Supreme Court

November 21, 2014 
Texas State Seal
THE SUPREME COURT OF TEXAS
Orders Pronounced November 21, 2014
 
ORDERS ON CAUSES
12-0485
IN RE TERESA CORRAL-LERMA; from El Paso County; 8th Court of Appeals District (08-11-00134-CV)
 
relator's motion reurging motions and other documents, dismissed as moot
stay order issued August 8, 2014, lifted
 
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the writ of mandamus.

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

13-0094
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY v. ROSAENA RESENDEZ; from Travis County; 3rd Court of Appeals District (03-11-00244-CV, 391 SW3d 312, 12-28-12)
 
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 dismisses the case.

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

13-0815
BILLY EDWARD DAMUTH, II v. TRINITY VALLEY COMMUNITY COLLEGE AND GLENDON S. FORGEY, INDIVIDUALLY; from Henderson County; 12th Court of Appeals District (12-12-00353-CV, ___ SW3d ___, 07-31-13)
 
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 and remands the case to the trial court.

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

13-0816
EL PASO MARKETING, L.P. v. WOLF HOLLOW I, L.P.; from Harris County; 14th Court of Appeals District (14-09-00118-CV, 409 SW3d 879, 08-15-13)
 
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 and remands the case to that court.

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

13-1006
IN RE ESSEX INSURANCE COMPANY; from Duval County; 4th Court of Appeals District (04-13-00863-CV, ___ SW3d ___, 12-18-13)
 
stay order issued January 13, 2014, lifted
 
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the writ of mandamus.

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

THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:
12-0348
DAVID HAMRICK, MAGGIE HAMRICK, SUE BERTRAM AND STEVE BERTRAM v. TOM WARD AND BETSEY WARD; from Harris County; 14th Court of Appeals District (14-10-00560-CV, ___ SW3d ___, 12-29-11)
 
(Justice Brown not sitting)
 
12-0620
RAHUL K. NATH, M.D. v. TEXAS CHILDREN'S HOSPITAL AND BAYLOR COLLEGE OF MEDICINE; from Harris County; 14th Court of Appeals District (14-11-00034-CV, 375 SW3d 403, 06-26-12)
3 motions for rehearing
 
12-0867
BOB GREENE, AS NEXT FRIEND OF LEWAYNE GREENE v. FARMERS INSURANCE EXCHANGE; from Dallas County; 5th Court of Appeals District (05-11-00487-CV, 376 SW3d 278, 08-02-12)
 
13-0096
TENET HOSPITALS LIMITED, A TEXAS LIMITED PARTNERSHIP D/B/A PROVIDENCE MEMORIAL HOSPITAL, AND MICHAEL D. COMPTON, M.D. v. ELIZABETH RIVERA, AS NEXT FRIEND FOR M.R.; from El Paso County; 8th Court of Appeals District (08-11-00279-CV, 392 SW3d 326, 12-28-12)
THE FOLLOWING CAUSE IS ABATED:
13-0499
IN RE RSR CORPORATION AND QUEMETCO METALS LIMITED, INC.; from Dallas County; 5th Court of Appeals District (05-13-00124-CV, 405 SW3d 265, 06-05-13)
 
relator's motion to reschedule oral argument granted
motion for expedited relief based on election of successor judge denied
abatement order issued
 
[Note: The cause is abated under Tex. R. App. P. 7.2(b) until further order of this Court.]
ORDERS ON CASES GRANTED
THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
12-1007
THE BOEING COMPANY AND THE GREATER KELLY DEVELOPMENT AUTHORITY N/K/A THE PORT OF SAN ANTONIO v. GREG ABBOTT, ATTORNEY GENERAL OF TEXAS; from Travis County; 3rd Court of Appeals District (03-10-00411-CV, 412 SW3d 1, 03-09-12)
 
2 petitions
 
[Note: This case has been set for oral argument at 9:00 a.m., February 26, 2015.]
Time allotted to argue: 20/20 minutes

Oral submission of this cause will be conducted in Tyler, Texas. The location is yet to be determined.

See TEX. CONST. ART. V, § 3(a).
 
