Saturday, August 9, 2008

2008-08-08 Lull at Texas Supreme Court Lingers On

August 8, 2008. Texas High Court -- currently on summer intermission -- issues four routine PFR denials, and not much else:

THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED
[click case style to read opinion of the court of appeals]:

08-0368
KIRK WAYNE MC BRIDE, SR. v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE-CORRECTIONAL INSTITUTIONS DIVISION, ET AL.; from Bee County; 13th district (13-05-00391-CV & 13-05-00392-CV, ___ SW3d ___, 02-28-08, pet. denied Aug. 2008)(prisoner suit, DTPA consumer law)

08-0420
CAROL SYLVIA SMITH v. PAMELA WEBB AND ANN HOSEK; from San Patricio County; 13th district (13-06-00523-CV, ___ SW3d ___, 04-30-08, pet. denied Aug. 2008) (easement by necessity)

08-0431
JIMMIE CASIAS, AS REPRESENTATIVE OF THE ESTATE OF SANTIAGO G. CASIAS (DECEASED) AND RACHEL CASIAS, AS REPRESENTATIVE OF CASIAS OIL WELL SERVICE, INC. v. SOMERSET INDEPENDENT SCHOOL DISTRICT (SISD); from Bexar County; 4th district (04-07-00829-CV, ___ SW3d ___, 04-23-08, pet. denied Aug. 2008) (no waiver of governmental immunity, Tooke v. City of Mexia progeny)

08-0513 SOUTH PLAINS SWITCHING, LTD. CO. AND SOUTH PLAINS LAMESA RAILROAD, L.L.C. v. BNSF RAILWAY COMPANY, F/K/A THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY; from Lubbock County; 7th district (07-06-00165-CV, ___ SW3d ___, 04-17-08, pet. denied Aug. 2008) (Justice O'Neill not sitting) (railway dispute)

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