TEXAS SUPREME COURT
PETITIONS FOR REVIEW DENIED
JUNE 2009
PETITIONS FOR REVIEW DENIED
JUNE 2009
2009 TEXAS SUPREME COURT
DECISIONS - PETITIONS FOR REVIEW DISPOSED OF 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
PFR DENIALS ANNOUNCED JUNE 2009
Petitions for Review Denied June 2009
THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED JUNE 26, 2009:
08-0867
JOE POOL AND LESLIE POOL v. GALLE, INC.; from Travis County; 3rd district
(Galle, Inc. v. Pool 03-07-00619-CV, 262 SW3d 564, 08-29-08, pet. denied Jun 2009) (fraudulent
misrepresentation)(mold litigation, trial court erred by not applying settlement credit amount of
damages awarded against nonsettling party)(extinguishment of contribution claim against nonsettling
party)(one-satisfaction rule)
(03-07-00619-CV, 262 SW3d 564, 08-29-08, pet. denied Jun 2009)
09-0175
IN THE MATTER OF J.J., A CHILD; from Travis County;
3rd district (03-08-00023-CV, 276 SW3d 171, 12-31-08, pet. denied June 2009) (juvenile matter)
09-0209
DRALVES GENE EDWARDS, M.D. v. BLUE CROSS BLUE SHIELD OF TEXAS, A DIVISION OF
HEALTH CARE SERVICE CORP.; from Dallas County; 5th district (05-07-01281-CV, ___ SW3d ___,
12-19-08, pet. denied June 2009) (federal preemption, Medicare reimbursement dispute brought
under state law theories, summary judgment on the pleadings without evidence) (We conclude
Edwards's pleadings affirmatively show his state law claims are “inextricably intertwined” with
Medicare benefits determinations, and are preempted by the Medicare Act. Thus, we affirm the trial
court's judgment.")
09-0210
KAUFMAN COUNTY, TEXAS, WAYNE GENT, JIM DELLER, GERALD ROWDEN, KENNETH SCHOEN,
KEN LEONARD AND HAL D. JONES v. JO ANN E. COMBS; from Kaufman County; 5th district (05-07-
01152-CV, 274 SW3d 922, 12-30-08, pet. denied June 2009)(probate court jurisdiction, recusal of
judge, guardianship) (guardianship proceeding, subject matter jurisdiction of probate court, void
order contention overruled) ("Having jurisdiction, Judge Ashworth had the authority to determine the
Guardian's fee recovery and his 2002 order is a valid, enforceable order. Tex. Gov't Code Ann. §
21.001(a) (Vernon 2004). Therefore, trial court erred when it held it lacked jurisdiction regarding the
Guardian's claims in the present case.")
09-0261
JAY KENNEDY v. ANGELA M. JOHNSON; from Harris County; 14th district
(14-08-00692-CV, ___ SW3d ___, 02-05-09, pet. denied June 2009) (recusal, no appellate
jurisdiction over interlocutory order, finality of order required for ordinary appeal, DWOJ appeal
dismissed)(no interlocutory appeal from order denying motion to recuse the judge) (finality of order
for purposes of appeal)
09-0287
YIQING FENG v. SABIC AMERICAS, INC.; from Harris County; 14th district
(14-07-00699-CV, ___ SW3d ___, 03-17-09, pet. denied June 2009) (employment-retaliation-claim-
but-for-causal-connection-pretext-protected-activity) (employment law, retaliation) as redrafted
09-0322
JUDY S. BAGGS AND MICHAEL J. BAGGS v. DENNIS BECKER AND SHANNON BRAY; from Bastrop
County; 3rd district (03-07-00731-CV, ___ SW3d ___, 02-06-09, pet. denied June 2009)
(grandparent suit, inconvenient forum, Florida)
09-0354
LAWRENCE EDWARD THOMPSON v. JOSE ALISEDA AND RISSIE OWENS; from Bee County; 13th
