THE SUPREME COURT OF TEXAS
Orders Pronounced September 2, 1999
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
99-0378 IN THE MATTER OF E. F., a juvenile; from Travis County; 3rd district (03-97-00803-CV, 986 SW2D 806, 02-25-99)
99-0554 MICHAEL DAVID LEDBETTER v. THE STATE OF TEXAS; from Denton County; 2nd district (02-99-00030-CV, RULE 47.7, 02-25-99)
99-0586 DAPHNAE KARAVONTOS v. WEST UNIVERSITY BANK; from Harris County; 1st district (01-98-00759-CV, RULE 47.7, 05-06-99)
(Chief Justice Phillips not sitting)
99-0623 BEN ARTEAGA v. WILLIE F. JACKSON; from Bowie County; 6th district (06-99-00030-CV, ___ SW2D ___, 06-03-99)
99-0625 GREGG LAMBERT v. FIRST NATIONAL BANK OF BOWIE, ERWIN DAVENPORT and GLYN D. DARDEN; from Montague County; 2nd district (02-98-00392-CV, RULE 47.7, 05-13-99)
99-0632 JOHN L. DANIEWICZ, PRESTON S. BROWN, GARY L. WARREN, F. LYNN WHITEHEAD and B.
RANDALL JEAN v. THERMO INSTRUMENT SYSTEMS, INC., TN TECHNOLOGIES, INC., RAMSEY TECHNOLOGY,
INC. a/k/a THERMO SENTRON, THERMEDICS, INC. and EPSILON INDUSTRIAL, INC.; from Travis
County; 3rd district (03-98-00633-CV, 992 SW2D 713, 05-20-99)
99-0637 JOE and VANESSA CORONADO, and CANDELARIA C. LOPEZ v. TED S. MURRAY, trustee and ESTA B. RESS, trustee; from Brazoria County; 1st district (01-97-00782-CV, RULE 47.7, 04-08-99)
motion for Candelaria C. Lopez to file late response, being treated by this Court as a request for extension of time to file petition for review, is overruled
99-0647 GLENDA ROTH and RICHARD WHATLEY v. FFP OPERATING PARTNERS, L.P. d/b/a DRIVER'S TRAVEL MART; from Wilbarger County; 7th district (07-98-00229-CV, ___ SW2D ___03-24-99)
99-0650 CHARLES E. SAUNDERS v. TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER, DR. MARGARET WEIDOW, and HELEN TIMBLES; from Lubbock County; 7th district (07-99-00067-CV, 05-21-99)
99-0660 ALLAN HAWKINS v. COMMISSION FOR LAWYER DISCIPLINE; from Midland County; 8th district (08-97-00515-CV, 03-18-99)
THE FOLLOWING PETITION FOR REVIEW IS DISMISSED FOR
WANT OF JURISDICTION:
99-0432 EARNEST RAY LENFORD v. JO HARE, M.D., R. L. HARDY, radiologist N. CHANG, M.D.,
C. NGUYAN, M.D., J. H. BALLARD, unit health ADM, and J. REAGAN, M.D.; from Walker County;
1st district (01-98-00706-CV, RULE 47.7, 03-18-99)
THE FOLLOWING PETITION FOR REVIEW IS DISMISSED
PURSUANT TO SETTLEMENT:
98-0621 KEMLITE COMPANY, INC. v. DAVID MACK ALBRIGHT, ET AL.; from Jefferson County;
9th district (09-97-00408-CV, RULE 47.7, 05-14-98)
The Court abated this case on July 8, 1999, to allow the parties to proceed with settlement negotiations. The abatement order expired by its own terms on August 16, 1999. The Court grants the agreed motion to dismiss and dismisses the petition for review.
THE FOLLOWING PETITIONS FOR REVIEW ARE STRUCK PURSUANT TO RULE 9.4(i), TEXAS RULES OF APPELLATE PROCEDURE:
99-0710 BPR ENERGY, INC., by SUZAN L. BEAR, its president, sole director and sole
shareholder of record v. TERI PATRICE FOSTER; from Tarrant County; 2nd district
(02-97-00228-CV, RULE 47.7, 03-11-99)
The Court strikes the petition for review because it exceeds page limits set forth in Tex. R. App. P. 53.6. Petitioner is ordered to redraw; the redrawn petition is due to be filed no later than September 16, 1999. See Tex. R. App. P. 9.4(i), 53.9.
