Orders Pronounced September 25, 2009
ORDERS ON CAUSES
| 08‑0740 |
IN RE UNION PACIFIC RAILROAD COMPANY; from Bexar County; 4th district (04‑08‑00388‑CV, ___ SW3d ___, 08‑20‑08) | |
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THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:
| 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) |
| 07‑0665 |
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) | |
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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) |
| 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) |
ORDERS ON CASES GRANTED
THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
| 08‑0523 |
TEXAS LOTTERY COMMISSION v. FIRST STATE BANK OF DEQUEEN;
STONE STREET CAPITAL, INC.; AND CLETIUS L. IRVAN; from Travis County; 3rd
district
(03‑07‑00249‑CV, 254 SW3d 677, 05‑16‑08) | |
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| 08‑0592 |
FRESH COAT, INC. v. K-2, INC.; from Montgomery County;
9th district
(09‑06‑00251‑CV, 253 SW3d 386, 04‑17‑08) | |
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ORDERS ON PETITIONS FOR REVIEW
SOLICITOR GENERAL INVITED TO FILE BRIEF:
| 08‑1046 |
IN RE MEMORIAL HERMANN HEALTHCARE SYSTEM AND MEMORIAL HERMANN HOSPITAL SYSTEM; from Harris County; 14th district (14‑08‑00204‑CV, 274 SW3d 195, 10‑09‑08) | |
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THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
| 08‑0755 |
CITY OF DEL RIO v. CLAYTON SAM COLT HAMILTON TRUST, BY AND THROUGH ITS TRUSTEE, J.R. HAMILTON; from Val Verde County; 4th district (04‑06‑00782‑CV, 269 SW3d 613, 02‑27‑08) |
| 08‑0881 |
IN THE MATTER OF T.A., A JUVENILE; from Midland County;
11th district
(11‑06‑00342‑CV, ___ SW3d ___, 09‑04‑08) |
| 08‑0917 |
IN THE INTEREST OF J.I.M., A MINOR; from El Paso County; 8th district (08‑05‑00302‑CV, 281 SW3d 504, 08‑21‑08) |
| 08‑0940 |
TENNESSEE GAS PIPELINE COMPANY v. TECHNIP USA CORPORATION
AND TECHNIP, S.A.; from Harris County; 1st district
(01‑06‑00535‑CV, ___ SW3d ___, 12‑21‑07) |
| 09‑0037 |
AIG ANNUITY INSURANCE COMPANY, ET AL. v. SEARS, ROEBUCK AND CO.; from Dallas County; 5th district (05‑07‑00758‑CV, 270 SW3d 632, 08‑21‑08) |
| 09‑0050 |
JOHNNY RODRIGUEZ, JR. v. ICON BENEFIT ADMINISTRATORS, INC.; from Lubbock County; 7th district (07‑07‑00039‑CV, ___ SW3d ___, 10‑15‑08) |
| 09‑0085 |
DICK'S LAST RESORT OF THE WEST END, INC., DICK'S LAST RESORT OF DALLAS, INC., DICK'S LAST RESORT OF TEXAS, INC., DICK'S LAST RESORT OF CHICAGO, INC., DICK'S HOLDING COMPANY, INC. AND STEVEN SCHIFF v. MARKET/ROSS, LTD. AND WILLIAM H. NABORS; from Dallas County; 5th district (05‑07‑01220‑CV, 273 SW3d 905, 12‑31‑08) |
| 09‑0104 |
