Supremes, currently on summer break, issue no new opinions, deny nine petitions for review, and schedule nine cases for oral argument later in the year, with each side given 20 minutes to present its case, as is customary
GRANTED PETITIONS WITH LINKS TO BRIEFS AND DOCKET SHEETS
MoPac v. Limmer, No. 06-0023 (Tex. 2007-2008)
E-Briefs in Missouri Pacific Railroad Company d/b/a Union Pacific Railroad Company vs. Patricia Limmer, Billye Joyce Smith, and Bobby Jean Nothnagel;
From Harris County; 14th district (14-02-00688-CV, 180 S.W.3d 803, Nov. 29, 2005)
2 petitions
Oral argument to be held November 13, 2007
Opinion below: Missouri Pacific Railroad Company d/b/a Union Pacific Railroad Company vs. Patricia Limmer, Billye Joyce Smith and Bobbye Jean Nothnagel, No. 14-02-00688-CV, 180 S.W.3d 803 (Tex.App.- Houston [14th Dist., 2005)(Opinion by Justice Guzman)
Appeal from 151st District Court of Harris County
Magic Valley Electric Co-op v. City of Edcouch, TX, No. 06-0404 (Tex. 2007-2008)
E-Briefs in Magic Valley Electric Cooperative vs. City of Edcouch, Texas;
From Hidalgo County; 13th district (13-05-00202-CV, ___ S.W.3d ___, Mar. 23, 2006)
Oral argument to be held November 13, 2007
DART v. Amalgamated Transit Union Local No. 1338, No. 06-0034 (Tex. 2007-2008)
E-Briefs in Dallas Area Rapid Transit vs. Amalgamated Transit Union Local No. 1338;
From Dallas County; 5th district (05-05-00241-CV, 173 S.W.3d 896, Oct. 14, 2005)
Oral argument to be held November 14, 2007
Leland, D.D.S. v. Brandal, No. 06-1028 (Tex. 2007-2008)
E-Briefs in John Leland, D.D.S. vs. George C. Brandal and Ruth L. Brandal;
From Bandera County; 4th district (04-05-00855 CV, 217 S.W.3d 60, Sep. 13, 2006)
Oral argument to be held November 14, 2007.
In re G.E., No. 07-0195 (Tex. 2007-2008)
E-Briefs in In re General Electric Company, et al.; from Harris County; 1st district (01-06-01105 CV, ___ S.W.3d ___, Mar. 2, 2007)
Oral argument to be held November 14, 2007.
(Justice O'Neill not sitting)
Lewis v. Funderburk, No. 06-0518 (Tex. 2007-2008)
E-Briefs in Rory Lewis, M.D. vs. Dewayne Funderburk, as next Friend of Whitney Funderburk; From Limestone County; 10th district (10-05-00197 CV, 191 S.W.3d 756, 04 05 2006)
Oral argument on November 15, 2007
City of El Paso v. Heinrich, No. 06-0778 (Tex. 2007-2008)
E-Briefs in The City of El Paso, et al. vs. Lilli M. Heinrich; from El Paso County; 8th district (08-05-00203-CV, 198 S.W.3d 400, Jul. 20, 2006)
3 petitions
Oral argument to be held November 13, 2007
Canyon Regional Water Authority v. Guadalupe-Blanco River Authority, No. 06-0873 (Tex. 2007-2008)
E-Briefs in Canyon Regional Water Authority vs. Guadalupe-Blanco River Authority;
From Guadalupe County; 4th district (04-05-00943-CV, 211 S.W.3d 351, Jun. 21, 2006)
Oral argument to be held November 15, 2007
Guitar Holding Co. v. Hudspeth County Underground Water Conservation Dist., No. 06-0904 (Tex. 2007-2008)
E-Briefs in Guitar Holding Company, L.P. vs. Hudspeth County Underground Water Conservation District No. 1, et al.;
From Hudspeth County; 8th district (08-04-00296-CV & 08-05-00115-CV, 209 S.W.3d 172, Aug. 31, 2006)
Oral argument to be held November 15, 2007
Friday, July 27, 2007
Friday, July 20, 2007
July 20, 2007 Texas Supreme Court Orders on Petitions for Review
In today's instalment of its weekly orders, the Texas High Court scheduled nine granted petitions for oral argument, and denied eight.
