THE SUPREME COURT OF TEXAS


Orders Pronounced December 21, 2000


ORDERS ON CAUSES

98-0968 TEXAS ASSOCIATION OF COUNTIES COUNTY GOVERNMENT RISK MANAGEMENT POOL v. MATAGORDA COUNTY and KEITH KILGORE; from Matagorda County; 13th district (13-97-00074-CV, 975 SW2d 782, 08-20-98)

The Court affirms the court of appeals' judgment.

Opinion by Justice O'Neill, joined by Chief Justice Phillips,

Justice Enoch, Justice Baker, Justice Abbott,

Justice Hankinson, and Justice Gonzales

Dissenting opinion by Justice Owen, joined by Justice Hecht

99-0261 THE TORRINGTON COMPANY and INGERSOLL-RAND CORPORATION v. SHARON STUTZMAN, ET AL.; from Jefferson County; 9th district (09-97-00059-CV, ___ SW3d ___, 02-25-99)

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

Opinion by Justice O'Neill, joined by Chief Justice Phillips,

Justice Enoch, Justice Baker, Justice Abbott,

Justice Hankinson, and Justice Gonzales


Dissenting opinion by Justice Hecht, joined by Justice Owen


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

99-0419 SYLVESTER TURNER v. KTRK TELEVISION, INC. and WAYNE DOLCEFINO; from Harris County; 14th district (14-97-00240-CV, 987 SW2d 100, 12-30-98)

The Court affirms the court of appeals' judgment.

Opinion by Chief Justice Phillips, joined by Justice Abbott

and Justice Gonzales, and in which Justice Enoch,

Justice Baker, and Justice Hankinson join, except as to

Part III, and in which Justice Hecht and Justice Owen join,

except as to Part II.


Concurring and dissenting opinion by Justice Hecht,

joined by Justice Owen


Concurring and dissenting opinion by Justice Baker,

joined by Justice Enoch and Justice Hankinson


(Justice O'Neill not sitting)




99-0667 THE JOHN G. and MARIA STELLA KENEDY MEMORIAL FOUNDATION and CORPUS CHRISTI DIOCESE OF THE ROMAN CATHOLIC CHURCH v. DAVID DEWHURST, COMMISSIONER OF THE GENERAL LAND OFFICE, and THE STATE OF TEXAS; from Travis County; 3rd district (03-96-00517-CV, 994 SW2d 285, 05-27-99)

2 petitions

The Court affirms the court of appeals' judgment.

Opinion of the Court by Justice Gonzales




99-1027 THE ATCHISON, TOPEKA and SANTA FE RAILWAY COMPANY and STEPHEN GUERRERO v. JAIME ANTONIO CRUZ, ET AL.; from El Paso County; 8th district (08-97-00639-CV, 9 SW3d 173, 07-14-99)

2 petitions

The joint motion to grant petitions for review without reference to the merits, vacate, and remand for entry of judgment in accordance with settlement is granted. Pursuant to Rule 56.3, Texas Rules of Appellate Procedure, the Court grants the petitions for review without reference to the merits, vacates the judgments of the court of appeals and trial court, and remands the cause to the trial court for implementation of the settlement agreement. See Tex. R. App. P. 56.3.



99-1056 AMERICAN HOME PRODUCTS CORPORATION and WYETH-AYERST LABORATORIES, a division of AMERICAN HOME PRODUCTS CORPORATION v. FAWN C. CLARK, SYLVIA JACOBSON, ANNA KRAUS, SHARLET LAWS, NANCY WEBSTER, DONNA WELCH, DELIA ZEEH, CAROL BODILY, MARY JO HALL, and SHONNA BUSH; from Johnson County; 10th district (10-99-00134-CV, 3 SW3d 57, 06-29-99)

stay order of April 13, 2000 lifted

The Court affirms the court of appeals' judgment.

Opinion by Justice Baker, joined by Chief Justice Phillips,

Justice Enoch, Justice Abbott, Justice Hankinson,

Justice O'Neill, and Justice Gonzales


Concurring opinion by Justice Enoch, joined by Chief Justice Phillips


Dissenting opinion by Justice Owen, joined by Justice Hecht



THE UNOPPOSED MOTIONS TO SHARE ALLOTTED TIME FOR ORAL

ARGUMENT WITH AMICUS CURIAE PARTIES AND PRO HAC

VICE MOTION ARE GRANTED IN THE FOLLOWING CASE:

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

relators' motion to apportion allotted time for oral argument granted

Van Blarcums' motion to share allotted time for oral argument granted

motion of non-resident attorney to appear in a specific case granted

motion for order granting non-resident attorney permission to participate granted

