Supreme Court

January 25, 2019 

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THE SUPREME COURT OF TEXAS
Orders Pronounced January 25, 2019
 
ORDERS ON CAUSES
16-1013
ANADARKO PETROLEUM CORPORATION AND ANADARKO E&P COMPANY, L.P. v. HOUSTON CASUALTY COMPANY, ET AL.; from Montgomery County; 9th Court of Appeals District (09-14-00459-CV, 552 SW3d 268, 11-17-16)
 
unopposed motions for judicial notice dismissed as moot
 
The Court reverses the court of appeals' judgment, renders judgment in part, and remands the case to the trial court.

Justice Boyd delivered the opinion of the Court.
17-0052
LAURA PRESSLEY v. GREGORIO (GREG) CASAR; from Travis County; 3rd Court of Appeals District (03-15-00368-CV, ___ SW3d ___, 12-23-16)
 
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 in part, renders in part, and dismisses the appeal as moot in part.

Per Curiam Opinion
View Electronic Briefs | Oral Argument N/A


~
consolidated with ~
17-0278
DAVID ROGERS v. GREGORIO (GREG) CASAR; from Travis County; 3rd Court of Appeals District (03-15-00505-CV, ___ SW3d ___, 12-23-16)
 
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 renders judgment.

Per Curiam Opinion
View Electronic Briefs | Oral Argument N/A

17-0328
TRACY WINDRUM, INDIVIDUALLY, AND ON BEHALF OF HER MINOR CHILDREN, B.W., J.W., AND H.W. v. VICTOR KAREH, M.D.; from Harris County; 1st Court of Appeals District (01-14-00179-CV, 518 SW3d 496, 03-16-17)
 
The Court reverses the court of appeals' judgment and remands the case to that court.

Justice Green delivered the opinion of the Court, joined by Chief Justice Hecht, Justice Guzman, Justice Lehrmann, Justice Boyd, Justice Devine, and Justice Blacklock, and in which Justice Brown joined as to Parts I-III.
17-0463
GLASSDOOR, INC., DOE 1, AND DOE 2 v. ANDRA GROUP, LP; from Dallas County; 5th Court of Appeals District (05-16-00189-CV, 560 SW3d 281, 03-24-17)
 
The Court vacates the judgments of the trial court and the court of appeals and dismisses the case for lack of jurisdiction.

Justice Lehrmann delivered the opinion of the Court.
17-1060
IN RE HOUSTON SPECIALTY INSURANCE COMPANY; from Harris County; 14th Court of Appeals District (14-17-00928-CV, ___ SW3d ___, 12-12-17)
 
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the writ of mandamus.

Per Curiam Opinion
View Electronic Briefs | Oral Argument N/A

THE FOLLOWING CAUSES ARE SET FOR SUBMISSION:
18-1022
MARK SILGUERO AND AMY WOLFE v. CSL PLASMA, INCORPORATED (U.S. 5th Circuit 17-41206)
 
[Note: This cause has been set for oral argument at 9:00 a.m., March 13, 2019.]
Time allotted to argue: 20/20 minutes
 
18-1099
JCB, INCORPORATED, DOING BUSINESS AS CONVEYING & POWER TRANSMISSION SOLUTIONS v. THE HORSBURGH & SCOTT COMPANY (U.S. 5th Circuit 17-51023)
 
[Note: This cause has been set for oral argument at 9:00 a.m., March 13, 2019.]
Time allotted to argue: 20/20 minutes
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
17-0970
OFFICE OF THE ATTORNEY GENERAL OF TEXAS v. LAURA G. RODRIGUEZ; from El Paso County; 8th Court of Appeals District (08-14-00054-CV, 535 SW3d 54, 10-16-17)
 
(Justice Blacklock not sitting)
 
18-0051
S&D BUILDERS, LLC; S&D DEVELOPMENT, LLC; LANGE CUSTOM BUILDERS, LLC; STEVEN M. LANGE; SUMMIT OAK HOMES, LLC; AND DAVID C. OESTREICH v. PATRICK PENCE AND JODEE PENCE; from Comal County; 7th Court of Appeals District (07-16-00005-CV, ___ SW3d ___, 12-11-17)
 
18-0213
EVELYN KELLY v. ST. LUKE COMMUNITY UNITED METHODIST CHURCH, HENRY MASTERS, IN HIS OFFICIAL AND INDIVIDUAL CAPACITY, AND BERNICE WASHINGTON, IN HER OFFICIAL AND INDIVIDUAL CAPACITY; from Dallas County; 5th Court of Appeals District (05-16-01171-CV, ___ SW3d ___, 02-01-18)
 
