Supreme Court

December 19, 2014 
Texas State Seal
THE SUPREME COURT OF TEXAS
Orders Pronounced December 19, 2014
 
ORDERS ON CAUSES
13-0435
CITY OF HOUSTON v. JAMES & ELIZABETH CARLSON, ET AL.; from Harris County; 14th Court of Appeals District (14-12-00099-CV, 401 SW3d 725, 05-02-13)
 
The Court reverses the court of appeals' judgment and dismisses the case for want of jurisdiction.

Justice Brown delivered the opinion of the Court.

Justice Willett delivered a concurring opinion, in which Justice Devine joined.
13-0537
IN RE STATE BOARD FOR EDUCATOR CERTIFICATION; from Travis County; 3rd Court of Appeals District (03-13-00376-CV, 411 SW3d 576, 07-03-13)
 
The Court denied the petition for writ of mandamus.

Justice Willett delivered the opinion of the Court.

Justice Guzman delivered a concurring opinion, in which Justice Brown joined.
13-0686
JOHN THOMPSON v. TEXAS DEPARTMENT OF LICENSING AND REGULATION; from Travis County; 3rd Court of Appeals District (03-11-00316-CV, ___ SW3d ___, 07-18-13)
 
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment.

Per Curiam Opinion
View Electronic Briefs | Oral Argument N/A | Video N/A

13-0907
RICHMONT HOLDINGS, INC., NUKOTE HOLDING, INC., NUKOTE INTERNATIONAL, INC., INKBRARY, L.L.C., SUPERIOR ACQUISITIONS L.L.C., JOHN P. ROCHON, SR., JOHN P. ROCHON, JR., KELLY KITTRELL, RUSSELL MACK, C & R SERVICES, INC. AND KENNETH R. SCHLAG v. SUPERIOR RECHARGE SYSTEMS, L.L.C. AND JON BLAKE; from Denton County; 2nd Court of Appeals District (02-10-00161-CV, ___ SW3d ___, 08-22-13)
 
motion to strike dismissed as moot
 
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to the trial court.

Per Curiam Opinion
View Electronic Briefs | Oral Argument N/A | Video N/A

13-0967
S.A.S. AND L.O.S., INDIVIDUALLY AND AS NEXT FRIENDS OF E.R.S. AND E.L.S., THEIR MINOR CHILDREN v. BETH BRYANT, ATASCOCITA UNITED METHODIST CHURCH AND THE WEEKDAY LEARNING CENTER; from Harris County; 1st Court of Appeals District (01-12-00189-CV, 416 SW3d 52, 10-22-13)
 
The Court withdraws its order of October 3, 2014, granting the petition for review, as the petition was improvidently granted. The petition for review is denied.
THE FOLLOWING CAUSE IS DISMISSED:
14-0079
LOWER COLORADO RIVER AUTHORITY v. CITY OF BOERNE, TEXAS; from Kendall County; 4th Court of Appeals District (04-13-00108-CV, 422 SW3d 60, 01-08-14)
 
motion for dismissal pursuant to settlement granted
(Chief Justice Hecht not sitting) 
THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:
11-0425
PETROLEUM SOLUTIONS, INC. v. BILL HEAD D/B/A BILL HEAD ENTERPRISES AND TITEFLEX, INC.; from Hidalgo County; 13th Court of Appeals District (13-09-00204-CV, ___ SW3d ___, 04-29-11)
 
2 rehearings
 
The Court's opinion issued July 11, 2014 is withdrawn and the opinion issued this date is substituted. The opinion dissenting in part issued July 11, 2014 is reissued this date without change. The judgment issued July 11, 2014 remains in place.

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

Justice Lehrmann delivered the opinion of the Court, in which Chief Justice Hecht, Justice Green, Justice Johnson, Justice Willett, Justice Guzman, Justice Devine, and Justice Brown joined, and in Parts I and II of which Justice Boyd joined.

Justice Boyd delivered an opinion dissenting in part.
 
