Supreme Court

June 14, 2019 

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Texas State Seal
THE SUPREME COURT OF TEXAS
Orders Pronounced June 14, 2019
 
ORDERS ON CAUSES
16-0966
THOMAS A. LALONDE, JR., P.E., INDIVIDUALLY AND D/B/A LEE ENGINEERING CO., LEE ENGINEERING CO., STANLEY HAROLD PRATHER AND PRATHER ENGINEERING CONSULTANTS, INC. v. PAUL GOSNELL AND KIM GOSNELL; from Denton County; 2nd Court of Appeals District (02-15-00250-CV, 559 SW3d 559, 08-31-16)
 
The Court affirms the court of appeals' judgment and remands the case to the trial court.

Justice Guzman delivered the opinion of the Court, in which Justice Green, Justice Lehrmann, Justice Devine, Justice Brown, and Justice Busby joined.

Justice Boyd delivered a dissenting opinion, in which Chief Justice Hecht and Justice Blacklock joined.
18-0329
JOY WORSDALE, INDIVIDUALLY AND AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF SCOTT WORSDALE, ET AL. v. THE CITY OF KILLEEN, TEXAS; from Bell County; 3rd Court of Appeals District (03-17-00640-CV, 567 SW3d 377, 02-28-18)
 
The Court reverses the court of appeals' judgment and remands the case to the trial court.

Justice Guzman delivered the opinion of the Court, in which Chief Justice Hecht, Justice Green, Justice Lehrmann, Justice Devine, Justice Brown, and Justice Busby joined.

Justice Boyd delivered a concurring opinion, in which Justice Blacklock joined.
18-0443
IN RE GEOMET RECYCLING LLC, RICHARD GOLDBERG, KENNETH GOLDBERG, JOSH APPLEBAUM, ALICIA MCKINNEY, ELOISA MEDINA, LEE WAKSER, SPENCER LIEMAN, MIKEL SHECHT, LAURA MYERS, HENRY JACKSON, AND KELLY COUCH; from Dallas County; 5th Court of Appeals District (05-18-00261-CV)
 
The Court conditionally grants the writ of mandamus.

Justice Blacklock delivered the opinion of the Court.
THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:
17-0058
LARRY EDDINGTON, VINCENT J. AURENTZ, AND WILLIAM J. BUTLER v. DALLAS POLICE AND FIRE PENSION SYSTEM AND WILLIAM F. QUINN, IN HIS OFFICIAL CAPACITY AS BOARD CHAIR; from Dallas County; 5th Court of Appeals District (05-15-00839-CV, 508 SW3d 774, 12-13-16)
 
(Justice Guzman and Justice Brown not sitting)
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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 January 30, 2015, lifted
petition reinstated
 
17-0474
JENNIFER FRAME, GREG GRIFFITH, CHERYL BURRIS, AND DIANA PULIDO v. CITY OF AUSTIN; from Travis County; 3rd Court of Appeals District (03-15-00292-CV, ___ SW3d ___, 05-05-17)
 
17-0926
EP ENERGY E&P COMPANY, L.P. F/K/A EL PASO E&P COMPANY, L.P. v. FAIRFIELD INDUSTRIES, INC. D/B/A FAIRFIELDNODAL; from Harris County; 14th Court of Appeals District (14-15-00586-CV, 531 SW3d 234, 07-06-17)
 
18-0076
DLA PIPER LLP (US) v. CHRIS LINEGAR; from Travis County; 11th Court of Appeals District (11-12-00201-CV, 539 SW3d 512, 12-21-17)
 
18-0232
IN THE INTEREST OF G.V., III AND G.V., CHILDREN; from Tarrant County; 2nd Court of Appeals District (02-17-00220-CV, 543 SW3d 342, 12-18-17)
 
18-0285
RICHARD FORD AND RAQUEL GONZALES, AS WRONGFUL DEATH BENEFICIARIES OF DESIREE FORD, DECEASED v. MICHAEL V. KELLY, II, M.D., COMPOUNDING PLUS LLC D/B/A DIAMOND PHARMACY, TAMARA MITCHELL, JOYCE JAMES, R.PH., CHRISTIAN SCHWALM, AND DIAMOND PHARMACY, LLC; from Harris County; 14th Court of Appeals District (14-17-00180-CV; 14-17-00226-CV; 14-17-00497-CV, 543 SW3d 383, 01-30-18)
 
(Justice Busby not sitting)
 
