Supreme Court

September 28, 2018 

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Texas State Seal
THE SUPREME COURT OF TEXAS
Orders Pronounced September 28, 2018
 
ORDERS ON CAUSES
THE FOLLOWING MOTION TO PARTICIPATE IN ORAL ARGUMENT IS GRANTED:
17-0588
ERIC D. HILLMAN v. NUECES COUNTY, TEXAS AND NUECES COUNTY DISTRICT ATTORNEY’S OFFICE; from Nueces County; 13th Court of Appeals District (13-16-00012-CV, ___ SW3d ___, 06-08-17)
 
unopposed motion for leave for amicus curiae to share argument granted
 
Time allotted to argue: 20/15/5 minutes
THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:
15-0155
ENDEAVOR ENERGY RESOURCES, L.P. AND ENDEAVOR PETROLEUM, L.L.C. v. DISCOVERY OPERATING, INC. AND PATRIOT ROYALTY AND LAND, L.L.C.; from Martin County; 11th Court of Appeals District (11-12-00322-CV, 448 SW3d 169, 10-23-14)
 
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)
 
(Justice Guzman not sitting)
 
15-0935
XOG OPERATING, LLC AND GERONIMO HOLDING CORPORATION v. CHESAPEAKE EXPLORATION LIMITED PARTNERSHIP AND CHESAPEAKE EXPLORATION, L.L.C.; from Wheeler County; 7th Court of Appeals District (07-13-00439-CV, 480 SW3d 22, 09-02-15)
 
16-0098
THE DALLAS MORNING NEWS, INC. AND STEVE BLOW v. JOHN TATUM AND MARY ANN TATUM; from Dallas County; 5th Court of Appeals District (05-14-01017-CV, 493 SW3d 646, 12-30-15)
 
16-0125
DEBRA C. GUNN, M.D., OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES, P.A., AND OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES P.L.L.C. v. ANDRE MCCOY, AS PERMANENT GUARDIAN OF SHANNON MILES MCCOY, AN INCAPACITATED PERSON; from Harris County; 14th Court of Appeals District (14-14-00112-CV, 489 SW3d 75, 03-24-16)
 
(Justice Guzman not sitting)
 
16-0519
HONORS ACADEMY, INC., D/B/A HONORS ACADEMY AND AMERICAN YOUTHWORKS, INC., D/B/A AMERICAN YOUTHWORKS CHARTER SCHOOL v. TEXAS EDUCATION AGENCY AND MICHAEL MORATH, IN HIS OFFICIAL CAPACITY AS TEXAS COMMISSIONER OF EDUCATION; from Travis County; 3rd Court of Appeals District (03-14-00283-CV, 496 SW3d 244, 06-10-16)
 
(Justice Blacklock not sitting)
 
16-0588
ALBERT LUJAN D/B/A TEXAS WHOLESALE FLOWER CO. v. NAVISTAR, INC., NAVISTAR INTERNATIONAL CORPORATION, NAVISTAR INTERNATIONAL TRANSPORTATION CORP., INTERNATIONAL TRUCK AND ENGINE CORPORATION AND SANTEX TRUCK CENTERS, LTD.; from Harris County; 14th Court of Appeals District (14-14-00345-CV, 503 SW3d 424, 06-23-16)
 
16-0626
WILLACY COUNTY APPRAISAL DISTRICT v. SEBASTIAN COTTON & GRAIN, LTD.; from Willacy County; 13th Court of Appeals District (13-14-00574-CV, 492 SW3d 824, 04-28-16)
 
 
17-0140
SKY VIEW AT LAS PALMAS, LLC AND ILAN ISRAELY v. ROMAN GERONIMO MARTINEZ MENDEZ AND SAN JACINTO TITLE SERVICES OF RIO GRANDE VALLEY, LLC; from Hidalgo County; 13th Court of Appeals District (13-15-00019-CV, 548 SW3d 18, 01-19-17)
 
 
17-0146
BOSQUE DISPOSAL SYSTEMS, LLC, AGNUS SWD SERVICES, L.P., GORDON SWD SERVICES, L.P., AND BOB PHILLIPS D/B/A PHILLIPS WATER HAULING v. PARKER COUNTY APPRAISAL DISTRICT; from Parker County; 2nd Court of Appeals District (02-15-00343-CV, 506 SW3d 665, 12-01-16)
ORDERS ON CASES GRANTED
THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
17-0498
CHRISTOPHER MEDINA v. JENNIFER L. ZUNIGA; from Bexar County; 4th Court of Appeals District (04-14-00360-CV, ___ SW3d ___, 05-24-17)
 