Granted petitions with oral argument submission date:
JCW Electronics, Inc. v. Garza, No. 05-1042 (Tex. 2007-08)
See e-briefs in JCW Electronics, Inc. vs. Pearl Iriz Garza, Individually and on Behalf of the Estate of Rolando Domingo Montez, Deceased, and Belinda Leigh Camacho, Individually and as next Friend of Rolando Kadric Montez, a Minor Child; from Cameron County; 13th district (13-02-00577-CV, 176 S.W.3d 618, Oct. 13, 2005)
Set for oral argument on October 18, 2007
Chu v. Hong, No. 06-0127 (Tex. 2007-08)
See e-briefs in William Chu vs. Chong Hui Hong; from Tarrant County; 2nd district (02-04-00279-CV, 185 S.W.3d 507, Oct. 20, 2005)
Set for oral argument on October 16, 2007
Forest Oil Corp. v. McAllen, No. 06-0178 (Tex. 2007-08)
See e-briefs in Forest Oil Corporation and Daniel B. Worden v. James Argyle McAllen, El Rucio Land and Cattle Company, Inc., San Juanito Land Partnership, and Mcallen Trust Partnership;
from Hidalgo County; 13th district (13-05-00419-CV, ___ S.W.3d ___, Dec. 15, 2005)
Set for oral argument on October 16, 2007
Solar Applications Engineering, Inc. v. T.A. Operating Corp., No. 06-0243 (Tex. 2007-08)
See e-briefs in Solar Applications Engineering, Inc. v. T.A. Operating Corporation; from Bexar County; 4th district (04-04-00180-CV, 191 S.W.3d 173, Sep. 28, 2006)
Set for oral argument on October 16, 2007
(Justice Green not sitting)
Hcbeck, Ltd. v. Rice, No. 06-0418 (Tex. 2007-08)
See e-briefs in Hcbeck, Ltd. v. Charles Rice; from Tarrant County; 2nd district (02-05-00239-CV, ___ S.W.3d ___, Apr. 6, 2006)
Set for oral argument on October 18, 2007
New Texas Auto Auction Services v. Gomez de Hernandez, No. 06-0550 (Tex. 2007-08)
See e-briefs in New Texas Auto Auction Services, L.P. d/b/a Big H Auto Auction v. Graciela Gomez De Hernandez, et al.; from Hidalgo County; 13th district (13-03-00728-CV, 193 S.W.3d 220, Apr. 6, 2006)
Set for oral argument on October 17, 2007
City of Seabrook, Texas v. Port of Houston Authority, No. 06-0566 (Tex. 2007-08)
See e-briefs in City of Seabrook, Texas vs. Port of Houston Authority; from Harris County; 1st district (01-04-00925-CV, 199 S.W.3d 403, May 18, 2006)
Set for oral argument at 9:00 a.m., October 17, 2007
(Justice Hecht not sitting)
Opinion below: City of Seabrook v. Port of Houston Authority No. 01-04-00925-CV (Tex.App. - Houston [1st Dist.] May 18, 2006)(majority en banc opinion by Bland)(dissent by Hanks and Keyes)(pet. filed July 5, 2006 and granted July 20, 2007)(governmental entities law, sovereign immunity, interlocutory appeal)
Disposition in the court of appeals: Appeals dismissed:
First Court of Appeals Justices Hanks and Keyes dissented in The City of Seabrook, Texas vs. Port of Houston Authority
Appeal from Co Civil Ct at Law No 3 of Harris County (Judge Lynn M. Bradshaw-Hull)
Medical City Dallas, Ltd. v. Carlisle Corporation, No. 06-0660 (Tex. 2007-08)
See e-briefs in Medical City Dallas, Ltd. vs. Carlisle Corporation d/b/a Carlisle Syntec Systems; from Dallas County; 5th district (05-04-00157-CV, 196 S.W.3d 855, June 27, 2006)
Set for oral argument at 9:00 a.m., October 17, 2007.
(Justice Hecht not sitting)
In Re BP Products North America, Inc., No. 07-0119 (Tex. 2007-08)
See e-briefs in In re BP Products North America, Inc.; from Galveston County; 1st district (01- 06- 0943-CV, ___ S.W.3d ___, Feb. 9, 2007)
Set for oral argument at 9:00 a.m., October 18,(Justice Gaultney sitting by appointment pursuant to Section 22.005 of the Texas Government Code)
(Justice O'Neill not sitting)
Petitions for Review denied by the Texas Supreme Court on July 20, 2007 :
No. 07-0262 Oneok Westex Transmission, L.P. v. Castor Oil, Inc.;
from Hale County; 7th district
(07-05-00106-CV, ___ S.W.3d ___, Feb. 22, 2007, pet. denied)
No. 07-0326 Sonic Systems International, Inc. v. Texas Mutual Insurance Company, f/k/a Texas Workers Compensation Insurance Fund; from Harris County; 14th district
Opinion below: Texas Mutual Ins. Co. v. Sonic Systems Int., Inc. No. 14-05-00111-CV, (Tex.App–Houston [14th Dist.] June 8, 2006, pet. denied)(Fowler)(reversing and rendering). Appeal from 157th District Court of Harris County (Judge Randy Wilson)
No. 07-0350 Dupont Photomasks, Inc. v. Susan Combs, Successor to Carole Keeton Strayhorn, Comptroller of Public Accounts of the State of Texas, and Greg Abbott, Attorney General of the State of Texas; from Travis County; 3rd district
(03-04-00822-CV, ___ S.W.3d ___, Dec. 20, 2006, pet. denied)
No. 07-0386 Choice Personnel No. Four Inc. and Choice Acquisitions No. Three Inc. v. 1715 Johanna Square Ltd., J&B Richmore Management L.L.C., and J&B Gilmore Management L.L.C.; From Harris County; 1st district
Opinion below: Choice Personnel No. Four, Inc. v. 1715 Johanna Square Ltd. No. 01-05-00830-CV, (Tex. App. - Houston [1st Dist.] Apr. 13, 2007, pet. denied)(Alcala)("We conclude that the trial court's judgment disposed of all parties and all claims, and that we have jurisdiction over this appeal. We also conclude that the trial court properly rendered summary judgment on the grounds of limitations as to both the trespass to try title and conversion claims. We do not reach appellants' remaining issues. We affirm.")
