TEXAS SUPREME COURT
PETITIONS FOR REVIEW DENIED
NOVEMBER 2009
PETITIONS FOR REVIEW DENIED
NOVEMBER 2009
2009 TEXAS SUPREME COURT
DECISIONS:
PETITION DENIALS 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 NOVEMBER 2009
Petitions for Review Denied November 2009
TTHE FOLLOWING PETITIONS FOR REVIEW WERE DENIED NOV. 20, 2009:
08‑0386 J. STEPHEN SPENCER & KIPPLING L. SPENCER v. NOEL DOUGLAS VAUGHN,
CATHERINE GAY VAUGHN, & SCOTT ALAN YEATS; from Hays County; 3rd district
(03‑05‑00077‑CV, ___ SW3d ___, 03‑06‑08)
08‑0418 IRIS BURNETT-DUNHAM v. CARDIS SPURGIN; from Dallas County; 5th district
(05‑06‑01190‑CV, 245 SW3d 14, 12‑11‑07)
08‑0636 ANNETTE M. HENRY, R. CHRISTOPHER BELL AND BELL & HENRY, L.L.P. v.
LENIETA WYLENE TROUSDALE; from Harris County; 14th district (14‑06‑00848‑CV, 261
SW3d 221, 06‑24‑08) 2 petitions (Justice Guzman not sitting)
08‑0893 SCI, TEXAS FUNERAL SERVICES, INC. D/B/A SUNSET MEMORIAL GARDENS v.
ESTELLA ARAGON, INDIVIDUALLY AND ON BEHALF OF HER MINOR SON, CHRISTIAN
ARAGON, ERICA ARAGON, REBECCA ARAGON RIZO AND STEPHEN ARAGON; from Ector
County; 11th district (11‑07‑00008‑CV, 268 SW3d 112, 08‑07‑08)
08‑1013 ADOLFO PALOMINO-HERNANDEZ, M.D. v. ALFREDO MORENO AND FRANCES
MORENO, INDIVIDUALLY AND AS HEIRS AND REPRESENTATIVES OF THE ESTATE OF
BERNADETTE MORENO, DECEASED; from El Paso County; 8th district (08‑07‑00010‑CV,
269 SW3d 236, 10‑23‑08)
09‑0157 IRVING HOLDINGS, INC. AND ISAIAS TEWELDE v. HERMAN BROWN AND
EMPLOYERS INSURANCE OF WAUSAU; from Dallas County; 5th district (05‑06‑01654‑CV,
274 SW3d 926, 01‑05‑09) (Justice Johnson not sitting)
09‑0372 SOUTHWESTERN BELL YELLOW PAGES, INC. 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 (03‑07‑00638‑CV, ___ SW3d ___, 01‑30‑09)
(Justice Hecht not sitting)
09‑0499 DAMON LEE WOOD v. MARCUS P. BOLDT, INDEPENDENT EXECUTOR OF THE
ESTATE OF JUDY GAIL WOOD AND JOHN CARROLL OSBORNE; from Parker County; 2nd
district (02‑08‑00171‑CV, ___ SW3d ___, 04‑09‑09)
09‑0523 TARA PARTNERS, LTD, GRANADA TERRACE, LTD, DAVID R. WISE, 1606
SAVANNAH LLC, WINDSOR GARDENS, LTD, FREEPORT VILLA BRAZOS APARTMENTS,
LTD v. CITY OF SOUTH HOUSTON; from Harris County; 14th district (14‑07‑00330‑CV, 282
SW3d 564, 01‑13‑09)(Justice Guzman not sitting)
09‑0532 BRAZOS VALLEY MHMR v. GENA TAYLOR; from Brazos County; 10th district
(10‑08‑00323‑CV, ___ SW3d ___, 05‑13‑09)
09‑0534 CRANDALL MEDICAL CONSULTING SERVICES, INC. v. JOHN A. HARRELL; from
Comal County; 3rd district (03‑07‑00689‑CV, ___ SW3d ___, 02‑05‑09)
09‑0538 VERIZON NORTH INC. 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 (03‑08‑00151‑CV, ___ SW3d ___, 05‑22‑09)(Justice Hecht not sitting)
09‑0552 THE AMERICAN BOARD OF OBSTETRICS AND GYNECOLOGY, INC. v. MAHMOOD
YOONESSI, M.D.; from Dallas County; 5th district (05‑08‑00513‑CV, 286 SW3d 624, 05‑28‑09)
09‑0568 DAVID A. WHITE v. MARTHA HARRIS-WHITE; from Harris County; 1st district
(01‑07‑00521‑CV, ___ SW3d ___, 05‑28‑09)
09‑0591 IN THE MATTER OF A.D.; from Lamar County; 6th district (06‑08‑00014‑CV, 287
SW3d 356, 05‑15‑09)
09‑0604 CITY OF MCALLEN v. DAHLILA GUERRA CASSO; from Hidalgo County; 13th district
(13‑08‑00618‑CV, ___ SW3d ___, 03‑26‑09)
as amended
09‑0630 LONG BEACH MORTGAGE COMPANY v. ROBB EVANS, AS RECEIVER FOR TLC
AMERICA, INC.; from Dallas County; 5th district (05‑07‑00435‑CV, 284 SW3d 406, 03‑06‑09)
09‑0670 TRAVIS, WOLFF & COMPANY, L.L.P., MOORE STEPHENS TRAVIS WOLFF, LLP,
EDWARD A. WOLFF, JR., INDIVIDUALLY AND ON BEHALF OF EDWARD A. WOLFF, JR., P.C.
