Supreme Court

October 3, 2014 
Texas State Seal
THE SUPREME COURT OF TEXAS
Orders Pronounced October 3, 2014
 
ORDERS ON CAUSES
13-0158
FORD MOTOR COMPANY v. EZEQUIEL CASTILLO, INDIVIDUALLY, MARIA DE LOS ANGELES CASTILLO, INDIVIDUALLY AND AS NEXT FRIEND FOR A.C. AND E.C., AND ROSA SILVIA MARTINEZ, INDIVIDUALLY; from Cameron County; 13th Court of Appeals District (13-10-00232-CV, ___ SW3d ___, 01-24-13)
 
motion for rehearing granted
 
The Court's opinion and judgment issued June 20, 2014 are withdrawn and the opinion and judgment of this date are substituted.

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

13-0277
DAKOTA PIKE-GRANT v. JEFFREY ALAN GRANT; from Val Verde County; 4th Court of Appeals District (04-12-00315-CV, ___ SW3d ___, 02-13-13)
 
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

THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:
12-0289
HMC HOTEL PROPERTIES II LIMITED PARTNERSHIP AND HOST HOTELS & RESORTS, L.P., F/K/A HOST MARRIOTT, L.P. v. KEYSTONE-TEXAS PROPERTY HOLDING CORPORATION; from Bexar County; 4th Court of Appeals District (04-10-00620-CV, ___ SW3d ___, 11-23-11)
 
12-0739
AMERICO LIFE, INC., AMERICO FINANCIAL LIFE AND ANNUITY INSURANCE COMPANY, GREAT SOUTHERN LIFE INSURANCE COMPANY, THE OHIO STATE LIFE INSURANCE COMPANY, AND NATIONAL FARMERS UNION LIFE INSURANCE COMPANY v. ROBERT L. MYER AND STRIDER MARKETING GROUP, INC.; from Dallas County; 5th Court of Appeals District (05-08-01053-CV, 371 SW3d 537, 06-06-12)
 
12-0957
IN RE FORD MOTOR COMPANY; from Hidalgo County; 13th Court of Appeals District (13-12-00624-CV, ___ SW3d ___, 11-20-12)
 
12-1002
MARCIA FULLER FRENCH, ET AL. v. OCCIDENTAL PERMIAN LTD.; from Scurry County; 11th Court of Appeals District (11-10-00282-CV, 391 SW3d 215, 10-31-12)
 
13-0073
IN RE JOHN DOE A/K/A “TROOPER”; from Harris County; 1st Court of Appeals District (01-11-00683-CV, ___ SW3 ___, 05-18-12)
 
13-0638
FRANKIE SIMS, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED; AND PATSY SIMS, ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED v. CARRINGTON MORTGAGE SERVICES, L.L.C.
THE MOTION IN THE FOLLOWING CAUSE IS DENIED:
13-0043
ROBERT KINNEY v. ANDREW HARRISON BARNES (A/K/A A. HARRISON BARNES, A.H. BARNES, ANDREW H. BARNES, HARRISON BARNES), BCG ATTORNEY SEARCH, INC., EMPLOYMENT CROSSING, INC. AND JD JOURNAL, INC.; from Travis County; 3rd Court of Appeals District (03-10-00657-CV, ___ SW3d ___, 11-21-12)
 
motion to stay execution of mandate denied
ORDERS ON CASES GRANTED
THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
12-0987
GHARDA USA, INC. AND GHARDA CHEMICALS, LTD. v. CONTROL SOLUTIONS, INC., UNITED PHOSPHORUS, INC. AND MARK BOYD; from Harris County; 1st Court of Appeals District (01-10-00719-CV, 394 SW3d 127, 08-16-12)
 
[Note: This case has been set for oral argument at 9:00 a.m., December 10, 2014.]
Time allotted to argue: 20/20 minutes
 
13-0584
SOUTHWESTERN BELL TELEPHONE, L.P. D/B/A AT&T TEXAS v. ED EMMETT, EL FRANCO LEE, SYLVIA GARCIA, STEVE RADACK, AND JERRY EVERSOLE, AS MEMBERS OF THE HARRIS COUNTY COMMISSIONERS’ COURT; MICHAEL MARCOTTE, AS DIRECTOR OF THE CITY OF HOUSTON DEPARTMENT OF PUBLIC WORKS AND ENGINEERING AND CITY OF HOUSTON; from Harris County; 14th Court of Appeals District (14-11-01115-CV, ___SW3d___, 05-09-13)
 
