Texas state seal

THE SUPREME COURT OF TEXAS


Orders Pronounced September 12, 2008

ORDERS ON CAUSES

THE MOTIONS TO RESET ORAL ARGUMENT IN THE FOLLOWING CAUSES ARE DENIED:

07‑0520 

ED VANEGAS, JIMMY D. HALMAN, SAM ARMSTRONG, ALEX CARBAJAL ROGER FARRINGTON, CURTIS HUFF AND TITO BETANCUR v. AMERICAN ENERGY SERVICES, NIEWOEHNER PARTNERSHIP, L.P., RCH/HSJ/CCM/MCPI, L.P., AUTRY STEPHENS, JOHN CARNETT, BRACK BLACKWOOD AND DENNIE MARTIN; from Midland County; 11th district (11‑06‑00118‑CV, 224 SW3d 544, 05‑10‑07)
unopposed motion to reschedule oral argument denied

 


[Note: This case remains set for oral argument at 9:00 a.m., October 15, 2008.]

 
07‑0665 

IN RE MORGAN STANLEY & CO. INCORPORATED, SUCCESSOR TO MORGAN STANLEY DW, INC.; from Dallas County; 5th district (05‑07‑00590‑CV, ___ SW3d ___, 07‑17‑07)
relator's opposed motion to reschedule oral argument denied

 


[Note: This case remains set for oral argument at 9:00 a.m., October 15, 2008.]

 

THE MOTION IN THE FOLLOWING CAUSE IS DENIED:

05‑0916 

PLEASANT GLADE ASSEMBLY OF GOD, REVEREND LLOYD A. MCCUTCHEN, ROD LINZAY, HOLLY LINZAY, SANDRA SMITH, BECKY BICKEL, AND PAUL PATTERSON v. LAURA SCHUBERT; from Tarrant County; 2nd district (02‑02‑00264‑CV, 174 SW3d 388, 09‑15‑05)
respondent's unopposed motion to stay issuance of mandate denied



ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

08‑0460 

JOSE THOTTUMKAL AND SARAMMA THOTTUMKAL v. LARRY MCDOUGAL; from Fort Bend County; 14th district (14‑06‑00364‑CV, 251 SW3d 715, 01‑15‑08)


08‑0499 

REBECCA DUNN GRIDER v. MIKE O'BRIEN, P.C., O'QUINN & LAMINACK, AND ITS SUCCESSORS IN INTEREST, THE O'QUINN FIRM, JOHN M. O'QUINN, AND KAISER & MAY, L.L.P.; from Harris County; 1st district (01‑07‑00006‑CV, ___ SW3d ___, 05‑08‑08)


08‑0538 

ELTON ADAMCHEK, ET AL. v. REYNOLDS METAL COMPANY, ET AL.; from Wharton County; 13th district (13‑06‑00240‑CV, ___ SW3d ___, 04‑24‑08)


08‑0550 

ESTATE OF WALTER ARTHUR KRIEGEL, DECEASED; from Parmer County
petitioner's motion for summary judgment denied


08‑0573 

MICHAEL LOU GARRETT v. LARRY E. BERGER, ET AL.; from Wichita County; 2nd district (02‑08‑00030‑CV, ___ SW3d ___, 06‑19‑08)


08‑0588 

MICHAEL O. MURRAY AND WHITNEY W. MURRAY v. THE CADLE COMPANY; from Dallas County; 5th district (05‑06‑01481‑CV, 257 SW3d 291, 04‑25‑08)


08‑0610 

MARK ZIMMER v. PALESTINE HERALD-PRESS CO., NEWSPAPER HOLDINGS, INC., AND SCOTT TYLER; from Cherokee County; 12th district (12‑07‑00139‑CV, 257 SW3d 504, 06‑25‑08)


08‑0612 

MARIA GLORIA NASH v. BRENDA GRAY; from Tarrant County; 2nd district (02‑07‑00351‑CV, ___ SW3d ___, 06‑19‑08)


THE FOLLOWING PETITIONS FOR REVIEW ARE ABATED:

08‑0501 

IN THE MATTER OF THE GUARDIANSHIP OF KATHRYN HOUSEWORTH GIBBS, AN INCAPACITATED PERSON; from Denton County; 2nd district (02‑05‑00143‑CV, 253 SW3d 866, 04‑03‑08)
motion to abate granted
abatement order issued

 


[Note: This case is removed from the Court's active docket until October 15, 2008, by which time the parties must file either a status report or a motion to dismiss.]

 
08‑0521 

IN RE GUARDIANSHIP OF KATHRYN HOUSEWORTH GIBBS, AN INCAPACITATED PERSON; from Denton County; 2nd district (02‑05‑00460‑CV, ___ SW3d ___, 04‑17‑08)
motion to abate granted
abatement order issued

 


[Note: This case is removed from the Court's active docket until October 15, 2008, by which time the parties must file either a status report or a motion to dismiss.]

 

THE FOLLOWING PETITIONS FOR REVIEW ARE STRUCK PURSUANT TO TEXAS RULE OF APPELLATE PROCEDURE 9.4(i):

08‑0624 

IN THE INTEREST OF S.L.M.; from Bexar County; 4th district (04‑07‑00566‑CV, ___ SW3d ___, 06‑18‑08)

The Court strikes the petition for review with the following notations: "The petition violates Texas Rules of Appellate Procedure 9.8(b)(1)(C) and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed September 22, 2008."


08‑0670 

SHARI A. WYNNE v. CITIBANK (SOUTH DAKOTA), N.A.; from Travis County; 7th district (07‑06‑00162‑CV, ___ SW3d ___, 04‑25‑08)
motion to exceed the page limit for the petition for review denied

The Court strikes the petition for review with the following notations: "The petition violates Texas Rules of Appellate Procedure 53.6 and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed September 22, 2008."


08‑0691 

ESTATE OF CHARLEY G. MARTIN, DECEASED, ALICE LONGFELLOW, INDEPENDENT EXECUTRIX FOR THE ESTATE v. RACETRAC PETROLEUM, INC. AND WALMART STORES EAST, INC.; from Tarrant County; 2nd district (02‑06‑00124‑CV, ___ SW3d ___, 06‑12‑08)

The Court strikes the petition for review with the following notations: "The petition violates Texas Rules of Appellate Procedure 9.4(f) and (h) and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed September 22, 2008."


08‑0719 

KERRY LYNN JOYCE v. TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES; from Henderson County; 12th district (12‑07‑00371‑CV, ___ SW3d ___, 06‑30‑08)

The Court strikes the petition for review with the following notations: "The petition violates Texas Rules of Appellate Procedure 9.8(b)(1)(C) and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed September 22, 2008."



ORDERS ON MOTIONS FOR REHEARING

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

08‑0218 

ROSE MARIE PATRONELLA v. HOUSTON INDEPENDENT SCHOOL DISTRICT; from Harris County; 14th district (14‑07‑00357‑CV, ___ SW3d ___, 01‑10‑08)


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

07‑0554 

IN RE DELFINO GONZALEZ



MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

08‑0597 

IN RE ELOY MATA


08‑0605 

IN RE CHRISTOPHER M. DEIOTTE


08‑0623 

IN RE JUAN ALMAGUER #688069


08‑0752 

IN RE TOMMY MANION AND TOMMY MANION OF TEXAS, INC.; from Potter County; 7th district (07‑08‑00318‑CV, ___ SW3d ___, 09‑11‑08)
motion for emergency stay of discovery order denied