Texas state seal

THE SUPREME COURT OF TEXAS


Orders Pronounced June 15, 2007

ORDERS ON CAUSES

04‑0993 

GOODYEAR TIRE AND RUBBER COMPANY v. PATRICK MAYES; from Harris County; 1st district (01‑03‑00157‑CV, 144 SW3d 50, 06‑10‑04)

 


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.

Per Curiam Opinion

 
04‑1023 

IN RE ALLIED CHEMICAL CORPORATION, ET AL.; from Hidalgo County; 13th district (13‑04‑00491‑CV, ___ SW3d ___, 11‑04‑04)
stay order issued March 28, 2005, lifted
motion to lift stay, dismissed as moot
second supplemental motion to lift stay, dismissed as moot
motion to dismiss mandamus proceeding as moot, denied

 


The Court conditionally grants the petition for writ of mandamus.

Justice Brister delivered the opinion of the Court, joined by Justice Hecht, Justice Medina, Justice Green, and Justice Willett

Justice Hecht delivered a concurring opinion

Chief Justice Jefferson delivered a dissenting opinion, joined by Justice O'Neill, Justice Wainwright, and Justice Johnson

Justice Wainwright delivered a dissenting opinion

 
05‑0027 

G. BYRON KALLAM, M.D.; MARY ANGELINE FINKE, M.D.; THE MEDICAL CLINIC OF NORTH TEXAS, P.A.; OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES OF ARLINGTON; GERALD THOMPSON, M.D.; AND FAMILY HEALTHCARE ASSOCIATES v. SHARON BOYD; from Tarrant County; 2nd district (02‑03‑00362‑CV, ___ SW3d ___, 11‑24‑04)
2 petitions
motion to substitute party granted

 


The Court withdraws its order of September 1, 2006, granting the petitions for review, as the petitions were improvidently granted. The petitions for review are denied.

Per Curiam Opinion

 
05‑0722 

BRINSON FORD, INC., INDIVIDUALLY AND D/B/A BRINSON FORD LINCOLN MERCURY v. CONNIE W. ALGER; from Navarro County; 10th district (10‑04‑00341‑CV, 169 SW3d 340, 06‑22‑05)

 


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.

Per Curiam Opinion

 
06‑0878 

IN RE ALLSTATE COUNTY MUTUAL INSURANCE COMPANY AND DAVID GONZALEZ; from Hidalgo County; 13th district (13‑06‑00458‑CV, ___ SW3d ___, 09‑28‑06)
stay order issued October 30, 2006, 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

 

THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:

03‑0408 

BROOKSHIRE GROCERY COMPANY, D/B/A BROOKSHIRE FOOD STORES v. MARY FRANCIS TAYLOR; from Lamar County; 6th district (06‑02‑00122‑CV, 102 SW3d 816, 04‑01‑03)


04‑0825 

THE LONG TRUSTS v. ROBERT M. GRIFFIN, ROBERT M. GRIFFIN, JR., MARVIN AND MARIE OGILVIE AND CHARLES W. CONRAD; from Gregg County; 6th district (06‑02‑00185‑CV, 144 SW3d 99, 07‑07‑04)



ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

06‑0972 

IN THE INTEREST OF J.B.H., A MINOR CHILD; from Galveston County; 14th district (14‑05‑00745‑CV, ___ SW3d ___, 08‑08‑06)


07‑0089 

TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION, F/K/A TEXAS WORKERS' COMPENSATION COMMISSION v. LUMBERMENS MUTUAL CASUALTY COMPANY, PETROLEUM CASUALTY COMPANY, STATE OFFICE OF RISK MANAGEMENT, INTERNATIONAL PAPER, SELF-INSURED, AND DALLAS FIRE INSURANCE COMPANY, HARRISON COUNTY; from Travis County; 3rd district (03‑05‑00785‑CV, 212 SW3d 870, 12‑21‑06)


07‑0175 

CENTRAL APPRAISAL DISTRICT OF TAYLOR COUNTY v. WESTERN AH 406 LTD.; from Taylor County; 11th district (11‑05‑00075‑CV, 213 SW3d 544, 01‑18‑07)


07‑0206 

FLORIBERTO RUBIO, SR., ET AL. v. J.H. HIGUCHI, M.D.; from Bexar County; 4th district (04‑06‑00249‑CV, ___ SW3d ___, 12‑06‑06)


