TEXAS SUPREME COURT
PETITIONS FOR REVIEW DENIED
RECENT TEXAS SUPREME COURT
DECISIONS ON THE WEB - DISPOSITIONS
PFRs DENIED SEPTEMBER 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 DENIED ON SEPTEMBER 26, 2008
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
06-0384
CELOTEX CORPORATION, LECIL M. COLBURN, AND DAVID MURRY v. WAREHOUSE ASSOCIATES CORPORATE
CENTRE II, INC., WAREHOUSE ASSOCIATES CORPORATE CENTRE POST OAK, LTD., AND WAREHOUSE
ASSOCIATES DEVELOPMENT, INC.; from Harris County; 14th district (14-03-01444-CV, 192 SW3d 225, 03-30-06)
2 petitions
as reinstated
07-0495
SOUTHWEST GRAIN CO. v. MARTIN P. GARZA, JR., ABEL N. GONZALEZ, JR. AND AIDA GRACIELA GONZALEZ;
from Hidalgo County; 13th district (13-04-00409-CV, ___ SW3d ___, 04-12-07)
as reinstated
07-1001
BASIL BROWN AND YVONNE BROWN v. TEXAS BOARD OF NURSE EXAMINERS, ET AL.; from Travis County; 3rd
district (03-05-00508-CV, ___ SW3d ___, 10-18-07)
as redrafted
07-1073
GAMAL ABDEL-HAFIZ v. ABC, INC., ABC NEWS, INC., ABC NEWS HOLDING COMPANY, INC., CHARLES GIBSON,
BRIAN ROSS, ROBERT WRIGHT, AND JOHN VINCENT; from Tarrant County; 2nd district (02-06-00244-CV, 240
SW3d 492, 11-15-07)
(Justice Hecht not sitting)
07-1074
GAMAL ABDEL-HAFIZ v. FOX ENTERTAINMENT GROUP, INC., FOX BROADCASTING CO., FOX NEWS, INC., FOX
NEWS NETWORK, INC., FOX NEWS NETWORK, L.L.C., FOX NEWSHOLDINGS, INC., AND BILL O'REILLY; from
Tarrant County; 2nd district (02-06-00353-CV, 240 SW3d 524, 11-15-07)
(Justice Hecht not sitting)
08-0105
TARGET CORPORATION v. MRO SOUTHWEST, INC., D/B/A CROSSROADS MALL OF SAN ANTONIO, MRO
MANAGEMENT, INC. AND GUADALUPE CULTURAL ARTS CENTER; from Bexar County; 4th district
(04-07-00078-CV, ___ SW3d ___, 12-19-07)
08-0118
MELODY ALLISON, INDIVIDUALLY AND A/N/F OF DOROTHY MUELLER, ET AL. v. CHRIS UCHE, M.D.; from
Galveston County; 1st district (01-06-00546-CV, ___ SW3d ___, 10-11-07)
08-0141
MARY C. ACOSTA v. HEMLATA CHHEDA, D.D.S.; from Harris County; 1st district (01-07-00398-CV, ___ SW3d ___,
11-01-07)
08-0178
IN THE INTEREST OF C.A.M.M., A MINOR CHILD; from Harris County; 14th district (14-06-00279-CV, 243 SW3d
211, 10-30-07)
08-0245
TEXAS DEPARTMENT OF TRANSPORTATION v. MID-SOUTH PAVERS, INC.; from Travis County; 3rd district
(03-06-00666-CV, 246 SW3d 711, 12-19-07)
08-0253
IN THE INTEREST OF B.P.H. AND T.M.H., CHILDREN; from Deaf Smith County; 7th district (07-07-00006-CV, ___
SW3d ___, 02-14-08)
08-0270
ENVIROPOWER, L.L.C. v. BEAR, STEARNS & CO., INC.; from Harris County; 1st district (01-04-01111-CV, ___
SW3d ___, 02-21-08)
08-0283
COLLINS & AIKMAN FLOORCOVERINGS, INC. v. JAMES BRADLEY THOMASON; from Bexar County; 4th district
(04-06-00550-CV, 256 SW3d 402, 02-27-08)
08-0292
CITY OF FORT WORTH, TEXAS v. ARNOLDO DOMINGUEZ, ET AL.; from Tarrant County; 2nd district
