Supreme Court

May 13, 2022

THE SUPREME COURT OF TEXAS
Orders Pronounced May 13, 2022

Causes Summaries ORDERS ON CAUSES
20-0309	CITY OF BAYTOWN v. ALAN SCHROCK; from Harris County; 1st Court of Appeals District (01-17-00442-CV, 623 SW3d 394, 06-27-19)
	The Court reverses the court of appeals' judgment and reinstates the trial court's judgment. Justice Bland delivered the opinion of the Court. Justice Young delivered a concurring opinion, in which Justice Lehrmann, Justice Blacklock, and Justice Busby joined. View Electronic Briefs \| Oral Argument
20-0687	KENNETH L. BERRY, INDIVIDUALLY; KENNETH L. BERRY, AS TRUSTEE OF THE BERRY DYNASTY TRUST; KENNETH L. BERRY, TRUSTEE IN A DERIVATIVE CAPACITY FOR FLYING BULL RANCH, LTD.; AND CHELSEA NICHOLE BRIERS v. DENNIS W. BERRY; MARVIN G. BERRY; ALLEN L. BERRY; FB RANCH, LLC; BERRY GP, INC. D/B/A BERRY CONTRACTING, INC.; BERRY CONTRACTING, LP D/B/A BAY, LTD.; AND BERRY RANCHES, LLC; from Nueces County; 13th Court of Appeals District (13-18-00169-CV, 640 SW3d 857, 03-05-20)
	2 petitions
	The Court affirms the court of appeals’ judgment in part, reverses in part, and remands the case to the trial court. Justice Blacklock delivered the opinion of the Court.
	(Justice Huddle and Justice Young not participating) View Electronic Briefs \| Oral Argument
20-0977	EX PARTE K.T.; from Denton County; 2nd Court of Appeals District (02-19-00376-CV, 612 SW3d 111, 10-22-20)
	~ consolidated with ~
21-0075	EX PARTE C.F.; from Collin County; 5th Court of Appeals District (05-19-00835-CV, 613 SW3d 276, 10-02-20)
	The Court affirms the courts of appeals' judgments. Justice Young delivered the opinion of the Court, in which Chief Justice Hecht, Justice Lehrmann, Justice Devine, Justice Blacklock, Justice Busby, Justice Bland, and Justice Huddle joined. Justice Boyd delivered a dissenting opinion. View Electronic Briefs \| Oral Argument
21-0124	STEPHEN L. MITCHELL, JANIE MITCHELL BELEW, LISA MITCHELL SEIGMANN, AND LINDA MITCHELL STAPLETON v. MAP RESOURCES, INC., PECOS BEND ROYALTIES, LLP, PBR PROPERTIES JOINT VENTURES, AND TOMMY VASCOCU; from Reeves County; 8th Court of Appeals District (08-17-00155-CV, 615 SW3d 212, 09-29-20)
	The Court reverses the court of appeals' judgment, renders judgment in part, and remands the case to the trial court. Justice Busby delivered the opinion of the Court. View Electronic Briefs \| Oral Argument
21-0238	PEDIATRICS COOL CARE, ET AL. v. GINGER THOMPSON, INDIVIDUALLY AND AS THE REPRESENTATIVE OF THE ESTATE OF A.W.(DECEASED), AND BRAD WASHINGTON; from Ellis County; 14th Court of Appeals District (14-19-00031-CV, 638 SW3d 218, 01-29-21)
	The Court reverses the court of appeals' judgment and renders judgment. Justice Bland delivered the opinion of the Court, in which Chief Justice Hecht, Justice Devine, Justice Blacklock, Justice Busby, Justice Huddle, and Justice Young joined. Justice Busby delivered a concurring opinion. Justice Boyd delivered a dissenting opinion, in which Justice Lehrmann joined. View Electronic Briefs \| Oral Argument
21-0326	EDWARD JAMES MITSCHKE, JR., INDIVIDUALLY AND AS A REPRESENTATIVE OF THE ESTATE OF CODY MITSCHKE, DECEASED v. MARIDA FAVIA DEL CORE BORROMEO AND BLACKJACK RANCH, L.L.E., LLC; from Lee County; 7th Court of Appeals District (07-20-00283-CV, ___ SW3d ___, 02-03-21)
	The Court reverses the court of appeals' judgment and remands the case to that court. Justice Young delivered the opinion of the Court. View Electronic Briefs \| Oral Argument
22-0229	IN RE GREG ABBOTT IN HIS OFFICIAL CAPACITY AS GOVERNOR OF THE STATE OF TEXAS; JAIME MASTERS IN HER OFFICIAL CAPACITY AS COMMISSIONER OF THE DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; AND THE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Travis County; 3rd Court of Appeals District (03-22-00126-CV, ___ SW3d ___, 03-21-22)
	relators' emergency motion for temporary relief dismissed as moot
	Pursuant to TRAP 52.8(c), without hearing oral argument, the Court conditionally grants the writ of mandamus in part and denies it in part. Justice Blacklock delivered the opinion for a unanimous Court as to Parts I and II. Justice Bland delivered the opinion of the Court as to Part III, in which Chief Justice Hecht, Justice Lehrmann, Justice Busby, and Justice Huddle joined. Justice Lehrmann delivered a concurring opinion. Justice Blacklock delivered an opinion dissenting as to Part III, in which Justice Boyd and Justice Devine joined.
	(Justice Young not participating) View Electronic Briefs \| Oral Argument N/A
THE FOLLOWING CAUSE IS DISMISSED:
21-0331	EDWARD JAMES MITSCHKE, JR., INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF CODY MITSCHKE, DECEASED v. BRISTEN BEHRENS, DARRELL BEHRENS, JUSTIN BEHRENS, AND TIMOTHY LEE TIMMERMAN; from Lee County; 7th Court of Appeals District (07-20-00282-CV, ___ SW3d ___, 02-03-21)
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
22-0187	ANWAR KAZI, ZAMEER SACHEDINA, ROHIT SHARMA, AND WISEMAN INNOVATIONS, LLC. v. MOHAMMAD SOHAIL; from Dallas County; 5th Court of Appeals District (05-21-00432-CV, ___ SW3d ___, 01-24-22)

