THE SUPREME COURT OF TEXAS



Orders Pronounced October 12, 2000

ORDERS ON CAUSES

00-0859 GAINSCO COUNTY MUTUAL INSURANCE COMPANY, ET AL. v. JOSE LUIS MARTINEZ; from Bexar County; 4th district (04-99-00045-CV, ___ SW3d ___, 07-05-00)

The Court grants the agreed motion to vacate and dismiss cause because of settlement. Pursuant to Rule 56.3, Texas Rules of Appellate Procedure, the Court grants the petition for review without hearing oral argument or considering the merits, vacates the lower courts' judgments, and dismisses the cause pursuant to settlement. See Tex. R. App. P. 56.3.

ORDERS ON CASES GRANTED

THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:

99-1311 AMERICAN TRANSITIONAL CARE CENTERS OF TEXAS, INC. d/b/a AMERICAN TRANSITIONAL HOSPITAL v. TEOFILO PALACIOS and MARIA PALACIOS, individually and a/n/f of G. J. P. and R. D. P., minors, MARIA ANGELICA PALACIOS and SENTRY INSURANCE, a mutual company; from Harris County; 1st district (01-97-01072-CV, 4 SW3d 857, 10-07-99)




00-0070 INTERSTATE NORTHBOROUGH PARTNERSHIP, ET AL. v. STATE OF TEXAS; from Harris County; 14th district (14-96-01040-CV, 7 SW3d 4, 06-24-99)

00-0156 PUBLIC UTILITY COMMISSION OF TEXAS, ET AL. v. CITY PUBLIC SERVICE BOARD OF SAN ANTONIO and HOUSTON LIGHTING & POWER COMPANY; from Travis County; 3rd district (03-98-00127-CV, 9 SW3d 868, 01-06-00)

8 petitions

(Justice O'Neill not sitting)

00-0250 HOLY CROSS CHURCH OF GOD IN CHRIST v. JOHNNY WOLF; from Dallas County; 12th district (12-99-00223-CV, RULE 47.7, 11-30-99)

(Justice Hankinson not sitting)

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS SET FOR

ORAL ARGUMENT:

00-0453 IN RE THE CITY OF GEORGETOWN and GEORGE RUSSELL, in his official capacity as ACTING CITY MANAGER and OFFICER FOR PUBLIC INFORMATION

ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:



99-1312 SPHERE DRAKE UNDERWRITING MANAGEMENT v. ROYAL INSURANCE COMPANY OF AMERICA; from Jefferson County; 9th district (09-97-00485-CV, 4 SW3d 378, 09-30-99)

as corrected

00-0220 ESTATE OF KATHERINE T. NEWMAN v. ROY STALLMAN and ANN STALLMAN; from Colorado County; 14th district (14-98-00464-CV, 9 SW3d 243, 10-28-99)



00-0281 GENERAL REFRACTORIES COMPANY v. INEZ MARTIN, ET AL.; from Jefferson County; 9th district (09-98-00471-CV, 8 SW3d 818, 01-13-00)

00-0318 EDMUND CHUKWU, SR. and VERONICA CHUKWU, individually and as friends of N. C., W. M., and A. M., minors v. CITY OF DALLAS, TEXAS; from Dallas County; 5th district (05-99-00643-CV, RULE 47.7, 02-16-00)

00-0339 TEXAS RIVER BARGES v. CITY OF SAN ANTONIO; from Bexar County; 4th district (04-98-00837-CV, ___ SW3d ___, 01-12-00)

Justice Hecht notes his dissent

00-0390 PAUL M. DUTHU, LEE ROY DUTHU, REX DUTHU, HERMAN DUTHU, RUBY M. DUTHU v. RUBEN R. PENA, independent executor of THE ESTATE OF REX L. MCGARR; from Cameron County; 13th district (13-98-00523-CV, 10 SW3d 373, 12-16-99)

2 petitions

petition on behalf of Esperanza Suarez, Roberto Candelas, Rogerio Pedraza, Sr., and Roberto H. Pedraza, as redrafted

00-0419 TEXAS FARMERS INSURANCE COMPANY v. CARABELL FRUGE; from Jasper County; 9th district (09-98-00439-CV, 13 SW3d 509, 03-09-00)

00-0641 J. W. JANKOWSKI and ROBERT WALKER, in their individual capacities v. G.W. MACHINE TOOLS, INC. and G.W. MAINTENANCE SERVICE, INC.; from Washington County; 14th district (14-00-00096-CV, RULE 47.7, 03-02-00)

