Supreme Court

October 19, 2018 

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Texas State Seal
THE SUPREME COURT OF TEXAS
Orders Pronounced October 19, 2018
 
ORDERS ON CAUSES
THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:
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)
 
16-0256
RICHARD T. ARCHER, DAVID B. ARCHER, CAROL ARCHER BUGG, JOHN V. ARCHER, KAREN ARCHER BALL, AND SHERRI ARCHER v. T. MARK ANDERSON AND CHRISTINE ANDERSON, AS CO-EXECUTORS OF THE ESTATE OF TED ANDERSON; from Travis County; 3rd Court of Appeals District (03-13-00790-CV, 490 SW3d 175, 03-02-16)
 
16-0341
LARRY BOS AND MARY BOS v. CRAIG S. SMITH, INDIVIDUALLY AND AS NEXT FRIEND OF M.W.F.S., A MINOR, AND C.S.S., A MINOR, J.E.S., A MINOR, AND V.A.S., A MINOR; from Nueces County; 13th Court of Appeals District (13-14-00456-CV, 492 SW3d 361, 03-10-16)
 
16-0829
IN RE STATE OF TEXAS; from Montgomery County; 9th Court of Appeals District (09-16-00072-CV, 501 SW3d 116, 09-01-16)
 
(Justice Blacklock not sitting)
 
17-0033
BRIAN DEROECK, MELINDA YOUNG, AND KATHRYN BOYKIN, CO-TRUSTEES OF THE WALTER A. DEROECK QTIP TRUST, ASSIGNEE OF TEXAS CAPITAL BANK NATIONAL ASSOCIATION v. DHM VENTURES, LLC, JAMES W. MORITZ, AND NATHAN W. HALSEY; from Travis County; 3rd Court of Appeals District (03-15-00713-CV, ___ SW3d ___, 08-09-16)
 
17-0049
STEPHEN MORALE D/B/A ACTION COLLISION REPAIR AND KIMBERLY MORALE v. THE STATE OF TEXAS; from Denton County; 2nd Court of Appeals District (02-15-00322-CV, 553 SW3d 489, 12-29-16)
 
17-0462
WAUSAU UNDERWRITERS INSURANCE COMPANY v. JAMES WEDEL AND MICHELLE WEDEL; from El Paso County; 8th Court of Appeals District (08-16-00120-CV, 518 SW3d 615, 04-26-17)
ORDERS ON CASES GRANTED
THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
17-0552
TEXAS DEPARTMENT OF CRIMINAL JUSTICE v. MAURIE LEVIN, NAOMI TERR, AND HILARY SHEARD; from Travis County; 3rd Court of Appeals District (03-15-00044-CV, 520 SW3d 225, 05-25-17)
 
motion for rehearing granted
denial of petition for review on June 1, 2018, withdrawn
petition reinstated
 
[Note: This case has been set for oral argument at 9:00 a.m., January 23, 2019.]
Time allotted to argue: 20/20 minutes
 
(Justice Blacklock not sitting)
 
17-0666
INTERNATIONAL BUSINESS MACHINES CORP. v. LUFKIN INDUSTRIES, INC.; from Angelina County; 12th Court of Appeals District (12-15-00223-CV, ___ SW3d ___, 07-12-17)
 
[Note: This case has been set for oral argument at 9:00 a.m., December 6, 2018.]
Time allotted to argue: 20/20 minutes
 
(Justice Blacklock not sitting)
 
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: This case has been set for oral argument at 9:00 a.m., January 23, 2019.]
Time allotted to argue: 20/20 minutes
ORDERS ON PETITIONS FOR REVIEW
SOLICITOR GENERAL INVITED TO FILE BRIEF:
17-0905
SAN ANTONIO RIVER AUTHORITY v. AUSTIN BRIDGE & ROAD, L.P. AND HAYWARD BAKER INC.; from Medina County; 4th Court of Appeals District (04-16-00535-CV, ___ SW3d ___, 08-09-17)
 
