Friday, August 31, 2007
Aug. 31, 2007 Texas Supreme Court Opinions
Texas High Court hands down opinions in thirteen cases, deciding eclectic assortment of procedural and substantive legal issues covering: state regulation of religious colleges and seminaries, arbitration in financial services sector, defenses in workers compensation cases, homeowner insurance, statute of limitations, due diligence in services of process, real estate fraud, telemarketing, class action certification, sanctions, home insurance, out-of-state defendants and personal jurisdiction, requirements of proof of medical expenses, expert testimony, agency rulemaking, exclusive agency jurisdiction. The Court also announced denial of an unusual number of petitions for review: 25
HEB Ministries, Inc. v. Texas Higher Education Coordinating Board, No. 03-0995 (Tex. Aug. 31, 2007)(Hecht)(church and state first amendment case, state regulation of seminaries, requirements of anti-diploma-mill law found unconstitutional as to religious colleges)
Justice Wainwright delivered an opinion concurring in part and dissenting in part, and concurring in the judgment, in which Justice Johnson joined.Chief Justice Jefferson delivered an opinion concurring in part and dissenting in part, in which Justice Green joined.
Entergy Gulf State, Inc. v. Summers (Tex. Aug. 31, 2007)(Willett)(workplace law, premises owner entitled to exclusive remedy defense under Workers' Compensation Act in capacity of general contractor)
El Paso Hospital District v. Texas Health and Human Services Comm'n, No. 05-0372 (Tex. Aug 31, 2007)(Medina)(agency rulemaking, declaratory judgment)
In re Merrill Lynch Trust Co., No. 03-1059 (Tex. Aug 31, 2007)(per curiam)(arbitration mandamus, financial services)
Christus Health Gulf Coast v. Aetna, Inc., No. 05-0710 (Tex. Aug. 31, 2007)(Jefferson) (Medicare reimbursement suit may be brought in state court, jurisdiction)
El Paso Hospital District v. Texas Health and Human Services Comm'n, No. 05-0372 (Tex. Aug 31, 2007)(Medina)(agency rulemaking, declaratory judgment, APA)
PCH-Minden, L.P. v. Kimberly-Clark Corp, No. 05-0823 (Tex. Aug. 31, 2007)(Jefferson) (nonresident defendant, long-arm jurisdiction, special appearance, in personam jurisdiction)
Lamar Homes, Inc. v. Mid-Continent Casualty Co., No. 05-0832 (Tex. Aug. 31, 2007)(Medina)
(insurance) LAMAR HOMES, INC. v. MID-CONTINENT CASUALTY COMPANY
The Court answers the questions certified by the United States Court of Appeals for the Fifth Circuit.Justice Medina delivered the opinion of the Court, in which Chief Justice Jefferson, Justice O'Neill, Justice Wainwright, Justice Green, and Justice Johnson joined.
Justice Brister delivered a dissenting opinion, in which Justice Hecht and Justice Willett joined.
In re SWBT, No. 05-0951 (Tex. aug. 31, 2007)(telecommunications regulation, agency authority, exclusive jurisdiction, PUC, UDJA, attorney's fees)
Guevara v. Corazon Labao Ferrer, No. 05-1100 (Tex. Aug. 31, 2007)(Johnson)(PI auto, proving medical expenses, expert testimony, causality)
Proulx v. Wells, No. 06-0258 (Tex. Aug. 31, 2007)(per curiam)(statute of limitations, due diligence in service of citation)
Ford v. Exxon Mobil Chemical Co., No. 06-0293 (Tex. Aug. 31, 2007)(challenge to deeds, pipeline easements, time-barred, statute of limitations for real estate fraud, quiet title relief)
In re Michelle Moore, No. 06-0544 (Tex. Aug. 31, 2007)(mandamus)(per curiam)(grandparent standing for SAPCR, sanctions)
Stonebridge Life Ins. Co., No. 06-0655 (Tex. Aug. 31, 2007)(per curiam)(insurance telemarketing, consumer class action, class decertified)
Friday, August 24, 2007
Texas Supreme Court Resumes Handing Down Opinions - Arbitration Cases Figure Prominently
August 24, 2007 - Released Opinions.
