THE SUPREME COURT OF TEXAS

Orders Pronounced March 2, 2000

ORDERS ON CASES GRANTED

THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:

99-0121 DEANA ANN LOZANO v. JUAN ANTONIO LOZANO, SR., BLANCA SUAREZ LOZANO, MONICA I. LOZANO, SANDRA WARNER, EDUARDO A. LOZANO; from Harris County; 14th district (14-96-01555-CV, 983 SW2D 787, 11-19-98)

(Justice O'Neill not sitting)

99-0859 THE MONTGOMERY INDEPENDENT SCHOOL DISTRICT v. JOANNE DAVIS; from Montgomery County; 9th district (09-97-00459-CV, 994 SW2D 435, 07-15-99)

99-1011 JANIS ANN PAYNE v. GALEN HOSPITAL CORPORATION d/b/a CLEAR LAKE MEDICAL CENTER; from Harris County; 1st district (01-97-00087-CV, ___ SW3D ___, 08-26-99)

as redrafted

ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

99-0798 PAUL MICHAEL CONSTRUCTION, INC. v. PINES OF WESTBURY, LTD., ET AL.; from Dallas County; 11th district (11-97-00311-CV, 993 SW2D 291, 04-15-99)

99-0800 RICHARDSON CROSSING CONDOMINIUM ASSOCIATION and EXCEL MANAGEMENT d/b/a NEEL BAITY MANAGEMENT COMPANY, INC. v. DAVID RANEY; from Dallas County; 5th district (05-97-00812-CV, RULE 47.7, 05-14-99)

as supplemented

99-0853 NATIONAL ASSOCIATION OF INDEPENDENT INSURERS, ALLIANCE OF AMERICAN INSURERS, UNITED SERVICES AUTOMOBILE ASSOCIATION, USAA CASUALTY INSURANCE COMPANY, USAA COUNTY MUTUAL INSURANCE COMPANY, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, STATE FARM FIRE AND CASUALTY COMPANY, STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS, TEXAS FARMERS INSURANCE COMPANY, MID-CENTURY INSURANCE COMPANY OF TEXAS, FARMERS TEXAS COUNTY MUTUAL INSURANCE COMPANY, OHIO CASUALTY INSURANCE COMPANY, WESTERN AMERICAN INSURANCE COMPANY, AMERICAN FIRE AND CASUALTY COMPANY, OHIO SECURITY INSURANCE COMPANY v. DAN MORALES, ATTORNEY GENERAL OF TEXAS and ELTON BOMER, COMMISSIONER, TEXAS DEPARTMENT OF INSURANCE; from Travis County; 3rd district (03-98-00208-CV, 994 SW2D 766, 05-20-99)

99-1053 MARVIN and DOROTHY KIDD v. MICAH PAXTON d/b/a PAXTON CONSTRUCTION CO.; from Hockley County; 7th district (07-99-00157-CV, RULE 47.7, 06-09-99)

99-1059 HERBERT HINES v. ROBERT TREON; from Polk County; 6th district (06-99-00079-CV, RULE 47.7, 09-21-99)

99-1142 SHEILA SPENCER RUSK v. BYRON WALTER RUSK; from Harris County; 14th district (14-97-00983-CV, 5 SW3D 299, 09-30-99)

99-1152 ANNA ADBALY CASTILLO v. GARED, INC. and GARED, INC. d/b/a PRO-TEC SECURITY & PATROL; from Harris County; 1st district (01-98-00655-CV, 1 SW3D 781, 08-12-99)

99-1214 CHRISTIE LEE LITTLETON, individually and next heir of JONATHON MARK LITTLETON, deceased v. DR. MARK A. PRANGE; from Bexar County; 4th district (04-99-00010-CV, ___ SW3D ___, 10-27-99)

as amended

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)

99-1241 MARK SPIVEY v. CITY OF BEAUMONT, TEXAS; from Jefferson County; 9th district (09-97-00376-CV, 1 SW3D 385, 10-07-99)

99-1254 ROBERT H. HARTMAN v. W. HUGH HARRELL; from Lubbock County; 7th district (07-98-00402-CV, RULE 47.7, 09-23-99)

motion to dismiss and rule 62, TRAP imposition overruled

99-1270 D. R. BEELER, BEVERLY BEELER v. M. L. STONE; from Hardin County; 9th district (09-98-00555-CV, RULE 47.7, 11-04-99)

99-1284 GREENWAY IMPROVEMENT ASSOCIATION v. BANK UNITED and UTAH STATE RETIREMENT INVESTMENT FUND; from Harris County; 1st district (01-99-00037-CV, 6 SW3D 705, 11-04-99)

