98-0034 KECK, MAHIN & CATE, GRANT COOK, and ROBERT A. PLESSALA v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, P.A. v. INSURANCE COMPANY OF NORTH AMERICA; from Harris County; 14th district (14-96-00049-CV, 955 SW2d 120, 10-16-97)

2 petitions

Keck, Mahin & Cate, Grant Cook, and Robert A. Plessala's petition as redrafted

The Court affirms the court of appeals' judgment.

98-1141 IN THE MATTER OF CAROL A. BIRDWELL (BODA# 14646)

The Court reverses the decision of the Board of Disciplinary Appeals and renders judgment.

00-0474 IN RE UNIVERSITY INTERSCHOLASTIC LEAGUE

Pursuant to Rule 52.8, Texas Rules of Appellate Procedure, without hearing oral argument, the Court conditionally grants the petition for writ of mandamus.

00-0517 KAGAN-EDELMAN ENTERPRISES v. JAMES C. BOND d/b/a SHAMROCK CONSTRUCTION COMPANY and GATEWAY LUMBER CO., INC.; from Harris County; 1st district (01-98-00128-CV, 985 SW2d 253, 01-22-99)

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 in part and renders judgment.

99-1118 THE CITY OF HARLINGEN, a municipal corporation v. THE ESTATE of DAVID J. SHARBONEAU, deceased, ET AL.; from Cameron County; 13th district (13-97-00874-CV, 1 SW3d 282, 03-17-99)

99-1192 ST. JOSEPH HOSPITAL v. STACY LYNN WOLFF and RAY WOLFF and SANDRA WOLFF, individually and as next friends of STACY LYNN WOLFF; from Travis County; 3rd district (03-97-00718-CV, 999 SW2d 579, 08-26-99)

99-0292 KAGAN-EDELMAN CAPITAL FUND SERIES VII LTD., LAWRENCE M. KAGAN, and DARRYL B. EDELMAN v. JAMES C. BOND d/b/a SHAMROCK CONSTRUCTION COMPANY and GATEWAY LUMBER CO., INC.; from Harris County; 1st district (01-98-00128-CV, 985 SW2d 253, 01-22-99)

99-0845 TEXAS WORKERS' COMPENSATION INSURANCE FACILITY c/o AON INSURANCE MANAGEMENT v. MARVIN DOUGLAS GREEN; from Travis County; 3rd district (03-98-00339-CV, 993 SW2d 839, 05-20-99)

99-1151 TEXAS A&M UNIVERSITY AT CORPUS CHRISTI, TEXAS v. DOTTIE HAMANN; from Nueces County; 13th district (13-99-00151-CV, 3 SW3d 215, 09-30-99)

99-1247 TOM UPCHURCH, JR., TOM UPCHURCH, JR. & ASSOCIATES, WAYNE B. BARFIELD, individually and d/b/a WAYNE BARFIELD, P.C. v. SAN JOSE and NATALIA ALBEAR, ET AL.; from Potter County; 7th district (07-98-00009-CV, 5 SW3d 274, 08-25-99)

00-0001 GLENN W. VICKERY v. COMMISSION FOR LAWYER DISCIPLINE; from Harris County; 14th district (14-97-00586-CV, 5 SW3d 241, 08-19-99)

00-0129 JOSEPH J. REY SR., ET AL. v. C.M.H. INVESTMENTS, INC.; from El Paso County; 8th district (08-98-00035-CV, RULE 47.7, 12-16-99)

as redrafted

00-0172 HOSPICE IN THE PINES and MICHAEL S. DEVORE v. BETH FENLEY, individually and as representative of THE ESTATE OF DECEDENT, deceased and MARLIN FENLEY; from Angelina County; 9th district (09-97-00496-CV, 4 SW3d 476, 11-18-99)

