The Supreme Court of Texas | Orders & Opinions - 06/30/2006

Orders & Opinions

The Supreme Court of Texas



June 30, 2006

–  Weekly Orders  –

02-1031
REATA CONSTRUCTION CORPORATION v. CITY OF DALLAS; from Dallas County; 5th district (05‑01‑01780‑CV, 83 SW3d 392, 08‑14‑02)
motion to strike The State of Texas amicus curiae brief in support of motion for rehearing dismissed as moot
 

The Court withdraws its opinion issued April 2, 2004, and issues a substituted opinion.

The Court reverses the court of appeals' judgment and remands the case to the trial court.

Justice Johnson delivered the opinion of the Court, joined by Chief Justice Jefferson, Justice Wainwright, Justice Medina, and Justice Green [ pdf ]

Justice Brister delivered a concurring opinion, joined by Justice Hecht and Justice O'Neill [ pdf ]

(Justice Willett not sitting)

   
03-0878
JUDY TOOKE AND EVERETT TOOKE D/B/A TOOKE AND SONS AND D/B/A NATURE'S WAY ORGANIC LANDSCAPING v. THE CITY OF MEXIA; from Limestone County; 10th district (10‑02‑00261‑CV, 115 SW3d 618, 07‑23‑03)
motion for court to take judicial notice granted
 

The Court affirms the court of appeals' judgment.

Justice Hecht delivered the opinion of the Court, joined by Chief Justice Jefferson, Justice Wainwright, Justice Brister, Justice Medina, and Justice Green [ pdf ]

Justice Johnson delivered an opinion concurring in part and dissenting in part [ pdf ]

Justice O'Neill delivered a dissenting opinion [ pdf ]

(Justice Willett not sitting)

   
03-1128
SANDY DEW, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF PAUL DEW, DECEASED, AND CARL DEW AND DORIS DEW v. CROWN DERRICK ERECTORS, INC.; from Jefferson County; 9th district (09‑01‑00507‑CV, 117 SW3d 526, 09‑25‑03)
 

The Court reverses the court of appeals' judgment and remands the case to that court.

Justice Medina delivered a plurality opinion, joined by Chief Justice Jefferson, Justice O'Neill, and Justice Wainwright [ pdf ]

Justice Brister delivered a concurring opinion, joined by Justice Willett [ pdf ]

Justice Johnson delivered a dissenting opinion, joined by Justice Hecht and Justice Green [ pdf ]

   
04-0175
SATTERFIELD & PONTIKES CONSTRUCTION, INC. v. IRVING INDEPENDENT SCHOOL DISTRICT; from Dallas County; 5th district (05‑03‑00004‑CV, 123 SW3d 63, 09‑26‑03)
as amended
as supplemented
 

Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to the trial court.

Per Curiam Opinion [ pdf ]

(Justice Willett not sitting)

   
04-0406
THE CITY OF HOUSTON, TEXAS v. CLEAR CHANNEL OUTDOOR, INC.; from Harris County; 14th district (14‑03‑00022‑CV, 161 SW3d 3, 01‑15‑04)
 

Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to the trial court.

Per Curiam Opinion [ pdf ]

(Justice Wainwright, Justice Brister, and Justice Willett not sitting)

   
04-0550
FIFTH CLUB, INC. AND DAVID A. WEST v. ROBERTO RAMIREZ; from Travis County; 3rd district (03‑03‑00241‑CV, 144 SW3d 574, 04‑29‑04)
 

The Court affirms in part and reverses in part the court of appeals’ judgment, and renders judgment.

Justice Green delivered the opinion of the Court, in which Chief Justice Jefferson, Justice O'Neill, Justice Brister, and Justice Medina joined, and in which Justice Hecht, Justice Wainwright, Justice Johnson, and Justice Willett joined as to Parts I, II,and III [ pdf ]

Justice Brister delivered a concurring opinion, joined by Chief Justice Jefferson [ pdf ]

Justice Willett delivered a dissenting opinion, joined by Justice Hecht, Justice Wainwright, and Justice Johnson [ pdf ]

   
04-0622
MCMAHON CONTRACTING, L.P. v. CITY OF CARROLLTON; from Dallas County; 5th district (05‑04‑00089‑CV, 134 SW3d 925, 05‑26‑04)
 

Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to the trial court.

Per Curiam Opinion [ pdf ]

(Justice Brister and Justice Willett not sitting)

   
04-0666
LORAM MAINTENANCE OF WAY, INC. v. DAVID IANNI; from El Paso County; 8th district (08‑02‑00049‑CV, 141 SW3d 722, 06‑30‑04)
 

The Court reverses the court of appeals' judgment and renders judgment.

Justice Green delivered the opinion of the Court [ pdf ]

Justice O'Neill delivered a concurring opinion, joined by Chief Justice Jefferson [ pdf ]

   
04-0692
GUIDEONE ELITE INSURANCE COMPANY F/K/A PREFERRED ABSTAINERS INSURANCE COMPANY v. FIELDER ROAD BAPTIST CHURCH; from Tarrant County; 2nd district (02‑02‑00231‑CV, 139 SW3d 384, 05‑20‑04)
motion to dismiss petition for review for lack of jurisdiction, and in the alternative, motion to strike evidence not part of the record denied
 

The Court affirms the court of appeals' judgment.