No. 07-0393 Bally Total Fitness Corporation v. Brian Akin, Individually and on Behalf of the Estate of Ted Akin; from Tarrant County; 10th district
(10-05-00280-CV, ___ S.W.3d ___, Feb. 14, 2007, pet denied)
No. 07-0397 Calypso Waterjet Systems, Inc. v. Counter Intelligence, Inc.;
from Dallas County; 5th district
(05-06-00021-CV, ___ S.W.3d ___, Feb. 13, 2007, pet. denied)
No. 07-0399 Ex Parte C.G.;
from Smith County; 12th district
(12-06-00210-CV, ___ S.W.3d ___, Mar. 30, 2007, pet. denied)
No. 07-0415 Roy E. Addicks, Jr. v. Douglas Dretke, et al.;
from Jefferson County; 9th district
(09-06-00536-CV, ___ S.W.3d ___, Feb. 1, 2007, pet. denied)
Granted petitions with oral argument submission date:
JCW Electronics, Inc. v. Garza, No. 05-1042 (Tex. 2007-08)
See e-briefs in JCW Electronics, Inc. vs. Pearl Iriz Garza, Individually and on Behalf of the Estate of Rolando Domingo Montez, Deceased, and Belinda Leigh Camacho, Individually and as next Friend of Rolando Kadric Montez, a Minor Child; from Cameron County; 13th district (13-02-00577-CV, 176 S.W.3d 618, Oct. 13, 2005)
Set for oral argument on October 18, 2007
Chu v. Hong, No. 06-0127 (Tex. 2007-08)
See e-briefs in William Chu vs. Chong Hui Hong; from Tarrant County; 2nd district (02-04-00279-CV, 185 S.W.3d 507, Oct. 20, 2005)
Set for oral argument on October 16, 2007
Forest Oil Corp. v. McAllen, No. 06-0178 (Tex. 2007-08)
See e-briefs in Forest Oil Corporation and Daniel B. Worden v. James Argyle McAllen, El Rucio Land and Cattle Company, Inc., San Juanito Land Partnership, and Mcallen Trust Partnership;
from Hidalgo County; 13th district (13-05-00419-CV, ___ S.W.3d ___, Dec. 15, 2005)
Set for oral argument on October 16, 2007
Solar Applications Engineering, Inc. v. T.A. Operating Corp., No. 06-0243 (Tex. 2007-08)
See e-briefs in Solar Applications Engineering, Inc. v. T.A. Operating Corporation; from Bexar County; 4th district (04-04-00180-CV, 191 S.W.3d 173, Sep. 28, 2006)
Set for oral argument on October 16, 2007
(Justice Green not sitting)
Hcbeck, Ltd. v. Rice, No. 06-0418 (Tex. 2007-08)
See e-briefs in Hcbeck, Ltd. v. Charles Rice; from Tarrant County; 2nd district (02-05-00239-CV, ___ S.W.3d ___, Apr. 6, 2006)
Set for oral argument on October 18, 2007
New Texas Auto Auction Services v. Gomez de Hernandez, No. 06-0550 (Tex. 2007-08)
See e-briefs in New Texas Auto Auction Services, L.P. d/b/a Big H Auto Auction v. Graciela Gomez De Hernandez, et al.; from Hidalgo County; 13th district (13-03-00728-CV, 193 S.W.3d 220, Apr. 6, 2006)
Set for oral argument on October 17, 2007
City of Seabrook, Texas v. Port of Houston Authority, No. 06-0566 (Tex. 2007-08)
See e-briefs in City of Seabrook, Texas vs. Port of Houston Authority; from Harris County; 1st district (01-04-00925-CV, 199 S.W.3d 403, May 18, 2006)
Set for oral argument at 9:00 a.m., October 17, 2007
(Justice Hecht not sitting)
Opinion below: City of Seabrook v. Port of Houston Authority No. 01-04-00925-CV (Tex.App. - Houston [1st Dist.] May 18, 2006)(majority en banc opinion by Bland)(dissent by Hanks and Keyes)(pet. filed July 5, 2006 and granted July 20, 2007)(governmental entities law, sovereign immunity, interlocutory appeal)
Disposition in the court of appeals: Appeals dismissed:
First Court of Appeals Justices Hanks and Keyes dissented in The City of Seabrook, Texas vs. Port of Houston Authority
Appeal from Co Civil Ct at Law No 3 of Harris County (Judge Lynn M. Bradshaw-Hull)
Medical City Dallas, Ltd. v. Carlisle Corporation, No. 06-0660 (Tex. 2007-08)
See e-briefs in Medical City Dallas, Ltd. vs. Carlisle Corporation d/b/a Carlisle Syntec Systems; from Dallas County; 5th district (05-04-00157-CV, 196 S.W.3d 855, June 27, 2006)
Set for oral argument at 9:00 a.m., October 17, 2007.