MARBLE FALLS INDEPENDENT SCHOOL DISTRICT v. ROBERT SCOTT, HONORABLE COMMISSIONER OF EDUCATION FOR THE STATE OF TEXAS, THORNTON KEEL, DONNA KEEL, MICHAEL HELLRUNG, DONNA HELLRUNG, WILLIAM PASCHALL, DAVID WOMACK, NATALIE KLOSS, DARRYL HUBBELL AND AMY HUBBELL; from Travis County; 3rd district (03‑07‑00576‑CV, 275 SW3d 558, 11‑14‑08) |
| 09‑0138 |
CITY OF AUSTIN, ET AL. v. NORTHWEST AUSTIN MUNICIPAL
UTILITY DISTRICT NO. 1, ET AL.; from Travis County; 3rd district
(03‑04‑00240‑CV, 274 SW3d 820, 11‑14‑08) |
| 09‑0248 |
DEWAYNE FUNDERBURK, AS NEXT FRIEND OF WHITNEY FUNDERBURK
v. RORY LEWIS, M.D.; from Limestone County; 10th district
(10‑05‑00197‑CV, ___ SW3d ___, 12‑31‑08) |
| 09‑0325 |
AON RISK SERVICES OF TEXAS, INC. v. HORIZON OFFSHORE CONTRACTORS, INC. AND HORIZON VESSELS, INC.; from Harris County; 14th district (14‑07‑00549‑CV, 283 SW3d 53, 03‑12‑09) |
| 09‑0329 |
TRINITY RIVER AUTHORITY OF TEXAS v. BOYER, INC.; from Tarrant County; 2nd district (02‑07‑00052‑CV, 279 SW3d 354, 01‑17‑08) |
| 09‑0335 |
H.C. BECK PARTNERS, LTD. v. AUSTIN INDEPENDENT SCHOOL DISTRICT; from Travis County; 3rd district (03‑07‑00228‑CV, ___ SW3d ___, 03‑13‑09) |
| 09‑0383 |
EMORY B. PERRY, ET AL. v. DARRYL R. COHEN, ET AL.; from Travis County; 3rd district (03‑05‑00786‑CV, 285 SW3d 137, 03‑26‑09) | |
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| 09‑0386 |
RAYMOND SOMERS, DERIVATIVELY ON BEHALF OF EGL, INC. v.
JAMES R. CRANE, MILTON CARROLL, JAMES C. FLAGG, FRANK J. HEVRDEJS, PAUL W.
HOBBY, MICHAEL K. JHIN, NEIL E. KELLEY, SHERMAN WOLFF, CENTERBRIDGE
PARTNERS, L.P., THE WOODBRIDGE CO. LTD. AND NOMINAL DEFENDANT EGL, INC.;
from Harris County; 1st district
(01‑07‑00754‑CV, ___ SW3d ___, 03‑26‑09) | |
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| 09‑0394 |
RAYMOND SOMERS, DERIVATIVELY ON BEHALF OF EGL, INC. v. JAMES R. CRANE, MILTON CARROLL, JAMES C. FLAGG, FRANK J. HEVRDEJS, PAUL W. HOBBY, MICHAEL K. JHIN, NEIL E. KELLEY, SHERMAN WOLFF, CENTERBRIDGE PARTNERS, L.P., THE WOODBRIDGE CO. LTD. AND NOMINAL DEFENDANT EGL, INC.; from Harris County; 1st district (01‑08‑00119‑CV, ___ SW3d ___, 03‑26‑09) |
| 09‑0390 |
ZURICH AMERICAN INSURANCE COMPANY v. SANDRA DEBOSE; from Harris County; 1st district (01‑08‑00717‑CV, ___ SW3d ___, 03‑26‑09) |
| 09‑0398 |
C. SPRINGS 300, LTD. v. HARTFORD FIRE INSURANCE COMPANY; from Harris County; 1st district (01‑06‑00065‑CV, 287 SW3d 771, 04‑16‑09) |
| 09‑0423 |
GLORIA CELESTE LOVING v. CITY OF HOUSTON; from Harris County; 14th district (14‑07‑00621‑CV, 282 SW3d 555, 01‑08‑09) |
| 09‑0434 |
LILLIAN MARIAN FOOTE TIGARD, ET AL. v. SEYED HASSAN MOOSAVIDEEN; from Harris County; 1st district (01‑06‑00002‑CV, ___ SW3d ___, 11‑20‑08) |
| 09‑0484 |
THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, GALLAGHER BASSETT SERVICES, INC. AND BELINDA YBARRA v. SUE ANN STINSON; from Harris County; 14th district (14‑07‑00698‑CV, 286 SW3d 77, 04‑30‑09) |
| 09‑0492 |
MOTIENT CORPORATION v. HIGHLAND CRUSADER OFFSHORE PARTNERS, L.P.; HIGHLAND EQUITY FOCUS FUND, L.P.; HIGHLAND CAPITAL MANAGEMENT, L.P.; HIGHLAND CAPITAL MANAGEMENT SERVICES, INC.; from Dallas County; 5th district (05‑07‑01735‑CV, 281 SW3d 237, 03‑06‑09) |
| 09‑0498 |
BEDRIJE HAJDARI SEYMOUR v. FLOYD DAVID SEYMOUR; from Harris County; 14th district (14‑07‑00280‑CV, ___ SW3d ___, 02‑24‑09) |
| 09‑0503 |
RICHARD LOUIS SIMMONS AND LINDIG CONSTRUCTION AND TRUCKING, INC. v. EDMOND L. BISLAND III AND RHONDA BISLAND; from Hays County; 3rd district (03‑08‑00141‑CV, ___ SW3d ___, 04‑09‑09) |
| 09‑0509 |
JAY PETROLEUM, L.L.C. v. EOG RESOURCES, INC. F/K/A ENRON OIL & GAS COMPANY; from Harris County; 1st district (01‑08‑00541‑CV, ___ SW3d ___, 05‑07‑09) | |
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| 09‑0527 |
XTRIA LLC v. INTERNATIONAL INSURANCE ALLIANCE INCORPORATED; from Dallas County; 6th district (06‑08‑00073‑CV, 286 SW3d 583, 05‑15‑09) |
| 09‑0546 |
SALLY DOE v. TEXAS ASSOCIATION OF SCHOOL BOARDS, INC. AND TEXAS ASSOCIATION OF SCHOOL BOARDS RISK MANAGEMENT FUND; from Denton County; 2nd district (02‑08‑00266‑CV, 283 SW3d 451, 03‑05‑09) |
| 09‑0548 |
CLIFTON JERRY LANDRY v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE - INSTITUTIONAL DIVISION, COMMISSARY AND TRUST FUND DEPARTMENT, ET AL.; from Walker County; 10th district (10‑09‑00108‑CV, ___ SW3d ___, 05‑20‑09) |
| 09‑0553 |
DERWEN RESOURCES, LLC AND SHRINERS HOSPITALS FOR CHILDREN, INC. v. CARRIZO OIL & GAS, INC.; from Liberty County; 9th district (09‑07‑00597‑CV, ___ SW3d ___, 05‑28‑09) |
| 09‑0608 |
ANDREW R. MIRELES v. JENNIFER S. MIRELES; from Harris County; 1st district (01‑08‑00499‑CV, ___ SW3d ___, 04‑02‑09) |
| 09‑0611 |
YIGAL BOSCH v. MARK S. ARMSTRONG, PAUL BAILIFF AND SQUIRE, SANDERS AND DEMPSEY, L.L.P.; from Harris County; 1st district (01‑08‑00847‑CV, ___ SW3d ___, 06‑11‑09) |
| 09‑0664 |
XIAO YU ZHONG AND YING CHUN MA, INDIVIDUALLY AND AS NEXT FRIEND OF HONG YA ZHONG AND DAONAN HE, MINOR CHILDREN v. SUNBLOSSOM GARDENS, L.L.C. D/B/A SUNBLOSSOM GARDENS; from Harris County; 1st district (01‑08‑00470‑CV, ___ SW3d ___, 04‑30‑09) |
| 09‑0666 |
BRUCE Q. MARTIN v. DENISE L. MARTIN; from Grayson County; 5th district (05‑07‑01571‑CV, 287 SW3d 260, 04‑13‑09) |
| 09‑0676 |
JACK D. BROCK v. JULIE FREDERICK TANDY; from Tarrant County; 2nd district (02‑08‑00400‑CV, ___ SW3d ___, 07‑02‑09) |
| 09‑0684 |
IN RE COMMITMENT OF DON DAVIS, JR.; from Montgomery County; 9th district (09‑08‑00124‑CV, ___ SW3d ___, 06‑25‑09) |
| 09‑0690 |
