THE SUPREME COURT OF TEXAS

Orders Pronounced January 6, 2000

ORDERS ON CAUSES

97-1068 DUBAI PETROLEUM COMPANY, CONOCO, INC., DRESSER INDUSTRIES, INC. d/b/a DRESSER-RAND CO, AEROQUIP CORPORATION, SOLAR TURBINES INCORPORATED and ENERGY SERVICE INTERNATIONAL, LTD a/k/a ESI, INC. v. SABIHA ALIMUDDIN KAZI, individually and as representative of THE ESTATE OF ALIMUDDIN SIRAJUDDIN KAZI, deceased, and as guardian for MUMTAZ ALIMUDDIN KAZI and SHEHNAZ ALIMUDDIN KAZI, children, SIRAJUDDIN NAJMUDDIN KAZI, father, FARIDA SIRAJUDDIN KAZI; from Harris County; 1st district (01-95-01436-CV, 961 SW2D 313, 06-26-97)

The Court affirms the court of appeals' judgment and remands the cause to the trial court.

Opinion of the Court by Chief Justice Phillips

(Justice Enoch not sitting)

98-0408 JOHN C. MALLIOS d/b/a MALLIOS & ASSOCIATES, MALLIOS & ASSOCIATES, P.C. and JAMES D. BLUME v. MARK W. BAKER; from Dallas County; 5th district (05-96-00112-CV, 971 SW2D 581, 02-26-98)

The Court affirms the court of appeals' judgment.

Opinion by Justice Gonzales, joined by Chief Justice Phillips,

Justice Enoch, Justice Hankinson, and Justice O'Neill

Concurring opinion by Justice Hecht, joined by

Justice Owen, Justice Baker, and Justice Abbott



Concurring opinion by Justice Enoch, joined by

Chief Justice Phillips



98-1031 LANE BANK EQUIPMENT CO. v. SMITH SOUTHERN EQUIPMENT INC.; from Harris County; 1st district (01-97-01032-CV, 981 SW2D 302, 07-23-98)



The Court affirms the court of appeals' judgment.



Opinion by Chief Justice Phillips, joined by Justice Baker,

Justice Abbott, Justice Hankinson, Justice O'Neill,

and Justice Gonzales



Concurring opinion by Justice Hecht



Concurring opinion by Justice Enoch, joined by Justice Owen





98-1243 IN RE ALCATEL USA, INC., f/k/a DSC COMMUNICATIONS CORPORATION

emergency motion to consider trial developments or alternatively to vacate and remand overruled



Opinion by Justice Abbott, joined by Chief Justice Phillips,

Justice Hecht, Justice Owen, and Justice Gonzales



Dissenting opinion by Justice Enoch,

joined by Justice Baker and Justice O'Neill



(Justice Hankinson not sitting)



99-0443 THE UNIVERSITY OF TEXAS SOUTHWESTERN MEDICAL CENTER OF DALLAS, PATRICIA K. WINCHESTER, NANCY C. FAIN, and KERN WILDENTHAL, M. D. in his official capacity as PRESIDENT OF THE UNIVERSITY OF TEXAS SOUTHWESTERN MEDICAL CENTER AT DALLAS v. INESSA MARGULIS; from Dallas County; 5th district (05-98-01698-CV, RULE 47.7, 03-31-99)

Pursuant to Rule 59.1, Texas Rules of Appellate Procedure, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the cause to that court for consideration of the merits of the interlocutory appeal.

Per Curiam Opinion



ORDERS ON CASES GRANTED


THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE GRANTED:

99-0616 IN RE KENNETH GEORGE



- consolidated for oral argument with -



99-0648 IN RE EPIC HOLDINGS, INC., EPIC HEALTHCARE GROUP, INC., and EPIC HEALTHCARE MANAGEMENT CO.



