Dec. 2009 End-of-Year Texas Supreme Court Decisions

DEC. 18, OPINIONS ISSUED BY THE TEXAS SUPREME COURT

UNILATERAL CONTRACT CAN BECOME VALID AND ENFORCEABLE: ACCEPTANCE BY PERFORMANCE
Vanegas v. American Energy Servcies, No. 07-0520 (Tex. Dec. 18, 2009) (Green)
(contract formation and validity, enforceability)(illusory promise at the time it was made, promise became enforceable upon performance)
ED VANEGAS, JIMMY D. HALMAN, SAM ARMSTRONG, ALEX CARBAJAL, ROGER FARRINGTON, CURTIS HUFF, AND TITO BETANCUR v. AMERICAN ENERGY SERVICES, NIEWOEHNER PARTNERSHIP, L.P., RCH/HSJ/CCM/MCPI, L.P., AUTRY STEPHENS, JOHN CARNETT, BRACK BLACKWOOD, AND DENNIE MARTIN; from Midland County; 11th district (11-06-00118-CV, 224 SW3d 544, 05-10-07)
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Green delivered the opinion of the Court. [pdf]

CORRECTION DEED COULD NOT BE USED TO ADD PROPERTY OMITTED FROM ORIGINAL CONVEYANCE, BUT RESCISSION REMEDY GRANTED IN LIGHT OF ERROR
Myrad Properties, Inc. v. Lasalle Bank NA, No. 08-0444 (Tex. Dec. 18, 2009)(Green)
(whether a correction deed may convey two properties when an unambiguous deed mistakenly conveyed only one, correction deed found void, court renders judgment and orders rescission of the mistaken deed)
MYRAD PROPERTIES, INC. v. LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF GMAC COMMERCIAL MORTGAGE SECURITES, INC., COMMERICIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1997-C1, ROBIN GREEN, AND MELISSA COBB;
from Bell County; 3rd district (03-07-00240-CV, 252 SW3d 605, 03-28-08)
The Court reverses the court of appeals' judgment and renders judgment.
Justice Green delivered the opinion of the Court. [pdf]

WHISTLEBLOWER CASE REMANDED UNDER NEW PRECEDENT WHICH MAKES PLEADING SUFFICIENCY A JURISDICTIONAL ISSUE
UT Southwestern Med. Ctr. at Dallas v. Gentillello, M.D., No. 08-0696 (Tex. Dec. 18, 2009)(per curiam) (Whistleblower case remanded in light of decision, holding in State v. Lueck)
THE UNIVERSITY OF TEXAS SOUTHWESTERN MEDICAL CENTER AT DALLAS v. LARRY M. GENTILELLO, M.D.; from Dallas County; 5th district (05-07-00845-CV, 260 SW3d 221, 07-18-08) motion to dismiss dismissed as moot stay order issued October 2, 2008, lifted
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 remands the case to that court.
Per Curiam Opinion [pdf]

TRIAL COURT ALLOWED TOO MUCH DISCOVERY: SUPREME COURT AGAIN STEPS IN AND WIELDS MANDAMUS POWERS TO PROTECT CORPORATE DEFENDANT; LIMITS MANUFACTURER'S DUTY TO PRODUCE DOCUMENTS IN PRODUCT LIABILITY SUIT
In Re Deere & Co., No. 08-1076 (Tex. Dec. 18, 2009)(per curiam)(orig. proceeding) (discovery mandamus granted) (trial court’s order compelling production of documents found overly broad in temporal scope)
IN RE DEERE & COMPANY D/B/A JOHN DEERE COMPANY AND JOHN DEERE CONSTRUCTION & FORESTRY COMPANY; from Johnson County; 10th district (10-08-00436-CV, ___ SW3d ___, 12-22-08) stay order issued January 14, 2009, lifted
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus.
Per Curiam Opinion [pdf]

Dec. 11, 2009 Texas Supreme Court Opinions

DUTY TO DEFEND AND DUTY TO INDEMNIFY DISTINGUISHED IN BUILDER VS. INSURER COVERAGE DISPUTE
D.R. Horton-Texas, Ltd. v. Markel International Ins. Co. No. 06-1018 (Tex. Dec. 11, 2009)(Wainwright) (CGL insurance coverage, duty to defend, duty to indemnify)
D.R. HORTON-TEXAS, LTD. v. MARKEL INTERNATIONAL INSURANCE COMPANY, LTD.; from Harris County; 14th district (14-05-00486-CV, ___ SW3d ___, 10-26-06)
The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the trial court.
Justice Dale Wainwright delivered the opinion of the Court [in pdf]
(Justice Guzman not sitting)

IT MUST BE THE PLAINTIFF'S FAULT: SUPREMES SEE TO IT THAT DTPA PLAINTIFF LOSES; MAKE UP NEW RULE, APPLY IT RETROACTIVELY AND RULE AGAINST PLAINTIFF BECAUSE HE FAILED TO ESTABLISH EVIDENCE TO SATISFY THE NEW RULE HE DID NOT ANTICIPATE.
Metro Allied Ins. Agency v. Lin, No. 07-1032 (Tex. Dec, 11, 2009)(per curiam)
(DTPA, negligence claim predicated on failure to procure insurance coverage, causation standard)(take-nothing JNOV against plaintiff reinstated)
METRO ALLIED INSURANCE AGENCY, INC. AND C. MICHAEL MCGLOTHLIN v. SHIHCHE E. LIN, INDIVIDUALLY AND D/B/A APTUS COMPANY, AND SUNG-PING H. LIN; from Harris County; 1st district (01-05-00196-CV, ___ SW3d ___, 08-31-07)
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 remands the case to the trial court.
Per Curiam Opinion [in pdf]

ASSAULT ON JURY VERDICTS CONTINUES: SUPREME COURT FINDS FAULT WITH EXPERT TESTIMONY ON DEFECTIVE CLOTHES DRYER IN PRODUCT-LIABILITY SUIT BROUGHT BY PARENTS OF TEEN WHO PERISHED IN FIRE. JURY HAD FOUND THAT A DESIGN DEFECT IN WHIRLPOOL DRYER CAUSED THE FATAL FIRE. SUPREME COURT DISAGREES, REVERSES, AND RENDERS JUDGMENT FOR THE MANUFACTURER.
Whirlpool Corp. v. Camacho, No. 08-0175 (Tex. Dec. 11, 2009)(Johnson)
(product liability suit, design defect, laundry dryer fire, expert testimony)(multi-million judgment on jury verdict reversed)
WHIRLPOOL CORPORATION v. MARGARITA CAMACHO, ET AL.; from Hidalgo County;
13th district (13-05-00361-CV, 251 SW3d 88, 01-17-08)
The Court reverses the court of appeals' judgment and renders judgment.
Justice Phil Johnson delivered the opinion of the Court [in pdf]
(Justice Guzman not sitting)

