98-0363 PETER CHILKEWITZ v. MORTON J. HYSON, M.D., P.A.; from Dallas County; 5th district (05-95-00403-CV, 971 SW2D 563, 01-27-97)

The Court grants in part and overrules in part respondent's motion for rehearing. The Court withdraws its opinion and judgment of June 17, 1999, and substitutes the opinion and judgment issued today.

The Court reverses the court of appeals' judgment and remands the cause to that court.

Opinion by Justice Owen, joined by Chief Justice Phillips, Justice Hecht, Justice Enoch, Justice Baker, Justice Abbott, Justice O'Neill, and Justice Gonzales

(Justice Hankinson not sitting)

98-0429 LOUISIANA-PACIFIC CORPORATION, as successor to KIRBY FOREST INDUSTRIES, INC. v. LUIS ANDRADE and TRAVELERS INDEMNITY CO. OF RHODE ISLAND; from Jefferson County; 9th district (09-96-00087-CV, 964 SW2D 944, 03-12-98)

The Court reverses the court of appeals' judgment and renders judgment.

99-0995 ANN LENERT, ET AL. v. STATE FARM LLOYDS INSURANCE COMPANY, ET AL.; from Harris County; 13th district (14-97-00422-CV)

The Court grants the joint motion to vacate and dismiss cause because of settlement. The Court grants the petition for review without reference to the merits, vacates the lower courts' judgments without reference to the merits, and dismisses the cause pursuant to settlement.

THE MOTION TO AMEND PETITION FOR REVIEW IS GRANTED IN THE FOLLOWING CAUSE:

99-0472 IN THE INTEREST OF O. G. M., a child; from Harris County; 1st district (01-98-00496-CV, 988 SW2D 473, 04-08-99)

The amendment to petition for review is due to be filed October 28, 1999; any response to the amendment is due to be filed November 4, 1999.

99-0231 THE BLAND INDEPENDENT SCHOOL DISTRICT, BOARD OF TRUSTEES OF THE BLAND INDEPENDENT SCHOOL DISTRICT, and SUPERINTENDENT OF THE BLAND INDEPENDENT SCHOOL DISTRICT v. DOUGLAS BLUE and CAROLYN BLUE; from Hunt County; 5th district (05-98-01133-CV, 989 SW2D 441, 01-26-99)

99-0313 DORA ERNESTINE LUCK BARNETT, ET AL. v. MARLEEN KOVALCHIK BARNETT; from Harris County; 1st district (01-97-00656-CV, 985 SW2D 520, 02-18-99)

2 petitions

(on behalf of Dora Ernestine Luck Barnett - as amended)

98-1232 KENNETH E. COHEN, M.D. v. ALAIN LENOTRE and MARIE LENOTRE, as next friends of GASTON GEORGE LENOTRE, and GASTON GEORGE LENOTRE, individually; from Harris County; 14th district (14-96-01386-CV, 979 SW2D 723, 10-15-98)

joint motion to grant petition overruled

99-0032 MICHAEL E. FREEMAN v. JULIA BROWN FREEMAN; from Bell County; 3rd district (03-97-00626-CV, RULE 47.7, 12-03-98)

99-0056 WAL-MART STORES, INC. v. WENDY DAVIS; from Travis County; 3rd district (03-96-00693-CV, 979 SW2D 30, 09-24-98)

99-0346 THE RAUL S. CANTU NO. 3 FAMILY LIMITED PARTNERSHIP v. GULF SHORES COUNCIL OF CO-OWNERS, INC., DONALD R. COMUZZI, and MARJORIE PETERSON; from Nueces County; 13th district (13-97-00353-CV, 985 SW2D 667, 01-28-99)

99-0392 ARENA TOWER II CORPORATION v. HOWARD NOVICK, M.D.; from Harris County; 14th district (14-96-01335-CV, RULE 47.7, 01-28-99)

99-0420 MICHAEL MILIN v. FIRST USA MERCHANT SERVICES, INC.; from Dallas County; 5th district (05-97-00033-CV, RULE 47.7, 03-29-99)

99-0558 CLARK L. BESACK v. MILLER & MILLER AUCTIONEERS, INC.; from Tarrant County; 2nd district (02-97-00015-CV, RULE 47.7, 03-18-99)

99-0659 IN THE INTEREST OF M. T.; from Tarrant County; 2nd district (02-98-00103-CV, RULE 47.7, 04-22-99)

99-0675 MICHAEL J. EDISON v. BETA FINANCIAL CORPORATION; from Dallas County; 11th district (11-98-00083-CV, RULE 47.7, 05-27-99)

99-0710 BPR ENERGY, INC., by SUZAN L. BEAR, its president, sole director and sole shareholder of record v. TERI PATRICE FOSTER; from Tarrant County; 2nd district (02-97-00228-CV, RULE 47.7, 03-11-99)

99-0740 COLONIAL COUNTY MUTUAL INSURANCE COMPANY v. HECTOR VALDEZ; from Travis County; 3rd district (03-97-00719-CV, 994 SW2D 910, 06-17-99)