[Note: This case has been set for oral argument at 9:00 a.m., December 4, 2018.]
Time allotted to argue: 20/20 minutes
 
17-0501
TEXAS MUTUAL INSURANCE COMPANY v. BERTILA CHICAS, INDIVIDUALLY AND AS BENEFICIARY OF SANTIAGO CHICAS, DECEASED; from Harris County; 1st Court of Appeals District (01-16-00226-CV, 522 SW3d 67, 05-16-17)
 
[Note: This case has been set for oral argument at 9:00 a.m., January 22, 2019.]
Time allotted to argue: 20/20 minutes
 
18-0059
DALLAS/FORT WORTH INTERNATIONAL AIRPORT BOARD v. VIZANT TECHNOLOGIES, LLC; from Dallas County; 5th Court of Appeals District (05-17-00090-CV, ___ SW3d ___, 12-15-17)
 
[Note: This case has been set for oral argument at 9:00 a.m., January 22, 2019.]
Time allotted to argue: 20/20 minutes
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
17-0414
CBIF LIMITED PARTNERSHIP, COLUMBIA AIRPORT, LLC, AND STEVE FLORY v. TGI FRIDAY'S INC., LBD CORPORATION, TGIF/DFW PARTNER, LLC, TGIF/DFW MANAGER, LLC, TGIF/DFW TERMINAL A RESTAURANT, DOMAIN ENTERPRISES, INC., TGIF/DFW RESTAURANT JOINT VENTURE, LOUIS STURNS, NORMA ROBY, ERMA JOHNSON HADLEY, RSH CONCESSIONS, LLC, ET AL.; from Dallas County; 5th Court of Appeals District (05-15-00157-CV, ___ SW3d ___, 04-21-17)
 
4 petitions
 
17-0417
CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC v. ELIDIA CURA-CRUZ, JORGE GARCIA, HOWARD E. COLEMAN, INDIVIDUALLY AND D/B/A COLEMAN CONVERSIONS, COLEMAN UPHOLSTERY, INC., C&D CAR CONNECTION, INC., AND WALTON GAW; from Harris County; 14th Court of Appeals District (14-15-00632-CV, 522 SW3d 565, 02-16-17)
 
17-0458
IN THE INTEREST OF A.E., A MINOR CHILD; from Montgomery County; 9th Court of Appeals District (09-16-00019-CV, ___ SW3d ___, 09-15-16)
 
17-0525
STOP THE ORDINANCES PLEASE, ET AL. v. CITY OF NEW BRAUNFELS, TEXAS; from Comal County; 3rd Court of Appeals District (03-14-00198-CV, 520 SW3d 208, 05-18-17)
 
17-0612
CHARLES ROBERT GAUGER v. MARJORIE TIDWELL GAUGER; from Shackelford County; 11th Court of Appeals District (11-15-00245-CV, ___ SW3d ___, 06-15-17)
 
Justice Johnson, joined by Justice Lehrmann, dissenting from the denial of the petition for review.
 
17-0701
HARLETON OIL & GAS, INC. v. WAYNE E. FREEMAN, ET AL.; from Harrison County; 6th Court of Appeals District (06-16-00034-CV, 528 SW3d 708, 07-07-17)
 
(Justice Guzman not sitting)
 
17-0728
IN THE ESTATE OF CARLOS AGUILAR, DECEASED; from Webb County; 4th Court of Appeals District (04-15-00688-CV, ___ SW3d ___, 04-05-17)
 
17-0816
RAYMAX MANAGEMENT, L.P. v. SBC TOWER HOLDINGS LLC; from Tarrant County; 2nd Court of Appeals District (02-16-00013-CV, ___ SW3d ___, 08-31-17)
 
17-0881
ELIZABETH H. GREEN, FRANK F. HENDERSON, JR., WELDON W. DIETZE, JOHN F. DIETZE, JR., CAROLINE D. BRADFORD, CHRISTIN N. DIETZE, & ALEXIS E. DIETZE v. PAT A. BOOTHE, STERLING PRICE BOOTHE & MICHAEL GEORGE MALONE; from De Witt County; 13th Court of Appeals District (13-15-00267-CV, 534 SW3d 93, 06-22-17)
 
17-0936
IN THE MATTER OF APPROXIMATELY $80,600.00; from Harris County; 1st Court of Appeals District (01-14-00424-CV, 537 SW3d 207, 10-03-17)
 
