THE SUPREME COURT OF TEXAS

Orders Pronounced August 26, 1999

ORDERS ON CAUSES

98-0322 DRILEX SYSTEMS, INC., MASX ENERGY SERVICES GROUP, INC., and MASCO INDUSTRIES, INC. v. JORGE FLORES and MARIA FLORES, individually and as parents of GINA MARIE FLORES, JOSE LUIS FLORES, and GEORGETTE NICOLE FLORES, minors; from Starr County; 4th district (04-94-00586-CV, 961 SW2D 209, 12-18-96)

The Court grants the Flores family's motion for rehearing, withdraws its majority opinion and judgment of July 1, 1999, and substitutes the opinion and judgment issued today. The Court affirms the court of appeals' judgment, as reformed, and remands the cause to the trial court. The Court overrules the motion for rehearing on behalf of Drilex Systems, Inc., MASX Energy Services Group, Inc., and MASCO Industries, Inc.

Opinion by Justice Abbott, joined by Justice Enoch, Justice Baker,

Justice Hankinson, Justice O'Neill, and Justice Gonzales

98-0514 MOTOR VEHICLE BOARD OF THE TEXAS DEPARTMENT OF TRANSPORTATION v. EL PASO INDEPENDENT AUTOMOBILE DEALERS ASSOCIATION, INC.; from El Paso County; 8th district (08-98-00022-CV, 966 SW2D 783, 04-02-98)

motion to strike petitioner's brief overruled

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' dismissal order and remands the cause to that court.

Per Curiam Opinion

98-0857 GLORIA MARIE HERNANDEZ, a/n/f of RUBEN RICHARD EMETERIO, a minor v. TOKAI CORPORATION and SCRIPTO-TOKAI CORPORATION

unopposed motion to take judicial notice of adjudicative facts granted

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

Opinion of the Court by Justice Hecht

98-0993 THE STATE OF TEXAS v. JOHN SAN MIGUEL, ET AL.; from Harris County; 14th district (14-95-00756-CV, 981 SW2D 342, 07-30-98)

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:

98-0994 LEONEL LOPEZ, SR., ZULEMA M. LOPEZ, and LEONEL LOPEZ, JR., individually and on behalf of the ESTATE OF ELOY LOPEZ, (deceased) v. MUÑOZ, HOCKEMA & REED, L.L.P. and ALBERT A. MUÑOZ, II, DAVID A. HOCKEMA and ROGER H. REED, individually and d/b/a MUÑOZ, HOCKEMA & REED; from Starr County; 4th district (04-97-00752-CV, 980 SW2D 738, 08-26-98)

2 petitions

98-1018 DEAN HUCKABEE v. TIME WARNER ENTERTAINMENT COMPANY, L.P.; from Harris County; 14th district (14-96-01528-CV, ___ SW2D ___, 08-27-98)

(Justice Owen not sitting)

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)

(Justice Hankinson not sitting)

98-1220 HAROLD HAVLEN v. VIVIAN L. MCDOUGALL; from Bexar County; 4th district (04-97-00413-CV, 980 SW2D 767, 09-09-98)

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 for oral argument 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)

99-0041 CASH AMERICA INTERNATIONAL, INC. v. JANOLA BENNETT; from Harris County; 1st district (01-98-00433-CV, RULE 47.7, 12-3-98)

99-0074 HUGHES WOOD PRODUCTS, INC. and BAILEY WAGNER v. MACK M. WAGNER; from Angelina County; 9th district (09-96-00259-CV, 979 SW2D 84, 11-19-98)

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)

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

99-0406 DOUGLAS LEHMANN and VIRGINIA LEHMANN v. HAR-CON CORPORATION; from Harris County; 14th district (14-98-00666-CV, 988 SW2D 415, 07-30-98)

- consolidated for oral argument with -

99-0461 MELVIN G. HARRIS and HELENA M. HARRIS v. HARBOUR TITLE COMPANY; from Harris County; 14th district (14-99-00034-CV, RULE 47.7, 04-08-99)

99-0472 IN THE INTEREST OF O. G. M., a child; from Harris County; 1st district (01-98-00496-CV, 988 SW2D 473, 04-08-99)

