Supreme Court

December 4, 2015 

Print-Friendly

Texas State Seal
THE SUPREME COURT OF TEXAS
Orders Pronounced December 4, 2015
 
ORDERS ON CAUSES
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)
 
The Court conditionally grants the writ of mandamus.

Justice Devine delivered the opinion of the Court.
14-0006
KINGSAIRE, INC. D/B/A KINGS AIRE, INC. v. JORGE MELENDEZ; from El Paso County; 8th Court of Appeals District (08-11-00372-CV, 416 SW3d 898, 11-22-13)
 
The Court reverses the court of appeals' judgment and renders judgment.

Justice Lehrmann delivered the opinion of the Court.

Justice Guzman delivered a concurring opinion.
14-0410
SYLVIA GALVAN v. MEMORIAL HERMANN HOSPITAL SYSTEM; from Harris County; 14th Court of Appeals District (14-13-00120-CV, ___ SW3d ___, 01-28-14)
 
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

14-0530
BNSF RAILWAY COMPANY v. JAMES E. PHILLIPS; from Tarrant County; 2nd Court of Appeals District (02-11-00250-CV, ___ SW3d ___, 05-22-14)
 
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petitions for review and without hearing oral argument, the Court reverses the court of appeals' judgment and renders judgment.

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

14-0694
TEXAS DEPARTMENT OF PUBLIC SAFETY v. MERARDO BONILLA; from El Paso County; 8th Court of Appeals District (08-13-00117-CV, ___ SW3d ___, 05-30-14)
 
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

14-0753
U.S. METALS, INCORPORATED v. LIBERTY MUTUAL GROUP, INCORPORATED, DOING BUSINESS AS LIBERTY INSURANCE CORPORATION (U.S. 5th Circuit 13-20433)
 
The Court answers the questions certified by the United States Court of Appeals for the Fifth Circuit.

Chief Justice Hecht delivered the opinion of the Court.
15-0176
LEDFORD WHITE AND M&M JOINT VENTURE v. KENT DAVIS AND D. KENT DAVIS, P.C.; from Tarrant County; 2nd Court of Appeals District (02-13-00191-CV, ___ SW3d ___, 12-29-14)
 
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court vacates 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

ORDERS ON CASES GRANTED
THE FOLLOWING CERTIFIED QUESTION FROM THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT IS ACCEPTED:
15-0891
IN RE DEEPWATER HORIZON (U.S. 5th Circuit 14-31321)
 
[Note: The date and time for oral argument are yet to be determined.]
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
15-0195
IN THE INTEREST OF K.M.L., A CHILD; from San Jacinto County; 9th Court of Appeals District (09-11-00083-CV, ___ SW3d ___, 01-29-15)
 
2 petitions
as redrafted
 
15-0537
UNITED INDEPENDENT SCHOOL DISTRICT v. EXLP LEASING, LLC AND EES LEASING, LLC; from Webb County; 4th Court of Appeals District (04-14-00343-CV, ___ SW3d ___, 06-03-15)
 
15-0560
ANTONIO SEPEDA v. THE STATE OF TEXAS; from Galveston County; 14th Court of Appeals District (14-14-00443-CV, ___ SW3d ___, 07-16-15)
 
15-0622
RICHARD A. MYERS AND THOMAS J. WOUTERS v. HBC REAL HOLDINGS, LLC; from Dallas County; 5th Court of Appeals District (05-13-00113-CV, ___ SW3d ___, 05-14-15)
 
15-0654
ROBERT C. MORRIS v. KENNETH N. TARLTON; from Palo Pinto County; 11th Court of Appeals District (11-13-00199-CV, ___SW3d___, 07-23-15)
 
15-0660
STEVEN MITCHELL GARY v. MARY ROMAN: GERALD C. MOTON, ESQ.; IRENE HALL, GRAND JURY FOREMAN; AND UNIDENTIFIED PROSECUTORS OF THE 175TH DISTRICT COURT.; from Bexar County; 4th Court of Appeals District (04-15-00349-CV, ___ SW3d ___, 08-12-15)
 
15-0671
MARVIN WADDLETON III TDCJ # 1355746 v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE, ET AL.; from Bee County; 13th Court of Appeals District (13-13-00512-CV, ___ SW3d ___, 07-30-15)
 
15-0721
AMBER BUMPUS v. BRENT FITZGERALD; from Hunt County; 5th Court of Appeals District (05-12-00141-CV, ___ SW3d ___, 07-07-15)
 
15-0727
IN THE INTEREST OF K.A.K., A.A.K., A.A.K., K.A.K., AND A.M.A., MINOR CHILDREN; from Dallas County; 5th Court of Appeals District (05-14-00628-CV, ___ SW3d ___, 08-11-15)
 
15-0737
TCHEWAM "LILY" MUKWANGE v. PUBLIC STORAGE; from Harris County; 14th Court of Appeals District (14-14-00212-CV, ___ SW3d ___, 08-11-15)
 
15-0747
ERNEST K. BANKAS v. MAUREEN BANKAS; from Dallas County; 5th Court of Appeals District (05-15-00388-CV, ___ SW3d ___, 08-13-15)
 
15-0748
MARCUS C. MARSDEN, JR. AND LAURA B. MARSDEN v. TITAN OPERATING, LLC; from Parker County; 2nd Court of Appeals District (02-14-00303-CV, ___ SW3d ___, 08-27-15)
 
