SW3d ___, 07‑31‑08)
THE FOLLOWING PETITION FOR REVIEW WAS DISMISSED AS MOOT:
08‑0156
LESLIE LANPHIER, R.N. AND REBECCA FRANCIS, R.N. v. TANIA AVIS A/K/A TANIA GREER; from Cass County; 6th
district (06‑07‑00074‑CV, 244 SW3d 596, 01‑10‑08)
respondent's motion to dismiss for lack of jurisdiction granted
PETITIONS FOR REVIEW DENIED OCT. 24, 2008
07‑0915
IN THE INTEREST OF H.R.C., A CHILD; from Kerr County; 4th district (04‑06‑00801‑CV, ___ SW3d ___, 09‑19‑07)
08‑0666
KARON K. CONNELLY, CHARLES D. HOLLEY, AND WELDON HOLLEY, INDIVIDUALLY AND AS NEXT FRIEND TO
THELMA SPARKMAN AND THELMA SPARKMAN v. WANDA JUNE CRENSHAW MCDANIEL; from Nueces County;
13th district (13‑08‑00230‑CV, ___ SW3d ___, 07‑03‑08)
08‑0674
SEAN LUNDY v. MARCOS V. MASSON; from Harris County; 14th district (14‑06‑00581‑CV, 260 SW3d 482,
04‑29‑08)
08‑0679
ARTURO MARROQUIN AND LETICIA MARROQUIN v. JOHN M. FAIRCLOTH AND HELEN BOWEN; from Bandera
County; 4th district (04‑07‑00758‑CV, ___ SW3d ___, 05‑14‑08, pet denied Oct 2008)
08‑0699
TERRY JAMES AND CHARLOTTE MANOR v. JACKIE JOHNSON; from Dallas County; 5th district
(05-07-00638-CV, ___ SW3d ___, 06‑18‑08, pet. denied Oct 2008)(auto accident, negligence, summary judgment)
08‑0701
ALLEN WALKER v. TRB BANCORP, INC.; from Collin County; 5th district (05-07-00901-CV, ___ SW3d ___,
07‑15‑08, pet. denied Oct 2008)(breach of contract, statute of limitations defense, fraudulent inducement)
08-0722
GRAYSON DOUGLAS GILL, ELLEN EVES DENNIS, EMILY SCANLON CRUMP, ROBERT BLAIR SCANLON AND
CALLOWAY, NORRIS & BURDETTE v. JANICE L. MATTOX, ATTORNEY AD LITEM FOR THE UNKNOWN HEIRS OF
HARRISON DOUGLAS FENDLEY, DECEASED; from Dallas County; 5th district (05‑07‑00429‑CV, ___ SW3d ___,
06‑23‑08, pet. denied Oct 2008)(request for expenses and attorney's fees pursuant to the “common fund doctrine.”
That doctrine is an equitable doctrine designed to prevent unjust enrichment).
08‑0730
LAURANCE KRIEGEL v. CLERK'S OFFICE OF THE STATE OFFICE OF ADMINISTRATIVE HEARING, ET AL.
