THE SUPREME COURT OF TEXAS




Orders Pronounced August 24, 2000


ORDERS ON CAUSES


99-0169 HORIZON/CMS HEALTHCARE CORPORATION d/b/a HERITAGE WESTERN HILLS NURSING HOME v. LEXA AULD, administratrix of THE ESTATE OF MARTHA HARY, deceased; from Tarrant County; 2nd district (02-98-00083-CV, 985 SW2d 216, 01-08-99)

2 petitions

The Court affirms in part and reverses in part the court of appeals' judgment, and remands the cause to the trial court.

Opinion by Justice Abbott, joined by Justice Hecht,

Justice Enoch, Justice Owen, and Justice Gonzales


Concurring and dissenting opinion by Justice Hankinson,

joined by Chief Justice Phillips, Justice Baker, and Justice O'Neill


99-1011 JANIS ANN PAYNE v. GALEN HOSPITAL CORPORATION d/b/a CLEAR LAKE MEDICAL CENTER; from Harris County; 1st district (01-97-00087-CV, 4 SW3d 312, 08-26-99)

The Court affirms the court of appeals' judgment.

Opinion of the Court by Justice O'Neill










99-1018 DEBORAH MORGAN v. MACK ANTHONY; from Tyler County; 9th district (09-99-00092-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 the trial court.

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

Per Curiam Opinion


99-1037 M. D. ANDERSON HOSPITAL AND TUMOR INSTITUTE, THE UNIVERSITY OF TEXAS SYSTEM CANCER CENTER v. HAROLD GENE WILLRICH; from Harris County; 13th district (13-97-00814-CV, 1 SW3d 831, 08-31-99)

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 renders judgment.

Per Curiam Opinion




99-1204 TEXAS WORKERS' COMPENSATION INSURANCE FUND v. MIKE MANDLBAUER; from Hardin County; 9th district (09-96-00334-CV, 998 SW2d 939, 09-23-99)

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 renders judgment.

Per Curiam Opinion




ORDERS ON CASES GRANTED

THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:


99-0670 TEXAS DEPARTMENT OF PUBLIC SAFETY v. BEN BARLOW; from Brazos County; 10th district (10-98-00212-CV, 992 SW2d 732, 05-26-99)

99-0755 TEXAS HEALTH ENTERPRISES, INC. d/b/a KERN MANOR and HEA MANAGEMENT GROUP, INC. v. WALTER R. GEISLER, individually and as legal representative of THE ESTATE OF RUTH SIMMONS; from Denton County; 2nd district (02-98-00026-CV, 9 SW3d 163, 06-24-99)

2 petitions

Texas Health Enterprises, Inc. d/b/a Kern Manor and HEA Management Group, Inc.'s petition as corrected

99-0966 BRUCE BRADFORD, et al. v. ROELL VENTO, et al.; from Cameron County; 13th district (13-97-00116-CV, 997 SW2d 713, 06-24-99)

2 petitions

99-1042 QUANTUM CHEMICAL CORPORATION v. RALF TOENNIES; from Harris County; 1st district (01-98-00269-CV, 998 SW2d 374, 08-05-99)

99-1291 MERITOR AUTOMOTIVE INC. f/k/a ROCKWELL INTERNATIONAL CORPORATION d/b/a ROCKWELL INTERNATIONAL PLASTIC PRODUCTS v. RUAN LEASING COMPANY; from Travis County; 3rd district (03-99-00212-CV, 6 SW3d 726, 11-18-99)

2 petitions

(Justice Hankinson not sitting)

00-0061 HON. LEE P. BROWN, MAYOR and THE CITY OF HOUSTON v. ROB TODD; from Harris County; 14th district (14-98-00394-CV, 9 SW3d 404, 12-09-99)

2 petitions

00-0081 NICK JOHNSON and JAMES W. CHANG v. BREWER & PRITCHARD, P.C.; from Harris County; 1st district (01-98-01381-CV, 7 SW3d 862, 12-16-99)

2 petitions

00-0142 GARY LAWRENCE, ET UX., MARTEE LAWRENCE v. CDB SERVICES, INC.; from Potter County; 7th district (07-98-00356-CV, 16 SW3d 35, 01-20-00)

- consolidated for oral argument with -

00-0201 DANNY LEE LAMBERT and TERESA LAMBERT, individually, and as next friends of RUSTY LAMBERT and REBECCA LAMBERT v. AFFILIATED FOODS, INC.; from Randall County; 7th district (07-98-00371-CV, 20 SW3d 1, 11-16-99)

00-0479 CENTEX HOMES and CENTEX REAL ESTATE CORPORATION d/b/a CENTEX HOMES v. MICHAEL A. BUECHER, ET AL.; from Bexar County; 4th district (04-99-00337-CV, 18 SW3d 807, 03-31-00)

PROBABLE JURISDICTION IS NOTED IN THE FOLLOWING DIRECT APPEALS:




00-0816 CITIES OF CORPUS CHRISTI, ET AL. v. PUBLIC UTILITY COMMISSION OF TEXAS, ET AL.