[Note: This case has been set for oral argument at 9:00 a.m., December 10, 2014.]
Time allotted to argue: 20/20 minutes
 
(Justice Brown not sitting)
 
13-0593
TEXAS STUDENT HOUSING AUTHORITY v. BRAZOS COUNTY APPRAISAL DISTRICT AND APPRAISAL REVIEW BOARD FOR BRAZOS COUNTY APPRAISAL DISTRICT; from Brazos County; 7th Court of Appeals District (07-11-00421-CV, ___ SW3d ___, 06-27-13)
 
2 petitions
 
[Note: This case has been set for oral argument at 9:00 a.m., December 10, 2014.]
Time allotted to argue: 20/20 minutes
 
13-0711
JAW THE POINTE, LLC v. LEXINGTON INSURANCE COMPANY; from Galveston County; 14th Court of Appeals District (14-11-00881-CV, ___Sw3d___, 08-01-13)
 
[Note: This case has been set for oral argument at 9:00 a.m., January 13, 2015.]
Time allotted to argue: 20/20 minutes
 
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)
 
[Note: This case has been set for oral argument at 9:00 a.m., January 13, 2015.]
Time allotted to argue: 20/20 minutes
 
14-0095
WAYNE VENTLING v. PATRICIA M. JOHNSON; from Nueces County; 13th Court of Appeals District (13-12-00398-CV, ___ SW3d ___, 12-19-13)
 
[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:
13-0112
CHARLOTTE HEARN v. KATHRYN SNAPKA; from Nueces County; 13th Court of Appeals District (13-11-00332-CV, ___ SW3d ___, 12-28-12)
 
13-0309
CELESTE GRYNBERG AND JACK J. GRYNBERG D/B/A GRYNBERG PETROLEUM v. M-I L.L.C.; from Harris County; 13th Court of Appeals District (13-11-00195-CV, 398 SW3d 864, 12-28-12)
 
2 petitions
 
13-0355
GULF CHEMICAL & METALLURGICAL CORPORATION v. MINER DEDERICK CONSTRUCTION, LLP; from Harris County; 1st Court of Appeals District (01-11-00325-CV, 403 SW3d 451, 04-11-13)
 
13-0364
GARDEN RIDGE, L.P. v. ADVANCE INTERNATIONAL, INC., AND HERBERT A. FEINBERG; from Harris County; 14th Court of Appeals District (14-11-00624-CV, 403 SW3d 432, 04-09-13)
 
13-0495
DYNEX COMMERCIAL, INC. v. BASIC CAPITAL MANAGEMENT, INC., AMERICAN REALTY TRUST, INC., AND TRANSCONTINENTAL REALTY INVESTORS, INC.; from Dallas County; 5th Court of Appeals District (05-04-01358-CV, 402 SW3d 257, 02-13-13)
 
13-0571
GLENNA SUE TERRY v. LESLIE GLOVER; from Hopkins County; 6th Court of Appeals District (06-12-00105-CV, 403 SW3d 907, 06-14-13)
 
13-0596
KACHINA PIPELINE COMPANY, INC. v. MICHAEL D. LILLIS; from Concho County; 3rd Court of Appeals District (03-10-00784-CV, ___ SW3d ___, 06-18-13)
 
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)
 
2 petitions
 

(Justice Green not sitting)
 
13-0726
MELVIN ALLARD LIPSITZ v. MIKE MCCURLEY, CARMEN ELAINE EIKER, R. SCOTT DOWNING, AND MCCURLEY, ORSINGER, MCCURLEY, NELSON & DOWNING, L.L.P.; from Dallas County; 5th Court of Appeals District (05-11-00714-CV, ___ SW3d ___, 08-22-13)
 
(Justice Green not sitting)
 
13-0745
GREATER HOUSTON PARTNERSHIP v. GREG ABBOTT, TEXAS ATTORNEY GENERAL AND JIM JENKINS; from Travis County; 3rd Court of Appeals District (03-11-00130-CV, 407 SW3d 776, 01-31-13)
 
