THE SUPREME COURT OF TEXAS

Orders Pronounced April 6, 2000

ORDERS ON CAUSES

97-0954 CITY OF MIDLAND, RICHARD L. CZECH, individually and in his official capacity as CHIEF OF POLICE, CITY OF MIDLAND POLICE DEPARTMENT, and J. W. MARUGG, individually and in his official capacity as LIEUTENANT, CITY OF MIDLAND POLICE DEPARTMENT v. MILTON O'BRYANT, LEONARD HENDON, JR., JIMMIE CROSS, JOE ORTIZ, and MARVIN RASCO; from Travis County; 3rd district (03-96-00130-CV, 949 SW2D 406, 03-06-97)

The Court affirms in part and reverses in part the court of appeals' judgment, and remands O'Bryant's and Cross's claims for reinstatement to the trial court.

Opinion of the Court by Justice Owen

98-0479 CONTINENTAL CASUALTY INSURANCE COMPANY v. FUNCTIONAL RESTORATION ASSOCIATES, PRODUCTIVE REHABILITATION INSTITUTE OF DALLAS FOR ERGONOMICS, and THE TEXAS WORKERS' COMPENSATION COMMISSION; from Travis County; 3rd district (03-97-00103-CV, 964 SW2D 776, 03-12-98)

2 petitions

The Court reverses the court of appeals' judgment and affirms the district court's judgment dismissing the suit.

Opinion by Justice Abbott, joined by Justice Enoch,

Justice Baker, Justice Hankinson, Justice O'Neill,

and Justice Gonzales as to part III

Dissenting Opinion by Chief Justice Phillips, joined by Justice Gonzales,

joined by Justice Hecht as to parts I, II, and III, and

joined by Justice Owen as to part II

Dissenting Opinion by Justice Owen, joined by Justice Hecht

98-0946 TEXAS WORKERS' COMPENSATION INSURANCE FUND v. DEL INDUSTRIAL, INC.; from Travis County; 3rd district (03-97-00349-CV, 973 SW2D 743, 7-16-98)

The Court affirms the court of appeals' judgment.

Opinion of the Court by Justice Abbott

98-1167 LEA BORNEMAN v. STEAK & ALE of TEXAS, INC., d/b/a BENNIGAN'S; from Tarrant County; 2nd district (02-97-00046-CV, RULE 47.7, 08-31-98)

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

99-0074 HUGHES WOOD PRODUCTS, INC. and BAILEY WAGNER v. MACK M. WAGNER; from Angelina County; 9th district (09-96-00259-CV, 979 SW2D 84, 11-19-98)

The Court affirms the court of appeals' judgment.

Opinion of the Court by Justice O'Neill

99-0306 QWEST COMMUNICATIONS CORPORATION and QWEST COMMUNICATIONS INTERNATIONAL, INC. v. AT&T CORPORATION and AT&T COMMUNICATIONS OF THE SOUTHWEST, INC.; from Travis County; 3rd district (03-98-00111-CV, 983 SW2D 885, 01-14-99)

emergency motion to refer enforcement proceeding to trial court dismissed

motion for contempt and additional sanctions dismissed

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

(Justice Hankinson not sitting)

THE FOLLOWING CAUSE IS DISMISSED PURSUANT TO SETTLEMENT:

99-0026 IN RE JOHN F. MacDONALD

agreed motion to dismiss granted

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."

(Correcting Order delivered March 30, 2000)

ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

99-0729 WILLIAM JOSEPH BRAY v. REBECCA ANN BRAY; from Bexar County; 4th district (04-98-00633-CV, RULE 47.7, 06-16-99)

99-0750 IN THE MATTER OF G. M. S.; from Tarrant County; 2nd district (02-98-00368-CV, ___ SW3D ___, 04-29-99)

99-0786 BUCKINGHAM GATE LTD., INC. v. LEXINGTON INSURANCE COMPANY; from Harris County; 13th district (13-97-00813-CV, 993 SW2D 185, 03-25-99)

99-0924 NATIONAL LAND TITLE CO., INC. d/b/a SAFECO LAND TITLE CO. and EBBY HALLIDAY REAL ESTATE, INC. v. CLARKE NEWMAN and RHONDA NEWMAN; from Dallas County; 8th district (08-97-00637-CV, RULE 47.7, 04-26-99)

2 petitions

National Land Title Co., Inc. d/b/a Safeco Land Title Co. and Ebby Halliday Real Estate, Inc.'s petition as redrafted

(Justice Enoch not sitting)

99-1074 KARON ROSENFIELD WRIGHT, individually and in her capacity as successor trustee of the ABBY GREENBERG ROSENFIELD TRUST and the JACOB GREENBERG TRUST v. JOYCE Z. GREENBERG, independent executrix of the ESTATE OF JACOB GREENBERG, deceased and trustee of the JACOB GREENBERG FAMILY TRUST; from Harris County; 14th district (14-98-00987-CV, 2 SW3D 666, 09-09-99)

