TEXAS SUPREME COURT
PETITIONS FOR REVIEW DENIED
SEPTEMBER 2009
PETITIONS FOR REVIEW DENIED
SEPTEMBER 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 SEPTEMBER 2009
Petitions for Review Denied September 2009
THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED SEP. 25, 2009:
08-0755
CITY OF DEL RIO v. CLAYTON SAM COLT HAMILTON TRUST, BY AND THROUGH ITS
TRUSTEE, J.R. HAMILTON; from Val Verde County; 4th district (04-06-00782-CV, 269 SW3d
613, 02-27-08, pet. denied Sep. 2009, pet. denied Sep. 2009)
08-0881
IN THE MATTER OF T.A., A JUVENILE; from Midland County; 11th district (11-06-00342-CV,
___ SW3d ___, 09-04-08, pet. denied Sep. 2009)(juvenile case, delinquent conduct by
committing the offense of unauthorized use of a vehicle on six separate occasions)
as redrafted
08-0917
IN THE INTEREST OF J.I.M., A MINOR; from El Paso County; 8th district (08-05-00302-CV,
281 SW3d 504, 08-21-08, pet. denied Sep. 2009)(SAPCR modification, child support arrears)
08-0940
TENNESSEE GAS PIPELINE COMPANY v. TECHNIP USA CORPORATION AND TECHNIP, S.
A.; from Harris County; 1st district (01-06-00535-CV, ___ SW3d ___, 12-21-07, pet. denied
Sep. 2009)(commercial breach of contract dispute, parent guaranty) 2 petitions
09-0037
AIG ANNUITY INSURANCE COMPANY, ET AL. v. SEARS, ROEBUCK AND CO.; from Dallas
County; 5th district (05-07-00758-CV, 270 SW3d 632, 08-21-08, pet. denied Sep. 2009)
(breach of indenture agreement)
09-0050
JOHNNY RODRIGUEZ, JR. v. ICON BENEFIT ADMINISTRATORS, INC.; from Lubbock County;
7th district (07-07-00039-CV, ___ SW3d ___, 10-15-08, pet. denied Sep. 2009)(dissenting
opinion)(does erroneous dismissal with prejudice, as opposed to dismissal without prejudice,
have res judicata effect?)
09-0085
DICK'S LAST RESORT OF THE WEST END, INC., DICK'S LAST RESORT OF DALLAS, INC.,
DICK'S LAST RESORT OF TEXAS, INC., DICK'S LAST RESORT OF CHICAGO, INC., DICK'S
HOLDING COMPANY, INC. AND STEVEN SCHIFF v. MARKET/ROSS, LTD. AND WILLIAM H.
NABORS; from Dallas County; 5th district (05-07-01220-CV, 273 SW3d 905, 12-31-08, pet.
denied Sep. 2009) (submission of issues to the jury, affirmative defenses)
In seven issues, appellants allege error in the submission of alter ego and single business
enterprise issues to the jury, See Footnote 1 and contend the trial judge erred by granting
Market/Ross's motion for directed verdict on appellants' counterclaims and refusing to submit
appellants' affirmative defenses to the jury. Appellants also contend there is an irreconcilable
conflict in the jury's answers, and allege the trial judge erred by failing to require that
appellees allocate their evidence of attorney's fees. We affirm the trial court's judgment.
09-0104
MARBLE FALLS INDEPENDENT SCHOOL DISTRICT v. ROBERT SCOTT, HONORABLE
COMMISSIONER OF EDUCATION FOR THE STATE OF TEXAS, THORNTON KEEL, DONNA
KEEL, MICHAEL HELLRUNG, DONNA HELLRUNG, WILLIAM PASCHALL, DAVID WOMACK,
NATALIE KLOSS, DARRYL HUBBELL AND AMY HUBBELL; from Travis County;
3rd district (03-07-00576-CV, 275 SW3d 558, 11-14-08, pet. denied Sep. 2009)
The Commissioner of Education issued a decision granting a petition filed under education
code section 13.053 by the individual appellees, a group of parents of school-age children
("the Keels"), who sought to detach their land from appellant Marble Falls Independent School
District ("Marble Falls") and annex it to Lake Travis Independent School District instead.