12-0483
ROSEMARIE PORRETTO AND RANDY W. WILLIAMS, AS CHAPTER 7 TRUSTEE OF THE BANKRUPTCY ESTATE OF SONYA PORRETTO v. TEXAS GENERAL LAND OFFICE AND JERRY PATTERSON, IN HIS OFFICIAL CAPACITY AS TEXAS LAND COMMISSIONER; from Galveston County; 1st Court of Appeals District (01-09-00520-CV, 369 SW3d 276, 12-015-11)
 
2 rehearings
 
(Justice Boyd not sitting)
 
12-0604
HIGHLAND HOMES LTD. v. THE STATE OF TEXAS; from Bexar County; 8th Court of Appeals District (08-10-00215-CV, 417 SW3d 478, 06-13-12)
 
12-0772
ZACHRY CONSTRUCTION CORPORATION v. PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, TEXAS; from Harris County; 14th Court of Appeals District (14-10-00708-CV, 377 SW3d 841, 08-09-12)
 
13-0234
GILBERT WHEELER, INC. v. ENBRIDGE PIPELINES (EAST TEXAS), L.P.; from Shelby County; 12th Court of Appeals District (12-11-00303-CV, 393 SW3d 921, 02-13-13)
ORDERS ON CASES GRANTED
THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
14-0122
LIFE PARTNERS, INC. AND MILKIE/FERGUSON INVESTMENT, INC. v. MICHAEL ARNOLD, JANET ARNOLD, STEVE SOUTH AS TRUSTEE ON AND ON BEHALF OF THE SOUTH LIVING TRUST, JOHN S. FERRIS, M.C., CHRISTINE DUNCAN, AND ALL OTHERS SIMILARLY SITUATED; from Dallas County; 5th Court of Appeals District (05-12-00092-CV, 416 SW3d 577, 08-28-13)
 
2 petitions
 
- consolidated for oral argument with -
 
14-0226
LIFE PARTNERS HOLDINGS, INC., LIFE PARTNERS, INC., BRIAN D. PARDO, R. SCOTT PEDEN, ADVANCE TRUST & LIFE ESCROW SERVICES, L.T.A., AND PURCHASE ESCROW SERVICES, LLC v. STATE OF TEXAS; from Travis County; 3rd Court of Appeals District (03-13-00195-CV, ___ SW3d ___, 02-06-14)
 
2 petitions
 
[Note: These causes have been set for oral argument at 9:00 a.m., January 15, 2015.]
Time allotted to argue: 20/20 minutes
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
11-0481
ATKINS NORTH AMERICA, INC. F/K/A POST, BUCKLEY, SCHUH & JERNIGAN, INC., PBS&J CONSTRUCTION SERVICES, INC. AND YU-CHUN SU, P.E. v. CCE, INC.; from Harris County; 1st Court of Appeals District (01-09-00040-CV, ___ SW3d ___, 01-28-11)
 
13-0756
TRACY B. BROWN v. JANET KLEEREKOPER; from Harris County; 1st Court of Appeals District (01-11-00972-CV, ___ SW3d ___, 03-05-13)
 
motions for leave to supplement record dismissed as moot
 
13-0882
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 5, DAN SCHLADEMAN, AND SUSAN STRUBBE v. PROFESSIONAL JANITORIAL SERVICE OF HOUSTON, INC.; from Harris County; 1st Court of Appeals District (01-12-00660-CV, 415 SW3d 387, 09-17-13)
 
Justice Willett dissents to the denial of the petition for review.
 
14-0081
JAVIER A. VEGA v. FULCRUM ENERGY, LLC AND FULCRUM POWER SERVICES, L.P.; from Harris County; 1st Court of Appeals District (01-12-00134-CV, 415 SW3d 481, 10-03-13)
 
2 petitions
 
14-0168
CMA-CGM (AMERICA) INC. v. EMPIRE TRUCK LINES, INC.; from Harris County; 1st Court of Appeals District (01-12-00354-CV, ___ SW3d ___, 07-09-13)
 
unopposed motion for leave to supplement record denied
 
14-0415
DAN WOOD v. THE CITY OF SACHSE, TEXAS; from Dallas County; 5th Court of Appeals District (05-13-00773-CV, ___ SW3d ___, 03-26-14)
 
14-0489
THE EARTHKEEPERS, LLC AND PARAMDEEP DHODY, D/B/A SPIRITUAL URBAN WARRIOR v. AUSTIN BARGAIN CENTERS, INC. D/B/A NATURES TREASURES OF TEXAS, KAREN RICHARDS AND ALBERT "ZEE" HAAG; from Travis County; 3rd Court of Appeals District (03-13-00135-CV, ___ SW3d ___, 04-11-14)
 