motion to set hearing denied
motion to compel answers denied
PETITIONS FOR REVIEW DENIED OCTOBER 17, 2008
08-0301
ALLEN LANDERMAN v. STATE BAR OF TEXAS; from Collin County; 5th district (05-07-00332-CV, 247 SW3d 426,
03‑05‑08, pet. denied Oct 2008) as redrafted (disciplinary proceeding, motion for new trial)
08-0471
KOLL BREN FUND VI LP AND HARTMAN 3100 WESLAYAN ACQUISITIONS, LP, AS THE PROPERTY OWNERS AND
THE PROPERTY OWNERS v. HARRIS COUNTY APPRAISAL DISTRICT AND THE APPRAISAL REVIEW BOARD OF
HARRIS COUNTY APPRAISAL DISTRICT; from Harris County; 1st district (01‑07‑00321‑CV, ___ SW3d ___,
02‑28‑08) as redrafted
08-0647
MICHAEL ANTHONY PEREZ v. CINDY MARIE PEREZ; from Jefferson County; 9th district (09‑06‑00521‑CV, ___
SW3d ___, 05‑22‑08)
08-0650
KIRK WAYNE MCBRIDE, SR. v. MAIL SYSTEM COORDINATOR'S PANEL & DIRECTOR'S REVIEW COMMITTEE;
from Bee County; 13th district (13‑05‑00560‑CV, ___ SW3d ___, 05‑22‑08)(default judgment reversed, defective
service)
08-0656
CHARLES HALL v. JAMES H. DIEFFENWIERTH, II D/B/A TCI AND ROBERT DALE MORE; from Tarrant County; 2nd
district (02‑07‑00058‑CV, ___ SW3d ___, 06‑12‑08)(workplace injury)
08-0661
MARY STEPHENS, LIFE ESTATE AND EXECUTOR, CHARLES M. STEPHENS FARM v. LCRA TRANSMISSION
SERVICES CORPORATION; from Lampasas County; 3rd district (03‑06‑00604‑CV, ___ SW3d ___, 07‑17‑08)
motion to request record dismissed as moot
08-0688
TERRY SIMMONS v. ELMOW HOLDINGS, INC., F/K/A RIO PUMPING SERVICES, INC.; from Tarrant County; 2nd
district (02‑08‑00027‑CV, ___ SW3d ___, 07‑10‑08)
08-0708
BERNARD DOLENZ v. DALLAS CENTRAL APPRAISAL DISTRICT AND DALLAS COUNTY APPRAISAL REVIEW
BOARD; from Dallas County; 5th district (05‑07‑00885‑CV, 259 SW3d 331, 06‑30‑08)(subject-matter jurisdiction,
property tax appeal, administrative remedies, timeliness) In this ad valorem tax case, Bernard Dolenz appeals the
trial court's judgment dismissing his claims against the Dallas Central Appraisal District and the Dallas County
Appraisal Review Board for want of subject-matter jurisdiction.
08-0709
IN THE MATTER OF A.G.N. A CHILD; from Potter County; 7th district (07‑07‑00312‑CV, ___ SW3d ___, 06‑24‑08)
(juvenile case)
08-0712
ASHWIN ALEXANDER KALIA v. TEXAS DEPARTMENT OF PUBLIC SAFETY; from Bexar County; 4th district
(04‑08‑00001‑CV, ___ SW3d ___, 07‑09‑08)(administrative law judge's ("ALJ") order suspending his driver's license)
PETITIONS DENIED ON OCTOBER 10, 2008
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
07‑0467
7979 AIRPORT GARAGE, LLC v. DOLLAR RENT A CAR SYSTEMS, INC.; from Harris County; 14th district
(14‑05‑00484‑CV, ___ SW3d ___, 04‑27‑07) 2 petitions
07‑0758
LEONARD M. MCCOLLUM v. STEPHEN M. SMITH, SUBSTITUTE TRUSTEE, JLE INVESTORS, INC. D/B/A
ASSOCIATED MORTGAGE INVESTORS AND HOUSTON SAVINGS BANK; from Harris County; 1st district
(01‑05‑00472‑CV, ___ SW3d ___, 08‑09‑07)
07‑0952
VINCENT MAES, CYNTHIA MAES AND THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA v. EL
PASO ORTHOPAEDIC SURGERY GROUP; from El Paso County; 8th district (08‑06‑00071‑CV, 243 SW3d 695,
08‑30‑07)(Vincent and Cynthia Maes and The Insurance Company of the State of Pennsylvania appeal the dismissal
of a health care liability suit against the El Paso Orthopaedic Surgery Group (EPOSG). They also complain of the
