THE SUPREME COURT OF TEXAS
Orders Pronounced August 7, 2003
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
03-0061 BRENDA KARYL LEE-WILSON v. DORRIS CARLTON WILSON, JR.; from Hutchinson County; 7th district (07-02-00239-CV, RULE 47.7, 12-03-02)
as reinstated
03-0288 JOSEPH DALE ROBERTSON v. LLOYD L. WALTON; from Kendall County; 4th district (04-01-00585-CV, RULE 47.7, 04-24-03)
as redrafted
03-0387 MELVIN BARKER, INDIVIDUALLY AND AS HEIR TO THE ESTATE OF KIRSTEN BARKER, DECEASED v. STATE FARM FIRE & CASUALTY CO.; STATE FARM MUTUAL AUTOMOTIVE INSURANCE CO.; RONALD HENRY ROELKE, AND ELROY G. ROELKE; from Grayson County; 11th district (11-01-00270-CV, 105 SW3d 75, 03-20-03)
03-0409 CONNIE BURGESS, INDIVIDUALLY AND ON BEHALF OF ALL SIMILARLY SITUATED CONSUMERS v. GALLERY MODEL HOMES, INC. D/B/A GALLERY FURNITURE AND ALL SIMILARLY SITUATED RETAILERS; from Harris County; 1st district (01-01-01014-CV, 101 SW3d 550, 01-23-03)
(Justice Schneider not sitting)
03-0473 GENE R. JONES, CHARLES FREEMAN, AND BECKY FREEMAN v. CITY OF HITCHCOCK, TEXAS; from Galveston County; 1st district (01-02-00676-CV, ___ SW3d ___, 04-17-03)
03-0525 ANGIE MARSAILES v. SEYMOUR BEITSCHER; from Taylor County; 11th district (11-02-00284-CV, ___ SW3d ___, 03-27-03)
03-0534 IN THE INTEREST OF U.P., A CHILD; from Fort Bend County; 14th district (14-02-00126-CV, 105 SW3d 222, 04-17-03)
03-0542 DICRON TAFRALIAN v. GARY EARL WALKER; from Tarrant County; 2nd district (02-01-00315-CV, ___ SW3d ___, 03-27-03)
03-0557 JOHNNIE WHINERY, ET UX, PAM WHINERY v. MISSION PETROLEUM CARRIERS, INC. AND MYRL DEAN MANN; from Gray County; 7th district (07-02-00073-CV, ___ SW3d ___, 02-06-03)
THE FOLLOWING PETITION FOR REVIEW IS STRUCK PURSUANT TO TEXAS RULE OF APPELLATE PROCEDURE 9.4(i):
03-0701 MARGARET KATHERINE MARTS, ON BEHALF OF CHARLES A. MARTS, DECEASED v. TRANSPORTATION INSURANCE COMPANY; from Parker County; 2nd district (02-02-00284-CV, ___ SW3d ___, 06-19-03)
The Court strikes the petition for review with the following notations: “The petition violates Tex. R. App. P. 9.4(e) and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed no later than 5:00 p.m., August 18, 2003.”
THE FOLLOWING PETITION FOR REVIEW IS ABATED:
03-0395 GTE SOUTHWEST INCORPORATED D/B/A VERIZON SOUTHWEST v. PUBLIC UTILITY COMMISSION OF TEXAS AND MCI WORLDCOM COMMUNICATIONS, INC.; 3rd district (03-02-00405-CV, 102 SW3d 282, 03-20-03)
joint motion to abate proceedings granted
motion to extend time to file responses dismissed as moot
The case is abated for ninety days and is removed from the Court’s active docket. The parties shall file a status report in this Court within 90 days and file any appropriate motions. The case will be reinstated upon proper motion or otherwise disposed of.
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR
REVIEW ARE DENIED:
02-0976 MARVINELL BROWN v. TEXAS EDUCATION AGENCY, HOUSTON I.S.D. & HISD SCHOOL BOARD, & OTHER DEFENDANTS; from Travis County; 3rd district (03-00-00433-CV, RULE 47.7, 06-27-02)
03-0020 MIKE LEDBETTER v. JAMES SHUPE; from Denton County; 2nd district (02-01-00346-CV, RULE 47.7, 10-24-02)
03-0237 ERIK LEONARD v. GREG ABBOTT, ATTORNEY GENERAL OF TEXAS; HARRIS COUNTY-HOUSTON SPORTS AUTHORITY; HARRIS COUNTY; CITY OF HOUSTON; from Travis County; 3rd district (03-02-00678-CV, RULE 47.7, 12-12-02)
as amended
motion to extend time dismissed as moot
motion to order opinion published denied
motion to delay ruling on motion for rehearing dismissed as moot
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
03-0517 IN RE KELLOGG BROWN & ROOT, INC.
03-0538 IN RE JOSHUA BEN BULLARD
MISCELLANEOUS
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS STRUCK PURSUANT TO TEXAS RULE OF APPELLATE PROCEDURE 9.4(i):
03-0706 IN RE AMIR SAATSAZ
The Court strikes the petition for writ of mandamus with the following notation: “The petition violates Tex. R. App. P. 52.2 and 52.6 and is struck.”
(Order delivered August 5, 2003)
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DISMISSED AS MOOT:
03-0233 IN RE BEXAR COUNTY
and
03-0277 IN RE HARRIS COUNTY
and
03-0285 IN RE NUECES COUNTY
and
03-0379 IN RE ANDERSON COUNTY, ANGELINA COUNTY, BELL COUNTY, ET AL.
joint motion to dismiss as moot granted
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
03-0602 IN RE JOHN HAMMOND, CURTIS HODGSON, GEORGE BOWN, ROBERT OWEN, DAVID ETTER, DICK SCHILTZ, ALFRED PICK, SCOTT MEYER, STAN BOWLIN, ROBERT ALLEN, PAUL WHITESELL, DAVID SEALS, JIM SWICK, RUTH SWICK, RICK CATHRINER, TONY MAZZU, DALE BURGDORF, DEAN MIZE, BOB CODAY, JIM BARTH, LIONEL MCKAMY, AND RICHARD ANDRO
03-0673 IN RE TERRY JAMES AND CHARLOTTE MANOR