Supreme Court

September 22, 2023 

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THE SUPREME COURT OF TEXAS
Orders Pronounced September 22, 2023
 
ORDERS ON CAUSES
THE MOTION IN THE FOLLOWING CAUSE IS GRANTED:
22-0102
THE CITY OF DALLAS v. THE EMPLOYEES' RETIREMENT FUND OF THE CITY OF DALLAS; from Dallas County; 5th Court of Appeals District (05-20-00494-CV, 636 SW3d 692, 10-29-21)
 
unopposed motion to permit attorney at petitioners' counsel table during oral argument granted
 
22-0431
UNION PACIFIC RAILROAD COMPANY AND EZRA ALDERMAN RANCHES, INC. v. ELSA PRADO, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF ROLANDO PRADO, JR., DECEASED, AND AS NEXT FRIEND OF A.P., MINOR; ELIZABETH PRADO; ROLANDO PRADO; AND MARIA PRADO; from La Salle County; 4th Court of Appeals District (04-19-00543-CV, 647 SW3d 731, 07-28-21)
 
unopposed motion to sever granted as follows:

Pursuant to Texas Rule of Appellate Procedure 42.1, the Court severs and dismisses the claims against Lonestar Resources, Inc. from case no. 22-0431. The remainder of the appeal in case no. 22-0431, restyled Union Pacific Railroad Company and Ezra Alderman Ranches, Inc. v. Elsa Prado, Individually and as Representative of the Estate of Rolando Prado, Jr., Deceased and as Next Friend of A.P., Minor; Elizabeth Prado; Rolando Prado; and Maria Prado, remains pending before this Court.
 
(Justice Lehrmann not participating)
THE MOTION IN THE FOLLOWING CAUSE IS DENIED:
22-0427
TEXAS DEPARTMENT OF INSURANCE AND CASSIE BROWN, IN HER OFFICIAL CAPACITY AS COMMISSIONER OF THE TEXAS DEPARTMENT OF INSURANCE v. STONEWATER ROOFING, LTD. CO.; from Travis County; 7th Court of Appeals District (07-21-00016-CV, 641 SW3d 794, 02-02-22)
 
unopposed motion to postpone oral argument denied
 
[Note: This case remains set for oral argument at 9:00 a.m., October 26, 2023.]
Time allotted to argue: 20/20 minutes
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
23-0371
IN RE D.W., JR., Z.W., AND W.W., CHILDREN; 14th Court of Appeals District (14-21-00574-CV, ___ SW3d ___, 01-10-23)
 
23-0377
ROBERT CROYSDILL v. OLD REPUBLIC INSURANCE COMPANY; from El Paso County; 8th Court of Appeals District (08-21-00191-CV, 668 SW3d 782, 02-09-23)
 
23-0428
MICHAEL BERNHARDT v. MARCIA GAIL BERNHARDT; from Wichita County; 2nd Court of Appeals District (02-22-00206-CV, ___ SW3d ___, 03-23-23)
 
23-0470
PRESTON L. HOWARD v. PINE TREE I.S.D. AND MELISSA NEWMAN; from Gregg County; 12th Court of Appeals District (12-22-00222-CV, ___ SW3d ___, 04-28-23)
 
23-0513
LEROY GREER AND BERNICE GREER v. JP MORGAN MORTGAGE ACQUISITION CORP.; from Fort Bend County; 14th Court of Appeals District (14-21-00583-CV, ___ SW3d ___, 03-28-23)
 
23-0537
IN THE INTEREST OF J.C., J.C., AND J.C.; from Montgomery County; 9th Court of Appeals District (09-23-00137-CV, ___ SW3d ___, 06-29-23)
 
as reinstated
 
23-0630
DOWNTOWN MCKINNEY PARTNERS, LLC v. INTERMCKINNEY, LLC; from Collin County; 5th Court of Appeals District (05-22-00501-CV, ___ SW3d ___, 06-21-23)
 
23-0751
IN THE INTEREST OF A.E., A CHILD; from Henderson County; 12th Court of Appeals District (12-23-00096-CV, ___ SW3d ___, 07-31-23)
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
21-0344
WERNER CO. v. J. DEVALLEE; from Denton County; 2nd Court of Appeals District (02-19-00043-CV, ___ SW3d ___, 03-25-21)
 
22-0104
JOHN P. KOTTS AND BOUMATIC, LLC v. M.A. MILLS, P.C.; from Harris County; 14th Court of Appeals District (14-20-00395-CV, 640 SW3d 323, 01-20-22)
 
22-0323
MOSAIC BAYBROOK ONE, LP; MOSAIC BAYBROOK TWO, LP; MOSAIC RESIDENTIAL, INC.; MOSAIC BAYBROOK ONE GP LLC; MOSAIC BAYBROOK TWO GP LLC; ROBERT M. WEBER; VELISSA PARMER; ABID BHIMANI; MOSAIC GP FUND III LLC; EASTHAM CAPITAL FUND III (QP) LP; EASTHAM CAPITAL FUND IV, LP; AUSPAY-BAYBROOK, LLC; AUSPAY-MOSAIC GP, LLC; WILLAMSBURG ENTERPRISES, LLLP; PHILIP SALEM; WIDAD SALEM; BAYBROOK LL, LLC; THE MATTHEW ROSENTHAL IRREVOCABLE TRUST 2007; AND TREE OPPORTUNITIES SERIES, LLC v. TAMMY CESSOR AND PAUL SIMIEN; from Harris County; 14th Court of Appeals District (14-19-00695-CV, ___ SW3d ___, 06-29-21)
 
22-0633
WIRT BLAFFER, INDIVIDUALLY AND DERIVATIVELY ON BEHALF OF FREEPORT WATERFRONT PROPERTIES, L.P. v. SECOND STREET PROPERTIES LLC, BRIARWOOD CAPITAL CORPORATION AND H. WALKER ROYALL; from Harris County; 1st Court of Appeals District (01-19-00194-CV, 649 SW3d 522, 03-29-22)
 
23-0451
TERRENCE BELL v. SUN WEST MORTGAGE COMPANY, INC.; from Galveston County; 14th Court of Appeals District (14-22-00229-CV, ___ SW3d ___, 06-13-23)
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
23-0520
IN RE CAROLYN R. DAWSON; from Fort Bend County; 14th Court of Appeals District (14-23-00383-CV, ___ SW3d ___, 06-29-23)
MISCELLANEOUS
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
23-0749
IN RE SHOUVIK BHATTACHARYYA; from Dallas County; 5th Court of Appeals District (05-23-00615-CV, ___ SW3d ___, 08-28-23)
 
relator's emergency motion for temporary relief denied
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED:
23-0748
IN RE CHILDREN’S MEDICAL CENTER OF DALLAS; from Dallas County; 5th Court of Appeals District (05-23-00870-CV)
 
relator's unopposed motion to dismiss granted
relator's emergency motion for temporary relief dismissed as moot
THE FOLLOWING PETITION FOR WRIT OF PROHIBITION IS DENIED:
23-0665
IN RE SOUHAIL ADAM; from Harris County; 14th Court of Appeals District (14-22-00702-CV, ___ SW3d ___, 06-06-23)