Supreme Court

June 5, 2020 

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Texas State Seal
THE SUPREME COURT OF TEXAS
Orders Pronounced June 5, 2020
 
ORDERS ON CAUSES
18-1134
W&T OFFSHORE, INC. v. WESLEY FREDIEU; from Harris County; 14th Court of Appeals District (14-16-00511-CV, 584 SW3d 200, 10-30-18)
 
The Court affirms the court of appeals' judgment and remands the case to the trial court.

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

Justice Boyd delivered a dissenting opinion.
 
(Justice Lehrmann did not participate)
ORDERS ON CAUSES GRANTED
THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
18-0781
ELECTRIC RELIABILITY COUNCIL OF TEXAS,INC. v. PANDA POWER GENERATION INFRASTRUCTURE FUND, LLC D/B/A PANDA POWER FUNDS, ET AL.; from Grayson County; 5th Court of Appeals District (05-17-00872-CV, 552 SW3d 297, 04-16-18)
 
~ consolidated for oral argument with ~
18-0792
IN RE PANDA POWER INFRASTRUCTURE FUND, LLC, D/B/A PANDA POWER FUNDS, ET AL.; from Grayson County; 5th Court of Appeals District (05-17-00872-CV, 552 SW3d 297, 04-16-18)
 
[Note: The date and time for oral argument are yet to be determined.]
18-0944
LEMUEL DAVID HOGAN v. STEPHANIE MONTAGNE ZOANNI; from Harris County; 1st Court of Appeals District (01-16-00584-CV, 555 SW3d 321, 07-19-18)
 
[Note: The date and time for oral argument are yet to be determined.]
 
(Justice Bland not participating)
18-1181
EMERSON ELECTRIC CO. D/B/A FUSITE AND EMERSON CLIMATE TECHNOLOGIES, INC. v. CLARENCE JOHNSON; from Tarrant County; 2nd Court of Appeals District (02-16-00173-CV, ___ SW3d ___, 10-18-18)
 
[Note: The date and time for oral argument are yet to be determined.]
18-1187
ENDEAVOR ENERGY RESOURCES, L.P. v. ENERGEN RESOURCES CORPORATION, ET AL.; from Howard County; 11th Court of Appeals District (11-17-00028-CV, 563 SW3d 449, 10-25-18)
 
[Note: The date and time for oral argument are yet to be determined.]
19-0280
LOUIS HINOJOS v. STATE FARM LLOYDS AND RAUL PULIDO; from El Paso County; 8th Court of Appeals District (08-16-00121-CV, 569 SW3d 304, 01-18-19)
 
[Note: The date and time for oral argument are yet to be determined.]
19-0400
SAN JACINTO RIVER AUTHORITY v. VICENTE MEDINA, ET AL., MICHAEL A. BURNEY, ET AL., AND CHARLES J. ARGENTO, ET AL.; from Harris County; 1st Court of Appeals District (01-18-00407-CV, 570 SW3d 820, 12-04-18)
 
[Note: The date and time for oral argument are yet to be determined.]
19-0561
IN RE THE COMMITMENT OF JEFFERY LEE STODDARD; from Tarrant County; 2nd Court of Appeals District (02-17-00364-CV, ___ SW3d ___, 05-30-19)
 
[Note: The date and time for oral argument are yet to be determined.]
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
19-0025
CITY OF AUSTIN, TEXAS AND SPENCER CRONK, CITY MANAGER OF THE CITY OF AUSTIN v. TEXAS ASSOCIATION OF BUSINESS; NATIONAL FEDERATION OF INDEPENDENT BUSINESS, AMERICAN STAFFING ASSOCIATION; LEADINGEDGE PERSONNEL, LTD.; STAFF FORCE, INC., HT STAFFING LTD. D/B/A THE HT GROUP; THE BURNETT COMPANIES CONSOLIDATED, INC. D/B/A BURNETT SPECIALISTS; SOCIETY FOR HUMAN RESOURCE MANAGEMENT; TEXAS STATE COUNCIL OF THE SOCIETY FOR HUMAN RESOURCE MANAGEMENT; AUSTIN HUMAN RESOURCE MANAGEMENT ASSOCIATION; STRICKLAND SCHOOL, LLC; AND THE STATE OF TEXAS; from Travis County; 3rd Court of Appeals District (03-18-00445-CV, 565 SW3d 425, 11-16-18)
 
