THE SUPREME COURT OF TEXAS

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

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

(Justice Willett not sitting)

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

Justice Johnson delivered an opinion concurring in part and dissenting in part

Justice O'Neill delivered a dissenting opinion

(Justice Willett not sitting)

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

Justice Brister delivered a concurring opinion, joined by Justice Willett

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

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

(Justice Willett not sitting)

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

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

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

Justice Brister delivered a concurring opinion, joined by Chief Justice Jefferson

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

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

(Justice Brister and Justice Willett not sitting)

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

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

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

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

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

(Justice Willett not sitting)

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

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

(Justice Willett not sitting)

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

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

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

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

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

(Justice Willett not sitting)

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

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

(Justice Willett not sitting)

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

(Justice Green not sitting)

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

Justice Brister delivered a concurring opinion

- consolidated with -

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.

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

(Justice Willett not sitting)

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

(Justice Willett not sitting)

IN RE VESTA INSURANCE GROUP, INC., ET AL.; from Tarrant County; 2nd district (02‑03‑00307‑CV, ___ SW3d ___, 02‑02‑04)

- consolidated with -

IN RE JAMES E. TAIT; from Tarrant County; 2nd district (02‑03‑00307‑CV, ___ SW3d ___, 02‑02‑04)

- consolidated with -

IN RE JIMMY K. WALKER; from Tarrant County; 2nd district (02‑03‑00307‑CV, ___ SW3d ___, 02‑02‑04)

- consolidated with -

IN RE WILLIAM PERRY CRONIN; from Tarrant County; 2nd district (02‑03‑00307‑CV, ___ SW3d ___, 02‑02‑04)

- consolidated with -

IN RE NATIONAL BENEFIT ADVISORY ASSOCIATION, ET AL.; from Tarrant County; 2nd district (02‑03‑00307‑CV, ___ SW3d ___, 02‑02‑04)

THE CITY OF HOUSTON v. ROBERT JACKSON; from Harris County; 1st district (01‑02‑00879‑CV, 135 SW3d 891, 04‑01‑04)

KRISTIN TERK BELT AND KIMBERLY TERK MURPHY, JOINT INDEPENDENT EXECUTRIXES OF THE ESTATE OF DAVID B. TERK, DECEASED v. OPPENHEIMER, BLEND, HARRISON & TATE, INC., GLEN A. YALE, J. DAVID OPPENHEIMER AND KENNETH M. GINDY; from Bexar County; 4th district (04‑03‑00832‑CV, 141 SW3d 706, 06‑16‑04)

(Justice Green not sitting)

STEPHEN F. AUSTIN STATE UNIVERSITY v. DIANE FLYNN; from Nacogdoches County; 12th district (12‑03‑00240‑CV, ___ SW3d ___, 04‑30‑04)

[Note: The date and time for oral argument are yet to be determined.]

EL PASO HOSPITAL DISTRICT D/B/A R.E. THOMASON GENERAL HOSPITAL DISTRICT, ET AL. v. TEXAS HEALTH AND HUMAN SERVICES COMMISSION AND DON GILBERT, COMMISSIONER; from Travis County; 3rd district (03‑03‑00770‑CV, 161 SW3d 587, 01‑21‑05)

[Note: The date and time for oral argument are yet to be determined.]

KEITH A. BUTLER AND DEBBIE K. BUTLER v. CITY OF SAN ANTONIO; from Bexar County; 4th district (04‑02‑00811‑CV, 131 SW3d 170,  01‑14‑04)

(Chief Justice Jefferson, Justice Green, and Justice Willett not sitting)

WOLFGANG HIRCZY DE MIÑO, PH.D., INDIVIDUALLY AND ON BEHALF OF OTHERS SIMILARLY SITUATED v. THE UNIVERSITY OF HOUSTON; from Travis County; 3rd district (03‑03‑00311‑CV, ___ SW3d ___, 10‑14‑04)

(Justice Willett not sitting)

