Texas state seal

THE SUPREME COURT OF TEXAS

Orders Pronounced December 30, 1999

 

ORDERS ON PETITIONS FOR REVIEW



THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

99-0370 ADOLPHUS FOREMAN, M.D., DAVID R. DAMIAN, M.D., GERALD L. BULLOCK, M.D., and DONALD SMITH, M.D. v. JAMES W. TAYLOR and ALTHEA PEARL TAYLOR, individually and on behalf of the ESTATE OF PATRICIA A. PLASTER, and as next friends of P. K. P., B. M. P., M. S. P. and M. N., minor children; from Montgomery County; 09th district (09-97-00230-CV, RULE 47.7, 03-11-99)

 

99-0883 DON D. BECKER v. MARY FRANCES HEAFNER; from Harris County; 14th district (14-97-00676-CV, RULE 47.7, 07-08-99)

 

99-0909 RUTH RAYNER v. ANGEL VASQUEZ and DORICELYS MARTINEZ; from Dallas County; 05th district (05-99-00812-CV, RULE 47.7, 05-27-99)

 

99-0922 CHARLES LANDRUM v. DALLAS DART BUS SYSTEM; from Dallas County; 05th district (05-99-00803-CV, RULE 47.7, 08-11-99)

(Justice Enoch not sitting)

 

99-1065 DANNY BLASS and CATHY BLASS, individually and in their capacity as joint administrators of THE ESTATE OF AARON BLASS, deceased v. HANOVER AMERICAN INSURANCE COMPANY and HANOVER INSURANCE COMPANY; from Williamson County; 03rd district (03-98-00657-CV, RULE 47.7, 09-10-99)

 

99-1076 ROBERT STEPHEN GRAYSON, D.O., TURUVEKERE H. JAYARAM, M.D., TURUVEKERE H. JAYARAM, M.D., P.A. v. MARGARET E. TIBBETTS; from Harris County; 14th district (14-98-00843-CV, ___ SW2D ___, 09-09-99)

 

99-1085 LANE EXPRESS, INC. v. NATIONAL CASUALTY COMPANY; from Dallas County; 05th district (05-96-00444-CV, ___ SW2D ___, 04-16-99)

 

99-1098 WAYMAN HENRY CHUNN, III and CYBERSTAR USA, INC. d/b/a SOFTWARE DYNAMICS CORPORATION v. LINDA LEE CHUNN; from Fort Bend County; 01st district (01-95-00202-CV, RULE 47.7, 08-19-99)

 

99-1143 CARL MASSEY v. U-HAUL CO. OF TEXAS and ROBERT VESPA; from Harris County; 01st district (01-97-01422-CV, RULE 47.7, 08-31-99)



ORDERS ON MOTIONS

THE FOLLOWING MOTIONS FOR REHEARING OF PETITIONS FOR REVIEW ARE OVERRULED:

 

99-0799 BENEFIT LIFE INSURANCE COMPANY v. BOBBY MIZELL; from Gregg County; 12th district (12-97-00447-CV, ___ SW2D ___, 03-30-99)

 

99-0863 JOSEPH BELL v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE - INSTITUTIONAL DIVISION, et al.; from Walker County; 14th district (14-97-00448-CV, ___ SW2D ___, 01-15-98)

 

99-0869 BILLY COPELAND v. TAMMY ALSOBROOK, ET AL.; from Bexar County; 04th district (04-98-00155-CV, ___ SW2D ___, 06-02-99)
as corrected

 

99-0891 VAN DARDIS and DANNA RENEE DARDIS v. TURBINES, INC.; from Lubbock County; 07th district (07-97-00388-CV, 1 SW3D 726, 07-30-99)



THE FOLLOWING MOTIONS FOR REHEARING OF PETITIONS FOR WRIT OF MANDAMUS ARE OVERRULED:


99-1026 IN RE ERIC BOHL, individually and d/b/a NORTHPARK MEDICAL SUPPLY

 

99-1067 IN RE RIO GRANDE VALLEY GAS COMPANY and SOUTHERN UNION GAS COMPANY
as supplemented



THE MOTION TO STAY MANDATE IN THE FOLLOWING CASE IS DISMISSED AS MOOT:


99-0215 BETTY ANN NEWBY v. THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, WASHINGTON, D. C., LEON POPE, POPE & ASSOCIATES, and DONNA BROWNING; from Hutchinson County; 07th district (07-97-00186-CV, RULE 47.7, 11-30-99)



THE REAL PARTY IN INTEREST'S MOTION TO EXPEDITE IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS OVERRULED:


99-0500 IN RE DAISY MANUFACTURING COMPANY, INC.

[NOTE: The petition for writ of mandamus remains pending before the Court.]



THE MOTION FOR LEAVE TO FILE PETITION FOR REVIEW IN EXCESS OF LENGTH RESTRICTIOINS IN THE FOLLOWING CASE IS OVERRULED:


99-1300 BALTASAR D. CRUZ v. SCHELL, BEENE & VAUGHAN, REBECCA B. FISHER, JOHN K. VAUGHAN, R. MICHAEL BEENE and RUSSELL W. SCHELL; from Dallas County; 11th district (11-98-00075-CV, RULE 47.7, 08-05-99)

Petitioner's motion for leave to exceed page limits is overruled. Petitioner is ordered to redraw the received petition in accordance with Tex. R. App. P. 9.4(c), 9.4(e) & 53.6; the redrawn petition is due to be filed no later than January 13, 2000. See Tex. R. App. P. 9.4(i), 53.9.



THE MOTION TO CONSOLIDATE THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS IS GRANTED:


99-1307 IN RE THE COUNTY OF JIM WELLS

- consolidated with -

99-1268 IN RE TERRY A. CANALES

[NOTE: The petitions for writ of mandamus remain pending before the Court.]


MISCELLANEOUS

THE FOLLOWING APPEAL IS ABATED PURSUANT TO BANKRUPTCY:


99-1122 ODIS D. JENKINS, II and CLARICE B. GOLIGHTLY-JENKINS v. REDLAND SPRINGS HOMEOWNERS ASSOCIATION; from Bexar County; 04th district (04-98-00255-CV, RULE 47.7, 04-14-99)
motion to abate granted

The Court abates the appeal because of the bankruptcy of the petitioners. The petition for review is removed from the Court's active docket; it will be reinstated only upon proper motion. See Tex. R. App. P. 8.2, 8.3.





THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:


99-1188 IN RE PETER TSAI and LONZAR DELWARE, INC.


THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS STRUCK PURSUANT TO RULE 9.4(i), TEXAS RULES OF APPELLATE PROCEDURE:


99-1298 IN RE CURTIS BLANCHARD, independent executor of the ESTATE OF OLLIE BLANCHARD

The Court strikes the relator's petition for writ of mandamus because its margins and typeface do not comply with Tex. R. App. P. 9.4(c) & 9.4(e). Relator is ordered to redraw; the redrawn petition is due to be filed no later than January 13, 2000. See Tex. R. App. P. 9.4(i).



THE FOLLOWING PETITION FOR WRIT OF HABEAS CORPUS IS DENIED:


99-1295 IN RE MICHAEL LITTLE
motion for temporary relief overruled



THE FOLLOWING ORDER IS ISSUED:


All causes, petitions for review, applications for writ of error, motions and other matters filed and to be filed and not finally disposed of during this term of court are continued to the next term of court.