district (13-08-00417-CV, ___ SW3d ___, 01-29-09, pet. denied June 2009)(Tex.App.- Corpus
Christi, Jan. 29, 2009, pet. denied June 2009) (prisoner suit, pro se litigant, no jurisdiction over
claim, habeas corpus)
09-0392
TERENCE A. MIKKELSEN v. PHILLIP H. PURDIE; from Dallas County;
5th district (05-07-01759-CV, ___ SW3d ___, 02-18-09, pet. denied June 2009))(limitations did not
bar debt claim)
09-0406
IN THE MATTER OF THE GUARDIANSHIP OF LUKE FORREST HUMPHREY, AN INCAPACITATED
PERSON; from Smith County; 12th district (12-07-00118-CV, ___ SW3d ___, 02-18-09, pet. denied
June 2009) (interlocutory appeal, guardianship) 2 petitions
THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED JUNE 19, 2009:
08-0783 LAWRENCE W. FEW v. CATHERINE J. FEW; from El Paso County; 8th district (08-06-
00234-CV, 271 SW3d 341, 08-28-08, pet. denied June 2009) As redrafted as amended (recusal of
judge, denial of Indigency, pro se litigants, affidavit of indigence)
09-0060 ESTATE OF BRANCH ARCHER, BY RICHARD K. ARCHER AS PERSONAL
REPRESENTATIVE AND RICHARD K. ARCHER, INDIVIDUALLY AND AS TRUSTEE OF THE
RICHARD K. ARCHER, M.D., P.A. PROFIT SHARING PLAN & TRUST v. RICHARD O. HARRIS,
INDIVIDUALLY AND AS TRUSTEE OF THE RICHARD O. HARRIS PROFIT SHARING TRUST; from
Wichita County; 2nd district (02-07-00243-CV, ___ SW3d ___, 12-04-08, pet. denied June 2009)
(Justice Johnson not sitting)(partnership dispute, collateral estoppel, judicial estoppel, money had
and received)
09-0071 TERRA XXI, LTD., TERRA PARTNERS, VEIGEL FARMS, INC., ROBERT W. VEIGEL AND
ELLA MARIE VEIGEL v. AG ACCEPTANCE CORPORATION; from Deaf Smith County; 7th district
(07-06-00419-CV, 280 SW3d 414, 10-31-08, pet. denied June 2009) (Jurisdiction of Courts Below,
foreclosure sale, right to possession, forcible detainer)
09-0152 BANK OF TEXAS, N.A. v. VR ELECTRIC, INC.; from Fort Bend County; 1st district (01-07-
00308-CV, 276 SW3d 671, 12-31-08, pet denied June 2009) (dispute about payment of a forged
check, damages for paying VR’s check that was forged. The judgment against the Bank was for
breach of contract and the judgment against the co-defendant, Frank C. Mata, was for negligence)
09-0163 ELYON LIGHT MINISTRY v. DEVON ENERGY PRODUCTION COMPANY, LLP; from Tarrant
County; 2nd district (02-08-00421-CV, ___ SW3d ___, 01-29-09, pet. denied June 2009) (Justice
O'Neill not sitting)(corporation must appear by attorney)
09-0227 BILL M. RANKIN v. GREG ABBOTT, ATTORNEY GENERAL OF THE STATE OF TEXAS;
from Bowie County; 6th district (06-07-00149-CV, ___ SW3d ___, 12-10-08, pet. denied June 2009 )
(employment dispute, termination, charge of discrimination untimely, had not timely filed his
administrative charge of discrimination).
09-0250 JOHN L. KENNAMER, ET AL. v. ESTATE OF JOHN A. NOBLITT, ET AL.; from Brazoria
County; 1st district (01-08-00134-CV, ___ SW3d ___, 01-08-09, pet. denied June 2009)
(animal law, injury due to cow, lack of ownership defense successful)
09-0308 JOSE ANTONIO HERRERA v. AMD PROPERTY MANAGEMENT, INC.; from Harris County;
1st district (01-08-00437-CV, ___ SW3d ___, 02-26-09, pet. denied June 2009) (premises liability,
crime, negligence, and gross negligence).