14-0562
OLGA DE LA CERDA CABRERA, INDEPENDENT EXECUTRIX OF THE ESTATE OF ROSA A. VALDEZ A/K/A ROSIE A. ZUNIGA, DECEASED v. PALISADES COLLECTION, LLC, CHASE MANHATTAN BANK USA, N.A., HULL & ASSOCIATES, P.C., AND JAMES N. HULL; from Harris County; 1st Court of Appeals District (01-11-00320-CV, ___ SW3d ___, 08-27-13)
 
14-0575
SPECTRASEIS, INC. v. CHRISTOPHER MULGREW; from Harris County; 14th Court of Appeals District (14-13-00252-CV, 436 SW3d 798, 06-10-14)
 
14-0603
MELISSA MACHELLE CLARK, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF ROBBIE LYNN CLARK AND STETSON BENNINGFIELD v. EOG RESOURCES, INC.; from Harris County; 1st Court of Appeals District (01-12-00262-CV, ___ SW3d ___, 01-07-14)
 
14-0619
DALLAS AREA RAPID TRANSIT v. DAVID MORRIS; from Dallas County; 5th Court of Appeals District (05-12-01133-CV, ___ SW3d ___, 05-29-14)
 
14-0658
ROBERT SAMANIEGO v. MARY SAMANIEGO; from Guadalupe County; 4th Court of Appeals District (04-13-00519-CV, ___ SW3d ___, 06-25-14)
 
14-0684
TJFA, L.P. AND CONCERNED CITIZENS AND LANDOWNERS v. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND WASTE MANAGEMENT OF TEXAS, INC.; from Travis County; 3rd Court of Appeals District (03-10-00016-CV, ___ SW3d ___, 07-16-14)
 
14-0685
FLEX ENTERPRISES, LP D/B/A EP FITNESS, AND FLEX ENTERPRISES MANAGEMENT, LLC v. VICTOR CISNEROS; from El Paso County; 8th Court of Appeals District (08-12-00123-CV, ___ SW3d ___, 08-07-14)
 
14-0695
CHARLES AND JUDITH CAYLEY, DENNIS AND TIFFANY DILLARD, ET AL. v. HMW SPECIAL UTILITY DISTRICT OF HARRIS AND MONTGOMERY COUNTIES; from Harris County; 1st Court of Appeals District (01-12-00825-CV, 438 SW3d 661, 04-15-14)
 
14-0699
KELLY WALLS v. DANIEL KLEIN; from Bexar County; 4th Court of Appeals District (04-13-00565-CV, ___ SW3d ___, 07-09-14)
 
14-0703
CHRISTOPHER JENKINS v. CITY OF CEDAR PARK, TEXAS; from Travis County; 3rd Court of Appeals District (03-13-00215-CV, ___ SW3d ___, 07-24-14)
 
14-0731
DIANA C. KIMBLE, ET AL. v. KRISTOPHER P. GOSTECNIK, WELLS FARGO BANK, TRUSTEE OF THE ALBERT E. AND MYRTLE GUNN YORK TRUST AND FPJ LAND COMPANY, LTD.; from Robertson County; 10th Court of Appeals District (10-13-00103-CV, ___ SW3d ___, 07-03-14)
 
14-0801
WELDON R. JOHNSON, JR. v. LEVADA M. WELLS, TRUSTEE OF THE WELLS FAMILY TRUST; from Hardeman County; 7th Court of Appeals District (07-12-00378-CV, ___ SW3d ___, 08-28-14)
 
14-0838
CYNTHIA SCHLAPPER v. RAND K. FOREST AND CROSSWATER YACHT CLUB L.P.; from Travis County; 3rd Court of Appeals District (03-12-00702-CV, ___ SW3d ___, 07-30-14)
 
14-0840
CASTLE HILLS PHARMACY, LLC AND MICHAEL WARD v. JOSEPH A. TRIAL; from Harris County; 14th Court of Appeals District (14-13-00172-CV, ___ SW3d ___, 07-22-14)
 
14-0847
JAMES FRAZIER v. GNRC REALTY, LLC; from Jackson County; 13th Court of Appeals District (13-14-00447-CV, ___ SW3d ___, 08-29-14)
 
petitioner's amended motion to stay trial dismissed as moot
respondent's motion to dismiss and for damages denied
 
