THE SUPREME COURT OF TEXAS
Orders Pronounced September 23, 1999
ORDERS ON CASES GRANTED
THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
98-1014 CITY OF FORT WORTH, TEXAS v. JULIUS D. ZIMLICH; from Travis County; 3rd
district (03-97-00475-CV, 975 SW2D 399, 08-31-98)
98-1080 UNIVERSITY OF HOUSTON, MATTHEW STEWART, and JON WILLIAMS v. DEMETRIA CLARK;
from Harris County; 14th district (14-96-00005-CV, 979 SW2D 707, 01-30-97)
(Justice O'Neill not sitting)
- consolidated for oral argument with -
99-0326 STEVEN GARY ERNER and HARRIS COUNTY, TEXAS v. FRANCIS G. THOMAS, JR., and JOHN
ALEXANDER ROARKE; from Harris County; 14th district (14-97-00214-CV, ___ SW2D ___,
01-21-99)
(Justice O'Neill not sitting)
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS GRANTED:
99-0026 IN RE JOHN F. MacDONALD
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
99-0051 SUN OPERATING LIMITED PARTNERSHIP, ORYX ENERGY COMPANY, its general partner, FAULCONER ENERGY JOINT VENTURE-1988, GLOBAL NATURAL RESOURCES CORPORATION OF NEVADA, CHEVRON U.S.A., INC., and VANTAGE POINT ENERGY, INC. v. ELIZABETH HOLT, ROBERT P. HOLT, COMFORT HOLT WINDERS, NICK D. HOLT, and COY MILES HOLT; from Hansford County; 7th district (07-97-00010-CV, 984 SW2D 277, 10-29-98)
99-0090 TEXAS WORKERS' COMPENSATION INSURANCE FACILITY v. PEAKLOAD INC., OF BEXAR COUNTY, ET AL.; from Travis County; 3rd district (03-98-00056-CV, RULE 47.7, 11-19-98)
as redrafted
The Court grants respondents' motion to strike appendix A to petitioner's reply brief because the document is not part of the record before the Court. The Court overrules respondents' request for sanctions.
99-0133 GLENN MCMILLAN v. TEXAS NATURAL RESOURCE CONSERVATION COMMISSION and NORTHWEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 24; from Travis County; 3rd district (03-98-00010-CV, ___ SW2D ___, 12-29-98)
99-0294 PRICE WOODS, INC. v. UNITED FACTORS, L.L.C.; from Harris County; 1st district (01-96-01557-CV, RULE 47.7, 08-20-98)
99-0519 DAN and LYNN HUBIN v. SCOTTSDALE INSURANCE COMPANY; from Denton County; 2nd district (02-98-00228-CV, RULE 47.7, 02-25-99)
99-0549 SOUTHWEST COUNTRY ENTERPRISES, INC. v. LUCKY LADY OIL COMPANY; from Tarrant County; 2nd district (02-98-00235-CV, 991 SW2D 490, 05-06-99)
99-0573 CONNIE SHERER v. PEBBLE BEACH PROPERTY OWNERS ASSOCIATION, INC.; from Bandera County; 4th district (04-98-00650-CV, ___ SW2D ___, 04-28-99)
as supplemented
99-0580 WILLIAM PRATER, M.D. v. DEBORAH BYNOG; from Stephens County; 11th district (11-98-00009-CV, RULE 47.7, 05-20-99)
99-0611 SOUTHERN PACIFIC TRANSPORTATION COMPANY v. DAVID W. MALISKA; from Jefferson County; 9th district (09-98-00292-CV, RULE 47.7, 06-03-99)
99-0613 IN THE MATTER OF THE ESTATE OF MAXIE L. BURCHETT; from Denton County; 2nd district (02-99-00073-CV, RULE 47.7, 05-13-99)
