TEXAS SUPREME COURT
PETITIONS FOR REVIEW DENIED
AUGUST 2009
PETITIONS FOR REVIEW DENIED
AUGUST 2009
2009 TEXAS SUPREME COURT
DECISIONS:
PETITION DENIALS WITHOUT OPINION
December 2008 Petition Denials
January 2009 Petition Denials
February 2009 Petition Denials
March 2009 Petition Denials
April 2009 Petition Denials
May 2009 Petitions Denied
June 2009 Petitions Denied
July 2009 Petition Denials
August 2009 Denied Petitions for Review
September 2009 Petition for Review Denials
October 2009 Petition for Review Denials
November 2009 Orders Denying Petitions for Review
December 2009 Decisions Denying Petition for Review
PFR DENIALS ANNOUNCED AUGUST 2009
Petitions for Review Denied August 2009
THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED AUG. 21, 2009:
05-0755
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 170 v. HARRIS COUNTY, TEXAS AND
HARRIS COUNTY FLOOD CONTROL DISTRICT; from Harris County; 1st district
(01-03-01045-CV, ___ SW3d ___, 06-09-05, pet denied Aug. 2009)
08-0437
MOTOR VEHICLE BOARD OF THE TEXAS DEPARTMENT OF TRANSPORTATION AND
METRO FORD TRUCK SALES, INC. v. FREIGHTLINER CORPORATION AND FORD MOTOR
COMPANY; 3rd district (03-05-00289-CV, 255 SW3d 356, 05-01-08, pet denied Aug. 2009)
2 petitions (Justice Wainwright not sitting)
08-0454
MOTOR VEHICLE BOARD OF THE TEXAS DEPARTMENT OF TRANSPORTATION AND
METRO FORD TRUCK SALES, INC. v. FORD MOTOR CO. AND STERLING TRUCK CO.;
3rd district (03-05-00288-CV, ___ SW3d ___, 05-01-08, pet denied Aug. 2009)
2 petitions, as amended (Justice Wainwright not sitting)
08-0457
MOTOR VEHICLE BOARD OF THE TEXAS DEPARTMENT OF TRANSPORTATION AND
METRO FORD TRUCK SALES, INC. v. FORD MOTOR CO.; 3rd district
(03-05-00290-CV, ___ SW3d ___, 05-01-08, pet denied Aug. 2009) 2 petitions (Justice
Wainwright not sitting)
08-0786
THE CITY OF SAN ANTONIO v. CONTINENTAL HOMES OF TEXAS, L.P.; from Bexar County;
4th district (04-07-00038-CV, 275 SW3d 9, 04-16-08, pet denied Aug. 2009)
motion to abate denied
08-0872
ACADEMY OF SKILLS & KNOWLEDGE, INC. v. CHARTER SCHOOLS, USA, INC.; from Smith
County; 12th district (12-07-00027-CV, 260 SW3d 529, 06-25-08, pet denied Aug. 2009)
2 petitions
08-0878
ROXANE WEST v. JOHN L. HUBBLE, INDIVIDUALLY, MARK PISTORIUS, INDIVIDUALLY AND
HUBBLE PISTORIUS, ATTORNEYS AT LAW; from Dallas County;
5th district (05-06-01683-CV, ___ SW3d ___, 08-01-08, pet denied Aug. 2009)
08-1018
BLUEBONNET DRIVE, LTD. AND PETRO-GUARD COMPANY, INC. v. CENTERPOINT
ENERGY HOUSTON ELECTRIC LLC AND SPRINTCOM, INC.; from Harris County; 1st district
(01-07-00734-CV, 264 SW3d 381, 07-31-08, pet denied Aug. 2009)(utility easement)
09-0008
JAMES ADAMS 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, pet denied Aug. 2009) as redrafted
(real estate, equitable lien)
09-0021
CORPUS CHRISTI MEDICAL CENTER - BAY AREA v. MIGUELA GUERRA, ET AL.; from
Nueces County; 13th district (13-06-00444-CV, ___ SW3d ___, 11-20-08, pet denied Aug.
