THE SUPREME COURT OF TEXAS


Orders Pronounced May 4, 2000

 

ORDERS ON CAUSES

 

 

98-1018 DEAN HUCKABEE v. TIME WARNER ENTERTAINMENT COMPANY, L.P.; from Harris County; 14th district (14-96-01528-CV, 995 SW2d 152, 08-27-98)

The Court affirms the court of appeals' judgment.

 

Opinion by Chief Justice Phillips, joined by Justice Enoch,

Justice Baker, Justice Abbott, Justice Hankinson,

Justice O'Neill, and Justice Gonzales

Dissenting opinion by Justice Hecht


(Justice Owen not sitting)

ORDERS ON CASES GRANTED

THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:

99-1100 RAY E. GILBERT, JR., MARIO MELGAR, RICHARD MONTEZ, and BILL NEWKIRK v. EL PASO COUNTY HOSPITAL DISTRICT, COUNTY OF EL PASO, and CHARLES W. "CHUCK" MATTOX, CHARLES HOOTEN, CARLOS AGUILAR, DANIEL HAGGERTY, and MIGUEL TERAN, as the governing board of EL PASO COUNTY HOSPITAL DISTRICT; from El Paso County; 8th district (08-98-00281-CV, 4 SW3d 66, 09-16-99)

99-1117 SAN ANTONIO AREA FOUNDATION v. SYLVAN STEPHEN LANG and JEANNE LANG MATHEWS; from Bexar County; 4th district (04-98-00963-CV, 5 SW3d 738, 08-25-99)

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE

SET FOR ORAL ARGUMENT:

99-1268 IN RE TERRY A. CANALES

- consolidated with -

99-1307 IN RE THE COUNTY OF JIM WELLS

ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:



99-0939 MID-CENTURY INSURANCE COMPANY OF TEXAS v. VIVIAN ELAINE LINDENBURG; from Ector County; 8th district (08-98-00046-CV, RULE 47.7, 08-11-99)

99-1304 KENNETH D. FORD v. LINDA S. KNIGHT-BILBY, ET AL.; from Polk County; 9th district (09-99-00225-CV, RULE 47.7, 10-07-99)

00-0062 STEPHEN C. KUHNS v. DONALD F. CARNES, trustee of THE FRANCES P. KUHNS TRUST; from Travis County; 3rd district (03-97-00721-CV, RULE 47.7, 09-10-99)

motion to dismiss dismissed as moot

motion to consolidate decision in case numbers

00-0062, 00-0063, and 00-0064 dismissed as moot

00-0063 STEPHEN C. KUHNS v. BANK ONE TEXAS, N.A., trustee; DONALD F. CARNES, P.C., F. DUANE FORCE, CALAME, LINBARGER, GRAHAM & PENA, L.L.P., and RAYMOND R. GRAY; from Hays County; 3rd district (03-98-00177-CV, RULE 47.7, 09-10-99)

00-0088 VELMA MANNING v. ALCATEL NETWORK SYSTEMS, INC.; from Dallas County; 5th district (05-97-01933-CV, RULE 47.7, 12-14-99)

00-0093 LYONDELL PETROCHEMICAL COMPANY v. JOHN KIRKLAND; from Harris County; 1st district (01-98-01128-CV, RULE 47.7, 12-16-99)



00-0101 JAVIER and JULIA GUZMAN, individually and as next friends of J. G., a minor v. SYNTHES (U.S.A.); from Zavala County; 4th district (04-98-00744-CV, RULE 47.7, 12-01-99)

00-0113 TIMOTHY AGUILAR v. ANTONIO ALVARADO, ET AL.; from Harris County; 10th district (10-98-00142-CV, ___ SW3d ___, 12-01-99)

00-0117 ELTON HYDER, ET AL. v. ADVENT TRUST CO., ET AL.; from Harris County; 4th district (04-98-00315-CV, 12 SW3d 534, 11-30-99)

00-0162 JAMES J. BYRNE v. HARRIS ADACOM NETWORK SERVICES, INC. and HARRIS CORPORATION; from Dallas County; 6th district (06-98-00162-CV, 11 SW3d 244, 12-16-99)

00-0183 E. J. TURNER AND COMPANY, INC. d/b/a E. J. TURNER AND COMPANY v. SHERMAN NED; from Harris County; 1st district (01-99-00254-CV, 11 SW3d 407, 01-13-00)