Marble Falls filed suit in district court, seeking a declaratory judgment, trial de novo, and
injunctive relief against the Commissioner's decision. Appellees filed pleas to the jurisdiction
asserting that because Marble Falls filed its petition in district court before the Commissioner
made a final ruling on Marble Falls's motion for rehearing in the administrative proceeding,
Marble Falls had not exhausted its administrative remedies. The trial court agreed and
granted the pleas, dismissing Marble Falls's suit for want of jurisdiction. We affirm the trial
court's order.
In this suit for judicial review, review that is granted only by statute and only when a party has
satisfied the APA's administrative process, see Cypress-Fairbanks I.S.D., 830 S.W.2d at 90;
Austin Indep. Sch. Dist. v. Lowery, 212 S.W.3d 827, 831 (Tex. App.--Austin 2006, pet. denied),
we hold that Marble Falls's failure to satisfy the jurisdictional prerequisite of awaiting a final
decision before filing suit resulted in a lack of jurisdiction in the trial court that could not be
cured. The trial court, therefore, properly granted appellees' pleas to the jurisdiction. We
affirm the trial court's order of dismissal.
09-0138
CITY OF AUSTIN, ET AL. v. NORTHWEST AUSTIN MUNICIPAL UTILITY DISTRICT NO. 1, ET
AL.; from Travis County; 3rd district (03-04-00240-CV, 274 SW3d 820, 11-14-08, pet. denied
Sep. 2009) 2 petition motion to amend petition for review denied ("allocation agreement"
under section 54.016(f) of the Texas Water Code)
09-0248
DEWAYNE FUNDERBURK, AS NEXT FRIEND OF WHITNEY FUNDERBURK v. RORY LEWIS, M.
D.; from Limestone County; 10th district (10-05-00197-CV, ___ SW3d ___, 12-31-08, pet.
denied Sep. 2009) 2 petitions (med-mal suit)
Dewayne Funderburk filed a medical malpractice suit against Dr. Rory Lewis alleging that
Lewis improperly treated his daughter Whitney’s fractured wrist. The trial court denied Lewis’s
motion to dismiss premised on Funderburk’s failure to serve a sufficient expert report under
section 74.351 of the Civil Practice and Remedies Code. Lewis contends in two issues that
the court should have granted the motion to dismiss because: (1) Funderburk’s expert, a
family practitioner, is not qualified to render an expert opinion on orthopedic care; and (2) the
report is conclusory and insufficient to establish causation. Lewis also contends that, if we
sustain either of these issues, we should remand the case to the trial court with instructions to
award costs and attorney’s fees.
... we reverse the trial court’s order denying Lewis’s motion to dismiss and render a judgment
of dismissal. In addition, we remand this cause to the trial court for a hearing solely to
determine the amount of attorney’s fees and costs to be awarded to Lewis. See Bogar v.
Esparza, 257 S.W.3d 354, 373 (Tex. App.—Austin 2008, no pet.);
09-0325
AON RISK SERVICES OF TEXAS, INC. v. HORIZON OFFSHORE CONTRACTORS, INC. AND
HORIZON VESSELS, INC.; from Harris County; 14th district (14-07-00549-CV, 283 SW3d 53,
03-12-09, pet. denied Sep. 2009)(breach of fiduciary duty, election of remedies, judicial
estoppel)
09-0329
TRINITY RIVER AUTHORITY OF TEXAS v. BOYER, INC.; from Tarrant County;
2nd district (02-07-00052-CV, 279 SW3d 354, 01-17-08, pet. denied Sep. 2009)
Appellant Boyer, Inc. seeks a reversal of the trial court's summary judgment for Appellee
Trinity River Authority of Texas dismissing Boyer's claim for lack of jurisdiction. Boyer argues
on appeal that the trial court erred by not finding a waiver of immunity under the Texas Local
Government Code because Boyer properly pleaded and provided sufficient summary
judgment evidence to support the existence of a contract and a claim for breach of that
contract. Boyer also argues that trial court erred if summary judgment was based on TRA's
position that the Texas Water Code contains no waiver of immunity for Boyer's contract claims
because the water code is irrelevant to the sovereign immunity analysis. Because we hold
that the trial court erred by granting summary judgment and dismissing Boyer's claim, we
reverse the judgment and remand the cause for further proceedings.
09-0335
H.C. BECK PARTNERS, LTD. v. AUSTIN INDEPENDENT SCHOOL DISTRICT; from Travis
County; 3rd district (03-07-00228-CV, ___ SW3d ___, 03-13-09, pet. denied Sep. 2009)(with
dissenting opinion by Henson)(breach of construction contract claim, subrogation rights)
This is an appeal of a summary judgment in favor of a general contractor in a suit for breach
of a construction contract. The claims in the suit were filed by the property owner. However,
what is at issue is the status of the subrogation rights of the owner's insurer and the effect of
certain contractual provisions on those rights. We reverse the summary judgment and remand
for further proceedings consistent with this opinion.
