THE SUPREME COURT OF TEXAS




Orders Pronounced October 19, 2000


ORDERS ON CAUSES

THE FOLLOWING MOTION TO DISQUALIFY IS DISMISSED AS MOOT:

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)

(Justice Gonzales not sitting)

THE FOLLOWING EMERGENCY MOTION FOR TEMPORARY ORDER IS

DISMISSED AS MOOT:

99-0306 QWEST COMMUNICATIONS CORPORATION and QWEST COMMUNICATIONS INTERNATIONAL, INC. v. AT&T CORPORATION and AT&T COMMUNICATIONS OF THE SOUTHWEST, INC.; from Travis County; 3rd district (03-98-00111-CV, 983 SW2d 885, 01-14-99)

(Justice Hankinson not sitting)




ORDERS ON CASES GRANTED

THE FOLLOWING PETITION FOR REVIEW IS GRANTED:

00-0232 ERNST & YOUNG v. PACIFIC MUTUAL LIFE INSURANCE COMPANY; from Dallas County; 5th district (05-97-00810-CV, 10 SW3d 798, 01-28-00)

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS SET

FOR ORAL ARGUMENT:




00-0722 IN RE AMERICAN HOMESTAR OF LANCASTER, INC. and NATIONWIDE HOUSING SYSTEMS, INC.



ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:



99-0842 BLACK-EYED PEA U.S.A., INC. v. BETTY DUNCAN; from Jefferson County; 9th district (09-99-00029-CV, 994 SW2d 447, 07-15-99)

99-1111 DICKINSON ARMS-REO d/b/a DICKINSON ARMS APARTMENTS, GSSW, LIMITED PARTNERSHIP, GSSW-REO OWNERSHIP CORPORATION, and INSIGNIA MANAGEMENT GROUP v. JOE WINSTON CAMPBELL, individually and as administrator of THE ESTATE OF JOE DARIN CAMPBELL, deceased, and LILLIE CAMPBELL; from Galveston County; 1st district (01-97-01190-CV, 4 SW3d 333, 09-23-99)

Dissenting opinion by Justice Hecht joined by Justice Owen

99-1226 THE STATE OF TEXAS v. INDIANA LUMBERMEN'S MUTUAL INSURANCE COMPANY; from Archer County; 2nd district (02-98-00373-CV, 1 SW3d 264, 08-19-99)





99-1248 THE UNIVERSITY OF TEXAS MEDICAL BRANCH HOSPITAL AT GALVESTON v. DARCY HARDY, individually and as representative of THE ESTATE OF DOROTHY WALSH, deceased; from Galveston County; 14th district (14-98-00971-CV, 2 SW3d 607, 08-31-99)

as corrected

Justice Hecht and Justice Owen note their dissent


00-0551 TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES v. JOYCE MARIE DOYLE; from El Paso County; 8th district (08-99-00037-CV, ___ SW3d ___, 02-25-00)

00-0632 DANIEL EUGENE KLINE v. JULIA ANN KLINE; from Fort Bend County; 1st district (01-99-01015-CV, ___ SW3d ___, 05-11-00)

00-0663 NORWOOD O. HILL, M.D. v. BAYLOR UNIVERSITY MEDICAL CENTER OF DALLAS, METHODIST HOSPITALS OF DALLAS, PRESBYTERIAN HEALTHCARE SYSTEM, ST. PAUL MEDICAL CENTER, DALLAS/FORT WORTH HOSPITAL COUNCIL, DALLAS COUNTY MEDICAL SOCIETY, BOONE POWELL, JR., DAVID H. HITT, ANTHONY L. PERKINS, M.D., PHIL H. BERRY, M.D., ROBERT NORTH, M.D., WAYNE GOSSARD, M.D., ALAN J. PERKINS, and STEPHEN T. JORDAN; from Dallas County; 5th district (05-97-00238-CV, RULE 47.7, 01-18-00)

(Justice Hankinson not sitting)