99-0622 EDMOND D. REILEY, II v. LISA SHERIE VALDEZ; from Montgomery County; 9th district (09-98-00094-CV, RULE 47.7, 04-08-99)
99-0655 SOUTHERN FARM BUREAU CASUALTY INSURANCE COMPANY v. TERRY and LADONA DUNN; from Smith County; 12th district (12-97-00184-CV, 991 SW2D 467, 04-29-99)
99-0676 RICHARD L. CHANDLER v. RACHEL CHANDLER, WILLIAM R. COPELAND, WELDON S. COPELAND, and WELDON S. COPELAND, JR.; from El Paso County; 8th district (08-97-00484-CV, 991 SW2D 367, 06-09-99)
as amended
99-0682 PAUL GRAY v. FIRE FIGHTER'S AND POLICE OFFICER'S CIVIL SERVICE COMMISSION OF THE CITY OF HOUSTON and THE CITY OF HOUSTON; from Harris County; 1st district (01-97-01080-CV, RULE 47.7, 05-27-99)
99-0685 CHARLES C. CLENDENING, JR., ISLA R. CLENDENING COOK, and ARLEN K. CLENDENING v. BETTY MERLE BOREN DEVINEY and IDA MERLE GOSA, and NATIONSBANK as independent executor of the ESTATE OF WINOLAN TAYLOR, deceased, and trustee of THE WINOLAN TAYLOR TRUST; from McLennan County; 10th district (10-98-00044-CV, ___ SW2D ___, 05-12-99)
99-0686 JASPER EXTERMINATING COMPANY, THOMAS E. SHIVERS, VALENT U. S. A. CORPORATION and FMC CORPORATION v. NORMA E. WILLIAMS; from Jasper County; 9th district (09-97-00331-CV, RULE 47.7, 05-27-99)
99-0708 DEBBIE ESQUIVEL v. MURRAY GUARD, INC.; from Harris County; 14th district (14-97-01432-CV, 536 SW2D 536, 03-18-99)
99-0711 MERITOCRATIC, INC. d/b/a AIRWAY FOODS v. BAY ELECTRIC SUPPLY, INC. d/b/a BESCO; from Harris County; 7th district (07-97-00438-CV, RULE 47.7, 07-06-99)
99-0713 JEFF SLUSHER d/b/a J & K TILE CO. v. RAMSEY-SIAS, INC.; from Dallas County; 5th district (05-97-00111-CV, RULE 47.7, 06-10-99)
99-0715 O. JAN TYLER v. PRESTONRIDGE FINANCIAL SERVICES CORPORATION; from Dallas County; 11th district (11-97-00411-CV, RULE 47.7, 05-13-99)
99-0717 CARL WILLIAMS v. WAYNE SCOTT; from Fort Bend County; 1st district (01-98-00069-CV, RULE 47.7, 05-27-99)
99-0735 ANTHONY E. GILL v. FOURTEENTH COURT OF APPEALS; from Brazoria County; 14th district (14-99-00754-CV, RULE 47.7, 06-30-99)
99-0746 MAGDALENA JAIMES, individually and as next friend of C. J., minor v. FIESTA MART, INC.; from Harris County; 1st district (01-98-00754-CV, RULE 47.7, 06-17-99)
as supplemented
THE FOLLOWING PETITION FOR REVIEW IS STRUCK PURSUANT TO RULE 9.4(i), TEXAS RULES OF APPELLATE PROCEDURE:
99-0924 NATIONAL LAND TITLE CO., INC. d/b/a SAFECO LAND TITLE CO. and EBBY HALLIDAY REAL ESTATE, INC. v. CLARKE NEWMAN and RHONDA NEWMAN; from Dallas County; 8th district (08-97-00637-CV, RULE 47.7, 04-26-99)
The Court strikes National Land Title Co., Inc. d/b/a Safeco Title Co.'s 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 October 7, 1999. See Tex. R. App. P. 9.4(i), 53.9.