2009-11-20 Texas Supreme Court Nixes Gas Station Owners' Class Action Against Exxon

ANOTHER CLASS-ACTION UNDONE BY THE TEXAS SUPREME COURT

Exxon Mobil Corp. v. Gill, No. 07-0404 (Tex. Nov. 20, 2009)(per curiam)(class action suits)(trial court’s class certification order in suit brought by gas station dealers over pricing and rebates is vacated and the case is remanded to that court for further proceedings)
EXXON MOBIL CORPORATION v. DAN GILL, ET AL.; from Nueces County;
13th district (13 06 00048 CV, ___ SW3d ___, 04 12 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 remands the case to the trial court. (Justice O'Neill and Justice Guzman not sitting)

APPEAL OVER THIRD-PARTY LIABILITY IN TEXAS A&M BONFIRE COLLAPSE ENDS AS TEXAS SUPREME COURT UN-GRANTS PETITION FOR REVIEW AS MOOT AFTER SETTLEMENT

Zachry Construction Corp v. Texas A&M University, No. 07-1050 (Tex. Nov. 20, 2009) (O'Neill)(A&M bonfire litigation aftermath, proportionate responsibility, responsible third party) (petition for review mooted by settlement and status change to "settling person")
ZACHRY CONSTRUCTION CORPORATION, ET AL. v. TEXAS A&M UNIVERSITY; from Brazos County; 10th district (10 05 00139 CV, 236 SW3d 801, 11 14 07) 2 petitions, motion to dismiss denied The Court withdraws its order of May 15, 2009, granting the petitions for review, as the petitions were improvidently granted. The petitions for review are denied.
Justice Harriet O'Neill delivered the opinion of the Court. (Justice Willett not sitting)

SUBSTITUTED OPINION ISSUED IN BILLBOARD CONDEMNATION APPEAL

State of Texas v. Central Expressway Sign Associates, No. 08-0061 (Tex. Nov. 20, 2009)(Subst. Op. by O'Neill) (condemnation, proper method for determining market value, admissibility of expert testimony, methods to appraise market value of condemned property)(harmful error analysis of complaints about admission or exclusion of evidence on appeal)
THE STATE OF TEXAS v. CENTRAL EXPRESSWAY SIGN ASSOCIATES, ET AL.; from Dallas County;5th district (05 06 00003 CV, 238 SW3d 800, 08 31 07)
motion for rehearing denied
The Court's opinion of June 26, 2009 is withdrawn and the opinion of this date is issued.
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice O'Neill delivered the opinion of the Court.
(Justice Guzman not sitting)

ANOTHER TORT SUIT AGAINST A GOVERNMENTAL ENTITY BITES THE DUST IN THE HIGH COURT

City of Waco v. Kirwan, No. 08-0121 (Tex. Nov. 20, 2009)(Green)(premises liability, fatal fall from cliff, recreational use statute)
CITY OF WACO v. DEBRA KIRWAN, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF BRAD MCGEHEE, DECEASED; from McLennan County;
10th district (10 07 00123 CV, 249 SW3d 544, 01 09 08)
The Court reverses the court of appeals' judgment and dismisses the case.
Justice Green delivered the opinion of the Court, in which Justice Hecht, Justice O'Neill, Justice
Wainwright, Justice Medina, Justice Johnson, Justice Willett, and Justice Guzman joined as to Parts I–V, and in which Chief Justice Jefferson joined as to Part IV.

JURY'S DENIAL OF ALL ATTORNEY'S FEES REVERSED AND CASE REMANDED FOR NEW TRIAL ON FEES

Midland Western Building LLC v. First Service Air Conditioning Contractors, Inc., No. 08-0504 (Tex. Nov. 20, 2009)(per curiam) (zero attorney's fees awarded by jury not supported by the evidence, attorney fee testimony, segregation of fees incurred against different parties)(new trial on attorney's fees ordered)
MIDLAND WESTERN BUILDING L.L.C. v. FIRST SERVICE AIR CONDITIONING CONTRACTORS, INC.; from Midland County; 11th district (11 06 00222 CV, ___ SW3d ___, 03 13 08)
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 remands the case to the trial court.

NON-SIGNATORIES COMPELLED TO ARBITRATE WRONGFUL DEATH CLAIMS BASED ON BENEFICIARY STATUS

In Re Golden Peanut Co.,LLC, No. 09-0122 (Tex. Nov. 20, 2009)(per curiam)(mandamus compelling arbitration granted) (arbitration and nonsignatories, wrongful death plaintiffs bound by arbitration agreement consented to by worker prior to being killed on the job as derivative claimants and must arbitrate claim against employer, pre-injury waivers, forum selection vs. waiver of substantive rights)
IN RE GOLDEN PEANUT COMPANY, LLC; from Gaines County;
11th district (11 08 00215 CV, 269 SW3d 302, 11 13 08)
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus.


ORDER ON MOTIONS FOR REHEARING


WILLETT DISSENT FROM DENIAL OF PETITION FOR REVIEW IN CASE RAISING OFFICIAL IMMUNITY ISSUE

Watson v. Watkins, No. 09-0166 (Tex. Nov. 20, 2009)(Willett)(opinion dissenting from denial of review) (would accept case presenting question whether peace officers are entitled to official immunity for acts performed while serving as private security guards will off-duty).
SHANE WATSON v. SHIRLEY NEWMAN AND JILL WATKINS; from Potter County;
7th district (07 08 00203 CV, ___ SW3d ___, 11 21 08)
Justice Willett, joined by Justice Hecht, delivered an opinion dissenting from the denial.

