Supreme Court

December 16, 2016 

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THE SUPREME COURT OF TEXAS
Orders Pronounced December 16, 2016
 
ORDERS ON CAUSES
THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:
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, 431 SW3d 656, 03-20-14)
 
15-0049
CROSSTEX NORTH TEXAS PIPELINE, L.P., N/K/A ENLINK NORTH TEXAS PIPELINE, LP v. ANDREW GARDINER AND SHANNON GARDINER; from Denton County; 2nd Court of Appeals District (02-12-00182-CV, 451 SW3d 150, 11-13-14)
 
2 rehearings
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
15-0666
WEBB COUNTY v. ADRIANA PEREZ; from Webb County; 4th Court of Appeals District (04-14-00275-CV, ___ SW3d ___, 06-03-15)
 
15-0677
LEE ANN WHEELBARGER, TERRI TIEDEMANN, DOREEN MARDERNESS, JERRY SAVOY, HOWARD JANSON, CARL ALAN KIVELA, JAMES HUSEMAN, BULL CAPITAL COMPANY, JAMES DURHAM, MARY LOU DURHAM, PATRICIA KOELLING, AND FRANK GENZER, JR. v. THE LANDING COUNCIL OF CO-OWNERS, WILLIAM HENSLEE, TOM JENKINS, TROY JONES, DAVID MARKS, BARNARD PEARL, THOMAS WALSH, STAN WILLIAMS, ANDREW ROSENBERG, JACK EREIRA, AND TIMOTHY PATAK; from Harris County; 1st Court of Appeals District (01-13-00619-CV, 471 SW3d 875, 07-30-15)
 
2 petitions
 
15-0845
TREELINE PARTNERS, LTD., A TEXAS LIMITED PARTNERSHIP, AND LAROCA PARTNERS H, LTD., A TEXAS LIMITED PARTNERSHIP v. THE STATE OF TEXAS; from Harris County; 14th Court of Appeals District (14-14-00462-CV, 476 SW3d 572, 08-27-15)
 
(Justice Johnson not sitting)
 
15-0947
THOMAS F. HALL AND THOMAS F. HALL, D.D.S., M.S., P.A. v. DEANA POLLARD SACKS; from Harris County; 1st Court of Appeals District (01-14-00301-CV, 481 SW3d 238, 10-27-15)
 
16-0104
MARCUS JOSEPH ROPER v. KATHERINE ELIZABETH JOLLIFFE; from Dallas County; 5th Court of Appeals District (05-14-00500-CV, 493 SW3d 624, 10-09-15)
 
16-0134
ALLWAYS AUTO GROUP, LTD. D/B/A ATASCOSA CHRYSLER DODGE JEEP RAM v. STEVEN WALTERS; from Live Oak County; 13th Court of Appeals District (13-15-00329-CV, 484 SW3d 219, 01-14-16)
 
16-0175
MATTHEW GOGGANS v. TONIA MARIE FORD; from Dallas County; 5th Court of Appeals District (05-14-01239-CV, ___ SW3d ___, 12-09-15)
 
16-0296
LUTHERAN SOCIAL SERVICES OF THE SOUTH, INC. v. WINNIE BLOUNT, INDIVIDUALLY AND AS NEXT FRIEND OF P.B., MINOR CHILD, AND JOHN BLOUNT, INDIVIDUALLY AND AS NEXT FRIEND OF P.B., MINOR CHILD; from Dallas County; 5th Court of Appeals District (05-15-00380-CV, ___ SW3d ___, 03-14-16)
 
(Justice Green not sitting)
 
16-0394
IN THE INTEREST OF K.O., A.O., AND O.O., CHILDREN; from Gregg County; 6th Court of Appeals District (06-15-00100-CV, 488 SW3d 829, 04-14-16)
 
16-0397
MARTHA KIGHT DUTCHER v. DUTCHER-PHIPPS CRANE & RIGGING, INC., KENNETH J. DUTCHER, INDIVIDUALLY AND IN HIS CAPACITY AS THE PRESIDENT OF DUTCHER-PHIPPS, AND ROBIN DUTCHER ERWIN, INDIVIDUALLY AND IN HER CAPACITY AS THE SECRETARY OF DUTCHER-PHIPPS; from Ward County; 8th Court of Appeals District (08-15-00202-CV, ___ SW3d ___, 04-13-16)
 
16-0440
LETICIA ZEPEDA VASQUEZ, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF JOSE ABRAHAM VASQUEZ, JR. v. LEGEND NATURAL GAS III, L.P., ET AL.; from La Salle County; 4th Court of Appeals District (04-14-00899-CV, 492 SW3d 448, 04-29-16)
 
16-0484
IN THE INTEREST OF B.B.J.; from Lubbock County; 7th Court of Appeals District (07-15-00291-CV, ___ SW3d ___, 04-15-16)
 
stay order issued September 16, 2016, lifted
 
16-0546
ALLSTATE COUNTY MUTUTAL INSURANCE v. BOBBY WOOTTON AND MARY WOOTTON D/B/A M. WOOTTON CONSTRUCTION; from Fort Bend County; 14th Court of Appeals District (14-14-00657-CV, 494 SW3d 825, 03-29-16)
 
as corrected
 
16-0591
IRMA K. ORTEGA, A/N/F OF A.G.T., A MINOR v. PHAN-TRAN PROPERTY MANAGEMENT, LLC, MINH PHAN AND MISTY TRAN; from Harris County; 1st Court of Appeals District (01-15-00676-CV, ___ SW3d ___, 06-09-16)
 
