Texas state seal

THE SUPREME COURT OF TEXAS


Orders Pronounced December 10, 2004

ORDERS ON CASES GRANTED

THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:

04‑0057 

JAMES L. KINCAID, JEFFREY T. HILLS, AND TERRY M. THOMAS v. STEPHEN E. JACKSON, BRISTOL RESOURCES HOLDINGS, INC., STEPHENS INVESTMENT COMPANY, AND AMERICAN CENTRAL GAS TECHNOLOGIES COMPANIES, INC.; from Nueces County; 13th district (13‑03‑00432‑CV, 122 SW3d 440, 12‑09‑03)
Thomas P. Dove's motion to appear pro hac vice dismissed as moot
Rudy Gonzales' motion in support of Thomas P. Dove's motion to appear pro hac vice dismissed as moot
Jon T. King's motion to appear pro hac vice dismissed as moot
Rudy Gonzales' motion in support of Jon T. King's motion to appear pro hac vice dismissed as moot
motion to grant the petition for review without regard to the merits, set aside the judgments of the courts below, and remand the case to the trial court for rendition of judgment in accordance with the parties' settlement agreement granted


Pursuant to Texas Rule of Appellate Procedure 56.3, the Court grants the petition for review. Without hearing oral argument or considering the merits, the Court sets aside the judgments of the court of appeals and the trial court, and remands the case to the trial court for rendition of judgment in accordance with the parties' settlement agreement.


04‑0468 

WATER STREET INC., D/B/A WATER STREET RESTAURANTS AND CHARLES H. DE COU v. RANDALL CABRERA; from Nueces County; 13th district (13‑02‑00472‑CV, ___ SW3d ___, 03‑04‑04)
motion for Court to grant petition for review and remand to trial court in order to effectuate settlement of case granted


Pursuant to Texas Rule of Appellate Procedure 56.3, the Court grants the petition for review. Without hearing oral argument or considering the merits, the Court remands the case to the trial court for rendition of judgment in accordance with the parties' settlement agreement.


04‑0800 

LONE STAR INDUSTRIES, INC. v. ROGER DIXON; from Harris County; 14th district (14‑02‑00638‑CV, 138 SW3d 373, 02‑19‑04)
2 petitions
motion to dismiss Lone Star Industries, Inc.'s petition for review granted
motion to dismiss E.D. Bullard Company's petition for review granted


Pursuant to Texas Rule of Appellate Procedure 56.3, the Court grants the petitions for review. Without hearing oral argument or considering the merits, the Court sets aside the court of appeals' judgment, and remands the case to the trial court for rendition of judgment in accordance with the parties' settlement agreement.



ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

04‑0893 

TERRY JAMES v. STEVE ODLAND D/B/A AUTO ZONE; from Dallas County; 5th district (05‑04‑01059‑CV, ___ SW3d ___, 11‑09‑04)


04‑0974 

RONALD KEVIN ADAMS, ET AL. v. BOULEVARD AUTO RENTALS, D/B/A RENT-A-WRECK OF DALLAS; from Navarro County; 10th district (10‑02‑00300‑CV, ___ SW3d ___, 09‑15‑04)


04‑0978 

E.T. SERVICES INC. v. SPAWGLASS CONSTRUCTION CORPORATION AND SPAWGLASS, INC.; from Montgomery County; 9th district (09‑03‑00596‑CV, 143 SW3d 897, 08‑26‑04)


THE FOLLOWING PETITION FOR REVIEW IS DISMISSED:

04‑0796 

COPPERAS COVE ECONOMIC DEVELOPMENT CORPORATION v. CHERYL PURDIN; from Coryell County; 10th district (10‑02‑00331‑CV, 143 SW3d 290, 07‑21‑04)
joint motion to withdraw petition for review granted


THE FOLLOWING PETITION FOR REVIEW IS WITHDRAWN:

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)
2 petitions
motion to withdraw conditional cross-petition for review granted

 


[Note: The petition for review of Columbia Medical Center of Las Colinas, Inc. d/b/a Las Colinas Medical Center remains pending before the Court.]