3 notices of appeal

- consolidated for oral argument with -

00-0821 POWER CHOICE, INC. v. PUBLIC UTILITY COMMISSION OF TEXAS and CENTRAL POWER AND LIGHT COMPANY



ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

99-0666 THE UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT SAN ANTONIO v. MATA & BORDINI, INC.; from Bexar County; 4th district (04-98-00547-CV, 2 SW3d 312, 04-30-99)

99-0794 NORWEST MORTGAGE, INC. v. JOSE B. and VICTORIA B. SALINAS; from Nueces County; 13th district (13-96-00552-CV, 999 SW2d 846, 07-01-99)



99-0887 TEXAS WORKERS' COMPENSATION COMMISSION, THE SUBSEQUENT INJURY FUND, and TODD BROWN, in his official capacity as EXECUTIVE DIRECTOR of the TEXAS WORKERS' COMPENSATION COMMISSION v. TEXAS BUILDERS INSURANCE COMPANY; from Travis County; 3rd district (03-98-00341-CV, 994 SW2d 902, 06-17-99)

99-0955 THE CHILDREN'S CLINIC, TOM MCNEIL, M.D., and JOSEPH OSHMAN, M.D. v. ENEDINA ZAPATA, individually and as representative of THE ESTATE OF AARON LOZANO, deceased, and OSCAR LOZANO; from Nueces County; 13th district (13-98-00200-CV, 997 SW2d 745, 06-24-99)

99-0973 UNIVERSITY OF TEXAS AT ARLINGTON v. WILLIAM BISHOP; from Tarrant County; 2nd district (02-98-00274-CV, 997 SW2d 350, 07-15-99)

99-1006 M. D. MARK, INC. v. TXO PRODUCTION CORP. and MARATHON OIL CO.; from Harris County; 14th district (14-97-00105-CV, 999 SW2d 137, 07-29-99)

99-1008 TIMBERTECH, INC. a Texas corporation d/b/a US AD, RICHARD J. DEEBLE and VICTOR A. ROOT v. WALLBOARDS, INC.; from Harris County; 14th district (14-98-00422-CV, RULE 47.7, 08-26-99)

99-1110 JOE and CAROLYN MCCOMBS, individually and on behalf of THE ESTATE OF SAMANTHA MCCOMBS v. CHILDREN'S MEDICAL CENTER OF DALLAS; from Dallas County; 6th district (06-98-00079-CV, 1 SW3d 256, 08-13-99)

99-1236 GENERAL ELECTRIC CORPORATION v. CALIFORNIA INSURANCE GUARANTY ASSOCIATION, ET AL.; from Jefferson County; 9th district (09-97-00481-CV, 997 SW2d 923, 08-31-99)

as corrected, redrafted

motion to strike granted

99-1250 JIM and DELORES DAY v. MARY TRIPP, FRED JONES, LLOYD ADAMS, DAVID WARD, and CATHERINE WARD; from Travis County; 3rd district (03-97-00480-CV, RULE 47.7, 07-29-99)

as corrected

99-1272 DESTEC PROPERTIES LIMITED PARTNERSHIP v. FREESTONE CENTRAL APPRAISAL DISTRICT, ET AL.; from Freestone County; 10th district (10-98-00033-CV, 6 SW3d 601, 08-31-99)



00-0026 TRANSPORT LIFE INSURANCE COMPANY v. T. PATRICK NACOL; from Tarrant County; 2nd district (02-97-00297-CV, RULE 47.7, 09-16-99)

00-0071 CHARLOTTE JANE SQUYRES and SHANE HASTINGS SQUYRES v. JAMIE REESE ROBERTS, individually and as independent co-executor of THE ESTATE OF VIRGINIA R. REESE and WHITNEY ELIZABETH REESE, TINDAL HARDING REESE, JOHN B. REESE, and COURTNEY KING REESE, and FIRST BANK AND TRUST EAST TEXAS; from Angelina County; 9th district (09-98-00034-CV, 4 SW3d 485, 11-18-99)

