Supreme Court

November 20, 2015 

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Texas State Seal
THE SUPREME COURT OF TEXAS
Orders Pronounced November 20, 2015
 
ORDERS ON CAUSES
THE FOLLOWING CAUSE IS SET FOR SUBMISSION:
15-0489
RALPH S. JANVEY, IN HIS CAPACITY AS COURT APPOINTED RECEIVER FOR THE STANFORD INTERNATIONAL BANK LIMITED, ET AL.; OFFICIAL STANFORD INVESTORS COMMITTEE v. THE GOLF CHANNEL, INCORPORATED; TGC, L.L.C., DOING BUSINESS AS GOLF CHANNEL (U.S. Fifth Circuit 13-11305)
 
[Note: This cause has been set for oral argument at 9:00 a.m., January 12, 2016.]
Time allotted to argue: 20/20 minutes
THE MOTIONS IN THE FOLLOWING CAUSES ARE GRANTED:
14-0293
ERG RESOURCES, LLC v. PAREX RESOURCES, INC.; from Harris County; 14th Court of Appeals District (14-13-00043-CV, 427 SW3d 407, 01-28-14)
 
petitioner ERG Resources, LLC's unopposed motion to substitute party granted
 
The Court grants the motion to substitute on behalf of ERG Resources, LLC. The cause has been restyled as Jason R. Searcy, as Trustee of the Exempt Assets Trust v. Parex Resources, Inc.
 
(Justice Brown not sitting)
 
14-0295
ERG RESOURCES, LLC v. PAREX RESOURCES (BERMUDA), LTD.; from Harris County; 14th Court of Appeals District (14-13-00073-CV, ___ SW3d ___, 01-28-14)
 
petitioner ERG Resources, LLC's unopposed motion to substitute party granted
 
The Court grants the motion to substitute on behalf of ERG Resources, LLC. The cause has been restyled as Jason R. Searcy, as Trustee of the Exempt Assets Trust v. Parex Resources (Bermuda), Ltd.
 
(Justice Brown not sitting)
THE MOTION FOR REHEARING OF THE FOLLOWING CAUSE IS DENIED:
14-0470
CARLOS CASCOS, IN HIS OFFICIAL CAPACITY AS SECRETARY OF STATE OF TEXAS v. TARRANT COUNTY DEMOCRATIC PARTY; STEVE MAXWELL, IN HIS OFFICIAL CAPACITY AS CHAIR OF THE TARRANT COUNTY DEMOCRATIC PARTY; TEXAS DEMOCRATIC PARTY; GILBERTO HINOJOSA, IN HIS OFFICIAL CAPACITY AS CHAIR OF THE TEXAS DEMOCRATIC PARTY; from Travis County; 4th Court of Appeals District (04-13-00069-CV, 434 SW3d 188, 02-19-14)
ORDERS ON CASES GRANTED
THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
14-0507
INEOS USA, LLC F/K/A INNOVENE USA, LLC, INEOS POLYMERS, INC., A/K/A INEOS OLEFINS, INEOS OLEFINS & POLYMERS USA, A DIVISION OF INEOS USA, LLC, AND JONATHAN “BUBBA” PAVLOVSKY v. JOHANNES “JOE” ELMGREN AND VALARIE ELMGREN, INDIVIDUALLY AND AS NEXT FRIENDS OF THEIR MINOR CHILDREN; from Brazoria County; 14th Court of Appeals District (14-13-00044-CV, ___ SW3d ___, 03-20-14)
 
[Note: This case has been set for oral argument at 9:00 a.m., January 12, 2016.]
Time allotted to argue: 20/20 minutes
 
14-0538
CORNERSTONE HEALTHCARE GROUP HOLDING, INC. v. NAUTIC MANAGEMENT VI, L.P.; from Dallas County; 5th Court of Appeals District (05-13-00859-CV, ___ SW3d ___, 06-18-14)
 
- consolidated for oral argument with -
 
14-0539
CORNERSTONE HEALTHCARE GROUP HOLDING, INC. v. NAUTIC PARTNERS VI, L.P., RELIANT SPLITTER, L.P., AND KENNEDY PLAZA PARTNERS, L.P.; from Dallas County; 5th Court of Appeals District (05-11-01730-CV, ___ SW3d ___, 06-05-14)
 
[Note: These cases have been set for oral argument at 9:00 a.m., January 12, 2016.]
Time allotted to argue: 20/20 minutes
 
