Texas state seal

THE SUPREME COURT OF TEXAS


Orders Pronounced May 2, 2008

ORDERS ON CAUSES

05‑0882 

PERRY HOMES, A JOINT VENTURE, HOME OWNERS MULTIPLE EQUITY, INC., AND WARRANTY UNDERWRITERS INSURANCE COMPANY v. ROBERT E. CULL, AND S. JANE CULL; from Tarrant County; 2nd district (02‑04‑00052‑CV, 173 SW3d 565, 08‑31‑05)

 


The Court reverses the court of appeals' judgment, vacates the arbitration award, and remands the case to the trial court.

Justice Brister delivered the opinion of the Court, in which Justice Hecht, Justice O'Neill, Justice Wainwright, and Justice Medina joined, and in which Chief Justice Jefferson, Justice Green, Justice Johnson, and Justice Willett joined as to parts I-V.

Justice O'Neill delivered a concurring opinion.

Justice Johnson, joined by Chief Justice Jefferson and Justice Green, concurring in part and dissenting in part.

Justice Willett delivered an opinion concurring in part and dissenting in part.

 

THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:

03‑1066 

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)
2 motions for rehearing


04‑0931 

SALEH W. IGAL v. BRIGHTSTAR INFORMATION TECHNOLOGY GROUP, INC. AND BRBA, INC.; from Dallas County; 11th district (11‑03‑00099‑CV, 140 SW3d 820, 06‑30‑04)

The Court's opinion of December 7, 2007 is withdrawn and the opinion of this date is substituted. The dissenting opinion by Justice Brister and the judgment, issued December 7, 2007, remain in place.

 


(Justice Hecht not sitting)

 
07‑0164 

NADINE HAMILTON, NEE NADINE LAMBERT v. SELMA P. WILSON, M.D.; from Lubbock County; 7th district (07‑06‑00071‑CV, ___ SW3d ___, 11‑01‑06)


07‑0294 

W. GENE MURFF, M.D. AND MURFF-WANG-MOORE ASSOCIATES, P.A. v. WANDA KAYE PASS, AS NEXT FRIEND OF LESLIE LEANN PASS, A MINOR; from McLennan County; 10th district (10‑06‑00162‑CV, ___ SW3d ___, 02‑28‑07)



ORDERS ON CASES GRANTED

THE FOLLOWING PETITION FOR REVIEW IS GRANTED:

07‑0533 

DAIMLERCHRYSLER CORPORATION v. YVONNE MORAN, INDIVIDUALLY, AS NEXT FRIEND OF AUTUMN RHAE MORAN, AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF BART MORAN, DECEASED; AND ALLIEDSIGNAL, INC.; from Nueces County; 13th district (13‑00‑00537‑CV, 231 SW3d 16, 05‑17‑07)
joint motion for judgment in accordance with settlement granted in part and denied in part as follows:

Pursuant to Texas Rule of Appellate Procedure 56.3, without hearing oral argument or considering the merits, the Court vacates the judgment of the court of appeals, vacates the judgment of the trial court as to DaimlerChrysler and AlliedSignal, Inc. only, and remands the case to the trial court for rendition of judgment pursuant to the parties' settlement agreement. The parties' request that the trial court judgment as to Luvh Rahke be severed is denied. The parties' request that the court of appeals' opinion be vacated is overruled.



ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

06‑1106 

GRAND HOMES 96, L.P. & GRAND HOMES, INC. v. DAVID & DEBRA LOUDERMILK; from Denton County; 2nd district (02‑06‑00030‑CV, 208 SW3d 696, 11‑09‑06)


07‑1062 

FLOYD EDGAR HUTSON v. TRI-COUNTY PROPERTIES, L.L.C.; from Parker County; 2nd district (02‑06‑00349‑CV, 240 SW3d 484, 11‑08‑07)


08‑0088 

IN THE INTEREST OF L.E.W., A CHILD; from Tarrant County; 2nd district (02‑07‑00162‑CV, ___ SW3d ___, 12‑13‑07)


08‑0149 

IN THE INTEREST OF J.D.D., B.J.D., AND W.G.D., CHILDREN; from Collin County; 5th district (05‑06‑00463‑CV, 242 SW3d 916, 01‑08‑08)


08‑0222 

PEGGY JOHNSON v. JOHNSON COUNTY, TEXAS; from Johnson County; 10th district (10‑07‑00095‑CV, ___ SW3d ___, 01‑30‑08)


THE FOLLOWING PETITION FOR REVIEW IS 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 notation: "The petition violates Texas Rules of Appellate Procedure 9.3 and 53.6 and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed no later than May 12, 2008."