
Orders Pronounced June 26, 2009
ORDERS ON CAUSES
| 06‑0911 |
EDWARDS AQUIFER AUTHORITY, ET AL. v. CHEMICAL LIME, LTD.; from Comal County; 3rd district (03‑04‑00379‑CV, 212 SW3d 683, 09‑14‑06) | |
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| 06‑1034 |
THE STATE OF TEXAS AND THE TEXAS DEPARTMENT OF
TRANSPORTATION v. GEORGE LUECK; from Travis County; 3rd district
(03‑05‑00510‑CV, 212 SW3d 630, 08‑16‑06) | |
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| 07‑0572 |
GAIL ASHLEY v. DORIS D. HAWKINS; from Montgomery County; 9th district (09‑06‑00359‑CV, ___ SW3d ___, 06‑07‑07) | |
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| 07‑0697 |
PAUL H. SMITH, ET AL. v. THOMAS O'DONNELL, EXECUTOR OF
THE ESTATE OF CORWIN DENNEY; from Bexar County; 4th district
(04‑04‑00108‑CV, 234 SW3d 135, 07‑25‑07) | |
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| 07‑0784 |
HARRY HOLMES, II, INDEPENDENT EXECUTOR OF THE ESTATE OF THOMAS J. HOLMES, SR., DECEASED AND AS TRUSTEE OF ANY TRUST NAMED AS A LEGATEE IN THE WILL OF THOMAS J. HOLMES, SR., DECEASED v. DOUGLAS G. BEATTY, INDEPENDENT EXECUTOR OF THE ESTATE OF KATHRYN V. HOLMES, DECEASED; from Harris County; 14th district (14‑03‑00663‑CV, 233 SW3d 475, 08‑14‑07) | |
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| 07‑0785 |
HARRY HOLMES, II, INDEPENDENT EXECUTOR OF THE ESTATE OF
THOMAS J. HOLMES, SR., DECEASED AND AS TRUSTEE OF ANY TRUST NAMED AS A
LEGATEE IN THE WILL OF THOMAS J. HOLMES, SR., DECEASED v. DOUGLAS G.
BEATTY, INDEPENDENT EXECUTOR OF THE ESTATE OF KATHRYN V. HOLMES, DECEASED;
from Harris County; 14th district
(14‑05‑00474‑CV, 233 SW3d 494, 08‑14‑07) | |
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| 07‑1051 |
GALBRAITH ENGINEERING CONSULTANTS, INC. v. SAM POCHUCHA
AND JEAN POCHUCHA; from Bexar County; 4th district
(04‑07‑00119‑CV, 243 SW3d 138, 09‑12‑07) | |
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| 08‑0061 |
THE STATE OF TEXAS v. CENTRAL EXPRESSWAY SIGN ASSOCIATES, ET AL.; from Dallas County; 5th district (05‑06‑00003‑CV, 238 SW3d 800, 08‑31‑07) | |
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| 08‑0584 |
IN RE MACY'S TEXAS, INC.; from Bexar County; 4th district
(04‑08‑00469‑CV, ___ SW3d ___, 07‑23‑08) | |
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| 08‑0705 |
IN THE MATTER OF BOMA O. ALLISON | |
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THE MOTION IN THE FOLLOWING CAUSE IS GRANTED:
| 06‑0372 |
COLUMBIA RIO GRANDE HEALTHCARE, L.P. D/B/A RIO GRANDE
REGIONAL HOSPITAL v. ALICE H. HAWLEY AND JAMES A. HAWLEY; from Hidalgo
County; 13th district
(13‑03‑00427‑CV, 188 SW3d 838, 03‑23‑06) |
THE MOTION FOR REHEARING OF THE FOLLOWING CAUSE IS DENIED:
| 04‑1118 |
CITY OF SAN ANTONIO v. CHARLES POLLOCK AND TRACY POLLOCK, INDIVIDUALLY AND AS NEXT FRIENDS OF SARAH JANE POLLOCK, A MINOR CHILD; from Bexar County; 4th district (04‑03‑00403‑CV, 155 SW3d 322, 08‑18‑04) | |