KOSTI SHIRVANIAN, ET AL. v. EARL E. DEFRATES, RODNEY PROTO, AND WASTE MANAGEMENT, INC.; from Harris County; 14th district (14‑02‑00447‑CV, ___ SW3d ___, 01‑08‑04)

(Justice O'Neill and Justice Brister not sitting)

DALLAS AREA RAPID TRANSIT v. JOYCE WILLIS; from Dallas County; 5th district (05‑04‑01712‑CV, 163 SW3d 814, 05‑10‑05)

J. W. REEVES, JR. AND EDDIE REEVES, D/B/A FLOORS BY REEVES BROTHERS v. CITY OF GREENVILLE, TEXAS; from Hunt County; 5th district (05‑04‑00740‑CV, 165 SW3d 920, 06‑29‑05)

(Justice Willett not sitting)

YOROSHII INVESTMENTS (MAURITIUS) PTE. LTD.; WELGAS HOLDINGS, LTD.; AND ENERGY INFRASTRUCTURE GROUP, LTD. v. BP INTERNATIONAL LTD. AND BP OIL INTERNATIONAL LTD.; from Dallas County; 8th district (08‑04‑00163‑CV, 179 SW3d 639, 09‑15‑05)

IN THE INTEREST OF C.A.Y., A CHILD; from Bexar County; 4th district (04‑05‑00302‑CV, ___ SW3d ___, 02‑01‑06)
motion to withdraw as counsel granted

MARK MONTANGE AND KIM MONTANGE v. ELDORA HAGELSTEIN AND CHRIS HAGELSTEIN; from Hamilton County; 10th district (10‑05‑00291‑CV, ___ SW3d ___, 03‑15‑06)

MR. AND MRS. MELVIN WILLMS v. AMERICAS TIRE CO., INC. AND FRED AND JIMMY WILSON D/B/A AMERICAS AUTOMOTIVE, AND THE STATE OF TEXAS; from Dallas County; 5th district (05‑05‑00591‑CV, ___ SW3d ___, 03‑28‑06)

ARTURO ADAME, ET AL., AND MARSHALL COLEMAN, ET AL. v. SCHOTT GLAS; from Brazoria County; 14th district (14‑04‑00560‑CV, 178 SW3d 307, 08‑16‑05)

ALAN WADE JOHNSON v. THOMAS ALSON DAVIS AND GARY L. JOHNSON; from Walker County; 14th district (14‑04‑00206‑CV, 178 SW3d 230, 07‑26‑05)

IN THE INTEREST OF BABY BOY R. A/K/A S.V.R., A CHILD; from Dallas County; 5th district (05‑04‑01437‑CV, ___ SW3d ___, 05‑22‑06)
motion for rehearing and clarification denied

IN RE OLGA PALACIOS; from Travis County; 3rd district (03‑04‑00630‑CV, ___ SW3d ___, 12‑02‑04)

Per Curiam Opinion

IN RE PATRICIA CABALLERO; from Dallas County; 5th district (05‑04‑00978‑CV, ___ SW3d ___, 02‑16‑05)

IN RE ADVENTIST HEALTH SYSTEMS/SUNBELT, INC. D/B/A HUGULEY MEMORIAL MEDICAL CENTER, ET AL.; from Tarrant County; 2nd district (02‑06‑00182‑CV, ___ SW3d ___, 05‑25‑06)
relator's motion for emergency stay denied

IN RE DONNA KLEIN; from Burnet County; 3rd district (03‑06‑00366‑CV, ___ SW3d ___, 06‑30‑06)
emergency motion for stay of temporary visitation order denied

IN RE RALPH EVANS

See Tex. R. App. P. 5.

IN RE SUZANNE C. SAPERSTEIN; from Harris County; 14th district (14‑05‑01154‑CV, ___ SW3d ___, 02‑06‑06)
motion to dismiss mandamus denied

[Note: The petition for writ of mandamus remains pending before this Court.]