THE SUPREME COURT OF TEXAS

Orders Pronounced September 9, 1999

ORDERS ON CAUSES

97-1187 MELLON MORTGAGE COMPANY v. ANGELA N. HOLDER, f/k/a ANGELA N. HAMILTON, individually and a/n/f for NICHOLAS C. LASKE; from Harris County; 14th district (14-96-00043-CV, 954 SW2D 786, 08-14-97)

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

Plurality opinion by Justice Abbott, joined by Justice Hecht and Justice Owen

Concurring opinion by Justice Enoch

Concurring opinion by Justice Baker

Dissenting opinion by Justice O'Neill, joined by Chief Justice Phillips

and Justice Hankinson

(Justice Gonzales not sitting)

98-0744 TEXAS COMMERCE BANK, NATIONAL ASSOCIATION, n/k/a CHASE BANK OF TEXAS, NATIONAL ASSOCIATION v. ROBIN NEW d/b/a RIVER CITY AUTO SALES and WILLIAM PACHECO d/b/a PACHECO MOTOR CAR SALES; from Travis County; 3rd district (03-97-00737-CV, 971 SW2D 711, 06-18-98)

motion to strike dismissed as moot

Pursuant to Rule 59.1, Texas Rules of Appellate Procedure, after granting Texas Commerce Bank, National Association, n/k/a Chase Bank of Texas, National Association's petition for review and without hearing oral argument, the Court affirms in part and reverses in part the court of appeals' judgment and renders judgment.

The Court dismisses for want of jurisdiction the petition for review on behalf of Robin New d/b/a River City Auto Sales and William Pacheco d/b/a Pacheco Motor Car Sales. See Tex. R. App. P. 53.7(c).

Per Curiam Opinion

ORDERS ON CASES GRANTED

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS GRANTED:

98-1243 IN RE ALCATEL USA, INC., f/k/a DSC COMMUNICATIONS CORPORATION

(Justice Hankinson not sitting)

ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

98-0881 THE KROGER CO. and DIRECT SOURCE INTERNATIONAL, INC. v. RHONDA RENE ROBINS, individually and a/n/f JACKIE WAYNE ROBINS, JR., a minor, and JACKIE WAYNE ROBINS, SR.; from Harris County; 1st district (01-96-01185-CV, 982 SW2D 156, 07-30-98)

2 petitions

Per Curiam Opinion

98-1139 IN THE INTEREST OF S. H., a minor child; from Hidalgo County; 13th district (13-97-00279-CV, ___SW2D___, 08-20-98)

98-1145 BUILDING CONSTRUCTION SYSTEMS, INC. v. GALLAGHER BRANIFF, INC. d/b/a HENLEY, WILLIAMS & ASSOCIATES and LELAND L. RAUCH; from Harris County; 1st district (01-97-00297-CV, RULE 47.7, 06-25-98)

2 petitions

98-1173 DALLAS AREA RAPID TRANSIT v. PATRICIA ANN WILLIAMS, individually and as next friend to TIFFANY NICOLE LAFARGUE, a minor, and DONTRELL EUGENE WILLIAMS, a minor, and as heirs to the estate of REGINALD D. LAFARGUE; from Dallas County; 5th district (05-96-01485-CV, RULE 47.7, 10-13-98)

(Justice Enoch not sitting)

99-0055 VANGUARD UNDERWRITERS INSURANCE COMPANY v. BOB WILLIAMSON, individually and as administrator of the ESTATE OF KIMBERLY WILLIAMSON and on behalf of PEGGY WILLIAMSON, and DOUGLAS WAYMON WILSON and BONNIE GAY WILSON; from Harris County; 14th district (14-97-00276-CV, RULE 47.7, 12-03-98)

99-0060 CITY OF DALLAS v. GTE SOUTHWEST INCORPORATED; from Denton County; 2nd district (02-97-00379-CV, 980 SW2D 928, 11-05-98)