22-0194	DHI HOLDINGS, LLP v. THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION F/K/A THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JP MORGAN CHASE BANK, AS TRUSTEE FOR RESIDENTIAL ASSET MORTGAGE PRODUCTS, INC., MORTGAGE ASSET-BACKED PASS-THROUGH CERTIFICATES SERIES 2004-RS8; OCWEN LOAN SERVICING, LLC; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; NATIONSTAR MORTGAGE LLC D/B/A MR. COOPER; U.S. BANK NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE OF THE NRZ PASS-THROUGH TRUST X; from Harris County; 14th Court of Appeals District (14-20-00319-CV, ___ SW3d ___, 11-23-21)

22-0195	ALBERT G. HILL, III v. MARGARET KELIHER, IN HER CAPACITY AS PERSONAL REPRESENTATIVE AND SUCCESSOR INDEPENDENT EXECUTOR OF THE ESTATE OF ALBERT G. HILL, JR., AND CAROL E. IRWIN, IN HER CAPACITY, ET AL.; from Dallas County; 5th Court of Appeals District (05-20-00644-CV, ___ SW3d ___, 01-25-22)

22-0198	LACORE ENTERPRISES, LLC v. MICHAEL SLOGGETT; from Collin County; 6th Court of Appeals District (06-20-00057-CV, ___ SW3d ___, 12-01-21)

22-0225	IN THE INTEREST OF L.L.G., E.J.G., A.L.G., II, AND E.F.G., CHILDREN; from Midland County; 11th Court of Appeals District (11-21-00199-CV, ___ SW3d ___, 02-03-22)
	counsel's motion to withdraw granted

22-0347	IN THE INTEREST OF A.S., A CHILD; from McLennan County; 10th Court of Appeals District (10-21-00272-CV, ___ SW3d ___, 04-06-22)

22-0352	IN THE INTEREST OF B.F., A CHILD; from Gregg County; 6th Court of Appeals District (06-21-00113-CV, ___ SW3d ___, 03-02-22)

22-0363	IN THE INTEREST OF Z.I.E.C.H. AND L.J.C.H.-C., CHILDREN; from Bexar County; 4th Court of Appeals District (04-21-00473-CV, ___ SW3d ___, 03-23-22)
	counsel's motion to withdraw granted
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
21-0612	ENERGY TRANSFER FUEL, L.P., A TEXAS LIMITED PARTNERSHIP v. 660 NORTH FREEWAY, LLC, A TEXAS LIMITED LIABILITY COMPANY, AND TINDALL PROPERTIES, LTD., A TEXAS LIMITED PARTNERSHIP; from Tarrant County; 2nd Court of Appeals District (02-20-00170-CV, ___ SW3d ___, 04-22-21)

21-0973	LASZLO HERCZEG v. 5005 SSR, LLC; from Travis County; 3rd Court of Appeals District (03-19-00760-CV, ___ SW3d ___, 08-31-21)

21-0983	ERNEST BUSTOS v. BEXAR APPRAISAL DISTRICT, THE APPRAISAL REVIEW BOARD OF BEXAR APPRAISAL DISTRICT, BEXAR COUNTY, NORTH EAST INDEPENDENT SCHOOL DISTRICT, AND CITY OF SAN ANTONIO; from Bexar County; 4th Court of Appeals District (04-19-00781-CV, ___ SW3d ___, 05-26-21)