Supreme Court

February 27, 2015 

Print-Friendly

Texas State Seal
THE SUPREME COURT OF TEXAS
Orders Pronounced February 27, 2015
 
ORDERS ON CAUSES
13-0484
AMERICAN STAR ENERGY AND MINERALS CORPORATION v. RICHARD “DICK” STOWERS, RICHARD W. STOWERS, FRANK K. STOWERS AND LINDA SUE JASURDA; from Hutchinson County; 7th Court of Appeals District (07-11-00199-CV, 405 SW3d 905, 05-14-13)
 
The Court reverses the court of appeals' judgment and remands the case to the trial court.

Justice Brown delivered the opinion of the Court .
14-0256
IN RE CRAWFORD & COMPANY, CRAWFORD & COMPANY HEALTHCARE MANAGEMENT, INC., PATSY HOGAN AND OLD REPUBLIC INSURANCE COMPANY; from Potter County; 7th Court of Appeals District (07-14-00013-CV, ___ SW3d ___, 03-17-14)
 
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 FOLLOWING MOTION TO PARTICIPATE IN ORAL ARGUMENT IS GRANTED:
14-0067
MIRTA ZORRILLA v. AYPCO CONSTRUCTION II, LLC AND JORGE LUIS MUNOZ; from Hidalgo County; 13th Court of Appeals District (13-12-00359-CV, 421 SW3d 54, 10-03-13)
 
unopposed motion for leave for amicus curiae to share argument granted
 
Time allotted to argue: 15/20/5 minutes
THE MOTION FOR REHEARING OF THE FOLLOWING CAUSE IS DENIED:
12-0621
EXXON MOBIL CORPORATION v. WILLIAM T. DRENNEN, III; from Harris County; 14th Court of Appeals District (14-10-01099-CV, 367 SW3d 288, 02-14-12)
 
(Justice Guzman and Justice Lehrmann not sitting)
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
13-0209
NACOGDOCHES HEART CLINIC, P.A., PRABHAKAR R. GUNIGANTI, M.D., AND EAST TEXAS CARDIOVASCULAR LABS, LLC v. VIJAY R. POKALA, M.D., D/B/A NACOGDOCHES CARDIAC CENTER; from Nacogdoches County; 12th Court of Appeals District (12-11-00133-CV, ___ SW3d ___, 02-06-13)
 
as reinstated
 
13-0504
LAURA CASTILLO AND ARMANDO CASTILLO, SR. INDIVIDUALLY AND AS REPRESENTATIVES OF THE ESTATE OF ARMANDO CASTILLO, JR. v. FORD MOTOR COMPANY; from Zavala County; 4th Court of Appeals District (04-11-00810-CV, ___ SW3d ___, 04-03-13)
 
13-0940
CITY OF DALLAS v. KENNETH E. ALBERT, ET AL.; from Collin County; 5th Court of Appeals District (05-12-00966-CV, ___ SW3d ___, 08-13-13)
 
(Justice Brown not sitting)
 
13-1008
U.S. SPECIALTY INSURANCE COMPANY AND AXIS INSURANCE COMPANY v. GASTAR EXPLORATION LTD.; from Harris County; 14th Court of Appeals District (14-12-00118-CV, 412 SW3d 577, 07-16-13)
 
14-0030
MARIO SABINO'S, INC., ET AL. v. JOSE FUENTES CO., INC., D/B/A GLORIA'S, ET AL.; from Dallas County; 5th Court of Appeals District (05-11-00228-CV, 418 SW3d 280, 11-26-13)
 
14-0131
AUSTIN JOCKEY CLUB, LTD. AND KTAGS DOWNS HOLDING COMPANY, L.L.C. v. DALLAS CITY LIMITS PROPERTY CO., L.P.; from Harris County; 14th Court of Appeals District (14-12-00530-CV, 418 SW3d 727, 12-10-13)
 
