TEXAS SUPREME COURT
PETITIONS FOR REVIEW DENIED
FEBRUARY 2009
PETITIONS FOR REVIEW DENIED
FEBRUARY 2009
2009 TEXAS SUPREME COURT
DECISIONS - DISPOSITIONS BY DENIAL 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
FEBRUARY 2009 PFR DENIALS
Petitions for Review Denied February 27, 2009
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
08‑0398 JERRY GURKOFF, D.O. v. ROSEMARY JERSAK; from Tarrant County; 2nd district
(02‑07‑00101‑CV, ___ SW3d ___, 04‑10‑08, pet. denied Feb. 2009)
Justice Brister, joined by Justice Hecht, delivered an opinion dissenting from the denial
08‑0526 CITY OF HOUSTON v. ALAN HILDEBRANDT; from Harris County; 1st district
(01‑06‑00936‑CV, 265 SW3d 22, 02‑28‑08, pet. denied Feb. 2009)
08‑0807 CENTER FOR NEUROLOGICAL DISORDERS, P.A. v. ROGER P. GEORGE AND
JULIET A. GEORGE; from Tarrant County; 2nd district (02‑06‑00105‑CV, 261 SW3d 285,
07‑10‑08, pet. denied Feb. 2009)
08‑0822 THE DANESHJOU COMPANY, INC. v. W. LEE BROWN & SONS, INC.; from Travis
County; 3rd district (03‑04‑00740‑CV, ___ SW3d ___, 08‑08‑08, pet. denied Feb. 2009)
(Justice O'Neill not sitting)
08‑0850 FOR KIDS ONLY CHILD DEVELOPMENT CENTER, INC. v. PHILADELPHIA INDEMNITY
INSURANCE COMPANY; from Dallas County; 5th district (05‑07‑00546‑CV, 260 SW3d 652,
07‑25‑08, pet. denied Feb. 2009)
08‑0901 SSHG, LLC D/B/A SUPPORT SERVICES HOLDINGS GROUP AND LEGACY SUPPORT
SERVICES, LTD. v. ERIC IAN LEWIS; from McLennan County; 10th district (10‑07‑00064‑CV,
___ SW3d ___, 09‑10‑08, pet. denied Feb. 2009)
08‑0916 LARRY RAMSEY v. JEFFREY L. DAVIS AND TAMARA M. DAVIS; from Collin County;
5th district (05‑07‑00327‑CV, 261 SW3d 811, 08‑11‑08, pet. denied Feb. 2009)
08‑0930 SIMMONS THEODORE YLIYAH NA'BI v. LYNWOOD COOK, SUZZAN FLEMING, KEN
KUYKENDALL AND CHARLOTTE WEST; from Anderson County; 6th district (06‑08‑00044‑CV,
___ SW3d ___, 08‑28‑08, pet. denied Feb. 2009)
08‑0953 IN RE THE COMMITMENT OF WESLEY MILLER; from Montgomery County; 9th district
(09‑07‑00062‑CV, 262 SW3d 877, 08‑28‑08, pet. denied Feb. 2009)
08‑0986 LUIS S. LAGAITE, JR. v. BRAD LIVINGSTON, ET AL.; from Travis County; 3rd district
(03‑07‑00067‑CV, ___ SW3d ___, 08‑27‑08, pet. denied Feb. 2009)
08‑0994 KELLY FOSTER HENDON v. BEVERLY FOSTER TURNER; from Dallas County; 8th
district (08‑07‑00234‑CV, 269 SW3d 243, 10‑30‑08, pet. denied Feb. 2009)
08‑0998 STEVEN TAYLOR v. CITY OF TEMPLE, TEXAS; from Bell County; 3rd district
(03‑07‑00630‑CV, 268 SW3d 852, 10‑16‑08, pet. denied Feb. 2009)
08‑1040 CARLOS JAVIER ECHEVERRY v. STATE OF TEXAS; from Victoria County; 13th district
(13‑07‑00406‑CV, 267 SW3d 423, 08‑21‑08, pet. denied Feb. 2009)
08‑1062 CURTIS R. FRANCIS v. TDCJ-CID, ET AL.; from Anderson County; 6th district
(06‑08‑00035‑CV, ___ SW3d ___, 10‑17‑08, pet. denied Feb. 2009)
08‑1065 LAMB COUNTY ELECTRIC COOPERATIVE, INC. v. PUBLIC UTILITY COMMISSION OF
TEXAS; from Travis County; 3rd district (03‑04‑00593‑CV, 269 SW3d 260, 11‑07‑08, pet. denied
Feb. 2009)