2009-10-30 Tex. Sup. Ct. Opinions

Texas Supreme Court Opinions Issued October 30, 2009

ATTORNEY'S FEES OCCASIONED BY PROFESSIONAL NEGLIGENCE OF ATTORNEY(S) RECOVERABLE BY CLIENT AS DAMAGES IN SUBSEQUENT LEGAL MALPRACTICE SUIT - "AMERICAN RULE" NOTWITHSTANDING

Akin, Gump, Strauss, Hauer & Feld, LLP v. National Development and Research Corp. No. 07-0818 (Tex. Oct. 30, 2009)(Johnson)(legal malpractice, damages dependent on collectibility or would-be judgment, attorney's fees caused by malpractice as recoverable damages, the American Rule)(fee forfeiture remedy for breach of fiduciary duty to client distinguished) (proper amount of attorney's fees damages to be determined upon remand)
AKIN, GUMP, STRAUSS, HAUER & FELD, L.L.P. v. NATIONAL DEVELOPMENT AND RESEARCH CORPORATION; from Dallas County; 5th district (05-06-01024-CV, 232 SW3d 883, 08-29-07) 2 petitions
The Court reverses the court of appeals' judgment, renders judgment in part, and remands the case in part to the court of appeals.
Justice Johnson delivered the opinion of the Court.
Related Tex Parte post: Texas Supreme Court: Legal malpractice client can recover fees it paid

CORRECT AMOUNT OF FRAUD DAMAGES TO BE FIGURED ON REMAND, VIA REMITTITURE OR NEW TRIAL

Aquaplex, Inc v. Rancho La Valencia, Inc., No. 08-0280 (Tex. Oct 30, 2009)(per curiam) (fraud damages, proving amount of damages, remittiture by court of appeals or new trial)
AQUAPLEX, INC. AND JAMES EDWARD JONES, JR. v. RANCHO LA VALENCIA, INC. AND CHARLES R. "RANDY" TURNER; from Travis County; 7th district (07-06-00157-CV, 253 SW3d 728, 11-02-07)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court affirms in part and reverses in part the court of appeals' judgment and remands the case to that court.

COURT OF APPEALS SHOULD NOT HAVE RENDERED JUDGMENT IN INVERSE CONDEMNATION APPEAL; CASE TO GO BACK TO TRIAL COURT FOR FURTHER PROCEEDINGS

City of Houston v. Trail Enterprises, Inc. No. 08-0413 (Tex. Oct. 30, 2009)(per curiam) (ripeness doctrine, inverse condemnation ripe, regulatory takings claim, zoning)(remanded to trial court)
CITY OF HOUSTON, TEXAS v. TRAIL ENTERPRISES, INC. D/B/A WILSON OIL COMPANY, ET AL.; from Harris County; 10th district (10-05-00382-CV, 255 SW3d 105, 04-09-08)
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 remands the case to the trial court.

VICE-PRINCIPALS WHO DEFAMED EMPLOYEE WITH KNOWLEDGE OF FALSITY TRIGGERED KNOWING-FALSEHOOD EXCLUSION OF COMMERCIAL INSURANCE POLICY'S PI/LIBEL/SLANDER COVERAGE. INSURER EXCUSED FROM PAYING.

Chrysler Ins. Co., v. Greenspoint Dodge of Houston, Inc., No. 08-0780 (Tex. Oct. 30, 2009)(per curiam) (insurance coverage dispute, knowledge of falsity exclusion to defamation liability coverage based on knowledge of vice-principals; knowledge imputed on insured, thus exclusion applies, warranting take-nothing judgment)
CHRYSLER INSURANCE COMPANY, FORMERLY KNOWN AS DAIMLERCHRYSLER INSURANCE COMPANY v. GREENSPOINT DODGE OF HOUSTON, INC.; from Harris County;
1st district (01-05-01115-CV, 265 SW3d 52, 04-10-08) 2 petitions
motion to dismiss the cross-petition on behalf of Jack Apple, Jr. granted
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court affirms in part and reverses in part the court of appeals' judgment and renders judgment.
(Justice Guzman not sitting)

DEFAULT JUDGMENT REVERSED ON HYPER-TECHNICALITY IN FORM. - SERVICE OF CITATION WAS BY CERTIFIED MAIL, BUT SUPREMES FIND FAULT WITH ABSENCE OF A NOTATION AS TO THE HOUR ON THE RETURN (as if it could ever make any difference). -- Even the slightest irregularity will do to throw out a [default] judgment for a Plaintiff.

Insurance Company of the State of Pennsylvania v. Lejeune, No. 08-0829 (Tex. Oct. 30, 2009) (per curiam) (restricted appeal of default judgment, error on the face of the record, time of service not noted on return of citation)
INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA v. EDWARD LEJEUNE; from Red River County; 6th district (06-07-00142-CV, 261 SW3d 852, 08-20-08)
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 remands the case to the trial court.

Texas Supreme Court's First Set of Opinions in New FY Does Not Suggest Any Impending Shift

MISSION STATEMENT: THE BUSINESS OF AN ALL-REPUBLICAN TEXAS SUPREME COURT IS TO REVERSE JURY VERDICTS IN TORT CASES AGAINST CORPORATE DEFENDANTS.

A VARIETY OF LEGAL THEORIES WILL DO, INCLUDING FEDERAL PREEMPTION

October 23, 2009 Opinions

AS LONG AS THE NUMBER OF FOOTNOTES EXCEEDS 50, IT MUST BE THE CORRECT DECISION (AFTER ALL, WHO HAS THE TIME TO ACTUALLY READ HECHT'S OPINIONS AND UNDERSTAND THAT FEDERAL INVOLVEMENT WAS MEANT TO PROMOTE SAFETY AND PREVENT TRAGEDIES SUCH AS THIS ONE, RATHER THAN PROVIDE AN EXCUSE TO THROW OUT A JURY AWARD IN A WRONGFUL DEATH CASE IN THE NAME OF FEDERAL PREEMPTION?)