09-0347 IN THE MATTER OF E.A.P.; from Bexar County; 4th district (04-08-00503-CV, ___ SW3d
___, 03-11-09, pet. denied June 2009)( DISQUALIFICATION OF DA RECUSAL OF JUDGE)
09-0367 JEFFREY NELSON; ALFRED P. SCHOELEN, JR. AND TIMOTHY STECKER v. CITY OF
DALLAS AND CHIEF DAVID KUNKLE; from Dallas County;
5th district (05-08-00335-CV, 278 SW3d 90, 02-04-09, pet. denied Jun 2009)(whether the City of
Dallas has primary jurisdiction or exclusive jurisdiction over the initial determination of disciplinary
issues concerning its police officers, plea to the jurisdiction properly granted, abatement)
09-0382 IN THE INTEREST OF L.K.H. A CHILD; from Kaufman County;
5th district (05-08-01191-CV, ___ SW3d ___, 03-06-09, pet. denied June 2009)
(termination of parental rights, untimely notice of appeal)
09-0393 SEMBERA SECURITY SYSTEMS, INC. A/K/A SEMBERA SECURITY, INC. v. TEXAS
MUTUAL INSURANCE COMPANY, F/K/A TEXAS WORKERS' COMPENSATION INSURANCE FUND;
from Harris County; 1st district (01-07-00310-CV, ___ SW3d ___, 01-29-09, pet. denied Jun 2009)
(breach of contract claim, cancellation of workers’ compensation insurance coverage for non-
payment of premium)
THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED JUNE 12, 2009:
07-0145 ALBERT HAWKINS, EXECUTIVE COMMISSIONER OF THE TEXAS HEALTH AND HUMAN
SERVICES COMMISSION, ET AL. v. EL PASO FIRST HEALTH PLANS, INC. AND COMMUNITY
HEALTH CHOICE, INC.; from Travis County; 3rd district (03-04-00663-CV, 214 SW3d 709, 01-11-07,
pet. denied June 2009)(plea to the jurisdiction because sovereign immunity , ultra vires claim)
08-0744 IN THE INTEREST OF E.E.C., S.M.C., AND V.C.; from Harris County; 14th district (14-08-
00167-CV, ___ SW3d ___, 07-24-08, pet. denied Jun 2009) (affidavit of indigence, IFP appeal)
dismissed as moot
08-0784 FOXWORTH-GALBRAITH LUMBER COMPANY v. ROBERT PAVELKA AND DENA
PAVELKA; from McLennan County; 10th district (10-07-00246-CV, ___ SW3d ___, 08-06-08)
(consumer law, breach of contract, negligent misrepresentation, breach of warranty, and DTPA
violations)
08-0819 PEDRO P. HANI, M.D. v. ISABELLA JIMENEZ, INDIVIDUALLY, AND AS REPRESENTATIVE
OF THE ESTATE OF REFUGIO P. JIMENEZ, DECEASED; from Dallas County;
5th district (05-07-01354-CV, 264 SW3d 881, 08-13-08, pet denied)(medical malpractice)
08-1069 GOLDEN SPREAD ELECTRIC COOPERATIVE, INC. v. DENVER CITY ENERGY
ASSOCIATES, L.P.; from Potter County; 7th district (07‑07‑00073‑CV, 269 SW3d 183, 10-16-08,
pet. denied)(electrical power dispute)
08-1081 ANN CASSTEVENS v. DANIEL SMITH AND SHANNON SMITH; from Smith County; 6th
district (06-07-00116-CV, 269 SW3d 222, 10-23-08, pet denied June 2009)(restitution, unjust
enrichment TTTT, unfair debt collection claim), foreclosure sale)
09-0041 KENNETH L. KEY v. D. BAILEY TYLER; from Smith County; 12th district
(12-07-00384-CV, ___ SW3d ___, 11‑26‑08, pet. denied June 2009)[no opinion online]
09-0077 JOHN M. LIM, M.D. v. RALPH WEST; from Harris County; 1st district (01-08-00469-CV, ___