00-0190 SAMUEL R. ACOSTA v. NATIONWIDE INSURANCE CO., INC.; from Tarrant County; 2nd district (02-99-00308-CV, RULE 47.7, 01-27-00)

00-0203 NORMAN H. BEVAN & SHERYLL H. BEVAN v. GENERAL ELECTRIC CREDIT EQUITIES CORPORATION, GENERAL ELECTRIC CAPITAL CORPORATION, and PAUL BICE; from Harris County; 14th district (14-98-00233-CV, RULE 47.7, 11-18-99)

00-0204 RUBEN PORRAS v. EXCEL CORPORATION; from Cameron County; 13th district (13-98-00659-CV, RULE 47.7, 10-30-98)

00-0271 D. G. BROTHER, INC., DAVID E. GILBERT, and DOUGLAS J. GILBERT v. PIZZA INN, INC., and THE PIZZA INN ADVERTISING PLAN; from Dallas County; 6th district (06-98-00151-CV, RULE 47.7, 01-12-00)

00-0307 EUGENE J. LANZI v. MARY JANE FORBES; from Comal County; 3rd district (03-98-00534-CV, 9 SW3d 895, 01-06-2000)

THE FOLLOWING PETITIONS FOR REVIEW ARE DISMISSED

FOR WANT OF JURISDICTION:

00-0064 STEPHEN C. KUHNS v. DONALD F. CARNES, trustee of the FRANCES P. KUHNS TRUST; from Hays County; 3rd district (03-98-00247-CV, RULE 47.7, 09-10-99)

motion to dismiss dismissed as moot

00-0130 LEO THORNLEY v. ROY EASLEY; from Rusk County; 12th district (12-99-00073-CV, RULE 47.7, 12-29-99)

99-0896 TEXAS ALCOHOLIC BEVERAGE COMMISSION v. AMUSEMENT AND MUSIC OPERATORS OF TEXAS, INC.; from Travis County; 3rd district (03-98-00579-CV, 997 SW2d 651, 05-06-99)

(Justice Gonzales not sitting)

ORDERS ON MOTIONS

THE FOLLOWING MOTIONS FOR REHEARING OF CAUSES ARE OVERRULED:

98-0888 CMH HOMES, INC. and CMH HOMES, INC. d/b/a LUV HOMES v. KIRK DAENEN; from Montgomery County; 9th district (09-97-00055-CV, 971 SW2d 184, 07-09-98)

98-1046 NATIONAL LIABILITY AND FIRE INSURANCE COMPANY v. DONALD ALLEN; from Angelina County; 9th district (09-97-00019-CV, 972 SW2d 215, 04-30-98)

The Court's majority and dissenting opinions of February 3, 2000 are withdrawn and the opinions issued today are substituted.

Opinion of the Court by Justice Baker, joined by

Chief Justice Phillips, Justice Enoch,

Justice Abbott, Justice Hankinson,

Justice O'Neill, and Justice Gonzales


Dissenting opinion by Justice Owen, joined by Justice Hecht

THE FOLLOWING MOTIONS FOR REHEARING OF PETITIONS FOR REVIEW

ARE OVERRULED:

99-0853 NATIONAL ASSOCIATION OF INDEPENDENT INSURERS, ALLIANCE OF AMERICAN INSURERS, UNITED SERVICES AUTOMOBILE ASSOCIATION, USAA CASUALTY INSURANCE COMPANY, USAA COUNTY MUTUAL INSURANCE COMPANY, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, STATE FARM FIRE AND CASUALTY COMPANY, STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS, TEXAS FARMERS INSURANCE COMPANY, MID-CENTURY INSURANCE COMPANY OF TEXAS, FARMERS TEXAS COUNTY MUTUAL INSURANCE COMPANY, OHIO CASUALTY INSURANCE COMPANY, WESTERN AMERICAN INSURANCE COMPANY, AMERICAN FIRE AND CASUALTY COMPANY, OHIO SECURITY INSURANCE COMPANY v. DAN MORALES, ATTORNEY GENERAL OF TEXAS and ELTON BOMER, COMMISSIONER, TEXAS DEPARTMENT OF INSURANCE, and DAVID "BIRNY" BIRNBAUM; from Travis County; 3rd district (03-98-00208-CV, 994 SW2d 766, 05-20-99)

