THE SUPREME COURT OF TEXAS

Orders Pronounced October 14, 1999

ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:


99-0069     AETNA CASUALTY AND SURETY COMPANY v. SAN JACINTO RIVER AUTHORITY; from Montgomery County; 9th district (09-97-00190-CV, 979 SW2D 876, 12-10-98)

99-0082     WILLIAM and JUDITH BAKER, ET AL. v. SAN JACINTO RIVER AUTHORITY; from Montgomery County; 9th district (09-97-00141-CV, 979 SW2D 876, 12-10-98)

99-0210     JAMES LAROSE, JEANETTE M. LAROSE and CLARENCE K. RUSSELL and BILLIE R. RUSSELL, individually and doing bussiness as A. A. VETERINARY CLINIC, and CHURCH OF GOD-JESUS, INC. v. SAN JACINTO RIVER AUTHORITY; from Montgomery County; 9th district (09-97-00144-CV, 979 SW2D 876, 12-10-98)

99-0233     DEXTER M. PATTERSON and VICKI L. PATTERSON, ET AL. v. SAN JACINTO RIVER AUTHORITY; from Montgomery County; 9th district (09-97-00134-CV, 979 SW2D 876, 12-10-98)

99-0234     CHARLES W. ROBINSON, JR. and KELLY R. ROBINSON, ET AL. v. SAN JACINTO RIVER AUTHORITY; from Montgomery County; 9th district (09-97-00148-CV, 979 SW2D 876, 12-10-98)

3 petitions

99-0462     STEVE FRAZIER and wife, DOLORES S. FRAZIER v. FRONTIER STATE BANK; from Maverick County; 4th district (04-98-00384-CV, RULE 47.7, 03-10-99)



99-0716     SHELBY OPERATING COMPANY v. CITY OF WASKOM, TEXAS; from Harrison County; 6th district (06-98-00185-CV, RULE 47.7, 06-08-99)

99-0753     VINO NARAN v. AETNA CASUALTY AND SURETY COMPANY; from Dallas County; 5th district (05-96-01486-CV, RULE 47.7, 02-10-99)

99-0760     CLEVELAND WILLIAMS and JEORA JONES v. RETA ROBERTS; from Harris County; 4th district (04-98-00100-CV, RULE 47.7, 04-21-99)

99-0768     CARL WILLIAMS v. WAYNE SCOTT; from Bee County; 13th district (13-97-00875-CV, RULE 47.7, 05-13-99)

99-0776     IN THE MATTER OF R. G.; from Harris County; 1st district (01-98-00878-CV, 981 SW2D 325, 05-27-99)

99-0777     THE CADLE COMPANY v. MUNIR MUNAWAR; from Victoria County; 13th district (13-97-00302-CV, RULE 47.7, 04-08-99)

99-0785     CLUB PARK DELVELOPMENTS, INC., and JOHN MACFARLANE, JR. v. INTERVEST-CHURCHHILL POITE, LTD.; from Dallas County; 11th district (11-98-00062-CV, RULE 47.7, 05-27-99)

99-0789     GABINO GONE v. MARIA ADELA RIVERA GONE; from Harris County; 14th district (14-98-00648-CV, 993 SW2D 845, 05-20-99)

99-0791     PECAN GROVE ASSOCIATES v. JOHN L. WORTHAM & SON and AMERICAN GENERAL LLOYDS INSURANCE COMPANY; from Harris County; 1st district (01-98-01020-CV, RULE 47.7, 07-08-99)

99-0803     FONTENOT PETRO-CHEM & MARINE SERVICES, INC. v. LYNDA LABONO; from Harris County; 13th district (13-97-00420-CV, 993 SW2D 455, 05-13-99)

99-0811     HILLTOP BAPTIST TEMPLE, INC. v. WILLIAMSON COUNTY APPRAISAL DISTRICT, WILLIAMSON COUNTY APPRAISAL REVIEW BOARD, WILLIAMSON COUNTY CITY OF CEDAR PARK, LEANDER INDEPENDENT SCHOOL DISTRICT, WILLIAMSON COUNTY EDUCATION DISTRICT, and AUSTIN COMMUNITY COLLEGE; from Williamson County; 3rd district (03-98-00468-CV, 995 SW2D 905, 06-30-99)

99-0847     JOSEPH M. BYDALEK, ET UX v. JEANNINE EVE WILLIS, ET AL.; from Harris County; 1st district (01-97-01323-CV, ___ SW2D ___, 07-15-99)

99-0848     DAYTON REAVIS CORPORATION, and CAMERON HENDERSON OIL CO., INC. v. RAMPART CAPITAL CORPORATION; from Limestone County; 10th district (10-98-00007-CV, RULE 47.7, 03-24-99)

