THE SUPREME COURT OF TEXAS



Orders Pronounced June 15, 2000

ORDERS ON CAUSES

 

98-0685 FM PROPERTIES OPERATING COMPANY, ET AL. v. THE CITY OF AUSTIN

7 notices of appeal

Mitchel Wong, Rose Wong and Rawhide Trail Ranch's notice of appeal, as corrected

The Court affirms the trial court's judgment.

Opinion by Justice Baker, joined by Chief Justice Phillips,

Justice Enoch, Justice Hankinson, Justice O'Neill,

and Justice Gonzales


Dissenting opinion by Justice Owen, joined by

Justice Hecht, and Justice Abbott


Dissenting opinion by Justice Abbott, joined by

Justice Hecht, and Justice Owen



98-1080 UNIVERSITY OF HOUSTON, MATTHEW STEWART, and JON WILLIAMS v. DEMETRIA CLARK; from Harris County; 14th district (14-96-00005-CV, 979 SW2d 707, 01-30-97)

- consolidated with -

99-0326 STEVEN GARY ENER and HARRIS COUNTY, TEXAS v. FRANCIS G. THOMAS, JR., and JOHN ALEXANDER ROARKE; from Harris County; 14th district (14-97-00214-CV, ___ SW3d ___, 01-21-99)

The Court reverses the court of appeals' judgment in cause number 98-1080, styled University of Houston, Matthew Stewart, and Jon Williams v. Demetria Clark, and remands the cause to that Court.

The Court affirms the court of appeals' judgment in cause number 99-0326, styled Steven Gary Ener and Harris County, Texas v. Francis G. Thomas, Jr. and John Alexander Roarke.

In cause number 99-0326, the Court orders the court of appeals' opinion published, pursuant to Tex. R. App. P. 47.3(d).



Opinion by Justice Baker, joined by Chief Justice Phillips,

Justice Hecht, Justice Owen, Justice Abbott,

Justice Hankinson, and Justice Gonzales


Concurring and dissenting opinion by Justice Enoch


(Justice O'Neill not sitting)




THE FOLLOWING CAUSE IS DISMISSED:




99-0472 IN THE INTEREST OF O. G. M., a child; from Harris County; 1st district (01-98-00496-CV, 988 SW2d 473, 04-08-99)

unopposed motion to dismiss appeal granted



ORDERS ON CASES GRANTED

THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:

99-0204 TEXAS DEPARTMENT OF PUBLIC SAFETY and ADRIAN RIVERA v. MELINDA PETTA; from Nueces County; 13th district (13-97-00661-CV, 985 SW2d 199, 12-30-98)

99-0557 PAUL B. UNDERKOFLER, JR., and GOINS, UNDERKOFLER, CRAWFORD & LANGDON v. HUGH F. VANASEK; from Dallas County; 5th district (05-95-01475-CV, RULE 47.7, 05-20-99)

99-1165 APEX TOWING COMPANY, TEX BARGE COMPANY, and APEX OIL COMPANY v. WILLIAM M. TOLIN, III, BENCKENSTEIN & OXFORD, and HEBERT, MOULEDOUX & BLAND; from Jefferson County; 9th district (09-97-00327-CV, 997 SW2d 903, 08-26-99)

as supplemented

(Justice Owen not sitting)

ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:




99-0723 PORT ARTHUR INDEPENDENT SCHOOL DISTRICT v. PORT ARTHUR TEACHERS ASSOCIATION/T.S.T.A./N.E.A.; from Jefferson County; 9th district (09-97-00363-CV, 990 SW2d 955, 06-10-99)

as supplemented

99-1064 ATLANTIC RICHFIELD COMPANY, LYONDELL PETROCHEMICAL COMPANY, and LYONDELL-CITGO REFINING COMPANY, LTD. v. VIRGINIA HERNANDEZ FRIAS, individually and as next friend of NICHOLAS BRIAN FRIAS, and THOMAS ISAAC FRIAS, GEORGE ANTHONY FRIAS, JESSE VALENTIN FRIAS, STEVEN SIMON FRIAS, CARLOS JESUS FRIAS, CHRISTINA MEJIA, and JOSE MANUEL GALVAN, as representative of the ESTATE OF JESUS VALENTIN FRIAS; from Harris County; 14th district (14-97-01060-CV, 999 SW2d 97, 07-29-99)



99-1207 THE STATE OF TEXAS v. M. R., a juvenile; from Bexar County; 4th district (04-99-00136-CV, 5 SW3d 879, 11-03-99)