15-0046
LEONARD K. HOSKINS v. COLONEL CLIFTON HOSKINS AND HOSKINS, INC.; from Bexar County; 4th Court of Appeals District (04-13-00859-CV, ___ SW3d ___, 10-15-14)
 
[Note: This case has been set for oral argument at 9:00 a.m., January 13, 2016.]
Time allotted to argue: 20/20 minutes
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE SET FOR ORAL ARGUMENT:
14-0999
IN RE CHRISTOPHER W. MARTIN; from Harris County; 14th Court of Appeals District (14-14-00486-CV, 448 SW3d 616, 09-30-14)
 
[Note: This case has been set for oral argument at 9:00 a.m., January 13, 2016.]
Time allotted to argue: 20/20 minutes
 
14-1045
IN RE M-I L.L.C. D/B/A M-I SWACO; from Harris County; 14th Court of Appeals District (14-14-00705-CV, ___ SW3d ___, 11-04-14)
 
motion to strike denied
 
[Note: This case has been set for oral argument at 9:00 a.m., January 13, 2016.]
Time allotted to argue: 20/20 minutes
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
14-0409
TRO-X, L.P. v. EAGLE OIL & GAS CO. AND EAGLE OIL & GAS PARTNERS, LLC; from Midland County; 11th Court of Appeals District (11-11-00290-CV, 427 SW3d 581, 04-24-14)
 
14-0580
MATLINPATTERSON GLOBAL OPPORTUNITIES PARTNERS L.P., MATLINPATTERSON GLOBAL OPPORTUNITIES PARTNERS (BERMUDA) L.P., AND MATLINPATTERSON GLOBAL OPPORTUNITIES PARTNERS B, L.P. v. DEUTSCHE BANK SECURITIES USA, INC. AND CREDIT SUISSE SECURITIES (USA) LLC; from Montgomery County; 9th Court of Appeals District (09-13-00070-CV, ___ SW3d ___, 05-15-14)
 
14-0763
CAROLINA ALLEN SAENZ v. ATLEE M. PARR, RANCH ENTERPRISES LLC, LOS ORCONES RANCH LTD., AND LOS ORCONES RANCH MANAGEMENT LLC; from Duval County; 4th Court of Appeals District (04-12-00767-CV, ___ SW3d ___, 08-13-14)
 
2 petitions
 
14-0789
HIGHLANDS INSURANCE COMPANY, IN RECEIVERSHIP v. PLANTATION PIPE LINE COMPANY; from Travis County; 11th Court of Appeals District (11-12-00029-CV, 444 SW3d 307, 08-29-14)
 
14-0811
ENDURING RESOURCES, LLC v. TALISMAN ENERGY USA INC. AND STATOIL TEXAS ONSHORE PROPERTIES, LLC; from Harris County; 1st Court of Appeals District (01-13-00357-CV, ___ SW3d ___, 08-26-14)
 
14-0942
WALTER L. BOYAKI, RUBEN P. HERNANDEZ AND MIRANDA & BOYAKI v. JOHN M. O'QUINN & ASSOCIATES, PLLC, D/B/A THE O'QUINN LAW FIRM, AND MUSSLEWHITE & ASSOCIATES, P.C.; from Harris County; 1st Court of Appeals District (01-12-00984-CV, ___ SW3d ___, 09-30-14)
 
14-0944
THE PRUDENTIAL INSURANCE COMPANY OF AMERICA AND PRUCO LIFE INSURANCE COMPANY v. IRASEMA SAGARNAGA DURANTE; from El Paso County; 8th Court of Appeals District (08-12-00077-CV, 443 SW3d 499, 08-29-14)
 
14-1008
IN THE INTEREST OF E.H., A.H., AND E.H., CHILDREN; from Galveston County; 14th Court of Appeals District (14-13-00622-CV, 450 SW3d 166, 10-23-14)
 
14-1010
CRYSTAL CLEAR WATER SUPPLY CORPORATION v. TEXAS GENERAL LAND OFFICE AND TEXAS COMMISSION ON ENVIRONMENTAL QUALITY; from Travis County; 3rd Court of Appeals District (03-13-00528-CV, 449 SW3d 130, 08-22-14)
 
14-1064
EAST EL PASO PHYSICIANS MEDICAL CENTER, LLC v. OLIVIA VARGAS; from El Paso County; 8th Court of Appeals District (08-13-00358-CV, ___ SW3d ___, 11-07-14)
 
