THE SUPREME COURT OF TEXAS



Orders Pronounced November 30, 2000


ORDERS ON CAUSES

98-1128 JOE ANN PUSTEJOVSKY, individually and as personal representative of the HEIRS and ESTATE OF HENRY J. PUSTEJOVSKY, JR. v. RAPID-AMERICAN CORPORATION; from Bexar County; 4th district (04-97-00768-CV, 980 SW2d 828, 09-30-98)



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



Opinion of the Court by Justice Gonzales



(Justice Hankinson not sitting)



99-0490 FORTUNE PRODUCTION CO., TUCKER DRILLING CO., INC., CURTIS HANKAMER CORP., and JOHN L. COX v. CONOCO, INC.; from Harris County; 1st district (01-97-00547-CV, RULE 47.7, 10-29-98)

2 petitions

The Court reverses the court of appeals' judgment in part, and remands the cause to the trial court.



The court of appeals' opinion is ordered published pursuant to Tex. R. App. P. 47.3(d).



Opinion by Justice Owen, joined by Chief Justice Phillips,

Justice Hecht, Justice Baker, Justice Abbott,

Justice Hankinson, Justice O'Neill, Justice Gonzales, and by

Justice Enoch in parts I, II, III, and V.



Concurring and dissenting opinion by Justice Enoch



 

ORDERS ON CASES GRANTED



THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:



00-0041 WAGNER & BROWN, LTD. and CANYON ENERGY, INC. d/b/a CANYON PIPELINE CORP. v. LONNIE HORWOOD and DAVID LAWRENCE GLASS; from Midland County; 8th district (08-98-00234-CV, RULE 47.7, 12-09-99)

motion to dismiss for want of jurisdiction denied

00-0091 HARSHAD G. SHAH, M.D. v. RONALD MOSS; from Midland County; 8th district (08-98-00316-CV, 7 SW3d 690, 11-04-99)

00-0325 MARINER FINANCIAL GROUP, INC. and JOE F. MOORE, JR. v. H. G. BOSSLEY and CAROLE P. BOSSLEY; from Harris County; 1st district (01-98-00595-CV, 11 SW3d 349, 01-06-00)

00-0418 HELENA CHEMICAL COMPANY and HYPERFORMER SEED COMPANY v. KENNETH WILKINS and TOM WILKINS, individually and d/b/a CHAPOTAL FARMS and PORCIONES 99 PROPERTIES, GEEN WILKINS and MARK WILKINS, individually and d/b/a TABASCO, and WILKINS FAMILY LIMITED PARTNERSHIP; from Starr County; 4th district (04-99-00107-CV, 18 SW3d 744, 03-08-00)

ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:





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)



Justice Hecht notes his dissent

99-1285 CAREMARK and PATRICIA ARREOLA v. CAMILLA STEINKAMP; from El Paso County; 8th district (08-98-00425-CV, 3 SW3d 191, 09-23-99)



00-0436 GLENN and JOLYNN BRAGG v. EDWARDS AQUIFER AUTHORITY and GREGORY ELLIS, GENERAL MANAGER of the EDWARDS AQUIFER AUTHORITY; from Medina County; 4th district (04-99-00059-CV, 21 SW3d 375, 01-19-00)

00-0540 HBK INVESTMENTS L.P., HBK FUND L.P., HBK CAYMAN L.P., HBK OFFSHORE FUND LTD., and HBK FINANCE L.P. v. SUNBEAM CORPORATION; from Tarrant County; 2nd district (02-99-00167-CV, RULE 47.7, 04-13-00)

00-0877 TEAMSTERS LOCAL UNION 988 and TERRY LOVAN v. MARIA FIELDS; from Harris County; 1st district (01-99-00304-CV, 23 SW3d 517, 06-08-00)

3 petitions

00-0916 ROSA MARIA GARCIA v. SPOHN HEALTH SYSTEM CORPORATION d/b/a SPOHN HOSPITAL, ET AL.; from Nueces County; 13th district (13-98-00447-CV, 19 SW3d 507, 04-28-00)