(Justice Hecht not sitting)
In Re BP Products North America, Inc., No. 07-0119 (Tex. 2007-08)
See e-briefs in In re BP Products North America, Inc.; from Galveston County; 1st district (01- 06- 0943-CV, ___ S.W.3d ___, Feb. 9, 2007)
Set for oral argument at 9:00 a.m., October 18,(Justice Gaultney sitting by appointment pursuant to Section 22.005 of the Texas Government Code)
(Justice O'Neill not sitting)
Petitions for Review denied by the Texas Supreme Court on July 20, 2007 :
No. 07-0262 Oneok Westex Transmission, L.P. v. Castor Oil, Inc.;
from Hale County; 7th district
(07-05-00106-CV, ___ S.W.3d ___, Feb. 22, 2007, pet. denied)
No. 07-0326 Sonic Systems International, Inc. v. Texas Mutual Insurance Company, f/k/a Texas Workers Compensation Insurance Fund; from Harris County; 14th district
Opinion below: Texas Mutual Ins. Co. v. Sonic Systems Int., Inc. No. 14-05-00111-CV, (Tex.App–Houston [14th Dist.] June 8, 2006, pet. denied)(Fowler)(reversing and rendering). Appeal from 157th District Court of Harris County (Judge Randy Wilson)
No. 07-0350 Dupont Photomasks, Inc. v. Susan Combs, Successor to Carole Keeton Strayhorn, Comptroller of Public Accounts of the State of Texas, and Greg Abbott, Attorney General of the State of Texas; from Travis County; 3rd district
(03-04-00822-CV, ___ S.W.3d ___, Dec. 20, 2006, pet. denied)
No. 07-0386 Choice Personnel No. Four Inc. and Choice Acquisitions No. Three Inc. v. 1715 Johanna Square Ltd., J&B Richmore Management L.L.C., and J&B Gilmore Management L.L.C.; From Harris County; 1st district
Opinion below: Choice Personnel No. Four, Inc. v. 1715 Johanna Square Ltd. No. 01-05-00830-CV, (Tex. App. - Houston [1st Dist.] Apr. 13, 2007, pet. denied)(Alcala)("We conclude that the trial court's judgment disposed of all parties and all claims, and that we have jurisdiction over this appeal. We also conclude that the trial court properly rendered summary judgment on the grounds of limitations as to both the trespass to try title and conversion claims. We do not reach appellants' remaining issues. We affirm.")
No. 07-0393 Bally Total Fitness Corporation v. Brian Akin, Individually and on Behalf of the Estate of Ted Akin; from Tarrant County; 10th district
(10-05-00280-CV, ___ S.W.3d ___, Feb. 14, 2007, pet denied)
No. 07-0397 Calypso Waterjet Systems, Inc. v. Counter Intelligence, Inc.;
from Dallas County; 5th district
(05-06-00021-CV, ___ S.W.3d ___, Feb. 13, 2007, pet. denied)
No. 07-0399 Ex Parte C.G.;
from Smith County; 12th district
(12-06-00210-CV, ___ S.W.3d ___, Mar. 30, 2007, pet. denied)
No. 07-0415 Roy E. Addicks, Jr. v. Douglas Dretke, et al.;
from Jefferson County; 9th district
(09-06-00536-CV, ___ S.W.3d ___, Feb. 1, 2007, pet. denied)
Sunday, July 15, 2007
Midyear Review: Per Curiam Opinions (Tex. 2007)
Per curiam opinions of the Texas Supreme Court handed down between Jan - June 2007, in reverse chronological order:
Ramos v. Richardson, No. 06-0336 (Tex. Jun. 29, 2007)(per curiam)(prisoner suit, timeliness of notice of appeal)
Wilz v. Flournoy, No. 06-0913 (Tex. Jun. 29, 2007)(per curiam)(constructive trust, breach of fiduciary duty, conversion, invocation of fifth amendment privilege in civil proceeding)
Lowry Schaub, MD v. Sanchez (Tex. Jun 22, 2007)(per curiam)(medical malpractice, health care liability claim, HCLC, patient's informed consent)
Goodyear Tire and Rubber Co. v. Mayes, No. 04-0993 (Tex. Jun 15, 2007)(per curiam)(premises liability)
Kallam, M.D. v. Boyd, No. 05-0027 (Tex. Jun. 15, 2007)(per curiam)(medical malpractice)
Brinson Ford, Inc. v. Alger, No. 05-0722 (Tex. Jun. 15, 2007)(per curiam)(premises liability)
In Re Allstate County Mutual Ins. Co., No. 06-0878 (Tex. Jun. 15, 2007)(per curiam)(discovery limitations)
Bay Area Healthcare Group, Ltd. v. McShane, No. 05-1069 (Tex. Jun. 8, 2007)(per curiam)
