THE SUPREME COURT OF TEXAS



Orders Pronounced February 1, 2001

ORDERS ON CAUSES

99-0406 DOUGLAS LEHMANN and VIRGINIA LEHMANN v. HAR-CON CORPORATION; from Harris County; 14th district (14-98-00666-CV, RULE 47.7, 07-30-98)



- consolidated with -

99-0461 MELVIN G. HARRIS and HELENA M. HARRIS v. HARBOUR TITLE COMPANY; from Harris County; 14th district (14-99-00034-CV, RULE 47.7, 04-08-99)



The Court reverses the court of appeals' judgments and remands the causes to that court.



The court of appeals' opinions are ordered published pursuant to Tex. R. App. P. 47.3(d).





Opinion by Justice Hecht, joined by Chief Justice Phillips,

Justice Owen, Justice Abbott, and Justice O'Neill



Concurring opinion by Justice Baker, joined by

Justice Enoch, except for Part IV and the

discussion of Inglish and Bandera, and

by Justice Hankinson except for Part IV





99-0981 RON LEVINE and SERENA LEVINE v. BAYNE, SNELL & KRAUSE, LTD.; from Bexar County; 4th district (04-98-00906-CV, RULE 47.7, 08-18-99)

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



The court of appeals' opinion is ordered published pursuant to Tex. R. App. P. 47.3(d).



Opinion by Justice Enoch, joined by Chief Justice Phillips,

Justice Baker, Justice Hankinson, and Justice O'Neill

Concurring opinion by Justice Owen



Dissenting opinion by Justice Hecht, joined by Justice Abbott



99-1015 GENERAL SERVICES COMMISSION v. LITTLE-TEX INSULATION COMPANY, INC.; from Travis County; 3rd district (03-98-00297-CV, 997 SW2d 358, 07-29-99)



- consolidated with -



99-1071 TEXAS A&M UNIVERSITY and BOARD OF REGENTS OF TEXAS A&M UNIVERSITY v. DALMAC CONSTRUCTION COMPANY, INC.; from Travis County; 3rd district (03-98-00531-CV, RULE 47.7, 07-29-99)



The Court reverses the court of appeals' judgments.



The court of appeals' opinions are ordered published pursuant to Tex. R. App. P. 47.3(d).



Opinion by Justice Baker, joined by Chief Justice Phillips,

Justice Hecht, Justice Owen, Justice Hankinson,

Justice O'Neill, and in which Justice Abbott joins,

except to Part III(B)



Concurring opinion by Justice Abbott



Dissenting opinion by Justice Enoch

- consolidated for oral argument with -





99-1070 TEXAS DEPARTMENT OF TRANSPORTATION v. AER-AEROTRON, INC.; from Travis County; 3rd district (03-97-00649-CV, 997 SW2d 687, 06-17-99)



The Court reverses the court of appeals' judgment.



Opinion by Justice Baker, joined by Chief Justice Phillips,

Justice Hecht, Justice Owen, Justice Abbott,

and Justice Hankinson

Dissenting opinion by Justice Enoch



(Justice O'Neill not sitting)



99-1268 IN RE TERRY A. CANALES



- consolidated with -

99-1307 IN RE THE COUNTY OF JIM WELLS



stay order of December 20, 1999 issued in Cause No. 99-1268, lifted



The Court conditionally grants the petitions for writ of mandamus.



Opinion of the Court by Justice Enoch



00-0233 ANNA MARIE MADISON v. RONALD X. GORDON; from Galveston County; 1st district (01-98-00522-CV, 9 SW3d 476, 01-27-00)

motion for supplemental transcript denied



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 renders judgment.



The court of appeals' opinion is ordered published pursuant to Tex. R. App. P. 47.3(d).



