THE SUPREME COURT OF TEXAS

Orders Pronounced March 23, 2000

ORDERS ON CASES GRANTED

THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:

99-0843 IN THE INTEREST OF V. L. K.; from Tarrant County; 2nd district (02-98-00102-CV, 993 SW2D 887, 06-10-99)

99-0981 RON LEVINE and SERENA LEVINE v. BAYNE, SNELL & KRAUSE, LTD.; from Bexar County; 4th district (04-98-00906-CV, RULE 47.7, 08-18-99)

ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

99-0738 WAL-MART STORES, INC. v. TERRI SHOLL; from Brazoria County; 13th district (13-97-00411-CV, 990 SW2D 412, 03-25-99)

motion to dismiss for want of jurisdiction overruled

99-0790 THE CADLE COMPANY II, INC. v. CYRIL J. RABINOWITZ; from Dallas County; 5th district (05-97-00160-CV, 993 SW2D 796, 05-11-99)

99-0802 SECURITY LIFE OF DENVER INSURANCE COMPANY v. WELDON D. FERGUSON, GLORIA J. FERGUSON, and THE WELDON D. FERGUSON AND GLORIA J. FERGUSON 1990 TRUST; from Dallas County; 5th district (05-98-01738-CV, RULE 47.7, 05-28-99)

motion to dismiss for want of jurisdiction overruled

99-0839 WAL-MART STORES, INC. v. RUBY ARD and J. C. ARD; from Tyler County; 9th district (09-97-00361-CV, 991 SW2D 518, 06-10-99)

99-0864 A. G. HAMILTON v. BANDERA INDEPENDENT SCHOOL DISTRICT, ET AL.; from Bandera County; 4th district (04-98-00590-CV, 2 SW3D 367, 05-26-99)

motion to dismiss appeal as moot dismissed as moot

99-0992 3 BEALL BROTHERS 3, INC. v. CAROLE KEETON RYLANDER, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS and JOHN CORNYN, ATTORNEY GENERAL OF THE STATE OF TEXAS; from Travis County; 3rd district (03-98-00533-CV, 2 SW3D 562, 08-26-99)

99-1017 THE CITY OF GROVES, TEXAS, THE BOARD OF ADJUSTMENT OF THE CITY OF GROVES, TEXAS, and the building inspector of THE CITY OF GROVES, TEXAS v. STEVEN DENGLER and RUSSELL DENGLER; from Jefferson County; 9th district (09-98-00476-CV, 997 SW2D 418, 08-26-99)

99-1021 GERALDINE POSEY v. BROUGHTON FARM COMPANY and BROUGHTON JOINT VENTURE; from Howard County; 11th district (11-98-00272-CV, 997 SW2D 829, 07-22-99)

99-1166 TEXAS INDUSTRIES, INC. v. THE CITY OF DALLAS; from Dallas County; 11th district (11-97-00330-CV, 1 SW3D 792, 08-19-99)

99-1184 RANDALL HOLLAND v. CHEMICALS INCORPORATED; from Chambers County; 14th district (14-97-01402-CV, RULE 47.7, 10-14-99)

99-1262 LINCOLN PROPERTY COMPANY v. CASEY RAY DESHAZO; from Tarrant County; 2nd district (02-97-00258-CV, 4 SW3D 55, 09-16-99)

99-1293 CITY OF HOUSTON v. PAUL KUBOSH, and H. KING TEIKEN, on their behalf and on behalf of all others similarly situated; from Harris County; 1st district (01-98-00933-CV, 2 SW3D 463, 07-22-99)

00-0006 ESTATE OF SHEARN MOODY, JR., deceased v. THE MOODY FOUNDATION and JOHN CORNYN, ATTORNEY GENERAL; from Travis County; 3rd district (03-99-00034-CV, RULE 47.7, 11-18-99)

00-0014 K-C AVIATION, INC. v. FIGHTERTOWN, INC.; from Dallas County; 5th district (05-96-01998-CV, RULE 47.7, 09-10-99)

00-0018 JEFFERY S. SELLBACH v. JUSTIN TROY CLUBB and THOMAS J. CLUBB; from Jefferson County; 6th district (06-98-00104-CV, 7 SW3D 749, 11-19-99)

00-0030 JIM BAILEY v. TECO PIPELINE COMPANY; from Guadalupe County; 4th district (04-98-00611-CV, RULE 47.7, 11-10-99)

