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)