Texas state seal

THE SUPREME COURT OF TEXAS

 

Orders Pronounced January 30, 2009

ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

08‑0643 

SAMUEL R. MARES, SR. v. VICTOR R. BLAINE; from Harris County; 1st district (01‑07‑00620‑CV, ___ SW3d ___, 07‑24‑08)

 

08‑0738 

LOUIS A. OLIVAREZ v. RAELA JOHNSON OLIVAREZ; from San Patricio County; 13th district (13‑07‑00348‑CV, ___ SW3d ___, 08‑18‑08)
as reinstated

 

08‑0823 

THE DANESHJOU COMPANY, INC. v. CNA CONSTRUCTION, INC.; from Travis County; 3rd district (03‑04‑00734‑CV, ___ SW3d ___, 08‑08‑08)

 


(Justice O'Neill not sitting)

 

 

08‑0827 

THE DANESHJOU COMPANY, INC. v. LOMA EXCAVATION, INC.; from Travis County; 3rd district (03‑04‑00738‑CV, ___ SW3d ___, 08‑08‑08)

 


(Justice O'Neill not sitting)

 

 

08‑0907 

$43,774.00 U.S. CURRENCY AND 1997 MODEL PONTIAC GRAND PRIX, VIN #1G2WP12K7V323349 v. THE STATE OF TEXAS; from Gregg County; 6th district (06‑07‑00126‑CV, 266 SW3d 178, 09‑12‑08)

 

08‑0926 

DOUGLAS K. BROCAIL v. DETROIT TIGERS, INC.; from Harris County; 14th district (14‑06‑00557‑CV, 268 SW3d 90, 04‑03‑08)

 

08‑0974 

IN RE THE ESTATE OF SARAH E. BOREN, DECEASED; from Lamar County; 6th district (06‑07‑00104‑CV, 268 SW3d 841, 10‑03‑08)

 

08‑0983 

ROSA SCHWARTZ v. THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, GALLAGHER BASSETT SERVICES, INC. AND BELINDA YBARRA; from Harris County; 1st district (01‑07‑00193‑CV, ___ SW3d ___, 10‑23‑08)

 

08‑1012 

IN THE INTEREST OF K.P. AND E.B., CHILDREN; from Dallas County; 5th district (05‑07‑01572‑CV, ___ SW3d ___, 10‑15‑08)
as redrafted

 

08‑1022 

IN THE MATTER OF J.C.L., A JUVENILE; from Aransas County; 13th district (13‑08‑00379‑CV, ___ SW3d ___, 10‑30‑08)

 

08‑1047 

MAX DUNCAN FAMILY INVESTMENTS, LTD. v. NTFN, INC. AND MORNINGSIDE PROPERTY CO.; from Dallas County; 5th district (05‑07‑00430‑CV, 267 SW3d 447, 08‑26‑08)

 

08‑1051 

JACQUELYN ELMORE, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF RON ELMORE, DECEASED, AND INTERVENOR, RONNIE ELMORE v. E. SULLIVAN ADVERTISING & DESIGN, INC., HEATH CHANNING HEBERT AND ASPEN HEBERT; from Jefferson County; 11th district (11‑07‑00118‑CV, ___ SW3d ___, 09‑25‑08)

 

THE FOLLOWING PETITIONS FOR REVIEW ARE ABATED:

08‑0033 

JAMES ANDERSON, PATRICIA ANDERSON, JACK CROWDER, CATHY CROWDER, GARY DZYAK, GEORGE ROSEMEIER, EVELYN ROSEMEIER, TOBY SIMMONS, AND PEGGY SIMMONS v. CROWN CENTRAL LLC, ET AL.; from Orange County; 9th district (09‑07‑00308‑CV, 239 SW3d 385, 10‑11‑07)
abatement order issued

[Note: Effective as of January 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.]

 

08‑0665 

JERRY DOWDY, SHIRLEY DOWDY, LEO SANDOVAL, BEATRICE SANDOVAL AND KAY MORRIS v. UNION CARBIDE CORPORATION, ET AL.; from Orange County; 9th district (09‑08‑00061‑CV, 256 SW3d 869, 06‑12‑08)
abatement order issued

[Note: Effective as of January 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.]

 

08‑0671 

PAWEL BARAN, NINA BARAN, ELIZABETH GOOD, JOHN BARKER, CAROL ANN BARKER, MICHAEL ROWELL, JEANNETTE ROWELL, ROGER JACKSON, LINDA JACKSON AND RAYMOND FISHER, II v. SHELL OIL COMPANY, ET AL.; from Orange County; 9th district (09‑08‑00062‑CV, 258 SW3d 719, 06‑12‑08)
abatement order issued

[Note: Effective as of January 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.]

 

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

09‑0059 

HECTOR ISRAEL LOPEZ v. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Harris County; 1st district (01‑08‑00111‑CV, ___ SW3d ___, 09‑25‑08)

 

The Court strikes the petition for review with the following notation: "The petition violates Texas Rules of Appellate Procedure 9.8(b)(1)(A) and (C) and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed February 9, 2009."