00-0034 DR. MICHAEL MANTIS, individually and d/b/a ALCMED and d/b/a ASSOCIATE MEDICAL v. HOWARD RESZ d/b/a IMAG MRI SERVICE; from Tarrant County; 2nd district (02-98-00396-CV, 5 SW3D 388, 11-4-99)

00-0035 820 MEDICAL & OFFICE SUITES, INC. v. CITY OF FORT WORTH, ROBERT TERRELL, individually and PAUL BOUNDS, individually; from Tarrant County; 2nd district (02-99-00097-CV, RULE 47.7, 10-14-99)

00-0043 AARON HICKS v. CROWN EQUIPMENT CORPORATION, d/b/a CROWN LIFT TRUCKS COMPANY; from Harris County; 1st district (01-98-00631-CV, RULE 47.7, 10-21-99)

00-0046 TERRANCE CASEY d/b/a CASEY INTERNATIONAL v. DALSTAR COMMERCIAL REALTY; from Dallas County; 11th district (11-99-00092-CV, RULE 47.7, 11-18-99)

00-0049 TIMBER CREEK VETERINARY HOSPITAL, JEFFREY L. YOUNG, and GREGG O. VENEKLASSEN v. CAROL O. WHIPPLE and GORDON S. WHIPPLE; from Randall County; 7th district (07-98-00363-CV, RULE 47.7, 02-03-00)

00-0051 ALICE ELECTRIC COMPANY v. TEXACO EXPLORATION AND PRODUCTION, INC. and TEXACO, INC.; from Harris County; 1st district (01-99-00700-CV, RULE 47.7, 12-02-99)

00-0052 HAMPTON HARDWARE, INC., AUGIE'S TRUE VALUE HARDWARE, TOM'S TRUE VALUE HARDWARE, R, S&G ENTERPRISES, INC. d/b/a DARNELL'S TRUE VALUE HOME CENTER, MCMILLAN LUMBER CO., INC. d/b/a MCMILLAN TRUE VALUE HARDWARE, SMITH'S EAST SIDE ENTERPRISES, INC., ET AL. v. COTTER & COMPANY, INC.; from Dallas County; 5th district (05-97-00819-CV, RULE 47.7, 12-03-99)

00-0053 HLB ENTERPRISES OF TEXAS INC. v. LEONARD PEEL, d/b/a CATFISH WAREHOUSE, INC.; from Dallas County; 12th district (12-99-00221-CV, RULE 47.7, 09-30-99)

2 petitions

00-0054 KRISTINE ARLITT v. GRAHAM WESTON, ELIZABETH CLUCK-WESTON, ELWOOD CLUCK, PILF INVESTMENTS, INC., SONESTA HOLDINGS CO., INC., and RIVERSIDE FINANCIAL GROUP; from Bexar County; 4th district (04-98-00035-CV, RULE 47.7, 12-01-99)

00-0056 DENZEL JOHNSON v. TANTON 1111 CALIFORNIA LANE PARTNERSHIP, JACQUE J. TANTON, JOHN D. TANTON, and CLOVIS MITCHELL; from Tarrant County; 2nd district (02-99-00131-CV, RULE 47.7, 12-02-99)

00-0059 ROOMS WITH A VIEW, INC., a Texas corporation, NATIONAL ASSOCIATION OF THE REMODELING INDUSTRY-HOUSTON CHAPTER, INC. v. PRIVATE NATIONAL MORTGAGE ASSOCIATION, INC., d/b/a PENNIE MAE; from Travis County; 3rd district (03-99-00231-CV, 7 SW3D 840, 12-09-99)

2 petitions

00-0060 BETTY MAYS v. CITY OF PLANO; from Collin County; 5th district (05-97-00391-CV, RULE 47.7, 12-06-99)

00-0111 IN THE MATTER OF J. S.; from Bexar County; 4th district (04-99-00551-CV, 01-05-00)

00-0118 JAMES R. FOYE, IND. and d/b/a ELITE BUSINESS SYSTEMS v. LYNETTE MONTES; from Harris County; 14th district (14-98-00665-CV, ___ SW3D ___, 12-16-99)

THE FOLLOWING PETITIONS FOR REVIEW ARE DISMISSED

FOR WANT OF JURISDICTION:

00-0005 RICHARD T. MULLEN v. DIANE CHEATHAM; from Dallas County; 5th district (05-99-00916-CV, RULE 47.7, 12-06-99)