00-0684 SHARON KNIE v. DR. WALTER PISKUN, M.D., SOUTHWEST NEUROSCIENCE INSTITUTE and PANHANDLE SURGICAL HOSPITAL; from Potter County; 7th district (07-99-00277-CV, ___ SW3d ___, 04-25-00)

00-0771 JAMES R. COX v. CONEX INTERNATIONAL CORPORATION; from Jefferson County; 9th district (09-98-00496-CV, ___ SW3d ___, 06-08-00)

00-0793 MAC PIKE v. EDGAR ALVAREZ; from Hidalgo County; 13th district (13-98-00189-CV, RULE 47.7, 06-15-00)

00-0818 SEARCY M. FERGUSON, JR. v. NATIONAL LAND TITLE CO., INC. d/b/a SAFECO LAND TITLE COMPANY OF DALLAS; from Dallas County; 5th district (05-99-01257-CV, RULE 47.7, 05-09-00)





00-0820 CITY OF EL PASO, TEXAS, a municipal corporation, MESA HILLS MALL COMPANY LIMITED PARTNERSHIP, a Texas limited partnership, and SIMON PROPERTY GROUP (TEXAS), a Texas limited partnership v. DR. TRUETT L. MADDOX, D.D.S. and JAMES J. SALOME, trustee; from El Paso County; 8th district (08-98-00409-CV, RULE 47.7, 06-22-00)

2 petitions

00-0823 WATLEY ENTERPRISES, INC. d/b/a WATLEY SEED COMPANY v. JOE FREUND; from Hansford County; 7th district (07-99-00517-CV, RULE 47.7, 05-24-00)

00-0838 JOSIE BUSTAMANTE v. BEXAR COUNTY SHERIFF'S CIVIL SERVICE COMMISSION and SHERIFF RALPH LOPEZ; from Bexar County; 4th district (04-99-00175-CV, ___ SW3d ___, 06-07-00)

00-0849 FRANK DWIGHT CARTER v. CECIL G. PURYEAR; from Lubbock County; 7th district (07-00-00266-CV, RULE 47.7, 07-10-00)

00-0892 JIMMIE L. HAWKINS v. GEORGE A. PERZEL and PATRICIA A. PERZEL individually and as co-trustees of the PERZEL REVOCABLE TRUST DATED AUGUST 14, 1997; from Tarrant County; 2nd district (02-99-00326-CV, RULE 47.7, 07-13-00)

00-0906 R. E. SHOFNER v. ALAN EVANS; from Shelby County; 12th district (12-99-00320-CV, RULE 47.7, 05-31-00)

00-0941 E. N. FRADY and MARSHA FRADY v. BART MAY d/b/a BART MAY REAL ESTATE; from Hood County; 2nd district (02-99-00118-CV, RULE 47.7, 06-15-00)

THE FOLLOWING PETITION FOR REVIEW IS DISMISSED:

00-0750 ROBERT and BETINA CREGG v. RICHARD ROMAN, HOLLY ROMAN, COLDWELL BANKER, and PAULA STRINGER; from Dallas County; 5th district (05-99-01218-CV, RULE 47.7, 05-24-00)

agreed motion to dismiss granted





THE FOLLOWING PETITION FOR REVIEW IS STRUCK PURSUANT TO

TEXAS RULES OF APPELLATE PROCEDURE, 9.4(i):

00-0991 RICHARD and DONNA WILSON v. TEXAS ALCOHOLIC BEVERAGE COMMISSION; from Comal County; 3rd district (03-99-00428-CV, RULE 47.7, 05-31-00)

motion for leave to file petition in excess of fifteen pages denied

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 November 2, 2000. See Tex. R. App. P. 9.4(i), 53.6."

ORDERS ON MOTIONS FOR REHEARING

THE FOLLOWING MOTION FOR REHEARING OF CAUSE IS GRANTED:

99-1204 TEXAS WORKERS' COMPENSATION INSURANCE FUND v. MIKE MANDLBAUER; from Hardin County; 9th district (09-96-00334-CV, 998 SW2d 939, 09-23-99)

The Court withdraws its opinion and judgment of August 24, 2000, and substitutes the opinion and judgment issued today.

