|
THE SUPREME COURT OF TEXAS
|
|
Orders Pronounced December 14, 2018
|
| |
|
ORDERS ON CAUSES
|
|
THE FOLLOWING CAUSE IS SET FOR SUBMISSION:
|
|
17-0925
|
ENDEAVOR ENERGY RESOURCES, L.P. v. EVELYN CUEVAS, ET AL.; from Midland County; 11th Court of Appeals District (11-15-00157-CV, 531 SW3d 375, 10-05-17)
|
| |
[Note: This cause has been set for oral argument at 9:00 a.m., February 19, 2019.]
Time allotted to argue: 20/20 minutes
|
|
THE FOLLOWING CAUSES ARE RESET FOR ORAL ARGUMENT:
|
|
17-0365
|
CHAMBERS-LIBERTY COUNTIES NAVIGATION DISTRICT, ET AL. v. THE STATE OF TEXAS; from Travis County; 3rd Court of Appeals District (03-15-00744-CV, ___ SW3d ___, 07-08-16)
|
| |
|
| |
- consolidated for oral argument with -
|
| |
|
17-0404
|
IN RE SUSTAINABLE TEXAS OYSTER RESOURCE MANAGEMENT, L.L.C.; from Travis County; 3rd Court of Appeals District (03-15-00744-CV, ___ SW3d ___, 07-08-16)
|
| |
[Note: The causes have been reset for oral argument at 9:00 a.m., January 23, 2019.]
Time allotted to argue: 20/20 minutes
|
| |
|
17-0563
|
BAYLOR SCOTT AND WHITE, HILLCREST MEDICAL CENTER v. RUTHEN JAMES WEEMS III; from McLennan County; 6th Court of Appeals District (06-17-00018-CV, ___ SW3d ___, 05-11-17)
|
| |
[Note: Oral argument of this cause is reset and will be conducted on Thursday, January 31, 2019 at 9:00 a.m. at Texas High School, Texarkana, Texas. See Tex. Const. art. V, § 3(a).]
Time allotted to argue: 20/20 minutes
|
| |
|
17-0730
|
UNIVERSITY OF TEXAS M.D. ANDERSON CANCER CENTER v. LANCE MCKENZIE, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF COURTNEY MCKENZIE-THUE (DECEASED), DEBORAH DIVER, INDIVIDUALLY AND AS NEXT FRIEND OF J.O., A MINOR; from Harris County; 14th Court of Appeals District (14-16-00681-CV, 529 SW3d 177, 08-03-17)
|
| |
[Note: This cause has been reset for oral argument at 9:00 a.m., February 19, 2019.]
Time allotted to argue: 20/20 minutes
|
| |
|
18-0099
|
PHI, INC. v. TEXAS JUVENILE JUSTICE DEPARTMENT F/K/A TEXAS YOUTH COMMISSION; from Cooke County; 2nd Court of Appeals District (02-17-00013-CV & 02-17-00014-CV, 537 SW3d 707, 12-21-17)
|
| |
[Note: Oral argument of this cause is reset and will be conducted on Thursday, January 31, 2019 at 9:00 a.m. at Texas High School, Texarkana, Texas. See Tex. Const. art. V, § 3(a).]
Time allotted to argue: 20/20 minutes
|
|
THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:
|
|
16-0120
|
STEVEN PAINTER; TONYA WRIGHT, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF EARL A. WRIGHT, III, DECEASED; VIRGINIA WEAVER, INDIVIDUALLY AND AS NEXT FRIEND OF A.A.C., A MINOR; AND TABITHA R. ROSELLO, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF ALBERT CARILLO, DECEASED v. AMERIMEX DRILLING I, LTD.; from Pecos County; 8th Court of Appeals District (08-14-00134-CV, 511 SW3d 700, 11-03-15)
|
| |
|
16-0549
|
DR. BEHZAD NAZARI, D.D.S., ET AL. v. THE STATE OF TEXAS; XEROX CORPORATION; AND XEROX STATE HEALTHCARE, LLC, F/K/A ACS STATE HEALTHCARE, LLC; from Travis County; 3rd Court of Appeals District (03-15-00252-CV, 497 SW3d 169, 06-17-16)
|
| |
(Justice Boyd and Justice Blacklock not sitting)
|
| |
|
18-0660
|
IN RE OCCIDENTAL CHEMICAL CORPORATION, OXY INGLESIDE ENERGY CENTER, LLC, OXY INGLESIDE LPG TERMINAL LLC, AND OXY INGLESIDE OIL TERMINAL LLC
|
| |
(Justice Guzman not sitting)
|
|
ORDERS ON CASES GRANTED
|
|
THE FOLLOWING PETITION FOR REVIEW IS GRANTED:
|
|
18-0071
|
GERALD GODOY v. WELLS FARGO BANK, N.A.; from Harris County; 14th Court of Appeals District (14-16-00599-CV, 542 SW3d 50, 10-31-17)
|
| |
[Note: This case has been set for oral argument at 9:00 a.m., February 19, 2019.]
