THE SUPREME COURT OF TEXAS



Orders Pronounced January 11, 2001



ORDERS ON CASES GRANTED

THE FOLLOWING PETITION FOR REVIEW IS GRANTED:

00-0547 AMERICAN MOTORISTS INSURANCE COMPANY and THOM GIBSON v. BARBARA ANNE FODGE; from Dallas County; 5th district (05-97-00981-CV, RULE 47.7, 04-18-00)

THE FOLLOWING MOTIONS FOR REHEARING OF PETITIONS FOR REVIEW

ARE GRANTED:

00-0277 ROBBY COLLINS, ROBERT HINKLE, JON DAHLANDER, and ROBERT PAYTON v. SHIRLEY ISON-NEWSOME; from Dallas County; 5th district (05-97-01760-CV, RULE 47.7, 11-09-99)



The Court grants petitioners' motion for rehearing, withdraws its order of September 21, 2000, denying the petition for review, and grants the petition.

00-0829 TOMAS CHAPA YZAGUIRRE, ET AL. v. KCS RESOURCES, INC.; from Dallas County; 5th district (05-97-02020-CV, RULE 47.7, 06-27-00)



The Court grants petitioners' motion for rehearing, withdraws its order of October 26, 2000, denying the petition for review, and grants the petition.





ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:



00-0294 JACK L. IVEY, M.D. v. CANDACE and JEFF MAYFIELD and JAMES E. GIRARDS; from Dallas County; 5th district (05-97-00219-CV, RULE 47.7, 12-22-99)

00-0356 JON MICHAEL WITHROW v. ALBA ROSA SCHOU; from Brazoria County; 14th district (14-97-00492-CV, 13 SW3d 37, 12-02-99)

00-0381 THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS v. RAUL REYES; from Reeves County; 8th district (08-96-00418-CV, 22 SW3d 516, 01-13-00)

00-0442 FORMOSA PLASTICS CORPORATION, USA and FORMOSA PLASTICS CORPORATION, TEXAS v. KAJIMA INTERNATIONAL INC.; from Calhoun County; 13th district (13-98-00266-CV, 15 SW3d 289, 03-23-00)

2 petitions



Justice Hecht notes his dissent

00-0508 KIMBERLY A. SPRING v. GREG LAIR, INC. and RON SMITH; from Randall County; 7th district (07-99-00143-CV, 23 SW3d 443, 04-11-00)

00-0582 C. C. KILGORE, ET AL. v. BLACK STONE OIL CO., ET AL.; from Polk County; 9th district (09-98-00143-CV, 15 SW3d 666 04-27-00)

2 petitions

petition on behalf of C. C. Kilgore, et al., as amended



00-0597 CITY OF HOUSTON v. WILLIAM OLDFIELD; from Harris County; 14th district (14-98-00840-CV, 15 SW3d 219, 03-09-00)

00-0598 A. G. PERRY & SON, INC. and LESTER DONALD LAMON v. RICK HUCKABY and JERI BOYD; from Gregg County; 6th district (06-98-00056-CV, 20 SW3d 194, 05-02-00)

2 petitions


00-0646 CAROLE KEETON RYLANDER, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS, and JOHN CORNYN, ATTORNEY GENERAL OF THE STATE OF TEXAS v. BANDAG LICENSING CORPORATION; from Travis County; 3rd district (03-99-00427-CV, 18 SW3d 296, 05-11-00)



00-0795 ROYAL SOLARIS CARIBE HOTEL & MARINA, VILLAS INTERNACIONALES DEL CARIBE, S.A. DE C.V. and VILLAS SOLARIS S.A. DE C.V. v. DAVID RANSLEM, LEIGH ANN RANSLEM, JEFF POSEY, and JANA POSEY; from Harris County; 14th district (14-99-01255-CV, RULE 47.7, 06-15-00)



Justice Hecht notes his dissent

00-0887 MID-CENTURY INSURANCE COMPANY OF TEXAS v. JOYCE FOREMAN and WAYNE FOREMAN; from Tarrant County; 2nd district (02-98-00163-CV, RULE 47.7, 02-17-00)

