Supreme Court

January 30, 2015 
Texas State Seal
THE SUPREME COURT OF TEXAS
Orders Pronounced January 30, 2015
 
ORDERS ON CAUSES
12-0920
CHARLES G. HOOKS, III, ET AL. v. SAMSON LONE STAR, LIMITED PARTNERSHIP, N/K/A SAMSON LONE STAR LLC; from Jefferson County; 1st Court of Appeals District (01-09-00328-CV, 389 SW3d 409, 05-31-12)
 
The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to that court.

Justice Devine delivered the opinion of the Court .
14-0038
IN RE THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS; from Tarrant County; 2nd Court of Appeals District (02-13-00383-CV, ___ SW3d ___, 12-13-13)
 
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

14-0279
FARM BUREAU COUNTY MUTUAL INSURANCE COMPANY v. CRISTIL ROGERS; from Lamar County; 6th Court of Appeals District (06-14-00002-CV, ___ SW3d ___, 02-26-14)
 
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court affirms the court of appeals' judgment.

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

THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:
12-0485
IN RE TERESA CORRAL-LERMA; from El Paso County; 8th Court of Appeals District (08-11-00134-CV)
 
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)
ORDERS ON CASES GRANTED
THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
13-0047
ALLEN MARK DACUS, ELIZABETH C. PEREZ, AND REV. ROBERT JEFFERSON v. ANNISE D. PARKER AND CITY OF HOUSTON; from Harris County; 14th Court of Appeals District (14-11-00688-CV, ___ SW3d ___, 07-10-12)
 
[Note: This case has been set for oral argument at 9:00 a.m., February 24, 2015.]
Time allotted to argue: 20/20 minutes
 
(Justice Brown not sitting)
 
13-0597
PLAINS EXPLORATION & PRODUCTION COMPANY v. TORCH ENERGY ADVISORS INCORPORATED; from Harris County; 1st Court of Appeals District (01-12-00698-CV, 409 SW3d 46, 06-20-13)
 
2 petitions
 
[Note: This case has been set for oral argument at 9:00 a.m., February 24, 2015.]
Time allotted to argue: 20/20 minutes
 
13-0709
ROBERT VALDEZ, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF PIERRE V. BERNARD, DECEASED, AND FIDELITY AND CASUALTY COMPANY OF NEW YORK v. DAVID HOLLENBECK, ET AL.; from Bexar County; 4th Court of Appeals District (04-11-00739-CV, 410 SW3d 1, 04-24-13)
 
2 petitions
 
[Note: This case has been set for oral argument at 9:00 a.m., February 24, 2015.]
Time allotted to argue: 20/20 minutes
 
13-0978
JLG TRUCKING, LLC v. LAUREN R. GARZA; from Zapata County; 4th Court of Appeals District (04-13-00043-CV, ___SW3d___, 10-09-13)
 
[Note: Oral argument of this case will be conducted on Thursday, February 26, 2015 at 9:00 a.m. at the University of Texas at Tyler in Tyler, Texas. See TEX. CONST. ART. V., § 3(a).]
Time allotted to argue: 20/20 minutes
 
14-0186
TV AZTECA, S.A.B. DE C.V., PATRICIA CHAPOY, AND PUBLIMAX, S.A. DE C.V. v. GLORIA DE LOS ANGELES TREVINO RUIZ, INDIVIDUALLY AND ON BEHALF OF HER MINOR CHILDREN, A.T. AND A.M.; from Hidalgo County; 13th Court of Appeals District (13-12-00536-CV, ___SW3d___, 01-30-14)
 
[Note: This case has been set for oral argument at 9:00 a.m., February 25, 2015.]
Time allotted to argue: 20/20 minutes
 