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)

99-1290 DICKSON CONSTRUCTION, INC. v. FIDELITY & DEPOSIT COMPANY OF MARYLAND, HIBBS-HALLMARK & COMPANY, and BILLY HIBBS; from Gregg County; 6th district (06-98-00160-CV, 5 SW3D 353, 10-29-99)

99-1297 ETHEL DOMEL and NORMAN DOMEL v. CITY OF GEORGETOWN, TEXAS; from Williamson County; 3rd district (03-98-00544-CV, 6 SW3D 349, 01-12-99)

99-1300 BALTASAR D. CRUZ v. SCHELL, BEENE & VAUGHAN, REBECCA B. FISHER, JOHN K. VAUGHAN, R. MICHAEL BEENE, and RUSSELL W. SCHELL; from Dallas County; 11th district (11-98-00075-CV, RULE 47.7, 08-05-99)

as redrafted

THE FOLLOWING PETITION FOR REVIEW BEING TREATED AS BOTH A

PETITION FOR REVIEW AND A PETITION FOR WRIT OF MANDAMUS

IS DENIED:

99-1306 DONALD RAY MCCRAY v. BERNARD GOUDEAU; from Harris County

THE FOLLOWING PETITION FOR REVIEW IS DISMISSED

FOR WANT OF JURISDICTION:

99-1275 DONALD RAY MCCRAY v. KATHRINE ATWELL; from Fort Bend County

motion to dismiss petition for review granted

ORDERS ON MOTIONS

THE FOLLOWING MOTION FOR REHEARING OF A CAUSE IS OVERRULED:

98-1031 LANE BANK EQUIPMENT CO. v. SMITH SOUTHERN EQUIPMENT INC.; from Harris County; 1st district (01-97-01032-CV, 981 SW2D 302, 07-23-98)

THE FOLLOWING MOTIONS FOR REHEARING OF PETITIONS FOR REVIEW

ARE OVERRULED:

99-0075 AMERICAN HONDA MOTOR CO., INC. v. DUPRIEST AUTOMOTIVE, INC.; from Randall County; 7th district (07-97-00463-CV, 980 SW2D 521, 11-10-98)

The Court withdraws its opinion of December 16, 1999, and substitutes the opinion issued today.

Per Curiam Opinion

99-0816 WAL-MART STORES, INC. v. RICHARD MORGAN; from Anderson County; 12th district (12-98-00093-CV, RULE 47.7, 06-30-99)

99-0836 LENNY JIMENEZ and JOE JIMENEZ v. FIDEL RODRIGUEZ; from Harris County; 1st district (01-98-00293-CV, RULE 47.7, 04-15-99)

99-0961 SHARON LEE v. DRESSER INDUSTRIES, INC.; from Harris County; 1st district (01-97-00072-CV, RULE 47.7, 06-24-99)

(Justice Enoch not sitting)

99-1055 CITY OF HOUSTON & BOB DEVILLIER v. BARTO WATSON, INC.; from Harris County; 1st district (01-98-00178-CV, 998 SW2D 637, 06-10-99)

99-1196 CARL W. CURRY v. DAVID NOBLE and wife SHERRI NOBLE; from Bailey County; 7th district (07-98-00315-CV, RULE 47.7, 09-14-99)

99-1200 INTERCERAMIC, INC. v. SOUTH ORIENT RAILROAD COMPANY, LTD.; from Dallas County; 6th district (06-98-00158-CV, 999 SW2D 920, 09-17-99)

(Justice Enoch not sitting)

99-1219 LINDA WILLIAMS and JOHN W. WILLIAMS, individually and as representatives of THE ESTATE OF JOHN WESLEY WILLIAMS, deceased v. STANLEY CHATMAN, CAROLYN THOMPSON, MELISSA GEBHART, LARRY REAT, DOROTHY JOHNSON, and BOBBIE PATTERSON; from Lubbock County; 7th district (07-98-00310-CV, ___ SW3D ___, 10-20-99)

99-1231 THE CHARTER OAK FIRE INSURANCE COMPANY, INC. v. CARMEN CERVANTES; from Ector County; 8th district (08-98-00207-CV, RULE 47.7, 08-13-99)

MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

00-0021 IN RE PERCY L. "WAYNE" ISGITT

00-0075 IN RE BECKY LYN EDWARDS

00-0076 IN RE BEECH AIRCRAFT CORPORATION

00-0078 IN RE GARZA CLASS ACTION LITIGATION

00-0171 IN RE EMMA MARIA HALL and DAVID RONIN

motion for temporary relief overruled

00-0182 IN RE MARINE MILITARY ACADEMY, INC.

motion for emergency stay overruled

(Order delivered February 29, 2000)

THE PETITION FOR WRIT OF HABEAS CORPUS, OR, IN THE ALTERNATIVE,

FOR BOND REDUCTION IS DENIED IN THE FOLLOWING CASE:

00-0176 IN RE RICHARD EDMUND SURGENT, M.D.

