TEXAS SUPREME COURT
ORDERS FEBRUARY 2009
(orders without opinions)
ORDERS FEBRUARY 2009
(orders without opinions)
RECENT ORDERS ISSUED BY THE SUPREME COURT OF TEXAS
April 2008 Orders | May 2008 Orders | June 2008 Orders | July 2008 Orders |
August 2008 Orders | September 2008 Orders | October 2008 Orders | November 2008 Orders |
December 2008 Orders | Petitions denied January 2009 |
Please note that there are separate pages for
Orders Granting Petitions, Orders Denying Petitions for Review,
and for Texas Supreme Court Opinions
Orders Pronounced February 13, 2009
THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:
06‑0097 GILBERT KERLIN, INDIVIDUALLY, GILBERT KERLIN, TRUSTEE, WINDWARD OIL & GAS
CORP., AND PI CORP v. GLORIA SOTO ARIAS, ET AL.; from Cameron County; 13th district
(13‑03‑00364‑CV, ___ SW3d ___, 01‑05‑06)
08‑0524 IN RE DEPARTMENT OF FAMILY & PROTECTIVE SERVICES; from Harris County; 1st district
(01‑08‑00348‑CV, 265 SW3d 545, 06‑30‑08)
stay order issued July 3, 2008, as reinstated, lifted
ORDERS ON CASES GRANTED
THE FOLLOWING DISCIPLINARY APPEAL IS SET FOR ORAL ARGUMENT:
08‑0705 BOMA O. ALLISON v. COMMISSION FOR LAWYER DISCIPLINE
[Note: This case has been set for oral argument at 9:00 a.m., March 11, 2009.]
Time allotted to argue: 20/20 minutes
THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
07‑0205 WAFFLE HOUSE, INC. v. CATHIE WILLIAMS; from Tarrant County; 2nd district
(02‑05‑00373‑CV, ___ SW3d ___, 02‑01‑07)
[Note: This case has been set for oral argument at 9:00 a.m., March 12, 2009.]
Time allotted to argue: 20/20 minutes
07‑0815 INTERCONTINENTAL GROUP PARTNERSHIP v. KB HOME LONE STAR L.P.; from Hidalgo
County; 13th district (13‑06‑00617‑CV, ___ SW3d ___, 08‑23‑07)
[Note: This case has been set for oral argument at 9:00 a.m., March 12, 2009.]
Time allotted to argue: 20/20 minutes
08‑0043 TIMPTE INDUSTRIES, INC. AND TIMPTE, INC. v. ROBERT GISH AND PINNACOL
ASSURANCE; from Hale County; 7th district (07‑06‑00215‑CV, ___ SW3d ___, 11‑30‑07)
[Note: This case has been set for oral argument at 9:00 a.m., March 11, 2009.]
Time allotted to argue: 20/20 minutes
08‑0175 WHIRLPOOL CORPORATION v. MARGARITA CAMACHO, ET AL.; from Hidalgo County; 13th
district (13‑05‑00361‑CV, 251 SW3d 88, 01‑17‑08)
[Note: Oral argument of this case will be conducted on Tuesday, March 10, 2009 at 9:00 a.m. at South
Texas College of Law, Houston, Texas. See Tex. Const. art. V, § 3(a).]
Time allotted to argue: 20/20 minutes
(Justice O'Neill not sitting)
08‑0262 ROY KENJI YAMADA, M.D. v. LAURA FRIEND, INDIVIDUALLY AND AS PERSONAL
REPRESENTATIVE OF THE ESTATE OF SARAH ELIZABETH FRIEND, DECEASED, AND LUTHER
FRIEND, INDIVIDUALLY; from Tarrant County; 2nd district (02‑07‑00177‑CV, ___ SW3d ___,
02‑28‑08)
[Note: Oral argument of this case will be conducted on Tuesday, March 10, 2009 at 9:00 a.m. at South
Texas College of Law, Houston, Texas. See Tex. Const. art. V, § 3(a).]
Time allotted to argue: 20/20 minutes
08‑0363 STATE OFFICE OF RISK MANAGEMENT v. MARY LAWTON; from Brazos County; 10th
district (10‑07‑00072‑CV, 256 SW3d 436, 04‑16‑08)
[Note: This case has been set for oral argument at 9:00 a.m., March 11, 2009.]
Time allotted to argue: 20/20 minutes
08‑0390 MBM FINANCIAL CORPORATION N/K/A MBM FINANCIAL INTERESTS, L.P. AND MARIMON
BUSINESS SYSTEMS, INC. v. THE WOODLANDS OPERATING COMPANY, L.P.; from Montgomery
County; 9th district (09‑07‑00060‑CV, 251 SW3d 174, 04‑10‑08)
[Note: This case has been set for oral argument at 9:00 a.m., March 12, 2009.]
Time allotted to argue: 20/20 minutes
(Justice O'Neill not sitting)
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS SET FOR ORAL ARGUMENT:
08‑0836 IN RE WEEKLEY HOMES, L.P.; from Dallas County; 5th district (05‑08‑01249‑CV, ___ SW3d
___, 09‑24‑08)
[Note: This case has been set for oral argument at 9:00 a.m., March 31, 2009.]