00-0924 W. RAY GUY and TERRI GUY v. DAVID CERSONSKY and DORA CERSONSKY; from Travis County; 3rd district (03-99-00219-CV, RULE 47.7, 05-11-00)



00-0935 MARCUS W. HIGHT and PUNK CARTER d/b/a HIGHT/CARTER GOAT PARTNERSHIP v. DUBLIN VETERINARY CLINIC, a professional corporation, J. DENNIS REED, D.V.M., and JOHN EDWARDS and JACKIE EDWARDS d/b/a ERATH GENERAL GENETIC SERVICES; from Erath County; 11th district (11-99-00151-CV, 22 SW3d 614, 06-08-00)

00-0938 RELIABLE CONSULTANTS, INC. d/b/a DREAMERS v. DELIA JAQUEZ; from Travis County; 3rd district (03-99-00364-CV, 25 SW3d 336, 07-27-00)

00-0968 RUSSELL E. BERTRAND v. WAL-MART STORES, INC. and TERRI HANSEN; from Anderson County; 12th district (12-99-00156-CV, ___ SW3d ___, 05-31-00)

00-0969 LEMUEL O. HERRING v. MICHAEL WELBORNE, DONALD KUBICEK, RICHARD CORRIGAN, ROBERT JOSEPH, MURRAY GUARANTY TITLE COMPANY, ROBERT HYATT, and CYNTHIA HYATT; from Wilson County; 4th district (04-99-00473-CV, ___ SW3d ___, 07-12-00)

00-0983 JIM RUTHERFORD INVESTMENTS, INC., and JIM RUTHERFORD, individually v. TERRAMAR BEACH COMMUNITY ASSOCIATION; from Galveston County; 14th district (14-99-00132-CV, 25 SW3d 845, 08-03-00)


00-0990 BRUCE HILL v. GENE WOODS, BENITO MOYA, JR., CLARENCE GLASS, SAMMY WRIGHT, DINAH LOVELADY, FRANKIE L. REESCANO, STEVE LANE, and CURTIS DAIGLE; from Walker County; 14th district (14-99-00425-CV, RULE 47.7, 08-10-00)

as supplemented

00-0994 STEPHANIE ANN STILL v. LATCH ENTERPRISES, INC. d/b/a CASH DASH; from Tyler County; 9th district (09-00-00167-CV, ORDER, 08-10-00)

00-0996 SEARS ROEBUCK and CO. v. DALLAS CENTRAL APPRAISAL DISTRICT; from Dallas County; 5th district (05-99-00480-CV, ___ SW3d ___, 08-09-00)

00-0997 MATTHEW KARLEY and AUTUMN WERNICK v. J. ARDIS BELL, M.D., FAMILY HEALTHCARE ASSOCIATES, FAMILY HEALTHCARE ASSOCIATES OF NORTHEAST TARRANT COUNTY, and NORTHEAST MEDICAL CLINIC ASSOCIATION; from Tarrant County; 2nd district (02-99-00022-CV, 24 SW3d 516, 06-29-00)

00-1005 DENISE STOCKTON and CECIL P. SAPP v. WILLIAM BELL; from Cameron County; 13th district (13-98-00600-CV, RULE 47.7, 05-25-00)

motion to withdraw granted



00-1039 CHARLIE LUERA d/b/a CHARLIE'S BODY SHOP v. TOMMY MAYNES; from Dallam County; 7th district (07-99-00325-CV, RULE 47.7, 07-27-00)



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

as redrafted

00-1070 BREE HENDRIX v. BEXAR COUNTY HOSPITAL DISTRICT d/b/a UNIVERSITY HEALTH CENTER DOWNTOWN; from Bexar County; 4th district (04-98-00833-CV, ___ SW3d ___, 08-30-00)

00-1085 DELO H. CASPARY v. WILLIAM K. WOODRUFF, WILLIAM K. WOODRUFF & COMPANY, and WKW HOLDINGS, INC.; from Aransas County; 13th district (13-98-00106-CV, RULE 47.7, 08-31-00)



00-1090 PATSY ANN ANDERTON v. ROCKWALL CENTRAL APPRAISAL DISTRICT, and APPRAISAL REVIEW BOARD OF ROCKWALL COUNTY; from Rockwall County; 5th district (05-99-01254-CV, RULE 47.7, 07-31-00)

