Texas state seal

THE SUPREME COURT OF TEXAS


Orders Pronounced May 23, 2008

ORDERS ON CAUSES

05‑0386 

PROVIDENCE HEALTH CENTER A/K/A DAUGHTERS OF CHARITY HEALTH SERVICES OF WACO AND DEPAUL CENTER A/K/A DAUGHTERS OF CHARITY HEALTH SERVICES OF WACO v. JIMMY AND CAROLYN DOWELL, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF JONATHAN LANCE DOWELL, DECEASED; from McLennan County; 10th district (10‑02‑00026‑CV, 167 SW3d 48, 03‑30‑05)

 


- consolidated with -

 
05‑0788 

JAMES C. PETTIT, D.O. v. JIMMY AND CAROLYN DOWELL, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF JONATHAN LANCE DOWELL, DECEASED; from McLennan County; 10th district (10‑01‑00420‑CV, ___ SW3d ___, 08‑10‑05)

 


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

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

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

Justice O'Neill delivered a dissenting opinion, in which Chief Justice Jefferson and Justice Medina joined.

 
06‑0414 

IN RE TEAM ROCKET, L.P., MLF AIRFRAMES, INC., AND MARK L. FREDERICK; from Fort Bend County; 14th district (14‑06‑00136‑CV, ___ SW3d ___, 04‑25‑06)
stay order issued June 13, 2006, lifted

 


The Court conditionally grants the petition for writ of mandamus.

Justice Green delivered the opinion of the Court.

Justice Wainwright delivered a concurring opinion, in which Chief Justice Jefferson and Justice O'Neill joined.

 

ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

08‑0207 

JUNELLA ROSIE HEMPEL CARROLL v. CLAUDE A. MERTZ AND CHARLIE H. RIPPER, INDEPENDENT EXECUTORS OF THE ESTATE OF EWALD HEMPEL, DECEASED; from Fayette County; 3rd district (03‑05‑00540‑CV, ___ SW3d ___, 11‑01‑07)


08‑0278 

ROBIN BIKO, ET AL. AND DWIGHT TOMS, ET AL. v. SIEMENS INFORMATION AND COMMUNICATION NETWORKS, INC., AND EFFICIENT NETWORKS, INC.; from Dallas County; 5th district (05‑05‑01318‑CV, 246 SW3d 148, 10‑17‑07)



ORDERS ON MOTIONS FOR REHEARING

THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR REVIEW IS DISMISSED:

08‑0001 

JOHN OCIE ROBERTS v. ELEANOR CARTE, ESTATE OF A.C. CARTE, BY AND THROUGH ITS EXECUTRIX, CELESTE BOWMAN AND JAVIER GONZALEZ; from Cameron County; 13th district (13‑04‑00566‑CV, ___ SW3d ___, 11‑15‑07)
motion for extension of time to file motion for rehearing denied


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

07‑0722 

MCALESTER FUEL COMPANY v. SMITH INTERNATIONAL, INC.; from Harris County; 1st district (01‑05‑00468‑CV, ___ SW3d ___, 07‑26‑07)


07‑0923 

LANDRY'S SEAFOOD HOUSE-ADDISON, INC., ET AL. v. DARYL N. SNADON; from Dallas County; 5th district (05‑05‑01577‑CV, 233 SW3d 430, 07‑13‑07)


07‑0949 

DALLAS COUNTY, TEXAS v. FLORECE COUTEE, ET AL.; from Dallas County; 5th district (05‑06‑01695‑CV, 233 SW3d 542, 08‑28‑07)


07‑0989 

FRANK CORNISH IV AND ROBIN CORNISH v. WASHINGTON MUTUAL BANK F.A. AND WELLS FARGO BANK, TEXAS; from Tarrant County; 2nd district (02‑06‑00400‑CV, ___ SW3d ___, 08‑09‑07)



MISCELLANEOUS

THE FOLLOWING CASE IS REINSTATED:

07‑0495 

SOUTHWEST GRAIN CO. v. MARTIN P. GARZA, JR., ABEL N. GONZALEZ, JR. AND AIDA GRACIELA GONZALEZ; from Hidalgo County; 13th district (13‑04‑00409‑CV, ___ SW3d ___, 04‑12‑07)
abatement order issued March 14, 2008, lifted
joint motion to reinstate granted
petition reinstated


THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:

08‑0340 

IN RE THE SHED, LLC AND MARY ELLEN MALONE; from Van Zandt County; 12th district
motion for emergency stay denied


THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED:

08‑0257 

IN RE SERVICE CORPORATION INTERNATIONAL AND SCI TEXAS FUNERAL SERVICES, INC.; from Cameron County; 13th district (13‑08‑00029‑CV, ___ SW3d ___, 03‑03‑08)
motion to dismiss mandamus petition granted
motion for emergency relief dismissed as moot