THE SUPREME COURT OF TEXAS


Orders Pronounced September 7, 2000




ORDERS ON CAUSES


99-0320 AMERICAN AIRLINES EMPLOYEES FEDERAL CREDIT UNION v. TIM MARTIN; from Tarrant County; 2nd district (02-98-00044-CV, 991 SW2d 887, 03-04-99)

The Court affirms in part and reverses in part the court of appeals' judgment and renders judgment.

Opinion by Justice Enoch, joined by Justice Hecht,

Justice Owen, Justice Baker, Justice Hankinson,

Justice O'Neill and Justice Gonzales


Dissenting opinion by Justice Abbott,

joined by Chief Justice Phillips





THE MOTION TO WITHDRAW THE MOTION TO DISMISS IS GRANTED

IN THE FOLLOWING CAUSE:

99-1056 AMERICAN HOME PRODUCTS CORPORATION and WYETH-AYERST LABORATORIES, a division of AMERICAN HOME PRODUCTS CORPORATION v. FAWN C. CLARK, SYLVIA JACOBSON, ANNA KRAUS, SHARLET LAWS, NANCY WEBSTER, DONNA WELCH, DELIA ZEEH, CAROL BODILY, MARY JO HALL and SHONNA BUSH; from Johnson County; 10th district (10-99-00134-CV, 3 SW3d 57, 06-29-99)

motion to dismiss withdrawn



THE MOTION TO RESET ORAL ARGUMENT IS GRANTED IN THE FOLLOWING CAUSES:

00-0821 POWER CHOICE, INC. v. PUBLIC UTILITY COMMISSION OF TEXAS and CENTRAL POWER AND LIGHT COMPANY; from Travis County; 3rd district

- consolidated for oral argument with -


00-0816 CITIES OF CORPUS CHRISTI, ET AL. v. PUBLIC UTILITY COMMISSION OF TEXAS, ET AL.; from Travis County; 3rd district



ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:


00-0455 CONROE MEDICAL BUILDING ASSOCIATES and ANTHONY D. WEYLAND v. MONTGOMERY COUNTY HOSPITAL DISTRICT; from Montgomery County; 9th district (09-98-00466-CV, RULE 47.7, 03-23-00)

00-0537 GARY POOLS, INC. v. LORENA S. MCCAFFETY f/k/a LORENA S. STRAWHECKER; from Travis County; 3rd district (03-99-00390-CV, RULE 47.7, 03-23-00)

00-0603 WAL-MART STORES, INC., ET AL. v. JEREMIAH MCKENZIE; from Anderson County; 11th district (11-96-00275-CV, 997 SW2d 278, 08-26-99)

00-0606 DOLGENCORP OF TEXAS, INC. d/b/a DOLLAR GENERAL STORE v. MELODIE DUPRIE; from Jefferson County; 9th district (09-98-00306-CV, ___ SW3d ___, 05-04-00)

00-0671 FIRST UNITED METHODIST CHURCH OF MURCHISON, TEXAS, a Texas corporation v. DAVID L. THURSTON; from Henderson County; 12th district (12-99-00003-CV, RULE 47.7, 03-28-00)

00-0672 MONETA LYNN HILL v. TEXAS COUNCIL RISK MANAGEMENT FUND; from Gregg County; 6th district (06-99-00114-CV, RULE 47.7, 04-20-00)

00-0678 NANCY WILSON v. DR.KEN KORTHAUER; from Harris County; 14th district (14-99-00051-CV, ___ SW3d ___, 05-18-00)

00-0682 NATHAN DALE CAMPBELL v. THE STATE OF TEXAS; from Harris County; 14th district (14-99-00620-CV, RULE 47.7, 05-25-00)

00-0686 HALLIE SUNSINGER v. RAOUL PEREZ, M.D.; from Polk County; 9th district (09-98-00103-CV, ___ SW3d ___, 04-06-00)

00-0732 IN THE INTEREST OF G. A. T.