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ORDERS ON CASES GRANTED
THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
| 06‑1018 |
D.R. HORTON-TEXAS, LTD. v. MARKEL INTERNATIONAL INSURANCE
COMPANY, LTD.; from Harris County; 14th district
(14‑05‑00486‑CV, ___ SW3d ___, 10‑26‑06) | |
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| 08‑0215 |
UNIVERSITY OF TEXAS SOUTHWESTERN MEDICAL CENTER AT DALLAS
v. THE ESTATE OF IRENE ESTHER ARANCIBIA BY ITS BENEFICIARY VICTOR HUGO
VASQUEZ-ARANCIBIA, VICTOR HUGO VASQUEZ-ARANCIBIA, INDIVIDUALLY, AND
CECILIA VASQUEZ-ARANCIBIA, INDIVIDUALLY; from Dallas County; 5th district
(05‑07‑00499‑CV, 244 SW3d 455, 11‑20‑07) | |
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| 08‑0419 |
THE UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT SAN ANTONIO v. KIA BAILEY, INDIVIDUALLY AND LARRY BAILEY, INDIVIDUALLY; from Bexar County; 4th district (04‑07‑00323‑CV, 261 SW3d 147, 04‑16‑08) | |
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| 08‑0658 |
CARROLL G. ROBINSON, BRUCE R. HOTZE AND JEFFREY N. DAILY v. BILL WHITE, MAYOR; CITY OF HOUSTON; HOUSTON CITY COUNCIL, ET AL.; from Harris County; 14th district (14‑06‑00167‑CV, 260 SW3d 463, 04‑03‑08) | |
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ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITION FOR REVIEW IS ABATED:
| 08‑0990 |
ANTHONY AUTHORLEE, DEXTER BURNETT, ROBERT DEROUSSELLE,
JOHN HENRY YOUNG, JEROME STUBBLEFIELD AND FLOYD MORAN v. TUBOSCOPE VETCO
INTERNATIONAL, INC., AMF INCORPORATED AND MINSTAR, INC.; from Harris
County; 1st district
(01‑06‑00719‑CV, 274 SW3d 111, 08‑28‑08) |
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
| 08‑0867 |
JOE POOL AND LESLIE POOL v. GALLE, INC.; from Travis County; 3rd district (03‑07‑00619‑CV, 262 SW3d 564, 08‑29‑08) |
| 09‑0175 |
IN THE MATTER OF J.J., A CHILD; from Travis County; 3rd district (03‑08‑00023‑CV, 276 SW3d 171, 12‑31‑08) |
| 09‑0209 |
DRALVES GENE EDWARDS, M.D. v. BLUE CROSS BLUE SHIELD OF TEXAS, A DIVISION OF HEALTH CARE SERVICE CORP.; from Dallas County; 5th district (05‑07‑01281‑CV, ___ SW3d ___, 12‑19‑08) |
| 09‑0210 |
KAUFMAN COUNTY, TEXAS, WAYNE GENT, JIM DELLER, GERALD ROWDEN, KENNETH SCHOEN, KEN LEONARD AND HAL D. JONES v. JO ANN E. COMBS; from Kaufman County; 5th district (05‑07‑01152‑CV, 274 SW3d 922, 12‑30‑08) |
| 09‑0261 |
JAY KENNEDY v. ANGELA M. JOHNSON; from Harris County; 14th district (14‑08‑00692‑CV, ___ SW3d ___, 02‑05‑09) |
| 09‑0287 |
YIQING FENG v. SABIC AMERICAS, INC.; from Harris County;
14th district
(14‑07‑00699‑CV, ___ SW3d ___, 03‑17‑09) |
| 09‑0322 |
JUDY S. BAGGS AND MICHAEL J. BAGGS v. DENNIS BECKER AND SHANNON BRAY; from Bastrop County; 3rd district (03‑07‑00731‑CV, ___ SW3d ___, 02‑06‑09) |
| 09‑0354 |
