Supreme Court

January 8, 2016 

Print-Friendly

Texas State Seal
THE SUPREME COURT OF TEXAS
Orders Pronounced January 8, 2016
 
ORDERS ON CAUSES
13-0961
OCCIDENTAL CHEMICAL CORPORATION v. JASON JENKINS; from Harris County; 1st Court of Appeals District (01-09-01140-CV, 415 SW3d 14, 07-02-13)
 
The Court reverses the court of appeals' judgment and renders judgment.

Justice Devine delivered the opinion of the Court.
13-0977
RAY FISCHER AND CORPORATE TAX MANAGEMENT, INC. v. CTMI, L.L.C., MARK BOOZER, AND JERROD RAYMOND; from Dallas County; 5th Court of Appeals District (05-11-00970-CV, ___ SW3d ___, 08-20-13)
 
The Court reverses the court of appeals' judgment and renders judgment.

Justice Boyd delivered the opinion of the Court.
14-0574
J&D TOWING, LLC v. AMERICAN ALTERNATIVE INSURANCE CORPORATION; from Walker County; 10th Court of Appeals District (10-13-00275-CV, 446 SW3d 41, 06-26-14)
 
The Court reverses the court of appeals' judgment and renders judgment.

Justice Willett delivered the opinion of the Court, in which Chief Justice Hecht, Justice Green, Justice Guzman, Justice Lehrmann, Justice Boyd, Justice Devine, and Justice Brown joined, and in Parts I, II.B, III.C, and IV of which Justice Johnson joined.
14-1015
ISABEL SLOAN v. LAW OFFICE OF OSCAR C. GONZALEZ, INC. AND OSCAR C. GONZALEZ; from Bexar County; 4th Court of Appeals District (04-13-00239-CV, 447 SW3d 98, 08-29-14)
 
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 remands the case to that court.

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

14-1041
EUGENE BLAIR, III v. ATLANTIC INDUSTRIAL, INC., A/K/A ATLANTIC SCAFFOLDING CO., AND FAUSTINO MURILLO; from El Paso County; 8th Court of Appeals District (08-12-00093-CV, 457 SW3d 511, 08-28-14)
 
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 remands the case to that court.

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:
15-0667
MIKOB PROPERTIES, INC., ALLAN KLEIN, AND MITCHELL KOBERNICK v. DAVID JOACHIM AND INTERNATIONAL REALTY CONCEPTS, INC.; from Dallas County; 5th Court of Appeals District (05-13-01613-CV, 468 SW3d 587, 05-19-15)
 
15-0722
ADOLFO VELA v. JOSE CAMPOS AND CATLIN SPECIALTY INS. CO.; from Cameron County; 13th Court of Appeals District (13-13-00475-CV, ___ SW3d ___, 04-16-15)
 
15-0760
JAMIE HARVEL & THE AUSTIN POLICE ASSOCIATION v. TEXAS DEPARTMENT OF INSURANCE AND COMMISSIONER ROD BORDELON, IN HIS OFFICIAL CAPACITY; from Travis County; 13th Court of Appeals District (13-14-00095-CV, ___ SW3d ___, 06-11-15)
 
15-0801
ERIC KNIPP AND LAURA KNIPP, INDIVIDUALLY AND AS NEXT FRIEND OF THE MINOR, J.H.K. v. JERRY A. POWELL., M.D.; from Dallas County; 5th Court of Appeals District (05-14-00781-CV, ___ SW3d ___, 08-06-15)
 
15-0812
FRANCIS W.S. CHAN v. J. SHELBY SHARPE, HENRY CHANG, KAREN CHANG & THE LAW OFFICES OF J. SHELBY SHARPE, A PROFESSIONAL CORPORATION; from Tarrant County; 2nd Court of Appeals District (02-14-00286-CV, ___ SW3d ___, 08-26-15)
 
15-0826
LIONELL BREAUX AND L.J. BREAUX, L.L.C. v. WEST TEXAS PETERBILT (LUBBOCK) INC. D/B/A TEXAS PETERBILT (ODESSA); from Ector County; 11th Court of Appeals District (11-13-00190-CV, ___ SW3d ___, 08-13-15)
 
15-0828
H. ROBERT ROSE AND GAYNELL ROSE v. NICHOLAS AND DORIS BONVINO; from Collin County; 5th Court of Appeals District (05-14-00702-CV, ___ SW3d ___, 08-11-15)
 
