THE SUPREME COURT OF TEXAS



Orders Pronounced May 11, 2000

ORDERS ON CAUSES

 

98-0154 SOUTHWESTERN REFINING COMPANY, INC., KERR-MCGEE CORPORATION, and SHERWOOD BREAUX v. JULIA BERNAL, ET AL.; from Nueces County; 13th district (13-97-00218-CV, 960 SW2d 293, 12-11-97)

The Court reverses the court of appeals' judgment and remands the cause to the trial court.

Opinion by Justice Gonzales, joined by Justice Hecht,

Justice Owen, Justice Baker, Justice Abbott,

and Justice O'Neill


Concurring opinion by Justice Baker, joined by Justice Hecht


Dissenting opinion by Justice Enoch, joined

by Chief Justice Phillips, and Justice Hankinson


98-0539 FORD MOTOR COMPANY, LEIF JOHNSON FORD, INC. and FRED CAPDEVIELLE v. BARRY SHELDON, MATTHEW RUETER, MARGARET DUNAYER, JOHN PORTER, WILLIAM DOBBS, JAMES BEASLEY, and B. J. SANDERS, individually and on behalf of all others similarly situated; from Travis County; 3rd district (03-97-00074-CV, 965 SW2d 65, 03-12-98)

The Court reverses the court of appeals' judgment and remands the cause to the trial court to decertify the class. The Court's action is without prejudice to a further attempt by Respondents to seek certification of a class consistent with the majority opinion.

Opinion by Chief Justice Phillips, joined by Justice Hecht,

Justice Enoch, Justice Owen, Justice Abbott,

Justice Hankinson, Justice O'Neill, and Justice Gonzales


Dissenting opinion by Justice Baker




98-0753 WACO INDEPENDENT SCHOOL DISTRICT v. LESTER and COQUE GIBSON, REV. JOE N. BLANFORD, A'DRANA GOODEN, and CLARA COBB; from McLennan County; 10th district (10-98-00136-CV, 971 SW2d 199, 07-24-98)

The Court vacates the court of appeals' judgment and affirms the judgment of the trial court, dismissing for want of jurisdiction all claims but the claim for an Open Meetings Act violation.

Opinion by Justice Enoch, joined by

Justice Baker, Justice Abbott, Justice Hankinson,

Justice O'Neill, and Justice Gonzales


Dissenting opinion by Justice Hecht, joined by

Chief Justice Phillips, and Justice Owen





98-1012 THE KROGER CO. v. SONJA KENG; from Harris County; 12th district (12-97-00267-CV, 976 SW2d 882, 08-31-98)

The Court affirms the court of appeals' judgment.

Opinion of the Court by Justice Hankinson


98-1138 FORT WORTH INDEPENDENT SCHOOL DISTRICT v. CITY OF FORT WORTH, TEXAS, and SOUTHWESTERN BELL TELEPHONE COMPANY; from Tarrant County; 2nd district (02-97-00302-CV, RULE 47.7, 08-20-98)

The Court affirms in part and reverses in part the court of appeals' judgment, and remands the cause to the trial court.

Opinion of the Court by Justice Hecht

(Justice Hankinson not sitting)



ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

98-1135 BROOKSHIRE BROTHERS, INC. v. TALBERT WAGNON; from Panola County; 12th district (12-97-00179-CV, 979 SW2d 343, 08-26-98)

99-0131 KING TOOL COMPANY v. MICHAEL LOREN GLEZEN; from Gregg County; 12th district (12-97-00431-CV, RULE 47.7, 12-31-98)

99-0877 NATIONAL CONVENIENCE STORES, INC., ET AL. v. IDA TAMEZ, individually and as next friend of B. D. T., minor, G. P. MATHERNE as administrator of THE ESTATE of RAMON TAMEZ, MARGARET BOHANNON, and R. L. BOHANNON, individually and as representatives of THE ESTATE of CHERYL MCCARTY, ET AL.; from Harris County; 14th district (14-96-01484-CV, 999 SW2d 12, 12-17-98)

