THE SUPREME COURT OF TEXAS

Orders Pronounced October 12, 2007

ORDERS ON CAUSES

03‑1080	IN RE U.S. HOME CORPORATION, LENNAR CORPORATION, DAVID GARCIA, FABIAN DIAZ AND SHELDON MOORE; from Cameron County; 13th district (13‑03‑00598‑CV, ___ SW3d ___, 11‑10‑03)
	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

05‑0261	MID-CONTINENT INSURANCE COMPANY v. LIBERTY MUTUAL INSURANCE COMPANY
	The Court answers the questions certified by the United States Court of Appeals for the Fifth Circuit. Justice Wainwright delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice O'Neill, Justice Brister, Justice Medina, Justice Green, Justice Johnson, and Justice Willett joined. Justice Willett delivered a concurring opinion.

06‑0385	IN RE SCI TEXAS FUNERAL SERVICES, INC., SCIT HOLDINGS, INC., SCI FUNERAL SERVICES, INC., AND SERVICE CORPORATION INTERNATIONAL; from El Paso County; 8th district (08‑05‑00335‑CV, 198 SW3d 14, 01‑31‑06) real parties in interest's motion for leave to file response denied
	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 MOTION FOR REHEARING OF THE FOLLOWING CAUSE IS DENIED:

05‑0189	BORG-WARNER CORPORATION, NOW KNOWN AS BURNS INTERNATIONAL SERVICES CORPORATION v. ARTURO FLORES; from Nueces County; 13th district (13‑03‑00058‑CV, 153 SW3d 209, 12‑16‑04)
	(Justice O'Neill not sitting)

ORDERS ON CASES GRANTED

THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:

07‑0010	GALVESTON CENTRAL APPRAISAL DISTRICT v. TRQ CAPTAIN'S LANDING, L.P. AND AMERICAN HOUSING FOUNDATION; from Galveston County; 1st district (01‑05‑00496‑CV, 212 SW3d 726, 10‑05‑06)
	[Note: This case has been set for oral argument at 9:00 a.m., January 15, 2008.] Time allotted to argue: 20/20 minutes

07‑0491

MARTIN CASSIDY, RICHARD HILL, AND RONALD LINDSEY v. CITY OF BALCH SPRINGS, TEXAS, AND K.M. HUBERT, IN HER OFFICIAL CAPACITY, AS CITY MANAGER OF BALCH SPRINGS, TEXAS; from Dallas County; 5th district (05‑05‑01340‑CV, ___ SW3d ___, 03‑26‑07)
joint motion to dismiss 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 vacates the judgment of the court of appeals and remands the case to the trial court for rendition of judgment pursuant to the parties' settlement agreement.

ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

06‑0166

LAWRENCE WHITE v. PATRICK BROWNING; from Travis County; 3rd district (03‑04‑00273‑CV, ___ SW3d ___, 01‑19‑06)

06‑0602	BFI WASTE SYSTEMS OF NORTH AMERICA, INC. AND BROWNING-FERRIS INDUSTRIES, INC. v. NORTH ALAMO WATER SUPPLY CORPORATION, JIMMY STEIDINGER, ENGELMAN IRRIGATION DISTRICT AND HIDALGO COUNTY DRAINAGE DISTRICT NO. 1; from Hidalgo County; 13th district (13‑04‑00069‑CV, ___ SW3d ___, 04‑13‑06) 2 petitions
	Per Curiam Opinion

06‑1112

BECKY ORTIZ, D/B/A SCHOR'S v. G. XAVIER MONTEMAYOR AND FRANKLIN T. GRAHAM, JR.; from Cameron County; 13th district (13‑04‑00224‑CV, 208 SW3d 627, 07‑20‑06)
as amended
motion to disregard or strike, dismissed as moot

