THE SUPREME COURT OF TEXAS

Orders Pronounced September 18, 2003

ORDERS ON CAUSES

02-0244          IN THE INTEREST OF L.M.I. AND J.A.I., MINOR CHILDREN; from Galveston County; 14th district (14-00-00447-CV, RULE 47.7, 10-18-01)

The Court affirms the court of appeals’ judgment.

Justice O’Neill delivered the Court’s judgment, and the opinion of the Court as to

Parts I, II, and IVA, in which Justice Enoch, Justice Schneider, Justice

Smith, and Justice Wainwright joined, and an opinion as

to Parts III and IVB, in which Justice Enoch, Justice

 Schneider, and Justice Smith joined.

Justice Wainwright delivered a concurring opinion.

Justice Owen delivered a concurring and dissenting opinion, joined

 by Chief Justice Phillips as to all Parts, and joined by Justice

 Hecht and Justice Jefferson as to Part III.

Justice Hecht delivered a dissenting opinion,

 in which Justice Jefferson joined.

The court of appeals’ opinion is ordered published.

ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

(Justice Enoch not sitting in the following denied petitions for review)

03-0585          RUDOLPH W. GUNNERMAN, A-55, L.P., A-55, INC., AND RWG, INC. v. BASIC CAPITAL MANAGEMENT, INC.; from Dallas County; 5th district (05-02-00821-CV, 106 SW3d 821, 05-14-03)

03-0632          BRAD C. MARTIN AND KATHY I. MARTIN v. WESLIE R. MARKS; from Montgomery County; 9th district (09-03-00088-CV, ___ SW3d ___, 05-01-03)

03-0637          CHARLES W. BISHOP, II v. JUDGE ROBERT P. BROTHERTON; from Wichita County; 2nd district (02-03-00118-CV, ___ SW3d ___, 06-18-03)

03-0657          PAUL E. NUNU v. DEL LAGO ESTATES PROPERTY OWNERS ASSOCIATION; from Montgomery County; 9th district (09-09-00606-CV, ___ SW3d ___, 04-10-03)

THE MOTION TO DISMISS THE FOLLOWING PETITION FOR REVIEW IS

DENIED:

03-0748          LARRY JAMES FERGUSON, AS INDEPENDENT EXECUTOR OF THE ESTATE OF L.J. FERGUSON, JR. v. NORMA FERGUSON; from Tarrant County; 2nd district (02-01-00388-CV, 111 SW3d 589, 04-24-03)

(Justice Enoch not sitting)

ORDERS ON MOTIONS FOR REHEARING

THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR

REVIEW IS DENIED:

03-0122          AMILEE WENDT v. THE LAMAR COUNCIL OF CO-OWNERS, ALICE LOSSEN, AND TRULY NOLEN OF AMERICA, INC. D/B/A TRULY NOLEN EXTERMINATION, INC.; from Harris County; 7th district (07-01-00293-CV, RULE 47.7, 07-08-02)

(Justice Enoch and Justice Schneider not sitting)

MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

(Justice Enoch not sitting in the following denied petitions for writ of mandamus)

03-0729          IN RE BILLY R. FLANIGAN

unopposed motion to request acceleration of the Court’s ruling on the petition for writ of mandamus dismissed as moot

03-0738          IN RE MACK CASNER

03-0818          IN RE THE GOODYEAR TIRE & RUBBER COMPANY

stay order issued September 9, 2003 is lifted

(Justice Jefferson not sitting)

(Order delivered September 16, 2003)

THE MOTION FOR EMERGENCY STAY IN THE FOLLOWING PETITION FOR

WRIT OF MANDAMUS IS DENIED:

03-0816          IN RE YUSUF SULTAN D/B/A U.S. CARPET AND FLOORS

[Note: The petition for writ of mandamus remains pending before this Court.]

(Justice Enoch not sitting)

(Order delivered September 15, 2003)

THE MOTION TO WITHDRAW THE MOTION TO STAY IN THE FOLLOWING

PETITION FOR WRIT OF MANDAMUS IS GRANTED:

02-1002          IN RE JUAN M. HERRERA, M. D., ST. PAUL MEDICAL CENTER, ST. VINCENT MEDICAL FOUNDATION, TEXAS HEALTH RESOURCES, AND PAULA BRIGGS, R. N.

motion to stay withdrawn

[Note: The petition for writ of mandamus remains pending before this Court.]

(Justice Enoch not sitting)