THE SUPREME COURT OF TEXAS
Orders Pronounced August 28, 2003
ORDERS ON CAUSES
01-0057 NATURAL GAS PIPELINE COMPANY OF AMERICA, MIDCON GAS SERVICES CORP., AND CHESAPEAKE PANHANDLE LIMITED PARTNERSHIP v. JOSEPH H. POOL, ET AL.; from Moore County; 7th district (07-99-00428-CV, 30 SW3d 639, 10-12-00)
consolidated with
01-0058 NATURAL GAS PIPELINE COMPANY OF AMERICA, MIDCON GAS SERVICES CORP., AND CHESAPEAKE PANHANDLE LIMITED PARTNERSHIP v. JOSEPH H. POOL, ET AL.; from Moore County; 7th district (07-99-00429-CV, 30 SW3d 618, 10-12-00)
The Court reverses the court of appeals’ judgments and renders judgment.
Opinion of the Court by Justice Owen, joined by Chief
Justice Phillips, Justice Hecht, Justice Schneider,
Justice Smith and Justice Wainwright
Dissenting opinion by Justice Jefferson
(Justice Enoch and Justice O’Neill not sitting)
01-0430 KING RANCH, INC., ET AL. v. WILLIAM WARREN CHAPMAN, III, ET AL.; from Nueces County; 13th district (13-98-00163-CV, 41 SW3d 693, 01-11-01)
2 petitions
The Court reverses the court of appeals’ judgment and renders judgment.
Opinion of the Court by Justice Jefferson
(Justice Enoch and Justice O’Neill not sitting)
02-0942 THE CENTER FOR HEALTH CARE SERVICES, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS v. MICHAEL QUINTANILLA; from Bexar County; 4th district (04-01-00269-CV, 88 SW3d 269, 07-10-02)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses that part of the court of appeals’ judgment affirming the trial court’s denial of the petitioner’s plea to the jurisdiction on respondent’s Health and Safety Code section 161.134 claim, and dismiss that claim for want of jurisdiction.
Per Curiam Opinion
(Justice Enoch not sitting)
03-0012 DALLAS METROCARE SERVICES v. DOROTHY PRATT; from Dallas County; 5th district (05-02-00327-CV, RULE 47.7, 10-07-02)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses in part the court of appeals’ judgment denying petitioner’s plea to the jurisdiction on respondent’s section 161.134 claim, and dismisses that claim for want of jurisdiction.
Per Curiam Opinion
(Justice Enoch not sitting)
ORDERS ON CASES GRANTED
THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
(Justice Enoch not sitting in the following granted petitions for review)
02-0902 GARLAND COMMUNITY HOSPITAL v. DEBI ROSE; from Dallas County; 5th district (05-01-01813-CV, 87 SW3d 188, 08-20-02)
02-0946 SOUTHWEST BANK v. INFORMATION SUPPORT CONCEPTS, INC.; from Tarrant County; 2nd district (02-01-00348-CV, 85 SW3d 462, 08-30-02)
2 petitions
02-0988 LAKESHORE UTILITY COMPANY, INC., SENTRY TITLE COMPANY, INC., ALAN D. WHATLEY, AND THELMA J. WHATLEY v. TEXAS NATURAL RESOURCES CONSERVATION COMMISSION; from Travis County; 3rd district (03-01-00156-CV, 92 SW3d 556, 09-12-02)
2 petitions
02-1014 HARRIS COUNTY, TEXAS & CARL BORCHERS v. FAYE SYKES, INDIVIDUALLY, & A/N/F OF TRENARD BATTLE; from Harris County; 1st district (01-00-01162-CV, 89 SW3d 661, 09-12-02)
(Justice Schneider not sitting)
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE SET FOR ORAL
ARGUMENT:
(Justice Enoch not sitting in the following set petitions for writ of mandamus)
03-0024 IN RE ENTERGY CORPORATION, ET AL.
03-0179 IN RE KANSAS CITY SOUTHERN INDUSTRIES, INC.