15-0830
MICHAEL ANDERSON v. THOMAS SNODDY; from Upshur County; 6th Court of Appeals District (06-14-00096-CV, ___ SW3d ___, 09-25-15)
 
15-0841
MIKE E. DEUBLER v. THE BANK OF NEW YORK MELLON AS SUCCESSOR TRUSTEE UNDER NOVASTAR MORTGAGE FUNDING TRUST 2005-1, AND SAXON MORTGAGE SERVICES, INC.; from Tarrant County; 7th Court of Appeals District (07-13-00221-CV, ___ SW3d ___, 06-15-15)
 
15-0855
THE CITY OF GEORGETOWN, TEXAS, ET AL. v. STEPHANIE HOSKINS BROWN; from Williamson County; 3rd Court of Appeals District (03-14-00231-CV, ___ SW3d ___, 09-22-15)
 
15-0869
HARVELLA JONES v. MARC D. MARKEL, CLAYTON R. HEARN, AMY M. VANHOOSE, DAWN S. HOLIDAY, CLINTON FAVER BROWN, AND ROBERTS MARKEL WEINBERG BUTLER HAILEY, PC AKA ROBERTS MARKEL WEINBERG PC AKA ROBERTS MARKEL PC; from Fort Bend County; 14th Court of Appeals District (14-14-00216-CV, ___ SW3d ___, 06-23-15)
 
15-0885
IN RE COMMITMENT OF KENNETH WAYNE TERRY; from Montgomery County; 9th Court of Appeals District (09-15-00053-CV, ___ SW3d ___, 09-10-15)
 
15-0887
IN RE COMMITMENT OF BRUCE LUNA; from Montgomery County; 9th Court of Appeals District (09-14-00444-CV, ___ SW3d ___. 10-15-15)
 
15-0890
IN THE INTEREST OF J.F.B., ET AL., CHILDREN; from Wilson County; 4th Court of Appeals District (04-15-00234-CV, ___ SW3d ___, 11-19-15)
 
15-0900
A.H. v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Kaufman County; 5th Court of Appeals District (05-15-00501-CV, ___ SW3d ___, 10-08-15)
THE FOLLOWING PETITION FOR REVIEW IS STRUCK PURSUANT TO TEXAS RULE OF APPELLATE PROCEDURE 9.4(i):
15-0936
IN THE INTEREST OF L.D.L.H. AND C.A.L., CHILDREN; from Bexar County; 4th Court of Appeals District (04-15-00146-CV, ___ SW3d ___, 10-28-15)
 

The Court strikes the petition for review with the following notation: "The petition violates Texas Rules of Appellate Procedure 5, 9.4(h), (j)-(k), and Misc. Docket No. 11-9152 - Electronic-Filing Rule 4(a) and is struck. Petitioner is ordered to redraw; the petition is due to be filed by January 19, 2016."
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
14-0763
THE HEIRS OF ANDRES GARCIA, FRANCESCA MENCHACA, AND CAROLINA ALLEN SAENZ v. ATLEE M. PARR, RANCH ENTERPRISES LLC, LOS ORCONES RANCH LTD. AND LOS ORCONES RANCH MANAGEMENT LLC; from Duval County; 4th Court of Appeals District (04-12-00767-CV, ___ SW3d ___, 08-13-14)
 
15-0016
JIMMY GLEN RIEMER, ET AL. v. THE STATE OF TEXAS, ET AL.; from Hutchinson County; 7th Court of Appeals District (07-10-00037-CV, 452 SW3d 491, 11-26-14)
 
15-0043
WUXI TAIHU TRACTOR COMPANY, LTD. v. THE YORK GROUP, INC.; from Harris County; 1st Court of Appeals District (01-13-00016-CV, ___ SW3d ___, 12-02-14)
 
15-0131
FOREX CAPITAL MARKETS, LLC v. KELLY M. CRAWFORD, RECEIVER; from Collin County; 5th Court of Appeals District (05-14-00341-CV, ___ SW3d ___, 12-31-14)
 
15-0224
WILLIAM CULLEN CHAMPION v. MARILYN ESTLOW; from Travis County; 3rd Court of Appeals District (03-14-00016-CV, 456 SW3d 363, 02-04-15)
 
15-0389
KRISTA LYNNE GARDNER, INDEPENDENT EXECUTRIX OF THE ESTATE OF LARRY RAY TINER v. PENNY HEDDIN TINER; from Wood County; 6th Court of Appeals District (06-14-00062-CV, ___ SW3d ___, 03-17-15)
 