00-0180 ROBERT S. FRANK, individually and as the executor of THE ESTATE OF IDA L. FRANK and as trustee for THE JOE FRANK TRUST, THE NANCY A. FRANK 1975 TRUST, and THE DANIEL S. FRANK TRUST, NANCY A. FRANK, DANIEL S. FRANK, EDGAR E. HANCOCK as trustee for MAREK BROTHERS PROFIT SHARING PLAN, MAREK BROTHERS 401K PLAN, MBC FOUNDATION, THE EXECUTIVE GROUP, RALPH MAREK, PAUL A. MAREK, BRUCE MAREK, R. STAN MAREK, WILLIAM A. MAREK, SR., JOHN L. MAREK, MARTHA MAREK, BESSIE MAREK, FRANCES MAREK, REINNETTE MAREK, and KATHERINE MAREK, and CHARLES M. SCHWARZ, individually and a trustee of his IRA account v. BEAR, STEARNS & CO., INC., CS FIRST BOSTON CORPORATION, GOLDMAN, SACHS & CO., GREENWICH CAPITAL MARKETS, INC., KIDDER PEABODY & CO. INCORPORATED, NOMURA SECURITIES INTERNATIONAL, INC., PAINEWEBBER INCORPORATED, and SALOMON BROTHERS INC.; from Harris County; 14th district (14-98-01062-CV, 11 SW3d 380, 01-13-00)

00-0184 CITY OF SUNDOWN, TEXAS v. JAMES MITCHELL MOOREHEAD; from Hockley County; 7th district (07-98-00398-CV, RULE 47.7, 01-12-00)

00-0211 CITY OF SAN ANTONIO and MAYOR BILL THORNTON in his official capacity only v. KEVIN SCOTT; from Bexar County; 4th district (04-99-00025-CV, RULE 47.7, 12-22-99)

00-0221 WINFRED LAVER HARPER, independent executor v. DAN NELSON HARPER and RUTH CAMPBELL HARPER; from Tarrant County; 2nd district (02-98-00381-CV, 8 SW3d 782, 12-23-99)

2 petitions

00-0234 ESTATE OF TOMMIE LEE WILLIAMS, JR., AMBER NECOLE REAGAN, and TOMMIE LEE WILLIAMS, SR., individually and in his representative capacity, and DOROTHY WILLIAMS v. CITY OF LUFKIN and ANGELINA COUNTY; from Angelina County; 9th district (09-98-00478-CV, RULE 47.7, 01-27-00)

00-0237 STEVEN M. COOPER v. TEXAS WESLEYAN UNIVERSITY; from Dallas County; 5th district (05-99-00347-CV, RULE 47.7, 12-15-99)

motion to publish the opinion of the court of appeals overruled

00-0243 BRUCE ARLEDGE and DORIAN ARLEDGE v. HARRY MURRAY, MARY ELIZABETH MURRAY, ELLEN TERRY-LAS COLINAS, INC. d/b/a ELLEN TERRY REALTORS and BRIAN SMITH; from Dallas County; 5th district (05-97-01491-CV, RULE 47.7, 01-21-00)

00-0244 CONDOMINIUM CONSULTING and MAINTENANCE SERVICES, INC. d/b/a LA MIRAGE CONDOMINIUMS v. FRANCES WHALEN; from Nueces County; 13th district (13-98-00425-CV, 13 SW3d 444, 01-27-00)

00-0249 TED E. DAHL v. WAYNE L. HARTMAN, WALTER SEIBERT, STEPHEN W. HOWELLS, individually and as members of the petition committee, SPRING BRANCH ESTATES II CIVIC ASSOCIATION and DAN MORALES, ATTORNEY GENERAL OF THE STATE OF TEXAS; from Harris County; 14th district (14-99-00037-CV, ___ SW3d ___, 03-02-00)

00-0263 M. GREGORY DONALDSON and MELANIE P. DONALDSON v. VERNON A. WOLTER, JOYCE E. WOLTER and JOHN WORLDPEACE; from Harris County; 12th district (12-99-00094-CV, RULE 47.7, 12-30-99)

2 petitions

00-0264 TESTAMENTARY ACQUISITIONS, INC. v. RUTH AUSTIN, CECIL BAIN, J. KEN NUNLEY and DAVID STANUSH; from Gillespie County; 4th district (04-99-00003-CV, 12 SW3d 587, 01-26-00)

00-0267 CHARLES D. SMITH and wife, JANICE E. SMITH v. ALLSTATE INDEMNITY COMPANY; from Jasper County; 9th district (09-98-00119-CV, RULE 47.7, 01-27-00)