00-0027 TIM FRAZIN d/b/a AWESOME CARDS-COMICS v. PLAIN MAJESTIC PROPERTIES, INC. f/k/a PLANO ROYAL PROPERTIES, INC.; from Dallas County; 5th district (05-97-00002-CV, RULE 47.7, 06-30-99)

00-0020 DONALD RAY MCCRAY v. MARVIN MARTIN; from Brazos County; 1st district (01-99-01246-CV)

motion for return of volume of the record dismissed as moot

THE FOLLOWING PETITION FOR REVIEW IS DISMISSED AS MOOT:

99-0773 THE SILSBEE INDEPENDENT SCHOOL DISTRICT v. DANIELS BUILDING & CONSTRUCTION, INC. and TERRY L. DANIELS; from Hardin County; 9th district (09-98-00294-CV, 990 SW2D 947, 05-27-99)

ORDERS ON MOTIONS

THE FOLLOWING MOTION FOR REHEARING OF A CAUSE IS OVERRULED:

99-0704 IN RE UNION PACIFIC RESOURCES COMPANY

THE FOLLOWING MOTIONS FOR REHEARING OF PETITIONS FOR REVIEW

ARE OVERRULED:

99-0145 MARINE OFFICE OF AMERICA CORPORATION and FIDELITY & CASUALTY COMPANY OF NEW YORK v. JOHN DUZICH individually and THE MISS SUNI SUZANNE; from San Patricio County; 13th district (13-96-00463-CV, 980 SW2D 857, 10-8-98)

99-0909 RUTH RAYNER v. ANGEL VASQUEZ and DORICELYS MARTINEZ; from Dallas County; 5th district (05-99-00812-CV, RULE 47.7, 05-27-99)

99-1035 VINCENT LILLY v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE, ET AL.; from Anderson County; 12th district (12-98-00316-CV, RULE 47.7, 07-29-99)

99-1115 ANA MARIA FALCON, ET AL. v. TRANSPORTES AEREOS DE COAHUILA S.A. a/k/a TACSA; from Maverick County; 4th district (04-99-00047-CV, 5 SW3D 712, 08-18-99)

99-1280 DAVID ARLEN and MARILYN ARLEN v. THE HEARST CORPORATION d/b/a THE HOUSTON CHRONICLE; from Harris County; 1st district (01-98-00985-CV, 4 SW3D 326, 09-16-99)

THE FOLLOWING MOTION FOR REHEARING OF A PETITION FOR WRIT OF

MANDAMUS IS OVERRULED:

99-0801 IN RE MANOR PARK, INC.

MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

99-1081 IN RE THERESA POSANI, ET AL.

00-0100 IN RE WILLIAM E. CARTER

as redrafted

00-0146 IN RE ROBERTO G. CASTRO

00-0228 IN RE ROBIN KING d/b/a ALPHA MACHINERY & EQUIPMENT CORPORATION

motion for temporary relief overruled

(Order delivered March 17, 2000)

00-0255 IN RE OAKWOOD MOBILE HOMES, INC.

motion for temporary relief overruled

(Order delivered March 17, 2000)

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED

AS MOOT:

00-0219 IN RE NORMAL LIFE OF NORTH TEXAS, INC. and NORMAL LIFE, INC.

motion to dismiss granted

motion for temporary relief dismissed as moot

(Order delivered March 22, 2000)

THE FOLLOWING APPEAL UNDER SECTION 33.004(f), TEXAS FAMILY CODE

IS GRANTED:

00-0213 IN RE JANE DOE 4

the Court vacates the judgments of the court of appeals and the trial court and remands to the trial court for further proceedings

Chief Justice Phillips delivered the opinion of the Court, joined

by Justice Enoch, Justice Baker, Justice Hankinson,

Justice O'Neill, and Justice Gonzales

Dissenting opinion by Justice Hecht

Dissenting opinion by Justice Owen, joined by

Justice Hecht and Justice Abbott

(Order delivered March 22, 2000)

ORDER OF THE COURT

THE FOLLOWING CAUSES ARE SET FOR SUBMISSION ON WEDNESDAY,

APRIL 12, 2000, AT 9:00 A.M.

99-0843 IN THE INTEREST OF V. L. K. v. ; from Tarrant County; 2nd district (02-98-00102-CV, 993 SW2D 887, 06-10-99)

Time allotted to argue: 20/20 minutes

99-0981 RON LEVINE and SERENA LEVINE v. BAYNE, SNELL & KRAUSE, LTD.; from Bexar County; 4th district (04-98-00906-CV, RULE 47.7,)

Time allotted to argue: 20/20 minutes