19-0107
LEROY TORRES v. TEXAS DEPARTMENT OF PUBLIC SAFETY; from Nueces County; 13th Court of Appeals District (13-17-00659-CV, 583 SW3d 221, 11-20-18)
 
19-0186
BTX SCHOOLS, INC. AND BASIS SCHOOLS, INC. v. KONARK LIMITED PARTNERSHIP; from Bexar County; 4th Court of Appeals District (04-17-00558-CV, 580 SW3d 194, 11-07-18)
 
19-0225
COLUMBIA VALLEY HEALTH CARE SYSTEM, L.P. D/B/A VALLEY REGIONAL MEDICAL CENTER v. MARIA ZAMARRIPA, AS GUARDIAN OF THE ESTATES OF R.F.R. AND R.J.R., MINORS; from Cameron County; 13th Court of Appeals District (13-18-00231-CV, ____ SW3d ____, 02-28-19)
 
19-0538
CHESAPEAKE EXPLORATION, LLC, ET AL. v. STANTON P. BELL, ET AL.; from Bexar County; 4th Court of Appeals District (04-18-00129-CV, ____ SW3d ____, 03-13-19)
 
(Justice Bland not participating)
19-0649
BBB INDUSTRIES, LLC v. CARDONE INDUSTRIES, INC.; from Tarrant County; 2nd Court of Appeals District (02-18-00025-CV, ____ SW3d ____, 05-09-19)
 
19-0713
JEFFREY ERDNER, D.O. AND THE EMERGENCY CENTER AT WEST 7TH, LLC v. HIGHLAND PARK EMERGENCY CENTER, LLC; from Dallas County; 5th Court of Appeals District (05-18-00654-CV, 580 SW3d 269, 05-22-19)
 
19-0759
GRACIE NGUYEN; PATRICK SANCHEZ; TAMARA AND DERRICK O’NEAL, INDIVIDUALLY AND AS REPRESENTATIVES OF THE ESTATE OF DE’ANDRE TATUM, DECEASED; ERICA D. HALL; CURTISHA DAVIS; ARTHUR ZAMARRIPA, AS NEXT FRIEND OF A.Z.; AND WILLIAM JOSMA v. SXSW HOLDINGS, INC.; SXSW LLC; PATRICK LOWE; TRANSPORTATION DESIGN CONSULTANTS; AND CITY OF AUSTIN; from Travis County; 14th Court of Appeals District (14-17-00575-CV, 580 SW3d 774, 07-18-19)
 
(Justice Busby not participating)
19-0766
DALLAS WORLD AQUARIUM CORP. v. GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS, AND KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS; from Travis County; 3rd Court of Appeals District (03-18-00209-CV, ____ SW3d ____, 06-19-19)
 
19-0955
ANCOR HOLDINGS, LP, TIMOTHY MCKIBBEN, JOSEPH RANDALL KEENE, AND ANCOR PARTNERS, INC. v. PETERSON, GOLDMAN & VILLANI, INC.; from Tarrant County; 2nd Court of Appeals District (02-18-00102-CV, 584 SW3d 556, 07-18-19)
 
19-0974
CALENA MORRIS, R.N., MICHEAUX THOMAS, R.N. AND WENDY CALVERT, R.N. v. BRENDA PONCE AND RICCO GONZALEZ, AS NATURAL PARENTS, NEXT FRIENDS AND LEGAL GUARDIANS OF E.G., A MINOR; from Harris County; 14th Court of Appeals District (14-17-00997-CV, 584 SW3d 922, 09-24-19)
 