18-0219
SERVICE CORPORATION INTERNATIONAL AND SCI TEXAS FUNERAL SERVICES, INC., D/B/A BUENA VISTA BURIAL PARK AND D/B/A FUNERARIA DEL ANGEL BUENA VISTA v. MARIA RUIZ; from Cameron County; 13th Court of Appeals District (13-16-00699-CV, ___ SW3d ___, 01-25-18)
 
stay order issued May 15, 2018, lifted
 
18-0307
DALLAS COUNTY, TEXAS, DALLAS COUNTY SHERIFF’S DEPARTMENT CIVIL SERVICE COMMISSION, AND JUANITA H. NANEZ, STEVE HANNA AND DWAYNE BISHOP IN THEIR OFFICIAL CAPACITIES AS MEMBERS OF THE DALLAS COUNTY SHERIFF’S DEPARTMENT CIVIL SERVICE COMMISSION v. RODNEY BAILEY; from Dallas County; 5th Court of Appeals District (05-16-00789-CV, ___ SW3d ___, 12-21-17)
 
18-0315
TERRY BOWMAN, INDIVIDUALLY, AND CLIFFORD GORE, INDIVIDUALLY AND D/B/A CODE J. TRANSPORT v. MADISON SINGLETON; from Bowie County; 6th Court of Appeals District (06-17-00082-CV, 557 SW3d 711, 02-23-18)
 
18-0442
RONALD WILLIAMS v. METROPOLITAN TRANSIT AUTHORITY OF HARRIS COUNTY; from Harris County; 1st Court of Appeals District (01-17-00724-CV, ___ SW3d ___, 01-25-18)
 
18-0487
JORGE C. ZAMORA-QUEZADA, M.D. v. AMALIA MENDOZA; from Hidalgo County; 13th Court of Appeals District (13-17-00302-CV, ___ SW3d ___, 04-12-18)
 
18-0490
THOMAS A. WILDER, DISTRICT CLERK v. BETTYE LASHANE MERRITT; from Tarrant County; 2nd Court of Appeals District (02-16-00477-CV, ___ SW3d ___, 11-16-17)
 
18-0497
LORI ELISE COOPER v. MICHAEL E. TRENT; from Harris County; 14th Court of Appeals District (14-17-00017-CV, 551 SW3d 325, 05-01-18)
 
18-0584
FEDERICO VARGAS CABANAS v. DISCOUNT TIRE COMPANY OF TEXAS, INC.; from Atascosa County; 4th Court of Appeals District (04-17-00276-CV, 553 SW3d 566, 05-16-18)
 
18-0610
BERRY CONTRACTING, L.P., D/B/A BAY, LTD. AND JUAN TOMAS ALVAREZ v. GERNAL RANDOLPH "RANDY" MANN AND JENNIFER MANN; from Nueces County; 13th Court of Appeals District (13-17-00063-CV, 549 SW3d 314, 04-26-18)
 
18-0689
ROBERT J. BERTRAND, II, LINDA RICHARD, DEIRDRE BROWN, MICHAEL STACEY, JILL HORN AND PAUL HORN v. KEVIN HOLLAND, MAYOR OF THE CITY OF FRIENDSWOOD, THE CITY OF FRIENDSWOOD, TEXAS, CARL W. GUSTAFSON AND MICHAEL FOREMEN; from Harris County; 1st Court of Appeals District (01-16-00946-CV, ___ SW3d ___, 04-10-18)
 
18-0692
IN THE INTEREST OF R.M.P. AND J.A.P., JR., CHILDREN; from Bexar County; 4th Court of Appeals District (04-17-00666-CV, ___ SW3d ___, 06-13-18)
 
18-0701
IN THE ESTATE OF AMINITA PEREZ-MUZZA, DECEASED; from Webb County; 4th Court of Appeals District (04-16-00755-CV, ___ SW3d ___, 05-16-18)
 
18-0713
JUAN A. MARTIN-DE-NICOLAS v. AAA TEXAS COUNTY MUTUAL INSURANCE COMPANY; from Travis County; 3rd Court of Appeals District (03-17-00054-CV, ___ SW3d ___, 04-19-18)
 
as redrafted
 
18-0725
THE TRAVELERS INDEMNITY COMPANY OF CONNECTICUT v. BILLY THOMPSON; from Dallas County; 5th Court of Appeals District (05-16-00816-CV, ___ SW3d ___, 01-24-18)
 