13-0175
MAGDALENA ADRIENNA ABUTAHOUN, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE HEIRS AND ESTATE OF ROBERT WAYNE HENDERSON, DECEASED AND TANYA ELAINE HENDERSON, INDIVIDUALLY IN HER OWN RIGHT AND AS NEXT FRIEND OF ZA'QUOIA ZANICE HENDERSON, A MINOR v. THE DOW CHEMICAL COMPANY; from Dallas County; 5th Court of Appeals District (05-11-01277-CV, 395 SW3d 335, 02-08-13)
 
motion for rehearing granted
denial of petition for review on May 2, 2014, withdrawn
petition reinstated
 
[Note: This case has been set for oral argument at 9:00 a.m., January 14, 2015.]
Time allotted to argue: 20/20 minutes
 
13-0966
SAN ANTONIO WATER SYSTEM v. DEBRA NICHOLAS; from Bexar County; 4th Court of Appeals District (04-12-00442-CV, 441 SW3d 382, 10-23-13)
 
[Note: This case has been set for oral argument at 9:00 a.m., January 13, 2015.]
Time allotted to argue: 20/20 minutes
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
13-0873
FALCON EXPRESS INTERNATIONAL, INC. v. DHL EXPRESS (USA), INC.; from Harris County; 1st Court of Appeals District (01-10-01080-CV, 408 SW3d 406, 02-14-13)
 
13-0934
RESORT DEVELOPMENT LATIN AMERICA, INC., ALIBER GARCIA, AND ELIUD GARCIA v. TIMOTHY J. BARTON, JMJ DEVELOPMENT, L.L.C., AND JMJ HOLDINGS, L.L.C.; from Dallas County; 5th Court of Appeals District (05-11-00769-CV, 413 SW3d 232, 10-16-13)
 
14-0097
COUNTY OF CAMERON, TEXAS, CARLOS H. CASCOS, SOFIA BENAVIDES, JOHN WOOD, DAVID A. GARZA AND EDNA TAMAYO v. FRANK A. TOMKINS, INDIVIDUALLY, AND AS TRUSTEE AND CAROLYN TOMPKINS YOUNG; from Cameron County; 13th Court of Appeals District (13-12-00341-CV, 422 SW3d 789, 10-24-13)
2 petitions
 
14-0212
LOUIS GUTHRIE v. HARRIS COUNTY SHERIFF’S CIVIL SERVICE COMMISSION; from Harris County; 14th Court of Appeals District (14-12-00474-CV, 423 SW3d 523, 02-13-14)
 
14-0324
G.B.E. v. TEXAS DEPARTMENT OF PUBLIC SAFETY; from Williamson County; 3rd Court of Appeals District (03-13-00017-CV, ___ SW3d ___, 03-20-14)
 
14-0408
HOLLIE TOUPS, ET AL v. GODADDY.COM, L.L.C.; from Orange County; 9th Court of Appeals District (09-13-00285-CV, 429 SW3d 752, 04-10-14)
 
14-0445
SCHMIDT LAND SERVICES, INC. v. UNIFIRST CORPORATION AND UNIFIRST HOLDINGS, INC., SUCCESSOR IN MERGER TO UNIFIRST HOLDINGS, LP D/B/A UNIFIRST; from Atascosa County; 4th Court of Appeals District (04-13-00206-CV, 432 SW3d 470, 04-23-14)
 
motion to withdraw dismissed as moot
 
14-0496
ASSOCIATION OF TAXICAB OPERATORS, USA v. DALLAS/FORT WORTH INTERNATIONAL AIRPORT BOARD; from Dallas County; 5th Court of Appeals District (05-12-00777-CV, 427 SW3d 547, 04-04-14)
 
14-0499
NAVARRO HOSPITAL, L.P. D/B/A NAVARRO REGIONAL HOSPITAL v. CHARLES WASHINGTON AND GWENDOLYN WASHINGTON, EACH INDIVIDUALLY AND AS NEXT FRIENDS OF CHARLES DONELL WASHINGTON; from Navarro County; 10th Court of Appeals District (10-13-00248-CV, ___ SW3d ___, 05-08-14)
 
14-0557
TEXAS ENTERTAINMENT ASSOCIATION, INC. AND KARPOD, INC. v. SUSAN COMBS, COMPTROLLER OF THE STATE OF TEXAS AND GREG ABBOTT, ATTORNEY GENERAL OF THE STATE OF TEXAS; from Travis County; 3rd Court of Appeals District (03-12-00527-CV, ___ SW3d ___, 05-09-14)
 
14-0569
CHAD THOMPSON v. CITY OF WACO, TEXAS, AND FIRE CHIEF JOHN D. JOHNSTON; from McLennan County; 4th Court of Appeals District (04-13-00460-CV, 438 SW3d 760, 05-30-14)
 
14-0588
BITUMINOUS FIRE & MARINE INSURANCE COMPANY v. RICARDO RUEL; from Lubbock County; 7th Court of Appeals District (07-12-00507-CV, ___ SW3d___, 06-04-14)
 
14-0600
DALLAS METROCARE SERVICES v. ADOLFO JUAREZ; from Dallas County; 5th Court of Appeals District (05-11-01144-CV, ___ SW3d ___, 06-30-14)
 
14-0610
BYRON EARL WALKER v. SHERYL LEE WALKER; from Young County; 2nd Court of Appeals District (02-13-00229-CV, ___ SW3d ___, 06-12-14)
 
