Supreme Court

March 10, 2017 

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THE SUPREME COURT OF TEXAS
Orders Pronounced March 10, 2017
 
ORDERS ON CASES GRANTED
THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
14-1057
JIM P. BENGE, MD AND KELSEY-SEYBOLD MEDICAL GROUP PLLC v. LAUREN WILLIAMS; from Harris County; 1st Court of Appeals District (01-12-00578-CV, 472 SW3d 684, 11-18-14)
 
2 petitions
 
[Note: The date and time for oral argument are yet to be determined.]
 
15-0683
EXLP LEASING LLC AND EES LEASING LLC v. GALVESTON CENTRAL APPRAISAL DISTRICT; from Galveston County; 14th Court of Appeals District (14-14-00268-CV, 475 SW3d 421, 08-25-15)
 
[Note: The date and time for oral argument are yet to be determined.]
 
15-0712
JPMORGAN CHASE BANK, N.A. v. ORCA ASSETS G.P., L.L.C.; from Dallas County; 5th Court of Appeals District (05-13-01700-CV, ___ SW3d ___, 08-11-15)
 
[Note: The date and time for oral argument are yet to be determined.]
 
15-0944
THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS v. C.W.H.; from Nacogdoches County; 12th Court of Appeals District (12-15-00062-CV, ___ SW3d ___, 09-16-15)
 
[Note: The date and time for oral argument are yet to be determined.]
 
16-0120
STEVEN PAINTER, ET AL. v. AMERIMEX DRILLING I, LTD.; from Pecos County; 8th Court of Appeals District (08-14-00134-CV, ___ SW3d ___, 11-03-15)
 
[Note: The date and time for oral argument are yet to be determined.]
 
16-0244
ALAMO HEIGHTS INDEPENDENT SCHOOL DISTRICT v. CATHERINE CLARK; from Bexar County; 4th Court of Appeals District (04-14-00746-CV, ___ SW3d ___, 10-21-15)
 
[Note: The date and time for oral argument are yet to be determined.]
 
16-0750
SMITH ENERGY COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF SMITH ENERGY RESOURCE OIL, LTD., A TEXAS PARTNERSHIP, AND ON BEHALF OF SMITH ENERGY PARTNERS I, LTD., A TEXAS LIMITED PARTNERSHIP v. MARK P. HARDWICK, INDIVIDUALLY AND D/B/A MARK P. HARDWICK OIL AND GAS PROPERTIES AND MARK P. HARDWICK, LLC; from Terry County; 7th Court of Appeals District (07-15-00083-CV, 500 SW3d 474, 06-27-16)
 
2 petitions
joint motion to grant petitions without reference to merits granted as follows:

Pursuant to Texas Rule of Appellate Procedure 56.3, without considering the merits, the Court grants the petition for reviews, vacates the judgments of the court of appeals and trial court, and remands the case to the trial court for rendition of judgment in accordance with the parties' settlement agreement.
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
15-0246
THE GENERAL LAND OFFICE OF THE STATE OF TEXAS, WESLEY WEST MINERALS, LTD. AND LONGFELLOW RANCH PARTNERS, LP v. SANDRIDGE ENERGY, INC. AND SANDRIDGE EXPLORATION AND PRODUCTION, LLC; from Pecos County; 8th Court of Appeals District (08-13-00145-CV, 454 SW3d 603, 11-19-14)
 
3 petitions
as reinstated
 
15-0664
TERESA CORRAL-LERMA v. BORDER DEMOLITION & ENVIRONMENTAL, INC., AS A CORPORATION, RAUL SOLIS, INDIVIDUALLY AND BONNIE SOLIS, INDIVIDUALLY; from El Paso County; 8th Court of Appeals District (08-11-00134-CV, 467 SW3d 109, 05-13-15)
 
2 petitions
 
15-0874
CITY OF JERSEY VILLAGE v. TEXAS TRANSPORT COMMISSION AND TED HOUGHTON, IN HIS OFFICIAL CAPACITY AS CHAIR OF THE TEXAS TRANSPORTATION COMMISSION; from Harris County; 14th Court of Appeals District (14-14-00823-CV, 478 SW3d 869, 10-15-15)
 
