THE SUPREME COURT OF TEXAS

Orders Pronounced February 17, 2000

ORDERS ON CAUSES

 

THE MOTION TO STAY MANDATE PENDING DISPOSITION IN THE UNITED

STATES SUPREME COURT IS OVERRULED IN THE FOLLOWING CAUSE:



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)


ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

99-0932 ARTHUR JOHNSON v. EVA CALDERSON, ET AL.; from Harris County; 1st district (01-98-00684-CV, RULE 47.7, 01-14-99)

 

99-1140 FOSTER WHEELER VIRGIN ISLANDS, INC. v. RICKY ALEXANDER; from Jefferson County; 9th district (09-97-00469-CV, RULE 47.7, 08-26-99)

 

99-1155 H. L. GARDNER, individually and as independent executor of THE ESTATE OF LENAN BRIGGS GARDNER BASS, deceased and HERMAN L. GARDNER, deceased and THREE G INVESTMENTS, LTD. v. BAKER & BOTTS L.L.P.; from Washington County; 1st district (01-97-00616-CV, 6 SW3D 295, 08-26-99)

 

99-1164 CARL MCCORKLE d/b/a HARVEST CO. and d/b/a HARVEST TREE CO. v. ROMAN FOREST PUBLIC UTILITY DISTRICT NO. 3 and ROMAN FOREST PUBLIC UTILITY DISTRICT NO. 4; from Montgomery County; 9th district (09-98-00014-CV, 999 SW2D 931, 10-07-99)

99-1198 JAN THOMAS WILLIAMS v. MARY MOORES, trustee of the ELY T. MOORES TRUST, IDA LOU AMES, and LAVERNE MCKEMIE; from Bowie County; 6th district (06-99-00022-CV, 5 SW3D 334, 10-19-99)

99-1203 IN THE ESTATE OF EDNA CONNER from Liberty County; 9th district (09-99-00034-CV, RULE 47.7, 09-16-99)



99-1208 CHARLES B. HUMPHREY, HUMPHREY OIL CORPORATION, and HUMPHREY OIL INTERESTS, L.P. v. MESA OPERATING LIMITED PARTNERSHIP, MESA, INC., NGC ENERGY, INC., and NGC ENERGY RESOURCES LIMITED PARTNERSHIP; from Dallas County; 5th district (05-97-00827-CV, RULE 47.7, 08-27-99)

 

99-1253 GARY GARBER and wife LADONA GARBER v. SIR SPEEDY, INC.; from Nacogdoches County; 12th district (12-98-00319-CV, RULE 47.7, 09-30-99)

99-1294 JERONENOFORD SCOTT and TAJ CROSS v. PRAIRIE VIEW A&M UNIVERSITY; from Harris County; 1st district (01-98-00847-CV, ___ SW3D ___, 11-10-99)


ORDERS ON MOTIONS

THE FOLLOWING MOTIONS FOR REHEARING OF PETITIONS FOR REVIEW

ARE OVERRULED:

99-0626 RANDY ESSENBURG, JOHN WALTER KOWALSKI, ESTATE OF H. AVERIL SWEITZER, JACK BEEZLEY as representative of THE ESTATE OF LEONA STONE v. DALLAS COUNTY and THE DALLAS COUNTY DISTRICT CLERK; from Dallas County; 5th district (05-95-01390-CV, RULE 47.7, 05-13-99)

99-0756 ROBERT CAMMACK and GLENDA CAMMACK, individually and as natural heirs of the ESTATE OF JENNIFER CAMMACK v. FORD MOTOR COMPANY; from Harris County; 14th district (14-95-01505-CV, 999 SW2D 1, 09-03-98)

(Justice O'Neill not sitting)


99-0922 CHARLES LANDRUM v. DALLAS DART BUS SYSTEM; from Dallas County; 5th district (05-99-00803-CV, RULE 47.7, 08-11-99)

(Justice Enoch not sitting)


99-1051 PAULA PALMER, WILLIAM H. PATRICK, WILLIAM R. POGUE, KAREN ANN WINCHELL, and JOE PATRICK v. NINA R. MARTIN, MELVIN E. RAINEY, MARILYN SINCLAIR, HARVEY ARNOLD, ARMOND ARNOLD, BILLIE BARKER, ELSIE BARKER, SANDRA HUSE, GINGER ELIZABETH TAYLOR, MICHAEL E. MATTHEWS, NEWMAN BAKER, and CLAUDIA ARNOLD; from Harris County; 1st district (01-98-00816-CV, 1 SW3D 875, 09-02-99)

99-1143 CARL MASSEY v. U-HAUL CO. OF TEXAS and ROBERT VESPA; from Harris County; 1st district (01-97-01422-CV, RULE 47.7, 08-31-99)

THE FOLLOWING MOTION FOR REHEARING OF A PETITION FOR WRIT OF

MANDAMUS IS OVERRULED:



99-1189 IN RE ESTATE OF H. AVERIL SWEITZER, ET AL.

MISCELLANEOUS

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:

00-0016 IN RE ESTATE OF H. AVERIL SWEITZER, ET AL.

motion that the petition be considered in conjunction with the motion for rehearing in case number 99-1189 granted



THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS STRUCK

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

00-0127 IN RE JAMES MARSHALL SMITH

With the following notation: "The petition for writ of mandamus violates rule 52.6 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. March 3, 2000. See TEX. R. APP. P. 9.4(i)."



THE EMERGENCY MOTION FOR TEMPORARY RELIEF AND FOR STAY

OF DISTRICT COURT'S ORDER OF DECEMBER 30, 1999

IS GRANTED IN PART IN THE FOLLOWING CASE PENDING ON

PETITION FOR WRIT OF MANDAMUS:

00-0119 IN RE AMERICAN HOME PRODUCTS CORPORATION, WYETH-AYERST DIVISION OF AMERICAN HOME PRODUCTS CORPORATION, and AMERICAN HOME PRODUCTS CORPORATION as successor by merger to A. H. ROBINS COMPANY, INC.

motion for stay of district court's order of December 30, 1999 granted

emergency motion for temporary relief dismissed as moot

[Note: The petition for writ of mandamus remains pending before this court.]



(Order delivered February 16, 2000)



THE MOTION TO DISMISS IN THE FOLLOWING CASE IS DISMISSED AS MOOT:

99-1170 ALVIN CHESTER GUYOT, JR. v. MARTHA MARIE GUYOT; from Tarrant County; 02nd district (02-98-00354-CV)


With the notation: "See Order of November 23, 1999."