ORDERS ON PETITIONS

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

98-1124 IN THE MATTER OF J. E. H., a juvenile; from Montgomery County; 9th district (09-97-00117-CV, 972 SW2D 928, 08-27-98)

99-0065 HARRIS COUNTY, TEXAS v. ROBERT S. WILLIAMS; from Harris County; 1st district (01-97-01320-CV, 981 SW2D 936, 11-25-98)

99-0077 ORYX ENERGY COMPANY as managing general partner of SUN OPERATING LIMITED PARTNERSHIP v. ZAPATA-FENDER, L.L.P., CHARLES SCHOULTZ, ET AL.; from Smith County; 12th district (12-96-00329-CV, RULE 47.7, 11-06-98)

2 petitions

motion to withdraw record dismissed as moot

99-0080 RAMIRO ESTRADA v. WAUSAU INSURANCE COMPANY; from Bexar County; 4th district (04-98-00207-CV, 985 SW2D 480, 10-28-98)

99-0266 LEE GOODMAN, JR. individually and GOODMAN-WADE ENTERPRISES, INC. d/b/a CREATIVE LIVING v. CLARA PAGE; from Tarrant County; 2nd district (02-97-00122-CV, 984 SW2D 299, 11-19-98)

99-0281 TOMMY LITTLEPAGE v. DUNCAN LAND & EXPLORATION, INC.; from Young County; 2nd district (02-97-00172-CV, 984 SW2D 318, 12-17-98)

99-0332 STURM RUGER & COMPANY, INC. v. LONNIE F. LEBLANC; from Jefferson County; 9th district (09-97-00157-CV, RULE 47.7, 03-11-99)

99-0360 BALLY TOTAL FITNESS CORPORATION v. KENNETH HARRIS; from Dallas County; 6th district (06-98-00062-CV, RULE 47.7, 01-15-99)

99-0372 SHIRLEY A. YOUNG and GEORGE A. YOUNG v. THE DETERING COMPANY OF HOUSTON, INC.; from Harris County; 1st district (01-98-01100-CV, RULE 47.7, 02-11-99)

99-0401 MEDICAL CITY DALLAS HOSPITAL, INC. d/b/a COLUMBIA HOSPITAL AT MEDICAL CITY OF DALLAS f/k/a GALEN OF TEXAS, INC. d/b/a MEDICAL CITY DALLAS HOSPITAL and R. COOPER, R.N. v. CLOVIS and JUANITA ROBERTS, individually and as parents and natural guardians of A. R., a minor; from Dallas County; 6th district (06-98-00076-CV, 988 SW2D 398, 03-17-99)

2 petitions

99-0403 VIRGINIA ANN RUSH v. GEORGE T. DERRICK; from Jasper County; 9th district (09-97-00071-CV, RULE 47.7, 03-04-99)

99-0405 CHARLES G. HANEY v. METROPOLITAN LIFE INSURANCE COMPANY; from Harris County; 14th district (14-96-01096-CV, 987 SW2D 236, 03-18-99)

(Justice O'Neill not sitting)

99-0409 DAVID LYNN WEIK v. SECOND BAPTIST CHURCH OF HOUSTON and DAVID RUSSELL DIXON; from Harris County; 1st district (01-95-00625-CV, 988 SW2D 437, 03-25-99)

motion for damages for frivolous appeal overruled

99-0415 MIAMI INDEPENDENT SCHOOL DISTRICT v. DR. MIKE MOSES, TEXAS EDUCATION AGENCY, HUTTO INDEPENDENT SCHOOL DISTRICT, and MISSION CISD; from Travis County; 3rd district (03-98-00326-CV, 989 SW2D 871, 03-25-99)

(Justice Hankinson not sitting)

99-0423 EQUITY TRUST NO.1, G. PHIL BERRYMAN, TRUSTEE, ET AL. v. RAY H. ROMACK; from Freestone County; 10th district (10-97-00021-CV, RULE 47.7, 02-10-99)

