THE SUPREME COURT OF TEXAS





Orders Pronounced July 6, 2000




ORDERS ON CAUSES



98-0679 WARREN LEE TUNE v. TEXAS DEPARTMENT OF PUBLIC SAFETY; from Tarrant County; 2nd district (02-97-00222-CV, 977 SW2d 650, 05-28-98)

The Court affirms the court of appeals' judgment.

Opinion by Justice Enoch, joined by Chief Justice Phillips,

Justice Hecht, Justice Owen, and Justice Gonzales


Concurring opinion by Justice Hecht


Dissenting opinion by Justice Abbott, joined by

Justice Baker, Justice Hankinson, and Justice O'Neill


98-1238 KERRVILLE STATE HOSPITAL v. ROSE M. FERNANDEZ; from Kerr County; 4th district (04-97-00387-CV, 985 SW2d 121, 11-12-98)

- consolidated with -

99-0141 TEXAS PARKS AND WILDLIFE DEPARTMENT v. ROGELIO A. GONZALEZ; from Starr County; 4th district (04-97-00423-CV, RULE 47.7, 12-30-98)

The Court affirms the court of appeals' judgments.

Opinion by Chief Justice Phillips, joined by Justice Enoch,

Justice Abbott, Justice Hankinson, Justice O'Neill,

and Justice Gonzales


Concurring opinion by Justice Owen


Dissenting opinion by Justice Hecht, joined by Justice Baker




The court of appeals' opinion in 99-0141 is ordered published pursuant to Tex. R. App. P. 47.3(d).

99-0041 CASH AMERICA INTERNATIONAL, INC. v. JANOLA BENNETT; from Harris County; 1st district (01-98-00433-CV, 982 SW2d 620, 12-3-98)

The Court affirms the court of appeals' judgment.

Opinion by Justice O'Neill, joined by Chief Justice Phillips,

Justice Enoch, Justice Baker, Justice Abbott,

Justice Hankinson, and Justice Gonzales


Dissenting opinion by Justice Owen, joined by Justice Hecht





99-0108 TEXAS DEPARTMENT of TRANSPORTATION v. LUKE W. ABLE, BEN DEES and GEORGE HANS KNOLL, coexecutors of the ESTATE OF MARGARET ABLE, deceased, RAMONA LEE DEES, and SYLVIA JANE KNOLL; from Harris County; 1st district (01-96-01471-CV, 981 SW2d 765, 09-17-98)

as corrected

motion to strike amicus curiae brief of Texas Association of Counties overruled

The Court affirms the court of appeals' judgment.

Opinion by Justice Gonzales, joined by Justice Enoch,

Justice Baker, Justice Abbott, Justice Hankinson,

and Justice O'Neill

Dissenting opinion by Justice Owen, joined by

Chief Justice Phillips, and Justice Hecht



99-0184 LAURENCE ABRAMS v. DONALD PAUL JONES; from Harris County; 14th district (14-96-01525-CV, 983 SW2d 377, 04-30-99)

The Court reverses the court of appeals' judgment.

Opinion by Justice Owen, joined by Chief Justice Phillips,

Justice Enoch, Justice Abbott, Justice Hankinson,

Justice O'Neill, and Justice Gonzales

Dissenting opinion by Justice Hecht


Dissenting opinion by Justice Baker

 

99-0616 IN RE KENNETH GEORGE

stay order of January 30, 1999, lifted

- consolidated with -

99-0648 IN RE EPIC HOLDINGS, INC., EPIC HEALTHCARE GROUP, INC., and EPIC HEALTHCARE MANAGEMENT CO.

stay order of July 13, 1999, lifted

The Court denies the petitions for writ of mandamus without prejudice to afford Relators an opportunity to reurge their motions to the trial court.

Opinion by Chief Justice Phillips, joined by Justice Baker,

Justice Abbott, Justice O'Neill, and Justice Cayce (sitting

by assignment pursuant to Tex. Gov't. Code § 22.005)


Concurring opinion by Justice Owen


Dissenting opinion by Justice Brister (sitting by assignment

pursuant to Tex. Gov't. Code § 22.005), joined by

Justice Hecht and Justice Ramey (sitting by assignment

pursuant to Tex. Gov't. Code § 22.005)


(Justice Enoch, Justice Hankinson, and

Justice Gonzales not sitting)



99-0950 IN THE INTEREST OF G. C., a minor child; from Parker County; 2nd district (02-99-00003-CV, RULE 47.7, 08-12-99)

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 and remands the cause to that court.

Per Curiam Opinion


The court of appeals' opinion is ordered published pursuant to Tex. R. App. P. 47.3(d).