15-0112
COLUMBIA MEDICAL CENTER OF MCKINNEY SUBSIDIARY, L.P. D/B/A MCKINNEY MEDICAL CENTER v. JEANNIE MCKELVY; from Collin County; 5th Court of Appeals District (05-13-00990-CV, ___ SW3d ___, 01-14-15)
 
15-0131
FOREX CAPITAL MARKETS, LLC v. KELLY M. CRAWFORD, RECEIVER; from Collin County; 5th Court of Appeals District (05-14-00341-CV, ___ SW3d ___, 12-31-14)
 
15-0224
WILLIAM CULLEN CHAMPION v. MARILYN ESTLOW; from Travis County; 3rd Court of Appeals District (03-14-00016-CV, 456 SW3d 363, 02-04-15)
 
15-0300
KITTEN FAMILY LIVING TRUST v. SOUTH PLAINS LAMESA RAILROAD, LTD. & LARRY DALE WISENER; from Lubbock County; 7th Court of Appeals District (07-13-00241-CV, ___ SW3d ___, 03-03-15)
 
15-0357
DALLAS HOUSING AUTHORITY v. KIMBERLY NELSON; from Dallas County; 5th Court of Appeals District (05-13-00818-CV, ___ SW3d ___, 03-19-15)
 
15-0381
CARDELL DAVIS A/K/A CORDELL DAVIS v. ONEWEST BANK N.A. F/K/A ONEWEST BANK FSB AND FEDERAL NATIONAL MORTGAGE ASSOCIATION AND VALARIE BERRY; from Tarrant County; 2nd Court of Appeals District (02-14-00264-CV, ___ SW3d ___, 04-09-15)
 
15-0423
JOE MURPHY, YORAM BEN-AMRAM, AND GALATEX DEVELOPMENT, LLC v. THE CITY OF GALVESTON, TEXAS; from Galveston County; 14th Court of Appeals District (14-14-00222-CV, ___ SW3d ___, 01-13-15)
 
15-0446
SCOTT ROTHENBERG v. ROBERT PRIMO; from Harris County; 14th Court of Appeals District (14-13-00794-CV, ___ SW3d ___, 06-18-15)
 
2 petitions
as redrafted
respondent's motion for sanctions denied
 
15-0479
ERIC DRAKE v. TRAVELERS INDEMNITY COMPANY, ET AL.; from Dallas County; 5th Court of Appeals District (05-13-00871-CV, ___ SW3d ___, 05-08-15)
 
petitioner's motion to amend denied
petitioner's motion to transfer denied
 
15-0542
WILLIAM AND PATRICIA COLLINS v. DR. OLIVER WILLIAMS; from Gillespie County; 4th Court of Appeals District (04-14-00491-CV, ___ SW3d ___, 05-06-15)
 
15-0559
ALMA L. GOMEZ AND ALBERTO F. GOMEZ, INDIVIDUALLY AND AS NEXT FRIEND OF JORGE ELIAS GOMEZ, A DECEASED MINOR AND ON BEHALF OF THE ESTATE OF JORGE ELIAS GOMEZ, A DECEASED MINOR, AND YOLANDA MEDELLIN, INDIVIDUALLY AND AS NEXT FRIEND OF JESUS MEDELLIN v. AMERICAN HONDA MOTOR CO., INC.; from Maverick County; 4th Court of Appeals District (04-14-00398-CV, ___ SW3d ___, 04-22-15)
 
15-0618
SHAWN IBRAHIM, INC., MAHMOOD AKHTAR, AND MUHAMMAD AMIN v. SUNCOAST ENVIRONMENTAL & CONSTRUCTION, INC., SUNNYLAND DEVELOPMENT, INC., AJAZ R. SIDDIQUI, AND NAJEEB R. SIDDIQUI; from Harris County; 1st Court of Appeals District (01-14-00583-CV, ___ SW3d ___, 07-02-15)
 
15-0634
RICHARD A. RODRIGUEZ v. JPMORGAN CHASE BANK, N.A.; from Bexar County; 4th Court of Appeals District (04-14-00342-CV, ___ SW3d ___, 06-17-15)
 
15-0693
STEFAN KONASIEWICZ, M.D. v. DARLENE GARZA; from Nueces County; 13th Court of Appeals District (13-15-00058-CV, ___ SW3d ___, 07-30-15)
 