14-0302
CHESAPEAKE EXPLORATION, L.L.C. AND CHESAPEAKE OPERATING, INC. v. MARTHA ROWAN HYDER, INDIVIDUALLY, AND AS INDEPENDENT EXECUTRIX AND TRUSTEE UNDER THE WILL OF ELTON M. HYDER, JR., DECEASED, AND AS TRUSTEE UNDER THE ELTON M. HYDER JR. RESIDUARY TRUST, AND AS TRUSTEE OF THE ELTON M. HYDER JR. MARITAL TRUST, ET AL.; from Tarrant County; 4th Court of Appeals District (04-12-00769-CV, 427 SW3d 472, 03-05-14)
 
[Note: This case has been set for oral argument at 9:00 a.m., March 24, 2015.]
Time allotted to argue: 20/20 minutes
 
14-0346
BARBARA D. COSGROVE, INDIVIDUALLY, AND AS THE TRUSTEE OF THE CHARLES AND BARBARA COSGROVE FAMILY REVOCABLE LIVING TRUST v. MICHAEL CADE AND BILLIE CADE; from Tarrant County; 2nd Court of Appeals District (02-11-00424-CV, 430 SW3d 488, 04-03-14)
 
[Note: This case has been set for oral argument at 9:00 a.m., March 24, 2015.]
Time allotted to argue: 20/20 minutes
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE SET FOR ORAL ARGUMENT:
14-0171
IN RE MEMORIAL HERMANN HOSPITAL SYSTEM; MEMORIAL HERMANN PHYSICIAN NETWORK; MICHAEL MACRIS, M.D.; MICHAEL MACRIS, M.D., P.A.; AND KEITH ALEXANDER; from Harris County; 1st Court of Appeals District (01-13-00720-CV, ___ SW3d ___, 03-04-14)
 
[Note: This case has been set for oral argument at 9:00 a.m., February 25, 2015.]
Time allotted to argue: 20/20 minutes
 
14-0175
IN RE LONGVIEW ENERGY COMPANY; from Zavala County; 4th Court of Appeals District (04-12-00630-CV)
 
2 petitions
 
[Note: This case has been set for oral argument at 9:00 a.m., February 25, 2015.]
Time allotted to argue: 20/20 minutes
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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)
 
motion for rehearing granted
denial of petition for review on October 3, 2014, withdrawn
petition reinstated
 
 
13-0874
C.H. v. THE STATE OF TEXAS; from Tarrant County; 2nd Court of Appeals District (02-11-00335-CV, 412 SW3d 67, 09-12-13)
 
as redrafted
 
13-0909
RPI DENTON CENTER, LTD. v. TROY BROWN AND ALBERT SMITH; from Denton County; 6th Court of Appeals District (06-13-00035-CV, ___SW3d___, 10-01-13)
 
13-0946
NATIONAL PROPERTY HOLDINGS, L.P., MICHAEL PLANK AND RUSSELL PLANK v. FRONTIER LOGISTICS, L.P., FLPCW, L.P., GEORGE COOK, GLENN WISEMAN, JAMES MADLER AND CHRISTY FULTON; from Harris County; 14th Court of Appeals District (14-11-00357-CV, 417 SW3d 656, 10-17-13)
 
2 petitions
 
13-0976
MIGUEL SALAZAR, ET AL. v. TEXAS DEPARTMENT OF PUBLIC SAFETY, ET AL.; from Travis County; 3rd Court of Appeals District (03-11-00478-CV, ___SW3d___, 10-31-13)
 
14-0052
FLORINA FLIT v. Y. GINA LISITSA AND LISITSA LAW CORPORATION; from Harris County; 14th Court of Appeals District (14-13-00126-CV, 419 SW3d 672, 12-10-13)
 
14-0100
PEGASUS SCHOOL OF LIBERAL ARTS & SCIENCES v. KIMBERLY BALL-LOWDER; from Dallas County; 5th Court of Appeals District (05-13-00482-CV, ___ SW3d ___, 11-18-13)
 
14-0242
RDSL ENTERPRISES LLC D/B/A JACK IN THE BOX v. RUBY LUCILLE HALL; from Tarrant County; 2nd Court of Appeals District (02-12-00363-CV, 426 SW3d 294, 02-20-14)
 