Per Curiam Opinion







ORDERS ON PETITIONS FOR REVIEW



THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:



00-0653 JON TURNER, ET UX NICOLE v. THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, THE CORPORATION OF THE BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, and THE CORPORATION OF THE PRESIDENT OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS; from Dallas County; 5th district (05-99-00366-CV, 18 SW3d 877, 05-25-00)



00-0914 CITY OF AUSTIN, TEXAS v. MICHAEL CASTILLO, MARY ANN STONE, GUSTAVO BARRERA, LUIS DELGADO, RAFAEL GUITIERREZ, DOROTEO S. HERNANDEZ, GERARDO MOLINA, ADRIAN DURAN, CHRIS G. VALLEJO, JAMES CASTRO, ERIC MORENO, JOVITA LOPEZ, and DEBBIE TREVINO; from Travis County; 3rd district (03-99-00749-CV, 25 SW3d 309, 07-27-00)



00-1109 BOBBIE S. JONES, CHANCE M. JONES, PARRISH R. JONES, EVA THERIOT SHANER, ROBERT REED SHANER and HONDO L. JONES, deceased, by and through the representative of his estate EVA THERIOT SHANER, and in her individual capacity v. SIG ARMS SAUER GMBH f/k/a J. P. SAUER and SOHN GMBH and SIG SWISS INDUSTRIAL COMPANY HOLDINGS LTD., ET AL.; from Bexar County; 4th district (04-00-00027-CV, 27 SW3d 157, 07-19-00)

as corrected

00-1118 BRIGHTON BUILDERS, INC. v. TOM L. BOALES, ET AL.; from Harris County; 14th district (14-99-00535-CV, 29 SW3d 159, 07-06-00)

00-1218 LEAIRD'S INC., d/b/a LEAIRD'S WHITE ELEPHANT and WHITE ELEPHANT STORE v. WRANGLER, INC.; from Coryell County; 10th district (10-98-00201-CV, ___ SW3d ___, 08-16-00)

00-1221 SPECIALTY RETAILERS, INC. v. RICHARD L. FUQUA; from Harris County; 14th district (14-99-00187-CV, 29 SW3d 140, 05-25-00)

00-1226 KMART CORPORATION v. RACHEL GODEAUX; from Jefferson County; 9th district (09-00-00068-CV, RULE 47.7, 10-05-00)

00-1230 FREDDIE LOUIS BREWER v. GARY JOHNSON, MICHAEL WILSON, JAMES SIMPSON; from Walker County; 14th district (14-99-00874-CV, RULE 47.7, 09-21-00)

00-1231 TOMMY SANDERS v. GARY JOHNSON, ET AL.; from Houston County; 12th district (12-00-00154-CV, RULE 47.7, 10-19-00)

00-1232 RONALD J. HOLLEMAN v. WEST END CAB CO.; from Dallas County; 7th district (07-99-00232-CV, RULE 47.7, 07-06-00)



00-1233 GILBERT ROSS WALKER v. DEPALMA HOTEL CORPORATION d/b/a RAMADA PLAZA HOTEL; from Tarrant County; 2nd district (02-00-00006-CV, RULE 47.07, 10-12-00)

00-1238 IN THE MATTER OF BERNARD ROSENBLATT as applicant for AVW, INC. d/b/a ADULT VIDEO MEGAPLEXXX v. THE CITY OF HOUSTON; from Harris County; 13th district (13-99-00692-CV, 31 SW3d 399, 10-19-00)



00-1240 TEXAS WORKERS' COMPENSATION INSURANCE FUND v. RICHARD D. MARTINEZ; from Jefferson County; 6th district (06-00-00026-CV, 30 SW3d 490, 08-23-00)

as corrected

00-1246 J. H. HUBBARD v. LEON DAVIS; from Harris County; 14th district (14-99-00197-CV, RULE 47.7, 08-10-00)

00-1266 HACKBERRY CREEK HOME OWNERS ASSOCIATION v. ED KHOSHNOUDI; from Dallas County; 5th district (05-98-00388-CV, RULE 47.7, 08-21-00)