16-0047
SOFIA BORQUEZ, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF CRESENCIO BORQUEZ, MERCEDES BORQUEZ, INDIVIDUALLY, AND JOEL BORQUEZ, INDIVIDUALLY v. JPMORGAN CHASE BANK, N.A.; from Dallas County; 5th Court of Appeals District (05-14-00131-CV, 481 SW3d 255, 11-03-15)
 
16-0100
MAVERICK COUNTY AND CITY OF EAGLE PASS v. RAILROAD COMMISSION OF TEXAS; DOS REPUBLICAS COAL PARTNERSHIP; CAMINO REAL FUELS, LLC; AND NORTH AMERICAN COAL COMPANY; from Travis County; 3rd Court of Appeals District (03-14-00257-CV, ___ SW3d ___, 12-29-15)
 
3 petitions
 
16-0243
OXY USA, INC. v. JENNIFER JOHNSON; from Harris County; 14th Court of Appeals District (14-14-00831-CV, ___ SW3d ___, 01-07-16)
 
16-0330
THE CITY OF HOUSTON v. CAPTAIN EDWIN SCOTT HILBURN; AND KEN PAXTON, ATTORNEY GENERAL OF TEXAS; from Travis County; 7th Court of Appeals District (07-15-00158-CV, ___ SW3d ___, 01-21-16)
 
16-0350
IN RE ESTATE OF CHARLES JOSEPH KAM, DECEASED; from Dallas County; 8th Court of Appeals District (08-14-00016-CV, 484 SW3d 642, 02-29-16)
 
16-0581
BURNET CENTRAL APPRAISAL DISTRICT v. LOWER COLORADO RIVER AUTHORITY; from Burnet County; 3rd Court of Appeals District (03-15-00724-CV, 497 SW3d 117, 06-07-16)
 
16-0713
UNIQUE STAFF LEASING, LTD., SELF-INSURED v. KENLEY CATES AS BENEFICIARY OF KODY RYAN CATES, DECEASED; from Palo Pinto County; 11th Court of Appeals District (11-14-00309-CV, 500 SW3d 587, 07-29-16)
 
2 petitions
 
16-0720
ALLSTAR REFINISHING & COLLISION CENTER, INC. v. AURELIA VILLALOBOS AND NATIONWIDE INSURANCE COMPANY; from Midland County; 11th Court of Appeals District (11-14-00193-CV, ___ SW3d ___, 07-29-16)
 
16-0722
IN THE GUARDIANSHIP OF JOHN D. BURLEY, AN INCAPACITATED PERSON; from Harris County; 14th Court of Appeals District (14-14-00664-CV, 499 SW3d 196, 07-19-16)
 
16-0732
LINDA GREEN v. TEXAS DEPARTMENT OF INSURANCE-DIVISION OF WORKERS’ COMPENSATION; from Harris County; 1st Court of Appeals District (01-15-00321-CV, ___ SW3d ___, 05-10-16)
 
16-0753
PREMIER POOLS MANAGEMENT CORP. AND SHAN POOLS, INC. D/B/A PREMIER POOLS & SPAS v. PREMIER POOLS, INC.; from Dallas County; 5th Court of Appeals District (05-14-01388-CV, ___ SW3d ___, 08-12-16)
 
16-0790
PATRICK O'CONNOR & ASSOCIATES, L.P. v. CHESTER R. HALL; from Harris County; 1st Court of Appeals District (01-15-00661-CV, ___ SW3d ___, 08-23-16)
 
16-0797
HARRIS COUNTY FLOOD CONTROL DISTRICT v. H. BEN TAUB, KITCHCO REALTY, LTD., METCO REALTY, LTD. AND TEXAS LAND AND CATTLE II, LTD.; from Harris County; 14th Court of Appeals District (14-15-00077-CV, 502 SW3d 320, 08-25-16)
 
