Supreme Court

March 13, 2015 
Texas State Seal
THE SUPREME COURT OF TEXAS
Orders Pronounced March 13, 2015
 
ORDERS ON CAUSES
THE FOLLOWING CAUSE IS RESET 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)
 
abatement order issued November 21, 2014, lifted
cause reinstated
 
[Note: The date and time for oral argument is yet to be determined.]
THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:
13-0907
RICHMONT HOLDINGS, INC., NUKOTE HOLDING, INC., NUKOTE INTERNATIONAL, INC., INKBRARY, L.L.C., SUPERIOR ACQUISITIONS L.L.C., JOHN P. ROCHON, SR., JOHN P. ROCHON, JR., KELLY KITTRELL, RUSSELL MACK, C & R SERVICES, INC. AND KENNETH R. SCHLAG v. SUPERIOR RECHARGE SYSTEMS, L.L.C. AND JON BLAKE; from Denton County; 2nd Court of Appeals District (02-10-00161-CV, ___ SW3d ___, 08-22-13)
 
13-0968
RYDER INTEGRATED LOGISTICS, INC. v. FAYETTE COUNTY, TEXAS; from Bexar County; 4th Court of Appeals District (04-13-00082-CV, 414 SW3d 864, 08-30-13)
ORDERS ON CASES GRANTED
THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
13-0673
ROY SEGER, ET AL. v. YORKSHIRE INSURANCE CO., LTD. AND OCEAN MARINE INSURANCE CO., LTD.; from Hutchinson County; 7th Court of Appeals District (07-12-00090-CV, 407 SW3d 435, 07-19-13)
 
[Note: The date and time for oral argument is yet to be determined.]
 
13-0961
OCCIDENTAL CHEMICAL CORPORATION v. JASON JENKINS; from Harris County; 1st Court of Appeals District (01-09-01140-CV, 415 SW3d 14, 07-02-13)
 
[Note: The date and time for oral argument is yet to be determined.]
 
14-0456
KBMT OPERATING COMPANY, LLC, KBMT LICENSE COMPANY, LLC, BRIAN BURNS, JACKIE SIMIEN AND TRACY KENNICK v. MINDA LAO TOLEDO; from Orange County; 9th Court of Appeals District (09-13-00234-CV, ___ SW3d ___, 05-08-14)
 
[Note: The date and time for oral argument is yet to be determined.]
 
14-0983
MILTON LINDSEY v. KATHRYN RAMSEY; from Travis County; 3rd Court of Appeals District (03-14-00001-CV, ___ SW3d ___, 10-16-14)
 
joint motion to abate dismissed as moot
joint motion to grant petition for review to effetuate settlement granted as follows:


Pursuant to Texas Rule of Appellate Procedure 56.3, without considering the merits, the Court grants the petition for review, sets aside the judgments of the court of appeals and trial court, and remands the case to the trial court to effectuate the parties' settlement agreement.
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
13-0298
INTERNATIONAL BANK OF COMMERCE v. DAN SILVESTRI AND THE ESTATE OF TYLER TODD; from Harris County; 1st Court of Appeals District (01-11-00921-CV; 01-12-00742-CV, ___ SW3d ___, 02-07-13)
 
13-0823
HALE LAND AND CATTLE COMPANY, INC. v. SILVARIS CORPORATION, D/B/A LOW GRADE LUMBER AND ALCALOSA FORWARDING, INC.; from Maverick County; 4th Court of Appeals District (04-13-00083-CV; 04-13-00320-CV, ___ SW3d ___, 07-31-13)
 
motion for consolidation dismissed as moot
 
13-1022
SERVICIOS MULTIPLES DEL NORTE SA DE CV v. IBS ASSET LIQUIDATIONS LLC F/K/A ICON BUILDING SYSTEMS, LLC; from Bexar County; 4th Court of Appeals District (04-13-00273-CV, 419 SW3d 573, 11-20-13)
 
