Texas State Seal

THE SUPREME COURT OF TEXAS


Orders Pronounced January 8, 2010

ORDERS ON CAUSES

THE MOTION IN THE FOLLOWING CAUSE IS GRANTED:

08‑0175 

WHIRLPOOL CORPORATION v. MARGARITA CAMACHO, ET AL.; from Hidalgo County; 13th district (13‑05‑00361‑CV, 251 SW3d 88, 01‑17‑08)
unopposed motion to expedite issuance of mandate granted

 


(Justice Guzman not sitting)

 

ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

09‑0574 

CARL L. YECKEL v. GREG ABBOTT, ATTORNEY GENERAL OF THE STATE OF TEXAS AND THE CARL B. AND FLORENCE E. KING FOUNDATION; from Travis County; 3rd district (03‑04‑00713‑CV, ___ SW3d ___, 06‑04‑09)
2 petitions

 


(Justice Willett not sitting)

 
09‑0780 

DALE DARDEAU v. WEST ORANGE-COVE, CONSOLIDATED INDEPENDENT SCHOOL DISTRICT AND O.T. COLLINS, HARRY BARCLAY, NANCY BYERS, PETE AMY AND ERIC MITCHELL; from Orange County; 9th district (09‑08‑00167‑CV, ___ SW3d ___, 07‑30‑09)
as amended


09‑0818 

EX PARTE KIRK WAYNE MCBRIDE, SR.; from Bee County; 13th district (13‑08‑00271‑CV, ___ SW3d ___, 08‑25‑09)


09‑0832 

IN THE MATTER OF D.A.B., A JUVENILE; from Angelina County; 12th district (12‑08‑00406‑CV, ___ SW3d ___, 08‑28‑09)
as redrafted


09‑0849 

REMIGIO A. MARTINEZ III v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE, ET AL.; from Dawson County; 11th district (11‑08‑00327‑CV, ___ SW3d ___, 07‑30‑09)


09‑0877 

CHESAPEAKE ZAPATA, L.P. AND CHESAPEAKE OPERATING, INC. v. DERLY VILLARREAL, ET AL.; from Zapata County; 4th district (04‑08‑00171‑CV, ___ SW3d ___, 07‑08‑09)


09‑0884 

BERNARD DOLENZ, LIFE ESTATE v. DALLAS CENTRAL APPRAISAL DISTRICT AND DALLAS COUNTY APPRAISAL REVIEW BOARD; from Dallas County; 5th district (05‑08‑00485‑CV, 293 SW3d 920, 08‑13‑09)


09‑0886 

CHARLES M. HADEN, JR., INDIVIDUALLY AND CHARLES MCINTYRE HADEN & COMPANY D/B/A HADEN & COMPANY v. DAVID J. SACKS, P.C. D/B/A SACKS & ASSOCIATES; from Harris County; 1st district (01‑03‑00025‑CV, ___ SW3d ___, 05‑07‑09)


09‑0887 

RAFAEL ARMENDARIZ v. GLORIA TRONCOSO; from El Paso County; 8th district (08‑07‑00270‑CV, ___ SW3d ___, 09‑09‑09)
as redrafted


09‑0888 

VALERIE THOMAS BAHAR, M.D., P.A. AND VALERIE THOMAS BAHAR, INDIVIDUALLY v. LYON FINANCIAL SERVICES, INC., A MINNESOTA CORPORATION D/B/A US BANCORP MANIFEST FUNDING SERVICES; from Travis County; 3rd district (03‑07‑00469‑CV, ___ SW3d ___, 07‑28‑09)


09‑0897 

RUSSELL CREECH v. CHRIS CHRISTIAN; from Dallas County; 5th district (05‑08‑00952‑CV, ___ SW3d ___, 09‑11‑09)


09‑0920 

MICHAEL ANTHONY EVANS v. ANDREA ELDRIDGE; from De Witt County; 13th district (13‑08‑00634‑CV, ___ SW3d ___, 08‑13‑09)


09‑0923 

MICHAEL KEITH HAHN v. RAILROAD COMMISSION OF TEXAS; from Travis County; 3rd district (03‑07‑00183‑CV, ___ SW3d ___, 07‑30‑09)


09‑0926 

CRAIG NICKELS AND SHEILA NICKELS v. JAMES CASBURG, ET AL.; from Travis County; 3rd district (03‑05‑00027‑CV, ___ SW3d ___, 06‑18‑09)


09‑0927 

COTTMAN TRANSMISSION SYSTEMS, LLC AND COTTMAN TRANSMISSION CENTER, INC. AND AMERICAN DRIVELINE CENTERS, INC. v. FVLR ENTERPRISES, LLC; from Dallas County; 5th district (05‑08‑01087‑CV, 295 SW3d 372, 08‑17‑09)


09‑0944 

KENNETH D. LEE, JR. v. CINGULAR WIRELESS, LLC; from Cameron County; 13th district (13‑07‑00132‑CV, ___ SW3d ___, 04‑02‑09)


09‑0969 

CAMMACK THE COOK, L.L.C., JASON CAMMACK, LAUREN CAMMACK AND MILTON CAMMACK v. MARTA BEYEN EASTBURN; from Gregg County; 6th district (06‑09‑00020‑CV, 296 SW3d 884, 09‑25‑09)


09‑0970 

BARON C. CLARK, AS PREDECESSOR IN INTEREST TO CENTERVIEW PROFESSIONAL BUILDING, L.P. v. CARLOS PORTER; from Bexar County; 4th district (04‑08‑00520‑CV, ___ SW3d ___, 08‑26‑09)


