TEXAS SUPREME COURT
PETITIONS FOR REVIEW DENIED
MARCH 2009
PETITIONS FOR REVIEW DENIED
MARCH 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
MARCH 2009 PFR DENIALS
Petitions for Review Denied in March 2009
THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED MARCH 27, 2009:
08-0397 CITY OF DALLAS v. DAVID JONES AND VERONICA JONES; from Dallas County;
5th district (05-07-00831-CV, ___ SW3d ___, 03-05-08)
08-0448 DALLAS COUNTY, TEXAS v. ROBERT LINSON, JR., ET AL.; from Dallas County;
5th district (05-07-01219-CV, ___ SW3d ___, 04-24-08)
08-0467 DALLAS COUNTY, TEXAS v. REGINALD AUTRY; from Dallas County; 5th district
(05-06-01436-CV, 251 SW3d 155, 03-26-08)
08-0600 GORDON STEWART v. MARIA SOTELO; from El Paso County;
8th district (08-06-00145-CV, ___ SW3d ___, 05-22-08)
08-0627 JIM TRANUM v. DAVID BROADWAY; from Coryell County; 10th district \
(10-06-00308-CV, ___ SW3d ___, 07-02-08) 2 petitions
08-0652 PETER LOVETT v. LOUIS LOVETT; from Navarro County;
10th district (10-06-00410-CV, ___ SW3d ___, 07-02-08)
08-0817 THE KANSAS CITY SOUTHERN RAILWAY COMPANY v. MISSOURI PACIFIC RAILROAD,
INDIVIDUALLY AND D/B/A UNION PACIFIC RAILROAD COMPANY, UNION PACIFIC RAILROAD
COMPANY, UNION PACIFIC SYSTEM; from Orange County; 9th district (09-06-00255-CV, ___ SW3d
___, 07-17-08)
08-0852 IN RE ESTATE OF GILBERT M. DENMAN, JR., DECEASED; from Bexar County;
4th district (04-07-00851-CV, 270 SW3d 639, 08-27-08)
2 petitions (Chief Justice Jefferson not sitting)
08-0855 CITY OF FORT WORTH, TEXAS AND FIRE CHIEF RUDOLPH JACKSON, JR. v. KRIS
CARR; from Tarrant County; 2nd district (02-07-00375-CV, 266 SW3d 116, 08-26-08)
08-0857 SUSAN GAIL MESSINA v. LOUIS ANTHONY MESSINA; from Harris County;
1st district (01-07-00277-CV, ___ SW3d ___, 07-24-08)
08-0883 THE STATE OF TEXAS v. $130,510.00 IN LAWFUL CURRENCY; from Titus County;
6th district (06-07-00132-CV, 266 SW3d 169, 09-12-08)
Justice Brister notes his dissent to the denial
08-0895 JIM H. HAMILTON, JR. v. RAYMOND E. THOMPSON, ET AL.; from Anderson County; 12th
district (12-07-00231-CV, ___ SW3d ___, 06-30-08)
08-0927 JUAN MARIO VILLAFANI, M.D. v. ADELA TREJO; from Cameron County; 13th district
(13-04-00449-CV, ___ SW3d ___, 09-18-08)
08-0950 ESTATE OF HARLEY D. WEBB, JR., DECEASED RICHARD L. PAGE, TRUSTEE v.
MARSHA WEBB, DAVID WEBB, HERSHEL R. PAYNE, AS INDEPENDENT EXECUTOR AND
CATHOLIC CHARITIES DIOCESE OF FORT WORTH, INC.; from Tarrant County;
2nd district (02-07-00304-CV, 266 SW3d 544, 08-29-08)
08-0952 GEORGE DAVID GORDON, JR. v. JAMES GREGORY GORDON AND LISA KAYE
GORDON; from Montgomery County; 9th district (09-05-00330-CV, ___ SW3d ___, 07-31-08)
08-0971 CHRISTUS SPOHN HEALTH SYSTEM D/B/A CHRISTUS SPOHN HOSPITAL MEMORIAL v.
DAY CRUISES MARITIME, L.L.C. AND CORPUS CHRISTI DAY CRUISE, L.L.C.; from Nueces County;
13th district (13-06-00471-CV, 267 SW3d 42, 04-17-08) 2 petitions
08-0975 ESTATE OF ELIZABETH L. WEBB, DECEASED, RICHARD L. PAGE, TRUSTEE v.
