Texas state seal

THE SUPREME COURT OF TEXAS


Orders Pronounced April 11, 2008

ORDERS ON CAUSES

06‑0005 

IN THE MATTER OF H.V.; from Tarrant County; 2nd district (02‑04‑00029‑CV, 179 SW3d 746, 11‑17‑05)

 


The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the trial court.

Justice Brister delivered the opinion of the Court, in which Justice O'Neill, Justice Medina, Justice Johnson, and Justice Willett joined.

Chief Justice Jefferson delivered an opinion concurring in part and dissenting in part, in which Justice Wainwright and Justice Green joined, and in which Justice Hecht joined as to Parts I, III, and V.

 
06‑0518 

RORY LEWIS, M.D. v. DEWAYNE FUNDERBURK, AS NEXT FRIEND OF WHITNEY FUNDERBURK; from Limestone County; 10th district (10‑05‑00197‑CV, 191 SW3d 756, 04‑05‑06)

 


The Court reverses the court of appeals' judgment and remands the case to that court.

Justice Brister delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice Wainwright, Justice Medina, Justice Green, Justice Johnson, and Justice Willett joined.

Justice O'Neill delivered a concurring opinion.

Justice Willett delivered a concurring opinion.

 
06‑0660 

MEDICAL CITY DALLAS, LTD. v. CARLISLE CORPORATION D/B/A CARLISLE SYNTEC SYSTEMS; from Dallas County; 5th district (05‑04‑00157‑CV, 196 SW3d 855, 06‑27‑06)

 


The Court reverses in part the court of appeals' judgment and reinstates the trial court's judgment.

Chief Justice Jefferson delivered the opinion of the Court.

(Justice Hecht not sitting)

 
07‑0094 

PHILIP A. MOORE, M.D. v. KRISTY GATICA; from Tarrant County; 2nd district (02‑06‑00442‑CV, ___ SW3d ___, 01‑25‑07)

 


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 remands the case to that court.

Per Curiam Opinion

 
07‑0173 

ROBERTO DIAZ-ROHENA, M.D. v. CYNTHIA S. MELTON; from Tarrant County; 2nd district (02‑06‑00315‑CV, ___ SW3d ___, 01‑25‑07)

 


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 remands the case to that court.

Per Curiam Opinion

 
07‑0174 

CENTER FOR NEUROLOGICAL DISORDERS, P.A. AND GREGORY A. WARD, M.D. v. ROGER P. GEORGE AND JULIET A. GEORGE; from Tarrant County; 2nd district (02‑06‑00105‑CV, ___ SW3d ___, 01‑25‑07)

 


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 remands the case to that court.

Per Curiam Opinion

 
07‑0227 

WENDY COLLINI, M.D. v. MARTHA PUSTEJOVSKY; from Tarrant County; 2nd district (02‑07‑00005‑CV, ___ SW3d ___, 02‑08‑07)

 


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 remands the case to that court.

Per Curiam Opinion

 
07‑0228 

GRAHAM OAKS CARE CENTER, INC., NEW GRAHAM OAKS CARE CENTER, INC. AND GRAHAM OAKS CARE CENTER v. ALLAGRA FARABEE AND EARLENE PRICE, AS NEXT FRIEND OF ALLAGRA FARABEE; from Young County; 2nd district (02‑06‑00452‑CV, ___ SW3d ___, 02‑08‑07)

 


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 remands the case to that court.

Per Curiam Opinion

 
07‑0312 

LOU VIRGINIA DANOS, INDIVIDUALLY AND AS NEXT FRIEND OF RYAN COCHRAN, A MINOR v. KEVIN RITTGER, M.D.; from Harris County; 1st district (01‑06‑00350‑CV, ___ SW3d ___, 03‑01‑07)

 


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 remands the case to the trial court.

Per Curiam Opinion

 
07‑0368 

HILL REGIONAL HOSPITAL v. MAXINE RUNNELS, INDIVIDUALLY AND AS HEIR TO AND ON BEHALF OF THE ESTATE OF GLENDON RUNNELS, DECEASED AND TAMMY RUNNELS WALKER AND GLEN PAUL RUNNELS, INDIVIDUALLY; from Hill County; 10th district (10‑06‑00372‑CV, ___ SW3d ___, 03‑14‑07)

 


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 remands the case to that court.

Per Curiam Opinion

 
07‑0422 

METWEST INC. D/B/A QUEST DIAGNOSTICS INCORPORATED v. MIGUEL RODRIGUEZ, JR., MIGUEL RODRIGUEZ AND LUCY RODRIGUEZ; from Tarrant County; 2nd district (02‑07‑00047‑CV, ___ SW3d ___, 04‑05‑07)

 


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 remands the case to that court.