The Solicitor General is invited to file a brief in this case expressing the views of the State.
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
17-0359
IN THE INTEREST OF L.G., A CHILD; from Bexar County; 4th Court of Appeals District (04-17-00073-CV, 517 SW3d 275, 03-22-17)
 
17-0459
UNITED SERVICES AUTOMOBILE ASSOCIATION v. SUNNY LETOT; from Dallas County; 5th Court of Appeals District (05-14-01394-CV, ___ SW3d ___, 04-27-17)
 
17-0554
CITY OF DALLAS v. ROMULUS GROUP, INC.; from Dallas County; 5th Court of Appeals District (05-16-00088-CV, ___ SW3d ___, 05-02-17)
 
17-0723
THE SOURCE FOR PUBLICDATA.COM, LP AND SHADOWSOFT, INC., v. D.K.W.; from Dallas County; 5th Court of Appeals District (05-16-00815-CV, 526 SW3d 619, 06-28-17)
 
17-0814
HELIX ENERGY SOLUTIONS GROUP, INC. AND HELIX SUBSEA CONSTRUCTION, INC. v. BH CONTRACTORS, LLC; from Harris County; 14th Court of Appeals District (14-15-01035-CV, ___ SW3d ___, 08-22-17)
 
17-0837
IN THE INTEREST OF C.S., G.M.S., J.C.S., J.S., AND R.S., CHILDREN; from Parmer County; 7th Court of Appeals District (07-17-00329-CV, ___ SW3d ___, 09-26-17)
 
as reinstated
 
18-0052
T&T ROCK DISTRIBUTION, LLC v. RUTILIO I. VELASCO; from Johnson County; 10th Court of Appeals District (10-16-00408-CV, ___ SW3d ___, 12-20-17)
 
stay order issued June 15, 2018, lifted
 
18-0161
IN THE INTEREST OF L.M.R.B, B.A.B, R.A.B & E.P.B., CHILDREN; from Harris County; 14th Court of Appeals District (14-18-00024-CV, ___ SW3d ___, 02-13-18)
 
2 petitions
 
18-0211
NELLY DELGADO SOSA v. CES ENVIRONMENTAL SERVICES, INC.; from Harris County; 14th Court of Appeals District (14-16-00676-CV, 543 SW3d 397, 02-01-18)
 
18-0220
CLEVELAND FRANKLIN v. AMERICAN ELEVATOR INSPECTIONS, INC.; from Harris County; 14th Court of Appeals District (14-16-00684-CV, ___ SW3d ___, 12-21-17)
 
18-0238
LORENA MUÑOZ, IND. AND ON BEHALF OF THE EST. OF LORENZO MUÑOZ, AND AS N/F OF CM, A MINOR CHILD, LESLIE MUÑOZ, AND VIRGINIA MUÑOZ v. MOORE FREIGHT SERVICES, INC., CHARLES “CHIP” STRADER, AND XMEX TRANSPORTS, L.L.C.; from El Paso County; 8th Court of Appeals District (08-14-00254-CV, 545 SW3d 85, 07-26-17)
 
2 petitions
 
18-0268
HOWARD MINTZ, M.D. v. JULYE NESBITT CAREW, M.D., P.A., MICHELLE CHESNUT, M.D., P.A., AND MICHELLE CHESTNUT, M.D.; from Dallas County; 5th Court of Appeals District (05-16-00997-CV, ___ SW3d ___, 02-13-18)
 
18-0299
L.L.M. v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Travis County; 3rd Court of Appeals District (03-18-00026-CV, ___ SW3d ___, 02-09-18)
 
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)
 
as redrafted
 
18-0484
THE FAN EXPO, LLC v. NATIONAL FOOTBALL LEAGUE, NFL ENTERPRISES, LLC, NFL NETWORK SERVICES, INC. D/B/A NFL NETWORK, NFL DIGITAL MEDIA, AND NFL.COM; from Dallas County; 5th Court of Appeals District (05-16-00763-CV, ___ SW3d ___, 04-20-18)
 
