Texas state seal

THE SUPREME COURT OF TEXAS


Orders Pronounced April 29, 2011

ORDERS ON CAUSES

09-0100

TRAVIS CENTRAL APPRAISAL DISTRICT v. DIANE LEE NORMAN; from Travis County; 3rd district (03-06-00768-CV, 274 SW3d 902, 12-19-08)


The Court reverses the court of appeals' judgment and dismisses the case.

Justice Medina delivered the opinion of the Court.

09-0313

TERRI LOFTIN v. JANICE LEE AND BOB LEE; from Angelina County; 12th district (12-07-00143-CV, 277 SW3d 519, 01-30-09)


The Court reverses the court of appeals' judgment and renders judgment.

Justice Hecht delivered the opinion of the Court.

09-0326

LARRY ROCCAFORTE v. JEFFERSON COUNTY; from Jefferson County; 9th district (09-08-00420-CV, 281 SW3d 230, 03-05-09)


The Court reverses the court of appeals' judgment and remands the case to the trial court.

Chief Justice Jefferson delivered the opinion of the Court, in which Justice Hecht, Justice Wainwright, Justice Medina, Justice Green, Justice Johnson, Justice Guzman, and Justice Lehrmann joined, and in which Justice Willett joined as to parts I through III.

Justice Willett delivered a concurring opinion.

THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:

06-0714

BARBARA ROBINSON, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF JOHN ROBINSON, DECEASED v. CROWN CORK & SEAL COMPANY, INC., INDIVIDUALLY AND AS SUCCESSOR TO MUNDET CORK CORPORATION; from Harris County; 14th district (14-04-00658-CV, 251 SW3d 520, 05-04-06)


(Justice Guzman not sitting)

09-0613

TURTLE HEALTHCARE GROUP, L.L.C. D/B/A FRED'S PHARMACY v. YOLANDA HIGUERA LINAN, INDIVIDUALLY AND AS THE NATURAL PARENT OF MARIA YOLANDA LINAN AND GERARDO LINAN, INDIVIDUALLY, AND AS REPRESENTATIVES OF THE ESTATE OF MARIA YOLANDA LINAN, DECEASED; from Hidalgo County; 13th district (13-08-00533-CV, ___ SW3d ___, 06-11-09)


The Court withdraws its opinion issued February 25, 2011 and issues a substituted opinion.


ORDERS ON CASES GRANTED

THE FOLLOWING PETITION FOR REVIEW IS GRANTED:

10-0628

TEXAS ELECTRIC UTILITY CONSTRUCTION, LTD. v. INFRASOURCE UNDERGROUND CONSTRUCTION SERVICES, LLC; from Nacogdoches County; 12th district (12-09-00287-CV, ___ SW3d ___, 06-30-10)


[Note: The date and time for oral argument remain are yet to be determined.]


ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

09-0561

NUECES COUNTY, TEXAS v. JOE GUADALUPE BALLESTEROS; from Nueces County; 13th district (13-06-00405-CV, 286 SW3d 566, 05-14-09)
as redrafted


Justice Willett dissents to the denial of the petition for review

09-1029

LARRY ROCCAFORTE v. JEFF GREENWAY; from Jefferson County; 9th district (09-08-00529-CV, ___ SW3d ___, 10-29-09)


10-0043

TARRANT COUNTY, TEXAS v. TAMMY HOWLETT; from Tarrant County; 2nd district (02-07-00373-CV, 301 SW3d 840, 12-03-09)


10-0447

PHIL HILLIS, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF TAYLOR HILLIS, DECEASED, AND BUFFY HILLIS v. CITY OF DALLAS; from Dallas County; 5th district (05-08-01644-CV, 308 SW3d 526, 03-30-10)


10-0974

BIG WOODS LAND DEVELOPMENT, INC. AND MIKE NELSON v. BIG WOODS SPRINGS IMPROVEMENT ASSOCIATION, INC.; from Wood County; 6th district (06-09-00074-CV, 322 SW3d 678, 08-12-10)


10-0989

CEVIA FLEMING, INDIVIDUALLY AND ON BEHALF OF ALL OTHER PERSONS SIMILARLY SITUATED v. ALLSTATE INSURANCE COMPANY, ALLSTATE INDEMNITY COMPANY AND ALLSTATE PROPERTY & CASUALTY INSURANCE COMPANY; from Travis County; 3rd district (03-09-00705-CV, ___ SW3d ___, 10-22-10)


11-0009

KEITH THOMAS v. JENNIFER COALSTON, ET AL.; from Coryell County; 10th district (10-10-00304-CV, ___ SW3d ___, 09-22-10)