Per Curiam Opinion

 

ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

05‑0474 

EDWARD GROUP, III, D.C. v. MARK VICENTO; from Harris County; 14th district (14‑04‑00908‑CV, 164 SW3d 724, 05‑10‑05)
respondent's motion to substitute counsel granted


07‑0958 

NANCY BRAUS v. RAY M. BOWEN, ET AL.; from Brazos County; 10th district (10‑06‑00226‑CV, ___ SW3d ___, 10‑10‑07)
respondents' motion to dismiss, dismissed as moot


07‑0963 

JASON BLAKENEY v. STATE OF TEXAS, ET AL., BILL SABAN, AND KYLE FREEMAN; from Rusk County; 6th district (06‑07‑00064‑CV, ___ SW3d ___, 10‑11‑07)


07‑1041 

TIMOTHY J. CARPENTER; MERVIN G. SCHAEFER; JAMES P. MALONEY; OLDCOSY CORP.; HENRY JACKSON; DAVID REINDL; HENRY C. HESS; DAVID FALLDORF; AND JANE P. KOTH v. EXELON CORPORATION AND EXELON ENTERPRISES COMPANY, LLC; from Harris County; 14th district (14‑07‑00149‑CV, ___ SW3d ___, 10‑23‑07)


08‑0020 

MARTINA OGG v. DILLARD'S, INC.; from Dallas County; 5th district (05‑06‑00626‑CV, 239 SW3d 409, 11‑09‑07)


08‑0023 

LINDA JOHNSON AND STEPHEN WAYNE JOHNSON, INDIVIDUALLY AND AS GUARDIANS OF KEASHIA MCLINN, A MINOR v. ROBERT THIGPEN, JR., INDIVIDUALLY AND D/B/A THIGPEN CATTLE COMPANY AND THIGPEN CATTLE COMPANY, AN UNIDENTIFIED COMPANY; from Falls County; 10th district (10‑06‑00174‑CV, ___ SW3d ___, 11‑21‑07)


08‑0100 

R. KIM WILLIAMS AND PAMELA WILLIAMS v. JUDITH CUNNINGHAM; from Denton County; 2nd district (02‑06‑00154‑CV, ___ SW3d ___, 12‑20‑07)


08‑0108 

RAMON CARDENAS AND MARIA CARDENAS v. JOE WILLIAMSON CONSTRUCTION CO., INC.; from Hidalgo County; 13th district (13‑06‑00096‑CV, ___ SW3d ___, 11‑20‑07)


08‑0146 

VERNON LLOYD HOOKER v. THE TEXAS DEPARTMENT OF PUBLIC SAFETY; from Montgomery County; 9th district (09‑07‑00125‑CV, ___ SW3d ___, 01‑17‑08)


08‑0152 

IMPERIAL LOFTS, LTD. v. IMPERIAL WOODWORKS, INC.; from McLennan County; 10th district (10‑06‑00126‑CV, 245 SW3d 1, 11‑21‑07)


08‑0176 

RODGER DALE CASTLEBERRY v. ELAINE CASTLEBERRY BIGBEE, INDIVIDUALLY, AND AS INDEPENDENT EXECUTRIX OF MAY GLEN CASTLEBERRY, DECEASED, AND TRUSTEE OF THE CASTLEBERRY FAMILY IRREVOCABLE LIFE INSURANCE TRUST, THE CASTLEBERRY MARITAL TRUSTS, AND THE CASTLEBERRY BY-PASS TRUST; from Comal County; 13th district (13‑06‑00551‑CV, ___ SW3d ___, 01‑17‑08)


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

08‑0173 

WALTER MITCHELL v. CARLA BERRY, NORRIS BOOTH, BRAD NATHAN WALKER, JOHN DOE, MARIA ALICIA GARCIA, URBAN REHABILITATION STANDARDS BOARD CITY OF DALLAS TEXAS AND CITY OF DALLAS, TEXAS, MUNICIPAL CORPORATION; from Dallas County; 5th district (05‑06‑01328‑CV, ___ SW3d ___, 11‑20‑07)

The Court strikes the petition for review with the following notations: "The petition violates Texas Rules of Appellate Procedure 9.3(b), 9.4(d), and 53.2(k) and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed April 21, 2008."


08‑0242 

UNITED PLAZA-MIDLAND L.L.C. v. FIRST SERVICE AIRCONDITIONING CONTRACTORS, INC; from Midland County; 11th district (11‑05‑00382‑CV, ___ SW3d ___, 12‑20‑07)
as amended
motion to file petition for review longer than 15 pages denied

The Court strikes the petition for review with the following notations: "The petition violates Texas Rules of Appellate Procedure 9.4(d), (f), (h), and 53.6 and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed April 21, 2008."