18-0455
PROGRESO INDEPENDENT SCHOOL DISTRICT v. MICHAEL MORATH, IN HIS OFFICIAL CAPACITY AS TEXAS COMMISSIONER OF EDUCATION; AND MICHAEL BERRY, IN HIS OFFICIAL CAPACITY AS DEPUTY COMMISSIONER OF EDUCATION; from Travis County; 3rd Court of Appeals District (03-16-00254-CV, ___ SW3d ___, 12-07-17)
 
18-0465
ETHELVINA I. FELAN v. MAVERICK COUNTY, ET AL.; from Maverick County; 4th Court of Appeals District (04-17-00393-CV, 551 SW3d 229, 04-11-18)
 
18-0473
LAURA PERILLA-VARGAS v. BAYLOR COLLEGE OF MEDICINE, SHAFEEQ SHEIKH, M.D.; from Harris County; 1st Court of Appeals District (01-17-00018-CV, ___ SW3d ___, 04-10-18)
 
18-0505
IN THE MATTER OF R.S.; from Tom Green County; 3rd Court of Appeals District (03-17-00557-CV, ___ SW3d ___, 04-19-18)
 
18-0580
MICHAEL QUINN SULLIVAN v. TEXAS ETHICS COMMISSION; from Travis County; 3rd Court of Appeals District (03-17-00392-CV, 551 SW3d 848, 05-17-18)
 
18-0647
NTS COMMUNICATIONS, 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 (03-16-00771-CV, ___ SW3d ___, 06-07-18)
 
18-0717
TRUCK INSURANCE EXCHANGE AND TEAM HEALTH, INC. v. MARCUS HERNANDEZ AND DIANE HERNANDEZ; from Tarrant County; 2nd Court of Appeals District (02-17-00046-CV, 553 SW3d 689, 06-21-18)
 
2 petitions
 
18-0757
KEVIN TAYLOR AND MICHELLE TAYLOR, INDIVIDUALLY AND AS SOLE HEIRS ON BEHALF OF THE ESTATE OF CHRISTIAN AMADEUS TAYLOR v. TEXAS A&M UNIVERSITY; from Brazos County; 10th Court of Appeals District (10-17-00288-CV, ___ SW3d ___, 07-03-18)
 
18-0950
LEE LAVERNE TABLER v. MOMENTUM ENGINEERING, LLC; from Harris County; 14th Court of Appeals District (14-18-00002-CV, ___ SW3d ___, 08-23-18)
 
(Justice Busby not sitting)
 
18-0955
IN THE INTEREST OF J.E.P., A CHILD; from Dallas County; 5th Court of Appeals District (05-17-00095-CV, ___ SW3d ___, 08-20-18)
 
18-1015
JOE MURPHY, YORAM BEN AMRAM AND GALTEX DEVELOPMENT, LLC v. THE CITY OF GALVESTON TEXAS; from Galveston County; 14th Court of Appeals District (14-17-00063-CV, 557 SW3d 235, 06-05-18)
 
(Justice Busby not sitting)
 
18-1030
IN THE MATTER OF THE EXPUNCTION OF V.H.B.; from El Paso County; 8th Court of Appeals District (08-16-00224-CV, ___ SW3d ___, 09-28-18)
 
18-1039
CINTHYA ANGELES v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Travis County; 3rd Court of Appeals District (03-18-00034-CV, ___ SW3d ___, 09-19-18)
 
18-1043
STACEY R. HAMMER v. RICHARD HAMMER; from Travis County; 3rd Court of Appeals District (03-18-00028-CV, ___ SW3d ___, 09-18-18)
 
18-1058
LEANNA MARIA MUGFORD v. JAMES ROBERT MUGFORD; from Galveston County; 14th Court of Appeals District (14-16-00436-CV, ___ SW3d ___, 05-22-18)
 
(Justice Busby not sitting)
 
18-1062
DAVID LAWRENCE "LARRY" GLASS , LACY CREEK RANCHES, LLC, AND GLASS PROPERTIES, LTD. v. FRANK GLASS FAMILY PARTNERSHIP, LTD., FRANK GLASS, AND CAROL A. STROTHER; from Glasscock County; 11th Court of Appeals District (11-16-00047-CV, ___ SW3d ___, 08-30-18)
 