09-0383
EMORY B. PERRY, ET AL. v. DARRYL R. COHEN, ET AL.; from Travis County;
3rd district (03-05-00786-CV, 285 SW3d 137, 03-26-09, pet. denied Sep. 2009)
(concurring opinion) (Justice Hecht not sitting)(special exceptions)
09-0386
RAYMOND SOMERS, DERIVATIVELY ON BEHALF OF EGL, INC. v. JAMES R. CRANE,
MILTON CARROLL, JAMES C. FLAGG, FRANK J. HEVRDEJS, PAUL W. HOBBY, MICHAEL K.
JHIN, NEIL E. KELLEY, SHERMAN WOLFF, CENTERBRIDGE PARTNERS, L.P., THE
WOODBRIDGE CO. LTD. AND NOMINAL DEFENDANT EGL, INC.; from Harris County; 1st
district (01-07-00754-CV, ___ SW3d ___, 03-26-09, pet. denied Sep. 2009)(shareholder
derivative suit, breach of fiduciary duty, standing) 2 petitions
- consolidated with -
09-0394
RAYMOND SOMERS, DERIVATIVELY ON BEHALF OF EGL, INC. v. JAMES R. CRANE,
MILTON CARROLL, JAMES C. FLAGG, FRANK J. HEVRDEJS, PAUL W. HOBBY, MICHAEL K.
JHIN, NEIL E. KELLEY, SHERMAN WOLFF, CENTERBRIDGE PARTNERS, L.P., THE
WOODBRIDGE CO. LTD. AND NOMINAL DEFENDANT EGL, INC.; from Harris County; 1st
district (01-08-00119-CV, ___ SW3d ___, 03-26-09, pet. denied Sep. 2009)
(plea to the jurisdiction on the ground that Somers lacked standing to sue derivatively,
special exceptions, motion to dismiss)
09-0390
ZURICH AMERICAN INSURANCE COMPANY v. SANDRA DEBOSE; from Harris County; 1st
district (01-08-00717-CV, ___ SW3d ___, 03-26-09, pet. denied Sep. 2009)
(no final judgment, appeal dismissed for want of jurisdiction)
09-0398
C. SPRINGS 300, LTD. v. HARTFORD FIRE INSURANCE COMPANY; from Harris County; 1st
district (01-06-00065-CV, 287 SW3d 771, 04-16-09, pet. denied Sep. 2009)(construction law,
bonding)
09-0423
GLORIA CELESTE LOVING v. CITY OF HOUSTON; from Harris County;
14th district (14-07-00621-CV, 282 SW3d 555, 01-08-09, pet. denied Sep. 2009)
(Public Information Act (PIA) pka open records act)
Appellant Gloria Celeste Loving filed a suit for writ of mandamus against appellee City of
Houston to compel disclosure of requested information under the Texas Public Information
Act. Appellee filed a special excepti on, stating that a mandamus action was not proper under
the Texas Government Code when the attorney general had issued a letter ruling excepting
the information from disclosure. The trial court granted the special exception, but appellant
did not amend her pleading on this issue. Appellee moved for summary judgment on two
grounds: (1) the pleading is deficient; and (2) the information is confidential. Finding appellee
met its summary-judgment burden on the second ground, we affirm the judgment of the trial
court.
09-0434
LILLIAN MARIAN FOOTE TIGARD, ET AL. v. SEYED HASSAN MOOSAVIDEEN; from Harris
County; 1st district (01-06-00002-CV, ___ SW3d ___, 11-20-08, pet. denied Sep. 2009)
(lease law, real estate transactions and litigation, purchase option)
We deny appellees' motion for rehearing. However, we withdraw our opinion and judgment of
July 26, 2007 and issue this opinion in their stead.
The issue presented by this appeal is whether a lessee validly exercised a purchase option
before being notified by the lessor that the lessee was in default on the lease. We also
consider whether a lessee can validly exercise a purchase option despite being in default of
the lease. We hold that (1) the lessee validly exercised the purchase option before being
notified that he was in default on the lease, and (2) the lessee could exercise the purchase
option anytime before the contract terminated because the lease did not contain language in
the option clause conditioning its exercise on the lessee's performance of the terms of the
lease. Accordingly, we reverse and render in part and reverse and remand in part.