In re Merrill Lynch, No. 04-0865 (Tex. Aug. 24, 2007)(Brister)(arbitration)
IN RE MERRILL LYNCH TRUST COMPANY FSB, MERRILL LYNCH LIFE INSURANCE COMPANY, AND HENRY MEDINA; from Nueces County; 13th district (13‑04‑00150‑CV, 159 SW3d 162, 08‑05‑04) stay order issued January 24, 2005, lifted The Court conditionally grants the petition for writ of mandamus.Justice Brister delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Green, and Justice Willett joined, and in which Justice Hecht and Justice Medina joined as to Parts I, III-A, and IV, and Justice O’Neill joined as to Parts I, III, and IV, and Justice Wainwright and Justice Johnson joined as to Parts I, II, and IV.
Justice Hecht delivered an opinion concurring in part and dissenting in part, in which Justice Medina joined and in which Justice O’Neill joined as to Part I.
Justice Johnson delivered an opinion concurring in part and dissenting in part, in which Justice Wainwright joined.
In re Kaplan Higher Educ. Corp., No. 06-0072 (Tex. Aug. 24, 2007)(per curiam)(arbitration mandamus) IN RE KAPLAN HIGHER EDUCATION CORPORATION AND LETICIA VENTURA; from Hidalgo County; 13th district (13‑05‑00617‑CV, ___ SW3d ___, 01‑10‑06)Pursuant to Texas Rule of Appellate Procedure 52.8, without hearing oral argument, the Court conditionally grants the petition for writ of mandamus.Per Curiam Opinion
In Re H&R Block No. 04-0061 (Tex. Aug. 24, 2007)(per curiam)(arbitration mandamus)
IN RE H&R BLOCK FINANCIAL ADVISORS, INC. AND ROBERT BULLOCK; from Hidalgo County; 13th district (13‑03‑00289‑CV, ___ SW3d ___, 11‑06‑03)stay order issued October 14, 2005, liftedPursuant 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
Energy Service Co. of Bowie, Inc. v. Superior Snubbing Services, Inc., No. 05-0202 (Tex. Aug. 24, 2007)(Hecht)(worker's comp, indemnity)
ENERGY SERVICE COMPANY OF BOWIE, INC. v. SUPERIOR SNUBBING SERVICES, INC.; from Wise County; 2nd district (02‑04‑00131‑CV, 158 SW3d 112, 02‑03‑05)The Court reverses the court of appeals' judgment and remands the case to the trial court.Justice Hecht delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Brister, Justice Medina, and Justice Lang joined. Justice Johnson delivered a dissenting opinion, in which Justice Wainwright, Justice Green, and Justice Willett joined.(Justice Douglas S. Lang sitting by appointment pursuant to section 22.005 of the Texas Government Code)(Justice O'Neill not sitting)
Fort Worth ISD v. Service Employment Redevelopment, No. 05-0427 (Tex. Aug. 24, 2007)(per curiam)(breach of contract immunity, Tooke v. Mexia progeny)
FORT WORTH INDEPENDENT SCHOOL DISTRICT v. SERVICE EMPLOYMENT REDEVELOPMENT; from Tarrant County; 2nd district (02‑03‑00116‑CV, 163 SW3d 142, 03‑03‑05) 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(Justice Willett not sitting)
Gaines v. Kelly, No. 05-1092 (Tex. Aug. 24, 2007)(Medina)(financial transactions, lending, apparent authority)
RUSSELL GAINES AND SOUTHWEST GUARANTY MORTGAGE CORP. v. ROGER KELLY; from Johnson County; 10th district (10‑03‑00369‑CV, 181 SW3d 394, 09‑28‑05) The Court reverses the court of appeals' judgment and renders judgment. Justice Medina delivered the opinion of the Court.
Elledge v. Friberg-Cooper Water Supply Corp., No. 06-0677 (Tex. Aug. 24, 2007)(per curiam)(statute of limitations for unjust enrichment)
BOBBY ELLEDGE D/B/A ELLEDGE CONSTRUCTION COMPANY AND/OR ELLEDGE CONSTRUCTION COMPANY v. FRIBERG-COOPER WATER SUPPLY CORPORATION; from Wichita County; 2nd district (02‑05‑00203‑CV, 197 SW3d 826, 06‑22‑06). 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.