99-0747 CRISTINA BRITTINGHAM SADA DE AYALA v. ANA MARIA DE LA FUENTE DE BRITTINGHAM, ANMAR ENTERPRISES, S. A. DE C.V., ANMAR COLORADO CORPORATION, EGYPTIAN LOTUS LTD., SIGFRID LTD., JUBRICO INVESTMENT LTD., and BRITTGREEN LTD., MERRILL LYNCH and COMPANY, INC., MERRILL LYNCH INTERNATIONAL BANK, I; from Webb County; 4th district (04-98-00981-CV, ___ SW2D ___, 03-24-99)

99-0749 IN THE INTEREST OF T. E. D., a minor; from Dallas County; 5th district (05-97-01053-CV, RULE 47.7, 06-17-99)

99-0757 BOBBY A. KIMBALL v. CAMPUS MANAGEMENT, INC., CAMPUS INN, LTD, CAMPUS INN, INC., W. DAN DIPERT, TOM CRAVENS, and MARY CRAVENS, as co-trustees of the testamentary trust of CARLISLE CRAVENS; from Tarrant County; 2nd district (02-97-00348-CV, 991 SW2D 948, 05-27-99)

99-0792 W. E. "PETE" and SUSAN SNELSON v. ICA ENERGY, INC.; from Midland County; 8th district (08-98-00220-CV, RULE 47.7, 05-28-99)

99-0805 M. RICHARD MARCUS, individually and as independent executor of the ESTATE OF HERMAN MARCUS, deceased v. MARLENE R. SCHULTZ; from Dallas County; 5th district (05-97-00540-CV, RULE 47.7, 05-19-99)

2 petitions

99-0806 RUBY LEE GAYNIER, individually and as independent executrix of the ESTATE OF WILLIAM M. GAYNIER, deceased v. RUEBEN M. GINSBERG, GEORGE H. CRAMER, GLENN JUSTICE MORTGAGE CO., INC., DONALD J. FORMAN, and 505 ERVAY BUILDING, a joint venture; from Dallas County; 5th district (05-96-01111-CV, RULE 47.7, 03-31-99)

99-0807 WILBERT NORWOOD STARKS v. THE STATE OF TEXAS, ET AL., and DALLAS COUNTY, TEXAS, ET AL.; from Dallas County; 5th district (05-96-02034-CV, RULE 47.7, 05-29-99)

99-0810 THE AETNA CASUALTY & SURETY COMPANY v. BASSETT EDGAR LONGSTREET; from Calhoun County; 13th district (13-99-00091-CV, RULE 47.7, 06-24-99)

99-0862 HOTEL NETWORKS CORPORATION v. SOUTHWEST INTELECOM, INC. d/b/a INTELECOM, INC.; from Travis County; 3rd district (03-98-00483-CV, ___ SW2D ___, 07-15-99)

99-0894 NEW HORIZON EXPLORATION, INC. v. DEY MARTIN; from Reeves County; 8th district (08-98-00145-CV, RULE 47.7, 07-29-99)

THE FOLLOWING PETITION FOR REVIEW IS STRUCK PURSUANT TO RULE 9.4(i), TEXAS RULES OF APPELLATE PROCEDURE:

99-1011 JANIS ANN PAYNE v. GALEN HOSPITAL CORPORATION d/b/a CLEAR LAKE MEDICAL CENTER; from Harris County; 1st district (01-97-00087-CV, ___ SW2D ___, 08-26-99)

The Court strikes the petition for review because it exceeds page limits set forth in Tex. R. App. P. 53.6. Petitioner is ordered to redraw; the redrawn petition is due to be filed no later than November 4, 1999.

THE FOLLOWING PETITION FOR REVIEW IS DISMISSED

PURSUANT TO SETTLEMENT:

99-0787 TERRY MAXWELL ELECTRIC, INC. v. DOYLE WILSON HOMEBUILDER, INC. and DAVID PICKENS and BARBARA PICKENS; from Travis County; 3rd district (03-98-00123-CV, 996 SW2D 387, 05-27-99)

motion to dismiss granted

THE FOLLOWING PETITION FOR REVIEW IS DISMISSED AS MOOT:

99-0975 IN THE INTEREST OF B. A. C., a minor child; from Harris County; 1st district (01-98-00764-CV, ___ SW2D ___, 09-09-99)

motion to stay dismissed as moot

98-0446 DE WITT COUNTY ELECTRIC COOPERATIVE, INC. v. DANIEL S. PARKS and SUZANNE PARKS; from De Witt County; 13th district (13-96-00033-CV, 962 SW2D 707, 02-19-98)

THE FOLLOWING MOTION FOR REHEARING OF A PETITION FOR REVIEW IS WITHDRAWN PURSUANT TO SETTLEMENT:

99-0055 VANGUARD UNDERWRITERS INSURANCE COMPANY v. BOB WILLIAMSON, individually and as administrator of the ESTATE OF KIMBERLY WILLIAMSON and on behalf of PEGGY WILLIAMSON, and DOUGLAS WAYMON WILSON and BONNIE GAY WILSON; from Harris County; 14th district (14-97-00276-CV, RULE 47.7, 12-03-98)

motion to withdraw granted

99-0151 IN RE LUDWIG OTTO

With the following notation: "The petition for writ of mandamus is denied. See Tex. Gov't Code § 24.011."

