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)
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