Missouri Pacific RR Co. v. Limmer, No. 06-0023 (Tex. Oct. 23, 2009)(Hecht) (judgment on jury verdict in wrongful death case arising from train-truck collision reversed based on federal preemption) MISSOURI PACIFIC RAILROAD COMPANY D/B/A UNION PACIFIC RAILROAD COMPANY v. PATRICIA LIMMER, BILLYE JOYCE SMITH, AND BOBBY JEAN NOTHNAGEL; from Harris County;14th district (14-02-00688-CV, 180 SW3d 803, 11-29-05) 2 petitions The Court reverses the court of appeals' judgment and renders judgment.Justice Hecht delivered the opinion of the Court in which Chief Justice Jefferson, Justice Wainwright, Justice Medina, Justice Green, Justice Johnson, and Justice Willett joined.(Justice O'Neill and Justice Guzman not sitting)(Newly appointed Justice Eva Guzman is the author of the opinion in the court of appeals)(reversal and remand not sufficient, new colleagues hold, take-nothing judgment must be entered)

WHAT HAPPENS WHEN A JUDGMENT IS REVERSED THAT HAS ALREADY BEEN PAID TO AVOID CONTINUING ACCRUAL OF INTEREST? CAN THE SUCCESSFUL APPELLANT GET THE MONEY BACK?

Miga v. Jensen, No. 07-0123 (Tex. 2009)(Jefferson) (recovery of money paid on judgment upon reversal on appeal, restitution, unjust enrichment) (voluntary payment rule inapplicable) DENNIS L. MIGA v. RONALD L. JENSEN; from Tarrant County;2nd district (02-05-00277-CV, ___ SW3d ___, 11-30-06). The Court affirms the court of appeals' judgment. Chief Justice Jefferson delivered the opinion of the Court.

FEE RECOVERY LIMITED

Smith v. Patrick W. Y. Tam Trust, No. 07-0970 (Tex. Oct. 23, 2009)(Jefferson) (reasonableness of attorneys fees when recovery of damages is less than what was sought) LAURI SMITH AND HOWARD SMITH v. PATRICK W.Y. TAM TRUST; from Collin County;5th district (05-06-00356-CV, 235 SW3d 819, 07-31-07). The Court reverses in part the court of appeals' judgment and remands the case to the trial court. Chief Justice Jefferson delivered the opinion of the Court.

DEBT COLLECTORS / THIRD-PARTY DEBT BUYERS CAN'T DO NO WRONG - SUPREME COURT BLESSES ATTEMPTS TO USE (AND BURDEN) STATE COURT SYSTEM TO COLLECT CREDIT CARD DEBT ALREADY DISCHARGED IN BANKRUPTCY

Unifund CCR Partners v. Villa, No. 08-1026 (Tex. Oct. 23, 2009)(per curiam) (sanctions for filing suit to collect debt discharged in bankruptcy reversed) UNIFUND CCR PARTNERS v. JAVIER VILLA; from Webb County;4th district (04-07-00465-CV, 273 SW3d 385, 09-17-08) 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 renders judgment. Per Curiam Opinion

FORMER EMPLOYEE COMPELLED TO ARBITRATE (WHAT ELSE IS NEW?)

In Re Polymerica, LLC, No. 08-1064 (Tex. Oct. 23, 2009)(per curiam) (arbitration mandamus granted) IN RE POLYMERICA, LLC D/B/A GLOBAL ENTERPRISES, INC.; from El Paso County; 8th district (08-08-00070-CV, 271 SW3d 442, 11-25-08) stay order of February 24, 2009 lifted Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral
argument, the Court conditionally grants the petition for writ of mandamus. Per Curiam Opinion

ORDERS ON MOTIONS FOR REHEARING

EVEN ODD MINI-SUPPL-OPS WILL BOOST THE PRODUCTIVITY STATS: SUPREMES ISSUE PER CURIAM ON MOTION FOR REHEARING THAT DOES NOT EVEN CITE ORIGINAL OPINION, AND DOES NOT SAY WHO O'CONNOR IS (no, it's not the former U.S. Supreme Court Justice)

In Re Houston Pipe Line Co, LP., No. 08-0800 (Tex. Oct. 23, 2009)(per curiam) (opinion on denial of motion for rehearing) (limited discovery prior to arbitration sometimes permissible) IN RE HOUSTON PIPE LINE COMPANY, L.P., ET AL.; from Victoria County;13th district (13-07-00299-CV & 13-07-00362-CV, 269
SW3d 90, 08-26-08). Supplemental Per Curiam Opinion

Texas Supreme Court's Petition Denials So Far for FY 2009-2010

The Texas Supreme Court has only issued a single opinion in the new fiscal year (which began September 1) - a per curiam mandamus grant in a discovery dispute. The Court has already denied dozens of petitions for review (PFRs) however. (list updated Oct. 19, 2009)

To wit:

THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED OCT 16, 2009:

09-0575

BOBBY FERACHI v. SHAWN CADY; from Denton County;2nd district (02-07-00355-CV, ___ SW3d ___, 05-28-09)(contract for purchase of interest in houseboat unsuccessfully challenged as indefinite and unenforceable, indefiniteness of contract, meeting of the minds element, JNOV)

09-0612

NAZARETH INTERNATIONAL, INC. v. J.C. PENNEY COMPANY, INC. AND J.C. PENNEY CORPORATION, INC.; from Collin County;5th district (05-07-01578-CV, 287 SW3d 452, 06-12-09) as redrafted (action for the price of goods, merchant business-to-business sales)

09-0621

BIELA'S GLASS AND ALUMINUM PRODUCTS, INC. AND ALERT LOCK AND KEY v. SONIA VALVERDE; from Bexar County;4th district (04-08-00587-CV & 04-08-00857-CV, ___ SW3d ___, 06-10-09, pet denied Oct 2009) (designation of responsible third party, timelines, limitations, res judicata)

09-0663

MICHAEL G. BYBOTH v. WOOD LIMITED PARTNERSHIP; AMS STAFF LEASING, INC.; AND CHARLES D. WOOD, JR.; from Collin County;5th district (05-08-00915-CV, ___ SW3d ___, 05-21-09)(breach of promissory note, personal guaranty, findinds of fact and conclusions of law).

