|
THE SUPREME COURT OF TEXAS
|
|
Orders Pronounced April 3, 2020
|
| |
|
ORDERS ON CAUSES
|
|
17-0444
|
SUNSTATE EQUIPMENT CO., LLC v. GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS; AND KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS; from Travis County; 3rd Court of Appeals District (03-15-00738-CV, 578 SW3d 533, 01-20-17)
|
| |
The Court affirms the court of appeals' judgment.
Justice Green delivered the opinion of the Court.
|
|
17-0464
|
GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS; AND KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS v. AMERICAN MULTI-CINEMA, INC.; from Travis County; 3rd Court of Appeals District (03-14-00397-CV, 580 SW3d 663, 01-06-17)
|
| |
The Court reverses the court of appeals' judgment and renders judgment.
Justice Busby delivered the opinion of the Court.
|
|
17-0894
|
GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS AND KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS v. GULF COPPER AND MANUFACTURING CORPORATION; from Travis County; 3rd Court of Appeals District (03-16-00250-CV, 535 SW3d 1, 08-11-17)
|
| |
|
| |
The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the trial court.
Justice Lehrmann delivered the opinion of the Court.
|
|
THE FOLLOWING CAUSES ARE RESET FOR ORAL ARGUMENT:
|
|
18-1134
|
W&T OFFSHORE, INC. v. WESLEY FREDIEU; from Harris County; 14th Court of Appeals District (14-16-00511-CV, 584 SW3d 200, 10-30-18)
|
| |
[Note: This cause has been reset for oral argument at 9:00 a.m., April 8, 2020.]
Time allotted to argue: 20/20 minutes
|
| |
(Justice Lehrmann not participating)
|
| |
|
18-1167
|
THE EL PASO EDUCATION INITIATIVE, INC., D/B/A BURNHAM WOOD CHARTER SCHOOL v. AMEX PROPERTIES, LLC; from El Paso County; 8th Court of Appeals District (08-17-00049-CV, 564 SW3d 228, 10-31-18)
|
| |
[Note: This cause has been reset for oral argument at 10:00 a.m., April 8, 2020.]
Time allotted to argue: 20/20 minutes
|
| |
|
18-1211
|
INNOVATIVE BLOCK OF SOUTH TEXAS, LTD. v. VALLEY BUILDERS SUPPLY, INC. D/B/A VALLEY BLOCK & BRICK; from Hidalgo County; 13th Court of Appeals District (13-16-00419-CV, 592 SW3d 147, 11-15-18)
|
| |
[Note: This cause has been reset for oral argument at 11:00 a.m., April 8, 2020.]
Time allotted to argue: 20/20 minutes
|
| |
|
19-0694
|
IN RE C.J.C.; from Denton County; 2nd Court of Appeals District (02-19-00244-CV, 592 SW3d 165, 07-12-19)
|
| |
[Note: This cause has been reset for oral argument at 9:00 a.m., April 22, 2020.]
Time allotted to argue: 20/20 minutes
|
|
THE MOTION FOR REHEARING OF THE FOLLOWING CAUSE IS DENIED:
|
|
18-0740
|
THE UNIVERSITY OF TEXAS AT AUSTIN v. APRIL GARNER; from Travis County; 3rd Court of Appeals District (03-17-00199-CV, ___ SW3d ___, 04-18-18)
|
|
ORDERS ON CASES GRANTED
|
|
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE SET FOR ORAL ARGUMENT:
|
|
19-0497
|
IN RE ACADEMY, LTD. D/B/A ACADEMY SPORTS + OUTDOORS; from Bexar County; 4th Court of Appeals District (04-19-00219-CV, ___ SW3d ___, 05-22-19)
|
| |
[Note: The date and time for oral argument are yet to be determined.]
|
| |
|
19-0701
|
IN RE FARMERS TEXAS COUNTY MUTUAL INSURANCE COMPANY; from Bexar County; 4th Court of Appeals District (04-19-00180-CV, ___ SW3d ___, 06-26-19)
|
| |
|
| |
[Note: The date and time for oral argument are yet to be determined.]