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
(Justice Enoch not sitting in the following denied petitions for review)
01-0245 HARRY KENNETH KRABBE, ET AL. v. ANADARKO PETROLEUM CORPORATION; from Potter County; 7th district (07-99-00456-CV, 46 SW3d 308, 02-15-01)
(Justice O’Neill not sitting)
01-0739 LOIS LAW, ET AL. v. NATURAL GAS PIPELINE COMPANY OF AMERICA, ET AL.; from Moore County; 7th district (07-00-00157-CV, 65 SW3d 121, 03-28-01)
(Justice O’Neill not sitting)
02-0601 HARRIS COUNTY EMERGENCY SERVICES DISTRICT NO. 2, ET AL. v. HARRIS COUNTY APPRAISAL DISTRICT, ET AL.; from Harris County; 14th district (14-00-00851-CV, RULE 47.7, 10-25-01)
02-0691 DAVID RODRIGUEZ AND ESMERALDA RODRIGUEZ v. EMC MORTGAGE CORPORATION; from Bexar County; 4th district (04-01-00197-CV, RULE 47.7, 07-03-02)
2 petitions
motion to dismiss petition for review dismissed as moot
motion to take judicial notice and supplement petition for review granted
02-0917 SHIHJANE AND SOLEDAD WANG v. DALLAS CENTRAL APPRAISAL DISTRICT; from Dallas County; 5th district (05-01-00712-CV, 82 SW3d 697, 06-26-02)
02-0927 PHILIP MALCOLM CHANDLER AND RONDA CHANDLER, INDIVIDUALLY AND AS NEXT FRIENDS OF PHILIP MALCOLM CHANDLER, JR. AND JAMIE RENEE CHANDLER v. GENE MESSER FORD, INC., GENE MESSER FORD OF AMARILLO, INC., AND FORD MOTOR CO.; from Dallas County; 11th district (11-00-00332-CV, 81 SW3d 493, 07-03-02)
02-0943 REEF EXPLORATION, INC. v. SHELL COMPANIA ARGENTINA DE PETROLEO S.A.; from Harris County; 1st district (01-01-01008-CV, 84 SW3d 830, 08-29-02)
motion to dismiss petition for review denied
(Justice Schneider not sitting)
02-0981 RICHMOND MOTORCARS, LTD., D/B/A MOMENTUM VOLKSWAGEN/AUDI v. CHRISTIAN HECKY; from Harris County; 10th district (10-01-00357-CV, RULE 47.7, 09-04-02)
02-1062 JACOB P. VIGIL, M.D. v. SALVADOR MONTERO, INDIVIDUALLY AND AS INDEPENDENT ADMINISTRATOR OF THE ESTATE OF SARA MONTERO, DECEASED, AND ON BEHALF OF STATUTORY WRONGFUL DEATH BENEFICIARIES OF SARA MONTERO, DECEASED; from El Paso County; 8th district (08-01-00092-CV, RULE 47.7, 08-29-02)
02-1083 TEXAS A & M UNIVERSITY SYSTEM, ET AL. v. LEON LUXEMBURG; from Galveston County; 14th district (14-00-00105-CV, 93 SW3d 410, 10-03-02)
2 petitions
02-1130 JENNIFER LEE HYLTON v. WILLIAM T. O'BRIEN; from Fort Bend County; 7th district (07-01-00294-CV, 96 SW3d 442, 09-13-02)
02-1164 BENJIA HILL, WIFE OF CHARLIE HILL, DECEASED, JOHNNY HILL AND LOIS YVONNE BOUCHERT, CHILDREN OF CHARLIE HILL, DECEASED AND ESTATE OF CHARLIE HILL, DECEASED BY AND THROUGH BENJIA HILL v. UNIVERSITY OF TEXAS HEALTH CENTER AT TYLER; from Smith County; 12th district (12-02-00084-CV, RULE 47.7, 10-09-02)
consolidated with
02-1165 JAMES H. MCCLAIN, SYBLE MCCLAIN, MAC MCCLAIN, AND JACQUELINE BIRDMAN v. UNIVERSITY OF TEXAS HEALTH CENTER AT TYLER; from Smith County; 12th district (12-01-00363-CV, ___SW3d___, 10-09-02)
consolidated with
02-1166 CLEARANCE WILLARD TAYLOR, GAYLON TAYLOR, BERTHELLEN RABE AND THE ESTATE OF MAMIE FRANKLIN TAYLOR v. UNIVERSITY OF TEXAS HEALTH CENTER AT TYLER; from Smith County; 12th district (12-01-00381-CV, RULE 47.7, 10-09-02)