00-0082 HOLLY RODRIGUEZ, individually and as heir of THE ESTATE OF LORENZO RODRIGUEZ, JR. v. TINSMAN & HOUSER, INC.; from Bexar County; 4th district (04-99-00177-CV, 13 SW3d 47, 12-15-99)

as corrected

Justice Hecht notes his dissent


00-0105 CITY OF SAN ANTONIO and GALDINO M. VILLANUEVA, JR. v. MARIA DOLORES HANKS, FELIX MEDINA, JESSE S. MEDINA, JUANITA VICTORIA LUNA, PHILLIP LOPEZ and TONY H. LOPEZ, individually and on behalf of THE ESTATE OF DAN MEDINA and SUSIE MEDINA; from Bexar County; 4th district (04-99-00216-CV, RULE 47.7, 12-22-99)

2 petitions

00-0159 JOSE CARRERAS, M.D. v. SIMON RAMIREZ and CYNTHIA RAMIREZ; from Hidalgo County; 13th district (13-98-00517-CV, 10 SW3d 757, 01-6-00)

00-0174 MICHAEL E. MCDANIEL and THE MEMC CORPORATION v. K3 ENTERPRISES and CHARLES SATTERWHITE, individually and as trustee for K3 ENTERPRISES and RAY ARNOLD d/b/a SERVCO; from Brazos County; 10th district (10-99-00112-CV, 8 SW3d 455, 01-05-00)

00-0186 RICHARD QUIMBY d/b/a RESCUE TOWING v. TEXAS DEPARTMENT OF TRANSPORTATION; from Travis County; 3rd district (03-99-00266-CV, 10 SW3d 778, 01-13-00)

2 petitions

00-0223 CLARENCE J. GRIPPE v. FROZEN FOOD EXPRESS INDUSTRIES, INC. and FROZEN FOOD TRANSPORTATION SERVICES, INC.; from Dallas County; 5th district (05-99-00018-CV, RULE 47.7, 12-14-99)

Justice Hecht notes his dissent


00-0238 TEXAS RATEPAYERS' ORGANIZATION TO SAVE ENERGY, INC. and TEXAS LEGAL SERVICES CENTER, INC. v. TEXAS UTILITIES ELECTRIC COMPANY; from Travis County; 3rd district (03-99-00329-CV, RULE 47.7, 01-27-00)

00-0272 FIDELITY NATIONAL TITLE INSURANCE COMPANY v. HEART OF TEXAS TITLE COMPANY; from Williamson County; 3rd district (03-98-00473-CV, RULE 47.7, 01-06-00)

00-0286 TEXAS WORKERS' COMPENSATION INSURANCE FUND v. LUCAS LOPEZ; from Jim Wells County; 4th district (04-98-00338-CV, ___ SW3d ___, 01-12-00)

as corrected

00-0303 NORTHWESTERN NATIONAL COUNTY MUTUAL INSURANCE COMPANY v. LOURDES RODRIGUEZ; from Maverick County; 4th district (04-99-00027-CV, 18 SW3d 718, 02-09-00)

as corrected

00-0355 ONE 1992 FORD EXPLORER v. THE STATE OF TEXAS; from Dallas County; 5th district (05-97-01023-CV, RULE 47.7, 02-29-00)

00-0361 WHITECO METROCOM, INC. d/b/a WHITECO, and WHITECO INDUSTRIES, INC. d/b/a WHITECO v. TEXAS UTILITIES ELECTRIC COMPANY; from Dallas County; 5th district (05-97-02152-CV, RULE 47.7, 02-28-00)

00-0376 STANLEY ROSENTHAL, individually and as the executor of THE ESTATE OF BETTY ROSENTHAL v. THE CITY OF BAY CITY, TEXAS; from Matagorda County; 13th district (13-98-00274-CV, RULE 47.7, 02-24-00)

as redrafted

00-0399 RAY CRAIN and CREDIT MANAGEMENT CONSULTING COMPANY v. THE UNAUTHORIZED PRACTICE OF LAW COMMITTEE OF THE SUPREME COURT OF TEXAS and JEFF LEHMANN; from Harris County; 1st district (01-98-01010-CV, 11 SW3d 328, 12-23-99)

as supplemented

00-0407 BRUCE COANE and COANE & ASSOCIATES v. WILLIAM S. HELFAND; from Harris County; 1st district (01-98-00918-CV, 12 SW3d 152, 02-03-00)





00-0415 CHARLES O. SHIELDS, as independent executor of THE ESTATE OF FLETCHER G. LIPPITT, JR., and CHARLES O. SHIELDS, individually v. TEXAS SCOTTISH RITE HOSPITAL FOR CRIPPLED CHILDREN d/b/a TEXAS SCOTTISH RITE HOSPITAL FOR CHILDREN; from Dallas County; 11th district (11-97-00383-CV, 11 SW3d 457, 01-27-00)

