Supreme Court

October 24, 2014 
Texas State Seal
THE SUPREME COURT OF TEXAS
Orders Pronounced October 24, 2014
 
ORDERS ON CAUSES
THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:
11-0447
LEE C. RITCHIE, ET AL. v. ANN CALDWELL RUPE, AS TRUSTEE FOR THE DALLAS GORDON RUPE, III 1995 FAMILY TRUST; from Dallas County; 5th Court of Appeals District (05-08-00615-CV, 339 SW3d 275, 03-28-11)
 
13-0084
HOUSTON UNLIMITED, INC. METAL PROCESSING v. MEL ACRES RANCH; from Washington County; 14th Court of Appeals District (14-10-01006-CV, 389 SW3d 583, 11-15-12)
 
(Justice Brown not sitting)
 
13-0103
KING FISHER MARINE SERVICE, L.P. v. JOSE H. TAMEZ; from Cameron County; 13th Court of Appeals District (13-10-00425-CV, ___ SW3d ___, 05-31-12)
ORDERS ON CASES GRANTED
THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
13-0947
EDITH SUAREZ, INDIVIDUALLY AND AS SURVIVING PARENT OF A.S. AND S.S., DECEASED, AND AS SURVIVING SPOUSE OF HECTOR SUAREZ, DECEASED v. THE CITY OF TEXAS CITY, TEXAS; from Galveston County; 1st Court of Appeals District (01-12-00848-CV, ___ SW3d ___, 03-07-13)
 
[Note: This case has been set for oral argument at 9:00 a.m., January 14, 2015.]
Time allotted to argue: 20/20 minutes
 
13-1014
RANDOLL MILL PHARMACY, KVG ENTERPRISES, INC., GARY G. DALEY, JOHN WAYNE BAILEY, JAMES ROBERT FORSYTHE, KEVIN LYNN HEIDE, JULIE KNOWLTON LUBBERT AND CARA MORRELL v. STACEY MILLER AND RANDY MILLER; from Tarrant County; 2nd Court of Appeals District (02-12-00519-CV, ___SW3d___, 09-19-13)
 
respondents' motion to strike or return amicus curiae brief denied
 
[Note: This case has been set for oral argument at 9:00 a.m., January 14, 2015.]
Time allotted to argue: 20/20 minutes
 
14-0079
LOWER COLORADO RIVER AUTHORITY v. CITY OF BOERNE, TEXAS; from Kendall County; 4th Court of Appeals District (04-13-00108-CV, 422 SW3d 60, 01-08-14)
 
[Note: This case has been set for oral argument at 9:00 a.m., January 15, 2015.]
Time allotted to argue: 20/20 minutes
 
(Chief Justice Hecht not sitting)
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS SET FOR ORAL ARGUMENT:
13-0499
IN RE RSR CORPORATION AND QUEMETCO METALS LIMITED, INC.; from Dallas County; 5th Court of Appeals District (05-13-00124-CV, 405 SW3d 265, 06-05-13)
 
motion for rehearing granted
denial of petition for writ of mandamus on June 6, 2014, withdrawn
petition reinstated
 
[Note: This case has been set for oral argument at 9:00 a.m., January 14, 2015.]
Time allotted to argue: 20/20 minutes
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
13-0319
OLIVER ALAN HUNT AND JOHN WILLIAM DEAVER v. ELIZABETH HELBING; from Harris County; 1st Court of Appeals District (01-11-00590-CV, 402 SW3d 699, 11-29-12)
 
13-0432
MRSW MANAGEMENT, LLC v. TEXAS DEPARTMENT OF PUBLIC SAFETY; from Travis County; 4th Court of Appeals District (04-12-00715-CV, 403 SW3d 503, 05-01-13)
 
13-0599
MRSW MANAGEMENT, LLC v. NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS; from Travis County; 3rd Court of Appeals District (03-12-00692-CV, 405 SW3d 364. 06-20-13)
 