08‑1088 GEORGE SMITH v. THE STATE OF TEXAS; from Dallas County; 5th district
(05‑08‑00991‑CV, ___ SW3d ___, 12‑03‑08, pet. denied Feb. 2009)
09‑0028 CLAUDIA IVONNE MARIE v. DAVID R. VELASQUEZ; from Bexar County; 4th district
(04‑08‑00271‑CV, ___ SW3d ___, 12‑03‑08, pet. denied Feb. 2009)
09‑0030 FRED L. PEREZ, M.D. v. SANTOS SALINAS, ARGELIA SALINAS AND JOE CISNEROS;
from Hidalgo County; 13th district (13‑08‑00192‑CV, ___ SW3d ___, 11‑25‑08, pet. denied Feb.
2009)
09‑0036 SAMUEL MUGENYI KADYEBO v. TEXAS DEPARTMENT OF PUBLIC SAFETY; from
Tarrant County; 2nd district (02‑08‑00398‑CV, ___ SW3d ___, 12‑18‑08, pet. denied Feb. 2009)
09‑0059 HECTOR ISRAEL LOPEZ v. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES;
from Harris County; 1st district (01‑08‑00111‑CV, ___ SW3d ___, 09‑25‑08, pet. denied Feb.
2009)
as redrafted
Petitions for Review Denied February 20, 2009
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
08‑0957 IN THE INTEREST OF M.C., N.H. AND D.C., CHILDREN; from Tarrant County; 2nd
district (02‑08‑00125‑CV, ___ SW3d ___, 10‑09‑08, pet. denied Feb. 2009)
08‑0967 WESTON ADAMS v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO.; from
Dallas County; 5th district (05‑06‑00006‑CV, 264 SW3d 424, 08‑25‑08, pet. denied Feb. 2009)
08‑0979 SANDRA FITZPATRICK v. LEASECOMM CORPORATION AND EAST TEXAS
PROFESSIONAL CREDIT UNION, LONGVIEW; from Gregg County; 12th district
(12‑07‑00487‑CV, ___ SW3d ___, 09‑17‑08, pet. denied Feb. 2009)
09‑0011 IN THE INTEREST OF C.M.J.S., A CHILD; from Dallas County; 5th district
(05‑07‑01029‑CV, 269 SW3d 206, 10‑22‑08, pet. denied Feb. 2009)
Petitions for Review Denied February 13, 2009
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
06‑1018 D.R. HORTON-TEXAS, LTD. v. MARKEL INTERNATIONAL INSURANCE COMPANY,
LTD.; from Harris County; 14th district (14‑05‑00486‑CV, ___ SW3d ___, 10‑26‑06, pet. denied
Feb. 2009)
07‑1046 SHWURONG C. HSU v. BOBBY YU-CHEN LIU; from Montgomery County; 9th district
(09‑06‑00423‑CV, ___ SW3d ___, 11‑15‑07, pet. denied Feb. 2009)
08‑0205 BAYLOR COLLEGE OF MEDICINE v. ROY A. CAMBERG, ADMINISTRATOR OF THE
ESTATE OF ANA JULIA ORTIZ, DECEASED; AND TEXAS DEPARTMENT OF FAMILY AND
PROTECTIVE SERVICES, AS NEXT FRIEND OF ANA DELIA MEJIA ORTIZ, A MINOR, ENID
VALENTINA MEJIA ORTIZ, A MINOR, AND RIGOBERTO MEJIA ORITZ, A MINOR; from Harris
County; 14th district (14‑06‑00500‑CV, 247 SW3d 342, 01‑29‑08, pet. denied Feb. 2009)
08‑0351 IN THE INTEREST OF J.C., A CHILD; from Tarrant County; 2nd district
(02‑07‑00081‑CV, 250 SW3d 486, 03‑13‑08, pet. denied Feb. 2009)
08‑0399 POKORNE PRIVATE CAPITAL GROUP, LLC v. 21ST MORTGAGE CORP. & NELLA
INVESTMENTS, INC.; from Williamson County; 13th district (13‑06‑00575‑CV, ___ SW3d ___,
04‑10‑08, pet. denied Feb. 2009)
08‑0451 IHS ACQUISITION NO. 140, INC. D/B/A HARBOR VIEW CARE CENTER; LYRIC HEALTH
CARE HOLDINGS III, INC.; AND LYRIC HEALTH CARE, LLC v. RUDY G. TRAVIS, INDIVIDUALLY
AND AS REPRESENTATIVE OF THE ESTATE OF CHRISTINA APUSEN, DECEASED; DAVID K.