14-0267
TIM PRITCHETT v. GOLD’S GYM FRANCHISING, LLC; from Dallas County; 5th Court of Appeals District (05-13-00464-CV, ___ SW3d ___, 02-04-14)
 
14-0377
CITY OF BROWNSVILLE, TEXAS v. MARCO LONGORIA AND THE BROWNSVILLE FIRE FIGHTERS' ASSOCIATION; from Cameron County; 13th Court of Appeals District (13-12-00224-CV, ___ SW3d ___, 04-03-14)
 
14-0426
IN THE INTEREST OF W.R.B. AND B.K.B., CHILDREN; from Dallas County; 5th Court of Appeals District (05-12-00776-CV, ___SW3d___, 02-20-14)
 
14-0487
MIDLAND STATES LIFE INSURANCE COMPANY v. ALFREDO A. GALINDO, IDALIA M. GALINDO, ELIZABETH BOHORQUEZ AND MICHAEL WHITMIRE; from Travis County; 11th Court of Appeals District (11-12-00034-CV, 429 SW3d 690, 02-21-14)
 
(Justice Guzman not sitting)
 
14-0490
BCG ATTORNEY SEARCH, INC., PROFESSIONAL AUTHORITY, INC. D/B/A LEGAL AUTHORITY v. ROBERT KINNEY; from Travis County; 3rd Court of Appeals District (03-12-00579-CV, ___ SW3d ___, 04-11-14)
 
14-0506
SAMUEL PRATER v. GEICO GENERAL INSURANCE CO.; from Cameron County; 13th Court of Appeals District (13-14-00055-CV, ___ SW3d ___, 04-17-14)
 
14-0518
MIZPAH RESIDENTIAL CARE, D/B/A LA FAMILIA ADULT DAY CARE v. ENRIQUETA CASTILLO, ET AL.; from Cameron County; 13th Court of Appeals District (13-12-00719-CV, ___ SW3d ___, 05-22-14)
 
14-0543
MAMOON N. ALAHMAD v. ISMAIL "SAM" ABUKHDAIR; from Tarrant County; 2nd Court of Appeals District (02-12-00084-CV, ___ SW3d ___, 06-05-14)
 
14-0552
NORTH SHORE ENERGY, L.L.C. v. JOHN JAMES HARKINS, ET AL.; from Goliad County; 13th Court of Appeals District (13-12-00504-CV, ___ SW3d ___, 05-01-14)
 
2 petitions
 
(Chief Justice Hecht not sitting)
 
14-0611
MARTIN M. MCGONAGLE, M.D. AND MARY E. MCGONAGLE v. STEWART TITLE GUARANTY COMPANY AND STEWART TITLE COMPANY D/B/A CENTRAL TEXAS TITLE; from Dallas County; 5th Court of Appeals District (05-13-00036-CV, ___SW3d___, 05-01-14)
 
(Justice Lehrmann not sitting)
 
14-0640
THE CITY OF SAN ANTONIO v. KOPPLOW DEVELOPMENT, INC.; from Bexar County; 4th Court of Appeals District (04-09-00403-CV, 441 SW3d 436, 02-05-14)
 
14-0648
BARRY S. NUSSBAUM v. ONEWEST BANK, FSB; from Dallas County; 5th Court of Appeals District (05-13-00081-CV, ___ SW3d ___, 05-21-14)
 
14-0686
JOSEPH & DEBRA DOMINO v. ALLMAND & LEE PLLC, CHRIS LEE, AND WELDON R. ALLMAND; from Tarrant County; 2nd Court of Appeals District (02-13-00252-CV, 439 SW3d 519, 07-24-14)
 
14-0687
IN THE MATTER OF R.A.J., A CHILD; from Potter County; 7th Court of Appeals District (07-14-00048-CV, ___ SW3d ___, 07-29-14)
 