In re Merrill Lynch, No. 04-0865 (Tex. Aug. 24, 2007)(Brister)(arbitration)
IN RE MERRILL LYNCH TRUST COMPANY FSB, MERRILL LYNCH LIFE INSURANCE COMPANY, AND HENRY MEDINA; from Nueces County; 13th district (13‑04‑00150‑CV, 159 SW3d 162, 08‑05‑04) stay order issued January 24, 2005, lifted The Court conditionally grants the petition for writ of mandamus.Justice Brister delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Green, and Justice Willett joined, and in which Justice Hecht and Justice Medina joined as to Parts I, III-A, and IV, and Justice O’Neill joined as to Parts I, III, and IV, and Justice Wainwright and Justice Johnson joined as to Parts I, II, and IV.
Justice Hecht delivered an opinion concurring in part and dissenting in part, in which Justice Medina joined and in which Justice O’Neill joined as to Part I.
Justice Johnson delivered an opinion concurring in part and dissenting in part, in which Justice Wainwright joined.
In re Kaplan Higher Educ. Corp., No. 06-0072 (Tex. Aug. 24, 2007)(per curiam)(arbitration mandamus) IN RE KAPLAN HIGHER EDUCATION CORPORATION AND LETICIA VENTURA; from Hidalgo County; 13th district (13‑05‑00617‑CV, ___ SW3d ___, 01‑10‑06)Pursuant to Texas Rule of Appellate Procedure 52.8, without hearing oral argument, the Court conditionally grants the petition for writ of mandamus.Per Curiam Opinion
In Re H&R Block No. 04-0061 (Tex. Aug. 24, 2007)(per curiam)(arbitration mandamus)
IN RE H&R BLOCK FINANCIAL ADVISORS, INC. AND ROBERT BULLOCK; from Hidalgo County; 13th district (13‑03‑00289‑CV, ___ SW3d ___, 11‑06‑03)stay order issued October 14, 2005, liftedPursuant 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
Energy Service Co. of Bowie, Inc. v. Superior Snubbing Services, Inc., No. 05-0202 (Tex. Aug. 24, 2007)(Hecht)(worker's comp, indemnity)
ENERGY SERVICE COMPANY OF BOWIE, INC. v. SUPERIOR SNUBBING SERVICES, INC.; from Wise County; 2nd district (02‑04‑00131‑CV, 158 SW3d 112, 02‑03‑05)The Court reverses the court of appeals' judgment and remands the case to the trial court.Justice Hecht delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Brister, Justice Medina, and Justice Lang joined. Justice Johnson delivered a dissenting opinion, in which Justice Wainwright, Justice Green, and Justice Willett joined.(Justice Douglas S. Lang sitting by appointment pursuant to section 22.005 of the Texas Government Code)(Justice O'Neill not sitting)
Fort Worth ISD v. Service Employment Redevelopment, No. 05-0427 (Tex. Aug. 24, 2007)(per curiam)(breach of contract immunity, Tooke v. Mexia progeny)
FORT WORTH INDEPENDENT SCHOOL DISTRICT v. SERVICE EMPLOYMENT REDEVELOPMENT; from Tarrant County; 2nd district (02‑03‑00116‑CV, 163 SW3d 142, 03‑03‑05) 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(Justice Willett not sitting)
Gaines v. Kelly, No. 05-1092 (Tex. Aug. 24, 2007)(Medina)(financial transactions, lending, apparent authority)
RUSSELL GAINES AND SOUTHWEST GUARANTY MORTGAGE CORP. v. ROGER KELLY; from Johnson County; 10th district (10‑03‑00369‑CV, 181 SW3d 394, 09‑28‑05) The Court reverses the court of appeals' judgment and renders judgment. Justice Medina delivered the opinion of the Court.
Elledge v. Friberg-Cooper Water Supply Corp., No. 06-0677 (Tex. Aug. 24, 2007)(per curiam)(statute of limitations for unjust enrichment)
BOBBY ELLEDGE D/B/A ELLEDGE CONSTRUCTION COMPANY AND/OR ELLEDGE CONSTRUCTION COMPANY v. FRIBERG-COOPER WATER SUPPLY CORPORATION; from Wichita County; 2nd district (02‑05‑00203‑CV, 197 SW3d 826, 06‑22‑06). 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.