severance of this suit from the claims remaining in the trial court. For the following reasons, we affirm
08‑0081
KARL PAUL MATTLAGE v. CELESTE MATTLAGE, MARK MATTLAGE, ROBERT SNOWDEN AND PATRICIA LONG;
from McLennan County; 10th district (10‑06‑00260‑CV, 243 SW3d 763, 11‑07‑07)(declaratory judgment that the will
prevails over the contract)
08-0275
PANQUITA CARTER v. UNIVERSITY TEXAS SYSTEMS; from Dallas County; 5th district (05-07-00592-CV, ___
SW3d ___, 02-25-08, pet. denied Oct. 2008)(workers comp, compensable injury, carpal tunnel syndrome, frivolous
appeal sanctions denied)
08-0317
BEVER PROPERTIES, L.L.C. AND JESSE M. TAYLOR, D.D.S., P.A. v. PLANO PARKWAY OFFICE CONDOMINIUMS;
from Collin County; 5th district (05-05-01533-CV, 246 SW3d 188, 11-26-07, pet denied Oct 2008)(condominium act)
pet denied Oct 2008)(condo law)
08-0395
TOM RAMSAY v. TEXAS TRADING CO., INC. AND ADM INVESTOR SERVICES, INC.; from Hopkins County; 6th
district (06‑07‑00043‑CV, 254 SW3d 620, 05‑05‑08)(agreement's forum-selection clause is enforceable)
08‑0458
JASON MARIS v. TADD HENDRICKS, AS INDEPENDENT EXECUTOR OF THE ESTATE OF MELISSA HENDRICKS,
DECEASED, TADD HENDRICKS, INDIVIDUALLY AND AS NEXT FRIEND OF JOSHUA AND DANIEL HENDRICKS,
MINORS, AND CHARLIE MORELLO; from Denton County; 2nd district (02‑07‑00300‑CV, ___ SW3d ___, 05‑01‑08)
(order denying his motion to dismiss the health care liability claims)
08‑0493
TAMI BERGER MARTIN v. CLYDE C. BERGER (INDIVIDUALLY, AS INDEPENDENT ADMINISTRATOR OF THE
ESTATE OF MILDRED JACQUELYN BERGER, AND AS TRUSTEE OF THE BERGER TRUST); from Brazos County;
10th district (10‑06‑00281‑CV, ___ SW3d ___, 04‑09‑08)(intervened in the administration of the estate)
08‑0527
VANSTEEN MARINE SUPPLY, INC., KOPCKE INTERNATIONAL, U.S.A., INC., CURTIS L. CRONKHITE, AND RON
FAUSETT v. TWIN CITY FIRE INSURANCE COMPANY AND HARTFORD INSURANCE COMPANY; from Harris
County; 13th district (13‑05‑00231‑CV, ___ SW3d ___, 03‑06‑08)(judgment declaring the non-competition clause
void and sought damages for libel and defamation, both of which were covered by a commercial general liability
insurance policy that Vansteen had purchased from Hartford)
08‑0568
HAROLD GRANEK, M.D. v. TEXAS STATE BOARD OF MEDICAL EXAMINERS AND DONALD W. PATRICK, M.D.;
from Travis County; 3rd district (03‑07‑00380‑CV, ___ SW3d ___, 03‑19‑08)
08‑0579
DAVID Y. TANG v. JIANGUANG WANG AND YELLOW EMPEROR COMMUNICATIONS, INC D/B/A HOUSTON
CHINESE PRESS; from Harris County; 1st district (01‑08‑00009‑CV, 260 SW3d 149, 06‑05‑08)
(libel claims, plaintiff a limited purpose public figure)
08‑0608
YATES CARPET, INC. AKA YATES FLOORING CENTER AKA YATES CARPET & INTERIORS AKA DISCOUNT
CARPET WAREHOUSE v. THE TRAVELERS LLOYDS INSURANCE COMPANY; from Lubbock County; 7th district
(07‑06‑00478‑CV, ___ SW3d ___, 06‑19‑08)(duty to defend)
08‑0621
IN THE MATTER OF T.G.; from Bell County; 3rd district (03‑07‑00543‑CV, ___ SW3d ___, 06‑19‑08)
(juvenile case)
08‑0626
EX PARTE RIGOBERTO RODRIGUEZ; from Tarrant County; 2nd district (02‑07‑00079‑CV, ___ SW3d ___,
06‑19‑08) (application for writ habeas corpus relief)
08‑0663
IN THE INTEREST OF J.M., L.M. AND K.M., CHILDREN; from Brazos County; 10th district (10‑08‑00108‑CV, ___
SW3d ___, 06‑11‑08)(appeal of judgment terminating parental rights)
