Texas state seal

THE SUPREME COURT OF TEXAS


Orders Pronounced October 17, 2008

ORDERS ON CAUSES

04‑0641 

NICK DIGIUSEPPE D/B/A SOUTHBROOK DEVELOPMENT CO. AND FRISCO MASTER PLAN v. ROGER LAWLER; from Collin County; 5th district (05‑03‑00468‑CV, ___ SW3d ___, 06‑03‑04)

 


The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the trial court.

Justice Alan Waldrop delivered the opinion of the Court, in which Justice Hecht, Justice Wainwright, Justice Brister, and Justice Willett joined.

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

(Justice Waldrop sitting by commission pursuant to Section 22.005 of the Texas Government Code)

(Justice Medina not sitting)

 

ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

08‑0301 

ALLEN LANDERMAN v. STATE BAR OF TEXAS; from Collin County; 5th district (05‑07‑00332‑CV, 247 SW3d 426, 03‑05‑08)
as redrafted


08‑0471 

KOLL BREN FUND VI LP AND HARTMAN 3100 WESLAYAN ACQUISITIONS, LP, AS THE PROPERTY OWNERS AND THE PROPERTY OWNERS v. HARRIS COUNTY APPRAISAL DISTRICT AND THE APPRAISAL REVIEW BOARD OF HARRIS COUNTY APPRAISAL DISTRICT; from Harris County; 1st district (01‑07‑00321‑CV, ___ SW3d ___, 02‑28‑08)
as redrafted


08‑0647 

MICHAEL ANTHONY PEREZ v. CINDY MARIE PEREZ; from Jefferson County; 9th district (09‑06‑00521‑CV, ___ SW3d ___, 05‑22‑08)


08‑0650 

KIRK WAYNE MCBRIDE, SR. v. MAIL SYSTEM COORDINATOR'S PANEL & DIRECTOR'S REVIEW COMMITTEE; from Bee County; 13th district (13‑05‑00560‑CV, ___ SW3d ___, 05‑22‑08)


08‑0656 

CHARLES HALL v. JAMES H. DIEFFENWIERTH, II D/B/A TCI AND ROBERT DALE MORE; from Tarrant County; 2nd district (02‑07‑00058‑CV, ___ SW3d ___, 06‑12‑08)


08‑0661 

MARY STEPHENS, LIFE ESTATE AND EXECUTOR, CHARLES M. STEPHENS FARM v. LCRA TRANSMISSION SERVICES CORPORATION; from Lampasas County; 3rd district (03‑06‑00604‑CV, ___ SW3d ___, 07‑17‑08)
motion to request record dismissed as moot


08‑0688 

TERRY SIMMONS v. ELMOW HOLDINGS, INC., F/K/A RIO PUMPING SERVICES, INC.; from Tarrant County; 2nd district (02‑08‑00027‑CV, ___ SW3d ___, 07‑10‑08)


08‑0708 

BERNARD DOLENZ v. DALLAS CENTRAL APPRAISAL DISTRICT AND DALLAS COUNTY APPRAISAL REVIEW BOARD; from Dallas County; 5th district (05‑07‑00885‑CV, 259 SW3d 331, 06‑30‑08)


08‑0709 

IN THE MATTER OF A.G.N. A CHILD; from Potter County; 7th district (07‑07‑00312‑CV, ___ SW3d ___, 06‑24‑08)


08‑0712 

ASHWIN ALEXANDER KALIA v. TEXAS DEPARTMENT OF PUBLIC SAFETY; from Bexar County; 4th district (04‑08‑00001‑CV, ___ SW3d ___, 07‑09‑08)



ORDERS ON MOTIONS FOR REHEARING

THE MOTION FOR REHEARING OF THE FOLLOWING DIRECT APPEAL IS DENIED:

08‑0494 

LAURANCE KRIEGEL v. DIVERSIFIED FINANCIAL SERVICES, LLC. AND EMPLOYEES AS INDIVIDUAL PARTIES, JOHN L. SEYMOUR, LITIGATION MANAGER, BRIAN S. KELLEY, PORTFOLIO/COLLECTIONS SERVICING MANAGER, CHRIS FORD, AVP, MIKE HUGHBANKS, SENIOR V.P. CHIEF OPERATIONS OFFICER; from Parmer County


