THE SUPREME COURT OF TEXAS

IN RE COLUMBIA MEDICAL CENTER OF LAS COLINAS, SUBSIDIARY, L.P. D/B/A LAS COLINAS MEDICAL CENTER, ANTONETTE CONNER, AND ANNA MATHEW; from Dallas County; 5th district (05‑06‑00611‑CV, ___ SW3d ___, 05‑12‑06)
as reinstated
stay order issued August 29, 2008, lifted

The Court conditionally grants in part and denies in part the petition for writ of mandamus.

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

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

IN RE BAYLOR MEDICAL CENTER AT GARLAND; from Dallas County; 5th district (05‑05‑01663‑CV, ___ SW3d ___, 01‑04‑06)
as reinstated
stay order issued August 29, 2008, lifted

The Court conditionally grants in part and denies in part the petition for writ of mandamus.

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

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

JESSE C. INGRAM, PH.D. AND BEHAVIORAL PSYCHOLOGY CLINIC, P.C. v. LOUIS DEERE, D.O. AND HILLVALE MEDICAL GROUP ASSOCIATION D/B/A HILLVALE MEDICAL ASSOCIATION; from Dallas County; 5th district (05‑05‑00063‑CV, 198 SW3d 96, 04‑27‑06)
2 petitions

The Court reverses the court of appeals' judgment and reinstates the trial court's judgment.

Justice Wainwright delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice Medina, Justice Green, and Justice Willett joined, in which Justice O'Neill and Justice Brister joined except as to part II.D.5.a, and in which Justice Johnson joined except as to part II.D.2.

Justice Johnson delivered a concurring opinion.

STATE FARM LLOYDS v. BECKY ANN JOHNSON; from Collin County; 5th district (05‑05‑00640‑CV, 204 SW3d 897, 10‑27‑06)

The Court affirms the court of appeals' judgment.

Justice Brister delivered the opinion of the Court.

MIGUEL HERNANDEZ, M.D. v. JULIOUS EBROM AND RICHARD HUNNICUTT; from Hidalgo County; 13th district (13‑06‑00053‑CV, ___ SW3d ___, 02‑08‑07)
opposed motion for leave to file post-submission brief granted

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

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

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

EMPLOYEES RETIREMENT SYSTEM OF TEXAS v. XAVIER DUENEZ AND IRENE DUENEZ; from Calhoun County; 13th district (13‑05‑00729‑CV, ___ SW3d ___, 04‑05‑07)

Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court dismisses the petition for want of jurisdiction.

Justice Brister delivered the opinion of the Court, in which Chief Justice Jefferson, Justice O'Neill, Justice Medina, Justice Green, and Justice Willett joined.

Justice Hecht delivered a dissenting opinion.

Justice Wainwright delivered a dissenting opinion, in which Justice Johnson joined.

IN RE MORGAN STANLEY & CO. INC., SUCCESSOR TO MORGAN STANLEY DW, INC.; from Dallas County; 5th district (05‑07‑00590‑CV, ___ SW3d ___, 07‑17‑07)

The petition for writ of mandamus is denied.

Justice Medina delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Wainwright, Justice Green, Justice Johnson, and Justice Willett joined.

Justice Brister delivered a concurring opinion.

Justice Willett delivered a concurring opinion.

Justice Hecht delivered a dissenting opinion.

(Justice O'Neill not sitting)

DOLGENCORP OF TEXAS, INC., D/B/A DOLLAR GENERAL STORE v. MARIA ISABEL LERMA, INDIVIDUALLY, ET AL.; from Cameron County; 13th district (13‑03‑00314‑CV, 241 SW3d 584, 08‑23‑07)

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 the trial court.

Per Curiam Opinion

WILFREDO AVILES, M.D., AND WILFREDO AVILES, M.D., P.A. v. ALBERT AGUIRRE, ET AL.; from Hidalgo County; 13th district (13‑06‑00495‑CV, ___ SW3d ___, 02‑14‑08)

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 the trial court.

Per Curiam Opinion

DEALERS ELECTRICAL SUPPLY CO. v. SCOGGINS CONSTRUCTION COMPANY, INC. AND BILL R. SCOGGINS; from Hidalgo County; 13th district (13‑06‑00368‑CV, ___ SW3d ___, 12‑20‑07)

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

Justice O'Neill delivered the opinion of the Court.

