2008-07-25 Texas Supreme Court Delivers Batch of Non-opinions

The Texas high court today upped its opinion production tally for the current Fiscal Year with five more per curiam opinions. This latest installment of per curiams should give the bean-counters pause. All five petitions involved the same legal issue. All five appeals were disposed of with one-liner opinions. Unlike previous cases involving the same issue, they were not consolidated. Should they be counted as five opinions, as one, or as no opinion at all? If anything, the lesson the Court illustrates today is that mere statistics are sometimes meaningless. What matters is substance, of which there is precious little in evidence here.

In today's five identical per curiam "opinions," the Supremes essentially tell us that they decided not to decide an important issue of constitutional dimensions: whether the procedural limitations on the right to appeal the termination of parental rights in Texas passes constitutional muster. The relevant provision in the Texas Family Code requires that the parent whose rights have been terminated file, within 15 days of the judgment, a statement of points he or she intends to raise on appeal. Failure to do so precludes appellate review, according to the plain words of the statute governing appeals from orders terminating the parent-child relationship. Tex. Fam. Code § 263.405(i).

In Interest of SKA, MA, and SA,
No. 07-1045 (Tex. July 25, 2008)(per curiam)(requirement that respondent in parental rights termination case file statement of points to be raised on appeal within 15 days after judgment to preserve right to pursue appeal)
IN THE INTEREST OF S.K.A., M.A. AND S.A., CHILDREN; from Gregg County; 6th district (06-07-00003-CV, 236 SW3d 875, 10-17-07) 2 petitions

FULL TEXT OF PER CURIAM OPINION (case style omitted)

The petition for review is denied. In denying the petition, we neither approve nor disapprove the holding of the court of appeals regarding the constitutionality of Texas Family Code section 263.405(i).

OPINION DELIVERED: July 25, 2008

Opinion below: In the Interest of S.K.A., M.A., and S.A., Minor Children (Tex.App.- Texarkana, October 17, 2007

Holding of the Court of Appeals: We find subsection (i)'s procedural bar to review unconstitutional as applied to an indigent parent, who after proper request, was not provided appointed counsel during the critical period before the deadline established in subsection (b). Therefore, we have addressed issues raised in the points of appeal filed immediately after counsel was appointed. On reaching the issues raised on appeal as presented in the statement of points, we overrule each of the points of error.

════════════════════════════════════════════
COMPANION CASES

In Interest of KW and MA, No. 08-0254 (Tex. July 25, 2008) (per curiam) IN THE INTEREST OF K.W. & M.A., CHILDREN; from Tarrant County; 2nd district (02-06-00461-CV, ___ SW3d ___, 02-28-08)

Opinion below: In the Interest of K.W., No. 02-06-00461-CV (Tex.App.- Fort Worth, Feb. 28, 2008)(mem. op.)

Holding of the Court of Appeals: In her first issue, Natasha argues that section 263.405(i) violates the separation of powers doctrine and the Due Process Clause. In a recent en banc decision, this court held that section 263.405(i) is void as a violation of the separation of powers provision of the Texas constitution. See In re D.W., No. 02-06-00191-CV, 2007 WL 467328, at *12 (Tex. App.- Fort Worth Feb. 19, 2008, no pet. h.). We therefore sustain Natasha's first issue.[5] * * *Having sustained Natasha's first issue, but having overruled her second through fourth issues and not reaching her fifth issue, we affirm the trial court's order terminating her parental rights to K.W. and M.A.

In Interest of DW, TW, and SG, No. 08-0258 (Tex. July 25, 2008)(per curiam) IN THE INTEREST OF D.W., T.W. AND S.G., CHILDREN; from Tarrant County; 2nd district (02-06-00191-CV, 249 SW3d 625, 02-19-08) Per Curiam Opinion

In Interest of JJ, No. 08-0299 (Tex. July 25, 2008)(per curiam)
IN THE INTEREST OF J.J., A CHILD; from Tarrant County; 2nd district (02-06-00333-CV, ___ SW3d ___, 03-06-08) 2 petitions
Per Curiam Opinion

In Interest of DF, No. 08-0378 (Tex. 25, 2008)(per curiam)
IN THE INTEREST OF D.F., A CHILD; from Tarrant County; 2nd district (02-07-00056-CV, ___ SW3d ___, 03-27-08)
Per Curiam Opinion

Does the Texas Supreme Court Hide Behind Per Curiam Opinions?

COMMENTARY BY WOLFGANG P. HIRCZY DE MINO

Much of the regularly aired criticism of the Texas Supreme Court is well-founded, in particular its proclivity to rule in favor of certain types of defendants, which is easily shown with empirical data on disposition patterns. The allegation that the Court "hides behind unsigned per curiam opinions", however, is a dubious charge, for a number of reasons.

Many of the cases disposed of with per curiam opinions present legal issues previously decided or decided in a signed opinion released on the same day. Thus, one need look no further than who wrote and signed on to the deciding opinion in the leading case, and who did not. If a justice broke ranks, the dissenting opinion will shed light on the reasons and show that the court is not monolithic on that particular issue. If there was no dissent, all justices are equally responsible unless they Court indicates that a particular member did not participate.

While a per curiam opinion may not require the affirmative support of all members of the Court (the Court's rules call for six votes), it can nevertheless be treated as unanimous. After all, if a member of the court did not wish to acquiesce, he or she could have made that point and gone on the record with the different view. It is not unheard of that a justice goes so far as to write a lone opinion on a motion for rehearing, or on denial of a petition, to make a point he finds necessary to get across.

Quite simply, per curiam opinions can and should be attributed to the court in its entirety, not just a majority. Thus there is little basis for the proposition that anything is being hidden. While the internal deliberations over cases and issues are indeed secret, the results of the process are not. All opinions are freely available on the court's web site (though not in convenient tables or lists of cases.)

Each member of the Court should be seen as equally responsible for the result, unless the case was decided pursuant to newly established precedent and the minority simply acknowledges that fact. In those instances, the case that controls the disposition will be cited in the per curiam opinion.