14-0034
THOMAS A. LAMONT, L.O.G. ENERGY DEVELOPMENT, LTD., ROSENDO A. CARRANCO AND MONTECRISTO ENERGY II, LTD. v. VAQUILLAS ENERGY LOPENO, LTD., LLP AND JOB ENERGY PARTNERS II, LTD.; from Webb County; 4th Court of Appeals District (04-12-00219-CV, 421 SW3d 198, 12-11-13)
 
2 petitions
 
14-0403
THOMAS A. LAMONT v. JERRY L. HAMBLIN AND RICOCHET ENERGY, INC.; from Webb County; 4th Court of Appeals District (04-12-00852-CV, 433 SW3d 51, 12-11-13)
 
14-0473
CITY OF HOUSTON AND DANIEL W. KRUEGER, IN HIS OFFICIAL CAPACITY AS DIRECTOR OF PUBLIC WORKS AND ENGINEERING v. LITTLE NELL APARTMENTS, LP, HFI REGENCY PARK APARTMENTS, LP AND WINDSHIRE APARTMENTS, LP; from Harris County; 14th Court of Appeals District (14-12-01157-CV, ___ SW3d ___, 01-23-14)
 
14-0527
AGCS MARINE INSURANCE COMPANY v. SPRING CENTER, INC.; from Harris County; 14th Court of Appeals District (14-13-00417-CV, ___ SW3d ___, 04-29-14)
 
14-0529
CITY OF DALLAS v. MILLWEE-JACKSON JOINT VENTURE AND STEPHEN M. MILWEE; from Dallas County; 5th Court of Appeals District (05-13-00278-CV, ___ SW3d ___, 04-04-14)
 
14-0565
CITY DIRECT MOTOR CARS, INC. AND MAHDI MOHAMMADAGHAEI v. EXPO MOTORCARS, LLC; from Harris County; 14th Court of Appeals District (14-13-00122-CV, ___ SW3d ___, 06-05-14)
 
14-0676
DAVEN CORPORATION, ZALMAN RESOURCES, INC. AND SPORT RESOURCES, INC. v. TARH E&P HOLDINGS, L.P., ALEXANDER ENERGY, AND JAMES W. ALEXANDER, TRUSTEE OF THE JAMES W. ALEXANDER LIVING TRUST; from Zavala County; 4th Court of Appeals District (04-12-00827-CV, 441 SW3d 770, 07-23-14)
 
14-0728
AMERICAN NATIONAL INSURANCE COMPANY v. CONESTOGA SETTLEMENT TRUST, THE RE FAMILY TRUST, AND SHEA UNGAR, A/K/A HERSHEY UNGAR, TRUSTEE OF THE RE FAMILY TRUST; from Bexar County; 4th Court of Appeals District (04-13-00719-CV, 442 SW3d 589, 07-30-14)
 
14-0762
ROBERT SCHRADE v. STEPHEN E. EARLE, M.D. AND STEPHEN E. EARLE, M.D., P.A.; from Bexar County; 4th Court of Appeals District (04-13-00753-CV, ___SW3d___, 07-09-14)
 
14-0808
DOUGLAS WATSON v. DALLAS INDEPENDENT SCHOOL DISTRICT; from Dallas County; 5th Court of Appeals District (05-12-00254-CV, ___ SW3d ___, 02-28-14)
 
14-0824
EZY-LIFT OF CALIFORNIA, INC. v. EZY ACQUISITION, LLC D/B/A EZY LIFT, INC.; from Harris County; 1st Court of Appeals District (01-13-00058-CV, ___ SW3d ___, 04-17-14)
 
14-0830
ALBERT PREVOT v. BANCORPSOUTH BANK F/K/A BANK OF MISSISSIPPI; from Harris County; 1st Court of Appeals District (01-12-00986-CV, ___ SW3d ___, 08-29-14)
 
14-0858
CAROLYN BUTLER v. DAVID WHITTEN, M.D., JON BEEZLEY, D.O., AND JOSEPH DELPRINCIPE, D.O.; from Tarrant County; 2nd Court of Appeals District (02-13-00306-CV, ___ SW3d ___09-18-14)
 