CONCLUSION
We reverse the declaratory judgment in favor of the heirs and render judgment declaring that
Moosavideen is entitled to specific performance to exercise the purchase option granted in
Article XV of the lease. We also reverse the portion of the judgment awarding the heirs
$88,456.16 in damages against Moosavideen on their breach of contract claim and render
judgment that the heirs take nothing on such claim. We also reverse the portion of the
judgment granting an equitable offset to Moosavideen and render judgment that he take
nothing on such claim. Finally, we reverse the award of attorney's fees and costs to the heirs
and remand both parties' claims for attorney's fees and costs to the trial court for further
proceedings.
09-0484
THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, GALLAGHER BASSETT
SERVICES, INC. AND BELINDA YBARRA v. SUE ANN STINSON; from Harris County; 14th
district (14-07-00698-CV, 286 SW3d 77, 04-30-09, pet. denied Sep. 2009) (extra-contractual
claims against appellees the Insurance Company)(workers compensation denial of claim)
(Stinson contends the trial court erred in dismissing her suit for want of jurisdiction based on
an asserted failure to exhaust available administrative remedies. We reverse and remand.)
09-0492
MOTIENT CORPORATION v. HIGHLAND CRUSADER OFFSHORE PARTNERS, L.P.;
HIGHLAND EQUITY FOCUS FUND, L.P.; HIGHLAND CAPITAL MANAGEMENT, L.P.; HIGHLAND
CAPITAL MANAGEMENT SERVICES, INC.; from Dallas County;
th district (05-07-01735-CV, 281 SW3d 237, 03-06-09, pet. denied Sep. 2009)
(res judicata, collateral estoppel, judicial estoppel, ratification)
09-0498
BEDRIJE HAJDARI SEYMOUR v. FLOYD DAVID SEYMOUR; from Harris County; 14th district
(14-07-00280-CV, ___ SW3d ___, 02-24-09, pet. denied Sep. 2009) (restricted appeal
requisites, non-participation at trial, waiver of citation, appearance)
09-0503
RICHARD LOUIS SIMMONS AND LINDIG CONSTRUCTION AND TRUCKING, INC. v. EDMOND
L. BISLAND III AND RHONDA BISLAND; from Hays County; 3rd district (03-08-00141-CV, ___
SW3d ___, 04-09-09, pet. denied Sep. 2009)(motor vehicle wreck, prejudgment interest)
Richard Louis Simmons and his employer, Lindig Construction and Trucking, Inc., appeal from
the trial court's judgment affirming a jury verdict in favor of Edmond and Rhonda Bisland in the
Bislands' suit for damages resulting from a motor vehicle accident. Simmons and Lindig argue
that the trial court erred in allowing the Bislands to present evidence supporting their
alternative liability theories after Simmons and Lindig stipulated to negligence, causation, and
vicarious liability. Simmons and Lindig further argue that the jury awards for certain elements
of damages are unsupported by the evidence. The Bislands cross-appeal, arguing that the
trial court erred in allowing Simmons and Lindig a credit against prejudgment interest. We
modify the trial court's judgment to delete the credit against prejudgment interest and affirm
the judgment as modified.
We modify the trial court's judgment to delete the credit against prejudgment interest and
affirm the judgment as modified.
09-0509
JAY PETROLEUM, L.L.C. v. EOG RESOURCES, INC. F/K/A ENRON OIL & GAS COMPANY;
from Harris County; 1st district (01-08-00541-CV, ___ SW3d ___, 05-07-09, pet. denied Sep.