00-0677 ALEJANDRO BELTRAN v. BEA JOHNSON; from Lubbock County; 7th district (07-99-00298-CV, RULE 47.7, 05-18-00)

00-0691 LARRY SCHOOLCRAFT v. THE CITY OF FORT WORTH; from Tarrant County; 2nd district (02-99-00141-CV, RULE 47.7, 05-25-00)

00-0725 KELLY KIMBALL NAGY v. DENNIS EUGENE NAGY; from Montgomery County; 7th district (07-99-00303-CV, RULE 47.7, 05-09-00)

00-0731 LOUIS CALVIN MITCHELL, ESLEY MITCHELL, GRACE MILDRED MITCHELL and BETTY JEAN MITCHELL v. TERRY BUNKER; from Smith County; 12th district (12-99-00454-CV, RULE 47.7, 04-28-00)

00-0737 JAVIER E. DE LA GARZA and JAVIER E. DE LA GARZA, M.D., P.A. v. KNAPP MEDICAL CENTER; from Hidalgo County; 13th district (13-98-00612-CV, RULE 47.7, 04-28-00)

00-0742 TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES v. JOYCE DOTY-JABBAAR; from Dallas County; 5th district (05-99-00986-CV, ___ SW3d ___, 06-01-00)

00-0744 SANDI SAMMS v. AUTUMN RUN COMMUNITY IMPROVEMENT ASSOCIATION, INC.; from Harris County; 1st district (01-99-00349-CV, ___ SW3d ___, 02-17-00)

2 petitions

00-0754 ARTURO MONTANEZ, ET AL. v. CITY OF THREE RIVERS, ET AL.; from Live Oak County; 13th district (13-99-00038-CV, RULE 47.7, 06-08-00)

00-0765 BLUEWATER CONSTRUCTORS, INC. v. RONNIE MURPHY and GARY MURPHY; from Jim Wells County; 10th district (10-98-00187-CV, RULE 47.7, 06-21-00)

00-0779 JOSEPH F. BARBEE v. THE STATE OF TEXAS; from Travis County; 3rd district (03-99-00560-CV, RULE 47.7, 06-15-00)

00-0808 CARLOS MUNOZ, RODOLFO ARREOLA, DAVID SNELLING, DAVID VASQUEZ, and JAVIER VASQUEZ v. ALAMO LUMBER COMPANY, a wholly-owned subsidiary of VAUGHAN & SONS, INC.; from Val Verde County; 4th district (04-00-00108-CV, ___ SW3d ___, 06-21-00)

00-0822 TOM FRANKLIN v. TARRANT APPRAISAL REVIEW BOARD and EVERMAN INDEPENDENT SCHOOL DISTRICT; from Tarrant County; 2nd district (02-99-00154-CV, RULE 47.7, 07-13-00)

00-0839 IN THE INTEREST OF S. Y. W., ET AL., children; from Brown County; 11th district (11-99-00068-CV, RULE 47.7, 05-25-00)

00-0845 BENNIE TATE v. ANCIRA MOTOR HOMES; from Bexar County; 4th district (04-99-00601-CV, RULE 47.7, 07-12-00)

00-0873 ARMANDO GARCIA BRIONES and SELESTINA GARCIA v. BRADLEE JAY MILLS, SANDY J. MILLS and CAPSTAR DRILLING COMPANY; from Andrews County; 8th district (08-98-00388-CV, RULE 47.7, 05-18-00)



00-0874 LEGEND AIRLINES, INC. v. CITY OF FORT WORTH, TEXAS and AMERICAN AIRLINES, INC.; from Tarrant County; 2nd district (02-99-00098-CV, ___ SW3d ___, 05-25-00)

THE FOLLOWING PETITIONS FOR REVIEW ARE DISMISSED

FOR WANT OF JURISDICTION:

00-0748 EL PASO COUNTY LOWER VALLEY WATER DISTRICT v. OSCAR RENDA CONSTRUCTION, INC.; from El Paso County; 8th district (08-99-00414-CV, RULE 47.7, 05-11-00)

00-0764 TEXSON MANAGEMENT GROUP, INC. v. THE CITY OF WESLACO, TEXAS; from Hidalgo County; 13th district (13-99-00645-CV, RULE 47.7, 03-23-00)

THE FOLLOWING PETITION FOR REVIEW IS REINSTATED:

99-0914 PITTSBURGH CORNING CORPORATION v. CECILE J. WALTERS, individually and as personal representative of the heirs and ESTATE OF DOUGLAS F. WALTERS; from Nueces County; 13th district (13-97-00753-CV, 1 SW3d 759, 08-05-99)

Respondent's motion to reinstate appeal, as amended, is granted. This Court's abatement order of April 25, 2000, is lifted and the case is returned to the active docket. See Tex. R. App. P. 8.3(a). Petitioner's motion for extension of time to file reply is denied.