99-1137 MARGE LOWE as executrix of the ESTATE OF RALPH LOWE, deceased v. BEINER, MAYNARD & PARSONS, JAMES E. MCNERNEY, and JEFFREY R. PARSONS; from Harris County; 8th district (08-97-00339-CV, RULE 47.7, 7-21-99)

(Justice O'Neill not sitting)

99-1279 IN THE INTEREST OF K. C. M., a child; from Harris County; 1st district (01-98-00133-CV, 4 SW3D 392, 10-07-99)

as amended

99-1310 MYRON P. BOOTS v. ROSALIE M. LOPEZ; from Harris County; 14th district (14-98-00073-CV, 6 SW3D 292, 08-12-99)

00-0002 WOODROW T. T. FLOWERS v. SANDRA G. FLOWERS; from Bexar County; 4th district (04-98-00914-CV, RULE 47.7, 09-15-00)

00-0013 CENTRAL VALLEY CHEMICALS, INC. v. LEWIS COLE and KENNETH COLE, d/b/a COLE FARMS & RANCH; from Uvalde County; 4th district (04-98-01084-CV, 9 SW3D 207, 10-20-99)

00-0048 CHARLES J. ZUBARIK and KARI ZUBARIK v. J&S PAINTERS, INC., DAVID JENNINGS, and JOHN SUCKLING; from Dallas County; 5th district (05-97-00818-CV, RULE 47.7, 07-29-99)

00-0050 ANTONIO KOSTURAKIS OAXACA, ANTHONY, TEXAS municipal court judge v. JAMES HICKS, RODARTE ESQUIVEL, VERONICA GARCIA, SAUL REYES MORENO, LORENA FLORES, MICHAEL GROTH, and JORGE FLORES; from El Paso County; 8th district (08-99-00389-CV, RULE 47.7, 10-29-99)

00-0065 TEXAS DEPARTMENT OF PROTECTIVE and REGULATORY SERVICES v. LAURA T.; from Dallas County; 5th district (05-98-00160-CV, RULE 47.7, 12-06-99)

00-0067 VYGON CORPORATION v. CAMILLA STEINKAMP; from El Paso County; 8th district (08-98-00104-CV, RULE 47.7, 10-14-99)

00-0069 LINDA GRIFFITH, as next friend of D. S. R. and B. D. R., minor children v. STEPHEN L. BOSSAY; from Dallas County; 5th district (05-96-01870-CV, RULE 47.7, 11-2-99)

00-0077 TEA CAKE FRENCH BAKERY and TEA ROOM v. COLUMBIA/HCA OF HOUSTON, INC.; from Harris County; 14th district (14-98-00417-CV, 8 SW3D 18, 09-09-98)

2 petitions

00-0083 DON LAWSON, BOBBY LAWSON, and DAVID LAWSON d/b/a

CIRCLE L BUILDERS v. TRACY KENT NEWCOMER and JENNIFER JAMES NEWCOMER; from Wilbarger County; 7th district (07-99-00012-CV, RULE 47.7, 09-08-99)

00-0086 ERIK LEONARD v. JOHN CORNYN, ATTORNEY GENERAL OF TEXAS, CITY OF HOUSTON, HARRIS COUNTY, HARRIS COUNTY-HOUSTON SPORTS AUTHORITY; from Travis County; 3rd district (03-99-00110-CV, ___ SW3D ___, 10-07-99)

00-0087 IN THE MATTER OF B. B., a child; from Dallas County; 5th district (05-98-02042-CV, RULE 47.7, 12-17-99)

00-0092 BARBARA ANN PLETCHER v. JOHN JOSEPH GOETZ; from Tarrant County; 2nd district (02-98-00179-CV, 9 SW3D 442, 12-16-99)

00-0094 GRACIE BROWNING v. MINYARD FOOD STORES, INC.; from Dallas County; 5th district (05-97-00537-CV, RULE 47.7, 10-18-99)

00-0099 TOMMIE J. DENSON v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE INSTITUTIONAL DIVISION, ET AL.; from Anderson County; 12th district (12-99-00177-CV, ___ SW3D ___, 10-28-99)

00-0102 DONALD RAY MCCRAY v. JOHN T. ADAMS; from Travis County; 3rd district (03-99-00659-CV, RULE 47.7, 02-21-00)

motion for return of volume of the record overruled

motion to dismiss for want of jurisdiction dismissed as moot

00-0103 ARMANDO CARRIZALES v. TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES; from Travis County; 3rd district (03-99-00422-CV, 5 SW3D 922, 11-18-99)

00-0104 JOE DUNCAN v. TEXAS COMMERCE BANK NATIONAL ASSOCIATION; from Dallas County; 5th district (05-99-00355-CV, RULE 47.7, 11-10-99)

00-0126 REFUGIO SIAS v. ZENITH INSURANCE COMPANY; from El Paso County; 8th district (08-99-00072-CV, RULE 47.7, 01-06-00)

