THE SUPREME COURT OF TEXAS

Orders Pronounced March 9, 2000

ORDERS ON CAUSES


98-0132 INTRATEX GAS COMPANY v. RICHARD BEESON, ECLIPSE OIL & GAS, INC., and O'NEILL PROPERTIES, LTD., ET AL.; from Harris County; 1st district (01-96-01173-CV, 960 SW2D 389, 01-15-98)


The Court reverses the judgment of the court of appeals and remands the cause to the trial court for further proceedings.


Opinion by Justice Hankinson, joined by Chief Justice Phillips,

Justice Hecht, Justice Enoch, Justice Owen, Justice Baker,

Justice Abbott, and Justice Gonzales



(Justice O'Neill not sitting)

99-0446 MARK MATTHEW JOHNSTONE v. THE STATE OF TEXAS; from Harris County; 1st district (01-98-00525-CV, 988 SW2D 950, 04-01-99)

- consolidated with -


99-0463 MARK MATTHEW JOHNSTONE v. THE STATE OF TEXAS; from Harris County; 1st district (01-98-01061-CV, 988 SW2D 950, 04-01-99)


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

Per Curiam Opinion

99-0916 MEYER LEVY v. CITY OF PLANO, TEXAS; from Collin County; 5th district (05-97-00061-CV, RULE 47.7, 06-10-99)

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

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

Per Curiam Opinion



ORDERS ON CASES GRANTED

THE FOLLOWING PETITION FOR REVIEW IS GRANTED:


99-0793 LEE LEWIS CONSTRUCTION, INC. v. NORMA HARRISON, individually and a/n/f of S. D. H. and J. T. H., minors, SELLIE E. HARRISON and MAY HARRISON; from Lubbock County; 7th district (07-97-00495-CV, RULE 47.7, 07-08-99)


ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

99-0636 IN THE MATTER OF L. M.; from Travis County; 3rd district (03-97-00334-CV, 993 SW2D 276, 04-15-99)

2 petitions

99-0884 IN THE MATTER OF D. M.; from Dallas County; 5th district (05-97-00455-CV, RULE 47.7, 08-12-99)

99-0958 IN THE MATTER OF C. R.; from Travis County; 3rd district (03-97-00785-CV, ___ SW3D ___, 05-27-99)

99-1004 JERRY GANTT, JANICE LISA FOSTER, GANTT CONSTRUCTION, INC., and GANTT SERVICES, INC. v. CAROL B. GANTT; from Harris County; 13th district (13-97-00429-CV, RULE 47.7, 08-12-99)


99-1194 KENNETH W. LEWIS and SANDRA LEWIS v. M. JOSEPH SHEPARD, M.D., EAST TEXAS ORTHOPAEDICS and SPORTS MEDICINE, P. A., and FRANKIE EASTMAN, O.P.A.C.; from Smith County; 12th district (12-99-00213-CV, RULE 47.7, 07-30-99)


99-1269 CONCHO RESIDENTIAL SERVICE, INC. v. MHMR SERVICES FOR THE CONCHO VALLEY a/k/a CONCHO VALLEY CENTER FOR HUMAN ADVANCEMENT, in its capacity as an unincorporated association, its capacity as a mental retardation authority, and as a purported community MHMR center, JAMES YOUNG, ET AL.; from Tom Green County; 3rd district (03-98-00022-CV, RULE 47.7, 11-12-99)

99-1281 CHARLES CHILDERS v. JANIS N. ROBBINS; from Travis County; 3rd district (03-99-00072-CV, RULE 47.7, 10-28-99)

as amended


99-1303 NORWEGIAN CRUISE LINE LIMITED d/b/a NORWEGIAN CRUISE LINE v. KENT STOBAUGH, NANCY STOBAUGH, RICHARD HEIDBRINK, and DORIS HEIDBRINK; from Harris County; 14th district (14-98-00059-CV, 5 SW3D 232, 07-29-99)


99-1305 HANNAH FONTELROY v. SAN ANTONIO REGIONAL HOSPITAL, SAN ANTONIO COMMUNITY HOSPITAL, and HUMANA HOSPITAL; from Bexar County; 4th district (04-98-00648-CV, RULE 47.7, 09-08-99)


THE FOLLOWING PETITION FOR REVIEW IS DISMISSED PURSUANT

TO SETTLEMENT:



99-0679 TEXAS WORKFORCE COMMISSION v. TEXAS AFL-CIO, BOYCE BREEDLOVE, and GENE EDGERLY; from Travis County; 3rd district (03-98-00298-CV, RULE 47.7, 04-08-99)


Pursuant to 56.3, Texas Rules of Appellate Procedure, the Court grants the petition for review, reverses the court of appeals' judgment without reference to the merits and remands the case to the trial court for implementation of the settlement agreement.