Time allotted to argue: 20/20 minutes
|
| |
(Justice Johnson not sitting)
|
|
ORDERS ON PETITIONS FOR REVIEW
|
|
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
|
|
17-0182
|
JEFFORY BLACKARD v. ATTORNEY PRO TEM KENT A. SCHAFFER, IN HIS OFFICIAL CAPACITY, ET AL.; from Collin County; 5th Court of Appeals District (05-16-00408-CV, ___ SW3d ___, 01-18-17)
|
| |
|
17-0756
|
DOUBLE EAGLE DEVELOPMENT, LLC v. APACHE DEEPWATER, LLC; from Reagan County; 8th Court of Appeals District (08-16-00038-CV, 557 SW3d 650, 08-23-17)
|
| |
|
17-0876
|
FRANCIS MICHAEL LYNCH v. DONNA FALCON LYNCH; from Harris County; 1st Court of Appeals District (01-16-00573-CV, ___ SW3d ___, 09-14-17)
|
| |
|
17-1043
|
CHERYL D. HOLE v. COMMISSION FOR LAWYER DISCIPLINE; from Hidalgo County; 13th Court of Appeals District (13-15-00522-CV, ___ SW3d ___, 08-24-17)
|
| |
|
17-1044
|
RONALD G. HOLE v. COMMISSION FOR LAWYER DISCIPLINE; from Hidalgo County; 13th Court of Appeals District (13-15-00528-CV, ___ SW3d ___, 08-24-17)
|
| |
|
18-0236
|
LISA RENEE WARD v. VIRGIL BRENT WARD; from Liberty County; 9th Court of Appeals District (09-17-00024-CV, ___ SW3d ___, 12-07-17)
|
| |
|
18-0371
|
RANBAXY, INC. (F/K/A RANBAXY PHARMACEUTCALS, INC.), RANBAXY LABORATORIES, LTD., VENKATACHALAM KRISHNAN, AND ARUN SAWHNEY v. SIGNATURE PHARMACEUTICALS, LLC, SIGNATURE R&D HOLDINGS, LLC, AMERICAN GENERICS, INC., AND MCCORMICK HOLDINGS, LLC; from Collin County; 5th Court of Appeals District (05-17-00412-CV, ___ SW3d ___, 03-12-18)
|
| |
|
18-0373
|
ANTONIO MENCHACA, JR. AND PERLA NEVAREZ v. THE STATE OF TEXAS; from Cameron County; 13th Court of Appeals District (13-16-00602-CV, ___ SW3d ___, 02-15-18)
|
| |
|
| |
|
18-0391
|
DWAYNE R. DAY, P.C. AND DWAYNE R. DAY v. DONALD YOUNG AND DORIS YOUNG; from Galveston County; 1st Court of Appeals District (01-16-00325-CV, ___ SW3d ___, 03-27-18)
|
| |
|
| |
|
18-0441
|
IN THE ESTATE OF BARBARA R. DEAN, DECEASED; from Jim Wells County; 4th Court of Appeals District (04-17-00009-CV, ___ SW3d ___, 02-28-18)
|
| |
|
18-0594
|
STEPHEN EMERY GEIS v. LYNN GEIS; from Tarrant County; 2nd Court of Appeals District (02-17-00308-CV, ___ SW3d ___, 04-19-18)
|
| |
|
18-0630
|
STEVE F. MONTOYA, JR., M.D.; WEST TEXAS RENAL CARE; AND WEST TEXAS NEPHROLOGY v. SAN ANGELO COMMUNITY MEDICAL CENTER AND KIRK BREWER, M.D.; from Tom Green County; 3rd Court of Appeals District (03-16-00510-CV, ___ SW3d ___, 05-31-18)
|
| |
|
| |
|
18-0662
|
DIPAK GIRI v. DR. J. SCOT ESTEP, DVM, DACVP; from Comal County; 3rd Court of Appeals District (03-17-00759-CV, ___ SW3d ___, 05-04-18)
|
| |
|
18-0671
|
CAROLYN CASTERLINE v. ONEWEST BANK, F.S.B.; from San Patricio County; 13th Court of Appeals District (13-17-00118-CV, ___ SW3d ___, 04-12-18)
|
| |
|
18-0684
|
CHARLES WILLIAM JOHNSON v. TIMOTHY JOHN WHALEN AND THE WHALEN LAW FIRM, PLLC; from Dallas County; 5th Court of Appeals District (05-16-00473-CV, ___ SW3d ___, 05-31-18)
