THE SUPREME COURT OF TEXAS

Orders Pronounced July 8, 1999

ORDERS ON CASES GRANTED

THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:

98-0034 KECK, MAHIN & CATE, GRANT COOK, and ROBERT A. PLESSALA v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, P.A.; from Harris County; 14th district (14-96-00049-CV, 955 SW2D 120, 10-16-97)

2 petitions

The Court withdraws its order of June 5, 1998, denying the petitions for review; grants the motion for rehearing; and grants both petitions. Submission and oral argument will be scheduled at a later date.

98-1100 ELLIOTT-WILLIAMS CO., INC. v. MANUEL DIAZ and IRMA JULIETA DIAZ; from El Paso County; 8th district (08-97-00117-CV, 974 SW2D 915, 08-06-98)

ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

98-0413 MACO STEWART and LEISURE RESORTS, INC. v. BANK ONE, TEXAS, N.A., BONNET RESOURCES CORPORATION, TRENDMAKER, INC. and WEYERHAEUSER REAL ESTATE COMPANY; from Harris County; 14th district (14-93-00899-CV, 967 SW2D 419, 06-26-97)

2 petitions

99-0088 IN THE MATTER OF D. W. R.; from Guadalupe County; 4th district (04-98-00530-CV, RULE 47.7, 12-16-98)

99-0125 STEPHEN WOOD and PAULA WOOD v. CALIFORNIA STATE BOARD OF EQUALIZATION; from Montgomery County; 9th district (09-97-00539-CV, RULE 47.7, 12-31-98)

99-0159 SUSIE CLEMONS and LEONARD CLEMONS v. JAMES DENSON; from Harris County; 1st district (01-96-01454-CV, 981 SW2D 941, 11-25-98)

99-0174 DON ELWOOD and TIMBERIDGE CUSTOM BUILDERS, INC. v. CIGNA LLOYDS; from Tarrant County; 7th district (07-98-00106-CV, RULE 47.7, 01-08-99)

99-0302 THE STATE OF TEXAS v. J. GRADY BROWN, JR.; from Denton County; 2nd district (02-97-00356-CV, 984, SW2D 348, 01-07-99)

99-0354 NEALE WOOD v. DIANE TICE, D.D.S., BARRY SOLOMON, D.D.S., and DENTAL CENTERS OF AMERICA, L.L.C., d/b/a WINDSOR DENTAL CENTER; from Bexar County; 4th district (04-98-00392-CV, 988 SW2D 829, 02-17-99)

99-0357 DAVID M. SWIFT v. MARTIN W. SEIDLER; from Bexar County; 4th district (04-98-00519-CV, 988 SW2D 860,03-03-99)

99-0367 DONALD J. HOLT v. ALLIED VISTA, INC., and THOMAS LYON; from Harris County; 14th district (14-97-00566-CV, 987 SW2D 138, 01-14-99)

99-0377 E. D. HAY, OLIVIA HAHN HAY, SCOTT D. HAY, ADA LANELLE HAY and JOYCE ANN HAY BOWER v. SHELL OIL COMPANY; from De Witt County; 13th district (13-97-00333-CV, 986 SW2D 772, 02-04-99)

99-0402 JOHN M. FINK, M.D. v. TEXAS STATE BOARD OF MEDICAL EXAMINERS; from Travis County; 3rd district (03-98-00191-CV, RULE 47.7, 05-18-99)

99-0407 LUIS ALVIZO, individually, and MARGARITA ALVIZO, as next friend of LUIS ALVIZO, JR., ARMANDO ALVIZO and JOSE MIGUEL ALVIZO, minors v. AUSTIN BRIDGE COMPANY, THE STATE OF TEXAS, TEXAS DEPARTMENT OF TRANSPORTATION, and STRUCTURAL METALS, INC.; from Bexar County; 4th district (04-96-00136-CV, RULE 47.7, 10-07-98)

99-0410 FREDRICK E. WATKINS v. DIVERSITECH, INC.; from Colorado County; 1st district (01-98-01262-CV, 988 SW2D 440, 03-25-99)

99-0412 E. GLENN McMILLAN v. NORTHWEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 24; from Harris County; 1st district (01-97-01420-CV, 988 SW2D 337, 03-18-99)

99-0413 AUDIE CLIFTON MUSGRAVE, JR. and wife, JUDITH LOUISE MUSGRAVE, and BROOKHAVEN RETREAT, INC. v. BROOKHAVEN LAKE PROPERTY OWNERS ASSOCIATION, ROBERT OWEN and wife LINDA OWEN, ROBERT BROWN and wife BETTY BROWN and MILTON LEWIS and wife LILLIAN LEWIS; from Wood County; 6th district (06-97-00136-CV, ___ SW2D ___, 03-19-99)

