Supreme Court

January 22, 2016 

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Texas State Seal
THE SUPREME COURT OF TEXAS
Orders Pronounced January 22, 2016
 
ORDERS ON CAUSES
THE MOTION FOR REHEARING OF THE FOLLOWING CAUSE IS DENIED:
14-0465
MCGINNES INDUSTRIAL MAINTENANCE CORPORATION v. THE PHOENIX INSURANCE COMPANY AND THE TRAVELERS INDEMNITY COMPANY (U.S. 5th Circuit 13-20360)
ORDERS ON CASES GRANTED
THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
14-0743
SOUTHWEST ROYALTIES, INC. v. GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS, AND KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS; from Travis County; 3rd Court of Appeals District (03-12-00511-CV, ___SW3d___, 08-13-14)
 
[Note: This case has been set for oral argument at 9:00 a.m., March 8, 2016.]
Time allotted to argue: 20/20 minutes
   
 
14-1022
TEXAS STATE BOARD OF PHARMACY, GAY DODSON, EXECUTIVE DIRECTOR, AND JEANNE D. WAGGENER, PRESIDENT OF THE BOARD, IN THEIR OFFICIAL CAPACITIES v. TIANA JEAN WITCHER; from Travis County; 3rd Court of Appeals District (03-12-00560-CV, 447 SW3d 520, 10-31-14)
 
[Note: This case has been set for oral argument at 9:00 a.m., March 9, 2016.]
Time allotted to argue: 20/20 minutes
 
15-0025
TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS’ COMPENSATION v. BONNIE JONES AND AMERICAN HOME ASSURANCE COMPANY; from Dallas County; 5th Court of Appeals District (05-13-01353-CV, ___ SW3d ___, 11-06-14)
 
[Note: Oral argument of this case will be conducted on Wednesday, March 30, 2016 at 9:00 a.m. at Baylor Law School in Waco, Texas. See TEX. CONST. ART. V., § 3(a).]
Time allotted to argue: 20/20 minutes
 
15-0049
CROSSTEX NORTH TEXAS PIPELINE, L.P., N/K/A ENLINK NORTH TEXAS PIPELINE, LP v. ANDREW GARDINER AND SHANNON GARDINER; from Denton County; 2nd Court of Appeals District (02-12-00182-CV, 451 SW3d 150, 11-13-14)
 
2 petitions
 
[Note: This case has been set for oral argument at 9:00 a.m., March 8, 2016.]
Time allotted to argue: 20/20 minutes
 
15-0106
TOWN OF LAKEWOOD VILLAGE v. HARRY BIZIOS; from Denton County; 2nd Court of Appeals District (02-14-00143-CV, 453 SW3d 598, 12-31-14)
 
[Note: This case has been set for oral argument at 9:00 a.m., March 8, 2016.]
Time allotted to argue: 20/20 minutes
 
(Justice Johnson not sitting)
 
15-0387
BRENTON M. STANFIELD, THOMAS P. STONE, STONE & ASSOCIATES, LLP, JIMMY VAN KNIGHTON, II v. JON T. NEUBAUM AND BARBARA NEUBAUM; from Montgomery County; 14th Court of Appeals District (14-13-00943-CV, 465 SW3d 266, 04-09-15)
 
[Note: Oral argument of this case will be conducted on Wednesday, March 30, 2016 at 9:00 a.m. at Baylor Law School in Waco, Texas. See TEX. CONST. ART. V., § 3(a).]
Time allotted to argue: 20/20 minutes
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
14-0305
SOUTH TEXAS COLLEGE OF LAW v. KBR, INC.; from Harris County; 1st Court of Appeals District (01-12-00864-CV, 433 SW3d 86, 03-13-14)
 
(Justice Guzman not sitting)
 
14-0702
GIOVANNI HOMES CORPORATION v. ONCOR ELECTRIC DELIVERY COMPANY LLC; from Tarrant County; 2nd Court of Appeals District (02-11-00237-CV, 438 SW3d 644, 04-03-14)
 
14-1021
THE STATE OF TEXAS v. RODGER A. JOHNSON, ET AL.; from Dallas County; 5th Court of Appeals District (05-11-01622-CV, 444 SW3d 62, 08-06-14)
 
14-1052
TOWN OF ANNETTA SOUTH, GERHARD KLEINSCHMIDT, JAMES ABLOWICH, PHILLIP KUNTZ AND DAVID GOOLSBY v. SEADRIFT DEVELOPMENT, L.P.; from Parker County; 2nd Court of Appeals District (02-12-00171-CV, 446 SW3d 823, 09-25-14)
 
2 petitions
 
15-0034
MASOUD KAHROBAIE, EBRAHIM KAHROBAIE, AND JOSEPH KAHROBAIE A/K/A YUSEF KAHROBEE v. WILSHIRE STATE BANK; from Dallas County; 5th Court of Appeals District (05-13-01233-CV, ___ SW3d ___, 10-30-14)
 
15-0149
GOOD SHEPHERD MEDICAL CENTER v. CAROLYN WATSON; from Gregg County; 6th Court of Appeals District (06-14-00025-CV, 456 SW3d 585, 01-15-15)
 
