TEXAS SUPREME COURT
PETITIONS FOR REVIEW DENIED
JULY 2009
PETITIONS FOR REVIEW DENIED
JULY 2009
2009 TEXAS SUPREME COURT
DECISIONS: PETITION DENIALS WITHOUT OPINION
PFR DENIALS
ANNOUNCED JULY 2009
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 Petitions for Review Denials
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
Petitions for Review Denied July 2009
THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED JULY 31, 2009:
09-0255
PADDY ARGOVITZ v. JERRY ARGOVITZ; from Harris County;
14th district (14-07-00396-CV, ___ SW3d ___, 12-09-08, pet. denied July 2009)
09-0298
CHRISTOPHER D. DAVIS v. ADVANCED ENERGY RECOVERY, INC., ALLEN DRILLING
ACQUISITION COMPANY AND ALLEN DRILLING ACQUISITION COMPANY II; from Harris
County; 14th district (14-08-00222-CV, ___ SW3d ___, 02-26-09, pet. denied July 2009) )
(interlocutory appeal and cross-appeal, orders sustaining special appearances)
09-0437
ERJS, INC. F/K/A AMERICA'S GREAT HOMES, INC., AMERICA'S GREAT HOMES, LTD. AND
SURETEC INSURANCE COMPANY v. TRUSS WORLD, INC. AND ALL TEX FINANCIAL, INC.;
from Montgomery County;
9th district (09-07-00432-CV, 284 SW3d 393, 02-12-09, pet. denied July 2009)
(construction law, M&M lien, derivative claimant, breach of contract)
09-0473
MARGARET VILLARREAL v. DEL MAR COLLEGE; from Nueces County; 13th district
(13-07-00119-CV, ___ SW3d ___, 03-26-09 pet. denied July 2009) (employment law, national
origin discrimination in employment claim, retaliation, definition of adverse employment
action)(summary judgment for defendant employer affirmed)
09-0494
EDWIN B. KELSOE v. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND MARK R.
VICKERY, EXECUTIVE DIRECTOR AND CONCERNED CITIZENS OF RED RIVER COUNTY;
from Travis County; 3rd district
(03-07-00720-CV, ___ SW3d ___, 04-30-09 pet. denied July 2009) (administrative law,
environmental law, solid waste landfill permit, untimely suit for judicial review dismissed)
09-0510
ROGER GERDES v. MURRAY FOGLER, INDIVIDUALLY, MCDADE FOGLER AND ROGER
KENNAMER; from Harris County; 14th district
(14-07-01020-CV, ___ SW3d ___, 05-07-09 pet. denied July 2009) (malicious prosecution
claim and abuse of process claims stemming from imprisonment for contempt, defamation)
THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED JULY 24, 2009:
09-0355
JOSEPH ONWUTEAKA v. COMMISSION FOR LAWYER DISCIPLINE; from Harris County;
14th district (14-07-00544-CV, ___ SW3d ___, 03-12-09, pet. denied July 2009) as redrafted
(attorney disciplinary proceeding)
09-0366
CHRISTOPHER KNOWLES AND MINA MANN v. JIMMY D. WRIGHT; from Harris County;
1st district (01-08-00546-CV, ___ SW3d ___, 03-19-09, pet. denied July 2009)
as redrafted (partnership claim fails)
09-0442
IN THE MATTER OF THE GUARDIANSHIP OF LUKE FORREST HUMPHREY, AN
INCAPACITATED PERSON; from Smith County;
12th district (12-07-00225-CV, ___ SW3d ___, 02-18-09, pet. denied July 2009)
(guardianship, ad litem, assessment of costs, jurisdiction questioned)
09-0466
EVERT MCDOUGAL AND M & P CONSTRUCTION CO., INC. v. ROGER D. STEVENS; from
Bandera County;
4th district (04-07-00814-CV, ___ SW3d ___, 01-30-09, pet. denied July 2009)
(fraudulent inducement claim, as-is language in contract, waiver of reliance)
THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED JULY 17, 2009:
09-0214
MAE H. MCCRIMMON & LULA MAE CRETON v. BARRON TAYLOR D/B/A B-SURE
MORTGAGE, ET AL.; from Harris County;
1st district (01-08-00644-CV, ___ SW3d ___, 02-19-09, pet. denied July 2009)(pro se litigants
who are not attorneys cannot represent other adult as next friend, ANF in court)
09-0294
PHILIP HADLOCK v. TEXAS CHRISTIAN UNIVERSITY, MARY VOLCANSEK, SHARON
FAIRCHILD, JEFFREY TODD, YUMIKO KEITGES, JEAN KNECHT AND WILLIAM POHL;
from Tarrant County;
2nd district (02-07-00290-CV, ___ SW3d ___, 02-26-09, pet. denied July 2009)
(employment law, university tenure denial, defamation claim)
09-0334
ZAHOOR SIDDIQUI v. MASOON SIDDIQUI; from Harris County;
14th district (14-07-00235-CV, ___ SW3d ___, 03-03-09, pet. denied July 2009)
(SAPCR divorce appeal, pro se litigants, intervention by attorney for fees, child support
guideline deviation)
09-0352
IN THE INTEREST OF D.D., ET AL., MINOR CHILDREN; from Collin County;
5th district (05-08-00001-CV, ___ SW3d ___, 02-23-09, pet. denied July 2009)
09-0374
KIRBY GARDNER v. TDCJ-CID, ET AL.; from Brazoria County;
14th district (14-07-00992-CV, ___ SW3d ___, 01-15-09)
THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED JULY 10, 2009:
09-0304
DAVID RICHARD LUTZ v. STEPHEN P. COLLINS, EDDIE R. MATA AND REYNALDO R.
CASTRO; from Medina County;
4th district (04-08-00496-CV, ___ SW3d ___, 02-11-09, pet. denied July 2009)
petitioner's motion for temporary relief denied
09-0341
CITY OF CARROLLTON v. MCMAHON CONTRACTING, L.P.; from Dallas County; 5th district
(05-07-01626-CV, 277 SW3d 458, 01-16-09, pet. denied July 2009) (construction dispute with
local governmental entity, breach of contract, quantum meruit, prompt payment claims,
immunity issue) 2 petitions
09-0364
RICHARD KREWAY v. JOHN CHILTON CALHOUN; from Bexar County;
4th district (04-08-00690-CV, ___ SW3d ___, 03-18-09, pet. denied July 2009)
09-0378
BRADLEY ALAN JACOBSON v. AVI RON, TRUSTEE; from Harris County;
1st district (01-08-00645-CV, ___ SW3d ___, 01-22-09, pet. denied July 2009)
respondent's motion to dismiss petition for review denied
09-0407
REHABWORKS, LLC v. MICHAEL F. FLANAGAN, AS RECEIVER; from Travis County;
3rd district (03-07-00552-CV, ___ SW3d ___, 02-26-09, pet. denied July 2009)
(derived judicial immunity)
09-0430
REYNOLDS METALS COMPANY v. SUSAN COMBS, SUCCESSOR TO CAROLE KEETON
STRAYHORN, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS, AND
GREG ABBOTT, ATTORNEY GENERAL OF THE STATE OF TEXAS; from Travis County;
3rd district (03-07-00709-CV, ___ SW3d ___, 04-08-09, pet. denied July 2009)
(sales tax refund litigation)
09-0448
ICAN ENTERPRISE, INC. DBA ICAN AVIATION, MICHAEL S. ZUCKER AND NAOMI P. ZUCKER
v. WILLIAMSON COUNTY APPRAISAL DISTRICT AND WILLIAMSON COUNTY APPRAISAL
REVIEW BOARD; from Williamson County;
3rd district (03-06-00594-CV, ___ SW3d ___, 04-17-09, pet. denied July 2009)
09-0454
TERRAGORA INVESTMENTS, LP v. NITE CLUB ENTERPRISES, INC. AND WARREN
DRONEBARGER; from Travis County;
3rd district (03-06-00259-CV, ___ SW3d ___, 02-27-09, pet. denied July 2009)
THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED JULY 3, 2009