99-0765 IN RE ROBERT A. STERN and TAMMANY A. STERN

as redrafted; as supplemented

99-0820 IN RE ANAHEIM ANGELS BASEBALL CLUB, INC. and ANAHEIM ANGELS, L.P.

99-0895 IN RE DONALD RAY THOMAS

99-0908 IN RE ABNER L. WASHINGTON

request to modify amount of copies granted

99-0915 IN RE ROBERT GILCHRIST, d/b/a CONCAN CABLE TV

99-0974 IN RE NICOLE PALMER PITTS, ELVA SALINAS, and BILLY JALUFKA

motion for stay overruled

99-0989 IN RE JOANN FOWLER

motion for emergency relief overruled

99-1005 IN RE KENNETH SIDDIQUI, individually, MASOOD SIDDIQUI, MOTOR KARS, MOTOR KARS OF SUGAR CREEK

motion for emergency relief overruled

99-1036 IN RE CHRISTINE THEARD

request for temporary stay overruled

99-1046 IN RE MARGARET ARLEEN CAVANAUGH a/k/a MARGARET ARLEEN MASTERSON

motion for temporary relief overruled

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS STRUCK PURSUANT TO RULE 9.4(i), TEXAS RULES OF APPELLATE PROCEDURE:

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.

The Court strikes the petition for writ of mandamus because it exceeds the page limits set forth in Tex. R. App. P. 52.6. Relators are ordered to redraw; the redrawn petition is due to be filed no later than November 4, 1999.

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED

FOR WANT OF JURISDICTION:

99-1003 IN RE MARTE CESAR GUILLEN

request for emergency action dismissed as moot

THE FOLLOWING PETITION FOR WRIT OF HABEAS CORPUS IS DENIED:

99-0902 IN RE DELEON BROOKS

THE UNOPPOSED THIRD 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

The Court abated the petition for writ of mandamus on August 19, 1999. The abatement is continued until November 18, 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.

THE FOLLOWING APPEAL IS ABATED PURSUANT TO BANKRUPTCY:

99-1034 UNITED OIL & MINERALS, INC. v. COSTILLA ENERGY, INC., JAMES E. PILGREEN, JOE A. ZALMAN, JR., JOHN ZALMAN, JOE ZALMAN III, and JASON ZALMAN; from 13th district (13-98-00319-CV)

The Court abates the appeal because of the bankruptcy of Costilla Energy, Inc. The motion for extension of time to file petition for review is removed from the Court's active docket; it will be reinstated only upon proper motion. See Tex. R. App. P. 8.2, 8.3.

THE MOTION FOR EXTENSION OF TIME TO FILE NOTIFICATION LETTER REGARDING BRIEF ON THE MERITS IN THE FOLLOWING CASE PENDING ON PETITION FOR WRIT OF MANDAMUS IS GRANTED:

99-0428 IN RE TEXAS FARMERS INSURANCE EXCHANGE

motion for leave to exceed page limits dismissed as moot

With the following notation: "The supplemental brief of the relator is being treated by the Court as a brief on the merits and thus the request to exceed page limits is dismissed as moot."

THE FOLLOWING CAUSES ARE SET FOR SUBMISSION ON WEDNESDAY, JANUARY 5, 2000, AT 9:00 A.M.:

98-0034 KECK, MAHIN & CATE, GRANT COOK, and ROBERT A. PLESSALA v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, P.A.; from Harris County; 14th district (14-96-00049-CV, 955 SW2D 120, 10-16-97)

98-0753 WACO INDEPENDENT SCHOOL DISTRICT v. LESTER and COQUE GIBSON, REV. JOE N. BLANFORD, A'DRANA GOODEN, and CLARA COBB; from McLennan County; 10th district (10-98-00136-CV, 971 SW2D 199, 07-24-98)

99-0231 THE BLAND INDEPENDENT SCHOOL DISTRICT, BOARD OF TRUSTEES OF THE BLAND INDEPENDENT SCHOOL DISTRICT, and SUPERINTENDENT OF THE BLAND INDEPENDENT SCHOOL DISTRICT v. DOUGLAS BLUE and CAROLYN BLUE; from Hunt County; 5th district (05-98-01133-CV, 989 SW2D 441, 01-26-99)

THE FOLLOWING CAUSE IS SET FOR SUBMISSION ON WEDNESDAY,

JANUARY 12, 2000, AT 9:00 A.M.:

99-0313 DORA ERNESTINE LUCK BARNETT, ET AL. v. MARLEEN KOVALCHIK BARNETT; from Harris County; 1st district (01-97-00656-CV, 985 SW2D 520, 02-18-99)