Hubicki v. Festina, a Liechtenstein Foundation, No. 05-0357 (Tex. Jun. 1, 2007)(per curiam)(default judgment, defective service)
City of Arlington v. Matthews, No. 06-0251 (Tex. Jun. 1, 2007)(per curiam)(Tooke)
City of Pasadena v. Kinsel Industries , No. 06-0353 (Tex. Jun. 1, 2007)(per curiam)(Tooke)
City of Elsa v. M.A.L., No. 06-0516 (Tex. Jun. 1, 2007)(per curiam)
Tellez v. City of Socorro, No. 05-0629 (Tex. Jun. 1, 2007)(per curiam)(zoning, jurisdiction)
Dallas Fire Fighters Association v. City of Dallas, No. 04-0821 (Tex. Jun. 1, 2007)(per curiam)(Tooke)
Abilene Housing Authority v. Gene Duke Builders, No. 05-0631 (Tex. Jun. 1, 2007)(per curiam)(Tooke)
State of Texas v. Fidelity and Deposit Co. of Maryland, No. 04-0180 (Tex. May 4, 2007)(per curiam)(sovereign immunity to counterclaims waived under Reata)
City of San Antonio v. Ytuarte, No. 05-0991 (Tex. May 4, 2007)(per curiam)(official immunity, police officer)
Young v. Qualls, No. 05-1091 (Tex. May 4, 2007)(per curiam)(attorneys fees)
South Texas Water Authority v. Lomas, No. 05-0855 (Tex. Apr. 27, 2007)(per curiam)(standing)
Holmes v. Kent, No. 04-0729 (Tex. Apr. 20, 2007)(per curiam)(TRS benefits dispute)
Baylor Univ. v. Sonnichsen, No. 04-0851 (Tex. Apr. 20, 2007)(per curiam)(employment dispute)
In Re RLS Legal Solutions, LLC., No. 05-0290 (Tex. Apr. 20, 2007)(per curiam)(arbitration)
IRA Resources, Inc. v. Griego, No. 05-0469 (Tex. Apr. 20, 2007)(per curiam)(special appearance)
U.S. v. Boateng, No. 05-0752 (Tex. Apr. 20, 2007)(per curiam)(sovereign immunity, bill of review)
In Re Michael Angelo Basco, No. 05-0771 (Tex. Apr. 20, 2007)(per curiam)(disqualification of counsel)
In Re Alvin Green, No. 06-0496 (Tex. Apr. 20, 2007)(per curiam)(family law, alimony agreement, no contempt)
State of Texas v. Precision Solar Controls, Inc., No. 06-0348 (Tex. Apr. 5, 2007)(per curiam)(prior denial withdrawn upon motion for rehearing)(sovereign immunity)
In Re Ricky Derzapf, No. 06-0669 (Tex. Mar. 23, 2007)(per curiam)(SAPCR, nonparents, grandparent access)
Zipp v. Alisa Wuemling, No. 05-0731 (Tex. Mar. 9, 2007)(per curiam)(family law, guardianship, mootness issue)
City of Dallas v. Saucedo-Falls, et al.; No. 05-0973 (Tex. Mar. 9, 2007)(per curiam)(sovereign immunity law; fire fighters given chance to argue waiver by conduct or statute on remand)
City of Sweetwater, Texas v. Waddell, et al: No. 05-1033 (Tex. Mar. 9, 2007)(per curiam)(“sue and be sued” provision in charter does not waive city’s immunity under Tooke v. City of Mexia; firefighters given chance of argue new limited statutory immunity waiver on remand)
In Re Texas Department of Transportation (TxDOT), No. 06-0289 (Tex. Mar. 9, 2007)(per curiam)(mandamus granted to enforce mandatory venue provision of TTCA)
In Re Gillespie County, No. 06-00052 (Tex. Mar. 9, 2007)(per curiam)(mandamus granted to enforce mandatory venue under TTCA) consolidated with In Re Texas Department of Transportation, No. 06-0289 (Tex. Mar. 9, 2007)
Jane Doe v. Pilgrim Rest Baptist Church, No. 06-0686 (Tex. Mar. 9, 2007)(per curiam)(severance, finality of judgment, order, appellate deadlines, timeliness of notice of appeal NoA)
In Re Discount Rental, Inc., No. 05-0249 (Tex. Mar. 2, 2007)(per curiam)(void judgment, defective service, lack of authority to order sale, enforcement of judgment)
Varner v. Cardenas, No. 06-0212 (Tex. Mar. 2, 2007)(per curiam)(attorney fee segregation, other claims, claims against third parties, counterclaims)
Ontiveros v. Flores, No. 06-0607 (Tex. Mar. 2, 2007)(per curiam)(appellate procedure, failure to preserve error)Hood v. Wal-Mart, No. 05-0902 (Tex. Feb. 23, 2007)(per curiam)(pro se appeal, IFP, affidavit of indigence, no contest re: status, DWOP on appeal)
