THE SUPREME COURT OF TEXAS
Orders Pronounced March 30, 2000
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
99-1271 J. M. W. W. v. THE STATE OF TEXAS; from Denton County; 2nd district (02-98-00238-CV, RULE 47.7, 11-10-99)
99-1299 J. M. W. W. v. THE STATE OF TEXAS; from Denton County; 2nd district
(02-98-00239-CV, RULE 47.7, 11-10-99)
00-0009 STRAITWAY TRANSPORT, INCORPORATED and DOMINGO DIAZ v. DAN MUNDORF; from Live Oak
County; 13th district (13-98-00173-CV, 6 SW3D 734, 11-18-99)
00-0055 LARRY LEE v. RONALD R. CRESSWELL and LOCKE PURNELL RAIN HARRELL; from Dallas County; 11th district (11-99-00080-CV, RULE 47.7, 12-08-99)
00-0058 OMAR SANTOS ESCAMILLA v. CITY OF LAREDO and UNITED INDEPENDENT SCHOOL DISTRICT; from Webb County; 4th district (04-99-00342-CV, 9 SW3D 416, 12-15-99)
00-0068 HENRY GONZALES, JOANN MOYA, VICKI MOYA CRUZ, ROSANNE GONZALES, WILLIAM R. MORRIS, and JOSIE MORRIS, individually and a/n/f of LAUREN MORRIS and RALPH RIVERA v. TRINITY INDUSTRIES, INC.; from Harris County; 1st district (01-99-00301-CV, 7 SW3D 303, 12-09-99)
00-0114 BILL LIEBBE v. DOUGLAS FLOYD; from Dallas County; 5th district (05-97-01272-CV,
RULE 47.7, 11-02-99)
00-0125 CIGNA PROPERTY AND CASUALTY INSURANCE COMPANY v. OLD REPUBLIC INSURANCE COMPANY;
from Dallas County; 5th district (05-97-00459-CV, RULE 47.7, 10-04-99)
00-0131 BARRY R. LEDBETTER v. MISSOURI PACIFIC RAILROAD COMPANY d/b/a UNION PACIFIC RAILROAD COMPANY; from Anderson County; 12th district (12-99-00041-CV, ___ SW3D ___, 12-30-99)
00-0133 LANNY DARRELL HEATHCOCK and RAQUEL PILAR HEATHCOCK v. SOUTHERN COUNTY MUTUAL INSURANCE COMPANY, and GENERAL AGENTS INSURANCE COMPANY OF AMERICA, INC.; from Harris County; 14th district (14-97-00894-CV, RULE 47.7, 11-18-99)
00-0134 GEORGE H. VICK v. WILSON W. GOUGER and MARY VICK PODELL; from Anderson County; 12th district (12-97-00424-CV, RULE 47.7, 05-27-99)
00-0138 MICHAEL QUEZADA v. SGT. MARK ERSKINE and THOMAS HINKLE; from Karnes County; 4th district (04-99-00824-CV, RULE 47.7, 11-30-99)
00-0143 CARL RUTLEDGE v. PAULINE STANER; from Anderson County; 12th district (12-99-00253-CV, 9 SW3D 469, 12-30-99)
00-0144 WALTER BERRY DAVIS, CAROL FAIRCHILD DAVIS, individually and as next friends of their minor child, C. D. v. MAZDA MOTOR CORPORATION and MAZDA MOTOR OF AMERICA, INC.; from Bexar County; 4th district (04-98-00844-CV, RULE 47.7, 11-17-99)
00-0157 STAN C. THORNE v. ENSERCH EXPLORATION, INC.; from Dallas County; 11th district
(11-98-00070-CV, RULE 47.7, 01-13-00)
(Justice Enoch not sitting)
THE FOLLOWING PETITION FOR REVIEW IS DISMISSED PURSUANT TO
SETTLEMENT:
99-0872 TEXAS DEPARTMENT OF HEALTH v. JANE DOE; from Travis County; 3rd district (03-98-00677-CV, 994 SW2D 890, 06-10-99)
agreed motion to dismiss the petition for review granted
ORDERS ON MOTIONS
THE FOLLOWING MOTIONS FOR REHEARING OF PETITIONS FOR REVIEW
ARE OVERRULED:
99-0778 SID PETERSON MEMORIAL HOSPITAL v. JUDITH BROWN STREET, JAMES EARL STREET, JR.,
and JOHN GREEN, independent administrator of the ESTATE OF JAMES WAYNE STREET, deceased;
from Kerr County; 4th district (04-98-00288-CV, RULE 47.7, 02-24-99)
99-0935 CHRISTOPHER GILL, LAURA GILL, RICHARDSON GILL, and PETER GILL v. AMERICAN
BROADCASTING COMPANIES, INC.; from Bexar County; 4th district (04-97-00838-CV, 6 SW3D 19,