13-0755
CITY OF SAN ANTONIO v. MEI-CHIAO CHEN WU, RICHARD HSU, MAYA HSU AND TZYY-WEN HZY; from Bexar County; 4th Court of Appeals District (04-10-00836-CV, ___SW3d___, 08-14-13)
 
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)
 
13-0880
MANCHESTER PLATINUM MANAGEMENT, INC., TODD ALLAN DEVILLENEUVE AND ALLEN R. DEVILLENEUVE v. COMPASS BANK; from Dallas County; 5th Court of Appeals District (05-11-00912-CV, ___ SW3d ___, 08-13-13)
 
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)
 
13-0902
CATHAY BANK v. LYDA SWINERTON BUILDERS, INC.; from Harris County; 14th Court of Appeals District (14-12-00163-CV, 409 SW3d 221, 08-13-13)
 

(Justice Green and Justice Brown not sitting)
 
13-0945
ROBERT HOLMES v. CRAIG CASSEL; from Harris County; 14th Court of Appeals District (14-12-00964-CV, ___ SW3d ___, 08-15-13)
 
13-0988
SUZANNE KEARNS DEWALT v. THE STATE OF TEXAS; from Comal County; 3rd Court of Appeals District (03-12-00785-CR, ___ SW3d ___, 11-07-13)
 
14-0091
SENTINEL INTEGRITY SOLUTIONS, INC. v. MISTRAS GROUP, INC., JODY W. OLSON, AND CAREY ROBERTS; from Harris County; 1st Court of Appeals District (01-12-00370-CV, ___SW3d___, 10-22-13)
 
14-0192
ANDREA CROWSON v. THOMAS D. CROWSON, BARRETT AND COBLE, ATTORNEYS AT LAW, JOHN BARRETT AND KATHLEEN DEBRA COBLE; from Travis County; 3rd Court of Appeals District (03-11-00795-CV, ___SW3d___, 12-13-13)
 
14-0197
WASHINGTON SQUARE FINANCIAL, LLC D/B/A IMPERIAL STRUCTURED SETTLEMENTS v. RSL FUNDING, LLC; from Harris County; 14th Court of Appeals District (14-12-00683-CV; 14-12-00702-CV, ___SW3d___, 12-12-13)
 
14-0224
LEVERICH LIQUIDATION COMPANY, L.L.C. ASSIGNESS OF DISSOLUTION SUPPLY CO., L.C. F/K/A BOURLAND & LEVERICH SUPPLY CO., L.C. AND IPSCO KOPPEL TUBULARS, L.L.C. D/B/A TMK IPSCO KOPPEL v. RODESSA OPERATING COMPANY, INC.; from Polk County; 9th Court of Appeals District (09-13-00241-CV, ___ SW3d ___, 01-16-14)
 
14-0227
DAVID MCQUADE LEIBOWITZ AND DAVID MCQUADE LEIBOWITZ, P.C. v. COUNSEL FINANCIAL SERVICES, LLC; from Hidalgo County; 13th Court of Appeals District (13-12-00103-CV, ___SW3d___, 07-25-13)
 
14-0231
SHAWN HOLLOWAY AND STEPHANIE HOLLOWAY v. FLUTOBO, INC. D/B/A KELLER WILLIAMS REALTY NORTHEAST; from Harris County; 14th Court of Appeals District (14-12-00104-CV; 14-12-00170-CV, 419 SW3d 622, 11-26-13)
 
14-0251
DALLAS COUNTY, TEXAS v. ROY LOGAN; from Dallas County; 5th Court of Appeals District (05-11-00480-CV, 420 SW3d 412, 01-09-14)
 
14-0253
KINGVISION PAY-PER-VIEW, GARDEN CITY BOXING CLUB, INC., AND ENTERTAINMENT BY J&J, INC. v. DALLAS COUNTY, TEXAS; from Dallas County; 5th Court of Appeals District (05-12-00765-CV, ___SW3d___, 02-20-14)
 
14-0259
FIRST STATE BANK CENTRAL TEXAS v. LAKEWAY REGIONAL MEDICAL CENTER DEVELOPMENT, LLC, ET AL.; from Travis County; 3rd Court of Appeals District (03-13-00058-CV, ___ SW3d ___, 02-20-14)
 