 


ORDERS ON CASES GRANTED

THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:

00-0139 BASCOM W. BENTLEY, III. v. JOE ED BUNTON, ET AL.; from Anderson County; 12th district (12-97-00376-CV, ___ SW3d ___, 10-22-99)

2 petitions

00-0229 LONG DISTANCE INTERNATIONAL, INC. and STAR MARKETING SERVICE, INC. v. TELEFONOS DE MEXICO, S. A. DE C. V., SBC INTERNATIONAL, INC. and SBC COMMUNICATIONS, INC.; from Bexar County; 4th district (04-98-00873-CV, 18 SW3d 706, 01-31-00)

00-0581 E.I. DU PONT DE NEMOURS and COMPANY v. PECAN VALLEY NUT COMPANY, ET AL.; from Comanche County; 11th district (11-98-00154-CV, 15 SW3d 244, 03-09-00)

2 petitions

00-0625 SOUTHWESTERN ELECTRIC POWER COMPANY v. MUR LEE GRANT; from Rusk County; 6th district (06-98-00159-CV, 20 SW3d 764, 03-30-00)

as corrected


00-0643 THE M.D. ANDERSON CANCER CENTER, JOHN MENDELSOHN, M.D., and JOHN DOES nos. 1 through 10 v. HENRY J. NOVAK, individually, and as class representative; from Travis County; 3rd district (03-99-00150-CV, RULE 47.7, 03-09-00)

00-0688 RIYAD BANK, HOUSTON AGENCY v. TAWFIC AL GAILANI and ABDALLAH ADEL; from Harris County; 8th district (08-99-00139-CV, 22 SW3d 560, 04-06-00)

00-0710 MCALLEN MEDICAL CENTER, INC. v. RAMIRO CORTEZ, JR., ET AL.; from Hidalgo County; 13th district (13-99-00380-CV, 17 SW3d 305, 04-06-00)


ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:



99-1183 SISTERS OF CHARITY OF THE INCARNATE WORD, HOUSTON, TEXAS, a certified self-insured v. ALICE M. PHIPPS; from Hardin County; 9th district (09-99-00004-CV, RULE 47.7, 10-07-99)

motion for approval of attorney fees, as amended, denied

00-0494 FRASCO, INC. v. HENRY QUANAIM; from Harris County; 14th district (14-98-00890-CV, 17 SW3d 30, 03-09-00)

00-0690 PROCOM ENERGY, L.L.A., MIKE CHANDLER, and JOHN CUMMINGS v. R. BRYON ROACH, trustee; from Gregg County; 12th district (12-98-00138-CV, 16 SW3d 377, 01-26-00)

2 petitions

00-0809 RODNEY CROSS, temporary conservator v. OLD REPUBLIC SURETY COMPANY; from Bexar County; 4th district (04-99-00689-CV, ___ SW3d ___, 05-24-00)

00-0828 NATIONS FINANCE CORPORATION v. DANIEL M. MAHONEY a/k/a DANIEL MAXSON MAHONEY d/b/a MAHONEY REALTORS; from Denton County; 2nd district (02-98-00374-CV, RULE 47.7, 06-29-00)


00-0865 D'ANN WARD v. RICHARD GEORGE THERRIAULT and THE CITY OF TEMPLE; from Bell County; 3rd district (03-99-00424-CV, RULE 47.7, 06-15-00)

motion to strike denied

00-0961 OWEN ROBERT ARNOLD, JR., individually and as heir at law in THE ESTATE OF MARY ALICE ARNOLD v. AUDRENE SHUCK; from Montgomery County; 6th district (06-00-00001-CV, 24 SW3d 470, 06-09-00)

00-1002 RAYMOND CHANG v. NORTH TEXAS MESBIC, INC.; from Dallas County; 5th district (05-99-01228-CV, RULE 47.7, 07-31-00)

00-1081 VERNA KAY CHAPPELL v. JACKSON and GLORIA ANN JACKSON, ET AL.; from Anderson County; 12th district (12-98-00210-CV, ___ SW3d ___ 05-31-00)

3 petitions

00-1082 JAMES C. JOHNSTON, M.D. v. AMERICAN MEDICAL INTERNATIONAL, INC., AMI NACOGDOCHES MEDICAL CENTER HOSPITAL and NATIONAL MEDICAL ENTERPRISES, INC., n/k/a TENENT HEALTHCARE CORPORATION, DR. MORRIS JACKSON and LISA JACKSON, DR. WILLIAM JONES and JOHN HAIDINYAK, M.D.; from Nacogdoches County; 12th district (12-99-00404-CV, RULE 47.7, 08-14-00)

