Showing posts with label 2008 pet. denied. Show all posts
Showing posts with label 2008 pet. denied. Show all posts

Friday, August 15, 2008

2008-08-15 Denials of Petitions for Review

AS PART OF ITS ORDERS RELEASED AUGUST 15, 2008, THE TEXAS SUPRREME COURT DECLINED REVIEW IN THE FOLLOWING CASES:

08-0344
SHELL OIL COMPANY v. E.I. DU PONT DE NEMOURS AND COMPANY; from Harris County; 1st district (01-07-00118-CV, ___ SW3d ___, 11-15-07, pet. denied Aug 2008)
Opinion below: E. I. du Pont v. Shell Oil Co. (Tex.App.- Houston [1st Dist.] Nov. 15, 2007)(Jennings)(breach of indemnification agreement, defense costs) Opinion by Justice Terry Jennings ("We reverse the judgment of the trial court in favor of Shell. We render judgment in favor of Du Pont in the amount of $458,212.60 in defense costs and $40,000 in settlement costs, for a total of $498,212.60 in allocated defense and settlement costs. We further render judgment in favor of Du Pont in the amount of $242,620.90 for fees and costs expended in prosecuting its indemnity claim against Shell. We further render judgment in favor of Du Pont in the amount of $25,000 in fees and costs incurred in bringing this appeal. Finally, we render judgment in favor of Du Pont in the amount of $15,000 in fees and costs should Shell unsuccessfully appeal this matter to the Texas Supreme Court.") Before Justices Sam Nuchia, Terry Jennings and Evelyn Keyes Appeal from 127th District Court of Harris County (Hon. Sharolyn Wood)

08-0365
MICHAEL A. FRENCH AND WIFE, MISTI MICHELLE FRENCH v. BRIAN JAMES GILL AND GIUSEPPE V. RICCIO D/B/A TIGERS TRUCKING CO.; from Wood County; 6th district (06-07-00076-CV, 252 SW3d 748, 04-16-08, pet denied Aug 2008) (Opinion below: French v. Gill (limitations bars claim, no tolling))

08-0411
ROBERT D. SMITH, CRAIG B. LYON, CARL WALCHSHAUSER, THE FRANKIE R. PUTNAM, SR. TRUST, FRANK PUTNAM, INDIVIDUALLY, THE CLEAR CREEK AIR ESTATES PROPERTY OWNERS ASSOCIATION, INC. AND ROBERT E. ADAMS v. BENJAMIN F. HUSTON, MARY E. HUSTON, BENJAMIN E. HUSTON, DIANA A. HUSTON, THOMAS WESSIE HUSTON AND CRISTY R. HUSTON; from Denton County; 2nd district (02-07-00117-CV, 251 SW3d 808, 03-20-08, pet. denied Aug 2008)(dispute over access to and fees associated with an airstrip, easement, declaratory judgment)

08-0425
KENNETH J. MAGNUSON v. CITIBANK (SOUTH DAKOTA) N.A.; from Denton County; 2nd district (02-06-00465-CV, ___ SW3d ___, 02-14-08, pet. denied Aug 2008) (credit card suit, Rule 12 motion, failure to appear)

08-0450
W.R. EDWARDS, JR. v. MID-CONTINENT OFFICE DISTRIBUTORS, L.P. AND INWOOD OFFICE FURNITURE, INC.; from Dallas County; 5th district (05-06-01421-CV, 252 SW3d 833, 04-25-08, pet. denied Aug 2008) (claim for money had and received)

08-0462
OUTREACH HOUSING CORPORATION/DESOTO I, LTD. v. DALLAS INDEPENDENT SCHOOL DISTRICT; from Dallas County; 5th district (05-07-00288-CV, 251 SW3d 152, 03-25-08, pet. denied Aug 2008) (Justice Hecht not sitting) (property tax, denial of partial property tax exemption)

08-0483
MICHAEL MCLANE v. SANDRA HELENE MCLANE; from Harris County; 1st district (01-06-00634-CV, ___ SW3d ___, 05-01-08, pet. denied Aug 2008)McLane v. McLane (Tex. App.- Houston [1st Dist.] May 1, 2008)(Opinion on motion for rehearing by Hanks) (child support modification, child support decrease, retroactive effect, intentional underemployment) Opinion affirming trial court's judgment by Justice George C. Hanks, Jr. Before Justices Tim Taft, George C. Hanks, Jr. and Laura Carter Higley Appeal from 309th District Court of Harris County Trial Court Judge: Hon. Frank B. Rynd

Other RECENT PETITION FOR REVIEW (PFR) DENIALS

Petitions for Review denied by Texas Supreme Court January 2008

Petitions for Review denied by Tex. Sup. Ct. in February 2008

Petitions for Review denied by Tex. Sup. Ct. in March 2008

Petitions for Review denied by Tex. Sup. Ct. in April 2008

Petitions for Review denied by Tex. Sup. Ct. in May 2008

Petitions for Review denied by Tex. Sup. Ct. in June 2008

Petitions for Review denied by the Texas Supreme Court July 2008

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)

Friday, July 18, 2008

2008-07-18 Texas Supreme Court Orders

The Court released no opinions today. It denied four petitions in today's orders: [Case styles are hotlinked to the opinions of the courts of appeals below]

No. 08-0232
CLINT W. LEWIS AND CLINT W. LEWIS AND ASSOCIATES v. EDWARD B. CHATELAIN, III; from Jefferson County; 9th district (09-07-00349-CV, ___ SW3d ___, 01-31-08)(attorneys fees dispute)

No. 08-0357
DONALD E. MANN, JR. v. DEBORAH BADAL MANN AND SOL CASSEB, III; from Bexar County; 4th district (04-07-00154-CV, ___ SW3d ___, 03-05-08) (divorce arbitration)

No. 08-0366
NATIONAL ADVERTISING COMPANY v. LARRY E. POTTER; from Harris County; 1st district (01-06-01042-CV, ___ SW3d ___, 04-03-08)(billboard lease)

No. 08-0414
ERIC H. SCHEFFEY, M.D. v. MIKE GEESLIN, COMMISSIONER OF INSURANCE OF THE TEXAS DEPARTMENT OF INSURANCE AND THE TEXAS MEDICAL LIABILITY INSURANCE UNDERWRITING ASSOCIATION; from Travis County; 3rd district (03-04-00811-CV, ___ SW3d ___, 02-15-08)(professional liability insurance surcharge, judicial review of Commission's order)

Links to monthly lists of petitions for review denied this year:

Petitions for Review denied by Tex. Sup. Ct. January 2008

Petitions for Review denied by Tex. Sup. Ct. February 2008

Petitions for Review denied by Tex. Sup. Ct. March 2008

Petitions for Review denied by Tex. Sup. Ct. April 2008

Petitions for Review denied by Tex. Sup. Ct. May 2008

Petitions for Review denied by Tex. Sup. Ct. June 2008