|
| |
|
18-0706
|
ROBERT W. SKLOSS AND JACLYN H. NGUYEN v. GARY BEAVERS CONSTRUCTION, GARY W. BEAVERS, INDIVIDUALLY, AND AMY BEAVERS, INDIVIDUALLY; from Edwards County; 4th Court of Appeals District (04-17-00112-CV, ___ SW3d ___, 06-20-18)
|
| |
|
18-0723
|
FEMI ONABAJO AND CHRISTY ONABAJO v. WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE OF STANWICH MORTGAGE LOAN TRUST A; from Travis County; 3rd Court of Appeals District (03-17-00486-CV, ___ SW3d ___, 06-07-18)
|
| |
|
18-0733
|
LUIS FRANCISCO & ELSA FRANCISCO-SOTO v. THE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Montgomery County; 9th Court of Appeals District (09-18-00156-CV, ___ SW3d ___, 08-30-18)
|
| |
emergency motion for stay dismissed as moot
second emergency motion for stay dismissed as moot
|
| |
|
18-0760
|
JEFFREY D. WESTBROOK v. DAVID A. DOUGHTY; from Jefferson County; 9th Court of Appeals District (09-18-00054-CV, ___ SW3d ___, 06-28-18)
|
| |
|
18-0786
|
STEVE M. HILL, D/B/A HILL ROOFING & CONSTRUCTION v. JANET AND ROBERT SPRACKLEN; from Tarrant County; 5th Court of Appeals District (05-17-00829-CV, ___ SW3d ___, 07-12-18)
|
| |
motion to dismiss petition for review dismissed as moot
|
| |
|
18-0788
|
SAM RAYBURN MUNICIPAL POWER AGENCY v. RALPH J. GILLIS, GILLIS BORCHARDT & BARTHEL LLP, OBAIN ASSOCIATES LIMITED AND THE JASPER/VPPA SETTLEMENT TRUST; from Liberty County; 9th Court of Appeals District (09-16-00339-CV, ___ SW3d ___, 07-26-18)
|
| |
|
18-0818
|
GNJ REALTY INVESTMENTS LLC v. CITY OF EDINBURG; from Hidalgo County; 13th Court of Appeals District (13-17-00290-CV, ___ SW3d ___, 06-07-18)
|
| |
|
18-0825
|
IN THE INTEREST OF V.L.M, A CHILD; from Bexar County; 4th Court of Appeals District (04-18-00100-CV, ___ SW3d ___, 07-25-18)
|
| |
|
18-0845
|
R2 RESTAURANTS, INC. v. MINEOLA COMMUNITY BANK, SSB; from Wood County; 12th Court of Appeals District (12-17-00328-CV, ___ SW3d ___, 07-25-18)
|
| |
|
18-0856
|
TEXAS INPATIENT CONSULTANTS, LLP v. JULIUS B. TABE, M.D.; from Harris County; 1st Court of Appeals District (01-16-00971-CV, 555 SW3d 382, 07-26-18)
|
| |
|
18-0857
|
VICKI PRUITT JOHNSON v. JOHN GILMER JOHNSON, JOEL DAVID JOHNSON, JUDY FOWLER, ROSS GRIFFITH, CARY SCHROEDER, JAMES HOLLIDAY, DYANN MCCULLY, JOHN DOWDY, AND WILLIAM RIDGEWAY; from Tarrant County; 2nd Court of Appeals District (02-18-00011-CV, ___ SW3d ___, 06-28-18)
|
| |
|
18-0883
|
JAMES ANDY FRY v. RICHARD F. DAVIS, SUSAN A. SWETE AND RHETT HOESTENBACH; from Burnet County; 3rd Court of Appeals District (03-17-00516-CV, ___ SW3d ___, 08-23-18)
|
| |
|
18-0899
|
JOE SVADLENAK v. THE CITY OF STAFFORD, TEXAS; from Fort Bend County; 14th Court of Appeals District (14-18-00089-CV, ___ SW3d ___, 08-07-18)
|
| |
|
18-0912
|
IN RE THE COMMITMENT OF JERRY WAYNE HUTYRA; from Fort Bend County; 14th Court of Appeals District (14-17-00669-CV, ___ SW3d ___, 08-16-18)
|
| |
|
18-0924
|