00-0429 RSP MANAGEMENT SERVICES, INC. v. UNIVESCO, INC., ROBERT J. WERRA and AIRPORT OF HARBOR POINT, L.L.C.; from Dallas County; 5th district (05-99-00797-CV, RULE 47.7, 03-20-00)

00-0438 WILLIAM F. STOLHANDSKE v. JEFFREY M. STERN, STEVE GORDON, STERN & ASSOCIATES, STERN, GORDON & SCHECHTER, and STERN & GORDON; from Harris County; 1st district (01-98-00954-CV, 14 SW3d 810, 03-16-00)

00-0444 MID-CONTINENT CASUALTY COMPANY v. SAFE TIRE DISPOSAL CORPORATION OF TEXAS and SAFE TIRE DISPOSAL CORPORATION; from Ellis County; 10th district (10-98-00294-CV, 16 SW3d 418, 03-22-00)

00-0447 UNDERWRITERS AT INTEREST and STEVEN RICHARD BISHOP, representative of LLOYD'S ON COVER NOTE EE 8800246, each severally but not jointly v. UNITED SERVICES AUTOMOBILE ASSOCIATION; from Harris County; 14th district (14-98-00234-CV, RULE 47.7, 03-30-00)

00-0448 ANTONIO TORRES, JR. and MARIA TERESA TORRES v. DON BLANTON d/b/a TXON COMMERCIAL REAL ESTATE CO.; from Dallas County; 11th district (11-98-00292-CV, RULE 47.7, 02-24-00)

as corrected

00-0466 SEARIVER MARITIME, INC. v. ULYSSES HENTZ; from Harris County; 1st district (01-99-00168-CV, RULE 47.7, 03-23-00)

00-0476 MONTGOMERY WARD & CO., INC. v. DENTON COUNTY APPRAISAL DISTRICT and DENTON COUNTY APPRAISAL REVIEW BOARD; from Denton County; 2nd district (02-99-00113-CV, 13 SW3d 828, 02-24-00)

00-0477 TELEVENTURES, INC. v. INTERNATIONAL GAMING TECHNOLOGY and IGT; from Travis County; 3rd district (03-99-00116-CV, 12 SW3d 900, 02-25-00)



00-0480 JOHNETTE LANGFORD and JOSEPH LANGFORD v. THE TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES; from Travis County; 3rd district (03-99-00377-CV, RULE 47.7, 03-30-00)

00-0511 LUMBERMENS MUTUAL CASUALTY COMPANY v. EVERETT CARROLL and BETTY CARROLL, individually and d/b/a CARROLL WATER WELL SERVICE; from Jackson County; 13th district (13-99-00006-CV, RULE 47.7, 04-06-00)

00-0520 H. EARL UNDERWOOD and MICHAEL JAMES v. CHARLES V. BROWN and MARGARET PROCK; from Denton County; 2nd district (02-99-00067-CV, RULE 47.7, 03-02-00)

00-0526 DAVID EVERITT, TENNIE EVERITT, ERNEST MURPHY, and PRACTICE MANAGEMENT ASSOCIATES, INC. v. TRANSPORTATION INSURANCE COMPANY; from Bexar County; 4th district (04-99-00657-CV, RULE 47.7, 03-22-00)

as redrafted

00-0534 ELIAS ESCOBEDO v. CITY OF SAGINAW; from Tarrant County; 2nd district (02-00-00058-CV, RULE 47.7, 03-30-00)

00-0564 LAURA HEVRON, individually and DENNIS HEVRON, individually and as next friend of LAURA HEVRON v. DR. GREGORY J. PEARL; from Dallas County; 5th district (05-97-02067-CV, RULE 47.7, 02-17-00)

(Justice Hankinson not sitting)

00-0575 THE STATE OF TEXAS v. ERMA RAYFORD, individually, and BABY IMAGES, INC.; from Dallas County; 5th district (05-97-00926-CV, ___ SW3d ___, 04-27-00)

00-0591 GATEWAY CENTER ASSOCIATES v. GRAPEVINE-COLLEYVILLE INDEPENDENT SCHOOL DISTRICT; from Tarrant County; 2nd district (02-99-00064-CV, RULE 47.7, 04-27-00)

(Justice Hankinson not sitting)

00-0600 MARY ELLEN CORMACK, individually and as independent executrix of THE ESTATE of her husband, DONALD E. CORMACK, deceased v. ASPENTECH, INC. and ASPEN TECHNOLOGY, INC.; from Harris County; 1st district (01-99-00444-CV, RULE 47.7, 03-30-00)