 

ORDERS ON MOTIONS

THE FOLLOWING MOTION FOR REHEARING OF A CAUSE

IS OVERRULED:

99-0228 KOCH REFINING COMPANY, H & S CONSTRUCTION COMPANY a/k/a H & S CONSTRUCTION, INC., H & S CONSTRUCTORS, INC., and STAFFTEK, INC. a/k/a STAFF TECH v. JUAN ROBERT CHAPA and ADELINA CHAPA; from Nueces County; 13th district (13-97-00167-CV, 985 SW2D 158, 12-03-98)

(Justice O'Neill not sitting)


THE FOLLOWING MOTIONS FOR REHEARING OF PETITIONS FOR REVIEW

ARE OVERRULED:

99-1092 ALAN COHEN v. CHARLES GRAHAM COHEN and ROBERT ETHAN COHEN; from Bexar County; 4th district (04-99-00011-CV, RULE 47.7, 06-16-99)

 

99-1221 BEA THEDFORD, ET AL. v. UNION OIL COMPANY OF CALIFORNIA, ET AL.; from Van Zandt County; 5th district (05-96-00865-CV, RULE 47.7, 08-09-99)

(Justice O'Neill not sitting)


MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

 

99-1209 IN RE SHAMEKA RAY and MARCUS IRVIN

motion to retain petition for writ of mandamus overruled


99-1298 IN RE CURTIS BLANCHARD, independent executor of THE ESTATE OF OLLIE BLANCHARD

as redrafted

motion to strike petition for writ of mandamus overruled



00-0057 IN RE SARA BARNETT GUERRA

00-0066 IN RE JAMES CHRISTIAN KINZIE, ET AL.

00-0095 IN RE BRADFORD CONDIT



00-0194 IN RE FRED THOMPSON

motion to suspend the rules overruled


00-0198 IN RE VALLEY WOMEN'S CLINIC, P. A.

emergency motion to stay trial court's order overruled

(Order delivered March 3, 2000)




THE FOLLOWING PETITION FOR WRIT(S) OF MANDAMUS,

QUO WARRANTO, OR INJUNCTION IS DENIED:


00-0197 IN RE WILLIAM STEED KELLEY, ET AL.

(Order delivered March 3, 2000)



THE FOLLOWING PETITION FOR REVIEW IS STRUCK PURSUANT TO RULE

9.4(i) TEXAS RULES OF APPELLATE PROCEDURE:


00-0129 JOSEPH J. REY, ET AL. v. C.M.H. INVESTMENTS, INC.; from El Paso County; 8th district (08-98-00035-CV, RULE 47.7, 12-16-99)


With the following notation: "The petition for review violates portions of Rule 9 of the Texas Rules of Appellate Procedure and is struck. Petitioner is ordered to redraw; the redrawn petition is due no later than 5:00 p.m. March 23, 2000. See TEX. R. APP. P. 9.4(i)."


THE FOLLOWING MOTION TO PUBLISH THE OPINION OF THE COURT

OF APPEALS IS OVERRULED:

00-0153 ROGERIO PEDRAZA, SR. v. RUBEN PENA; from Hidalgo County; 13th district (13-97-00450-CV, RULE 47.7, 09-16-99)



THE FOLLOWING MOTION TO INCREASE DEPOSIT IN LIEU OF

SUPERSEDEAS BOND IS DISMISSED AS MOOT:

99-1250 JIM and DELORES DAY v. MARY TRIPP, FRED JONES, LLOYD ADAMS, DAVID WARD and CATHERINE WARD; from Travis County; 3rd district (03-97-00480-CV, RULE 47.7, 07-29-99)

motion to dismiss as moot granted


[Note: The petition for review remains pending before this court.]


THE FOLLOWING APPEAL UNDER SECTION 33.002, FAMILY CODE

IS GRANTED:

00-0191 IN RE JANE DOE 2

the Court vacates the judgments of the court of appeals and

the trial court and remands to the trial court for further

proceedings



Justice Enoch delivered the opinion of the Court, joined by Chief Justice Phillips, Justice Baker, Justice Hankinson, Justice O'Neill and Justice Gonzales, and joined by Justice Owen in Part VII.



Concurring opinion by Justice Owen.


Dissenting opinion by Justice Hecht, joined by Justice Abbott.

(Order delivered March 7, 2000)



ORDER OF THE COURT


THE FOLLOWING CAUSE IS SET FOR SUBMISSION ON WEDNESDAY,

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


99-0793 LEE LEWIS CONSTRUCTION, INC. v. NORMA HARRISON, individually and a/n/f of S. D. H. and J. T. H., minors, SELLIE E. HARRISON and MAY HARRISON; from Lubbock County; 7th district (07-97-00495-CV, RULE 47.7, 07-08-99)

Time allotted to argue: 20/20 minutes