00-0151 MICHAEL J. YUCHNITZ d/b/a MY ECONO OPTICAL, d/b/a MY ECONO $39.95 OPTICAL v. PCA HEALTH PLAN OF TEXAS, INC. and BLOCK VISION OF TEXAS, INC.; from Travis County; 3rd district (03-99-00130-CV, RULE 47.7, 01-06-00)

00-0167 DEAN GOOCH, JAMIE GOOCH, KATHY GOOCH, EDELLE NEWTON IRWIN, individually and as executor of the ESTATE OF MARY JEANETTE COOPER IRWIN, deceased v. HUDSON BUICK, PONTIAC, GMC TRUCK COMPANY; from Rusk County; 12th district (12-98-00127-CV, 7 SW3D 191, 09-30-99)

00-0290 HUBERT EARL TEAGUE, JR. v. HOLIDAY INN EXPRESS; and MARK PAVLICEK, general manager of HOLIDAY INN EXPRESS; from Travis County; 3rd district (03-99-00847-CV, RULE 47.7, 02-03-00)

motion to stay proceedings overruled

THE FOLLOWING PETITION FOR REVIEW IS DISMISSED

FOR WANT OF JURISDICTION:

00-0112 DAVID HENKE, individually and d/b/a BRESLAU CATTLE COMPANY v. PEOPLES STATE BANK OF HALLETTSVILLE, TEXAS; from Lavaca County; 13th district (13-99-00274-CV, 6 SW3D 717, 11-10-99)

THE FOLLOWING MOTIONS FOR REHEARING OF PETITIONS FOR REVIEW

ARE OVERRULED:

99-1099 DAVID CANNON, JOHN CANNON, DELANORE LEE CANNON and ROSE ANN HOPPER CANNON v. TEXAS INDEPENDENT BANK; from Collin County; 6th district (06-98-00175-CV, 1 SW3D 218, 08-05-99)

(Justice O'Neill not sitting)

99-1164 CARL MCCORKLE d/b/a HARVEST CO. and d/b/a HARVEST TREE CO. v. ROMAN FOREST PUBLIC UTILITY DISTRICT NO. 3 and ROMAN FOREST PUBLIC UTILITY DISTRICT NO. 4; from Montgomery County; 9th district (09-98-00014-CV, 999 SW2D 931, 10-07-99)

99-1208 CHARLES B. HUMPHREY, HUMPHREY OIL CORPORATION, and HUMPHREY OIL INTERESTS, L.P. v. MESA OPERATING LIMITED PARTNERSHIP, MESA, INC., NGC ENERGY, INC., and NGC ENERGY RESOURCES LIMITED PARTNERSHIP; from Dallas County; 5th district (05-97-00827-CV, RULE 47.7, 08-27-99)

99-1260 ALBERTO J. LEVARIO v. STATE BAR OF TEXAS; from Bexar County; 4th district (04-98-00897-CV, RULE 47.7, 10-27-99)

MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

00-0304 IN RE AL UNSINN d/b/a AL UNSINN CUSTOM BUILDERS

motion for emergency relief overruled

(Order delivered March 31, 2000)

00-0319 IN RE UNIVERSAL IMAGE, INC., d/b/a CHALKBOARDTALK.COM

motion for emergency stay of proceedings overruled

(Order delivered March 31, 2000)

THE MOTION FOR RETURN OF VOLUME OF THE RECORD IS DISMISSED

AS MOOT IN THE FOLLOWING CASE:

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

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS STRUCK

PURSUANT TO RULE 9.4(i), TEXAS RULES OF APPELLATE PROCEDURE:

00-0273 IN RE JILL MAURER

With the following notation: " The petition for writ of mandamus exceeds the page limits set forth in TEX. R. APP. P. 52.6 and its typeface does not comply with TEX. R. APP. P. 9.4(e). Relator is ordered to redraw; the redrawn petition is due no later than 5:00 p.m. April 20, 2000. See TEX. R. APP. P. 9.4(i)."

THE MOTION TO STRIKE REAL PARTY IN INTEREST'S PETITION FOR

REVIEW IS DISMISSED AS MOOT IN THE FOLLOWING CASE:

00-0145 IN RE LOIS OLDS

THE MOTION FOR DAMAGES PURSUANT TO RULE 62, TEXAS RULES OF

APPELLATE PROCEDURE, IS OVERRULED IN THE FOLLOWING CASE:

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)

THE MOTION FOR TEMPORARY RELIEF IS GRANTED IN THE

FOLLOWING CASE:

00-0298 IN RE THE BURLINGTON NORTHERN and SANTA FE RAILWAY COMPANY

motion for stay of county court's order of October 25, 1999 granted

real party in interest's motion for contempt and motion to deny relator's temporary relief overruled

[The petition for writ of mandamus remains pending before this Court]

(Order delivered April 5, 2000)