Supreme Court

June 29, 2018 

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THE SUPREME COURT OF TEXAS
Orders Pronounced June 29, 2018
 
ORDERS ON CAUSES
15-0932
AMERICAN K-9 DETECTION SERVICES, LLC AND HILL COUNTRY DOG CENTER, LLC v. LATASHA FREEMAN; from Bandera County; 13th Court of Appeals District (13-14-00726-CV, 494 SW3d 393, 10-29-15)
 
2 petitions
 
The Court reverses the court of appeals' judgment and renders judgment.

Chief Justice Hecht delivered the opinion of the Court, in which Justice Green, Justice Johnson, Justice Lehrmann, Justice Boyd, Justice Brown, and Justice Blacklock joined.

Justice Guzman delivered a dissenting opinion.

Justice Devine delivered a dissenting opinion, in which Justice Guzman joined.
16-0328
AMANDA BRADSHAW v. BARNEY SAMUEL BRADSHAW; from Rusk County; 6th Court of Appeals District (06-15-00038-CV, 487 SW3d 306, 02-09-16)
 
The Court reverses the court of appeals' judgment and remands the case to the trial court.

Chief Justice Hecht announced the judgment of the Court and delivered an opinion, in which Justice Brown and Justice Blacklock joined.

Justice Devine delivered an opinion concurring in the judgment, in which Justice Guzman joined.

Justice Lehrmann delivered a dissenting opinion.

Justice Boyd delivered a dissenting opinion, in which Justice Green, Justice Johnson, and Justice Lehrmann joined.
16-0647
THE STATE OF TEXAS EX REL. GEORGE DARRELL BEST v. PAUL REED HARPER; from Somervell County; 10th Court of Appeals District (10-15-00105-CV, 493 SW3d 105, 04-21-16)
 
The Court affirms the court of appeals' judgment, with a modification.

Justice Brown delivered the opinion of the Court, in which Chief Justice Hecht, Justice Green, Justice Guzman, and Justice Devine joined.

Justice Boyd delivered a dissenting opinion, in which Justice Johnson and Justice Lehrmann joined.

Justice Blacklock did not participate in the decision.
16-0770
IN THE MATTER OF THE MARRIAGE OF I.C. AND Q.C. AND IN THE INTEREST OF S.C. AND K.C., CHILDREN; from Dallas County; 5th Court of Appeals District (05-15-00580-CV, ___ SW3d ___, 08-16-16)
 
The Court affirms the court of appeals' judgment.

Justice Blacklock delivered the opinion of the Court.

Justice Lehrmann delivered a concurring opinion.
17-0111
U.S. SHALE ENERGY II, LLC, RAYMOND B. ROUSH, RUTHIE ROUSH DODGE, AND DAVID E. ROUSH v. LABORDE PROPERTIES, L.P., AND LABORDE MANAGEMENT, LLC; from Karnes County; 4th Court of Appeals District (04-16-00168-CV, ___ SW3d ___, 10-12-16)
 
The Court reverses the court of appeals' judgment and reinstates the trial court's judgment.

Justice Lehrmann delivered the opinion of the Court, in which Chief Justice Hecht, Justice Green, Justice Guzman, Justice Devine, and Justice Brown joined.

Justice Boyd delivered a dissenting opinion, in which Justice Johnson and Justice Blacklock joined.
17-0155
BART DALTON v. CAROL DALTON; from Nacogdoches County; 12th Court of Appeals District (12-15-00203-CV, ___ SW3d ___, 01-11-17)
 
The Court reverses the court of appeals' judgment and renders judgment.

Justice Boyd delivered the opinion of the Court, in which Chief Justice Hecht, Justice Green, Justice Johnson, Justice Guzman, Justice Devine, Justice Brown, and Justice Blacklock joined.

Justice Lehrmann delivered a concurring opinion.
17-0488
RICHARD SEIM AND LINDA SEIM v. ALLSTATE TEXAS LLOYDS AND LISA SCOTT; from Tarrant County; 2nd Court of Appeals District (02-16-00050-CV, ___ SW3d ___, 05-04-17)
 
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court.