2009)(JNOV)
09-0102
LINDA SHEFFIELD INDIVIDUALLY, AND AS THE ADMINISTRATRIX OF THE ESTATE OF
CODY JAYTON RISTER AND CALVIN RISTER v. MARK BEGEMAN AND STEPHANIE
BEGEMAN; from Stephens County;
11th district (11-07-00245-CV, 274 SW3d 846, 12-04-08, pet denied Aug. 2009) (wrongful
death, survival action, automobile accident, intoxication)
09-0119
IN THE INTEREST OF L.A.F., C.D.F., AND N.C.F.; from Collin County;
5th district (05-07-00051-CV, 270 SW3d 735, 11-10-08, pet denied Aug. 2009)
(SAPCR modification, mediation)
09-0134
S. STACY EASTLAND AND NANCY E. LEATON v. CAMP MYSTIC, INC., RICHARD G.
EASTLAND, WILLETTA ("TWEETY") EASTLAND AND JAMES M. EASTLAND; from Kerr
County; 4th district (04-08-00675-CV, ___ SW3d ___, 02-04-09, pet denied Aug. 2009)
(Justice Hecht and Justice O'Neill not sitting)(arbitration denied)
09-0200
ARANSAS COUNTY NAVIGATION DISTRICT NO. 1 v. JOHN WILLIAM JOHNSON, BOBBIE JEAN
HOOFARD, AND DAVID GLEN MOSS, TEMPORARY ADMINISTRATOR OF THE ESTATE OF
DEBORAH DENISE JOHNSON GUNNELS, DECEASED; from Aransas County;
13th district (13-05-00563-CV, ___ SW3d ___, 04-29-08, pet denied Aug. 2009)(boundary
dispute)
09-0202
MICHAEL A. HOUSE, M.D. AND MICHAEL A. HOUSE, M.D., P.A. v. KAREN JONES AND RYAN
JONES; from Dallas County;
5th district (05-08-00607-CV, 275 SW3d 926, 01-22-09, pet denied Aug. 2009)(med-mal)
09-0233
ARANSAS COUNTY NAVIGATION DISTRICT NO. 1 v. JOHN WILLIAM JOHNSON, BOBBIE JEAN
HOOFARD AND DAVID GLEN MOSS, TEMPORARY ADMINISTRATOR OF THE ESTATE OF
DEBORAH DENISE JOHNSON GUNNELS, DECEASED; from Aransas County;
13th district (13-06-00601-CV, ___ SW3d ___, 10-02-08, pet denied Aug. 2009)(equitable
title)
09-0234
BOBBY HAGOOD v. FISHBORN, INC. D/B/A CUSTOM INTEGRATED SYSTEMS; from Dallas
County; 5th district (05-07-00690-CV, ___ SW3d ___, 02-05-09, pet denied Aug. 2009)
(jury misconduct argument)
09-0240
FREQUENT FLYER DEPOT, INC., GEORGE PIRKLE AND ROBERT PIRKLE v. AMERICAN
AIRLINES, INC.; from Tarrant County;
2nd district (02-08-00386-CV, 281 SW3d 215, 02-26-09, pet denied Aug. 2009)(temporary
injunction appeal)
09-0247
CONTINENTAL CASUALTY COMPANY v. RUDOLPH GUZMAN; from Bexar County; 4th district
(04-07-00589-CV, ___ SW3d ___, 01-21-09, pet denied Aug. 2009)(restricted appeal, bill of
review, service of amended petition)
09-0251
ENRIQUE F. BENAVIDES, JR., M.D. v. JORGE R. GARCIA, INDIVIDUALLY AND AS LEGAL
REPRESENTATIVE OF THE ESTATE OF ANNABEL DE JESUS GARCIA, JORGE R. GARCIA
AS NEXT FRIEND OF ANNA VICTORIA GARCIA, SANDRA LAUREL AND CORBIN LEE SNOW,
III; from Webb County; 4th district (04-08-00277-CV, 278 SW3d 794, 01-07-09, pet denied
Aug. 2009)(health care liablity claim, denial of motion to dismiss affirmed)
09-0275
NANCY BENISH, R.N., F.N.P.-C.; CHRISTINE LASHELL HOPSON, R.N.; AND LEONARD T.
DINGLER, M.D. v. AMANDA GROTTIE, INDIVIDUALLY AND AS HEIR TO AND
REPRESENTATIVE OF THE ESTATE OF AMARISSA GROTTIE, DECEASED AND CODY
GROTTIE, INDIVIDUALLY AND AS HEIR TO AND REPRESENTATIVE OF THE ESTATE OF
AMARISSA GROTTIE, DECEASED; from Montague County;
2nd district (02-08-00148-CV, 281 SW3d 184 , 02-19-09, pet denied Aug. 2009) (health care
liabiltiy)
2 petitions
09-0285
MICHAEL BLANC, M.D., AND COLUMBIA HOSPITAL AT MEDICAL CITY DALLAS SUBSIDIARY,
L.P. D/B/A MEDICAL CITY DALLAS HOSPITAL v. DAVID MOELLER; from Dallas County; 5th
district (05-06-00063-CV, 276 SW3d 656, 12-30-08, pet denied Aug. 2009) (Batson challenge)
09-0290
TANIKA KENYA MARTIN v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES;
from Harris County; 1st district (01-07-00842-CV, ___ SW3d ___, 02-05-09, pet denied Aug.
