THE SUPREME COURT OF TEXAS

Orders Pronounced February 10, 2000

ORDERS ON CAUSES

97-1068 DUBAI PETROLEUM COMPANY, CONOCO, INC., DRESSER INDUSTRIES, INC. d/b/a DRESSER-RAND CO., AEROQUIP CORPORATION, SOLAR TURBINES INCORPORATED, and ENERGY SERVICE INTERNATIONAL, LTD a/k/a ESI, INC. v. SABIHA ALIMUDDIN KAZI, individually and as representative of THE ESTATE OF ALIMUDDIN SIRAJUDDIN KAZI, deceased, and as guardian for MUMTAZ ALIMUDDIN KAZI and SHEHNAZ ALIMUDDIN KAZI, children, SIRAJUDDIN NAJMUDDIN KAZI, father, FARIDA SIRAJUDDIN KAZI, mother; from Harris County; 1st district (01-95-01436-CV, 961 SW2D 313, 06-26-97)

The motion to modify the Court's opinion is granted. The Court withdraws its opinion of January 6, 2000, and substitutes the opinion issued today.

(Justice Enoch not sitting)

98-0888 CMH HOMES, INC. and CMH HOMES, INC. d/b/a LUV HOMES v. KIRK DAENEN; from Montgomery County; 9th district (09-97-00055-CV, 971 SW2D 184, 07-09-98)

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

Opinion of the Court by Justice Owen

99-0416 FIREMAN'S FUND COUNTY MUTUAL INSURANCE COMPANY v. NEHAT HIDI and MICHAEL LEVINE, individually and on behalf of all similarly situated automobile insurance consumers in Texas; from Travis County; 3rd district (03-98-00292-CV, 988 SW2D 441, 03-25-99)

2 petitions

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

Per Curiam Opinion

(Justice Hankinson not sitting)

ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

99-0600 ADMIRAL INSURANCE COMPANY v. TRIDENT NGL, INC.; from Harris County; 1st district (01-97-00468-CV, 988 SW2D 451, 03-25-99)

99-0656 CITY OF SAN ANTONIO v. JEROME DOYLE and CHERYL DOYLE; from Bexar County; 4th district (04-98-00286-CV, RULE 47.7, 02-24-99)

motion to publish the opinion of the court of appeals

overruled

99-0687 MARION L. SAYLORS v. CIRILO OSTI and ARTURO MEDINA; from Harris County; 1st district (01-97-00173-CV, 991 SW2D 322, 04-01-99)

99-0727 THE UNIVERSITY OF TEXAS MEDICAL BRANCH AT GALVESTON, d/b/a JOHN SEALY HOSPITAL, JAMES C. ARENS, M.D., in his official capacity, and THOMAS M. JAMES, M.D., in his official capacity v. KEVIN BARRETT, M.D.; from Galveston County; 14th district (14-97-00981-CV, RULE 47.7, 04-22-99)

99-0778 SID PETERSON MEMORIAL HOSPITAL v. JUDITH BROWN STREET, JAMES EARL STREET, JR., and JOHN GREEN, independent administrator of the ESTATE OF JAMES WAYNE STREET, deceased; from Kerr County; 4th district (04-98-00288-CV, RULE 47.7, 02-24-99)

as supplemented

99-0898 SHERI GASKILL v. SNEAKY ENTERPRISES, INC., SNEAKY PETE'S RESTAURANT and CLUB, INC., and SNEAKY PETE'S BEVERAGE, INC.; from Denton County; 2nd district (02-98-00367-CV, 997 SW2D 296, 06-17-99)

99-0935 CHRISTOPHER GILL, LAURA GILL, RICHARDSON GILL, and PETER GILL v. AMERICAN BROADCASTING COMPANIES, INC.; from Bexar County; 4th district (04-97-00838-CV, 6 SW3D 19, 06-16-99)

unopposed motion to extend time to file reply

dismissed as moot

99-0979 ALLSTATE INSURANCE COMPANY v. RUBY MAE OWENS; from Van Zandt County; 5th district (05-96-01096-CV, 996 SW2D 207, 06-04-98)

