Supreme Court

November 20, 2020 

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THE SUPREME COURT OF TEXAS
Orders Pronounced November 20, 2020
 
ORDERS ON CAUSES
18-0309
BERKEL & COMPANY CONTRACTORS, INC. v. TYLER LEE, ET AL.; from Brazoria County; 14th Court of Appeals District (14-15-00787-CV, 543 SW3d 288, 01-23-18)
 
2 petitions
 
The Court affirms in part and reverses in part the court of appeals' judgment and renders judgment.

Justice Bland delivered the opinion of the Court.
 
(Justice Lehrmann and Justice Busby not participating)
18-0678
CAROWEST LAND, LTD. v. CITY OF NEW BRAUNFELS, TEXAS AND Y.C. PARTNERS, LTD., D/B/A YANTIS COMPANY; from Comal County; 3rd Court of Appeals District (03-16-00249-CV, 549 SW3d 163, 06-29-17)
 
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court vacates the judgments of the court of appeals and the trial court and remands the case to the trial court.

Per Curiam Opinion
 
(Justice Huddle not participating)
View Electronic Briefs | Oral Argument N/A

19-0045
AEP TEXAS CENTRAL COMPANY AND T&D SOLUTIONS, LLC v. MARTA ARREDONDO; from Brooks County; 4th Court of Appeals District (04-17-00609-CV, 567 SW3d 383, 09-26-18)
 
2 petitions
 
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.
19-0790
TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER-EL PASO v. LORETTA K. FLORES; from El Paso County; 8th Court of Appeals District (08-18-00151-CV, 587 SW3d 831, 07-26-19)
 
The Court reverses the court of appeals' judgment and renders judgment.

Justice Boyd delivered the opinion of the Court.
19-0920
MATTHEW M. SPANTON AND ELISHA SPANTON D/B/A HILL COUNTRY KENNELS v. PAMELA S. BELLAH; from Travis County; 3rd Court of Appeals District (03-18-00763-CV, ___ SW3d ___, 08-27-19)
 
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court vacates the judgment of the court of appeals and remands the case to the trial court.

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

THE FOLLOWING MOTIONS TO PARTICIPATE IN ORAL ARGUMENT ARE GRANTED:
20-0005
DIOCESE OF LUBBOCK v. JESUS GUERRERO; from Lubbock County; 7th Court of Appeals District (07-19-00280-CV, 591 SW3d 244, 12-06-19)
 
motion of amicus curiae to participate in oral argument granted
 
~ consolidated for oral argument with ~
 
20-0127
IN RE DIOCESE OF LUBBOCK; from Lubbock County; 7th Court of Appeals District (07-19-00307-CV, 592 SW3d 196, 12-06-19)
 
motion of amicus curiae to participate in oral argument granted
 
Time allotted to argue: 15/20/5 minutes
 
(Justice Huddle not participating)
ORDERS ON CASES GRANTED
THE FOLLOWING PETITION FOR REVIEW IS GRANTED:
19-0954
IN THE MATTER OF THE EXPUNCTION OF L.B.; from El Paso County; 8th Court of Appeals District (08-18-00112-CV, 587 SW3d 472, 08-28-19)
 
as redrafted
motion to dismiss and effectuate settlement agreement, granted as follows:

Pursuant to Texas Rule of Appellate Procedure 56.3, without considering the merits, the Court grants the petition for review, 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:
20-0548
IN THE INTEREST OF C.L.S., A CHILD; from Henderson County; 12th Court of Appeals District (12-19-00418-CV, ___ SW3d ___, 06-05-20)
 
3 petitions
 
20-0718
DAVID E. SHAW v. CITY OF DALLAS; from Dallas County; 5th Court of Appeals District (05-19-01233-CV, ___ SW3d ___, 07-27-20)
 
20-0728
CITY OF PORT ISABEL v. EDWARD MEZA; from Cameron County; 13th Court of Appeals District (13-19-00070-CV, ___ SW3d ___, 07-02-20)
 
20-0755
IN THE INTEREST OF M.K. AND E.K., CHILDREN; from Brazos County; 10th Court of Appeals District (10-20-00075-CV, ___ SW3d ___, 08-14-20)
 
20-0796
ROUND TABLE PHYSICIANS GROUP, PLLC, AND LISA SNYDER v. JULIE KILGORE, INDIVIDUALLY, AND AS NEXT FRIEND OF XXXX KILGORE, A MINOR; from Harris County; 14th Court of Appeals District (14-19-00543-CV, 607 SW3d 878, 08-25-20)
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
19-0985
RPM SERVICES v. MARIBEL MATA SANTANA, JOSE LEONEL MATA, JR., AND JOSE LEONEL MATA; from Panola County; 6th Court of Appeals District (06-19-00035-CV, ___ SW3d ___, 08-29-19)
 