16-0831
410 CENTRE LLC, A FOREIGN LIMITED LIABILITY COMPANY AND JOHN B. URBAHNS, AN INDIVIDUAL v. LSREF2 COBALT (TX), LLC, A FOREIGN LIMITED LIABILITY COMPANY; from Bexar County; 4th Court of Appeals District (04-15-00633-CV, 501 SW3d 626, 07-06-16)
 
16-0899
HQZ PARTNERS, L.P., LANG AND COMPANY, LLC, JIM LANG, BRUCE COOK AND RAY WALTER v. ALAN D. GERTNER IRA, THROUGH ALAN GERTNER AS LEGAL REPRESENTATIVE; from Dallas County; 5th Court of Appeals District (05-15-00422-CV, ___ SW3d ___, 08-22-16)
 
2 petitions
 
16-0928
KENNETH W. ISAAC v. CONSTANCE BURNSIDE; from Harris County; 14th Court of Appeals District (14-16-00689-CV; 14-16-00728-CV, ___ SW3d ___, 10-04-16)
 
16-0944
INDEPENDENT BANK, F/K/A UNITED COMMUNTIY BANK, N.A. v. JOHN C. GANTER; from Dallas County; 5th Court of Appeals District (05-15-00413-CV, ___ SW3d ___, 08-16-16)
 
16-0972
IN THE INTEREST OF A.J.I.L. AND A.S.L., CHILDREN; from Harris County; 14th Court of Appeals District (14-16-00350-CV, ___ SW3d ___, 10-18-16)
 
16-0984
CHARLIE O. BURNETT III v. DRO IP, LTD.; from Nueces County; 13th Court of Appeals District (13-15-00488-CV, ___ SW3d ___, 09-01-16)
 
16-1004
JAN ROGERS FREEMAN, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF MICHAEL NEAL FREEMAN; JENNIFER PAIDE SCOGGINS, LAURIE LYNN CAVES AND ASHLEY MICHELLE KIRKLAND v. JI SPECIALTY SERVICES, INC., YORK RISK SERVICES GROUP, INC. AND DIANA MALDANADO; from Harrison County; 6th Court of Appeals District (06-15-00106-CV, 505 SW3d 14, 11-03-16)
 
16-1016
WILDFLOWER PRODUCTION COMPANY, INC. v. JANE FULLER JACKSON, A/K/A JANE FULLER MORRIS; from Wheeler County; 7th Court of Appeals District (07-15-00070-CV, 505 SW3d 80, 10-13-16)
 
16-1030
HAO T. DAO v. MARYLAND CASUALTY INSURANCE COMPANY AND CRAIG RAUSS; from Montgomery County; 9th Court of Appeals District (09-16-00349-CV, ___ SW3d ___, 10-20-16)
 
16-1037
IN THE MATTER OF THE MARRIAGE OF KERRY BRYON NOBLE AND GAYLA RENEE NOBLE; from Franklin County; 6th Court of Appeals District (06-16-00032-CV, ___ SW3d ___, 11-04-16)
 
17-0009
FLEMING & ASSOCIATES, L.L.P. N/K/A FLEMING, NOLEN & JEZ, L.L.P. AND GEORGE FLEMING v. CHARLES KIRKLIN, STEPHEN KIRKLIN, PAUL KIRKLIN AND THE KIRKLIN LAW FIRM, P.C.; from Harris County; 14th Court of Appeals District (14-16-00752-CV, ___ SW3d ___, 11-22-16)
 
17-0038
IN THE INTEREST OF T.R.H., CHILD; from Harris County; 1st Court of Appeals District (01-16-00450-CV, ___ SW3d ___, 11-22-16)
 
motion to withdraw as counsel granted
 
17-0079
IN THE ESTATE OF ROBERT S. KAM, DECEASED; from Dallas County; 5th Court of Appeals District (05-16-00126-CV, ___ SW3d ___, 12-29-16)
 