(02-06-00196-CV, ___ SW3d ___, 03-06-08)
08-0329
GUADALUPE ALMANZA v. PYRAMID HEALTHCARE CORPORATION D/B/A ABILENE CONVALESCENT CENTER,
SENIOR LIVING PROPERTIES, L.L.C., AND WYVONNE ROYSDON; from Jones County; 11th district
(11-06-00129-CV, ___ SW3d ___, 03-13-08)
08-0349
HECTOR HINOJOSA, JR. v. CITIBANK (SOUTH DAKOTA), N.A.; from Dallas County; 5th district (05-07-00059-CV,
___ SW3d ___, 03-04-08)
08-0355
JOHN C. SCOTT v. WILLIAM E. KING; from Galveston County; 1st district (01-06-00565-CV, ___ SW3d ___,
03-27-08)
08-0361
PAUL MARTIN CLARK AND BLACK CITIZENS FOR JUSTICE, LAW AND ORDER, INC. v. GLADYS ELAINE BLANTON
JENKINS; from Henderson County; 7th district (07-06-00385-CV, 248 SW3d 418, 02-22-08)
08-0370
BROOKSTONE, L.P. AND LIBERTY MUTUAL INSURANCE COMPANY v. GUSTAVO ARIAS D/B/A GUS TRUCKING
SERVICE; from Harris County; 1st district (01-05-00746-CV, ___ SW3d ___, 12-20-07)
08-0371
DALLAS COUNTY v. CAYCE COSKEY; from Dallas County; 5th district (05-07-00160-CV, 247 SW3d 753, 03-04-08)
08-0385
NANCY SAINT-PAUL v. THE CITY OF GALVESTON, TEXAS; BOARD OF TRUSTEES OF GALVESTON WHARVES;
AND BP ENERGY COMPANY; from Galveston County; 1st district (01-06-00580-CV, ___ SW3d ___, 02-14-08)
08-0389
IN RE TOWNLEY BYPASS UNIFIED CREDIT TRUST; from Rusk County; 6th district (06-07-00025-CV, 252 SW3d
715, 04-09-08)
08-0392
ROY H. BRAY v. THE CADLE COMPANY; from Harris County; 1st district (01-06-00899-CV, ___ SW3d ___,
01-24-08)
08-0412
THE SIMMONS MANUFACTURING CO., LLC, IMPROPERLY NAMED BY PLAINTIFF/APPELLANT AS SIMMONS
BEDDING COMPANY v. JOE ANN SMITH; from Dallas County; 5th district (05-07-00823-CV, 250 SW3d 200,
04-14-08)
08-0424
WAYNE ERNEST BARKER v. STEVEN R. HALBERT, ET AL.; from Cherokee County; 6th district (06-08-00045-CV,
___ SW3d ___, 05-06-08)
08-0456
MONICA EDIE RENER JONES v. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Denton County;
2nd district (02-07-00178-CV, ___ SW3d ___, 05-01-08)
2 petitions
08-0459
ROBERT GENE CUNNINGHAM, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF PATRICIA
MAUDINE CUNNINGHAM, TRACY JEANNE CUNNINGHAM LANG AND ROBIN LEE CUNNINGHAM BISHOP v. BLUE
CROSS BLUE SHIELD OF TEXAS, A DIVISION OF HEALTH CARE SERVICE CORPORATION, A MUTUAL LEGAL
RESERVE COMPANY; from Tarrant County; 2nd district (02-06-00363-CV, ___ SW3d ___, 02-21-08)
08-0472
VICTOR A. PALLARES, M.D. AND PAIN AND ANESTHESIA ASSOCIATES, P.L.L.C. D/B/A HEADACHE + PAIN
CENTER v. MAGIC VALLEY ELECTRIC COOPERATIVE, INC.; from Cameron County; 13th district (13-07-00559-CV,
___ SW3d ___, 05-08-08)
08-0475
ARMANDO RAMOS, SR. v. DR. IAN RICHARDSON AND VALLEY BAPTIST MEDICAL CENTER; from Cameron
County; 13th district (13-05-00204-CV&13-05-00205-CV, ___ SW3d ___, 04-24-08)