TRAVIS, JR.; AND MANUEL K. APUSEN, JR.; from Nueces County; 13th district
(13‑07‑00481‑CV, ___ SW3d ___, 04‑24‑08, pet. denied Feb. 2009)
08‑0520 IFC CREDIT CORPORATION v. SPECIALTY OPTICAL SYSTEMS, INC.; from Dallas
County; 5th district (05‑06‑01082‑CV, 252 SW3d 761, 04‑24‑08, pet. denied Feb. 2009)
08‑0639 BARBARA MOSS SCHULZE v. EMC MORTGAGE CORPORATION; from Bexar County;
8th district (08‑07‑00098‑CV, ___ SW3d ___, 05‑22‑08, pet. denied Feb. 2009)
08‑0657 STATE OFFICE OF RISK MANAGEMENT v. CAROL SIMPSON; from El Paso County;
8th district (08‑06‑00124‑CV, ___ SW3d ___, 05‑22‑08, pet. denied Feb. 2009)
08‑0662 DANNY VAUGHAN AND KATHLEEN VAUGHAN v. ROSS PHILLIPS, D/B/A READY-BUILT
HOMES AND ON-SITE CONSTRUCTION; from Briscoe County; 7th district (07‑06‑00208‑CV, ___
SW3d ___, 04‑30‑08, pet. denied Feb. 2009)
08‑0697 ALESA KELLY v. DALLAS, GARLAND & NORTHEASTERN RAILROAD,
INCORPORATED AND UNION PACIFIC RAILROAD COMPANY; from Grayson County; 5th district
(05‑06‑00456‑CV, 260 SW3d 212, 07‑17‑08, pet. denied Feb. 2009) as redrafted
08‑0707 IN THE INTEREST OF A.G.G., A CHILD; from Bexar County; 4th district
(04‑07‑00165‑CV, 267 SW3d 165, 06‑25‑08, pet. denied Feb. 2009)
08‑0724 CUATRO PETRO CORP. v. MCGILL REAL ESTATE, LLC; from Dimmit County; 4th
district (04‑07‑00648‑CV, ___ SW3d ___, 06‑04‑08, pet. denied Feb. 2009)
08‑0731 DAN DAWSON, WILLIAM W. DAWSON, JR., (DAN DAWSON'S DAD), RUDY BRINER,
STEVEN CLARK HAYS AND JAMES K. ASHLOCK v. R.M. DUDLEY CONSTRUCTION COMPANY,
INC.; from Brazos County; 10th district (10‑06‑00228‑CV, 258 SW3d 694, 05‑28‑08, pet. denied
Feb. 2009)
08‑0739 SUSAN MCLENDON, JOANN BOWSHOT AND PATRICIA PONDOFF v. LANDY
HUMPHREY AND J. SCOTT KILLOUGH; from Smith County; 12th district (12‑06‑00222‑CV, ___
SW3d ___, 06‑18‑08, pet. denied Feb. 2009)
08‑0746 CARITA ELIZABETH WARD AND DUSTIN WARD v. TEXAS TECH UNIVERSITY HEALTH
SCIENCES CENTER AND UNIVERSITY MEDICAL CENTER; from Lubbock County; 7th district
(07‑07‑00451‑CV, ___ SW3d ___, 08‑06‑08, pet. denied Feb. 2009)
08‑0749 KARAN R. MOSELEY, M.D. v. OMEGA OB-GYN ASSOCIATES OF SOUTH
ARLINGTON; from Tarrant County; 2nd district (02‑06‑00291‑CV, ___ SW3d ___, 06‑19‑08, pet.