09-0674

JOHN CLYDE GUERRA v. WAL-MART STORES, INC. AND ED GARZA, INDIVIDUALLY AND AS AGENT FOR WAL-MART; from Starr County;4th district (04-08-00146-CV, ___ SW3d ___, 07-01-09, pet. denied Oct 2009)(employment dispute, at will employment, no employment contract - no breach of contract, no agency, actual or apparent authority to enter contract for life-long employment, intentional infliction of emotional distress claim fails on appeal)

09-0680

WILLIAM D. BEARD v. COMMISSION FOR LAWYER DISCIPLINE; from Dallas County; 5th district (05-07-00428-CV, ___ SW3d ___, 03-17-09, pet denied Oct 2009)(disbarment affirmed, affirmative defense of limitations waived by failure to plead it,trial amendment denied as prejudicial)

09-0682

ROY JONES v. POLK MECHANICAL COMPANY, LLC; from Bexar County;4th district (04-08-00509-CV, ___ SW3d ___, 07-01-09, pet. denied Oct 2009)(limitations discovery rule, standing issue as basis for summary judgment)

09-0718

R.W. ROGERS, SR. v. LAYNE HARWELL AND NELDA HARRIS; from Tarrant County; 2nd district (02-08-00376-CV, ___ SW3d ___, 05-28-09, pet denied Oct 2009)(prisoner's malpractice suit against criminal defense attorney properly dismissed)

THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED OCT 9, 2009:

09‑0424

FREDRICK GILANI v. MOJGAN JALAILI-NAEINI; from Denton County;2nd district (02‑09‑00015‑CV, ___ SW3d ___, 03‑19‑09, pet denied Oct 2009)(untimely notice of appeal, jurisdictional dismissal required)

09‑0507

CARLOS A.L. VAUGHN v. NATRENIA L. HICKS, ET AL.; from Anderson County;14th district (14‑08‑00726‑CV, ___ SW3d ___, 04‑16‑09)Vaughn v. Hicks (Tex.App.- Houston [14th Dist.] Apr. 16, 2009, pet. denied Oct 2009)(per curiam) (pro se prisoner suit should have been dismissed without prejudice, rather than with prejudice)

09‑0551

CLAIRE STANARD PHILLIPS v. TROY D. PHILLIPS; from Dallas County;8th district (08‑06‑00171‑CV, ___ SW3d ___, 03‑26‑09, pet. denied Oct 2009)(divorce property division, characterization of property, constructive fraud, offset reimbursement claims)

09‑0624

BOBBY LUCKY v. KITCHEN CAPTAIN HAINES ET AL.; from Taylor County;11th district (11‑08‑00252‑CV, ___ SW3d ___, 05‑07‑09, pet. denied Oct 2009)(inmate suit re: contaminated food, dismissal affirmed)

09‑0631

ELIJAH W. RATCLIFF v. LHR, INC.; from Polk County;9th district (09‑07‑00566‑CV, ___ SW3d ___, 05‑28‑09, pet. denied Oct 2009)(debt suit, breach of retail installment contract, summary judgment for plaintiff suing as assignee affirmed, no-evidence motion for summary judgment on counterclaim granted and affirmed, adequacy of time prior to no-evidence summary judgment)

09‑0656

GEORGE DIEHL DOLAN v. ZELIE M. DOLAN; from Harris County;1st district (01‑07‑00694‑CV, ___ SW3d ___, 06‑18‑09, pet. denied Oct 2009) Dolan v. Dolan (Tex.App.- Houston [1st Dist.] Jun. 18, 2009. pet. denied Oct 2009) (probate law, trustee, breach of fiduciary duty, preservation of error)

09‑0687

BOBBIE WASHINGTON v. ANNIE MARIE GARRETT SMITH, ET AL.; from Harrison County; 6th district (06‑08‑00121‑CV, 289 SW3d 362, 06‑30‑09, pet denied Oct 2009)(probate litigation, removal of administratrix, dependent, independent administration of estate, attorneys fees, appellate sanctions denied)

09‑0727

JOHN FOX v. CITY OF EL PASO, THOMAS MAGUIRE, WILLIAM STERN, MARIO D'AGOSTINO, SAM JARVIS AND JOHN DOE(S); from El Paso County;8th district (08‑08‑00093‑CV, ___ SW3d ___, 07‑22‑09, pet. denied Oct 2009)(defective appellate briefing, pro se litigants held to the same standards)

THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED OCT. 2, 2009

09-0589
ABDER EL HAMAD v. COMMERCIAL BOARD OF ADJUSTMENT, A DIVISION OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF FORT WORTH; from Tarrant County; 2nd district (02-08-00294-CV, ___ SW3d ___, 05-14-09, pet. denied Oct 2009) (zoning board decision appeal)

09-0615
KATHRYN ANN RACKLEY v. ADVANCED CYCLING CONCEPTS, INC. D/B/A PUMP IT UP!; from Dallas County; 13th district (13-08-00254-CV, ___ SW3d ___, 03-19-09, pet. denied Oct 2009) (PI affirmative defense of assumption of risk, release)

09-0629
HEALTHSOUTH MEDICAL CENTER AND HEALTHSOUTH PLANO REHABILITATION HOSPITAL v. PRICEWATERHOUSECOOPERS L.L.P. AND ROYAL & SUN ALLIANCE INSURANCE PLC; from Dallas County; 5th district (05-06-01041-CV, ___ SW3d ___, 08-31- 07, pet. denied Oct 2009)

09-0632
APRIL AND JOSHUA RAY VAN HOOSE v. VANDERBILT MORTGAGE AND FINANCE, INC.; from Milam County; 3rd district (03-08-00573-CV, ___ SW3d ___, 05-08-09, pet. denied Oct 2009)(deemed admissions, failure to show good cause for withdrawal, pro se suit)

09-0689
JIMMY ZAMARRIPA v. SYLVIA ZAMARRIPA; from Fort Bend County; 14th district (14-08-00083-CV, ___ SW3d ___, 06-30-09, pet. denied Oct 2009)(divorce marital property law, dispute over characterization and division of retirement benefits, separate vs. community property, presumption of community property not rebutted, QDRO)

09-0712
IN THE INTEREST OF D.H., S.H. AND B.H., CHILDREN; from Taylor County; 11th district (11-08-00294-CV, ___ SW3d ___, 07-30-09, pet. denied Oct 2009) (termination of parental rights, incarcerated parent, bench warrant)

09-0722
ANNETTE MCCARTY v. CLINTON T. MONTGOMERY, AS MANAGING TRUSTEE OF THE TRIMONT IRREVOCABLE TRUSTS AND ELTON MONTGOMERY, THIRD-PARTY DEFENDENT; from Palo Pinto County; 11th district (11-07-00317-CV, 290 SW3d 525, 06-11- 09, pet. denied Oct 2009)

THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED SEP. 25, 2009:

08-0755
CITY OF DEL RIO v. CLAYTON SAM COLT HAMILTON TRUST, BY AND THROUGH ITS TRUSTEE, J.R. HAMILTON; from Val Verde County; 4th district (04-06-00782-CV, 269 SW3d 613, 02-27-08, pet. denied Sep. 2009, pet. denied Sep. 2009)

08-0881
IN THE MATTER OF T.A., A JUVENILE; from Midland County; 11th district (11-06-00342-CV, ___ SW3d ___, 09-04-08, pet. denied Sep. 2009)(juvenile case, delinquent conduct by committing the offense of unauthorized use of a vehicle on six separate occasions) as redrafted

08-0917
IN THE INTEREST OF J.I.M., A MINOR; from El Paso County; 8th district (08-05-00302-CV, 281 SW3d 504, 08-21-08, pet. denied Sep. 2009)(SAPCR modification, child support arrears)

08-0940
TENNESSEE GAS PIPELINE COMPANY v. TECHNIP USA CORPORATION AND TECHNIP, S. A.; from Harris County; 1st district (01-06-00535-CV, ___ SW3d ___, 12-21-07, pet. denied Sep. 2009)(commercial breach of contract dispute, parent guaranty) 2 petitions

09-0037
AIG ANNUITY INSURANCE COMPANY, ET AL. v. SEARS, ROEBUCK AND CO.; from Dallas County; 5th district (05-07-00758-CV, 270 SW3d 632, 08-21-08, pet. denied Sep. 2009) (breach of indenture agreement)

09-0050
JOHNNY RODRIGUEZ, JR. v. ICON BENEFIT ADMINISTRATORS, INC.; from Lubbock County; 7th district (07-07-00039-CV, ___ SW3d ___, 10-15-08, pet. denied Sep. 2009)(dissenting opinion)(does erroneous dismissal with prejudice, as opposed to dismissal without prejudice, have res judicata effect?)

09-0085
DICK'S LAST RESORT OF THE WEST END, INC., DICK'S LAST RESORT OF DALLAS, INC., DICK'S LAST RESORT OF TEXAS, INC., DICK'S LAST RESORT OF CHICAGO, INC., DICK'S HOLDING COMPANY, INC. AND STEVEN SCHIFF v. MARKET/ROSS, LTD. AND WILLIAM H. NABORS; from Dallas County; 5th district (05-07-01220-CV, 273 SW3d 905, 12-31-08, pet. denied Sep. 2009) (submission of issues to the jury, affirmative defenses)

09-0104
MARBLE FALLS INDEPENDENT SCHOOL DISTRICT v. ROBERT SCOTT, HONORABLE
COMMISSIONER OF EDUCATION FOR THE STATE OF TEXAS, THORNTON KEEL, DONNA KEEL, MICHAEL HELLRUNG, DONNA HELLRUNG, WILLIAM PASCHALL, DAVID WOMACK, NATALIE KLOSS, DARRYL HUBBELL AND AMY HUBBELL; from Travis County; 3rd district (03-07-00576-CV, 275 SW3d 558, 11-14-08, pet. denied Sep. 2009)

09-0138
CITY OF AUSTIN, ET AL. v. NORTHWEST AUSTIN MUNICIPAL UTILITY DISTRICT NO. 1, ET
AL.; from Travis County; 3rd district (03-04-00240-CV, 274 SW3d 820, 11-14-08, pet. denied Sep. 2009) 2 petition motion to amend petition for review denied ("allocation agreement" under section 54.016(f) of the Texas Water Code)

09-0248
DEWAYNE FUNDERBURK, AS NEXT FRIEND OF WHITNEY FUNDERBURK v. RORY LEWIS, M. D.; from Limestone County; 10th district (10-05-00197-CV, ___ SW3d ___, 12-31-08, pet. denied Sep. 2009) 2 petitions (med-mal suit)

09-0325
AON RISK SERVICES OF TEXAS, INC. v. HORIZON OFFSHORE CONTRACTORS, INC. AND HORIZON VESSELS, INC.; from Harris County; 14th district (14-07-00549-CV, 283 SW3d 53, 03-12-09, pet. denied Sep. 2009)(breach of fiduciary duty, election of remedies, judicial estoppel)

09-0329
TRINITY RIVER AUTHORITY OF TEXAS v. BOYER, INC.; from Tarrant County; 2nd district (02-07-00052-CV, 279 SW3d 354, 01-17-08, pet. denied Sep. 2009)

09-0335
H.C. BECK PARTNERS, LTD. v. AUSTIN INDEPENDENT SCHOOL DISTRICT; from Travis County; 3rd district (03-07-00228-CV, ___ SW3d ___, 03-13-09, pet. denied Sep. 2009)(with dissenting opinion by Henson)(breach of construction contract claim, subrogation rights)

09-0383
EMORY B. PERRY, ET AL. v. DARRYL R. COHEN, ET AL.; from Travis County; 3rd district (03-05-00786-CV, 285 SW3d 137, 03-26-09, pet. denied Sep. 2009) (concurring opinion) (Justice Hecht not sitting)(special exceptions)

09-0386
RAYMOND SOMERS, DERIVATIVELY ON BEHALF OF EGL, INC. v. JAMES R. CRANE,
MILTON CARROLL, JAMES C. FLAGG, FRANK J. HEVRDEJS, PAUL W. HOBBY, MICHAEL K. JHIN, NEIL E. KELLEY, SHERMAN WOLFF, CENTERBRIDGE PARTNERS, L.P., THE WOODBRIDGE CO. LTD. AND NOMINAL DEFENDANT EGL, INC.; from Harris County; 1st district (01-07-00754-CV, ___ SW3d ___, 03-26-09, pet. denied Sep. 2009)(shareholder derivative suit, breach of fiduciary duty, standing) 2 petitions