17-0943
IN THE MATTER OF APPROXIMATELY $80,600.00; from Harris County; 1st Court of Appeals District (01-15-00874-CV, 537 SW3d 207, 10-03-17)
 
17-1009
BARBARA FAIRCLOTH, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF HEATHER MARIE INCE AND SHANNON INCE, INDIVIDUALLY AND AS PARENT AND NEXT FRIEND OF K.I., K.R.I., AND D.I., MINORS v. BORDERLANDS, A SOUTHWEST GRILL, INC. D/B/A LYTLE LAND & CATTLE COMPANY; from Taylor County; 11th Court of Appeals District (11-14-00239-CV, ___ SW3d ___, 08-31-17)
 
17-1025
WAYNE CORRELL v. MICHELLE HARTMAN; from Harris County; 1st Court of Appeals District (01-15-00415-CV, ___ SW3d ___, 09-07-17)
 
17-1029
MELINDA BALLI v. CITY OF EDINBURG; from Hidalgo County; 13th Court of Appeals District (13-17-00183-CV, ___ SW3d ___, 11-09-17)
 
17-1045
DAVID TODD BURKE v. THE STATE OF TEXAS; from Jefferson County; 9th Court of Appeals District (09-16-00091-CV, ___ SW3d ___, 11-09-17)
 
18-0097
ESTATE LAND COMPANY, AARON WIESE AND KAMAL BANNAN (BANANI) v. ANTHONY WIESE; from Harris County; 14th Court of Appeals District (14-16-00040-CV, 546 SW3d 322, 12-21-17)
 
18-0259
CITY OF HOUSTON v. FRANK NICOLAI AND DEBORA NICOLAI AS PARENTS OF CAROLINE NICOLAI, DECEASED; from Harris County; 1st Court of Appeals District (01-16-00184-CV, 539 SW3d 378, 08-24-17)
 
18-0294
ESTATE OF WILMER GIDDENS, DECEASED; from Bowie County; 6th Court of Appeals District (06-17-00077-CV, ___ SW3d ___, 02-09-18)
 
18-0331
HOUSING AUTHORITY OF THE CITY OF EL PASO v. BELTRAN ELECTRICAL CONTRACTORS, INC.; from El Paso County; 8th Court of Appeals District (08-16-00043-CV, 550 SW3d 707, 02-23-18)
 
18-0387
TED B. LYON, III, AND LYON PROPERTIES & CUSTOM HOMES, LLC D/B/A LYON CONSTRUCTION SERVICES v. BUILDING GALVESTON, INC. D/B/A BUILDING SOLUTION; from Galveston County; 1st Court of Appeals District (01-15-00664-CV, ___ SW3d ___, 10-12-17)
 
2 petitions
 
18-0388
KIRK MITCHELL v. BRIAN MITCHELL AND CLARK MITCHELL; from Comal County; 3rd Court of Appeals District (03-17-00318-CV, ___ SW3d ___, 02-16-18)
 
18-0402
THE CITY OF MCALLEN v. SAN JUANITA VIOLA ALDRETE; from Hidalgo County; 13th Court of Appeals District (13-16-00587-CV, ___ SW3d ___, 03-22-18)
 
18-0461
HAROLD A. RUMZEK v. BRYAN D. LUCCHESI; from Tarrant County; 8th Court of Appeals District (08-15-00067-CV, 543 SW3d 327, 11-15-17)
 
18-0495
NEAL RAUHAUSER v. JAMES MCGIBNEY AND VIAVIEW, INC.; from Tarrant County; 2nd Court of Appeals District (02-16-00244-CV, 549 SW3d 816, 04-19-18)
 
18-0573
THE TRAVIS LAW FIRM, P.C. F/K/A TRAVIS & HAMMOND, P.C. v. JEFFREY L. DOGGETT; from Harris County; 1st Court of Appeals District (01-17-00098-CV, ___ SW3d ___, 05-10-18)
 
18-0645
ROBERT ERIC BLAAUW AS RECEIVER FOR OCANA CORPORATION, N.V. AND ZALINCO CORPORATION, N.V. v. GABRIEL ALARCÓN VELAZQUEZ; from Harris County; 14th Court of Appeals District (14-16-00481-CV, 552 SW3d 354, 05-31-18)
 
18-0661
COLIN SHILLINGLAW v. BAYLOR UNIVERSITY; from McLennan County; 10th Court of Appeals District (10-17-00259-CV, ___ SW3d ___, 06-06-18)
 