Per Curiam Opinion
View Electronic Briefs | Oral Argument N/A

THE MOTION IN THE FOLLOWING CAUSE IS GRANTED:
17-0105
W.A. "ANDY" MEYERS, INDIVIDUALLY AND IN HIS CAPACITY AS FORT BEND COUNTY COMMISSIONER v. JDC/FIRETHORNE, LTD., A TEXAS LIMITED PARTNERSHIP; from Fort Bend County; 14th Court of Appeals District (14-15-00860-CV, 514 SW3d 279, 12-22-16)
 
joint motion to expedite issuance of mandate granted
THE FOLLOWING CAUSE IS REINSTATED:
16-0854
HIAWATHA HENRY, ADDIE HARRIS, MONTRAY NORRIS, AND ROOSEVELT COLEMAN, JR., ON BEHALF OF THEMSELVES AND FOR ALL OTHER SIMILARLY SITUATED v. CASH BIZ, LP, CASH ZONE, LLC D/B/A CASH BIZ, AND REDWOOD FINANCIALS, LLC; from Bexar County; 4th Court of Appeals District (04-15-00469-CV, 539 SW3d 342, 07-27-16)
 
abatement order issued September 29, 2017, lifted
cause reinstated
 
The opinion of the Court issued February 23, 2018 remains in place and the judgment is issued.
The Court affirms the court of appeals' judgment.
Justice Johnson delivered the opinion of the Court, in which Chief Justice Hecht, Justice Green, Justice Guzman, Justice Lehrmann, Justice Boyd, Justice Devine, and Justice Brown joined.
Justice Blacklock did not participate.
THE FOLLOWING CAUSES ARE SET FOR SUBMISSION:
16-0006
ROHRMOOS VENTURE, ERIC LANGFORD, DAN BASSO AND TOBIN GROVE v. UTSW DVA HEALTHCARE, LLP; from Dallas County; 5th Court of Appeals District (05-14-00774-CV, ___ SW3d ___, 10-05-15)
 
[Note: This cause has been set for oral argument at 9:00 a.m., September 10, 2018.]
Time allotted to argue: 20/20 minutes
 
16-0874
MICHAEL JOE SORRELL AND SORRELL FAMILY, LTD PARTNERS v. ESTATE OF BENJAMIN HARDY CARLTON, III; from Brazoria County; 14th Court of Appeals District (14-15-00361-CV, 504 SW3d 379, 08-11-16)
 
[Note: This cause has been set for oral argument at 9:00 a.m., September 12, 2018.]
Time allotted to argue: 20/20 minutes
 
16-0966
THOMAS A. LALONDE, JR., P.E., INDIVIDUALLY AND D/B/A LEE ENGINEERING CO., LEE ENGINEERING CO., STANLEY HAROLD PRATHER AND PRATHER ENGINEERING CONSULTANTS, INC. v. PAUL GOSNELL AND KIM GOSNELL; from Denton County; 2nd Court of Appeals District (02-15-00250-CV, ___ SW3d ___, 08-31-16)
 
[Note: This cause has been set for oral argument at 9:00 a.m., September 10, 2018.]
Time allotted to argue: 20/20 minutes
 
16-0998
RSL FUNDING, LLC AND RSL SPECIAL-IV LIMITED PARTNERSHIP v. RICKEY NEWSOME; from Dallas County; 5th Court of Appeals District (05-15-00718-CV, ___ SW3d ___, 08-30-16)
 
[Note: This cause has been set for oral argument at 9:00 a.m., October 9, 2018.]
Time allotted to argue: 20/20 minutes
 
16-1013
ANADARKO PETROLEUM CORPORATION AND ANADARKO E&P COMPANY, L.P. v. HOUSTON CASUALTY COMPANY, ET AL.; from Montgomery County; 9th Court of Appeals District (09-14-00459-CV, ___ SW3d ___, 11-17-16)
 
[Note: This cause has been set for oral argument at 9:00 a.m., September 17, 2018.]
Time allotted to argue: 20/20 minutes
 
17-0020
IN RE CITY OF DICKINSON; from Galveston County; 14th Court of Appeals District (14-16-00677-CV, ___ SW3d ___, 12-13-16)
 
[Note: This cause has been set for oral argument at 9:00 a.m., September 12, 2018.]
Time allotted to argue: 20/20 minutes
 
17-0058
LARRY EDDINGTON, VINCENT J. AURENTZ AND WILLIAM J. BUTLER v. DALLAS POLICE AND FIRE PENSION SYSTEM AND SAMUEL L. FRIAR, IN HIS OFFICIAL CAPACITY AS BOARD CHAIR; from Dallas County; 5th Court of Appeals District (05-15-00839-CV, 508 SW3d 774, 12-13-16)
 
[Note: This cause has been set for oral argument at 9:00 a.m., October 11, 2018.]
Time allotted to argue: 20/20 minutes
 
