Supreme Court

May 12, 2023 

Print-Friendly

Texas State Seal
THE SUPREME COURT OF TEXAS
Orders Pronounced May 12, 2023
 
ORDERS ON CAUSES
20-0737
UNITED RENTALS NORTH AMERICA, INC. v. PAMELA EVANS, INDIVIDUALLY AND AS ADMINISTRATOR FOR THE ESTATE OF CLARK BRANDON DAVIS, AND DOMINIC JONES; from Dallas County; 5th Court of Appeals District (05-18-00665-CV, 608 SW3d 449, 08-18-20)
 
The Court reverses the court of appeals’ judgment, renders judgment in part, and remands the case to the trial court.

Justice Blacklock delivered the opinion of the Court.
 
(Justice Lehrmann not participating)
21-0509
FINLEY RESOURCES, INC., FINLEY PRODUCTION CO., L.P. AND PETRO CANYON ENERGY, LLC v. HEADINGTON ROYALTY, INC. AND HEADINGTON ENERGY PARTNERS, LLC; from Collin County; 5th Court of Appeals District (05-19-00291-CV, 623 SW3d 480, 03-18-21)
 
2 petitions
 
The Court affirms the court of appeals' judgment and remands the case to the trial court.

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

Justice Boyd filed a concurring opinion.
21-0783
LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD. AND LENNAR HOMES OF TEXAS SALES AND MARKETING, LTD. v. KARA WHITELEY; from Galveston County; 14th Court of Appeals District (14-19-00269-CV, 625 SW3d 569, 04-29-21)
 
The Court reverses in part 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.
21-0941
PNC MORTGAGE, A DIVISION OF PNC BANK, N.A. SUCCESSOR TO NATIONAL CITY BANK AND NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK OF INDIANA v. JOHN HOWARD AND AMY HOWARD; from Collin County; 5th Court of Appeals District (05-17-01484-CV, 651 SW3d 154, 09-17-21)
 
The Court affirms the court of appeals' judgment.

Chief Justice Hecht delivered the opinion of the Court.
21-1063
IN RE CHRISTOPHER S. KAPPMEYER AND ROXANA P. KAPPMEYER; from Aransas County; 13th Court of Appeals District (13-21-00344-CV, 663 SW3d 239, 11-30-21)
 
relators' unopposed motion to supplement authority granted
stay order issued December 17, 2021, lifted
 
The Court conditionally grants the petition for writ of mandamus.

Justice Lehrmann delivered the opinion of the Court.
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
23-0093
IN THE MATTER OF THE MARRIAGE OF ROGELIO GUERRA AND SUSAN RABEL GUERRA; from Cameron County; 13th Court of Appeals District (13-21-00377-CV, ___ SW3d ___, 11-10-22)
 
23-0168
J.M. v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Bell County; 3rd Court of Appeals District (03-22-00435-CV, ___ SW3d ___, 01-17-23)
 
23-0187
DERRICK RICHARDSON v. REPUBLIC TITLE OF TEXAS, INC.; from Dallas County; 5th Court of Appeals District (05-22-00026-CV, ___ SW3d ___, 12-22-22)
 
23-0216
IN THE INTEREST OF N.G. A CHILD; from Robertson County; 10th Court of Appeals District (10-22-00283-CV, ___ SW3d ___, 02-01-23)
 
2 petitions
 
23-0237
IN THE INTEREST OF A.J.A.D. AND K.K.D., CHILDREN; from Harris County; 1st Court of Appeals District (01-22-00521-CV, ___ SW3d ___, 12-20-22)
 
23-0303
IN THE INTEREST OF N.E., A CHILD; from Harris County; 1st Court of Appeals District (01-22-00739-CV, ___ SW3d ___, 03-16-23)
 
counsel's motion to withdraw granted
 
23-0322
IN THE INTEREST OF Z.R.M., A CHILD; from Bexar County; 4th Court of Appeals District (04-22-00787-CV, ___ SW3d ___, 03-15-23)
 
23-0324
H.B. v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Travis County; 3rd Court of Appeals District (03-22-00706-CV, ___ SW3d ___, 03-17-23)
 
counsel's motion to withdraw granted
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
22-0951
S.B., J.B., AND C.C. v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Blanco County; 3rd Court of Appeals District (03-22-00156-CV, 654 SW3d 246, 09-15-22)
 
22-1081
NANCY ALANIS v. U.S BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO LASALLE BANK, M.A., AS TRUSTEE FOR THE MLMI TRUST SERIES 2006-HE6; AND NATIONSTAR MORTGAGE, LLC D/B/A MR. COOPER; from Bexar County; 4th Court of Appeals District (04-21-00021-CV, ___ SW3d ___, 08-31-22)
 
emergency motion to stay and sanctions denied
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
23-0254
IN RE LARRY BRADSHAW D/B/A GO-FER HOTSHOT SERVICE; from Ector County; 11th Court of Appeals District (11-23-00004-CV, ___ SW3d ___, 01-12-23)
 
23-0271
IN RE S.E.A.L. SECURITY SOLUTIONS, LLC; from Harris County; 1st Court of Appeals District (01-22-00274-CV, ___ SW3d ___, 02-23-23)
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED:
22-1051
IN RE LUBBOCK PREMIERE CINEMA, LP AND LUBBOCK PREMIERE CINEMA, LLC; from Howard County; 11th Court of Appeals District (11-22-00268-CV)
 
stay order issued December 1, 2022, lifted
abatement order issued March 10, 2023, lifted
mandamus reinstated
unopposed motion to lift abatement and dismiss granted