14-0865
IN THE ESTATE OF AMINTA PEREZ-MUZZA; from Webb County; 4th Court of Appeals District (04-13-00791-CV, 446 SW3d 415, 07-16-14)
 
14-0866
PRESTON STATE BANK F/K/A DALLAS CITY BANK v. GREG WILLIS, IN HIS OFFICIAL CAPACITY AS COLLIN COUNTY DISTRICT ATTORNEY, COLLIN COUNTY, TEXAS, AND THE STATE OF TEXAS; from Collin County; 5th Court of Appeals District (05-12-00688-CV, 443 SW3d 428, 08-26-14)
 
14-0869
STATE OFFICE OF RISK MANAGMENT v. ARNOLD PEÑA, GUARDIAN OF JUAN CARLOS PEÑA; from Hidalgo County; 13th Court of Appeals District (13-12-00712-CV, ___ SW3d ___, 09-11-14)
 
14-0892
JUAN ANTONIO GARCIA, GONZALO CHAPA, JR. AND CARMEN S. CHAPA v. KING RANCH, INC.; from Jim Wells County; 4th Court of Appeals District (04-13-00605-CV, ___ SW3d ___, 09-17-14)
 
14-0898
GARY MCGREGOR, TERRI MCGREGOR, KRIS HALL, SOLIDAD PINEDA, LARRY BISHOP, CYNTHIA BISHOP, GEORGE CLARK, DEBORAH CLARK AND CAROL SEVERANCE v. BRUCE I. SCHIMMEL; from Harris County; 1st Court of Appeals District (01-13-00721-CV, 438 SW3d 847, 07-10-14)
 
14-0928
ANGLO–DUTCH PETROLEUM INTERNATIONAL, INC. AND ANGLO DUTCH (TENGE) LLC v. CASE FUNDING NETWORK, LLP, ET AL; from Harris County; 1st Court of Appeals District (01-12-00539-CV, 441 SW3d 612, 05-13-14)
 
14-1051
VICTORY ENERGY CORPORATION; SMARTGAS, LLC; AND HCP INVESTMENTS v. OZ GAS CORPORATION; from Crockett County; 8th Court of Appeals District (08-12-00248-CV, ___ SW3d ___, 09-17-14)
 
14-1061
REX DEAN WILLIAMS, SOPHIA WILLIAMS, ASHLEY WILLIAMS AND REX DEAN WILLIAMS II v. UNITED ELECTRIC COOPERATIVE SERVICES, INC.; from Johnson County; 10th Court of Appeals District (10-13-00020-CV, ___ SW3d ___, 11-06-14)
 
14-1071
TODD PHILLIPPI v. CITI RESIDENTIAL LENDING, INC., ET AL.; from Ellis County; 10th Court of Appeals District (10-12-00302-CV, ___ SW3d ___, 08-14-14)
 
(Justice Willett not sitting)
 
15-0002
KELLY ELLIS v. LUBBOCK COUNTY HOSPITAL DISTRICT D/B/A UNIVERSITY MEDICAL CENTER; from Lubbock County; 7th Court of Appeals District (07-13-00368-CV, __ SW3d ___, 11-19-14)
 
15-0009
IN THE INTEREST OF E.D.F. AND C.G.F., CHILDREN; from Terry County; 7th Court of Appeals District (07-12-00470-CV, ___ SW3d ___, 10-09-14)
 