00-0930 HAGGAR APPAREL COMPANY v. MARIA E. ANDRAE; from Nueces County; 13th district (13-98-00049-CV, RULE 47.7, 06-22-00)

00-0939 FEDERAL INSURANCE COMPANY v. TEXAS DISTRICT LUTHERAN CHURCH-MISSOURI SYNOD, ET AL.; from Travis County; 3rd district (03-99-00268-CV, RULE 47.7, 05-18-00)

2 petitions

motion for extension of time to file reply denied

00-0999 RAMONA G. ESCALANTE and MARGARITO P. ESCALANTE v. JAMES D. KOERNER, ET AL.; from Nueces County; 13th district (13-97-00910-CV, 28 SW3d 641, 08-10-00)

2 petitions



00-1026 JOSEPH WILLIAM KELLY, SR. and KATHLEEN KELLY JARRETT, individually and as heirs of JOSEPH WILLIAM KELLY, JR., deceased, and MICHAEL O. STINSON, individually and on behalf of THE ESTATE OF JOHN MICHAEL STINSON, deceased v. LIN TELEVISION OF TEXAS, L.P. d/b/a KXAS TELEVISION, LIN TELEVISION OF TEXAS, INC., LIN BROADCASTING CORP., KXTX OF TEXAS, INC., KXTX, INC. f/k/a CBN CONTINENTAL BROADCASTING NETWORK, INC., CHRISTIAN BROADCASTING NETWORK, INC., KXAN, INC., and NORTH TEXAS BROADCASTING CORP.; from Dallas County; 11th district (11-99-00128-CV, 27 SW3d 564, 08-17-00)

as redrafted



00-1051 PAUL DOUGLAS GONZALES and KENNETH A. GONZALES v. BOARD OF PILOT COMMISSIONERS FOR THE PORTS OF BRAZORIA COUNTY, TEXAS; from Brazoria County; 14th district (14-99-00272-CV, RULE 47.7, 08-24-00)

00-1141 YELLOW RAILROAD TRANSIT CORP. v. SOUTHERN PACIFIC TRANSPORTATION COMPANY; from El Paso County; 8th district (08-98-00408-CV, RULE 47.7, 07-17-00)

00-1148 MARY ZIMMERMAN v. ROBERT BRETT MASSONI; from Travis County; 3rd district (03-99-00509-CV, ___ SW3d ___, 12-14-00)

00-1153 ALFREDO VASQUEZ v. JEFF HUDSON, ET AL.; from San Patricio County; 13th district (13-98-00582-CV, RULE 47.7, 08-17-00)

00-1156 BIO-MEDICAL APPLICATIONS OF TEXAS, INC., d/b/a BIO-MEDICAL APPLICATIONS - EL PASO v. DIONICIO MANUEL ALVAREZ, M.D., ALICE ALVAREZ, and TOTAL RENAL CARE, INC.; from El Paso County; 8th district (08-99-00017-CV, RULE 47.7, 09-21-00)

00-1160 BALDWIN, BRUCE and UNIVERSITY HEALTH CARE PLAZA, INC. v. LIBERTY LEASING COMPANY; from Dallas County; 5th district (05-99-00267-CV, RULE 47.7, 06-20-00)

00-1164 JOHN C. MERCIER v. MIDTEXAS PIPELINE COMPANY; from Gonzales County; 13th district (13-98-00128-CV, 28 SW3d 712, 08-24-00)

00-1165 W. W. MERCIER and BETTY J. MERCIER v. MIDTEXAS PIPELINE COMPANY; from Gonzales County; 13th district (13-98-00126-CV, 28 SW3d 712, 08-24-00)

00-1174 PROVIDENCE WASHINGTON INSURANCE COMPANY v. A&A COATING, INC.; from Morris County; 6th district (06-00-00015-CV, 30 SW3d 554, 09-22-00)

