TEXAS SUPREME COURT
PETITIONS FOR REVIEW DENIED
MAY 2009
PETITIONS FOR REVIEW DENIED
MAY 2009
2009 TEXAS SUPREME COURT
DECISIONS - DISPOSITIONS
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
MAY 2009 PFR DENIALS
Petitions for Review Denied May 2009
Orders Pronounced May 29, 2009
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED MAY 29, 2009:
09‑0204 THOMAS TARBOX v. DAVE THOMSON D/B/A WATERSIDE CONSTRUCTION &
ENGINEERING; from Polk County; 9th district (09‑07‑00213‑CV, ___ SW3d ___, 10‑30‑08)
09‑0241 SANDSTONE PRODUCTS, INC. v. PARA-CHEM SOUTHERN, INC.; from Harris County;
1st district (01‑06‑01073‑CV, ___ SW3d ___, 02‑05‑09)
09‑0254 CLIFFORD ZEIFMAN v. SHERYL MICHAELS, JOHN BARRETT, KARL E. HAYS, LAW
OFFICES OF JOHN BARRETT, BECKY BEAVER AND THE LAW OFFICE OF BECKY BEAVER;
from Travis County; 3rd district (03‑08‑00287‑CV, ___ SW3d ___, 02‑12‑09)
09‑0274 LAWRENCE HIGGINS v. RANDALL COUNTY SHERIFF'S OFFICE; from Randall County;
7th district (07‑05‑00004‑CV, ___ SW3d ___, 03‑16‑09)
(Justice Johnson not sitting)
09‑0283 EX PARTE JESSIE SIMMONS; from Dallas County; 5th district (05‑07‑01353‑CV, ___
SW3d ___, 02‑19‑09)
09‑0356 IN THE INTEREST OF Z.C., C.C., L.C., AND D.A.C., JR., MINOR CHILDREN; from Tarrant
County; 2nd district (02‑08‑00025‑CV, 280 SW3d 470, 02‑12‑09)
as redrafted
THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED MAY 22, 2009
09‑0203 IN THE INTEREST OF J.R.S., J.L.S. AND B.L.N.S., CHILDREN; from Young County; 2nd
district (02‑08‑00034‑CV, ___ SW3d ___, 02‑05‑09)
as redrafted
09‑0231 VINCENT WRENCHER, SR. v. STEPHANIE WRENCHER; from Travis County; 3rd district
(03‑08‑00156‑CV, ___ SW3d ___, 02‑06‑09)
09‑0281 KENNETH HILL v. BRUCE W. SMITH, M.D., MICHELLE LASTRAPE, P.A. AND KATHRYN
BELL; from Brazoria County; 14th district (14‑08‑01016‑CV, ___ SW3d ___, 02‑19‑09)
as amended
09‑0284 DIANA L. KABBANI AND JULIA S. KABBANI, MINOR CHILDREN AND TERESA J.
LAUDERDALE v. IMOGEN S. PAPADOPOULOS AND LAW OFFICE OF IMOGEN PAPADOPOULOS;
from Harris County; 1st district (01‑07‑00191‑CV, ___ SW3d ___, 02‑26‑09)
09‑0293 UHS OF TIMBERLAWN, INC. v. S.B., A MINOR, BY AND THROUGH HER NEXT FRIEND A.