Since all members of the current court are Republicans, it should come as no surprise that there is less ideological diversity and a higher incidence of agreement on which cases/issues to hear, and how to decide them. In Fiscal Year 2007 the Texas Supreme Court released 170 opinions. Per Curiams accounted for 40.6%, - a higher percentage than majority opinions, which made up 36.5% of the total.

As for the current calendar year, by my count, the Texas Supreme Court issued 45 per curiam opinions from January 1 through the end of June 2008. The projected annual figure would thus be 90. (The number of signed Texas Supreme Court Opinions, and break-down by authoring justice, is the subject of another post.).

Texas Supreme Court Appeals decided with per curiam opinions are listed in reverse chronological order below, with a descriptor of the the type of case or issue (HCLC stands for health care liability claim aka medical malpractice; ILA denotes an interlocutory appeal).

January 2008 - June 2008 Per Curiam Opinions Handed Down by the Texas Supreme Court

[45] In Re Chambless, No. 07-0767 (Tex. June 27, 2008) (per curiam) (family law, grandparent visitation suit)(mandamus granted)

[44] In re OAG, No. 08-0165 (Tex. June 27, 2008) (per curiam)(mandamus) (TRO against Office of Texas Attorney General in dispute over child support collection set aside by mandamus as void due to procedural deficiency).

[43] In Re Fleetwood Homes of Texas, LP, No. 06-0943 (Tex. June 20, 2008)(per curiam) (original proceeding)(motion to compel arbitration, no waiver found, mandamus granted)

[42] In re Lyon Financial Services, Inc., No. 07-0486 (Tex. June 20, 2008)(per curiam) (orig. proc.)(mandamus, forum selection clause, motion to dismiss improperly denied)

[41] In Re Roberts, No. 05-0362 (Tex. Jun 6, 2008)(per curiam) (med-mal, grant of 30-day extension to cure deficiencies in expert report was proper, mandamus granted against court of appeals which rule otherwise)

[40] In re Methodist Healthcare System of San Antonio, Ltd, No. 05-0575 (Tex. Jun 6, 2008)(per curiam)(HCLC, sufficiency of expert report, court below instructed to apply new mandamus standard)

[39] In Re Zandi, No. 07­0919 (Tex. May 30, 2008)(per curiam) (family law, child support contempt, habeas corpus granted, due process violated, insufficient notice of charges)

[38] In re TDFPS (CPS), No. 08-0391 (Tex. May 29, 2008)(per curiam) (CPS case against FLDS sect) Justice O'Neill delivered an opinion concurring in part and dissenting in part, in which Justice Johnson and Justice Willett joined.

[37] In re Texas DFPS (CPS), No. 08-0403 (Tex. May 29, 2008)(per curiam) (CPS mass custody case)

[36] In Re CitiGroup Global Markets, Inc., No. 06-0886 (Tex. May 16, 200)(per curiam)(arbitration compelled, no waiver found)

[35] City of Dallas v. Reed, No. 07-0469 (Tex. May 16, 2008)(per curiam) (TTCA, premises liability, unsafe road condition, plea to the jurisdiction)

[34] Chau v. Riddle, MD, No. 07-0035 (Tex. May 16, 2008)(health care liability, Good Samaritan defense fails,substituted per curiam opinion on motion for rehearing)

[33] Barrera, MD vs. Rico, No. 05-0928 (Tex. Apr. 18, 2008)(per curia m)(appealability of order denying doctor's motion for sanctions after plaintiff nonsuited HCLC suit and court dismissed without prejudice)

[32] Regent Care Center of San Antonio II, LP vs. Hargrave, No. 06-0717 (Tex. Apr. 18, 2008)(per curiam) (HCLC, medical malpractice, effect on nonsuit on health care provider's pending appeal of order denying sanctions)

[31] UT-PAN AM v. Aguilar, No. 07-0424 (Tex. Apr. 18, 2008)(per curiam) (TTCA, premises liability, dangerous condition, ostrich defense)

[30] In Interest of KCB, a Child, No. 07-1068 (Tex. Apr. 18, 2008) (per curiam) (family law, right to appeal in termination of parental rights case, procedural requisites for appeal)

[29] Moore, M.D. v. Gatica, No. 07-0094 (Tex. Apr. 11, 2008)(per curiam)(HCLC, ILA)

[28] Diaz-Rohena, M.D. v. Melton, No. 07-0173 (Tex. Apr. 11, 2008)(per curiam)(HCLC, ILA)

[27] Center for Neurological Disorders, P.A. v. George, No. 07-0174 (Tex. Apr. 11, 2008)(per curiam) (HCLC, ILA)

[26] Collini, M.D. v. Pustejovsky, No. 07-0227 (Tex. Apr. 11, 2008)(per curiam)(HCLC, ILA)

[25] Graham Oaks Care Center, Inc. v. Farabee No. 07-0228 (Tex. Apr. 11, 2008)(per curiam)(HCLC, ILA)

[24] Danos v. Ritter, MD, No. 07-0312 (Tex. Apr. 11, 2008)(per curiam)(HCLC, ILA)

[23] Hill Regional Hospital v. Runnels, No. 07-0368 (Tex. Apr. 11, 2008)(per curiam)(HCLC, ILA)

[22] Metwest, Inc. v. Rodriguez, Jr., No. 07-0422 (Tex. Apr. 11, 2008)(per curiam)(HCLC, ILA)

[21] Ansell Healthcare Products, Inc. v. Owens & Minor, Inc., No. 06-0386 (Tex. Apr. 4, 2008)(per curiam) (product liability, indemnification for litigation costs)

[20] County of Dallas v. Sempe, No. 05-0022 (Tex. Mar. 28, 2008)(per curiam)(no conflicts jurisdiction, petition ungranted)

[19] Lowenberg v. City of Dallas, No. 06-0310 (Tex. Mar. 28, 2008)(per curiam)(illegal fee, tax refund suit, takings claim, declaratory judgment, UDJA attorney's fees)

[18] Trend Offset Printing Services, Inc. v. Collin County Community College District (CCCCD) No. 06-0525 (Tex. Mar. 28, 2008)(per curiam) (governmental immunity, breach of contract, statutory waiver)