15-0694
STEFAN KONASIEWICZ, M.D. v. JUAN GARZA; from Nueces County; 13th Court of Appeals District (13-15-00060-CV, ___ SW3d ___, 07-30-15)
 
15-0695
STEFAN KONASIEWICZ, M.D. v. PEDRO LOMAS; from Nueces County; 13th Court of Appeals District (13-15-00062-CV, ___ SW3d ___, 07-30-15)
 
15-0699
JEANNE COOK v. WARREN F. NEELY, M.D.; from Bexar County; 4th Court of Appeals District (04-14-00518-CV, ___ SW3d ___, 07-29-15)
 
15-0782
IN THE INTEREST OF J.W., A CHILD; from Dallas County; 5th Court of Appeals District (05-15-00493-CV, ___ SW3d ___, 08-27-15)
THE ABATEMENT ORDER IS EXTENDED IN THE FOLLOWING PETITION FOR REVIEW:
15-0012
DOWNSTREAM ENVIRONMENTAL, LLC v. THE CITY OF HOUSTON; from Harris County; 1st Court of Appeals District (01-13-01015-CV, ___ SW3d ___, 10-30-14)
 
agreed motion to continue abatement granted
abatement order issued
 
[Note: The Court's extended abatement order of September 18, 2015 expired by its own terms on November 16, 2015. The abatement is extended until December 15, 2015, by which time the parties must file either a status report or a motion to dismiss.]
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
14-1085
MACKIE WOLF ZIENTZ & MANN, P.C. v. LUIS A. SANTIAGO AND LINDA A. SANTIAGO; from Collin County; 5th Court of Appeals District (05-13-00620-CV, ___ SW3d ___, 08-19-14)
 
15-0116
VELOCITY DATABANK, INC. AND TOM PELATARI D/B/A VELOCITY DATABANK, INC. v. SHELL OFFSHORE, INC., SHELL OIL COMPANY, SHELL EXPLORATION & PRODUCTION COMPANY, AND FAYE SHUBERT; from Harris County; 1st Court of Appeals District (01-13-00454-CV, 456 SW3d 605, 12-30-14)
 
15-0235
DAVID ALBERT D/B/A DAVID ALBERT OIL & GAS AND ABX OIL & GAS, INC. v. DUNLAP EXPLORATION, INC.; from Palo Pinto County; 11th Court of Appeals District (11-12-00064-CV, 457 SW3d 554, 02-12-15)
 
15-0454
CHRISTOPHER BRUNING v. KYLE LANE HOLLOWELL, ET AL.; from Dallas County; 5th Court of Appeals District (05-13-01033-CV, ___ SW3d ___ , 03-23-15)
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
15-0561
IN RE TERFAM FAMILY, LTD., AND LAMBERT QUARTEY; from Hidalgo County; 13th Court of Appeals District (13-15-00234-CV, ___ SW3d ___, 06-29-15)
 
15-0572
IN RE THERESA BARNETT; from Dallas County; 5th Court of Appeals District (05-14-00859-CV, ___ SW3d ___, 10-28-14)
 
15-0740
IN RE HONORABLE JEANINE HOWARD, PRESIDING JUDGE OF CRIMINAL DISTRICT COURT NO. 6 OF DALLAS COUNTY, TEXAS
MISCELLANEOUS
THE MOTION IN THE FOLLOWING CASE IS DISMISSED AS MOOT:
15-0775
CHARLES O. "CHUCK" GRIGSON v. FARMERS GROUP, INC., ET AL.; from Travis County; 3rd Court of Appeals District (03-15-00436-CV, ___ SW3d ___, 08-24-15)
 
motion to disqualify or recuse dismissed as moot, Justice Willett and Justice Boyd having voluntarily recused
 
(Justice Willett and Justice Boyd not sitting)
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
15-0128
IN RE FOREX CAPITAL MARKETS, LLC.; from Collin County; 5th Court of Appeals District (05-14-00341-CV, ___ SW3d ___, 12-31-14)
 
15-0394
IN RE RONALD G. HOLE AND CHERYL D. HOLE; from Nueces County; 13th Court of Appeals District (13-15-00162-CV, ___ SW3d ___, 04-29-15)
 
15-0757
IN RE JACK YETIV; from Harris County; 14th Court of Appeals District (14-15-00574-CV)