Supreme Court

June 12, 2020 

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THE SUPREME COURT OF TEXAS
Orders Pronounced June 12, 2020
 
ORDERS ON CAUSES
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)
 
The Court reverses the court of appeals' judgment and renders judgment.

Justice Bland delivered the opinion of the Court.

(Justice Boyd and Justice Blacklock not participating)
17-1010
DAWN NETTLES v. GTECH CORPORATION; from Dallas County; 5th Court of Appeals District (05-15-01559-CV, 581 SW3d 234, 07-21-17)
 
The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the trial court.
 
~ consolidated for oral argument with ~
18-0159
GTECH CORPORATION v. JAMES STEELE, ET AL.; from Travis County; 3rd Court of Appeals District (03-16-00172-CV, 549 SW3d 768, 01-11-18)
 
The Court affirms the court of appeals' judgment and remands the case to the trial court.

Justice Busby delivered the opinion of the Court, in which Justice Lehrmann, Justice Devine, and Justice Bland joined, in Part III of which Chief Justice Hecht, Justice Green, and Justice Blacklock joined, and in Parts I and II of which Justice Boyd joined.

Chief Justice Hecht delivered an opinion concurring in part and dissenting in part, in which Justice Green and Justice Blacklock joined.

Justice Boyd delivered an opinion concurring in part and dissenting in part.

(Justice Guzman not participating)
18-0852
MO-VAC SERVICE COMPANY, INC. v. PRIMITIVO ESCOBEDO, INDIVIDUALLY, SAN JUANITA ESCOBEDO, INDIVIDUALLY, AND MARTHA ESCOBEDO, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF FABIAN ESCOBEDO; from Hidalgo County; 13th Court of Appeals District (13-16-00435-CV, 592 SW3d 467, 07-27-18)
 
motion for leave to file joint response brief granted
 
The Court reverses the court of appeals' judgment and renders judgment.

Chief Justice Hecht delivered the opinion of the Court.

Justice Guzman delivered a concurring opinion.

(Justice Lehrmann not participating)
19-0077
ANTHONY A. RIEDER, ED RAPEE, III, AND CADBURY SOLUTIONS, LLC v. KENNY WOODS, ALAN MEEKER, AND CQUENTIA SERIES, LLC; from Tarrant County; 2nd Court of Appeals District (02-17-00176-CV, 587 SW3d 32, 10-18-18)
 
The Court reverses the court of appeals' judgment and remands the case to that court.

Justice Guzman delivered the opinion of the Court.
19-0167
CONWAY WAAK, JR. AND MARLENE WAAK D/B/A CARMINE CHAROLAIS RANCH, AND CARMINE CHAROLAIS RANCH v. RAUL AMPARO ZUNIGA RODRIGUEZ AND ANA MARIA ORTIZ MARTINEZ, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVES AND HEIRS OF THE ESTATE OF RAUL AMPARO ZUNIGA ORTIZ, JR.; AND JUANA GUADALUPE MARTINEZ, AS NEXT FRIEND OF SEBASTIAN ZUNIGA AND WENDY ZUNIGA, ET AL.; from Fayette County; 1st Court of Appeals District (01-17-00755-CV, 562 SW3d 570, 08-21-18)
 
The Court affirms the court of appeals' judgment.

Chief Justice Hecht delivered the opinion of the Court, in which Justice Green, Justice Guzman, Justice Lehrmann, Justice Devine, and Justice Busby joined.

Justice Blacklock delivered a dissenting opinion, in which Justice Boyd joined.

(Justice Bland not participating)
THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:
18-0426
WILLIAM A. BREWER III v. LENNOX HEARTH PRODUCTS, LLC; TURNER & WITT PLUMBING, INC.; STRONG CUSTOM BUILDERS, LLC; THERMO DYNAMIC INSULATION, LLC; STATE FARM LLOYDS INSURANCE COMPANY; KEN AND BECKY TEEL; ROSS AND MEG RUSHING; from Lubbock County; 7th Court of Appeals District (07-16-00121-CV, 546 SW3d 866, 03-26-18)
 
Justice Boyd dissents from the denial of the motion for rehearing.

(Justice Bland not participating)
18-0989
CITY OF CONROE, TEXAS; CITY OF MAGNOLIA, TEXAS; AND CITY OF SPLENDORA, TEXAS v. SAN JACINTO RIVER AUTHORITY AND KEN PAXTON, ATTORNEY GENERAL OF TEXAS; from Travis County; 3rd Court of Appeals District (03-16-00785-CV, 559 SW3d 656, 08-31-18)
 
The Court's opinion issued March 27, 2019 is corrected.

