THE SUPREME COURT OF TEXAS


Orders Pronounced December 7, 2000


ORDERS ON CAUSES



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

Opinion by Justice Hecht, joined by Justice Owen,

Justice Baker, Justice Abbott, Justice O'Neill,

and Justice Gonzales


Dissenting opinion by Chief Justice Phillips, joined by

Justice Enoch and Justice Hankinson




99-0366 STEPHEN JAMES UTTS, M.D. v. DENNIE SHORT, individually and as executor of THE ESTATE OF CLIFTON SHORT, deceased, NORMA L. SHORT, PATRICIA ANN CAIN, and SAM SHORT; from Travis County; 3rd district (03-98-00120-CV, 987 SW2d 626, 03-04-99)

The Court affirms the court of appeals' judgment.

Per Curiam Opinion


Justice Gonzales delivered the opinion of the Court as to

Parts I and IIB and a concurring opinion as to Parts IIA, IIC,

and III, all of which Chief Justice Phillips and Justice Abbott

joined. Justice Enoch, Justice Baker, Justice Hankinson,

and Justice O'Neill joined Parts I and IIB of the

Court's opinion and its judgment.


Concurring opinion by Justice Hankinson, joined by

Justice Enoch, Justice Baker, and Justice O'Neill


Dissenting opinion by Justice Owen, joined by Justice Hecht

99-0859 THE MONTGOMERY INDEPENDENT SCHOOL DISTRICT v. JOANNE DAVIS; from Montgomery County; 9th district (09-97-00459-CV, 994 SW2d 435, 07-15-99)

The Court affirms the court of appeals' judgment.

Opinion by Justice Hankinson, joined by

Chief Justice Phillips, Justice Enoch, Justice Baker,

Justice O'Neill, and Justice Gonzales


Dissenting opinion by Justice Owen, joined by

Justice Hecht and Justice Abbott



00-0141 WILLIAM L. SPRADLIN v. JIM WALTER HOMES, INC.; from Dallas County; 5th district (05-99-00020-CV, 9 SW3d 473, 01-11-00)

The Court affirms the court of appeals' judgment.

Opinion of the Court by Justice Abbott



ORDERS ON CASES GRANTED

THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:

00-0292 SUBARU OF AMERICA, INC. v. DAVID McDAVID NISSAN, INC. d/b/a DAVID McDAVID SUBARU; from Dallas County; 5th district (05-97-00025-CV, 10 SW3d 56, 11-30-99)

00-0513 HANAN BUTNARU & GIL BUTNARU v. FORD MOTOR COMPANY; from Val Verde County; 4th district (04-99-00891-CV, 18 SW3d 762, 03-08-00)

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS

SET FOR ORAL ARGUMENT:

00-0548 IN RE FIRSTMERIT BANK, N.A. f/k/a SIGNAL BANK, N.A. and MOBILE CONSULTANTS, INC.

THE FOLLOWING DIRECT APPEAL IS SET FOR ORAL ARGUMENT:

00-0936 TXU ELECTRIC COMPANY, ET AL. v. PUBLIC UTILITY COMMISSION OF TEXAS, ET AL.

motion requesting setting for oral argument dismissed as moot

(Justice O'Neill not sitting)

ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:



99-1292 CHROMALLOY GAS TURBINE CORPORATION v. UNITED TECHNOLOGIES CORPORATION; from Bexar County; 4th district (04-97-00674-CV, 9 SW3d 324, 11-24-99)

00-0385 FINANCIAL CENTER, INC. v. TRST CORPUS, INC.; from Harris County; 14th district (14-98-00051-CV, 9 SW3d 316, 11-18-99)

00-0397 HARRIS COUNTY, TEXAS v. JAMES MCDOUGAL and STEPHEN ACKER; from Harris County; 1st district (01-98-00812-CV, RULE 47.7, 02-17-00)

00-0432 DALLAS METAL FABRICATORS, INC. v. LANCASTER INDEPENDENT SCHOOL DISTRICT; from Dallas County; 5th district (05-97-01164-CV, 13 SW3d 123, 01-31-00)

00-0464 WRIGHT COMMERCIAL CONTRACTING, INC. v. DESOTO INDEPENDENT SCHOOL DISTRICT and LANCASTER INDEPENDENT SCHOOL DISTRICT; from Dallas County; 5th district (05-98-00196-CV, RULE 47.7, 03-31-00)

motion to consolidate dismissed as moot

00-0536 ROBERTSON COUNTY, TEXAS v. CYNTHIA WYMOLA; from Travis County; 3rd district (03-99-00328-CV, 17 SW3d 334, 04-13-00)