00-0607 CHARLES MINCY v. TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES; from Travis County; 3rd district (03-99-00432-CV, RULE 47.7, 05-18-00)

00-0615 JESS DUTTON v. VICKIE DUTTON; from Taylor County; 11th district (11-99-00251-CV, 18 SW3d 849, 05-04-00)

00-0624 LORETTA RICHARD v. WELLS, WILLIFORD, FELBER & PURCELL, KEN WILLIFORD; from Tarrant County; 2nd district (02-99-00029-CV, RULE 47.7, 04-20-00)

00-0664 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and GARY SPORN v. RANDALL PERRY; from Taylor County; 11th district (11-99-00197-CV, 16 SW3d 182, 04-13-00)

00-0674 JIMMY ORTIZ v. CITY OF DALLAS; from Dallas County; 5th district (05-99-00436-CV, RULE 47.7, 05-18-00)

00-0680 IBN KHEDRU ANKH a/k/a FREDERICK LOUIS PUGH v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE, ET AL.; from Coryell County; 10th district (10-99-00035-CV, RULE 47.7, 04-19-00)

00-0681 PLAS-TEX, INCORPORATED v. DALTON JONES and CONTEMPORARY PRODUCTS OF TEXAS, INC.; from Travis County; 3rd district (03-99-00286-CV, RULE 47.7, 05-18-00)

00-0692 GLENA JEAN FOX, and KARMA LEE HAMMONDS, as co-independent executrixes of THE ESTATE OF NAOMI RUTH HARPER, deceased v. KAREN ANN PSHIGODA; from Ochiltree County; 7th district (07-99-00453-CV, RULE 47.7, 05-02-00)

00-0703 SCOTT HUNTER v. PRIME CREST APARTMENTS; from Travis County; 3rd district (03-99-00504-CV, RULE 47.7, 05-25-00)

00-0707 CLAYTON MILLER d/b/a TRUCKS, ETC. v. BELL COUNTY, TEXAS and DAN SMITH, SHERIFF OF BELL COUNTY, TEXAS; from Bell County; 3rd district (03-99-00502-CV, RULE 47.7, 05-31-00)

00-0713 JOHN RASHEED SHIKE v. SABA HAMEED SHIKE; from Harris County; 14th district (14-97-00888-CV, RULE 47.7, 04-27-00)







00-0715 FREDYE MAC LONG LYNCH, individually and as next friend of B. T. E. and R. L. E., minors, PAMELA CASSIDY RUSSELL and JOSHUA DAVID CASSIDY v. NORAM ENERGY CORPORATION; from Bowie County; 6th district (06-99-00073-CV, RULE 47.7, 05-30-00)

THE FOLLOWING PETITIONS FOR REVIEW ARE DISMISSED

FOR WANT OF JURISDICTION:



99-1259 EDMUND CARRERA and PAT MICHAEL v. LUISA RODRIGUEZ YEPEZ, ET AL.; from El Paso County; 8th district (08-98-00186-CV, 6 SW3d 654, 10-28-99)

00-0044 THE UNIVERSITY OF HOUSTON v. DON ELTHON; from Harris County; 14th district (14-99-00198-CV, 9 SW3d 351 , 12-2-99)

00-0478 NORTH ALAMO WATER SUPPLY CORPORATION, JIMMY STEIDINGER, and ENGELMAN IRRIGATION DISTRICT v. BFI WASTE SYSTEMS OF NORTH AMERICA, INC. and BROWNING-FERRIS INDUSTRIES, INC.; from Hidalgo County; 13th district (13-99-00469-CV, RULE 47.7, 02-24-00)

motion for sanctions denied

00-0572 BRIDAS CORPORATION v. UNOCAL CORPORATION, DELTA OIL COMPANY LTD., DELTA INTERNATIONAL, and DELTOIL CORPORATION; from Fort Bend County; 14th district (14-99-00796-CV, 16 SW3d 887, 04-27-00)

ORDERS ON MOTIONS

THE FOLLOWING MOTIONS FOR REHEARING OF CAUSES ARE DENIED:


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)

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

98-0753 WACO INDEPENDENT SCHOOL DISTRICT v. LESTER and COQUE GIBSON, REV. JOE N. BEDFORD, A'DRANA GOODEN and CLARA COBB; from McLennan County; 10th district (10-98-00136-CV, 971 SW2d 199, 07-24-98)