03-0087 BROWN & ROOT, INC., N/K/A KELLOGG-BROWN & ROOT, INC. v. NANCY MOORE, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE HEIRS AND ESTATE OF ROBERT MOORE, DECEASED; from Morris County; 6th district (06-01-00148-CV, 92 SW3d 848, 12-11-02)
03-0123 JOANNA AND WILLIAM STONE v. JANICE BYRNE, M.D., ISABELLE WILKINS, M.D., AND BAYLOR COLLEGE OF MEDICINE; from Harris County; 1st district (01-01-00959-CV, RULE 47.7, 12-19-02)
(Justice Schneider not sitting)
03-0162 FELIBERTO DE LA GARZA, ET AL. v. GRAY & BECKER, P.C.; from Travis County; 3rd district (03-02-00099-CV, RULE 47.7, 11-21-02)
as redrafted
03-0180 WILMER-HUTCHINS INDEPENDENT SCHOOL DISTRICT v. JUDITH SMILEY, INDIVIDUALLY AND D/B/A JT2 ENTERPRISES, AND DIANA NEWTON-GRAYSON; from Dallas County; 5th district (05-02-00728-CV, 97 SW3d 702, 01-08-03)
03-0184 PROTECTIVE LIFE INSURANCE COMPANY v. PEGGY ANN RUSSELL; from Smith County; 12th district (12-02-00018-CV, ___ SW3d___, 01-31-03)
03-0187 RUBEN MAYNES AND FRANCES MAYNES, INDIVIDUALLY AND ON BEHALF OF THEIR MINOR CHILDREN, RUBY MAYNES, RUBEN MAYES, JACOB MAYNES AND KIMBERLY MAYNES v. THE COUNTY OF EL PASO; from El Paso County; 8th district (08-02-00100-CV, RULE 47.7, 11-07-02)
03-0189 JOHN T. MARRIOTT AND REBECCA A. MARRIOTT v. MARY LOU WILCOX AND MICHAEL ROSCOM; from Montgomery County; 4th district (04-02-00295-CV, 103 SW3d 469, 01-08-03)
03-0210 JOHN ADAIR, ET AL. v. A. O. SMITH, ET AL.; from Harrison County; 6th district (06-02-00163-CV, 96 SW3d 700, 01-24-03)
03-0229 RAJA EL MAJZOUB, INDIVIDUALLY AND AS THE REPRESENTATIVE OF THE ESTATE OF HASSAN EL MAJZOUB, DECEASED, AND AS NEXT FRIEND OF ROJDI EL MAJZOUB AND FARAH EL MAJZOUB v. W. DOUGLAS APPLING, M.D.; from Harris County; 1st district (01-00-00842-CV, 95 SW3d 432, 11-14-02)
(Justice Schneider not sitting)
03-0241 ROY SIMMONS AND JANIS SIMMONS v. THE STATE OF TEXAS; from Lubbock County; 7th district (07-02-00274-CV, 96 SW3d 692, 01-17-03)
03-0248 FERNANDO LOMBANA, M.D. AND HOUSTON MEDICAL AND DENTAL CENTER CORP. v. VICTOR M. ZURITA, D.D.S., INDIVIDUALLY AND D/B/A HEIGHTS MEDICAL AND DENTAL CLINIC; from Harris County; 1st district (01-01-01040-CV, ___ SW3d ___, 05-08-03)
(Justice Schneider not sitting)
03-0275 MARIA BURNAM AND JESSICA CONTRERAS, INDIVIDUALLY AND AS NEXT FRIEND OF MINOR CHILD, ASHLEY JOHNSON v. LOIS WALLACE PATTERSON; from Lubbock County; 7th district (07-01-00461-CV, ___ SW3d ___, 01-30-03)
03-0287 TURN-KEY LEASING, LTD. v. MORGAN BUILDINGS AND SPAS, INC.; from Dallas County; 5th district (05-02-00819-CV, 97 SW3d 871, 02-05-03)
03-0291 MCN ENERGY ENTERPRISES INC., FORMERLY NAMED MCN INVESTMENT CORPORATION v. OMAGRO DE COLOMBIA, L. D. C.; from Tarrant County; 2nd district (02-02-00015-CV, 98 SW3d 766, 02-06-03)
03-0302 REAL HOMES, INC. v. BRIAN BOOKER AND DONNA BOOKER, INDIVIDUALLY AND AS NEXT FRIENDS TO CHASE BOOKER AND AVERY BOOKER; from Medina County; 4th district (04-02-00122-CV, 103 SW3d 487, 02-26-03)
03-0310 VIRGINIA MARTINE RIGBY, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF JEWELL UNDERWOOD v. HEALTHCARE CENTERS OF TEXAS, INC. D/B/A THE LA PORTE HEALTHCARE CENTER; from Harris County; 14th district (14-00-00790-CV, 97 SW3d 610, 12-12-02)
2 petitions