00-1101 RAYMOND G. CARPENTER, JR. v. LORETTA CARPENTER; from Kendall County; 4th district (04-99-00784-CV, RULE 47.7, 09-06-00)





THE FOLLOWING PETITION FOR REVIEW IS DISMISSED FOR

WANT OF JURISDICTION:

00-1013 BILLIE CATTIN and CLYDE COOK v. HIGHPOINT VILLAGE APARTMENTS; from Wichita County; 2nd district (02-00-00122-CV, ___ SW3d ___, 08-28-00)

ORDERS ON MOTIONS FOR REHEARING

THE FOLLOWING MOTIONS FOR REHEARING OF PETITIONS FOR

REVIEW ARE DENIED:

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)



00-0603 WAL-MART STORES, INC., ET AL. v. JEREMIAH MCKENZIE; from Anderson County; 11th district (11-96-00275-CV, 22 SW3d 566, 04-27-00)

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)

00-0731 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)






THE FOLLOWING MOTION FOR REHEARING OF PETITION FOR WRIT

OF MANDAMUS IS DENIED:

00-0288 IN RE GENERAL REFRACTORIES COMPANY

MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

00-1062 IN RE SUNDAY HOUSE FOODS, INC.



00-1071 IN RE JUAN MANUEL SANCHEZ, ET AL.

00-1202 IN RE BRIDGESTONE/FIRESTONE, INC.

motion for emergency relief denied



(Order delivered November 22, 2000)



THE FOLLOWING PETITION FOR WRIT OF MANDAMUS AND WRITS OF

QUO WARRANTO IS DENIED:

00-1200 IN RE FRANKLIN H. BROWN, KENNETH D. STRINGHAM, and BILL STRINGHAM

motion to publish Court's opinion dismissed as moot






ORDER OF THE COURT


THE FOLLOWING CAUSE IS RESET FOR SUBMISSION ON WEDNESDAY,

JANUARY 17, 2001, AT 9:00 A.M.:

99-0670 TEXAS DEPARTMENT OF PUBLIC SAFETY v. BEN BARLOW; from BRAZOS County; 10th district (10-98-00212-CV, 992 SW2d 732, 05-26-99)



Time allotted to argue: 20/20 minutes



(Order delivered November 27, 2000)





THE FOLLOWING CAUSE IS SET FOR SUBMISSION ON WEDNESDAY,

JANUARY 31, 2001, AT 9:00 A.M.:

00-0091 HARSHAD G. SHAH, M.D. v. RONALD MOSS; from Midland County; 8th district (08-98-00316-CV, 7 SW3d 690, 11-04-99)



Time allotted to argue: 20/20 minutes



THE FOLLOWING CAUSES ARE SET FOR SUBMISSION ON WEDNESDAY,

FEBRUARY 7, 2001, AT 9:00 A.M.:

00-0041 WAGNER & BROWN, LTD. and CANYON ENERGY, INC. d/b/a CANYON PIPELINE CORP. v. LONNIE HORWOOD and DAVID LAWRENCE GLASS; from Midland County; 8th district (08-98-00234-CV, RULE 47.7, 12-09-99)



Time allotted to argue: 20/20 minutes

00-0325 MARINER FINANCIAL GROUP, INC. and JOE F. MOORE, JR. v. H. G. BOSSLEY and CAROLE P. BOSSLEY; from Harris County; 1st district (01-98-00595-CV, 11 SW3d 349, 01-06-00)



Time allotted to argue: 20/20 minutes



00-0418 HELENA CHEMICAL COMPANY and HYPERFORMER SEED COMPANY v. KENNETH WILKINS and TOM WILKINS, individually and d/b/a CHAPOTAL FARMS and PORCIONES 99 PROPERTIES, GEEN WILKINS and MARK WILKINS, individually and d/b/a TABASCO, and WILKINS FAMILY LIMITED PARTNERSHIP; from Starr County; 4th district (04-99-00107-CV, 18 SW3d 744, 03-08-00)



Time allotted to argue: 20/20 minutes