99-1059 HERBERT HINES v. ROBERT TREON; from Polk County; 6th district (06-99-00079-CV, RULE 47.7, 09-21-99)

motion for judgment by default overruled

99-1142 SHEILA SPENCER RUSK v. BYRON WALTER RUSK; from Harris County; 14th district (14-97-00983-CV, 5 SW3d 299, 09-30-99)

99-1297 ETHEL DOMEL and NORMAN DOMEL v. CITY OF GEORGETOWN, TEXAS; from Williamson County; 3rd district (03-98-00544-CV, 6 SW3d 349, 11-12-99)

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, 9 SW3d 436, 12-16-99)


MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:



00-0155 IN RE CARDIAC PACEMAKERS, INC.

00-0426 IN RE JEFF and EVELYN COLE

THE FOLLOWING MOTION FOR LEAVE TO FILE A PETITION FOR REVIEW

IN EXCESS OF PAGE LIMITS SET FORTH IN RULE 53.6, TEXAS RULES

OF APPELLATE PROCEDURE, IS OVERRULED:

00-0390 PAUL M. DUTHU, LEE ROY DUTHU, REX DUTHU, HERMAN DUTHU, RUBY M. DUTHU v. RUBEN R. PENA, independent executor of the ESTATE of REX L. MCGARR; from Cameron County; 13th district (13-98-00523-CV, 10 SW3d 373, 12-16-99)

With the following notation: "Petitioner's motion for leave to exceed page limits is overruled. Petitioner is ordered to redraw the received petition in accordance with Tex. R. App. P. 53.6; the redrawn petition is due to be filed no later than May 8, 2000. See Tex. R. App. P. 9.4(i)."

THE MOTION TO PUBLISH THE OPINION OF THE COURT OF APPEALS IN

THE FOLLOWING CASE IS CONSOLIDATED AND REDOCKETED

IN CASE NUMBER 00-0237:

00-0374 CAP AIR FREIGHT d/b/a CAP LOGISTICS ("CAP") v. FIFTH COURT OF APPEALS; from Dallas County; 5th district (05-99-00347-CV, RULE 47.3, 12-15-99)





THE UNOPPOSED MOTION TO VOLUNTARILY DISMISS THE PETITION FOR

REVIEW IS DISMISSED AS MOOT IN THE FOLLOWING CASE:

00-0346 HARRIS COUNTY, TEXAS & LILLIE GIBSON v. GREGG FRANKLIN CARR; from Harris County; 1st district (01-99-00654-CV, ___ SW3d ___, 12-23-99)

THE PETITION FOR WRIT OF MANDAMUS IS DISMISSED IN

THE FOLLOWING CASE:

00-0387 IN RE MARISA CHRISTI CHONG

motion to dismiss granted

THE PETITION FOR WRITS OF MANDAMUS AND PROHIBITION

IS WITHDRAWN IN THE FOLLOWING CASE:

00-0389 IN RE ICG TELECOM CANADA, INC., ICG TELECOM GROUP, INC., ICG COMMUNICATIONS, INC., ZYCOM CORPORATION (CANADA) ZYCOM CORPORATION (TEXAS), and ZYCOM NETWORK SERVICES, INC.

motion to withdraw granted

motion for expedited consideration of petition for writs of mandamus and prohibition dismissed as moot

motion to strike relator's reply in support to petition for writs of mandamus and prohibition dismissed as moot

THE COURT OF APPEALS' OPINIONS ARE ORDERED PUBLISHED PURSUANT

TO TEXAS RULES OF APPELLATE PROCEDURE, 47.3(d), IN THE

FOLLOWING CAUSES:

98-1243 IN RE ALCATEL USA, INC., f/k/a DSC COMMUNICATIONS CORPORATION





99-0443 THE UNIVERSITY OF TEXAS SOUTHWESTERN MEDICAL CENTER OF DALLAS, PATRICIA K. WINCHESTER, NANCY C. FAIN, and KERN WILDENTHAL, M.D. in his official capacity as PRESIDENT OF THE UNIVERSITY OF TEXAS SOUTHWESTERN MEDICAL CENTER AT DALLAS v. INESSA MARGULIS; from Dallas County; 5th district (05-98-01698-CV, RULE 47.7, 03-31-99)

THE STAY ORDERS ISSUED IN THE FOLLOWING CASES ARE LIFTED:

99-1136 IN RE KEVIN BURKE

stay order of November 23, 1999, lifted

[NOTE: The petition for writ of mandamus was denied January 6, 2000. The motion for rehearing was overruled February 24, 2000.]

