Texas state seal

THE SUPREME COURT OF TEXAS


Orders Pronounced May 9, 2008

ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

08‑0130 

ROYCE HOMES, L.P. v. MITCH HUMPHREY; from Montgomery County; 9th district (09‑06‑00295‑CV, 244 SW3d 570, 01‑03‑08)
2 petitions


08‑0147 

DONALD M. HOLDEN AND MARY HOLDEN v. MATTHEW G. MCMENEMY, M.D.; from Fort Bend County; 14th district (14‑07‑00365‑CV, ___ SW3d ___, 11‑01‑07)


08‑0168 

JAVIER D. CORONA v. PILGRIM'S PRIDE CORPORATION; from Camp County; 6th district (06‑07‑00015‑CV, 245 SW3d 75, 01‑18‑08)


08‑0174 

MICHAEL J. VALENTINE v. LLOYD R. CUNNINGHAM, JR. AND CUNNINGHAM & ASSOCIATES, P.C.; from Harris County; 1st district (01‑07‑00054‑CV, ___ SW3d ___, 01‑17‑08)


08‑0186 

IN THE MATTER OF M.M.; from Travis County; 3rd district (03‑06‑00396‑CV, ___ SW3d ___, 02‑06‑08)
as corrected


THE MOTION IN THE FOLLOWING PETITION FOR REVIEW IS GRANTED:

06‑0925 

GENERAL MOTORS CORPORATION v. CHRIS BURRY, STACEY 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)
joint motion to sever, abate and remand to effectuate settlement, granted as follows:

Pursuant to Texas Rule of Appellate Procedure 56.3, the Court severs General Motors’ appellate claims as against Stacey Burry from case number 06-0925 into case number 08-0348, styled General Motors Corporation v. Stacey Burry. The Court abates the petition in case number 08-0348 and remands those claims to the trial court to effectuate the parties' settlement agreement. The remainder of the claims remain pending before this Court.


THE ABATEMENT ORDER IS EXTENDED IN THE FOLLOWING PETITION FOR REVIEW:

07‑0457 

LINDA THOMAS, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DAMON HOLLIMON, DECEASED AND ASHLEY DOMINQUE HOLLIMON, INDIVIDUALLY v. INSTITUTIONAL DIVISION OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE AND GLENDA PIERSON; from Walker County; 1st district (01‑04‑01084‑CV, ___ SW3d ___, 04‑19‑07)

 


[Note: The abatement order issued March 5, 2008 is extended to June 5, 2008, by which time the parties must file either a status report or a motion to dismiss.]

 

MISCELLANEOUS

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:

08‑0322 

IN RE ROBERT LEE GILL, JR.; from Bexar County; 4th district (04‑99‑00477‑CV, ___ SW3d ___, 07‑09‑99)
original application for extraordinary writ of habeas corpus denied
motion for expedited consideration denied


THE STAY ORDER IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS LIFTED:

07‑0911 

IN RE LUIS ALONZO ALVAREZ; from Harris County; 1st district (01‑07‑00569‑CV, ___ SW3d ___, 10‑29‑07)
emergency motion requesting immediate removal of temporary stay granted
stay order issued November 19, 2007, lifted