Supreme Court

September 24, 2021 

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Texas State Seal
THE SUPREME COURT OF TEXAS
Orders Pronounced September 24, 2021
 
ORDERS ON CAUSES
THE FOLLOWING CAUSES ARE RESET FOR ORAL ARGUMENT:
20-0178
IN THE MATTER OF THE ESTATE OF RICHARD C. POE, DECEASED; from El Paso County; 8th Court of Appeals District (08-18-00015-CV, 591 SW3d 607, 08-28-19)
 
2 petitions
unopposed motion to reschedule oral argument granted
 
[Note: This cause has been reset for oral argument at 9:00 a.m., December 2, 2021.]
Time allotted to argue: 20/20 minutes
 
20-0179
IN THE MATTER OF TROY S. POE TRUST; from El Paso County; 8th Court of Appeals District (08-18-00074-CV, 591 SW3d 168, 08-28-19)
 
2 petitions
unopposed motion to reschedule oral argument granted
 
[Note: This cause has been reset for oral argument at 9:00 a.m., December 2, 2021.]
Time allotted to argue: 20/20 minutes
THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:
19-0334
BROADWAY NATIONAL BANK, TRUSTEE OF THE MARY FRANCES EVERS TRUST, ET AL. v. YATES ENERGY CORPORATION, EOG RESOURCES, INC., JALAPENO CORPORATION, ACG3 MINERAL INTERESTS, LTD., GLASSELL NON-OPERATED INTERESTS, LTD., AND CURRY GLASSELL; from Bexar County; 4th Court of Appeals District (04-17-00310-CV, 609 SW3d 140, 12-19-18)
 
19-0662
IN RE ONCOR ELECTRIC DELIVERY COMPANY LLC; from Dallas County; 5th Court of Appeals District (05-19-00288-CV, 601 SW3d 903, 07-23-19)
 
20-0158
RODNEY DRAUGHON v. JOYCIE JOHNSON; from Kaufman County; 5th Court of Appeals District (05-18-01184-CV, ___ SW3d ___, 01-22-20)
 
21-0693
IN RE CLEO PETRICEK; 3rd Court of Appeals District (03-21-00403-CV, ___ SW3d ___, 08-27-21)
ORDERS ON CASES GRANTED
THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
20-0639
NETTYE ENGLER ENERGY, LP v. BLUESTONE NATURAL RESOURCES II, LLC; from Tarrant County; 2nd Court of Appeals District (02-19-00236-CV, ___ SW3d ___, 07-09-20)
 
[Note: This case has been set for oral argument at 9:00 a.m., October 28, 2021.]
Time allotted to argue: 20/20 minutes
 
20-0725
PATRICK VON DOHLEN, BRIAN GRECO, KEVIN JASON KHATTAR, MICHAEL KNUFFKE, AND DANIEL PETRI v. CITY OF SAN ANTONIO; from Bexar County; 4th Court of Appeals District (04-20-00071-CV, 612 SW3d 503, 08-19-20)
 
[Note: This case has been set for oral argument at 9:00 a.m., October 28, 2021.]
Time allotted to argue: 20/20 minutes
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
19-0381
CESSNA AIRCRAFT COMPANY AND TEXTRON AVIATION INC. v. JORGE GARCIA, ET AL.; from Hidalgo County; 13th Court of Appeals District (13-17-00259-CV, ___ SW3d ___, 12-19-18)
 
20-0612
ANITA DEANN STONE v. ERIC STONE; from Tarrant County; 2nd Court of Appeals District (02-18-00163-CV, ___ SW3d ___, 05-28-20)
 
21-0053
OSCAR ORTEGA AND ROGGIE LAW v. ALAN PEAN; from Harris County; 1st Court of Appeals District (01-18-00249-CV, ___ SW3d ___, 04-11-19)
 
21-0065
STEPHEN STELLY v. JOHN E. DELOACH, INDIVIDUALLY, JOHN E. DELOACH AS GENERAL PARTNER OF JOHN E. DELOACH FAMILY LIMITED PARTNERSHIP, AND JOHN E. DELOACH FAMILY LIMITED PARTNERSHIP; from Chambers County; 1st Court of Appeals District (01-19-00182-CV, ___ SW3d ___, 08-13-20)
 
21-0148
RETURN LEE TO LEE PARK, WARREN JOHNSON, AND KATHERINE GANN v. MIKE RAWLINGS, SCOTT GRIGGS, ADAM MEDRANO, CASEY THOMAS II, DWAINE CARAWAY, RICKEY CALLAHAN, OMAR NARVAEZ, KEVIN FELDER, TENNELL ATKINS, MARK CLAYTON, ADAM MCGOUGH, LEE KLEINMAN, SANDY GREYSON, JENNIFER GATES, PHILIP KINGSTON, AND THE CITY OF DALLAS; from Dallas County; 5th Court of Appeals District (05-19-00456-CV, ___ SW3d ___, 12-28-20)
 