18-0512
METROPOLITAN TRANSIT AUTHORITY OF HARRIS COUNTY v. VIOLA M. DOUGLAS; from Harris County; 14th Court of Appeals District (14-17-00176-CV, 544 SW3d 486, 02-27-18)
 
18-0530
LARRY JOE MORGAN v. BENSON VARGHESE; from Tarrant County; 2nd Court of Appeals District (02-17-00079-CV, ___ SW3d ___, 05-24-18)
 
18-0538
DEVON ENERGY PRODUCTION COMPANY, L.P. v. APACHE CORPORATION; from Glasscock County; 11th Court of Appeals District (11-16-00105-CV, 550 SW3d 259, 04-30-18)
 
18-0548
IN THE INTEREST OF A.M. AND W.M., CHILDREN; from Hunt County; 6th Court of Appeals District (06-18-00043-CV)
 
18-0649
FREDERICK R. LYNCH v. TIM O'HARE, DAVID R. RAGSDALE AND THE LAW OFFICES OF TIM O'HARE; from Dallas County; 5th Court of Appeals District (05-17-00175-CV, ___ SW3d ___, 01-18-18)
 
18-0665
AVAGENE HARRIS v. HOUSTON METHODIST HOSPITAL; from Harris County; 1st Court of Appeals District (01-17-00544-CV, ___ SW3d ___, 07-03-18)
 
18-0672
KEVIN MARTIN, ET AL. v. NEWFIELD EXPLORATION COMPANY AND DYNAMIC PRODUCTION, INC.; from Live Oak County; 13th Court of Appeals District (13-17-00104-CV, ___ SW3d ___, 06-07-18)
 
18-0686
REBECCA LEIGH FLORES AND FERNANDO MEDINA v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY; from Hidalgo County; 13th Court of Appeals District (13-17-00167-CV, ___ SW3d ___, 06-07-18)
 
18-0695
ANTHONY D. ECKMAN v. NORTHGATE TERRACE APARTMENTS, LLC; from Travis County; 3rd Court of Appeals District (03-18-00254-CV, ___ SW3d ___, 06-28-18)
 
18-0707
V.C. v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Travis County; 3rd Court of Appeals District (03-17-00889-CV, ___ SW3d ___, 06-22-18)
 
18-0744
JAMES B. OSTBERG v. BANK OF AMERICA, N.A., U.S. BANK TRUST, N.A. AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST, CALIBER HOME LOANS INC., AND COUNTRYWIDE HOME LOANS INC.; from Dallas County; 5th Court of Appeals District (05-17-00255-CV, ___ SW3d ___, 05-31-18)
 
18-0755
PETER OBASOGIE v. AMTEX AUTO INSURANCE COMPANY; from Harris County; 14th Court of Appeals District (14-17-00405-CV, ___ SW3d ___, 07-03-18)
 
18-0800
MOHAMED MOHAMED, INDIVIDUALLY AND ON BEHALF OF A.M., A MINOR v. CENTER FOR SECURITY POLICY, JIM HANSON AND BEN SHAPIRO; from Dallas County; 5th Court of Appeals District (05-17-00278-CV, 554 SW3d 767, 07-11-18)
 
18-0848
TRAVIS KITCHENS v. JC PROJECT MANAGEMENT SERVICES, INC. AND JACK CARPENTER; from Trinity County; 12th Court of Appeals District (12-17-00130-CV, ___ SW3d ___, 06-29-18)
 
18-0854
JASON C. WEBSTER, P.C. D/B/A THE WEBSTER LAW FIRM AND JASON C. WEBSTER v. ANDRINA DE ANDA F/K/A ANDRINA GARZA; from Harris County; 14th Court of Appeals District (14-17-00020-CV, ___ SW3d ___, 07-26-18)
 
18-0855
SHEREE FREEMAN AND PHILLIP FREEMAN v. CITY OF WAXAHACHIE, TEXAS; from Ellis County; 10th Court of Appeals District (10-18-00195-CV, ___ SW3d ___, 07-25-18)
 