06‑1120

G. XAVIER MONTEMAYOR AND FRANKLIN T. GRAHAM, JR. v. JOSE ANTONIO ORITZ FERNANDEZ, JOSE ANTONIO ORITZ CELADA, AND BECKY ORTIZ D/B/A SCHORS; from Cameron County; 13th district (13‑04‑00358‑CV, 208 SW3d 627, 07‑20‑06)
motion for partial dismissal, dismissed as moot
motion to disregard or strike, dismissed as moot

07‑0409

JEROME LEONARD JOHNSON v. G. OLIVER, ET AL.; from Houston County; 12th district (12‑06‑00187‑CV, ___ SW3d ___, 03‑07‑07)

07‑0413

SAMUEL G. NEWTON III v. CLINTON W. DELESPINE; from Houston County; 12th district (12‑05‑00113‑CV, ___ SW3d ___, 12‑01‑06)

07‑0414

SHARON J. HAMILTON AND DREAM LEADER MINERALS, LTD. v. MORRIS RESOURCES, LTD., FLORABELLE D. WHEAT, GEORGIE DINN, THE ESTATE OF MAY BETH GREGG, CARRIE FRANCIS BURTON, DINN MINERAL TRUSTS, COATES ENERGY TRUST, COATES ENERGY INTERESTS, LTD., AND EOG RESOURCES, INC.; from Duval County; 4th district (04‑05‑00904‑CV, 225 SW3d 336, 02‑14‑07)
2 petitions

07‑0473

SPORRAN KBUSCO, INC., F/K/A KERRVILLE BUS COMPANY D/B/A KERRVILLE BUS LINE, CUSA KBC, L.L.C. D/B/A KERRVILLE BUS COMPANY, CUSA, L.L.C. AND COACH USA, INC. v. GUADALUPE "SONNY" CERDA, JR.; from Maverick County; 4th district (04‑06‑00843‑CV, 227 SW3d 288, 03‑28‑07)
motion to consolidate, dismissed as moot

07‑0492

ALON USA, LP AND ALON USA GP, INC. v. THE STATE OF TEXAS; from Travis County; 3rd district (03‑03‑00431‑CV, ___ SW3d ___, 05‑26‑05)

07‑0535

RMLC, INC., RONALD L. MCCUTCHIN FAMILY PARTNERSHIP, LTD. A/K/A RONALD MCCUTCHIN FAMILY PARTNERSHIP, LTD. v. SUSAN MEAD, AMY COLE AND DON COLE, TRUSTEES OF THE MT COLE TRUST NO. 4; from Denton County; 2nd district (02‑06‑00092‑CV, 225 SW3d 710, 04‑12‑07)

07‑0555

SHANNON MARK DOUTHIT v. TEXAS COURT OF CRIMINAL APPEALS

07‑0586

THE KROGER COMPANY AND/OR THE KROGER, CO. v. SUZANNE S. CARPENTER; from Harris County; 1st district (01‑06‑00087‑CV, ___ SW3d ___, 06‑14‑07)

07‑0596

ISAIAH LEAVON QUIROZ, BY AND THROUGH DEBRA QUIROZ, AS PARENT AND NEXT FRIEND v. COVENANT HEALTH SYSTEM, A TEXAS CORPORATION, LUBBOCK METHODIST HOSPITAL, A TEXAS CORPORATION, A&D MEDICAL CENTER, L.L.C., A LIMITED LIABILITY COMPANY, AND DAVID WILLIAM DAVISON, M.D.; from Ward County; 8th district (08‑05‑00196‑CV, ___ SW3d ___, 03‑08‑07)

07‑0597

TWIN CITY FIRE INSURANCE COMPANY v. SHARON K. VEGA-GARCIA; from Dallas County; 5th district (05‑05‑01091‑CV, ___ SW3d ___, 05‑09‑07)
2 petitions

07‑0611

JOHN A. MAYS v. PATTI HUTSON MAYS; from Victoria County; 13th district (13‑05‑00558‑CV, ___ SW3d ___, 03‑15‑07)

