August 29, 2008
– Weekly Orders –
| 04-0575 | COLUMBIA MEDICAL CENTER OF LAS COLINAS,
INC. D/B/A LAS COLINAS MEDICAL CENTER v. ATHENA HOGUE, INDIVIDUALLY AND
AS EXECUTRIX OF THE ESTATE OF ROBERT HOGUE, JR., DECEASED, CHRISTOPHER
HOGUE, AND ROBERT HOGUE, III; from Dallas County; 5th district (05‑03‑00279‑CV, 132 SW3d 671, 04‑13‑04) corrected opinion issued [pdf] (01/16/2009) |
The Court affirms in part and reverses in part the court of appeals' judgment. Justice Wainwright delivered the opinion of the Court, in which Chief Justice Jefferson, Justice O'Neill, Justice Brister, Justice Medina, Justice Johnson, and Justice Willett joined, and in Parts II-A, II-C, and II-D of which Justice Hecht and Justice Green joined. [pdf] Justice Brister delivered a concurring opinion, in which Justice Medina joined. [pdf] Justice Green delivered an opinion concurring in part and dissenting in part, in which Justice Hecht joined. [pdf] |
|
| 04-1049 | IN RE POLY-AMERICA, L.P., IND. AND D/B/A
POL-TEX INTERNATIONAL, AND POLY-AMERICA GP, L.L.C.; from Chambers County;
1st district (01‑03‑01055‑CV, 175 SW3d 315, 09‑09‑04) |
The Court conditionally grants the petition for writ of mandamus. Justice O'Neill delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice Wainwright, Justice Medina, Justice Green, and Justice Johnson joined. [pdf] Justice Brister delivered a dissenting opinion. [pdf] (Justice Willett not sitting) |
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| 05-0236 | THE STATE OF TEXAS v. J. GRADY BROWN,
JR.; from Denton County; 2nd district (02‑04‑00035‑CV, 158 SW3d 68, 01‑27‑05) |
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 Johnson delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice Wainwright, Justice Brister, Justice Medina, Justice Green, and Justice Willett joined. [pdf] Justice O'Neill delivered an opinion concurring in part and dissenting in part. [pdf] |
|
| 05-0466 | COASTAL OIL & GAS CORPORATION AND
COASTAL OIL &
GAS USA, L.P. v. GARZA ENERGY TRUST ET AL.; from Hidalgo County; 13th district
(13‑02‑00136‑CV, 166 SW3d 301, 05‑05‑05) |
The Court reverses the court of appeals' judgment, renders judgment in part, and remands the case to the trial court. Justice Hecht delivered the opinion of the Court, in which Justice Brister, Justice Green, Judge Christopher, and Justice Pemberton joined, and in all but Part II-B of which Chief Justice Jefferson, Justice Medina, Justice Johnson, and Justice Willett joined. [pdf] Justice Willett delivered a concurring opinion. [pdf] Justice Johnson delivered an opinion concurring in part and dissenting in part, in which Chief Justice Jefferson joined, and in Part I of which Justice Medina joined. [pdf] (Judge Tracy Christopher and Justice Robert Pemberton sitting by appointment pursuant to section 22.005 of the Texas Government Code) (Justice O'Neill and Justice Wainwright not sitting) |
|
| 05-0653 | GILBERT KERLIN, INDIVIDUALLY, GILBERT
KERLIN, TRUSTEE, WINDWARD OIL & GAS CORP., AND PI CORP. v. CONCEPCION
SAUCEDA, ET AL.; from Cameron County; 13th district (13‑01‑00062‑CV, 164 SW3d 892, 06‑09‑05) petitioners' motion to consolidate dismissed as moot |