GRACIELA QUIROZ, INDIVIDUALLY, A/N/F OF "JOHN DOE 1" AND "JOHN DOE 2", MINORS, AND ROBERT SULLIVAN, INDIVIDUALLY, A/N/F OF "JOHN DOE 3" v. JUMPSTREET8, INC., JUMPSTREET, INC. AND JUMPSTREET CONSTRUCTION, INC.; from Dallas County; 5th Court of Appeals District (05-17-00948-CV, ___ SW3d ___, 07-09-18)
|
| |
|
18-0945
|
IASIS HEALTHCARE CORPORATION AND SJ MEDICAL CENTER, LLC D/B/A ST. JOSEPH MEDICAL CENTER v. ALAN PEAN; from Harris County; 1st Court of Appeals District (01-17-00638-CV, ___ SW3d ___, 06-21-18)
|
| |
|
18-0951
|
LEVU GP, LLC v. PACIFICO PARTNERS, LTD. AND GP PACIFICO; from Dallas County; 5th Court of Appeals District (05-16-01167-CV, ___ SW3d ___, 08-23-18)
|
| |
|
18-0958
|
DARNELL PETTWAY, M.D. v. MARIA OLVERA; from Harris County; 14th Court of Appeals District (14-17-00532-CV, ___ SW3d ___, 08-23-18)
|
| |
|
18-0967
|
TEXAS HEALTH AND HUMAN SERVICES COMMISSION AND OFFICE OF THE INSPECTOR GENERAL v. LEE'S PHARMACY AND MEDICAL EQUIPMENT, INC.; from Travis County; 3rd Court of Appeals District (03-16-00797-CV, ___ SW3d ___, 07-05-18)
|
| |
|
18-0979
|
GEORGE JOSEPH ASSETS, LLC, AND THE ACKEL HEIRS (GEORGE ACKEL, III, ADAM A. ACKEL, ALANA ACKEL TALLO AND ALEXANDER ACKEL). v. JERILYN LEA CHENEVERT, F/K/A JERILYN LEA ACKEL AND J CHENEVERT PROPERTIES, LLC; from Harris County; 14th Court of Appeals District (14-16-00743-CV, 557 SW3d 755, 07-10-18)
|
| |
|
18-1014
|
AMANDA JANE REYNOLDS v. STEPHEN DUANE WELLMAN; from Montgomery County; 9th Court of Appeals District (09-17-00459-CV, ___ SW3d ___, 09-20-18)
|
| |
motions for emergency relief dismissed as moot
motion to request answers dismissed as moot
motion to request to question person dismissed as moot
|
| |
|
18-1025
|
IN THE INTEREST OF P.L.F., A CHILD; from Johnson County; 10th Court of Appeals District (10-18-00153-CV, ___ SW3d ___, 09-19-18)
|
| |
|
18-1049
|
QAMAR U. ARFEEN, ET AL. v. JOE R. CHAPMAN; from Jefferson County; 9th Court of Appeals District (09-16-00272-CV, ___ SW3d ___, 08-30-18)
|
| |
|
18-1056
|
BRADFORD COOPER v. M.N. GUMBERT CORPORATION, ET AL.; from Bexar County; 4th Court of Appeals District (04-17-00833-CV, ___ SW3d ___, 09-19-18)
|
| |
|
18-1094
|
IN THE INTEREST OF C.A.G., AKA C.G., J.P.G., AKA J.G., CHILDREN; from Harris County; 14th Court of Appeals District (14-18-00368-CV, ___ SW3d ___, 10-02-18)
|
| |
counsel's motion to withdraw granted
|
| |
|
18-1095
|
IN THE INTEREST OF J.I.L. AND A.V.L., CHILDREN; from Harris County; 1st Court of Appeals District (01-18-00319-CV, ___ SW3d ___, 09-27-18)
|
| |
counsel's motion to withdraw granted
|
| |
|
18-1132
|
IN THE INTEREST OF E.T., A CHILD; from Potter County; 7th Court of Appeals District (07-18-00254-CV, ___ SW3d ___, 09-18-18)
|
| |
|
18-1141
|
IN THE INTEREST OF C.A.D.; from Polk County; 9th Court of Appeals District (09-18-00179-CV, ___ SW3d ___, 10-18-18)
|
| |
|
18-1144
|
IN THE INTEREST OF A.W., A CHILD; from Wichita County; 2nd Court of Appeals District (02-18-00147-CV, ___ SW3d ___, 10-18-18)