21-0151
FLUOR DANIEL SERVICES CORPORATION v. ROGELIO SALAS; from Harris County; 14th Court of Appeals District (14-18-01103-CV, ___ SW3d ___, 12-29-20)
 
21-0164
TONYA BAUER, INDIVIDUALLY AND AS GUARDIAN OF THE PERSON AND ESTATE OF EMILY BAUER, AN INCAPACITATED PERSON, AND WILLIAM BRYANT v. GULSHAN ENTERPRISES, INC.; from Harris County; 1st Court of Appeals District (01-18-00136-CV, 617 SW3d 1, 12-31-20)
 
21-0225
CHRIS CARTER AND KAREN PIERONI v. DALLAS CITY PLAN COMMISSION AND CITY OF DALLAS; from Dallas County; 5th Court of Appeals District (05-20-00190-CV, ___ SW3d ___, 03-01-21)
 
21-0231
DENNIS FULLER AND LUCIE LAFRENIERE v. RONY-CLAUDE LE BRUN AND EQUINOX DESIGN, INC.; from Harris County; 14th Court of Appeals District (14-18-01023-CV, 616 SW3d 31, 12-08-20)
 
2 petitions
 
21-0246
CRIMSON EXPLORATION OPERATING, INC. v. BPX OPERATING COMPANY F/K/A BHP BILLITON PETROLEUM (TXLA OPERATING) COMPANY D/B/A PETROHAWK OPERATING COMPANY; from Harris County; 14th Court of Appeals District (14-20-00070-CV, ___ SW3d ___, 03-02-21)
 
21-0247
THE CITY OF MASON, TEXAS v. BLUE OAK ENGINEERING, LLC; from Mason County; 4th Court of Appeals District (04-20-00227-CV, ___ SW3d ___, 12-16-20)
 
21-0251
RIO GRANDE CITY CONSOLIDATED INDEPENDENT SCHOOL DISTRICT (NEW RIO GRANDE HIGH SCHOOL) v. EDWARD PUENTES, P.E., DAVID CASH, P.E., AND DBR ENGINEERING CONSULTANTS, INC.; from Starr County; 13th Court of Appeals District (13-19-00033-CV, ___ SW3d ___, 11-24-20)
 
21-0338
HB AVIATION, LLC v. GLENN HEGAR, TEXAS COMPTROLLER OF PUBLIC ACCOUNTS; AND KEN PAXTON, TEXAS ATTORNEY GENERAL; from Travis County; 3rd Court of Appeals District (03-19-00414-CV, ___ SW3d ___, 11-20-20)
 
21-0353
HOME OWNERS MANAGEMENT ENTERPRISES, INC. D/B/A HOME OF TEXAS AND WARRANTY UNDERWRITERS INSURANCE COMPANY v. NATHAN ROBINSON AND MISTI ROBINSON, INDIVIDUALLY AND AS REPRESENTATIVES OF ALL PERSONS SIMILARLY SITUATED; from Jack County; 2nd Court of Appeals District (02-20-00215-CV, ___ SW3d ___, 03-11-21)
 
21-0394
IN THE ESTATE OF CONSTANCE LOU HOWELLS, DECEASED; from Collin County; 5th Court of Appeals District (05-20-00720-CV, ___ SW3d ___, 03-24-21)
 
21-0412
DONNA FORDYCE v. JORDAN LEIGH HATCHEL; from Grayson County; 5th Court of Appeals District (05-20-00635-CV, ___ SW3d ___, 11-24-20)
 
21-0479
LOYD LANDON SORROW, SR. v. HARRIS COUNTY SHERIFF; from Harris County; 14th Court of Appeals District (14-18-00901-CV, 622 SW3d 496, 03-02-21)
 
21-0490
ROBERT SALAZAR, ELIA SALAZAR AND/OR ALL OCCUPANTS OF 6327 DARBY WAY, SPRING, TX 77338 v. HPA TEXAS SUB 2016-1 LLC; from Harris County; 1st Court of Appeals District (01-19-00330-CV, ___ SW3d ___, 12-29-20)
 
petitioners' motion to vacate dismissed as moot
 
21-0605
BRAZOS VALLEY ROADRUNNERS, LP v. RANDALL HARGROVE; from Brazos County; 6th Court of Appeals District (06-20-00088-CV, ___ SW3d ___, 04-23-21)
 
21-0607
JOE JESSE PONCE, III v. COMMISSION FOR LAWYER DISCIPLINE; from Bexar County; 4th Court of Appeals District (04-19-00877-CV, ___ SW3d ___, 06-30-21)
 
21-0615
ERICA WHITLOCK, JERRAMY JAY BOYLES, AND WALTER GALE “TREY” BOYLES v. CSI RISK MANAGEMENT, LLC AND STEVE SPALDING; from Dallas County; 5th Court of Appeals District (05-19-01297-CV, ___ SW3d ___, 04-30-21)
 
