The Supreme Court of Texas | Orders & Opinions - 05/27/2005

Orders & Opinions

The Supreme Court of Texas



May 27, 2005

–  Weekly Orders  –

02-0701
CARL J. BATTAGLIA, M.D., P.A., AND TOMMY A. POLK, M.D., P.A. v. LISA JONES ALEXANDER, INDIVIDUALLY AND AS NATURAL REPRESENTATIVE OF THE ESTATE OF MARK G. ALEXANDER, DECEASED, JAMES ALEXANDER, INDIVIDUALLY, AND RUBY ALEXANDER, INDIVIDUALLY; from Harris County; 14th district (14‑00‑00428‑CV, 93 SW3d 132, 04‑25‑02)
respondent's motion to dismiss as improvidently granted, denied
   
 
The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the trial court.

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

Justice Brister delivered an opinion concurring in part and dissenting in part, joined by Chief Justice Jefferson and Justice O'Neill [ pdf ]

   
02-0730
EXCESS UNDERWRITERS AT LLOYD'S, LONDON AND CERTAIN COMPANIES SUBSCRIBING SEVERALLY BUT NOT JOINTLY TO POLICY NO. 548/TA4011F01 v. FRANK'S CASING CREW & RENTAL TOOLS, INC.; from Harris County; 14th district (14‑01‑00349‑CV, 93 SW3d 178, 06‑27‑02)
 

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

Justice Owen delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice Medina, and Justice Green joined, and in which Justice O'Neill joined as to Part I and Part II, C and D, and Justice Wainwright joined as to Part II, C [ pdf ]

Justice Hecht delivered a concurring opinion [ pdf ]

Justice O'Neill delivered a concurring opinion [ pdf ]

Justice Wainwright delivered a concurring opinion [ pdf ]

(Justice Brister and Justice Johnson not sitting)

   
03-0497
DOLORES ROMERO, ET AL. v. KPH CONSOLIDATION, INC. D/B/A COLUMBIA KINGWOOD MEDICAL CENTER; from Harris County; 14th district (14‑00‑01177‑CV, 102 SW3d 135, 01‑09‑03)
 

The Court affirms the court of appeals' judgment.

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

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

(Justice Brister and Justice Johnson not sitting)

   
03-0784
PETER C. BROWNING, ET AL. v. JEFF P. PROSTOK, ET AL.; from Dallas County; 5th district (05‑99‑00826‑CV, 112 SW3d 876, 08‑11‑03)
New NGC's motion to strike tab B in support of respondents' brief on the merits, denied
 

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

Justice Wainwright delivered the opinion of the Court [ pdf ]

(Justice O'Neill not sitting)

   
03-1123
VAN INDEPENDENT SCHOOL DISTRICT v. SCOTT A. MCCARTY; from Van Zandt County; 12th district (12‑03‑00007‑CV, ___ SW3d ___, 09‑24‑03)
 


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.

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

Justice O'Neill delivered a dissenting opinion [ pdf ]

(Justice Johnson not sitting)

   
03-1154
RUSSELL POWELL v. HONORABLE JUDGE EARL STOVER, III; from Hardin County; 9th district (09‑03‑00394‑CV, 121 SW3d 846, 11‑06‑03)
rule 53.4, T.R.A.P. motion dismissed as moot
 


Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus.

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

   
03-1200
MATAGORDA COUNTY APPRAISAL DISTRICT v. COASTAL LIQUIDS PARTNERS, L.P.; from Matagorda County; 13th district (13‑02‑00237‑CV, 118 SW3d 464, 08‑29‑03)
 


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

Justice Brister delivered the opinion of the Court [ pdf ]

   
04-0016
MICHIANA EASY LIVIN' COUNTRY, INC., D/B/A MICHIANA R.V. v. JAMES G. HOLTEN; from Harris County; 1st district (01‑02‑00439‑CV, 127 SW3d 89, 10‑09‑03)
petitioner's motion to substitute counsel granted
 


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

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

Justice Medina delivered a dissenting opinion, joined by Justice O'Neill [ pdf ]

(Justice Wainwright and Justice Johnson not sitting)

   
04-0074
FROST NATIONAL BANK v. L&F DISTRIBUTORS, LTD.; from Hidalgo County; 13th district (13‑02‑00488‑CV, 122 SW3d 922, 12‑11‑03)
 


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, renders judgment in part, and remands the case to the trial court.

Per Curiam Opinion [ pdf ]

   
04-0360
IN RE NEXION HEALTH AT HUMBLE, INC. D/B/A HUMBLE HEALTHCARE CENTER; from Harris County; 14th district (14‑03‑01359‑CV, ___ SW3d ___, 03‑11‑04)
 


Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus.

Per Curiam Opinion [ pdf ]

   
04-1044 IN RE JIM GAWERC; from Harris County; 1st district (01‑04‑01179‑CV, ___ SW3d ___, 11‑18‑04)
 


Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court grants the petition for writ of habeas corpus and orders relator discharged.

Per Curiam Opinion [ pdf ]

   
05-0374
IN RE FORD MOTOR COMPANY; from Hidalgo County; 13th district (13‑05‑00303‑CV, ___ SW3d ___, 05‑11‑05)
stay order issued May 13, 2005, lifted
 


Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus.

Per Curiam Opinion [ pdf ]



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