|
|
ORDERS ON MOTIONS FOR REHEARING
|
|
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
|
|
17-0561
|
ROLANDO CUMPIAN v. JOERIS GENERAL CONTRACTORS, LTD.; from Bexar County; 4th Court of Appeals District (04-15-00481-CV, 531 SW3d 187, 12-21-16)
|
| |
|
17-0701
|
HARLETON OIL & GAS, INC. v. WAYNE E. FREEMAN, ET AL.; from Harrison County; 6th Court of Appeals District (06-16-00034-CV, 528 SW3d 708, 07-07-17)
|
| |
(Justice Guzman not sitting)
|
| |
|
17-0726
|
SHERIDAN HILLS DEVELOPMENTS, L.P. v. MIKE SULLIVAN, IN HIS OFFICIAL CAPACITY AS HARRIS COUNTY TAX ASSESSOR COLLECTOR; from Harris County; 14th Court of Appeals District (14-15-00630-CV, ___ SW3d ___, 05-02-17)
|
| |
|
17-0732
|
WHATABURGER OF ALICE, LTD. v. WHATABURGER, INC., CA DEVELOPMENT LLC, CA REAL ESTATE LLC, CINCO AGUILAS LLC, TRES AGUILAS ENTERPRISES LLC, TRES AGUILAS MANAGEMENT LLC, WHATABURGER INTERNATIONAL LLC, WHATABURGER REAL ESTATE LLC, WHATABURGER RESTAURANTS LLC, ET AL.; from Bexar County; 4th Court of Appeals District (04-16-00085-CV, ___ SW3d ___, 06-21-17)
|
| |
|
17-0801
|
G.T. LEACH BUILDERS, L.L.C.-RESIDENTIAL, G.T. LEACH CONSTRUCTION, L.P. AND GARY T. LEACH v. SAPPHIRE CONDOMINIUMS ASSOCIATION, INC.; from Cameron County; 13th Court of Appeals District (13-16-00293-CV, ___ SW3d ___, 08-24-17)
|
| |
|
18-0363
|
NEIL ALBRECHT AND SHELIA ALBRECHT v. THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-17; from Dallas County; 5th Court of Appeals District (05-17-00272-CV, ___ SW3d ___, 02-21-18)
|
| |
|
18-0474
|
NORMA PERALES v. ROEL LARA AND ALFONSO SANTOS OBREGON, JR.; from Nueces County; 13th Court of Appeals District (13-16-00285-CV, ___ SW3d ___, 01-11-18)
|
| |
|
18-0527
|
PAUL T. YOUNG v. WILLIAM HEINS, LEAH VIDRINE, EMILY LUECK AND WAYDE SHIPMAN; from Galveston County; 1st Court of Appeals District (01-15-00500-CV, ___ SW3d ___, 06-01-18)
|
|
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
|
|
18-0851
|
IN RE DONALD L. BLOOM; from Harris County; 1st Court of Appeals District (01-18-00563-CV, ___ SW3d ___, 08-30-18)
|
|
MISCELLANEOUS
|
|
THE FOLLOWING PETITION FOR WRIT OF QUO WARRANTO IS DENIED:
|
|
18-0600
|
IN RE CHARITY COLLEEN CROUSE
|
| |
motion for waiver of filing fee dismissed
motion for leave to file writ of certiorari denied
|
|
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
|
|
18-1069
|
IN RE MICROVAST, INC., AND YANG WU; from Harris County; 1st Court of Appeals District (01-18-00049-CV, ___ SW3d ___, 08-30-18)
|
| |
|
18-1120
|
IN RE PHILIP J. EMERSON, JR.; from Wood County; 6th Court of Appeals District (06-18-00078-CV, ___ SW3d ___, 10-19-18)
|
| |
as corrected
motions for emergency relief denied
|
|
THE DECISIONS OF THE BOARD OF DISCIPLINARY APPEALS IN THE FOLLOWING APPEALS ARE AFFIRMED:
|
|
18-0747
|
LINDA I. PEREZ v. COMMISSION FOR LAWYER DISCIPLINE
|
| |
|
18-0761
|
ROBERT A. SWEARINGEN v. COMMISSION FOR LAWYER DISCIPLINE (60011)
|
