THE SUPREME COURT OF TEXAS

Orders Pronounced February 3, 2000

 

ORDERS ON CAUSES


98-1046 NATIONAL LIABILITY AND FIRE INSURANCE COMPANY v. DONALD ALLEN; from Angelina County; 9th district (09-97-00019-CV, 972 SW2D 215, 04-30-98)

2 petitions

The Court affirms the court of appeals' judgment.

Opinion of the Court by Justice Baker, joined by

Chief Justice Phillips, Justice Enoch,

Justice Abbott, Justice Hankinson,

Justice O'Neill, and Justice Gonzales


Dissenting opinion by Justice Owen, joined by Justice Hecht


99-0769 THE CITY OF SHERMAN, ET AL. v. CARL HUDMAN, ET AL.; from Grayson County; 5th district (05-95-01600-CV, 996 SW2D 904, 06-25-99)

The joint motion to remand pursuant to settlement is granted as follows: the petition for review on behalf of The City of Sherman is granted without reference to the merits, the judgments of the courts below are vacated, and the cause is remanded to the trial court for rendition of judgment in accordance with the settlement agreement of the parties. The parties are to bear their own costs. The motion for partial dismissal filed on behalf of Mike Roberts, J.W. Bain, and The Sherman Firefighters Association is dismissed as moot. See Tex. R. App. P. 56.3.

 

ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

99-1099 DAVID CANNON, JOHN CANNON, DELANORE LEE CANNON, and ROSE ANN HOPPER CANNON v. TEXAS INDEPENDENT BANK; from Collin County; 6th district (06-98-00175-CV, 1 SW3D 218, 08-05-99)


99-1138 KELJER KING v. TODD HARRIS; from Houston County; 12th district (12-99-00139-CV, RULE 47.7, 08-30-99)

99-1217 IN THE INTEREST OF S. N. E., a child; from Potter County; 7th district (07-98-00319-CV, RULE 47.7, 10-12-99)

99-1237 ELSWORTH M. MARSH v. THE STATE OF TEXAS and GOVERNOR BUSH; from Grayson County; 5th district (05-99-00798-CV, RULE 47.7, 11-18-99)

motion requesting oral argument and extend time is dismissed as moot

99-1276 B. R. RINGER, JR., D.O. v. TEXAS STATE BOARD OF MEDICAL EXAMINERS and BRUCE A. LEVY, M.D.; from Travis County; 3rd district (03-99-00021-CV, RULE 47.7, 11-4-99)

99-1280 DAVID ARLEN and MARILYN ARLEN v. THE HEARST CORPORATION d/b/a THE HOUSTON CHRONICLE; from Harris County; 1st district (01-98-00985-CV, ___ SW3D ___, 09-16-99)

99-1302 ALAN HENDRICKSON and DUANE HENDRICKSON v. ANDREW JOHN SWYERS and MARGARET LEE SWYERS; from Bandera County; 4th district (04-99-00016-CV, ___ SW3D ___, 11-10-99)




THE FOLLOWING PETITION FOR REVIEW IS REINSTATED:

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)

Petitioner's agreed motion to reinstate appeal is granted. This Court's abatement order of January 13, 2000, is lifted and the case is returned to the active docket. See Tex. R. App. P. 8.3(a).

ORDERS ON MOTIONS



THE FOLLOWING MOTION FOR REHEARING OF A CAUSE

IS OVERRULED:


97-1027 ROBERT and OLGA OSTERBERG v. PETER S. PECA, JR.; from El Paso County; 8th district (08-95-00223-CV, 952 SW2D 121, 08-08-97)

The Court withdraws its opinions of July 29, 1999, and substitutes the opinions issued today.

Justice Abbott delivered the opinion of the Court with

respect to parts I-IV and VI-XI, in which Justice Hecht,

Justice Owen, Justice Baker, and Justice Gonzales

join, and a plurality opinion with respect to

part V, in which Justice Hecht, Justice Owen,

and Justice Baker join


Concurring opinion by Justice Gonzales to follow


Dissenting opinion by Justice Enoch, joined by

Chief Justice Phillips, Justice Hankinson,

and Justice O'Neill



THE FOLLOWING MOTION FOR REHEARING OF A PETITION FOR REVIEW

IS OVERRULED:



99-0933 STABLE ENERGY, L.P., ET AL. v. W. B. NEWBERRY, SR., ET AL.; from Fayette County; 3rd district (03-98-00003-CV, 999 SW2D 538, 08-12-99)

 

MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

00-0072 IN RE MICHAEL RUBIN, MANNIE RUBIN, PAULA EILBOTT, BETH LIPSON, and MIRIAM EMMER, trustee of MIRIAM EMMER TRUST

motion for temporary relief overruled

00-0074 IN RE CHESTER RAINS AND EDWINA RAINS

motion for expedited hearing overruled

motion for order abating trial overruled


(Order delivered January 31, 2000)



00-0079 IN RE BOBBY WIGHTMAN-CERVANTES

emergency application for stay overruled


(Order delivered February 1, 2000)


THE FOLLOWING PETITION FOR WRIT OF HABEAS CORPUS IS DENIED:

00-0085 IN RE JON ANTHONY O'BRIEN

(Order delivered February 2, 2000)

 

THE MOTION TO DISMISS IS OVERRULED IN THE FOLLOWING CASE

PENDING ON PETITION FOR REVIEW:

 

99-1288 SANTA FE ENERGY OPERATING PARTNERS v. MASON BRISTOL; from Gaines County; 8th district (08-98-00326-CV, RULE 47.7, 09-16-99)

motion to dismiss overruled