denied Feb. 2009)
08‑0750 CAROLYN LEE AND KEITH E. CUMMINGS v. TIMOTHY J. DANIELS & ASSOCIATES, P.
C.; from Bexar County; 4th district (04‑07‑00096‑CV, 264 SW3d 273, 05‑14‑08, pet. denied Feb.
2009)
08‑0754 EVEREST NATIONAL INSURANCE COMPANY v. FEDERAL INSURANCE COMPANY;
from Dallas County; 5th district (05‑06‑01144‑CV, 257 SW3d 771, 04‑15‑08, pet. denied Feb.
2009)
08‑0771 DALLAS COUNTY MEDICAL SOCIETY AND TEXAS MEDICAL ASSOCIATION v.
EMMANUEL E. UBIÑAS-BRACHE, M.D.; from Dallas County; 5th district (05‑07‑00129‑CV, 261
SW3d 800, 08‑05‑08, pet. denied Feb. 2009)
08‑0787 PENHOLLOW CUSTOM HOMES, LLC AND STEVEN J. PENHOLLOW v. LATROY
HAWKINS, ANITA HAWKINS AND JOSE GOMEZ; from Collin County; 5th district
(05‑07‑01101‑CV, ___ SW3d ___, 08‑06‑08, pet. denied Feb. 2009)
08‑0816 BARBARA ALLEN AND ANDREW SIDNEY ALLEN III v. THOMAS EVERETT ALLEN; from
Llano County; 7th district (07‑06‑00150‑CV, ___ SW3d ___, 08‑21‑08, pet. denied Feb. 2009)
08‑0863 RYAN SERVICES, INCORPORATED AND TIMOTHY RYAN v. PHILLIP SPENRATH, ED
ERWIN, KENNY MARTIN, ROBERT BOONE, ANTHONY COLLINS, GLORIA HARRIS, CINDY
CERNY AND CITY OF EL CAMPO, TEXAS; from Wharton County; 13th district (13‑08‑00105‑CV,
___ SW3d ___, 08‑28‑08, pet. denied Feb. 2009)
08‑0874 SONNY ELLEN D/B/A SONNY ELLEN BAIL BONDS v. GRIMES COUNTY BAIL BOND
BOARD; from Grimes County; 14th district (14‑06‑00906‑CV& 14‑06‑00907‑CV, 267 SW3d 310,
07‑22‑08, pet. denied Feb. 2009)
08‑0877 DANNY'S SERVICE CO., INC., DANNY'S SERVICE CO. OF DENVER CITY, L.L.C. AND
ROBERTO VILLEGAS v. MIKEAL TORRES, INDVIDUALLY AND AS NEXT FRIEND OF DAYLON
TORRES, RANDON TORRES, DUSTIN TORRES, COLLYN TORRES, ZACHERY TORRES, AND
KOBY TORRES, MINOR CHILDREN AND REPRESENTATIVE OF THE ESTATE OF CENCI
TORRES; from Gaines County; 11th district (11‑07‑00104‑CV, 266 SW3d 485, 07‑17‑08, pet.
denied Feb. 2009)
08‑0885 CURTIS R. SELLERS, HARVEY DEVELOPMENT CO. INC., TONY AGUILAR v.
MARCELO GOMEZ, INDIVIDUALLY AND AS PURPORTED TRUSTEE, MICHAEL AINSA AND
AINSA HUTSON, LLP; from El Paso County; 8th district (08‑05‑00308‑CV, ___ SW3d ___,
07‑31‑08, pet. denied Feb. 2009)
08‑0888 DENNIS HOLT AND ANN HOLT, INDIVIDUALLY AND DENNIS HOLT REAL ESTATE v.