14-0659
PATRICK DAUS v. MARIA DAUS AND THE STATE OF TEXAS; from Dallas County; 5th Court of Appeals District (05-13-00060-CV, ___ SW3d ___, 05-14-14)
 
14-0670
REX PETERSON v. LA COSTA VILLAS, LLC AND WESTDALE ASSET MANAGEMENT, LTD.; from Dallas County; 5th Court of Appeals District (05-13-00975-CV, ___ SW3d ___, 07-15-14)
 
14-0672
CRAIG CHAMPION v. FRANK RAMSEY, RAMSEY RAMSEY, RANDAL RAMSEY D/B/A SUMMIT PROPERTIES & MANAGEMENT COMPANY; from Brazos County; 10th Court of Appeals District (10-12-00394-CV, ___ SW3d ___, 05-08-14)
 
14-0678
MARLENE O. KNIGHT v. WE CARE KIDS, PLLC & LISA H. CATNEY; from Harris County; 14th Court of Appeals District (14-13-00493-CV, ___ SW3d ___, 05-29-14)
 
14-0707
DOCTORS DATA, INC. v. RONALD AND CARRIE STEMP; from Travis County; 3rd Court of Appeals District (03-12-00079-CV, ___ SW3d ___, 07-31-14)
 
14-0741
IN RE COMMITMENT OF JAMES LEE RICHARD; from Montgomery County; 9th Court of Appeals District (09-13-00539-CV, ___ SW3d ___, 06-26-14)
 
14-0806
HELEN MAYFIELD v. THE EAGLE NEWSPAPER, HOLLY HUFFMAN, MATHEW WATKINS, AND JOHN P. BARNWELL, CEO OF THE EVENING POSTPUBLISHING CO., OWNER OF THE EAGLE NEWSPAPER, JOINTLY AND SEVERALLY; from Harris County; 14th Court of Appeals District (14-12-00034-CV, ___ SW3d ___, 08-19-14)
 
14-0809
IN RE COMMITTMENT OF BARRY SCOTT CLEAVELAND; from Montgomery County; 9th Court of Appeals District (09-12-00428-CV, ___ SW3d ___, 09-04-14)
 
14-0818
MINH TRAN v. HONG KONG CORPORATION A/K/A HONG KONG CITY MALL; from Harris County; 1st Court of Appeals District (01-13-00613-CV, ___ SW3d ___, 08-26-14)
THE FOLLOWING PETITION FOR REVIEW IS DISMISSED FOR WANT OF JURISDICTION:
14-0458
JUANITA J. GAROFALO v. CHANDLER MANAGEMENT D/B/A MCCALLUM CROSSING APARTMENTS; from Collin County; 5th Court of Appeals District (05-12-01735-CV, ___ SW3d ___, 03-05-14)
 
See TEX. GOV’T CODE § 22.225(b)(1)
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
13-0697
SAN JUAN INSURANCE AGENCY, INC. D/B/A VALLEY INSURANCE PROVIDERS v. BRANNAN PAVING GP, LLC, D/B/A BRANNAN PAVING COMPANY, PAVEMENT MARKINGS, INC. AND LEICHT GENERAL AGENCY; from Hidalgo County; 13th Court of Appeals District (13-11-00005-CV, ___SW3d___, 07-25-13)
 
(Justice Green not sitting)
 
13-0848
EDUCAP, INC. v. JOANNA SANCHEZ; from Harris County; 1st Court of Appeals District (01-12-01033-CV, ___ SW3d ___, 06-25-13)
 
(Justice Johnson not sitting)
 
13-0893
JENNIFER MARIE BOTELLO AND EDMOND M. YBARRA, INDIVIDUALLY AND AS NEXT FRIENDS OF Y.M.Y., A MINOR CHILD v. CHRISTUS SANTA ROSA HEALTH CARE CORPORATION; from Bexar County; 4th Court of Appeals District (04-13-00124-CV, 424 SW3d 117, 11-13-13)
 
13-0945
ROBERT HOLMES v. CRAIG CASSEL; from Harris County; 14th Court of Appeals District (14-12-00964-CV, ___ SW3d ___, 08-15-13)
 
14-0206
MITCHELL M. CARTER A/K/A MITCHELL MESHALL CARTER AND YOLANDA CARTER A/K/A YOLANDA RENEE CARTER v. HOUSTON BUSINESS DEVELOPMENT, INC.; from Harris County; 1st Court of Appeals District (01-13-00309-CV, ___ SW3d ___, 02-25-14)
 
14-0281
DALLAS/FORT WORTH INTERNATIONAL AIRPORT BOARD v. YSENIA BOYKIN; from Tarrant County; 2nd Court of Appeals District (02-13-00260-CV, ___SW3d___, 01-30-14)
 