2 petitions

99-0920 DONALD E. BROWN v. DIANA BROWN GONZALEZ; from Howard County; 11th district (11-98-00167-CV, 994 SW2d 229, 04-28-99)

99-1045 BROOKSHIRE BROTHERS, INC. v. CARL DEAN LEWIS; from Montgomery County; 9th district (09-97-00295-CV, 997 SW2d 908, 08-26-99)

99-1180 TIMMERS CHEVROLET, INC. v. RICHARD MORGAN, DONNA MORGAN and SAMANTHA MORGAN; from Harris County; 1st district (01-97-01325-CV, 1 SW3d 803, 08-26-99)

Justice Hecht notes his dissent

00-0123 JO ANN REESE v. AMERICAN NATIONAL INSURANCE COMPANY; from Dallas County; 5th district (05-98-00240-CV, RULE 47.7, 12-09-99)

00-0158 ALICE GILLIAM, individually and on behalf of THE ESTATE of JAMES N. GILLIAM, deceased, BOB GILLIAM, JIM GILLIAM, ED GILLIAM, MARY SOSBE, LEE GILLIAM, BILLY JO GILLIAM, SHEILA KORTES, DAVE GILLIAM, WANDA MILLS, DONALD GILLIAM, and DEBORAH GILLIAM v. ALAN C. LESHNOWER; from Ector County; 8th district (08-98-00353-CV, RULE 47.7, 08-20-99)

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)

2 petitions

(Corrected order delivered May 4, 2000)


00-0178 PATRICK LACOME and SENIOR RESOURCES, INC. v. SAN ANTONIO EXPRESS NEWS, BILL HENDRICKS, BONNIE PFISTER, RICK CASEY, PATRICK KONSTAM, KTSA RADIO, RICCI WARE, TREY WARE, and WATERMAN BROADCASTING CORP. OF TEXAS, INC.; from Bexar County; 4th district (04-99-00426-CV, RULE 47.7, 01-26-00)

as corrected

00-0185 FEDERICO HAGELSIEB v. BILLY BAKER; from El Paso County; 8th district (08-99-00291-CV, RULE 47.7, 01-13-00)

00-0210 LETICIA RODRIGUEZ and NAPOLEON RODRIGUEZ, individually and as next friend of C. R., a minor, and L. P. R., a minor v. UNITED VAN LINES, INC. d/b/a UNITED VAN LINES; from Bexar County; 4th district (04-98-01046-CV, ___ SW3d ___, 01-19-00)

00-0212 R. V., JR. v. THE STATE OF TEXAS; from Tarrant County; 2nd district (02-98-00385-CV, 8 SW3d 692, 12-02-99)

00-0215 GAYNELL P. MATHERNE, SR. v. ANNIE MAE CARRE and ANNETTE LEGER MATHERNE; from Jefferson County; 9th district (09-98-00039-CV, 7 SW3d 903, 12-30-99)

00-0217 ENRIQUE L. GUILLEN, individually, ENRIQUE L. GUILLEN as personal representative of THE ESTATE of ESPERANZA P. GUILLEN, VALERIA E. GUILLEN, and ENRIQUE GUILLEN, II v. CITY OF SAN ANTONIO, ANTHONY CARROLA, and RICHARD GONZALES; from Bexar County; 4th district (04-99-00077-CV, ___ SW3d ___, 01-26-00)

00-0222 ESTATE of CHARLES F. SNIDER, deceased; from Bexar County; 4th district (04-98-00771-CV, RULE 47.7, 01-19-00)

2 petitions

00-0235 AMERICAN PAGING OF TEXAS, INC. v. EL PASO PAGING, INC.; from El Paso County; 8th district (08-98-00263-CV, 9 SW3d 237, 10-28-99)