B.; from Dallas County; 5th district (05‑08‑00222‑CV, ___ SW3d ___, 02‑24‑09)
09‑0400 IN THE INTEREST OF J.F., J.J. AND J.J., CHILDREN; from Tarrant County; 2nd district
(02‑08‑00183‑CV, ___ SW3d ___, 03‑26‑09)
THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED MAY 15, 2009:
08‑0338 IN THE INTEREST OF ALETA B. ARREGUIN LOWE ROY, DECEASED; from McLennan
County; 10th district (10‑07‑00028‑CV, 249 SW3d 592, 01‑23‑08)
08‑0614 MELVIN JOHNSON v. JAMES BRIAN HAWKINS II AND BANKS & HAWKINS; from Dallas
County; 5th district (05‑07‑00601‑CV, 255 SW3d 394, 05‑05‑08)
08‑0790 ERA REALTY GROUP, INC. v. ADVOCATES FOR CHILDREN AND FAMILIES, INC.; from
Victoria County; 13th district (13‑06‑00690‑CV, 267 SW3d 114, 06‑05‑08)
08‑0996 ST. PAUL FIRE & MARINE INSURANCE COMPANY v. CLARK & COMPANY, INC.; from
Dallas County; 5th district (05‑07‑01097‑CV, ____ SW3d ___, 10‑21‑08)
08‑1070 SHARON HEMPHILL v. MICHAEL HUMMELL; from Nueces County; 13th district
(13‑05‑00515‑CV, ___ SW3d ___, 07‑31‑08)
08‑1073 MHI PARTNERSHIP, LTD. v. DH REAL ESTATE INVESTMENT COMPANY D/B/A DH
INVESTMENT COMPANY; from Travis County; 3rd district (03‑04‑00485‑CV, ___ SW3d ___,
08‑20‑08)
09‑0023 CHICORY COURT SIMPSON STUART, L.P. v. CITY OF DALLAS; from Dallas County; 5th
district (05‑08‑00262‑CV, 271 SW3d 412, 11‑24‑08)
09‑0024 IN THE ESTATE OF BOBBIE S. LYNCH, DECEASED; from Kendall County; 13th district
(13‑06‑00562‑CV, ___ SW3d ___, 11‑25‑08)
09‑0089 STANLEY K. SMITH v. PATRICIA L. SMITH; from Randall County; 7th district
(07‑07‑00113‑CV, ___ SW3d ___, 11‑12‑08)
09‑0112 RAJ N. SHAH v. ARIAS & ARIAS CONSULTORES AND PEGASUS BROKERAGE HOUSE,
INC.; from Rockwall County; 5th district (05‑07‑00280‑CV, 270 SW3d 741, 11‑10‑08)
09‑0113 RAJ N. SHAH v. GIANNINA BIOUSSE-VALDES AND GENEVA ASSET MANAGEMENT, S.
A.; from Rockwall County; 5th district (05‑07‑00281‑CV, 270 SW3d 757, 11‑10‑08)
09‑0197 BANGALORE N. LAKSHMIKANTH, M.D. v. YVONNE T. LEAL, ALBERTO B. LEAL,
INDIVIDUALLY AND AS NEXT FRIENDS OF M.T.L., A MINOR AND STEVE A. KAMEL; from
Cameron County; 13th district (13‑08‑00389‑CV, ___ SW3d ___, 01‑22‑09)
09‑0282 KRISTOFER THOMAS KASTNER v. MARTIN & DROUGHT, INC. F/K/A MARTIN,
DROUGHT & TORRES, INC.; GERALD T. DROUGHT AND DAIN A. DREYER; from Bexar County;
4th district (04‑07‑00342‑CV, ___ SW3d ___, 02‑04‑09)
as supplemented
Orders Pronounced May 8, 2009
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED MAY 8, 2009:
09‑0126 CORDELL MOODY v. KYLE JAMES; from Harrison County; 6th district (06‑08‑00132‑CV,
___ SW3d ___, 01‑21‑09) as redrafted
09‑0239 JUD WALTON AND JANET WALTON v. CITY OF MIDLAND, ENDEAVOR ENERGY
RESOURCES, L.P., MICHAEL J. CANON, W. WESLEY PERRY, LUANN MORGAN, BERRY
SIMPSON, WILLIAM F. DINGUS, SCOTT DUFFORD, VICKY HAILEY, MICHAEL TROST, JOHN
JAMES AND TOMMY HUDSON; from Midland County; 11th district (11‑08‑00143‑CV, ___ SW3d
___, 01‑08‑09)
THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED MAY 1, 2009:
07‑1054 MARK WHITEAKER v. CITY OF ROUND ROCK AND ROUND ROCK FIRE CHIEF LARRY
HODGE; from Travis County; 3rd district (03‑07‑00009‑CV, 241 SW3d 609, 11‑16‑07)
08‑0433 JOANN DURAN CAMARILLO v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE
SERVICES; from Tom Green County; 3rd district (03‑07‑00314‑CV, ___ SW3d ___, 02‑15‑08)
08‑0862 MICHAEL GIBNEY, INDIVIDUALLY AND ON BEHALF OF MICRO-BLEND, INC. v. ROY
CULVER, JR., CULVER INTERESTS AND ANA-TECH, INC.; from San Patricio County; 13th district
(13‑06‑00112‑CV, ___ SW3d ___, 04‑24‑08)
08‑1045 MICHAEL GREEN v. TRIAD REALTY SERVICES, LTD., ET AL.; from Dallas County; 5th
district (05‑07‑01631‑CV, ___ SW3d ___, 10‑30‑08)
08‑1050 SAN MARCOS RIVER FOUNDATION v. TEXAS COMMISSION ON ENVIRONMENTAL
QUALITY, GUADALUPE-BLANCO RIVER AUTHORITY, SAN ANTONIO RIVER AUTHORITY AND
SAN ANTONIO WATER SYSTEM; from Travis County; 13th district (13‑06‑00326‑CV, 267 SW3d
356, 07‑31‑08)
08‑1052 PROGRESSIVE CHILD CARE SYSTEMS, INC., KARRY L. DUNN AND HEATHER DUNN v.