07‑0241 

DONALD RAY MCCRAY v. BECKY A. TIBBS AND DONNA A. CROWLEY; from Walker County; 10th district (10‑06‑00353‑CV, ___ SW3d ___, 02‑14‑07)


07‑0275 

IN THE MATTER OF J.P., A JUVENILE; from Live Oak County; 13th district (13‑06‑00176‑CV, ___ SW3d ___, 02‑22‑07)


07‑0317 

WILLIAM B. WALDROFF AND APPLIED VETERINARY GENOMICS, INC. v. CYTOGENIX, INC.; from Harris County; 1st district (01‑05‑00492‑CV, 213 SW3d 479, 12‑14‑06)


07‑0323 

R. THOMAS WILLIAMS v. HENRY F. REECE, ET AL.; from Houston County; 12th district (12‑06‑00278‑CV, ___ SW3d ___, 03‑14‑07)


07‑0375 

BILLIE MARIE BAGLEY, MARVIN ALEXANDER LOUVIER, MARY E. HARLE, SHARI PARKER, KARL HOLLIER, LUCIA FLANAGAN, AND SHEILA SACHITANO v. CENTANA INTRASTATE PIPELINE, LLC AND DUKE ENERGY FIELD SERVICES, LP; from Jefferson County; 9th district (09‑06‑00063‑CV, ___ SW3d ___, 03‑22‑07)


THE FOLLOWING PETITION FOR REVIEW IS DISMISSED FOR WANT OF JURISDICTION:

07‑0257 

EARL HENRY SHELTON JR., #629604 v. CITY OF MIDLAND



ORDERS ON MOTIONS FOR REHEARING

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

06‑0908 

MARVIN LUMBER AND CEDAR COMPANY v. ALLSTATE LLOYDS COMPANY; from Nueces County; 13th district (13‑05‑00535‑CV, ___ SW3d ___, 08‑31‑06)


06‑1089 

LAURA MYERS v. SAM HOUSTON STATE UNIVERSITY; from Walker County; 10th district (10‑06‑00275‑CV, ___ SW3d ___, 11‑01‑06)


07‑0075 

IN THE INTEREST OF A CHILD/A.A.B.; from Dallas County; 5th district (05‑06‑00468‑CV, ___ SW3d ___, 01‑05‑07)
motion for relief denied


07‑0298 

CITY OF MCALLEN, TEXAS v. MCALLEN POLICE OFFICERS UNION, ET AL.; from Hidalgo County; 13th district (13‑07‑00214‑CV, ___ SW3d ___, 04‑13‑07)


07‑0325 

IN THE INTEREST OF R.A.P. II, A CHILD; from Harris County; 14th district (14‑06‑00109‑CV, ___ SW3d ___, 01‑25‑07)


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

05‑0989 

IN RE MUZETTE ALVIS AND CRAIG PLOKHOOY, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED; from Jefferson County; 9th district


07‑0158 

IN RE CHARLES ROSS; from Smith County



MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE WITHDRAWN:

07‑0283 

IN RE LANDRY'S RESTAURANTS, INC.; from Bexar County; 4th district (04‑07‑00235‑CV, ___ SW3d ___, 04‑05‑07)
agreed motion to withdraw petition for writ of mandamus, granted
relator's motion to correct the name of the respondent, dismissed as moot
stay order issued April 11, 2007, lifted


07‑0440 

IN RE AURORA LOAN SERVICES LLC; from Nueces County; 13th district (13‑07‑00271‑CV, ___ SW3d ___, 05‑16‑07)
motion to withdraw petition for writ of mandamus as moot, granted
motion for temporary relief, withdrawn


THE FOLLOWING CASE IS DISMISSED FOR WANT OF JURISDICTION:

07‑0449 

PASTOR NELL COOPER AKA IRMA COOPER v. FROZEN FOODS EXPRESS, INC., ET AL.; 2nd district
petition for reconsideration for discretionary review, dismissed for want of jurisdiction


THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

07‑0335 

IN RE R. WAYNE JOHNSON; from Smith County; 12th district (12‑07‑00099‑CV, ___ SW3d ___, 03‑30‑07)


07‑0382 

IN RE IVO NABELEK; from Travis County; 3rd district (03‑07‑00074‑CV, ___ SW3d ___, 04‑04‑07)