14-0271
JOE A. ZUNIGA v. THE CITY OF SAN ANTONIO BY AND THROUGH ITS AGENT CITY PUBLIC SERVICE BOARD D/B/A CPS ENERGY; from Bexar County; 4th Court of Appeals District (04-13-00142-CV, ___ SW3d ___, 01-08-14)
 
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)
 
14-0298
RICHARD MONROE, KATHY KYLE, AND DAWN RIGBY v. PAIGE TROTTER HOLLOWAY AND BARBARA TROTTER COLLINS, ET AL.; from Harris County; 14th Court of Appeals District (14-12-01087-CV, ___ SW3d ___, 03-06-14)
 
14-0325
J.C. GENERAL CONTRACTORS v. TEODORO CHAVEZ; from El Paso County; 8th Court of Appeals District (08-12-00012-CV, ___ SW3d ___, 01-15-14)
 
14-0347
LARRY M. GENTILELLO v. UNIVERSITY OF TEXAS SOUTHWESTERN HEALTH SYSTEMS, THE UNIVERSITY OF TEXAS SOUTHWESTERN MEDICAL CENTER MEDICAL SERVICE, RESEARCH, AND DEVELOPMENT PLAN, AND UT SOUTHWESTERN HEALTH SYSTEMS; from Dallas County; 5th Court of Appeals District (05-13-00149-CV, ___ SW3d ___, 03-24-14)
 
14-0348
LARRY M. GENTILELLO v. DALLAS COUNTY HOSPITAL DISTRICT D/B/A PARKLAND HEALTH AND HOSPITAL SYSTEM; from Dallas County; 5th Court of Appeals District (05-13-00150-CV, ___ SW3d ___, 03-24-14)
 
14-0359
STEPHEN L. GOODMAN v. COMPASS BANK; from Dallas County; 5th Court of Appeals District (05-12-00447-CV, 428 SW3d 887, 10-22-13)
 
14-0371
CASA DEL MAR ASSOCIATION, INC. v. GOSSEN LIVINGSTON ASSOCIATES, INC.; from Galveston County; 1st Court of Appeals District (01-13-00556-CV, ___ SW3d ___, 04-10-14)
 
14-0431
PHILLIP GALYEN, P.C. D/B/A BAILEY & GALYEN ATTORNEYS AT LAW AND R. KEITH SPENCER v. PHILIP GREGORY BYRD, LUCY LEASING CO., LLC AND PGB AIR, INC.; from Tarrant County; 2nd Court of Appeals District (02-13-00359-CV, 430 SW3d 515, 04-17-14)
 
14-0484
DAVID GLEN HARRIS v. LUDENE HARPER; from Tarrant County; 2nd Court of Appeals District (02-13-00258-CV, ___ SW3d ___, 04-17-14)
 
14-0513
MALCOLM W. PIPES v. D. SCOTT HEMINGWAY D/B/A LAW OFFICES OF D. SCOTT HEMINGWAY, GREG BENDER, SJS HOLDINGS, LLC, FOI GROUP, LLC, RED RIVER FIBER OPTIC CORPORATION, AND CARL L. GOODZEIT; from Dallas County; 5th Court of Appeals District (05-13-00428-CV, ___ SW3d ___, 04-14-14)
 
14-0583
CITY OF KELLER, TEXAS v. KIMBERLEE DIANE MEADORS HALL AND A. THOMAS HALL; from Tarrant County; 2nd Court of Appeals District (02-12-00061-CV, ___ SW3d ___, 05-01-14)
 
14-0589
CHARLES BUNDREN AND KAREN BUNDREN v. STEVEN L. DRYZER; from Denton County; 7th Court of Appeals District (07-12-00167-CV, ___ SW3d ___, 05-06-14)
 
14-0597
MCLENNAN COUNTY APPRAISAL DISTRICT v. HOPPENSTEIN PROPERTIES, INC.; from McLennan County; 7th Court of Appeals District (07-13-00035-CV, ___ SW3d ___, 05-20-14)
 