03-0311 AARON LUNA v. UNITED PARCEL SERVICE, INC. AND PAT CASSITY; from Fort Bend County; 1st district (01-02-00144-CV, ____ SW3d ___, 01-09-03)
(Justice Schneider not sitting)
03-0329 SCRIPPS TEXAS NEWSPAPERS, L.P. v. DR. ALBERTO BELALCAZAR; from Nueces County; 13th district (13-02-00414-CV, 99 SW3d 829, 02-27-03)
03-0330 IN THE INTEREST OF J.B.W. AND K.G., CHILDREN; from Tarrant County; 2nd district (02-01-00340-CV, 99 SW3d 218, 01-09-03)
03-0331 PENNSYLVANIA PULP & PAPER CO., INC. v. NATIONWIDE MUTUAL INSURANCE CO.; from Harris County; 14th district (14-01-00996-CV, 100 SW3d 566, 02-27-03)
03-0333 RANDY PRETZER, SCOTT BOSSIER, BOSSIER CHRYSLER-DODGE II, INC. v. THE MOTOR VEHICLE BOARD AND MOTOR VEHICLE DIVISION OF THE TEXAS DEPARTMENT OF TRANSPORTATION; from Travis County; 3rd district (03-02-00403-CV, ___SW3d___, 01-16-03)
03-0340 GEORGE L. STIEREN v. KAREN MCBROOM; from Kerr County; 4th district (04-01-00587-CV, 103 SW3d 602, 02-28-03)
03-0342 BARNEY GILLIAM, AS INDEPENDENT EXECUTOR OF THE ESTATE OF MEI-JU CASTLE, AND JOHN WU, AS WRONGFUL DEATH BENEFICIARY OF MEI-JU CASTLE, DECEASED v. MARY HELEN WILSON, M.D., NC-SCHI, INC. D/B/A ABILENE REGIONAL MEDICAL CENTER, QUORUM HEALTH GROUP, INC. D/B/A ABILENE REGIONAL MEDICAL CENTER AND TRIAD HOSPITALS, INC. D/B/A ABILENE REGIONAL MEDICAL CENTER; from Taylor County; 11th district (11-02-00178-CV, ___ SW3d ___, 02-27-03)
03-0345 ENTRAVISION COMMUNICATIONS CORPORATION v. DR. ALBERTO BELALCAZAR; from Nueces County; 13th district (13-02-00429-CV, 99 SW3d 393, 02-27-03)
03-0355 FPL FARMING, LTD. v. TEXAS NATURAL RESOURCES CONSERVATION COMMISSION AND ENVIRONMENTAL PROCESSING SYSTEMS, L.C.; from Travis County; 3rd district (03-02-00477-CV, ___SW3d___, 02-06-03)
03-0356 PET-JA, S.A. v. SHELL COMPANIA ARGENTINA DE PETROLEO, S.A.; from Harris County; 1st district (01-02-00661-CV, RULE 47.7, 03-06-03)
03-0359 ELLER MEDIA COMPANY v. CITY OF HOUSTON, TEXAS; from Harris County; 1st district (01-00-00588-CV, 101 SW3d 668, 03-06-03)
(Justice O’Neill and Justice Schneider not sitting)
03-0363 CINDY CARTER, PIPER-MORGAN ASSOCIATES, INDIVIDUALLY AND D/B/A AEI PROFESSIONAL TEMPORARIES, AND ADMINISTRATIVE EXCHANGE, INC., INDIVIDUALLY AND D/B/A AEI PROFESSIONAL TEMPORARIES v. STEVERSON & COMPANY, INC., INDIVIDUALLY AND D/B/A STEVERSON STAFFING SERVICES; from Harris County; 1st district (01-02-00366-CV, 106 SW3d 161, 03-06-03)
(Justice Schneider not sitting)
03-0365 LESLIE ANDERSON, INDIVIDUALLY, AND AS TRUSTEE FOR THE BENEFIT OF THE GREGORY LLOYD GUSTAVSEN TRUST v. JOHN WAYMON BROWN, RUSSELL VANCE BURAS, LARRY ROBERT HAMMOND AND MICHAEL KIRK ROSS; from Montgomery County; 9th district (09-02-00359-CV, 102 SW3d 245, 03-06-03)
motion for leave to file amended petition for review granted
03-0369 EDWARD BASS AND CARY L. BASS v. T. DELBERT WALKER, WALKER SAND, INC., ELLINGTON DIRT, INC., CAMILLE BUTLER AND ED ROBEAU; from Harris County; 14th district (14-01-00532-CV, 99 SW3d 877, 03-06-03)
03-0370 JULIA HERNANDEZ v. VERONICA K. PIZIAK, M.D. AND SCOTT & WHITE MEMORIAL FOUNDATION D/B/A SCOTT & WHITE MEMORIAL HOSPITAL; from Bell County; 3rd district (03-02-00544-CV, ___ SW3d ___, 02-06-03)
03-0383 ARMER EARWOOD, ET AL., EEW MINERALS, LLC v. NEVILLE G. SMART, JR., ET AL.; from Edwards County; 4th district (04-00-00867-CV, 107 SW3d 1, 01-09-02)