[17] City of Dallas v. DeQuire, No. 06-0543 (Tex. Mar. 28, 2008)(per curiam)(local governmental entities, immunity waiver)

[16] Bushnell v. Mott, No. 06-1044 (Tex. Mar. 28, 2008)(per curiam) (animal law, dog bite liability)

[15] City of Corsicana v. Stewart, No. 07-0058 (Tex. Mar. 28, 2008)(per curiam) (TTCA, premises liability, dangerous condition, drowning)

[14] O’Neil v. Ector ISD, No. 07-0084 (Tex. Mar. 28, 2008)(per curiam) (public employment disputes, teacher contract dispute, exhaustion of administrative remedies, limitations)

[13] Hamilton v. Wilson, MD, No. 07-0164 (Tex. Mar. 28, 2008)(per curiam) (HCLC, sufficiency of expert report)

[12] Murff, MD v. Pass, No. 07-0294 (Tex. Mar. 28, 2008) (jury selection, juror confusion, disqualification)

[11] Alfonso v. Skadden, No. 07-0321 (Tex. Mar. 28, 2008)(per curiam)(child custody jurisdiction, international family law, service by publication)

[10] Grimes Construction, Inc. v. Great American Lloyds Ins. Co., No. 06-0332 (Tex. 2007)(per curiam) (liability insurance coverage for defective work by contractor)

[9] Chau v. Jefferson Riddle, MD, No. 07-0035 (Tex. Feb. 15, 2008)(first per curiam opinion) (HCLA, medical malpractice, Good Samaritan defense rejected, summary judgment improperly granted)

[8] In the Interest of D.N.C. (Tex. Mar. 8, 2008)(child protection, DFPS suit, termination of parental rights, natural parent presumption, award to conservatorship to child protection agency properly reversed along with termination of parental rights in the absence of independent basis for rebutting parental presumption)

[7] Living Centers of Texas, Inc. v. Penalver, No. 06-0929 (Tex. Jan. 25, 2008)(per curiam) (wrongful death, nursing home negligence, improper jury argument, value of life, Nazi comparison)

[6] In re BP Products North America, Inc., No. 07-0119 (Tex. Jan. 25, 2008)(Gaultney, sitting by assignment)(discovery dispute, apex deposition, Rule 11 agreement, motion to quash notice of deposition, protective order, discovery mandamus granted)

[5] Nueces County v. San Patricio County, No. 07-0166 (Tex. Jan. 25, 2008)(per curiam) (governmental immunity, county vs county dispute over wrongfully collected property taxes)

[4] Warwick Towers Council of Co-Owners v. Park Warwick LP, No. 07-0384 (Tex. Jan 25, 2008)(per curiam)(insurance law, sufficiency, effectiveness of notice of appeal in insured's name, rather than insurer's)

[3] In Re Torry, No. 08-0057 (Tex. Jan. 25, 2008)(per curiam) (election mandamus against Democratic Party chair)

[2] Houser v. McElveen, No. 06-0504 (Tex. Jan. 11, 2008)(per curiam)(appellate procedure, timeliness of notice of appeal, prisoner suit)

[1] Levine v. Shackelford, No. 06-0553 (Tex. Jan. 11, 2008)(per curiam)(default judgment, motion to set aside, standard, motion for new trial, Craddock test)

2008-07-18 Texas Supreme Court Orders

The Court released no opinions today. It denied four petitions in today's orders: [Case styles are hotlinked to the opinions of the courts of appeals below]

No. 08-0232
CLINT W. LEWIS AND CLINT W. LEWIS AND ASSOCIATES v. EDWARD B. CHATELAIN, III; from Jefferson County; 9th district (09-07-00349-CV, ___ SW3d ___, 01-31-08)(attorneys fees dispute)

No. 08-0357
DONALD E. MANN, JR. v. DEBORAH BADAL MANN AND SOL CASSEB, III; from Bexar County; 4th district (04-07-00154-CV, ___ SW3d ___, 03-05-08) (divorce arbitration)

No. 08-0366
NATIONAL ADVERTISING COMPANY v. LARRY E. POTTER; from Harris County; 1st district (01-06-01042-CV, ___ SW3d ___, 04-03-08)(billboard lease)

No. 08-0414
ERIC H. SCHEFFEY, M.D. v. MIKE GEESLIN, COMMISSIONER OF INSURANCE OF THE TEXAS DEPARTMENT OF INSURANCE AND THE TEXAS MEDICAL LIABILITY INSURANCE UNDERWRITING ASSOCIATION; from Travis County; 3rd district (03-04-00811-CV, ___ SW3d ___, 02-15-08)(professional liability insurance surcharge, judicial review of Commission's order)

Links to monthly lists of petitions for review denied this year:

Petitions for Review denied by Tex. Sup. Ct. January 2008

Petitions for Review denied by Tex. Sup. Ct. February 2008

Petitions for Review denied by Tex. Sup. Ct. March 2008

Petitions for Review denied by Tex. Sup. Ct. April 2008

Petitions for Review denied by Tex. Sup. Ct. May 2008

Petitions for Review denied by Tex. Sup. Ct. June 2008

Legal Fee Contracts | Sacks v. Haden (Tex. 2008)

Texas Supreme Court enforces open-ended letter agreement for attorney's fees; disallows testimony about cap on fees claimed by client as impermissible under the parol evidence rule.

Sep. 26, 2008 UPDATE :
Texas Supreme Court issues Substituted Opinion in Sacks v. Haden (Tex. 2008)

Sacks v. Haden (Tex. July 11, 2008) (superseded per curiam opinion)

Client who challenged fee bill for federal appeal pays dearly as Texas Supreme Court rules for law firm in fee collection suit. Court gives effect to fee agreement which stated hourly rate, but no limit on hours or dollars, and holds that under the parol evidence rule client was not permitted to testify that the fee was capped. Houston Court of Appeals had held otherwise.