2009)(scope of remand, implications of relief requested or not prayed for in court of appeals,
remand of counterclaims, attorney's fees, fact issue as to reasonableness of attorney's fees,
inflated number of hours claimed, controverting countervailing fee affidavit by attorney)
(Justice O'Neill not sitting, pet. denied Sep. 2009)
09-0527
XTRIA LLC v. INTERNATIONAL INSURANCE ALLIANCE INCORPORATED; from Dallas County;
6th district (06-08-00073-CV, 286 SW3d 583, 05-15-09, pet. denied Sep. 2009)
(arbitration award confirmation, manifest disregard of the law by arbitrator, gross mistake as
grounds for vacatur discussed)
09-0546
SALLY DOE v. TEXAS ASSOCIATION OF SCHOOL BOARDS, INC. AND TEXAS ASSOCIATION
OF SCHOOL BOARDS RISK MANAGEMENT FUND; from Denton County;
2nd district (02-08-00266-CV, 283 SW3d 451, 03-05-09, pet. denied Sep. 2009) (sex assault
on pupil, indemnity)
09-0548
CLIFTON JERRY LANDRY v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE - INSTITUTIONAL
DIVISION, COMMISSARY AND TRUST FUND DEPARTMENT, ET AL.; from Walker County;
10th district (10-09-00108-CV, ___ SW3d ___, 05-20-09, pet. denied Sep. 2009)
(untimely appeal dismissed for want of jurisdiction)
09-0553
DERWEN RESOURCES, LLC AND SHRINERS HOSPITALS FOR CHILDREN, INC. v. CARRIZO
OIL & GAS, INC.; from Liberty County; 9th district (09-07-00597-CV, ___ SW3d ___, 05-28-09,
pet. denied Sep. 2009) This dispute involves the interpretation of a deed conveying an
interest in real estate, chain of title)
09-0608
ANDREW R. MIRELES v. JENNIFER S. MIRELES; from Harris County;
1st district (01-08-00499-CV, ___ SW3d ___, 04-02-09, pet. denied Sep. 2009)
(void order, same-sex marriage divorce, collateral attack on divorce judgment)
09-0611
YIGAL BOSCH v. MARK S. ARMSTRONG, PAUL BAILIFF AND SQUIRE, SANDERS AND
DEMPSEY, L.L.P.; from Harris County; 1st district (01-08-00847-CV, ___ SW3d ___, 06-11-
09, pet. denied Sep. 2009)(suit barred by judicial communications tort immunity, absolute
privilege for communications in court proceeding, sanctions for baseless claim)
09-0664
XIAO YU ZHONG AND YING CHUN MA, INDIVIDUALLY AND AS NEXT FRIEND OF HONG YA
ZHONG AND DAONAN HE, MINOR CHILDREN v. SUNBLOSSOM GARDENS, L.L.C. D/B/A
SUNBLOSSOM GARDENS; from Harris County; 1st district (01-08-00470-CV, ___ SW3d ___,
04-30-09, pet. denied Sep. 2009)(premises liability, crime on apartment premises)
09-0666
BRUCE Q. MARTIN v. DENISE L. MARTIN; from Grayson County;
5th district (05-07-01571-CV, 287 SW3d 260, 04-13-09, pet. denied Sep. 2009)
(enforceability of marital property agreement. fraud, duress)
09-0676
JACK D. BROCK v. JULIE FREDERICK TANDY; from Tarrant County;
2nd district (02-08-00400-CV, ___ SW3d ___, 07-02-09, pet. denied Sep. 2009)
(libel per se, actual malice)
09-0684
IN RE COMMITMENT OF DON DAVIS, JR.; from Montgomery County;
9th district (09-08-00124-CV, ___ SW3d ___, 06-25-09, pet. denied Sep. 2009)
(SVP commitment)
09-0690
RAGHBIR SANDHU v. PINGLIA INVESTMENTS OF TEXAS, L.L.C. AND SUMMER PINGLIA;
from Harris County; 14th district (14-08-00184-CV, ___ SW3d ___, 06-25-09, pet. denied Sep.
2009)(promissory note suit, SJ for plaintiff affirmed) (commercial real estate transaction:
financing of purchase of shopping center, suit for breach of promissory note, summary
judgment procedure, affirmative defenses not properly asserted in response to Plaintiff's
motion, proof of balance due and damages in note suit)
09-0749
PHILL RAIJE RIAN v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from
Williamson County; 3rd district (03-08-00155-CV, ___ SW3d ___, 07-31-09, pet. denied Sep.
