THE SUPREME COURT OF TEXAS

ARKOMA BASIN EXPLORATION COMPANY, INC., ET AL. v. FMF ASSOCIATES 1990-A, LTD., ET AL.; from Rockwall County; 5th district (05‑02‑00669‑CV, 118 SW3d 445, 08‑21‑03)
motion to release security dismissed as moot

The Court affirms in part and reverses in part the court of appeals' judgment and renders judgment.

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

Justice O'Neill filed a concurring and dissenting opinion.

THE CITY OF ROCKWALL, TEXAS v. VESTER T. HUGHES, AS SOLE INDEPENDENT EXECUTOR OF THE ESTATE OF W. W. CARUTH, DECEASED; from Rockwall County; 5th district (05‑04‑01562‑CV, 153 SW3d 709, 01‑20‑05)

The Court reverses the court of appeals' judgment and renders judgment.

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

Justice Willett filed a dissenting opinion, in which Justice Hecht, Justice O'Neill, and Justice Brister joined.

AIC MANAGEMENT v. RHONDA S. CREWS, CURTIS CALDWELL CREWS, ANNETTE CREWS, DENISE CLAUDEN CREWS, AND CLAUDE CREWS, JR., THE HEIRS OF EMMA CREWS, VALDA CREWS, AND EVA FAY GROSS, AND ALDINE INDEPENDENT SCHOOL DISTRICT; from Harris County; 1st district (01‑03‑01178‑CV, ___ SW3d ___, 02‑03‑05)

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

Justice O'Neill delivered the opinion of the Court.

Justice Willett filed a concurring opinion.

LIVING CENTERS OF TEXAS, INC., CYNDI BROWN, LNFA, AND KIMBERLY BORDOVSKY, DON v. AUGUSTINE PEÑALVER, INDIVIDUALLY AND AS INDEPENDENT EXECUTOR OF THE ESTATE OF MARIA BELIA PEÑALVER, DECEASED, AND RAMON PEÑALVER; from Bexar County; 4th district (04‑05‑00565‑CV, 217 SW3d 44, 09‑13‑06)

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

IN RE BP PRODUCTS NORTH AMERICA, INC.; from Galveston County; 1st district (01‑06‑00943‑CV, ___ SW3d ___, 02‑09‑07)
motion to dismiss mandamus as moot, denied
stay order issued February 22, 2007, lifted

The Court conditionally grants the petition for writ of mandamus.

Justice Gaultney delivered the opinion of the Court.

(Justice Gaultney sitting by commission pursuant to Section 22.005 of the Texas Government Code)

(Justice O'Neill not sitting)

NUECES COUNTY v. SAN PATRICIO COUNTY; from Refugio County; 13th district (13‑05‑00022‑CV, 214 SW3d 536, 12‑07‑06)

Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court vacates the court of appeals' judgment and renders judgment.

Per Curiam Opinion

WARWICK TOWERS COUNCIL OF CO-OWNERS, BY AND THROUGH ST. PAUL FIRE & MARINE INSURANCE COMPANY v. PARK WARWICK, L.P., PARK WARWICK INVESTMENTS, L.L.C., AND PARK HOTEL INVESTMENTS, L.L.C.; from Harris County; 14th district (14‑05‑00254‑CV, 218 SW3d 149, 01‑11‑07)

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

IN RE LARHONDA TORRY; 1st district (01‑08‑00031‑CV, ___ SW3d ___, 01‑18‑08)
motion for temporary relief dismissed as moot

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

PRODIGY COMMUNICATIONS CORP. v. AGRICULTURAL EXCESS & SURPLUS INSURANCE COMPANY, N/K/A GREAT AMERICAN E & S INSURANCE COMPANY AND GREAT AMERICAN INSURANCE COMPANY; from Dallas County; 5th district (05‑05‑00442‑CV, 195 SW3d 764, 05‑30‑06)

[Note: This case has been reset for oral argument at 9:00 a.m., April 1, 2008.]