03-0384 JOHN FOX v. BAYLOR UNIVERSITY; from McLennan County; 10th district (10-99-00370-CV, ___ SW3d ___, 01-15-03)
as redrafted
(Chief Justice Phillips not sitting)
03-0392 JORGE LOPEZ VENTURA v. MATERIAL PARTNERSHIPS, INC.; from Harris County; 14th district (14-01-01068-CV, 102 SW3d 252, 03-06-03)
03-0394 EDWARD SKINNER v. THE STATE OF TEXAS; from Brazoria County; 1st district (01-03-00285-CV, ___SW3d___, 04-03-03)
03-0399 IN THE MATTER OF D.J., TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES v. GINGER JOHNSON; from Dallas County; 5th district (05-02-01018-CV, 100 SW3d 658, 03-28-03)
03-0404 BBE, L.L.C. v. OUTDOOR SYSTEMS, INC.; from Dallas County; 11th district (11-01-00052-CV, 105 SW3d 66, 03-20-03)
2 petitions
03-0407 CROW-BILLINGSLEY AIR PARK, LTD. v. AIR PARK-DALLAS ZONING COMMITTEE; from Collin County; 5th district (05-01-01137-CV, RULE 47.7, 05-02-02)
03-0411 KINGS PARK APARTMENTS, LTD., JUDWIN PROPERTIES, INC. AND MARVIN ISGUR v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA; from Harris County; 1st district (01-00-00451-CV, 101 SW3d 525, 01-09-03)
(Justice Schneider not sitting)
03-0413 THOMAS HADNOT AND GAY HADNOT v. STEWART TITLE GUARANTY COMPANY; from Harris County; 1st district (01-02-00801-CV, 101 SW3d 642, 02-27-03)
03-0416 CAROLE KEETON STRAYHORN, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS, AND GREG ABBOTT, ATTORNEY GENERAL OF THE STATE OF TEXAS v. RAYTHEON E-SYSTEMS, INC.; from Travis County; 3rd district (03-02-00346-CV, 101 SW3d 558, 01-30-03)
03-0424 BRUCE HUMPHREY v. AMERICAN MOTORISTS INSURANCE COMPANY; from Comanche County; 11th district (11-02-00191-CV, 102 SW3d 811, 03-27-03)
03-0444 JAMES DAVID MULLER v. TEXAS DEPARTMENT OF PUBLIC SAFETY; from Dallas County; 5th district (05-02-00646-CV, ___SW3d___, 01-29-03)
03-0450 LINDA F. PHILLIPS v. JERRY SUDDERTH, M.D., INDIVIDUALLY, AND WHITE ROCK OTOLARYNGOLOGY ASSOCIATES, A D/B/A AND PROFESSIONAL ASSOCIATION OF DR. SUDDERTH; from Dallas County; 5th district (05-02-01039-CV, ___SW3d___, 04-03-03)
03-0451 JACK D. NOLAN v. GEORGE NEIL LEWIS; from Harris County; 14th district (14-02-00513-CV, 105 SW3d 185, 04-17-03)
03-0458 JOE W. DIMOCK v. LOUISE KADANE, MICHAEL L. GUSTAFSON, AND CARR STALEY AS CO-TRUSTEES OF THE LOUISE TRUST; from Palo Pinto County; 11th district (11-01-00351-CV, 100 SW3d 602, 03-06-03)
consolidated with
03-0459 JOE W. DIMOCK AND E.W. MORAN DRILLING COMPANY v. LOUISE TRUST, MARK W. GRAY AND MICHAEL L. GUSTAFSON; from Palo Pinto County; 11th district (11-01-00352-CV, 100 SW3d 608, 03-06-03)
consolidated with
03-0460 JOE W. DIMOCK AND E.W. MORAN DRILLING COMPANY v. DANIEL P. CRAIG, MARK W. GRAY, MICHAEL L. GUSTAFSON, EDWARD GEORGE KADANE II TRUST, MATTHEW BYRON KADANE TRUST, AND LOUISE TRUST; from Palo Pinto County; 11th district (11-01-00353-CV, 100 SW3d 615, 03-06-03)
consolidated with
03-0461 JOE W. DIMOCK AND E.W. MORAN DRILLING COMPANY v. LOUISE TRUST, KADANE II, L.L.C., MARK W. GRAY AND MICHAEL L. GUSTAFSON; from Palo Pinto County; 11th district (11-01-00354-CV, 100 SW3d 622, 03-06-03)