99-1154 NORTHBROOK PROPERTY AND CASUALTY INSURANCE COMPANY v. C & C ERECTION, INC.; from Bexar County; 4th district (04-98-01063-CV, RULE 47.7, 09-22-99)

99-1169 DAVID YOUNG v. CITY OF KYLE, HELEN GALLAGHER, BARNEY KNIGHT, and JAMES MILLER; from Hays County; 3rd district (03-99-00055-CV, RULE 47.7, 09-30-99)

99-1195 JON A. HANSON, DANNY HANSON, and PROMISE RENEE HANSON a/n/f DANNY HANSON v. REPUBLIC INSURANCE COMPANY; from Harris County; 1st district (01-98-00042-CV, 5 SW3D 324, 10-14-99)

99-1210 CHRISTA TAYLOR v. JOE THOMPSON, ROBERT NEAL, NEAL'S AUTO SALVAGE & WRECKER SERVICE, ROLLIE ROGERS, and MARIE ROGERS WRIGHT; from Harris County; 1st district (01-98-00519-CV, 4 SW3D 63, 09-16-99)

99-1228 LORRIE BREAZEALE v. WILLIAM E. CASTEEL, HANCE, SCARBOROUGH, WRIGHT, KEIFFER, WOODWARD & WEISBRT, L. L. P. , GARY F. DE SHAZO, GREGORY A. SOECHTING, and JUDGMENT PURCHASE CORPORATION; from Travis County; 3rd district (03-99-00061-CV, 4 SW3D 434, 10-21-99)

99-1230 DOYLE OILFIELD SERVICES, INC., ET AL. v. SDV, INC., ET AL.; from Newton County; 9th district (09-98-00029-CV, RULE 47.7, 10-21-99)

99-1233 LUBBOCK EMERGENCY COMMUNICATIONS DISTRICT v. WIRELESS PROVIDERS OF LUBBOCK COUNTY; from Lubbock County; 7th district (07-99-00045-CV, RULE 47.7, 10-19-99)

99-1260 ALBERTO J. LEVARIO v. STATE BAR OF TEXAS; from Bexar County; 4th district (04-98-00897-CV, RULE 47.7, 10-27-99)

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)

99-1282 DOROTHY C. ALMANZA v. TRANSCONTINENTAL INSURANCE COMPANY, CNA INSURANCE COMPANY and CONTINENTAL CASUALTY COMPANY; from Dallas County; 05th district (05-97-01612-CV, RULE 47.7, 11-08-99)

THE FOLLOWING PETITION FOR REVIEW IS DISMISSED

FOR WANT OF JURISDICTION:

99-0754 HIDALGO and WILLACY COUNTIES IRRIGATION DISTRICT NO. 9, JACK HARRISON, JR., and MANUEL ORTEGA, JR. v. RENE ORTEGA, JOSE ANGEL ORTEGA, ORTEGA FARMS, and ORTEGA & SONS; from Hidalgo County; 13th district (13-98-00365-CV, RULE 47.7, 06-24-99)

ORDERS ON MOTIONS

THE FOLLOWING MOTIONS FOR REHEARING OF PETITIONS FOR REVIEW

ARE OVERRULED:

99-0122 TEXAS WORKERS' COMPENSATION INSURANCE FUND v. JOSE SERRANO and GRACIELA CHAIREZ, individually and as next friend of ALONZO SERRANO, JOSE SERRANO, and GUADALUPE SERRANO; from Hidalgo County; 13th district (13-95-00482-CV, 985 SW2D 208, 01-07-99)

99-0928 BRENDA GATES and TERENCE GATES v. ASTROWORLD, INC. and SIX FLAGS THEME PARKS, INC.; from Harris County; 1st district (01-98-00246-CV, RULE 47.7, 06-24-99)