15-0239
DEL MAR COLLEGE v. BRUCE OLSEN; from Nueces County; 13th Court of Appeals District (13-13-00029-CV, ___ SW3d ___, 11-20-14)
 
15-0340
LA MADELEINE OF TEXAS, INC. AND LUIS BLAS v. FATIMA DOLORES RODAS; from Dallas County; 5th Court of Appeals District (05-14-00054-CV, ___ SW3d ___, 04-10-15)
 
15-0366
BRENDA MACKEY AS REPRESENTATIVE OF THE ESTATE OF VIOLET CHILDS, DECEASED v. MIDLAND-ODESSA TRANSIT D/B/A EZ RIDER; from Midland County; 11th Court of Appeals District (11-13-00083-CV, ___ SW3d ___ , 03-31-15)
 
15-0412
LEONARDO QUINTERO, JR. v. THE METHODIST HOSPITAL; PATRICIA CHEVEZ-BARRIOS, M.D.; MARY SCHWARTZ, M.D.; AND TMH PHYSICIAN ORGANIZATION; from Harris County; 1st Court of Appeals District (01-14-00448-CV, ___ SW3d ___ 02-26-15)
 
15-0435
TEXAS FARM BUREAU CASUALTY INSURANCE COMPANY v. BRITTNI SAMPLEY; from Randall County; 7th Court of Appeals District (07-13-00151-CV, ___ SW3d ___ , 05-26-15)
 
15-0495
NOOROLLAH MERRIKH AND ZARINE MOTLAGH v. JAMILEH MERRIKH; from Harris County; 14th Court of Appeals District (14-14-00024-CV, ___ SW3d ___, 05-19-15)
 
15-0504
ARBOR WINDSOR COURT, LTD. v. WEEKLEY HOMES, L.P.; from Harris County; 14th Court of Appeals District (14-13-00480-CV, 463 SW3d 131, 03-17-15)
 
15-0507
BANCO POPULAR NORTH AMERICA v. AMERICAN FUND US INVESTMENTS LP; from Dallas County; 5th Court of Appeals District (05-14-00368-CV, ___ SW3d ___, 04-17-15)
 
15-0550
TITAN LAND DEVELOPMENT, INC. AND BAUER-HOCKLEY 550, LP v. THE STATE OF TEXAS; from Harris County; 1st Court of Appeals District (01-14-00899-CV, 468 SW3d 705, 06-11-15)
 
15-0655
CITY OF RIO HONDO, TEXAS v. PARTNERS DEWATERING INTERNATIONAL, L.C.; from Cameron County; 13th Court of Appeals District (13-13-00340-CV, ___ SW3d ___, 06-11-15)
 
15-0684
CAROLYN NORTHCUTT, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JAMES H. BELL v. CITY OF HEARNE; from Robertson County; 10th Court of Appeals District (10-14-00012-CV, ___ SW3d ___, 07-30-15)
 
15-0707
TRACEY MURPHY #835047 v. CANDICE MOORE, ET AL.; from Bee County; 13th Court of Appeals District (13-13-00480-CV, ___ SW3d ___, 07-30-15)
 
15-0738
ELI SASSON v. ANDREW SCHATTE; MICHAEL SURFACE; TOWN & COUNTRY VENTURES, LLC; TOWN & COUNTRY VENTURES II, INC.; THE KEYSTONE GROUP, INC. F/K/A TOWN & COUNTRY VENTURES, INC.; HC 5815, LLC; DAVID BLUMHARDT AND GERALD EVERSOLE; from Harris County; 1st Court of Appeals District (01-14-00633-CV, ___ SW3d ___, 04-30-15)
 
15-0797
FORT RINGGOLD LIMITED, PETE DIAZ III, AARON DIAZ AND MONICA AGUILLON v. SMITH-REAGAN & ASSOCIATES, INC., D/B/A SMITH-REAGAN INSURANCE AGENCY; from Starr County; 4th Court of Appeals District (04-13-00608-CV, ___ SW3d ___, 03-11-15)
 
15-0822
HAL CREWS AND DEBRA LEITCH v. DKASI CORPORATIONS, DEBRA H. HOLLEY, DAVID HOLLEY, AND ASI GYMNASTICS, INC.; from Dallas County; 5th Court of Appeals District (05-14-00544-CV, 469 SW3d 194, 04-21-15)
 
15-0834
GREGORY G. GRAZE AND CYNTHIA A. CRIDDLE v. NATIONSTAR MORTGAGE, L.L.C.; from Travis County; 3rd Court of Appeals District (03-15-00329-CV, ___ SW3d ___, 10-21-15)
 
15-0888
IN THE ESTATE OF RAUL HUMBERTO AYALA, SR., DECEASED; from Harris County; 14th Court of Appeals District (14-14-00324-CV, ___ SW3d ___, 08-18-15)
 
15-0929
IN THE INTEREST OF N.E., A CHILD; from Dallas County; 5th Court of Appeals District (05-15-00361-CV, ___ SW3d ___, 09-08-15)
 
