THE SUPREME COURT OF TEXAS

Orders Pronounced August 19, 1999

ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

99-0348 TRUETT W. BATES v. TEXAS STATE TECHNICAL COLLEGE, CECIL GROVES, CAROL HARPER, JON BOTSFORD, RALPH STROTHER, DON GOODWIN, and MURRAY WATSON, JR.; from McLennan County; 10th district (10-97-00305-CV, 983 SW2D 821, 12-09-98)

99-0520 JANICE LIVINGSTON v. ADOPTION RESOURCE CONSULTANTS, INC.; from Dallas County; 11th district (11-97-00305-CV, RULE 47.7, 04-08-99)

99-0543 SOUTHWESTERN ROOFING, INC. v. MANUEL DURAN; from El Paso County; 8th district (08-97-00446-CV, RULE 47.7, 04-28-99)

2 petitions

99-0550 FRANK CAZEY d/b/a COASTAL PAVING v. WARREN C. FRY d/b/a KATY TREE FARMS; from Harris County; 14th district (14-97-00034-CV, RULE 47.7, 12-30-98)

motion to publish court of appeals' opinion overruled

99-0553 RHONDA HEIMENDINGER v. THE DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES; from Travis County; 3rd district (03-97-00079-CV, RULE 47.7, 05-06-99)

99-0555 JAMES COOK v. LASHUANDRA KENNEDY in her individual capacity and as heir of THE ESTATE OF BILLY TUBBS, deceased, and individually a/n/f of J. T., a minor, ANGELIQUE MALBRAITH, individually and a/n/f of J. T., a minor, and THE ESTATE OF BILLY TUBBS, ET AL.; from Dallas County; 11th district (11-97-00409-CV, RULE 47.7, 04-01-99)

99-0560 DAVID BERRES, TIMOTHY FELDERHOFF, SHAWN FLUSCHE, JOSEPHINE GEHRIG/SCHILLING, LINDA GOODWIN, STEVE GREWING, TOMMY HUCHTON, MRS. V. B. KIRKPATRICK, ROBERT KNAUF, HERBERT MILLER, W. J. MILLER, ELLA MAE ROHMER, RAYMOND STEWART, THOMAS VALLIERE, ET AL. v. COOKE COUNTY APPRAISAL DISTRICT; from Cooke County; 2nd district (02-97-00260-CV, RULE 47.7, 03-25-99)

99-0577 DEBORAH TILLERSON v. KEMPER NATIONAL INSURANCE COMPANY and LUMBERMEN'S MUTUAL CASUALTY COMPANY; from Brazoria County; 14th district (14-97-00918-CV, RULE 47.7, 05-06-99)

99-0578 CHARLES B. TURNER v. TILMON JAMES; from Palo Pinto County; 11th district (11-98-00050-CV, RULE 47.7, 05-06-99)

as amended

99-0582 SHARON L. PACE, individually and on behalf of the ESTATE OF STACY LEE MOORE, and CAROL MOORE-ORR, as next friend of A. R. M., a minor v. NORTH HOUSTON POLE LINE CORP. and HOUSTON LIGHTING & POWER COMPANY; from Harris County; 14th district (14-97-00140-CV, ___ SW2D ___, 05-06-99)

99-0588 LLEWELLYN K. WAILEHUA, JR. v. CHARLES HARDY, ET AL.; from Newton County; 9th district (09-99-00028-CV, ORDER, 05-27-99)

99-0628 JAQUELINE FLORES and BRAD DIBAGGIO v. JANIS DEMPSEY; from Dallas County; 5th district (05-97-00779-CV, RULE 47.7, 05-13-99)

99-0646 MERCURY FINANCE COMPANY v. CARSTAR COLLISION, INC., d/b/a CARSTAR COLLISION AND REPAIR CENTER; from Harris County; 1st district (01-97-00896-CV, RULE 47.7, 04-08-99)

99-0649 TOMMY E. SWATE v. JUDY SWATE; from Chambers County; 1st district (01-97-01386-CV, 991 SW2D 450, 04-22-99)

99-0663 MICHAEL AUSTIN JENKINS v. BEE JENKINS and HARRY CURE, trustee of the ESTATE OF BEE JENKINS; from Tarrant County; 2nd district (02-98-00158-CV, 991 SW2D 440, 04-22-99)

99-0678 ALMA SCRUGGS GRAHAM v. JACK HASTY; from Anderson County; 12th district (12-98-00107-CV, RULE 47.7, 05-27-99)

ORDERS ON MOTIONS

THE FOLLOWING MOTION FOR REHEARING OF A PETITION

FOR REVIEW IS OVERRULED:

99-0386 SAMSON HOMES, INC. v. LARRY W. TILGER; from Galveston County; 14th district (14-97-00361-CV, RULE 47.7, 03-25-99)

THE FOLLOWING MOTION FOR REHEARING OF A PETITION FOR WRIT OF MANDAMUS IS OVERRULED:

99-0485 IN RE VIRGIL F. LIPTAK

MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

99-0684 IN RE BILLY L. LITTLE and MCKNIGHT & LITTLE CONTRACTING COMPANY, INC.

99-0688 IN RE WILLIAM B. MATYASTIK

99-0744 IN RE PERMANENTE MEDICAL ASSOCIATION OF TEXAS and FRANK WEBSTER M.D.

motion for temporary relief overruled

(Order delivered August 13, 1999)

99-0783 IN RE WENDCO PROPERTIES, INC., WENDCO PROPERTIES and CAVENDER'S BOOT CITY OF TEMPLE

motion for temporary relief overruled

(Order delivered August 16, 1999)

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS OR FOR WRIT OF PROHIBITION IS DENIED:

99-0695 IN RE JUDGE NO. 75

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS ABATED:

99-0619 IN RE UNIVERSAL HEALTH SERVICES, INC., UNIVERSAL HEALTH SERVICES OF DELAWARE, INC., and UNIVERSAL HEALTH SERVICES OF MCALLEN, INC., d/b/a MCALLEN MEDICAL CENTER

With the following notation: "The petition for writ of mandamus is abated until September 15, 1999, to allow the trial court to proceed with a hearing on defendants' motion for protective order. It is the parties' responsibility to immediately notify this Court of the trial court's ruling."