2009) as redrafted (termination of parental rights appeal)
09-0346
MISSION AIRE IV, L.P., MISSION AIRE V, L.P. AND KPI PROPERTIES, INC. v. DALLAS
CENTRAL APPRAISAL DISTRICT; from Dallas County;
5th district (05-07-01595-CV, 279 SW3d 471, 03-11-09, pet denied Aug. 2009) (Justice Hecht
not sitting)
09-0360
CHESTER D. EASTIN, JR. v. PRESTON H. DIAL, JR., DEBRA LYNN DIAL, AND ROBERT
SCOTT DIAL; from Zavala County;
4th district (04-06-00377-CV, ___ SW3d ___, 01-28-09)(bill of review, summary judgment)
09-0365
LINDA AND JENNIFER SPROWL v. GEORGE MARTIN PAYNE; from Dallas County;
5th district (05-06-00062-CV, ___ SW3d ___, 03-31-09, pet denied Aug. 2009)
09-0418
MICHAEL YSASAGA AND JILL YSASAGA v. NATIONWIDE MUTUAL INSURANCE COMPANY;
from Dallas County;
5th district (05-07-01231-CV, ___ SW3d ___, 02-26-09, pet denied Aug. 2009)
(dispute over stolen care, title, conversion)
09-0460
JERRY LEWIS DEDRICK v. STATE OF TEXAS; from Midland County;
11th district (11-08-00238-CV, ___ SW3d ___, 04-16-09, pet denied Aug. 2009)
09-0461
SOLVENT UNDERWRITERS SUBSCRIBING TO ENERGY INSURANCE INTERNATIONAL, INC.
COVER NOTE NO. EII-3824 AND SOLVENT UNDERWRITERS SUBSCRIBING TO ENERGY
INSURANCE INTERNATIONAL, INC. COVER NOTE NO. EII-3825 v. FURMANITE AMERICA,
INC.; from Harris County;
14th district (14-07-00889-CV, 282 SW3d 661, 02-05-09, pet denied Aug. 2009)(insurance
coverage dispute)
09-0500
NASHVILLE TEXAS, INC. v. CITY OF BURLESON, ROVIN, INC. AND PARADIGMS FOR
SUCCESS, INC.; from Johnson County;
1st district (01-08-00274-CV, ___ SW3d ___, 03-12-09, pet denied Aug. 2009) (pleading
attorney's fees counterclaim)
09-0549
RALPH O. DOUGLAS v. SAMUEL D. ADAMO; from Harris County;
14th district (14-07-00406-CV, ___ SW3d ___, 03-26-09, pet denied Aug. 2009)(equitable bill
of review, pro se litigants)
09-0555
CYTRINA DIANE BOWEN AND LOU BOWEN v. SABRE REALTY MANAGEMENT, INC.; from
Dallas County;
5th district (05-08-00499-CV, ___ SW3d ___, 04-21-09, pet denied Aug. 2009)(slip and fall)
09-0655
KRISTINA M. GAMMEL v. TEXAS DEPARTMENT OF PROTECTIVE & REGULATORY
SERVICES; from Hays County; 3rd district (03-08-00140-CV, ___ SW3d ___, 05-22-09, pet
denied Aug. 2009)(termination of parental rights, failure to recuse)
THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED AUG. 14, 2009
09-0337
MARY DILDINE, INDIVIDUALLY AND AS TRUSTEE OF THE BONHAM FAMILY TRUST - TRUST
A AND B; RHONDA ADRIAN, INDIVIDUALLY AND AS CO-TRUSTEE OF THE BONHAM FAMILY
TRUST - TRUST A AND B; AND MICHELLE DUNLAP, INDIVIDUALLY v. DONALD BONHAM
AND DONNIE BONHAM; from Travis County; 3rd district (03-07-00631-CV, ___ SW3d ___,
03-12-09, pet denied Aug. 2009) (Justice Hecht not sitting) (will contest)
09-0438
ALI YAZDCHI, AS INDEPENDENT EXECUTOR OF THE ESTATE OF ABBAS YAZDCHI AND
HABIBOLAH YAZDCHI v. R.P. CORNELIUS; from Harris County; 1st district (01-07-00844-CV,
___ SW3d ___, 01-29-09, pet denied Aug. 2009)
09-0467
BARRAZA FAMILY LIMITED PARTNERSHIP v. CARLOS P. LEVITAS, INDIVIDUALLY AND AS
INDEPENDENT ADMINISTRATOR OF THE ESTATE OF ALICIA P. LEVITAS AND THE ESTATE
OF SARA PASOL FACTOR, DECEASED; from Cameron County; 13th district
(13-07-00470-CV, ___ SW3d ___, 03-05-09, pet denied Aug. 2009) (law of the case)
09-0475
RONALD C. PRIDDY, ET AL. v. JOHN V. RAWSON, RICK STEVENS, E.M. (LIZ) STEVENS,
STEVE J. SCHIFANI AND RICHARD DICKSON; from Brazoria County; 14th district
(14-07-00806-CV, 282 SW3d 588, 02-03-09, pet denied Aug. 2009)
09-0504
EMILY FARLOW, INDIVIDUALLY AND AS NEXT FRIEND OF ANDREW JOSEPH FARLOW AND
LAUREN CATHERINE FARLOW, MINORS, AND AS GUARDIAN OF THE PERSON OF LEE
WILLIAM FARLOW AND LEE WILLIAM FARLOW v. TEXAS HEALTH RESOURCES, INC. AND
HARRIS METHODIST FORT WORTH HOSPITAL; from Tarrant County; 2nd district
(02-07-00423-CV, 284 SW3d 903, 05-07-09, pet denied Aug. 2009) (med-mal)
09-0516
HABIBOLLAH YAZDCHI, ABBAS YAZDCHI AND AHMAD YAZDCHI v. TED L. WALKER; from
Harris County; 1st district (01-05-00177-CV, ___ SW3d ___, 05-07-09, pet denied Aug. 2009)
09-0524
MAGDALENA S. MARTINEZ, AS TRUSTEE OF THE CHARLIE S. MARTINEZ, JR., TRUST v.