18-0677
JASPER INDEPENDENT SCHOOL DISTRICT v. JACQUELINE MARTIN; from Jasper County; 9th Court of Appeals District (09-17-00195-CV, ___ SW3d ___, 06-14-18)
 
18-0690
IN THE INTEREST OF P.S.E. AND J.T.S., CHILDREN; from Harris County; 1st Court of Appeals District (01-17-00926-CV, ___ SW3d ___, 05-29-18)
 
18-0730
CHARLES E. THOMPSON, AS TRUSTEE OF THOMPSON-PHILP FAMILY TRUST v. TAEDA INVESTMENTS, LLC D/B/A TAEDA MANAGEMENT; from Shelby County; 12th Court of Appeals District (12-17-00195-CV, ___ SW3d ___, 06-29-18)
 
18-0732
IN THE INTEREST OF T.Y., A CHILD; from Dallas County; 5th Court of Appeals District (05-18-00287-CV, ___ SW3d ___, 06-25-18)
 
counsel's motion to withdraw granted
 
18-0767
AMERICAN PIPING INSPECTION, INC. AND SAMUEL D. ORBISON v. MA-TEX ROPE COMPANY, INC.; from Gregg County; 6th Court of Appeals District (06-17-00112-CV, 553 SW3d 17, 06-15-18)
ORDERS ON MOTIONS FOR REHEARING
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR REVIEW IS GRANTED:
17-0837
IN THE INTEREST OF C.S., G.M.S., J.C.S., J.S., AND R.S., CHILDREN; from Parmer County; 7th Court of Appeals District (07-17-00329-CV, ___ SW3d ___, 09-26-17)
 
denial of petition for review on April 6, 2018, withdrawn
petition reinstated
 
[Note: The petition for review remains pending before this Court.]
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
17-0468
RLJ II-C AUSTIN AIR, LP; RLJ II-C AUSTIN AIR LESSEE, LP; AND RLJ LODGING FUND II ACQUISITIONS, LLC v. ELNESS SWENSON GRAHAM ARCHITECTS, INC.; from Travis County; 3rd Court of Appeals District (03-14-00738-CV, 520 SW3d 145, 05-03-17)
 
17-0767
HUGO XAVIER DE LOS SANTOS v. COMMISSION FOR LAWYER DISCIPLINE; from Bexar County; 4th Court of Appeals District (04-16-00065-CV, 547 SW3d 640, 05-17-17)
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
17-1005
IN RE JOHN DOE, INDIVIDUALLY AND AS NEXT FRIEND FOR JOHN DOE, JR., A MINOR; from Dallas County; 5th Court of Appeals District (05-17-00493-CV, ___ SW3d ___, 10-11-17)
 
stay order issued July 13, 2018, lifted
 
18-0648
IN RE AMANDA BAILEY; from Harris County; 14th Court of Appeals District (14-18-00352-CV, ___ SW3d ___, 05-31-18)
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
18-0023
IN RE CHARLES MICHAEL GLAZE; from Montgomery County; 9th Court of Appeals District (09-17-00423-CV, ___ SW3d ___, 12-14-17)
 
18-0104
IN RE KEITH AND SERENA TINKER; from Brazos County; 10th Court of Appeals District (10-17-00194-CV, 549 SW3d 747, 12-13-17)
 
18-0154
IN RE JOHNATHAN WOMACK AND GENA TAYLOR-WAGNER; from Brazos County; 10th Court of Appeals District (10-17-00336-CV, 549 SW3d 760, 12-27-17)
 
18-0480
IN RE JONES LANG LASALLE-TEXAS. INC.; from Harris County; 1st Court of Appeals District (01-16-00564-CV, ___ SW3d ___, 09-19-17)
 
18-0540
IN RE THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS; from Dallas County; 5th Court of Appeals District (05-18-00086-CV, ___ SW3d ___, 04-10-18)
 
motion for stay denied
 
18-0727
IN RE KIRK JOHN NORTHUP
 
18-0780
IN RE CHARLES WOMBA HOLMES; from Brazos County; 10th Court of Appeals District (10-11-00309-CR, ___ SW3d ___, 10-25-12)
 
18-0890
IN RE GORE FAMILY LIMITED PARTNERSHIP; from Brazoria County; 14th Court of Appeals District (14-18-00761-CV, ___ SW3d ___, 09-13-18)
 
motion to stay denied
 
18-0909
IN RE STEVE PAUL LAFREDO; from Dallas County; 5th Court of Appeals District (05-18-01034-CV, ___ SW3d ___, 09-24-18)
 
as supplemented
motion for emergency relief denied