99-0840 BAYLINER MARINE CORPORATION v. DANNY ELDER; from Jefferson County; 9th district
(09-98-00495-CV, ___ SW2D ___, 07-15-99)
The Court strikes the petition for review because it exceeds page limits set forth in Tex. R. App. P. 53.6. Petitioner is ordered to redraw; the redrawn petition is due to be filed no later than September 16, 1999. See Tex. R. App. P. 9.4(i), 53.9.
99-0857 JOSEPH L. TOVAR v. BOARD OF TRUSTEES OF SOMERSET INDEPENDENT SCHOOL DISTRICT;
from Bexar County; 13th district (13-97-00521-CV, ___ SW2D ___, 05-13-99)
The Court strikes the petition for review because its typeface does not comply with
Tex. R. App. P. 9.4(e). Petitioner is ordered to redraw; the redrawn petition is due to be
filed no later than September 16, 1999.
See
Tex. R. App. P. 9.4(i), 53.9.
THE ORDER GRANTING THE FOLLOWING CASES PENDING ON PETITIONS FOR REVIEW IS WITHDRAWN:
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)
The Court withdraws its order of August 26, 1999, granting the petition for review. The
petition for review remains pending; respondent is requested to file a response to the
petition by September 27, 1999.
See
Tex. R. App. P. 53.3.
(Order delivered August 27, 1999)
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)
The Court withdraws its order of August 26, 1999, granting the petition for review. The petition for review remains pending; respondent is requested to file a response to the petition by September 27, 1999. See Tex. R. App. P. 53.3.
(Order delivered August 27, 1999)
ORDERS ON MOTIONS
THE FOLLOWING MOTIONS FOR REHEARING OF PETITIONS FOR
REVIEW ARE OVERRULED:
99-0159 SUSIE CLEMONS and LEONARD CLEMONS v. JAMES DENSON; from Harris County; 1st district (01-96-01454-CV, 981 SW2D 941, 11-25-98)
99-0323 LARRY DALE HATLEY v. JANET DICKERSON MCCARTER; from Dallas County; 5th district (05-97-01903-CV, RULE 47.7, 12-16-98)
THE FOLLOWING MOTION FOR REHEARING OF A PETITION FOR
WRIT OF MANDAMUS IS OVERRULED:
99-0661 IN RE VALLEY BAPTIST MEDICAL CENTER
MISCELLANEOUS
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
99-0844 IN RE MARGARET HUNT HILL, individually, MARGARET HUNT HILL, executrix of the ESTATE OF A. G. HILL, deceased, MARGARET HUNT HILL, trustee of the MARGARET HILL MARITAL TRUST, CHESTER J. DONNALLY, JR., trustee of the MARGARET HUNT HILL-ALBERT G. HILL, III, TRUST
motion for emergency stay and for temporary relief overruled
(Order delivered August 30, 1999)
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED PURSUANT TO
SETTLEMENT:
98-0619 IN RE KEMLITE COMPANY, INC.
The Court abated this case on July 8, 1999, to allow the parties to proceed with
settlement negotiations. The abatement order expired by its own terms on August 16, 1999.
The Court grants the agreed motion to dismiss and dismisses the petition for writ of
mandamus.
THE MOTION FOR EMERGENCY RELIEF IS GRANTED IN THE FOLLOWING
CASE PENDING ON PETITION FOR WRIT OF MANDAMUS:
99-0852 IN RE COMMISSION FOR LAWYER DISCIPLINE and DISTRICT 12B GRIEVANCE COMMITTEE
stay order issued
response requested by 5:00 p.m., September 16, 1999
[NOTE: The petition for writ of mandamus remains pending before this Court.]
THE MOTION FOR EMERGENCY TEMPORARY RELIEF IS GRANTED IN THE
FOLLOWING CASE PENDING ON PETITION FOR WRIT OF MANDAMUS:
99-0830 IN RE SOUTH TEXAS COLLEGE OF LAW and TEXAS A&M UNIVERSITY
stay order issued
[NOTE: The petition for writ of mandamus remains pending before this Court.]
(Order delivered August 26, 1999)