2 petitions
 
14-0268
KEVIN FICKE v. TOMMY RATLIFF, HAYS COUNTY SHERIFF’S DEPARTMENT; HAYS COUNTY DISTRICT ATTORNEY’S OFFICE; AND SHERRI TIBBE; from Hays County; 3rd Court of Appeals District (03-13-00136-CV, ___ SW3d ___, 02-27-14)
 
14-0292
GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS, AND KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS v. CIRRUS EXPLORATION COMPANY.; from Travis County; 3rd Court of Appeals District (03-13-00036-CV, 427 SW3d 464, 02-12-14)
 
14-0326
WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2006-1 ASSET-BACKED CERTIFICATES, SERIES 2006-1 v. LONZIE LEATH; from Dallas County; 5th Court of Appeals District (05-11-01425-CV, 425 SW3d 525, 01-06-14)
 
(Justice Johnson not sitting)
 
14-0368
NATIONS CONSTRUCTION MANAGEMENT, INC. AND LIBERTY MUTUAL INSURANCE COMPANY v. HEITKAMP SWIFT ARCHITECTS, INC.; from Harris County; 14th Court of Appeals District (14-12-00873-CV, ___SW3d___, 01-23-14)
 
14-0385
E.F. v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Harris County; 14th Court of Appeals District (14-13-00869-CV, ___ SW3d ___, 02-25-14)
 
14-0497
TOKA GENERAL CONTRACTORS, LTD. AND MOORE SORRENTO, LLC v. WM. RIGG CO.; from Tarrant County; 4th Court of Appeals District (04-12-00474-CV, ___ SW3d ___, 04-09-14)
 
14-0514
TRACI TUCKER v. STEVEN C. PHILLIPS; from Dallas County; 5th Court of Appeals District (05-13-00210-CV, ___ SW3d ___, 05-12-14)
 
14-0524
KEY ENERGY SERVICES, LLC v. SHELBY COUNTY APPRAISAL DISTRICT; from Shelby County; 12th Court of Appeals District (12-13-00075-CV, ___ SW3d ___, 01-15-14)
 
(Justice Guzman not sitting)
 
14-0526
EOG RESOURCES, INC. v. FLEET OIL & GAS, LTD.; from Johnson County; 10th Court of Appeals District (10-11-00289-CV, ___ SW3d ___, 05-22-14)
 
petitioner's motion to strike dismissed as moot
 
14-0542
KEN PAXTON, TEXAS ATTORNEY GENERAL v. THE CITY OF SAN ANTONIO; from Travis County; 3rd Court of Appeals District (03-11-00668-CV, 432 SW3d 429, 04-10-14)
 
14-0578
TONY GARCIA v. HERALDO ESCOBAR; from Hidalgo County; 13th Court of Appeals District (13-12-00596-CV, ___ SW3d ___, 05-15-14)
 
14-0601
BROOKSHIRE GROCERY COMPANY D/B/A BROOKSHIRE'S AND SUPERIOR SANITATION, INC. v. MICHELLE DIMMITT; from Comanche County; 11th Court of Appeals District (11-12-00129-CV, ___ SW3d ___, 06-26-14)
 
14-0656
MBI GLOBAL, L.L.C. v. HUNTER BUILDINGS & MANUFACTURING, L.P., ET AL.; from Harris County; 14th Court of Appeals District (14-12-00246-CV, ___ SW3d ___, 03-27-14)
 
14-0681
LANCE BRANDON LOUDDER, 2L FARMS, A TEXAS PARTNERSHIP AND TERRI LOUDDER v. CROP QUEST, INC.; from Castro County; 7th Court of Appeals District (07-13-00185-CV, ___ SW3d ___, 07-08-14)
 
14-0736
XITRONIX CORPORATION, A DELAWARE CORPORATION v. KLA-TENCOR CORPORATION, INDIVIDUALLY, AND D/B/A KLA- TENCOR, INC., A DELAWARE CORPORATION; from Travis County; 3rd Court of Appeals District (03-12-00206-CV, ___ SW3d ___, 08-07-14)
 
