THE SUPREME COURT OF TEXAS


Orders Pronounced February 15, 2001


ORDERS ON CAUSES




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)

Pursuant to the joint motion to dismiss petition for review filed February 12, 2001, Texas Health Enterprises, Inc. d/b/a Kern Manor, and HEA Management Group, Inc.'s petition for review filed on January 20, 2000, as corrected, is dismissed.



00-0453 IN RE THE CITY OF GEORGETOWN and GEORGE RUSSELL, in his official capacity as ACTING CITY MANAGER and OFFICER FOR PUBLIC INFORMATION

stay order of May 8, 2000, lifted

The Court conditionally grants the petition for writ of mandamus.

Opinion by Justice Owen, joined by Justice Hecht,

Justice Enoch, Justice Hankinson,

and Justice O'Neill


Concurring opinion by Justice Hecht


Dissenting opinion by Justice Abbott,

joined by Chief Justice Phillips and Justice Baker


 

ORDERS ON CASES GRANTED

THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:

00-0386 THE TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES v. CHARLES SHERRY; from Montgomery County; 9th district (09-98-00324-CV, RULE 47.7, 01-27-00)

00-0523 TYLER REEDER v. ANDREW PAUL DANIEL; from Jefferson County; 9th district (09-99-00027-CV, 16 SW3d 491, 04-06-00)

as supplemented

00-0552 IN THE INTEREST OF C. H., a minor child; from El Paso County; 8th district (08-98-00183-CV, 25 SW3d 38, 04-20-00)

 

 

 

ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:



99-0980 THOMAS W. LOWE, M.D. and KRISTINE B. COURTNEY v. DEBORAH M. TEATOR, as mother and next friend of A. J. T., and JAMES RICHARD HAGAN, as father and next friend of D. R. H.; from Dallas County; 5th district (05-97-00929-CV, 1 SW3d 819, 08-30-99)

2 petitions

00-0121 ANNE LAW v. BERTHA FLORES; from Harris County; 1st district (01-99-00279-CV, 8 SW3d 785, 12-23-99)

00-0216 FROST NATIONAL BANK v. MARY HEAFNER; from Harris County; 1st district (01-98-01384-CV, 12 SW3d 104, 12-02-99)

Justice Hecht notes his dissent

00-0555 LLOYD E. HUMPHREYS and HUMPHREYS & ASSOCIATES LAW FIRM, P.C. v. CHARLES MEADOWS; from Tarrant County; 2nd district (02-98-00369-CV, RULE 47.7, 03-09-00)

motion to strike dismissed as moot



00-0614 RAILROAD COMMISSION OF TEXAS v. ENTEX, a division of RELIANT ENERGY RESOURCES CORP. f/k/a ENTEX, a division of NORAM ENERGY CORP.; from Travis County; 3rd district (03-99-00746-CV, 18 SW3d 858, 05-11-00)

00-0812 SHERIFF LEO SAMANIEGO, in his individual and official capacity, EL PASO COUNTY SHERIFF'S CIVIL SERVICE COMMISSION and EL PASO COUNTY, TEXAS v. CARL BATTIN, ERNESTO CISNEROS, JOSE DE LA CRUZ, FRED FLORES, THOMAS GUTIERREZ, YVONNE GRAY, LORI MONTORELLO, SERGIO REYES, and EL PASO COUNTY SHERIFF'S OFFICERS' ASSOCIATION, INC.; from El Paso County; 8th district (08-98-00410-CV, 23 SW3d 183, 06-22-00)

00-0844 GREGORY H. SMITH, D.O. v. MARION CARR and THOMAS CARR; from Tarrant County; 2nd district (02-99-00245-CV, 22 SW3d 128, 06-29-00)

Justice Abbott notes his dissent


00-0912 ENERGEN RESOURCES MAQ, INC. f/k/a TOTAL MINATOME CORP. v. DON DALBOSCO; from Harris County; 1st district (01-99-00553-CV, 23 SW3d 551, 06-15-00)

00-0992 MONTGOMERY COUNTY, TEXAS v. CARLTON FUQUA and RANDOLPH BOWLES; from Montgomery County; 9th district (09-99-00492-CV, 22 SW3d 662, 07-20-00)

00-1078 BYRON MOSS and FRANK MOSS v. BURLESON STATE BANK; from Johnson County; 10th district (10-98-00036-CV, 27 SW3d 605, 08-30-00)

2 petitions

00-1214 ODESSA TANNEHILL and DANNY DORRIS v. BUILDING & STANDARDS COMMISSION and THE DEPARTMENT OF PLANNING & DEVELOPMENT OF THE CITY OF AUSTIN ET AL. & THE CITY OF AUSTIN; from Travis County; 3rd district (03-00-00425-CV, RULE 47.7, 09-21-00)

reply motion dismissed as moot

00-1245 EXCEL CORPORATION v. HECTOR REYES and ANGELA REYES, individually and as next friend for C. R., C. R., and C. R., minor children; from Lubbock County; 7th district (07-99-00442-CV, RULE 47.7, 10-17-00)