19-1140
STATE FAIR OF TEXAS v. RIGGS & RAY, P.C.; from Dallas County; 5th Court of Appeals District (05-17-00973-CV, ___ SW3d ___, 09-05-19)
 
20-0118
GREAT AMERICAN LLOYDS INSURANCE COMPANY AND MID-CONTINENT CASUALTY COMPANY v. VINES-HERRIN CUSTOM HOMES, L.L.C. AND HERRIN CUSTOM HOMES, INC. AND EMIL G. CERULLO; from Dallas County; 5th Court of Appeals District (05-18-00337-CV, 596 SW3d 370, 01-09-20)
 
20-0232
STEPHANIE ZOANNI v. LEMUEL DAVID HOGAN; from Harris County; 1st Court of Appeals District (01-17-00394-CV, ___ SW3d ___, 08-01-19)
 
20-0237
AMERICAN ASSURANCE COMPANY v. NOELA DE LOS SANTOS, INDIVIDUALLY AND AS NEXT FRIEND OF KIMBERLY ANN RUIZ; from Jim Wells County; 4th Court of Appeals District (04-18-00906-CV, ___ SW3d ___, 10-30-19)
 
20-0370
THE CITY OF HOUSTON, TEXAS v. JOHN NICHOLAS, TEMPORARY ADMINISTRATOR OF THE ESTATE OF RHOGENA NICHOLAS, AND JO ANN NICHOLAS; from Harris County; 14th Court of Appeals District (14-19-00716-CV, ___ SW3d ___, 03-26-20)
 
20-0519
JEFFREY R. VAUGHAN v. RAUL MEDINA AND LAW OFFICE OF RAUL MEDINA, P. C.; from Hidalgo County; 13th Court of Appeals District (13-18-00266-CV, ___ SW3d ___, 04-23-20)
 
20-0604
TERRY JOHNSON v. MAI DINH; from Dallas County; 5th Court of Appeals District (05-19-00127-CV, ___ SW3d ___, 06-05-20)
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
20-0213
IN RE DEVELOPMENTS SOLUTIONS CAT, LLC; ALLEGIANT REALTY PARTNERS, LLC; SIEPIELA INTERESTS, LLC; TAYLOR DUNCAN INTERESTS, LLC; JAMES SIEPIELA; GREGORY RICH; PHILLIP W. DUNCAN; AND LARRY TAYLOR; from Hays County; 3rd Court of Appeals District (03-19-00823-CV, ___ SW3d ___, 01-24-20)
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR REVIEW IS DISMISSED:
19-0917
IN THE INTEREST OF A.L.P. A CHILD; from Fort Bend County; 1st Court of Appeals District (01-19-00144-CV, ___ SW3d ___, 08-22-19)
 
See TEX. R. APP. P. 53.7(a)
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
20-0775
IN RE GUSTAVO GARCIA-SILLER, ARCHBISHOP OF THE ARCHDIOCESE OF SAN ANTONIO, AND ACTING ON BEHALF OF THE ARCHDIOCESE OF SAN ANTONIO, AND ANITA VALENCIA, AS INDEPENDENT ADMINISTRATOR OF THE ESTATE OF VIRGILIO ELIZONDO; from Bexar County; 4th Court of Appeals District (04-20-00427-CV, ___ SW3d ___, 09-23-20)
 
as reinstated
motion to reinstate granted
second joint motion for emergency relief denied
motion to file documents under seal denied
 
20-0817
IN RE BRIAN DRAYDEN AND DEBRAEYIA DRAYDEN; from Harris County; 1st Court of Appeals District (01-20-00144-CV, ___ SW3d ___, 10-13-20)
 
20-0820
IN RE DOSHEE SWAN TOWERY; from Bowie County
 
20-0905
IN RE SENTRY INSURANCE A MUTUAL COMPANY; from Nolan County; 11th Court of Appeals District (11-20-00240-CV, ___ SW3d ___, 11-06-20)
 
emergency motion to stay denied, as supplemented
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED:
20-0903
IN RE STATE OF TEXAS; from El Paso County; 8th Court of Appeals District (08-20-00226-CV, ___ SW3d ___, 11-09-20)
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS ABATED:
20-0849
IN RE EXXON MOBIL CORPORATION; from Harris County; 14th Court of Appeals District (14-20-00705-CV, ___ SW3d ___, 10-23-20)
 
relator's motion to abate granted
abatement order issued
 
[Note: The petition for writ of mandamus is abated pending further order of this Court.]
 
(Justice Lehrmann not participating)
A STAY IS ISSUED IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS:
20-0506
IN RE GILBERTO GONZALES; from Harris County; 1st Court of Appeals District (01-20-00380-CV, ___ SW3d ___, 06-25-20)
 
relator's unopposed motion for temporary relief granted
stay order issued
 

[
Note: The petition for writ of mandamus remains pending before this Court.]