(Justice Green not sitting)
 
13-0688
IN THE INTEREST OF BABY GIRL S., A CHILD; from Dallas County; 5th Court of Appeals District (05-12-00919-CV, 407 SW3d 904, 08-05-13)
 
motion to expedite dismissed as moot, as amended
 
13-0806
IN THE MATTER OF EXPUNCTION OF M.C.; from El Paso County; 8th Court of Appeals District (08-11-00105-CV, 412 SW3d 48, 08-30-13)
 
13-0812
AMERICAN EUROCOPTER CORPORATION v. CJ SYSTEMS AVIATION GROUP; from Dallas County; 5th Court of Appeals District (05-10-00342-CV, 407 SW3d 274, 03-08-13)
 
13-0825
THE TEXAS CIVIL RIGHTS PROJECT AND SARAH CANRIGHT v. SUSAN COMBS, TEXAS COMPTROLLER OF PUBLIC ACCOUNTS AND THE OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS; from Travis County; 3rd Court of Appeals District (03-11-00538-CV, 410 SW3d 529, 08-29-13)
 
13-0879
SALOME MORENO DEPAULA v. SSP PARTNERS N/K/A STRIPES LLC, SUCCESSOR BY MERGER TO SSP PARTNERS; from Nueces County; 13th Court of Appeals District (13-12-00497-CV, ___ SW3d ___, 09-19-13)
 
13-1018
VINEYARD VILLAGE, MSV, LLC v. TRINITY DRYWALL SYSTEMS, LLC; from Tarrant County; 8th Court of Appeals District (08-12-00041-CV, 416 SW3d 201, 11-06-13)
 
14-0007
VICTORIA FARIAS AND VALERIE FARIAS v. AMERIPRISE FINANCIAL SERVICES, INC.; from Hidalgo County; 13th Court of Appeals District (13-13-00279-CV, ___ SW3d ___, 11-21-13)
 
14-0031
LONE STAR COLLEGE SYSTEM AND RICHARD CARPENTER v. IMMIGRATION REFORM COALITION OF TEXAS; from Harris County; 14th Court of Appeals District (14-12-00819-CV, 418 SW3d 263, 11-26-13)
 
motion to re-urge intervention dismissed as moot
motion to file brief dismissed as moot
 
14-0054
IN THE INTEREST OF B.A.E., Z.R.E. AND A.C.E., CHILDREN; from Collin County; 5th Court of Appeals District (05-12-01113-CV, ___ SW3d ___, 08-09-13)
 
14-0093
PLTQ LOTUS GROUP, L.P. AND CUBO GROUP, L.L.C. v. THE PETERSON GROUP, INC., PGI DEVELOPMENT GROUP, L.P. AND WELLINGTON YU; from Harris County; 1st Court of Appeals District (01-10-00529-CV, 417 SW3d 46, 10-17-13)
 
as reinstated
 
14-0103
OXBOW CALCINING LLC v. PORT ARTHUR STEAM ENERGY LP; from Harris County; 1st Court of Appeals District (01-12-01165-CV, 416 SW3d 708, 10-22-13)
 
14-0165
D.R. HORTON-TEXAS, LTD. v. WILLIAM BERNHARD & NADIA BERNHARD; from Brazoria County; 14th Court of Appeals District (14-12-01150-CV, 423 SW3d 532, 02-20-14)
 
(Chief Justice Hecht not sitting)
 
14-0183
ST. LUKE'S SUGAR LAND PARTNERSHIP, L.L.P. AND ST. LUKE'S COMMUNITY DEVELOPMENT CORPORATION-SUGAR LAND v. SHATISH PATEL, M.D., HEMALATHA VIJAYAN, M.D., SUBODH SONWALKAR, M.D. AND WALLEY OLADUT, M.D.; from Harris County; 1st Court of Appeals District (01-13-00273-CV, ___ SW3d ___, 11-07-13)
 