11-0012

IN THE MATTER OF THE GUARDIANSHIP OF LOYCE JUANITA PARKER, AN INCAPACITATED PERSON; from Wilbarger County; 7th district (07-09-00235-CV, 329 SW3d 97, 11-22-10)


11-0041

MCLENNAN COUNTY APPRAISAL DISTRICT v. HOPPENSTEIN PROPERTIES, INC.; from McLennan County; 10th district (10-09-00426-CV, ___ SW3d ___, 12-22-10)


11-0056

IN RE RALPH O. DOUGLAS; from Harris County; 1st district (01-08-00542-CV, 333 SW3d 273, 08-31-10)


11-0071

ELLIOTT S. WINFIELD v. TERRY D. KILPATRICK, ET AL.; from Jones County; 11th district (11-10-00035-CV, ___ SW3d ___, 01-20-11)


11-0103

JUAN GERARDO PEREZ, ET AL. v. GRUPO TMM, S.A.B., TMM LOGISTICS, S.A. DE C.V. AND LACTO COMMERCIAL ORGANIZADA, S.A. DE C.V.; from Harris County; 14th district (14-09-01072-CV, 327 SW3d 357, 11-16-10)


11-0112

SILSBEE OAKS HEALTH CARE, L.L.P. v. MARY LOUISE CHUMLEY, AS REPRESENTATIVE OF THE ESTATE OF ROY CHUMLEY, DECEASED; from Hardin County; 9th district (09-10-00363-CV, ___ SW3d ___, 12-30-10)


11-0123

LAURA M. BROWN AND ROBERT L. BROWN v. EMC MORTGAGE CORPORATION; from Collin County; 5th district (05-08-00914-CV, ___ SW3d ___, 06-07-10)


11-0124

STACEY STRYKER v. W. FULTON BROEMER AND BROEMER & ASSOCIATES, L.L.C.; from Harris County; 1st district (01-09-00317-CV, ___ SW3d ___, 11-10-10)


11-0132

JOHN HALL AND ROBERTA WAGNER v. KAREN SEAL AND RUSSELL SEAL; from Medina County; 4th district (04-09-00675-CV, ___ SW3d ___, 01-05-11)


11-0139

EARL DROTT v. LAVERNA SELLS; from Smith County; 12th district (12-09-00091-CV, 330 SW3d 696, 12-02-10)


11-0142

ALEX MELVIN WADE, JR. v. DOMINION AT WOODLANDS; from Montgomery County; 9th district (09-10-00541-CV, ___ SW3d ___, 01-27-11)


11-0167

IN THE ESTATE OF MILDRED VRANA, DECEASED; from Jim Wells County; 4th district (04-09-00377-CV, ___ SW3d ___, 11-17-10)


11-0173

NEXPLORE CORPORATION v. PAUL WILLIAMS AND HUGHES-ROTH FINANCIAL GROUP; from Dallas County; 5th district (05-09-00621-CV, ___ SW3d ___, 12-07-10)


11-0176

BRIAN CALVIN ADAMS v. BRYAN COLLIER AND RISSIE OWENS; from Brazoria County; 1st district (01-08-01024-CV, ___ SW3d ___, 11-04-10)


11-0180

RICHARD WEBB, SR., ERMA WEBB, RICHARD JONES AND CARMEN HOLLINS v. EDWIN MALDONADO; from Dallas County; 5th district (05-09-00787-CV, 331 SW3d 879, 01-28-11)


11-0188

IN THE INTEREST OF M.C.W., A CHILD; from Lubbock County; 7th district (07-10-00055-CV, ___ SW3d ___, 12-16-10)


(Justice Lehrmann not sitting)

11-0204

JOHN Q.A. WEBB, JR., M.D. AND JOHN Q.A. WEBB, JR., M.D., P.A. INDIVIDUALLY AND D/B/A BEAUMONT MEDICAL CLINIC AND BEAUMONT MEDICAL CLINIC v. DIANNE SWAN, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF JENNIFER RENEE ABSHIRE AND FOR AND ON BEHALF OF ANY WRONGFUL DEATH BENEFICIARIES OF JENNIFER RENEE ABSHIRE, JASON HOLST, INDIVIDUALLY AND DAVID "ANDREW' MAXEY, AS NEXT FRIEND OF TRISTA MAXEY; from Jefferson County; 9th district (09-10-00347-CV, ___ SW3d ___, 02-03-11)



ORDERS ON MOTIONS FOR REHEARING

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

07-0061

ROSE TEJADA, AS NEXT FRIEND OF KAYLEE TEJADA AND KELSEY TEJADA v. THOMAS F. ROWE, M.D., THOMAS F. ROWE, M.D., P.A., AND JESSICA LINHART DEMAY, M.D.; from Jefferson County; 9th district (09-06-00025-CV, 907 SW3d 920, 11-22-06)


(Justice Guzman not sitting)