JASON FERGUSON AND BOBBIE FERGUSON v. BUILDING MATERIALS CORPORATION OF AMERICA, CPC LOGISTICS, INC., AND ROBERT JAMES MADDOX; from Dallas County; 8th district (08‑07‑00051‑CV, 276 SW3d 45, 06‑12‑08)

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 the trial court.

Per Curiam Opinion

IN RE E.I. DU PONT DE NEMOURS AND COMPANY; from Jefferson County; 9th district (09‑08‑00318‑CV, ___ SW3d ___, 07‑24‑08)

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

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

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

IN RE HOUSTON PIPE LINE COMPANY, L.P., ET AL.; from Victoria County; 13th district (13‑07‑00299‑CV&13‑07‑00362‑CV, 269 SW3d 90, 08‑26‑08)
stay order issued October 17, 2008, 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

PROGRESSIVE COUNTY MUTUAL INSURANCE COMPANY v. REGAN KELLEY; from Brazos County; 10th district (10‑06‑00263‑CV, ___ SW3d ___, 12‑12‑07)

BARI WALKER v. TRAVELERS INDEMNITY COMPANY A/K/A TRAVELERS INSURANCE; from Harris County; 14th district (14‑07‑00238‑CV, ___ SW3d ___, 01‑15‑08)

DR. NYLA PTOMEY v. TEXAS TECH UNIVERSITY; from Lubbock County; 7th district (07‑06‑00332‑CV, 277 SW3d 487, 01‑20‑09)

$1,943.76 IN THE UNITED STATES CURRENCY, ET AL. v. THE STATE OF TEXAS; from Tarrant County; 2nd district (02‑07‑00021‑CV, ___ SW3d ___, 01‑29‑09)

JOE O'BRIEN, JACK GORDY AND CORPUS CHRISTI TAXPAYERS ASS'N, INC. v. CITY OF CORPUS CHRISTI, TEXAS; from Nueces County; 13th district (13‑08‑00267‑CV, ___ SW3d ___, 02‑05‑09)
as redrafted

THE SHED, LLC AND MARY ELLEN MALONE v. EDOM WASH 'N DRY, LLC; from Van Zandt County; 12th district (12‑07‑00431‑CV, ___ SW3d ___, 03‑18‑09)
2 petitions

LATOYA BASEY v. DAVITA, INC., D/B/A TOTAL RENAL CARE, NELDA BOATWRIGHT, AND FRESENIUS MEDICAL CARE HOLDING, INC., D/B/A FRESENIUS MEDICAL CARE NORTH AMERICA D/B/A NORTHWEST HOUSTON DIALYSIS, AND BIOMEDICAL APPLICATIONS OF TEXAS, INC.; from Harris County; 14th district (14‑07‑00925‑CV, ___ SW3d ___, 02‑24‑09)

KEITH RUSSELL JUDD v. KAREN Y. COREY-STEELE; from Ector County; 11th district (11‑09‑00002‑CV, ___ SW3d ___, 02‑26‑09)

CARROLL GRANT v. LAUGHLIN ENVIRONMENTAL, INC.; from Harris County; 1st district (01‑07‑00227‑CV, ___ SW3d ___, 12‑18‑08)

KRISTOFER THOMAS KASTNER v. MARTIN, DROUGHT AND TORRES, INC.; from Bexar County; 4th district (04‑08‑00779‑CV, ___ SW3d ___, 03‑11‑09)

JESUS GREGORIO LOPEZ v. JORGE AMADO LOPEZ; from Brooks County; 4th district (04‑08‑00178‑CV, ___ SW3d ___, 03‑11‑09)

PROFINANCE ASSOCIATES, INC. v. ROCHELLE COHEN-SAGI AND ANNETTE GOLDBERG; from Bexar County; 4th district (04‑08‑00181‑CV, ___ SW3d ___, 03‑04‑09)

IN THE INTEREST OF T.D.S.T. AND C.T., CHILDREN; from Childress County; 7th district (07‑08‑00399‑CV, ___ SW3d ___, 04‑15‑09)
as corrected

DAVID SWAAB v. JANIE SWAAB; from Harris County; 14th district (14‑06‑00593‑CV, 282 SW3d 519, 04‑24‑08)

