THE SUPREME COURT OF TEXAS



Orders Pronounced January 18, 2001


ORDERS ON CAUSES

99-0501 STATE AND COUNTY MUTUAL FIRE INSURANCE COMPANY v. WALTER A. MILLER; from Nueces County; 13th district (13-97-00705-CV, 988 SW2d 326, 02-18-99)

2 petitions

petition of behalf of State and County Mutual Fire Insurance Company, as supplemented and corrected



Pursuant to Rule 59.1, Texas Rules of Appellate Procedure, after granting the petitions for review and without hearing oral argument, the Court affirms in part and reverses in part the court of appeals' judgment, renders judgment in part, and remands the cause to the trial court in part.



Per Curiam Opinion

99-0728 ERNESTO and MARIA RESENDEZ, individually and a/n/f of M. R., a minor, PATSY MANNING, individually and a/n/f of M. M., a minor, LESTER VAUGHN, SR., individually and a/n/f of L. V., a minor, ADELA MORENO, individually and a/n/f of A. M., a minor v. RON JOHNSON and CHAD WOOLERY, individually and in their official capacities; from Dallas County; 5th district (05-98-00798-CV, 993 SW2d 723, 03-25-99)

2 petitions



The Court withdraws its order of January 27, 2000 granting the petitions as improvidently granted and dismisses the petititons for want of jurisdiction.



Opinion of the Court by Justice Enoch



99-1100 RAY E. GILBERT, JR., MARIO MELGAR, RICHARD MONTEZ and BILL NEWKIRK v. EL PASO COUNTY HOSPITAL DISTRICT, COUNTY OF EL PASO, and CHARLES W. "CHUCK" MATTOX, CHARLES HOOTEN, CARLOS AGUILAR, DANIEL HAGGERTY, and MIGUEL TERAN, as the governing board of EL PASO COUNTY HOSPITAL DISTRICT; from El Paso County; 8th district (08-98-00281-CV, 4 SW3d 66, 09-16-99)



The Court reverses the court of appeals' judgment and remands the cause to that court.


Opinion of the Court by Justice O'Neill



00-0457 ROSE CITY SAND CORPORATION and JACK HUEBNER, ET AL. v. MICHAEL WATSON; from Jefferson County; 11th district (11-98-00237-CV, 12 SW3d 614, 02-16-00)

2 petitions



The Court grants petitioners' motions for rehearing and withdraws its order of August 10, 2000 denying the petitions for review. The Court grants the joint motion pursuant to settlement. Pursuant to Rule 56.3, Texas Rules of Appellate Procedure, the Court grants the petitions for review without hearing oral argument or considering the merits, vacates the court of appeals and trial court judgments, and remands the cause to the trial court for entry of judgment in accordance with the settlement agreement of the parties. See Tex. R. App. P. 56.3.

00-0827 DSI STAFF CONNXIONS SOUTHWEST, INC. v. FEDERICO FARIAS; from El Paso County; 8th district (08-98-00367-CV, RULE 47.7, 05-25-00)

The Court grants the joint motion to grant petition and render judgment to effectuate agreement. Pursuant to Rule 56.3, Texas Rules of Appellate Procedure, the Court grants the petition for review without hearing oral argument or considering the merits, vacates the court of appeals and trial court judgments, and remands the cause to the trial court for vacation and dismissal of all claims. See Tex. R. App. P. 56.3.





THE MOTION TO WITHDRAW AND TO SUBSTITUTE AND DESIGNATE

NEW LEAD APPELLATE COUNSEL IS GRANTED IN THE

FOLLOWING CAUSE:

99-0755 TEXAS HEALTH ENTERPRISES, INC. d/b/a KERN MANOR and HEA MANAGEMENT GROUP, INC. v. WALTER R. GEISLER, individually and as legal representative of THE ESTATE OF RUTH SIMMONS; from Denton County; 2nd district (02-98-00026-CV, 9 SW3d 163, 06-24-99)

2 petitions


THE MOTION TO RESET ORAL ARGUMENT IS GRANTED IN THE

FOLLOWING CAUSE:

00-0041 WAGNER & BROWN, LTD. and CANYON ENERGY, INC. d/b/a CANYON PIPELINE CORP. v. LONNIE HORWOOD and DAVID LAWRENCE GLASS; from Midland County; 8th district (08-98-00234-CV, RULE 47.7, 12-09-99)






ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:



99-1243 WALTER A. MILLER v. STATE AND COUNTY MUTUAL FIRE INSURANCE COMPANY, LONNIE KOSSUTH LEDBETTER, KENNETH EUGENE CURTISS, and WINDSOR INSURANCE COMPANY; from Tarrant County; 2nd district (02-98-00180-CV, 1 SW3d 709, 07-29-99)

as redrafted and corrected

00-0400 CITY OF EAGLE PASS/TEXAS MUNICIPAL LEAGUE WORKERS' COMPENSATION JOINT INSURANCE FUND, and CAPITAL METRO TRANSPORTATION AUTHORITY/TEXAS MUNICIPAL LEAGUE WORKERS' COMPENSATION JOINT INSURANCE FUND v. TEXAS WORKERS' COMPENSATION COMMISSION; from Travis County; 3rd district (03-99-00406-CV, 14 SW3d 801, 03-09-00)