06-16-99)
99-1210 CHRISTA TAYLOR v. JOE THOMPSON, ROBERT NEAL, NEAL'S AUTO SALVAGE & WRECKER
SERVICE, ROLLIE ROGERS, and MARIE ROGERS WRIGHT; from Harris County; 1st district
(01-98-00519-CV, 4 SW3D 63, 09-16-99)
THE FOLLOWING MOTION FOR REHEARING OF A PETITION FOR WRIT OF
MANDAMUS IS OVERRULED:
00-0106 IN RE CATHERINE L. DYE
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
00-0127 IN RE JAMES MARSHALL SMITH
as redrafted
00-0160 IN RE ALVIN LEE HARRISON
00-0179 IN RE RHONDA AVARY, guardian of the ESTATE OF B. J. B. and
T. J. B., minor children
00-0200 IN RE KPH CONSOLIDATED, INC. d/b/a COLUMBIA KINGWOOD MEDICAL CENTER and
COLUMBIA KINGWOOD MEDICAL CENTER
(Order delivered March 24, 2000)
00-0269 IN RE KIM VERBOIS and STEVE RIGGINS
motion for temporary relief overruled
(Order delivered March 24, 2000)
00-0291 IN RE TERRY ROMBOUGH
motion for emergency relief to stay underlying proceedings overruled
(Order delivered March 27, 2000)
THE MOTION FOR EMERGENCY TEMPORARY RELIEF IS GRANTED IN THE
FOLLOWING CASE:
00-0218 IN RE LAVERNIA NURSING FACILITY, INC. d/b/a COUNTRY CARE MANOR
With the following notation: "The emergency motion to stay production of documents
is granted."
[The petition for writ of mandamus remains pending before this Court]
(Order delivered March 23, 2000)
THE FOLLOWING JOINT MOTION TO DISMISS APPEAL, BEING TREATED AS
A MOTION TO DISMISS THE PETITION FOR REVIEW, IS GRANTED:
00-0208 COOK COMPOSITES, INC. n/k/a CURRAN COMPOSITES, INC., TOTAL COMPOSITES, INC. and
COOK COMPOSITES AND POLYMER CO. v. WESTLAKE STYRENE CORPORATION; from Harris County; 14th
district (14-98-01064-CV, ___ SW3D ___, 01-26-00)
THE AGREED MOTION TO DISMISS THE PETITION FOR WRIT OF
MANDAMUS IS GRANTED IN THE FOLLOWING CASE:
99-0026 IN RE JOHN F. MacDONALD
motion to withdraw papers granted in part
With the following notation: "Marketing Investors Corporation is allowed to withdraw
all copies of the following documents filed in this Court: (1) Record for Petition for
Writ of Mandamus - Volume I; (2) Record for Petition for Writ of Mandamus - Volume II; and
(3) Marketing Investors Corporation's Supplemental Record. Marketing Investors Corporation
is also allowed to withdraw all copies of the following documents forwarded to this Court
by the court of appeals: (1) Relator's Appendix for Petition for Writ of Mandamus; (2)
Relator's Record for Petition for Writ of Mandamus - Volume I; (3) Relator's Record for
Petition for Writ of Mandamus - Volume II; and (4) sealed documents provided for in
camera inspection."
THE FOLLOWING MOTION TO STRIKE THE PETITION FOR REVIEW AND
APPENDIX IS GRANTED IN PART:
00-0214 HERMAN E. MITCHELL v. CARLYE H. CHAPMAN, JR.; from Dallas County; 5th district (05-97-01310-CV, ___ SW3D ___, 01-28-00)
With the following notation: "The Court strikes the appendix because it includes substantive briefing in violation of TEX. R. APP. P. 53.2(k)(2). Petitioner is ordered to redraw; the redrawn appendix is due no later than 5:00 p.m., April 6, 2000. See TEX. R. APP. P. 9.4(i), 53.9."
THE FOLLOWING MOTION TO STRIKE AND REFUSE CONSIDERATION OF
BRIEF OF AMICUS CURIAE PRODUCT LIABILITY ADVISORY COUNCIL, INC.
IS OVERRRULED:
99-1278 FORD MOTOR COMPANY v. JORGE AGUINIGA, ET AL.; from Starr County; 4th district (04-97-01018-CV, 9 SW3D 252, 11-03-99)