THE SUPREME COURT OF TEXAS

Orders Pronounced March 1, 2001

ORDERS ON CAUSES

99-0557 PAUL B. UNDERKOFLER, JR., and GOINS, UNDERKOFLER, CRAWFORD & LANGDON v. HUGH F. VANASEK; from Dallas County; 5th district (05-95-01475-CV, ___ SW3d ___, 05-20-99)

The Court affirms in part and reverses in part the court of appeals' judgment, and renders judgment in part.

Opinion of the Court by Justice Hankinson

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

99-1159 HARRIS COUNTY BAIL BOND BOARD v. EDD BLACKWOOD and ALLEGHENY MUTUAL CASUALTY COMPANY; from Harris County; 1st district (01-97-01178-CV, 2 SW3d 31, 06-10-99)

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

Opinion of the Court by Justice Hankinson

99-1165 APEX TOWING COMPANY, APEX BARGE COMPANY, and APEX OIL COMPANY v. WILLIAM M. TOLIN, III, BENCKENSTEIN & OXFORD, L.L.P., and HEBERT, MOULEDOUX & BLAND; from Jefferson County; 9th district (09-97-00327-CV, 997 SW2d 903, 08-26-99)

as supplemented

The Court reverses the court of appeals' judgment and remands the cause to the trial court.

Opinion of the Court by Justice Hankinson

(Justice Owen not sitting)

ORDERS ON CASES GRANTED

THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:

00-0527 JACK A. KANZ v. HELEN A. HOOD, ALMA L. MARION, and JOE V. KANZ; from Bosque County; 10th district (10-98-00248-CV, 17 SW3d 311, 04-12-00)

00-0846 FURR'S SUPERMARKETS, INC. v. MARTHANA BETHUNE; from El Paso County; 8th district (08-99-00388-CV, ___ SW3d ___, 06-29-00)

00-0889 TEXAS HOME MANAGEMENT, INC. v. EDITH CAROL PEAVY and O. L. PEAVY, individually, and on behalf of THE ESTATE OF ELIZABETH ANN PEAVY, deceased; from Harris County; 1st district (01-97-01125-CV, 16 SW3d 104, 03-30-00)

THE FOLLOWING CERTIFIED QUESTION FROM THE UNITED STATES

COURT OF APPEALS FOR THE FIFTH CIRCUIT IS ACCEPTED:

01-0137 JAMES S. DOODY, PAUL D. CARRINGTON v. AMERIQUEST MORTGAGE COMPANY

(Order delivered February 26, 2001)

ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

00-0245 IN THE INTEREST OF M. L. P. J. a/k/a J. S. B., a child; from Tarrant County; 11th district (11-98-00121-CV, 16 SW3d 45, 01-27-00)

00-0875 STATE FARM FIRE & CASUALTY COMPANY v. FRANCISCO MORUA, individually, and by his guardian, VIRGINIA MORUA; from El Paso County; 8th district (08-96-00092-CV, RULE 47.7, 07-11-00)

00-0958 JOHN CORNYN, ATTORNEY GENERAL OF THE STATE OF TEXAS v. HARLANDALE INDEPENDENT SCHOOL DISTRICT and its BOARD OF TRUSTEES; from Travis County; 3rd district (03-99-00745-CV, 25 SW3d 328, 07-27-00)

00-0975 THE STATE OF TEXAS, acting by and through THE TEXAS DEPARTMENT OF TRANSPORTATION v. KEVIN O'MALLEY, ET AL.; from De Witt County; 13th district (13-97-00754-CV, 28 SW3d 652, 08-10-00)

00-1054 PATSY ANN ANDERTON v. ROCKWALL CENTRAL APPRAISAL DISTRICT and APPAISAL REVIEW BOARD OF ROCKWALL COUNTY; from Rockwall County; 5th district (05-99-01253-CV, 26 SW3d 539, 08-22-00)

00-1075 WILLIAM J. MATTHIESSEN, PAUL G. SILBER, JR., BERNARD LEE LIFSHUTZ, JACK N. PITLUK, and EARLE COBB, JR. v. JOHN SCHAEFER; from Bexar County; 4th district (04-98-00961-CV, 27 SW3d 25, 05-24-00)

3 petitions

00-1105 MEDICAL AIR SERVICES ASSOCIATION and FRANK HALLEY v. CARL L. KEBERT, JR.; from Cameron County; 13th district (13-97-00782-CV, 26 SW3d 663, 07-27-00)