09-0628

BARRY G. WILLENS, M.D. v. DAVID JOHNSON; from Montgomery County; 9th district (09-08-00252-CV, 286 SW3d 560, 05-14-09)


09-0932

ALICE ANDREWS v. ERIC DRAKE; from Dallas County; 5th district (05-07-01576-CV, 294 SW3d 370, 08-17-09)


10-0867

J. STEPHEN SPENCER v. JONATHAN M. GILBERT; from Blanco County; 3rd district (03-09-00207-CV, ___ SW3d ___, 08-04-10)


10-0873

SHELTON R. MODELIST v. DEUTSCHE BANK NATIONAL TRUST COMPANY, F/K/A BANKERS TRUST OF CALIFORNIA, AS TRUSTEE FOR AAMES FUNDING CORPORATION MT2001-4; from Harris County; 14th district (14-09-00134-CV, ___ SW3d ___, 08-03-10)


10-0973

LY KEN, KADCO INVESTMENTS, INC. AND KEITH R. JOHNSON v. MANAGED MORTGAGE INVESTMENTS FUND, L.P. AND TRIBECA MORTGAGE, L.L.C.; from Dallas County; 5th district (05-09-01080-CV, ___ SW3d ___, 07-26-10)
motion for extension of additional day for review denied


10-0999

CHARLES E. DURST, JR. v. TEXAS MUTUAL INSURANCE COMPANY AND RUSSELL L. DAVIS; from Guadalupe County; 4th district (04-09-00430-CV, ___ SW3d ___, 08-25-10)


10-1004

LAKEITH AMIR-SHARIF v. NATHANIEL QUARTERMAN, TDCJ DIRECTOR, ET AL.; from De Witt County; 13th district (13-09-00504-CV, ___ SW3d ___, 08-19-10)


10-1019

WILLIAM E. FERGUSON, INDIVIDUALLY AND D/B/A TIMBEROOF COMPANY AND TIMBEROOF ROOF COMPANY, INC., AND TIMBEROOF ROOFING COMPANY, INC., TIMBEROOF ROOFING CO., INC. AND TRC SERVICES, INC., INDIVIDUALLY AND D/B/A THE ROOF CO. HOLDINGS v. PABLO TURULL AND RUTH TURULL; from Harris County; 1st district (01-09-00067-CV, ___ SW3d ___, 07-29-10)


11-0026

KAREN HAISLER v. JUANITA COBURN, NELDA JONES, CALVIN JONES, AMANDA LAWSON, BRIAN LAWSON AND GREG SNIDER; from Freestone County; 10th district (10-09-00275-CV, ___ SW3d ___, 07-28-10)


11-0027

RESERVOIR SYSTEMS, INC. AND AXEL SIGMAR v. TGS-NOPEC GEOPHYSICAL CO., INC.; from Harris County; 14th district (14-09-00528-CV, ___ SW3d ___, 11-09-10)


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

11-0028

IN RE ROBERT C. MORRIS; from Houston County; 12th district (12-10-00313-CV, ___ SW3d ___, 10-20-10)



MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

10-0528

IN RE PETROHAWK ENERGY CORPORATION, PETROHAWK PROPERTIES, LP, ONE TEC, LLC AND FLOYD C. WILSON; from Tarrant County; 2nd district (02-10-00205-CV, ___ SW3d ___, 07-09-10)
motion to take judicial notice, as supplemented, dismissed as moot
stay order issued September 10, 2010, lifted


10-0556

IN RE MICHAEL A. EARLE, M.D.; from Bexar County; 4th district (04-10-00430-CV, ___ SW3d ___, 06-16-10)


11-0185

IN RE GEORGE GLEN ABNEY ; from Nacogdoches County; 12th district (12-99-00369-CR; 12-99-00370-CR, ___ SW3d ___, 08-31-00)


11-0200

IN RE METROPOLITAN TRANSIT AUTHORITY; from Harris County; 1st district (01-10-00752-CV, ___ SW3d ___, 01-03-11)


11-0249

IN RE BRAZOS SANDY CREEK ELECTRIC COOPERATIVE, INC. AND LOWER COLORADO RIVER AUTHORITY; from McLennan County; 10th district (10-10-00255-CV, ___ SW3d ___, 03-23-11)
motion for emergency stay denied


11-0307

IN RE SANDY CREEK ENERGY ASSOCIATES, LP; from McLennan County; 10th district (10-10-00255-CV, ___ SW3d ___, 03-23-11)


A STAY IS ISSUED IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS:

11-0297

IN RE WEST STAR TRANSPORTATION, INC.; from Lubbock County; 7th district (07-10-00515-CV, ___ SW3d ___, 02-23-11)
emergency motion for temporary relief granted
stay order issued


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