v. TOWNES TELECOMMUNICATIONS, INC., NORTHEAST FLORIDA TELEPHONE COMPANY,
WALNUT HILL TELEPHONE COMPANY, CHOCTAW TELEPHONE COMPANY, TATUM
TELEPHONE COMPANY, ELECTRA TELEPHONE COMPANY, HAXTUN TELEPHONE
COMPANY AND MOKAN DIAL, INC.; from Dallas County; 5th district (05‑08‑00079‑CV, 291
SW3d 490, 06‑29‑09)(Justice Hecht not sitting)
09‑0698 KEVIN KONECNY v. HUNT CONSTRUCTION GROUP, INC., DESERT PLAINS, INC.,
WAY ENGINEERING, LTD. AND WAY ENGINEERING SERVICE, LTD.; from Harris County; 1st
district (01‑06‑01155‑CV, 290 SW3d 238, 12‑04‑08)
09‑0708 NELSON THIBODEAUX AND TONY NOWAK v. USLD COMMUNICATIONS, INC. AND
QWEST SERVICES CORPORATION; from Tarrant County; 2nd district (02‑08‑00092‑CV, 291
SW3d 518, 07‑09‑09)
09‑0716 IN RE COMMITMENT OF JACK KIRSCH; from Montgomery County; 9th district
(09‑08‑00004‑CV, ___ SW3d ___, 07‑16‑09)
09‑0720 JASON BLAKENEY v. STATE OF TEXAS; from Rusk County; 6th district
(06‑09‑00131‑CR, ___ SW3d ___, 06‑26‑09)
09‑0773 JIM CONNELLY MASONRY, INC. v. MATL CONSTRUCTION COMPANY F/K/A
STEWART-MATL, LTD. AND TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA; from Bastrop County; 3rd district (03‑08‑00559‑CV, ___ SW3d ___, 07‑31‑09)
09‑0774 WILLIE H. GOFFNEY AND GLADYS R. GOFFNEY v. HOUSTON INDEPENDENT
SCHOOL DISTRICT, ET AL.; from Harris County; 1st district (01‑08‑00063‑CV, ___ SW3d
___, 07‑30‑09)
09‑0785 TIMOTHY OSONMA, M.D. AND IPC THE HOSPITALIST COMPANY, INC. v. CATHY L.
SMITH, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF BOBBY JACK SMITH,
DECEASED; from Bexar County; 4th district (04‑08‑00841‑CV, ___ SW3d ___, 07‑01‑09)
09‑0790 GARY MURCHISON v. MINH QUOC PHAM; from Harris County; 14th district
(14‑08‑00080‑CV, ___ SW3d ___, 08‑11‑09)(Justice Guzman not sitting)
09‑0814 CHARLES GLEN HYDE AND HYDE-WAY, INC. v. JOHN R. DAVIS; from Denton
County; 2nd district (02‑08‑00313‑CV, ___ SW3d ___, 08‑13‑09)
09‑0938 IN THE INTEREST OF K.F.K., ET AL., CHILDREN; from Bexar County; 4th district
(04‑08‑00186‑CV, ___ SW3d ___, 08‑31‑09)
THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED NOV. 6, 2009:
09‑0092 CHRISTOPHER J. MCCLOSKEY v. ANNE M. MCCLOSKEY; from Fort Bend County;
14th district (14‑06‑00470‑CV, ___ SW3d ___, 09‑09‑08, pet. denied Nov 2009)
as reinstated (Attorney's Fees in SAPCR divorce improperly characterized as additional child
support McCloskey v. McCloskey (Tex.App.- Houston [14th Dist.] Apr. 2, 2009)(Substituted
opinion by Hedges) (SAPCR divorce attorneys fees cannot be ordered as additional child
support enforceable by contempt)
09‑0502 RICARDO BARRERA, M.D. v. ISELA RICO AND MANUEL RICO, INDIVIDUALLY AND
AS PARENTS AND NEXT FRIENDS OF GLORIA RICO, A MINOR; from Hidalgo County; 13th
district (13‑04‑00480‑CV, ___ SW3d ___, 11‑06‑08, pet denied Nov. 2009)(HCLC expert
report extension)
09‑0517 RELIANCE CAPITAL, INC. v. G.R. HMAIDAN, INC., G.R. HMAIDAN AND ISAM
HMAIDAN; from Harris County; 14th district (14‑07‑01059‑CV, ___ SW3d ___, 05‑14‑09, pet
denied Nov. 2009) Reliance Capital, Inc. v. G.R. Hmaidan, Inc (Tex.App.- Houston [14th Dist.]
May 14, 2009)(Hedges)(promissory note suit, res judicata, UFTA)
09‑0731 JOHN FOX v. CITY OF EL PASO, THOMAS MAGUIRE, WILLIAM STERN, MARIO
D'AGOSTINO, SAM JARVIS AND JOHN DOE(S); from El Paso County; 8th district
(08‑08‑00092‑CV, 292 SW3d 247, 07‑22‑09, pet denied Nov. 2009)(pro se suit against city
dismissed, governmental immunity, plea to the jurisdiction)
09‑0796 JERRY GUMPERT AND MARTIN COYNE v. ABF FREIGHT SYSTEM, INC., BARRY
SIRCY, TOMMY WALKER, ROBERT GRAVES, GEORGE WARREN, PERRY WAYNE
MIDDLEBROOK, RICHARD CRAWFORD, RICHARD FISER, DAN NOONKESTER, RICHARD
MARTINEZ, RICHARD PASSMORE AND LEONARD ESNER; from Dallas County; 5th district
(05‑07‑01717‑CV, 293 SW3d 256, 05‑20‑09, pet denied Nov. 2009)(defamation claim fails,
civil conspiracy likewise in the absence of underlying tort) (same-sex harassment, employment
retaliation claim)
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