16-0601
SUSTAINABLE TEXAS OYSTER RESOURCE MANAGEMENT, L.L.C. v. HANNAH REEF, INC., SHRIMPS R US, INC., IVO SLABIC AND MICHAEL IVIC; from Galveston County; 1st Court of Appeals District (01-15-01026-CV, 491 SW3d 96, 05-31-16)
 
stay order issued October 7, 2016, lifted
 
16-0613
MATTHEW GOGGANS v. TONIA MARIE FORD; from Dallas County; 5th Court of Appeals District (05-15-00052-CV, ___ SW3d ___, 05-11-16)
 
16-0638
IN RE COMMITMENT OF ISRAEL ESCOBAR; from Montgomery County; 9th Court of Appeals District (09-16-00231-CV, ___ SW3d ___, 07-28-16)
 
16-0655
GARRY L. ROLLINS AND CARLA D. ROLLINS v. TEXAS COLLEGE AND MPF INVESTMENTS, LLC D/B/A "A-1 RENT ALL"; from Smith County; 12th Court of Appeals District (12-15-00121-CV, ___ SW3d ___, 07-12-16)
 
16-0659
JETALL COMPANIES, INC. v. DON ABBOTT HOLMES AND GAYLE EISER HOLMES; from Harris County; 1st Court of Appeals District (01-15-00326-CV, ___ SW3d ___, 07-07-16)
 
16-0687
WALTER B. SANER v. BRIDGETEX PIPELINE COMPANY, LLC; from Comanche County; 11th Court of Appeals District (11-14-00199-CV, ___ SW3d ___, 07-21-16)
 
16-0692
IN THE ESTATE OF WILLIAM THOMAS BOOTH; from Bexar County; 4th Court of Appeals District (04-14-00897-CV, ___ SW3d ___, 07-06-16)
 
16-0693
PETRA LARA v. CITY OF HEMPSTEAD, TEXAS; from Harris County; 1st Court of Appeals District (01-15-00987-CV, ___ SW3d ___, 07-21-16)
 
16-0739
DARRELL J. HARPER v. THE STATE OF TEXAS; from Travis County; 3rd Court of Appeals District (03-15-00405-CV, ___ SW3d ___, 08-30-16)
 
motion for judgment by default dismissed as moot
 
16-0755
RAYMAX MANAGEMENT, L.P. v. AMERICAN TOWER CORPORATION, AMERICAN TOWER ASSET SUB II AND METRO PCS TEXAS LLC; from Tarrant County; 2nd Court of Appeals District (02-15-00298-CV, ___ SW3d ___, 08-11-16)
 
16-0769
KRYSTLE ULATOSKI v. MICHAEL WARREN; from Bell County; 3rd Court of Appeals District (03-15-00380-CV, ___ SW3d ___, 08-11-16)
 
16-0785
REALTY AUSTIN, LLC AND MATTHEW DITLOW v. MICHAEL G. MCCARTHY, INDIVIDUALLY AND AS TRUSTEE OF THE MCCARTHY M G LIVING TRUST; from Travis County; 7th Court of Appeals District (07-15-00408-CV, ___ SW3d ___, 08-19-16)
 
16-0811
MEENA BANSAL INDIVIDUALLY AND AS REPRESENTATIVE OF ESTATE OF MUNISH BANSAL, DECEASED AND VIRINDER BANSAL v. THE UNIVERSITY OF TEXAS M.D. ANDERSON CANCER CENTER; from Harris County; 14th Court of Appeals District (14-15-00986-CV, ___ SW3d ___, 10-10-16)
 
16-0816
MARIA DOLORES MONTEMAYOR GARCIA AS REPRESENTATIVE FOR M.R. MONTEMAYOR ESTATE v. EQUITY TRUST COMPANY F/B/O EDMUND SZOL NO. 057685, MARTIN RODRIGUEZ MORENO AND MARIA DELOURDES PONCE RANGEL; from Lubbock County; 7th Court of Appeals District (07-16-00198-CV, ___ SW3d ___, 08-10-16)
 
16-0825
VAREL INTERNATIONAL INDUSTRIES L.P. AND VAREL EUROPE v. PETRODRILLBITS INTERNATIONAL, INC.; from Dallas County; 5th Court of Appeals District (05-14-01556-CV, ___ SW3d ___, 08-30-16)
 
16-0837
RUSSELL MCELVAIN v. ROBIN MCELVAIN; from Tarrant County; 2nd Court of Appeals District (02-16-00256-CV, ___ SW3d ___, 08-26-16)
 
