Texas state seal

THE SUPREME COURT OF TEXAS


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)

 


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

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

Justice Brister delivered a concurring opinion.

Justice Willett delivered a concurring opinion.

 
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)
motion to dismiss denied

 


The Court reverses the court of appeals' judgment and dismisses the case for lack of jurisdiction.

Justice Green delivered the opinion of the Court.

 
07‑0572 

GAIL ASHLEY v. DORIS D. HAWKINS; from Montgomery County; 9th district (09‑06‑00359‑CV, ___ SW3d ___, 06‑07‑07)

 


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

Justice Green delivered the opinion of the Court.

 
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)
2 petitions

 


The Court affirms the court of appeals' judgment.

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

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

(Justice Hecht and Justice Green not sitting)

 
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)

 


consolidated with

 
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)
2 petitions

 


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

Chief Justice Jefferson delivered the opinion of the Court.

 
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)
motion for leave to file response to post submission brief granted

 


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

Justice Medina delivered the opinion of the Court.

 
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)

 


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

Justice O'Neill delivered the opinion of the Court.

 
08‑0584 

IN RE MACY'S TEXAS, INC.; from Bexar County; 4th district (04‑08‑00469‑CV, ___ SW3d ___, 07‑23‑08)
stay order issued October 10, 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

 
08‑0705 

IN THE MATTER OF BOMA O. ALLISON

 


The Court affirms the Board of Disciplinary Appeals' judgment.

Chief Justice Jefferson delivered the opinion of the Court.

 

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)
respondents' motion for expedited issuance of the mandate granted

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)

 


(Justice Green not sitting)

 

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)
denial of petition for review on February 13, 2009, withdrawn
motion for rehearing granted

 


[Note: The date and time for oral argument are yet to be determined.]

 
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)
denial of petition for review on April 17, 2009, withdrawn
motion for rehearing granted

 


[Note: The date and time for oral argument are yet to be determined.]

 
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)

 


[Note: The date and time for oral argument are yet to be determined.]

 
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)

 


[Note: The date and time for oral argument are yet to be determined.]

 

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)
abatement order issued

[Note: Effective June 1, 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 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)
as redrafted


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)
2 petitions


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)
as redrafted

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)
designation of the records for petition for review, being treated as motion to request record, denied


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)
joint motion to dismiss petition for writ of mandamus granted
stay order issued May 13, 2009, lifted

 


(Justice O'Neill not sitting)

 

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)
joint motion to abate petition for writ of mandamus granted
abatement order issued

[Note: The case is abated until further order of this Court and is removed from the Court's active docket subject to reinstatement upon proper motion. All other documents pending or filed are abated subject to being reurged in the event the case is reinstated. It is the parties' responsibility to immediately notify this Court of any changes in the settlement proceedings on or before July 15, 2009.]


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
motion to strike exhibits dismissed as moot


08‑0711 

BETTY STOVALL CLARK v. COMMISSION FOR LAWYER DISCIPLINE


08‑0902 

JOHN R. PERRY v. COMMISSION FOR LAWYER DISCIPLINE