00-1086 DR. and MRS. STUART STEIN, individually and as next friend of A. J. S. v. THE CITY OF PLANO and THE PLANO PARKS AND RECREATION DEPARTMENT; from Collin County; 5th district (05-98-00362-CV, RULE 47.7, 08-31-00)

00-1088 CHECKER BAG COMPANY, a division of CHECKER FOOD PRODUCTS COMPANY and CHECKER FOOD PRODUCTS COMPANY v. LEE WASHINGTON d/b/a COUNTRY FAIR CONFECTIONS; from McLennan County; 10th district (10-98-00332-CV, ___ SW3d ___, 08-30-00)

00-1092 UVALDO RAMOS, JR. v. STATE OF TEXAS; from Tom Green County; 3rd district (03-00-00540-CV, RULE 47.7, 08-31-00)

00-1094 DAN HAGOOD v. JOSE GOMEZ; from Dallas County; 5th district (05-99-00260-CV, RULE 47.7, 07-20-00)

00-1096 MARK BROCKSTEIN v. JOHN WIESNER, INC. and GMAC; from Harris County; 6th district (06-99-00142-CV, RULE 47.7, 08-31-00)



00-1100 MICHAEL and YVETTE MITCHELL v. PRAIRIE VIEW A&M UNIVERSITY OF TEXAS; from Waller County; 1st district (01-99-00834-CV, ___ SW3d ___, 08-31-00)

00-1110 BURNHAM AUTOCOUNTRY, INC. v. NEW CANEY INDEPENDENT SCHOOL DISTRICT, ET AL.; from Montgomery County; 6th district (06-00-00024-CV, ___ SW3d ___, 09-07-00)

00-1121 FLEET TRANSPORTATION SYSTEMS, INC. and SWIFTSEA MANAGEMENT, LTD. v. BUTLER and BINION, and LUIS SALINAS, JR.; from Harris County; 14th district (14-99-00500-CV, RULE 47.7, 07-13-00)

00-1134 SHIRLEY METZGER, as the independent executrix of THE ESTATE OF FRANCES E. MERRICK, and individually as heir v. HERMAN D. RAYBURN and BETTY RAYBURN; from Menard County; 4th district (04-99-00060-CV, RULE 47.7, 07-12-00)

00-1155 DALLAS PUBLIC SCHOOLS f/k/a DALLAS INDEPENDENT SCHOOL DISTRICT v. JOHNNY C. BARFIELD; from Dallas County; 5th district (05-97-00847-CV, RULE 47.7, 07-31-00)

00-1167 JOHN ADAIR v. BROOKSHIRE GROCERY COMPANY d/b/a SUPER 1 FOODS; from Gregg County; 12th district (12-99-00455-CV, RULE 47.7, 09-28-00)

00-1170 ROBERT M. ORTEGA v. TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES; from Bexar County; 4th district (04-99-00590-CV, ___ SW3d ___, 09-27-00)



THE FOLLOWING PETITION FOR REVIEW IS DISMISSED AS MOOT:

00-0780 TEXAS NATURAL RESOURCE CONSERVATION COMMISSION v. JOE GRISSOM; from Travis County; 3rd district (03-99-00117-CV, 17 SW3d 797, 05-18-00)

2 petitions

The abatement order of September 22, 2000 is lifted. Texas Natural Resource Conservation Commission's motion to lift abatement in part is dismissed as moot. The joint motion of petitioner United Copper Industries, Inc. and respondent Joe Grissom to dismiss petition for review of petitioner Texas Natural Resource Conservation Commission is granted. Accordingly, Texas Natural Resource Conservation Commission's petition for review is dismissed as moot. Petitioner United Copper Industries, Inc.'s motion to withdraw its petition for review is granted. The joint motion of petitioner United Copper Industries, Inc. and respondent Joe Grissom requesting new schedule for response to petition for review of petitioner Texas Natural Resource Conservation Commission is dismissed as moot.