Time allotted to argue: 20/20 minutes

IN THE MATTER OF ROLANDO CABALLERO

[Note: This case has been set for oral argument at 9:00 a.m., April 1, 2008.]

Time allotted to argue: 20/20 minutes

EDWARDS AQUIFER AUTHORITY, ET AL. v. CHEMICAL LIME, LTD.; from Comal County; 3rd district (03‑04‑00379‑CV, 212 SW3d 683, 09‑14‑06)
as amended

[Note: This case has been set for oral argument at 9:00 a.m., April 1, 2008.]

Time allotted to argue: 20/20 minutes

BENNY P. PHILLIPS, M.D. v. DALE BRAMLETT, INDIVIDUALLY AND AS INDEPENDENT ADMINISTRATOR OF THE ESTATE OF VICKI BRAMLETT, DECEASED, SHANE FULLER AND MICHAEL FULLER; from Lubbock County; 7th district (07‑05‑00456‑CV, ___ SW3d ___, 03‑19‑07)

[Note: This case has been set for oral argument at 9:00 a.m., April 2, 2008.]

Time allotted to argue: 20/20 minutes

MARY ANN DEMARS AND ROBERT DEMARS v. NIEY-BOR HSYUNG, ET AL.; from Harris County; 14th district (14‑05‑00916‑CV, ___ SW3d ___, 03‑23‑06)
as redrafted
respondent's second supplemental motion for sanctions dismissed as moot
petitioner's motion for sanctions dismissed as moot
motion for extension of time to file response dismissed as moot

PLAYBOY ENTERPRISES, INC. v. EDITORIAL CABALLERO, S.A. DE C.V. AND GRUPO SIETE INTERNATIONAL, INC.; from Hidalgo County; 13th district (13‑03‑00048‑CV, ___ SW3d ___, 05‑25‑06)
2 petitions

THOMAS EARL GAINOUS v. BRENDA JOYCE GAINOUS; from Harris County; 1st district (01‑04‑00427‑CV, 219 SW3d 97, 12‑21‑06)

FORMOSA PLASTICS CORPORATION, USA v. KAJIMA INTERNATIONAL, INC.; from Calhoun County; 13th district (13‑02‑00385‑CV, 216 SW3d 436, 12‑28‑06)

IN THE MATTER OF M.P., A CHILD; from Brazos County; 10th district (10‑06‑00008‑CV, 220 SW3d 99, 02‑07‑07)

THE STATE OF TEXAS v. ROBERT LOUIS MARTIN; from Harris County; 14th district (14‑05‑00687‑CV, 222 SW3d 532, 03‑01‑07)

TEXAS ROADHOUSE OF WACO, LTD. v. MARJORIE MESSER; from McLennan County; 10th district (10‑05‑00340‑CV, ___ SW3d ___, 05‑09‑07)

RED ROOF INNS, INC. AND ACCOR NORTH AMERICA, INC. v. MURAT HOLDINGS, L.L.C.; from Dallas County; 5th district (05‑05‑00240‑CV, 223 SW3d 676, 04‑16‑07)
3 petitions

JACKIE TEEL v. BELDON ROOFING & REMODELING CO., D/B/A BELDON ROOFING COMPANY, AND STEVE PHILLIPS; from Bexar County; 4th district (04‑06‑00231‑CV, ___ SW3d ___, 04‑25‑07)

DIAMOND OFFSHORE COMPANY, DIAMOND OFFSHORE DRILLING SERVICES, INC., DIAMOND OFFSHORE (USA) L.L.C., AND DIAMOND OFFSHORE MANAGEMENT COMPANY v. DONNIE HALL; from Tarrant County; 2nd district (02‑06‑00272‑CV, ___ SW3d ___, 05‑17‑07)

(Justice Medina not sitting)

JEFFREY WEISS v. JP MORGAN CHASE BANK, N.A. F/K/A MORGAN GUARANTY TRUST COMPANY OF NEW YORK; from Dallas County; 5th district (05‑06‑00940‑CV, ___ SW3d ___, 07‑20‑07)

