THE SUPREME COURT OF TEXAS
Orders Pronounced April 17, 2003
Orders Pronounced April 17, 2003
02-0177 DALLAS AREA RAPID TRANSIT v. HAROLD WHITLEY; from Dallas County; 5th district (05-00-01167-CV, 66 SW3d 472, 12-18-01)
The Court reverses the court of appeals' judgment and dismisses the case for lack of subject matter jurisdiction.
Opinion of the Court by Chief Justice Phillips, joined by Justice Hecht, Justice Owen, Justice O'Neill, Justice Jefferson, Justice Schneider, Justice Smith, and Justice Wainwright
(Justice Enoch not sitting)
02-0479 TEXAS DEPARTMENT OF CRIMINAL JUSTICE v. BRIAN EDWARD
SIMONS; from Polk County; 9th district (09-01-00551-CV, 74 SW3d 138, 04-11-02)
Time allotted to argue: 20/20 minutes
[Note: The date and time for oral argument is yet to be determined.]
02-0566 DIAMOND SHAMROCK REFINING CO., L.P., DIAMOND SHAMROCK
REFINING AND MARKETING CO., DIAMOND SHAMROCK, INC.,
SIGMOR CORP., AND ULTRAMAR DIAMOND SHAMROCK CORP. v.
DONNA HALL; from Bexar County; 4th district (04-99-00370-CV, 82 SW3d 5,
06-27-01)
2 petitions
Time allotted to argue: 20/20 minutes
[Note: The date and time for oral argument is yet to be determined.]
02-0670 GEORGE E. CIRE, JR., MARTHA K. ADAMS AND TAYLOR & CIRE v.
CARLA ROBERSON CUMMINGS; from Harris County; 7th district
(07-00-00143-CV, 74 SW3d 920, 04-23-02)
2 petitions
Time allotted to argue: 20/20 minutes
[Note: The date and time for oral argument is yet to be determined.]
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE SET FOR ORAL ARGUMENT:
02-0665 IN RE DOSKOCIL MANUFACTURING COMPANY, INC.
02-0671 IN RE DOSKOCIL MANUFACTURING COMPANY, INC.
[Note: The date and time for oral argument is yet to be determined.]
02-0903 ROGER D. BELLOWS, INDIVIDUALLY AND D/B/A R. D. BELLOWS LAW OFFICES v. RAQUEL SAN MIGUEL; from Harris County; 14th district (14-00-00071-CV, ___ SW3d ___, 05-02-02)
02-0939 ANTHONY RICHARD KUCIEMBA AND DOROTHY KUCIEMBA v. ILABEN M. PATEL, INDIVIDUALLY, MANILA CORPORATION AND DAS INVESTMENT CORPORATION; from Harris County; 13th district (13-00-00647-CV, 82 SW3d 589, 05-23-02)
02-0979 NEUROBEHAVIORAL ASSOCIATES, P.A. v. CYPRESS CREEK HOSPITAL, INC.; from Harris County; 1st district (01-00-01330-CV, RULE 47.7, 05-30-02)
(Justice Schneider not sitting)
02-0987 WESTERN ORGANICS, INC. v. TRI-STATE CHEMICALS, INC.; from Potter County; 7th district (07-01-00328-CV, 83 SW3d 189, 06-07-02)
02-1018 TED R. HOWELL (DECEASED, SEPTEMBER 24, 1999, WILLIAM R.