In re Bank One, No. 06-0093 (Tex. Feb 23, 2007)(per curiam)(arbitration, presumption against waiver of right to arbitrate)
Hood v. Wal-Mart, No. 05-0902 (Tex. Feb. 23, 2007)(per curiam)(pro se appeal, IFP, affidavit of indigence, no contest re: status, DWOP on appeal)
The City of Houston v. Williams, No. 06-0093 (Tex. Feb. 23, 2007)(per curiam)(interlocutory appeal, ILA, sovereign immunity, waiver, declaratory relief, circumvention of immunity by UDJA not permitted)
Wachovia Bank v. Gilliam, No. 05-0903 (Tex. Feb. 9, 2007)(per curiam)(restricted appeal, default judgment, insufficient service of corporate citation)
Jack in the Box, Inc. v. Skiles, No. 05-0911 (Tex. Feb 9, 2007(per curiam)(workplace safety, injury, nonsubscriber employer, no duty, no liability for negligence)
City of San Antonio v. TPLP Office Part Properties, No. 04-1130 (Tex. Feb. 9, 2007)(per curiam)(governmental entities, takings claim, no compensable taking on account of closing of driveway; city’s action was proper exercise of City’s police power)
Ramos v. Richardson, No. 06-0336 (Tex. Jun. 29, 2007)(per curiam)(prisoner suit, timeliness of notice of appeal)
Wilz v. Flournoy, No. 06-0913 (Tex. Jun. 29, 2007)(per curiam)(constructive trust, breach of fiduciary duty, conversion, invocation of fifth amendment privilege in civil proceeding)
Lowry Schaub, MD v. Sanchez (Tex. Jun 22, 2007)(per curiam)(medical malpractice, health care liability claim, HCLC, patient's informed consent)
Goodyear Tire and Rubber Co. v. Mayes, No. 04-0993 (Tex. Jun 15, 2007)(per curiam)(premises liability)
Kallam, M.D. v. Boyd, No. 05-0027 (Tex. Jun. 15, 2007)(per curiam)(medical malpractice)
Brinson Ford, Inc. v. Alger, No. 05-0722 (Tex. Jun. 15, 2007)(per curiam)(premises liability)
In Re Allstate County Mutual Ins. Co., No. 06-0878 (Tex. Jun. 15, 2007)(per curiam)(discovery limitations)
Bay Area Healthcare Group, Ltd. v. McShane, No. 05-1069 (Tex. Jun. 8, 2007)(per curiam)
Hubicki v. Festina, a Liechtenstein Foundation, No. 05-0357 (Tex. Jun. 1, 2007)(per curiam)(default judgment, defective service)
City of Arlington v. Matthews, No. 06-0251 (Tex. Jun. 1, 2007)(per curiam)(Tooke)
City of Pasadena v. Kinsel Industries , No. 06-0353 (Tex. Jun. 1, 2007)(per curiam)(Tooke)
City of Elsa v. M.A.L., No. 06-0516 (Tex. Jun. 1, 2007)(per curiam)
Tellez v. City of Socorro, No. 05-0629 (Tex. Jun. 1, 2007)(per curiam)(zoning, jurisdiction)
Dallas Fire Fighters Association v. City of Dallas, No. 04-0821 (Tex. Jun. 1, 2007)(per curiam)(Tooke)
Abilene Housing Authority v. Gene Duke Builders, No. 05-0631 (Tex. Jun. 1, 2007)(per curiam)(Tooke)
State of Texas v. Fidelity and Deposit Co. of Maryland, No. 04-0180 (Tex. May 4, 2007)(per curiam)(sovereign immunity to counterclaims waived under Reata)
City of San Antonio v. Ytuarte, No. 05-0991 (Tex. May 4, 2007)(per curiam)(official immunity, police officer)
Young v. Qualls, No. 05-1091 (Tex. May 4, 2007)(per curiam)(attorneys fees)
South Texas Water Authority v. Lomas, No. 05-0855 (Tex. Apr. 27, 2007)(per curiam)(standing)
Holmes v. Kent, No. 04-0729 (Tex. Apr. 20, 2007)(per curiam)(TRS benefits dispute)
Baylor Univ. v. Sonnichsen, No. 04-0851 (Tex. Apr. 20, 2007)(per curiam)(employment dispute)
In Re RLS Legal Solutions, LLC., No. 05-0290 (Tex. Apr. 20, 2007)(per curiam)(arbitration)
IRA Resources, Inc. v. Griego, No. 05-0469 (Tex. Apr. 20, 2007)(per curiam)(special appearance)
U.S. v. Boateng, No. 05-0752 (Tex. Apr. 20, 2007)(per curiam)(sovereign immunity, bill of review)
In Re Michael Angelo Basco, No. 05-0771 (Tex. Apr. 20, 2007)(per curiam)(disqualification of counsel)
In Re Alvin Green, No. 06-0496 (Tex. Apr. 20, 2007)(per curiam)(family law, alimony agreement, no contempt)
State of Texas v. Precision Solar Controls, Inc., No. 06-0348 (Tex. Apr. 5, 2007)(per curiam)(prior denial withdrawn upon motion for rehearing)(sovereign immunity)