KATIN CORP. v. BEA LOESCH; from Travis County; 3rd district (03‑05‑00412‑CV, ___ SW3d ___, 08‑10‑07)

THE UNIVERSITY OF TEXAS SYSTEM, THE UNIVERSITY OF TEXAS AT DALLAS, AND ROBERT LOVITT v. GURUMURTHY KALYANARAM; from Dallas County; 5th district (05‑05‑01493‑CV, 230 SW3d 921, 08‑07‑07)

SCI TEXAS FUNERAL SERVICES, INC. D/B/A CONNALLY/COMPTON FUNERAL DIRECTORS, INC. v. JANE GILMORE, ET AL.; from McLennan County; 10th district (10‑06‑00209‑CV, 234 SW3d 251, 08‑15‑07)
2 petitions

SENIOR LIVING PROPERTIES, L.L.C. D/B/A JEFFREY PLACE HEALTHCARE v. ROBERT JAMES COLE; from McLennan County; 10th district (10‑06‑00227‑CV, ___ SW3d ___, 09‑19‑07)

EOG RESOURCES, INC. v. KILLAM OIL CO., LTD. AND HURD ENTERPRISES, LTD.; from Webb County; 4th district (04‑06‑00794‑CV, 239 SW3d 293, 08‑08‑07)

CELOTEX CORPORATION, LECIL M. COLBURN, AND DAVID MURRY v. WAREHOUSE ASSOCIATES CORPORATE CENTRE II, INC., WAREHOUSE ASSOCIATES CORPORATE CENTRE POST OAK, LTD., AND WAREHOUSE ASSOCIATES DEVELOPMENT, INC.; from Harris County; 14th district (14‑03‑01444‑CV, 192 SW3d 225, 03‑30‑06)
denial of petition for review on April 27, 2007, withdrawn

[Note: The petitions for review remain pending before this Court.]

SOUTH GREEN LIMITED PARTNERSHIP v. MICHELLE RIVERA AND JEFF RIVERA; from Harris County; 14th district (14‑05‑00128‑CV, 208 SW3d 12, 08‑24‑06)

INDIAN HARBOR INSURANCE COMPANY v. EL NAGGAR FINE ARTS FURNITURE, INC. AND AHMED EL NAGGAR; from Harris County; 1st district (01‑05‑01069‑CV, ___ SW3d ___, 03‑01‑07)

IN THE INTEREST OF J.D.S., A CHILD; from Dallas County; 5th district (05‑06‑01512‑CV, ___ SW3d ___, 09‑19‑07)

IN RE AMERICAN RETIREMENT CORPORATION AND PEGGY BRISGILL IN HER CAPACITY AS MANAGER; from Nueces County; 13th district (13‑07‑00261‑CV, ___ SW3d ___, 06‑06‑07)
stay order issued September 28, 2007, lifted

IN RE SATTERFIELD & PONTIKES CONSTRUCTION, INC.; from Duval County; 4th district (04‑07‑00301‑CV, ___ SW3d ___, 06‑20‑07)
as redrafted
stay order issued September 14, 2007, lifted

IN RE BILFINGER BERGER AG AND BILFINGER BERGER GAS AND OIL SERVICES NIGERIA LIMITED; from Harris County; 1st district (01‑07‑00934‑CV, ___ SW3d ___, 11‑02‑07)
motion to supplement the record granted
stay order issued November 21, 2007, lifted

IN RE RUDOLFO MAGALLON AND THE SPURLOCK LAW FIRM; from Jefferson County; 9th district (09‑07‑00438‑CV, ___ SW3d ___, 10‑11‑07)
stay order issued December 7, 2007, lifted

IN RE JAMES T. JACKSON, SR.; from Travis County; 3rd district (03‑07‑00634‑CV, ___ SW3d ___, 12‑07‑07)

IN RE CNA LLOYDS OF TEXAS, ET AL.; from Hidalgo County; 13th district (13‑07‑00386‑CV, ___ SW3d ___, 09‑24‑07)
Liberty Group's motion to withdraw from petition for writ of mandamus granted