(Justice Enoch, Justice Hankinson, and Justice Gonzales not sitting)


THE FOLLOWING CERTIFIED QUESTION FROM THE UNITED STATES COURT OF
APPEALS FOR THE FIFTH CIRCUIT IS ACCEPTED:

99-1301 JOE R. STRINGER; DESIREE H. STRINGER v. CENDANT MORTGAGE CORPORATION, d/b/a PHH MORTGAGE SERVICES CORPORATION



ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

98-1239 JUDWIN PROPERTIES, INC. v. GRIGGS & HARRISON, a professional corporation; from Harris County; 1st district (01-96-01358-CV, 981 SW2D 868, 11-5-98)



Per Curiam Opinion



99-0145 MARINE OFFICE OF AMERICA CORPORATION and FIDELITY & CASUALTY COMPANY OF NEW YORK v. JOHN DUZICH individually and THE MISS SUNI SUZANNE; from San Patricio County; 13th district (13-96-00463-CV, 980 SW2D 857, 10-8-98)

2 petitions

99-0279 OLIN CORPORATION v. DEBRA and RICKY SMITH, individually and for the use and benefit of their minor son, J. S.; from Travis County; 3rd district (03-98-00140-CV, 990 SW2D 789, 02-11-99)



(Justice Hecht notes his dissent.)



99-0552 DONNA H. STEVENS v. NATIONAL EDUCATION CENTERS, INC.; from Harris County; 14th district (14-97-01061-CV, 990 SW2D 374, 03-18-99)

2 petitions



Per Curiam Opinion

99-0712 SAMUEL R. DRIGGS v. CITY OF AUSTIN; from Travis County; 3rd district (03-97-00508-CV, RULE 47.7, 06-10-99)



99-0931 MEADOWS POLICE DEPARTMENT, ET AL. v. BENITO MARTINEZ; from Fort Bend County; 1st district (01-97-00996-CV, RULE 47.7, 05-27-99)

99-0956 CITY OF FORT WORTH, TEXAS and FORT WORTH CIVIL SERVICE COMMISSION v. RUSSELL NYBORG; from Tarrant County; 2nd district (02-98-00041-CV, 999 SW2D 451, 07-15-99)

motion to expedite dismissed as moot

99-0988 MALVIN SHAMLIN SMITH v. JOEL M. GOODE; from Harris County; 14th district (14-99-00803-CV, RULE 47.7, 08-17-99)

99-0990 FRANK HARTUNG and FRANK HARTUNG v. TOM WHITESIDE, ELLIOT GERSTENHABER and WHITESIDE & GERSTENHABER; from Harris County; 14th district (14-97-00111-CV, RULE 47.7, 07-29-99)

99-1029 P. H., as next friend of P. J. H. v. CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT, ET AL.; from Nueces County; 13th district (13-99-00165-CV, 1 SW3D 352, 08-31-99)

99-1055 CITY OF HOUSTON & BOB DEVILLIER v. BARTO WATSON, INC.; from Harris County; 1st district (01-98-00178-CV, 998 SW2D 637, 06-10-99)

99-1077 LESTER GOODSON PONTIAC, individually, and d/b/a LESTER GOODSON PONTIAC GMC HONDA v. DONNA CARDENAS and GARY CARDENAS; from Harris County; 14th district (14-97-01301-CV, RULE 47.7, 08-05-99)

99-1080 DANIEL PRCIN v. VONNA J. GLASS; from Lubbock County; 7th district (07-98-00244-CV, ___ SW3D ___, 09-08-99)



99-1089 TRAVIS WOODS, II v. MORTGAGE MAKERS, INC.; from Travis County; 3rd district (03-98-00204-CV, RULE 47.7, 08-12-99)

99-1102 PLANO DISCOUNT BRAKE and WHEEL ALIGNMENT INC. v. AMERICAN GENERAL FINANCE; from Collin County; 5th district (05-98-00140-CV, RULE 47.7, 10-12-99)

99-1103 DIOSDADO DEASIS, JR., M. D. v. CLEAR LAKE REGIONAL MEDICAL CENTER, INC. d/b/a COLUMBIA ALVIN MEDICAL CENTER; from Brazoria County; 1st district (01-98-01390-CV, RULE 47.7, 08-12-99)

99-1109 KENNETH D. FORD v. RYAN C. TRUELOVE, ET AL.; from Anderson County; 12th district (12-99-00138-CV, RULE 47.7, 08-30-99)