18-0954
IN THE INTEREST OF N.M.H. AND J.K.H., AND J.J.W.; from Bexar County; 4th Court of Appeals District (04-18-00264-CV, ___ SW3d ___, 08-22-18)
 
18-0966
IN THE INTEREST OF R.V.P. AND B.G.B. A/K/A B.P., CHILDREN; from Harris County; 14th Court of Appeals District (14-18-00218-CV, ___ SW3d ___, 08-30-18)
 
motion to withdraw as counsel granted
 
18-0972
IN THE INTEREST OF T.C., A CHILD; from Potter County; 7th Court of Appeals District (07-18-00233-CV, ___ SW3d ___, 08-23-18)
 
18-0973
IN THE INTEREST OF T.C. AND J.C., CHILDREN; from Potter County; 7th Court of Appeals District (07-18-00232-CV, ___ SW3d ___, 08-23-18)
 
18-0978
IN THE INTEREST OF C.I.C. AND V.A.L., CHILDREN; from Bexar County; 4th Court of Appeals District (04-18-00135-CV, ___ SW3d ___, 08-22-18)
THE FOLLOWING PETITIONS FOR REVIEW ARE DISMISSED:
18-0079
TEXAS INSURANCE GROUP, INC. v. BEDFORD INTERNET OFFICE SPACE, LLC; from Tarrant County; 2nd Court of Appeals District (02-17-00009-CV, 537 SW3d 717, 12-21-17)
 
agreed motion to dismiss granted
 
18-0467
EAGLE OIL & GAS CO. AND EAGLE WES-TEX, L.P. v. SHALE EXPLORATION, LLC; from Harris County; 1st Court of Appeals District (01-15-00888-CV, 549 SW3d 256, 04-19-18)
 
motion to dismiss granted
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
17-0803
IN THE INTEREST OF J.M.M., A CHILD; from Collin County; 5th Court of Appeals District (05-15-01198-CV, ___ SW3d ___, 04-26-17)
 
17-0864
JOAN JOHNSON, KALETA JOHNSON, SETH JOHNSON AND WIRT BLAFFER v. MICHAEL PHILLIPS, SPINDLE TOP PUBLISHING, ET AL.; from Harris County; 1st Court of Appeals District (01-15-00173-CV, 526 SW3d 529, 05-23-17)
 
18-0123
ZZ & Z PROPERTIES, LTD. v. SUNG JOON JANG AND SUNMI A. JANG; from McLennan County; 13th Court of Appeals District (13-16-00043-CV, ___ SW3d ___, 01-04-18)
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
17-1015
IN RE I.W. AND A.W., CHILDREN; from Travis County
 
as supplemented
 
18-0587
IN RE JOHN CALCE; 5th Court of Appeals District (05-18-00647-CV, ___ SW3d ___,06-12-18)
 
18-0627
IN RE PENSION ADVISORY GROUP, INC., ET AL.; from Aransas County; 13th Court of Appeals District (13-14-00566-CV, ___ SW3d ___,09-30-16)
 
18-0750
IN RE DAVID GOAD; from Travis County
 
18-0787
IN RE ANITA CAMPBELL; from Comal County; 3rd Court of Appeals District (03-18-00130-CV, ___ SW3d ___, 07-10-18)
 
18-0851
IN RE DONALD L. BLOOM; from Harris County; 1st Court of Appeals District (01-18-00563-CV, ___ SW3d ___, 08-30-18)
 
18-0862
IN RE B.L.; from Tarrant County; 2nd Court of Appeals District (02-18-00262-CV, ___ SW3d ___, 08-27-18)
THE FOLLOWING PETITION FOR WRIT OF HABEAS CORPUS IS DENIED:
18-0250
IN RE STEVEN WALLACE HOPKINS; from Harris County; 1st Court of Appeals District (01-17-00963-CR, ___ SW3d ___, 02-22-18)
THE DECISION OF THE BOARD OF DISCIPLINARY APPEALS IN THE FOLLOWING APPEAL IS AFFIRMED:
18-0410
LLOYD EUGENE WARD v. COMMISSION FOR LAWYER DISCIPLINE