THE SUPREME COURT OF TEXAS


Orders Pronounced December 14, 2000


ORDERS ON CAUSES





99-0121 DEANA ANN LOZANO v. JUAN ANTONIO LOZANO, SR., BLANCA SUAREZ LOZANO, MONICA I. LOZANO, SANDRA WARNER, and EDUARDO A. LOZANO; from Harris County; 14th district (14-96-01555-CV, 983 SW2d 787, 11-19-98)



The Court affirms in part, reverses in part and remands in part, the court of appeals' judgment.

Per Curiam Opinion




Concurring and dissenting opinion by Chief Justice Phillips,

in which Justice Enoch, Justice Hankinson and Justice

Gonzales join, except as to Part IV(D), Monica Lozano, and Part IV(E),

Alex Lozano, and in which Justice Baker and Justice Abbott join,

except as to Part IV(A), Sandra Lozano Warner,

Part IV(D), Monica Lozano, and Part IV(E), Alex Lozano.


Concurring and dissenting opinion by Justice Hecht,

joined by Justice Owen.


Concurring and dissenting opinion by Justice Baker, joined by Justice

Abbott, and in which Justice Enoch, Justice Hankinson, and Justice

Gonzales join, except as to Sandra Lozano Warner.


Justice O'Neill not sitting.




ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:



00-0252 CORPUS CHRISTI FIRE FIGHTERS ASSOCIATION v. CITY OF CORPUS CHRISTI; from Nueces County; 13th district (13-98-00309-CV, 10 SW3d 723, 12-16-99)

00-0917 EDWARD BERGMAN and FOUTS & MOORE v. JOHN J. LAUGHLIN, III; from Harris County; 14th district (14-98-01099-CV, RULE 47.7, 06-15-00)

00-0919 TIM M. MCCLEARIN v. LEON'S FINE FOODS, INC. d/b/a LEON'S TEXAS CUISINE; from Dallas County; 5th district (05-97-01198-CV, RULE 47.7, 03-15-00)

00-1023 MARTIN SILVA, ET AL. v. YSLETA DEL SUR PUEBLO and THE TRIBAL COUNCIL OF YSLETA DEL SUR PUEBLO; from El Paso County; 8th district (08-99-00013-CV, 28 SW3d 122, 08-17-00)

00-1033 TEXAS FARMERS INSURANCE COMPANY v. CLOTEAL L. CAMERON and ALFRED L. CAMERON; from Dallas County; 5th district (05-99-00222-CV, ___ SW3d ___, 02-29-00)

00-1046 BRIAN WINDHAM v. CITY OF DE SOTO; from Dallas County; 5th district (05-99-00805-CV, RULE 47.7, 07-21-00)

00-1048 MOTEL ENTERPRISES, INC. v. U. S. RESTAURANT PROPERTIES OPERATING, L. P. and U. S. RESTAURANT PROPERTIES, INC.; from Angelina County; 9th district (09-99-00127-CV, 25 SW3d 293, 07-20-00)

00-1055 M. RIVAS ENTERPRISES, INC. d/b/a M. RIVAS FOOD STORE v. LYDIA GAYTAN; from Hidalgo County; 13th district (13-99-00067-CV, 24 SW3d 402, 05-11-00)

00-1060 ANTONIO SEPEDA v. VICTOR BROOKS, ET AL.; from Gray County; 7th district (07-00-00428-CV, RULE 47.7, 10-04-00)

00-1063 JORDAN HOLT v. APEX FINANCIAL CORPORATION; from Dallas County; 5th district (05-98-00161-CV, RULE 47.7, 07-10-00)



00-1104 HARRIS COUNTY FLOOD CONTROL DISTRICT v. MIDWEST CONSTRUCTION COMPANY; from Harris County; 14th district (14-98-01285-CV, 25 SW3d 722, 06-15-00)

00-1143 FIRST STATE BANK and TRUST COMPANY, CARTHAGE, TEXAS v. THE ESTATE OF MARJORIE M. NUGENT, by and through ROD M. NUGENT, executor; from Panola County; 12th district (12-99-00331-CV, RULE 47.7, 08-17-00)

THE FOLLOWING PETITION FOR REVIEW IS DISMISSED

FOR WANT OF JURISDICTION:


00-1099 GRAEBEL/HOUSTON MOVERS, INC. v. TERRY CHASTAIN and INA CHASTAIN; from Harris County; 1st district (01-99-00543-CV, 26 SW3d 24, 04-20-00)



THE JOINT MOTION PURSUANT TO SETTLEMENT TO REMAND

TO THE COURT OF APPEALS FOR IMMEDIATE ISSUANCE OF MANDATE

IN THE FOLLOWING PETITION FOR REVIEW IS GRANTED:




00-0904 GEO PIPE CO. and GEO INTERNATIONAL CORP. v. SAINT PAUL SURPLUS LINES INSURANCE CO.; from Harris County; 1st district (01-98-00294-CV, 25 SW3d 900, 08-10-00)





ORDERS ON MOTIONS FOR REHEARING



THE FOLLOWING MOTIONS FOR REHEARING OF PETITIONS FOR REVIEW

ARE DENIED:



00-0339 TEXAS RIVER BARGES v. CITY OF SAN ANTONIO; from Bexar County; 4th district (04-98-00837-CV, 21 SW3d 347, 01-12-00)



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)

00-0886 ALBERT L. SIVLEY v. MADISON COUNTY APPRAISAL DISTRICT, ET AL.; from Madison County; 10th district (10-99-00208-CV, RULE 47.7, 06-28-00)

00-0927 MILLS ELECTRICAL CONTRACTORS, INC. v. ALICIA DELUNA MAGANA and ISMAEL LUNA; from Dallas County; 5th district (05-98-01004-CV, RULE 47.7, 07-24-00)

00-0946 JOSH W. FELL v. STERLING PROCESS ENG. & SVC., INC.; from McLennan County; 10th district (10-98-00121-CV, RULE 47.7, 03-15-00)



THE FOLLOWING MOTIONS FOR REHEARING OF PETITIONS FOR WRIT

OF MANDAMUS ARE DENIED:




00-1000 IN RE JAIME MARROQUIN, SR.

as corrected



00-1176 IN RE DIANA FLORES and ROBERT R. WIGHTMAN

emergency motion for stay denied

(order delivered December 8, 2000)






MISCELLANEOUS



THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

00-1043 IN RE L. MICKELE' DANIELS

00-1050 IN RE 84 LUMBER COMPANY

00-1091 IN RE CAROL GANTT



THE FOLLOWING MOTION FOR TEMPORARY RELIEF

IS GRANTED:

00-1269 IN RE BRIDGESTONE/FIRESTONE, INC.

stay order issued

response requested by 5:00 p.m. December 28, 2000

[NOTE: The petition for writ of mandamus remains pending before this Court.]



THE FOLLOWING PETITION FOR REVIEW IS STRUCK PURSUANT TO

TEXAS RULES OF APPELLATE PROCEDURE, 9.4(i):




00-1262 CHRISTINE E. REULE v. STEPHEN R. LANDAU, individually, and LAW OFFICES OF STEPHEN R. LANDAU, a professional law corporation, CONNOLLY OYLER, individually, CONNOLLY OYLER, a professional corporation, JOHN MARK SAMBERG, individually, PETER BISNO, individually, THE LAW OFFICES OF BISNO AND SAMBERG, a partnership, and ALVIN ZIMMERMAN, individually; from Harris County; 1st district (01-98-00924-CV, RULE 47.7, 10-05-00)

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 December 28, 2000. See Tex. R. App. P. 9.4(d), 9.4(i), 53.6."