Supreme Court

January 9, 2015 
Texas State Seal
THE SUPREME COURT OF TEXAS
Orders Pronounced January 9, 2015
 
ORDERS ON CAUSES
12-0830
TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES A/K/A BRENHAM STATE SCHOOL, ANTHONY V. WATSON, DWANE B. HUBBARD, AND ARETHA L. TURNER v. MARY CANNON, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF PATRICK TATE DYESS, DECEASED; from Washington County; 14th Court of Appeals District (14-11-00751-CV, 383 SW3d 571, 07-19-12)
 
The Court affirms the court of appeals' judgment.

Justice Lehrmann delivered the opinion of the Court.
13-0801
NATIONAL PROPERTY HOLDINGS, L.P., MICHAEL PLANK AND RUSSELL PLANK v. GORDON WESTERGREN; from Harris County; 14th Court of Appeals District (14-11-00058-CV; 14-11-00229-CV, 409 SW3d 110, 06-28-13)
 
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court affirms in part and reverses in part the court of appeals' judgment, and reinstates in part the trial court's judgment.

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

ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
14-0511
MICHAEL M. EULER v. MILES MARKS AND TEXAS DOW EMPLOYEES FEDERAL CREDIT UNION; from Montgomery County; 1st Court of Appeals District (01-13-00085-CV, ___SW3d___, 02-25-14)
 
14-0622
KRISTIN WILKINSON v. USAA FEDERAL SAVINGS BANK TRUST SERVICES, INDIVIDUALLY AND AS TRUSTEE, WILLIAMS, KHERKHER, HART & BOUNDAS, L.L.P., WILLIAM W. MORRIS, AND LOOPER, REED & MCGRAW, P.C.; from Harris County; 14th Court of Appeals District (14-13-00111-CV, ___ SW3d ___, 07-01-14)
 
as redrafted
 
(Justice Johnson not sitting)
 
14-0673
REGINALD L. GILFORD v. TEXAS FIRST BANK; from Galveston County; 1st Court of Appeals District (01-13-00384-CV, ___ SW3d___, 07-10-14)
 
14-0679
EGNA BISHOP VILLARREAL v. GUILLERMO GONZALEZ GUERRA; from Starr County; 4th Court of Appeals District (04-13-00522-CV, 446 SW3d 404, 07-02-14)
 
14-0718
MOSTAFA ARAM AZADPOUR v. CITY OF GRAPEVINE, ET AL.; from Tarrant County; 2nd Court of Appeals District (02-13-00323-CV, ___SW3d___, 06-05-14)
 
14-0754
MARIA E. HERNANDEZ v. GUILLERMO RIVERA; from El Paso County; 8th Court of Appeals District (08-11-00287-CV, 441 SW3d 413, 01-15-14)
 
14-0759
WALTON AND MARIE BROWN v. POTTER CONCRETE RESIDENTIAL, LTD., ET AL.; from Dallas County; 5th Court of Appeals District (05-13-00585-CV, ___ SW3d ___, 06-30-14)
 
14-0790
AAMER RAZI v. EDWIN M. SIGEL; from Dallas County; 5th Court of Appeals District (05-12-01451-CV, ___ SW3d ___, 06-30-14)
 
14-0805
FOUR THOUSAND THIRTY DOLLARS ($4,030.00) UNITED STATES CURRENCY v. THE STATE OF TEXAS; from Potter County; 7th Court of Appeals District (07-12-00414-CV, ___ SW3d ___, 08-18-14)
 
14-0833
L.M.O. v. STATE OF TEXAS; from Johnson County; 10th Court of Appeals District (10-13-00425-CV, ___ SW3d ___, 07-31-14)
 
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)
 
14-0870
DAVENPORT MEADOWS, LP v. JACOB AND GALINA DOBRUSHKIN; from Collin County; 5th Court of Appeals District (05-12-01471-CV, ___ SW3d ___, 07-30-14)
 
14-0873
ISAAC CLAY v. VICKY CLAY; from Collin County; 5th Court of Appeals District (05-13-00624-CV, ___ SW3d ___, 06-30-14)
 
14-0883
KINGS RIVER TRAIL ASSOCIATION, INC. AND KINGS RIVER VILLAGE COMMUNITY ASSOCIATION, INC. v. PINEHURST TRAIL HOLDINGS, LLC; from Harris County; 14th Court of Appeals District (14-12-00967-CV, 447 SW3d 439, 09-25-14)
 
14-0902
GERARDO DELEON v. THOS. S. BYRNE, LTD. F/K/A THOS. S. BYRNE, INC.; from Tarrant County; 2nd Court of Appeals District (02-13-00212-CV, ___ SW3d ___, 09-18-14)
 
14-0904
RUDY LOPEZ v. MARY SOTO AND ASCENSION SOTO; from Runnels County; 3rd Court of Appeals District (03-12-00031-CV, ___ SW3d ___, 07-02-14)
 
14-0938
IN RE COMMITMENT OF KEVIN WAYNE EDWARDS; from Montgomery County; 9th Court of Appeals District (09-13-00575-CV, 443 SW3d 520, 09-04-14)
 
14-0951
DANIEL M. FRALEY v. DONALD R. FRALEY; from Midland County; 11th Court of Appeals District (11-14-00190-CV, ___ SW3d ___, 10-02-14)
 
14-0973
LETICIA R. BENAVIDES v. CARLOS BENAVIDES, III, TOMAS BENAVIDES AND ANA B. GALO, AS CO-TRUSTEES OF THE BENAVIDES FAMILY MINERAL TRUST; from Webb County; 4th Court of Appeals District (04-14-00523-CV, ___ SW3d ___, 10-08-14)
 