00-0631 EVENOR RIVAS and CONTINENTAL CASUALTY INSURANCE COMPANY v. CITY OF HOUSTON and JOEL CALFEE; from Harris County; 14th district (14-98-00431-CV, 19 SW3d 901, 06-08-00)

00-0745 VERN HALLMARK v. CITY OF FREDERICKSBURG; from Gillespie County; 4th district (04-99-00519-CV, RULE 47.7, 06-07-00)


00-0770 CITY OF SAN ANTONIO and GALDINO M. VILLANUEVA, JR. v. SANTOS FLORES, JR., individually, and a/n/f of S. F., IV, a minor; and RICHARD LAREDO, SR. a/n/f of R. L., JR., a minor, and as representative of THE ESTATE OF MARTHA FLORES, deceased; from Bexar County; 4th district (04-99-00555-CV, RULE 47.7, 06-14-00)

2 petitions

motion to dismiss dismissed as moot

00-0989 DAN THOMAS v. R. BUSH, ET AL.; from Polk County; 9th district (09-00-00081-CV, 23 SW3d 215, 08-03-00)

00-1061 TEXAS DEPARTMENT OF BANKING, RANDALL JAMES, BANKING COMMISSIONER, and CAROLE KEETON RYLANDER, TEXAS COMPTROLLER OF PUBLIC ACCOUNTS v. MOUNT OLIVET CEMETERY ASSOCIATION; from Travis County; 3rd district (03-99-00359-CV, 27 SW3d 276, 08-31-00)

as corrected



00-1157 GULF COAST ALLOY WELDING, INC. v. BEST INDUSTRIAL UNIFORM SUPPLY CO., INC.; from Harris County; 7th district (07-00-00326-CV, ___ SW3d ___, 10-18-00)

00-1158 ANNIE F. LAAS and EVERETT A. LAAS v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY; from Harris County; 14th district (14-98-00488-CV, RULE 47.7, 08-10-00)

00-1175 STANLEY JOSEPH MARTINEZ v. STATE FARM LLOYDS; from Nueces County; 13th district (13-98-00466-CV, RULE 47.7, 08-31-00)

00-1177 MARICELA V. MARTINEZ v. GUILLERMO MARTINEZ; from Cameron County; 13th district (13-99-00223-CV, RULE 47.7, 08-10-00)


00-1178 RENE CORREA, as administrator of THE ESTATE OF ARTHUR J. SHWERY, deceased v. TEXAS COMMERCE BANK-RIO GRANDE VALLEY, N.A.; from Hidalgo County; 13th district (13-98-00598-CV, 28 SW3d 723, 08-24-00)

00-1183 DON BROOKS and ANGIE BROOKS v. KEVIN ARNOLD; from Angelina County; 9th district (09-00-00165-CV, RULE 47.7, 10-05-00)

00-1194 IVAN KREIPE v. TEXAS DEPARTMENT OF PUBLIC SAFETY; from Harris County; 14th district (14-99-00235-CV, 29 SW3d 334, 10-05-00)

00-1199 RONALD K. ACKERMAN v. TEXAS DEPARTMENT OF PUBLIC SAFETY; from Harris County; 10th district (10-99-00302-CV, 31 SW3d 672, 10-04-00)

00-1207 JAMES E. SHANNON, JR. and CAROLYN C. SHANNON v. CALHOUN COUNTY NAVIGATION DISTRICT; from Calhoun County; 13th district (13-99-00347-CV, 28 SW3d 707, 08-24-00)

00-1208 WAYNE HENDERSON and HATTIE HENDERSON v. CALHOUN COUNTY NAVIGATION DISTRICT; from Calhoun County; 13th district (13-99-00346-CV, 28 SW3d 707, 08-24-00)



00-1209 LOUIS FOESTER, III and SHIRLEY FOESTER v. CALHOUN COUNTY NAVIGATION DISTRICT; from Calhoun County; 13th district (13-99-0344-CV, 28 SW3d 707, 08-24-00)

00-1210 JOSEPHINE FOESTER BISHOP INVESTMENT PARTNERSHIP, LTD. and LOUIS FOESTER, III v. CALHOUN COUNTY NAVIGATION DISTRICT; from Calhoun County; 13th district (13-99-00345-CV, 28 SW3d 707, 08-24-00)

