THE SUPREME COURT OF TEXAS

IN RE HAROLD R. SCHMITZ, ET AL.; from Bexar County; 4th district (04‑07‑00359‑CV, ___ SW3d ___, 07‑11‑07)

The Court conditionally grants the petition for writ of mandamus.

Justice Brister delivered the opinion of the Court.

(Chief Justice Jefferson not sitting)

TEXAS DEPARTMENT OF TRANSPORTATION v. JIMMY DON YORK, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF REBECCA YORK, DECEASED AND JAMES R. BODIFORD, JR., INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF REBECCA YORK, TONYA BODIFORD, AND SHIRLEY FOWLER; from Robertson County; 10th district (10‑06‑00210‑CV, 234 SW3d 212, 08‑08‑07)
motion for rehearing granted

The Court's opinion and judgment of December 5, 2008 are withdrawn and the opinion and judgment of this date are substituted.

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 dismisses the case.

Per Curiam Opinion

Justice O'Neill notes her dissent to granting the motion for rehearing

TEXAS DEPARTMENT OF TRANSPORTATION v. STEPHANIE GUTIERREZ AND RONNIE GUTIERREZ; from Jim Wells County; 4th district (04‑06‑00583‑CV, 243 SW3d 127, 09‑05‑07)

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 dismisses the case.

Per Curiam Opinion

DALLAS COUNTY v. KIM POSEY, ET AL.; from Dallas County; 5th district (05‑06‑01373‑CV, 239 SW3d 336, 08‑28‑07)

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

Per Curiam Opinion

IN THE INTEREST OF J.R.S., J.L.S. AND B.L.N.S., CHILDREN; from Young County; 2nd district (02‑08‑00034‑CV, ___ SW3d ___, 02‑05‑09)
as redrafted

VINCENT WRENCHER, SR. v. STEPHANIE WRENCHER; from Travis County; 3rd district (03‑08‑00156‑CV, ___ SW3d ___, 02‑06‑09)

KENNETH HILL v. BRUCE W. SMITH, M.D., MICHELLE LASTRAPE, P.A. AND KATHRYN BELL; from Brazoria County; 14th district (14‑08‑01016‑CV, ___ SW3d ___, 02‑19‑09)
as amended

DIANA L. KABBANI AND JULIA S. KABBANI, MINOR CHILDREN AND TERESA J. LAUDERDALE v. IMOGEN S. PAPADOPOULOS AND LAW OFFICE OF IMOGEN PAPADOPOULOS; from Harris County; 1st district (01‑07‑00191‑CV, ___ SW3d ___, 02‑26‑09)

UHS OF TIMBERLAWN, INC. v. S.B., A MINOR, BY AND THROUGH HER NEXT FRIEND A.B.; from Dallas County; 5th district (05‑08‑00222‑CV, ___ SW3d ___, 02‑24‑09)

IN THE INTEREST OF J.F., J.J. AND J.J., CHILDREN; from Tarrant County; 2nd district (02‑08‑00183‑CV, ___ SW3d ___, 03‑26‑09)

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)

The Court strikes the petition for review with the following notation: "The petition violates Texas Rules of Appellate Procedure 9.4(e) and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed by June 1, 2009."

RICHARD LUNA, INDIVIDUALLY AND D/B/A RICHARD'S MACHINE SERVICES v. DANIEL C. RUNYON AND AUTO, BUS & TRUCK, LP; from Travis County; 3rd district (03‑06‑00615‑CV, ___ SW3d ___, 07‑03‑08)

SHEILA B. THURLOW v. THOMAS N. THURLOW; from Montgomery County; 9th district (09‑06‑00522‑CV, ___ SW3d ___, 11‑26‑08)

MARIE PFISTNER DELAHOUSSAYE v. LISA DELAHOUSSAYE KANA; from Chambers County; 1st district (01‑07‑00579‑CV, ___ SW3d ___, 11‑13‑08)

CLIFF AND LETICIA MCKELVY v. STATE FARM LLOYDS, KINGDOM ASSOCIATES, INC. D/B/A SERVICEMASTER BAY AREA AND ROBERT LLORENTE; from Matagorda County; 13th district (13‑08‑00270‑CV, ___ SW3d ___, 11‑06‑08)

CARLYN BAILEY-MASON v. RAE BLACK MASON; from Dallas County; 5th district (05‑07‑01257‑CV, ___ SW3d ___, 12‑10‑08)

LAURANCE KRIEGEL v. DIVERSIFIED FINANCIAL SERVICES, LLC, ET AL.; from Parmer County

KIRK WAYNE MCBRIDE, SR. v. TEXAS BOARD OF PARDONS AND PAROLES, AND RESSIE OWENS, CHAIRMAN; from Bee County; 13th district (13‑05‑00559‑CV, ___ SW3d ___, 02‑21‑08)
abatement order issued January 9, 2009, lifted
petition reinstated

IN RE CLIFF AND LETICIA MCKELVY; from Matagorda County; 13th district (13‑08‑00270‑CV, ___ SW3d ___, 11‑06‑08)

IN RE JOSEPH EARL WATSON; from Parker County; 2nd district (02‑08‑00354‑CV, ___ SW3d ___, 04‑02‑09)
motion for emergency temporary relief denied

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