- consolidated with -

09-0394
RAYMOND SOMERS, DERIVATIVELY ON BEHALF OF EGL, INC. v. JAMES R. CRANE,
MILTON CARROLL, JAMES C. FLAGG, FRANK J. HEVRDEJS, PAUL W. HOBBY, MICHAEL K.
JHIN, NEIL E. KELLEY, SHERMAN WOLFF, CENTERBRIDGE PARTNERS, L.P., THE
WOODBRIDGE CO. LTD. AND NOMINAL DEFENDANT EGL, INC.; from Harris County; 1st
district (01-08-00119-CV, ___ SW3d ___, 03-26-09, pet. denied Sep. 2009) (plea to the jurisdiction on the ground that Somers lacked standing to sue derivatively, special exceptions, motion to dismiss)

09-0390
ZURICH AMERICAN INSURANCE COMPANY v. SANDRA DEBOSE; from Harris County; 1st district (01-08-00717-CV, ___ SW3d ___, 03-26-09, pet. denied Sep. 2009) (no final judgment, appeal dismissed for want of jurisdiction)

09-0398
C. SPRINGS 300, LTD. v. HARTFORD FIRE INSURANCE COMPANY; from Harris County; 1st district (01-06-00065-CV, 287 SW3d 771, 04-16-09, pet. denied Sep. 2009)(construction law, bonding)

09-0423
GLORIA CELESTE LOVING v. CITY OF HOUSTON; from Harris County; 14th district (14-07-00621-CV, 282 SW3d 555, 01-08-09, pet. denied Sep. 2009) (Public Information Act (PIA) pka open records act)

09-0434
LILLIAN MARIAN FOOTE TIGARD, ET AL. v. SEYED HASSAN MOOSAVIDEEN; from Harris County; 1st district (01-06-00002-CV, ___ SW3d ___, 11-20-08, pet. denied Sep. 2009) (lease law, real estate transactions and litigation, purchase option)

09-0484
THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, GALLAGHER BASSETT SERVICES, INC. AND BELINDA YBARRA v. SUE ANN STINSON; from Harris County; 14th district (14-07-00698-CV, 286 SW3d 77, 04-30-09, pet. denied Sep. 2009) (extra-contractual claims against appellees the Insurance Company)(workers compensation denial of claim) (failure to exhaust available administrative remedies)

09-0492
MOTIENT CORPORATION v. HIGHLAND CRUSADER OFFSHORE PARTNERS, L.P.; HIGHLAND EQUITY FOCUS FUND, L.P.; HIGHLAND CAPITAL MANAGEMENT, L.P.; HIGHLAND
CAPITAL MANAGEMENT SERVICES, INC.; from Dallas County; 5th district (05-07-01735-CV, 281 SW3d 237, 03-06-09, pet. denied Sep. 2009) (res judicata, collateral estoppel, judicial estoppel, ratification)

09-0498
BEDRIJE HAJDARI SEYMOUR v. FLOYD DAVID SEYMOUR; from Harris County; 14th district (14-07-00280-CV, ___ SW3d ___, 02-24-09, pet. denied Sep. 2009) (restricted appeal requisites, non-participation at trial, waiver of citation, appearance)

09-0503
RICHARD LOUIS SIMMONS AND LINDIG CONSTRUCTION AND TRUCKING, INC. v. EDMOND L. BISLAND III AND RHONDA BISLAND; from Hays County; 3rd district (03-08-00141-CV, ___ SW3d ___, 04-09-09, pet. denied Sep. 2009)(motor vehicle wreck, prejudgment interest)

09-0509
JAY PETROLEUM, L.L.C. v. EOG RESOURCES, INC. F/K/A ENRON OIL & GAS COMPANY; from Harris County; 1st district (01-08-00541-CV, ___ SW3d ___, 05-07-09, pet. denied Sep. 2009)(scope of remand, implications of relief requested or not prayed for in court of appeals, remand of counterclaims, attorney's fees, fact issue as to reasonableness of attorney's fees, inflated number of hours claimed, controverting countervailing fee affidavit by attorney) (Justice O'Neill not sitting, pet. denied Sep. 2009)

09-0527
XTRIA LLC v. INTERNATIONAL INSURANCE ALLIANCE INCORPORATED; from Dallas County; 6th district (06-08-00073-CV, 286 SW3d 583, 05-15-09, pet. denied Sep. 2009) (arbitration award confirmation, manifest disregard of the law by arbitrator, gross mistake as grounds for vacatur discussed)

09-0546
SALLY DOE v. TEXAS ASSOCIATION OF SCHOOL BOARDS, INC. AND TEXAS ASSOCIATION
OF SCHOOL BOARDS RISK MANAGEMENT FUND; from Denton County; 2nd district (02-08-00266-CV, 283 SW3d 451, 03-05-09, pet. denied Sep. 2009) (sex assault on pupil, indemnity)

09-0548
CLIFTON JERRY LANDRY v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE - INSTITUTIONAL DIVISION, COMMISSARY AND TRUST FUND DEPARTMENT, ET AL.; from Walker County; 10th district (10-09-00108-CV, ___ SW3d ___, 05-20-09, pet. denied Sep. 2009) (untimely appeal dismissed for want of jurisdiction)

09-0553
DERWEN RESOURCES, LLC AND SHRINERS HOSPITALS FOR CHILDREN, INC. v. CARRIZO OIL & GAS, INC.; from Liberty County; 9th district (09-07-00597-CV, ___ SW3d ___, 05-28-09, pet. denied Sep. 2009) This dispute involves the interpretation of a deed conveying an interest in real estate, chain of title)

09-0608
ANDREW R. MIRELES v. JENNIFER S. MIRELES; from Harris County; 1st district (01-08-00499-CV, ___ SW3d ___, 04-02-09, pet. denied Sep. 2009) (void order, same-sex marriage divorce, collateral attack on divorce judgment)

09-0611
YIGAL BOSCH v. MARK S. ARMSTRONG, PAUL BAILIFF AND SQUIRE, SANDERS AND DEMPSEY, L.L.P.; from Harris County; 1st district (01-08-00847-CV, ___ SW3d ___, 06-11- 09, pet. denied Sep. 2009)(suit barred by judicial communications tort immunity, absolute privilege for communications in court proceeding, sanctions for baseless claim)

09-0664
XIAO YU ZHONG AND YING CHUN MA, INDIVIDUALLY AND AS NEXT FRIEND OF HONG YA ZHONG AND DAONAN HE, MINOR CHILDREN v. SUNBLOSSOM GARDENS, L.L.C. D/B/A SUNBLOSSOM GARDENS; from Harris County; 1st district (01-08-00470-CV, ___ SW3d ___, 04-30-09, pet. denied Sep. 2009)(premises liability, crime on apartment premises)