Justice Medina delivered the opinion of the Court, joined by Chief Justice Jefferson, Justice O'Neill, Justice Green, and Justice Johnson [ pdf ]

Justice Hecht delivered a concurring opinion, joined by Justice Wainwright, Justice Brister, and Justice Willett [ pdf ]

   
04-0730 CITY OF HOUSTON v. ALLCO, INC.; from Harris County; 1st district (01‑02‑00812‑CV, ___ SW3d ___, 07‑01‑04)
 

Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court.

Per Curiam Opinion [ pdf ]

(Justice Willett not sitting)

   
04-0813
CITY OF TYLER, TEXAS v. TIMOTHY L. BECK AND SUSAN G. BECK; from Smith County; 12th district (12‑03‑00170‑CV, ___ SW3d ___, 07‑14‑04)
 

Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to the trial court.

Per Curiam Opinion [ pdf ]

   
04-0879
CITY OF HOUSTON v. KENNETH S. JONES; from Harris County; 1st district (01‑03‑00831‑CV, ___ SW3d ___, 08‑19‑04)
 

Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to the trial court.

Per Curiam Opinion [ pdf ]

(Justice Willett not sitting)

   
04-0921
PHILIP P. SUDAN, JR. v. MARGARET DYE SUDAN, NOW KNOWN AS MAGGIE MACKENZIE; from Harris County; 14th district (14‑01‑00854‑CV, 145 SW3d 280, 06‑17‑04)
2 petitions
 

Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petitions for review and without hearing oral argument, the Court reverses the court of appeals' judgment and renders judgment.

Per Curiam Opinion [ pdf ]

   
04-0930 THE CITY OF HOUSTON v. DONALD CLARK; from Harris County; 14th district (14‑03‑00399‑CV, 142 SW3d 350, 02‑24‑04)
 

The Court reverses the court of appeals' judgment and remands the case to that court.

Justice O'Neill delivered the opinion of the Court [ pdf ]

   
04-1004
HOOVER SLOVACEK L.L.P., FORMERLY HOOVER, BAX & SLOVACEK, L.L.P. v. JOHN B. WALTON, JR.; from Winkler County; 8th district (08‑03‑00366‑CV, 149 SW3d 834, 10‑14‑04)
 

The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the trial court.

Chief Justice Jefferson delivered the opinion of the Court, joined by Justice O'Neill, Justice Wainwright, Justice Brister, Justice Green, and Justice Johnson [ pdf ]

Justice Hecht delivered a dissenting opinion, joined by Justice Medina and Justice Willett [ pdf ]

   
04-1021 THE CITY OF HOUSTON v. BOYER, INC.; from Harris County; 1st district (01‑04‑00153‑CV, ___ SW3d ___, 09‑30‑04)
 

Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to the trial court.

Per Curiam Opinion [ pdf ]

(Justice Willett not sitting)

   
04-1113 CITY OF WACO, TEXAS v. LARRY KELLEY; from McLennan County; 10th district (10‑03‑00214‑CV, ___ SW3d ___, 10‑29‑04)
 

Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court.

Per Curiam Opinion [ pdf ]

   
04-1139 PKG CONTRACTING, INC. v. CITY OF MESQUITE; from Dallas County; 5th district (05‑04‑00169‑CV, 148 SW3d 209, 09‑30‑04)
 

Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to the trial court.

Per Curiam Opinion [ pdf ]

(Justice Willett not sitting)

   
05-0038 IN RE OLGA PALACIOS; from Travis County; 3rd district (03‑04‑00630‑CV, ___ SW3d ___, 12‑02‑04)
 
   
05-0072
THOMAS O'DONNELL, EXECUTOR OF THE ESTATE OF CORWIN D. DENNEY v. PAUL H. SMITH, ET AL.; from Bexar County; 4th district (04‑04‑00108‑CV, ___ SW3d ___, 12‑15‑04)
 

Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court vacates the court of appeals' judgment and remands the case to that court.

Per Curiam Opinion [ pdf ]

(Justice Green not sitting)

   
05-0326 IN RE D. WILSON CONSTRUCTION COMPANY, ET AL.; from Cameron County; 13th district (13‑04‑00333‑CV, ___ SW3d ___, 02‑10‑05)
 

The Court conditionally grants the petition for writ of mandamus.

Justice Willett delivered the opinion of the Court, joined by Chief Justice Jefferson, Justice Hecht, Justice O'Neill, Justice Wainwright, Justice Medina, Justice Green, and Justice Johnson [ pdf ]

Justice Brister delivered a concurring opinion [ pdf ]

- consolidated with -
   
05-0327 
AMERICAN STANDARD AND THE TRANE COMPANY, ET AL. v. BROWNSVILLE INDEPENDENT SCHOOL DISTRICT; from Cameron County; 13th district (13‑04‑00184‑CV, ___ SW3d ___, 02‑10‑05)
 

The Court dismisses the petition for review as moot.

   
05-0414 COLUMBUS INDEPENDENT SCHOOL DISTRICT v. FIVE OAKS ACHIEVEMENT CENTER; from Austin County; 14th district (14‑04‑00129‑CV, 162 SW3d 812, 04‑21‑05)
 

Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to the trial court.

Per Curiam Opinion [ pdf ]

(Justice Willett not sitting)

   
05-0601 SISK UTILITIES, INC. v. CITY OF GREENVILLE, TEXAS; from Hunt County; 5th district (05‑04‑01079‑CV, 164 SW3d 931, 06‑15‑05)
 

Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to the trial court.

Per Curiam Opinion [ pdf ]

(Justice Willett not sitting)

   


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