14-0711
WENDY JEANELLE HENNIG v. MICHAEL “MIRO” DIDYK, INDIVIDUALLY AND AS INDEPENDENT ADMINISTRATOR OF THE ESTATE OF MATTHEW MICHAEL DIDYK, DECEASED; from Collin County; 5th Court of Appeals District (05-13-00656-CV, 438 SW3d 177, 07-28-14)
 
14-0723
TEXAS MUSIC LIBRARY AND RESEARCH CENTER v. TEXAS DEPARTMENT OF TRANSPORTATION, AND PHIL WILSON, EXECUTIVE DIRECTOR; from Travis County; 13th Court of Appeals District (13-13-00600-CV, ___ SW3d ___, 07-31-14)
 
14-0748
LISA M. MCNELLY v. STEPHEN E. MCNELLY; from Somervell County; 14th Court of Appeals District (14-13-00281-CV, ___ SW3d ___, 05-15-14)
 
14-0752
ROBERT J. GREEN AND MARILYN GREEN v. CITY OF DALLAS; from Dallas County; 5th Court of Appeals District (05-13-01037-CV, ___ SW3d ___, 07-21-14)
 
14-0823
RICHARD LIVINGSTON AND DIANNE LIVINGSTON v. SHERILYN ALEXANDER LANDERS AND BILLYE C. ALEXANDER, HEIRS OF W.W. ALEXANDER, ET AL.; from Shelby County; 12th Court of Appeals District (12-13-00282-CV, ___ SW3d ___, 08-27-14)
 
14-0826
KAREN MURRAY, ET AL. v. PINNACLE HEALTH FACILITIES XV D/B/A WOODRIDGE NURSING AND REHABILITATION; from Harris County; 1st Court of Appeals District (01-13-00527-CV, ___ SW3d ___, 07-15-14)
 
14-0881
PERISSOS HOLDINGS, INC. AND MARTY L. HALE v. MOMENTIS U.S. CORPORATION, JUST ENERGY MARKETING CORP., JUST ENERGY TEXAS 1 CORP., AND ANDY MCWILLIAMS; from Dallas County; 5th Court of Appeals District (05-13-01085-CV, ___ SW3d ___ , 07-30-14)
 
14-0978
STUART FETTER, INDIVIDUALLY AND AS TRUSTEE OF THE FETTER FAMILY LIVING TRUST v. MARSHALL BROWN, ALLISON MADISON, AND LAUREN WILSON; from McLennan County; 10th Court of Appeals District (10-13-00392-CV, ___ SW3d ___, 10-09-14)
THE FOLLOWING PETITION FOR REVIEW IS STRUCK PURSUANT TO TEXAS RULE OF APPELLATE PROCEDURE 9.4(i):
14-0968
THOMAS O. BENNETT, JR., JAMES B. BONHAM CORPORATION AND WAYNE H. PARIS v. RANDY REYNOLDS, LARRY GRANT, AND RICHARD L. MILLER; from San Saba County; 3rd Court of Appeals District (03-12-00568-CV, ___ SW3d ___, 08-22-14)
 
petitioners' unopposed motion to exceed word limits denied


The Court strikes the petition for review with the following notation: "The petition violates Texas Rules of Appellate Procedure 9.4(i)(2)(D) and is struck. Petitioner is ordered to redraw; the petition is due by February 9, 2015."
THE FOLLOWING PETITIONS FOR REVIEW ARE DISMISSED FOR WANT OF JURISDICTION:
14-0633
BENEDICT EMESOWUM v. CHRISTMAS EVE MORGAN; from Harris County; 14th Court of Appeals District (14-13-00397-CV, ___ SW3d ___, 07-22-14)
 
See TEX. GOV’T CODE § 22.225(b)(1).
 