David J. Sacks, P.C. vs. Charles McIntre Haden,
No. 07-0472 (Tex. July 11, 2008) (per curiam)
(attorney fee litigation, breach of contract, parol evidence rule)

Texas Supreme Court says that Houston court of appeals erred in holding that there was no meeting of the minds necessary to form a binding contract governing appellate attorney's fees, and further erred in holding that the parol evidence rule did not bar the client’s evidence of an agreement with the law firm to cap fees. The evidence offered by Haden would alter the written fee agreement, and is therefore not admissible under the collateral and consistent exception to the parol evidence rule, the Court says.

DAVID J. SACKS, P.C. D/B/A SACKS & ASSOCIATES v. CHARLES MCINTYRE HADEN, JR., INDIVIDUALLY, AND CHARLES MCINTYRE HADEN, JR. & COMPANY D/B/A HADEN & COMPANY; from Harris County; 1st district (01-01-00200-CV, 222 SW3d 580, 03-08-07)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Supreme Court reverses the court of appeals' judgment and reinstates the trial court's judgment. (Retrieve Per Curiam Opinion in pdf)

Default Judgment Set Aside by Texas Supreme Court

Supreme Sympathy

Sells v. Drott, No. 07-0848 (Tex. 2008) (per curiam)

In this appeal from a default judgment the Supreme Court grants the frail-old-lady defendant a second chance to appear by attorney to defend a lawsuit which had apparently been answered on her behalf by a family member who was not an attorney. Advised of the legal ramifications, the family member took the Fifth in court-testimony on the issue; the answer on file was stricken, and a no-answer default judgment was entered against the senior citizen defendant. The Supreme Court explains that the Defendant was not given notice of the hearing at which the sufficiency of her written answer was called into question and evidence was presented. Because she was entitled to such notice, and possibly to an opportunity to "cure" the deficiency (legalese for fixing the problem), the Supreme Court reverses the Court of Appeals, and vacates the default judgment entered by the trial court.

Sells v. Drott, No. 07-0848 (Tex. 2008)(per curiam)(default judgment set aside on lack of notice grounds) (entitlement to notice of evidentiary hearing resulting in striking of pleadings, prejudicial effect of invoking fifth amendment in civil proceeding, adverse inference) (download 5-page opinion in pdf)

LAVERNA SELLS v. EARL DROTT; from Smith County; 12th district(12-07-00020-CV, ___ SW3d ___, 07-18-07)

2008-07-11 Texas Supreme Court Opinions

EMPLOYMENT LAW: Whistleblower Act vs. State Anti-Discrimination Act (TCHRA), Anti-Discrimination Act as Exclusive Remedy.
OPEN-ENDED ATTORNEY FEE CONTRACT ENFORCED: Parol Evidence Rule bars evidence that fees were capped.
DEFAULT JUDGMENT VACATED: Defendant was not given proper notice that her answer would be stricken; nor an opportunity to correct the problem.

City of Waco, Texas v. Lopez (Tex. 2008),
No. 06-0089 (Tex. July 11, 2008) (Opinion by Justice Wainwright) (Whistleblower Act, TCHRA, discrimination, exclusive remedy, failure to satisfy prerequisites for suit by not filing with agency first) (retaliatory discharge complaint should have been pursued under Texas Commission on Human Rights Act (CHRA), rather than under the general Whistleblower Act.
CITY OF WACO, TEXAS v. ROBERT LOPEZ; from Limestone County; 10th district (10-04-00085-CV, 183 SW3d 825, 12-14-05) The Court reverses the court of appeals' judgment and dismisses the case. Justice Wainwright delivered the opinion of the Court.

David J. Sacks, PC v. McIntre Haden (Tex. 2008),
No. 07-0472 (Tex. July 11, 2008) (per curiam) (attorney's fee collection suit, hourly attorney fee contract enforced, parol evidence rule held to bar introduction of evidence that flat fee had been agreed to or that total fees were capped where written agreement did not say so)
DAVID J. SACKS, P.C. D/B/A SACKS & ASSOCIATES v. CHARLES MCINTYRE HADEN, JR., INDIVIDUALLY, AND CHARLES MCINTYRE HADEN, JR. & COMPANY D/B/A HADEN & COMPANY; from Harris County; 1st district (01-01-00200-CV, 222 SW3d 580, 03-08-07)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and reinstates the trial court's judgment. Per Curiam Opinion

Sacks v. Haden, (Tex. 2008) (companion case involving appeal from turnover order based on judgment for attorney's fees that was not superseded)
No. 07-0487 (Tex. July 11, 2008)(per curiam) (turnover order to enforce judgment in fee collection case) DAVID J. SACKS, P.C. D/B/A SACKS & ASSOCIATES v. CHARLES MCINTYRE HADEN, JR., INDIVIDUALLY, AND CHARLES MCINTYRE HADEN, JR. & COMPANY D/B/A HADEN & COMPANY; from Harris County; 1st district (01-03-00025-CV, 222 SW3d 580, 03-08-07) unopposed motion to consolidate dismissed as mootPursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court. Per Curiam Opinion

Sells v. Drott, No. 07-0848 (Tex. 2008) (per curiam)
(default judgment set aside on lack of notice grounds; defendant not given proper notice of hearing at which defendant's pleadings were stricken)
LAVERNA SELLS v. EARL DROTT; from Smith County; 12th district (12-07-00020-CV, ___ SW3d ___, 07-18-07) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment, vacates the trial court judgment, and remands the case to the trial court. Per Curiam Opinion

Recently denied petitions for review with links to opinions

In June 2008 the Texas Supreme Court denied review in the following cases. [Click court of appeals case numbers to retrieve opinion of the court below]

Petitions Denied June 27, 2008

07-0437
CONSTABLE JACK F. ABERCIA & OLD REPUBLIC SURETY COMPANY v. KINGVISION PAY-PER-VIEW, LTD.; from Dallas County; 8th district
(08-05-00020-CV, 217 SW3d 688, 02-15-07)

07-0838
PETRO PRO, LTD., A TEXAS LIMITED PARTNERSHIP, AND L & R ENERGY CORPORATION v. NANCY WILSON BRISCOE, JUDITH BROCK SEITZ, AND CAROLYN ROGERS, UPLAND RESOURCES, INC., KCS RESOURCES, INC., GREAT LAKES ENERGY PARTNERS, L.L.C. AND STEVE ZEMKOSKI; from Roberts County; 7th district (07-05-00327-CV, ___ SW3d ___, 06-14-07) [separate opinion in 07-05-0327-CV]2 petitions