08-0480
PAMELA INGRAM v. WHITE SETTLEMENT INDEPENDENT SCHOOL DISTRICT; from Tarrant County; 2nd district
(02-07-00306-CV, ___ SW3d ___, 05-01-08)
08-0495
IN RE THE COMMITMENT OF TODD MITCHELL; from Montgomery County; 9th district (09-07-00002-CV, ___ SW3d
___, 03-20-08)
08-0509
GULF MARINE INSTITUTE OF TECHNOLOGY AND BIOMARINE TECHNOLOGIES, INC. v. JERRY PATTERSON,
COMMISSIONER OF THE GENERAL LAND OFFICE; from Matagorda County; 13th district (13-06-00067-CV, ___
SW3d ___, 02-28-08)
(Chief Justice Jefferson not sitting)
08-0522
GALVESTON BEVERAGE, LTD. v. THE GAMBRINUS COMPANY; from Bexar County; 4th district (04-07-00265-CV,
___ SW3d ___, 05-14-08)
(Justice Hecht not sitting)
08-0535
CELESTINA ADAME, INDIVIDUALLY AND AS NEXT FRIEND OF ERICA ADAME, A MINOR, ET AL v. LAW OFFICES
OF ALLISON & HUERTA, A TEXAS GENERAL PARTNERSHIP, DOUGLAS A. ALLISON, STEVE T. HASTINGS,
ALBERTO R. HUERTA AND JEANETTE CANTU-BAZAR; from Nueces County; 13th district (13-04-00670-CV, ___
SW3d ___, 05-22-08)
08-0564
IN THE INTEREST OF S.T., A CHILD; from Brazos County; 10th district (10-07-00306-CV, ___ SW3d ___, 05-28-08)
2 petitions
as amended
08-0616
BARBARA HOLLADAY, RICHARD H. BYRNE, MICHAEL V. BYRNE AND JAMES E. BYRNE, JR., INDIVIDUALLY AND
NOT AS INDEPENDENT EXECUTOR OF THE ESTATE OF RUSSELL E. WOMACK, DECEASED v. DEAH'DRA ANNE
CUMMINGS, NANCY HIGGINSON, DEBBIE CHEADLE, ARTHUR CHEADLE, CAMILLE SAWAYA, WAYNE CARSON
AND RAEANNE MARTIN; from Lubbock County; 7th district (07-07-00446-CV, ___ SW3d ___, 05-28-08)
08-0629
JERRY VALDEZ v. DOROTHY H. MELLO; from Bexar County; 4th district (04-07-00712-CV, ___ SW3d ___,
06-04-08)
PETITIONS FOR REVIEW DENIED SEPTEMBER 19, 2008
THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED:
08-0455
EX PARTE GARY HAMPTON; from Dallas County; 5th district (05-07-00523-CV, ___ SW3d ___, 03-26-08, pet
denied Sep. 2008) (expunction denied)
08-0510
BIOSILK SPA, L.P., F.K.A. ONE MARENGO, L.P. v. HG SHOPPING CENTERS, L.P.; from Harris County; 14th district
(14-06-00986-CV, ___ SW3d ___, 05-08-08, pet. denied Sep. 2008) (fraud, fraudulent inducement, negligent
misrepresentation, and promissory estoppel, no reasonable reliance)
08-0562
IN THE MATTER OF S.C.; from Travis County; 3rd district
(03-06-00397-CV, ___ SW3d ___, 07-03-08, pet. denied Sep 2008) (juvenile case, aggravated robbery, murder,
transfer order affirmed)
08-0565
GARY DEAN BROOKS v. DANA LEDON BROOKS; from Wise County; 2nd district
(02-07-00270-CV, 257 SW3d 418, 06-05-08, pet. denied Sep 2008)(mediated settlement agreement, estoppel)
08-0594
TRUDY LEGGETT, INDIVIDUALLY AND AS HEIR OF NATHAN LEGGETT, DECEASED v. CITY OF AUSTIN, TEXAS;
from Travis County; 3rd district (03-07-00345-CV, 257 SW3d 456, 06-12-08, pet. denied Sep. 2008)(TTCA,