(Justice Guzman not participating)
19-0998
READYONE INDUSTRIES, INC. v. MARIA G. GUILLEN-CHAVEZ; from El Paso County; 8th Court of Appeals District (08-17-00046-CV, 588 SW3d 281, 06-21-19)
 
19-1006
MADISON PLAZA, LP v. WALLACE CONSTRUCTION & DEVELOPMENT COMPANY; from Jefferson County; 9th Court of Appeals District (09-18-00364-CV, ____ SW3d ____, 05-30-19)
 
19-1038
THE FAN EXPO, LLC v. NATIONAL FOOTBALL LEAGUE; from Dallas County; 5th Court of Appeals District (05-17-01304-CV, ____ SW3d ____, 05-22-19)
 
19-1044
GIA THORNTON, INDIVIDUALLY, AS THE REPRESENTATIVE FOR ALL WRONGFUL DEATH BENEFICIARIES, AND AS AN HEIR AT LAW AND REPRESENTATIVE OF THE ESTATE OF MCQUESTER J. SOLOMON, DECEASED v. COLUMBIA MEDICAL CENTER OF PLANO SUBSIDIARY, L.P. D/B/A MEDICAL CITY PLANO, FORMERLY KNOWN AS MEDICAL CENTER OF PLANO, AND JANE LEE, R.N.; from Collin County; 5th Court of Appeals District (05-18-01010- CV,____ SW3d ____, 09-12-19)
 
19-1094
IN THE MATTER OF D.K., A CHILD; from Denton County; 2nd Court of Appeals District (02-19-00119-CV, 589 SW3d 861, 10-31-19)
 
19-1127
MATT MALOUF, ET AL. v. STERQUELL PSF SETTLEMENT, L.C.; from Dallas County; 5th Court of Appeals District (05-17-01343-CV, ___ SW3d ___, 11-07-19)
 
20-0064
T. MARK ANDERSON AND CHRISTINE ANDERSON, AS CO-EXECUTORS OF THE ESTATE OF TED ANDERSON v. RICHARD T. ARCHER, ET AL.; from Travis County; 3rd Court of Appeals District (03-19-00003-CV, ___ SW3d ___, 11-21-19)
 
2 petitions
 
20-0069
CHRISTOPHER MITCHELL AND TIFFANY MITCHELL v. CALVIN PRESTON; from Harris County; 1st Court of Appeals District (01-19-00544-CV, ___ SW3d ___, 12-17-19)
 
as redrafted
 
20-0192
PMC CHASE, LLP AND STEVE TURNBOW v. BRANCH STRUCTURAL SOLUTIONS, LLC; from Dallas County; 5th Court of Appeals District (05-18-01383-CV, ___ SW3d ___, 01-28-20)
 
20-0350
EWING CONSTRUCTION CO., INC. v. BENAVIDES INDEPENDENT SCHOOL DISTRICT; from Duval County; 4th Court of Appeals District (04-19-00797-CV, ___ SW3d ___, 03-18-20)
 
20-0352
IN THE INTEREST OF H.L.M., A CHILD; from Travis County; 3rd Court of Appeals District (03-19-00490-CV, ___ SW3d ___, 12-11-19)
 
20-0395
IN THE INTEREST OF D.C., J.C. III, J.C., AND J.C., CHILDREN; from Dallas County; 5th Court of Appeals District (05-19-01217-CV, ___ SW3d ___, 03-04-20)
 
20-0409
IN THE INTEREST OF I.N.D., D.M.R., A.M.R., L.F.R., AND A.R.R., CHILDREN; from Bexar County; 4th Court of Appeals District (04-20-00121-CV, ___ SW3d ___, 05-13-20)
 