Friday, August 3, 2007
August 2007: No New Texas Supreme Court Opinions | Denials and Dismissals
August 17, 2007 - Today the Texas High Court denied two Petitions for Review and abated one:
Denied:
No. 07‑0483
LUCILLE R. KELLEY v. HUMBLE INDEPENDENT SCHOOL DISTRICT; from Harris County; 1st district (01‑05‑00761‑CV, ___ SW3d ___, 03‑29‑07) as redrafted
Opinion below:
Lucille R. Kelley vs. Humble I.S.D. (Tex.App.- Houston [1st Dist.] Mar. 29, 2007, pet. denied 8/17/2007)(Opinion by Justice Alcala);
Related blog entry:
Substitute teacher rejected to many teaching assignments, loses discrimination suit
No. 07‑0134
PABLO AGUILAR, SR. v. MARINA GOMEZ AGUILAR; from Willacy County; 13th district (13‑06‑00260‑CV, ___ SW3d ___, 11‑16‑06, pet. denied)
Abated:
No. 07‑0394
S.E.A. LEASING, INC. v. JEFF STEELE AND MELISSA STEELE; from Harris County; 1st district (01‑05‑00189‑CV, ___ SW3d ___, 02‑22‑07) abatement order issued
[Note: The case is abated under Tex. R. App. P. 53.7.]
Opinion below: S.E.A. Leasing v. Steele (Tex.App.- Houston [1st Dist.] Feb. 22, 2007, pet. abated)(Justice Tim Taft)
Also see recent opinions on en banc rehearing:
S.E.A. Leasing, Inc. v. Jeff Steele and Melissa Steele (Tex.App.- Houston [1st Dist.] Aug 17,2007)(Concurrence by Taft)
S.E.A. Leasing, Inc. v. Jeff Steele and Melissa Steele (Tex.App.- Houston [1st Dist.] Aug 17,2007)(Dissent by Keyes)
August 10, 2007 - Petitions for Review Denied:
No. 07-0456
Heidi C. Horsley-Layman v. Adventist Health System/Sunbelt Inc. d/b/a Huguley Memorial Medical Center, Kalman S. Narayan, M.D., and Fernando S.M. Angeles, M.D.; from Tarrant County; 2nd district (02 06 00066 CV, ___ SW3d ___, 03 29 07)
No. 07-0519
BDB Interests L.C. d/b/a Gulf Coast Nissan and Steve Blanchard Nissan v. Arcadia Financial, Ltd.; from Brazoria County; 14th district (14 06 00055 CV, ___ SW3d ___, 03 29 07)
August 3, 2007
DENIALS OF PETITIONS FOR REVIEW
No. 07-0077
Barbara Jenkins v. Greyhound Lines, Inc. and All American International Security d/b/a All American Security; from El Paso County; 8th district (08-06-00258-CV, ___ S.W.3d ___, 11/30/06)
as redrafted
No. 07-0314
Christine E. Reule v. Estelle Carreon, Juanita Winchell, Winchell Interests, Inc. dba Realty Executives Realtors, Realty Executives of Greater Houston, Realty Executives of Houston, Realty Executives of West Houston, Realty Executives of Southwest Houston, Etc.; from Harris County; 14th district (14-06-00163-CV, ___ S.W.3d ___, 01/11/07)
as redrafted
Decision in the court of appeals: Reule v. Carreon (Tex.App.- Houston [14th Dist.] Jan. 11, 2007, pet. denied)(per curiam dismissal)
No. 07-0347
Gabriel Juan Long v. Danalyn Marie Long; from Collin County; 8th district (08-05-00250-CV, ___ S.W.3d ___, 02/15/07)
No. 07-0390
1615 Corporation, Lance Dreyer and S. R. Dreyer v. Houston Independent School District [HISD], City of Houston, and Harris County; from Harris County; 14th district (14-04-00859-CV, 217 S.W.3d 631, 11/30/06)
as redrafted
Opinion below: Houston ISD v. 1616 Corp (Tex.App.- Houston [14th Dist.] Nov. 30, 2006, pet. denied)(Frost)(tax appeal, exclusive remedy, tax protest, plea to the jurisdiction, interlocutory appeal)
No. 07-0434