SW3d ___, 10-23-08, pet. denied Jun 2009)( interlocutory appeal health care liability case,
abatement)
09-0082 DALLAS AREA RAPID TRANSIT v. AGENT SYSTEMS, INC.; from Tarrant County; 2nd
district (02-08-00156-CV, ___ SW3d ___, 11-20-08, pet. denied June 2009)(contract termination for
convenience or a termination for default)
09-0094 IN THE INTEREST OF D.C.M. AND L.G.M.; from Fort Bend County; 14th district (14-06-
00844-CV, ___ SW3d ___, 09-09-08, pet denied) (SAPCR modification, multiple issue on appeal,
mischaracterization of attorney's fees as child support corrected, child support litigation)
09-0164 IN THE INTEREST OF L.K.K. AND C.M.K., CHILDREN; from Montgomery County; 11th
district (11-07-00106-CV, ___ SW3d ___, 09‑11‑08, pet. denied)(child support modification, denial
of credit for voluntary overpayment, findings of facts)
09-0192 PYRAMID CONSTRUCTORS, L.L.P. v. PORT NECHES-GROVES INDEPENDENT SCHOOL
DISTRICT; from Jefferson County; 9th district (09-08-00197-CV, 281 SW3d 142, 02-05-09, pet.
denied 209)(district not immune from claim, instructed verdict)
09-0225 CASCOTT, LLC, ET AL. v. THE CITY OF ARLINGTON; from Tarrant County; 2nd district
(02-08-00042-CV, 278 SW3d 523, 02-19-09, pet. denied June 2009) (exercise of eminent domain
authority to condemn the properties)
09-0244 CODY JONES v. GRAY INSURANCE COMPANY; from Newton County; 9th district (09-08-
00322-CV, ___ SW3d ___, 03-05-09, pet. denied Jun 2009)(workers' compensation case
compensable injury).
09-0252 PAUL FRIEDMAN AND SUSAN FRIEDMAN v. THE GLADNEY CENTER AND THE PARTY
DOING BUSINESS AS EDNA GLADNEY CENTER; from Tarrant County; 2nd district (02-08-00188-
CV, ___ SW3d ___, 02-12-09, pet. denied June 2009)(summary judgment)
09-0272 GOODSON PONTIAC GMC, L.L.C., GOODSON NORTH, L.L.C., GOODSON HONDA, INC.,
AUTOMOTIVE GROUP REALTY, L.L.C., UNITED AUTO GROUP, INC. AND MOTORS INSURANCE
COMPANY v. AUTONATION USA CORPORATION N/K/A AN DEALERSHIP HOLDING CORP.,
AUTONATION, INC. AND TURNER, COLLIE & BRADEN, INC.; from Harris County; 1st district (01-07-
00104-CV, ___ SW3d ___,
01-08-09, pet. denied June 2009)(appeal from summary judgment orders denying negligence and
premises liability claims for damages to cars on a parking lot that flooded after heavy rain.)
09-0288 BENJAMIN FRANKLIN ARMSTRONG, III v. CHRISTOPHER MCLOUGHLIN; from Dallas
County; 5th district (05-08-00253-CV, ___ SW3d ___, 02-23-09, pet. denied June 2009) (Justice
Johnson not sitting)(admission of evidence, testimony, MRI scan testimony)
09-0291 SUZANNE COATES AND 2055 INCORPORATED v. ROBERT COATES; from Dallas
County; 5th district (05-08-00440-CV, ___ SW3d ___, 03-17-09, pet. denied June 2009)(jury charge
issues, factual sufficiency review)
09-0314 WILLIAM CRAIG RILEY v. GARY J. COHEN; from Travis County; 3rd district (03-08-00285-
CV, ___ SW3d ___, 02‑19‑09)(sanctions appeal, appellate procedure failure to challenge all bases
for judgment, pro se litigants).