09-0666
BRUCE Q. MARTIN v. DENISE L. MARTIN; from Grayson County; 5th district (05-07-01571-CV, 287 SW3d 260, 04-13-09, pet. denied Sep. 2009) (enforceability of marital property agreement. fraud, duress)

09-0676
JACK D. BROCK v. JULIE FREDERICK TANDY; from Tarrant County; 2nd district (02-08-00400-CV, ___ SW3d ___, 07-02-09, pet. denied Sep. 2009) (libel per se, actual malice)

09-0684
IN RE COMMITMENT OF DON DAVIS, JR.; from Montgomery County; 9th district (09-08-00124-CV, ___ SW3d ___, 06-25-09, pet. denied Sep. 2009) (SVP commitment)

09-0690
RAGHBIR SANDHU v. PINGLIA INVESTMENTS OF TEXAS, L.L.C. AND SUMMER PINGLIA; from Harris County; 14th district (14-08-00184-CV, ___ SW3d ___, 06-25-09, pet. denied Sep. 2009)(promissory note suit, SJ for plaintiff affirmed) (commercial real estate transaction: financing of purchase of shopping center, suit for breach of promissory note, summary judgment procedure, affirmative defenses not properly asserted in response to Plaintiff's motion, proof of balance due and damages in note suit)

09-0749
PHILL RAIJE RIAN v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Williamson County; 3rd district (03-08-00155-CV, ___ SW3d ___, 07-31-09, pet. denied Sep. 2009) as corrected (termination of parental rights affirmed) (concurring opinion)

THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED SEP 18, 2009 :

09-0559
JEFFREY I. RUBINETT v. SHARON M. RUBINETT; from Tarrant County; 2nd district (02-08-00021-CV, ___ SW3d ___, 05-14-09, pet. denied Sep 2009) (SAPCR divorce case, allocation of specific parental rights)

09-0565
LONE STAR STORAGE TRAILER, II LTD. AND LONE STAR STORAGE TRAILER v. VILLAGE OF SALADO; from Bell County; 3rd district (03-06-00572-CV, ___ SW3d ___, 04-10-09, pet. denied Sep 2009) (declaratory judgment action to declare annexation ordinance void)

09-0569
KRISTOFER THOMAS KASTNER v. THE KROGER COMPANY, ET AL.; from Harris County; 14th district (14-08-01001-CV, ___ SW3d ___, 04-09-09, pet. denied Sep. 2009) (dismissal) (opinion not online)

09-0578
MICHAEL KENNEDY v. CHARLES STEEN AND DETECTIVE MUNNIZ, IN THEIR INDIVIDUAL AND OFFICIAL CAPACITY; from Anderson County; 14th district (14-08-00603-CV, ___ SW3d ___, 06-18-09, pet. denied Sep 2009) (prison inmate litigation dismissal)

09-0587
JOHN KLOTZ STOKES, M.D. v. DAVID DELAROSA; from Travis County; 3rd district (03-06-00785-CV, ___ SW3d ___, 06-04-09, pet denied Sep. 2009) (denial of motion to dismiss med-mal suit affirmed, expert report requirement)

09-0622
GARRY JENKINS v. STATE AND COUNTY MUTUAL INSURANCE COMPANY; from Tarrant
County; 2nd district (02-08-00279-CV, 287 SW3d 891, 06-11-09, pet. denied Sep. 2009) as redrafted (default judgment against additional insured, is insurer liable in the absence of notice?)

09-0711
RALPH O. DOUGLAS v. ELISE SELMA DOUGLAS; from Harris County; 14th district (14-08-00277-CV, ___ SW3d ___, 03-26-09, pet. denied Sep. 2009) (dismissal) (untimely notice of appeal)(motion for extension of time to file NoA)

THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED SEP. 11, 2009:

09-0545
JAMES KENNETH COLLINS v. STACEY LEIGH COLLINS; from Montgomery County; 13th district (13-07-00240-CV, ___ SW3d ___, 03-12-09, pet denied Sep. 2009)(clarification of divorce decree, right of first refusal) motion to dismiss petition for review denied

09-0556
USDR, INC. AND JOHN ROBINSON v. CABOT CAPITAL CORPORATION AND CABOT ESTATES, LLC; from Tarrant County; 8th district (08-07-00202-CV, ___ SW3d ___, 04-30-09, pet denied Sep. 2009) (witness testimony should have been excluded)

09-0619
MICHAEL JOSEPH LESSARD, DOROTHY ELAINE LESSARD, MONICA JEAN LESSARD AND
JEANNE MARIA LESSARD v. VELSICOL CHEMICAL CORP.; from Live Oak County; 13th district (13-00-00113-CV, ___ SW3d ___, 04-23-09, pet. denied Sep. 2009) (DWOP and denial of motion to reinstate affirmed)

THE FOLLOWING PETITIONS FOR REVIEW WERE DENIED SEP. 4, 2009

09-0381
JOHN A. LYONS v. LAURI D. LYONS; from Bexar County; 4th district (04-08-00259-CV, ___ SW3d ___, 01-14-09, pet. denied Sep. 2009) (divorce appeal, business records affidavit defective, findings of fact & conclusions of law, error preservation for appellate review) as redrafted

09-0385
DONALD RAY MCCRAY v. HARRIS COUNTY, ET AL.; from Travis County; 3rd district (03-08-00210-CV, ___ SW3d ___, 02-18-09 pet. denied Sep. 4, 2009) (untimely notice of appeal, no appellate jurisdiction)

09-0539
GENERAL NEON SIGN COMPANY v. DAILEY & WELLS COMMUNICATIONS, INC.; from Bexar County; 4th district (04-08-00488-CV, ___ SW3d ___, 03-18-09, pet. denied Sep. 4, 2009) (sufficiency of the evidence review, measure of damages)

09-0600
ELAINE LEAX v. ROBERT W. LEAX; from Harris County; 1st district (01-08-00149-CV, ___ SW3d ___, 06-11-09, pet. denied Sep. 4, 2009)(suit for annulment, marriage and divorce fraud, serial wife divorcee, pattern of domestic violence allegations, concealment of numerous prior marriages, fraud in the inducement)