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 v. O'CONNOR & HEWITT, LTD.; from Victoria County; 13th district (13‑07‑00299‑CV, 269 SW3d 90, 08‑26‑08)

ABRAHAM MATHEW, ET AL. v. SHEELA CHACKO, ET AL.; from Fort Bend County; 14th district (14‑07‑00613‑CV, ___ SW3d ___, 06‑12‑08)
as supplemented

MHI PARTNERSHIP, LTD. v. DH REAL ESTATE INVESTMENT COMPANY D/B/A DH INVESTMENT COMPANY; from Travis County; 3rd district (03‑04‑00485‑CV, ___ SW3d ___, 08‑20‑08)

HUGO XAVIER DE LOS SANTOS v. DONNA JOHNSON; from Nueces County; 13th district (13‑07‑00502‑CV, ___ SW3d ___, 08‑28‑08)

DONALD RAY MCCRAY v. LEE GLASS; from Travis County; 3rd district (03‑08‑00211‑CV, ___ SW3d ___, 10‑03‑08)

JUD WALTON AND JANET WALTON v. CITY OF MIDLAND, ENDEAVOR ENERGY RESOURCES, L.P., MICHAEL J. CANON, W. WESLEY PERRY, LUANN MORGAN, BERRY SIMPSON, WILLIAM F. DINGUS, SCOTT DUFFORD, VICKY HAILEY, MICHAEL TROST, JOHN JAMES AND TOMMY HUDSON; from Midland County; 11th district (11‑08‑00143‑CV, ___ SW3d ___, 01‑08‑09)

KRISTOFER THOMAS KASTNER v. MARTIN & DROUGHT, INC. F/K/A MARTIN, DROUGHT & TORRES, INC.; GERALD T. DROUGHT AND DAIN A. DREYER; from Bexar County; 4th district (04‑07‑00342‑CV, ___ SW3d ___, 02‑04‑09)

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

The motion for emergency temporary relief remains pending. Justice Brister would grant the motion.

IN RE THE HONORABLE GUY HERMAN; from Harris County; 1st district (01‑08‑00804‑CV, 276 SW3d 592, 12‑04‑08)
stay order issued March 6, 2009, lifted

IN RE ADT SECURITY SERVICES, S.A. DE C.V.; from Webb County; 4th district (04‑08‑00799‑CV, ___ SW3d ___, 02‑04‑09)
motion to strike portions of the mandamus record and appendix dismissed as moot
motion to supplement the mandamus record dismissed as moot

IN RE BARRY DWAYNE MINNFEE; from Potter County

IN RE JESSICA MARIE GARCIA; from Victoria County

The Court strikes the petition for writ of mandamus with the following notation: "The petition violates Texas Rules of Appellate Procedure 9.4(h), 52.3(j)(B), and 52.6 and is struck."

IN RE OLSHAN FOUNDATION REPAIR COMPANY, LLC AND OLSHAN FOUNDATION REPAIR COMPANY OF DALLAS, LTD.; from Wise County; 2nd district (02‑08‑00336‑CV, ___ SW3d ___, 10‑02‑08)
motion for temporary relief granted
stay order issued
requested response due by 3:00 p.m., July 13, 2009

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

IN RE OLSHAN FOUNDATION REPAIR COMPANY, LLC AND OLSHAN FOUNDATION REPAIR COMPANY OF DALLAS, LTD.; from Wise County; 2nd district (02‑08‑00342‑CV, ___ SW3d ___, 10‑02‑08)
motion for temporary relief granted
stay order issued
requested response due by 3:00 p.m., July 13, 2009

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

IN RE OLSHAN FOUNDATION REPAIR COMPANY, LLC AND OLSHAN FOUNDATION REPAIR COMPANY OF DALLAS, LTD.; from Dallas County; 5th district (05‑08‑01143‑CV, 277 SW3d 124, 02‑05‑09)
motion for temporary relief granted
stay order issued
requested response due by 3:00 p.m., July 13, 2009

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

WALTER LEE HALL, JR., IN ALL NECESSARY CAPACITY v. U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES NC 2005-HE4, ALL OTHER OCCUPANTS, SUCCESSORS IN INTEREST, AND/OR TRANSFEREES; from Travis County; 3rd district (03‑08‑00488‑CV, ___ SW3d ___, 12‑12‑08)
motion for temporary relief denied

[Note: The petition for review remains pending before this Court.]