THE FOLLOWING PETITIONS FOR REVIEW ARE STRUCK PURSUANT TO

TEXAS RULES OF APPELLATE PROCEDURE, 9.4(i):

00-0792 DAIMLER-BENZ AKTIENGESELLSCHAFT v. SCOTT OLSON, individually and as independent executor of THE ESTATE OF KAREN L. OLSON and VICKIE OLSON; from Bell County; 3rd district (03-99-00114-CV, ___ SW3d ___, 06-15-00)

The Court strikes the petition for review with the following notation: "The petition violates Tex. R. App. P. 53.2(e), 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. on October 26, 2000. See Tex. R. App. P. 9.4(i), 53.2(e), and 53.6."

Dissenting opinion by Justice Hecht joined by Justice Owen

00-1026 JOSEPH WILLIAM KELLY, SR. and KATHLEEN KELLY JARRETT, individually and as heirs of JOSEPH WILLIAM KELLY, JR., deceased, and MICHAEL O. STINSON, individually and on behalf of THE ESTATE OF JOHN MICHAEL STINSON, deceased v. LIN TELEVISION OF TEXAS, L.P. d/b/a KXAS TELEVISION, LIN TELEVISION OF TEXAS, INC., LIN BROADCASTING CORP., KXTX OF TEXAS, INC., KXTX, INC. f/k/a CBN CONTINENTAL BROADCASTING NETWORK, INC., CHRISTIAN BROADCASTING NETWORK, INC., KXAN, INC., and NORTH TEXAS BROADCASTING CORP.; from Dallas County; 11th district (11-99-00128-CV, ___ SW3d ___, 08-17-00)

The Court strikes the petition for review with the following notation: "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. on October 26, 2000. See Tex. R. App. P. 9.4(i) and 53.6."




00-1045 ROSAURA HERRERA v. WEMBLEY INVESTMENT COMPANY; from Dallas County; 5th district (05-96-00446-CV, RULE 47.7, 08-08-00)

The Court strikes the petition for review with the following notation: "The petition violates Tex. R. App. P. 53.2(k), 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. on October 26, 2000. See Tex. R. App. P. 9.4(i), 53.2(k), and 53.6."



ORDERS ON MOTIONS FOR REHEARING

THE FOLLOWING MOTIONS FOR REHEARING OF CAUSES ARE DENIED:

98-0883 WEBER ENERGY CORPORATION v. GREY WOLF DRILLING COMPANY; from Brazoria County; 1st district (01-96-01522-CV, 976 SW2d 766, 05-21-98)

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)




THE FOLLOWING MOTIONS FOR REHEARING OF PETITIONS FOR REVIEW

ARE DENIED:


99-0697 TODD SHIPYARD CORPORATION v. JANIE PEREZ, ET AL.; from Harris County; 14th district (14-97-01382-CV, 999 SW2d 31, 06-24-99)

Justice Hecht notes his dissent


99-1259 EDMUND CARRERA and PAT MICHAEL v. LUISA RODRIGUEZ YEPEZ, ET AL.; from El Paso County; 8th district (08-98-00186-CV, 6 SW3d 654, 10-28-99)



00-0186 RICHARD QUIMBY d/b/a RESCUE TOWING v. TEXAS DEPARTMENT OF TRANSPORTATION; from Travis County; 3rd district (03-99-00266-CV, 10 SW3d 778, 01-13-00)

00-0214 HERMAN E. MITCHELL v. CARLYE H. CHAPMAN, JR.; from Dallas County; 5th district (05-97-01310-CV, 10 SW3d 810, 01-28-00)

00-0286 TEXAS WORKERS' COMPENSATION INSURANCE FUND v. LUCAS LOPEZ; from Jim Wells County; 4th district (04-98-00338-CV, ___ SW3d ___, 01-12-00)

00-0407 BRUCE COANE and COANE & ASSOCIATES v. WILLIAM S. HELFAND; from Harris County; 1st district (01-98-00918-CV, 12 SW3d 152, 02-03-00)

00-0429 RSP MANAGEMENT SERVICES, INC. v. UNIVESCO, INC., ROBERT J. WERRA and AIRPORT OF HARBOR POINT, L.L.C.; from Dallas County; 5th district (05-99-00797-CV, RULE 47.7, 03-20-00)