In Re Ricky Derzapf, No. 06-0669 (Tex. Mar. 23, 2007)(per curiam)(SAPCR, nonparents, grandparent access)
Zipp v. Alisa Wuemling, No. 05-0731 (Tex. Mar. 9, 2007)(per curiam)(family law, guardianship, mootness issue)
City of Dallas v. Saucedo-Falls, et al.; No. 05-0973 (Tex. Mar. 9, 2007)(per curiam)(sovereign immunity law; fire fighters given chance to argue waiver by conduct or statute on remand)
City of Sweetwater, Texas v. Waddell, et al: No. 05-1033 (Tex. Mar. 9, 2007)(per curiam)(“sue and be sued” provision in charter does not waive city’s immunity under Tooke v. City of Mexia; firefighters given chance of argue new limited statutory immunity waiver on remand)
In Re Texas Department of Transportation (TxDOT), No. 06-0289 (Tex. Mar. 9, 2007)(per curiam)(mandamus granted to enforce mandatory venue provision of TTCA)
In Re Gillespie County, No. 06-00052 (Tex. Mar. 9, 2007)(per curiam)(mandamus granted to enforce mandatory venue under TTCA) consolidated with In Re Texas Department of Transportation, No. 06-0289 (Tex. Mar. 9, 2007)
Jane Doe v. Pilgrim Rest Baptist Church, No. 06-0686 (Tex. Mar. 9, 2007)(per curiam)(severance, finality of judgment, order, appellate deadlines, timeliness of notice of appeal NoA)
In Re Discount Rental, Inc., No. 05-0249 (Tex. Mar. 2, 2007)(per curiam)(void judgment, defective service, lack of authority to order sale, enforcement of judgment)
Varner v. Cardenas, No. 06-0212 (Tex. Mar. 2, 2007)(per curiam)(attorney fee segregation, other claims, claims against third parties, counterclaims)
Ontiveros v. Flores, No. 06-0607 (Tex. Mar. 2, 2007)(per curiam)(appellate procedure, failure to preserve error)Hood v. Wal-Mart, No. 05-0902 (Tex. Feb. 23, 2007)(per curiam)(pro se appeal, IFP, affidavit of indigence, no contest re: status, DWOP on appeal)
In re Bank One, No. 06-0093 (Tex. Feb 23, 2007)(per curiam)(arbitration, presumption against waiver of right to arbitrate)
Hood v. Wal-Mart, No. 05-0902 (Tex. Feb. 23, 2007)(per curiam)(pro se appeal, IFP, affidavit of indigence, no contest re: status, DWOP on appeal)
The City of Houston v. Williams, No. 06-0093 (Tex. Feb. 23, 2007)(per curiam)(interlocutory appeal, ILA, sovereign immunity, waiver, declaratory relief, circumvention of immunity by UDJA not permitted)
Wachovia Bank v. Gilliam, No. 05-0903 (Tex. Feb. 9, 2007)(per curiam)(restricted appeal, default judgment, insufficient service of corporate citation)
Jack in the Box, Inc. v. Skiles, No. 05-0911 (Tex. Feb 9, 2007(per curiam)(workplace safety, injury, nonsubscriber employer, no duty, no liability for negligence)
City of San Antonio v. TPLP Office Part Properties, No. 04-1130 (Tex. Feb. 9, 2007)(per curiam)(governmental entities, takings claim, no compensable taking on account of closing of driveway; city’s action was proper exercise of City’s police power)
Friday, July 13, 2007
Today's Texas Supreme Court Orders
July 13, 2007. - The Supreme Court of Texas did not issue any opinions today, but set six petitions for oral argument:
City of Waco, Texas v. Robert Lopez , No. 06-0089 (Tex. 2007/2008);
e-Briefs
From Limestone County; 10th district (10-04-00085-CV, 183 S.W.3d 825, 12/14/2005)
Set for oral argument on September 27, 2007, 9:00 A.M.
In re Jack Jorden, M.D., et al., No. 06-0369 (Tex. 2007/2008)(mandamus)
e-Briefs
From Smith County; 12th district (12-06-00040-CV, 191 S.W.3d 483, 04/27/2006)
Set for oral argument on September 26, 2007, 9.A.M.
In re Columbia Medical Center of Las Colinas, Subsidiary, L.P. d/b/a Las Colinas Medical Center, Antonette Conner, and Anna Mathew; No. 06-0416 (Tex. 2007/2008) (mandamus)
e-Briefs
From Dallas County; 5th district (05-06-00611-CV, ___ S.W.3d ___, 05/12/2006)
Set for oral argument on September 27, 2007, 9:00 A.M.