14-0185
COLUMBIA NORTH HILLS HOSPITAL SUBSIDIARY, L.P. D/B/A NORTH HILLS HOSPITAL v. LARRY G. BOWEN; from Tarrant County; 2nd Court of Appeals District (02-13-00286-CV, ___SW3d___, 01-30-14)
 
14-0225
CITY OF WILLOW PARK, TEXAS v. E.S. & C.M., INC.; from Parker County; 2nd Court of Appeals District (02-13-00272-CV, 424 SW3d 702, 02-06-14)
 
14-0341
SCHUHARDT CONSULTING PROFIT SHARING PLAN, ALLAN P. BLOXSOM, III, THOMAS O. STONER, STORMY NIGHT, LLC, AND TOS RANCH, LLC v. DOUBLE KNOBS MOUNTAIN RANCH, INC. AND CARLTON E. THOMPSON; from Uvalde County; 4th Court of Appeals District (04-12-00841-CV, 426 SW3d 800, 01-22-14)
 
14-0384
CROW-BILLINGSLEY AIR PARK LTD., HENRY BILLINGSLEY, AIR PARK-DALLAS ZONING COMMITTEE v. AIR PARK COMMON AREA PRESERVATION ASSOCIATION, CHAD MAISEL, AMY EKLUND, AND DALE BURGDORF; from Collin County; 5th Court of Appeals District (05-11-01377-CV, 431 SW3d 682, 04-09-14)
 
14-0432
DONA K. ELLIOTT v. MT. PLEASANT INDEPENDENT SCHOOL DISTRICT; from Titus County; 6th Court of Appeals District (06-13-00115-CV, ___ SW3d ___, 04-17-14)
 
14-0460
PATRICIA KAHLDEN, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF LILLIE MAY WILLIAMS BAYLESS v. CITY OF COLLEGE STATION; from Brazos County; 10th Court of Appeals District (10-12-00262-CV, ___ SW3d ___, 03-27-14)
 
14-0469
DONAL S. CLARK v. 24/7 GRILL, L.L.C.; from Galveston County; 14th Court of Appeals District (14-13-00099-CV, ___ SW3d ___, 04-10-14)
 
14-0534
RAILROAD COMMISSION OF TEXAS v. GULF ENERGY EXPLORATION CORPORATION; from Calhoun County; 13th Court of Appeals District (13-12-00252-CV, ___ SW3d ___, 05-29-14)
 
14-0630
JOSEPH REGECI v. CAROL REGECI; from Collin County; 5th Court of Appeals District (05-13-00501-CV, ___ SW3d ___, 06-16-14)
 
14-0641
TERI ROAD PARTNERS, LTD., ET AL. v. 4800 FREIDRICH LANE, LLC; from Travis County; 3rd Court of Appeals District (03-13-00221-CV, ___ SW3d___, 06-04-14)
 
14-0646
S. GARY WERLEY v. TRAVIS HAZLEWOOD; from Tarrant County; 7th Court of Appeals District (07-12-00166-CV, ___ SW3d ___, 06-18-14)
 
14-0665
BEAU DAVID PRICE v. TEXAS ALCOHOLIC BEVERAGE COMMISSION, ALAN STEEN, JOEL MORENO, ROD VENNER, AND ANDY PENA; from Harris County; 1st Court of Appeals District (01-12-01164-CV, ___ SW3d ___, 07-10-14)
 
14-0742
ESTATE OF ARLETTA TURNER, DECEASED v. MARY REDD AND RODNEY REDD; from Van Zandt County; 12th Court of Appeals District (12-14-00055-CV, ___ SW3d ___, 08-06-14)
   
THE FOLLOWING PETITION FOR REVIEW IS DISMISSED FOR WANT OF JURISDICTION:
14-0187
ROSA SERRANO DBA THE LENS FACTORY AND INVIDUALLY v. FRANCIS PROPERTIES, LTD. I; from El Paso County; 8th Court of Appeals District (08-11-00191-CV, ___ SW3d ___, 08-21-13)
 
