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)

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