14-0844
PHYLLIS REESE AND ALL OCCUPANTS OF 2404 RAINTREE DRIVE, PLANO, TEXAS 75074 v. BANK OF AMERICA, N.A. ITS SUCCESSORS AND ASSIGNS; from Collin County; 5th Court of Appeals District (05-13-00560-CV, ___ SW3d ___, 08-15-14)
 
See TEX. GOV’T CODE § 22.225(b)(1).
THE FOLLOWING PETITION FOR REVIEW IS ABATED:
14-0151
JERRY MULLENDORE v. KURT MICHAEL MUEHLSTEIN; from Denton County; 8th Court of Appeals District (08-12-00140-CV, 441 SW3d 426, 01-15-14)
 
abatement order issued

[Note: Effective October 27, 2014, the case is abated pursuant to Tex. R. App. P. 8.2 until further order of this Court and is removed from the Court's active docket, subject to reinstatement upon proper motion. Tex. R. App. P. 8.3. All motions and other documents pending or filed are abated subject to being reurged in the event the case is reinstated. Tex. R. App. P. 8.2, 8.3. It is the parties' responsibility to immediately notify this Court once the automatic bankruptcy stay is lifted.]
ORDERS ON MOTIONS FOR REHEARING
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR REVIEW IS GRANTED:
14-0534
RAILROAD COMMISSION OF TEXAS v. GULF ENERGY EXPLORATION CORPORATION; from Calhoun County; 13th Court of Appeals District (13-12-00252-CV, ___ SW3d ___, 05-29-14)
 
denial of petition for review on October 24, 2014, withdrawn
petition reinstated
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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)
 
14-0165
D.R. HORTON-TEXAS, LTD. v. WILLIAM BERNHARD & NADIA BERNHARD; from Brazoria County; 14th Court of Appeals District (14-12-01150-CV, 423 SW3d 532, 02-20-14)
 
(Chief Justice Hecht not sitting)
 
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)
 
14-0792
MICHAEL KENNEDY v. THE STATE OF TEXAS; from Anderson County; 12th Court of Appeals District (12-14-00215-CV, ___ SW3d ___, 07-31-14)
 
14-0834
IN THE INTEREST OF C.A.W.P. AND Z.J.W.P., MINOR CHILDREN; from Hidalgo County; 13th Court of Appeals District (13-13-00628-CV, ___ SW3d ___, 07-31-14)
 
14-0837
IN THE INTEREST OF C.A.W.P. AND Z.J.W.P., MINOR CHILDREN; from Hidalgo County; 13th Court of Appeals District (13-13-00629-CV, ___ SW3d ___, 07-31-14)
 
14-0896
KATHARINE MILLIKEN v. MICHAEL TUROFF; from Harris County; 14th Court of Appeals District (14-13-00710-CV, ___ SW3d ___, 09-16-14)
 
14-0900
IN THE INTEREST OF K.S., K.S. AND G.S., CHILDREN; from Polk County; 9th Court of Appeals District (09-14-00222-CV, ___ SW3d ___, 09-25-14)
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
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)
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
14-0722
IN RE RICHARD CHADWICK; from Travis County; 3rd Court of Appeals District (03-14-00263-CV, ___ SW3d ___, 06-19-14)
 
14-0956
IN RE JAMES LATIMER; from Collin County; 5th Court of Appeals District (05-14-01206-CV, ___ SW3d ___, 09-24-14)
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DISMISSED:
14-0852
IN RE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY; from Travis County; 3rd Court of Appeals District (03-14-00480-CV, ___ SW3d ___, 09-19-14)
 
joint motion to dismiss granted
 
14-1063
IN RE CHELSEA L. DAVIS; from Dallas County
 
See TEX. R. APP. P. 5.
A STAY IS ISSUED IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS:
14-0761
IN RE EAGLE FORD LAND PARTNERS, L.P.; from Johnson County; 10th Court of Appeals District (10-14-00162-CV)
 
relator's emergency motion for temporary relief granted
stay order issued
 
[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:
14-0367
IN THE MATTER OF EUGENE X. MERCIER
THE ABATEMENT ORDER IS EXTENDED IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS:
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)
 
unopposed motion to continue abatement granted
 
[Note: The Court's abatement order of November 21, 2014 expired by its own terms on January 20, 2015. The abatement is extended until March 2, 2015, by which time the parties must file either a status report or a motion to dismiss.]