17-0083
IN THE INTEREST OF K.R.G AND K.W.G., CHILDREN; from Harris County; 1st Court of Appeals District (01-16-00537-CV, ___ SW3d ___, 12-15-16)
THE FOLLOWING PETITIONS FOR REVIEW ARE DISMISSED FOR WANT OF JURISDICTION:
16-0869
VOLNEY BRAND v. CHASE BANK USA, N.A. AND JP MORGAN CHASE N.A.; from Dallas County; 5th Court of Appeals District (05-15-00066-CV, ___ SW3d ___, 07-01-16)
 
as redrafted
 
See TEX. GOV’T CODE § 22.225(b)(1)
 
16-0954
MICHAEL MALDONADO AND MARY MALDONADO v. MARGO PROPERTIES, LLC; from Nueces County; 13th Court of Appeals District (13-15-00500-CV, ___ SW3d ___, 09-01-16)
 
See TEX. GOV’T CODE § 22.225(b)(1)
 
16-0985
PAUL E. COPELAND, JR. v. FEDERAL NATIONAL MORTGAGE ASSOCIATION, A/K/A FANNIE MAE; from Bastrop County; 3rd Court of Appeals District (03-16-00030-CV, ___ SW3d ___, 10-28-16)
 
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:
15-0780
BMT O & G TX, L.P., GOLIAD O & G TX, L.P., WD O & G TX, L.P., KEYSTONE O & G TX, L.P. AND THRU LINE O & G TX, L.P. v. CLAYTON WILLIAMS ENERGY, INC. AND CHESAPEAKE EXPLORATION, L.L.C.; from Reeves County; 8th Court of Appeals District (08-14-00133-CV, 473 SW3d 341, 07-08-15)
 
16-0299
BARBARA PINKUS v. HARTFORD CASUALTY INSURANCE COMPANY; from Collin County; 5th Court of Appeals District (05-14-00892-CV, 487 SW3d 616, 11-05-15)
 
16-0600
LONE STAR ENGINE INSTALLATION CENTER, INC. AND RAFAEL SANCHEZ v. BRENDA GONZALES AND GONZALO GONZALES; from Dallas County; 5th Court of Appeals District (05-14-01616-CV, ___ SW3d ___, 05-18-16)
 
16-0636
LINDA M. SMITH v. MARY DAVIS; from Harris County; 14th Court of Appeals District (14-15-00652-CV, ___ SW3d ___, 07-21-16)
 
16-0708
FRANK SELIGER v. THE ETHIOPIAN CHRISTIAN; from Travis County; 3rd Court of Appeals District (03-14-00621-CV, ___ SW3d ___, 07-07-16)
 
motion to amend petition denied
 
16-0808
ROMEO LONGORIA, ET AL. v. EXXON MOBIL CORPORATION, ET AL.; from Brooks County; 4th Court of Appeals District (04-15-00536-CV, ___ SW3d ___, 07-27-16)
 
as supplemented
 
(Justice Guzman and Justice Lehrmann not sitting)
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF INJUNCTION IS DENIED:
16-0979
IN RE TRACY NIXON; from Dallas County; 5th Court of Appeals District (05-16-00845-CV, ___ SW3d ___, 09-01-16)
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
16-0190
IN RE NATIONAL LLOYDS INSURANCE COMPANY; from Hidalgo County; 13th Court of Appeals District (13-15-00521-CV, ___ SW3d ___, 02-10-16)
 
16-0232
IN RE MORGAN SECURITY CONSULTING, LLC; from Kaufman County; 5th Court of Appeals District (05-16-00067-CV, ___ SW3d ___, 03-28-16)
 
motion for leave to supplement response dismissed as moot
stay issued June 16, 2016, lifted
 
16-0951
IN RE KENNETH MILO LITTLEBRAVE; from Ellis County
 
17-0021
IN THE GUARDIANSHIP OF CLARENCE LAMAR NORSWORTHY, AN INCAPACITATED PERSON; from Dallas County; 5th Court of Appeals District (05-16-01523-CV, ___ SW3d ___, 01-03-17)