Time allotted to argue: 20/20 minutes
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITION FOR REVIEW IS DISMISSED FOR WANT OF JURISDICTION:
08‑1016 VERONICA ELWELL v. COUNTRYWIDE HOME LOANS, INC. F/B/O WARBURG REAL
ESTATE SECURITIES, INC.; from Dallas County; 5th district (05‑07‑01753‑CV, 267 SW3d 566,
10‑15‑08)
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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)
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)
08‑0552 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)
08‑0567 BRUCE WAYNE HOUSER v. KENNY K. ALLEN, ET AL.; from Jefferson County; 9th district
(09‑07‑00106‑CV, ___ SW3d ___, 05‑15‑08)
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
08‑0976 IN RE ELVERA M. JOHNSON, IN HER OFFICIAL CAPACITY AS DISTRICT CLERK OF
PARKER COUNTY, TEXAS; from Parker County; 2nd district (02‑08‑00063‑CV, ___ SW3d ___,
04‑18‑08)
08‑1025 IN RE AXEL MICHAEL SIGMAR; from Walker County; 10th district (10‑08‑00328‑CV, 270
SW3d 289, 11‑05‑08)
08‑1084 IN RE LAURANCE KRIEGEL; from Parmer County; 7th district (07‑08‑00391‑CV, ___ SW3d
___, 10‑31‑08)
08‑1085 IN RE LAURANCE KRIEGEL; from Parmer County
09‑0017 IN RE EDDIE EDINGTON; from Shackelford County; 2nd district (02‑08‑00415‑CV, ___ SW3d
___, 11‑26‑08)
motion to dismiss for lack of subject matter jurisdiction and request for sanctions denied
09‑0018 IN RE JOSE LUIS PENA; from Cameron County; 13th district (13‑94‑00303‑CV, ___ SW3d
___, 03‑20‑97)
09‑0074 IN RE JOHN THOMAS IZZO; from Williamson County; 3rd district (03‑08‑00740‑CV, ___
SW3d ___, 01‑08‑09)
motion for temporary relief denied
Orders Pronounced February 6, 2009
THE FOLLOWING PETITIONS FOR REVIEW ARE STRUCK PURSUANT TO TEXAS RULE OF
APPELLATE PROCEDURE 9.4(i):
09‑0008 JAMES AND DOROTHY ADAMS v. WMC MORTGAGE CORP., EMMANUEL D. GAINES AND
DARRELL TURNER; from Harris County; 14th district (14‑06‑00671‑CV, ___ SW3d ___, 07‑03‑08)
The Court strikes the petition for review with the following notation: "The petition violates Texas Rules
of Appellate Procedure 53.6 and is struck. Petitioner is ordered to redraw; the redrawn petition is due
to be filed February 17, 2009."
09‑0095 CINDY SCHLAPPER v. RAND FOREST, BUCK CHILDERS, ROBERT LEONARD STEWART
D/B/A ROBERT LEONARD, MIKE KEUHL, SHORELINE DEVELOPMENT, FLAGSHIP MARINE,
DOROTHY STEWART UZZELL, BETTY STEWART HANSON; from Travis County; 3rd district
(03‑06‑00315‑CV, ___ SW3d ___, 11‑07‑08)
The Court strikes the petition for review with the following notation: "The petition violates Texas Rules
of Appellate Procedure 9.4(c), (d) and 53.6 and is struck. Petitioner is ordered to redraw; the redrawn
petition is due to be filed February 17, 2009."
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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)
08‑0691 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)
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE ABATED:
08‑0977 IN RE RUBEN S. MARTIN III; from Harris County; 1st district (01‑08‑00782‑CV, ___ SW3d
___, 11‑14‑08) abatement order issued
[Note: The case is abated under Tex. R. App. P. 7.2(b) for thirty days.]
09‑0051 IN RE MILTON M. SMITH; from Dallas County; 5th district (05‑08‑01150‑CV, ___ SW3d ___,
09‑12‑08) abatement order issued
[Note: Effective as of January 30, 2009, the case is abated pursuant to Tex. R. App. P. 8.2 until further
order of this Court and is removed from the Court's active docket, subject to reinstatement upon
proper motion. Tex. R. App. P. 8.3. All motions and other documents pending or filed are abated
subject to being reurged in the event the case is reinstated. Tex. R. App. P. 8.2 and 8.3. It is the
parties' responsibility to immediately notify this Court once the automatic bankruptcy stay is lifted.]
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
08‑1086 IN RE BILLY HOLMES A/K/A BILLY RIHCARDS; from Bee County; 13th district
(13‑08‑00578‑CV, ___ SW3d ___, 10‑09‑08)
09‑0056 IN RE PAUL JAMES KOUMJIAN; from Walker County; 10th district
motion for leave to file interlocutory appeal, being treated as a petition for writ of mandamus, denied
emergency motion for relief denied
motion for access to photocopier denied
motion to forward record denied