THE SUPREME COURT OF TEXAS

Orders Pronounced October 10, 2008

ORDERS ON CAUSES

05‑0653	GILBERT KERLIN, INDIVIDUALLY, GILBERT KERLIN, TRUSTEE, WINDWARD OIL & GAS CORP., AND PI CORP. v. CONCEPCION SAUCEDA, ET AL.; from Cameron County; 13th district (13‑01‑00062‑CV, 164 SW3d 892, 06‑09‑05)
	The Court's opinion of August 29, 2008 is withdrawn and the opinion of this date is issued. The concurring opinion by Justice Brister and the judgment, issued August 29, 2008, remain in place. The Court reverses the court of appeals' judgment and renders judgment. Justice O'Neill delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Wainwright, Justice Medina, Justice Green, and Justice Johnson joined. Justice Brister delivered a concurring opinion, in which Justice Hecht, Justice Medina, and Justice Willett joined.

THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:

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)

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)

07‑0682

UNIFUND CCR PARTNERS v. KENNETH F. WEAVER; from McLennan County; 10th district (10‑06‑00207‑CV, 231 SW3d 441, 07‑11‑07)

ORDERS ON CASES GRANTED

THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:

07‑1031	CITY OF DESOTO, TEXAS v. JUSTIN WHITE; from Dallas County; 5th district (05‑06‑01469‑CV, 232 SW3d 379, 08‑28‑07)
	[Note: This case has been set for oral argument at 9:00 a.m., December 11, 2008.] Time allotted to argue: 20/20 minutes

07‑1051	GALBRAITH ENGINEERING CONSULTANTS, INC. v. SAM POCHUCHA AND JEAN POCHUCHA; from Bexar County; 4th district (04‑07‑00119‑CV, 243 SW3d 138, 09‑12‑07)
	[Note: This case has been set for oral argument at 9:00 a.m., December 11, 2008.] Time allotted to argue: 20/20 minutes

ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

07‑0467

7979 AIRPORT GARAGE, LLC v. DOLLAR RENT A CAR SYSTEMS, INC.; from Harris County; 14th district (14‑05‑00484‑CV, ___ SW3d ___, 04‑27‑07)
2 petitions

07‑0758

LEONARD M. MCCOLLUM v. STEPHEN M. SMITH, SUBSTITUTE TRUSTEE, JLE INVESTORS, INC. D/B/A ASSOCIATED MORTGAGE INVESTORS AND HOUSTON SAVINGS BANK; from Harris County; 1st district (01‑05‑00472‑CV, ___ SW3d ___, 08‑09‑07)

07‑0952

VINCENT MAES, CYNTHIA MAES AND THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA v. EL PASO ORTHOPAEDIC SURGERY GROUP; from El Paso County; 8th district (08‑06‑00071‑CV, 243 SW3d 695, 08‑30‑07)

08‑0081

KARL PAUL MATTLAGE v. CELESTE MATTLAGE, MARK MATTLAGE, ROBERT SNOWDEN AND PATRICIA LONG; from McLennan County; 10th district (10‑06‑00260‑CV, 243 SW3d 763, 11‑07‑07)

08‑0275

PANQUITA CARTER v. UNIVERSITY TEXAS SYSTEMS; from Dallas County; 5th district (05‑07‑00592‑CV, ___ SW3d ___, 02‑25‑08)

08‑0317

BEVER PROPERTIES, L.L.C. AND JESSE M. TAYLOR, D.D.S., P.A. v. PLANO PARKWAY OFFICE CONDOMINIUMS; from Collin County; 5th district (05‑05‑01533‑CV, 246 SW3d 188, 11‑26‑07)

08‑0395

TOM RAMSAY v. TEXAS TRADING CO., INC. AND ADM INVESTOR SERVICES, INC.; from Hopkins County; 6th district (06‑07‑00043‑CV, 254 SW3d 620, 05‑05‑08)

08‑0458

JASON MARIS v. TADD HENDRICKS, AS INDEPENDENT EXECUTOR OF THE ESTATE OF MELISSA HENDRICKS, DECEASED, TADD HENDRICKS, INDIVIDUALLY AND AS NEXT FRIEND OF JOSHUA AND DANIEL HENDRICKS, MINORS, AND CHARLIE MORELLO; from Denton County; 2nd district (02‑07‑00300‑CV, ___ SW3d ___, 05‑01‑08)

08‑0493

TAMI BERGER MARTIN v. CLYDE C. BERGER (INDIVIDUALLY, AS INDEPENDENT ADMINISTRATOR OF THE ESTATE OF MILDRED JACQUELYN BERGER, AND AS TRUSTEE OF THE BERGER TRUST); from Brazos County; 10th district (10‑06‑00281‑CV, ___ SW3d ___, 04‑09‑08)

08‑0527

VANSTEEN MARINE SUPPLY, INC., KOPCKE INTERNATIONAL, U.S.A., INC., CURTIS L. CRONKHITE, AND RON FAUSETT v. TWIN CITY FIRE INSURANCE COMPANY AND HARTFORD INSURANCE COMPANY; from Harris County; 13th district (13‑05‑00231‑CV, ___ SW3d ___, 03‑06‑08)

