Supreme Court

December 17, 2021 

Print-Friendly

Texas State Seal
THE SUPREME COURT OF TEXAS
Orders Pronounced December 17, 2021
 
ORDERS ON CAUSES
20-0523
GERARD MATZEN v. MARSHA MCLANE, DIRECTOR OF THE TEXAS CIVIL COMMITMENT OFFICE, AND THE TEXAS CIVIL COMMITMENT OFFICE; from Travis County; 3rd Court of Appeals District (03-18-00740-CV, 604 SW3d 91, 03-06-20)
 
2 petitions
 
The Court affirms in part and reverses in part the court of appeals' judgment and renders judgment.

Justice Blacklock delivered the opinion of the Court.
ORDERS ON CASES GRANTED
THE FOLLOWING PETITION FOR REVIEW IS GRANTED:
21-0429
TORNADO BUS COMPANY v. MICHAEL ZIEHL; from Dallas County; 5th Court of Appeals District (05-19-00901-CV, ___ SW3d ___, 04-22-21)
 
agreed motion to dismiss 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.
PROBABLE JURISDICTION IS NOTED IN THE FOLLOWING DIRECT APPEAL:
21-1045
TEXAS DEPARTMENT OF STATE HEALTH SERVICES; JOHN HELLERSTEDT, IN HIS OFFICIAL CAPACITY AS COMMISSIONER OF THE TEXAS DSHS v. CROWN DISTRIBUTING LLC; AMERICA JUICE CO., LLC; CUSTOM BOTANICAL DISPENSARY, LLC; 1937 APOTHECARY, LLC; from Travis County
 
[Note: This case has been set for oral argument at 9:00 a.m., March 22, 2022.]

Time allotted to argue: 20/20 minutes
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
21-0045
TEXAS WINDSTORM INSURANCE ASSOCIATION v. BOYS AND GIRLS CLUB OF THE COASTAL BEND, INC.; from Nueces County; 13th Court of Appeals District (13-19-00429-CV, ___ SW3d ___, 09-24-20)
 
2 petitions
 
(Justice Young not participating)
 
21-0708
DAMARIS MCCALLEY v. DR. CLIFTON LYNDELL COX II, METHODIST SOUTHLAKE HOSPITAL, AND DR. OLEFEMI ABIODUN; from Tarrant County; 2nd Court of Appeals District (02-20-00411-CV, ___ SW3d ___, 07-29-21)
 
motion for court appointed attorney denied
 
21-0823
MACY’S RETAIL HOLDINGS, INC. v. AUDON BENAVIDES; from Dallas County; 5th Court of Appeals District (05-19-01264-CV, ___ SW3d ___, 08-12-21)
 
2 petitions
 
21-0855
DICEX INTERNATIONAL, INC. v. AMIGO STAFFING, INC.; from Webb County; 4th Court of Appeals District (04-20-00018-CV, ___ SW3d ___, 03-24-21)
 
21-0876
JOHNNY PARTAIN v. JUDGE ALEX GABERT; from Hidalgo County; 13th Court of Appeals District (13-21-00037-CV, ___ SW3d ___, 08-26-21)
 
21-0907
SANDRA TOBIAS AND A.R.T. v. JOSEPH DAVID MARKS; from Tom Green County; 3rd Court of Appeals District (03-20-00127-CV, ___ SW3d ___, 08-31-21)
 
21-0950
ANGELIA HILL v. MOMENTUM MOTOR CARS, LTD. D/B/A LAND ROVER OF SOUTHWEST HOUSTON; from Harris County; 1st Court of Appeals District (01-20-00367-CV, ___ SW3d ___, 08-10-21)
 
21-0968
IN THE INTEREST OF A.M.H.-C, A CHILD; from McLennan County; 10th Court of Appeals District (10-21-00029-CV, ___ SW3d ___, 09-29-21)
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
21-0053
OSCAR ORTEGA AND ROGGIE LAW v. ALAN PEAN; from Harris County; 1st Court of Appeals District (01-18-00249-CV, ___ SW3d ___, 04-11-19)
 
(Justice Young not participating)
 
21-0540
MYRA LISA WELLONS, INDIVIDUALLY AND AS THE REPRESENTATIVE OF THE ESTATE OF JASON WELLONS, DECEASED, MEGAN WELLONS v. VALERO REFINING-NEW ORLEANS, L.L.C.; from Harris County; 14th Court of Appeals District (14-18-01075-CV, 616 SW3d 220, 12-31-20)
 
21-0545
WENDY MEIGS v. TODD ZUCKER AND BOHREER & ZUCKER LLP; from Harris County; 1st Court of Appeals District (01-19-00321-CV, ___ SW3d ___, 07-28-20)
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
20-0602
IN RE OSCAR DAGOBERTO FLORES AND RIVAS TRUCKING SPECIALTY, LLC; from Dallas County; 5th Court of Appeals District (05-19-01058-CV, ___ SW3d ___, 06-02-20)
 
 
21-0877
IN RE EUGENE WILLIAMS; from Midland County
 
21-0953
IN RE ROBERT J. GAUDET, JR.; from El Paso County; 8th Court of Appeals District (08-21-00054-CV, 625 SW3d 887, 04-22-21)
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED:
21-0884
IN RE HYDROCHEM LLC; from Harris County; 1st Court of Appeals District (01-21-00087-CV, ___ SW3d ___, 09-21-21)
 
unopposed motion to dismiss petition for writ of mandamus granted
A STAY IS ISSUED IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS:
21-1063
IN RE CHRISTOPHER S. KAPPMEYER AND ROXANA P. KAPPMEYER; from Aransas County; 13th Court of Appeals District (13-21-00344-CV, ___ SW3d ___, 11-30-21)
 
relators' emergency motion for stay of trial court's order granted
stay order issued
response requested due by December 27, 2021
 
[Note: The petition for writ of mandamus remains pending before this Court.]