99-0076 EXXON CORPORATION d/b/a EXXON COMPANY U.S.A. v. EMILY C. MIKSCH; from Harris County; 14th district (14-96-01495-CV, 979 SW2D 700, 09-10-98)

(Justice O'Neill not sitting)

99-0464 MARY ANNE HONEYCUTT and GENE AUSTIN HONEYCUTT v. CALLAN M. BILLINGSLEY; from Brazoria County; 1st district (01-95-01099-CV, 992 SW2D 570, 04-8-99)

2 petitions

99-0478 DWIGHT LYNN GIGOUT, CINDY L. GIGOUT, and CLG & DLG, INC. v. C & L CONSTRUCTORS, INC., JOHN NELSON, BRYANT LEWIS, and POWER MACHINERY, INC.; from Harris County; 1st district (01-96-01109-CV, RULE 47.7, 04-08-99)

99-0482 ALFRED PRUSKE, SR., ET AL. v. STATE OF TEXAS; from Guadalupe County; 4th district (04-98-00552-CV, RULE 47.7, 09-30-98)

99-0509 ESTATE OF CLAUD C. ANDREWS, RAY D. ANDREWS, ET AL. v. BESSIE DAUTREUIL ANDREWS; from Stephens County; 11th district (11-97-00424-CV, RULE 47.7, 02-25-99)

99-0529 ROBBINS CHEVROLET COMPANY and LANDMARK CHEVROLET CORPORATION v. MOTOR VEHICLE BOARD AND MOTOR VEHICLE DIVISION, TEXAS DEPARTMENT OF TRANSPORTATION, AUSTIN CHEVROLET, INC. d/b/a MUNDAY CHEVROLET/GEO, and CHEVROLET MOTOR DIVISION, GENERAL MOTORS CORPORATION; from County; 3rd district (03-98-00005-CV, 989 SW2D 865, 03-25-99)

99-0551 WAYNE MORRIS REEVES, JR. v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION, ET AL.; from Childress County; 7th district (07-97-00027-CV, RULE 47.7, 04-19-99)

99-0563 JACK M. WEBB, Special Deputy Receiver under contract to the Commissioner of Insurance as permanent receiver of EMPLOYERS CASUALTY COMPANY v. DANIEL E. BODINE, CYRIL N. BURKE, WALTER B. CHMIELEWSKI, O. B. FOWLER, JR., SALLY A. GURLEY, WILLIAM R. HEYDUCK, J. F. LOUTHER, DOUG MAHAN, RICHARD J. MCAVOY, ROYCE G. OGDEN, GAROLD J. PENNISTON, ROBERT L. REEVES, and LARRY DOWELL SCARBOROUGH, ET AL.; from Travis County; 3rd district (03-98-00012-CV, 992 SW2D 672, 05-06-99)

99-0566 CYNTHIA FRAZIER v. KHAI LOOG YU; from Tarrant County; 2nd district (02-98-00227-CV, 987 SW2D 607, 02-18-99)

99-0575 BILLY SMITH v. MINYARD FOOD STORES, INC.; from Dallas County; 11th district (11-97-00308-CV, RULE 47.7, 03-25-99)

99-0581 CITY OF HOUSTON v. MARGARITA MARTINEZ and JOSE MARTINEZ, individually and a/n/f of V. M. and E. M.; from Harris County; 14th district (14-97-00609-CV, 990 SW2D 476, 04-15-99)

99-0590 TROY E. ALLEN v. T.D.C.J.-I.D.; from Anderson County; 12th district (12-98-00315-CV, RULE 47.7, 12-31-98)

99-0594 ROBERT MCWHORTER v. DAVID SHELLER; from Harris County; 14th district (14-96-00875-CV, 993 SW2D 781, 05-06-99)

99-0607 RANDY COX v. HARRIS COUNTY HOSPITAL DISTRICT; from Harris County; 13th district (13-97-00426-CV, RULE 47.7, 05-13-99)