(Justice Blacklock not participating)
18-1065
HOMER HILLIS v. HENRY MCCALL; from Gillespie County; 4th Court of Appeals District (04-17-00410-CV, 562 SW3d 98, 08-22-18)
 
as amended
 
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE SET FOR ORAL ARGUMENT:
19-0656
IN RE TEXAS NEW MEXICO POWER COMPANY; from Harris County; 1st Court of Appeals District (01-18-01075-CV, 579 SW3d 784, 06-20-19)
 
~ consolidated for oral argument with ~
19-0662
IN RE ONCOR ELECTRIC DELIVERY COMPANY, LLC; from Dallas County; 5th Court of Appeals District (05-19-00288-CV, ___ SW3d ___, 07-23-19)
 
~ consolidated for oral argument with ~
19-0777
IN RE CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC.; from Harris County; 1st Court of Appeals District (01-19-00478-CV, ___ SW3d ___, 08-13-19)
 
[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:
19-0205
FATIH OZCELEBI, M.D. v. K.V. CHOWDARY, M.D., INDIVIDUALLY AND D/B/A VALLEY GASTROENTEROLOGY CLINIC, P.A.: VALLEY GASTROENTEROLOGY CLINIC P.A.; from Hidalgo County; 13th Court of Appeals District (13-16-00346-CV, ___ SW3d ___, 09-13-18)
19-0386
IN THE INTEREST OF C.M.J. AKA C.W., CHILD; from Harris County; 1st Court of Appeals District (01-18-00885-CV, 573 SW3d 404, 03-05-19)
19-0555
JACE HARKEY, ROBERT H. HOLMES AND THE HOLMES LAW FIRM, INC., AND TRUSTEE, AREYA HOLDER AURZADA v. ADM MILLING CO., INC.; from Dallas County; 5th Court of Appeals District (05-17-00778-CV, ___ SW3d ___, 12-28-18)
19-0646
JANE DOE, INDIVIDUALLY AND AS NEXT FRIEND OF S.D., A MINOR CHILD AND DAUGHTER OF JANE DOE v. CITY OF DALLAS; from Dallas County; 5th Court of Appeals District (05-18-00771-CV, ___ SW3d ___, 06-21-19)
19-0734
AN JEDADIAH MATHEWS, CHELSEA MATHEWS, INDIVIDUALLY AND AS NEXT FRIEND FOR G.M. AND J.M. JR. AND ROBERT MARINES v. SAMMI MACHINERY CO. LTD.; from Jefferson County; 9th Court of Appeals District (09-19-00017-CV, ___ SW3d ___, 07-11-19)
19-0776
ROLAND AND DEBORAH KELLER v. LEGEND HOME CORPORATION, LEGEND CLASSIC HOMES, LTD., AND WUIC INSURANCE AGENCY INC., D/B/A HOME OF TEXAS; from Montgomery County; 9th Court of Appeals District (09-17-00199-CV, ___ SW3d ___, 05-30-19)
 
2 petitions
19-0904
MARIA ALCANTAR v. THE UNIVERSITY OF TEXAS SOUTHWESTERN MEDICAL CENTER; from Dallas County; 5th Court of Appeals District (05-18-01320-CV, ___ SW3d ___, 08-21-19)
19-1004
WAYNE GUIDRY AND KAT GUIDRY v. HENRY NEAL; from Hays County; 3rd Court of Appeals District (03-17-00525-CV, ___ SW3d ___, 05-15-19)
 
as amended
19-1014
MARIA DURIA CHAVELAS, INDIVIDUALLY, ALSO KNOWN AS, MARIA DURIA WILHELM, D/B/A INTERNATIONAL LEGAL SERVICES-ABOGADOS, D/B/A ABOGADOS SIN FRONTERAS, D/B/A INTERNATIONAL LEGAL SERVICES, AND D/B/A ATTORNEYS WITHOUT BORDERS, LLC v. THE STATE OF TEXAS; from El Paso County; 8th Court of Appeals District (08-19-00081-CV, ___ SW3d ___, 08-07-19)
19-1087
SONIA RILEY AND FLOYD RILEY v. THE BANK OF NEW YORK MELLON, from Jefferson County; 9th Court of Appeals District (09-18-00403-CV, ___ SW3d ___, 10-10-19)
19-1124
FRANK ZHANG AND DAXWELL GROUP, LLC v. CAPITAL PLASTIC & BAGS, INC.; from Harris County; 14th Court of Appeals District (14-17-00991-CV, 587 SW3d 82, 08-15-19)
19-1125
THE MIAN DEVELOPMENT CORPORATION v. THE STATE OF TEXAS; from Dallas County; 5th Court of Appeals District (05-17-01385-CV, ___ SW3d ___, 07-18-19)
20-0027
ROBERT S. JOHNSON v. JEFF WILLIAMS, MAYOR; THE CITY OF ARLINGTON, TEXAS; ZACK MAXWELL; AND FAITH BUSSEY; from Tarrant County; 2nd Court of Appeals District (02-19-00089-CV, ___ SW3d ___, 11-27-19)
 
