Supreme Court

March 6, 2015 

Print-Friendly

Texas State Seal
THE SUPREME COURT OF TEXAS
Orders Pronounced March 6, 2015
 
ORDERS ON CAUSES
13-0199
KCM FINANCIAL LLC, R.J. SIKES, ROGER SIKES, KATHY SIKES, GREG LOUVIER, PAM LOUVIER, CHRISTY ROME, R. CRIST VIAL, DACOTA INVESTMENT HOLDINGS, L.L.P. A/K/A DACOTA INVESTMENT HOLDINGS, L.P., RANGE RESOURCES CORPORATION, AND RANGE PRODUCTION I, L.P. v. BETTY LOU BRADSHAW; from Hood County; 2nd Court of Appeals District (02-10-00369-CV, 395 SW3d 348, 02-14-13)
 
3 petitions
 
The Court affirms in part and reverses in part the court of appeals' judgment, renders judgment in part and remands the case to the trial court.

Justice Guzman delivered the opinion of the Court.
13-0573
THE FREDERICKSBURG CARE COMPANY, L.P. v. JUANITA PEREZ, VIRGINIA GARCIA, PAUL ZAPATA, AND SYLVIA SANCHEZ, INDIVIDUALLY AND AS ALL HEIRS OF ELISA ZAPATA, DECEASED; from Bexar County; 4th Court of Appeals District (04-13-00111-CV, 406 SW3d 313, 06-26-13)
 
The Court reverses the court of appeals' judgment and remands the case to the trial court.

Justice Green delivered the opinion of the Court.
13-0576
THE WILLIAMSBURG CARE COMPANY, L.P. v. JESUSA ACOSTA, ET AL.; from Bexar County; 4th Court of Appeals District (04-13-00110-CV, 406 SW3d 711, 06-26-13)
 
stay order issued August 9, 2013, lifted
 
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
View Electronic Briefs | Oral Argument N/A

13-0577
THE FREDERICKSBURG CARE COMPANY, L.P. v. BRENDA LIRA, AS REPRESENTATIVE OF THE ESTATE OF GUADALUPE QUESADA, DECEASED; from Bexar County; 4th Court of Appeals District (04-13-00112-CV, 407 SW3d 810, 06-26-13)
 
stay order issued August 9, 2013, lifted
 
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
View Electronic Briefs | Oral Argument N/A

THE FOLLOWING CAUSE IS RESET FOR ORAL ARGUMENT:
13-0768
BCCA APPEAL GROUP, INC. v. CITY OF HOUSTON, TEXAS; from Harris County; 1st Court of Appeals District (01-11-00332-CV, ___ SW3d ___, 08-29-13)
 
unopposed motion to reschedule argument granted
 
[Note: The date and time for oral argument is yet to be determined.]
ORDERS ON CASES GRANTED
THE FOLLOWING PETITION FOR REVIEW IS GRANTED:
15-0023
STATE FARM LLOYDS v. JULIA RATHGEBER, IN HER OFFICIAL CAPACITY AS COMMISSIONER OF INSURANCE; TEXAS DEPARTMENT OF INSURANCE; AND OFFICE OF PUBLIC INSURANCE COUNSEL; from Travis County; 3rd Court of Appeals District (03-11-00322-CV, ___ SW3d ___, 11-26-14)
 
joint motion pursuant to Rule 56.3 of Texas Rules of Appellate Procedure, being treated as a petition for review, granted as follows:


Pursuant to Texas Rule of Appellate Procedure 56.3, the Court grants the petition for review. Without hearing oral argument or considering the merits, the Court vacates the judgments of the court of appeals and trial court and vacates the Texas Department of Insurance's order and remands the case to the agency for entry of an order in accordance with the parties' settlement agreement.
THE FOLLOWING CERTIFIED QUESTION FROM THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT IS ACCEPTED:
15-0146
WAL-MART STORES, INCORPORATED v. DORIS FORTE, O.D., ON BEHALF OF HERSELF AND ALL OTHER SIMILARLY SITUATED PERSONS; BRIDGET LEESANG, O.D.; DAVID WIGGINS, O.D.; JOHN BOLDAN, O.D.
 
[Note: The date and time for oral argument are yet to be determined.]
 
(Justice Willett not sitting)
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
13-0375
BETTY LOU BRADSHAW v. R. J. SIKES, ET AL.; from Hood County; 2nd Court of Appeals District (02-11-00169-CV, ___ SW3d ___, 03-14-13)
 
15-0022
ROSS MANDEL AND LEA MANDEL v. LEWISVILLE INDEPENDENT SCHOOL DISTRICT, COUNTY OF DENTON, TEXAS, AND CITY OF PLANO; from Denton County; 2nd Court of Appeals District (02-13-00171-CV, 445 SW3d 469, 10-02-14)
 
15-0064
JEFF KILLINGSWORTH v. THE HOUSING AUTHORITY OF THE CITY OF DALLAS; from Dallas County; 5th Court of Appeals District (05-12-00524-CV, 447 SW3d 480, 10-14-14)
 
15-0071
T C & C REAL ESTATE HOLDINGS v. DANNY R. SHERROD AND WIFE, WENDY SHERROD; from Limestone County; 10th Court of Appeals District (10-13-00385-CV, ___ SW3d ___, 08-21-14)
A STAY IS ISSUED IN THE FOLLOWING PETITION FOR REVIEW:
14-0649
TEXAS HEALTH RESOURCES AND TEXAS HEALTH PRESBYTERIAN HOSPITAL DALLAS D/B/A PRESBYTERIAN HOSPITAL OF DALLAS v. MICHELLE KRUSE; from Dallas County; 5th Court of Appeals District (05-13-01754-CV, ___ SW3d ___, 07-11-14)
 
petitioners' emergency motion to stay granted
stay order issued
 
[Note: The petition for review remains pending before this Court.]
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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)
 
14-0951
DANIEL M. FRALEY v. DONALD R. FRALEY; from Midland County; 11th Court of Appeals District (11-14-00190-CV, ___ SW3d ___, 10-02-14)
 
14-0970
SOLUM ENGINEERING, INC. v. MARTHA M.J. STARICH A/K/A MARIE J. STARICH AND LORI A. HOOD; from Harris County; 14th Court of Appeals District (14-13-00428-CV, ___ SW3d ___, 08-28-14)
MISCELLANEOUS
THE FOLLOWING DIRECT APPEAL IS DISMISSED FOR WANT OF JURISDICTION:
14-0757
IN RE TEXAS STATE SILICA PRODUCTS LIABILITY LITIGATION; from Harris County
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
15-0065
IN RE D.A. WALKER; from Wichita County; 2nd Court of Appeals District (02-14-00267-CV, ___ SW3d ___, 12-04-14)
 
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS ABATED:
14-0772
IN RE GEORGE HELLE III; from Harris County
 
motion to abate granted
abatement order issued
 
[Note: The case is abated under Tex. R. App. P. 7.2(b) until further order of this Court.]