15-0786
TIMOTHY PURNELL, AS INDEPENDENT EXECUTOR, ESTATE OF TOMMY ARTHUR PURNELL, DECEASED v. TIFFANY LYNN FRASER; from Dallas County; 5th Court of Appeals District (05-13-01269-CV, ___SW3d___, 07-23-15)
 
15-0800
SAM HOUSTON AND MEERA SINGH v. ALLY FINANCIAL, INC.; from Williamson County; 3rd Court of Appeals District (03-14-00342-CV, ___ SW3d ___, 08-18-15)
 
15-0806
SVEN ERIK JOHANSSON v. BUNA I.S.D., ET AL.; from Jasper County; 14th Court of Appeals District (14-15-00318-CV, ___ SW3d ___, 08-06-15)
THE FOLLOWING PETITION FOR REVIEW IS DISMISSED:
15-0746
RR PRINCE RANCH SWD LIMITED v. WILLIAM O. WILEY, SHIRLEY WILEY AND WILLIAM O. WILEY D/B/A WEN-BE; from Leon County; 10th Court of Appeals District (10-14-00325-CV, ___ SW3d ___, 06-18-15)
 
joint motion to dismiss appeal granted
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
13-0989
LEISEL MOSELEY, BRIAN DUNN AND JANEL DUNN v. HAPPY HILL FARM ACADEMY/HOME AND HAPPY HILL FARM CHILDREN’S HOME ENDOWMENT FUND, HAPPY HILL FARM CHILDREN HOME, INC. A/K/A DALLAS COWBOYS COURAGE HOUSE; from Somervell County; 10th Court of Appeals District (10-12-00197-CV, ___ SW3d ___, 09-05-13)
 
14-0126
STATE OF TEXAS v. ARRINGTON OUTDOOR OF FORT WORTH, L.P.; from Tarrant County; 8th Court of Appeals District (08-12-00034-CV, 416 SW3d 237, 11-13-13)
 
14-0498
IMAGINE AUTOMOTIVE GROUP, INC., IMAGINE AUTOMOTIVE GROUP, I., L.P., ECARLINK, L.P., ECARLINK GP, INC., BRETT STACY AND LEN CRITCHER v. BOARDWALK MOTOR CARS, LTD. D/B/A BOARDWALK PORSCHE (FORMERLY THE PORSCHE STORE), BOARDWALK AUTOMOBILES, LTD. D/B/A BOARDWALK AUDI (FORMERLY THE AUDI STORE), BOARDWALK TRANSPORTATION L.P. D/B/A BOARDWALK VOLKSWAGEN; from Collin County; 5th Court of Appeals District (05-11-01119-CV, 430 SW3d 620, 05-07-14)
 
15-0019
ALEXANDER R. DAVIS AND REBECCA R. DAVIS v. TEXAS MUTUAL INSURANCE COMPANY; from Dallas County; 5th Court of Appeals District (05-12-01715-CV, ___ SW3d ___, 07-28-14)
 
15-0132
MELISSA HERNANDEZ v. ANDRES BUENO; from Jim Wells County; 4th Court of Appeals District (04-14-00255-CV, 454 SW3d 178, 12-31-14)
 
15-0236
CAROL PASELK v. JUSTICE OF THE PEACE, PRECINCT 1, YVONNE KING; from Hopkins County; 6th Court of Appeals District (06-14-00047-CV, 455 SW3d 268, 01-09-15)
 
15-0382
DEAN’S CAMPIN' CO. v. PETER HARDSTEEN AND PAULINA MAYBERG HARDSTEEN AND TEXAS FARM BUREAU; from Grimes County; 1st Court of Appeals District (01-14-00135-CV, ___ SW3d ___, 04-30-15)
 
15-0541
ROWLAND J. MARTIN v. EDWARD BRAVENEC, ESQ. AND 1216 WEST AVE., INC.; from Bexar County; 4th Court of Appeals District (04-14-00483-CV, ___ SW3d ___, 05-13-15)
 
15-0600
GLENN HERBERT JOHNSON v. HARRIS COUNTY, ET AL.; from Harris County; 1st Court of Appeals District (01-14-00383-CV, ___ SW3d ___, 06-02-15)
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
15-0739
IN RE WILLIAM E. JOHNSON
 
See TEX. CODE CRIM. PROC. art. 11.07 § 5.
 
15-0766
IN RE ROBERT LEE MARTIN; from Travis County; 3rd Court of Appeals District (03-15-0055-CV, ___ SW3d ___, 09-03-15)
 
15-0768
IN RE WILLIAM E. JOHNSON
 
See TEX. CODE CRIM. PROC. art. 11.07 § 5.
 
15-0817
IN RE ROBERT LEE MARTIN; from Travis County; 3rd Court of Appeals District (03-15-00582-CV, ___ SW3d ___, 09-23-15)
 
15-0856
IN RE WILLIAM E. JOHNSON
 
See TEX. CODE CRIM. PROC. art. 11.07 § 5.
THE ABATEMENT ORDER IS EXTENDED IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS:
14-0749
IN RE JOHN REEDER; from Kaufman County; 5th Court of Appeals District (05-14-01126-CV, ___ SW3d ___, 09-12-14)
 
[Note: The Court's extended abatement order of October 9, 2015 expired by its own terms on November 9, 2015. The abatement is extended until January 15, 2016, by which time the parties must file either a status report or a motion to dismiss.]