07‑0615

TON'S REMODELING v. TAT HOI FUNG; from Harris County; 1st district (01‑05‑01077‑CV, ___ SW3d ___, 06‑21‑07)

07‑0617

EAST HILL MARINE, INC. AND JOE STARK, D/B/A STARK MARINE v. RINKER BOAT COMPANY, LLC AND GAVEN HUNT; from Tarrant County; 2nd district (02‑06‑00210‑CV, 229 SW3d 813, 06‑21‑07)

07‑0619

ANNE BUCKLIN O'BANION, INDIVIDUALLY AND ON BEHALF OF ALL WRONGFUL DEATH BENEFICIARIES AND AS REPRESENTATIVE OF THE ESTATE OF RICHARD WYNNE O'BANION, SR., RICHARD WYNNE O'BANION, JR., RAY O'BANION AND JAMES O'BANION v. CHRISTUS ST. MARY HOSPITAL; from Jefferson County; 9th district (09‑06‑00141‑CV, 227 SW3d 868, 06‑21‑07)

07‑0633

IN THE INTEREST OF M.A.S.; from Collin County; 5th district (05‑05‑01081‑CV, ___ SW3d ___, 04‑18‑07)

07‑0636

IAN HURWITZ v. DAVID ADLER, ET AL.; from Harris County; 1st district (01‑03‑01050‑CV, 229 SW3d 516, 06‑28‑07)

07‑0641

SCOTT FISH v. MARSTERS COMPANY, FRANK H. MARSTERS, INDIVIDUALLY AND PEDIGO SERVICES, INC.; from Fort Bend County; 14th district (14‑06‑00129‑CV, ___ SW3d ___, 05‑17‑07)

07‑0671

REED S. LEHMAN GRAIN, LTD., F/K/A REED S. LEHMAN GRAIN CO. v. CITY OF SAN ANTONIO, BY AND THROUGH ITS SAN ANTONIO WATER SYSTEM BOARD OF TRUSTEES; from Bexar County; 4th district (04‑04‑00930‑CV, ___ SW3d ___, 03‑14‑07)

07‑0686

IN THE INTEREST OF C.R. AND C.S., CHILDREN; from Denton County; 2nd district (02‑06‑00326‑CV, ___ SW3d ___, 07‑12‑07)

THE FOLLOWING PETITION FOR REVIEW IS STRUCK PURSUANT TO TEXAS RULE OF APPELLATE PROCEDURE 9.4(i):

07‑0717

BRETT GALLIFORD D/B/A GREEN ELECTRONICS v. PEPI CORPORATION; from Harris County; 1st district (01‑05‑00788‑CV, ___ SW3d ___, 02‑08‑07)

The Court strikes the petition for review with the following notations: "The petition violates Texas Rules of Appellate Procedure 9.3(g), 53.1, 53.2(d), (g), and (k) and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed October 22, 2007."

THE FOLLOWING PETITION FOR REVIEW IS DISMISSED:

07‑0238

WEEKS MARINE, INC. v. JOSE J. SALINAS; from Starr County; 4th district (04‑05‑00577‑CV, 225 SW3d 311, 02‑07‑07)
joint motion to dismiss with prejudice granted

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

07‑0618

TARRANT RESTORATION AND TIMOTHY G. PLETTA v. TX ARLINGTON OAKS APARTMENTS, LTD.; from Dallas County; 5th district (05‑05‑01411‑CV, 225 SW3d 721, 04‑16‑07)

ORDERS ON MOTIONS FOR REHEARING

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

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)
as corrected

06‑0220

GARRY GORE, M.D. v. LINDSEY DANIEL BRADSHAW; from Brazos County; 10th district (10‑04‑00279‑CV, ___ SW3d ___, 02‑01‑06)

06‑0481

THE CITY OF SAN ANTONIO v. EL DORADO AMUSEMENT COMPANY, INC.; from Bexar County; 4th district (04‑04‑00638‑CV, 195 SW3d 238, 02‑15‑06)