|
|
ORDERS ON PETITIONS FOR REVIEW
|
|
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
|
|
19-0125
|
APEX FINANCIAL CORPORATION v. LOAN CARE; from Dallas County; 5th Court of Appeals District (05-17-00855-CV, ___ SW3d ___, 12-20-18)
|
| |
|
19-0399
|
IN THE INTEREST OF L.N.C. & K.N.M., CHILDREN; from Harris County; 14th Court of Appeals District (14-18-00691-CV, 573 SW3d 309, 01-31-19)
|
| |
|
19-0460
|
WHITE ROCK COMMERCIAL, LLC v. CITY OF LANCASTER; from Dallas County; 5th Court of Appeals District (05-17-00583-CV, ___ SW3d ___, 12-21-18)
|
| |
|
| |
|
19-0580
|
EMILY LEHMBERG v. STUDIO E. ARCHITECTURE AND INTERIORS, INC.; from Bexar County; 4th Court of Appeals District (04-19-00026-CV, ___ SW3d ___, 04-17-19)
|
| |
|
19-0610
|
TEXAS MUTUAL INSURANCE COMPANY v. MARIA GARCIA & ANTHONY GARCIA; from El Paso County; 8th Court of Appeals District (08-15-00075-CV, 583 SW3d 779, 04-03-19)
|
| |
|
19-0611
|
CKR PROPERTY MANAGEMENT, LLC v. DENISE LONGORIA; from Harris County; 14th Court of Appeals District (14-18-00100-CV, 577 SW3d 263, 12-21-18)
|
| |
(Justice Busby not participating)
|
| |
|
19-0726
|
ALMANZA BUSINESS GROUP, LLC v. CBI LOGISTIC SERVICES L.L.C.; from Webb County; 4th Court of Appeals District (04-18-00321-CV, ___ SW3d ___, 05-15-19)
|
| |
|
19-0732
|
CITY OF CISCO, TEXAS v. LLOYD HOUGHTON, VICKI JOHNSON & MARK A. SMITH; from Eastland County; 11th Court of Appeals District (11-18-00029-CV, ___ SW3d ___, 07-11-19)
|
| |
|
19-0768
|
CHARLES W. COOK, LEVI WATSON, JESSICA WATSON, JOE BLAIR ROWTON, JAMIE LOUIS ROWTON, AND CHARLES TOWNSEND v. RONEN NISSIMOV, NATALIA NISSIMOV, AND BRIAN BLALOCK; from Grimes County; 14th Court of Appeals District (14-18-00055-CV, 580 SW3d 745, 07-16-19)
|
| |
|
19-0775
|
MARIA LANDA, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF ELIZABETH LANDA, DECEASED v. NOE LIRA, M.D. AND JUAN CACERAS, M.D.; from Nueces County; 13th Court of Appeals District (13-17-00405-CV, ___ SW3d ___, 05-30-19)
|
| |
|
19-0818
|
DANIEL MITCHELL AND TRISHA MITCHELL v. D.R. HORTON-EMERALD, LTD.; from Fort Bend County; 1st Court of Appeals District (01-18-00755-CV, 579 SW3d 135, 05-16-19)
|
| |
|
19-0859
|
ROBERTO DIAZ v. R&A CONSULTANTS; from El Paso County; 8th Court of Appeals District (08-15-00358-CV, 579 SW3d 460, 04-10-19)
|
| |
|
19-0866
|
TOMBALL TEXAS HOSPITAL COMPANY, LLC D/B/A TOMBALL REGIONAL MEDICAL CENTER v. LA NETA BOBINGER; from Harris County; 1st Court of Appeals District (01-18-00361-CV, ___ SW3d ___, 08-13-19)
|
| |
|
19-0881
|
TAMISHA NICOLE CAMPBELL, INDIVIDUALLY AND AS GUARDIAN AND NEXT FRIEND OF TAMATHA NANETTE WILLIAMS, AN INCAPACITATED PERSON v. PAUL H. POMPA, M.D. AND MARCUS LESLY WEATHERALL, M.D.; from Tarrant County; 2nd Court of Appeals District (02-18-00040-CV, 585 SW3d 561, 08-15-19)
|
| |
|
19-0882
|