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

08‑0400 

DR. CAMIL KREIT, M.D., P.A. v. LINDA YOUNG; from Polk County; 11th district (11‑06‑00149‑CV, 253 SW3d 790, 02‑22‑08)
2 motions for rehearing


08‑0512 

LAURANCE KRIEGEL v. TEXAS DEPARTMENT OF AGRICULTURE, ORGANIC CERTIFYING AGENT, AND INDIVIDUALLY, LESLIE MCKINNON, COORDINATOR FOR ORGANIC CERTIFICATION


08‑0514 

LAURANCE KRIEGEL v. PARMER COUNTY SHERIFF'S OFFICE, ET AL.; from Parmer County
motion to set hearing denied


08‑0548 

LAURANCE KRIEGEL v. RAILROAD COMMISSION OF TEXAS, ET AL.
fourth motion for discovery denied
motion to set hearing denied


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

08‑0298 

IN RE MEDICAL CARBON RESEARCH INSTITUTE, L.L.C. AND JACK C. BOKROS, PH.D.; from Brazoria County; 14th district (14‑08‑00104‑CV, ___ SW3d ___, 04‑09‑08)



MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

08‑0729 

IN RE JOHN FOX; from El Paso County; 3rd district (08‑08‑00092‑CV )


08‑0732 

IN RE JOHN FOX; from El Paso County; 8th district


08‑0734 

IN RE HARVEY BRAMLETT, JR.; from Dallas County; 5th district (05‑07‑01256‑CV, ___ SW3d ___, 08‑07‑08)


08‑0747 

IN RE COMPLETE BOOKS & MEDIA SUPPLY, INC.; from Travis County; 3rd district (03‑08‑00432‑CV, ___ SW3d ___, 07‑31‑08)


THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS ABATED:

08‑0804 

IN RE MILLENNIUM MULTIPLE EMPLOYER WELFARE BENEFIT PLAN, MILLENNIUM MARKETING GROUP, INC., NORMAN BEVAN, AND INNOVUS FINANCIAL SOLUTIONS, INC.; from Dallas County; 5th district (05‑08‑01025‑CV, ___ SW3d ___, 08‑11‑08)
relator's motion to abate granted
abatement order issued

 


[Note: This case is removed from the Court's active docket until December 16, 2008, by which time the parties must file either a status report or a motion to dismiss.]

 

STAY ORDERS ARE ISSUED IN THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS:

08‑0660 

IN RE SATTERFIELD & PONTIKES CONSTRUCTION, INC.; from Duval County; 4th district (04‑08‑00343‑CV, ___ SW3d ___, 08‑13‑08)
relator's motion for emergency stay granted
stay order issued

 


[Note: The petition for writ of mandamus remains pending before this Court.]

 
08‑0800 

IN RE HOUSTON PIPE LINE COMPANY, L.P. D/B/A HOUSTON PIPE LINE COMPANY; ENERGY TRANSFER EQUITY, L.P.; ENERGY TRANSFER PARTNERS, L.P.; AND LA GRANGE ACQUISITION, L.P. D/B/A ENERGY TRANSFER COMPANY; from Victoria County; 13th district (13‑07‑00299‑CV&13‑07‑00362‑CV, ___ SW3d ___, 08‑26‑08)
relators' motion for emergency stay granted
stay order issued
requested response due by 3:00 p.m., November 17, 2008

 


[Note: The petition for writ of mandamus remains pending before this Court.]

 
08‑0820 

IN RE GREATER HOUSTON ORTHOPAEDIC SPECIALISTS, INC.; from Cameron County; 13th district (13‑08‑00366‑CV, ___ SW3d ___, 09‑11‑08)
motion for interim relief granted
stay order issued

 


[Note: The petition for writ of mandamus remains pending before this Court.]