09-0331 SYBLE HOOD AND TOM H. WHITESIDE v. EDWARD D. JONES & CO., L.P. AND ROBBY
R. ROGERS; from Andrews County; 8th district (08-07-00324-CV, 277 SW3d 505, 01-29-09, pet.
denied June 2009) (motion for sanctions pursuant to Rule 13. Ultimately, the trial court denied relief
to Hood and awarded attorney's fees and costs in favor of Appellees instead. This appeal addresses
only the denial of Hood's requested sanctions and the fees and costs awarded against her attorney.)
09-0332 SYBLE HOOD v. EDWARD D. JONES & CO., L.P. AND ROBBY R. ROGERS; from Andrews
County; 8th district (08-07-00093-CV, 277 SW3d 498, 01-29-09, pet denied June 2009)(tortious
interference, at will employment, age discrimination suit)
09-0333 JESSICA SEIDLER v. JAMES M. MORGAN, D/B/A FISH CREEK RANCH AND MORGAN
LAND AND CATTLE PARTNERS, LTD., D/B/A FISH CREEK RANCH; from Bowie County; 6th district
(06-08-00107-CV, 277 SW3d 549, 02-12-09, pet. denied Jun 2009)(animal liability, horseback riding
accident, suits in assumed name, piercing corporate veil)
09-0344 THOMAS BENNETT, EXECUTOR OF THE ESTATE OF MYRTLE BENNETT, DECEASED v.
ARCHIE SEALS, INDEPENDENT EXECUTOR OF THE ESTATE OF JULIA MAE WARNER
THOMPSON, DECEASED; from Austin County; 1st district (01-08-00079-CV, ___ SW3d ___, 02-05-
09, pet denied Jun. 2009)(Will Contest independent executor of the estate probate law)
09-0351 ROBERT D. HENTNIK v. DIANE E. HENTNIK; from Gillespie County; 4th district (04-08-
00868-CV, ___ SW3d ___, 02-11-09, pet. denied Jun 2009)(missed deadline for filing of notice of
appeal and 15-day grace period for motion to extend time to file notice of appeal, appeal dismissed
for want of jurisdiction DWOJ)
08-1069 GOLDEN SPREAD ELECTRIC COOPERATIVE, INC. v. DENVER CITY ENERGY
ASSOCIATES, L.P.; from Potter County; 7th district (07-07-00073-CV, 269 SW3d 183, 10-16-08,
pet. denied Jun. 2009)(attorney’s fees, declaratory relief)
THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED JUNE 5, 2009
08-0402 KEVIN LEE CHUDEJ v. THE STATE OF TEXAS; from McLennan County;
10th district (10-08-00040-CR, 255 SW3d 273, 03-12-08, pet. denied June 2009)
08-0664 LIMESTONE COUNTY, TEXAS v. LAURI J. ANDERSON; from Limestone County; 10th
district (10-07-00174-CV, ___ SW3d ___, 07-02-08, pet. denied June 2009)(employment law,
termination of employment, sex discrimination, retaliation claim, adverse employment action, causal
nexus, filing deadline for administrative complaint under Texas Labor Code, exhaustion of
administrative remedies)
08-0860 EFRAIN RIVERA, M.D. v. ANITA LOWEREE; from El Paso County; 8th district (08-06-
00185-CV, 281 SW3d 515, 08-28-08, pet. denied June 2009) (HCLC denial of doctor's motion to
dismiss the health care liability suit)
08-1010 T. CHRISTOPHER ROBSON v. GARRETT GILBREATH AND DAVID GILBREATH; from
Travis County; 3rd district (03-06-00364-CV, 267 SW3d 401, 08-01-08, pet. denied June 2009)
(frivolous suit sanctions, reasonable inquiry) Rule 13 sanctions for groundless pleading brought in
bad faith) Dissenting opinion by Patterson
08-1015 IN THE MATTER OF J.A.L.; from Galveston County; 1st district (01-07-00896-CV, ___
SW3d ___, 10-30-08, pet. denied June 2009) (juvenile delinquent conduct by committing capital
murder and robbery, constitutionality of his conviction in an application for habeas corpus relief,
contending that his trial counsel rendered constitutionally ineffective assistance before plea bargain.