LAWRENCE EDWARD THOMPSON v. JOSE ALISEDA AND RISSIE OWENS; from Bee County; 13th district (13‑08‑00417‑CV, ___ SW3d ___, 01‑29‑09) |
| 09‑0392 |
TERENCE A. MIKKELSEN v. PHILLIP H. PURDIE; from Dallas County; 5th district (05‑07‑01759‑CV, ___ SW3d ___, 02‑18‑09) |
| 09‑0406 |
IN THE MATTER OF THE GUARDIANSHIP OF LUKE FORREST
HUMPHREY, AN INCAPACITATED PERSON; from Smith County; 12th district
(12‑07‑00118‑CV, ___ SW3d ___, 02‑18‑09) |
THE FOLLOWING PETITION FOR REVIEW IS STRUCK PURSUANT TO TEXAS RULE OF APPELLATE PROCEDURE 9.4(i):
| 09‑0381 |
JOHN A. LYONS v. LAURI D. LYONS; from Bexar County; 4th
district
(04‑08‑00259‑CV, ___ SW3d ___, 01‑14‑09) The Court strikes the redrafted petition for review with the following notation: "The petition violates Texas Rules of Appellate Procedure 9.4(d) and 53.6 and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed by July 6, 2009." |
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
| 09‑0121 |
ROBIN W. EISENHAUER v. TEXAS DEP'T OF TRANSPORTATION & ORVAL HALL EXCAVATING, LTD.; from Tarrant County; 2nd district (02‑08‑00216‑CV, ___ SW3d ___, 01‑08‑09) |
| 09‑0133 |
AMERICAN BANK OF COMMERCE v. DANNY S. DAVIS; from Travis County; 3rd district (03‑07‑00264‑CV, ___ SW3d ___, 12‑31‑08) |
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
| 09‑0167 |
IN RE KENNETH RAY BROWN; from Harris County; 10th district (10‑83‑00095‑CR, ___ SW3d ___, 01‑21‑88) |
| 09‑0219 |
IN RE BARRY DWAYNE MINNFEE; from Potter County; 7th district (07‑08‑00420‑CV, ___ SW3d ___, 10‑21‑08) |
MISCELLANEOUS
THE FOLLOWING DIRECT APPEAL IS DISMISSED:
| 09‑0511 |
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 FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
| 09‑0429 |
IN RE BORIS TWAIN CLEWIS; from Harris County; 14th
district
(14‑09‑00272‑CV, ___ SW3d ___, 04‑07‑09) |
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED:
| 09‑0278 |
IN RE WILD OATS MARKETS, INC. AND WHOLE FOODS MARKET
INC.; from Montgomery County; 9th district
(09‑09‑00031‑CV, ___ SW3d ___, 04‑02‑09) | |
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THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED WITHOUT PREJUDICE:
| 09‑0205 |
IN RE AUSTIN INDEPENDENT SCHOOL DISTRICT; from Travis County; 3rd district (03‑08‑00732‑CV, ___ SW3d ___, 02‑12‑09) |
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS ABATED:
| 09‑0221 |
IN RE MARIA CRISTINA BRITTINGHAM-SADA, DANIEL MILMO
BRITTINGHAM, AND MARIA CRISTINA LOBEIRA-BRITTINGHAM; from Webb County; 4th
district
(04‑08‑00688‑CV, ___ SW3d ___, 02‑04‑09) |
THE DECISIONS OF THE BOARD OF DISCIPLINARY APPEALS IN THE FOLLOWING APPEALS ARE AFFIRMED:
| 08‑0469 |
GENE R. ROSAS v. COMMISSION FOR LAWYER DISCIPLINE FOR THE
STATE OF TEXAS |
| 08‑0711 |
BETTY STOVALL CLARK v. COMMISSION FOR LAWYER DISCIPLINE |
| 08‑0902 |
JOHN R. PERRY v. COMMISSION FOR LAWYER DISCIPLINE |