LINDA ALLAN v. NATIONSTAR MORTGAGE, LLC; from Harris County; 14th Court of Appeals District (14-18-00246-CV, ___ SW3d ___, 07-09-19)
|
| |
|
19-0899
|
THE KNOWN AND UNKNOWN HEIRS OF PRISCILLA FOSTER, ET AL v. CURTIS CAPPS; from Brazos County; 10th Court of Appeals District (10-18-00329-CV, ___ SW3d ___, 08-21-19)
|
| |
motion to dismiss for lack of jurisdiction dismissed as moot
|
| |
|
19-0922
|
BURNCO TEXAS, LLC AND CLIFFORD HAHNE v. DAWN RICHARDS; from Dallas County; 5th Court of Appeals District (05-18-00819-CV, ___ SW3d ___, 08-30-19)
|
| |
|
19-0927
|
RICETEC, INC. v. STARNET INSURANCE COMPANY; from Brazoria County; 1st Court of Appeals District (01-18-00536-CV, 586 SW3d 434, 08-27-19)
|
| |
|
19-0935
|
JANICE SU ALLEN, INDIVIDUALLY AND AS TRUSTEE OF THE EAGLE PASS LIVING TRUST v. JAMES IRWIN; from Travis County; 3rd Court of Appeals District (03-17-00776-CV, ___ SW3d ___, 06-05-19)
|
| |
|
19-0958
|
PAUL E. NUNU v. NANCY NUNU RISK AND CHARLES L. NUNU; from Harris County; 14th Court of Appeals District (14-19-00084-CV, ___ SW3d ___, 06-20-19)
|
| |
(Justice Busby not participating)
|
| |
|
19-0993
|
JAMES H. WATSON AND OTHERS SIMILARLY SITUATED v. CITY OF SOUTHLAKE; from Tarrant County; 2nd Court of Appeals District (02-18-00143-CV, 587 SW3d 161, 09-19-19)
|
| |
|
19-0999
|
CASH AUTO SALES, INC. F/K/A/ LARRY LAKE D/B/A CASH AUTO SALES AND VIP FINANCE OF TEXAS, INC. F/K/A TRAVIS LAKE D/B/A VIP FINANCE v. THE STATE OF TEXAS, FOR THE OFFICE OF CONSUMER CREDIT COMMISSIONER ("OCCC"); from Dallas County; 5th Court of Appeals District (05-18-00198-CV, ___ SW3d ___, 05-23-19)
|
| |
(Justice Boyd not participating)
|
| |
|
19-1002
|
RAYMOND L. COLQUITT v. MATTHEW LOVITT, M.D.; from Dallas County; 5th Court of Appeals District (05-18-00939-CV, ___ SW3d ___, 07-09-19)
|
| |
|
19-1015
|
DAVID BARRETT v. BERRY CONTRACTING, LP, ELITE PIPING & CIVIL, LTD., AND GOVIND DEVELOPMENT, LLC; from Nueces County; 13th Court of Appeals District (13-18-00498-CV, ___ SW3d ___, 10-03-19)
|
| |
|
19-1063
|
CHARLIE WILSON, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF DEBRA WILSON v. DALLAS COUNTY HOSPITAL DISTRICT D/B/A PARKLAND HEALTH & HOSPITAL SYSTEM; from Dallas County; 5th Court of Appeals District (05-18-01049-CV, ___ SW3d ___, 08-07-19)
|
| |
|
19-1093
|
CITY OF FORT WORTH, TEXAS v. PRINT CLARK; from Tarrant County; 1st Court of Appeals District (01-18-00430-CV, ___ SW3d ___, 08-13-19)
|
| |
|
19-1116
|
IN THE INTEREST OF F.R. AKA F.R. AKA F.R., A.L.R., I.R.L. AKA I.R.L., CHILDREN; from Bailey County; 7th Court of Appeals District (07-19-00215-CV, ___ SW3d ___, 11-04-19)
|
| |
|
19-1126
|
KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS v. DAVID A. ESCAMILLA, TRAVIS COUNTY ATTORNEY; from Travis County; 3rd Court of Appeals District (03-18-00346-CV, 590 SW3d 617, 11-06-19)
|
| |
|
19-1135
|