20-0418
IN THE INTEREST OF Y.M.L., A CHILD; from Bexar County; 4th Court Appeals District (04-19-00168-CV, ___ SW3d ___, 04-08-20)
THE FOLLOWING PETITIONS FOR REVIEW ARE DISMISSED:
18-0028
MACINA, BOSE, COPELAND AND ASSOCIATES D/B/A MBC ENGINEERS, MCCORD ENGINEERING, INC. AND JORDAN & SKALA ENGINEERS, INC. v. ERIKA YANEZ, INDIVIDUALLY AND AS NEXT FRIEND OF JOSE MANUEL LOPEZ, E.L.Y., A MINOR, AND X.L.Y., A MINOR; from Dallas County; 5th Court of Appeals District (05- 17-00180-CV, ___ SW3d ___, 10-26-17)
 
4 petitions
joint motion to lift abatement granted
abatement order issued February 19, 2020, lifted
joint motion to dismiss appeal granted
 
19-0917
IN THE INTEREST OF A.L.P., A CHILD; Fort Bend County; 1st Court of Appeals District (01-19-00144-CV, ___ SW3d ___, 08-22-19)
 
See TEX. R. APP. P. 53.7(a)
ORDERS ON MOTIONS FOR REHEARING
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR REVIEW IS GRANTED:
19-0238
CATHAY BANK v. LYDA SWINERTON BUILDERS, INC.; from Harris County; 14th Court of Appeals District (14-17-00030-CV, 566 SW3d 836, 12-18-18)
 
denial of petition for review on February 14, 2020, withdrawn
petitions reinstated
 
(Justice Busby not participating)
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
18-0658
BELL HELICOPTER TEXTRON INC. v. BRIAN BURNETT; from Tarrant County; 2nd Court of Appeals District (02-16-00489-CV, 552 SW3d 901, 06-14-18)
 
(Justice Green not participating)
19-0828
PE SERVICES, LLC, LANDRY ARCHITECTS, AND FABRISTRUCTURE, INC. v. KERRVILLE FITNESS PROPERTY, LLC, J. HOUSER CONSTRUCTION, INC., AND JOSH HOUSER D/B/A HOUSER CONSTRUCTION; from Dallas County; 5th Court of Appeals District (05-17-01317-CV, ____ SW3d ____, 08-21-19)
 
19-1063
CHARLIE WILSON, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DEBRA WILSON v. DALLAS COUNTY HOSPITAL DISTRICT D/B/A PARKLAND HEALTH & HOSPITAL SYSTEM; from Dallas County; 1st Court of Appeals District (05-18-01049-CV, ____ SW3d ____, 12-03-19)
 
19-1114
BOW GROVE v. MARION GINE FRANKE AND BRENDA KAY LYNCH; from Montgomery County; 9th Court of Appeals District (09-18-00119-CV, ___ SW3d ___, 10-17-19)
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
19-0636
IN RE RIG QA INTERNATIONAL, INC.; from Harris County; 14th Court of Appeals District (14-19-00174-CV, ___ SW3d ___, 05-16-19)
 
19-1091
IN RE GEORGE WEIMER, BOB ROBERTS, JR., JAMES HUGHES, DUSTIN NAVARRO, JOSE PEREZ, MORRIS SALZMAN, GORDAN HITZFELDER, BRIAN SULLIVAN, AND BONNIE TAPP; from Bandera County; 4th Court of Appeals District (04-19-00750-CV, ___ SW3d ___, 11-13-19)
 

20-0042

IN RE BRIAN E. VODICKA AND STEVEN B. AUBREY; from Dallas County; 5th Court of Appeals District (05-19-01067-CV, ___ SW3d ___, 01-10-20)
 
motion for orders denied
stay order issued January 30, 2020, lifted
stay order issued February 4, 2020, lifted
 
20-0429
IN RE LANCE GOODEN; from Travis County; 14th Court of Appeals District (14-20-00358-CV, ___ SW3d ___, 05-12-20)
 
[Note: The petition is denied. The Court’s stay order issued in In re State of Texas, 20-0401, remains in effect while that petition is pending .]