18-0775
LILIAN GARRICK v. AUTOLIV ASP, INC., AUTOLIV SAFETY TECHNOLOGY, INC., KIA MOTORS AMERICA, INC., AND KIA MOTORS CORPORATION; from Fort Bend County; 14th Court of Appeals District (14-17-00818-CV, ___ SW3d ___, 07-12-18)
 
18-0830
IN THE ESTATE OF AMINTA PEREZ-MUZZA; from Webb County; 4th Court of Appeals District (04-17-00718-CV, ___ SW3d ___, 08-29-18)
 
18-0832
JASON O'CONNELL AND TOM O'CONNELL v. NORTHWEST CATTLE FEEDERS, LLC, RILEY LIVESTOCK, INC., AND JEFF COX; from Jack County; 2nd Court of Appeals District (02-17-00361-CV, 554 SW3d 711, 06-14-18)
 
18-0839
IN RE COMMITMENT OF EDGAR MANUEL BARRIENTOS; from Galveston County; 1st Court of Appeals District (01-17-00649-CV, ___ SW3d ___, 07-12-18)
 
18-0864
RICHARD SCOTT GLADDEN v. DENTON CENTRAL APPRAISAL DISTRICT; from Denton County; 2nd Court of Appeals District (02-17-00400-CV, 554 SW3d 749, 07-05-18)
 
18-0877
462 THOMAS FAMILY PROPERTIES, LP, 462 THOMAS FAMILY PROPERTIES MANAGEMENT, LLC, DONALD T. CONLON, ROBYN THOMAS CONLON, ET AL. v. ROBERT THOMAS, AS TRUSTEE OF THE ROBERT K. THOMAS TRUST, ET AL.; from Dallas County; 5th Court of Appeals District (05-16-01161-CV, 559 SW3d 634, 08-02-18)
 
18-0902
CABINETS BY MICHAEL, INC. AND MICHAEL WELLS v. JORGE CAMARILLO; from Tarrant County; 2nd Court of Appeals District (02-17-00154-CV, ___ SW3d ___, 06-28-18)
 
18-0938
JAE-HO SHIN v. AMERICAN BUREAU OF SHIPPING; from Harris County; 14th Court of Appeals District (14-17-00605-CV, ___ SW3d ___, 08-16-18)
 
motion for the clerk's record dismissed as moot, as supplemented
motion to supplement the record denied
 
18-0974
THE TRAVIS LAW FIRM, P.C. v. TERRI PORTER GARCIA; from Harris County; 1st Court of Appeals District (01-17-00203-CV, ___ SW3d ___, 08-23-18)
 
18-0975
THE TRAVIS LAW FIRM, P.C. v. ALLISON E. MARTIN; from Harris County; 1st Court of Appeals District (01-17-00206-CV, ___ SW3d ___, 08-23-18)
 
18-0976
JOSEPH COTROPIA, M.D. v. TEXAS MEDICAL BOARD AND IN HIS OFFICIAL CAPACITY ONLY, SHERIF ZAAFRAN, PRESIDENT OF THE TEXAS MEDICAL BOARD; from Travis County; 3rd Court of Appeals District (03-18-00232-CV, ___ SW3d ___, 08-28-18)
 
18-0981
GARY LYNN FOMBY v. DR. JAIME CLAVIJO AND MANOR CARE - SHARPVIEW OF HOUSTON, TEXAS, LLC; from Harris County; 1st Court of Appeals District (01-17-00120-CV, ___ SW3d ___, 04-30-18)
 
18-1031
KELLEY ANN O'SHEA v. KATHLEEN M. O'SHEA, INDIVIDUALLY AND AS CO-EXECUTOR OF THE ESTATE OF RITA O'SHEA, CO-TRUSTEE OF THE MARITAL DEDUCTION TRUST AND FAMILY TRUST OF JOHN J.C. O'SHEA, JR. AND MANAGER/DIRECTOR OF BREHON L C, ET AL.; from Lubbock County; 7th Court of Appeals District (07-16-00321-CV, ___ SW3d ___, 08-17-18)
 
18-1091
IN THE INTEREST OF A.S., H.C., AND B.H., CHILDREN; from Randall County; 7th Court of Appeals District (07-18-00155-CV, ___ SW3d ___, 09-05-18)
 
18-1110
CAROLE EHLERT BENTLEY, INDEPENDENT EXECUTRIX OF THE ESTATE OF LEIGH JOHN BENTLEY, SR. - DECEASED v. DUANE BENTLEY PECK, INDIVIDUALLY AND AS TRUSTEE OF THE STELLA KENNELLY BENTLEY FAMILY TRUST; from Fort Bend County; 14th Court of Appeals District (14-17-00561-CV, ___ SW3d ___, 10-09-18)
 
