Supreme Court

May 8, 2015 

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Texas State Seal
THE SUPREME COURT OF TEXAS
Orders Pronounced May 8, 2015
 
ORDERS ON CAUSES
12-0255
GENE E. PHILLIPS, INDIVIDUALLY AND D/B/A PHILLIPS OIL INTERESTS, LLC, EURENERGY RESOURCES CORPORATION, SYNTEK WEST, INC., CABELTEL INTERNATIONAL CORPORATION, NATRON INVESTMENTS, A&B CAPITAL CORPORATION, SOUTHMARK CORPORATION, BASIC CAPITAL MANAGEMENT, INC v. CARLTON ENERGY GROUP, LLC; from Harris County; 1st Court of Appeals District (01-09-00997-CV, 369 SW3d 433, 02-14-12)
 
2 petitions
 
The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to that court.

Chief Justice Hecht delivered the opinion of the Court.
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)
 
The Court reverses the court of appeals' judgment and reinstates the judgment of the trial court.

Justice Green delivered the opinion of the Court.
13-0042
GENIE INDUSTRIES, INC. v. RICKY MATAK, BELINDA MATAK AND MISTY SONNIER, AS REPRESENTATIVE OF THE ESTATE OF WALTER PETE LOGAN MATAK, DECEASED; from Jefferson County; 13th Court of Appeals District (13-11-00050-CV, ___ SW3d ___, 12-06-12)
 
The Court reverses the court of appeals' judgment and renders judgment.

Chief Justice Hecht delivered the opinion of the Court, in which Justice Green, Justice Johnson, Justice Willett, Justice Guzman, and Justice Brown joined.

Justice Boyd delivered a dissenting opinion, in which Justice Lehrmann and Justice Devine joined.
13-0080
RSUI INDEMNITY COMPANY v. THE LYND COMPANY; from Bexar County; 4th Court of Appeals District (04-11-00193-CV, 399 SW3d 197, 03-28-12)
 
The Court affirms the court of appeals' judgment.

Justice Boyd delivered the opinion of the Court, in which Justice Johnson, Justice Willett, Justice Guzman, Justice Lehrmann, and Justice Devine joined.

Chief Justice Hecht delivered a dissenting opinion, in which Justice Green and Justice Brown joined.
13-0175
MAGDALENA ADRIENNA ABUTAHOUN, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE HEIRS AND ESTATE OF ROBERT WAYNE HENDERSON, DECEASED, AND TANYA ELAINE HENDERSON, INDIVIDUALLY IN HER OWN RIGHT AND AS NEXT FRIEND OF Z.Z.H., A MINOR v. THE DOW CHEMICAL COMPANY; from Dallas County; 5th Court of Appeals District (05-11-01277-CV, 395 SW3d 335, 02-08-13)
 
The Court affirms the court of appeals' judgment.

Justice Green delivered the opinion of the Court.
13-0795
CITY OF DALLAS v. TCI WEST END, INC.; from Dallas County; 5th Court of Appeals District (05-11-00582-CV, 407 SW3d 292, 04-15-13)
 
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses in part 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

14-0095
WAYNE VENTLING v. PATRICIA M. JOHNSON; from Nueces County; 13th Court of Appeals District (13-12-00398-CV, ___ SW3d ___, 12-19-13)
 
The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the trial court.

Justice Lehrmann delivered the opinion of the Court.
14-0107
CUAHUTEMOC ("TIM") GONZALEZ v. ERMA GONZALES RAMIREZ, INDIVIDUALLY, AS REPRESENTATIVE OF THE ESTATE OF RAYMOND RAMIREZ, DECEASED, AND AS NEXT FRIEND OF R.L.R., J.R., M.R., R.R., AND D.R., MINOR CHILDREN; JANIE CROSBY; AND SAMUEL LEE JACKSON, INDIVIDUALLY, AS NEXT FRIEND OF T.C.J., A MI; from Lamb County; 7th Court of Appeals District (07-11-00385-CV, ___ SW3d ___, 08-29-13)
 
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses in part the court of appeals' judgment, renders judgment in part, and remands the case to that court.