In re Baylor Medical Center at Garland; No. 06-0491 (Tex. 2007/2008)
e-Briefs
From Dallas County; 5th district (05-05-01663-CV, ___ S.W.3d ___, 01/04/2006)
Set for oral argument on September 27, 2007, 9:00 A.M.
20801, Inc. v. John L. Parker, No. 06-0574 (Tex. 2007/2008 )
e-Briefs
From Harris County; 14th district (14-05-00250-CV, 194 S.W.3d 556, 04/11/2006)
Set for oral argument on September 26, 2007, 9:00 A.M.
In re Eduardo "Walo" Gracia Bazan, No. 06-0952 (Tex. 2007/2009)
e-Briefs
From Hidalgo County; 13th district (13-06-00616-CR, ___ S.W.3d ___, 11/01/2006)
Set for oral argument on September 26, 2007, 9:00 A.M.
City of Waco, Texas v. Robert Lopez , No. 06-0089 (Tex. 2007/2008);
e-Briefs
From Limestone County; 10th district (10-04-00085-CV, 183 S.W.3d 825, 12/14/2005)
Set for oral argument on September 27, 2007, 9:00 A.M.
In re Jack Jorden, M.D., et al., No. 06-0369 (Tex. 2007/2008)(mandamus)
e-Briefs
From Smith County; 12th district (12-06-00040-CV, 191 S.W.3d 483, 04/27/2006)
Set for oral argument on September 26, 2007, 9.A.M.
In re Columbia Medical Center of Las Colinas, Subsidiary, L.P. d/b/a Las Colinas Medical Center, Antonette Conner, and Anna Mathew; No. 06-0416 (Tex. 2007/2008) (mandamus)
e-Briefs
From Dallas County; 5th district (05-06-00611-CV, ___ S.W.3d ___, 05/12/2006)
Set for oral argument on September 27, 2007, 9:00 A.M.
In re Baylor Medical Center at Garland; No. 06-0491 (Tex. 2007/2008)
e-Briefs
From Dallas County; 5th district (05-05-01663-CV, ___ S.W.3d ___, 01/04/2006)
Set for oral argument on September 27, 2007, 9:00 A.M.
20801, Inc. v. John L. Parker, No. 06-0574 (Tex. 2007/2008 )
e-Briefs
From Harris County; 14th district (14-05-00250-CV, 194 S.W.3d 556, 04/11/2006)
Set for oral argument on September 26, 2007, 9:00 A.M.
In re Eduardo "Walo" Gracia Bazan, No. 06-0952 (Tex. 2007/2009)
e-Briefs
From Hidalgo County; 13th district (13-06-00616-CR, ___ S.W.3d ___, 11/01/2006)
Set for oral argument on September 26, 2007, 9:00 A.M.
Friday, July 6, 2007
July 6, 2007 - Texas Supreme Court Activity
July 6, 2007 - Without issuing opinions, the Supreme Court granted three petitions for review in today's weekly orders, vacated the lower appellate courts' judgments, and remanded to the respective trial courts for entry of judgment pursuant to settlement agreements reached between the parties. All three cases had generated published opinions in the lower appellate court.
No. 06-0599; Centerpoint Energy Houston Electric, LLC Texas Genco, LP v. Public Utility Commission of Texas and City of Houston;
From Travis County; 3rd district (03-05-00565-CV, 212 S.W.3d 389, 06-02-06)
No. 06-0790; Robert Wang, M.D. v. Alex Amaya, Individually and as Next Friend of Claire Amaya, a Minor, and on Behalf of the Estate of Ofelia G. Amaya, Deceased, and Leonor Gutierrez, Individually;
From Nueces County; 13th district (13-03-00708-CV, ___ S.W.3d ___, 06-08-06)
No. 07-0172; Eddie Alvarez v. City of Harlingen;
From Cameron County; 13th district (13-03-00169-CV, 204 S.W.3d 452, 09-29-05)
The Court also denied five petitions for review today, and four mandamus petitions.
No. 06-0599; Centerpoint Energy Houston Electric, LLC Texas Genco, LP v. Public Utility Commission of Texas and City of Houston;
From Travis County; 3rd district (03-05-00565-CV, 212 S.W.3d 389, 06-02-06)
No. 06-0790; Robert Wang, M.D. v. Alex Amaya, Individually and as Next Friend of Claire Amaya, a Minor, and on Behalf of the Estate of Ofelia G. Amaya, Deceased, and Leonor Gutierrez, Individually;
From Nueces County; 13th district (13-03-00708-CV, ___ S.W.3d ___, 06-08-06)
No. 07-0172; Eddie Alvarez v. City of Harlingen;
From Cameron County; 13th district (13-03-00169-CV, 204 S.W.3d 452, 09-29-05)
The Court also denied five petitions for review today, and four mandamus petitions.
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