99-0849     DEBORAH K. NORDYKE v. EMPLOYEES RETIREMENT SYSTEM OF TEXAS; from Travis County; 3rd district (03-98-00617-CV, RULE 47.7, 07-15-99)



ORDERS ON MOTIONS

THE FOLLOWING MOTIONS FOR REHEARING OF PETITIONS

FOR REVIEW ARE OVERRULED:

98-0624     W. E. KORNDORFFER, M.D. v. WENDALL C. BAKER, SR. and ZOE A. BAKER; from Galveston County; 1st district (01-96-00062-CV, 976 SW2D 696, 12-18-97)

99-0065     HARRIS COUNTY, TEXAS v. ROBERT S. WILLIAMS; from Harris County; 1st district (01-97-01320-CV, 981 SW2D 936, 11-25-98)

99-0281     TOMMY LITTLEPAGE v. DUNCAN LAND & EXPLORATION, INC.; from Young County; 2nd district (02-97-00172-CV, 984 SW2D 318, 12-17-98)

99-0415     MIAMI INDEPENDENT SCHOOL DISTRICT v. DR. MIKE MOSES, TEXAS EDUCATION AGENCY, HUTTO INDEPENDENT SCHOOL DISTRICT, and MISSION CISD; from Travis County; 3rd district (03-98-00326-CV, 989 SW2D 871, 03-25-99)



(Justice Hankinson not sitting)

99-0430     HELEN BAKER, individually and as the personal representative of the ESTATE OF ROBERT LOUIS BAKER, deceased, and as next friend of her minor children, M. R. B., and E. E. B., and SUZANNE TOMLINSON, individually and as next friend of her minor children v. BELL HELICOPTER TEXTRON, INC., GENERAL MOTORS CORPORATION AND AIR CRUISERS CO.; from Tarrant County; 2nd district (02-97-00290-CV, 985 SW2D 272, 01-28-99)

99-0452     MESA OPERATING CO. and HUGOTON CAPITAL LIMITED PARTNERSHIP v. CALIFORNIA UNION INSURANCE COMPANY; from Dallas County; 5th district (05-96-00986-CV, 986 SW2D 749, 02-02-99)

99-0457     IN RE JAMES L. (JIM) BARR, JUDGE, 337TH DISTRICT COURT HARRIS, COUNTY, TEXAS

99-0502     ALLEN HART and ERNIE WILLIAMS v. WICHITA COUNTY, TEXAS; from Wichita County; 2nd district (02-97-00366-CV, 989 SW2D 2, 03-18-99)

99-0524     SOUTHERN PACIFIC TRANSPORTATION COMPANY v. STERLING OUTDOOR ADVERTISING, INC.; from Liberty County; 9th district (09-97-00298-CV, RULE 47.7, 04-22-99)

99-0531     SEDONA CONTRACTING, INC. v. FORD, POWELL & CARSON, INC.; from Bexar County; 4th district (04-98-00531-CV, 995 SW2D 192, 03-17-99)

99-0582     SHARON L. PACE, individually and on behalf of the ESTATE OF STACY LEE MOORE, and CAROL MOORE-ORR, as next friend of A. R. M., a minor v. NORTH HOUSTON POLE LINE CORP. and HOUSTON LIGHTING & POWER COMPANY; from Harris County; 14th district (14-97-00140-CV, ___ SW2D ___, 05-06-99)

99-0595     DENISE STOCKTON and CECIL P. SAPP v. WILLIAM BELL; from Cameron County; 13th district (13-98-00600-CV, ___ SW2D ___, 02-11-99)

99-0597     BEN E. JARVIS, JULIETTA JARVIS, SARAH JARVIS JONES, ANNELL MELTON SCHOENVOGEL, and ELEANOR MELTON CAMERON v. VALERO EASTEX PIPELINE COMPANY; from Cherokee County; 12th district (12-98-00051-CV, 990 SW2D 852, 03-31-99)

99-0598     LEONA HAMILTON v. VALERO EASTEX PIPELINE COMPANY; from Cherokee County; 12th district (12-98-00232-CV, RULE 47.7, 03-31-99)

99-0599     JESSIE MAE MARTIN, JUANITA MARTIN WARDLAW, DOUGLAS R. MARTIN, and MARY ELLEN MARTIN ROSS v. VELERO EASTEX PIPELINE COMPANY; from Cherokee County; 12th district (12-98-00233-CV, RULE 47.7, 03-31-99)