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

14-0122
LIFE PARTNERS, INC. AND MILKIE/FERGUSON INVESTMENT, INC. v. MICHAEL ARNOLD, JANET ARNOLD, STEVE SOUTH AS TRUSTEE AND ON BEHALF OF THE SOUTH LIVING TRUST, JOHN S. FERRIS, M.D., CHRISTINE DUNCAN, AND ALL OTHERS SIMILARLY SITUATED; from Dallas County; 5th Court of Appeals District (05-12-00092-CV, 416 SW3d 577, 08-28-13)
 
 
- consolidated for oral argument with -
14-0226
LIFE PARTNERS HOLDINGS, INC., LIFE PARTNERS, INC., BRIAN D. PARDO, R. SCOTT PEDEN, ADVANCE TRUST & LIFE ESCROW SERVICES, L.T.A., AND PURCHASE ESCROW SERVICES, LLC v. STATE OF TEXAS; from Travis County; 3rd Court of Appeals District (03-13-00195-CV, ___ SW3d ___, 02-06-14)
 
2 petitions
 
The Court affirms the courts of appeals' judgments.

Justice Boyd delivered the opinion of the Court.
14-0175
IN RE LONGVIEW ENERGY COMPANY AND IN RE HUFF ENERGY FUND, L.P., AND RILEY-HUFF ENERGY GROUP, LLC; from Zavala County; 4th Court of Appeals District (04-12-00630-CV)
 
2 petitions
 
The Court denies the petitions for writ of mandamus.

Chief Justice Hecht delivered the opinion of the Court.
14-0214
ANDREWS COUNTY, TEXAS, ANDREWS INDUSTRIAL FOUNDATION, AND ANDREWS CHAMBER OF COMMERCE v. SIERRA CLUB; from Andrews County; 8th Court of Appeals District (08-13-00003-CV, ___SW3d___, 12-06-13)
 
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

   
14-0536
JESUS RUBEN MOLINA v. ELIAS ALVARADO; from Upton County; 8th Court of Appeals District (08-13-00157-CV, 441 SW3d 578, 04-23-14)
 
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 renders 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:
14-0976
ERIC W. NORRIS v. TRIUMPH HOSPITAL OF EAST HOUSTON, L.P.; from Harris County; 14th Court of Appeals District (14-13-00431-CV, ___ SW3d ___, 06-12-14)
 
as redrafted
 
15-0057
BLANCA EMID PETTY v. JOHN KENT PETTY; from Wharton County; 13th Court of Appeals District (13-14-00051-CV, ___ SW3d ___, 10-30-14)
 
as amended
motion for reconsideration denied
motion for findings of fact and conclusions of law denied
 
15-0069
CLIFFORD FAIRFAX v. BRAD LIVINGSTON, ET AL.; from Anderson County; 12th Court of Appeals District (12-14-00233-CV, ___ SW3d ___, 08-27-14)
 
15-0070
ROBERT KARLSENG v. WELLS FARGO BANK, N.A.; from Dallas County; 5th Court of Appeals District (05-13-01734-CV, ___ SW3d ___, 12-19-14)
 
(Justice Johnson not sitting)
 
15-0163
SHERYL BUCHANAN v. COMPASS BANK; from Tarrant County; 2nd Court of Appeals District (02-14-00034-CV, ___ SW3d ___, 01-15-15)
 
15-0168
SIGN EFFECTS SIGN COMPANY, LLC v. SIGN WAREHOUSE.COM; from Grayson County; 5th Court of Appeals District (05-12-01301-CV, ___ SW3d ___, 01-30-15)
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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)
 
14-0968
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)
 
15-0009
IN THE INTEREST OF E.D.F. AND C.G.F., CHILDREN; from Terry County; 7th Court of Appeals District (07-12-00470-CV, ___ SW3d ___, 10-09-14)
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
15-0230
IN RE DAVID GLEN HARRIS; from Tarrant County; 2nd Court of Appeals District (02-15-00027-CV, ___ SW3d ___, 02-05-15)
 
15-0251
IN RE DELORIS PHILLIPS; from Dallas County; 5th Court of Appeals District (05-15-00244-CV)