18-1136
IN THE INTEREST OF C.G., III A/K/A C.G., A CHILD; from Harris County; 14th Court of Appeals District (14-18-00412-CV, ___ SW3d ___, 10-02-18)
 
18-1152
IN THE INTEREST OF A.C., A CHILD; from Parker County; 2nd Court of Appeals District (02-18-00129-CV, ___ SW3d ___, 10-24-18)
 
18-1188
IN THE INTEREST OF J.D., A CHILD; from Hunt County; 6th Court of Appeals District (06-18-00045-CV, ___ SW3d ___, 11-02-18)
 
motion to withdraw as counsel granted
 
18-1190
CHARLES GLEN HYDE, HYDE-WAY, INC., AND TEXAS AIR CLASSICS, INC. v. ROBERT "BOBBY" HAWK; from Denton County; 7th Court of Appeals District (07-16-00357-CV, ___ SW3d ___, 07-11-18)
 
18-1199
IN THE INTEREST OF J.B.; from Bexar County; 4th Court of Appeals District (04-18-00521-CV, ___ SW3d ___, 11-21-18)
 
19-0032
IN THE INTEREST OF A.L., B.L., C.L. AND K.L., MINOR CHILDREN; from Randall County; 7th Court of Appeals District (07-18-00231-CV, ___ SW3d ___, 11-26-18)
 
2 petitions
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
17-0028
DEBORAH J. GREER, DIANA MACY, MARVIN GREER, JR. AND MAP2004, LLC, D/B/A MAP2004-OK v. GLEN DAVID SHOOK, ET AL.; from Reeves County; 8th Court of Appeals District (08-15-00040-CV, 503 SW3d 571, 10-19-16)
 
18-0362
JAMES L. RAY AND KYLE D. GIACCO v. MARIA ISABEL SERNA CONTRERAS; from Webb County; 4th Court of Appeals District (04-16-00636-CV, 547 SW3d 280, 03-21-18)
 
(Justice Lehrmann not sitting)
 
18-0365
ANDRE HUEY-YOU v. CLARETTE KIMP; from Tarrant County; 2nd Court of Appeals District (02-16-00172-CV, ___ SW3d ___, 01-11-18)
 
18-0726
RECILLIA JOHNSON AND ALL OTHER OCCUPANTS v. COMPASS BANK, AN ALABAMA BANKING CORPORATION, AUTHORIZED TO DO BUSINESS AS BBVA COMPASS; from Dallas County; 5th Court of Appeals District (05-17-00777-CV, ___ SW3d ___, 04-30-18)
 
18-0819
$6,451.27 U.S. CURRENCY v. THE STATE OF TEXAS; from Liberty County; 9th Court of Appeals District (09-18-00230-CV, ___ SW3d ___, 07-26-18)
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
18-0010
IN RE LANCE KIAN GRANMAYEH; from Harris County; 1st Court of Appeals District (01-17-00728-CV, ___ SW3d ___, 12-28-17)
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
18-0353
IN RE UNION INSURANCE COMPANY; from Nueces County; 13th Court of Appeals District (13-18-00164-CV, ___ SW3d ___, 04-13-18)
 
stay order issued April 24, 2018 lifted
 
18-0797
IN RE FOUR J’S COMMUNITY LIVING CENTER, INC. AND ANTHONIA UDUMA; from Harris County; 1st Court of Appeals District (01-15-00774-CV, 560 SW3d 309, 12-14-17)
 
18-0846
IN RE TRAVIS CENTRAL APPRAISAL DISTRICT; from Travis County; 3rd Court of Appeals District (03-17-00735-CV, 553 SW3d 679, 06-20-18)
 
19-0024
IN THE INTEREST OF M.D.B. III; from Jefferson County; 9th Court of Appeals District (09-18-00257-CV)
 
as redrafted
emergency motion for temporary relief denied
 
19-0054
IN RE GOLDEN CORRAL CORP., ZG GC AUSTIN, L.L.C., AND BIG RED DOG INC. D/B/A BIG RED DOG ENGINEERING AND CONSULTING; from Travis County; 3rd Court of Appeals District (03-18-00745-CV, ___ SW3d ___, 12-04-18)
 
relators' motion for emergency temporary relief denied
THE DECISION OF THE BOARD OF DISCIPLINARY APPEALS IN THE FOLLOWING APPEAL IS AFFIRMED:
18-0704
ERIC BLISS DARNELL v. COMMISSION FOR LAWYER DISCIPLINE (BODA Case No. 59880)