08‑0568

HAROLD GRANEK, M.D. v. TEXAS STATE BOARD OF MEDICAL EXAMINERS AND DONALD W. PATRICK, M.D.; from Travis County; 3rd district (03‑07‑00380‑CV, ___ SW3d ___, 03‑19‑08)

08‑0579

DAVID Y. TANG v. JIANGUANG WANG AND YELLOW EMPEROR COMMUNICATIONS, INC D/B/A HOUSTON CHINESE PRESS; from Harris County; 1st district (01‑08‑00009‑CV, 260 SW3d 149, 06‑05‑08)

08‑0608

YATES CARPET, INC. AKA YATES FLOORING CENTER AKA YATES CARPET & INTERIORS AKA DISCOUNT CARPET WAREHOUSE v. THE TRAVELERS LLOYDS INSURANCE COMPANY; from Lubbock County; 7th district (07‑06‑00478‑CV, ___ SW3d ___, 06‑19‑08)

08‑0621

IN THE MATTER OF T.G.; from Bell County; 3rd district (03‑07‑00543‑CV, ___ SW3d ___, 06‑19‑08)

08‑0626

EX PARTE RIGOBERTO RODRIGUEZ; from Tarrant County; 2nd district (02‑07‑00079‑CV, ___ SW3d ___, 06‑19‑08)

08‑0663

IN THE INTEREST OF J.M., L.M. AND K.M., CHILDREN; from Brazos County; 10th district (10‑08‑00108‑CV, ___ SW3d ___, 06‑11‑08)

08‑0678

GUY SPARKMAN v. RELIASTAR LIFE INSURANCE COMPANY; from Smith County; 13th district (13‑03‑00500‑CV, ___ SW3d ___, 05‑15‑08)

08‑0693

ENRIQUE BENAVIDES, JR., M.D. v. NANCY ORTEGON; from Webb County; 4th district (04‑05‑00768‑CV, ___ SW3d ___, 03‑05‑08)

08‑0745

IN THE INTEREST OF K.M. AND J.O. MINOR CHILDREN; from Bexar County; 4th district (04‑08‑00037‑CV, ___ SW3d ___, 07‑30‑08)
as redrafted

ORDERS ON MOTIONS FOR REHEARING

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

05‑0717

PETER COLDWELL, M.D. v. JOYCE O'NEAL, ET AL.; from Refugio County; 13th district (13‑04‑00258‑CV, ___ SW3d ___, 07‑21‑05)

07‑0993

OAIC COMMERICAL ASSETS, LLC v. STONEGATE VILLAGE, LP AND CAWC FINANCIAL, INC.; from Dallas County; 5th district (05‑05‑01471‑CV, 234 SW3d 726, 08‑16‑07)

08‑0332

ULYSSES SINAI LOPEZ v. MAX KUSHNER AND SARA KATHRYN KUSHNER; from Tom Green County; 3rd district (03‑06‑00779‑CV, ___ SW3d ___, 02‑13‑08)

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

08‑0659

IN RE LORI ANNE TIERI; from Smith County; 12th district (12‑07‑00472‑CV, ___ SW3d ___, 08‑13‑08)

MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

07‑0914

IN RE COLUMBIA-VALLEY HEALTHCARE SYSTEM, L.P. D/B/A VALLEY REGIONAL MEDICAL CENTER; from Cameron County; 13th district (13‑07‑00672‑CV, ___ SW3d ___, 10‑31‑07)

08‑0107

IN RE WEEKS MARINE, INC.; from Harris County; 14th district (14‑07‑00501‑CV, 242 SW3d 849, 12‑19‑07)

08‑0519

IN RE JANICE M. WILKERSON; from Harris County; 14th district (14‑08‑00376‑CV, ___ SW3d ___, 06‑06‑08)

08‑0689

EX PARTE PATRICK EUGENE MALLEY; from Harris County

08‑0703

IN THE INTEREST OF K.F.K., ET AL., CHILDREN; from Bexar County; 4th district

08‑0716

IN RE EDMUND B. HEIMLICH; from Travis County; 3rd district (03‑05‑00827‑CV, ___ SW3d ___, 07‑31‑08)

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED AS MOOT:

08‑0566

IN RE 4 MR, INC. D/B/A HOLDEN-MCCAULEY FUNERAL HOME AND HOLDEN-MCCAULEY FUNERAL HOME; from Haskell County; 11th district (11‑08‑00144‑CV, ___ SW3d ___, 06‑26‑08)
motion to dismiss petition for writ of mandamus granted

A STAY IS ISSUED IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS:

08‑0584	IN RE MACY'S TEXAS, INC.; from Bexar County; 4th district (04‑08‑00469‑CV, ___ SW3d ___, 07‑23‑08) motion for temporary relief granted stay order issued
	[Note: The petition for writ of mandamus remains pending before this Court.]