08‑0255 

KRISTOFER THOMAS KASTNER v. MARTIN, DROUGHT AND TORRES, INC., ET AL.; from Bexar County; 4th district (04‑07‑00342‑CV, ___ SW3d ___, 10‑31‑07)
motion to stay pending appeal to the Supreme Court of Texas denied

The Court strikes the petition for review with the following notations: "The petition violates Texas Rules of Appellate Procedure 9.4(c), (f), (g), (h), and 53.2(k)(1)(C) and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed April 21, 2008."


08‑0266 

LEE, WAI-LING v. PALACIOS, ROSE MARIE; from Harris County; 14th district (14‑06‑00428‑CV, ___ SW3d ___, 10‑11‑07)
motion to exceed page limits to file petition for review denied

The Court strikes the petition for review with the following notations: "The petition violates Texas Rules of Appellate Procedure 9.4(h) and 53.6 and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed April 21, 2008."


THE FOLLOWING PETITIONS FOR REVIEW ARE DISMISSED:

07‑0361 

IN THE ESTATE OF JUAN GARCIA, DECEASED; from La Salle County; 4th district (04‑06‑00120‑CV, ___ SW3d___, 03‑14‑07)
joint motion to dismiss petition for review granted


07‑0539 

TEXAS CITYVIEW CARE CENTER, L.P., D/B/A CITYVIEW CARE CENTER, LAWRENCE WAYNE POWELL, JR., AND DALLAS HICKMAN, R.N. v. LINDA FRYER, NELDA PATTON, AND MITZI GRIFFIN, INDIVIDUALLY AND AS INDEPENDENT EXECUTRIX OF THE ESTATE OF FRANCES EMMONS; from Tarrant County; 2nd district (02‑06‑00373‑CV, 227 SW3d 345, 05‑24‑07)
agreed motion to dismiss petition for review granted


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

08‑0050 

LAKEITH AMIR-SHARIF v. CATHY J. HAWKINS; from Dallas County; 5th district (05‑06‑00446‑CV, ___ SW3d ___, 12‑13‑07)
second motion for extension of time to file petition for review denied



ORDERS ON MOTIONS FOR REHEARING

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

07‑0752 

B.H. MCCAIG v. TRESSIE MCCAIG; from Henderson County; 12th district (12‑06‑00374‑CV, ___ SW3d ___, 06‑20‑07)


07‑1012 

JOHN KOO-HYUN KIM v. AUSTIN COMMUNITY COLLEGE; STEPHEN B. KINSLOW, AS PRESIDENT OF AUSTIN COMMUNITY COLLEGE; GREG ABBOTT, ATTORNEY GENERAL OF TEXAS; REPRESENTATIVE JAIME VALDEZ; AND MYRA MCDANIEL, AS ATTORNEY FOR AUSTIN COMMUNITY COLLEGE; from Travis County; 3rd district (03‑07‑00320‑CV, ___ SW3d ___, 07‑06‑07)


08‑0035 

JOAN CAROL ELLIS ROBERTS v. DR. MILAS ELDON DAVIS, JR.; from Titus County; 6th district (06‑07‑00024‑CV, ___ SW3d ___, 11‑01‑07)



MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

08‑0171 

IN RE BILLY R. SIMS, #511649


08‑0179 

IN RE GREYHOUND LINES, INC.; from Dallas County; 5th district (05‑08‑00033‑CV, ___ SW3d ___, 02‑22‑08)
motion to stay proceedings in the trial court denied


08‑0214 

IN RE MAR-ROX, INC., ROXANNE PENA CANTU, LAW OFFICES OF MARK CANTU A/K/A LAW OFFICE OF MARK A. CANTU, AND MARK CANTU AS CUSTODIAN FOR AYSSA CELESTE CANTU AND KRYSTHA YANNI CANTU; from Hidalgo County; 13th district (13‑07‑00693‑CV, ___ SW3d ___, 01‑18‑08)
as redrafted
relator's motion to stay proceedings denied
real parties in interest's motion to strike relators' petition for writ of mandamus, dismissed as moot


08‑0252 

IN RE JOSEPH D. SHUBERT TDCJ #613533; from Dallas County


THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED:

07‑0620 

IN RE TEXAS CITYVIEW CARE CENTER, L.P., D/B/A CITYVIEW CARE CENTER, LAWRENCE WAYNE POWELL, JR., AND DALLAS HICKMAN, R.N.; from Tarrant County; 2nd district (02‑06‑00426‑CV, 227 SW3d 345, 05‑24‑07)
agreed motion to dismiss petition for writ of mandamus granted


THE FOLLOWING APPEAL FROM A DECISION OF THE BOARD OF DISCIPLINARY APPEALS IS DISMISSED FOR WANT OF PROSECUTION:

07‑0101 

ARTHUR L. JACKSON v. COMMISSION FOR LAWYER DISCIPLINE
appellee's motion to dismiss for want of prosecution granted