2009) as corrected (termination of parental rights affirmed) (concurring opinion)
THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED SEP 18, 2009 :
09-0559
JEFFREY I. RUBINETT v. SHARON M. RUBINETT; from Tarrant County;
2nd district (02-08-00021-CV, ___ SW3d ___, 05-14-09, pet. denied Sep 2009)
(SAPCR divorce case, allocation of specific parental rights)
09-0565
LONE STAR STORAGE TRAILER, II LTD. AND LONE STAR STORAGE TRAILER v. VILLAGE
OF SALADO; from Bell County; 3rd district (03-06-00572-CV, ___ SW3d ___, 04-10-09, pet.
denied Sep 2009) (declaratory judgment action to declare annexation ordinance void)
09-0569
KRISTOFER THOMAS KASTNER v. THE KROGER COMPANY, ET AL.; from Harris County;
14th district (14-08-01001-CV, ___ SW3d ___, 04-09-09, pet. denied Sep. 2009) (dismissal)
(opinion not online)
09-0578
MICHAEL KENNEDY v. CHARLES STEEN AND DETECTIVE MUNNIZ, IN THEIR INDIVIDUAL
AND OFFICIAL CAPACITY; from Anderson County;
14th district (14-08-00603-CV, ___ SW3d ___, 06-18-09, pet. denied Sep 2009)
(prison inmate litigation dismissal)
09-0587
JOHN KLOTZ STOKES, M.D. v. DAVID DELAROSA; from Travis County;
3rd district (03-06-00785-CV, ___ SW3d ___, 06-04-09, pet denied Sep. 2009)
(denial of motion to dismiss med-mal suit affirmed, expert report requirement)
09-0622
GARRY JENKINS v. STATE AND COUNTY MUTUAL INSURANCE COMPANY; from Tarrant
County; 2nd district (02-08-00279-CV, 287 SW3d 891, 06-11-09, pet. denied Sep. 2009)
as redrafted (default judgment against additional insured, is insurer liable in the absence of
notice?)
09-0711
RALPH O. DOUGLAS v. ELISE SELMA DOUGLAS; from Harris County;
14th district (14-08-00277-CV, ___ SW3d ___, 03-26-09, pet. denied Sep. 2009) (dismissal)
(untimely notice of appeal)(motion for extension of time to file NoA)
THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED SEP. 11, 2009:
09-0545
JAMES KENNETH COLLINS v. STACEY LEIGH COLLINS; from Montgomery County;
13th district (13-07-00240-CV, ___ SW3d ___, 03-12-09, pet denied Sep. 2009)(clarification
of divorce decree, right of first refusal) motion to dismiss petition for review denied
This appeal arises from a motion to enforce and clarify a divorce decree filed by appellee,
Stacey Leigh Collins. Appellant, James Kenneth Collins, contends the trial court erroneously
interpreted a provision in the divorce decree. We reverse the complained-of portion of the trial
court's clarification order and remand the cause for further proceedings consistent with this
opinion.
09-0556
USDR, INC. AND JOHN ROBINSON v. CABOT CAPITAL CORPORATION AND CABOT
ESTATES, LLC; from Tarrant County; 8th district (08-07-00202-CV, ___ SW3d ___, 04-30-09,
pet denied Sep. 2009) (witness testimony should have been excluded)
09-0619
MICHAEL JOSEPH LESSARD, DOROTHY ELAINE LESSARD, MONICA JEAN LESSARD AND
JEANNE MARIA LESSARD v. VELSICOL CHEMICAL CORP.; from Live Oak County; 13th
district (13-00-00113-CV, ___ SW3d ___, 04-23-09, pet. denied Sep. 2009) (DWOP and
denial of motion to reinstate affirmed)
THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED SEP. 4, 2009
09-0381
JOHN A. LYONS v. LAURI D. LYONS; from Bexar County;
4th district (04-08-00259-CV, ___ SW3d ___, 01-14-09, pet. denied Sep. 2009)
(divorce appeal, business records affidavit defective, findings of fact & conclusions of law,
error preservation for appellate review) as redrafted
09-0385
DONALD RAY MCCRAY v. HARRIS COUNTY, ET AL.; from Travis County;
3rd district (03-08-00210-CV, ___ SW3d ___, 02-18-09 pet. denied Sep. 4, 2009)
(untimely notice of appeal, no appellate jurisdiction)
09-0539
GENERAL NEON SIGN COMPANY v. DAILEY & WELLS COMMUNICATIONS, INC.; from Bexar
County; 4th district (04-08-00488-CV, ___ SW3d ___, 03-18-09, pet. denied Sep. 4, 2009)
(sufficiency of the evidence review, measure of damages)
09-0600
ELAINE LEAX v. ROBERT W. LEAX; from Harris County;
1st district (01-08-00149-CV, ___ SW3d ___, 06-11-09, pet. denied Sep. 4, 2009)(suit for
annulment, marriage and divorce fraud, serial wife divorcee, pattern of domestic violence
allegations, concealment of numerous prior marriages, fraud in the inducement)
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