21-0621
IN THE INTEREST OF E.S. AND A.J., CHILDREN; from Denton County; 2nd Court of Appeals District (02-20-00407-CV, ___ SW3d ___, 05-27-21)
 
21-0624
CLINT HARRISON ELLER v. DAD P AS NEXT FRIEND TO T.P., A MINOR; from Kerr County; 4th Court of Appeals District (04-20-00131-CV, ___ SW3d ___, 05-19-21)
 
21-0649
4922 HOLDINGS, LLC AND HORIZON UNITED GROUP INTERNATIONAL, LLC v. SALVADOR RIVERA D/B/A RIVERA'S COMMERCIAL; from Harris County; 14th Court of Appeals District (14-19-00922-CV, 652 SW3d 316, 05-04-21)
 
21-0661
IN THE INTEREST OF J.B., A CHILD; from Harris County; 14th Court of Appeals District (14-20-00766-CV, ___ SW3d ___, 04-29-21)
 
21-0665
C.W. v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Williamson County; 3rd Court of Appeals District (03-21-00071-CV, ___ SW3d ___, 06-24-21)
 
counsel's motion to withdraw granted, as amended
 
21-0690
PRESTON LOHMANN v. ANDREA SANCHEZ; from Harris County; 1st Court of Appeals District (01-19-00984-CV, ___ SW3d ___, 07-20-21)
 
21-0787
IN THE INTEREST OF M.W., A CHILD; from Tarrant County; 2nd Court of Appeals District (02-21-00146-CV, ___ SW3d ___, 08-19-21)
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
20-0169
MICHAEL P. GEARY, INDEPENDENT EXECUTOR OF THE ESTATE OF JOSEPH WILLIAM GEARY, JR., DECEASED AND FALCON ENERGY, INC. v. TWO BOW RANCH LIMITED PARTNERSHIP, TWO BOW MANAGEMENT, LC AND RONALD L. TOMS, INDIVIDUALLY; from Bexar County; 4th Court of Appeals District (04-18-00610-CV, ___ SW3d ___, 01-22-20)
 
20-0833
MICHAEL A. RUFF, ET AL. v. SUZANN RUFF INDIVIDUALLY AND IN HER CAPACITY AS TRUSTEE OF THE RUFF MANAGEMENT TRUST, AND MATTHEW D. RUFF; from Dallas County; 5th Court of Appeals District (05-18-00326-CV, ___ SW3d ___, 08-11-20)
 
21-0362
CITY OF FORT WORTH, TEXAS v. JOEL F. FITZGERALD, SR., PH. D.; from Dallas County; 5th Court of Appeals District (05-20-00112-CV, ___ SW3d ___, 02-10-21)
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF HABEAS CORPUS IS DENIED:
21-0574
IN RE LONNIE KADE WELSH; from Montgomery County; 9th Court of Appeals District (09-20-00251-CV, ___ SW3d ___, 12-03-20)
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
21-0402
IN RE ELARA SIGNATURE HOMES, INC., ELARA HOMES, INC., ELARA CONSTRUCTION, INC., AUBREY HALL, AND TEXSTAR HOLDINGS, L.L.C.; from Montgomery County; 9th Court of Appeals District (09-21-00068-CV, ___ SW3d ___, 04-15-21)
 
21-0418
IN RE ALLIANCE MACHINE & SPECIALTIES; from Harris County; 1st Court of Appeals District (01-21-00022-CV, ___ SW3d ___, 05-11-21)
 
motion for temporary relief to stay denied
 
21-0514
IN RE THOMAS PETROLEUM HOLDINGS, LLC, C.L. THOMAS, INC., AND C.L. THOMAS HOLDINGS INVESTMENTS, LLC; from Victoria County; 13th Court of Appeals District (13-20-00427-CV, ___ SW3d ___, 05-26-21)
 
stay order issued June 25, 2021, lifted
 
21-0551
IN RE JAVIER RIVERA FRANCO; from Dallas County
 
21-0638
IN RE UATP MANAGEMENT, LLC; from Tarrant County; 2nd Court of Appeals District (02-21-00184-CV, ___ SW3d ___, 07-22-21)
 
stay order issued August 6, 2021, lifted
 
21-0644
IN RE SCHINDLER ELEVATOR CORPORATION; from Harris County; 1st Court of Appeals District (01-21-00177-CV, ___ SW3d ___, 07-06-21)
 
21-0653
IN RE REIMERS FAMILY LIMITED PARTNERSHIP; from Caldwell County; 3rd Court of Appeals District (03-20-00551-CV, ___ SW3d ___, 06-16-21)
 
21-0802
IN RE RHONDA LEE COUGOT; from Walker County; 10th Court of Appeals District (10-21-00221-CV, ___ SW3d ___, 09-15-21)
 
as supplemented
relator's motion for emergency stay denied