Maria F. Juarez Individually and as Representative of the Estate of Elijio D. Juarez, Jr., Deceased, Diana F. Juarez, Anita J. Mata, and Elijio Juarez, III v. Luis A. Elizondo, the Huerta Law Firm, L.L.P., Daniel M. Gonzalez, Langley & Banack, Inc. and Malcolm Halbardier; from Bexar County; 4th district (04 06 00433 CV, ___ S.W.3d ___, 03/21/07)
No. 07-0447
The Cadle Company v. The International Bank of Commerce and Mark T. Davis; from Bexar County; 4th district (04-06-00456-CV, ___ S.W.3d ___, 03/14/07)
No. 07-0461
1998 Saturn Vin, 1G8ZH5282WZ106822 Richard Theodore Tharpe Jr v. The State of Texas; from Tarrant County; 2nd district (02-06-00439-CV, ___ S.W.3d ___, 02/08/07)
No. 07-0462
Maynard L. Tucker v. the Austin American Statesman and the Austin Human Rights Commission; from Travis County; 3rd district (03-06-00437-CV, ___ S.W.3d ___, 04/26/07)
No. 07-0501
Beverly Williams as next Friend and Guardian of Kewon Williams v. David Skelton, M.D.; from Hill County; 10th district (10-06-00178-CV, ___ S.W.3d ___, 03/21/07)
No. 07-0504
Timothy E. Thompson, et ux. v. Bradley O. King, M.D., et al.; from Smith County; 12th district (12-06-00059-CV, ___ S.W.3d ___, 04/11/07)
No. 07-0529
In the Interest of T.T., A.T., D.D., A.D., and A.D. Minor Children; from Brazoria County; 14th district (14-06-00552-CV & 14-06-0555-CV, ___ S.W.3d ___, 05/17/07)
Opinion below: In the Interest of T.T. (Tex.App.- Houston [14th Dist.] May 17, 2007, pet denied)(Frost)(CPS, termination of parental rights)
DISMISSALS FOR LACK OF JURISDICTION:
No. 07-0585
Ray A. Bailey v. Stanley G. Schneider; from Harris County; 14th district (14-06-00249-CV, ___ S.W.3d ___, 01/18/07)
Decision below: Bailey v. Schneider (Tex.App.- Houston [14th Dist.] Jan. 18, 2007, pet. denied)(per curiam dismissal)
DENIAL OF MANDAMUS PETITIONS:
No. 07-0498
In re Sandra Mendez; from El Paso County; 8th district (08-06-00311-CV, ___ S.W.3d ___, 05/10/07)
No. 07-0518
In re Robert Coates; from Dallas County; 5th district (05-07-00643-CV, ___ S.W.3d ___, 06/07/07)
No. 07-0528
In re Bill Alexander; from Midland County; 11th district (11-07-00170-CV, ___ S.W.3d ___, 06/28/07)
No. 07-0579
In re Christus Spohn Health System Corporation d/b/a Christus Spohn Hospital Shoreline; from Nueces County; 13th district (13-07-00399-CV, ___ S.W.3d ___, 07/31/07)
emergency motion for stay of trial proceedings denied
motion to recuse Justice Nathan L. Hecht denied (Justice Green not sitting)
No. 07-0598
In re Billmatrix Corporation; from Dallas County; 5th district (05-07-00870-CV, ___ S.W.3d ___, 07/18/07)
motion for emergency stay denied
Denied:
No. 07‑0483
LUCILLE R. KELLEY v. HUMBLE INDEPENDENT SCHOOL DISTRICT; from Harris County; 1st district (01‑05‑00761‑CV, ___ SW3d ___, 03‑29‑07) as redrafted
Opinion below:
Lucille R. Kelley vs. Humble I.S.D. (Tex.App.- Houston [1st Dist.] Mar. 29, 2007, pet. denied 8/17/2007)(Opinion by Justice Alcala);
Related blog entry:
Substitute teacher rejected to many teaching assignments, loses discrimination suit
No. 07‑0134
PABLO AGUILAR, SR. v. MARINA GOMEZ AGUILAR; from Willacy County; 13th district (13‑06‑00260‑CV, ___ SW3d ___, 11‑16‑06, pet. denied)
Abated:
No. 07‑0394
S.E.A. LEASING, INC. v. JEFF STEELE AND MELISSA STEELE; from Harris County; 1st district (01‑05‑00189‑CV, ___ SW3d ___, 02‑22‑07) abatement order issued
[Note: The case is abated under Tex. R. App. P. 53.7.]