00-1211 PAULA S. WAKEFIELD DUNCAN and MICHAEL D. DUNCAN v. CALHOUN COUNTY NAVIGATION DISTRICT; from Calhoun County; 13th district (13-99-00343-CV, 28 SW3d 707, 08-24-00)

00-1215 RUTH EBNER, as independent executrix of THE ESTATE OF EMIL EBNER v. FIRST STATE BANK OF SMITHVILLE; from Bastrop County; 3rd district (03-98-00351-CV, 27 SW3d 287, 08-31-00)

00-1237 RANDAL HAWTHORNE v. CITY OF DALLAS; from Dallas County; 5th district (05-99-01123-CV, RULE 47.7, 08-31-00)







THE FOLLOWING PETITIONS FOR REVIEW ARE DISMISSED FOR

WANT OF JURISDICTION:

00-0449 TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION v. STACEY HARRISON MCCLAIN; from Potter County; 7th district (07-99-00291-CV, RULE 47.7, 03-20-00)



00-1144 JACK CHARLES ASKINS, M.D. v. WICHITA FALLS/MEDICAL & SURGICAL CLINIC, L.L.P.; from Wichita County; 2nd district (02-00-00027-CV, RULE 47.7, 07-13-00)

THE FOLLOWING PETITION FOR REVIEW IS DISMISSED AS MOOT:

00-0468 JAMES W. PAULSEN, INDEPENDENT BANKERS ASSOCIATION OF TEXAS, TEXAS BANKERS ASSOCIATION, and TEXAS SAVINGS & COMMUNITY BANKERS ASSOCIATION v. TEXAS EQUAL ACCESS TO JUSTICE FOUNDATION; from Travis County; 3rd district (03-98-00709-CV, 23 SW3d 42, 12-02-99)


(Justice Enoch not sitting)



ORDERS ON MOTIONS FOR REHEARING

THE FOLLOWING MOTIONS FOR REHEARING OF CAUSES ARE DENIED:

99-1204 TEXAS WORKERS' COMPENSATION INSURANCE FUND v. MIKE MANDLBAUER; from Hardin County; 9th district (09-96-00334-CV, 998 SW2d 939, 09-23-99)

99-1227 GRAPEVINE EXCAVATION INC. v. MARYLAND LLOYDS, A LLOYDS INSURANCE COMPANY



THE FOLLOWING MOTIONS FOR REHEARING OF PETITIONS FOR

REVIEW ARE DENIED:



99-1175 SEARS, ROEBUCK AND CO. and EMERSON ELECTRIC CO. v. ROBERT E. KUNZE; from Jefferson County; 9th district (09-97-00189-CV, 996 SW2d 416, 07-29-99)

motion to strike reply to response to motion for rehearing dismissed as moot

motion for leave to file response to reply to response to motion for rehearing dismissed as moot

motion for leave to file reply to response to motion for rehearing dismissed as moot

00-0968 RUSSELL E. BERTRAND v. WAL-MART STORES, INC. and TERRI HANSEN; from Anderson County; 12th district (12-99-00156-CV, ___ SW3d ___, 05-31-00)

00-1039 CHARLIE LUERA d/b/a CHARLIE'S BODY SHOP v. TOMMY MAYNES; from Dallam County; 7th district (07-99-00325-CV, RULE 47.7, 07-27-00)



00-1085 DELO H. CASPARY v. WILLIAM K. WOODRUFF, WILLIAM K. WOODRUFF & COMPANY, and WKW HOLDINGS, INC.; from Aransas County; 13th district (13-98-00106-CV, RULE 47.7, 08-31-00)





MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

00-1030 IN RE THE STATE OF TEXAS

as corrected and supplemented

emergency motion for stay denied

00-1244 IN RE FRITO-LAY, INC.

00-1260 IN RE CALVARY TEMPLE OF IRVING

00-1283 IN RE RUSSELL E. GALER, II

00-1284 IN RE LAMONT PAUL VIGE

00-1302 IN RE BARRY CURTIS and MICHAEL CLAUNCH

01-0031 IN RE ROBBIE WEESNER

application for stay denied



(Order delivered January 11, 2001)

THE MOTION FOR EMERGENCY STAY IS DENIED IN THE FOLLOWING

DISCIPLINARY APPEAL:

00-1278 MARY HEAFNER v. COMMISSION FOR LAWYER DISCIPLINE

(BODA #17217)



[NOTE: The appeal of a decision of the Board of Disciplinary Appeals remains pending before this Court.]





ORDER OF THE COURT





THE FOLLOWING CAUSE IS RESET FOR SUBMISSION ON WEDNESDAY,

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



00-0041 WAGNER & BROWN, LTD. and CANYON ENERGY, INC. d/b/a CANYON PIPELINE CORP. v. LONNIE HORWOOD and DAVID LAWRENCE GLASS; from Midland County; 8th district (08-98-00234-CV, RULE 47.7, 12-09-99)



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



(Corrected order delivered January 11, 2001)