ORDERS ON MOTIONS
THE FOLLOWING MOTIONS FOR REHEARING OF CAUSES ARE OVERRULED:
97-1168 INGERSOLL-RAND COMPANY, ET AL. v. VALERO ENERGY CORPORATION, ET AL.; from Nueces County; 13th district (13-96-00281-CV, 953 SW2D 861, 09-26-97)
(Justice Owen not sitting)
98-0806 IN RE USERS SYSTEM SERVICES, INC., USSI COMPUTER SERVICES, INC. and RON LANDRETH
(Justice Hankinson not sitting)
THE FOLLOWING MOTION FOR REHEARING OF A PETITION
FOR REVIEW IS OVERRULED:
99-0536 RICKY REESE v. ALEDO INDEPENDENT SCHOOL DISTRICT, AISD BOARD OF TRUSTEES, ALLEN NORMAN, SUPERINTENDENT; from Parker County; 2nd district (02-98-00320-CV, ___ SW2D ___, 04-01-99)
THE FOLLOWING MOTION FOR REHEARING OF A PETITION FOR WRIT OF MANDAMUS IS DISMISSED AS MOOT:
99-0523 IN RE SANDRA GRIMM
motion to dismiss motion for rehearing granted
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
99-0694 IN RE THE STATE OF TEXAS
99-0770 IN RE PHIL PIERCE, HERSHELL H. PIERCE, PIERCE HOMES, INC., INTERVEST VENTURE CO., INC., and RESIDENTIAL WARRANTY CORPORATION, INC.
99-0817 IN RE HOWARD VANZANDT WILLIAMS
99-0901 IN RE AMERICAN HOME PRODUCTS CORPORATION
motion for temporary relief overruled
99-0927 IN RE KOCH INDUSTRIES, INC., KOCH PIPELINE COMPANY, L.P., KOCH HYDROCARBON COMPANY, and KLP/GP, INC.
motion requesting emergency consideration dismissed as moot
motion requesting immediate temporary relief overruled
(Justice O'Neill not sitting)
(Order delivered September 21, 1999)
THE UNOPPOSED SECOND MOTION TO ABATE IS GRANTED IN THE FOLLOWING CASE PENDING ON PETITION FOR WRIT OF MANDAMUS:
99-0619 IN RE UNIVERSAL HEALTH SERVICES, INC., UNIVERSAL HEALTH SERVICES OF DELAWARE,
INC., and UNIVERSAL HEALTH SERVICES OF MCALLEN, INC., d/b/a MCALLEN MEDICAL CENTER
With the following notation: "The Court abated the petition for writ of mandamus on August 19, 1999. The abatement is continued until October 15, 1999, to allow the trial court to proceed with a hearing on defendants' motion for protective order. It is the parties' responsibility to immediately notify this Court of the trial court's ruling."
(Order delivered September 21, 1999)
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DISMISSED PURSUANT TO SETTLEMENT:
99-0764 IN RE MARINER HEALTH CARE OF NASHVILLE, INC. d/b/a MARINER HEALTH OF SAN ANTONIO
agreed motion to dismiss granted
99-0888 IN RE TEXAS DEPARTMENT OF PUBLIC SAFETY
stay order of September 11, 1999, lifted
agreed motion to dismiss granted
(Order delivered September 17, 1999)
THE MOTION TO PARTIALLY LIFT STAY ORDER 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
This Court's stay order of September 2, 1999, is lifted only to the extent that the trial court may render an order non-suiting the underlying case and release the bond for temporary restraining order in Cause No. C-3698-99-B, styled Mark Cantu v. Commission for Lawyer Discipline, State Bar of Texas, and District 12 Grievance Committee , in the 93 rd District Court of Hidalgo County, Texas.
The petition for writ of mandamus remains pending before this Court.
ORDER OF COURT
THE FOLLOWING CAUSES ARE SET FOR SUBMISSION ON WEDNESDAY, DECEMBER 8,
1999, AT 9:00 A.M.:
98-1014 CITY OF FORT WORTH, TEXAS v. JULIUS D. ZIMLICH; from Travis County; 3rd
district (03-97-00475-CV, 975 SW2D 399, 08-31-98)
Time allotted to argue: 20/20 minutes
98-1080 UNIVERSITY OF HOUSTON, MATTHEW STEWART, and JON WILLIAMS v. DEMETRIA CLARK; from Harris County; 14th district (14-96-00005-CV, 979 SW2D 707, 01-30-97)
- consolidated for oral argument with -
99-0326 STEVEN GARY ERNER and HARRIS COUNTY, TEXAS v. FRANCIS G. THOMAS, JR., and JOHN
ALEXANDER ROARKE; from Harris County; 14th district (14-97-00214-CV, ___ SW2D ___,
01-21-99)
Time allotted to argue: 25/25 minutes
99-0026 IN RE JOHN F. MacDONALD
Time allotted to argue: 20/20 minutes