KIDS "R" KIDS INTERNATIONAL, INC. AND PATRICK D. VINSON; from Denton County; 2nd district
(02‑07‑00127‑CV, ___ SW3d ___, 11‑06‑08)
08‑1068 CITY OF DALLAS v. DORA SAUCEDO-FALLS, ET AL.; from Dallas County; 5th district
(05‑08‑00029‑CV, 268 SW3d 653, 08‑18‑08)
08‑1079 MANDELL RHODES, JR. v. JAMES POLAND, ET AL.; from Anderson County; 12th district
(12‑08‑00060‑CV, ___ SW3d ___, 10‑08‑08)
08‑1080 DIANA FITE, M.D. AND PATRICK WOODS, M.D. v. EMTEL, INC. AND JOSEPH
DEGIOANNI, M.D.; from Harris County; 1st district (01‑07‑00273‑CV, ___ SW3d ___, 10‑02‑08)
09‑0027 ENGLISH MARINE AGENCY, INC. v. BORDER SHIPYARDS, INC., ET AL.; from Cameron
County; 13th district (13‑07‑00149‑CV, ___ SW3d ___, 11‑25‑08)
09‑0105 THOMAS WILSON A/K/A THOMAS MARVIN WILSON, INDIVIDUALLY v. THE STATE OF
TEXAS, THE CITY OF DALLAS AND THE TRANSIT AUTHORITY OF DALLAS, TEXAS; from Travis
County; 3rd district (03‑07‑00444‑CV, 272 SW3d 686, 11‑21‑08)
09‑0129 NATIONAL FOOTBALL LEAGUE PLAYERS INCORPORATED AND NATIONAL
FOOTBALL LEAGUE PLAYERS ASSOCIATION v. BLAKE'S BAR-B-QUE, INC.; from Harris County;
1st district (01‑06‑01106‑CV, ___ SW3d ___, 03‑06‑08)
09‑0143 ROLAND D. FORTENBERRY, JR., A/K/A DALE FORTENBERRY, JR. AND KAYE ANN
FORTENBERRY v. GERALD R. CAVANAUGH, JR. AND DIANNA CAVANAUGH, INDIVIDUALLY AND
AS SHAREHOLDERS IN THE RIGHT OF FORTUNE PRODUCTS, INC., A TEXAS CORPORATION,
AND INTERVENOR, BURL HARPER, AS RECEIVER OF FORTUNE PRODUCTS, INC.; from Burnet
County; 3rd district (03‑07‑00310‑CV, ___ SW3d ___, 11‑26‑08)
09‑0166 SHANE WATSON v. SHIRLEY NEWMAN AND JILL WATKINS; from Potter County; 7th
district (07‑08‑00203‑CV, ___ SW3d ___, 11‑21‑08)
09‑0171 DENNIS VERNER v. PATTERSON UTI ENERGY, INC., PATTERSON UTI DRILLING
COMPANY, PATTERSON UTI DRILLING COMPANY WEST; from Midland County; 11th district
(11‑07‑00370‑CV, ___ SW3d ___, 10‑09‑08)
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 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