(Justice Guzman and Justice Brown not sitting)
 
17-0065
COMPASS BANK v. FRANCISCO CALLEJA-AHEDO; from Harris County; 1st Court of Appeals District (01-15-00210-CV, 508 SW3d 791, 12-15-16)
 
[Note: This cause has been set for oral argument at 9:00 a.m., September 12, 2018.]
Time allotted to argue: 20/20 minutes
 
17-0093
CARL M. ARCHER TRUST NO. THREE AND MARY FRANCES G. ARCHER TRUST NO. THREE, MARY ARCHER DIXON AND CARLA ARCHER JOHNSON, TRUSTEES v. RONALD RALPH TREGELLAS, AND WIFE DONNITA TREGELLAS; from Hansford County; 7th Court of Appeals District (07-14-00421-CV, 507 SW3d 423, 12-20-16)
 
- consolidated for oral argument -
 
17-0094
CARL M. ARCHER TRUST NO. THREE AND MARY FRANCES G. ARCHER TRUST NO. THREE, MARY ARCHER DIXON AND CARLA ARCHER JOHNSON, TRUSTEES v. RONALD RALPH TREGELLAS, AND WIFE DONNITA TREGELLAS; from Hansford County; 7th Court of Appeals District (07-16-00461-CV, 507 SW3d 423, 12-20-16)
 
[Note: These causes have been set for oral argument at 9:00 a.m., September 13, 2018.]
Time allotted to argue: 20/20 minutes
 
17-0095
TARRANT REGIONAL WATER DISTRICT v. RICHARD JOHNSON AND SHARKARA JOHNSON, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVES OF THE ESTATE OF BRANDY JOHNSON; from Tarrant County; 2nd Court of Appeals District (02-16-00043-CV, 514 SW3d 346, 12-30-16)
 
[Note: This cause has been set for oral argument at 9:00 a.m., October 30, 2018.]
Time allotted to argue: 20/20 minutes
 
17-0151
JBS CARRIERS, INC. AND JAMES LUNDRY v. TRINETTE L. WASHINGTON, SOPHIA RENEE LENZY, THOMAS CHARLES LENZY, INDIVIDUALLY AND AS REPRESENTATIVES OF THE ESTATE OF MARY L. TURNER, DECEASED; from Bexar County; 4th Court of Appeals District (04-15-00463-CV, 513 SW3d 703, 01-11-17)
 
[Note: Oral argument of this cause will be conducted on Wednesday, September 19, 2018 at 9:00 a.m. at The University of Texas of the Permian Basin, Odessa, Texas. See Tex. Const. art. V, § 3(a).]
 
Time allotted to argue: 20/20 minutes
 
17-0200
EXXON MOBIL CORPORATION v. THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA; from Harris County; 1st Court of Appeals District (01-15-00453-CV, 506 SW3d 498, 07-14-16)
 
[Note: This cause has been set for oral argument at 9:00 a.m., September 17, 2018.]
Time allotted to argue: 20/20 minutes
 
(Justice Lehrmann not sitting)
 
17-0256
TEXAS HEALTH PRESBYTERIAN HOSPITAL OF DENTON, MARC WILSON, M.D., AND ALLIANCE OB/GYN SPECIALISTS, PLLC D/B/A OB/GYN SPECIALISTS, PLLC v. D.A. AND M.A., INDIVIDUALLY AND AS NEXT FRIENDS OF A.A., A MINOR; from Denton County; 2nd Court of Appeals District (02-16-00148-CV, 514 SW3d 431, 02-16-17)
 
[Note: This cause has been set for oral argument at 9:00 a.m., October 9, 2018.]
Time allotted to argue: 20/20 minutes
 
17-0266
BURLINGTON RESOURCES OIL & GAS COMPANY LP v. TEXAS CRUDE ENERGY, LLC AND AMBER HARVEST, LLC; from Live Oak County; 13th Court of Appeals District (13-16-00248-CV, 516 SW3d 638, 03-02-17)
 
[Note: This cause has been set for oral argument at 9:00 a.m., October 9, 2018.]
Time allotted to argue: 20/20 minutes
 
17-0328
TRACY WINDRUM, INDIVIDUALLY, AS REPRESENTATIVE OF THE ESTATE OF LANCER WINDRUM, AND ON BEHALF OF HER MINOR CHILDREN, B.W., J.W., AND H.W. v. VICTOR KAREH, M.D.; from Harris County; 1st Court of Appeals District (01-14-00179-CV, 518 SW3d 496, 03-16-17)
 