15-0543
WEIZHONG ZHENG v. VACATION NETWORK, INC. AND LINH C. DINH JOINTLY AND SEVERALLY; from Harris County; 14th Court of Appeals District (14-13-01136-CV, 468 SW3d 180, 05-28-15)
 
15-0617
GREG PERKINS AND JESSICA PERKINS v. D&J REAL ESTATE SERVICES, INC. D/B/A RE/MAX PREMIER GROUP AND STELLA BITNER; from Collin County; 5th Court of Appeals District (05-13-01670-CV, ___ SW3d ___, 06-04-15)
 
15-0659
WAHID YAMMINE, INDIVIDUALLY AND D/B/A YAM YAM TRADING v. HDH FINANCIAL, LLC; from Tarrant County; 7th Court of Appeals District (07-14-00169-CV, ___ SW3d ___, 06-12-15)
 
15-0715
IN THE INTEREST OF A.T., AT., X.T., M.T., AND F.T., CHILDREN; from Bexar County; 4th Court of Appeals District (04-15-00121-CV, ___ SW3d ___, 08-05-15)
 
15-0765
LEE ANN CHOLOPISA v. ROY WILLIAM CHOLOPISA; from Limestone County; 13th Court of Appeals District (13-14-00042-CV, ___ SW3d ___, 06-04-15)
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
15-0128
IN RE FOREX CAPITAL MARKETS, LLC.; from Collin County; 5th Court of Appeals District (05-14-00341-CV, ___ SW3d ___, 12-31-14)
 
15-0665
IN RE B.U.; from Denton County; 2nd Court of Appeals District (02-15-00246-CV, ___ SW3d ___, 07-31-15)
THE MOTION FOR REHEARING IN THE FOLLOWING PETITION FOR REVIEW IS STRUCK:
15-0129
BALTASAR D. CRUZ v. JAMES VAN SICKLE, KARL-THOMAS MUSSELMAN D/B/A BURNT ORANGE REPORT AND KATHERINE HAENSCHEN; from Dallas County; 5th Court of Appeals District (05-13-00191-CV, 452 SW3d 503, 12-03-14)
 
emergency motion for leave to file motion for rehearing in excess of word count limit, denied

The Court strikes the motion for rehearing with the following notations: "The motion violates Texas Rules of Appellate Procedure 9.4(i)(2)(D) and is struck. Petitioner is ordered to redraw; the redrawn rehearing is due to be filed by January 19, 2016."
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
15-0771
IN RE TED LAWRENCE ROBERTSON; from Harris County; 14th Court of Appeals District (14-15-00603-CV, ___ SW3d ___, 07-21-15)
 
relator's motion for court to rule on mandamus, dismissed as moot
 
15-0846
IN RE TRACEY MURPHY; from Bee County; 13th Court of Appeals District (13-13-00480-CV, ___ SW3d ___, 07-30-15)
 
15-0850
IN RE EDWARD R. NEWSOME; from Harris County; 14th Court of Appeals District (14-14-00119-CV, ___ SW3d ___, 02-13-14)
 
15-0866
IN RE EDWARD R. NEWSOME; from Harris County; 1st Court of Appeals District (01-14-00012-CV, ___ SW3d ___, 02-11-14)
 
15-0941
IN RE KEVIN ALAIMO; from Denton County; 2nd Court of Appeals District (02-15-00321-CV, ___ SW3d ___, 11-12-15)
 
relator's emergency motion to stay denied
STAY ORDERS ARE ISSUED IN THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS:
15-0903
IN RE STATE FARM LLOYDS; from Hidalgo County; 13th Court of Appeals District (13-14-00616-CV, ___ SW3d ___, 10-28-15)
 
relator's motion for stay granted
stay order issued
response requested due by January 25, 2016
 
[Note: The petition for writ of mandamus remains pending before this Court.]
 
15-0905
IN RE STATE FARM LLOYDS; from Hidalgo County; 13th Court of Appeals District (13-14-00651-CV, ___ SW3d ___, 10-28-15)
 
relator's motion for stay granted, as amended
stay order issued
response requested due by January 25, 2016
 
[Note: The petition for writ of mandamus remains pending before this Court.]
 
15-1007
IN RE RED DOT BUILDING SYSTEM, INC.; from Hidalgo County; 13th Court of Appeals District (13-15-00608-CV, ___ SW3d ___, 12-29-15)
 
real party in interest's emergency motion to stay granted
stay order issued
 
[Note: The petition for writ of mandamus remains pending before this Court.]