(Order delivered February 28, 2000)

THE SECOND MOTION TO EXTEND TIME TO FILE THE MOTION FOR

REHEARING IN THE FOLLOWING CASE IS DISMISSED AS MOOT:

99-0900 THOMAS RETZLAFF v. TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES; from Bell County; 3rd district (03-98-00201-CV, RULE 47.7, 07-29-99)

THE FOLLOWING APPEAL UNDER SECTION 33.002, FAMILY CODE

IS GRANTED:

00-0140 IN RE JANE DOE

decision of the court of appeals is reversed and

remanded to the trial court

Chief Justice Phillips delivered the opinion of the Court as to Parts I-VI and a concurring opinion as to Part VII, all of which Justice Gonzales joins. Justice Enoch, Justice Baker, Justice Hankinson, and Justice O'Neill join in Parts I, II, and IV-VI of the Court's opinion and in the judgment. Justice Owen joins in Parts I, II and III of the Court's opinion and in the judgment. Justice Hecht and Justice Abbott join in Parts II and III of the Court's opinion.

Concurring opinion by Justice Enoch, joined by Justice Baker, Justice Hankinson, and Justice O'Neill.

Concurring opinion by Justice Owen, joined by Chief Justice Phillips as to Parts I and III.

Dissenting opinion by Justice Hecht, joined by Justice Abbott.

(Order delivered February 25, 2000)

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS AND MOTION

FOR EMERGENCY RELIEF IS STRUCK PURSUANT TO RULE 9.4(i)

TEXAS RULES OF APPELLATE PROCEDURE:

00-0150 IN RE ROGER HERRERA and CAROLE BISHOP

motion to withdraw writ dismissed as moot

With the following notation: "The petition for writ of mandamus and motion for emergency relief violate rules 52.6 and 52.10 of the Texas Rules of Appellate Procedure, respectively, and are struck. Relator is ordered to redraw; the redrawn petition and motion are due to be filed no later than 5:00 p.m. on March 9, 2000. See TEX. R. APP. P. 9.4(i)."

THE JOINT MOTION OF BANGALORE N. LAKSHMIKANTH, M.D. PETITIONER,

AND MARTA A. MARTINEZ AND PEDRO MARTINEZ, RESPONDENTS, FOR

DISPOSITION OF APPEAL IN AID OF SETTLEMENT IS GRANTED

IN THE FOLLOWING CASE:

99-0945 BANGALORE N. LAKSHMIKANTH, M.D. and SHE LING WONG, M.D. v. MARTA A. MARTINEZ and PEDRO MARTINEZ; from Cameron County; 13th district (13-98-00092-CV, 1 SW3D 144, 06-24-99)

2 petitions

Pursuant to 56.3, Texas Rules of Appellate Procedure, the Court grants Lakshmikanths' petition for review without hearing oral argument or considering the merits, sets aside the court of appeals and trial court judgments only as to Lakshmikanth and remands the case to the trial court for rendition of judgment in accordance with the settlement agreement among Lakshmikanth and Marta A. Martinez and Pedro Martinez.

ORDER OF THE COURT

THE FOLLOWING CAUSE IS SET FOR SUBMISSION ON WEDNESDAY,

MARCH 22, 2000, AT 9:00 A.M.:

99-1011 JANIS ANN PAYNE v. GALEN HOSPITAL CORPORATION d/b/a CLEAR LAKE MEDICAL CENTER; from Harris County; 1st district (01-97-00087-CV, ___ SW3D ___, 08-26-99)

Oral submission of this cause will be conducted at the University of St. Mary's School of Law in San Antonio, Texas. See TEX. CONST. Art. V. § 3(a).

Time allotted to argue: 20/20 minutes

THE FOLLOWING CAUSES ARE SET FOR SUBMISSION ON WEDNESDAY,

APRIL 5, 2000, AT 9:00 A.M.:

Time allotted to argue: 20/20 minutes

99-0859 THE MONTGOMERY INDEPENDENT SCHOOL DISTRICT v. JOANNE DAVIS; from Montgomery County; 9th district (09-97-00459-CV, 994 SW2D 435, 07-15-99)

Time allotted to argue: 20/20 minutes