99-1227 GRAPEVINE EXCAVATION INC. v. MARYLAND LLOYDS, A LLOYDS INSURANCE COMPANY

The Court answers the question certified by the United States Court of Appeals for the Fifth Circuit in the affirmative.

Opinion by Justice Baker, joined by Justice Enoch,

Justice Abbott, Justice Hankinson, Justice O'Neill,

and Justice Gonzales


Concurring opinion by Justice Gonzales, joined by Justice Enoch


Dissenting opinion by Chief Justice Phillips,

joined by Justice Hecht and Justice Owen



ORDERS ON CASES GRANTED

THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:

99-1015 GENERAL SERVICES COMMISSION v. LITTLE-TEX INSULATION COMPANY, INC.; from Travis County; 3rd district (03-98-00297-CV, 997 SW2d 358, 07-29-99)

- consolidated for oral argument with -

99-1070 TEXAS DEPARTMENT OF TRANSPORTATION v. AER-AEROTRON, INC.; from Travis County; 3rd district (03-97-00649-CV, 997 SW2d 687, 06-17-99)

99-1159 HARRIS COUNTY BAIL BOND BOARD v. EDD BLACKWOOD and ALLEGHENY MUTUAL CASUALTY COMPANY; from Harris County; 1st district (01-97-01178-CV, 2 SW3d 31, 06-10-99)




ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:




99-1145 JAMES CHILDERS, M.D. v. BARBARA E. ALVES, individually and as heir and representative of the ESTATE OF TONYA JOHNSTON, deceased, and a/n/f of A. B. J., JR., and V. A. J., minors, RAYMOND K. JONES, a/n/f of T. N. J. and ALLEN BRENT JOHNSTON, individually; from Tarrant County; 2nd district (02-98-00265-CV, RULE 47.7, 09-30-99)

00-0268 GERMAN AGUILERA, ET AL. v. CITY OF PAMPA, ET AL.; from Gray County; 7th district (07-99-00495-CV, RULE 47.7, 01-12-00)

00-0414 SHIRLEY ABBOTT MCRAE v. RODERICK NEAL ECHOLS; from Limestone County; 10th district (10-98-00311-CV, ___ SW3d ___, 01-12-00)

(Justice Enoch not sitting)


00-0417 EDWARD A. SMITH, JR. v. NATIONAL ADVERTISING COMPANY; from Harris County; 1st district (01-98-00121-CV, RULE 47.7, 08-31-99)

00-0430 WILLIAM WAYNE WATSON v. LEA SHARON WATSON; from Jasper County; 9th district (09-98-00484-CV, RULE 47.7, 02-24-00)

00-0433 H. S. M. ACQUISITIONS, INC. v. CHESTER ENVIRONMENTAL GROUP, INC.; from Harris County; 1st district (01-98-00057-CV, RULE 47.7, 02-24-00)

(Chief Justice Phillips not sitting)

00-0454 AN NGOC PHAM v. RAYBURN TUCKER & CO.; from Dallas County; 5th district (05-97-02019-CV, RULE 47.7, 02-29-00)

00-0459 IN THE INTEREST OF D. E. G., JR., child; from Harris County; 1st district (01-99-00143-CV, RULE 47.7, 02-10-00)

motion to withdraw issue no. 4 granted

00-0461 RUTH WOOLLETT and JANE VORWERK v. BILL MATYASTIK, temporary guardian of the ESTATE and PERSON of ROSE MATYASTIK; from Milam County; 3rd district (03-99-00353-CV, RULE 47.7, 02-17-00)





00-0488 AMERICAN MOTORISTS INSURANCE COMPANY v. OCCIDENTAL CHEMICAL CORPORATION; from Harris County; 1st district (01-98-00632-CV, ___ SW3d ___, 03-20-00)

as corrected

00-0509 MARIA ALEJANDRA GUEVARA v. JO ANN GUEVARA, as representative of the ESTATE OF JACOB R. GUEVARA, ALMA GUEVARA, as next friend of B. G., a minor and B. G.; from Bexar County; 4th district (04-99-00584-CV, RULE 47.7, 03-22-00)

00-0514 JOHN F. DEVEREUX and LYLE METZDORF v. ALVIN STATE BANK; from Brazoria County; 14th district (14-98-00698-CV, RULE 47.7, 12-23-99)

00-0531 PEGGY PERKINS, individually and as administratrix of the ESTATE OF WESLEY ALBERT PERKINS, deceased, and GARY WAYNE PERKINS as next friend of HOLLEY NICOLE PERKINS and CHASE CHANDLER PERKINS v. DOUGLASS DISTRIBUTING COMPANY; from Grayson County; 11th district (11-98-00082-CV, RULE 47.7, 03-09-00)