(Justice O'Neill not sitting)

99-0984 ARKANSAS FREIGHTWAYS, INC. d/b/a AMERICAN FREIGHTWAYS, INC. v. JOE WAYNE PRICE, ET AL.; from Panola County; 12th district (12-97-00353-CV, RULE 47.7, 08-24-99)

99-1016 DR. KATHLEEN M. MARSAGLIA v. THE UNIVERSITY OF TEXAS - EL PASO and THE UNIVERSITY OF TEXAS SYSTEM; from El Paso County; 8th district (08-98-00271-CV, ___ SW3D ___, 08-26-99)

99-1025 JOHN SHULL v. UNITED PARCEL SERVICE; from Bexar County; 4th district (04-98-00485-CV, RULE 47.7, 07-07-99)

99-1135 RAY P. REEVES v. HOUSTON LIGHTING & POWER COMPANY d/b/a RELIANT ENERGY HL&P and HOUSTON INDUSTRIES, INC. d/b/a RELIANT ENERGY, INC.; from Harris County; 1st district (01-99-00002-CV, 4 SW2D 374, 09-30-99)

MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

99-1244 IN RE DARYELL G. REED and CITADEL SECURITY CORPORATION

99-1249 IN RE TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES

99-1287 IN RE CHERYL WEATHERLY BINNIE and TAKE STOCK, INC.

motion for emergency consideration of petition for writ of mandamus, or in the alternative, motion for reconsideration of motion for temporary relief overruled

99-1309 IN RE GANA YOON and KWANG KIM, individually and as next friends of L. K., a minor, ROBYN SAULTERS, and HAI VU

00-0089 IN RE JAMES W. COLESON

(Order delivered February 4, 2000)

00-0098 IN RE SOVEREIGN HOMES CORPORATION

motion for emergency relief overruled

(Order delivered February 4, 2000)

00-0106 IN RE CATHERINE L. DYE

motion for temporary relief overruled

00-0107 IN RE B. SHANNON DAVIS

motion for expedited hearing overruled

THE MOTION FOR APPOINTMENT OF JUDGE AND TRIAL OF

DISCIPLINARY ACTION PURSUANT TO TEX.R.DISC.P. 3.07 OR,

ALTERNATIVELY, PETITION FOR WRIT OF MANDAMUS, BEING TREATED

BY THIS COURT AS A PETITION FOR WRIT OF MANDAMUS, IN THE

FOLLOWING CASE IS DISMISSED FOR WANT OF JURISDICTION:

00-0090 IN RE WILLIE R. BARRAGAN

(Order delivered February 4, 2000)

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS STRUCK

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

00-0100 IN RE WILLIAM E. CARTER

With the following notation: "The petition for writ of mandamus violates numerous portions of Rule 52 of the Texas Rules of Appellate Procedure and is struck. Relator is ordered to redraw; the redrawn petition is due to be filed no later than 5:00 p.m. February 14, 2000. See TEX. R. APP. P. 9.4(i)."

(Order delivered February 7, 2000)

THE MOTION TO SET ASIDE REQUEST FOR BRIEFS ON THE MERITS

AND TO SET DEADLINE FOR REAL PARTIES IN INTEREST TO FILE

THEIR RESPONSE TO THE RELATOR'S PETITION FOR WRIT OF MANDAMUS

IS OVERRULED IN THE FOLLOWING CASE PENDING ON

PETITION FOR WRIT OF MANDAMUS:

99-1212 IN RE SOUTHWESTERN BELL TELEPHONE CO.

[Note: The petition for writ of mandamus is pending]

(Justice Hankinson not sitting)

THE FOLLOWING DECISION OF THE BOARD OF DISCIPLINARY APPEALS

IS AFFIRMED:

99-1057 IN THE MATTER OF FREDDY B. RUIZ