98-0994 LEONEL LOPEZ, SR., ZULEMA M. LOPEZ, and LEONEL LOPEZ, JR., individually and on behalf of THE ESTATE OF ELOY LOPEZ, (deceased) v. MUNOZ, HOCKEMA & REED, and ALBERT A. MUNOZ, II, DAVID A. HOCKEMA and ROGER H. REED, individually and d/b/a MUNOZ, HOCKEMA & REED; from Starr County; 4th district (04-97-00752-CV, 980 SW2d 738, 08-26-98)

98-1012 THE KROGER CO. v. SONJA KENG; from Harris County; 12th district (12-97-00267-CV, 976 SW2d 882, 08-31-98)

98-1138 FORT WORTH INDEPENDENT SCHOOL DISTRICT v. CITY OF FORT WORTH, TEXAS, and SOUTHWESTERN BELL TELEPHONE COMPANY; from Tarrant County; 2nd district (02-97-00302-CV, RULE 47.7, 08-20-98)

2 motions

(Justice Hankinson not sitting)

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)

(Justice O'Neill not sitting)


99-0843 IN THE INTEREST OF V. L. K.; from Tarrant County; 2nd district (02-98-00102-CV, 993 SW2d 887, 06-10-99)

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)

99-1212 IN RE SOUTHWESTERN BELL TELEPHONE COMPANY

(Justice Hankinson not sitting)


99-1301 JOE R. STRINGER; DESIREE H. STRINGER v. CENDANT MORTGAGE CORPORATION, d/b/a PHH MORTGAGE SERVICES CORPORATION







THE FOLLOWING MOTIONS FOR REHEARING OF PETITIONS FOR REVIEW

ARE DENIED:



99-0131 KING TOOL COMPANY v. MICHAEL LOREN GLEZEN; from Gregg County; 12th district (12-97-00431-CV, RULE 47.7, 12-31-98)

99-0877 NATIONAL CONVENIENCE STORES, INC., ET AL. v. IDA TAMEZ, individually and as next friend of B. D. T., minor, G. P. MATHERNE as administrator of THE ESTATE OF RAMON TAMEZ, MARGARET BOHANNON and R. L. BOHANNON, individually and as representatives of THE ESTATE OF CHERYL MCCARTY, ET AL.; from Harris County; 14th district (14-96-01484-CV, 999 SW2d 12, 12-17-98)

2 motions

Justice Hecht notes his dissent

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)

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

00-0149 GAYLORD BROADCASTING COMPANY, L.P. and ANGELA HALE v. ROBERT W. FRANCIS; from Dallas County; 5th district (05-99-00481-CV, 7 SW3d 279, 11-24-99)

00-0274 BENJAMIN C. LOCKETT v. AMOCO CHEMICAL COMPANY d/b/a AMOCO CHEMICAL; from Brazoria County; 14th district (14-98-00944-CV, RULE 47.7, 02-03-00)

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 MOTIONS FOR REHEARING OF PETITION FOR WRIT OF

MANDAMUS ARE DENIED:

99-0772 IN RE LIVING CENTERS OF AMERICA, INC., LIVING CENTERS OF TEXAS, INC. and THE VILLAGE HEALTHCARE CENTER





MISCELLANEOUS



THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

00-0152 IN RE THE GNI GROUP, INC. and DISPOSAL SYSTEMS OF CORPUS CHRISTI, INC.

00-0240 IN RE HONORABLE C. G. DIBRELL, III, JUDGE OF COUNTY COURT AT LAW NO. 2 OF GALVESTON COUNTY TEXAS

00-0525 IN RE ANTHONY W. JONES

00-0538 IN RE TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES

stay order of May 30, 2000 lifted

00-0550 IN RE WAYNE FINDLEY, ET AL.

00-0556 IN RE LORING ARDEN GIFFORD, M.D.

motion for temporary relief denied

00-0628 IN RE PAMELA SCHWARTZ SANDER

00-0758 IN RE KIP H. ALLISON

00-0841 IN RE VALERO ENERGY CORPORATION, ET AL.

motion for temporary emergency relief denied

(Order delivered August 18, 2000)

THE PETITION FOR REVIEW IS DISMISSED PURSUANT TO

SETTLEMENT IN THE FOLLOWING CASE:


00-0015 EUGENE MAXSON, PHILLIP MAXSON, WILLIAM ROBERTSON, & WAYNE MATTHEWS v. TRAVIS COUNTY RENT ACCOUNT, BOYD RAY WATKINS, LLOYD D. SMITH, & PATRICIA H. PETTIGREW, as independent executrix for THE ESTATE OF KEITH PETTIGREW; from Travis County; 3rd district (03-98-00404-CV, ___ SW3d ___, 08-26-99)

joint motion to dismiss appeal granted

THE MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR REVIEW

IS DENIED IN THE FOLLOWING CASE:

00-0799 TWELVE HUNDRED and THIRTY-FOUR DOLLARS ($1234.00) and CERTAIN PROPERTY v. THE STATE OF TEXAS; from Bexar County; 4th district (04-99-00565-CV, RULE 47.7, 04-19-00)

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

THE MOTION TO WAIVE FILING FEE FOR A MUNICIPALITY, BEING

TREATED AS A MOTION TO POSTPONE PAYMENT OF THE FILING

FEE UNTIL DISPOSITION OF THE CASE, IS GRANTED

IN THE FOLLOWING CASE:

00-0770 CITY OF SAN ANTONIO and GALDINO M. VILLANUEVA, JR. v. SANTOS FLORES, JR., individually, and a/n/f of S. F., IV, a minor; and RICHARD LAREDO, SR. a/n/f of R. L., JR., a minor, and as representative of THE ESTATE OF MARTHA FLORES, deceased; from Bexar County; 4th district (04-99-00555-CV, RULE 47.7, 06-14-00)

THE FOLLOWING MOTIONS TO CONSOLIDATE ARE DENIED:

00-0278 THOMAS E. BRENTS and DORIS H. BRENTS v. HAYNES & BOONE, WILLIAM RATLIFF, III, and G. DENNIS SHEEHAN; from Dallas County; 5th district (05-97-01906-CV, 10 SW3d 772, 01-13-00)

00-0773 AMERICAN HOME PRODUCTS CORPORATION, A.H. ROBINS COMPANY, INC., and WYETH-AYERST LABORATORIES COMPANY v. CAROL ADAMS, ET AL.; from Tarrant County; 2nd district (02-00-00076-CV, ___ SW3d ___, 06-15-00)

00-0806 AMERICAN HOME PRODUCTS CORPORATION, WYETH-AYERST LABORATORIES COMPANY, a division of AMERICAN HOME PRODUCTS CORPORATION, and A. H. ROBINS COMPANY v. JILL MCCLOUD, TAMMY GALVAN, CAROLYN QUAYLE, and SANDRA SMITH; from Johnson County; 10th district (10-00-00064-CV, RULE 47.7, 07-26-00)

THE MOTIONS TO ORDER THE COURT OF APPEALS' OPINION PUBLISHED

ARE DENIED IN THE FOLLOWING CASE:

99-0967 JOSE DE LOS SANTOS, ET AL. v. COASTAL OIL & GAS CORPORATION, TESORO E&P COMPANY, L.P., and KCS RESOURCES, INC.; from Dallas County; 5th district (05-97-00029-CV, RULE 47.7, 08-17-99)

2 motions

(Justice O'Neill not sitting)



ORDER OF THE COURT

THE FOLLOWING CAUSES ARE SET FOR SUBMISSION ON WEDNESDAY,

SEPTEMBER 20, 2000, AT 9:00 A.M.:

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)

Oral submission of this cause will be conducted at the University of Texas School of Law in Austin, Texas. See Tex. Const. Art. V, § 3(a).

Time allotted to argue: 20/20 minutes




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)

Oral submission of these causes will be conducted at the University of Texas School of Law in Austin, Texas. See Tex. Const. Art. V, § 3(a).

Time allotted to argue: 20/20 minutes

99-1192 ST. JOSEPH HOSPITAL v. STACY LYNN WOLFF and RAY WOLFF and SANDRA WOLFF, individually and as next friends of STACY LYNN WOLFF; from Travis County; 3rd district (03-97-00718-CV, 999 SW2d 579, 08-26-99)

Oral submission of this cause will be conducted at the University of Texas School of Law in Austin, Texas. See Tex. Const. Art. V, § 3(a).

Time allotted to argue: 20/20 minutes



THE FOLLOWING CAUSES ARE SET FOR SUBMISSION ON MONDAY,

OCTOBER 2, 2000 AT 2:00 P.M.:

00-0061 HON. LEE P. BROWN, MAYOR and THE CITY OF HOUSTON v. ROB TODD; from Harris County; 14th district (14-98-00394-CV, 9 SW3d 404, 12-09-99)

Oral submission of this cause will be conducted at the South Texas College of Law in Houston, Texas. See Tex. Const. Art. V, § 3(a).

Time allotted to argue: 20/20 minutes




00-0142 GARY LAWRENCE, ET UX., MARTEE LAWRENCE v. CDB SERVICES, INC.; from Potter County; 7th district (07-98-00356-CV, 16 SW3d 35, 01-20-00)

- consolidated for oral argument with-


00-0201 DANNY LEE LAMBERT and TERESA LAMBERT, individually, and as next friends of RUSTY LAMBERT and REBECCA LAMBERT v. AFFILIATED FOODS, INC.; from Randall County; 7th district (07-98-00371-CV, 20 SW3d 1, 11-16-99)

Oral submission of these causes will be conducted at the South Texas College of Law in Houston, Texas. See Tex. Const. Art. V, § 3(a).