99-1172 MARTIN NEWS AGENCY, INC. v. PERIODICAL MANAGEMENT GROUP, INC.; from Tarrant County; 2nd district (02-98-00195-CV, RULE 47.7, 08-31-99)

99-1173 THE UNION CENTRAL LIFE INSURANCE COMPANY and LEE JOHNSON v. GUARDIAN PROTECTIVE SERVICES, INC.; from Tarrant County; 2nd district (02-98-00254-CV, RULE 47.7, 08-27-99)

99-1199 718 ASSOCIATES, LTD. v. SUNWEST N. O. P., INC.; from McLennan County; 10th district (10-98-00135-CV, ___ SW3D ___, 08-31-99)



THE FOLLOWING PETITION FOR REVIEW IS DISMISSED

FOR WANT OF JURISDICTION:

99-0809 THE UNIVERSITY OF TEXAS-PAN AMERICAN, f/k/a PAN AMERICAN UNIVERSITY, WILLIAM ROCHA, and RENE PENA v. NORMAN CORDOVA and LILLIAN L. CORDOVA; from Hidalgo County; 13th district (13-98-00184-CV, RULE 47.7, 05-13-99)

ORDERS ON MOTIONS

THE FOLLOWING MOTIONS FOR REHEARING OF CAUSES ARE OVERRULED:

98-0520 BAKER HUGHES, INC. and ENVIROTECH CONTROLS, INC. v. KECO R. & D., INC.; from Harris County; 1st district (01-96-00944-CV, 982 SW2D 25, 03-19-98)

98-0578 E. H. BRAINARD, II, CAROLYN ROGERS, NANCY BRISCOE, BOONE PICKENS, BEA PICKENS, MORRISON CATTLE COMPANY, J. A. WHITTENBURG, III, FRANCES W. KLEIN, JACK F. TURNER, DIANE E. BOWES, and J. A. WHITTENBURG, IV, ET AL. v. THE STATE OF TEXAS and THE GENERAL LAND OFFICE OF THE STATE OF TEXAS; from Collingsworth County; 7th district (07-96-00231-CV, 968 SW2D 403, 02-10-98)


THE FOLLOWING MOTIONS FOR REHEARING OF PETITIONS FOR REVIEW

ARE OVERRULED:

99-0731 JOHNNY BAIRD v. ARLINGTON MEMORIAL HOSPITAL FOUNDATION, INC. d/b/a ARLINGTON MEMORIAL HOSPITAL; from Tarrant County; 2nd district (02-98-00114-CV, 991 SW2D 918, 04-29-99)

99-0758 TEXAS COMMERCE BANK NATIONAL ASSOCIATION, VICTORIA BANKSHARES, INC., NORWEST BANK TEXAS, N.A., NORWEST BANK TEXAS, SOUTH CENTRAL, and NORWEST BANK TEXAS, SOUTH, N.A. v. JAMES LAWRENCE WOOD, CHARLES KAFFIE, and JAMES BARNETTE; from Nueces County; 13th district (13-98-00393-CV, 994 SW2D 796, 05-20-99)

99-0861 JOHNNIE and HARVELLA JONES v. UNION PLANTERS MORTGAGE CORPORATION (formerly LEADER FEDERAL BANK FOR SAVINGS); from Harris County; 1st district (01-98-01133-CV, RULE 47.7, 06-17-99)

99-0870 CHARLES DURHAM v. GOLD GLOBE, INC.; from Erath County; 11th district (11-98-00306-CV, RULE 47.7, 07-22-99)

99-0918 CC CARPET v. MARK LOFTUS; from Travis County; 3rd district (03-98-00434-CV, RULE 47.7, 07-15-99)


THE UNOPPOSED FIFTH MOTION TO ABATE IS OVERRULED IN THE

FOLLOWING CASE PENDING ON PETITION FOR WRIT OF MANDAMUS:

99-0619 IN RE UNIVERSAL HEALTH SERVICES, INC., UNIVERSAL HEALTH SERVICES OF DELAWARE, INC., and UNIVERSAL HEALTH SERVICES OF MCALLEN, INC., d/b/a MCALLEN MEDICAL CENTER

motion to abate is overruled

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

MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

99-0801 IN RE MANOR PARK, INC.

99-1128 IN RE HOECHST-CELANESE CORP.