07-0986
MARELYN MEDINA, M.D. v. MICHAEL B. HART; from Hidalgo County; 13th district (13-04-00436-CV, 240 SW3d 16, 07-05-07)

08-0077
DANIEL K. FIX AND BARBARA J. FIX v. FLAGSTAR BANK, FSB; FIRST AMERICAN TITLE INSURANCE COMPANY OF TEXAS AND FIRST HORIZON HOME LOAN CORPORATION; from Denton County; 2nd district
(02-07-00030-CV, 242 SW3d 147, 11-21-07)

08-0095
FINLEY OIL WELL SERVICE, INC. v. RETAMCO OPERATING, INC.; from Bexar County; 4th district (04-06-00346-CV, 248 SW3d 314, 10-17-07)

08-0128
IN THE MATTER OF THE ESTATE OF ROSEZELLER WILLICH, DECEASED; from Henderson County; 12th district (12-06-00409-CV, ___ SW3d ___, 12-21-07)motion to amend dismissed as moot08-0140CYNTHIA HIEGER AND ROY C. HIEGER, BOTH INDIVIDUALLY AND AS NEXT FRIEND OF DAVID C. HIEGER, A MINOR v. WALGREEN COMPANY; from Harris County; 14th district (14-06-00962-CV, 243 SW3d 183, 10-11-07)
[Dissenting opinion in 14-06-00962-CV]

08-0212
THE ESTATE OF STEPHEN ELLIS ALEXANDER; from McLennan County; 10th district (10-06-00360-CV, 250 SW3d 461, 01-30-08)

08-0242
UNITED PLAZA-MIDLAND L.L.C. v. FIRST SERVICE AIRCONDITIONING CONTRACTORS, INC; from Midland County; 11th district (11-05-00382-CV, ___ SW3d ___, 12-20-07)as amended as redrafted

08-0255
KRISTOFER THOMAS KASTNER v. MARTIN, DROUGHT AND TORRES, INC., ET AL.; from Bexar County; 4th district (04-07-00342-CV, ___ SW3d ___, 10-31-07) as reinstated

08-0266
LEE, WAI-LING v. PALACIOS, ROSE MARIE; from Harris County; 14th district (14-06-00428-CV, ___ SW3d ___, 10-11-07) as redrafted

08-0304
ASPRI INVESTMENTS, L.L.C. v. AHMED AFEEF, MARYAM BEGUM AFEEF AND ENM FOOD MART, INC.; from Bexar County; 4th district
(04-07-00249-CV, ___ SW3d ___, 02-20-08)

08-0310
MICHAEL M. MCAFEE v. RICK FOSTER, ET AL.; from Cooke County; 2nd district (02-07-00080-CV, ___ SW3d ___, 02-07-08)

08-0320
HWC WIRE & CABLE COMPANY 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
(03-07-00006-CV, ___ SW3d ___, 03-12-08)

08-0327
WOODROW WILSON WILLIAMS v. WARDEN J. MOONEYHAM, OSCAR E. PAUL, STANLEY MCMILLER, SEAN PALMER; from Wichita County; 2nd district (02-06-00348-CV, ___ SW3d ___, 01-31-08)

08-0343
STANLEY V. GRAFF v. VERNON BERRY, M.D. WHITTLE, INDIVIDUALLY AND IN HIS CAPACITY AS COUNTY COMMISSIONER, RUFUS WARD, JR., ELMER CATON, JOSEF HAUSLER, IN THEIR CAPACITIES AS COUNTY COMMISSIONERS, AND THE COUNTY OF RED RIVER; from Red River County; 6th district (06-07-00058-CV, ___ SW3d ___, 03-18-08)

08-0350
STEPHANIE DUKES, ET AL. v. PHILIP JOHNSON/ALAN RITCHIE ARCHITECTS, P.C., ET AL.; from Tarrant County; 2nd district
(02-07-00095-CV, ___ SW3d ___, 03-27-08)

08-0358
ROBERT A. RAKOWSKI v. COMMITTEE TO PROTECT CLEAR CREEK VILLAGE HOMEOWNERS' RIGHTS AND PRESERVE OUR PARK; from Galveston County; 14th district (14-05-01143-CV, ___ SW3d ___, 04-03-08)[Substituted separate opinion in 14-05-01143-CV]

Petitions Denied June 20, 2008

08-0091
RONALD PUGH AND BETTY PUGH v. GENERAL TERRAZZO SUPPLIES, INC.; from Harris County; 1st district (01-06-00449-CV, 243 SW3d 84, 07-12-07)

08-0159
CITY OF HOUSTON, TEXAS v. MAGUIRE OIL COMPANY, ET AL.; from Harris County; 14th district (14-05-01272-CV, 243 SW3d 714, 10-11-07) (Justice Johnson not sitting)

08-0170
FG HOLDINGS, INC., FG INSURANCE SERVICES, INC., A/K/A FINANCIAL GUARDIAN AND TRANS-GLOBAL SOLUTIONS, INC. v. LONDON AMERICAN RISK SPECIALISTS, INC. AND GUARANTY INSURANCE SERVICES, INC. F/K/A TIMBERLINE INSURANCE SERVICES, INC.; from Jefferson County; 9th district (09-05-00522-CV, ___ SW3d ___, 12-13-07)2 petitions

08-0230
RODNEY ELKINS v. CAPITAL ONE BANK AND CAPITAL ONE SERVICES, INC.; from Dallas County; 5th district (05-06-01539-CV, ___ SW3d ___, 01-29-08)

08-0272
DEALERS ELECTRICAL SUPPLY CO. v. SCOGGINS CONSTRUCTION COMPANY, INC. AND BILL R. SCOGGINS; from Hidalgo County; 13th district (13-06-00368-CV, ___ SW3d ___, 12-20-07)08-0276 DANIEL ROEHRS, ET AL. v. FSI HOLDINGS, INC.; from Dallas County; 5th district (05-06-01432-CV, 246 SW3d 796, 02-26-08)2 petitions

