Texas state seal

THE SUPREME COURT OF TEXAS


Orders Pronounced April 2, 2010

ORDERS ON CAUSES

06‑1022 

DEL LAGO PARTNERS, INC., AND DEL LAGO PARTNERS, L.P. DOING BUSINESS UNDER THE ASSUMED NAME OF DEL LAGO GOLF RESORT & CONFERENCE CENTER, AND BMC-THE BENCHMARK MANAGEMENT COMPANY v. BRADLEY SMITH; from Montgomery County; 10th district (10‑04‑00252‑CV, 206 SW3d 146, 10‑11‑06)

 


The Court affirms the court of appeals' judgment.

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

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

Justice Wainwright delivered a dissenting opinion.

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

 

THE MOTION IN THE FOLLOWING CAUSE IS DENIED:

08‑0961 

MARIA DEL CARMEN GUILBOT SERROS DE GONZALEZ, ET AL. v. MIGUEL ANGEL GONZALEZ GUILBOT, CARLOS A. GONZALEZ GUILBOT, AND MARIA ROSA DEL ARENA DE GONZALEZ; from Harris County; 14th district (14‑07‑00047‑CV, 267 SW3d 556, 09‑30‑08)
motion to strike post-submission brief denied

 


(Justice Guzman not sitting)

 

ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

08‑0030 

BRAEBURN PRESBYTERIAN CHURCH v. JOHNNIE WILSON; from Harris County; 14th district (14‑06‑00215‑CV, 244 SW3d 469, 11‑27‑07)


09‑0967 

JOHN T. JENKINS v. WM SPECIALTY MORTGAGE, LLC, ET AL.; from Dallas County; 5th district (05‑08‑00842‑CV, ___ SW3d ___, 08‑12‑09)
as redrafted
motion to compel with sanctions denied


09‑1070 

IN THE INTEREST OF R.E.G., A CHILD; from Cameron County; 13th district (13‑08‑00335‑CV, ___ SW3d ___, 11‑12‑09)


10‑0100 

ALONSO CHAPA v. HUE NGUYEN AND SOUTHWEST NATIONAL BANK; from Harris County; 14th district (14‑08‑00634‑CV, ___ SW3d ___, 12‑22‑09)


10‑0107 

ALEX YOVAN AND PHILLIP YOVAN v. ANNA MARIE NGUYEN; from Galveston County; 1st district (01‑07‑00660‑CV, ___ SW3d ___, 10‑01‑09)


10‑0169 

IN THE INTEREST OF K.J.S.; from Harris County; 14th district (14‑08‑01091‑CV, 302 SW3d 436, 11‑17‑09)

 


(Justice Guzman not sitting)

 

ORDERS ON MOTIONS FOR REHEARING

THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

09‑0647 

THE DANESHJOU COMPANY, INC. AND M.B. "BENNY" DANESHJOU v. SANDRA BULLOCK, ET AL.; from Travis County; 3rd district (03‑05‑00106‑CV, ___ SW3d ___, 03‑27‑09)
joint motion to dismiss petition for review dismissed as moot


09‑1001 

DONALD RAY MCRAY v. CLERK OF THE COURT; from Dallas County; 5th district (05‑08‑01398‑CV, ___ SW3d ___, 10‑01‑09)



MISCELLANEOUS

THE FOLLOWING CASE IS REINSTATED:

09‑0896 

DARLENE C. AMRHEIN v. LA MADELEINE, INC.; from Dallas County; 5th district (05‑08‑00350‑CV, ___ SW3d ___, 06‑30‑09)
motion to reinstate case granted
abatement order issued December 18, 2009, lifted


The Court struck the petition for review on December 11, 2009 with the following notation: "The petition violates Texas Rule of Appellate Procedure 9.4(e) and is struck." Petitioner is ordered to redraw; the redrawn petition is due to be filed by April 16, 2010.


THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:

10‑0192 

IN RE JESSICA DELGADO; from Bexar County; 4th district (04‑10‑00077‑CV, ___ SW3d ___, 02‑10‑10)
motion for emergency relief denied


THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS STRUCK PURSUANT TO TEXAS RULE OF APPELLATE PROCEDURE 9.4(i):

10‑0228 

IN RE NICHOLAS XENOS; from Travis County; 3rd district (03‑09‑00418‑CV, ___ SW3d ___, 01‑19‑10)
motion to exceed page limit denied


The Court strikes the petition for writ of mandamus with the following notation: "The petition violates Texas Rule of Appellate Procedure 52.6 and is struck. Relator is ordered to redraw; the redrawn petition is due to be filed April 2, 2010."