THE SUPREME COURT OF TEXAS

Orders Pronounced March 5, 2010

ORDERS ON CAUSES

08‑0110

AMERICAN GENERAL FINANCE, INC. v. KYLE ALLEN; from Bexar County; 4th district (04‑06‑00273‑CV, 251 SW3d 676, 11‑28‑07)
unopposed motion to set aside judgment and remand pursuant to settlement granted

Pursuant to Texas Rule of Appellate Procedure 56.3, without considering the merits, the Court vacates the judgment of the court of appeals and remands the case to the trial court for rendition of judgment pursuant to the parties' settlement agreement.

ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

09‑0882

JERRY WANZER v. CHRISTINA HERNANDEZ, ET AL.; from Karnes County; 4th district (04‑08‑00368‑CV, ___ SW3d ___, 07‑15‑09)

09‑0979

TERRA XXI, LTD., ET AL. v. AG ACCEPTANCE CORPORATION, AG SERVICES OF AMERICA, INC. AND THEIR SUCCESSOR, RABO AG SERVICES, INC.; from Deaf Smith County; 7th district (07‑07‑00374‑CV, ___ SW3d ___, 07‑21‑09)

09‑1082

ROBERT O'CONOR, JR. v. THE FROST NATIONAL BANK; from Harris County; 1st district (01‑08‑00229‑CV, ___ SW3d ___, 10‑08‑09)

09‑1087

ELIZABETH OVERSTREET v. JUDGE BRADLEY S. UNDERWOOD, INDIVIDUALLY AND IN HIS CAPACITY AS DISTRICT JUDGE OF THE 364TH JUDICIAL DISTRICT, LUBBOCK COUNTY, TEXAS; from Lubbock County; 7th district (07‑08‑00388‑CV, 300 SW3d 905, 11‑16‑09)

10‑0031

IN THE MATTER OF MCCULLER C. STEPHENS, III, STATE BAR NO. 19158750; from Harris County; 1st district (01‑08‑00210‑CV, ___ SW3d ___, 10‑08‑09)

10‑0036

GEORGE R. NEELY v. COMMISSION FOR LAWYER DISCIPLINE; from Harris County; 14th district (14‑08‑00526‑CV, ___ SW3d ___, 09‑10‑09)

10‑0057	CYNTHIA A. HOUCHINS AND DARRELL E. HOUCHINS v. DEVON ENERGY PRODUCTION COMPANY, L.P.; from Johnson County; 1st district (01‑08‑00273‑CV, ___ SW3d ___, 10‑15‑09)
	(Justice O'Neill not sitting)

THE FOLLOWING PETITION FOR REVIEW IS DISMISSED:

09‑0069

CITY OF THE COLONY, TEXAS v. NORTH TEXAS MUNICIPAL WATER DISTRICT AND CITY OF FRISCO, TEXAS; from Denton County; 2nd district (02‑07‑00128‑CV, 272 SW3d 699, 11‑26‑08)
agreed motion to dismiss petition for review granted

ORDERS ON MOTIONS FOR REHEARING

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

09‑0155

CITY OF MIDLAND v. JUD WALTON; from Midland County; 11th district (11‑08‑00053‑CV, ___ SW3d ___, 12‑04‑08)

09‑0488

STATE FARM LLOYDS v. RAMON AND ANITA GARCIA; from Hidalgo County; 13th district (13‑07‑00381‑CV, 287 SW3d 809, 04‑30‑09)

09‑0623

THE MONEY BOX v. LAWRENCE ALEXANDER ZAMORA D/B/A SOUTHERN PLUMBING; from Bexar County; 4th district (04‑08‑00549‑CV, ___ SW3d ___, 07‑15‑09)

09‑0742

MILESTONE POTRANCO DEVELOPMENT, LTD. v. CITY OF SAN ANTONIO; from Bexar County; 4th district (04‑08‑00479‑CV, 298 SW3d 242, 05‑27‑09)

09‑0818

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

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)

09‑0879	ABEL LUCIO, JR., ET AL. v. JOHN G. AND MARIE STELLA KENEDY MEMORIAL FOUNDATION; from Victoria County; 13th district (13‑08‑00077‑CV, 298 SW3d 663, 06‑25‑09)
	(Justice Guzman not sitting)

09‑0885

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 (01‑01‑00200‑CV, ___ SW3d ___, 05‑07‑09)

09‑0961

LUIS ZERTUCHE v. BEXAR COUNTY CIVIL SERVICE COMMISSION; from Bexar County; 4th district (04‑08‑00895‑CV, ___ SW3d ___, 07‑22‑09)

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

09‑0743	IN RE CHERYL CHENAULT SHUMAKE AS NEXT FRIEND OF KAYLA CHENAULT; from Bexar County; 4th district (04‑09‑00303‑CV, ___ SW3d ___, 08‑19‑09)
	(Chief Justice Jefferson and Justice Hecht not sitting)

MISCELLANEOUS

THE MOTION TO STAY IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:

10‑0136	IN RE C.B.; from Dallas County; 5th district (05‑09‑01464‑CV, ___ SW3d ___, 01‑12‑10) motion for emergency stay denied requested response due by 3:00 p.m., March 22, 2010
	[Note: The petition for writ of mandamus remains pending before this Court.]

THE ABATEMENT ORDER IN THE FOLLOWING CASE IS LIFTED:

07‑0393

BALLY TOTAL FITNESS CORPORATION v. BRIAN AKIN, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF TED AKIN; from Tarrant County; 10th district (10‑05‑00280‑CV, ___ SW3d ___, 02‑14‑07)
abatement order issued August 31, 2007, lifted

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:

10‑0137

IN RE CAROL JOHNENE MORRIS; from Midland County; 11th district (11‑09‑00072‑CV, ___ SW3d ___, 06‑25‑09)
motion for leave to seek petition for mandamus in forma pauperis dismissed as moot

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED:

09‑0768

IN RE LIFEGUARD BENEFIT SERVICES, INC. AND THE AMACORE GROUP, INC.; from Tarrant County; 2nd district
unopposed motion to dismiss granted
stay order issued September 14, 2009, lifted

THE MOTION IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS GRANTED:

09‑0522	IN RE JOHN M. O'QUINN, P.C. D/B/A O'QUINN & LAMINACK; JOHN M. O'QUINN & ASSOCIATES, A TEXAS GENERAL PARTNERSHIP; JOHN M. O'QUINN & ASSOCIATES, L.L.P. D/B/A O'QUINN & LAMINACK; JOHN M. O'QUINN LAW FIRM, P.L.L.C.; O'QUINN & LAMINACK; AND JOHN M. O'QUINN; from Rusk County; 12th district joint motion to extend abatement granted abatement order issued
	[Note: The Court's abatement order of December 18, 2009 expired by its own terms on February 24, 2010. An extension is granted until June 24, 2010, by which time the parties must file either a status report or a motion to dismiss.]

THE FOLLOWING APPEAL FROM A DECISION OF THE BOARD OF DISCIPLINARY APPEALS IS DISMISSED FOR WANT OF PROSECUTION:

08‑0315

IN THE MATTER OF C. TOM ZARATTI

THE FOLLOWING APPEAL FROM A DECISION OF THE BOARD OF DISCIPLINARY APPEALS IS DISMISSED:

09‑0562

B. JOE THOMSON v. JERALD GRIMES MOLLESTON
motion to dismiss classification appeal for lack of jurisdiction granted