[Note: This cause has been set for oral argument at 9:00 a.m., October 10, 2018.]
Time allotted to argue: 20/20 minutes
 
17-0409
CHARLES J. HUGHES v. TOM GREEN COUNTY; from Tom Green County; 3rd Court of Appeals District (03-16-00132-CV, ___ SW3d ___, 04-20-17)
 
[Note: This cause has been set for oral argument at 9:00 a.m., October 30, 2018.]
Time allotted to argue: 20/20 minutes
 
17-0423
HAYS STREET BRIDGE RESTORATION GROUP v. CITY OF SAN ANTONIO; from Bexar County; 4th Court of Appeals District (04-14-00886-CV, ___ SW3d ___, 03-01-17)
 
[Note: This cause has been set for oral argument at 9:00 a.m., September 13, 2018.]
Time allotted to argue: 20/20 minutes
 
17-0463
GLASSDOOR, INC., DOE 1 AND DOE 2 v. ANDRA GROUP, LP; from Dallas County; 5th Court of Appeals District (05-16-00189-CV, ___ SW3d ___, 03-24-17)
 
[Note: Oral argument of this cause will be conducted on Wednesday, September 19, 2018 at 9:00 a.m. at The University of Texas of the Permian Basin, Odessa, Texas. See Tex. Const. art. V, § 3(a).]
 
Time allotted to argue: 20/20 minutes
 
17-0509
TEXAS OUTFITTERS LIMITED, LLC v. CAROLYN GRACE NICHOLSON, WILLIAM LUTHER CARTER, JR., AND DORA JO CARTER, INDIVIDUALLY AND AS GENERAL PARTNER OF CARTER RANCH, LTD.; from Frio County; 4th Court of Appeals District (04-16-00392-CV, 534 SW3d 65, 05-17-17)
 
[Note: This cause has been set for oral argument at 9:00 a.m., October 10, 2018.]
Time allotted to argue: 20/20 minutes
 
17-0538
SABRE TRAVEL INTERNATIONAL LTD. v. DEUTSCHE LUFTHANSA AG, AUSTRIAN AIRLINES AG, BRUSSELS AIRLINES NV/SA, AND SWISS INTERNATIONAL AIR LINES LTD.; from Tarrant County; 2nd Court of Appeals District (02-17-00153-CV, ___ SW3d ___, 06-01-17)
 
[Note: This cause has been set for oral argument at 9:00 a.m., October 30, 2018.]
Time allotted to argue: 20/20 minutes
 
(Justice Lehrmann not sitting)
 
17-0541
HENRY RAWSON, JR. AND SUSAN RAWSON v. OXEA CORPORATION; from Harris County; 1st Court of Appeals District (01-15-01005-CV, ___ SW3d ___ 12-22-16)
 
[Note: This cause has been set for oral argument at 9:00 a.m., September 10, 2018.]
Time allotted to argue: 20/20 minutes
 
17-0588
ERIC D. HILLMAN v. NUECES COUNTY, TEXAS AND NUECES COUNTY DISTRICT ATTORNEY’S OFFICE; from Nueces County; 13th Court of Appeals District (13-16-00012-CV, ___ SW3d ___, 06-08-17)
 
[Note: This cause has been set for oral argument at 9:00 a.m., October 31, 2018.]
Time allotted to argue: 20/20 minutes
 
17-0628
S&S EMERGENCY TRAINING SOLUTIONS, INC. D/B/A EMERGENCY MEDICAL TRAINING SERVICES v. SHEILA ELLIOTT; from Collin County; 5th Court of Appeals District (05-16-01373-CV, ___ SW3d ___, 05-16-17)
 
[Note: This cause has been set for oral argument at 9:00 a.m., October 11, 2018.]
Time allotted to argue: 20/20 minutes
 
17-0634
IN RE VERNA FRANCIS COLEY THETFORD; from Young County; 2nd Court of Appeals District (02-17-00182-CV, ___ SW3d ___, 06-15-17)
 
[Note: This cause has been set for oral argument at 9:00 a.m., October 10, 2018.]
Time allotted to argue: 20/20 minutes
 
17-0636
DANIEL NGHIEM v. RUPOM SAJIB AND GLOBAL AVIATION SERVICE, INC. D/B/A, GLOBAL AVIATION SERVICES AND D/B/A GLOBAL AVIATION SERVICES, INC.; from Harris County; 1st Court of Appeals District (01-16-00585-CV, ___ SW3d ___, 06-29-17)
 