CEC ENTERTAINMENT, INC. v. GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS; AND KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS; from Travis County; 3rd Court of Appeals District (03-18-00375-CV, ___ SW3d ___, 12-05-19)
|
| |
|
19-1141
|
HENIFF TRANSPORTATION SYSTEMS, LLC v. ZOLA MACK, INDIVIDUALLY AND AS NEXT FRIEND OF D.T.M., A MINOR, AND AS REPRESENTATIVE OF THE ESTATE OF JOHN MACK, DECEASED; from Jefferson County; 9th Court of Appeals District (09-19-00049-CV, ___ SW3d ___, 10-24-19)
|
| |
|
20-0006
|
TEXAS DEPARTMENT OF TRANSPORTATION v. LEONOR PADRON, INDIVIDUALLY AND AS NEXT FRIEND FOR A.L., A MINOR, AND AS AN HEIR AND AS SURVIVING SPOUSE OF JOSE LOPEZ GARCIA, AND AS DEPENDENT ADMINISTRATOR FOR THE ESTATE OF JOSE LOPEZ GARCIA, MARISOL DELGADO AGUIRRE, SYLVIA REYNA RAMIREZ AS THE DEPENDENT ADMINISTRATOR FOR THE ESTATE OF ALFONSO LOPEZ; from Travis County; 6th Court of Appeals District (06-19-00010-CV, 591 SW3d 684, 12-13-19)
|
| |
|
20-0007
|
JAMES BRENT MANSFIELD v. STORMIE RAE MANSFIELD; from Bexar County; 4th Court of Appeals District (04-18-00551-CV, ___ SW3d ___, 11-20-19)
|
| |
|
20-0008
|
IN THE INTEREST OF C.R., A.R., AND I.R., CHILDREN; from Randall County; 7th Court of Appeals District (07-19-00009-CV, ___ SW3d ___, 04-16-19)
|
| |
|
| |
|
20-0016
|
IN THE INTEREST OF C.G. AND R.G., CHILDREN; from Freestone County; 10th Court of Appeals District (10-19-00306-CV, ___ SW3d ___, 11-27-19)
|
| |
|
| |
|
20-0065
|
GARY LEE EASLEY v. HSBC BANK USA, N.A., AS INDENTURE TRUSTEE OF THE FBR SECURITIZATION TRUST 2005-2, CALLABLE MORTGAGE-BACKED NOTES, SERIES 2005-2; AND SPECIALIZED LOAN SERVICING, LLC; from Tarrant County; 2nd Court of Appeals District (02-19-00279-CV, ___ SW3d ___, 11-14-19)
|
| |
|
20-0138
|
MADELEINE CONNOR v. CHARLES MCCORMICK; from Travis County; 3rd Court of Appeals District (03-18-00813-CV, ___ SW3d ___, 01-09-20)
|
| |
|
20-0163
|
IN THE INTEREST OF J.G., III, K.G., G.G., CHILDREN; from Henderson County; 12th Court of Appeals District (12-19-00301-CV, ___ SW3d ___, 02-19-20)
|
| |
motion to withdraw as counsel granted
|
| |
|
20-0222
|
IN THE INTEREST OF A.B., G.B., L.B., S.B., AND K.B., CHILDREN; from Aransas County; 13th Court of Appeals District (13-19-00539-CV, ___ SW3d ___, 02-27-20)
|
|
ORDERS ON MOTIONS FOR REHEARING
|
|
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
|
|
18-0651
|
TOWN OF NORTHLAKE v. CITY OF JUSTIN; from Denton County; 6th Court of Appeals District (06-17-00054-CV, ___ SW3d ___, 05-02-18)
|
| |
|
19-0096
|
M.E.N. WATER SUPPLY CORPORATION, ANGUS WATER SUPPLY CORPORATION, CHATFIELD WATER SUPPLY CORPORATION, CORBET WATER SUPPLY CORPORATION, CITY OF FROST, CITY OF KERENS, AND COMMUNITY WATER COMPANY v. CITY OF CORSICANA, TEXAS; from Navarro County; 10th Court of Appeals District (10-16-00364-CV, 564 SW3d 474, 11-14-18)
|
| |
|
19-0431
|