00-0608 CENTRAL POWER AND LIGHT COMPANY v. PUBLIC UTILITY COMMISSION OF TEXAS; from Travis County; 3rd district (03-99-00204-CV, 17 SW3d 780 05-04-00)

00-0629 IN THE INTEREST OF B. D.; from Harris County; 1st district (01-99-00437-CV, 16 SW3d 77, 03-09-00)

Concurring opinion by Justice Owen, joined by Justice Hecht

00-0739 COASTAL TRANSPORT CO. v. CROWN CENTRAL PETROLEUM CORP. and LIBERTY MUTUAL INSURANCE CO.; from Harris County; 14th district (14-99-00135-CV, 20 SW3d 119, 03-30-00)

(Justice Hankinson not sitting)

00-0860 MARIA C. WEST v. DAVID WEST; from Cameron County; 13th district (13-98-00522-CV, RULE 47.7, 05-18-00)

00-0902 LARRY TURNER v. GARY ADAMS, POLICE CHIEF; from Bowie County; 6th district (06-00-00093-CV, RULE 47.7, 07-07-00)



00-0960 RAUL DIAZ, JUAN SANCHEZ, LUIS F. BORREGO, ELIZABETH RIVERA, ERASMO T. PAYAN, and RAUL RODRIGUEZ v. THE STATE OF TEXAS; from El Paso County; 8th district (08-99-00486-CV, ___ SW3d ___, 08-03-00)

00-0987 BAKER DRYWALL CO., INC. v. LANCASTER INDEPENDENT SCHOOL DISTRICT; from Dallas County; 5th district (05-97-01504-CV, RULE 47.7, 08-10-00)

00-1017 SCOTT SANES and J. W. STRINGER v. CLAYTON A. CLARK, ERNEST H. CANNON, ST. PAUL SURPLUS LINES INSURANCE COMPANY, SCOTTSDALE INSURANCE COMPANY, and WESTCHESTER FIRE INSURANCE COMPANY; from Madison County; 10th district (10-99-00014-CV, 25 SW3d 800, 07-26-00)

00-1027 CARROLL JOHNSON v. BURGER KING, ET AL.; from Jefferson County; 9th district (09-99-00548-CV, RULE 47.7, 08-17-00)

00-1031 JESSIE ROEBUCK and CARMOLENE ROEBUCK v. TEREX-TELECT, INC.; from Harris County; 14th district (14-99-00823-CV, RULE 47.7, 08-31-00)

00-1034 IN THE INTEREST OF C. Q. T. M., minor child; from Coryell County; 10th district (10-99-00193-CV, ___ SW3d ___, 07-19-00)

00-1035 KENNETH W. LEWIS and SANDRA LEWIS v. TRINITY-MOTHER FRANCES HEALTH SYSTEMS, INC.; from Smith County; 12th district (12-99-00282-CV, RULE 47.7, 08-17-00)

00-1040 IRMA Y. GONZALEZ, individually and as representative of THE ESTATE OF SALOME GONZALEZ, and ALEJANDRO ORTIZ GUTIERREZ, and BLANCA I. MUNOZ, as next friends of A. M. O., A. M. O., M. M. O., and L. E. M. O. v. MOUNTAIN VALLEY APARTMENTS, BRENDA SHELLEY, and ROBERT KINSEY; from Dallas County; 5th district (05-99-01042-CV, RULE 47.7, 08-24-00)

00-1041 FRONTIER COMPUTER CORPORATION v. TELERESOURCE CORPORATION and THOMAS A. D'AMICO; from Dallas County; 5th district (05-99-01134-CV, RULE 47.7, 06-22-00)

00-1056 ERIC RANDALL HINKLE v. STEVEN JOHNSTON; from Tarrant County; 2nd district (02-99-00376-CV, RULE 47.7, 07-20-00)


00-1057 LEROY EVANS, ET AL. v. CITY OF BISHOP, TEXAS; from Nueces County; 13th district (13-99-00288-CV, RULE 47.7, 08-10-00)

00-1064 DARREN B. SWAIN, INC. v. NATIONAL ECONOMIC RESEARCH, ET AL.; from Tarrant County; 2nd district (02-00-00222-CV, RULE 47.7, 08-10-00)

00-1066 ALC FINANCIAL CORPORATION v. JAMES VANDEHAAR; from Jefferson County; 9th district (09-99-00080-CV, 25 SW3d 406, 08-31-00)

00-1098 OLSHAN FOUNDATION REPAIR COMPANY v. LISA A. LOUCK; from Harris County; 14th district (14-99-00076-CV, RULE 47.7, 08-10-00)

00-1128 JANICE WILLBORN and RICHARD WILLBORN v. JOHN MCBRIDE; from Bexar County; 4th district (04-99-00749-CV, RULE 47.7, 08-23-00)