ORDERS ON MOTIONS FOR REHEARING

THE FOLLOWING MOTION FOR REHEARING OF CAUSE IS DENIED:

99-0450 IN RE THE UNIVERSITY OF TEXAS HEALTH CENTER AT TYLER

THE FOLLOWING MOTIONS FOR REHEARING OF PETITION 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)

99-1006 M. D. MARK, INC. v. TXO PRODUCTION CORP. and MARATHON OIL CO.; from Harris County; 14th district (14-97-00105-CV, 999 SW2d 137, 07-29-99)

00-0861 WENDY DAVIS v. STAR-TELEGRAM OPERATING, LTD. d/b/a FORT WORTH STAR-TELEGRAM, STAR-TELEGRAM NEWSPAPER, INC., CAPITAL CITIES/ABC, INC., THE WALT DISNEY COMPANY, and RICHARD L. CONNOR; from Dallas County; 5th district (05-98-00088-CV, RULE 47.7, 07-07-00)

(Justice O'Neill not sitting)


MISCELLANEOUS

THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

00-0495 IN RE AMERICAN HOME PRODUCTS CORPORATION, WYETH-AYERST DIVISION OF AMERICAN HOME PRODUCTS CORPORATION, and AMERICAN HOME PRODUCTS CORPORATION as successor by merger to A. H. ROBINS COMPANY, INC.

00-1124 IN RE ELEANOR MOWERY-SHEETS and ELEANOR MOWERY-SHEETS, INC.

stay order of November 1, 2000 lifted

(Justice Enoch not sitting)

00-1180 IN RE CHARLES BRUCE SLEDD

00-1268 IN RE J. HOWARD MARSHALL, III and WILL FORD HARTNETT






THE MOTION TO CONSOLIDATE THE FOLLOWING PETITIONS FOR REVIEW

IS GRANTED:

00-1252 LONNIE BUTLER, JR. v. CONTINENTAL AIRLINES, INC.; from Harris County; 1st district (01-98-00662-CV, ___ SW3d ___, 08-17-00)

- consolidated with -

00-1263 LONNIE BUTLER, JR. v. CONTINENTAL AIRLINES, INC.; from Harris County; 1st district (01-00-00396-CV, ___ SW3d ___, 08-17-00)



ORDER OF THE COURT

THE FOLLOWING CAUSES ARE SET FOR SUBMISSION ON WEDNESDAY,

FEBRUARY 21, 2001, AT 8:00 A.M.:

00-0139 BASCOM W. BENTLEY, III. v. JOE ED BUNTON, ET AL.; from Anderson County; 12th district (12-97-00376-CV, ___ SW3d ___, 10-22-99)

Oral submission of this cause will be conducted at the University of Texas at El Paso, Fox Fine Arts Recital Hall. See Tex. Const. Art. V, § 3(a).

Time allotted to argue: 20/20 minutes




00-0229 LONG DISTANCE INTERNATIONAL, INC. and STAR MARKETING SERVICE, INC. v. TELEFONOS DE MEXICO, S. A. DE C. V., SBC INTERNATIONAL, INC. and SBC COMMUNICATIONS, INC.; from Bexar County; 4th district (04-98-00873-CV, 18 SW3d 706, 01-31-00)

Oral submission of this cause will be conducted at the University of Texas at El Paso, Fox Fine Arts Recital Hall. See Tex. Const. Art. V, § 3(a).

Time allotted to argue: 20/20 minutes






00-0581 E.I. DU PONT DE NEMOURS and COMPANY v. PECAN VALLEY NUT COMPANY, ET AL.; from Comanche County; 11th district (11-98-00154-CV, 15 SW3d 244, 03-09-00)

Oral submission of this cause will be conducted at the University of Texas at El Paso, Fox Fine Arts Recital Hall. See Tex. Const. Art. V, § 3(a).

Time allotted to argue: 20/20 minutes

THE FOLLOWING CAUSES ARE NOT SET FOR SUBMISSION

AT THIS TIME:

00-0625 SOUTHWESTERN ELECTRIC POWER COMPANY v. MUR LEE GRANT; from Rusk County; 6th district (06-98-00159-CV, 20 SW3d 764, 03-30-00)

00-0643 THE M.D. ANDERSON CANCER CENTER, JOHN MENDELSOHN, M.D., and JOHN DOES nos. 1 through 10 v. HENRY J. NOVAK, individually, and as class representative; from Travis County; 3rd district (03-99-00150-CV, RULE 47.7, 03-09-00)

00-0688 RIYAD BANK, HOUSTON AGENCY v. TAWFIC AL GAILANI and ABDALLAH ADEL; from Harris County; 8th district (08-99-00139-CV, 22 SW3d 560, 04-06-00)

00-0710 MCALLEN MEDICAL CENTER, INC. v. RAMIRO CORTEZ, JR., ET AL.; from Hidalgo County; 13th district (13-99-00380-CV, 17 SW3d 305, 04-06-00)