THE SUPREME COURT OF TEXAS

Orders Pronounced January 13, 2000

ORDERS ON CAUSES

98-0617 CITY OF GARLAND, TEXAS and RON HOLIFIELD v. THE DALLAS MORNING NEWS; from Dallas County; 5th district (05-95-01350-CV, 969 SW2D 548, 05-13-98)

The Court affirms the court of appeals' judgment.

Plurality opinion by Justice Baker, joined by

Justice Hankinson, Justice O'Neill, and Justice Gonzales

Concurring opinion by Justice Enoch, joined by

Chief Justice Phillips and Justice Abbott

Dissenting opinion by Justice Owen, joined by Justice Hecht

98-1220 HAROLD HAVLEN v. VIVIAN L. MCDOUGALL; from Bexar County; 4th district (04-97-00413-CV, 980 SW2D 767, 09-09-98)

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

Opinion of the Court by Justice Baker

THE MOTIONS TO SEVER ARE GRANTED IN THE FOLLOWING CAUSES:

99-0411 JAMES EMBREY, guardian of DONALD L. McNEILLEY, and the estate of DONALD L. McNEILLEY v. ROYAL INSURANCE COMPANY OF AMERICA and ROYAL INDEMNITY COMPANY; from Dallas County; 5th district (05-96-01691-CV, 986 SW2D 729, 01-21-99)

99-0453 JERRY L. HENSON v. SOUTHERN FARM BURAEU CASUALTY INSURANCE COMPANY and TEXAS FARM BUREAU MUTUAL INSURANCE COMPANY; from Terry County; 7th district (07-98-00173-CV, 989 SW2D 837, 03-08-99)

ORDERS ON CASES GRANTED

THE FOLLOWING PETITION FOR REVIEW IS GRANTED:

99-0667 THE JOHN G. and MARIA STELLA KENEDY MEMORIAL FOUNDATION and CORPUS CHRISTI DIOCESE OF THE ROMAN CATHOLIC CHURCH v. DAVID DEWHURST, commissioner of the general land office, and THE STATE OF TEXAS; from Travis County; 3rd district (03-96-00517-CV, 994 SW2D 285, 05-27-99)

2 petitions

ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

99-0465 COMMISSIONERS COURT OF GRAYSON COUNTY, TEXAS, HONORABLE HORACE GROFF, HONORABLE DOUGLAS WALKER, HONORABLE JONNIE MCCRAW, HONORABLE CAROL SHEA, and HONORABLE C. E. SHORT v. CLIFFORD ALBIN; from Grayson County; 6th district (06-98-00169-CV, 992 SW2D 597, 04-16-99)

99-0961 SHARON LEE v. DRESSER INDUSTRIES, INC.; from Harris County; 1st district (01-97-00072-CV)

(Justice Enoch not sitting)

99-1047 SHANNON TAYLOR and husband, WILLIAM "BILL" H. TAYLOR, JR., individually and a/n/f of their minor children, M. H. and A. L. H. v. TMJ IMPLANTS, INC. and JAMES WAYNE KENNEDY, D.D.S.; from Galveston County; 14th district (14-97-01194-CV, RULE 47.7, 06-03-99)

99-1063 JOSEPH D. JAMES, D. D. S. v. LINDA JO SPIVEY and JAMES GLENN SPIVEY; from Bowie County; 6th district (06-98-00111-CV, 1 SW2D 380, 09-08-99)

99-1073 CHARLES E. PACE and MARIA T. FUENTEZ v. DON D. JORDAN, DON D. SYKORA, MILTON CARROLL, JOHN T. CATER, FLOYD L. CULLER, JR., JOSEPH M. HENDRIE, HOWARD W. HORNE, THOMAS B. MCDADE, RANDALL MEYER, ALEXANDER F. SCHILT, KENNETH L. SCHNITZER, JACK T. TROTTER, HOUSTON INDUSTRIES, INC., and HOUSTON; from Harris County; 1st district (01-98-00682-CV, 999 SW2D 615, 08-26-99)