THE FOLLOWING PETITION FOR REVIEW IS DISMISSED

FOR WANT OF JURISDICTION:

00-0541 EXXON COMPANY, U.S.A. and EXXON CORPORATION v. JACK O. MCCALL ESTATE, by and through DOLORES L. MCCALL, ind. executrix, ALBERT M. ROGERS and MARY K. CUBINE; from Winkler County; 8th district (08-99-00033-CV, RULE 47.7, 04-13-00)

motion to dismiss for want of jurisdiction dismissed as moot

(Justice O'Neill not sitting)


THE FOLLOWING PETITION FOR REVIEW IS DISMISSED:

98-0926 LEGAL SECURITY LIFE INSURANCE COMPANY v. GULF COAST ALLOY WELDING, INC.; from Harris County; 1st district (01-96-01461-CV, 981 SW2d 239, 08-13-98)

abatement order of April 1, 1999 lifted

motion for extension of time to file response to petition for review dismissed as moot





ORDERS ON MOTIONS FOR REHEARING

THE FOLLOWING MOTIONS FOR REHEARING OF PETITIONS FOR REVIEW

ARE DENIED:

99-0954 AT&T CORP. and AT&T COMMUNICATIONS OF THE SOUTHWEST, INC. v. CAROLE KEETON RYLANDER, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS; and JOHN CORNYN, ATTORNEY GENERAL OF THE STATE OF TEXAS; from Travis County; 3rd district (03-98-00207-CV, 2 SW3d 546, 08-26-99)

(Justice Hankinson not sitting)


00-0372 B. N. and M. L. D., minors, by their next friend, PENNY NASH v. VERA SELINKO, M.D., SUN BELT CT SERVICES and/or SUN BELT REGIONAL MEDICAL CENTER, INC., d/b/a COLUMBIA EAST HOUSTON MEDICAL CENTER f/k/a DOCTORS HOSPITAL EAST LOOP; from Harris County; 14th district (14-98-00919-CV, 14 SW3d 315, 12-23-99)

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)

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)

MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

00-1036 IN RE YUMA PETROLEUM COMPANY, YUMA RESOURCES, INC., GULF STATES PRODUCTION COMPANY, YUMA EXPLORATION and PRODUCTION COMPANY, INC., and SAM L. BANKS



00-1255 IN RE FOUR HUNDRED NINE DOLLARS IN UNITED STATES CURRENCY, MISCELLANEOUS ITEMS, LISA FRITH

(Order delivered December 6, 2000)




THE MOTIONS FOR APPOINTMENT OF AN INVESTIGATOR, FOR

APPOINTMENT OF ATTORNEY AD LITEM AND FOR ISSUANCE OF BENCH

WARRANT ARE DENIED IN THE FOLLOWING CASE:

00-1172 ERVIN EDWARD KINGSBURY, III v. DORIS JEAN KINGSBURY; from Tarrant County; 2nd district (02-99-00321-CV, RULE 47.7, 09-28-00)



ORDER ON APPEAL FROM DENIAL OF AN APPLICATION TO

CONSENT TO AN ABORTION WITHOUT PARENTAL NOTIFICATION

UNDER SECTION 33.004(f), FAMILY CODE:

00-1242 IN RE JANE DOE 7

The Court affirms the court of appeals' judgment without opinion.

Justice Enoch notes that he would deny the appeal.

(Order delivered December 5, 2000)




ORDER OF THE COURT

THE FOLLOWING CAUSE IS SET FOR SUBMISSION ON WEDNESDAY,

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

00-0936 TXU ELECTRIC COMPANY, ET AL. v. PUBLIC UTILITY COMMISSION OF TEXAS, ET AL.

Time allotted to argue: 20/20 minutes



THE FOLLOWING CAUSES ARE SET FOR SUBMISSION ON WEDNESDAY,

FEBRUARY 14, 2001, AT 9:00 A.M.:

00-0292 SUBARU OF AMERICA, INC. v. DAVID McDAVID NISSAN, INC. d/b/a DAVID McDAVID SUBARU; from Dallas County; 5th district (05-97-00025-CV, 10 SW3d 56, 11-30-99)

Time allotted to argue: 20/20 minutes


00-0513 HANAN BUTNARU & GIL BUTNARU v. FORD MOTOR COMPANY; from Val Verde County; 4th district (04-99-00891-CV, 18 SW3d 762, 03-08-00)

Time allotted to argue: 20/20 minutes




00-0548 IN RE FIRSTMERIT BANK, N.A. f/k/a SIGNAL BANK, N.A. and MOBILE CONSULTANTS, INC.

Time allotted to argue: 20/20 minutes