14-0977
JOHN RUSSELL COFFMAN v. CELESTE ELAINE COFFMAN MELTON; from Montgomery County; 14th Court of Appeals District (14-13-00661-CV, ___ SW3d ___, 09-04-14)
 
14-0980
SEBASTIAN LOMBARDO v. SHOUVIK BHATTACHARYYA; from Dallas County; 5th Court of Appeals District (05-13-01583-CV, ___ SW3d ___, 07-30-14)
 
14-0994
TITUS COUNTY, TEXAS v. GERALD CLARK AND JO ANN CLARK; from Titus County; 6th Court of Appeals District (06-14-00035-CV, ___ SW3d ___, 09-19-14)
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF 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)
 
14-0183
ST. LUKE'S SUGAR LAND PARTNERSHIP, L.L.P. AND ST. LUKE'S COMMUNITY DEVELOPMENT CORPORATION-SUGAR LAND v. SHATISH PATEL, M.D., HEMALATHA VIJAYAN, M.D., SUBODH SONWALKAR, M.D. AND WALLEY OLADUT, M.D.; from Harris County; 1st Court of Appeals District (01-13-00273-CV, 445 SW3d 413, 11-07-13)
 
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)
 
14-0359
STEPHEN L. GOODMAN v. COMPASS BANK; from Dallas County; 5th Court of Appeals District (05-12-00447-CV, 428 SW3d 887, 10-22-13)
 
14-0393
WILLIAM WALTER JOBE v. THE STATE OF TEXAS; from San Jacinto County; 9th Court of Appeals District (09-13-00364-CV, ___ SW3d ___, 04-24-14)
 
as supplemented
 
14-0502
JIMMY CHARLES JOHNSON v. DALLAS COUNTY, ET AL.; from Dallas County; 5th Court of Appeals District (05-12-01046-CV, ___ SW3d ___, 03-05-14)
 
relator's motion for emergency stay dismissed as moot
 
14-0716
WILLIAM DAVID GOLDEN v. THE STATE OF TEXAS; from Harris County; 1st Court of Appeals District (01-12-00735-CV, ___SW3d___,05-08-14)
 
14-0778
ELGIN WELLS AND DAVID C. EMMERS, INDIVIDUALLY AND AS REPRESENTATIVES OF THE CHARLES A. GEORGE DENTAL SOCIETY v. ZEB F. POINDEXTER, III; from Harris County; 14th Court of Appeals District (14-13-00982-CV, ___ SW3d ___, 08-26-14)
 
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 MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
14-0027
IN RE YEDIDIYAH HAWKINS; from Callahan County; 11th Court of Appeals District (11-13-00237-CV, ___ SW3d ___, 08-15-13)
 
14-0677
IN RE PABLO RIÓN Y ASOCIADOS, S.A. DE C.V.; from Fort Bend County; 14th Court of Appeals District (14-14-00256-CV, ___ SW3d ___, 07-10-14)
 
14-0726
IN RE WILLIAM DAVID GOLDEN; from Harris County; 1st Court of Appeals District (01-12-00735-CV, ___ SW3d ___, 05-08-14)
MISCELLANEOUS
THE ABATEMENT ORDERS IN THE FOLLOWING CASES ARE LIFTED:
13-0956
OIS INVESTMENTS, INC. v. AAA FREE MOVE MINI STORAGE, L.L.C.; from Bexar County; 4th Court of Appeals District (04-11-00849-CV, 419 SW3d 522, 10-30-13)
 
motion to reinstate granted
motion to expedite denied
abatement order issued July 18, 2014, lifted
rehearing reinstated
 
13-0957
OIS INVESTMENTS, INC. v. AAA FREE MOVE MINI STORAGE, L.L.C.; from Bexar County; 4th Court of Appeals District (04-12-00775-CV, ___ SW3d ___, 10-02-13)
 
motion to reinstate granted
motion to expedite denied
abatement order issued July 18, 2014, lifted
rehearing reinstated
 
14-1005
GERMAINE JAMES v. JOSE AGUILERA; from Harris County; 14th Court of Appeals District (14-14-00582-CV, ___ SW3d ___, 12-16-14)
 
motion to lift abatement granted
abatement order issued December 5, 2014, lifted
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
14-0655
IN RE JAMES EDWARD DE MOSS
 
14-0988
IN RE FELICIA NICOLE JONES; from Brazoria County; 1st Court of Appeals District (01-14-00712-CV, ___ SW3d ___, 09-09-14)
 
15-0014
IN RE JESSE GUNN; from Collin County; 5th Court of Appeals District (05-14-01620-CV, ___SW3d ___, 01-08-15)
relator's motion for temporary relief denied
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED:
14-0795
IN RE LOYD LANDON SORROW; from Harris County
 
See TEX. R. APP. P. 5.
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS STRUCK PURSUANT TO TEXAS RULE OF APPELLATE PROCEDURE 9.4(i):
14-1080
IN RE JOURDANTON HOSPITAL CORPORATION D/B/A SOUTH TEXAS REGIONAL MEDICAL CENTER; from Atascosa County; 4th Court of Appeals District (04-14-00817-CV, ___ SW3d ___, 12-10-14)
 
relator's motion to exceed word limit denied

The Court strikes the petition for writ of mandamus with the following notation: "The petition violates Texas Rules of Appellate Procedure 9.4(i)(2)(D) and is struck. Relator is ordered to redraw; the petition is due by January 20, 2015."
THE FOLLOWING PETITIONS FOR WRIT OF HABEAS CORPUS ARE DENIED:
14-0993
IN RE COMMITMENT OF ETHAN TODD STEWART; from Montgomery County
 
14-1011
IN RE TERRENCE M. GORE; from Dallas County; 5th Court of Appeals District (05-14-01422-CV, ___ SW3d ___, 11-19-14)
 
request for emergency temporary relief denied, as supplemented