Supreme Court

May 20, 2022 

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THE SUPREME COURT OF TEXAS
Orders Pronounced May 20, 2022
 
ORDERS ON CAUSES
20-0079
JAMES CONSTRUCTION GROUP, LLC AND PRIMORIS SERVICES CORPORATION v. WESTLAKE CHEMICAL CORPORATION; from Harris County; 14th Court of Appeals District (14-18-00083-CV, 594 SW3d 722, 12-17-20)
 
2 petitions
 
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, in which Justice Young joined in full, in which Chief Justice Hecht, Justice Devine, Justice Busby, and Justice Bland joined as to Parts I and II(D), and in which Justice Boyd, Justice Blacklock, and Justice Huddle joined as to Parts I, II(A), II(B), II(C), and II(E).

Chief Justice Hecht delivered an opinion dissenting in part, in which Justice Devine, Justice Busby, and Justice Bland joined.

Justice Boyd delivered an opinion dissenting in part, in which Justice Blacklock and Justice Huddle joined.
21-0036
THOMAS BRANDON PERTHUIS v. BAYLOR MIRACA GENETICS LABORATORIES, LLC; from Harris County; 1st Court of Appeals District (01-19-00095-CV, 639 SW3d 108, 12-03-20)
 
The Court reverses the court of appeals' judgment and remands the case to that court.

Justice Young delivered the opinion of the Court, in which Chief Justice Hecht, Justice Lehrmann, Justice Devine, Justice Blacklock, Justice Busby, and Justice Bland joined.

Justice Huddle delivered a dissenting opinion, in which Justice Boyd joined.
21-0049
PAPE PARTNERS, LTD., GLENN R. PAPE AND KENNETH W. PAPE v. DRR FAMILY PROPERTIES LP; from McLennan County; 10th Court of Appeals District (10-17-00180-CV, 623 SW3d 436, 01-29-20)
 
The Court reverses the court of appeals' judgment and remands the case to the trial court.

Chief Justice Hecht delivered the opinion of the Court.
21-0173
BUILDER RECOVERY SERVICES, LLC v. THE TOWN OF WESTLAKE, TEXAS; from Tarrant County; 2nd Court of Appeals District (02-20-00051-CV, 640 SW3d 543, 01-07-21)
 
The Court reverses the court of appeals' judgment and remands the case to that court.

Justice Blacklock delivered the opinion of the Court.
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
22-0097
ERNEST PACHECO v. EOG RESOURCES INC.; from Walker County; 10th Court of Appeals District (10-21-00051-CV, ___ SW3d ___, 12-29-21)
 
22-0112
SCIENTIFIC MACHINE & WELDING, INC. v. FLASHPARKING, INC.; from Travis County; 3rd Court of Appeals District (03-20-00431-CV, 641 SW3d 454, 11-12-21)
 
22-0203
JIMMIE LUECKE CHILDREN PARTNERSHIP, LTD., A TEXAS LIMITED PARTNERSHIP v. EVERHARD DROEMER, DORCHEN HOEINGHAUS, BERNARD DROEMER, THEODORE DROEMER, AND ROBERTA BORIACK; from Bastrop County; 3rd Court of Appeals District (03-20-00096-CV, ___ SW3d ___, 01-27-22)
 
22-0206
BJZ INVESTMENTS, LLC, BLAKE ZIMMERMAN, AND JILL BELL v. SIGNAD, LTD.; from Washington County; 14th Court of Appeals District (14-20-00419-CV, 640 SW3d 611, 01-27-22)
 
22-0216
ROSALINDA SOLIZ v. MCALLEN HOSPITALS, L.P. D/B/A EDINBURG REGIONAL MEDICAL CENTER; from Hidalgo County; 13th Court of Appeals District (13-20-00535-CV, ___ SW3d ___, 01-06-22)
 
22-0272
IN RE THE COMMITMENT OF GREGORY A. JONES; from Wichita County; 2nd Court of Appeals District (02-18-00019-CV, ___ SW3d ___, 02-03-22)
 
22-0304
IN THE INTEREST OF E.C. AND A.O., CHILDREN; from Potter County; 7th Court of Appeals District (07-21-00204-CV, ___ SW3d ___, 03-04-22)
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
21-0536
DAVID BAGWELL, INDIVIDUALLY AND AS TRUSTEE OF THE DAVID S. BAGWELL TRUST, BROUGHTON LIMITED PARTNERSHIP, OLD GROVE LIMITED PARTNERSHIP AND BROADLAND LIMITED PARTNERSHIP AND MARILYN D. GARNER, CHAPTER 7 TRUSTEE OF THE ESTATE OF THE DAVID BAGWELL COMPANY AND THE ESTATE OF EVERMORE COMMUNITIES, LTD. v. BBVA COMPASS AND SAM MEADE; from Dallas County; 5th Court of Appeals District (05-18-00860-CV, ___ SW3d ___, 12-14-20)
 
2 rehearings
 
21-0916
LATOSHA DIGGLES v. TEXAS FARMERS INSURANCE COMPANY AND LINDSAY, LINDSAY & PARSONS; from Jefferson County; 9th Court of Appeals District (09-21-00062-CV, ___ SW3d ___, 08-26-21)
 
22-0068
CHRISTOPHER MICHAEL DUPUY v. HEATHER RENE WILLIAMS; from Harris County; 14th Court of Appeals District (14-19-00463-CV, ___ SW3d ___, 12-02-21)
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
22-0270
IN RE TRENT S. GRIFFIN; from Dallas County; 5th Court of Appeals District (05-22-00238-CV, ___ SW3d ___, 03-29-22)
 
22-0276
IN RE MELANIE D. HORTON; from Harris County; 1st Court of Appeals District (01-21-00324-CV, ___ SW3d ___, 03-22-22)
 
22-0283
IN RE RAFAEL FRIEDRICHSEN; from Harris County; 14th Court of Appeals District (14-19-00850-CV, ___ SW3d ___, 10-26-21)
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED:
22-0064
IN RE MICHAELS STORES, INC. D/B/A MICHAELS ART & CRAFTS #2719; from Harris County; 14th Court of Appeals District (14-21-00320-CV, ___ SW3d ___, 12-21-21)
 
relator's unopposed motion to dismiss granted
 
(Justice Lehrmann not participating)