99-1095 AMERICAN INDEMNITY GROUP v. DAVED "BUDDY" WEISINGER, d/b/a W. W. LOGGING; from Angelina County; 9th district (09-98-00442-CV, RULE 47.7, 08-12-99)

99-1106 TEXAS PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION v. CHRISTOPHER P. JOHNSON; from Travis County; 3rd district (03-98-00475-CV, ___ SW2D ___, 09-23-99)

99-1121 NATHAN MCDADE v. DAVID LAUDERDALE; from Jefferson County; 9th district (09-99-00342-CV, RULE 47.7, 09-15-99)

99-1129 JOSE BALDERAS v. GRUPO INMOBILIARIO MORALES FRANCO, S. A., INC. (formerly GIMFSA, INC.) and ELISEO MORALES PADILLA; from Hidalgo County; 13th district (13-98-00247-CV, RULE 47.7, 08-05-99)

99-1141 HAROLD MICHAEL GRIFFIN and LINDA GRIFFIN v. THE TRAVELERS INDEMNITY COMPANY OF RHODE ISLAND; from Dallas County; 5th district (05-99-00349-CV, ___ SW3D ___, 10-26-99)

99-1148 GLENN A. MAGARIAN, INC., ADVANCED CARE MEDICAL GROUP, INC., and GLENN A. MAGARIAN v. NATIONAL FINANCE CORPORATION; from Dallas County; 5th district (05-97-00663-CV, RULE 47.7, 10-13-99)

99-1161 TACO CABANA, INC. v. EXXON CORPORATION; from Bexar County; 4th district (04-98-00444-CV, ___ SW3D___, 09-08-99)

(Justice O'Neill not sitting)

99-1196 CARL W. CURRY v. DAVID NOBLE and wife SHERRI NOBLE; from Bailey County; 7th district (07-98-00315-CV, RULE 47.7, 09-14-99)

99-1200 INTERCERAMIC, INC. v. SOUTH ORIENT RAILROAD COMPANY, LTD.; from Dallas County; 6th district (06-98-00158-CV, ___ SW3D ___, 09-17-99)

(Justice Enoch not sitting)

99-1219 LINDA WILLIAMS and JOHN W. WILLIAMS, individually and as representatives of THE ESTATE OF JOHN WESLEY WILLIAMS, deceased v. STANLEY CHATMAN, CAROLYN THOMPSON, MELISSA GEBHART, LARRY REAT, DOROTHY JOHNSON and BOBBIE PATTERSON; from Lubbock County; 7th district (07-98-00310-CV, ___ SW3D ___, 10-20-99)

99-1231 THE CHARTER OAK FIRE INSURANCE COMPANY, INC. v. CARMEN CERVANTES; from Ector County; 8th district (08-98-00207-CV, RULE 47.7, 08-13-99)

THE FOLLOWING PETITION FOR REVIEW IS ABATED:

99-1274 MCKINNEY AMERICAN, INC. v. JOHN P. JOHNSTON, INC. and JOHN P. JOHNSTON; from Harris County; 14th district (14-97-01207-CV, ___ SW3D ___, 11-10-99)

motion to abate granted

With the following notation: "This case is abated until the court of appeals rules on the pending motion for rehearing in this case. The parties are responsible for notifing this Court when the court of appeals has reached a decision."

THE FOLLOWING PETITION FOR REVIEW IS ABATED

PURSUANT TO BANKRUPTCY:

99-1224 STEVEN MARK WHITWORTH v. TNT BESTWAY TRANSPORTATION INC. f/k/a TNT BESTWAY, INC. and WILLIAM ORR; from Dallas County; 5th district (05-96-01900-CV, RULE 47.7, 06-10-99)

Pursuant to the notice of bankruptcy of Steven Mark Whitworth, filed December 28, 1999, this case is hereby abated. The parties are responsible for notifing this Court when the automatic stay is lifted. See Tex. R. App. P. 8.2, 8.3.