99-0426 ROY PRUIT and JESSICA PRUIT, individually and next friend of BRANDON PRUIT and HALEY PRUIT v. DAN ORR, individually and d/b/a DAN ORR REAL ESTATE; from Young County; 2nd district (02-98-00266-CV, 991 SW2D 312, 04-01-99)

99-0430 HELEN BAKER, individually and as the personal representative of the ESTATE OF ROBERT LOUIS BAKER, deceased, and as next friend of her minor children, M. R. B. and E. E. B., and SUZANNE TOMLINSON, individually and as next friend of her minor children v. BELL HELICOPTER TEXTRON, INC., GENERAL MOTORS CORPORATION and AIR CRUISERS CO.; from Tarrant County; 2nd district (02-97-00290-CV, 985 SW2D 272, 01-28-99)

99-0431 DIANA RIVERA, and DIANA RIVERA & ASSOCIATES v. DAVID CALVILLO; from Hidalgo County; 13th district (13-98-00604-CV, 986 SW2D 795, 02-18-99)

99-0452 MESA OPERATING CO. and HUGOTON CAPITAL LIMITED PARTNERSHIP v. CALIFORNIA UNION INSURANCE COMPANY; from Dallas County; 5th district (05-96-00986-CV, 986 SW2D 749, 02-02-99)

99-0455 TERRY TANNER v. TEXAS SPECIALTY UNDERWRITERS, INC.; from Dallas County; 5th district (05-96-01779-CV, ___ SW2D ___, 03-08-99)

99-0457 IN RE JAMES L. (JIM) BARR, JUDGE, 337TH DISTRICT COURT HARRIS, COUNTY, TEXAS

motion to vacate the judgment of the special master and to dismiss for want of jurisdiction or motion for leave to supplement petition for review dismissed as moot

99-0459 CINDY AMADOR and CAROL AMADOR v. SAN ANTONIO STATE HOSPITAL; from Bexar County; 4th district (04-98-00832-CV, ___ SW2D ___, 04-07-99)

99-0460 MARY SCHWEDLER and JEAN PEARCE v. ELAINE WRIGHT, ET AL.; from Lubbock County; 7th district (07-98-00281-CV, RULE 47.7, 04-08-99)

99-0471 CAROL R. BAILEY, BRYAN K. and TIFFANY L. BARNET, HAROLD and BETH A. BLETSCH, LARRY D. and DORIS R. ELLIOTT, ZSIGMOND and S. EILEEN FEKETE, L. RAY and BEVERLY A. GILBERT, E. LEO and A. ALENE JOHNSON, CHARLES M. and DONNA F. KEEN, ET AL. v. MITCHELL ENERGY CORPORATION; from Wise County; 2nd district (02-97-00301-CV, RULE 47.7, 02-25-99)

(Justice O'Neill not sitting)

99-0473 AMBROSIO RODRIGUEZ v. LAFARGE, CORP. and GEN-TEX TRUCKING, INC.; from Harris County; 14th district (14-97-00005-CV, ___ SW2D ___, 02-11-99)

99-0477 JUAN LINO GARZA, TRUSTEE, ET AL. v. ELIZABETH H. COATES MADDUX, ET AL.; from Hidalgo County; 13th district (13-97-00109-CV, 988 SW2D 280, 02-04-99)

motion to delay consideration of petition dismissed as moot

99-0479 TED DAHL, individually and allegedly d/b/a SOUTH TEXAS CONSTRUCTORS v. MADELINE D. SITZES; from Harris County; 1st district (01-97-01177-CV, RULE 47.7, 04-22-99)

99-0480 MARIA GUZMAN v. WAL-MART STORES, INC.; from Cameron County; 13th district (13-97-00260-CV, RULE 47.7, 04-08-99)

99-0492 DIANE V. WELCH, individually and a/n/f of M. W. v. ESTATE OF LEROY GORSKI; from Harris County; 4th district (04-98-00333-CV, ___ SW2D ___, 04-21-99)

2 petitions

99-0493 EUJENIO R. SANCHEZ v. ECTOR COUNTY, TEXAS and PRESTON STEVENS; from Ector County; 8th district (08-98-00006-CV, RULE 47.7, 02-18-99)