CITY OF FORT WORTH HISTORIC AND CULTURAL LANDMARKS COMMISSION; from
Tarrant County; 2nd district (02-08-00433-CV, ___ SW3d ___, 05-14-09, pet denied Aug.
2009)(plea to the jurisdiction granted)
09-0536
BRYAN SIMS v. SCOTT WASHBURN; from Harris County; 1st district (01-07-00481-CV, ___
SW3d ___, 03-26-09, pet denied Aug. 2009)(suit on account, unjust enrichment)
09-0543
BILL COX v. PENNER CATTLE, INC.; from Jones County; 11th district (11-07-00377-CV, ___
SW3d ___, 05-21-09, pet denied Aug. 2009)
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED AUG 7. 2009:
09-0070
DELMY DEL CARMEN MENDOZA v. FIESTA MART INC.; from Harris County; 14th district
(14-07-01086-CV, 276 SW3d 653, 12-23-08, pet denied Aug. 2009) (premises liability)
09-0279
PLACIDO GUERRA A/K/A CHITO GUERRA v. THE STATE OF TEXAS; from Cameron County;
13th district (13-08-00500-CV, ___ SW3d ___, 01-22-09, pet denied Aug. 2009)
motion to strike dismissed as moot
09-0359
JENETTE DIEM LEE v. MD LAM, INC.; from Harris County; 14th district (14-07-01027-CV, ___
SW3d ___, 03-17-09, pet denied Aug. 2009)(sale of business)
09-0384
WALTER LEE HALL, JR., IN ALL NECESSARY CAPACITY v. U.S. BANK NATIONAL
ASSOCIATION, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE ASSET BACKED
PASS-THROUGH CERTIFICATES, SERIES NC 2005-HE4, ALL OTHER OCCUPANTS,
SUCCESSORS IN INTEREST, AND/OR TRANSFEREES; from Travis County;
3rd district (03-08-00488-CV, ___ SW3d ___, 12-12-08, pet denied Aug. 2009) as redrafted
(real estate dispute, declaratory judgment)
09-0413
J.G.C.G. v. STATE OF TEXAS; from Denton County;
2nd district (02-08-00200-CV, 283 SW3d 927, 04-16-09, pet denied Aug. 2009)
09-0428
JUAN MANUEL TELLEZ v. CITY OF SOCORRO; from El Paso County;
8th district (08-03-00294-CV, ___ SW3d ___, 03-05-09, pet denied Aug. 2009)
09-0440
LAWRENCE AND DIANE BECKMAN v. B & W SUPPLY, INC. AND WESTON WYATT; from
Harris County; 1st district (01-07-00574-CV, ___ SW3d ___, 04-09-09, pet denied Aug. 2009)
09-0450
IN THE INTEREST OF A.H. AND A.H., CHILDREN; from Eastland County; 11th district
(11-08-00216-CV, ___ SW3d ___, 04-16-09, pet denied Aug. 2009)
09-0533
MICHAEL D. BARHAM ARCHITECTS, INC. v. J. MICHAEL LEINBACK, AIA D/B/A JML
ARCHITECTS; from Smith County; 12th district (12-07-00226-CV, ___ SW3d ___, 04-15-09,
pet denied Aug. 2009)
PFRs DENIED IN 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 in July 2008
Petitions for Review denied by the Texas Supreme Court in 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