Opinion below: S.E.A. Leasing v. Steele (Tex.App.- Houston [1st Dist.] Feb. 22, 2007, pet. abated)(Justice Tim Taft)
Also see recent opinions on en banc rehearing:
S.E.A. Leasing, Inc. v. Jeff Steele and Melissa Steele (Tex.App.- Houston [1st Dist.] Aug 17,2007)(Concurrence by Taft)
S.E.A. Leasing, Inc. v. Jeff Steele and Melissa Steele (Tex.App.- Houston [1st Dist.] Aug 17,2007)(Dissent by Keyes)
August 10, 2007 - Petitions for Review Denied:
No. 07-0456
Heidi C. Horsley-Layman v. Adventist Health System/Sunbelt Inc. d/b/a Huguley Memorial Medical Center, Kalman S. Narayan, M.D., and Fernando S.M. Angeles, M.D.; from Tarrant County; 2nd district (02 06 00066 CV, ___ SW3d ___, 03 29 07)
No. 07-0519
BDB Interests L.C. d/b/a Gulf Coast Nissan and Steve Blanchard Nissan v. Arcadia Financial, Ltd.; from Brazoria County; 14th district (14 06 00055 CV, ___ SW3d ___, 03 29 07)
August 3, 2007
DENIALS OF PETITIONS FOR REVIEW
No. 07-0077
Barbara Jenkins v. Greyhound Lines, Inc. and All American International Security d/b/a All American Security; from El Paso County; 8th district (08-06-00258-CV, ___ S.W.3d ___, 11/30/06)
as redrafted
No. 07-0314
Christine E. Reule v. Estelle Carreon, Juanita Winchell, Winchell Interests, Inc. dba Realty Executives Realtors, Realty Executives of Greater Houston, Realty Executives of Houston, Realty Executives of West Houston, Realty Executives of Southwest Houston, Etc.; from Harris County; 14th district (14-06-00163-CV, ___ S.W.3d ___, 01/11/07)
as redrafted
Decision in the court of appeals: Reule v. Carreon (Tex.App.- Houston [14th Dist.] Jan. 11, 2007, pet. denied)(per curiam dismissal)
No. 07-0347
Gabriel Juan Long v. Danalyn Marie Long; from Collin County; 8th district (08-05-00250-CV, ___ S.W.3d ___, 02/15/07)
No. 07-0390
1615 Corporation, Lance Dreyer and S. R. Dreyer v. Houston Independent School District [HISD], City of Houston, and Harris County; from Harris County; 14th district (14-04-00859-CV, 217 S.W.3d 631, 11/30/06)
as redrafted
Opinion below: Houston ISD v. 1616 Corp (Tex.App.- Houston [14th Dist.] Nov. 30, 2006, pet. denied)(Frost)(tax appeal, exclusive remedy, tax protest, plea to the jurisdiction, interlocutory appeal)
No. 07-0434
Maria F. Juarez Individually and as Representative of the Estate of Elijio D. Juarez, Jr., Deceased, Diana F. Juarez, Anita J. Mata, and Elijio Juarez, III v. Luis A. Elizondo, the Huerta Law Firm, L.L.P., Daniel M. Gonzalez, Langley & Banack, Inc. and Malcolm Halbardier; from Bexar County; 4th district (04 06 00433 CV, ___ S.W.3d ___, 03/21/07)
No. 07-0447
The Cadle Company v. The International Bank of Commerce and Mark T. Davis; from Bexar County; 4th district (04-06-00456-CV, ___ S.W.3d ___, 03/14/07)
No. 07-0461
1998 Saturn Vin, 1G8ZH5282WZ106822 Richard Theodore Tharpe Jr v. The State of Texas; from Tarrant County; 2nd district (02-06-00439-CV, ___ S.W.3d ___, 02/08/07)
No. 07-0462
Maynard L. Tucker v. the Austin American Statesman and the Austin Human Rights Commission; from Travis County; 3rd district (03-06-00437-CV, ___ S.W.3d ___, 04/26/07)
No. 07-0501
Beverly Williams as next Friend and Guardian of Kewon Williams v. David Skelton, M.D.; from Hill County; 10th district (10-06-00178-CV, ___ S.W.3d ___, 03/21/07)
No. 07-0504
Timothy E. Thompson, et ux. v. Bradley O. King, M.D., et al.; from Smith County; 12th district (12-06-00059-CV, ___ S.W.3d ___, 04/11/07)
No. 07-0529
In the Interest of T.T., A.T., D.D., A.D., and A.D. Minor Children; from Brazoria County; 14th district (14-06-00552-CV & 14-06-0555-CV, ___ S.W.3d ___, 05/17/07)
