Orders & Opinions

UNAUTHORIZED PRACTICE OF LAW COMMITTEE v. AMERICAN HOME ASSURANCE COMPANY, INC. AND THE TRAVELERS INDEMNITY COMPANY; from Dallas County; 11th district (11‑02‑00212‑CV, 121 SW3d 831, 11‑06‑03)

The Court modifies the court of appeals' judgment and affirms that judgment as modified.

Justice Hecht delivered the opinion of the Court, in which Chief Justice Jefferson, Justice O'Neill, Justice Wainwright, Justice Brister, Justice Medina, and Justice Willett joined. [pdf]

Justice Johnson delivered a dissenting opinion, in which Justice Green joined. [pdf]

COUNTY OF DALLAS v. CHRISTOPHER SHAWN SEMPE AND CARL RAYMOND SEMPE, SOLE HEIRS OF CHARLES RAY SEMPE; from Dallas County; 5th district (05‑03‑01603‑CV, 151 SW3d 291, 12‑07‑04)

The Court withdraws its order of May 26, 2006, granting the petition for review, as the petition was improvidently granted. The petition for review is dismissed for want of jurisdiction.

Per Curiam Opinion [pdf]

CARL R. PRUETT AND NATIONAL AMERICAN INSURANCE COMPANY v. HARRIS COUNTY BAIL BOND BOARD, ET AL.; from Harris County; 1st district (01‑02‑01043‑CV, 177 SW3d 260, 03‑10‑05)

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

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

MISSION CONSOLIDATED INDEPENDENT SCHOOL DISTRICT v. GLORIA GARCIA; from Hidalgo County; 13th district (13‑04‑00668‑CV, ___ SW3d ___, 06‑30‑05)

– consolidated with –

MISSION CONSOLIDATED INDEPENDENT SCHOOL DISTRICT v. MELINDA SOTUYO; from Hidalgo County; 13th district (13‑05‑00021‑CV, ___ SW3d ___, 06‑30‑05)

– consolidated with –

MISSION CONSOLIDATED INDEPENDENT SCHOOL DISTRICT v. DEBORAH MEDINA; from Hidalgo County; 13th district (13‑05‑00060‑CV, ___ SW3d ___, 06‑30‑05)

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

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

NATIONWIDE INSURANCE COMPANY v. MOHAMAD ELCHEHIMI, INDIVIDUALLY AND AS PARENT AND NEXT FRIEND OF KHALED ELCHEHIMI AND LUKMAN ELCHEHIMI, MINORS; from Ellis County; 10th district (10‑04‑00298‑CV, 183 SW3d 833, 12‑28‑05)

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 renders judgment.

Justice Wainwright delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice Brister, Justice Green, Justice Johnson, and Justice Willett joined. [pdf]

Justice O'Neill delivered a dissenting opinion, in which Justice Medina joined. [pdf]

WILLIAM CHU v. CHONG HUI HONG; from Tarrant County; 2nd district (02‑04‑00279‑CV, 185 SW3d 507, 10‑20‑05)

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

Justice Brister delivered the opinion of the Court. [pdf]

JIM LOWENBERG, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED v. CITY OF DALLAS; from Dallas County; 11th district (11‑03‑00061‑CV, 187 SW3d 777, 03‑01‑06)

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 renders judgment.

Per Curiam Opinion [pdf]

OWENS & MINOR, INC. AND OWENS & MINOR MEDICAL, INC. v. ANSELL HEALTHCARE PRODUCTS, INC. AND BECTON, DICKINSON AND COMPANY
motion to consolidate denied

The Court answers the question certified by the United States Court of Appeals for the Fifth Circuit.

Justice Green delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice Wainwright, and Justice Brister joined. [pdf]

Justice Brister delivered a concurring opinion. [pdf]

Justice O'Neill delivered a dissenting opinion, in which Justice Medina, Justice Johnson, and Justice Willett joined. [pdf]

IN RE JACK JORDEN, M.D., ET AL.; from Smith County; 12th district (12‑06‑00040‑CV, 191 SW3d 483, 04‑27‑06)
relators' joint motion for emergency temporary relief dismissed as moot

The Court conditionally grants the petition for writ of mandamus.