99-0502 ALLEN HART and ERNIE WILLIAMS v. WICHITA COUNTY, TEXAS; from Wichita County; 2nd district (02-97-00366-CV, 989 SW2D 2, 03-18-99)

99-0504 PHOENIX HOLDINGS, LTD. v. CIRCLE C LAND CORP.; from Travis County; 3rd district (03-98-00185-CV, 987 SW2D 933, 03-04-99)

99-0524 SOUTHERN PACIFIC TRANSPORTATION COMPANY v. STERLING OUTDOOR ADVERTISING, INC.; from Liberty County; 9th district (09-97-00298-CV, RULE 47.7, 04-22-99)

2 petitions

99-0526 TEXACO PRODUCING, INC. v. MEYER FARMS, INC. and MEYER OIL COMPANY, INC.; from Carson County; 7th district (07-98-0029-CV, ORDER, 03-10-99)

2 petitions

99-0531 SEDONA CONTRACTING, INC. v. FORD, POWELL & CARSON, INC.; from Bexar County; 4th district (04-98-00531-CV, ___ SW2D ___, 03-17-99)

99-0541 ST. PAUL INSURANCE COMPANY v. NANCY MEFFORD and THE TEXAS WORKERS' COMPENSATION COMMISSION; from Dallas County; 5th district (05-96-01581-CV, ORDER, 04-27-99)

99-0547 HELLEN REASONER HUTCHISON, MILBURN E. NUTT, and SUSAN MCRAE v. UNION PACIFIC RESOURCES COMPANY; from Fayette County; 3rd district (03-98-00257-CV, 990 SW2D 368, 03-11-99)

99-0561 JOHN PAUL ROBERTS, M.D. v. DOMINIC AFANGIDEH, individually and next friend of EMEM AFANGIDEH, and ANNA AFANGIDEH, individually; from Dallas County; 11th district (11-97-00302-CV, ___ SW2D ___, 04-28-99)

2 petitions

99-0591 JIM GAWERC v. MONTGOMERY COUNTY, TEXAS; from Montgomery County; 9th district (09-98-00531-CV, RULE 47.7, 05-06-99)

99-0595 DENISE STOCKTON and CECIL P. SAPP v. WILLIAM BELL; from Cameron County; 13th district (13-98-00600-CV, ___ SW2D ___, 02-11-99)

99-0597 BEN E. JARVIS, JULIETTA JARVIS, SARAH JARVIS JONES, ANNELL MELTON SCHOENVOGEL, and ELEANOR MELTON CAMERON v. VALERO EASTEX PIPELINE COMPANY; from Cherokee County; 12th district (12-98-00051-CV, 990 SW2D 852, 03-31-99)

2 petitions

99-0598 LEONA HAMILTON v. VALERO EASTEX PIPELINE COMPANY; from Cherokee County; 12th district (12-98-00232-CV, RULE 47.7, 03-31-99)

99-0599 JESSIE MAE MARTIN, JUANITA MARTIN WARDLAW, DOUGLAS R. MARTIN, and MARY ELLEN MARTIN ROSS v. VALERO EASTEX PIPELINE COMPANY; from Cherokee County; 12th district (12-98-00233-CV, RULE 47.7, 03-31-99)

99-0608 TOP OF THE STRIP, INC. v. TEXAS ALCOHOLIC BEVERAGE COMMISSION; from Bexar County; 4th district (04-98-00705-CV, ___ SW2D ___, 04-07-99)

99-0642 INGRID D. BELLEMERE and CLAUDE BELLEMERE v. RE/MAX MID-CITIES, INC., GENE DUFRANE, and FRAN W. HOOVER, individually and d/b/a RE/MAX MID-CITIES, INC., THE LEE GROUP OF COMPANIES, INC., ERA REAL ESTATE SERVICES, RONALD W. LEE, VICKI HARTNETT, ET AL.; from Tarrant County; 2nd district (02-98-00226-CV, RULE 47.7, 04-01-99)

99-0703 KENNETH FULTS v. R. DALE BENINCASA; from Harris County; 7th district (07-97-00426-CV, RULE 47.7, 06-02-99)

THE FOLLOWING PETITION FOR REVIEW IS DISMISSED FOR

WANT OF JURISDICTION:

98-0624 W. E. KORNDORFFER, M.D. v. WENDALL C. BAKER, SR. and ZOE A. BAKER; from Galveston County; 1st district (01-96-00062-CV, 976 SW2D 696, 12-18-97)

THE FOLLOWING PETITION FOR REVIEW IS DISMISSED AS MOOT:

99-0408 RICK RANDALL v. LARRY LIPSCOMB, PATRICIA MOORE, ROBERT PEFFER, TED REEVES, WILLIAM CARR and ROY MARSHALL; from Denton County; 2nd district (02-98-00084-CV, 985 SW2D 601, 01-07-99)

motion to dismiss granted

THE FOLLOWING PETITION FOR REVIEW IS STRUCK PURSUANT TO RULE 9.4(i), TEXAS RULES OF APPELLATE PROCEDURE:

99-0827 RICHARD FAVALORO v. COMMISSION FOR LAWYER DISCIPLINE and JUDGE JOHN DELANEY; from Dallas County; 5th district (05-96-01778-CV, ___ SW2D ___, 05-26-99)

With the following notation: "The Court strikes the petition for review because its appendix includes substantive briefing in violation of Tex. R. App. P. 53.2(k)(2). Petitioner is ordered to redraw; the redrawn petition is due September 9, 1999. See Tex. R. App. P. 9.4(i), 53.9."

ORDERS ON MOTIONS

THE FOLLOWING MOTIONS FOR REHEARING OF CAUSES ARE OVERRULED:

97-0884 IN RE MASONITE CORP., ABITIBI-PRICE CORP., and MG BUILDING MATERIALS, INC.

(Justice Hankinson not sitting)

97-0885 IN RE MASONITE CORP., ABITIBI-PRICE CORP., and MG BUILDING MATERIALS, INC.

(Justice Hankinson not sitting)

97-0973 CONOCO, INC. v. AMARILLO NATIONAL BANK; from Potter County; 7th district (07-96-00036-CV, 950 SW2D 790, 08-26-97)

97-1168 INGERSOLL-RAND COMPANY, ET AL. v. VALERO ENERGY CORPORATION, ET AL.; from Nueces County; 13th district (13-96-00281-CV, 953 SW2D 861, 09-26-97)

Supplemental opinion of the Court on motion for rehearing by Justice Enoch

(Justice Owen not sitting)

97-1171 IN RE ALFORD CHEVROLET-GEO, ET AL.

98-0047 HECTOR O. YANES, M.D. v. MOLLIE SOWARDS and G. A. SOWARDS; from Tarrant County; 2nd district (02-96-00333-CV, 955 SW2D 456, 10-30-97)

98-0333 GUNN INFINITI, INC. v. DONALD O'BYRNE; from Bexar County; 4th district (04-97-00270-CV, 963 SW2D 787, 01-28-98)

98-0560 KEN FITZGERALD, d/b/a PERFORMANCE ORTHOPAEDICS v. ADVANCED SPINE FIXATION SYSTEMS, INC.

98-0661 TEXAS FARMERS INSURANCE COMPANY v. DAISY MURPHY; from Harris County; 1st district (01-97-00100-CV, 982 SW2D 79, 05-01-98)

98-0835 QUAESTOR INVESTMENTS, INC. v. THE STATE OF CHIAPAS, A STATE OF THE UNITED MEXICAN STATES; from Harris County; 1st district (01-96-01285-CV, 982 SW2D 144, 05-14-98)

98-1070 WAL-MART STORES, INC., ET. AL. v. JEREMIAH McKENZIE; from Anderson County; 11th district (11-96-00275-CV, 979 SW2D 364, 06-04-98)

The Court overrules respondent's motion for rehearing, withdraws its per curiam opinion issued July 1, 1999, and substitutes the opinion issued today.