00-0270 CHURCHILL FORGE, INC. v. JOANN HAMILTON BROWN; from Travis County; 3rd district (03-99-00031-CV, RULE 47.7, 11-18-99)

00-0276 GARY BEDFORD AMBURN and wife BARBARA AMBURN, ET AL. v. THELMA COTTRELL and WOODY CARROLL; from Marion County; 6th district (06-98-00124-CV, RULE 47.7, 12-07-99)

00-0284 JANETTA BESS HARRISON, a/k/a BESS JANETTA HARRISON, a/k/a BESS H. TERRY, individually and as trustee of the KEEKACK TRUST, a/k/a

KEEKACK TRUST NO. ONE v. JIMMIE L. QUERNER JR., co-independent executor and beneficiary of THE ESTATE OF JIMMIE L. QUERNER, SR., deceased; from Bexar County; 4th district (04-98-00189-CV, RULE 47.7, 11-30-99)

00-0295 IN THE MATTER OF C. Y.; from Hood County; 2nd district (02-99-00100-CV, RULE 47.7, 01-13-00)

00-0313 MICHAEL WAYNE TERRY v. DEBORAH MARIE SPENCE; from Bexar County; 4th district (04-98-00754-CV, 12 SW3d 598, 01-26-00)

00-0336 MICHELLE FITZWATER v. ROBERT EDWARD BARNARD; from Lubbock County; 7th district (07-99-0154-CV, RULE 47.7, 01-03-00)

00-0344 MICHAEL SPUHLER and RHODA SPUHLER v. FERNANDO PORTILLO and COUNTRYWIDE HOME LOANS, INC.; from Harris County; 1st district (01-99-00874-CV, RULE 47.7, 02-03-00)

00-0368 KATHY SHORT and MICHAEL STAMPFER v. DALLAS COUNTY CHILD PROTECTIVE SERVICES; from Dallas County; 5th district (05-99-00079-CV, RULE 47.7, 02-23-00)

99-0292 KAGAN-EDELMAN ENTERPRISES, KAGAN-EDELMAN CAPITAL FUND SERIES VII LTD., LAWRENCE M. KAGAN, and DARRYL B. EDELMAN v. JAMES C. BOND d/b/a SHAMROCK CONSTRUCTION COMPANY and GATEWAY LUMBER CO., INC.; from Harris County; 1st district (01-98-00128-CV, 985 SW2d 253, 01-22-99)

The petition for review styled Kagan-Edelman Enterprises v. James C. Bond d/b/a Shamrock Construction Company and Gateway Lumber Co., Inc. is severed from case number 99-0292, assigned case number 00-0517, and is disposed of by per curiam opinion issued today.

The petition for review styled Kagan-Edelman Capital Fund Series VII Ltd., Lawrence M. Kagan, and Darryl B. Edelman v. James C. Bond d/b/a Shamrock Construction Company and Gateway Lumber Co., Inc. retains case number 99-0292 and is denied by order issued today.

00-0024 UNIVERSITY OF TEXAS MEDICAL BRANCH AT GALVESTON, WILLIAM MILESKI, M.D., and MARTHA SHELVER, R.N. v. STEPHANIE HOHMAN and LISA LIPPERT; from Galveston County; 1st district (01-98-01382-CV, 6 SW3d 767, 11-24-99)

99-0185 ALLSTATE INDEMNITY COMPANY v. RITA COLLIER; from Bosque County; 10th district (10-97-00289-CV, 983 SW2d 342, 12-23-98)

as redrafted and supplemented

joint motion to dismiss appeal granted

00-0187 GREENSPOINT PROPERTY OWNERS ASSOCIATION v. TESSIE PERRY; from Harris County; 1st district (01-98-00984-CV, RULE 47.7, 12-16-99)

joint motion to dismiss appeal granted

00-0012 WILLIAM J. STEPHENS and MARILYN STEPHENS v. JAMES R. HALE and SUSIE H. HALE; from Fannin County; 6th district (06-98-00101-CV, RULE 47.7, 12-21-99)

The Court strikes the petition for review with the following notation: "The petition violates Tex. R. App. P. 9.4(d), 9.4(g), 53.6 and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed no later than 5:00 p.m. June 8, 2000. See Tex. R. App. P. 9.4(d), 9.4(g), 9.4(i), and 53.6."