09‑1052 

DASHONNON D. JOHNSON, SR. v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Harris County; 1st district (01‑08‑00795‑CV, ___ SW3d ___, 07‑23‑09)


THE FOLLOWING PETITIONS FOR REVIEW ARE STRUCK PURSUANT TO TEXAS RULE OF APPELLATE PROCEDURE 9.4(i):

09‑0799 

JAIRO PUENTES, M.D. v. SPOHN HEALTH NETWORK AND CHRISTUS SPOHN HEALTH SYSTEM CORPORATION D/B/A CHRISTUS SPOHN HOSPITAL; from Nueces County; 12th district (13‑08‑00100‑CV, ___ SW3d ___, 06‑11‑09)

The Court strikes the petition for review with the following notation: "The petition violates Texas Rule of Appellate Procedure 53.6 and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed by January 19, 2010."


09‑0980 

AARON KEITH WHITE AND LANCE WHITE v. JONAH WATER SPECIAL UTILITY DISTRICT; from Williamson County; 3rd district (03‑06‑00626‑CV, ___ SW3d ___, 08‑31‑09)
unopposed motion to exceed page limit of petition for review denied

The Court strikes the petition for review with the following notation: "The petition violates Texas Rule of Appellate Procedure 53.6 and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed by January 19, 2010."


09‑1059 

IN THE MATTER OF FIFTY-ONE GAMBLING DEVICES TWENTY SIX THOUSAND EIGHT HUNDRED EIGHTY DOLLARS IN UNITED STATES CURRENCY; from Randall County; 7th district (07‑08‑00068‑CV, ___ SW3d ___, 09‑28‑09)

The Court strikes the petition for review with the following notation: "The petition violates Texas Rule of Appellate Procedure 53.6 and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed by January 19, 2010."


09‑1073 

DIANE GARRETT, AS NEXT FRIEND OF CHEYENNE GARRETT v. PATTERSON-UTI DRILLING COMPANY, L.P. AND RICKY WHITE; from Scurry County; 11th district (11‑08‑00230‑CV, ___ SW3d ___, 11‑05‑09)

The Court strikes the petition for review with the following notation: "The petition violates Texas Rule of Appellate Procedure 53.6 and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed by January 19, 2010."



ORDERS ON MOTIONS FOR REHEARING

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

09‑0157 

IRVING HOLDINGS, INC. AND ISAIAS TEWELDE v. HERMAN BROWN AND EMPLOYERS INSURANCE OF WAUSAU; from Dallas County; 5th district (05‑06‑01654‑CV, 274 SW3d 926, 01‑05‑09)


09‑0523 

TARA PARTNERS, LTD, GRANADA TERRACE, LTD, DAVID R. WISE, 1606 SAVANNAH LLC, WINDSOR GARDENS, LTD, FREEPORT VILLA BRAZOS APARTMENTS, LTD v. CITY OF SOUTH HOUSTON; from Harris County; 14th district (14‑07‑00330‑CV, 282 SW3d 564, 01‑13‑09)

 


(Justice Guzman not sitting)

 
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)
as amended


09‑0716 

IN RE COMMITMENT OF JACK KIRSCH; from Montgomery County; 9th district (09‑08‑00004‑CV, ___ SW3d ___, 07‑16‑09)


09‑0748 

EUROPA INTERNATIONAL, LTD., EUROPA SECURITIES, L.L.C. AND JEFFREY R. STEWART v. INVESTIN.COM CORP. AND LAURENCE D. BRIGGS; from Dallas County; 5th district (05‑07‑00797‑CV, 293 SW3d 819, 07‑28‑09)


THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:

09‑0691 

IN RE ALLIED HOME MORTGAGE CAPITAL CORP.; from Tarrant County; 2nd district (02‑09‑00101‑CV, ___ SW3d ___, 06‑16‑09)



MISCELLANEOUS

THE MOTION IN THE FOLLOWING CASE IS DISMISSED AS MOOT:

09‑0889 

LOWE'S HOME CENTERS, INC. AND NATASHA TANNER v. GSW MARKETING, INC. F/K/A SALESMAKER, INC. D/B/A CSA SERVICES SOUTHWEST ("CSA SOUTHWEST") AND SNOW MOUNTAIN CONSTRUCTION, INC.; from Harris County; 14th district (14‑07‑00953‑CV, 293 SW3d 283, 06‑30‑09)
motion to recuse Justice Eva Guzman dismissed as moot, Justice Guzman having voluntarily recused

 


(Justice Guzman not sitting)

 

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

10‑0007 

IN RE ADAM E. SALAZAR, ET AL.; from Bexar County; 4th district
request for emergency relief denied


10‑0012 

IN RE WILLIAM R. VANCE, JR., INDEPENDENT EXECUTOR OF THE ESTATE OF FLORENE K. GRACE, DECEASED; from Brazos County; 10th district (10‑09‑00211‑CV, ___ SW3d ___, 11‑25‑09)
as amended
motion for temporary relief denied


THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED:

09‑0605 

IN RE DALLAS COUNTY, TEXAS; from Dallas County; 5th district (05‑09‑00461‑CV, ___ SW3d ___, 05‑14‑09)
motion to dismiss granted


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

10‑0014 

IN RE TANGO TRANSPORT, L.L.C. D/B/A TANGO TRANSPORT, INC.; from Bexar County; 4th district (04‑09‑00804‑CV, ___ SW3d ___, 12‑23‑09)

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 January 12, 2010."