Per Curiam Opinion

(Justice Baker not sitting)

THE FOLLOWING MOTIONS FOR REHEARING OF

PETITIONS FOR REVIEW ARE OVERRULED:

98-0059 GLENN VICKERY and DIANNE RICHARDS v. HELEN ROBERTA VICKERY; from Harris County; 1st district (01-94-01004-CV, RULE 47.7, 12-04-97)

(Justice Owen not sitting)

98-1244 CENTRAL POWER AND LIGHT COMPANY v. KEITH HENDERSON and LINDA HENDERSON; from San Patricio County; 13th district (13-97-00194-CV, 977 SW2D 439, 08-27-98)

99-0014 JIMMY MAX WRIGHT and FAIRY LYNN WRIGHT v. E.P. OPERATING LIMITED PARTNERSHIP, ET AL.; from Nolan County; 11th district (11-96-00261-CV, 978 SW2D 684, 10-01-98)

99-0015 DR. GEORGE N. STOKES v. LAURI PUCKETT, DEANN CARLTON, and CHERYL SHIRLEY; from Liberty County; 9th district (09-97-00070-CV, 972 SW2D 921, 08-27-98)

99-0138 INTERNATIONAL BANK OF COMMERCE - BROWNSVILLE v. INTERNATIONAL ENERGY DEVELOPMENT CORP.; from Cameron County; 13th district (13-96-00298-CV, 981 SW2D 38, 12-30-98)

99-0175 CIGNA INSURANCE COMPANY OF TEXAS v. KAREN SAFFORD; from Tarrant County; 2nd district (02-97-00385-CV, 983 SW2D 317, 11-25-98)

99-0220 TEXAS CRUDE, INC. v. ENEX RESOURCES CORPORATION and ENEX PROGRAM I PARTNERS, L.P.; from Dallas County; 5th district (05-94-00641-CV, ORDER, 01-26-99)

99-0295 TELEQUESTION, INC. d/b/a TELEQUEST v. U.S. VOICE MAIL, INC. and SOUTHWEST VOICE MAIL, INC.; from Tarrant County; 2nd district (02-97-00373-CV, RULE 47.7, 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)

99-0412 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)

THE FOLLOWING MOTIONS FOR REHEARING OF PETITIONS

FOR WRIT OF MANDAMUS ARE OVERRULED:

99-0344 IN RE MICHAEL NEEL GLEASON

99-0498 IN RE LAVERNIA NURSING FACILITY, INC. d/b/a COUNTRY CARE MANOR, JULIE HETHERINGTON, and SHARON POARCH, R.N.

motion to dismiss, as supplemented, dismissed as moot

motion to strike dismissed as moot

THE FOLLOWING MOTION FOR REHEARING OF A PETITION

FOR WRIT OF HABEAS CORPUS IS OVERRULED:

99-0601 IN RE HOWARD LONG

The Court revokes relator's $500.00 bond and remands relator to the custody of the Harris County Sheriff.

MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

98-0854 IN RE THE MOTOR VEHICLE BOARD of THE TEXAS DEPARTMENT OF TRANSPORTATION, and BRETT BRAY, in his official capacity as director of the board

98-0905 IN RE W. E. KORNDORFFER, M.D.

99-0350 IN RE ALLSERVICE ENVIRONMENTAL, INC.

as redrafted

99-0470 IN RE THEODORE R. MCMILLIN, JR., M.D.

99-0506 IN RE ENTERGY SERVICES, INC., ENTERGY GULF STATES, INC., GULF STATES UTILITIES DRESSER INDUSTRIES, INC., and KOMATSU AMERICA CORPORATION

99-0523 IN RE SANDRA GRIMM

99-0538 IN RE JASON and REBECCA QUIROGA

stay order of July 1, 1999, lifted

99-0567 IN RE EDUARDO M. BENAVIDES

99-0604 IN RE BILLY GENE HINSON, SR.