MARSHA WEBB, DAVID WEBB, HERSHEL R. PAYNE, AS INDEPENDENT EXECUTOR, AND
CATHOLIC CHARITIES DIOCESE OF FORT WORTH, INC.; from Tarrant County; 2nd district (02-07-
00302-CV, ___ SW3d ___, 08-29-08)
08-0980 HELEN WILEMS, THOMAS LEE, INDIVIDUALLY AND AS REPRESENTATIVE OF THE
ESTATE OF
FELICIA MARIE LEE, DECEASED v. GST TRANSPORT SYSTEMS, L.P. AND HENRY DANEFORD;
from Dallas
County; 5th district (05-08-00118-CV, ___ SW3d ___, 10-01-08)
08-1031 KAREN C. REYNOLDS v. NEAL NAGELY D/B/A LAW FIRM OF NEAL NAGELY; from Collin
County;
5th district (05-06-00856-CV, 262 SW3d 521, 08-21-08)
as redrafted
08-1033 ALFREDO FLORES, SAM LAJZEROWICZ AND DEBRA TRAPHAGAN v. STAR CAB
COOPERATIVE ASSOCIATION, INC., ET AL.; from Bexar County; 7th district (07-06-00306-CV, ___
SW3d ___, 08-28-08) as redrafted
08-1041 MARSHALL SCOTT TAYLOR v. STATE OF TEXAS; from Trinity County; 12th district
(12-08-00040-CV, 266 SW3d 553, 09-03-08)
09-0035 THE CITY OF HOUSTON v. SOUTHERN ELECTRICAL SERVICES, INC., AS ASSIGNEE OF
THE MORGANTI GROUP, INC. AND THE MORGANTI GROUP, INC.; from Harris County; 1st district
(01-07-00808-CV, 273 SW3d 739, 11-20-08)
(Justice Green not sitting)
09-0043 DAVID HENRY v. JAMES MCMICHAEL AND ELIZABETH ANN KOEHLER, CO-INDEPENDEN
EXECUTORS OF THE ESTATE OF W.T. MCMICHAEL AND CATHERINE MCMICHAEL; from Brazoria
County;
1st district (01-07-00622-CV, 274 SW3d 185, 10-02-08)
motion for stay denied
agreed motion to consolidate dismissed as moot
09-0067 JOHN S. MOORE v. PULMOSAN SAFETY EQUIPMENT CORPORATION; from Harris
County; 14th district (14-07-00885-CV, ___ SW3d ___, 12-09-08)
09-0097 IN RE COMMITMENT OF JOSE SALAZAR; from Montgomery County; 9th district
(09-07-00345-CV, ___ SW3d ___, 11-26-08) as corrected
09-0120 CARLYN BAILEY-MASON v. RAE BLACK MASON; from Dallas County; 5th district
(05-07-01257-CV, ___ SW3d ___, 12-10-08)
09-0133 AMERICAN BANK OF COMMERCE v. DANNY S. DAVIS; from Travis County; 3rd district
(03-07-00264-CV, ___ SW3d ___, 12-31-08)
09-0147 DON D. JOHNSON, ET AL. v. LA MESA FARMS, INC.; from Yoakum County; 7th district
(07-07-00241-CV, ___ SW3d ___, 01-07-09)
THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED MARCH 20, 2009:
09‑0086
CA PARTNERS AND RANDALL JOHNSON v. MARSHALL SPEARS AND CITIFINANCIAL, INC.; from
Galveston County; 14th district (14‑07‑00057‑CV, 274 SW3d 51, 08‑21‑08)
THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED MARCH 13, 2009:
08‑1009
RICHARD LUNA, INDIVIDUALLY AND D/B/A RICHARD'S MACHINE SERVICES v. DANIEL C. RUNYON
AND AUTO, BUS & TRUCK, LP; from Travis County; 3rd district (03‑06‑00615‑CV, ___ SW3d ___,
07‑03‑08)
09‑0004
JOHN S. MARTIN v. SHERMAN A. BROWN; from Matagorda County; 13th district (13‑07‑00112‑CV,
___ SW3d ___, 08‑25‑08)
09‑0019
REGINALD I. BAILEY A/K/A RAY HILL v. THE STATE OF TEXAS; from Travis County; 3rd district
(03‑08‑00367‑CV, ___ SW3d ___, 12‑12‑08)
09‑0022
MARK A. METZGER, JR. v. PATRICIA F. WESTBO; from Tyler County; 9th district (09‑08‑00241‑CV,
___ SW3d ___, 11‑26‑08)
09‑0045
PETE ROZELLE, JR. v. BARBARA K. FELLOWS AND DAVID BROCK; E. EDD PRITCHETT,
INDIVIDUALLY AND AS TRUSTEE OF THE ROZELLE FAMILY TRUST; from Kendall County; 4th
district (04‑07‑00600‑CV, ___ SW3d ___, 11‑05‑08)
THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED MARCH 6, 2009:
08‑0968
JOSE JORGE MORENO AND ANALISA MORENO v. BP AMERICA PRODUCTION COMPANY; BP
AMERICA, INC.; BP PRODUCTS NORTH AMERICA, INC.; BP PIPELINES (NORTH AMERICA), INC.;
BP NORTH AMERICAN PETROLEUM, INC.; AND PAT AUBE; from McMullen County; 4th district
(04‑08‑00036‑CV, ___ SW3d ___, 09‑10‑08)
08‑0969
ROGER AND LINDA HOOPER v. BOBBY SMALLWOOD, INDIVIDUALLY AND DBA BOBBY
SMALLWOOD CONSTRUCTION COMPANY, INC., ROBERT SKINNER, INDIVIDUALLY AND DBA
ROBERT SKINNER CONCRETE CONTRACTORS; from Lamar County; 6th district (06‑07‑00075‑CV,
270 SW3d 234, 10‑22‑08)
08‑1082
GAIL SMITH v. DR. ALAN HENSON, D.C.; from Tarrant County; 2nd district (02‑07‑00151‑CV, 270
SW3d 673, 10‑02‑08)
08‑1083
SOUTHWEST AVIATION SPECIALTIES, LLC AND DAVID C. GUZMAN, AN INDIVIDUAL v.
WILMINGTON AIR VENTURES IV, INC. AND DELISA AIRCRAFT MANAGEMENT, INC.; from Tarrant
County; 2nd district (02‑08‑00062‑CV, ___ SW3d ___, 11‑20‑08)
09‑0010
STEPHANIE L. TROEGER, D.D.S. v. MARGARET MYKLEBUST; from Harris County; 14th district
(14‑07‑00884‑CV, 274 SW3d 104, 08‑28‑08)
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