00-1138 MOSES NWAIGWE v. CONSOLIDATED LLOYDS INSURANCE COMPANY & WILLIAM ECKERT; from Bexar County; 4th district (04-98-00037-CV, 27 SW3d 558, 07-12-00)

00-1251 B. C. EDWARDS v. TALMADGE M. GUY and SOL B. WEIL; from Harris County; 1st district (01-99-00191-CV, RULE, 47.7, 10-19-00)

00-1272 KENNETH PRUITT v. UNITED CHESTER INDUSTRIES, INC., THE HOME INSURANCE COMPANY, and HIGHLANDS INSURANCE COMPANY; from Dallas County; 5th district (05-98-01013-CV, RULE 47.7, 08-28-00)

00-1311 IN THE INTEREST OF H. M. F., a child; from Grayson County; 5th district (05-99-01592-CV, RULE 47.7, 11-15-00)

00-1312 CANDRIA AMIR COSSEY and CHAD O'NEAL COSSEY v. PAMELA BREAUX-COSSEY; from Harris County; 14th district (14-99-00443-CV, RULE 47.7, 06-01-00)

00-1318 WOOD GROUP PRODUCTION TECHNOLOGY v. AMERADA HESS CORPORATION; from Brazoria County; 14th district (14-98-00649-CV, 30 SW3d 5, 02-24-00)

2 petitions

00-1320 GLORIA LYDIA WILSON v. AMERICAN HONDA FINANCE CORPORATION; from Harris County; 14th district (14-00-01192-CV, RULE 47.7, 11-09-00)

01-0009 THE CITY OF GALVESTON v. FLAGSHIP HOTEL, LTD.; from Galveston County; 14th district (14-00-01135-CV, RULE 47.7, 12-07-00)

01-0014 ELIZA RICHARDSON v. M. S. WALLACE; from Walker County; 14th district (14-99-00734-CV, RULE 47.7, 06-01-00)

01-0023 THE CITY OF HOUSTON v. ANJA COTTON; from Harris County; 1st district (01-00-00480-CV, 31 SW3d 823, 12-07-00)

01-0045 MARISELA RAMOS, NEYR RAMOS, MARIA SUAREZ GARCIA and SAUSTIANO GARCIA v. TEXAS DEPARTMENT OF PUBLIC SAFETY and OFFICER WILLIE KENT; from Harris County; 1st district (01-98-01431-CV, ___ SW3d ___, 11-30-00)

THE FOLLOWING PETITIONS FOR REVIEW ARE DISMISSED

FOR WANT OF JURISDICTION:

00-0634 JOY PEARCE v. TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION, MEXIA STATE SCHOOL, WILLIAM LOWRY, and EVELYN THOMAS; from Limestone County; 10th district (10-99-00156-CV, 16 SW3d 456, 03-29-00)

00-1137 REGINA SMITH, M.D. v. TARIA MARIE ALTMAN; from Hill County; 10th district (10-00-00112-CV, 26 SW3d 705, 08-09-00)

THE FOLLOWING PETITION FOR REVIEW IS STRUCK PURSUANT TO

TEXAS RULES OF APPELLATE PROCEDURE, 9.(4)(i):

00-1172 ERVIN EDWARD KINGSBURY, III v. DORIS JEAN KINGSBURY; from Tarrant County; 2nd district (02-99-00321-CV, RULE 47.7, 09-28-00)

The Court strikes the petition for review with the following notation: "The petition violates Tex. R. App. P. 53.2(k), 53.6 and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed no later than 5:00 p.m. on March 15, 2001. See Tex. R. App. P. 9.4(i), 53.2(k), 53.6."

ORDERS ON MOTIONS FOR REHEARING

THE FOLLOWING MOTIONS FOR REHEARING OF A CAUSE ARE GRANTED:

99-0667 THE JOHN G. AND MARIA STELLA KENEDY MEMORIAL FOUNDATION and CORPUS CHRISTI DIOCESE OF THE ROMAN CATHOLIC CHURCH v. DAVID DEWHURST, COMMISSIONER OF THE GENERAL LAND OFFICE, and THE STATE OF TEXAS; from Travis County; 3rd district (03-96-00517-CV, 994 SW2d 285, 05-27-99)

2 motions

(Justice Hankinson not sitting)

THE FOLLOWING MOTIONS FOR REHEARING OF PETITIONS FOR REVIEW

ARE DENIED:

99-1292 CHROMALLOY GAS TURBINE CORPORATION v. UNITED TECHNOLOGIES CORPORATION; from Bexar County; 4th district (04-97-00674-CV, 9 SW3d 324, 11-24-99)