03-0472 CITIES OF ABILENE, SAN ANGELO AND VERNON, TEXAS v. PUBLIC UTILITY COMMISSION OF TEXAS; from Travis County; 3rd district (03-02-00569-CV, ___ SW3d ___, 02-27-03)
03-0494 ROWENA JENKINS DANIELS v. COMMISSION FOR LAWYER DISCIPLINE STATE BAR OF TEXAS; from Dallas County; 5th district (05-02-01636-CV, ___ SW3d ___, 04-16-03)
03-0502 JEFFREY WALKER v. ERA TROY REALTORS AND MR. C.L. SHEFFY; from Bexar County; 4th district (04-02-00250-CV, ___ SW3d ___, 03-19-03)
as redrafted
03-0520 DERRAL NOBLE v. SOUTHWESTERN PUBLIC SERVICE COMPANY; from Potter County; 7th district (07-02-00206-CV, ___ SW3d ___, 03-28-03)
03-0521 IN THE MATTER OF P.M.; from Bexar County; 4th district (04-02-00691-CV, ___ SW3d ___, 04-30-03)
03-0524 HULEN DWAIN MCENTIRE AND SALLY MCENTIRE v. BAY CITY PLASTICS, INC., BRAZORIA COUNTY DISPOSAL CORPORATION, FIMCO, INC., AND FREEPORT IRON & METAL, INC.; from Brazoria County; 1st district (01-01-00687-CV, 106 SW3d 321, 05-01-03)
03-0530 NAIM SALEM v. WAJEH KHALAF; from Harris County; 1st district (01-01-01208-CV, RULE 47.7, 05-01-03)
(Justice Schneider not sitting)
03-0536 NINA SCHRADE SIEVERS v. EDWARD ROEDER AND DONNA ROEDER; from De Witt County; 13th district (13-01-00109-CV, ___ SW3d ___, 03-27-03)
2 petitions
03-0540 EZELL AND IDA MAE GREEN v. GEMINI EXPLORATION CORPORATION, AND ROBERT EDSEL; from Travis County; 3rd district (03-02-00334-CV, ___ SW3d ___, 05-01-03)
03-0567 ROBBIE WESTBROOK AND LOIS WESTBROOK v. MARK MCBATH, M.D.; from Harris County; 1st district (01-01-00235-CV, ___ SW3d ___, 05-08-03)
(Justice Schneider not sitting)
03-0570 ALFREDO MEKDESSI AKA FOUAD MEKDESSI, INDIVIDUALLY AND DBA FM EXPRESS FOOD MART, INC., AND FM EXPRESS FOOD MART, INC. v. RISC, INC., DBA OF RIGG INSURANCE MANAGERS, INC.; from Tarrant County; 2nd district (02-02-00169-CV, ___ SW3d ___, 03-27-03)
03-0571 BRACEBRIDGE CORPORATION, F/K/A MBNA TEXAS PROPERTIES, INC. v. WALKER ENGINEERING; from Dallas County; 5th district (05-02-01295-CV, 102 SW3d 837, 04-01-03)
as redrafted
03-0575 LAURA MERCADO AND PENNY LITZMAN, INDIVIDUALLY AND ON BEHALF OF NORMA CULBERSON, DECEASED v. WARNER-LAMBERT COMPANY; from Harris County; 1st district (01-02-00353-CV, 106 SW3d 393, 05-08-03)
03-0583 HOUSTON LAND & CATTLE, CO., L.C., v. HARRIS COUNTY APPRAISAL DISTRICT AND HARRIS COUNTY APPRAISAL BOARD; from Harris County; 1st district (01-02-00444-CV, 104 SW3d 622, 02-27-03)
THE FOLLOWING PETITION FOR REVIEW IS DISMISSED FOR WANT OF
JURISDICTION:
03-0402 PASTOR RICK BARR AND PHILEMON HOMES, INC. v. THE CITY OF SINTON; from San Patricio County; 13th district (13-02-00079-CV, ___ SW3d
___, 01-23-03)
(Justice Enoch not sitting)
THE FOLLOWING PETITION FOR REVIEW IS ABATED:
03-0349 VIRGIL F. LIPTAK v. ELIZABETH THORNHILL, ET AL.; from Dallas County; 5th district (05-01-01097-CV, RULE 47.7, 12-05-02)
abatement order issued
(Justice Enoch not sitting)
THE FOLLOWING PETITIONS FOR REVIEW ARE STRUCK PURSUANT TO
TEXAS RULE OF APPELLATE PROCEDURE 9.4(i)
(Justice Enoch not sitting in the following struck petitions)
03-0760 VARRIE LEE v. HUNTSVILLE LIVESTOCK SERVICES, INC.; from Walker County; 14th district (14-02-00182-CV, ___ SW3d ___, 04-03-03)
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., September 8, 2003.”