09-0044 MARK RILEY, INDIVIDUALLY AND AS TRUSTEE v. ROBERT ALPERT, ROMAN ALPERT,
AND RENEE PICAZO, GUARDIAN OF THE ESTATE OF DANIEL ALPERT, A MINOR; from Harris
County; 1st district (01-06-00605-CV, 274 SW3d 277, 10-23-08, pet. denied June 2009)(probate,
trust management dispute)
09-0054 PULMOSAN SAFETY EQUIPMENT CORPORATION v. WILLIAM LAMB; from Harris County;
14th district (14-08-00279-CV, 273 SW3d 829, 12-09-08, pet. denied June 2009)(interlocutory
appeal contests the denial of a special appearance in multi-district silica litigation)
09-0058 JOSEPH DANIELS, D.O., JOSEPH DANIELS, D.O., P.A. AND AMERICAN ORTHOPEDIC
NEUROLOGICAL AND REHABILITATION CENTER v. SHARON JORDAN, AS NEXT FRIEND OF
MICHAEL MASHBURN AND MICHAEL MASHBURN, INDIVIDUALLY; from Tarrant County; 2nd district
(02-06-00341-CV, ___ SW3d ___, 11-13-08, pet. denied June 2009)(medical malpractice claims,
summary judgment based on limitations reversed)
09-0066 BERTRAND R. LOVE v. ALLON R. HAHN, INDIVIDUALLY AND D/B/A HAHN'S GULF
SERVICE; from Harris County; 1st district (01-07-00096-CV, 273 SW3d 712, 11-06-08, pet. denied
Jun 2009) (UFTA fraudulent transfer claim, bona fide purchaser defense, constructive trust)
09-0072 IN THE GUARDIANSHIP OF MARY JANE OLIVARES, AN INCAPACITATED PERSON; from
Bexar County; 7th district (07-07-00275-CV, ___ SW3d ___, 12-12-08, pet. denied Jun 2009)
09-0096 ARTHUR F. "RICK" PRICE v. JOHN D. SEIFERT, M.D. AND THE TEXAS REGIONAL
COSMETIC SURGERY CENTER, INC.; from Dallas County;
5th district (05-08-00655-CV, ___ SW3d ___, 12-23-08, pet. denied Jun 2009)
09-0206 ANHEUSER-BUSCH, INC. v. JAMES DEWBRE; from Hamilton County;
10th district (10-08-00022-CV, ___ SW3d ___, 11-26-08, pet denied Jun 2009)
09-0211 JOSEPH MITCHELL BEARD v. ENDEAVOR NATURAL GAS, L.P. AND TEPEE
PETROLEUM COMPANY, INC.; from Harris County;
1st district (01-08-00180-CV, ___ SW3d ___, 12-19-08, pet. denied June 2009)
09-0253 KENNETH WAYNE HUNTER AND RUFINA HUNTER v. L. DOE AND M. DOE; from Harris
County;
14th district (14-07-00603-CV, ___ SW3d ___, 11-18-08, pet. denied Jun 2009)
09-0266 JAMIE WILSON v. WEST ORANGE-COVE, CONSOLIDATED INDEPENDENT SCHOOL
DISTRICT AND O.T. COLLINS; from Orange County;
9th district (09-08-00068-CV, ___ SW3d ___, 02-12-09, pet. denied Jun 2009)
09-0307 TURNER GERMANY, JR. v. RAYMOND MUNOZ, M.D.; from Dallas County;
5th district (05-08-01442-CV, ___ SW3d ___, 12-29-08, pet. denied June. 2009) (late notice of
appeal)
09-0348 CLYDE NUBINE v. KAREN M. STROLENY, ET AL.; from Bee County;
13th district (13-09-00003-CV, ___ SW3d ___, 02-26-09, pet. denied June 2009)
09-0451 IN THE INTEREST OF K.C.B., A CHILD; from Collingsworth County; 7th district
(07-07-00032-CV, 280 SW3d 888, 03-12-09, pet. denied June 2009)(termination of parental rights)
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