 

ORDERS ON MOTIONS FOR REHEARING

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

03‑1143 

ERNEST CANNON v. SUN-KEY OIL CO., INC.; from Erath County; 11th district (11‑02‑00286‑CV, 117 SW3d 416, 08‑29‑03)


03‑1159 

ANATOLY SVERDLIN, INDIVIDUALLY, AND DERIVATIVELY ON BEHALF OF AUTOMATED MARINE PROPULSION SYSTEMS, INC. v. MARK SWANK, MARVIN CHUDNOFF, JEFFREY SUSSMAN, LOUIS DREYFUS NATIONAL GAS HOLDINGS CORP., L.D.E. ASSOCIATES, L.L.C., AND JAMES MCCOY, JR.; from Harris County; 1st district (01‑99‑00428‑CV, 121 SW3d 785,  09‑04‑03)

 


(Justice O'Neill not sitting)

 
04‑0102 

PETERSON CONSTRUCTION, INC. v. SUNGATE DEVELOPMENT, L.L.C.; from Hidalgo County; 13th district (13‑03‑00525‑CV, ___ SW3d ___, 10‑30‑03)
motion for stay as supplemented dismissed as moot

 


[Note: This petition for review is consolidated with case number 04-0101.]

 
04‑0618 

MICHAEL G. BROWN, M.D. v. DONN C. FULLENWEIDER, INDIVIDUALLY AND AS REPRESENTATIVE OF J. D. "BUCKY" ALLHOUSE; J. MICHAEL HILL; AND JOSEPH CONSTANTINO; from Harris County; 6th district (06‑03‑00051‑CV, 135 SW3d 340, 05‑04‑04)

 


(Justice O'Neill not sitting)

 
04‑0740 

WILLIAM T. CAREY v. JULIE C. CAREY; from Dallas County; 5th district (05‑03‑01702‑CV, ___ SW3d ___, 05‑27‑04)


04‑0744 

VIKI CHEN v. DAVID MESTEMAKER, GILBERT & MESTEMAKER, AND MESTEMAKER & STRAUB; from Harris County; 1st district (01‑02‑01194‑CV, ___ SW3d ___, 05‑13‑04)


04‑0779 

WILLIAM COX MILLER v. HELEN KAY LUDEMAN; from Travis County; 3rd district (03‑03‑00630‑CV, ___ SW3d ___, 06‑10‑04)


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

04‑0101 

IN RE PETERSON CONSTRUCTION, INC.; from Hidalgo County; 13th district (13‑03‑00525‑CV, ___ SW3d ___ 10‑30‑03)
motion for stay as supplemented dismissed as moot

 


[Note: This petition for writ of mandamus is consolidated with case number 04-0102.]

 
04‑1048 

IN RE JOYCE KNOWLES; from Bexar County; 4th district (04‑04‑00422‑CV, ___ SW3d ___, 09‑15‑04)
2nd motion for rehearing denied with prejudice
motion for emergency stay relief to reconsider lifted stay denied with prejudice



MISCELLANEOUS

THE FOLLOWING PETITION FOR WRIT OF HABEAS CORPUS IS DENIED:

04‑0998 

IN RE RAYMOND SHEFFEY; from Travis County; 3rd district (03‑04‑00463‑CV, ___ SW3d ___, 10‑05‑04)


THE MOTION FOR TEMPORARY RELIEF IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:

04‑1055 

IN RE PROGRESSIVE CONCEPTS INC., D/B/A HAWK ELECTRONICS; from Tarrant County; 2nd district (02‑04‑00343‑CV, ___ SW3d ___, 11‑15‑04)
emergency motion for temporary relief denied

 


[Note: The petition for writ of mandamus remains pending before this Court.]