14-0751
WILLIAM ALEXANDER ROPER, JR. v. CITIMORTGAGE, INC.; from Comal County; 3rd Court of Appeals District (03-11-00887-CV, ___ SW3d ___, 11-27-13)
 
(Justice Willett not sitting)
 
14-0775
CHRISTOPHER JOEL DAVEY v. MARGARETT JORDAN ROYALTIES, INC., ET AL.; from Anderson County; 12th Court of Appeals District (12-13-00002-CV, ___ SW3d ___, 08-13-14)
 
14-0777
KIPP, INC. v. KIMBERLY WHITEHEAD; from Harris County; 1st Court of Appeals District (01-13-00695-CV, 446 SW3d 99, 08-12-14)
 
14-0788
MARILYN STEWART v. CITY OF SAN ANTONIO; from Bexar County; 4th Court of Appeals District (04-13-00720-CV, ___ SW3d ___, 07-23-14)
 
14-0822
LUIS A. SANTIAGO AND LINDA A. SANTIAGO v. NOVASTAR MORTGAGE, INC., THE BANK OF NEW YORK MELLON, AS TRUSTEE, OCWEN LOAN SERVICING, LLC, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., OCWEN FINANCIAL CORPORATION, AND THE BANK OF NEW YORK MELLON; from Collin County; 5th Court of Appeals District (05-13-00619-CV, 443 SW3d 462, 08-28-14)
 
14-0857
WILLIAM HAYES WYTTENBACH v. RANITA MARIE PARISH; from Hidalgo County; 13th Court of Appeals District (13-12-00382-CV, ___ SW3d ___, 09-04-14)
 
14-0888
DR. RICHARD MALOUF AND LEANNE MALOUF v. BRETT SHIPP; from Dallas County; 5th Court of Appeals District (05-13-01080-CV, 439 SW3d 432, 06-24-14)
 
14-0927
JOSEPH MAYZONE v. MISSIONARY OBLATES OF MARY IMMACULATE OF TEXAS, ET AL.; from Bexar County; 4th Court of Appeals District (04-13-00275-CV, ___ SW3d ___, 07-30-14)
 
14-0935
DAVID ERON BOUKNIGHT v. CYNTHIA DIANNE BOUKNIGHT; from Harrison County; 6th Court of Appeals District (06-14-00034-CV, ___ SW3d ___, 10-02-14)
 
motion to stay denied
motion to appoint counsel dismissed as moot
 
14-0959
IN RE COMMITMENT OF RICHARD GARCIA; from Montgomery County; 9th Court of Appeals District (09-13-00235-CV, ___ SW3d ___, 10-30-14)
 
14-1039
JOAQUIN INDEPENDENT SCHOOL DISTRICT v. SHELBY COUNTY APPRAISAL DISTRICT, ET AL.; from Shelby County; 12th Court of Appeals District (12-13-00038-CV, ___ SW3d ___, 08-29-14)
 
14-1065
GWEN STRIBLING HENDERSON, RAVEN A. PITRE AND CHRISTINE S. WILLIE v. JOHN RICHARD SHANKS AND CARBETT J. DUHON, III; from Harris County; 14th Court of Appeals District (14-12-01026-CV, ___ SW3d ___, 10-30-14)
 
(Justice Guzman and Justice Devine not sitting)
 
14-1072
IN THE INTEREST OF J.Z.P. AND J.Z.P., MINOR CHILDREN; from Randall County; 7th Court of Appeals District (07-13-00445-CV, ___ SW3d ___, 10-03-14)
 
14-1078
JOEL STAINBROOK v. TEXAS CHRISTIAN UNIVERSITY; from Tarrant County; 2nd Court of Appeals District (02-13-00433-CV, ___ SW3d ___, 11-06-14)
 
14-1083
GARY DOMEL AND KIM DOMEL v. GAYLON BIRDWELL; from Burnet County; 11th Court of Appeals District (11-12-00200-CV, ___ SW3d ___, 08-29-14)
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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 motions for rehearing
 
