THE SUPREME COURT OF TEXAS





Orders Pronounced April 27, 2000



ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

00-0165 KEVIN MANGUM v. BAYTANK (HOUSTON) INC.; from Harris County; 1st district (01-99-00090-CV, RULE 47.7, 12-09-99)

00-0166 SCOTTSDALE INSURANCE COMPANY, NATIONAL CASUALTY COMPANY, DAVE WASKEL, and STANLEY BOWMAN v. GUARANTY NATIONAL COMPANIES, LANDMARK AMERICAN INSURANCE COMPANY, and RUSSELL GRACE, INC.; from Dallas County; 5th district (05-96-00561-CV, RULE 47.7, 11-15-99)

00-0168 DR. JOHN P. JOHNSTON and JOHN P. JOHNSTON, INC. v. MCKINNEY AMERICAN, INC.; from Harris County; 14th district (14-97-01207-CV, 9 SW3d 271, 11-10-99)

00-0169 DONALD M. WHITE v. RAMPART CAPITAL CORPORATION; from Harris County; 14th district (14-98-00816-CV, RULE 47.7, 01-06-00)

00-0170 TIMOTHY W. MORROW v. SAM MOORE, ET AL.; from Taylor County; 11th district (11-99-00114-CV, RULE 47.7, 01-13-00)

00-0175 RICKY RAINS v. SENTRY INSURANCE; from Angelina County; 11th district (11-98-00229-CV, RULE 47.7, 12-16-99)





ORDERS ON MOTIONS

THE FOLLOWING MOTIONS FOR REHEARING OF PETITIONS FOR REVIEW

ARE OVERRULED:



99-0246 E. I. DUPONT DE NEMOURS & COMPANY v. ROBERT L. ABERNATHY, ET AL.; from Orange County; 9th district (09-98-00061-CV, 986 SW2d 82, 02-18-99)



Justice Hecht notes his dissent



99-0600 ADMIRAL INSURANCE COMPANY v. TRIDENT NGL, INC.; from Harris County; 1st district (01-97-00468-CV, 988 SW2d 451, 03-25-99)



Justice Hecht notes his dissent

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)



00-0028 KEELING ENTERPRISES d/b/a VINE TERRACE APARTMENTS, VINE TERRACE APARTMENTS, and JIM KEELING v. WILMA EARL CAIN and WANDA CAIN, individually and on behalf of the ESTATE OF KEITHAN EARL CAIN and ALYSIA MADLOCK as next friend for KIARA CAIN and JAYLON CAIN; from Smith County; 12th district (12-98-00321-CV, RULE 47.7, 10-28-99)



MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:



00-0365 IN RE AMPACE FREIGHTLINES, INC.

unopposed motion for emergency relief overruled



00-0398 IN RE ROBERT J. REAGAN

motion for temporary relief overruled



(Order delivered April 25, 2000)



00-0406 IN RE DAVID BAILEY, administrator of the ESTATE of BRENDA SUE EMMERT, deceased, and JIM EMMERT, personal representative of the ESTATE of PATRICK J. EMMERT, deceased

emergency motion for temporary relief overruled



(Order delivered April 21, 2000)





THE FOLLOWING EMERGENCY MOTION FOR STAY IS GRANTED:



00-0273 IN RE JILL MAURER

stay order issued

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



(Order delivered April 25, 2000)



THE FOLLOWING MOTION FOR EMERGENCY STAY IS OVERRULED:

00-0402 IN RE PERRY HOMES, INC. and PERRY HOMES, a Joint Venture



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



(Order delivered April 24, 2000)

















THE STAY ORDER ISSUED IN THE FOLLOWING CASE IS LIFTED:

00-0218 IN RE LAVERNIA NURSING FACILITY, INC. d/b/a COUNTRY CARE MANOR

stay order of March 23, 2000, lifted



[NOTE: The petition for writ of mandamus was denied on April 20, 2000]



(Order delivered April 24, 2000)





THE FOLLOWING MOTION TO DISMISS APPEAL IS DISMISSED AS MOOT:



00-0259 WAL-MART STORES, INC., ET AL. v. HILARIA HOLGUIN; from Tyler County; 9th district (09-99-0088-CV, RULE 47.7, 01-13-00)





THE FOLLOWING APPEALS ARE ABATED PURSUANT TO BANKRUPTCY:



98-1128 JOE ANN PUSTEJOVSKY, individually and as personal representative of the HEIRS and ESTATE OF HENRY J. PUSTEJOVSKY, JR. v. PITTSBURGH CORNING CORPORATION, ET AL.; from Bexar County; 4th district (04-97-00768-CV, 980 SW2d 828, 09-30-98)



The Court abates the appeal because of the bankruptcy filing of respondent Pittsburgh Corning Corporation. The petition for review is removed from the Court's active docket; it will be reinstated only upon proper motion. See Tex. R. App. P. 8.2, 8.3.



[NOTE: Petitioner's motion to sever remains pending before this Court]



(Justice Hankinson not sitting)



(Order delivered April 25, 2000)







99-0914 PITTSBURGH CORNING CORPORATION v. CECILE J. WALTERS, individually and as personal representative of the heirs and ESTATE OF DOUGLAS F. WALTERS; from Nueces County; 13th district (13-97-00753-CV, 1 SW3d 759, 08-05-99)

The Court abates the appeal because of the bankruptcy filing of petitioner Pittsburgh Corning Corporation. The petition for review is removed from the Court's active docket; it will be reinstated only upon proper motion. See Tex. R. App. P. 8.2, 8.3.



(Order delivered April 25, 2000)





99-1179 PITTSBURGH CORNING CORPORATION v. BENNIE WRENCH, ET AL.; from Orange County; 6th district (06-99-00061-CV, RULE 47.7, 06-03-99)



The Court abates the appeal because of the bankruptcy filing of petitioner Pittsburgh Corning Corporation. The petition for review is removed from the Court's active docket; it will be reinstated only upon proper motion. See Tex. R. App. P. 8.2, 8.3.



(Order delivered April 25, 2000)