14-0626
MARY LYNN COLLARD v. RAYMOND D. NOAH, ET AL.; from Dallas County; 13th Court of Appeals District (13-13-00378-CV, ___ SW3d ___, 06-19-14)
THE FOLLOWING PETITION FOR REVIEW IS DISMISSED:
14-0356
MELVIN PEYTON v. VAN NADARAJAH; from Tarrant County; 2nd Court of Appeals District (02-13-00358-CV, ___ SW3d ___, 04-03-14)
 
See Tex. R. App. P. 5.
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
13-0222
THE UNIVERSITY OF TEXAS M.D. ANDERSON CANCER CENTER AND THE UNIVERSITY OF TEXAS SYSTEM v. PRESTON BAKER AND JENNIFER BAKER, INDIVIDUALLY AND NEXT FRIENDS OF PRESTON BAKER, JR., JESSICA BAKER, CAYLA BAKER, AND CALEB BAKER; from Harris County; 14th Court of Appeals District (14-11-01037-CV, 401 SW3d 246, 12-04-12)
 
(Justice Brown not sitting)
 
13-0265
JOHN A. VANN v. CHARLA BRADSHAW CONNER; from Denton County; 1st Court of Appeals District (01-12-00621-CV, ___ SW3d ___, 01-17-13)
 
(Justice Lehrmann not sitting)
 
13-0408
MARCUS HILES v. ARNIE & COMPANY, P.C.; from Harris County; 14th Court of Appeals District (14-12-00088-CV, 402 SW3d 820, 04-25-13)
 
(Justice Brown not sitting)
 
14-0294
ANTHONY C. AGUILAR INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF RAMIRO AGUILAR, JR., DECEASED v. MARGARET MORALES; from Bexar County; 4th Court of Appeals District (04-13-00038-CV, ___ SW3d ___, 02-19-14)
 
14-0309
LEONARD JAMES HAWKINS v. CITY OF DEER PARK; from Harris County; 14th Court of Appeals District (14-13-00695-CV, ___ SW3d ___, 03-11-14)
 
14-0352
FELICIA NICOLE JONES v. MACY’S AND ERIC LIMBOCKER; from Brazoria County; 1st Court of Appeals District (01-13-01018-CV, ___ SW3d ___, 02-20-14)
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
14-0579
IN RE MRS. FELICIA NICOLE JONES; from Brazoria County; 1st Court of Appeals District (01-14-00403-CV, ___ SW3d ___, 06-10-14)
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
13-0849
IN RE TRAVELERS LLOYDS OF TEXAS INSURANCE COMPANY; from Harris County; 1st Court of Appeals District (01-13-00225-CV, ___ SW3d ___, 10-15-13)
 
stay order issued March 21, 2014, lifted
 
13-0855
IN RE LOYA INSURANCE COMPANY; from Harris County; 1st Court of Appeals District (01-13-00242-CV, ___ SW3d ___, 10-15-13)
 
stay order issued March 21, 2014, lifted
 
13-1025
IN RE WESLEY AND DONNA PALMER, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF SARA KAITLIN, DECEASED; from Orange County; 9th Court of Appeals District (09-13-00447-CV, ___ SW3d ___, 10-31-13)
 
14-0027
IN RE YEDIDIYAH HAWKINS; from Callahan County; 11th Court of Appeals District (11-13-00237-CV, ___ SW3d ___, 08-15-13)
 
14-0254
IN RE JERRY MORENO; from El Paso County; 8th Court of Appeals District (08-12-00078-CV, ___ SW3d ___, 12-18-13)
 
14-0286
IN RE NICOLETTE MILTON; from Harris County; 1st Court of Appeals District (01-13-00240-CV, 420 SW3d 245, 12-19-13)
 
14-0370
IN RE ROBERT MICHELENA; from Cameron County; 13th Court of Appeals District (13-14-00052-CV, ___ SW3d ___, 03-17-14)
 
14-0664
IN RE CAROL JOHNENE MORRIS; from Midland County; 11th Court of Appeals District (11-12-00079-CV, ___ SW3d ___, 07-10-14)
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED:
14-0213
IN RE MID CENTURY INSURANCE COMPANY OF TEXAS; from Jefferson County; 9th Court of Appeals District (09-14-00068-CV, ___ SW3d ___, 03-13-14)
 
stay order issued May 13, 2014, lifted
joint motion to dismiss granted