Time allotted to argue: 20/20 minutes



THE FOLLOWING CAUSES ARE SET FOR SUBMISSION ON TUESDAY,

OCTOBER 3, 2000, AT 9:00 A.M.:

99-0755 TEXAS HEALTH ENTERPRISES, INC. d/b/a KERN MANOR and HEA MANAGEMENT GROUP, INC. v. WALTER R. GEISLER, individually and as legal representative of THE ESTATE OF RUTH SIMMONS; from Denton County; 2nd district (02-98-00026-CV, 9 SW3d 163, 06-24-99)

Oral submission of this cause will be conducted at Texas Southern University Thurgood Marshall School of Law in Houston, Texas. See Tex. Const. Art. V, § 3(a).

Time allotted to argue: 20/20 minutes







99-1291 MERITOR AUTOMOTIVE INC. f/k/a ROCKWELL INTERNATIONAL CORPORATION d/b/a ROCKWELL INTERNATIONAL PLASTIC PRODUCTS v. RUAN LEASING COMPANY; from Travis County; 3rd district (03-99-00212-CV, 6 SW3d 726, 11-18-99)

Oral submission of this cause will be conducted at Texas Southern University Thurgood Marshall School of Law in Houston, Texas. See Tex. Const. Art. V, § 3(a).

Time allotted to argue: 20/20 minutes


THE FOLLOWING CAUSES ARE SET FOR SUBMISSION ON WEDNESDAY,

OCTOBER 4, 2000, AT 9:00 A.M.:

00-0081 NICK JOHNSON and JAMES W. CHANG v. BREWER & PRITCHARD, P.C.; from Harris County; 1st district (01-98-01381-CV, 7 SW3d 862, 12-16-99)

Oral submission of this cause will be conducted at the University of Houston Law Center in Houston, Texas. See Tex. Const. Art. V, § 3(a).

Time allotted to argue: 20/20 minutes




99-0966 BRUCE BRADFORD, et al. v. ROELL VENTO, et al.; from Cameron County; 13th district (13-97-00116-CV, 997 SW2d 713, 06-24-99)

Oral submission of this cause will be conducted at the University of Houston Law Center in Houston, Texas. See Tex. Const. Art. V, § 3(a).

Time allotted to argue: 20/20 minutes





THE FOLLOWING CAUSES ARE SET FOR SUBMISSION ON WEDNESDAY,

OCTOBER 11, 2000, AT 9:00 A.M.:

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)

Time allotted to argue: 20/20 minutes

99-1042 QUANTUM CHEMICAL CORPORATION v. RALF TOENNIES; from Harris County; 1st district (01-98-00269-CV, 998 SW2d 374, 08-05-99)

Time allotted to argue: 20/20 minutes

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)

Time allotted to argue: 20/20 minutes

THE FOLLOWING CAUSE IS SET FOR SUBMISSION ON WEDNESDAY,

OCTOBER 18, 2000, AT 9:00 A.M.:

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)

Time allotted to argue: 20/20 minutes












THE FOLLOWING CAUSES ARE SET FOR SUBMISSION ON WEDNESDAY,

NOVEMBER 15, 2000, AT 9:00 A.M.:

00-0816 CITIES OF CORPUS CHRISTI, ET AL. v. PUBLIC UTILITY COMMISSION OF TEXAS, ET AL.

-consolidated for oral argument with -

00-0821 POWER CHOICE, INC. v. PUBLIC UTILITY COMMISSION OF TEXAS and CENTRAL POWER AND LIGHT COMPANY

Time allotted to argue: 25/25 minutes

THE FOLLOWING CAUSES ARE SET FOR SUBMISSION ON WEDNESDAY,

NOVEMBER 29, 2000, AT 9:00 A.M.:

00-0479 CENTEX HOMES and CENTEX REAL ESTATE CORPORATION d/b/a CENTEX HOMES v. MICHAEL A. BUECHER, ET AL.; from Bexar County; 4th district (04-99-00337-CV, 18 SW3d 807, 03-31-00)

Time allotted to argue: 20/20 minutes

99-0670 TEXAS DEPARTMENT OF PUBLIC SAFETY v. BEN BARLOW; from Brazos County; 10th district (10-98-00212-CV, 992 SW2d 732, 05-26-99)

Time allotted to argue: 20/20 minutes