NOVA MUD, INC. v. SANDRA H. STALEY, INDIVIDUALLY AS INDEPENDENT EXECUTRIX OF THE ESTATE OF GEORGE G. STALEY, DECEASED, AND AS TRUSTEE OF THE TAX FREE TRUST FOR SANDRA H. STALEY; from Winkler County; 8th Court of Appeals District (08-17-00147-CV, 583 SW3d 728, 02-22-19)
|
| |
|
19-0654
|
EDWARD FOUSSADIER v. TRIPLE B SERVICES, LLP; from Harris County; 1st Court of Appeals District (01-18-00106-CV, ___ SW3d ___, 05-16-19)
|
| |
|
19-0716
|
DAVID D. SCOTT AND MARY J. SCOTT v. ROBERT G. WEST, THYRA WEST, JUDITH C. CLARK, SALLIE CLINGMAN, GREGORY P. MILLER, GAYE MILLER, JONATHAN BAYLES, AND AMY BAYLES; from Tarrant County; 2nd Court of Appeals District (02-18-00211-CV, 594 SW3d 397, 07-03-19)
|
| |
|
19-0964
|
ERIC LYNN BAUMGART v. PHILLIP DOUGLAS ARCHER, KPRC-TV CHANNEL 2, GRAHAM MEDIA GROUP, HOUSTON, INC., GRAHAM MEDIA GROUP, GRAHAM HOLDINGS COMPANY; from Harris County; 1st Court of Appeals District (01-18-00298-CV, 581 SW3d 819, 06-27-19)
|
| |
|
20-0020
|
ERIC C. RALLS v. BRIAN FUNK; from Smith County; 12th Court of Appeals District (12-19-00016-CV, 592 SW3d 178, 10-31-19)
|
|
MISCELLANEOUS
|
|
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
|
|
19-0814
|
IN RE JOHN HIGHTOWER, JR. AND JESSICA HIGHTOWER; from Washington County; 14th Court of Appeals District (14-19-00047-CV, 580 SW3d 248, 04-23-19)
|
| |
|
19-1036
|
IN RE INFRASTRUCTURE SERVICES, INC.; from Harris County; 1st Court of Appeals District (01-19-00448-CV, ___ SW3d ___, 10-10-19)
|
| |
|
20-0132
|
IN RE STEVEN BOYD, RELATOR; from Randall County; 7th Court of Appeals District (07-19-00416-CV, ___ SW3d ___, 01-09-20)
|
| |
|
20-0139
|
IN RE KERRANCE RAMONE BROWN, RELATOR; 7th Court of Appeals District (07-19-00359-CV, ___ SW3d ___, 01-13-20)
|
|
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS ABATED:
|
|
20-0241
|
IN RE HUB GROUP TRUCKING, INC.; WAEL AL-ASHQAR; MAPLETREE TRANSPORTATION, INC.; AND DENNIS EADS; from Dallas County; 5th Court of Appeals District (05-20-00082-CV, ___ SW3d ___, 02-18-20)
|
| |
abatement order issued
[Note: Effective December 31, 2019, the case is abated pursuant to TEX. R. APP. P. 8.2 until further order of this Court and is removed from the Court's active docket, subject to reinstatement upon proper motion. TEX. R. APP. P. 8.3. All motions and other documents pending or filed are abated subject to being reurged in the event the case is reinstated. TEX. R. APP. P. 8.2, 8.3. It is the parties' responsibility to immediately notify this Court once the automatic bankruptcy stay is lifted.]
|
|
A STAY IS ISSUED IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS:
|
|
19-1022
|
IN RE K&L AUTO CRUSHERS, LLC AND THOMAS GOTHARD, JR.; from Dallas County; 5th Court of Appeals District (05-19-01061-CV, ___ SW3d ___, 10-29-19)
|
| |
relators' unopposed motion for temporary relief granted
stay order issued
|
| |
[Note: The petition for writ of mandamus remains pending before this Court.]
|