RAGHBIR SANDHU v. PINGLIA INVESTMENTS OF TEXAS, L.L.C. AND SUMMER PINGLIA; from Harris County; 14th district (14‑08‑00184‑CV, ___ SW3d ___, 06‑25‑09) |
| 09‑0749 |
PHILL RAIJE RIAN v. TEXAS DEPARTMENT OF FAMILY AND
PROTECTIVE SERVICES; from Williamson County; 3rd district
(03‑08‑00155‑CV, ___ SW3d ___, 07‑31‑09) |
ORDERS ON MOTIONS FOR REHEARING
THE MOTION FOR REHEARING OF THE FOLLOWING DIRECT APPEAL IS DENIED:
| 09‑0638 |
IN THE MATTER OF THE ESTATE OF WALTER ARTHUR KRIEGEL, DECEASED; from Parmer County |
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
| 09‑0287 |
YIQING FENG v. SABIC AMERICAS, INC.; from Harris County; 14th district (14‑07‑00699‑CV, ___ SW3d ___, 03‑17‑09) |
| 09‑0376 |
ROSE MCCULLOUGH v. DEVON ENERGY PRODUCTION COMPANY, LLP.; from Johnson County; 10th district (10‑08‑00005‑CV, ___ SW3d ___, 07‑30‑08) |
| 09‑0384 |
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) |
MISCELLANEOUS
THE FOLLOWING DIRECT APPEAL IS DISMISSED:
| 09‑0795 |
IN RE GUARDIANSHIP OF MARIE MAGDALENA KRIEGEL; from Parmer County |
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
| 08‑1039 |
IN RE SHIPPERS STEVEDORING COMPANY; from Harris County; 14th district (14‑08‑00438‑CV, 274 SW3d 840, 11‑20‑08) | |
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| 09‑0118 |
IN RE POSTEL INDUSTRIES, INC.; from Harris County (01‑08‑00981‑CV, ___ SW3d ___, 02‑02‑09) |
| 09‑0485 |
IN RE N.I.A. NATIONAL INSURANCE AGENCY, INC., NIA-ASSET PROTECTION GROUP, INC. AND LARRY G. MCCLENDON; from Dallas County; 5th district (05‑09‑00499‑CV, ___ SW3d ___, 05‑13‑09) |
| 09‑0489 |
IN RE CHERYL PARKER; from Harris County; 1st district (01‑09‑00439‑CV, ___ SW3d ___, 05‑29‑09) |
| 09‑0493 |
IN RE SHEILA RENEE HALEY; from Montgomery County; 9th
district
(09‑08‑00268‑CV, ___ SW3d ___, 08‑14‑08) |
| 09‑0626 |
IN RE KENNETH FIELDS AND THE OFFICE OF STATE COUNSEL FOR OFFENDERS; from Montgomery County; 9th district (09‑09‑00202‑CV& 09‑09‑00005‑CV, ___ SW3d ___, 07‑16‑09) |
| 09‑0695 |
IN RE JOHN KOO-HYUN KIM; from Travis County; 3rd district (03‑07‑00320‑CV, ___ SW3d ___, 07‑06‑07) |
| 09‑0803 |
IN RE ADVOCARE INTERNATIONAL, LP; from Dallas County; 5th
district
(05‑08‑01626‑CV, ___ SW3d ___, 01‑30‑09) |
A STAY IS ISSUED IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS:
| 09‑0806 |
IN RE MEDICALEDGE HEALTHCARE GROUP, P.A., ET AL.; from
Dallas County; 5th district
(05‑09‑01126‑CV, ___ SW3d ___, 09‑24‑09) | |
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THE FOLLOWING MOTIONS ARE DENIED:
| 09‑0761 |
IN RE ART HARRIS; from Harris County; 1st district
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| 09‑0768 |
IN RE LIFEGUARD BENEFIT SERVICES, INC. AND THE AMACORE
GROUP, INC.; from Tarrant County; 2nd district | |
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