[Note: This cause has been set for oral argument at 9:00 a.m., September 17, 2018.]
Time allotted to argue: 20/20 minutes
 
17-0660
ROSENBERG DEVELOPMENT CORPORATION v. IMPERIAL PERFORMING ARTS, INC.; from Fort Bend County; 14th Court of Appeals District (14-16-00978-CV, 526 SW3d 693, 07-06-17)
 
[Note: This cause has been set for oral argument at 9:00 a.m., October 11, 2018.]
Time allotted to argue: 20/20 minutes
 
17-0762
MUSA ('MOSES') N. MUSALLAM v. AMAR B. ALI; from Tarrant County; 2nd Court of Appeals District (02-16-00282-CV, ___ SW3d ___, 08-03-17)
 
[Note: This cause has been set for oral argument at 9:00 a.m., September 13, 2018.]
Time allotted to argue: 20/20 minutes
 
17-0850
KMS RETAIL ROWLETT, LP F/K/A KMS RETAIL HUNTSVILLE, LP v. CITY OF ROWLETT, TEXAS; from Dallas County; 5th Court of Appeals District (05-16-00402-CV, ___ SW3d ___, 07-19-17)
 
[Note: This cause has been set for oral argument at 9:00 a.m., October 31, 2018.]
Time allotted to argue: 20/20 minutes
ORDERS ON CASES GRANTED
THE FOLLOWING PETITION FOR REVIEW IS GRANTED:
17-0477
IN THE INTEREST OF A.C., J.Y., J.Y. JR., L.B., AND E.B., CHILDREN; from Dallas County; 5th Court of Appeals District (05-16-01531-CV, ___ SW3d ___, 05-02-17)
 
[Note: This case has been set for oral argument at 9:00 a.m., September 10, 2018.]
Time allotted to argue: 20/20 minutes
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
17-0028
DEBORAH J. GREER, DIANA MACY, MARVIN GREER, JR. AND MAP2004, LLC, D/B/A MAP2004-OK v. GLEN DAVID SHOOK, ET AL.; from Reeves County; 8th Court of Appeals District (08-15-00040-CV, 503 SW3d 571, 10-19-16)
 
3 petitions
 
18-0261
KYLE AND VALERIE CLEMENT AND RIMROCK LAND & CATTLE CO., LLC v. DAVID AND SHARON BLACKWOOD; from Taylor County; 11th Court of Appeals District (11-16-00087-CV, ___ SW3d ___, 02-08-18)
 
18-0301
IN THE INTEREST OF K.M.R., A CHILD; from Harris County; 14th Court of Appeals District (14-17-00651-CV, ___ SW3d ___, 01-30-18)
 
18-0338
IN THE INTEREST OF D.R., A CHILD; from Tarrant County; 2nd Court of Appeals District (02-17-00292-CV, ___ SW3d ___, 02-09-18)
 
2 petitions
motion to appoint counsel denied
motion to dismiss and substitute counsel denied
 
18-0510
IN THE INTEREST OF R.H.J., A CHILD; from Bexar County; 4th Court of Appeals District (04-17-00745-CV, ___ SW3d ___, 04-18-18)
THE FOLLOWING PETITION FOR REVIEW IS DISMISSED FOR WANT OF JURISDICTION:
18-0592
JEFFREY A. LIPSCOMB v. CITY OF DALLAS; from Dallas County; 5th Court of Appeals District (05-17-00484-CV, ___ SW3d ___, 01-24-18)
 
See TEX. R. APP. P. 53.7(a)
ORDERS ON MOTIONS FOR REHEARING
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR REVIEW IS DENIED:
18-0146
CARLOS A. GARCIA v. SCHLUMBERGER TECHNOLOGY CORPORATION; from Webb County; 4th Court of Appeals District (04-17-00180-CV, ___ SW3d ___, 11-29-17)
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF HABEAS CORPUS IS DENIED:
17-0418
IN THE MATTER OF J.M.W., A JUVENILE; from Smith County; 12th Court of Appeals District (12-17-00068-CV, ___ SW3d ___, 03-15-17)
MISCELLANEOUS
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
18-0423
IN RE ROBERT [BOBBY] WIGHTMAN CERVANTES AND CLINTON WIGHTMAN; from Nacogdoches County; 12th Court of Appeals District (12-17-00138-CV, ___ SW3d ___, 03-31-17)
 
motion for stay denied
 
(Chief Justice Hecht not sitting)