08-0282
THE KITTEN FAMILY LIVING TRUST AND JERRY KITTEN v. SOUTH PLAINS LAMESA RAILROAD, LTD. AND LARRY DALE WISENER; from Lubbock County; 7th district (07-06-00209-CV, ___ SW3d ___, 01-28-08)

08-0288
RICHMOND CONDOMINIUMS v. SKIPWORTH COMMERCIAL PLUMBING, INC.; from Wichita County; 2nd district (02-05-00401-CV, ___ SW3d ___, 02-07-08) (Justice Johnson not sitting)

08-0347
IN THE MATTER OF L.M.M., A CHILD; from Collin County; 5th district (05-07-00504-CV, 247 SW3d 809, 03-19-08)08-0356 .39 ACRES, .748 ACRES, AND .5 ACRES (WITH IMPROVEMENTS) IN THE J. JOHNSON SURVEY, MARION COUNTY, TEXAS AND A .22 CALIBER RUGER SEMI-AUTOMATIC PISTOL v. THE STATE OF TEXAS; from Marion County; 6th district
(06-07-00101-CV, 247 SW3d 384, 02-29-08)

Petitions Denied June 13, 2008

06-0461
CHRISTUS SPOHN HEALTH SYSTEM CORPORATION D/B/A CHRISTUS SPOHN HOSPITAL SHORELINE AND FRED PURNELL THOMAS, JR., M.D. v. ROBERT C. RENAUD; from Nueces County; 13th district
(13-04-00524-CV, ___ SW3d ___, 04-20-06)

07-0003
MANUEL HABABAG, M.D. v. MARY GARCIA, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MELANY AVILA, DECEASED, ET AL.; from Jefferson County; 9th district
(09-06-00136-CV, ___ SW3d ___, 10-26-06)

07-0122
MARGARITA B. ZAVALA v. BRUCE EVAN FOSTER EXECUTOR OF THE ESTATE OF NILES REID FOSTER; from Ector County; 11th district
(11-05-00315-CV, 214 SW3d 106, 12-21-06)2 petitions

07-0265
MCKENNA MEMORIAL HOSPITAL, INC. AND ROBERT DONOVAN BUTTER, D.O. v. SANDRA QUINNEY; from Comal County; 3rd district
(03-06-00119-CV, ___ SW3d ___, 11-10-06)

07-0439
JORGE MIRANDA, M.D. v. GUADALUPE ADRIANA MARTINEZ, BRYAN POWERS, AND LEMUEL LOPEZ; from Hidalgo County; 13th district
(13-06-00386-CV, ___ SW3d ___, 03-08-07)

07-0842
VICTOR HADDAD, M.D. v. CESAR MARROQUIN AND OLGA BROWN; from Hidalgo County; 13th district (13-07-00014-CV, ___ SW3d ___, 08-29-07)2 petitions08-0069 BAYLOR UNIVERSITY MEDICAL CENTER, AND SARA THOMAS, R.N. v. DIANNA ROSA; from Dallas County; 5th district
(05-07-00639-CV, 240 SW3d 565, 12-07-07)

08-0139
MARYLAND CASUALTY COMPANY, NATIONAL STANDARD INSURANCE COMPANY, AND MARYLAND LLOYDS v. SOUTH TEXAS MEDICAL CLINICS, P.A.; from Wharton County; 13th district (13-06-00089-CV, ___ SW3d ___, 01-10-08)

08-0191
CONNIE ALLEN, SURVIVING SPOUSE AND LEGAL REPRESENTATIVE OF GRANVILLE DEAN ALLEN v. TED C. SCOTT, M.D.; from Lubbock County; 7th district (07-06-00075-CV, ___ SW3d ___, 01-25-08)

08-0241
GENERAL STAR INDEMNITY COMPANY v. GULF COAST MARINE ASSOCIATES, INC.; from Harris County; 14th district (14-06-00662-CV, ___ SW3d ___, 02-14-08) [Dissent in 14-06-00662-CV]

08-0261
STUART SPITZER, M.D. v. MADELON BERRY, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE/ADMINISTRATOR/EXECUTOR OF THE ESTATE OF TOMMY BERRY; from Henderson County; 12th district
(12-07-00276-CV, 247 SW3d 747, 02-22-08) respondents' motion to dismiss for want of jurisdiction denied

8-0296
MIRNA ACOSTA, INDIVIDUALLY AND AS NEXT FRIEND, NATURAL PARENT, AND LEGAL GUARDIAN OF DENIS ACOSTA, A MINOR v. MEMORIAL HERMANN HOSPITAL SYSTEM, MEMORIAL HERMANN HOSPITAL SYSTEM D/B/A MEMORIAL HERMANN SOUTHWEST HOSPITAL AND GREATER HOUSTON ANESTHESIOLOGY, P.A.; from Harris County; 14th district (14-07-00001-CV, ___ SW3d ___, 01-22-08)

Petitions Denied June 6, 2008

05-0028
ADMIRAL INSURANCE COMPANY v. WESTCHESTER FIRE INSURANCE COMPANY; from Tarrant County; 2nd district (02-01-00227-CV, 152 SW3d 172, 12-02-04)

07-0503
ZENITH INSURANCE COMPANY v. ROSAURA O. LOPEZ; from Midland County; 11th district (11-06-00086-CV, 229 SW3d 775, 05-17-07)

07-0735
TEXAS PARKS AND WILDLIFE DEPARTMENT v. MILBURN DEARING, KENNETH HEAD, AND MIKE WARREN, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED; from Travis County; 3rd district
(03-05-00499-CV, 240 SW3d 330, 08-03-07)
[Separate opinion in 03-05-00499-CV]

07-0947
LOUISE WALKER AND THE JAMES WALKER FAMILY LIMITED PARTNERSHIP v. CHAD L. LAMPMAN AND TRACI L. LAMPMAN; from Bosque County; 10th district (10-06-00096-CV, ___ SW3d ___, 08-08-07)[Concurrence in 10-06-00096-CV]