 

ORDERS ON MOTIONS FOR REHEARING

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

07‑0864 

SYLVIA CASAS, INDIVIDUALLY, SUBSTANTIVELY CONSOLIDATED BANKRUPTCY ESTATES OF FOUNTAIN VIEW, INC., AS SUCCESSOR TO SUMMIT CARE CORPORATION, SUMMIT CARE TEXAS, L.P. D/B/A COMANCHE TRAIL NURSING CENTER AND ROBERT GUNDLING, INDIVIDUALLY v. ROSAMARIE PARADEZ, AS THE ADMINISTRATOR AND HEIR AT LAW OF THE ESTATE OF TRANQUILINO MENDOZA, DECEASED; from Bexar County; 4th district (04‑06‑00417‑CV, 267 SW3d 170, 06‑25‑08)

 

08‑0202 

GULF INSURANCE CO. v. CHAD HENNINGS; from Denton County; 10th district (10‑06‑00192‑CV, ___ SW3d ___, 01‑30‑08)

 

08‑0295 

RUBYE MANGUM, AS EXECUTRIX OF THE ESTATE OF LAVADA OAKES AND AS BENEFICIARY OF THE WILL OF LAVADA OAKES v. TRENT TURNER AND DONNY TURNER; from Freestone County; 10th district (10‑07‑00004‑CV, 255 SW3d 223, 02‑27‑08)

 

08‑0373 

TRANSCONTINENTAL REALTY INVESTORS, INC. AND RT REALTY, L.P. v. MCGUIRE, CRADDOCK, STROTHER & HALE, P.C.; from Dallas County; 5th district (05‑07‑00050‑CV, 251 SW3d 890, 04‑08‑08)

 

08‑0547 

JOI M. FINDLEY-SMITH, M.D., AND PEGGY TAYLOR, M.D., P.A. v. HOLLY SMITH AND HUSBAND, CHRISTOPHER SMITH, INDIVIDUALLY AND A/N/F/ OF CAMERON SMITH, A MINOR; from Harris County; 1st district (01‑07‑00360‑CV, ___ SW3d ___, 02‑28‑08)

 

08‑0772 

ROSE KABBE v. BUDGET STORAGE USA, ET AL.; from Dallas County; 5th district (05‑07‑01646‑CV, ___ SW3d ___, 06‑17‑08)

 

08‑0802 

EULA MCGREGOR, TOMMIE JAMES, CHARLES JAMES AND ERMA RUTH ERVIN, AS HEIRS OF THE ESTATE OF LOUIS D. JAMES, DECEASED, AND LACHUNDA JAMES v. SALIH YILMAZ, M.D.; from Grimes County; 1st district (01‑07‑01116‑CV, 265 SW3d 631, 07‑17‑08)

 

08‑0830 

IN THE INTEREST OF A.A.A.; from Harris County; 1st district (01‑07‑00160‑CV, 265 SW3d 507, 06‑26‑08)

 

08‑0835 

HARTFORD ACCIDENT AND INDEMNITY COMPANY, HARTFORD CASUALTY INSURANCE COMPANY, AND WHITE-SPUNNER CONSTRUCTION, INC. v. MUSTANG TRACTOR & EQUIPMENT COMPANY, AND MUSTANG RENTAL SERVICES, INC.; from Travis County; 3rd district (03‑07‑00468‑CV, 263 SW3d 437, 07‑02‑08)

 

THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

08‑0847 

IN RE WILLIAM J. SAMES, III; from Angelina County; 12th district (12‑08‑00242‑CV, ___ SW3d ___, 06‑18‑08)

 

08‑1034 

IN RE CARL POSTON AND SHEREA POSTON; from Harris County; 1st district (01‑08‑00980‑CV, ___ SW3d ___, 12‑11‑08)

 

MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE ABATED:

08‑0198 

IN RE JAMES ANDERSON, PATRICIA ANDERSON, JACK CROWDER, CATHY CROWDER, GARY DZYAK, GEORGE ROSEMEIER, EVELYN ROSEMEIER, TOBY SIMMONS, AND PEGGY SIMMONS; from Orange County; 9th district (09‑07‑00308‑CV, 239 SW3d 385, 10‑11‑07)
abatement order issued

[Note: Effective as of January 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.]

 

08‑0915 

IN RE PAWEL BARAN, NINA BARAN, ELIZABETH GOOD, JOHN BARKER, CAROL ANN BARKER, MICHAEL ROWELL, JEANNETTE ROWELL, ROGER JACKSON, LINDA JACKSON AND RAYMOND FISHER, II; from Orange County; 9th district (09‑08‑00062‑CV, ___ SW3d ___, 06‑12‑08)
abatement order issued

[Note: Effective as of January 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.]

 

08‑0922 

IN RE JACK LOFTIN, GLENDA LOFTIN, JERRY DOWDY, SHIRLEY DOWDY, LEO SANDOVAL, BEATRICE SANDOVAL, GERALD DIAZ, DEBORAH DIAZ AND KAY MORRIS; from Orange County; 9th district (09‑08‑00061‑CV, ___ SW3d ___, 06‑12‑08)
abatement order issued

[Note: Effective as of January 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.]

 

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

08‑1058 

IN RE DAMON BANKHEAD

 

08‑1059 

IN RE DAVIE HARRISON, SR.; from Bowie County; 6th district (06‑08‑00098‑CV, ___ SW3d ___, 09‑10‑08)

 

08‑1061 

IN RE LAURANCE KRIEGEL