THE FOLLOWING PETITION FOR REVIEW IS STRUCK PURSUANT TO

RULE 9.4(i), TEXAS RULES OF APPELLATE PROCEDURE:

99-1124 ISKCON ASSET MANAGEMENT/ R. K. DHINGRA, TRUSTEE v. HEALTHELP SERVICES GROUP, INC. d/b/a CYPRESS LAKEWOOD PHYSICAL THERAPY / SAM FONTENOT, MATRIX REHABILITATION, INC. and MARY R. DAULONG; from Harris County; 14th district (14-97-01300-CV, RULE 47.7, 07-08-99)

The Court strikes the petition for review because it exceeds page limits set forth in Tex. R. App. P. 53.6. Petitioner is ordered to redraw; the redrawn petition is due to be filed no later than January 28, 2000.

ORDERS ON MOTIONS

THE FOLLOWING MOTIONS FOR REHEARING OF PETITIONS FOR REVIEW

ARE OVERRULED:

99-0759 ENRIQUE AHUMADA, ET AL. v. DOW CHEMICAL COMPANY; from Harris County; 14th district (14-96-01513-CV, 992 SW2D 555, 03-25-99)

99-0947 ESMERALDA MUNOZ v. WAL-MART STORES, INC. and ORALIA CASTILLO; from Hidalgo County; 13th district (13-98-00087-CV, RULE 47.7, 05-13-99)

99-0982 ROGER H. CASANOVA v. BAPTIST MEMORIAL HEALTHCARE SYSTEMS; from Bexar County; 4th district (04-97-00756-CV, ___ SW3D ___, 04-28-99)

THE MOTIONS FOR ADDITIONAL TIME TO PRESENT ORAL ARGUMENT ARE OVERRULED IN THE FOLLOWING CAUSE:

99-0261 THE TORRINGTON COMPANY and INGERSOLL-RAND CORPORATION v. SHARON STUTZMAN, ET AL.; from Jefferson County; 09th district (09-97-00059-CV, RULE 47.7, 02-25-99)

motion on behalf of Textron, Inc., Bell Helicopter International, Inc., and Bell Helicopter Textron, Inc. for additional time for oral argument is overruled

motion on behalf of Sharon Stutzman for reallocation of time for argument is overruled

(Order delivered January 12, 2000)

MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

99-0633 IN RE MARIA AVILA

Dissenting opinion by Justice Hecht

99-1167 IN RE BRADLEY SCOTT WEISS and RICHARD BULA

as amended

motion for sanctions overruled

99-1211 IN RE RONALD E. JOHNSON

99-1213 IN RE ROBERT LEE GILL, JR.

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS STRUCK

PURSUANT TO RULE 9.4(i), TEXAS RULES OF APPELLATE PROCEDURE

00-0025 IN RE VOLKSWAGEN OF AMERICA, INC.

With the following notation: "The petition for writ of mandamus is struck because it exceeds page limits set forth in Tex. R. App. P. 52.6. Relator is ordered to redraw; the redrawn petition is due to be filed no later than January 28, 2000. See Tex. R. App. P. 9.4(i)."

ORDER OF THE COURT

THE FOLLOWING CAUSE IS RESET FOR SUBMISSION ON WEDNESDAY,

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

99-0453 JERRY L. HENSON v. SOUTHERN FARM BURAEU CASUALTY INSURANCE COMPANY and TEXAS FARM BUREAU MUTUAL INSURANCE COMPANY; from Terry County; 7th district (07-98-00173-CV, 989 SW2D 837, 03-08-99)

THE FOLLOWING CAUSE IS SET FOR SUBMISSION ON WEDNESDAY,

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

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

Time allotted to argue: 20/20 minutes