drowning death, flooded street, sovereign immunity)
08-0604
WILLIAM WYROSKI v. DANNY R. CHOATE INSULTECH OF TEXAS, INC, D/B/A INSULTECH; from Tarrant County;
2nd district (02-07-00262-CV, ___ SW3d ___, 06-19-08, pet denied Sep. 2008)
08-0640
R2 ENTERPRISES, INC. AND TED REEVES v. VERNON WHIPPLE; from Denton County; 2nd district
(02-07-00257-CV, ___ SW3d ___, 06-26-08, pet. denied Sep 2008)(JNOV, partnership dispute, no standing)
PETITIONS FOR REVIEW DENIED SEPTEMBER 12, 2008:
08-0460
JOSE THOTTUMKAL AND SARAMMA THOTTUMKAL v. LARRY MCDOUGAL; from Fort Bend County; 14th district
(14-06-00364-CV, 251 SW3d 715, 01-15-08)(frivolous suit sanctions in favor of defendant attorney affirmed)
08-0499
REBECCA DUNN GRIDER v. MIKE O'BRIEN, P.C., O'QUINN & LAMINACK, AND ITS SUCCESSORS IN INTEREST,
THE O'QUINN FIRM, JOHN M. O'QUINN, AND KAISER & MAY, L.L.P.; from Harris County; 1st district
(01-07-00006-CV, ___ SW3d ___, 05-08-08)(legal malpractice suit stemming from medical malpractice suit)
08-0538
ELTON ADAMCHEK, ET AL. v. REYNOLDS METAL COMPANY, ET AL.; from Wharton County; 13th district
(13-06-00240-CV, ___ SW3d ___, 04-24-08)(nuisance, groundwater contamination, summary judgment)
08-0550
ESTATE OF WALTER ARTHUR KRIEGEL, DECEASED; from Parmer County
petitioner's motion for summary judgment denied
08-0573
MICHAEL LOU GARRETT v. LARRY E. BERGER, ET AL.; from Wichita County; 2nd district
(02-08-00030-CV, ___ SW3d ___, 06-19-08)(pro se prisoner suit, inmate litigation, temporary injunction appeal)
08-0588
MICHAEL O. MURRAY AND WHITNEY W. MURRAY v. THE CADLE COMPANY; from Dallas County; 5th district
(05-06-01481-CV, 257 SW3d 291, 04-25-08)(lien priority, foreclosure, equitable subrogation)
08-0610
MARK ZIMMER v. PALESTINE HERALD-PRESS CO., NEWSPAPER HOLDINGS, INC., AND SCOTT TYLER; from
Cherokee County; 12th district (12-07-00139-CV, 257 SW3d 504, 06-25-08)(defamation, verifiable statement of fact
vs. opinion)
08-0612
MARIA GLORIA NASH v. BRENDA GRAY; from Tarrant County; 2nd district
(02-07-00351-CV, ___ SW3d ___, 06-19-08)(dispute over life insurance proceeds, current and former wife)
PETITIONS FOR REVIEW DENIED SEPTEMBER 5, 2008:
08-0525
H. LANCE STINNETT AND METZ B. CASTLEBERRY v. SFJV-2003-1, LLC; from Parker County; 2nd district
(02-06-00445-CV, ___ SW3d ___, 04-03-08) (suit on a promissory note, challenge to summary judgment affidavits
overruled)
08-0599
LANGSTON, SWEET & FREESE, P.A. AND SWEET & FREESE, P.L.L.C. v. CLETUS P. ERNSTER, III; CLETUS P.
ERNSTER, III, P.C.; AND R.G. TAYLOR, II, P.C.; from Jefferson County; 9th district
(09-07-00435-CV, 255 SW3d 402, 05-08-08) (special appearance, personal jurisdiction, interlocutory appeal)
See ---> Petitions for Review Denied August 2008