Texas state seal

THE SUPREME COURT OF TEXAS


Orders Pronounced June 20, 2008

ORDERS ON CAUSES

06‑0943 

IN RE FLEETWOOD HOMES OF TEXAS, L.P. AND FLEETWOOD ENTERPRISES, INC.; from Walker County; 10th district (10‑06‑00312‑CV, ___ SW3d ___, 10‑25‑06)

 


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

 
07‑0486 

IN RE LYON FINANCIAL SERVICES, INC.; from Hidalgo County; 13th district (13‑07‑00269‑CV, ___ SW3d ___, 05‑31‑07)

 


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:

04‑0751 

TEXAS MUNICIPAL POWER AGENCY, CITY OF DENTON, CITY OF GARLAND, AND GEUS F/K/A GREENVILLE ELECTRIC UTILITY SYSTEM v. PUBLIC UTILITY COMMISSION OF TEXAS AND CITY OF BRYAN, TEXAS; from Travis County; 3rd district (03‑02‑00701‑CV, 150 SW3d 579, 05‑20‑04)
2 motions for rehearing
judgment issued December 14, 2007, withdrawn
corrected judgment issued


04‑0752 

TEXAS MUNICIPAL POWER AGENCY, CITY OF DENTON, TEXAS, CITY OF GARLAND, TEXAS, AND CITY OF GREENVILLE, TEXAS v. PUBLIC UTILITY COMMISSION OF TEXAS AND CITY OF BRYAN, TEXAS; from Travis County; 3rd district (03‑02‑00644‑CV, 150 SW3d 579, 05‑20‑04)
2 motions for rehearing


05‑0734 

MISSION CONSOLIDATED INDEPENDENT SCHOOL DISTRICT v. GLORIA GARCIA; from Hidalgo County; 13th district (13‑04‑00668‑CV, ___ SW3d ___, 06‑30‑05)
2 motions for rehearing
as corrected


05‑0762 

MISSION CONSOLIDATED INDEPENDENT SCHOOL DISTRICT v. MELINDA SOTUYO; from Hidalgo County; 13th district (13‑05‑00021‑CV, ___ SW3d ___, 06‑30‑05)
2 motions for rehearing
as corrected


05‑0763 

MISSION CONSOLIDATED INDEPENDENT SCHOOL DISTRICT v. DEBORAH MEDINA; from Hidalgo County; 13th district (13‑05‑00060‑CV, ___ SW3d ___, 06‑30‑05)
2 motions for rehearing
as corrected


THE MOTION IN THE FOLLOWING CAUSE IS GRANTED:

06‑0929 

LIVING CENTERS OF TEXAS, INC., CYNDI BROWN, LNFA, AND KIMBERLY BORDOVSKY, DON v. AUGUSTINE PEŅALVER, INDIVIDUALLY AND AS INDEPENDENT EXECUTOR OF THE ESTATE OF MARIA BELIA PEŅALVER, DECEASED, AND RAMON PEŅALVER; from Bexar County; 4th district (04‑05‑00565‑CV, 217 SW3d 44, 09‑13‑06)
petitioners' motion for rehearing, being treated as motion to modify judgment, granted
judgment issued January 25, 2008, withdrawn
modified judgment issued



ORDERS ON CASES GRANTED

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS SET FOR ORAL ARGUMENT:

07‑0737 

IN RE LESTER COLLINS, M.D.; from Smith County; 12th district (12‑06‑00078‑CV, 224 SW3d 798, 05‑14‑07)

 


[Note: The date and time for oral argument are yet to be determined.]

 

ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

08‑0091 

RONALD PUGH AND BETTY PUGH v. GENERAL TERRAZZO SUPPLIES, INC.; from Harris County; 1st district (01‑06‑00449‑CV, 243 SW3d 84, 07‑12‑07)


08‑0159 

CITY OF HOUSTON, TEXAS v. MAGUIRE OIL COMPANY, ET AL.; from Harris County; 14th district (14‑05‑01272‑CV, 243 SW3d 714, 10‑11‑07)

 


(Justice Johnson not sitting)

 
08‑0170 

FG HOLDINGS, INC., FG INSURANCE SERVICES, INC., A/K/A FINANCIAL GUARDIAN AND TRANS-GLOBAL SOLUTIONS, INC. v. LONDON AMERICAN RISK SPECIALISTS, INC. AND GUARANTY INSURANCE SERVICES, INC. F/K/A TIMBERLINE INSURANCE SERVICES, INC.; from Jefferson County; 9th district (09‑05‑00522‑CV, ___ SW3d ___, 12‑13‑07)
2 petitions


08‑0230 

RODNEY ELKINS v. CAPITAL ONE BANK AND CAPITAL ONE SERVICES, INC.; from Dallas County; 5th district (05‑06‑01539‑CV, ___ SW3d ___, 01‑29‑08)


08‑0272 

DEALERS ELECTRICAL SUPPLY CO. v. SCOGGINS CONSTRUCTION COMPANY, INC. AND BILL R. SCOGGINS; from Hidalgo County; 13th district (13‑06‑00368‑CV, ___ SW3d ___, 12‑20‑07)