15-0934
ANA MARIA GONZALEZ SALAIS, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF RUBEN GONZALEZ, DECEASED v. TEXAS DEPARTMENT OF AGING & DISABILITY SERVICES; from Limestone County; 10th Court of Appeals District (10-14-00152-CV, ___ SW3d ___, 11-05-15)
 
15-0956
JOHN DOE v. BOARD OF DIRECTORS OF THE STATE BAR OF TEXAS, COMMISSION FOR LAWYER DISCIPLINE, AND LINDA ACEVEDO, IN HER OFFICIAL CAPACITY AS THE CHIEF DISCIPLINARY COUNSEL OF THE STATE BAR OF TEXAS; from Travis County; 3rd Court of Appeals District (03-15-00007-CV, ___ SW3d ___ , 10-27-15)
THE FOLLOWING PETITIONS FOR REVIEW ARE DISMISSED FOR WANT OF JURISDICTION:
15-0720
JOHNNY PARTAIN v. THE ESTATE OF JAMES HAROLD MAPLES; from Hidalgo County; 13th Court of Appeals District (13-14-00584-CV, ___ SW3d ___, 06-25-15)
 
See TEX. GOV’T CODE § 22.225(b)(1)
 
15-0754
FRITZ MANAGEMENT, LLC v. HUGE AMERICAN REAL ESTATE, INC.; from Dallas County; 5th Court of Appeals District (05-14-00681-CV, ___ SW3d ___, 06-30-15)
 
See TEX. GOV’T CODE § 22.225(b)(1)
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
14-0791
SEARCY FERGUSON AND THE ESTATE OF MARGARET MILLER v. THE PLAZA HEALTH SERVICES AT EDGEMERE; from Dallas County; 5th Court of Appeals District (05-12-01399-CV, ___ SW3d ___, 07-10-14)
 
14-0944
THE PRUDENTIAL INSURANCE COMPANY OF AMERICA AND PRUCO LIFE INSURANCE COMPANY v. IRASEMA SAGARNAGA DURANTE; from El Paso County; 8th Court of Appeals District (08-12-00077-CV, 443 SW3d 499, 08-29-14)
 
14-1029
JEFFERSON COUNTY, TEXAS v. DONNA DAVIS; from Jefferson County; 14th Court of Appeals District (14-13-00663-CV, ___ SW3d ___, 08-28-14)
 
15-0579
KAREN MISKO AND MISKO QUARTER HORSES, LLC v. JANE MCCURLEY BACKES D/B/A BACKES QUARTER HORSES; from Collin County; 5th Court of Appeals District (05-14-00566-CV, ___ SW3d ___, 03-13-15)
 
15-0693
STEFAN KONASIEWICZ, M.D. v. DARLENE GARZA; from Nueces County; 13th Court of Appeals District (13-15-00058-CV, ___ SW3d ___, 07-30-15)
 
15-0694
STEFAN KONASIEWICZ, M.D. v. JUAN GARZA; from Nueces County; 13th Court of Appeals District (13-15-00060-CV, ___ SW3d ___, 07-30-15)
 
15-0695
STEFAN KONASIEWICZ, M.D. v. PEDRO LOMAS; from Nueces County; 13th Court of Appeals District (13-15-00062-CV, ___ SW3d ___, 07-30-15)
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
15-0829
IN RE GEORGE A. MOLINAR; from El Paso County; 8th Court of Appeals District (08-14-00299-CV)
 
motion to amend dismissed as moot
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
15-0406
IN RE BRIDGETTE MASSEY; from Grimes County; 1st Court of Appeals District (01-14-00903-CV, ___ SW3d ___, 01-15-15)
 
15-0432
IN RE REVEREND WILLIAM RICE; from Bexar County; 4th Court of Appeals District (04-15-00343-CV, ___ SW3d ___, 06-05-15)
 
15-0674
IN RE FORUM STUDIO, INC. AND CLAYCO, INC.; from Dallas County; 5th Court of Appeals District (05-15-00540-CV, ___ SW3d ___, 06-24-15)
 
15-0899
IN RE KHISTINA CALDWELL DEJEAN; from Harris County; 14th Court of Appeals District (14-15-00852-CV, ___ SW3d ___, 10-20-15)
 
15-0961
IN RE ANTHONY PASSEUR; from Williamson County; 3rd Court of Appeals District (03-14-00694-CV)
 
stay order issued December 15, 2015, lifted
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED:
14-0749
IN RE JOHN REEDER; from Kaufman County; 5th Court of Appeals District (05-14-01126-CV, ___ SW3d ___, 09-12-14)
 
agreed motion to dismiss mandamus proceeding with prejudice, granted
abatement order issued December 4, 2015, lifted
A STAY IS ISSUED IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS:
16-0009
IN RE CITY OF ROSENBERG; from Fort Bend County; 14th Court of Appeals District (14-15-00823-CV, ___ SW3d ___, 10-13-15)
 
emergency motion for temporary relief granted
stay order issued
response requested due by February 8, 2016
 
[Note: The petition for writ of mandamus remains pending before this Court.]