18-1073
BENJAMIN S. EMMONS AND SOURCE CAPITAL, LLC v. CITY OF WHITE SETTLEMENT, TEXAS AND WHITE SETTLEMENT ECONOMIC DEVELOPMENT CORPORATION; from Tarrant County; 2nd Court of Appeals District (02-17-00358-CV, ___ SW3d ___, 09-27-18)
 
18-1101
MICHAEL MCDOUGAL AND MCDOUGAL 2012, INC. v. DELBERT AND CAROLYN MCDOUGAL AND D. MARC MCDOUGAL AND THE MCDOUGAL TRUST; from Lubbock County; 7th Court of Appeals District (07-16-00422-CV, ___ SW3d ___, 10-10-18)
 
18-1117
IN THE MATTER OF THE ESTATE OF VAUGHN KUYAMJIAN, A/K/A VAHAN KUYAMJIAN; from Hays County; 3rd Court of Appeals District (03-18-00257-CV, ___ SW3d ___, 08-08-18)
 
18-1124
BERIT MCMILLAN AND GERALD MCMILLAN v. TALLY TWO INVESTMENT GROUP, LLC; from Travis County; 3rd Court of Appeals District (03-18-00040-CV, ___ SW3d ___, 08-14-18)
 
18-1133
IN THE INTEREST OF K.K.W., A MINOR CHILD; from Dallas County; 5th Court of Appeals District (05-16-00795-CV, ___ SW3d ___, 08-20-18)
 
18-1135
BENJAMIN JOSEPH GUTIÉRREZ v. THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION; from Travis County; 3rd Court of Appeals District (03-16-00748-CV, ___ SW3d ___, 06-14-18)
 
18-1147
ASMA SAID v. SUGAR CREEK COUNTRY CLUB, INC.; from Harris County; 14th Court of Appeals District (14-17-00079-CV, ___ SW3d ___, 08-31-18)
 
(Justice Busby not sitting)
 
18-1154
DOW JONES & COMPANY, INC. v. HIGHLAND CAPITAL MANAGEMENT, L.P., AND PATRICK DAUGHERTY; from Dallas County; 5th Court of Appeals District (05-17-00770-CV, 564 SW3d 852, 11-02-18)
 
18-1195
SUBHASH C. BATRA, M.D. v. COVENANT HEALTH SYSTEM D/B/A COVENANT MEDICAL CENTER/COVENANT MEDICAL CENTER-LAKESIDE; from Lubbock County; 7th Court of Appeals District (07-18-00012-CV, 562 SW3d 696, 10-09-18)
 
as redrafted
 
18-1229
TEXAS BRANDON CORPORATION, INC. v. EOG RESOURCES, INC., KARHUHN OIL, ROBERT E. BRANDT, JOACHIM K. LEICHT, DICK A. TRACEY, CHAD E. BRANDT, ALICAT ENERGY L.L.C. AND FRED LEVINE; from Karnes County; 4th Court of Appeals District (04-18-00708-CV, ___ SW3d ___, 11-21-18)
 
as redrafted
 
19-0090
IN THE INTEREST OF J.D.G AKA J.G., JR., A.E G.J. AKA A.G.; from Harris County; 1st Court of Appeals District (01-18-00578-CV, 570 SW3d 839, 12-11-18)
 
19-0098
HARLANDALE INDEPENDENT SCHOOL DISTRICT v. JASMINE ENGINEERING, INC.; from Bexar County; 4th Court of Appeals District (04-18-00388-CV, ___ SW3d ___, 10-31-18)
 
19-0194
JAVIER MORA v. ANNA MORA; from Bexar County; 4th Court of Appeals District (04-17-00428-CV, ___ SW3d ___, 10-10-18)
 
19-0197
ELDO E. FREZZA, M.D. v. MELISSA FLORES; from Webb County; 4th Court of Appeals District (04-18-00040-CV, 567 SW3d 417, 11-21-18)
 
   
 
19-0248
IN THE INTEREST OF A.T.W. JR., CHILD; from Harris County; 1st Court of Appeals District (01-18-00720-CV, ___ SW3d ___, 01-29-18)
 
19-0262
JAMIE ISAAC v. UNIVERSITY OF TEXAS AT EL PASO; from El Paso County; 8th Court of Appeals District (08-16-00268-CV, 568 SW3d 175, 09-19-18)
 
19-0271
IN THE INTEREST OF K.F., R.F., AND T.F., CHILDREN; from Tarrant County; 2nd Court of Appeals District (02-18-00187-CV, ___ SW3d ___, 12-27-18)
 