00-0733 JAMES C. THOMAS, INC. d/b/a JAMES THOMAS EXXON v. MARTIN DE LA GARZA; from Nueces County; 13th district (13-99-00292-CV, RULE 47.7, 04-13-00)

00-0766 DIVERSIFIED, INC. v. JAMES LEE HALL and ELSIE FAYE HALL; from Harris County; 1st district (01-98-01141-CV, ___ SW3d ___, 03-09-99)



THE FOLLOWING PETITION FOR REVIEW IS STRUCK PURSUANT TO

TEXAS RULES OF APPELLATE PROCEDURE, 9.4(i)

00-0900 CALEB AJIBADE v. EDINBURG GENERAL HOSPITAL a/k/a EDINBURG HOSPITAL and THE CITY OF EDINBURG; from Hidalgo County; 13th district (13-98-00614-CV, RULE 47.7, 05-18-00)

The Court strikes the petition for review with the following notation: "The petition violates Tex. R. App. P. 9.4(e), 9.4(f), 9.4(h), and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed no later than 5:00 p.m. on September 21, 2000. See Tex. R. App. P. 9.4(i)."









ORDERS ON MOTIONS

THE FOLLOWING MOTIONS FOR REHEARING OF PETITIONS FOR REVIEW

ARE DENIED:


00-0031 WILLIAM J. SKEPNEK v. VERNARD RAY MYNATT; from El Paso County; 8th district (08-98-00437-CV, 8 SW3d 377, 11-24-99)

00-0491 JOHN ROBERT STRATTON v. FRANKWELL INVESTMENT SERVICE (TEXAS) INC.; from Harris County; 1st district (01-99-00405-CV, RULE 47.7, 05-05-00)

00-0521 ALVIN LEE HARRISON v. FIFTH COURT OF APPEALS AT DALLAS; from Dallas County; 5th district (05-99-00371-CV, RULE 47.7, 03-31-00)

MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:


00-0811 IN RE ROBERTO G. CASTRO

00-0891 IN RE NORTH AMERICAN REFRACTORIES, CO., HARBISON-WALKER REFRACTORIES CO., A.P. GREEN INDUSTRIES INC., ACandS, INC., ARMSTRONG WORLD INDUSTRIES, INC., ACMC f/k/a NATIONAL GYPSUM COMPANY, QUIGLEY CORPORATION, UNITED STATES GYPSUM COMPANY, FLEXITALLIC, INC., T&N, LTD., U.S. MINERAL PRODUCTS, GEORGIA-PACIFIC CORP., and GARLOCK INC.

motion for temporary relief and stay of trial denied

motion of Dresser Industries, Inc. to intervene as relator dismissed as moot

(Order delivered September 5, 2000)


00-0899 IN RE ARMSTRONG WORLD INDUSTRIES, INC., ASBESTOS CLAIMS MANAGEMENT CORP., f/k/a NATIONAL GYPSUM COMPANY, QUIGLEY COMPANY, UNITED STATES GYPSUM COMPANY, T&N, LTD., and DANA CORPORATION

motion for temporary relief and for expedited consideration denied

(Order delivered September 5, 2000)




THE FOLLOWING MOTION FOR REHEARING OF PETITION FOR WRIT

OF MANDAMUS IS DENIED:

00-0783 IN RE FRED H. MARGOLIN

motion for emergency relief denied

(Order delivered September 1, 2000)




ORDER OF COURT


THE FOLLOWING CAUSES ARE SET FOR SUBMISSION ON WEDNESDAY,

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

00-0821 POWER CHOICE, INC. v. PUBLIC UTILITY COMMISSION OF TEXAS and CENTRAL POWER AND LIGHT COMPANY; from Travis County; 3rd district

- consolidated for oral argument with -


00-0816 CITIES OF CORPUS CHRISTI, ET AL. v. PUBLIC UTILITY COMMISSION OF TEXAS, ET AL.; from Travis County; 3rd district