00-0236 LUMBERMENS MUTUAL CASUALTY COMPANY v. DORMAN D. PERKINS; from Jefferson County; 9th district (09-98-00131-CV, RULE 47.7, 01-27-00)

00-0258 DOMINICK A. FRANCONE v. MICHAEL ROYTBERG; from Dallas County; 5th district (05-99-00016-CV, RULE 47.7, 11-16-99)

00-0265 RALPH BOYD WELSH v. TEXACO GRAND PRIX OF HOUSTON, TEXACO, INC., and CITY OF HOUSTON; from Harris County; 1st district (01-99-00981-CV, RULE 47.7, 12-16-99)

00-0301 RICARDO CORTEZ v. TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES; from Hidalgo County; 13th district (13-99-00363-CV, RULE 47.7, 02-10-00)

00-0305 STEPHEN L. SOLOMON AND VICTORIA SOLOMON v. RALPH COLE "RED DOG" JONES, JOHN E. AGNEW, JOE HILL JONES, BEN C. MARTIN, SARAH CARTER MAYES, ET AL.; from Dallas County; 5th district (05-97-00225-CV, RULE 47.7, 02-08-00)

(Justice Hankinson not sitting)



00-0309 BETTY LOU MAYES v. LOUELLA STEWART; from Harris County; 14th district (14-98-00579-CV, 11 SW3d 440, 01-27-00)

00-0314 V. T. individually and as next friend of S. M. T. v. TERRELL STATE HOSPITAL; from Kaufman County; 5th district (05-97-01661-CV, RULE 47.7, 02-16-00)

ORDERS ON MOTIONS

THE FOLLOWING MOTIONS FOR REHEARING OF PETITIONS FOR REVIEW

ARE 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)

99-0967 JOSE DE LOS SANTOS, ET AL. v. COASTAL OIL & GAS CORPORATION, TESORO E&P COMPANY, L.P., and KCS RESOURCES, INC.; from Dallas County; 5th district (05-97-00029-CV, RULE 47.7, 08-17-99)

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)

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)

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



THE FOLLOWING MOTION FOR REHEARING OF AN AFFIRMATION OF A

DECISION OF THE BOARD OF DISCIPLINARY APPEALS IS OVERRULED:


99-0867 IN THE MATTER OF ALTO V. WATSON, III (BODA# 17112)

motion to remand to BODA for development of a record concerning the disqualification of a BODA panel member overruled

MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

99-0763 IN RE GAYLORD BROADCASTING COMPANY

Dissenting opinion by Justice Hecht, joined by Justice Owen

99-1265 IN RE TURNER BROTHERS TRUCKING COMPANY, INC.

motion for temporary relief dismissed as moot

00-0025 IN RE VOLKSWAGEN OF AMERICA, INC.

as redrafted

motion for temporary relief dismissed as moot

Dissenting opinion by Justice Hecht, joined by Justice Owen

00-0145 IN RE LOIS OLDS

as substituted

00-0254 IN RE DONALD E. SABLE and SABLE DEVELOPMENT CORPORATION

as redrafted

motion for immediate temporary relief overruled

(Order delivered May 8, 2000)


00-0345 IN RE HONORABLE JERRY WOODWARD

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

00-0443 IN RE OUTBACK STEAKHOUSE OF DALLAS-I, LTD., BLAISE HADLEY, OUTBACK STEAKHOUSE OF FLORIDA, INC., OUTBACK STEAKHOUSE, INC. and SHLEMON, INC.

motion for emergency stay overruled









THE EMERGENCY MOTION FOR STAY IS GRANTED IN THE

FOLLOWING CASE:

00-0453 IN RE THE CITY OF GEORGETOWN and GEORGE RUSSELL, in his official capacity as Acting City Manager and Officer for Public Information

stay order issued

response requested by 5:00 p.m. May 22, 2000

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

(Order delivered May 8, 2000)