Opinion below: In the Interest of T.T. (Tex.App.- Houston [14th Dist.] May 17, 2007, pet denied)(Frost)(CPS, termination of parental rights)
DISMISSALS FOR LACK OF JURISDICTION:
No. 07-0585
Ray A. Bailey v. Stanley G. Schneider; from Harris County; 14th district (14-06-00249-CV, ___ S.W.3d ___, 01/18/07)
Decision below: Bailey v. Schneider (Tex.App.- Houston [14th Dist.] Jan. 18, 2007, pet. denied)(per curiam dismissal)
DENIAL OF MANDAMUS PETITIONS:
No. 07-0498
In re Sandra Mendez; from El Paso County; 8th district (08-06-00311-CV, ___ S.W.3d ___, 05/10/07)
No. 07-0518
In re Robert Coates; from Dallas County; 5th district (05-07-00643-CV, ___ S.W.3d ___, 06/07/07)
No. 07-0528
In re Bill Alexander; from Midland County; 11th district (11-07-00170-CV, ___ S.W.3d ___, 06/28/07)
No. 07-0579
In re Christus Spohn Health System Corporation d/b/a Christus Spohn Hospital Shoreline; from Nueces County; 13th district (13-07-00399-CV, ___ S.W.3d ___, 07/31/07)
emergency motion for stay of trial proceedings denied
motion to recuse Justice Nathan L. Hecht denied (Justice Green not sitting)
No. 07-0598
In re Billmatrix Corporation; from Dallas County; 5th district (05-07-00870-CV, ___ S.W.3d ___, 07/18/07)
motion for emergency stay denied
Supreme Court Reinstates Dismissed Petition
In its August 3, 2007 weekly orders, the Texas Supreme Court reinstates a previously dismissed petition from a Houston Court of Appeals.
No. 07-0328
John Clark, III, Individually and d/b/a Celtic Constructors and Betty (Kit) Clark v. Tom Bres and Jan Bres a/k/a Jan Holzinger; from Harris County; 14th district (14-05-00482-CV, ___ S.W.3d ___, September 5, 2006)
Motion for rehearing of motion for extension of time to file petition for review, granted
Dismissal of petitions for review on July 20, 2007, withdrawn
Petitions reinstated
Opinion below:
John Clark III, Individually and d/b/a Celtic Constructors and Betty Stovall (KIT) Clark v. Tom Bres and Jan Bres a/k/a Jon Holzinger, No. 14-05-00482-CV (Tex.App.- Houston [14th Dist.] Sep. 5, 2006)(Opinion by Justice Anderson)
Appeal from 80th District Court of Harris County (Hon. Kent Sullivan)
Dispostion by the court of appeals: Affirmed
No. 07-0328
John Clark, III, Individually and d/b/a Celtic Constructors and Betty (Kit) Clark v. Tom Bres and Jan Bres a/k/a Jan Holzinger; from Harris County; 14th district (14-05-00482-CV, ___ S.W.3d ___, September 5, 2006)
Motion for rehearing of motion for extension of time to file petition for review, granted
Dismissal of petitions for review on July 20, 2007, withdrawn
Petitions reinstated
Opinion below:
John Clark III, Individually and d/b/a Celtic Constructors and Betty Stovall (KIT) Clark v. Tom Bres and Jan Bres a/k/a Jon Holzinger, No. 14-05-00482-CV (Tex.App.- Houston [14th Dist.] Sep. 5, 2006)(Opinion by Justice Anderson)
Appeal from 80th District Court of Harris County (Hon. Kent Sullivan)
Dispostion by the court of appeals: Affirmed
Motion to Recuse Justice Hecht Denied
No. 07‑0579 In Re Christus Spohn Health System Corp. (Tex. July 3, 2007)(pet. denied)
IN RE CHRISTUS SPOHN HEALTH SYSTEM CORPORATION D/B/A CHRISTUS SPOHN HOSPITAL SHORELINE
from Nueces County; 13th district (13‑07‑00399‑CV, ___ SW3d ___, 07‑31‑07)
emergency motion for stay of trial proceedings denied; motion to recuse Justice Nathan L. Hecht denied
IN RE CHRISTUS SPOHN HEALTH SYSTEM CORPORATION D/B/A CHRISTUS SPOHN HOSPITAL SHORELINE
from Nueces County; 13th district (13‑07‑00399‑CV, ___ SW3d ___, 07‑31‑07)
emergency motion for stay of trial proceedings denied; motion to recuse Justice Nathan L. Hecht denied
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