08‑0678
GUY SPARKMAN v. RELIASTAR LIFE INSURANCE COMPANY; from Smith County; 13th district (13‑03‑00500‑CV,
___ SW3d ___, 05‑15‑08)(interpleader action)
08-0693
ENRIQUE BENAVIDES, JR., M.D. v. NANCY ORTEGON; from Webb County; 4th district (04‑05‑00768‑CV, ___ SW3d
___, 03‑05‑08, pet. denied Oct. 2008)(medical malpractice case, re-open the sutures to retrieve a surgical sponge
res ispa loquitor claims of negligence)
08‑0745
IN THE INTEREST OF K.M. AND J.O. MINOR CHILDREN; from Bexar County; 4th district (04‑08‑00037‑CV, ___
SW3d ___, 07‑30‑08, pet. denied Oct 2008)(accelerated appeal concerning the trial court’s termination of parental
rights to mother's children, appellate points were determined to be frivolous) as redrafted
PETITIONS DENIED ON OCTOBER 3, 2008
THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED:
08-0546
MARK SWANK AND JAMES J. MCCOY, JR., INDIVIDUALLY AND IN THEIR DERIVATIVE CAPACITY ON BEHALF OF
APPLIED MARINE PROPULSION SERVICES, INC. v. LLOYD R. CUNNINGHAM, MARTI L. BATSON, CUNNINGHAM &
ASSOCIATES, P.C., KEVIN J. MCEVILY, RICHARD L. FLOWERS, JR., MCEVILY & FLOWERS, JOHN L. VERNER,
AUBREY CALVIN, THE CALVIN LAW FIRM, MICHAEL MALONE AND BATTLE FOWLER, L.L.P.; from Harris County;
11th district (11‑06‑00172‑CV, 258 SW3d 647, 03-27-08)(legal malpractice, breaches of fiduciary duties,
conspiracy, conversion, and fraud)
For the reasons set forth above, the trial court properly granted summary judgment to appellees on the following
grounds: (1) that Swank and McCoy lack standing to assert their claims; (2) that Swank's and McCoy's causation
and damages theories are fatally speculative; and (3) that Swank and McCoy are not entitled to fee disgorgement.
Because summary judgment was proper on these grounds, we need not address the merits of the other summary
judgment grounds advanced by appellees. We overrule Swank's and McCoy's appellate issues.
08-0593
SP MIDTOWN, LTD. D/B/A SPACE PLACE MIDTOWN v. URBAN STORAGE, L.P. AND MIDTOWN STORAGE, L.L.C.;
from Harris County; 14th district (14‑07‑00717‑CV, ___ SW3d ___, 05-08-08)
SP Midtown Ltd. v. Urban Storage, LLC (Tex.App.- Houston [14th Dist.] May 8, 2008)(Anderson)
(trade secrets, tortious interference, civil conspiracy)
We reverse the judgment of the trial court granting Midtown's summary judgment motion as to Space Place's causes
of action for theft, misappropriation, and/or misuse of confidential information and/or trade secrets; unjust
enrichment; tortious interference with contractual relationships; and conspiracy to misappropriate, tortiously interfere
with contractual relationships, and induce the breach of a fiduciary duty. We remand these portions of the judgment
to the trial court for further proceedings consistent with this opinion. We affirm the judgment of the trial court
granting Midtown's summary judgment motion as to Space Place's causes of action for tortious interference with
prospective business relationships and conspiracy to tortiously interfere with prospective business relationships.
08-0602
NANCY ORTEGON v. ENRIQUE BENAVIDES, M.D.; from Webb County; 4th district
(04‑05‑00768‑CV, ___ SW3d ___, 03-05-08) (medical malpractice, res ipsa loquitur, sponge left in body after
surgery)
Also see --> Petitions for Review Denied in September 2008
|
1