Texas state seal

THE SUPREME COURT OF TEXAS


Orders Pronounced December 18, 2009

ORDERS ON CAUSES

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)

 


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

Justice Green delivered the opinion of the Court.

 
08‑0444 

MYRAD PROPERTIES, INC. v. LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF GMAC COMMERCIAL MORTGAGE SECURITES, INC., COMMERICIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1997-C1, ROBIN GREEN, AND MELISSA COBB; from Bell County; 3rd district (03‑07‑00240‑CV, 252 SW3d 605, 03‑28‑08)

 


The Court reverses the court of appeals' judgment and renders judgment.

Justice Green delivered the opinion of the Court.

 
08‑0696 

THE UNIVERSITY OF TEXAS SOUTHWESTERN MEDICAL CENTER AT DALLAS v. LARRY M. GENTILELLO, M.D.; from Dallas County; 5th district (05‑07‑00845‑CV, 260 SW3d 221, 07‑18‑08)
motion to dismiss dismissed as moot
stay order issued October 2, 2008, lifted

 


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

Per Curiam Opinion

 
08‑1076 

IN RE DEERE & COMPANY D/B/A JOHN DEERE COMPANY AND JOHN DEERE CONSTRUCTION & FORESTRY COMPANY; from Johnson County; 10th district (10‑08‑00436‑CV, ___ SW3d ___, 12‑22‑08)
stay order issued January 14, 2009, lifted

 


Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus.

Per Curiam Opinion

 

ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

09‑0633 

JOSÉ F. VASQUEZ, JR. v. TEXAS WORKFORCE COMMISSION, MERCHANTS BUILDING MAINTENANCE, LLC AND PAT MONTES; from Bexar County; 4th district (04‑08‑00508‑CV, ___ SW3d ___, 06‑10‑09)
as redrafted


09‑0792 

JOHN ROBERT WHIRTY v. JOE GRIMES AND TYRAN COMPTON; from Potter County; 7th district (07‑08‑00394‑CV, ___ SW3d ___, 04‑14‑09)


09‑0798 

GRAY LAW, L.L.P. v. T & H PARTNERS, LTD.; from Tarrant County; 2nd district (02‑08‑00387‑CV, ___ SW3d ___, 08‑06‑09)


09‑0862 

BAY AREA BLVD, LTD. v. BARRIOS TECHNOLOGIES, INC.; from Harris County; 13th district (13‑07‑00309‑CV, ___ SW3d ___, 06‑11‑09)


09‑0909 

CHRISTUS HEALTH AND CHRISTUS HEALTH GULF COAST v. KONE, INC.; from Harris County; 14th district (14‑07‑00786‑CV, ___ SW3d ___, 06‑25‑09)

 


(Justice Guzman not sitting)

 
09‑0949 

CHRISTOPHER BROWN v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Harris County; 14th district (14‑08‑00851‑CV, ___ SW3d ___, 07‑30‑09)
as redrafted

 


(Justice Guzman not sitting)

 

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

09‑0852 

ELIZABETH OKORAFOR v. UNCLE SAM & ASSOCIATES; from Fort Bend County; 1st district (01‑07‑00908‑CV, 295 SW3d 27, 04‑23‑09)

The Court strikes the petition for review with the following notation: "The petition violates Texas Rules of Appellate Procedure 53.2(k) and 53.6 and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed by December 28, 2009."


THE FOLLOWING PETITION FOR REVIEW IS DISMISSED:

09‑0049 

SPA PIPE, INC. D/B/A SMITH PIPE OF ABILENE AND SPA PIPE & SUPPLY, LP v. AEP TEXAS NORTH COMPANY, F/K/A WEST TEXAS UTILITIES COMPANY; from Tom Green County; 3rd district (03‑06‑00122‑CV, ___ SW3d ___, 12‑12‑08)
agreed motion to dismiss petition for review granted



ORDERS ON MOTIONS FOR REHEARING

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

08‑1057 

ROBERT LAGUARTA AND CARPAINT, INC. v. PELICAN PARTNERS, L.P.; from Calhoun County; 13th district (13‑07‑00751‑CV, ___ SW3d ___, 08‑28‑08)


09‑0577 

DARREN REAGAN v. NPOT PARTNERS I, L.P.; from Dallas County; 6th district (06‑08‑00071‑CV, ___ SW3d ___, 03‑25‑09)


09‑0762 

JON ERIC JACKS, INDIVIDUALLY AND D/B/A JON ERIC JACKS DEVELOPMENT v. G.A. BOBO, JR.; from Gregg County; 12th district (12‑07‑00420‑CV, ___ SW3d ___, 07‑31‑09)



MISCELLANEOUS

THE ABATEMENT ORDER IN THE FOLLOWING CASE IS LIFTED:

09‑0806 

IN RE MEDICALEDGE HEALTHCARE GROUP, P.A., ET AL.; from Dallas County; 5th district (05‑09‑01126‑CV, ___ SW3d ___, 09‑24‑09)
abatement order issued October 9, 2009, lifted
petition reinstated

 


[Note: The stay order issued September 25, 2009 remains in effect.]

(Justice Guzman not sitting)

 

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:

09‑0925 

IN RE J.W. RESOURCES EXPLORATION AND DEVELOPMENT, INC., JOE WATKINS AND JIM BLANKENSHIP; from Randall County; 7th district (07‑09‑00189‑CV, ___ SW3d ___, 08‑25‑09)


THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS ABATED:

09‑0522 

IN RE JOHN M. O'QUINN, P.C. D/B/A O'QUINN & LAMINACK; JOHN M. O'QUINN & ASSOCIATES, A TEXAS GENERAL PARTNERSHIP; JOHN M. O'QUINN & ASSOCIATES, L.L.P. D/B/A O'QUINN & LAMINACK; JOHN M. O'QUINN LAW FIRM, P.L.L.C.; O'QUINN & LAMINACK; AND JOHN M. O'QUINN; from Rusk County; 12th district
agreed motion to abate mandamus proceeding granted
abatement order issued

 


[Note: This case is removed from the Court's active docket until February 24, 2010, by which time the parties must file either a status report or a motion to dismiss.]

 

THE FOLLOWING CASE IS ABATED:

09‑0896 

DARLENE C. AMRHEIN v. LA MADELEINE, INC.; from Dallas County; 5th district (05‑08‑00350‑CV, ___ SW3d ___, 06‑30‑09)
abatement order issued

[Note: Effective as of December 7, 2009, the case is abated pursuant to Tex. R. App. P. 8.2 until further order of this Court and is removed from the Court's active docket, subject to reinstatement upon proper motion. Tex. R. App. P. 8.3. All motions and other documents pending or filed are abated subject to being reurged in the event the case is reinstated. Tex. R. App. P. 8.2 and 8.3. It is the parties' responsibility to immediately notify this Court once the automatic bankruptcy stay is lifted.]