99-0608     TOP OF THE STRIP, INC. v. TEXAS ALCOHOLIC BEVERAGE COMMISSION; from Bexar County; 4th district (04-98-00705-CV, 993 SW2D 242, 04-07-99)

99-0646     MERCURY FINANCE COMPANY v. CARSTAR COLLISION, INC., d/b/a CARSTAR COLLISION AND REPAIR CENTER; from Harris County; 1st district (01-97-00896-CV, RULE 47.7, 04-08-99)

99-0650     CHARLES E. SAUNDERS v. TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER, DR. MARGARET WEIDOW, and HELEN TIMBLES; from Lubbock County; 7th district (07-99-00067-CV)

THE FOLLOWING MOTIONS FOR REHEARING OF PETITIONS

FOR WRIT OF MANDAMUS ARE OVERRULED:

98-0905     IN RE W. E. KORNDORFFER, M.D.



99-0705     IN RE SIE JOE LANN



MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:





98-1267     IN RE WAGNER & BROWN, LTD. and CANYON ENERGY, INC., d/b/a CANYON PIPELINE CORP.



99-0025     IN RE E. I. du PONT de NEMOURS AND CO.

as amended

stay order of January 15, 1999, lifted



(Justice Hecht notes his dissent.)

99-0696     IN RE CRISTINA BRITTINGHAM SADA DE AYALA



99-0885     IN RE HENRY SCHEIN, INC., EASY DENTAL SYSTEMS, INC., and DENTI-SOFT, INC.

motion to expedite consideration or in the alternative,

motion to stay trial court hearing, overruled



(Order delivered October 11, 1999)



99-0889     IN RE EX PARTE JUAN ANNALLA











THE REQUEST FOR ACCESS TO THE APPELLATE RECORD, BEING

TREATED BY THE COURT AS A PETITION FOR WRIT OF

MANDAMUS, IN THE FOLLOWING CASE, IS DENIED:





99-0900     THOMAS RETZLAFF v. TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES; from 03rd district (03-98-00201-CV, )

motion to exceed page limits overruled

motion to forward the original record overruled



THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS

DISMISSED AS MOOT:



99-0852     IN RE COMMISSION FOR LAWYER DISCIPLINE and DISTRICT 12B GRIEVANCE COMMITTEE

motion to dismiss petition for writ of mandamus granted

stay order of September 2, 1999, lifted



THE FOLLOWING PETITION FOR WRIT OF MANDAMUS AND TEMPORARY

INJUNCTION PENDENTE LITE IS DENIED:





99-0994     IN RE DOUGLAS BARCLAY SHOWS, individually and as personal representative of THE ESTATE OF PATRICIA SHOWS

motion for emergency consideration of relator's verified petition

for writ of mandamus and temporary injunction pendente lite is

dismissed as moot



(Order delivered October 7, 1999)

THE FOLLOWING PETITION FOR WRIT OF PROHIBITION AND INJUNCTION IS DENIED:

99-1000     IN RE A. G. HAMILTON

motion for emergency relief overruled



(Order delivered October 11, 1999)



THE FOLLOWING MOTION FOR TEMPORARY RELIEF IS OVERRULED:

99-0938     ROBERT LINDGREN and LAUREN LINDGREN v. RICHARD ROGERS and DAMIFINO, INC.; from 3rd district (03-98-00532-CV)



[NOTE: The appeal remains pending before this Court; the petition for review is due to be filed October 18, 1999.]



(Order delivered October 11, 1999)





THE FOLLOWING MOTION FOR COURT ORDER DIRECTED TO THE SHERIFF OF HARRIS COUNTY TO ALLOW PETITIONER EXTRA LAW LIBRARY TIME FOR RESEARCH PURPOSES, BEING TREATED BY THIS COURT AS A

PETITION FOR WRIT OF MANDAMUS, IS DENIED:



99-0943     TIMOTHY AGUILAR v. KEITH PRICE, ET AL.; from 12th district (12-99-00035-CV)



[NOTE: The appeal remains pending before this Court; the petition for review is due to be filed November 15, 1999.]

(Order delivered October 11, 1999)



THE MOTION TO CONSOLIDATE THE FOLLOWING

PETITIONS FOR REVIEW IS GRANTED:



99-0952     BENNACK FLYING SERVICE, INC. v. DAGOBERTO BALBOA, ET AL.; from Willacy County; 13th district (13-98-00392-CV, ___ SW2D ___, 06-24-99)



consolidated with



99-0944     TEXAS DUSTING SERVICE, INC. v. KATHRYN STANFORD, ET AL.; from Cameron County; 13th district (13-98-00593-CV, ___ SW2D ___, 06-24-99)





[NOTE: The petitions for review remain pending before this Court.]