06‑0554

AUGUSTA ROMAN v. RANDY M. ROMAN; from Harris County; 1st district (01‑04‑00541‑CV, 193 SW3d 40, 02‑09‑06)

07‑0447

THE CADLE COMPANY v. THE INTERNATIONAL BANK OF COMMERCE AND MARK T. DAVIS; from Bexar County; 4th district (04‑06‑00456‑CV, ___ SW3d ___, 03‑14‑07)

07‑0483

LUCILLE R. KELLEY v. HUMBLE INDEPENDENT SCHOOL DISTRICT; from Harris County; 1st district (01‑05‑00761‑CV, ___ SW3d ___, 03‑29‑07)

MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

06‑0881

IN RE GARLOCK SEALING TECHNOLOGIES LLC AND GEORGIA-PACIFIC CORPORATION; from Harris County; 14th district (14‑06‑00467‑CV, ___ SW3d ___, 09‑19‑06)

07‑0124

IN RE TRANSPORTES DE NUEVO LAREDO, S.A. DE C.V.; from Webb County; 4th district (04‑06‑00720‑CV, ___ SW3d ___, 12‑13‑06)

07‑0149

IN RE GOLDEN CORRAL CORPORATION; from Hidalgo County; 13th district (13‑07‑00016‑CV, ___ SW3d ___, 02‑15‑07)

07‑0475

IN RE ROGER KERBOW AND KERBOW & ASSOCIATES; from Tarrant County; 2nd district (02‑07‑00173‑CV, ___ SW3d ___, 05‑31‑07)

07‑0480

IN RE SPORRAN KBUSCO, INC., F/K/A KERRVILLE BUS COMPANY D/B/A KERRVILLE BUS LINE, CUSA KBC, L.L.C. D/B/A KERRVILLE BUS COMPANY, CUSA, L.L.C. AND COACH USA, INC.; from Maverick County; 4th district (04‑07‑00073‑CV, 227 SW3d 288, 03‑28‑07)

07‑0568

EX PARTE JERRY HARTFIELD; from Wharton County

07‑0654

IN RE JAMES DE MOSS; from Jones County; 11th district (11‑07‑00180‑CV, ___ SW3d ___, 07‑06‑07)

07‑0657

IN RE RAPID SETTLEMENTS, LTD.; from Harris County; 14th district (14‑06‑00698‑CV, ___ SW3d ___, 03‑29‑07)

07‑0668

IN RE EMPIRE EQUIPMENT INTERNATIONAL, INC., AND ROBERT RUSSELL; from Tarrant County; 2nd district (02‑07‑00191‑CV, ___ SW3d ___, 07‑09‑07)

07‑0705	IN RE GARY GATES, JR.
	(Justice Willett not sitting)

07‑0706

IN RE ROB L. NEWBY; from Childress County; 7th district (07‑07‑00228‑CV, ___ SW3d ___, 07‑19‑07)

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED AS MOOT:

07‑0024

IN RE LENNAR CORPORATION, BARBARA WELKE, JACK DAWSON, DOUG MURPHY, AND DONNY HENDRIX; from Tarrant County; 2nd district (02‑06‑00454‑CV, ___ SW3d ___, 12‑28‑06)
motion for rehearing on motion to dismiss, dismissed as moot
stay order issued March 15, 2007, lifted

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

07‑0772

IN RE RICHARD LYNN CREEKS; from Dallas County; 5th district (05‑07‑00192‑CV, ___ SW3d ___, 03‑23‑07)

The Court strikes the petition for writ of mandamus with the following notations: "The petition violates Texas Rule of Appellate Procedure 52.6 and is struck."

THE MOTION IN THE FOLLOWING CASE IS DENIED:

06‑1093

CLAUDE HUGH LLOYD v. CROSBY INDEPENDENT SCHOOL DISTRICT, ET AL.; from Harris County; 1st district (01‑05‑00431‑CV, ___ SW3d ___, 09‑28‑06)
motion to recuse all Supreme Court Justices denied