14-0288
TST IMPRESO, INC. v. ASIA PULP & PAPER TRADING (USA), INC. N/K/A OVERVEEN GENERAAL TRADING (USA), INC.; from Dallas County; 5th Court of Appeals District (05-12-01551-CV, ___ SW3d ___, 01-30-14)
 
14-0297
SUZANNE O'CONNOR v. SURAJ K. CHOUDHURY AND FOUNDATION ASSESSMENT, INC. D/B/A ENGINEERING DESIGN AND ASSESMENT; from Tarrant County; 2nd Court of Appeals District (02-13-00166-CV, 426 SW3d 827, 03-06-14)
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
14-0664
IN RE CAROL JOHNENE MORRIS; from Midland County; 11th Court of Appeals District (11-12-00079-CV, ___ SW3d ___, 07-10-14)
MISCELLANEOUS
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED WITHOUT PREJUDICE:
12-0947
IN RE TENET HEALTHSYSTEM HOSPITALS DALLAS, INC.; from Dallas County; 5th Court of Appeals District (05-12-00711-CV, ___ SW3d ___, 06-11-12)
 
as reinstated
abatement order issued May 10, 2013, lifted
relator's motion to dismiss without prejudice granted
motion for temporary relief dismissed as moot
THE ABATEMENT ORDER IN THE FOLLOWING CASE IS LIFTED:
13-0362
IN RE EMEX HOLDINGS L.L.C.; from Hidalgo County; 13th Court of Appeals District (13-11-00145-CV, ___ SW3d ___, 04-18-13)
 
relator's motion to lift abatement granted
abatement order issued August 8, 2014, lifted
stay order issued July 12, 2013, reinstated
petition reinstated
 
[Note: The petition for writ of mandamus remains pending before this Court.]
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
13-0936
IN RE ROBERT MCBRIDE, INDEPENDENT EXECUTOR OF THE ESTATE OF GLENNA I. BARTH, DECEASED; from Galveston County; 14th Court of Appeals District (14-13-00843-CV, ___ SW3d ___, 11-05-13)
 
14-0145
IN RE GHX INDUSTRIAL, LLC; from Harris County; 1st Court of Appeals District (01-13-00744-CV, ___ SW3d ___, 01-23-14)
 
14-0170
IN RE TRIDENT STEEL CORPORATION; from Lipscomb County; 7th Court of Appeals District (07-13-00415-CV, 424 SW3d 126, 01-21-14)
 
14-0236
IN RE UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION, ORGANIZATION UNITED FOR RESPECT AT WALMART, NORTH TEXAS JOBS WITH JUSTICE LESTER EUGENE LANTZ, AND DOES 1-10; from Tarrant County; 2nd Court of Appeals District (02-13-00434-CV, ___ SW3d ___, 02-20-14)
 
(Justice Willett not sitting)
 
14-0306
IN RE T.D. JAKES, SERLTA JAKES, INDIVIDUALLY AND ON BEHALF OF THE POTTER'S HOUSE OF DALLAS, INC., THE POTTER'S HOUSE OF FORT WORTH, INC, AND T.D. JAKES MINISTRIES; from Tarrant County; 2nd Court of Appeals District (02-14-00095-CV, ___ SW3d ___, 03-24-14)
 
14-0644
IN RE DAVECO INDUSTRIES, INC., ADA B. HELTERBRAND, HELTERBRAND FAMILY TRUST, AND HELTERBRAND FAMILY, L.P.; from Tarrant County; 2nd Court of Appeals District (02-14-00230-CV, ___ SW3d ___, 08-01-14)
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS ABATED:
14-0471
IN RE TAYMAX FITNESS, LLC; SP PAVILIONS, LLC; RPD PROPERTY MANAGEMENT COMPANY, LLC; AND EXECUTIVE SECURITY SYSTEMS, INC. OF AMERICA; from Bexar County; 4th Court of Appeals District (04-14-00119-CV, ___ SW3d ___, 05-07-14)
 
joint motion to abate proceedings granted
abatement order issued
 
[Note: This case is removed from the Court's active docket until January 20, 2015, by which time the parties must file either a status report or a motion to dismiss.]
A STAY IS ISSUED IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS:
14-0957
IN RE AMERICAN POWER CONVERSION CORPORATION; from Zapata County; 4th Court of Appeals District (04-14-00770-CV)
 
relator's motion for emergency relief granted
stay order issued
response requested due by December 8, 2014
 
[Note: The petition for writ of mandamus remains pending before this Court.]
THE DECISION OF THE BOARD OF DISCIPLINARY APPEALS IN THE FOLLOWING APPEAL IS AFFIRMED:
14-0389
JOHN O. MUKORO v. COMMISSION FOR LAWYER DISCIPLINE