03-0770 BASSE TRUCK LINE, INC. v. TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; from Travis County; 3rd district (03-02-00272-CV, ___ SW3d ___, 07-11-03)
The Court strikes the petition for review with the following notations: “The petition violates Tex. R. App. P. 9.4(e) and 53.6 and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed no later than 5:00 p.m., September 8, 2003.”
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR
REVIEW ARE DENIED:
(Justice Enoch not sitting in the following denied motions for rehearing)
02-0795 DENTON COUNTY v. TARRANT COUNTY; from Parker County; 2nd district (02-00-00358-CV, 87 SW3d 159, 08-01-02)
02-1086 TAMI RENEE' SMITH v. STEVE LEON SMITH II; from Fannin County; 6th district (06-02-00034-CV, RULE 47.7, 10-03-02)
03-0118 BONNIE JEAN LARSON v. TRAVELERS LLOYDS OF TEXAS INSURANCE COMPANY, ET AL.; from Tarrant County; 2nd district (02-02-00393-CV, RULE 47.7, 12-12-02)
03-0318 BROOKSHIRE GROCERY COMPANY v. ROBERT ELTON SMITH; from Hardin County; 9th district (09-02-00226-CV, 99 SW3d 819, 02-20-03)
03-0339 JANET MAY KENNEDY v. BOBBY JOE KENNEDY; from Hays County; 3rd district (03-02-00025-CV, ___ SW3d ___, 12-05-02)
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR
WRIT OF MANDAMUS ARE DENIED:
(Justice Enoch not sitting in the following denied motions for rehearing)
02-1155 IN RE DIANA GARCIA ENRIQUEZ, ET AL.
03-0295 IN RE MONY SECURITIES CORP, RKPE, INC., THE MONY GROUP, INC., MONY BENEFITS MANAGEMENT CORP., MONY ASSETS CORP., MONY BROKERAGE, INC., MONY INTERNATIONAL AGENCY, INC., MONY REALTY PARTNERS, INC., 1740 VENTURES, INC., AND THE MONY FUND, INC.
03-0544 IN RE ALFRED LEE STONE
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
(Justice Enoch not sitting in the following denied petitions for writ of mandamus)
02-0962 IN RE MASON CORPORATION, MASON INTERNATIONAL SALES CO., INC., OWENS-BROCKWAY GLASS CONTAINER, INC., A1 DIVESTITURES, INC., AZ PRODUCTOS, S.A. DE C.V., FRY'S METALS, INC., COMPLEX ELEMENTS CORPORATION, TETRA TECHNOLOGIES, INC., TETRA MICRONUTRIENTS, INC., COOKSON AMERICA D/B/A COOKSON INVESTMENTS, INC., C.H. ROBINSON COMPANY, TRUCKER DAWGS, INC. AND CELADON TRUCKING SERVICES, INC.
03-0026 IN RE COOK CHILDREN'S MEDICAL CENTER
(Justice Owen not sitting)
03-0104 IN RE TEXAS DEPARTMENT OF HEALTH
stay order issued February 3, 2003, lifted
03-0419 IN RE OCCIDENTAL PERMIAN LTD.
03-0465 IN RE JOHN H. CAMPBELL
(Justice Schneider and Justice Wainwright not sitting)
03-0528 IN RE TENET HEALTHCARE, LTD., D/B/A BROWNSVILLE MEDICAL CENTER
03-0531 IN RE TRAFALGAR HOLDINGS, INC. AND PETER SMETEK & ASSOCIATES, INC.