Justice Brister delivered the opinion of the Court. [pdf]

Justice O'Neill delivered a concurring opinion. [pdf]

TREND OFFSET PRINTING SERVICES, INC. v. COLLIN COUNTY COMMUNITY COLLEGE DISTRICT; from Collin County; 5th district (05‑05‑00456‑CV, ___ SW3d ___, 04‑27‑06)

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]

CITY OF DALLAS v. DWIGHT DEQUIRE, MICHAEL FELINI, TERRANCE HOPKINS AND LEROY QUIGG; from Dallas County; 5th district (05‑04‑01865‑CV, 192 SW3d 663, 04‑18‑06)

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]

NEW TEXAS AUTO AUCTION SERVICES, L.P. D/B/A BIG H AUTO AUCTION v. GRACIELA GOMEZ DE HERNANDEZ, ET AL.; from Hidalgo County; 13th district (13‑03‑00728‑CV, 193 SW3d 220, 04‑06‑06)

The Court reverses the court of appeals' judgment and reinstates the trial court's judgment.

Justice Brister delivered the opinion of the Court. [pdf]

20801, INC. v. JOHN L. PARKER; from Harris County; 14th district (14‑05‑00250‑CV, 194 SW3d 556, 04‑11‑06)

The Court 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. [pdf]

IN RE EDUARDO "WALO" GRACIA BAZAN; from Hidalgo County; 13th district (13‑06‑00616‑CR, ___ SW3d ___, 11‑01‑06)
stay order issued November 30, 2006, lifted

The Court denies the petition for writ of mandamus.

Justice Medina delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice O'Neill, Justice Wainwright, Justice Brister, Justice Green, and Justice Johnson joined. [pdf]

Justice Willett delivered a concurring opinion. [pdf]

GENEVIA BUSHNELL AND DEWARD RAYMOND (D.R.) BUSHNELL v. JANET MOTT; from Gillespie County; 4th district (04‑05‑00846‑CV, ___ SW3d ___, 09‑13‑06)

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]

CITY OF CORSICANA, TEXAS v. PATRICK STEWART SR. AND SENTRIA WHITFIELD, INDIVIDUALLY AND AS HEIRS TO THE ESTATES OF PATRICK STEWART JR. AND BROOKE STEWART; from Navarro County; 10th district (10‑06‑00044‑CV, 211 SW3d 844, 12‑06‑06)

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 dismisses the case for want of jurisdiction.

Per Curiam Opinion [pdf]

HELEN O'NEAL v. ECTOR COUNTY INDEPENDENT SCHOOL DISTRICT; from Travis County; 11th district (11‑06‑00013‑CV, 221 SW3d 286, 11‑09‑06)

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

Per Curiam Opinion [pdf]

NADINE HAMILTON, NEE NADINE LAMBERT v. SELMA P. WILSON, M.D.; from Lubbock County; 7th district (07‑06‑00071‑CV, ___ SW3d ___, 11‑01‑06)

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]

W. GENE MURFF, M.D. AND MURFF-WANG-MOORE ASSOCIATES, P.A. v. WANDA KAYE PASS, AS NEXT FRIEND OF LESLIE LEANN PASS, A MINOR; from McLennan County; 10th district (10‑06‑00162‑CV, ___ SW3d ___, 02‑28‑07)

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 renders judgment.

Per Curiam Opinion [pdf]

ANA MARIA TARQUIS ALFONSO v. MICHAEL SKADDEN; from Harris County; 14th district (14‑05‑00489‑CV&14‑05‑00488‑CV, ___ SW3d ___, 03‑06‑07)
motion to strike reply brief dismissed as moot

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 renders judgment.

Per Curiam Opinion [pdf]