00-0369 JODELL STANSEL and THOMAS STANSEL v. DR. BAHJAT A. RAHMAN, M.D.; from Harris County; 1st district (01-99-00198-CV, RULE 47.7, 02-24-00)

The Court strikes the petition for review with the following notation: "The petition violates Tex. R. App. P. 53.2(d), 53.6 and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed no later than 5:00 p.m. June 8, 2000. See Tex. R. App. P. 9.4(i), 53.2(d), and 53.6."

98-0582 THE STATE OF TEXAS v. $217,590.00 IN UNITED STATES CURRENCY; from Bee County; 13th district (13-95-00354-CV, 970 SW2d 660, 10-16-97)

as corrected

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)

99-0750 IN THE MATTER OF G. M. S.; from Tarrant County; 2nd district (02-98-00368-CV, 991 SW2d 923, 04-29-99)

99-0790 THE CADLE COMPANY II, INC. v. CYRIL J. RABINOWITZ; from Dallas County; 5th district (05-97-00160-CV, 993 SW2d 796, 05-11-99)

99-1017 THE CITY OF GROVES, TEXAS, THE BOARD OF ADJUSTMENT OF THE CITY OF GROVES, TEXAS, and the building inspector of THE CITY OF GROVES, TEXAS v. STEVEN DENGLER and RUSSELL DENGLER; from Jefferson County; 9th district (09-98-00476-CV, 997 SW2d 418, 08-26-99)

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)

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)

00-0069 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)

00-0086 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)

00-0092 BARBARA ANN PLETCHER v. JOHN JOSEPH GOETZ; from Tarrant County; 2nd district (02-98-00179-CV, 9 SW3d 442, 12-16-99)

00-0354 IN RE CHERYL L. ASHWANDER and ROBERT ASHWANDER

00-0380 IN RE BAY, INC.

00-0483 IN RE MELLONY ARIAIL

motion for emergency stay overruled

00-0498 IN RE HYATT CORPORATION, ET AL., L. D. SYSTEMS, INC., and BLEISCH PRODUCTION SERVICES, INC.

motion for emergency stay overruled

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

With the following notation: "See Tex. R. App. P. 64.1, 64.5."

00-0373 CAP AIR FREIGHT d/b/a CAP LOGISTICS v. SEVENTH COURT OF APPEALS; from Potter County; 7th district (07-97-00212-CV, RULE 47.7, 12-23-98)

00-0495 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.

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

00-0499 IN RE MCALLEN MEDICAL CENTER, INC.

stay order issued

response requested by 5:00 p.m. June 1, 2000

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

00-0518 IN RE PAMELA G. DELAFIELD

The Court strikes the petition for writ of mandamus with the following notation: "The petition violates Tex. R. App. P. 9.4(g), 52.3, 52.6 and is struck. Relator is ordered to redraw; the redrawn petition is due to be filed no later than 5:00 p.m. June 8, 2000. See Tex. R. App. P. 9.4(i), and 52.3, and 52.6."

99-1002 BALLY TOTAL FITNESS CORPORATION, f/k/a HEALTH & TENNIS CORPORATION OF AMERICA, successor by merger to DALLAS HEALTH CLUBS, INC. d/b/a BALLY'S v. KEITH JACKSON, individually and on behalf of all others similarly situated, and FREDDY MACK; from Bexar County; 4th district (04-98-00834-CV, 2 SW3d 327, 05-12-99)

stay order issued

[NOTE: The petition for review remains pending before this Court.]

99-1118 THE CITY OF HARLINGEN, a municipal corporation v. THE ESTATE OF DAVID J. SHARBONEAU, deceased, ET AL.; from Cameron County; 13th district (13-97-00874-CV, 1 SW3d 282, 03-17-99)

99-1192 ST. JOSEPH HOSPITAL v. STACY LYNN WOLFF and RAY WOLFF and SANDRA WOLFF, individually and as next friends of STACY LYNN WOLFF; from Travis County; 3rd district (03-97-00718-CV, 999 SW2d 579, 08-26-99)