The Court reverses the court of appeals' judgment and renders judgment. Justice O'Neill delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Wainwright, Justice Medina, Justice Green, and Justice Johnson joined. [pdf] Justice Brister delivered a concurring opinion, in which Justice Hecht, Justice Medina, and Justice Willett joined. [pdf] The Court's opinion of August 29, 2008 is withdrawn and the opinion of this date (10/10/2008) is issued. [pdf] The concurring opinion by Justice Brister and the judgment, issued August 29, 2008, remain in place. |
|
| 05-0892 | IN RE MCALLEN MEDICAL CENTER, INC., D/B/A MCALLEN MEDICAL
CENTER AND UNIVERSAL HEALTH SERVICES, INC.; from Hidalgo County; 13th district
(13‑05‑00441‑CV, ___ SW3d ___, 10‑05‑05) real parties in interest's motion for oral argument denied corrected opinion issued [pdf] |
| 06-0178 | FOREST OIL CORPORATION AND DANIEL B. WORDEN v. JAMES
ARGYLE MCALLEN, EL RUCIO LAND AND CATTLE COMPANY, INC., SAN JUANITO LAND
PARTNERSHIP, AND MCALLEN TRUST PARTNERSHIP; from Hidalgo County; 13th district
(13‑05‑00419‑CV, ___ SW3d ___, 12‑15‑05) stay order issued November 2, 2007, lifted |
The Court reverses the court of appeals' judgment and remands the case to the trial court. Justice Willett delivered the opinion of the Court, in which Justice Hecht, Justice O'Neill, Justice Wainwright, Justice Brister, Justice Green, and Justice Johnson joined. [pdf] Chief Justice Jefferson delivered a dissenting opinion, in which Justice Medina joined. [pdf] |
|
| 06-0247 | ULICO CASUALTY COMPANY v. ALLIED PILOTS ASSOCIATION;
from Tarrant County; 2nd district (02‑04‑00120‑CV, 187 SW3d 91, 12‑15‑05) |
The Court reverses the court of appeals' judgment and renders judgment. Justice Johnson delivered the opinion of the Court. [pdf] Chief Justice Jefferson delivered a concurring opinion, in which Justice O'Neill joined. [pdf] |
|
| 06-0491 | IN RE BAYLOR MEDICAL CENTER AT GARLAND; from Dallas
County; 5th district (05‑05‑01663‑CV, ___ SW3d ___, 01‑04‑06) abatement order issued stay order issued |
The Court abates this cause pursuant to Texas Rule of Appellate Procedure 7.2. Justice Brister delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice O'Neill, Justice Wainwright, Justice Green, Justice Medina, and Justice Willett joined. [pdf] Justice Johnson delivered a dissenting opinion. [pdf] |
|
| 06-0904 | GUITAR HOLDING COMPANY, L.P. v. HUDSPETH COUNTY UNDERGROUND
WATER CONSERVATION DISTRICT NO. 1, ET AL.; from Hudspeth County; 8th district
(08‑04‑00296‑CV&08‑05‑00115‑CV, 209 SW3d 172, 08‑31‑06) 3 motions for rehearing judgment issued March 30, 2008, withdrawn corrected judgment issued |
| 06-1030 | ZURICH AMERICAN INSURANCE COMPANY, FEDERAL INSURANCE
COMPANY, AND NATIONAL UNION FIRE INSURANCE COMPANY v. NOKIA, INCORPORATED;
from Dallas County; 5th district (05‑04‑01729‑CV, 202 SW3d 384, 08‑21‑06) |
The Court modifies the court of appeals' judgment and affirms that judgment as modified. Chief Justice Jefferson delivered the opinion of the Court, in which Justice O'Neill, Justice Wainwright, Justice Medina, Justice Green, Justice Johnson, and Justice Willett joined. [pdf] Justice Hecht delivered a dissenting opinion, in which Justice Brister joined. [pdf] |
|
| 06-1040 | FEDERAL INSURANCE COMPANY v. SAMSUNG ELECTRONICS AMERICA,