(Justice Boyd and Justice Blacklock not participating)
20-0052
ROY JORDAN, JR. v. CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC; from Harris County; 14th Court of Appeals District (14-18-00663-CV, ___ SW3d ___, 10-29-19)
20-0085
KRISU HOSPITALITY, LLC v. MUKESH BHAKTA; from Gray County; 7th Court of Appeals District (07-18-00156-CV, ___ SW3d ___, 05-01-18)
20-0098
BILLY RAY JOHNSON v. JUAN PENA GARCIA; from Bowie County; 6th Court of Appeals District (06-19-00082-CV, ___ SW3d ___, 01-15-20)
20-0100
IN THE INTEREST OF C.V.L., A CHILD; from Dallas County; 5th Court of Appeals District (05-19-00506-CV, 591 SW3d 734, 12-13-19)
20-0106
IN THE INTEREST OF S.R., JR., A CHILD; from Madison County; 10th Court of Appeals District (10-19-00235-CV, ___ SW3d ___, 12-31-19)
20-0166
ANTHONY DELEON v ANGELA VILLAREAL AND ROBERT MILLER; from Tarrant County; 2nd Court of Appeals District (02-19-00133-CV, ___ SW3d ___, 01-09-20)
20-0203
JESSE ROBLES v. MOUNT FRANKLIN FOODS, L.L.C. D/B/A AZAR NUT COMPANY; from El Paso County; 8th Court of Appeals District (08-18-00170-CV, 591 SW3d 158, 08-14-19)
20-0298
IN THE INTEREST OF K.W. AND T.W.; from Montgomery County; 9th Court of Appeals District (09-19-00442-CV, ___ SW3d ___, 04-09-20)
20-0355
MARY CATHERINE PERSON v. MARTHA PYRON; from Travis County; 3rd Court of Appeals District (03-19-00063-CV, ___ SW3d ___, 03-18-20)
20-0358
KENNETH C. HANCOCK, M.D., NOELLE CLOVEN, M.D., AND TEXAS ONCOLOGY, P.A. v. ARTHUR ROSSE, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF CAROL ROSSE, JERALD ROSSE, INDIVIDUALLY, JOELLYN MIMS, INDIVIDUALLY, DEANNA CHRONISTER, INDIVIDUALLY, BRENDA BACA, INDIVIDUALLY AND BRADLEY ROSSE, INDIVIDUALLYLLC; from Tarrant County; 2nd Court of Appeals District (02-19-00126-CV, ___ SW3d ___, 01-30-20)
THE FOLLOWING PETITION FOR REVIEW IS ABATED:
19-0915
JAIME DANIEL GRACIA AND RACHEL GRACIA v. CHRISTUS SPOHN HEALTH SYSTEM CORPORATION D/B/A CHRISTUS HOSPITAL CORPUS CHRISTI-SHORELINE; from Nueces County; 13th Court of Appeals District (13-18-00485-CV, ___ SW3d ___, 08-26-19)
 
[Note: This case is removed from the Court's active docket until July 13, 2020, by which time the parties must file a status report or a motion to dismiss.]
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
19-0083
MARCELLE GUIMARAES v. CHRISTOPHER SCOTT BRANN; from Harris County; 1st Court of Appeals District (01-16-00093-CV, 562 SW3d 521, 07-24-18)
19-0641
IN THE INTEREST OF P.N.T., A CHILD; from Harris County; 14th Court of Appeals District (14-18-01115-CV, 580 SW3d 331, 06-11-19)
 
3 rehearings
19-0691
UNIQUE M. GREEN v. FEDERAL NATIONAL MORTGAGE ASSOCIATION & ONEWEST BANK, N.A.; from Harris County; 1st Court of Appeals District (01-18-00258-CV, ___ SW3d ___, 04-18-19)
20-0176
IN THE INTEREST OF G.A.M, M.A.S.B. & G.E.E., CHILDREN; from Bexar County; 4th Court of Appeals District (04-19-00710-CV, ___ SW3d ___, 02-12-20)
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
19-0150
IN RE JESUS RODRIGUEZ AGUERO, M.D., DECEASED; from Hidalgo County; 13th Court of Appeals District (13-18-00535-CV, ___ SW3d ___, 11-26-18)
 
as reinstated
19-0708
IN RE AMERICAN AIRLINES, INC.; from Tarrant County; 2nd Court of Appeals District (02-19-00205-CV, ___ SW3d ___, 07-23-19)
20-0128
IN RE RODNEY REED; from Bastrop County
20-0362
IN RE JOHNNY PARTAIN; from Hidalgo County; 13th Court of Appeals District (13-16-00516-CV, ___ SW3d ___, 09-03-16)
THE FOLLOWING PETITION FOR WRIT OF MANAMUS IS ABATED:
20-0165
IN RE VALERO REFINING TEXAS L.P.; from Harris County; 14th Court of Appeals District (14-19-00691-CV, ___ SW3d ___, 01-28-20)
 
joint motion to abate granted
abatement order issued
 
[Note: This case is removed from the Court's active docket until August 12, 2020, by which time the parties must file a status report or a motion to dismiss.]
THE FOLLOWING CASE IS REINSTATED:
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)
 
unopposed motion to reinstate granted
abatement order issued April 3, 2020, lifted
mandamus reinstated
 
[Note: The petition for writ of mandamus remains pending before the Court.]