2 petitions

99-0705 IN RE SIE JOE LANN

99-0771 IN RE THE SILSBEE INDEPENDENT SCHOOL DISTRICT

motion for temporary stay of the court of appeals' mandate overruled

(Order delivered August 20, 1999)

99-0822 IN RE PEDRO LIRA, individually and as representative of all of the heirs of and of the ESTATE OF TERESA LIRA, deceased and as representative of all of the heirs of and of the ESTATE OF ROBERTO LIRA, deceased

motion for emergency stay overruled

(Order delivered August 20, 1999)

99-0823 IN RE ALTO V. WATSON, III

motion for emergency relief overruled

(Order delivered August 24, 1999)

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS, WRIT OF PROHIBITION, AND WRIT OF INJUNCTION IS DENIED:

99-0815 IN RE STACEY ALFONSO

motion for emergency stay overruled

THE MOTION FOR EMERGENCY STAY IS OVERRULED IN THE FOLLOWING CASE PENDING ON PETITION FOR WRIT OF MANDAMUS:

99-0765 IN RE ROBERT A. STERN and TAMMANY A. STERN

response requested by 5:00 p.m., September 3, 1999

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

(Order delivered August 20, 1999)

THE FOLLOWING APPEAL FROM A DECISION OF THE BOARD OF

DISCIPLINARY APPEALS IS WITHDRAWN:

99-0508 IN THE MATTER OF WILLIAM F. BELL

motion to withdraw appeal granted

ORDER OF COURT

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

98-0994 LEONEL LOPEZ, SR., ZULEMA M. LOPEZ, and LEONEL LOPEZ, JR., individually and on behalf of the estate of ELOY LOPEZ, (deceased) v. MUÑOZ, HOCKEMA & REED, L.L.P. and ALBERT A. MUÑOZ, II, DAVID A. HOCKEMA and ROGER H. REED, individually and d/b/a MUÑOZ, HOCKEMA & REED; from Starr County; 4th district (04-97-00752-CV, 980 SW2D 738, 08-26-98)

Time allotted to argue: 20/20 minutes

THE FOLLOWING CAUSES ARE SET FOR SUBMISSION ON WEDNESDAY, NOVEMBER 3, 1999, AT 9:00 A.M.:

98-1018 DEAN HUCKABEE v. TIME WARNER ENTERTAINMENT COMPANY, L.P.; from Harris County; 14th district (14-96-01528-CV, ___ SW2D ___, 08-27-98)

Time allotted to argue: 20/20 minutes

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)

Time allotted to argue: 20/20 minutes

THE FOLLOWING CAUSES ARE SET FOR SUBMISSION ON WEDNESDAY, NOVEMBER 10, 1999, AT 9:00 A.M.:

98-1220 HAROLD HAVLEN v. VIVIAN L. MCDOUGALL; from Bexar County; 4th district (04-97-00413-CV, 980 SW2D 767, 09-09-98)

Time allotted to argue: 20/20 minutes

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 for oral argument 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)

Time allotted to argue: 20/20 minutes

99-0041 CASH AMERICA INTERNATIONAL, INC. v. JANOLA BENNETT; from Harris County; 1st district (01-98-00433-CV, RULE 47.7, 12-3-98)

Time allotted to argue: 20/20 minutes

THE FOLLOWING CAUSES ARE SET FOR SUBMISSION ON WEDNESDAY, NOVEMBER 17, 1999, AT 9:00 A.M.:

99-0074 HUGHES WOOD PRODUCTS, INC. and BAILEY WAGNER v. MACK M. WAGNER; from Angelina County; 9th district (09-96-00259-CV, ___ SW2D ___, 11-19-98)

Time allotted to argue: 20/20 minutes

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)

Time allotted to argue: 20/20 minutes

THE FOLLOWING CAUSES ARE SET FOR SUBMISSION ON WEDNESDAY, DECEMBER 1, 1999, AT 9:00 A.M.:

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, ___ SW2D ___, 10-16-97)

Time allotted to argue: 20/20 minutes

99-0406 DOUGLAS LEHMANN and VIRGINIA LEHMANN v. HAR-CON CORPORATION; from Harris County; 14th district (14-98-00666-CV, 988 SW2D 415, 07-30-98)

- consolidated for oral argument with -

99-0461 MELVIN G. HARRIS and HELENA M. HARRIS v. HARBOUR TITLE COMPANY; from Harris County; 14th district (14-99-00034-CV, RULE 47.7, 04-08-99)

Time allotted to argue: 20/20 minutes

99-0472 IN THE INTEREST OF O. G. M., a child; from Harris County; 1st district (01-98-00496-CV, 988 SW2D 473, 04-08-99)

Time allotted to argue: 20/20 minutes