HOWELL, EXECUTOR), CHARLES BEN HOWELL, INDIVIDUALLY AND
AS ADMINISTRATOR OF THE ESTATE OF FREDERICK LANE HOWELL,
AND ON BEHALF OF J. MAXINE LARSON (DECEASED, SEPTEMBER 22,
2001, KEITH LARSON, ADMINISTRATOR v. HILTON HOTELS
CORPORATION AND STANLEY WADSWORTH; from Fort Bend County; 1st
district (01-00-00475-CV, 84 SW3d 708, 07-18-02)
as redrafted
02-1042 IN THE INTEREST OF J.G. AND D.G., CHILDREN (IN THE INTEREST OF
F.R., JR., ET AL., CHILDREN); from Dallas County; 5th district (05-01-01793-CV,
RULE 47.7, 09-27-02)
02-1172 CITY OF WICHITA FALLS, TEXAS v. REPUBLIC INSURANCE COMPANY; from Dallas County; 5th district (05-02-00549-CV, RULE 47.7, 09-24-02)
03-0006 BROOKS COUNTY DEPUTY SHERIFF, BETO GONZALEZ v. JOSE ARMANDO SAENZ, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF GRACIELA SAENZ, DECEASED, ET AL; from Brooks County; 4th district (04-01-00804-CV, 94 SW3d 659, 10-09-02)
03-0015 CHUCK WARD v. CHUCK AND DIANE MALONE; from Nueces County; 13th district (13-01-00813-CV, RULE 47.7, 10-10-02)
03-0034 MARIA RENTERIA, INDIVIDUALLY AND ON BEHALF OF JESUS RENTERIA, A MINOR CHILD v. HOUSING AUTHORITY OF THE CITY OF EL PASO, TEXAS; from El Paso County; 8th district (08-01-00331-CV, 96 SW3d 454, 09-26-02)
03-0046 JESSIE L. HALL v. ALDINE INDEPENDENT SCHOOL DISTRICT AND HARRIS COUNTY, TEXAS; from Harris County; 1st district (01-01-01005-CV, 95 SW3d 485, 11-27-02)
(Justice Schneider not sitting)
03-0051 MICHAEL COOK v. JANET SHEN; from Dallas County; 5th district (05-02-01682-CV, RULE 47.7, 01-07-03)
03-0066 FIRST RIVER PLACE RESERVE, LTD., SIERRA DEVELOPMENT CORPORATION, AND TEXAS HIGHLANDS, INC. v. DON COX D/B/A THE DON COX COMPANY; from Travis County; 3rd district (03-01-00601-CV, RULE 47.7, 10-31-02)
03-0081 RICHARD E. FINLAN AND DAVID VENABLE v. DALLAS INDEPENDENT SCHOOL DISTRICT, SANDY KRESS SCHWARTZ & EICHELBAUM, P.C., LEONARD SCHWARTZ, DENNIS EICHELBAUM, MARVIN EDWARDS, RENE CASTILLA, TRINI GARZA, HOLLIS BRASHEAR, KATHLYN GILLIAM, AND YVONNE EWELL; from Dallas County; 11th district (11-00-00302-CV, 90 SW3d 395, 10-24-02)
03-0094 HAROLD CLAYTON BLETSCH v. BETH BEHRMANN BLETSCH; from Wise County; 2nd district (02-01-00251-CV, RULE 47.7, 11-07-02)
03-0097 LAVONDA GRAY, INDIVIDUALLY AND AS SURVIVING PARENT OF LABRODERICK GRAY v. CITY OF GALVESTON AND COUNTY OF GALVESTON; from Galveston County; 14th district (14-02-00903-CV, 93 SW3d 587, 11-21-02)
03-0101 WALGREEN CO. AND MIKE TIMPE v. SUZANNE RIDNER AND MARCUS RIDNER; from Dallas County; 8th district (08-02-00277-CV, RULE 47.7, 12-19-02)
03-0106 KLEIN & ASSOCIATES POLITICAL RELATIONS, KLEIN INVESTMENTS,
SOUTHEAST TEXAS POLITICAL REVIEW AND PHILIP R. KLEIN v. PORT
ARTHUR INDEPENDENT SCHOOL DISTRICT, ET. AL.; from Jefferson
County; 9th district (09-01-00562-CV, 92 SW3d 889, 12-19-02)
as redrafted
03-0117 IN THE INTEREST OF C.D.T., III; from Harris County; 1st district (01-02-00525-CV, ___ SW3d ___, 01-02-03)
03-0120 DARLENE C. AMRHEIN-MACON v. ESTATE OF KEVIN TODD MACON, DECEASED STEPHEN H. MACON, ADMINISTRATOR; from Denton County; 2nd district (02-98-00275-CV, RULE 47.7, 12-05-02)
03-0121 IN THE INTEREST OF N.R.C. & L.A.C.; from Galveston County; 14th district (14-01-01241-CV, 94 SW3d 799, 12-02-02)
03-0143 PEARY PERRY v. GEORGE GREANIAS; from Harris County; 1st district (01-99-00199-CV, 95 SW3d 683, 12-27-02)
(Justice Schneider not sitting)
03-0155 MIKE DAVIS, SAM DAVIS, MELVIN RYAN, J. ROY JONES, JAMES H. JONES, MARIE T. JONES, KARL KING, RASKA ENTERPRISES, INC., THOMAS P. ROTELLO AND TILFORD SULAK v. MONSANTO COMPANY, DELTA AND PINE LAND COMPANY AND D&M PARTNERSHIP; from Falls County; 10th district (10-02-00158-CV, 97 SW3d 642, 12-31-02)
03-0164 JON GINDER AND NARNIA INVESTMENTS, LTD. v. CLAREY ZINGLER; from Harris County; 1st district (01-01-00532-CV, RULE 47.7, 03-07-02)