14-0905
ANDRIUKAITIS-WOODLANDS MEDICAL OFFICE I, LLC. ET AL. v. WOODLANDS-NORTH HOUSTON HEART CENTER, P.A.; from Harris County; 14th Court of Appeals District (14-13-00612-CV, ___ SW3d ___, 09-25-14)
 
14-0919
JOSE ALONSO, MIGUEL BETANCOURT, JOSE RODRIGUEZ, LUID GUAJARDO, ALEJANDRO SALINAS, AND RICARDO SALINAS, JR. v. BECON CONSTRUCTION COMPANY, INC. AND BECHTEL EQUIPMENT OPERATIONS, INC.; from Jefferson County; 9th Court of Appeals District (09-13-00295-CV, 444 SW3d 824, 09-25-14)
 
14-0926
JEFFREY MANN v. DENTON COUNTY, ET AL.; from Denton County; 2nd Court of Appeals District (02-13-00217-CV, ___ SW3d ___, 10-09-14)
 
14-0933
IN THE INTEREST OF C.B., A CHILD; from McLennan County; 10th Court of Appeals District (10-14-00164-CV, ___ SW3d ___, 10-02-14)
THE FOLLOWING PETITION FOR REVIEW IS DISMISSED:
14-0158
CITY OF SEGUIN, TEXAS v. LOWER COLORADO RIVER AUTHORITY; from Travis County; 3rd Court of Appeals District (03-13-00165-CV, ___ SW3d ___, 01-15-14)
 
motion for dismissal pursuant to settlement granted
THE FOLLOWING PETITION FOR REVIEW IS DISMISSED FOR WANT OF JURISDICTION:
14-0760
BYRON AND BARBARA WILDER v. CITICORP TRUST BANK, F.S.B.; from Travis County; 3rd Court of Appeals District (03-13-00324-CV, ___ SW3d ___, 03-18-14)
 
See TEX. GOV’T CODE § 22.225(b)(1).
ORDERS ON MOTIONS FOR REHEARING
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR REVIEW IS DENIED:
14-0608
TRACEY H. COOMER v. TAMALA K. ALVAREZ; from Hartley County; 7th Court of Appeals District (07-12-00544-CV, ___ SW3d ___, 03-28-14)
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
14-0663
IN RE STEPHANIE DEATHERAGE; from Montgomery County; 9th Court of Appeals District (09-14-00164-CV, ___ SW3d ___, 05-15-14)
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
14-0125
IN RE GEOMETRICA, INC. AND FRANCISCO CASTAÑO; from Harris County; 14th Court of Appeals District (14-13-00897-CV, ___ SW3d ___, 01-23-14)
 
relators' motion to strike real party's second supplemental record, dismissed as moot
 
14-0252
IN RE CTL/THOMPSON TEXAS, LLC AND MICHAEL L. LESTER, P.E.; from Tarrant County; 2nd Court of Appeals District (02-13-00364-CV, ___ SW3d ___, 02-06-14)
 
2 petitions
relator's motion for temporary relief to abate trial-court proceedings denied
 
14-0666
IN RE BOBBY DEON DAVIS AND YORK LANDSCAPING, LLC; from Tarrant County; 2nd Court of Appeals District (02-14-00212-CV, ___ SW3d ___, 07-17-14)
 
14-0871
IN RE GLENN BLAIR; from Fort Bend County; 1st Court of Appeals District (01-11-00701-CV, ___ SW3d ___, 07-02-13)
 
14-0879
IN RE S. C. MAXWELL FAMILY PARTNERSHIP, LTD.; from Washington County; 1st Court of Appeals District (01-14-00451-CV, ___ SW3d ___, 10-02-14)
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED:
14-0868
IN RE SARAH BOOTH; from Fort Bend County; 14th Court of Appeals District (14-14-00637-CV, ___ SW3d ___, 10-21-14)
 
unopposed motion to dismiss granted
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS ABATED:
14-0957
IN RE AMERICAN POWER CONVERSION CORPORATION; from Zapata County; 4th Court of Appeals District (04-14-00770-CV)
 
joint motion to abate granted
abatement order issued
 
[Note: This case is removed from the Court's active docket until February 17, 2015, by which time the parties must file either a status report or a motion to dismiss.]
THE DECISION OF THE BOARD OF DISCIPLINARY APPEALS IN THE FOLLOWING APPEAL IS AFFIRMED:
14-0418
IN THE MATTER OF JOSEPH WM. BAILEY