16-0896
IN THE INTEREST OF A.R., J.A., A.F., A.A. & A.A., CHILDREN; from Ector County; 11th Court of Appeals District (11-16-00088-CV, ___ SW3d ___, 09-22-16)
 
motion to withdraw as appellate counsel granted
 
16-0904
IN THE INTEREST OF L.M., A CHILD; from Tarrant County; 2nd Court of Appeals District (02-16-00127-CV, ___ SW3d ___, 10-13-16)
 
16-0907
IN RE COMMITMENT OF JORGE ROLANDO GARZA; from Montgomery County; 9th Court of Appeals District (09-15-00268-CV, ___ SW3d ___, 08-25-16)
THE FOLLOWING PETITION FOR REVIEW IS DISMISSED:
15-0943
JUDITH ZAFFIRINI, DAVID H. ARREDONDO, AND CLARISSA N. CHAPA, ET AL. v. RAYMOND S. DELEON II, TRUSTEE OF THE DELFINA AND JOSEFINA ALEXANDER FAMILY TRUST, AND ROCIO GONZALEZ GUERRA, INDIVIDUALLY AND AS NEXT FRIEND OF V.G.G. III AND M.A.G.; from Webb County; 4th Court of Appeals District (04-14-00751-CV, ___ SW3d ___, 08-26-15)
 
as reinstated
unopposed motion to dismiss granted
THE FOLLOWING PETITIONS FOR REVIEW ARE DISMISSED FOR WANT OF JURISDICTION:
16-0708
FRANK SELIGER v. THE ETHIOPIAN CHRISTIAN; from Travis County; 3rd Court of Appeals District (03-14-00621-CV, ___ SW3d ___, 07-07-16)
 
See TEX. GOV’T CODE § 22.225(b)(1)
 
16-0729
TIMOTHY G. MARTIN AND ALL OTHER OCCUPANTS OF 608 MEADOW LANE, ALLEN, TEXAS 75002 v. FEDERAL NATIONAL MORTGAGE ASSOCIATION, A/K/A FANNIE MAE; from Collin County; 5th Court of Appeals District (05-15-00210-CV, ___ SW3d ___, 06-30-16)
 
See TEX. GOV’T CODE § 22.225(b)(1)
 
16-0741
SHERYL ELIZABETH STANDIFORD AND BLAINE MARTIN STANDIFORD v. CITIMORTGAGE, INC.; from Travis County; 3rd Court of Appeals District (03-15-00625-CV, ___ SW3d ___, 08-04-16)
 
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:
15-0368
RICHARD F. WALSH, MEDICA-RENTS CO., LTD, AND MED-RCO, INC. v. WOUNDKAIR CONCEPTS, INC., DAN ANDERSON, AND KIM ANDERSON; from Tarrant County; 2nd Court of Appeals District (02-14-00395-CV, ___ SW3d ___ , 04-02-15)
 
16-0235
RICKIE SIMS v. LIBERTY MUTUAL INSURANCE COMPANY; from Shelby County; 12th Court of Appeals District (12-14-00123-CV, ___ SW3d ___, 12-03-15)
 
16-0245
FRANCIS WILLIAMS MONTENEGRO AND LYNDA WILLIAMS v. WELLS FARGO BANK, N.A.; from Travis County; 3rd Court of Appeals District (03-13-00123-CV, ___ SW3d ___, 06-03-15)
 
(Justice Johnson not sitting)
 
16-0313
LONG ISLAND VILLAGE OWNERS ASSOCIATION, INC., ET AL. v. MAURICE O. BERRY; from Cameron County; 13th Court of Appeals District (13-14-00363-CV, ___ SW3d ___, 03-17-16)
 
16-0429
THE ESTATE OF ANNE HUFFHINES, DECEASED v. DATCU CREDIT UNION, MINOR & JESTER, P. C., AND JILL JESTER, INDIVIDUALLY; from Denton County; 2nd Court of Appeals District (02-15-00293-CV, ___ SW3d ___, 04-28-16)
 
16-0435
ALPHONSO CRUTCH LIFE SUPPORT CENTER, INC. v. MICHAEL L. WILLIAMS, COMMISSIONER OF EDUCATION IN HIS OFFICIAL CAPACITY; HOLLAND TIMMONS, DESIGNEE OF THE COMMISSIONER; AND THE TEXAS EDUCATION AGENCY; from Travis County; 3rd Court of Appeals District (03-13-00789-CV, ___ SW3d ___, 11-30-15)
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
16-0339
IN RE TEXAS ATTORNEY
 
16-0632
IN RE ELDOR BRISH; from Travis County; 3rd Court of Appeals District (03-16-00478-CV, ___ SW3d ___, 07-29-16)
 
16-0843
IN RE TRACY NIXON; from Dallas County; 5th Court of Appeals District (05-16-00845-CV, ___ SW3d ___, 09-01-16)
 
16-0885
IN RE LEROY STROMAN; from Harris County; 14th Court of Appeals District (14-16-00662-CV, ___ SW3d ___, 09-20-16)
 
16-0901
IN RE HJH ENERGY, INC. AND STEVE TURNQUIST; from Coleman County; 11th Court of Appeals District (11-16-00272-CV, ___ SW3d ___, 10-20-16)