00-0444 MID-CONTINENT CASUALTY COMPANY v. SAFE TIRE DISPOSAL CORPORATION OF TEXAS and SAFE TIRE DISPOSAL CORPORATION; from Ellis County; 10th district (10-98-00294-CV, ___ SW3d ___, 03-22-00)

00-0711 PATSY and NOEL BOLANDER v. HARRIS COUNTY DISTRICT ATTORNEY, KIM WHITTINGTON and KAREN MORRIS (in their official capacities only); from Harris County; 1st district (01-99-00999-CV, RULE 47.7, 06-15-00)

00-0713 JOHN RASHEED SHIKE v. SABA HAMEED SHIKE; from Harris County; 14th district (14-97-00888-CV, RULE 47.7, 04-27-00)

THE FOLLOWING MOTION FOR REHEARING OF PETITION FOR WRIT

OF MANDAMUS IS DENIED:

00-0538 IN RE TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES






THE FOLLOWING MOTION FOR RECONSIDERATION OF MOTION FOR

EXTENSION OF TIME TO FILE DIRECT APPEAL IS DENIED:

00-0866 KAREN KAY KRISTOPHER, SURROGATE LEGAL SEARCH v. GARY M. BLOCK, MICHAEL FLEMING, HARRIS COUNTY ATTORNEY, CHARLES BACARISSE, DISTRICT CLERK and THE TEXAS COURT REPORTER'S CERTIFICATION BOARD

MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

99-1308 IN RE ANADARKO PETROLEUM CORP.

Justice Hecht notes his dissent

00-0288 IN RE GENERAL REFRACTORIES COMPANY

00-0423 IN RE EL PASO HEALTHCARE SYSTEM

00-0462 IN RE UNIVERSAL COMPUTER SYSTEMS, INC., ET AL.

00-0482 IN RE BILLY R. GIBSON

00-0810 IN RE R. WAYNE JOHNSON

00-0814 IN RE KURT WAYNE LOPER

00-0842 IN RE DR. DONALD G. GARDNER

00-0870 IN RE FREDDIE LEE MCKENZIE

(Chief Justice Phillips not sitting)

00-0898 IN RE PAUL EARL DORSEY

00-0905 IN RE GROENDYKE TRANSPORT, INC. and CLINTON MORRIS UNDERHILL

00-0979 IN RE KAREN KAY KRISTOPHER, SURROGATE LEGAL SEARCH

00-1038 IN RE DANIEL COOPER

THE FOLLOWING SUPPLEMENTAL PETITION FOR WRIT OF MANDAMUS

AND JOINDER IN ORIGINAL PETITION FOR WRIT OF MANDAMUS

IS DENIED:

00-1022 IN RE CUT RATE MOBILE HOMES, INC.

With the following notation: "See Tex. R. App. P. 52.3(E)."

[NOTE: The petition for writ of mandamus in case number 00-0973 remains pending before this Court.]

(Order delivered October 10, 2000)

ORDER OF THE COURT

THE FOLLOWING CAUSES ARE SET FOR SUBMISSION ON WEDNESDAY,

DECEMBER 6, 2000, AT 9:00 A.M.:

99-1311 AMERICAN TRANSITIONAL CARE CENTERS OF TEXAS, INC. d/b/a AMERICAN TRANSITIONAL HOSPITAL v. TEOFILO PALACIOS and MARIA PALACIOS, individually and a/n/f of G. J. P. and R. D. P., minors, MARIA ANGELICA PALACIOS and SENTRY INSURANCE, a mutual company; from Harris County; 1st district (01-97-01072-CV, 4 SW3d 857, 10-07-99)

00-0156 PUBLIC UTILITY COMMISSION OF TEXAS, ET AL. v. CITY PUBLIC SERVICE BOARD OF SAN ANTONIO and HOUSTON LIGHTING & POWER COMPANY; from Travis County; 3rd district (03-98-00127-CV, 9 SW3d 868, 01-06-00)

00-0250 HOLY CROSS CHURCH OF GOD IN CHRIST v. JOHNNY WOLF; from Dallas County; 12th district (12-99-00223-CV, RULE 47.7, 11-30-99)

THE FOLLOWING CAUSES ARE SET FOR SUBMISSION ON WEDNESDAY,

JANUARY 3, 2001, AT 9:00 A.M.:

00-0070 INTERSTATE NORTHBOROUGH PARTNERSHIP, ET AL. v. STATE OF TEXAS; from Harris County; 14th district (14-96-01040-CV, 7 SW3 4, 06-24-99)

00-0453 IN RE THE CITY OF GEORGETOWN and GEORGE RUSSELL, in his official capacity as ACTING CITY MANAGER and OFFICER FOR PUBLIC INFORMATION