99-0422 ROBERT TWIST v. BRENDA FAYE TWIST; from Hidalgo County; 13th district (13-97-00717-CV, RULE 47.7, 01-28-99)

99-0447 RALPH D. GRIFFITH v. VICKY K. GRIFFITH; from Lubbock County; 7th district (07-98-00165-CV, RULE 47.7, 03-22-99)

99-0467 CHERYL ANN BENOIT v. TEXAS DEPARTMENT OF PUBLIC SAFETY; from Calhoun County; 13th district (13-97-00685-CV, RULE 47.7, 04-08-99)

THE FOLLOWING PETITION FOR REVIEW IS DISMISSED FOR

WANT OF JURISDICTION:

99-0448 RAINBOW GROUP, LTD., and ALAN SAGER v. JOSEPHINE JOHNSON, JENNIFER CASEY, SEANTEL WILMES, and AVA LOTT; from Travis County; 3rd district (03-93-00431-CV, ___ SW2D ___, 03-04-99)

THE FOLLOWING PETITION FOR REVIEW IS ABATED:

98-0621 KEMLITE COMPANY, INC. v. DAVID MACK ALBRIGHT, ET AL.; from Jefferson County; 9th district (09-97-00408-CV, RULE 47.7, 05-14-98)

The Court grants the joint motion to abate. The petition for review is abated until August 16, 1999, to allow the parties to proceed with settlement negotiations.

ORDERS ON MOTIONS

THE FOLLOWING MOTIONS FOR REHEARING OF PETITIONS

FOR REVIEW ARE OVERRULED:

98-1151 KELJER KING v. MICKEY HUBERT, ET AL.; from Anderson County; 12th district (12-98-00074-CV, RULE 47.7, 10-23-98)

99-0103 PAUL RICHARD BECKHAM, a/k/a RICHARD BRYCE BECKHAM v. EVAH CASIDA RUSSELL and EDWIN RUSSELL; from Randall County; 7th district (07-97-00493-CV, RULE 47.7, 12-14-98)

99-0243 ALICE GARDNER and AMBASSADOR MICHAEL NELSON, in propria persona designata v. NISSAN MOTOR ACCEPTANCE CORPORATION; from Tarrant County; 2nd district (02-98-00345-CV, RULE 47.7, 12-28-98)

99-0335 JOHNNY R. CRAWFORD v. THE BEXAR COUNTY TAX OFFICE; from Bexar County; 4th district (04-98-00653-CV, RULE 47.7, 02-27-99)

THE FOLLOWING MOTION FOR REHEARING OF A PETITION

FOR WRIT OF MANDAMUS IS OVERRULED:

99-0371 IN RE JIMMY LEE HICKSON

MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

98-0853 IN RE BILLY WAYNE PERRITT and ANN PERRITT JOINTLY D/B/A GOLDEN CORRAL FAMILY STEAKHOUSE NO. 348

99-0507 IN RE JOHN HOLMAN and MAMIE DAVIS

99-0521 IN RE DANIEL LEE KNOD, SR.

99-0605 IN THE MATTER OF JEROME M. KARAM

emergency motion for temporary relief overruled

motion for sanctions overruled

(Order delivered July 2, 1999)

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS ABATED:

98-0619 IN RE KEMLITE COMPANY, INC.

abatement order issued

The Court grants the joint motion to abate. the petition for writ of mandamus is abated until August 16, 1999, to allow the parties to proceed with settlement negotiations.

RELATOR IS ORDERED RELEASED ON BOND IN THE FOLLOWING CASE PENDING ON PETITION FOR WRIT OF HABEAS CORPUS:

99-0601 IN RE HOWARD LONG

conditioned upon $500.00 bond

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

(Order delivered July 5, 1999)

ORDER OF COURT

THE FOLLOWING CAUSE IS SET FOR SUBMISSION ON WEDNESDAY, OCTOBER 20, 1999, AT 9:00 A.M.:

98-1100 ELLIOTT-WILLIAMS CO., INC. v. MANUEL DIAZ and IRMA JULIETA DIAZ; from El Paso County; 8th district (08-97-00117-CV, 974 SW2D 915, 08-06-98)

Time allotted to argue: 20/20 minutes

THE FOLLOWING CAUSE IS NOT SET FOR SUBMISSION AT THIS TIME:

98-0034 KECK, MAHIN & CATE, GRANT COOK, and ROBERT A. PLESSALA v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, P.A.; from Harris County; 14th district (14-96-00049-CV, 955 SW2D 120, 10-16-97)