00-1271 MICHAEL HOWELL v. CLARA LUNDY, ET AL.; from Jones County; 11th district (11-00-00268-CV, RULE 47.7, 10-05-00)

00-1279 WILMER-HUTCHINS INDEPENDENT SCHOOL DISTRICT v. JUDITH SMILEY and DIANA NEWTON-GRAYSON; from Dallas County; 5th district (05-98-00870-CV, RULE 47.7, 08-29-00)

00-1305 RANDALL JOE HAYES and TEXAS PARKS & WILDLIFE DEPARTMENT v. KEITH PATRICK; from Parker County; 2nd district (02-99-00264-CV, RULE 47.7, 02-17-00)

THE FOLLOWING PETITIONS FOR REVIEW ARE DISMISSED

FOR WANT OF JURISDICTION:

00-1001 NORTH AMERICAN MORTGAGE COMPANY v. DONALD LEE O'HARA, JR. and others; from Upshur County; 12th district (12-99-00394-CV, RULE 47.7, 06-29-00)

00-1159 UNISENSOR CORPORATION d/b/a UNISEN v. ULTRAK OPERATING, L.P.; from Denton County; 2nd district (02-00-00097-CV, RULE 47.7, 09-21-00)

 

 

 

ORDERS ON MOTIONS

THE FOLLOWING MOTIONS FOR REHEARING OF PETITIONS FOR

REVIEW ARE DENIED:

00-0252 CORPUS CHRISTI FIRE FIGHTERS ASSOCIATION v. CITY OF CORPUS CHRISTI; from Nueces County; 13th district (13-98-00309-CV, 10 SW3d 723, 12-16-99)

00-0961 OWEN ROBERT ARNOLD, JR., individually and as heir at law in THE ESTATE OF MARY ALICE ARNOLD v. AUDRENE SHUCK; from Montgomery County; 6th district (06-00-00001-CV, 24 SW3d 470, 06-09-00)

00-1099 GRAEBEL/HOUSTON MOVERS, INC. v. TERRY CHASTAIN and INA CHASTAIN; from Harris County; 1st district (01-99-00543-CV, 26 SW3d 24, 04-20-00)







MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

01-0092 IN RE MICHAEL GONZALES

motion for emergency relief denied

(Order delivered February 14, 2001)


01-0121 IN RE KATHLEEN KENNEDY LIEBERMAN

motion for temporary relief denied

 

THE FOLLOWING PETITION FOR WRIT OF HABEAS CORPUS IS DENIED:

01-0115 IN RE BENJAMIN FRANKLIN COOK, III

(Order delivered February 12, 2001)



THE FOLLOWING PETITION FOR EXONERATION OF RELEASE,

QUO WARRANTO IS DENIED:

01-0040 IN RE FREDRICK MARSHAL, VAN HORN

as redrafted


THE FOLLOWING MOTION FOR EXTENSION OF TIME TO FILE

PETITION FOR REVIEW IS DENIED:

01-0111 IN THE INTEREST OF K. J. C. H. AND S. K. V. S., minor children; from Erath County; 11th district (11-99-00336-CV, RULE 47.7, 08-31-00)

With the following notation: "See Tex. R. App. P. 53.7(a), (f)."







THE MOTION FOR TEMPORARY RELIEF IS GRANTED IN THE

FOLLOWING CASE:

01-0025 IN RE THE CITY OF FORT WORTH

stay order issued

[NOTE: The petition for writ of mandamus remains pending before this Court.]



THE MOTION FOR TEMPORARY RELIEF IS DENIED IN THE

FOLLOWING CASE:

01-0105 IN RE STARCREST TRUST

[NOTE: The petition for writ of mandamus remains pending before this Court.]

(Order delivered February 9, 2001)

 

 

 

ORDER OF THE COURT

THE FOLLOWING CAUSES ARE SET FOR SUBMISSION ON WEDNESDAY,

APRIL 4, 2001, AT 9:00 A.M.:

00-0386 THE TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES v. CHARLES SHERRY; from Montgomery County; 9th district (09-98-00324-CV, RULE 47.7, 01-27-00)

Time allotted to argue: 20/20 minutes

00-0523 TYLER REEDER v. ANDREW PAUL DANIEL; from Jefferson County; 9th district (09-99-00027-CV, 16 SW3d 491, 04-06-00)

Time allotted to argue: 20/20 minutes

THE FOLLOWING CAUSE IS SET FOR SUBMISSION ON WEDNESDAY,

APRIL 11, 2001, AT 9:00 A.M.:

00-0552 IN THE INTEREST OF C. H., a minor child; from El Paso County; 8th district (08-98-00183-CV, 25 SW3d 38, 04-20-00)

Time allotted to argue: 20/20 minutes