THE SUPREME COURT OF TEXAS
Orders Pronounced September 4, 2003
ORDER OF THE COURT
02-0232 WAL-MART STORES, INC. v. LUIS A. CANCHOLA; from Hidalgo County; 13th district (13-00-00095-CV, 64 SW3d 524, 11-29-01)
Pursuant to Texas Rule of Appellate Procedure 59.1, 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
(Justice Enoch not sitting)
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
(Justice Enoch not sitting in the following denied petitions for review)
03-0382 FRANCIS SHARPE v. ROMAN CATHOLIC DIOCESE OF DALLAS; CHARLES V. GRAHMANN, REVEREND, HIS PREDECESSORS AND SUCCESSORS, AS BISHOP OF THE ROMAN CATHOLIC DIOCESE OF DALLAS; RANDAL MATHIS; MUNSCH, HARDT, KOPF, HARR & DINAN, P.C., GEORGE W. BRAMBLET, JR., HAYNES & BOONE, L.L.P.; AND WINDLE TURLEY; from Dallas County; 5th district (05-02-00573-CV, RULE 47.7, 01-24-03)
2 petitions
as redrafted
(Justice Jefferson not sitting)
03-0425 CARLA EICHELBERGER v. ST. PAUL'S MEDICAL CENTER, TEXAS HEALTH RESOURCES, ST. PAUL'S CLINIC, ST. PAUL MEDICAL CENTER, ST. PAUL EMERGENCY DEPARTMENT, DR. SCOTTIE KING, DR. J. CHESSHIRE, DR. L. PHILLIPS, DR. FARROW, DR. M. OLIVEIRA, DR. J. DELEON, DR. DONALD MCKAY, DR. CHRISTOPHER FETNER, AND DR. MICHAEL GRUBER; from Dallas County; 5th district (05-01-00885-CV, 99 SW3d 636, 01-14-03)
03-0572 RUBEN ESPRONCEDA, RAMON AND RAFAEL ESPRONCEDA, MINORS, WILLIAM A. MALLOW AND SHERYL PURSLEY v. CITY OF SAN ANTONIO; from Bexar County; 4th district (04-02-00561-CV, ___ SW3d ___, 05-22-03)
03-0579 LEN VINSKO, IND. & DBA LEN VINSKO & ASSOCIATES v. ITT EDUCATION SERVICES, INC., IND & DBA ITT TECHNICAL SERVICES, A DELAWARE CORPORATION; from Dallas County; 5th district (05-02-00894-CV, ___SW3d___, 03-31-03)
03-0588 ELENORA S. ROBINSON v. ULTRAMAR DIAMOND SHAMROCK CORPORATION; from Harris County; 1st district (01-02-00738-CV, ___ SW3d ___, 05-15-03)
03-0592 PHILIP S. BAYOUD v. PROBATE COURT NO. 2 DALLAS COUNTY, TEXAS; from Dallas County
03-0614 LAMAR VILLA, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF NORA Z. VILLA, DECEASED, LAMAR VILLA, AS NEXT FRIEND OF OLIVIA VILLA, A MINOR, RAUL DAVID VILLA AND TOMAS JAVIER VILLA v. LUBRETT HARGROVE, M.D., CHRISTUS SPOHN HEALTH SYSTEM D/B/A CHRISTUS SPOHN BROOKS FAMILY HEALTH CENTER; from Brooks County; 4th district (04-02-00213-CV, 110 SW3d 74, 04-09-03)
03-0629 IN THE INTEREST OF G.V. AND R.W.; from Harris County; 14th district (14-02-00604-CV, ___ SW3d ___, 05-29-03)
(Justice Schneider not sitting)
03-0653 BETTY LOU MCCOY GRAYSON, ET AL v. CRESCENDO RESOURCES, L.P., ET AL.; from Wheeler County; 7th district (07-02-00003-CV, 104 SW3d 736, 04-30-03)
03-0654 NCS MANAGEMENT CORPORATION F/K/A NATIONWIDE COLLISION SPECIALISTS, INC. v. STERLING COLLISION CENTERS, INC.; from Harris County; 14th district (14-02-00777-CV, 108 SW3d 534, 05-29-03)
THE FOLLOWING PETITION FOR REVIEW IS DISMISSED:
03-0666 DILLARD'S TEXAS OPERATING PARTNERSHIP D/B/A DILLARD'S v. IDA RAMIREZ DENNY; from El Paso County; 8th district (08-01-00442-CV, ___ SW3d ___, 05-08-03)
motion to dismiss petition for review granted
(Justice Enoch not sitting)
THE FOLLOWING PETITION FOR REVIEW IS STRUCK PURSUANT TO
TEXAS RULE OF APPELLATE PROCEDURE 9.4(i)
03-0755 SITQ E.U., INC., SITQ HOLDINGS (U.S.), INC., CANDEREL CORP., AND JONATHAN WENER v. REATA RESTAURANTS, INC., REATA RESTAURANTS MANAGEMENT CO., LTD., LAW, SNAKARD & GAMBILL, P.C., AND RANGE RESOURCES CORPORATION; from Tarrant County; 2nd district (02-01-00405-CV, ___ SW3d ___, 05-22-03)
motion for leave to exceed page limit on petition for review denied
The Court strikes the petition for review with the following notations: “The petition violates Tex. R. App. P. 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 15, 2003.”
(Justice Enoch not sitting)
THE MOTION FOR TEMPORARY ORDERS TO STAY FORECLOSURE AND TO
CONTINUE EXISTING SECURITY IN THE FOLLOWING PETITION FOR REVIEW IS DENIED:
03-0803 SOUTHERN WILD GAME, INC. AND JOHN GLEESON v. WELLS FARGO BANK, KERRVILLE, GREG APPEL, AND BRUCE MCFADDEN; from Kerr County; 4th district (04-02-00725-CV, ___ SW3d___, 06-25-03)
[Note: The petition for review remains pending before this Court.]
(Justice Enoch not sitting)
(Order delivered September 3, 2003)
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR
REVIEW ARE DENIED:
03-0231 ARMANDO M. GARZA, ET AL. v. GRAY & BECKER, P.C.; from Travis County; 3rd district (03-02-00136-CV, RULE 47.7, 12-12-02)
(Justice Enoch not sitting)
03-0467 THOMAS MARVELLI, M.D. v. MINNIE ALSTON; from Tarrant County; 2nd district (02-00-00278-CV, 100 SW3d 460, 01-23-03)
(Justice Enoch and Justice Jefferson not sitting)
MISCELLANEOUS
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
03-0806 IN RE RICHARD ACEVEDO
(Justice Enoch not sitting)
(Order delivered September 3, 2003)
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS REMAINS ABATED:
02-1183 IN RE THE BROWN SCHOOLS REHABILITATION CENTER, HEALTHCARE REHABILITATION CENTER OF AUSTIN, INC., AND HEALTHCARE-BROWN MANAGEMENT COMPANY
abatement order extended
The petition for writ of mandamus remains abated until September 30, 2003. The case will remain removed from this Court's active docket until September 30, 2003, at which time the case will be reinstated on the Court's active docket, absent a showing of extraordinary circumstances.
(Justice Enoch not sitting)
THE MOTION TO CONSOLIDATE IN THE FOLLOWING PETITION FOR WRIT
OF MANDAMUS IS GRANTED:
03-0721 IN RE HOUSTON VILLAGE BUILDERS, INC.
(Justice Enoch not sitting)
consolidated with
03-0612 HOUSTON VILLAGE BUILDERS, INC. v. WILLIAM CRAIG FALBAUM AND JENNIFER P. FALBAUM; from Harris County; 14th district (14-01-01005-CV, 105 SW3d 28, 01-23-03)
(Justice Enoch not sitting)