07-1038
ALINDA FRANCINE CARTER-THOMAS v. RICKY LYNN SULLIVAN; from Collin County; 5th district (05-06-00990-CV, ___ SW3d ___, 11-06-07) as redrafted

07-1061
FORT BEND COUNTY, TEXAS v. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY; from Fort Bend County; 14th district
(14-05-01106-CV, 237 SW3d 355, 06-21-07) (Justice O'Neill not sitting)

08-0024
KENNETH HUTH v. STATE OF TEXAS; from Bexar County; 7th district
(07-07-00274-CV, ___ SW3d ___, 08-28-07)08-0058 TAMMY ELKINS v. BANK OF AMERICA, N.A.; from Dallas County; 5th district (05-06-00065-CV, 232 SW3d 345, 08-15-07) (Justice Johnson not sitting)

08-0083
KAREN BROCK MURPHY, AMELIA BROCK BANNER, AND JODY BROCK IRWIN, INDIVIDUALLY AND AS CO-INDEPENDENT EXECUTORS OF THE ESTATE OF DORIS BERGLUND BROCK AND AS CO-TRUSTEES OF THE BROCK FAMILY TRUST v. G. MICHAEL GRUBER, WILLIAM D. ELLIOTT, AND KANE RUSSELL, COLEMAN & LOGAN, P.C.; from Dallas County; 5th district (05-05-01013-CV, 241 SW3d 689, 12-13-07)

08-0084
MCALLEN HOSPITALS, L.P., ET AL. v. CARMEN GARZA MUNIZ, ET AL.; from Hidalgo County; 13th district (13-06-00288-CV, ___ SW3d ___, 12-13-07)

08-0087
ESTATE OF HAZEL DELORES HATCHER, DECEASED; from Collin County; 5th district (05-06-01109-CV, ___ SW3d ___, 12-11-07)

08-0092
MICHAEL E. GEIGER v. BETTY WILLIAMS, ET AL.; from Houston County; 12th district (12-07-00198-CV, ___ SW3d ___, 12-12-07)

08-0106
ROBERT F. GREEN v. FORT BEND ISD; from Fort Bend County; 1st district (01-06-01157-CV, ___ SW3d ___, 12-20-07) as redrafted

08-0119
CITY OF LUBBOCK v. LARRY ACKERS; from Lubbock County; 7th district
(07-06-00421-CV, ___ SW3d ___, 11-29-07)

08-0134
JEANENNE LOEWE, INDIVIDUALLY AND D/B/A THE ELITE SALON OF 1960 v. TRAMMELL CROW COMPANY AND TRAMMELL CROW HOUSTON, LTD.; from Harris County; 14th district (14-06-00971-CV, ___ SW3d ___, 11-15-07)

08-0162
ROBERTO R. CAVAZOS, INDIVIDUALLY AND AS CO-TRUSTEE OF THE ANITA R. CAVAZOS LIVING TRUST, AND ANITA RENTFRO v. MANUEL V. CAVAZOS, IV AND ERNESTO R. CAVAZOS; from Zapata County; 4th district (04-06-00451-CV, 246 SW3d 175, 11-14-07) 3 petitions

08-0193
ARTHUR E. JACKSON AND JUDITH A. JACKSON v. HANCOCK & CANADA LLP, KENT CANADA, AND REUBEN L. HANCOCK; from Randall County; 7th district (07-06-00351-CV, 245 SW3d 51, 12-19-07)

08-0226
SAMUEL T. JACKSON v. TEXAS DEPARTMENT OF PUBLIC SAFETY, AND THOMAS A. DAVIS JR., IN HIS OFFICIAL CAPACITY AS DIRECTOR, TEXAS DEPARTMENT OF PUBLIC SAFETY; from Travis County; 13th district
(13-06-00573-CV, 243 SW3d 754, 11-01-07)

08-0233
NORTHWEST CONSTRUCTION COMPANY INC. v. THE OAK PARTNERS L.P., MORGAN DEVELOPMENT AND SUPPLY INC., METROPLEX MASONRY INC., ARI-TEX INC., MAX PLUMBING CONTRACTORS INC., S & S TILE LTD., AND KENT-ANDERSON CONCRETE L.P. D/B/A ANDERSON CONCRETE CONSTRUCTION; from Hood County; 2nd district (02-07-00293-CV, 248 SW3d 837, 03-06-08)

08-0234
RAY AND CAROL CLAXTON v. (UPPER) LAKE FORK WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1; from Hopkins County; 6th district
(06-06-00095-CV, 246 SW3d 381, 02-12-08)

08-0247
GLOBAL WATER GROUP, INC. v. ASPEN WATER, INC. AND ROBERT ATCHLEY; from Dallas County; 5th district (05-06-00709-CV, 244 SW3d 924, 02-14-08)08-0249 ROBIN G. WAKELAND v. GLORIA S. WAKELAND AND WILLIAM R. WAKELAND; from Bexar County; 4th district
(04-07-00332-CV, ___ SW3d ___, 02-13-08)

08-0290
STACE CAROL LE GRAND-BROCK v. ROY RICHARD BROCK; from Montgomery County; 9th district (09-07-00009-CV, 246 SW3d 318, 01-24-08)

08-0303
PAUL MOOD AND K&M DISTRIBUTORS v. KRONOS PRODUCTS, INC.; from Dallas County; 5th district (05-06-00111-CV, 254 SW3d 8, 11-28-07)

08-0305
MARCUS A. GIPSON, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF GWENDOLYN FOSTER, DECEASED, ET AL. v. CITY OF DALLAS; from Dallas County; 5th district (05-07-00628-CV, 247 SW3d 465, 03-11-08)

08-0307
EXPLO OIL, INC. v. CHARLES ARMENTROUT, SUSAN ARMENTROUT GIRVIN, LYNN A. MORRIS, SALLY NELMS AND BIRDS FORT LAKE LTD.; from Tarrant County; 2nd district (02-07-00100-CV, ___ SW3d ___, 03-06-08)