SAMSUNG TELECOMMUNICATIONS AMERICA, L.P. F/K/A SAMSUNG TELECOMMUNICATIONS
AMERICA, INC. AND SAMSUNG ELECTRONICS CO., LTD.; from Dallas County; 5th
district (05‑04‑01316‑CV, 202 SW3d 372, 08‑21‑06) |
The Court affirms the court of appeals' judgment. Chief Justice Jefferson delivered the opinion of the Court, in which Justice O'Neill, Justice Wainwright, Justice Medina, Justice Green, Justice Johnson, and Justice Willett joined. [pdf] Justice Hecht delivered a dissenting opinion, in which Justice Brister joined. [pdf] |
|
| 07-0085 | BROOKSHIRE GROCERY COMPANY v. BARBARA GOSS; from Wood
County; 6th district (06‑05‑00036‑CV, 208 SW3d 706, 11‑20‑06) |
| 07-0091 | TRAMMELL CROW CENTRAL TEXAS, LTD. v. MARIA GUTIERREZ,
INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF LUIS GUTIERREZ; AND KAROL
FERMAN AS NATURAL PARENT AND AS NEXT FRIEND OF LUIS ANGEL GUTIERREZ; from
Bexar County; 4th district (04‑05‑00056‑CV, 220 SW3d 33, 12‑20‑06) |
The Court reverses the court of appeals' judgment and renders judgment. Justice Willett delivered the opinion of the Court, in which Justice O'Neill, Justice Wainwright, Justice Medina, and Justice Green joined. [pdf] Chief Justice Jefferson delivered a concurring opinion, in which Justice Hecht, Justice Brister, and Justice Johnson joined. [pdf] |
|
| 07-0140 | TRINITY UNIVERSAL INSURANCE COMPANY v. CELLULAR ONE
GROUP; from Dallas County; 5th district (05‑04‑01641‑CV, ___ SW3d ___, 01‑09‑07) |
The Court affirms the court of appeals' judgment. Chief Justice Jefferson delivered the opinion of the Court, in which Justice O'Neill, Justice Wainwright, Justice Medina, Justice Green, Justice Johnson, and Justice Willett joined. [pdf] Justice Hecht delivered a dissenting opinion, in which Justice Brister joined. [pdf] |
|
| 07-0147 | IN RE CALLA DAVIS, MELVIN HURST III, AND ANN B. HEARN;
5th district (05‑07‑00198‑CV, ___ SW3d ___, 02‑22‑07) motion to strike response to mandamus, as amended, denied |
| 07-0639 | DON'S BUILDING SUPPLY, INC. v. ONEBEACON INSURANCE COMPANY,
AS ASSIGNEE OF POTOMAC INSURANCE COMPANY OF ILLINOIS |
| 07-0682 | UNIFUND CCR PARTNERS v. KENNETH F. WEAVER; from McLennan
County; 10th district (10‑06‑00207‑CV, 231 SW3d 441, 07‑11‑07) |
| 07-0698 | IN THE INTEREST OF M.N., A CHILD; from Taylor County;
11th district (11‑06‑00228‑CV, 230 SW3d 248, 05‑10‑07) |
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 remands the case to that court. Justice Johnson delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice O'Neill, Justice Wainwright, Justice Brister, Justice Medina, and Justice Green joined. [pdf] Justice Willett delivered a dissenting opinion. [pdf] |
|
| 07-0959 | IN RE SIMON KIBERU AND HARRIS METHODIST H-E-B HOSPITAL;
from Tarrant County; 2nd district (02‑07‑00312‑CV, 237 SW3d 445, 11‑01‑07) stay order issued November 30, 2007, lifted |
| 08-0009 | MIKE BISMAR, M.D. v. DOROTHY A. MOREHEAD, VAUGHN R.
MOREHEAD AND JAMES P. MOREHEAD, III, INDIVIDUALLY AND AS HEIRS AT LAW OF
GLORIA MOREHEAD, DECEASED; from Tarrant County; 2nd district (02‑07‑00360‑CV, ___ SW3d ___, 11‑29‑07) |
| 08-0380 | IN THE INTEREST OF G.B., P.B., N.B., AND V.R., CHILDREN;
from Washington County; 1st district (01‑07‑00699‑CV, ___ SW3d ___, 04‑03‑08) |
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