DARYL ROBERTSON AND SELENA ROBERTSON; from Hutchinson County; 7th district
(07‑06‑00220‑CV, ___ SW3d ___, 05‑21‑08, pet. denied Feb. 2009)
08‑0911 EDMUND BRYAN HEIMLICH v. THE STATE OF TEXAS; from Travis County; 3rd district
(03‑05‑00827‑CV, ___ SW3d ___, 07‑31‑08, pet. denied Feb. 2009)
as redrafted
08‑0954 KENNETH L. CASTEEL v. RAYMOND A. SINGLETON, WALTER A. HAMMANN, IV, THE
CITY OF LEAGUE CITY, TEXAS AND THE LEAGUE CITY POLICE DEPARTMENT; from
Galveston County; 14th district (14‑07‑00932‑CV, 267 SW3d 547, 09‑25‑08, pet. denied Feb.
2009)
08‑0997 THE MEGA LIFE AND HEALTH INSURANCE COMPANY AND DOLLY COLBERT v.
LUCINDA J. MYERS, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE
OF BARRY A. LONG; from Potter County; 7th district (07‑06‑00233‑CV, ___ SW3d ___,
04‑17‑08, pet. denied Feb. 2009)
08‑1002 PHILIP A. MOORE, M.D. v. KRISTY GATICA; from Tarrant County; 2nd district
(02‑06‑00442‑CV, 269 SW3d 134, 10‑09‑08, pet. denied Feb. 2009, pet. denied Feb. 2009)
08‑1037 VERONICA MONTES v. JORGE VILLAREAL, M.D.; from El Paso County; 8th district
(08‑06‑00326‑CV, ___ SW3d ___, 10‑23‑08, pet. denied Feb. 2009)
08‑1048 DANIEL GOLDBERG v. COMMISSION FOR LAWYER DISCIPLINE AND STATE BAR OF
TEXAS; from Harris County; 1st district (01‑07‑01104‑CV, ___ SW3d ___, 07‑03‑08, pet. denied
Feb. 2009)
08‑1067 MICHAEL S. ROGERS AND AUDREY DIANE ROGERS v. TOMMY PEELER, ET AL.;
from Gregg County; 6th district (06‑08‑00081‑CV, 271 SW3d 372, 11‑12‑08, pet. denied Feb.
2009)
08‑1077 MAURICE AMIDEI AND SIERRA LAND & MINERALS, INC. v. PRESTO TIERRA, LTD.;
from Bexar County; 4th district (04‑07‑00886‑CV, ___ SW3d ___, 10‑29‑08, pet. denied Feb.
2009)
Petitions for Review Denied by the Texas Supreme Court
February 6, 2008
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
08‑1029 RAY C. HILL v. JO ELLEN JARVIS, NEWELL S. JARVIS, JOHN R. JARVIS, SARA ANN
JARVIS THOMPSON; from Smith County; 12th district (12‑07‑00091‑CV, ___ SW3d ___,
06‑30‑08, pet. denied Feb. 2009) as redrafted
08‑1063 BLUEBONNET PETROLEUM, INC. v. KOLKHORST PETROLEUM COMPANY, INC.; from
Washington County; 14th district (14‑07‑00380‑CV, ___ SW3d ___, 10‑09‑08, pet. denied Feb.
2009)
08‑1074 JACK A. COLMENERO D/B/A COASTAL HOME DESIGNERS, A.K.A. JACK A.
COLMENERO, DESIGNER-BUILDER, INC. v. RODOLFO R. MARTINEZ AND OLIVIA L.
MARTINEZ; from Nueces County; 13th district (13‑08‑00246‑CV, ___ SW3d ___, 11‑20‑08, pet.
denied Feb. 2009)
09‑0042 IN THE INTEREST OF J.W. AND N.W., CHILDREN; from Tarrant County; 2nd district
(02‑08‑00145‑CV, ___ SW3d ___, 11‑26‑08, pet. denied Feb. 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 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