00-0350 CITY OF SAN AUGUSTINE, TEXAS v. SHARON PARRISH, WILL PARRISH, and WENDY PARRISH REVEY; from San Augustine County; 12th district (12-99-00089-CV, 10 SW3d 734, 12-30-99)

00-0795 ROYAL SOLARIS CARIBE HOTEL & MARINA, VILLAS INTERNACIONALES DEL CARIBE, S.A. DE C.V. and VILLAS SOLARIS S.A. DE C.V. v. DAVID RANSLEM, LEIGH ANN RANSLEM, JEFF POSEY, and JANA POSEY; from Harris County; 14th district (14-99-01255-CV, RULE 47.7, 06-15-00)

00-0887 MID-CENTURY INSURANCE COMPANY OF TEXAS v. JOYCE FOREMAN and WAYNE FOREMAN; from Tarrant County; 2nd district (02-98-00163-CV, RULE 47.7, 02-17-00)

00-0930 HAGGAR APPAREL COMPANY v. MARIA E. ANDRAE; from Nueces County; 13th district (13-98-00049-CV, RULE 47.7, 06-22-00)

00-1148 MARY ZIMMERMAN v. ROBERT BRETT MASSONI; from Travis County; 3rd district (03-99-00509-CV, 32 SW3d 254, 07-27-00)

00-1157 GULF COAST ALLOY WELDING, INC. v. BEST INDUSTRIAL UNIFORM SUPPLY CO., INC.; from Harris County; 7th district (07-00-00326-CV, ___ SW3d ___, 10-18-00)

00-1164 JOHN C. MERCIER v. MIDTEXAS PIPELINE COMPANY; from Gonzales County; 13th district (13-98-00128-CV, 28 SW3d 712, 08-24-00)

00-1165 W. W. MERCIER and BETTY J. MERCIER v. MIDTEXAS PIPELINE COMPANY; from Gonzales County; 13th district (13-98-00126-CV, 28 SW3d 712, 08-24-00)

00-1184 CONTINENTAL CARBON COMPANY v. SEA-LAND SERVICE, INC.; from Dallas County; 5th district (05-99-01362-CV, 27 SW3d 184, 08-08-00)

00-1205 MITTIE FLEMING v. ALLEN LEE CRANE, insured by STATE FARM INSURANCE GROUP; from Dallas County; 5th district (05-99-00489-CV, RULE 47.7, 12-20-99)

THE FOLLOWING MOTION FOR REHEARING OF PETITION FOR WRIT

OF MANDAMUS IS DENIED:

00-1283 IN RE RUSSELL E. GALER, II

MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

01-0010 IN RE AMERICAN BLAST FAX, INC.

01-0140 IN RE MID-CENTURY INSURANCE COMPANY OF TEXAS

motion for temporary relief denied

(Order delivered February 26, 2001)

01-0144 IN RE CORRECTIONAL SERVICES CORPORATION

motion for emergency stay denied

(Order delivered February 22, 2001)

THE FOLLOWING DECISION OF THE BOARD OF DISCIPLINARY

APPEALS IS AFFIRMED:

00-0262 COMMISSION FOR LAWYER DISCIPLINE v. LEIROI MICKELE DANIELS (BODA# 19008)

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED

PURSUANT TO SETTLEMENT:

00-1295 IN RE JESUS ARAGON

motion to dismiss granted

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED

AS MOOT:

00-1123 IN RE ROBERT WOODY M.D.

motion to dismiss granted

(Justice Hankinson not sitting)

ORDER OF THE COURT

THE FOLLOWING CAUSES ARE SET FOR SUBMISSION ON WEDNESDAY,

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

Time allotted to argue: 30/30 minutes

00-0527 JACK A. KANZ v. HELEN A. HOOD, ALMA L. MARION, and JOE V. KANZ; from Bosque County; 10th district (10-98-00248-CV, 17 SW3d 311, 04-12-00)

Time allotted to argue: 20/20 minutes

THE FOLLOWING CAUSES ARE SET FOR SUBMISSION ON WEDNESDAY,

APRIL 18, 2001, AT 9:00 A.M.:

00-0846 FURR'S SUPERMARKETS, INC. v. MARTHANA BETHUNE; from El Paso County; 8th district (08-99-00388-CV, ___ SW3d ___, 06-29-00)

Time allotted to argue: 20/20 minutes

01-0137 JAMES S. DOODY, PAUL D. CARRINGTON v. AMERIQUEST MORTGAGE COMPANY

Time allotted to argue: 20/20 minutes

(Order delivered February 26, 2001)