15-0026
CHRISONDATH BADALL v. RUKMIN DURGAPERSAD, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF RAMDATH DURGAPERSAD, SUSAN DURGAPERSAD, RESHMA DURGAPERSAD, AND REHKA DURGAPERSAD; from Liberty County; 1st Court of Appeals District (01-13-00596-CV, ___ SW3d ___, 12-02-14)
THE FOLLOWING PETITIONS FOR REVIEW ARE DISMISSED:
14-0270
TEXAS DEPARTMENT OF STATE HEALTH SERVICES; AND KYLE JANEK, IN HIS OFFICIAL CAPACITY AS EXECUTIVE COMMISSIONER OF THE TEXAS HEALTH & HUMAN SERVICES COMMISSION v. MARCELA BALQUINTA, ET AL.; from Travis County; 3rd Court of Appeals District (03-13-00063-CV, 429 SW3d 726, 04-09-14)
 
unopposed motion to dismiss granted
 
14-0910
SKILLMAN INTERNATIONAL FIRM, LLC v. CRAWFORD SERVICES COMPANY, INC.; from Dallas County; 5th Court of Appeals District (05-13-01428-CV, 444 SW3d 265, 08-22-14)
 
motion to dismiss granted
THE FOLLOWING PETITION FOR REVIEW IS DISMISSED FOR WANT OF JURISDICTION:
14-0867
OLGA MURRY v. BANK OF AMERICA, N. A.; from Tarrant County; 2nd Court of Appeals District (02-13-00303-CV, ___ SW3d ___, 08-07-14)
 
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:
14-0619
DALLAS AREA RAPID TRANSIT v. DAVID MORRIS; from Dallas County; 5th Court of Appeals District (05-12-01133-CV, ___ SW3d ___, 05-29-14)
 
14-0661
COLIN O'KROLEY v. BYRON BROWN, RAY PRINGLE, PRINGLE MANAGEMENT COMPANY, JENNIE HOLDER, AND BYRON BROWN REALTY CORPORATION; from Ector County; 11th Court of Appeals District (11-14-00114-CV, ___ SW3d ___, 06-26-14)
 
14-0945
GUSTAVO L. MIRELES v. THE STATE OF TEXAS; from Hidalgo County; 13th Court of Appeals District (13-14-00497-CR, ___ SW3d ___, 10-09-14)
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
13-0849
IN RE TRAVELERS LLOYDS OF TEXAS INSURANCE COMPANY; from Harris County; 1st Court of Appeals District (01-13-00225-CV, ___ SW3d ___, 10-15-13)
 
13-0855
IN RE LOYA INSURANCE COMPANY; from Harris County; 1st Court of Appeals District (01-13-00242-CV, ___ SW3d ___, 10-15-13)
 
14-0871
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:
13-0824
IN RE HALE LAND AND CATTLE COMPANY, INC.; from Maverick County; 4th Court of Appeals District (04-13-00083-CV; 04-13-00320-CV, ___ SW3d ___, 07-31-13)
 
motion for consolidation dismissed as moot
 
14-0531
IN RE THOMAS AGRESTI, ING AMERICA EQUITIES, INC., SECURITY LIFE OF DENVER INSURANCE COMPANY, AMERICAN GENERAL LIFE INSURANCE COMPANY, AMERICAN INTERNATIONAL GROUP, INC., NELSON P. TODD, ORCHARD FINANCIAL GROUP, LLC, AND ORCHARD ADMINISTRATORS, LLC; from Hidalgo County; 13th Court of Appeals District (13-14-00126-CV; 13-14-00149-CV; 13-14-00154-CV; 13-14-00168-CV, ___ SW3d ___, 05-29-14)
 
14-0887
IN RE JEFFREY BARON; from Dallas County; 5th Court of Appeals District (05-14-01145-CV, 05–14–01176–CV, ___ SW3d ___, 09-16-14)
 
15-0095
IN RE ELEAZAR MALDONADO; from Fort Bend County; 14th Court of Appeals District (14-14-00971-CV, ___SW3d ___, 01-13-15)
 
15-0125
IN RE ALEJANDRO HERNANDEZ AND EDITH ROMAN; from El Paso County; 8th Court of Appeals District (08-14-00315-CV, ___ SW3d ___, 01-14-15)
 
motion for temporary emergency stay denied
THE FOLLOWING APPEAL FROM A DECISION OF THE BOARD OF DISCIPLINARY APPEALS IS DISMISSED:
14-0934
CRAIG F. SANDLING v. COMMISSION FOR LAWYER DISCIPLINE