00-0544 YIGAL BOSCH v. SADIQUE JAFFER, SURINDER RAMETRA, RAMETRA and SON, SURINDER RAMETRA as custodian for ADMIT RAMETRA, PFEIZER PREFERENTIAL ASSOCIATES INC., K. L. KANTU, COLONIAL VILLA, LTD., CHICAGO INSURANCE COMPANY, and DAVID C. REBACK; from Harris County; 1st district (01-99-00870-CV, RULE 47.7, 03-16-00)



THE FOLLOWING ORIGINAL APPLICATION FOR BILL OF REVIEW,

BEING TREATED AS A PETITION FOR REVIEW, IS DENIED:




00-0422 HAROLD L. PHILLIPS and HAROLD L. PHILLIPS for Z. M. P. and K. V. P. (minor children) v. THE HONORABLE SUSAN BAKER OLSEN, THE HONORABLE ANDREW Z. BAKER, THE HONORABLE PUTNAM K. REITER, THE HONORABLE JANIS YARBOUGH, THE HONORABLE RONALD WILSON, and THE HONORABLE DAVID GARNER; from Galveston County; 1st district (01-99-01291-CV, RULE 47.7, 12-30-99)

motion to expedite overruled





ORDERS ON MOTIONS

THE FOLLOWING MOTION FOR REHEARING OF A CAUSE IS OVERRULED:

98-0479 CONTINENTAL CASUALTY INSURANCE COMPANY v. FUNCTIONAL RESTORATION ASSOCIATES, PRODUCTIVE REHABILITATION INSTITUTE OF DALLAS FOR ERGONOMICS, and the TEXAS WORKERS' COMPENSATION COMMISSION; from Travis County; 3rd district (03-97-00103-CV, 964 SW2d 776, 03-12-98)

THE FOLLOWING MOTIONS FOR REHEARING OF PETITIONS FOR REVIEW

ARE OVERRULED:

00-0019 ALFRED L. HEATON v. STEWART EDWARD JAMES FULTON, and those UNDERWRITERS AT LLOYDS, LONDON, subscribing a policy of insurance evidenced by CERTIFICATE NO. 14273; from Harris County; 1st district (01-98-00385-CV, RULE 47.7, 10-21-99)

00-0177 SUSAN C. LEE, individually, SUSAN C. LEE, as trustee for SUSAN C. GIBSON, and SUSAN C. GIBSON v. DONNA C. KLINE and GARY GROTE; from Harris County; 14th district (14-98-00268-CV, RULE 47.7, 01-13-00)

(Chief Justice Phillips not sitting)

00-0330 DONALD J. BARNES, individually and in his representative capacity of VOICE FOR ANIMALS, and the ANIMAL PROTECTION INSTITUTE v. TEXAS TECH UNIVERSITY; from Travis County; 3rd district (03-99-00419-CV, RULE 47.7, 02-25-00)



MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:



00-0532 IN RE MICHAEL A. ESPINOSA

as redrafted

motion for emergency stay overruled



00-0640 IN RE REFUGIO ARTURO SIAS

motion for emergency relief overruled

00-0648 IN RE TENET HEALTHCARE, LTD., d/b/a BROWNSVILLE MEDICAL CENTER

emergency motion to stay production of confidential non-party medical records overruled

(Order delivered July 3, 2000)

00-0655 IN RE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, ET AL.

emergency motion for temporary relief overruled

(Order delivered June 30, 2000)


00-0657 IN RE HENDRICK MEDICAL CENTER

motion for emergency relief overruled

(Order delivered June 30, 2000)





THE JOINT MOTION TO VACATE JUDGMENTS AND DISMISS APPEAL IS

GRANTED IN PART IN THE FOLLOWING CASE:


00-0507 MILES, INC., POLYSAR RUBBER DIVISION, BAYER CORP., and TEXAS INDUSTRIAL CONTRACTORS, INC. v. RICHARD J. AMMEAN

motion to vacate the judgments of the court of appeals and the trial court and remand to the trial court for rendition of judgment in accordance with the settlement agreement is granted

motion to dismiss with prejudice dismissed as moot






ORDER OF THE COURT



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



99-1015 GENERAL SERVICES COMMISSION v. LITTLE-TEX INSULATION COMPANY, INC.; from Travis County; 3rd district (03-98-00297-CV, 997 SW2d 358, 07-29-99)



- consolidated for oral argument with -

99-1070 TEXAS DEPARTMENT OF TRANSPORTATION v. AER-AEROTRON, INC.; from Travis County; 3rd district (03-97-00649-CV, 997 SW2d 687, 06-17-99)

99-1159 HARRIS COUNTY BAIL BOND BOARD v. EDD BLACKWOOD and ALLEGHENY MUTUAL CASUALTY COMPANY; from Harris County; 1st district (01-97-01178-CV, 2 SW3d 31, 06-10-99)