See TEX. GOV’T CODE § 22.225(b)(1).
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
13-0623
WASHINGTON DC PARTY SHUTTLE, LLC, ET AL. v. IGUIDE TOURS, LLC, ET AL.; from Harris County; 14th Court of Appeals District (14-12-00303-CV, 406 SW3d 723, 06-27-13)
 
(Justice Brown not sitting)
 
14-0291
ARMANDO BENAVIDES v. ANSELMO BENAVIDES, ANTONIO BENAVIDES AND A.T. TRUCKING, L.L.P.; from Jim Wells County; 4th Court of Appeals District (04-12-00864-CV, ___ SW3d ___, 01-22-14)
 
14-0383
EVAN LANE (VAN) SHAW v. D. BRENT LEMON; from Dallas County; 5th Court of Appeals District (05-12-00903-CV, 427 SW3d 536, 04-02-14)
 
14-0522
VERONICA L. DAVIS v. HOUSTON REPORTING SERVICES AND JAMES A. WEST; from Brazoria County; 1st Court of Appeals District (01-13-00463-CV, 433 SW3d 101, 03-27-14)
 
14-0523
FELICIA NICOLE JONES v. LOUIS VUITTON HOUSTON GALLERIA, ET AL.; from Brazoria County; 1st Court of Appeals District (01-14-00403-CV, ___ SW3d ___, 06-10-14)
 
14-0654
SERGIO GARDEA, ELIZABETH GARDEA AND/OR ALL OCCUPANTS OF 113 PHILLIPS ST., HUTTO, TEXAS 78634 v. GMAC MORTGAGE, LLC SUCCESSOR BY MERGER TO GMAC MORTGAGE COPORTATION, ITS SUCCESSOR AND/OR ASSIGNS; from Williamson County; 3rd Court of Appeals District (03-13-00294-CV, ___ SW3d ___, 05-07-14)
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
14-0503
IN RE GLENN BLAIR; from Fort Bend County; 1st Court of Appeals District (01-11-00701-CV, ___ SW3d ___, 07-02-13)
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
14-0002
IN RE SOVEREIGN BANK; from Dallas County; 5th Court of Appeals District (05-13-01414-CV, ___ SW3d ___, 12-05-13)
 
14-0065
IN RE REPUBLIC WASTE SERVICES OF TEXAS, LTD., D/B/A DUNCAN DISPOSAL; from Hill County; 10th Court of Appeals District (10-13-00434-CV, ___ SW3d ___, 01-09-14)
 
14-0130
IN RE FISHER & PAYKEL APPLIANCES, INC.; from Dallas County; 5th Court of Appeals District (05-13-01498-CV, 420 SW3d 842, 01-22-14)
 
unopposed motion for leave to submit documents for in camera review denied
 
14-0425
IN RE MOTIVATING GRAPHICS, LLC AND SCOTT STEWART, PLLC; from Tarrant County; 2nd Court of Appeals District (02-14-00115-CV, ___ SW3d ___, 05-05-14)
 
14-0454
IN RE VERANO LAND GROUP, LP; from Bexar County; 4th Court of Appeals District (04-14-00281-CV, ___ SW3d ___, 05-14-14)
 
14-0663
IN RE STEPHANIE DEATHERAGE; from Montgomery County; 9th Court of Appeals District (09-14-00164-CV, ___ SW3d ___, 05-15-14)
 
14-0737
IN RE CHARLES ANTHONY ALLEN SR.; from Dallas County; 5th Court of Appeals District (05-14-00389-CV, ___ SW3d ___, 06-17-14)
 
motion to reinstate appeal dismissed as moot
 
14-0738
IN RE WILLIAM WEEDMAN TCDJ #682349