99-1136 IN RE KEVIN BURKE

99-1163 IN RE UNIVERSAL COMPUTER SYSTEMS, INC., ET AL.

99-1176 IN RE LAMAR HUNT, JR. and THOMAS J. FOWLER

99-1185 IN RE GEORGE S. HENRY





THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED

FOR WANT OF JURISDICTION:





99-1187 IN RE JOSEPH H. DELANEY





THE FOLLOWING PETITION FOR WRIT OF HABEAS CORPUS IS STRUCK PURSUANT TO RULE 9.4.(i), TEXAS RULES OF APPELLATE PROCEDURE:

00-0010 IN RE DAVID BRYANT



With the following notation: "The petition for writ of habeas corpus violates numerous portions of Rules 9 and 52 of the Texas Rules of Appellate Procedure and is struck. Relators are ordered to redraw; the redrawn petition for writ of habeas corpus is due to be filed no later than 5:00 p.m. January 12, 2000. See Tex. R. App. P. 9.4(i)."



(Order delivered January 5, 2000)



THE EMERGENCY MOTION FOR TEMPORARY RELIEF IS GRANTED IN THE FOLLOWING CASE PENDING ON PETITION FOR REVIEW:

00-0005 RICHARD T. MULLEN v. DIANE CHEATHAM; from Dallas County; 5th district (05-99-00916-CV, RULE 47.7, 12-06-99)

stay order issued

response to motion requested by 5:00 p.m., January 13, 2000

response to petition for review requested by February 2, 2000

[NOTE: The petition for review remains pending before this Court.]



(Order delivered January 3, 2000)






THE FOLLOWING OPPOSED EMERGENCY MOTION FOR STAY OF

PROCEEDINGS IS OVERRULED IN THE FOLLOWING CASE PENDING ON

PETITION FOR WRIT OF MANDAMUS:

99-1287 IN RE CHERYL WEATHERLY BINNIE and TAKE STOCK, INC.



[NOTE: The petition for writ of

mandamus remains pending

before this Court.]



(Order delivered January 4, 2000)





THE UNOPPOSED MOTION TO ENLARGE NUMBER OF PAGES IS OVERRULED IN
THE FOLLOWING CASE PENDING ON PETITION FOR REVIEW:

99-1243 WALTER A. MILLER v. STATE AND COUNTY MUTUAL FIRE INSURANCE COMPANY, LONNIE KOSSUTH LEDBETTER, KENNETH EUGENE CURTISS, and WINDSOR INSURANCE COMPANY; from County; 2nd district (02-98-00180-CV)

Petitioner's motion for leave to exceed page limits is overruled. Petitioner is ordered to redraw the received petition in accordance with Tex. R. App. P. 53.6; the redrawn petition is due to be filed no later than January 12, 2000. See Tex. R. App. P. 9.4(i), 53.9.

THE FOLLOWING DECISION OF THE BOARD OF DISCIPLINARY APPEALS

IS AFFIRMED:

99-0867 IN THE MATTER OF ALTO V. WATSON, III


ORDER OF THE COURT

THE FOLLOWING CAUSES ARE SET FOR SUBMISSION ON WEDNESDAY,

FEBRUARY 9, 2000, AT 9:00 A.M.:

99-0616 IN RE KENNETH GEORGE

- consolidated for oral argument with -

99-0648 IN RE EPIC HOLDINGS, INC., EPIC HEALTHCARE GROUP, INC., and EPIC HEALTHCARE MANAGEMENT CO.

Time allotted to argue: 20/20 minutes

(Justice Enoch, Justice Hankinson, and Justice Gonzales not sitting)

THE FOLLOWING CAUSE IS SET FOR SUBMISSION ON WEDNESDAY,

MARCH 22, 2000, AT 9:00 A.M.:

99-1301 JOE R. STRINGER; DESIREE H. STRINGER v. CENDANT MORTGAGE CORPORATION, d/b/a PHH MORTGAGE SERVICES CORPORATION

Oral submission of this cause will be conducted at the University of St. Mary's School of Law in San Antonio, Texas. See Tex. Const. Art. V, § 3(a).

Time allotted to argue: 20/20 minutes