99-0620 IN THE MATTER OF THE ESTATE OF MELVIN LYNN WILSON, deceased; from Comanche County; 11th district (11-98-00104-CV, ___ SW2D ___, 04-15-99)

99-0639 THOMAS C. SAWYER, JR. v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE INSTITUTIONAL DIVISION; from Walker County; 1st district (01-96-01019-CV, ___ SW2D ___, 10-15-98)

99-0641 TOBY R. HOLTZMAN v. STEVEN F. HOLTZMAN; from Rockwall County; 6th district (06-98-00075-CV, 993 SW2D 729, 02-25-99)

99-0643 CONVERSION PROPERTIES, L.L.C. v. JOAN WILSON-KESSLER and KAREN LEDESMA; from Dallas County; 5th district (05-97-00056-CV, ___ SW2D ___, 05-24-99)

99-0680 MILTON BUTLER, individually, EARNESTINE BUTLER, individually and as next friend of KEITH B. BUTLER v. CITY OF TERRELL, TERRELL POLICE DEPARTMENT, BARNEY SEALS, and BENNY AYRES; from Kaufman County; 5th district (05-96-01845-CV, RULE 47.7, 02-11-99)

99-0699 ANTHONY EDWARD WEYNAND v. PATRICIA ANN WEYNAND; from Dallas County; 5th district (05-97-00123-CV, 990 SW2D 843, 03-30-99)

99-0706 KATHY PARKER, PHIL PARKER, RICHARD LEACH, LYRICK CORPORATION (f/k/a RCL ENTERPRISES, INC.) d/b/a THE LYONS GROUP, and RCL ENTERPRISES, INC. v. BARBARA JO LINDSEY; from Dallas County; 5th district (05-98-01249-CV, RULE 47.7, 06-02-99)

99-0709 ANDREW HAYDEN v. TEMPORARY EMPLOYMENT ADVISORS, INC., administrator of the TEMPORARY EMPLOYMENT ADVISORS, INC., EMPLOYEE WELFARE BENEFIT PLAN; from Harris County; 14th district (14-98-00815-CV, RULE 47.7, 06-03-99)

99-0724 CHARLES ANTHONY SMITH a/k/a TONY SMITH v. WISE COUNTY BAIL BOND BOARD; from Wise County; 2nd district (02-98-00315-CV, ___ SW2D ___, 06-24-99)

99-0725 MYTECH CORPORATION v. MARC A. AUSMAN, JOHN BOETTIGER, JR., and RICK JAROS; from Travis County; 3rd district (03-98-00134-CV, RULE 47.7, 04-22-99)

motion for damages and sanctions overruled

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

99-0865 RICHARD ALLEN ORTMANN, SR. v. KAREN SUE ORTMANN, n/k/a KAREN SUE BROWN; from Harris County; 14th district (14-98-00052-CV, ___ SW2D ___, 07-22-99)

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 23, 1999. See Tex. R. App. P. 9.4(i), 53.9.

ORDERS ON MOTIONS

THE FOLLOWING MOTIONS FOR REHEARING OF CAUSES ARE OVERRULED:

97-0449 MID-CENTURY INSURANCE COMPANY OF TEXAS, a division of THE FARMERS INSURANCE GROUP OF COMPANIES v. RICHARD LINDSEY; from Upshur County; 6th district (06-96-00055-CV, 942 SW2D 140, 03-13-97)

98-0006 ROSA RODRIGUEZ v. SERVICE LLOYDS INSURANCE COMPANY; from Harris County; 1st district (01-96-00734-CV, 961 SW2D 318, 07-10-97)

98-0728 SOUTHEASTERN PIPE LINE COMPANY INC., TRUSTEE, ET AL. v. FRANCES TICHACEK, ET AL.; from Wharton County; 13th district (13-96-00196-CV, 977 SW2D 393, 06-11-98)

THE FOLLOWING MOTIONS FOR REHEARING OF PETITIONS

FOR REVIEW ARE OVERRULED:

98-1120 SAMCO PROPERTIES, INC., and WAL-MART STORES, INC., d/b/a SAM'S WHOLESALE CLUB v. ROBYN CHEATHAM, ET AL.; from Galveston County; 14th district (14-96-01000-CV, 977 SW2D 469, 10-08-98)

99-0257 AMERICAN PRODUCTS COMPANY, INC. and BEST BRANDS, INC. v. REYNOLDS & STONE, SOUTHWESTERN LABORATORIES, INC., ROGERS-O'BRIEN CONSTRUCTION COMPANY, and D&D FABRICATION & ERECTION, INC.; from Dallas County; 5th district (05-96-01628-CV, ORDER, 02-05-99)

99-0387 MARTIN S. WOZNIAK and CAROLYN S. WOZNIAK v. CHASE MORTGAGE SERVICES, INC. and MORTGAGE GUARANTY INSURANCE CORPORATION; from Tarrant County; 2nd district (02-97-00355-CV, RULE 47.7, 01-28-99)

THE FOLLOWING SECOND MOTION FOR REHEARING OF A PETITION FOR WRIT OF HABEAS CORPUS IS RETURNED:

99-0601 IN RE HOWARD LONG

With the following notation: "As there is no provision in the Texas Rules of Appellate Procedure for a second motion for rehearing, the Court returns the second motion to relator's counsel."

MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

99-0570 IN RE DANIEL C. CADLE and THE CADLE COMPANY

99-0571 IN RE THE CADLE COMPANY and DANIEL C. CADLE

99-0606 IN RE DR. GURUMURTHY KALYANARAM

99-0617 IN RE UNION PACIFIC RAILROAD COMPANY, formerly known as SOUTHERN PACIFIC TRANSPORTATION COMPANY

99-0627 IN RE NOZAKI & CO., LTD. and NOZAKI AMERICA, INC.

99-0653 IN RE TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER

99-0690 IN RE WESTERN AIRCRAFT, INC.

99-0700 IN RE ORKIN EXTERMINATING COMPANY, INC.

99-0734 IN RE BAYERISCH MOTOREN WERKE, AG

99-0743 IN RE MORRISON SUPPLY COMPANY and MSC HOLDINGS, INC.

99-0858 IN RE RED SIMPSON, INC.

motion for immediate temporary relief overruled

(Order delivered September 2, 1999)

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

99-0860 IN RE CROSSROADS, INC., d/b/a WATSON MEMORIAL NURSING HOME

The Court strikes the petition for writ of mandamus for exceeding the page limit set forth in Tex. R. App. P. 52.6 because it incorporates by reference substantive briefing contained in the appendix in violation of Tex. R. App. P. 52.3(j)(2). Relator is ordered to redraw; the redrawn petition is due September 9, 1999. See Tex. R. App. P. 9.4(i).

(Order delivered September 2, 1999)

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED PURSUANT TO SETTLEMENT:

99-0195 IN RE ED NAYLOR and KIRA STADELE

motion to dismiss granted

THE FOLLOWING PETITION FOR WRIT OF INJUNCTION IS DENIED:

99-0707 IN RE KATHY PARKER, PHIL PARKER, RICHARD LEACH, LYRICK CORPORATION (f/k/a RCL ENTERPRISES, INC.) d/b/a THE LYONS GROUP, and RCL ENTERPRISES, INC.

THE MOTION TO STAY AND ABATE IS OVERRULED IN THE FOLLOWING CASE PENDING ON APPEAL FROM THE BOARD OF DISCIPLINARY APPEALS:

99-0545 IN THE MATTER OF BERNARD J. DOLENZ, M. D.

[NOTE: The appeal remains pending before this Court.]

ORDER OF COURT

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

98-1243 IN RE ALCATEL USA, INC., f/k/a DSC COMMUNICATIONS CORPORATION

Time allotted to argue: 20/20 minutes