13-0756
TRACY B. BROWN v. JANET KLEEREKOPER; from Harris County; 1st Court of Appeals District (01-11-00972-CV, ___ SW3d ___, 03-05-13)
 
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)
 
14-0350
ALFRED F. BERNAT v. TOMAS & BENANCIA SOTELO; from Harris County; 1st Court of Appeals District (01-13-00354-CV, ___ SW3d ___, 01-16-14)
 
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)
 
14-0848
BRUCE B. MCLEOD, III v. ALFRED GYR; from Dallas County; 5th Court of Appeals District (05-12-01607-CV, 439 SW3d 639, 08-07-14)
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF HABEAS CORPUS IS DENIED:
14-0993
IN RE COMMITMENT OF ETHAN TODD STEWART; from Montgomery County
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
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)
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF INJUNCTION IS DENIED:
14-0783
IN RE RONALD J. HOLLEMAN; from Leon County; 10th Court of Appeals District (10-14-00138-CV, ___ SW3d ___, 07-17-14)
MISCELLANEOUS
THE ABATEMENT ORDER IN THE FOLLOWING CASE IS LIFTED:
13-0814
DALLAS NATIONAL INSURANCE COMPANY v. GLORIA DE LA CRUZ; from El Paso County; 8th Court of Appeals District (08-12-00189-CV, 412 SW3d 36, 08-28-13)
 
abatement order issued August 29, 2014, lifted
petition reinstated
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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)
 
as reinstated
stay order issued July 12, 2013, lifted
 
14-0117
IN RE HALLMARK COUNTY MUTUAL INSURANCE COMPANY; from Maverick County; 4th Court of Appeals District (04-14-00038-CV, ___ SW3d ___, 01-22-14)
 
14-0717
IN RE STATE FARM LLOYDS, KENNETH EDWARD ANDERSON, AND GLENN HART; from Travis County; 3rd Court of Appeals District (03-14-00284-CV, ___ SW3d ___, 06-19-14)
 
14-0755
IN RE HOCHHEIM PRAIRIE FARM MUTUAL INSURANCE ASSOCIATION, LLOYD EDWIN RAINEY, RAINEY & ASSOCIATES, JACOB MCKNIGHT TINDELL, AND DALE MARTIN; from Travis County; 3rd Court of Appeals District (03-14-00459-CV, ___ SW3d ___, 08-21-14)
 
15-0126
IN RE CITY OF BEAUMONT, TEXAS; from Jefferson County; 9th Court of Appeals District (09-14-00498-CV, ___ SW3d ___, 12-18-14)
 
relator's motion for emergency stay denied
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS ABATED:
14-1031
IN RE FARMERS INSURANCE EXCHANGE AND TEXAS FARMERS INSURANCE COMPANY; from Nueces County; 13th Court of Appeals District (13-14-00690-CV, ___ SW3d ___, 12-03-14)
 
unopposed motion to abate granted
abatement order issued
 
[Note: The case is abated under Tex. R. App. P. 7.2(b) until further order of this Court.]
A STAY IS ISSUED IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS:
14-0963
IN RE OCEANOGRAFIA, S.A. DE C.V., OTTO CANDIES LLC, CANDIES MEXICAN INVESTMENTS, AND OSA INTERNATIONAL; from Cameron County; 13th Court of Appeals District (13-14-00323-CV, ___ SW3d ___, 08-29-14)
 
relators' emergency motion for temporary relief granted
stay order issued
 
[Note: The petition for writ of mandamus remains pending before this Court.]
THE FOLLOWING APPEAL FROM A DECISION OF THE BOARD OF DISCIPLINARY APPEALS IS DISMISSED:
15-0121
COMMISSION FOR LAWYER DISCIPLINE v. PAM L.WILLIAMSON
 
appellant's unopposed motion to dismiss granted
THE ABATEMENT ORDER IS EXTENDED 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)
 
abatement order issued
 
[Note: The Court's abatement order of December 19, 2014 expired by its own terms on February 17, 2015. The abatement is extended until April 1, 2015, by which time the parties must file either a status report or a motion to dismiss.]