19-0272
IN THE INTEREST OF S.A.M., ET AL; from Bexar County; 4th Court of Appeals District (04-18-00607-CV, ___ SW3d ___, 02-13-19)
 
19-0293
ESTATE OF JOHN DAVID HARRIS, DECEASED; from Tarrant County; 2nd Court of Appeals District (02-18-00414-CV, ___ SW3d ___, 02-28-19)
 
19-0302
IN THE INTEREST OF D.M.M., A CHILD; from Harris County; 14th Court of Appeals District (14-18-00750-CV, ___ SW3d ___, 02-12-19)
 
19-0310
IN THE INTEREST OF D.J., A CHILD; from Potter County; 7th Court of Appeals District (07-18-00386-CV, ___ SW3d ___, 02-26-19)
 
19-0318
IN THE INTEREST A.N.J. AND K.M.J., CHILDREN; from Bexar County; 4th Court of Appeals District (04-18-00728-CV, ___ SW3d ___, 04-03-19)
 
19-0396
IN RE COMMITMENT OF JOHN WAYNE HICKS; from Hardin County; 9th Court of Appeals District (09-17-00186-CV, ___ SW3d ___, 03-07-19)
 
19-0449
INTEREST OF I.S., A CHILD; from Guadalupe County; 4th Court of Appeals District (04-18-00990-CV, ___ SW3d ___, 04-03-19)
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
19-0129
IN THE INTEREST OF K.L.P. AND K.M.R.N. AKA K.M.N., CHILDREN; from Harris County; 14th Court of Appeals District (14-18-00582-CV, ___ SW3d ___, 12-20-18)
 
19-0158
ALI YAZDCHI v. MAKANSAM INC. D/B/A IDEAL TOWING, OAKS CONDOMINIUM ASSC., AREA 5 VEHICLE STORAGE; from Harris County; 1st Court of Appeals District (01-17-00455-CV, ___ SW3d ___, 12-04-18)
 
19-0226
MADELEINE CONNOR v. MARC STEPHENSON, CLAUDE SMITH, DOUGLAS HOOKS, AND MEGAN MARRS; from Travis County; 3rd Court of Appeals District (03-18-00750-CV, ___ SW3d ___, 12-28-18)
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
18-0383
IN RE EMMA PEREZ TREVINO, CARLOS SANCHEZ, MARCI CALTABIANO-PONCE, VALLEY MORNING STAR, THE MCALLEN MONITOR, AND AIM MEDIA TEXAS, LLC; from Hidalgo County; 13th Court of Appeals District (13-18-00080-CV, ___ SW3d ___, 04-11-18)
 
18-0693
IN RE DAVID FREDERICK CARY
 
19-0188
IN RE JUAN GUERRA AND JUAN DELTORO; from Dallas County; 5th Court of Appeals District (05-18-01037-CV, ___ SW3d ___, 12-12-18)
 
19-0193
IN RE ASHLEY SCOTT ECHOLS; from Dallas County; 5th Court of Appeals District (05-18-01226-CV, 569 SW3d 776, 12-19-18)
 
19-0298
IN RE FORD MOTOR COMPANY; from Nueces County; 13th Court of Appeals District (13-19-00083-CV, ___ SW3d ___, 04-01-19)
 
relator's emergency motion for stay denied
 
19-0345
IN RE GARY WAYNE WARNER; from Dallas County; 5th Court of Appeals District (05-18-00855-CV, ___ SW3d ___, 08-06-18)
 
19-0372
IN RE JIMMIE LUECKE CHILDREN PARTNERSHIP, LTD. AND JIMMIE LUECKE CHILDREN PARTNERSHIP, LTD. II; from Lee County; 3rd Court of Appeals District (03-18-00553-CV, 569 SW3d 313, 02-20-19)
 
19-0380
IN RE YAKOV ELMAKISS; from Smith County; 12th Court of Appeals District
 
19-0436
IN RE BRUINGTON ENGINEERING LTD., SCHLUMBERGER TECHNOLOGY CORP., SCHLUMBERGER SERVICES INC., AND SCHLUMBERGER LIMITED; from Zapata County; 4th Court of Appeals District (04-19-00181-CV, ___ SW3d ___, 05-15-19)
 
relator's emergency motion for stay denied
relator's supplement to emergency motion for stay denied
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED AS MOOT:
19-0422
HERBERT FEIST v. DIRECTOR OF PAROLE BOARD