THE FOLLOWING PETITION FOR REVIEW IS DISMISSED FOR

WANT OF JURISDICTION:

00-1189 A.J.'S WRECKER SERVICE, INC. v. SENDILL HARRILL; from Dallas County; 5th district (05-99-00475-CV, 27 SW3d 191, 08-10-00)



THE FOLLOWING PETITION FOR REVIEW IS DISMISSED PURSUANT

TO SETTLEMENT:

00-0658 HECTOR GONZALEZ v. THOMAS J. HENRY and MICHAEL HEARN; from Brooks County; 4th district (04-99-00478-CV, 18 SW3d 684, 01-26-00)

motion to dismiss granted









THE FOLLOWING PETITION FOR REVIEW IS ABATED:





00-1270 THE TEXAS STATE BOARD OF PLUMBING EXAMINERS v. ASSOCIATED PLUMBING-HEATING-COOLING CONTRACTORS OF TEXAS, INC.; from Travis County; 3rd district (03-00-00328-CV, RULE 47.7, 10-26-00)



The joint motion to abate appeal filed January 30, 2001, is granted to allow the parties to proceed with settlement negotiations. The petition for review is abated until March 16, 2001, and is removed from the Court's active docket.





ORDERS ON MOTIONS

THE FOLLOWING MOTIONS FOR REHEARING OF CAUSES ARE DENIED:

99-0490 FORTUNE PRODUCTION CO., TUCKER DRILLING CO., INC., CURTIS HANKAMER CORP., and JOHN L. COX v. CONOCO, INC.; from Harris County; 1st district (01-97-00547-CV, RULE 47.7, 10-29-98)

2 motions



THE FOLLOWING MOTIONS FOR REHEARING OF PETITIONS FOR

REVIEW ARE DENIED:



00-0385 FINANCIAL CENTER, INC. v. TRST CORPUS, INC.; from Harris County; 14th district (14-98-00051-CV, ___ SW3d ___, 11-18-99)

00-0833 FRITZ JACKSON v. RUSSELL RUSH; from Fort Bend County; 14th district (14-99-00102-CV, RULE 47.7, 06-29-00)






MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:



00-1282 IN RE CLOWERS FREIGHT MANAGEMENT, INC. d/b/a R & R TRANSPORTATION SERVICES OF TEXAS, INC.

as supplemented

00-1286 IN RE EDUARDO M. BENAVIDES

00-1292 IN RE PAUL DALEY

01-0029 IN RE EMI MUSIC MEXICO, S.A. DE C.V.

as supplemented

motion for leave to file supplement to petition for writ of mandamus granted

motion for temporary relief denied



(Justice Hankinson not sitting)



(Order delivered January 25, 2001)

01-0076 IN RE MANUEL TRIGO, JR.

motion for immediate temporary relief denied



(Order delivered January 29, 2001)



01-0084 IN RE ATTORNEY GENERAL OF TEXAS

motion for emergency stay denied



(Order delivered January 31, 2001)



THE FOLLOWING PETITION FOR WRIT OF PROHIBITION IS DENIED:



01-0080 IN RE LAWRENCE MADEKSHO

motion for emergency relief denied



(Order delivered January 29, 2001)











THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS ABATED

PURSUANT TO BANKRUPTCY:

00-1294 IN RE G-I HOLDINGS, INC. f/k/a G.A.F. CORPORATION, INC.

The Court abates this proceeding because of the bankruptcy filing by the relator. The petition for writ of mandamus is removed from the Court's active docket; it will be reinstated only upon proper motion. See Tex. R. App. P. 8.2, 8.3.



THE FOLLOWING APPEALS FROM THE BOARD OF DISCIPLINARY

APPEALS ARE DISMISSED:





99-0522 IN RE WILLIAM J. KOLB (BODA# 17275)

motion to dismiss granted

motion to vacate dismissed as moot





99-0977 IN THE MATTER OF DAVID M. BARNETT