CORRECTED ORDER
03-0569 IN RE NOBLE A. CRAFT AND JUNELL CRAFT
stay order issued June 25, 2003, lifted
The State of Texas’ motion to allow the State to file and proceed on motion for partial summary judgment in the trial court dismissed as moot
The State of Texas’ motion to limit Supreme Court’s emergency stay of all proceedings in trial court dismissed as moot
(Justice Enoch not sitting)
(Order delivered August 22, 2003)
03-0705 IN RE FORD MOTOR COMPANY
motion for emergency temporary relief denied
Per Curiam Opinion
(Justice Enoch not sitting)
(Order delivered August 22, 2003)
03-0765 IN RE DAVID LEFTON AND ARTHUR LEFTON
emergency motion for immediate temporary relief denied
(Justice Enoch not sitting)
(Order delivered August 25, 2003)
03-0781 IN RE FARMERS GROUP, INC., FARMERS UNDERWRITERS ASSOCIATION, FIRE UNDERWRITERS ASSOCIATION, FARMERS INSURANCE EXCHANGE, AND FIRE INSURANCE EXCHANGE
emergency motion to stay proceedings denied
See Tex. R. App. P. 52.3(e).
(Justice Enoch not sitting)
(Order delivered August 27, 2003)
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS STRUCK
PURSUANT TO TEXAS RULE OF APPELLATE PROCEDURCE 9.4(i):
03-0771 IN RE BASSE TRUCK LINE, INC.
The Court strikes the petition for writ of mandamus with the following notations: “The petition violates Tex. R. App. P. 9.4(e) and is struck.”
THE FOLLOWING APPEAL FROM A DECISION OF THE BOARD OF
DISCIPLINARY APPEALS IS DISMISSED:
03-0714 COMMISSION FOR LAWYER DISCIPLINE v. BILLY D. HULLUM
motion to dismiss appeal granted
(Justice Enoch not sitting)
ORDER OF THE COURT
THE FOLLOWING CAUSES ARE SET FOR SUBMISSION ON WEDNESDAY,
NOVEMBER 5, 2003, AT 9:00 A.M.:
(Justice Enoch not sitting in the following submissions)
02-0902 GARLAND COMMUNITY HOSPITAL v. DEBI ROSE; from Dallas County; 5th district (05-01-01813-CV, 87 SW3d 188, 08-20-02)
Time allotted to argue: 20/20 minutes
02-0946 SOUTHWEST BANK v. INFORMATION SUPPORT CONCEPTS, INC.; from Tarrant County; 2nd district (02-01-00348-CV, 85 SW3d 462, 08-30-02)
Time allotted to argue: 20/20 minutes
(Justice Schneider not sitting)
THE FOLLOWING CAUSES ARE SET FOR SUBMISSION ON WEDNESDAY,
NOVEMBER 12, 2003, AT 9:00 A.M.:
02-1014 HARRIS COUNTY, TEXAS & CARL BORCHERS v. FAYE SYKES, INDIVIDUALLY, & A/N/F OF TRENARD BATTLE; from Harris County; 1st district (01-00-01162-CV, 89 SW3d 661, 09-12-02)
Oral argument of this cause will be conducted on Wednesday, November 12, 2003, at 9:00 a.m. in the T. Gerald Treece Courtroom at the South Texas College of Law, Houston, Texas. See Tex. Const. Art. V.§ 3(a).
Time allotted to argue: 20/20 minutes
03-0024 IN RE ENTERGY CORPORATION, ET AL.
Oral argument of this cause will be conducted on Wednesday, November 12, 2003, at 9:00 a.m. in the T. Gerald Treece Courtroom at the South Texas College of Law, Houston, Texas. See Tex. Const. Art. V.§ 3(a).
Time allotted to argue: 20/20 minutes
03-0179 IN RE KANSAS CITY SOUTHERN INDUSTRIES, INC.
Oral argument of this cause will be conducted on Wednesday, November 12, 2003, at 9:00 a.m. in the T. Garald Treece Courtroom at the South Texas College of Law, Houston, Texas. See Tex. Const. Art. V.§ 3(a).
Time allotted to argue: 20/20 minutes
THE FOLLOWING CAUSE IS SET FOR SUBMISSION ON WEDNESDAY,
NOVEMBER 19, 2003, AT 9:00 A.M.:
02-0988 LAKESHORE UTILITY COMPANY, INC., SENTRY TITLE COMPANY, INC., ALAN D. WHATLEY, AND THELMA J. WHATLEY v. TEXAS NATURAL RESOURCES CONSERVATION COMMISSION; from Travis County; 3rd district (03-01-00156-CV, 92 SW3d 556, 09-12-02)
Time allotted to argue: 20/20 minutes