00-0080 GERALD J. BROWN v. CITY OF HOUSTON; from Harris County; 10th district (10-98-00166-CV, 8 SW3d 331, 08-18-99)

00-0247 FORD MOTOR COMPANY v. STEVE and STEPHANIE BRUCE; from Jefferson County; 9th district (09-97-00526-CV, RULE 47.7, 01-27-00)

Justice Owen notes her dissent

00-0280 LUCAS LOPEZ v. TEXAS WORKERS' COMPENSATION INSURANCE FUND; from Travis County; 3rd district (03-99-00229-CV, 11 SW3d 490, 02-03-00)

00-0289 WILLIAM ODIE FREEMAN, ELVIE RANDOLPH FREEMAN, MYRTLE FAY MAYFIELD, and D. A. FREEMAN v. CHEROKEE WATER COMPANY; from Rusk County; 6th district (06-99-00012-CV, 11 SW3d 480, 02-01-00)

00-0331 JOSEPH LICATA, III v. LINDA VERGARA LICATA; from Harris County; 14th district (14-96-01046-CV, 11 SW3d 269, 10-07-99)

(Justice O'Neill not sitting)

00-0358 ALICE VILLEGAS, MARGARET VILLEGAS, individually and as next friend of K. H., a minor child v. NATIONWIDE MUTUAL INSURANCE COMPANY; from Travis County; 3rd district (03-99-00146-CV, ___ SW3d ___, 12-16-99)

as corrected

00-0359 ARTHUR W. CARSON v. G. J. GOMEZ, GARY LOWE, JAMES SLOAN, and JESSE R. ROLAND; from Walker County; 1st district (01-96-00784-CV, 14 SW3d 778, 02-07-00)

00-0366 HARRIS COUNTY, TEXAS v. R. W. TULLOS; from Harris County; 1st district (01-99-00044-CV, RULE 47.7, 02-24-00)

00-0367 JEWEL STRAIN, ET AL. v. CAROLYN D'AUNN, ET AL.; from Erath County; 11th district (11-98-00207-CV, RULE 47.7, 12-23-99)



00-0401 MANUAL MARTINEZ d/b/a CONSTRUCTORA MARTINEZ v. ALFREDO FLORES and CYNTHIA FLORES; from Maverick County; 4th district (04-99-00849-CV, RULE 47.7, 01-31-00)

00-0412 D. SUMNER CHASE, III and wife, CHERYL O. CHASE v. DAVID GENEVER-WATLING and wife, KAREN WATLING, GEORGE POSTON and wife, CAROL POSTON; from Dallas County; 5th district (05-99-00265-CV, RULE 47.7, 01-07-00)

THE FOLLOWING PETITION FOR REVIEW IS DENIED, IN PART AND

DISMISSED FOR WANT OF JURISDICTION, IN PART:


99-1240 DALLAS INDEPENDENT SCHOOL DISTRICT, CHAD WOOLERY, RON JOHNSON, and DAVID MCKNIGHT v. SANDY LEE; from Dallas County; 5th district (05-98-02145-CV, RULE 47.7, 09-02-99)

The petition, on the issues raised by the Dallas Independent School District, is denied.

The petition, on the issues raised by Chad Woolery, Ron Johnson, and David McKnight, is dismissed for want of jurisdiction.



THE FOLLOWING REDRAFTED PETITION FOR REVIEW IS STRUCK

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


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 and appendix with the following notation: "The petition for review and appendix violate Tex. R. App. P. 9.4(c), 9.4(d), 9.4(h), 53.2(a), 53.2(d), 53.2(e), 53.2(f), 53.2(g). 53.2(h), 53.2(k)(2) and are struck. Petitioners are ordered to redraw; the redrawn petition and appendix are due to be filed no later than 5:00 p.m. on June 29, 2000. See Tex. R. App. P. 9.4(c), 9.4(d), 9.4(h), 9.4 (i), 53.2(a), 53.2(d), 53.2(e), 53.2(f), 53.2(g). 53.2(h), and 53.2(k)(2)."

ORDERS ON MOTIONS

THE FOLLOWING MOTION FOR REHEARING OF A CAUSE IS OVERRULED:

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 withdraws its opinion and judgment of April 6, 2000, and substitutes the opinion and judgment issued today.