Pursuant to Rule 59.1, Texas Rules of Appellate Procedure, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the cause to that court.

Per Curiam Opinion




THE FOLLOWING MOTIONS FOR REHEARING OF PETITIONS FOR

REVIEW ARE DENIED:

99-1009 JANIS LOWE f/k/a JANIS BLOODWORTH v. FARM CREDIT BANK OF TEXAS f/d/b as FEDERAL LAND BANK; from Real County; 4th district (04-98-00647-CV, 2 SW3d 293, 01-27-99)

00-0516 JUGINDER SINGH GAHUNIA v. ACORN PRIVATE LIMITED, CO.; from Harris County; 14th district (14-98-01259-CV, RULE 47.7, 02-10-00)

00-0578 W. E. ROSENBERGER and DON LAWRENCE v. JAMES HUBERT SESSIONS, WILLIAM AARON SESSIONS, FRANCES ANN NORRIS, DR. JOHNNY SESSIONS, and BILLY SESSIONS, as trustees of the J. W. and BESSIE SESSIONS TRUST; from Angelina County; 9th district (09-98-00071-CV, RULE 47.7, 03-02-00)

00-0747 STEPHENS COLLIER SMITH and wife, MARLYCE SMITH, individually and on behalf of their minor daughter, M. S., the surviving family members of STEPHANIE ELIZABETH SMITH, deceased, and on behalf of THE ESTATE OF STEPHANIE ELIZABETH SMITH, deceased v. AQUA-FLO, INC.; from Colorado County; 1st district (01-00-00024-CV, ___ SW3d ___, 05-04-00)

MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

99-1039 IN RE GULF COAST ROD, REEL & GUN CLUB, WAYNE STUPKA, DAVID DESORMEAUX, ROBERT H. KENT, FLOYD W. MORRISON, JR., and JOHN EBERLING, JR.

as redrafted

motion to consolidate dismissed as moot

motion to dismiss dismissed as moot

99-1133 IN RE TEXAS PARKS AND WILDLIFE DEPARTMENT

motion to dismiss dismissed as moot

stay order of September 11, 2000, as amended October 5, 2000, lifted



00-0884 IN RE JAMES WARREN BRIGHT

motion for temporary relief denied

00-0943 IN RE GERALD ANTHONY WRIGHT

00-1049 IN RE PITTWAY CORPORATION, PITTWAY CORPORATION d/b/a ADEMCO ALARM DEVICE MANUFACTURING COMPANY, ADEMCO DISTRIBUTION, INC., and ALARM DEVICE MANUFACTURING CO., INC.

emergency motion for temporary relief denied

(Order delivered October 13, 2000)




THE FOLLOWING PETITION FOR WRIT OF MANDAMUS AND MOTION FOR

TEMPORARY RELIEF ARE STRUCK, PURSUANT TO TEXAS RULES OF

APPELLATE PROCEDURE, 9.4(i):

00-1073 IN RE GAYLE ROTHENBERG, M.D.

The Court strikes the petition for writ of mandamus and motion for temporary relief with the following notation: "The petition violates Tex. R. App. P. 52.6 and is struck. Relator is ordered to redraw; the redrawn petition and motion for temporary relief are due to be filed no later than 5:00 p.m. on October 26, 2000. See Tex. R. App. P. 9.4(i) and 52.6."






ORDER OF THE COURT


THE FOLLOWING CAUSE IS SET FOR SUBMISSION ON WEDNESDAY,

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

00-0232 ERNST & YOUNG v. PACIFIC MUTUAL LIFE INSURANCE COMPANY; from Dallas County; 5th district (05-97-00810-CV, 10 SW3d 798, 01-28-00)



THE FOLLOWING CAUSE IS SET FOR SUBMISSION ON WEDNESDAY,

JANUARY 10, 2001, AT 9:00 A.M.:




00-0722 IN RE AMERICAN HOMESTAR OF LANCASTER, INC. and NATIONWIDE HOUSING SYSTEMS, INC.