08-0309
RICHARD AARON TINNELL AND LAURA TINNELL v. POULSON CUSTOM HOMES, INC.; from Montgomery County; 9th district (09-06-00390-CV, ___ SW3d ___. 03-06-08)08-0312 PRUDENCE DIVINCENZO v. SEARS, ROEBUCK AND CO.; from Dallas County; 5th district (05-07-00525-CV, ___ SW3d ___, 03-10-08)

08-0325
SARAH HORTON (NOW STANNARD) v. CITY OF SMITHVILLE, TEXAS; from Bastrop County; 3rd district (03-07-00174-CV, ___ SW3d ___, 01-25-08)

Petitions for Review Denied June 2008 (pet. denied)

AS PART OF THE TEXAS SUPREME COURT ORDERS ISSUED JUNE 27, 2008 THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED:

Note: Case numbers in the Court of Appeals are hyperlinked to the opinion of the court of appeals; links to separate concurring or dissenting opinions were also added.

07-0437 CONSTABLE JACK F. ABERCIA & OLD REPUBLIC SURETY COMPANY v. KINGVISION PAY-PER-VIEW, LTD.; from Dallas County; 8th district (08-05-00020-CV, 217 SW3d 688, 02-15-07)

07-0838 PETRO PRO, LTD., A TEXAS LIMITED PARTNERSHIP, AND L & R ENERGY CORPORATION v. NANCY WILSON BRISCOE, JUDITH BROCK SEITZ, AND CAROLYN ROGERS, UPLAND RESOURCES, INC., KCS RESOURCES, INC., GREAT LAKES ENERGY PARTNERS, L.L.C. AND STEVE ZEMKOSKI; from Roberts County; 7th district (07-05-00327-CV, ___ SW3d ___, 06-14-07) [separate opinion in 07-05-0327-CV] 2 petitions

07-0986 MARELYN MEDINA, M.D. v. MICHAEL B. HART; from Hidalgo County; 13th district (13-04-00436-CV, 240 SW3d 16, 07-05-07)

08-0077 DANIEL K. FIX AND BARBARA J. FIX v. FLAGSTAR BANK, FSB; FIRST AMERICAN TITLE INSURANCE COMPANY OF TEXAS AND FIRST HORIZON HOME LOAN CORPORATION; from Denton County; 2nd district (02-07-00030-CV, 242 SW3d 147, 11-21-07)

08-0095 FINLEY OIL WELL SERVICE, INC. v. RETAMCO OPERATING, INC.; from Bexar County; 4th district (04-06-00346-CV, 248 SW3d 314, 10-17-07)

08-0128 IN THE MATTER OF THE ESTATE OF ROSEZELLER WILLICH, DECEASED; from Henderson County; 12th district (12-06-00409-CV, ___ SW3d ___, 12-21-07) motion to amend dismissed as moot

08-0140 CYNTHIA HIEGER AND ROY C. HIEGER, BOTH INDIVIDUALLY AND AS NEXT FRIEND OF DAVID C. HIEGER, A MINOR v. WALGREEN COMPANY; from Harris County; 14th district (14-06-00962-CV, 243 SW3d 183, 10-11-07)
[Dissenting opinion in 14-06-00962-CV]

08-0212 THE ESTATE OF STEPHEN ELLIS ALEXANDER; from McLennan County; 10th district (10-06-00360-CV, 250 SW3d 461, 01-30-08)

08-0242 UNITED PLAZA-MIDLAND L.L.C. v. FIRST SERVICE AIRCONDITIONING CONTRACTORS, INC; from Midland County; 11th district (11-05-00382-CV, ___ SW3d ___, 12-20-07) as amended as redrafted

08-0255 KRISTOFER THOMAS KASTNER v. MARTIN, DROUGHT AND TORRES, INC., ET AL.; from Bexar County; 4th district (04-07-00342-CV, ___ SW3d ___, 10-31-07) as reinstated08-0266LEE, WAI-LING v. PALACIOS, ROSE MARIE; from Harris County; 14th district (14-06-00428-CV, ___ SW3d ___, 10-11-07) as redrafted

08-0304 ASPRI INVESTMENTS, L.L.C. v. AHMED AFEEF, MARYAM BEGUM AFEEF AND ENM FOOD MART, INC.; from Bexar County; 4th district (04-07-00249-CV, ___ SW3d ___, 02-20-08)08-0310MICHAEL M. MCAFEE v. RICK FOSTER, ET AL.; from Cooke County; 2nd district (02-07-00080-CV, ___ SW3d ___, 02-07-08)

08-0320 HWC WIRE & CABLE COMPANY 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 (03-07-00006-CV, ___ SW3d ___, 03-12-08)

08-0327 WOODROW WILSON WILLIAMS v. WARDEN J. MOONEYHAM, OSCAR E. PAUL, STANLEY MCMILLER, SEAN PALMER; from Wichita County; 2nd district (02-06-00348-CV, ___ SW3d ___, 01-31-08)

08-0343 STANLEY V. GRAFF v. VERNON BERRY, M.D. WHITTLE, INDIVIDUALLY AND IN HIS CAPACITY AS COUNTY COMMISSIONER, RUFUS WARD, JR., ELMER CATON, JOSEF HAUSLER, IN THEIR CAPACITIES AS COUNTY COMMISSIONERS, AND THE COUNTY OF RED RIVER; from Red River County; 6th district (06-07-00058-CV, ___ SW3d ___, 03-18-08)

08-0350 STEPHANIE DUKES, ET AL. v. PHILIP JOHNSON/ALAN RITCHIE ARCHITECTS, P.C., ET AL.; from Tarrant County; 2nd district (02-07-00095-CV, ___ SW3d ___, 03-27-08)

08-0358 ROBERT A. RAKOWSKI v. COMMITTEE TO PROTECT CLEAR CREEK VILLAGE HOMEOWNERS' RIGHTS AND PRESERVE OUR PARK; from Galveston County; 14th district (14-05-01143-CV, ___ SW3d ___, 04-03-08)
[Substituted separate opinion in 14-05-01143-CV]

See List of all petitions for review denied by the Tex. Sup. Ct. in June 2008