08‑0276 

DANIEL ROEHRS, ET AL. v. FSI HOLDINGS, INC.; from Dallas County; 5th district (05‑06‑01432‑CV, 246 SW3d 796, 02‑26‑08)
2 petitions


08‑0282 

THE KITTEN FAMILY LIVING TRUST AND JERRY KITTEN v. SOUTH PLAINS LAMESA RAILROAD, LTD. AND LARRY DALE WISENER; from Lubbock County; 7th district (07‑06‑00209‑CV, ___ SW3d ___, 01‑28‑08)


08‑0288 

RICHMOND CONDOMINIUMS v. SKIPWORTH COMMERCIAL PLUMBING, INC.; from Wichita County; 2nd district (02‑05‑00401‑CV, ___ SW3d ___, 02‑07‑08)

 


(Justice Johnson not sitting)

 
08‑0347 

IN THE MATTER OF L.M.M., A CHILD; from Collin County; 5th district (05‑07‑00504‑CV, 247 SW3d 809, 03‑19‑08)


08‑0356 

.39 ACRES, .748 ACRES, AND .5 ACRES (WITH IMPROVEMENTS) IN THE J. JOHNSON SURVEY, MARION COUNTY, TEXAS AND A .22 CALIBER RUGER SEMI-AUTOMATIC PISTOL v. THE STATE OF TEXAS; from Marion County; 6th district (06‑07‑00101‑CV, 247 SW3d 384, 02‑29‑08)


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

08‑0452 

EDD HENDEE, INDIVIDUALLY AND AS EXECUTIVE DIRECTOR OF C.L.O.U.T. v. DAVID DEWHURST, TOM CRADDICK, STATE OF TEXAS, AND THE LEGISLATIVE BUDGET BOARD; from Travis County; 3rd district (03‑07‑00462‑CV, ___ SW3d ___, 04‑02‑08)
motion to exceed page limit in petition for review denied

The Court strikes the petition for review with the following notations: "The petition violates Texas Rules of Appellate Procedure 53.6 and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed June 30, 2008."



ORDERS ON MOTIONS FOR REHEARING

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

05‑0022 

COUNTY OF DALLAS v. CHRISTOPHER SHAWN SEMPE AND CARL RAYMOND SEMPE, SOLE HEIRS OF CHARLES RAY SEMPE; from Dallas County; 5th district (05‑03‑01603‑CV, 151 SW3d 291, 12‑07‑04)
motion for leave to file amended petition for review denied


06‑0925 

GENERAL MOTORS CORPORATION v. CHRIS BURRY AND CHRIS BURRY, AS NEXT FRIEND FOR RACHEL BURRY, SARAH BURRY, AND MEGHAN BURRY, MINORS; from Wise County; 2nd district (02‑05‑00216‑CV, 203 SW3d 514, 09‑21‑06)


07‑0916 

ORION REFINING CORPORATION v. UOP, A GENERAL PARTNERSHIP; UOP, LLC; EM SECTOR HOLDINGS, INC.; AND CATALYSTS, ADSORBENTS AND PROCESS SYSTEMS, INC.; from Harris County; 1st district (01‑05‑00681‑CV, ___ SW3d ___, 10‑04‑07)


08‑0167 

SUPERMERCADO TELOLOAPAN, INC. D/B/A TELOLOAPAN MEAT MARKET v. CITY OF HOUSTON; from Harris County; 14th district (14‑06‑00472‑CV, 246 SW3d 272, 12‑18‑07)


THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:

08‑0011 

IN RE WESLEY F. HONZA, JR. & ROBERT A. HONZA; from Ellis County; 10th district (10‑07‑00378‑CV, 242 SW3d 578, 01‑02‑08)
motion to reinstate stay denied



MISCELLANEOUS

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS WITHDRAWN:

08‑0429 

IN RE WILLIAM ROBERT PARKER; from Shelby County
motion to withdraw without prejudice granted


THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

07‑0554 

IN RE DELFINO GONZALEZ
relator's motion to strike objectionable portions of appendix to response dismissed as moot


08‑0354 

IN RE OMAR DE LA CRUZ MEDINA AND JUAN BENITEZ-MARTINEZ; from Harris County; 1st district (01‑08‑00099‑CV, ___ SW3d ___, 03‑27‑08)


08‑0359 

IN RE RICKY C. JONES; from Tarrant County; 2nd district (02‑08‑00105‑CV, ___ SW3d ___, 03‑25‑08)


08‑0376 

IN RE RODULFO L. RIVERA


08‑0479 

IN RE ROBERT GENE CUNNINGHAM, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF PATRICIA MAUDINE CUNNINGHAM, DECEASED; TRACY JEANNE CUNNINGHAM LANG; AND ROBIN LEE CUNNINGHAM BISHOP; from Tarrant County; 2nd district (02‑07‑00231‑CV, ___ SW3d ___, 06‑05‑08)
emergency motion for temporary relief denied


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

08‑0449 

IN RE RAFFAELE M. PANDOZY, PH.D.; from Dallas County; 6th district (06‑07‑00114‑CV, ___ SW3d ___, 04‑30‑08)

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