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

stay order of January 3, 2000, lifted

[NOTE: The petition for review was dismissed for want of jurisdiction March 23, 2000. The motion for rehearing remains pending before this Court.]

(Order delivered May 1, 2000)

00-0119 IN RE AMERICAN HOME PRODUCTS CORPORATION, WYETH-AYERST DIVISION OF AMERICAN HOME PRODUCTS CORPORATION, and AMERICAN HOME PRODUCTS CORPORATION as successor by merger to A. H. ROBINS COMPANY, INC.

stay order of February 16, 2000, lifted

[NOTE: The petition for writ of mandamus was withdrawn pursuant to settlement, on April 13, 2000]









THE AMENDED MOTION FOR REHEARING IS STRUCK IN THE

FOLLOWING CASE:


00-0011 LISA DZIEDZIC, ET AL. v. DR. NICHOLAS STEPHANOU, ET AL.; from Harris County; 14th district (14-97-00163-CV, RULE 47.7, 10-07-99)

The Court strikes the amended motion for rehearing with the following notation: "See Tex. Disciplinary R. Prof. Conduct preamble ¶ 4, reprinted in Tex. Gov't Code, tit. 2, subtit. G app. A (State Bar Rules art. X, section 9)." No further extensions of time will be considered.

motion for rehearing to order the opinion of the court of appeals to be published overruled

(Order delivered May 1, 2000)




THE FOLLOWING APPLICATION FOR WRIT OF ERROR, BEING TREATED

AS A PETITION FOR REVIEW, IS STRUCK PURSUANT TO RULE 9.4(i),

TEXAS RULES OF APPELLATE PROCEDURE:


00-0376 STANLEY ROSENTHAL, individually and as the executor of the ESTATE of BETTY ROSENTHAL v. THE CITY OF BAY CITY, TEXAS; from Matagorda County; 130th district (13-98-00274-CV, RULE 47.7, 02-24-00)

The Court strikes the application for writ of error (being treated as a petition for review), with the following notation: "The application does not comply with the method of review set forth in Tex. R. App. P. 53.1, and the contents of the brief fail to list the required identifying information, in violation of Tex. R. App. P. 53. Petitioner is ordered to redraw; the redrawn petition is due to be filed no later than 5:00 p.m. May 15, 2000. See Tex. R. App. P. 9.4(i), 9.5(e), 53.1, 53.2(d), 53.2(k)(1)(A), 53.2(k)(1)C, and 53.3(a)."

(Order delivered May 1, 2000)




ORDER OF THE COURT

THE FOLLOWING CAUSE IS SET FOR SUBMISSION ON WEDNESDAY,

SEPTEMBER 6, 2000, AT 9:00 A.M.:

99-1100 RAY E. GILBERT, JR., MARIO MELGAR, RICHARD MONTEZ and BILL NEWKIRK v. EL PASO COUNTY HOSPITAL DISTRICT, COUNTY OF EL PASO, and CHARLES W. "CHUCK" MATTOX, CHARLES HOOTEN, CARLOS AGUILAR, DANIEL HAGGERTY, and MIGUEL TERAN, as the governing board of EL PASO COUNTY HOSPITAL DISTRICT; from El Paso County; 8th district (08-98-00281-CV, 4 SW3d 66, 09-16-99)

Time allotted to argue: 20/20 minutes

THE FOLLOWING CAUSES ARE SET FOR SUBMISSION ON WEDNESDAY,

SEPTEMBER 13, 2000, AT 9:00 A.M.:

99-1117 SAN ANTONIO AREA FOUNDATION v. SYLVAN STEPHEN LANG and JEANNE LANG MATHEWS; from Bexar County; 4th district (04-98-00963-CV, 5 SW3d 738, 08-25-99)

Time allotted to argue: 20/20 minutes

99-1268 IN RE TERRY A. CANALES

- consolidated for oral argument with -

99-1307 IN RE THE COUNTY OF JIM WELLS

Time allotted to argue: 20/20 minutes