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

Opinion of the Court by Justice Owen

THE FOLLOWING MOTIONS FOR REHEARING OF PETITIONS FOR REVIEW

ARE OVERRULED:

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)

99-1119 TEXAS COMMERCE BANK NATIONAL ASSOCIATION, as executor of the ESTATE OF GAYL HALL BRADFIELD, deceased v. COMERICA BANK - TEXAS, as trustee of the GAYL HALL BRADFIELD TRUST; from Dallas County; 6th district (06-98-00170-CV, 2 SW3d 723, 09-23-99)







99-1124 ISKCON ASSET MANAGEMENT/R. K. DHINGRA, trustee v. HEALTHELP SERVICES GROUP, INC. d/b/a CYPRESS LAKEWOOD PHYSICAL THERAPY/SAM FONTENOT, MATRIX REHABILITATION, INC., and MARY R. DAULONG; from Harris County; 14th district (14-97-01300-CV, RULE 47.7, 07-08-99)

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)

99-1310 MYRON P. BOOTS v. ROSALIE M. LOPEZ; from Harris County; 14th district (14-98-00073-CV, 6 SW3d 292, 08-12-99)

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)

00-0230 L. GUY HUNTLEY and INEZ HUNTLEY v. WALTER HEIKKILA and JEANINE HEIKKILA; from Collin County; 5th district (05-99-00407-CV, RULE 47.7, 12-16-99)



THE FOLLOWING MOTION FOR REHEARING OF A PETITION FOR WRIT

OF MANDAMUS IS OVERRULED:

00-0499 IN RE MCALLEN MEDICAL CENTER, INC.

emergency motion to reinstate stay order overruled





MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

99-1134 IN RE GNC FRANCHISING, INC., GENERAL NUTRITION CORPORATION, KATHY STETAR, and PAUL GMELIN

as supplemented

Dissenting opinion by Justice Hecht, joined by Justice Owen



THE FOLLOWING PETITION FOR WRIT OF HABEAS CORPUS IS DENIED:

00-0519 IN RE KAREN ELIZABETH SHRADER

stay order of May 26, 2000, lifted

The Court revokes relator's $500.00 bond and remands relator to the custody of the Smith County Sheriff.



THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED

AS MOOT:

98-1023 IN RE THE CITY OF AUSTIN, TEXAS

motion to review refusal to allow supersedeas dismissed as moot

stay order of October 27, 1998, lifted




THE FOLLOWING PETITION FOR WRIT OF MANDAMUS AND MOTION FOR

EMERGENCY RELIEF ARE STRUCK PURSUANT TO TEXAS RULES OF

APPELLATE PROCEDURE, 9.4(i):

00-0558 IN RE HAROLD L. PHILLIPS and HAROLD L. PHILLIPS for Z. M. P. and K. V. P., minor children

The Court strikes the petition for writ of mandamus and motion for emergency relief with the following notation: "The petition and motion violate Tex. R. App. P. 52.3(a), 52.3(j)(1)(A), 52.7(a), 52.10(a) and are struck. Relators are ordered to redraw; the redrawn petition and motion are due to be filed no later than 5:00 p.m. on June 29, 2000. See Tex. R. App. P. 9.4(i), 52.3(a), 52.3(j)(1)(A), 52.7(a), 52.10(a)."

THE FOLLOWING MOTION FOR EXTENSION OF TIME TO FILE PETITION

FOR REVIEW IS OVERRULED:

00-0567 JOYCE RIVERA v. TEXAS DEPARTMENT OF PROTECTIVE and REGULATORY SERVICES; from Dallas County; 5th district (05-99-00209-CV, RULE 47.7, 04-06-00)

With the following notation: "See Tex. R. App. P. 53.7(f)."

THE MOTION TO RELEASE ORIGINAL EXHIBITS IS GRANTED IN THE

FOLLOWING CASE:

99-0734 IN RE BAYERISCH MOTOREN WERKE, AG

With the following notation: "The Court grants the motion to release the original exhibits to the trial court."





ORDER OF THE COURT

THE FOLLOWING CAUSES ARE NOT SET FOR SUBMISSION AT THIS TIME:

99-0204 TEXAS DEPARTMENT OF PUBLIC SAFETY and ADRIAN RIVERA v. MELINDA PETTA; from Nueces County; 13th district (13-97-00661-CV, 985 SW2d 199, 12-30-98)

99-0557 PAUL B. UNDERKOFLER, JR., ET AL. v. HUGH F. VANASEK; from Dallas County; 5th district (05-95-01475-CV, RULE 47.7, 05-20-99)

99-1165 APEX TOWING COMPANY, TEX BARGE COMPANY, and APEX OIL COMPANY v. WILLIAM M. TOLIN, III, BENCKENSTEIN & OXFORD, and HEBERT, MOULEDOUX & BLAND; from Jefferson County; 9th district (09-97-00327-CV, 997 SW2d 903, 08-26-99)