08-0557
BARI WALKER v. TRAVELERS INDEMNITY COMPANY A/K/A TRAVELERS INSURANCE; from
Harris County;
14th district (14-07-00238-CV, ___ SW3d ___, 01-15-08, pet. denied July 2009)
(insurance coverage, auto damage, appellate sanctions denied)
09-0190
DR. NYLA PTOMEY v. TEXAS TECH UNIVERSITY; from Lubbock County;
7th district (07-06-00332-CV, 277 SW3d 487, 01-20-09, pet. denied July 2009)
(age discrimination and sex discrimination and retaliation claims rejected)
09-0218
$1,943.76 IN THE UNITED STATES CURRENCY, ET AL. v. THE STATE OF TEXAS; from
Tarrant County; 2nd district (02-07-00021-CV, ___ SW3d ___, 01-29-09, pet. denied July
2009) (gambling devices seized under a search warrant, retroactive application of the
Supreme Court of Texas's decision, challenge fails)
09-0289
JOE O'BRIEN, JACK GORDY AND CORPUS CHRISTI TAXPAYERS ASS'N, INC. v. CITY OF
CORPUS CHRISTI, TEXAS; from Nueces County;
13th district (13-08-00267-CV, ___ SW3d ___, 02-05-09, pet. denied July 2009) as redrafted
(permanent injunction dissolved re: mayor's participation in city health care plan)
09-0349
THE SHED, LLC AND MARY ELLEN MALONE v. EDOM WASH 'N DRY, LLC; from Van Zandt
County;12th district (12-07-00431-CV, ___ SW3d ___, 03-18-09, pet. denied July 2009) 2
petitions (easement dispute, injunction, exemplary damages reversed, attorneys fees must be
segregated)
09-0353
LATOYA BASEY v. DAVITA, INC., D/B/A TOTAL RENAL CARE, NELDA BOATWRIGHT, AND
FRESENIUS MEDICAL CARE HOLDING, INC., D/B/A FRESENIUS MEDICAL CARE NORTH
AMERICA D/B/A NORTHWEST HOUSTON DIALYSIS, AND BIOMEDICAL APPLICATIONS OF
TEXAS, INC.; from Harris County;
14th district (14-07-00925-CV, ___ SW3d ___, 02-24-09, pet. denied July 2009)
(employment dispute, disability discrimination, retaliation, sj for defendant affirmed)
09-0371
KEITH RUSSELL JUDD v. KAREN Y. COREY-STEELE; from Ector County;
11th district (11-09-00002-CV, ___ SW3d ___, 02-26-09, pet. denied July 2009)
(IFP appeal denied, noncompliance with requirements of rule for indigent appeals)
09-0391
CARROLL GRANT v. LAUGHLIN ENVIRONMENTAL, INC.; from Harris County;
1st district (01-07-00227-CV, ___ SW3d ___, 12-18-08, pet. denied July 2009)
(summary judgment evidence, conclusory affidavit, breach of contract, quantum meruit, fraud,
negligent misrepresentation)
09-0419
KRISTOFER THOMAS KASTNER v. MARTIN, DROUGHT AND TORRES, INC.; from Bexar
County; 4th district (04-08-00779-CV, ___ SW3d ___, 03-11-09, pet. denied July 2009)
(indigency affidavit, IFP appeal denied)
09-0421
JESUS GREGORIO LOPEZ v. JORGE AMADO LOPEZ; from Brooks County;
4th district (04-08-00178-CV, ___ SW3d ___, 03-11-09, pet. denied July 2009)
(arbitration award confirmed, challenge rejected)
09-0436
PROFINANCE ASSOCIATES, INC. v. ROCHELLE COHEN-SAGI AND ANNETTE GOLDBERG;
from Bexar County;
4th district (04-08-00181-CV, ___ SW3d ___, 03-04-09, pet. denied July 2009)
(contract dispute, superseding contract)
09-0449
IN THE INTEREST OF T.D.S.T. AND C.T., CHILDREN; from Childress County;
7th district (07-08-00399-CV, ___ SW3d ___, 04-15-09, pet. denied July 2009)
as corrected (termination of parental rights affirmed)
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