00-1188 JOHN D. PRATT v. TRINITY PROJECTS, INC.; from Liberty County; 9th district (09-99-00343-CV, 26 SW3d 767, 10-05-00)

00-1205 MITTIE FLEMING v. ALLEN LEE CRANE, insured by STATE FARM INSURANCE GROUP; from Dallas County; 5th district (05-99-00489-CV, RULE 47.7, 12-20-99)



00-1225 ANNIE M. HOPPE v. TEXAS CAPITAL BANK, N.A.; from Harris County; 14th district (14-98-00621-CV, RULE 47.7, 08-10-00)



00-1227 ABRAHAM NEE NTREH v. THE UNIVERSITY OF TEXAS AT DALLAS; from Dallas County; 5th district (05-99-01165-CV, RULE 47.7, 08-07-00)





THE FOLLOWING PETITIONS FOR REVIEW ARE DISMISSED

FOR WANT OF JURISDICTION:

00-0350 CITY OF SAN AUGUSTINE, TEXAS v. SHARON PARRISH, WILL PARRISH, and WENDY PARRISH REVEY; from San Augustine County; 12th district (12-99-00089-CV, 10 SW3d 734, 12-30-99)

as corrected

00-1133 KAREN WILLIAMSON v. A-1 ELECTRIC AUTO SERVICE and MARIO RODRIGUEZ d/b/a A-1 ELECTRIC; from Nueces County; 13th district (13-00-00478-CV, 28 SW3d 731, 08-24-00)





ORDERS ON MOTIONS FOR REHEARING

THE FOLLOWING MOTIONS FOR REHEARING OF PETITIONS FOR REVIEW

ARE DENIED:

99-1248 THE UNIVERSITY OF TEXAS MEDICAL BRANCH HOSPITAL AT GALVESTON v. DARCY HARDY, individually and as representative of THE ESTATE OF DOROTHY WALSH, deceased; from Galveston County; 14th district (14-98-00971-CV, 2 SW3d 607, 08-31-99)



00-0765 BLUEWATER CONSTRUCTORS, INC. v. RONNIE MURPHY and GARY MURPHY; from Jim Wells County; 10th district (10-98-00187-CV, RULE 47.7, 06-21-00)



MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

00-1163 IN RE WESLEY LINCOLN

00-1269 IN RE BRIDGESTONE/FIRESTONE, INC.

stay order of December 14, 2000, lifted



(Order delivered January 8, 2001)

01-0012 IN RE DYNAMIC HEALTH, INC., COMMUNITY HEALTH SYSTEMS, INC., D.H.I. HOSPITALS, L.P., and NORTHEAST MEDICAL CENTER, L.P.

emergency motion for stay denied



(Order delivered January 5, 2001)



01-0024 IN RE AMS CONSTRUCTION COMPANY, INC. d/b/a AMS STAFF LEASING and AMS STAFF LEASING, INC.

motion for temporary relief denied



THE FOLLOWING PETITION FOR WRIT OF HABEAS CORPUS IS DENIED:

00-1281 IN RE EX PARTE ODIS BRIGGS, SR.

motion for emergency relief denied





THE MOTION FOR TEMPORARY RELIEF IS DENIED IN THE

FOLLOWING CASE PENDING ON PETITION FOR REVIEW:

01-0009 THE CITY OF GALVESTON v. FLAGSHIP HOTEL, LTD.; from Galveston County; 14th district (14-00-01135-CV, RULE 47.7, 12-07-00)








THE FOLLOWING MOTION FOR LEAVE TO FILE PETITION FOR REVIEW IN

EXCESS OF PAGE LIMITS SET FORTH IN TEXAS RULES OF

APPELLATE PROCEDURE, 53.6 IS DENIED:





00-1262 CHRISTINE E. REULE v. STEPHEN R. LANDAU, individually, and LAW OFFICES OF STEPHEN R. LANDAU, a professional law corporation, CONNOLLY OYLER, individually, CONNOLLY OYLER, a professional corporation, JOHN MARK SAMBERG, individually, PETER BISNO, individually, THE LAW OFFICES OF BISNO AND SAMBERG, a partnership, and ALVIN ZIMMERMAN, individually; from Harris County; 1st district (01-98-00924-CV, RULE 47.7, 10-05-00)



With the following notation: "The Court denies petitioner's motion for leave to exceed page limits and strikes the redrafted petition for review filed December 29, 2000. Petitioner is ordered to redraw; the redrawn petition is due to be filed no later than 5:00 p.m. on February 12, 2001. See Tex. R. App. P. 9.4(i), 53.6." Petitioner's motions for order of pauper status, for extension of time in which to file an amended and/or supplemental petition for review, and for appointment of counsel are denied.





THE MOTION FOR REHEARING ON COUNSEL FOR

PETITIONER'S AMENDED AND UNOPPOSED MOTION FOR APPROVAL OF

ATTORNEY FEES IS DENIED IN THE FOLLOWING CASE:

99-1183 SISTERS OF CHARITY OF THE INCARNATE WORD, HOUSTON, TEXAS, a certified self-insured v. ALICE M. PHIPPS; from Hardin County; 9th district (09-99-00004-CV, RULE 47.7, 10-07-99)









ORDER OF THE COURT

THE FOLLOWING CAUSES ARE SET FOR SUBMISSION ON WEDNESDAY,

MARCH 7, 2001, AT 9:00 A.M.:

00-0625 SOUTHWESTERN ELECTRIC POWER COMPANY v. MUR LEE GRANT; from Rusk County; 6th district (06-98-00159-CV, 20 SW3d 764, 03-30-00)



Time allotted to argue: 20/20 minutes

00-0643 THE M.D. ANDERSON CANCER CENTER, JOHN MENDELSOHN, M.D., and JOHN DOES nos. 1 through 10 v. HENRY J. NOVAK, individually, and as class representative; from Travis County; 3rd district (03-99-00150-CV, RULE 47.7, 03-09-00)

Time allotted to argue: 20/20 minutes



00-0688 RIYAD BANK, HOUSTON AGENCY v. TAWFIC AL GAILANI and ABDALLAH ADEL; from Harris County; 8th district (08-99-00139-CV, 22 SW3d 560, 04-06-00)



Time allotted to argue: 20/20 minutes



THE FOLLOWING CAUSES ARE SET FOR SUBMISSION ON WEDNESDAY,

MARCH 21, 2001, AT 9:00 A.M.:

00-0277 ROBBY COLLINS, ROBERT HINKLE, JON DAHLANDER, and ROBERT PAYTON v. SHIRLEY ISON-NEWSOME; from Dallas County; 5th district (05-97-01760-CV, RULE 47.7, 11-09-99)



Time allotted to argue: 20/20 minutes



00-0710 MCALLEN MEDICAL CENTER, INC. v. RAMIRO CORTEZ, JR., ET AL.; from Hidalgo County; 13th district (13-99-00380-CV, 17 SW3Dd 305, 04-06-00)



Time allotted to argue: 20/20 minutes






THE FOLLOWING CAUSE IS SET FOR SUBMISSION ON WEDNESDAY,

MARCH 28, 2001, AT 9:00 A.M.:

00-0547 AMERICAN MOTORISTS INSURANCE COMPANY and THOM GIBSON v. BARBARA ANNE FODGE; from Dallas County; 5th district (05-97-00981-CV, RULE 47.7, 04-18-00)



Time allotted to argue: 20/20 minutes

 

 

THE FOLLOWING CAUSE IS SET FOR SUBMISSION ON WEDNESDAY,

APRIL 4, 2001, AT 9:00 A.M.:

 

00-0829 TOMAS CHAPA YZAGUIRRE, ET AL. v. KCS RESOURCES, INC.; from Dallas County; 5th district (05-97-02020-CV, RULE 47.7, 06-27-00)

Time allotted to argue: 20/20 minutes