(Justice Schneider not sitting)
03-0212 NIKOLAOS BILILIS v. TIM TRUMAN, INDIVIDUALLY AND IN HIS CAPACITY AS CHAPTER 13 U.S. BANKRUPTCY TRUSTEE; from Tarrant County; 2nd district (02-01-00312-CV, RULE 47.7, 11-14-02)
03-0213 THE MASTERS OF MONEY AND CREDIT CORP., THE MASTERS SYSTEM, INC., BRUCE J. DANIELSON AND MONEY MASTERS, INC. v. TRW, INC., TRANS UNION CORP., CSC CREDIT SERVICES, INC., EXPERIAN CORPORATION, DIANE FLEMING CAPASSO, KELLY CURRIE AND TEXACO, INC.; from Dallas County; 5th district (05-98-02017-CV, ___ SW3d ___, 01-23-03)
03-0219 JOHN ZAMORA AND PCM INVESTMENTS, INC. D/B/A JUNIOR'S BEER & WINE v. CITY OF AUSTIN, TEXAS; from Travis County; 3rd district (03-02-00377-CV, RULE 47.7, 12-12-02)
(Chief Justice Phillips not sitting)
03-0220 HARRIS L. KEMPNER, III, 2840 CHIMNEY ROCK LTD., AND 2840 GP, LLC v. STEPHEN MONTEITH CLARKE; from Harris County; 10th district (10-01-00263-CV, RULE 47.7, 12-11-02)
03-0226 IN THE INTEREST OF S.M.E.; from Harris County; 14th district (14-02-00350-CV, ___ SW3d ___, 01-16-03)
02-0169 PINNACLE GAS TREATING, INC. v. RAYMOND MICHAEL READ, MARK WILLIAM READ, AND THOMAS I. FETZER, II; from Leon County; 10th district (10-00-00200-CV, 69 SW3d 240, 01-09-02)
Per curiam opinion issued March 6, 2003 withdrawn; substitute opinion issued April 17, 2003.
THE FOLLOWING MOTION FOR REHEARING OF A PETITION FOR REVIEW IS ABATED:
02-0414 TROY RICHARDSON v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE-I.D.; from Dawson County; 11th district (11-01-00396-CV, RULE 47.7, 01-31-02)
This is a motion for rehearing on a petition. The issue is whether the petitioner timely filed his affidavit of indigence. The record is unclear as to whether an affidavit was filed in the trial court pursuant to Tex. R. App. P. 20.1(c).
Accordingly, we order the trial court to determine and advise this Court by April 30, 2003:
(1) whether petitioner filed an affidavit of indigence on appeal in the trial court; (2) whether the affidavit of indigence was filed timely pursuant to Tex. R. App. P. 20.1(c); and (3) whether the affidavit of indigence should be sustained.
This case is abated pending the trial court's determination of these matters.
02-1046 ZAPATA COUNTY APPRAISAL DISTRICT v. COASTAL OIL & GAS CORPORATION, AND COASTAL OIL & GAS USA, LP; from Zapata County; 4th district (04-01-00083-CV, 90 SW3d 847, 09-18-02)
02-1024 IN RE STEVE HEFLIN ARCHITECT/BUILDER, INC.
03-0112 IN RE CARLA HENDRICKSON
03-0129 IN RE TEXAS HEALTH RESOURCES D/B/A HARRIS METHODIST FORT
WORTH HOSPITAL; AND HARRIS METHODIST FORT WORTH D/B/A
HARRIS METHODIST FORT WORTH HOSPITAL
motion for temporary relief denied
03-0317 IN RE STITH REECE EDMONDSON III
THE EMERGENCY MOTION TO STAY ORDER COMPELLING ARBITRATION IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED WITHOUT PREJUDICE:
03-0216 IN RE EDWIN A. EPSTEIN, JR. OPERATING COMPANY, INC.
[Note: The petition for writ of mandamus remains pending before this Court.]
THE EMERGENCY MOTION FOR STAY IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS GRANTED:
03-0332 IN RE OCEAN ENERGY, INC., JAMES T. HACKETT, JOHN B. BROCK, MILTON CARROLL, WANDA G. HENTON, J. EVANS ATTWELL, THOMAS D. CLARK, JR., PETER J. FLUOR, BARRY J. GALT, ROBERT L. HOWARD, ELVIS L. MASON, CHARLES F. MITCHELL, DAVID K. NEWBIGGING, AND DEE S. OBSORNE
[Note: The petition for writ of mandamus remains pending before this Court.]
(Justice O'Neill not sitting)
(Order delivered April 11, 2003)
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED:
02-1004 IN RE FORT WORTH NURSING AND REHABILITATION CENTER
motion to dismiss granted
THE FOLLOWING PETITIONS FOR WRIT OF HABEAS CORPUS ARE DENIED:
03-0304 IN RE CATHY RODRIGUEZ
03-0313 IN RE WAYNE MURPHY ENGLISH