Supreme Court

May 28, 2021 

Print-Friendly

Texas State Seal
THE SUPREME COURT OF TEXAS
Orders Pronounced May 28, 2021
 
ORDERS ON CAUSES
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, 607 SW3d 358, 10-29-19)
 
stay order issued April 3, 2020, lifted
 
The Court conditionally grants the writ of mandamus.

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

Justice Huddle delivered a concurring opinion, in which Justice Bland joined, and Justice Guzman joined as to parts II(A) and III.
19-1035
ANGELA DAVIS, AS PRESIDENT OF NEA-DALLAS (A LOCAL AFFILIATE OF TEXAS STATE TEACHERS ASSOCIATION), ON BEHALF OF ALL AFFECTED MEMBERS AND NAMED INDIVIDUALS v. MIKE MORATH, COMMISSIONER OF EDUCATION OF THE STATE OF TEXAS, AND DALLAS INDEPENDENT SCHOOL DISTRICT, A PUBLIC BODY CORPORATE; from Travis County; 3rd Court of Appeals District (03-18-00377-CV, 590 SW3d 80, 10-17-19)
 
3 petitions
 
The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the Commissioner.

Justice Blacklock delivered the opinion of the Court.
20-0290
AEROTEK, INC. v. LERONE BOYD, MICHAEL MARSHALL, JIMMY ALLEN, AND TROJUAN CORNETT; from Dallas County; 5th Court of Appeals District (05-18-00579-CV, ___ SW3d ___, 08-27-19)
 
stay order issued December 11, 2020, lifted
 
The Court reverses the court of appeals' judgment and remands the case to the trial court.

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

Justice Boyd delivered a dissenting opinion.
20-0424
IN THE ESTATE OF DEMPSEY JOHNSON, DECEASED; from Kaufman County; 5th Court of Appeals District (05-18-01193-CV, ___ SW3d ___, 11-04-19)
 
The Court reverses the court of appeals' judgment and renders judgment.

Justice Bland delivered the opinion of the Court.
ORDERS ON CASES GRANTED
THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
19-0831
COURTNEY N. PHILLIPS, EXECUTIVE COMMISSIONER; SYLVIA HERNANDEZ KAUFFMAN, INSPECTOR GENERAL; AND TEXAS HEALTH AND HUMAN SERVICES COMMISSION v. JOHN MCNEILL, JR., R.PH.; AND NICHOLS SOUTHSIDE PHARMACY; from Travis County; 14th Court of Appeals District (14-18-00278-CV, 585 SW3d 109, 08-20-19)
 
[Note: The date and time for oral argument are yet to be determined.]
 
20-0270
NICOLE VAN DORN PRESTON, AS SURVIVING SPOUSE AND PERSONAL REPRESENTATIVE FOR THE ESTATE OF LT. J. WESLEY VAN DORN, USN, DECEASED; AMY SNYDER, AS SURVIVING SPOUSE AND PERSONAL REPRESENTATIVE FOR THE ESTATE OF LT. SEAN CHRISTOPHER SNYDER, USN, DECEASED; CHEYENNE COLLINS, AS SURVIVING SPOUSE AND PERSONAL REPRESENTATIVE FOR THE ESTATE OF PETTY OFFICER 3RD CLASS BRIAN ANDREW COLLINS, USN, DECEASED; AND PETTY OFFICER 2ND CLASS DYLAN MORGAN BOONE, USN v. M1 SUPPORT SERVICES, L.P.; from Denton County; 2nd Court of Appeals District (02-18-00348-CV, ___ SW3d ___, 03-05-20)
 
motion for rehearing granted
denial of petition for review on January 22, 2021, withdrawn
petition reinstated
 
[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:
20-0703
COLLABORATIVE IMAGING, LLC AND DHRUVA CHOPRA v. ZOTEC PARTNERS, LLC AND EMPHYSIS MEDICAL MANAGEMENT, LLC; from Collin County; 5th Court of Appeals District (05-19-01256-CV, ___ SW3d ___, 06-12-20)
 
20-0797
ROUND TABLE PHYSICIANS GROUP, PLLC v. NATALIE MEDINA; from Harris County; 14th Court of Appeals District (14-19-00412-CV, 609 SW3d 299, 08-25-20)
 
20-0871
STANDARD E&S, LLC D/B/A STANDARD ENERGY SERVICES v. MESQUITE SERVICES, LLC, BLACK WATER RENTALS, LLC, AYRIC WRIGHT, INDIVIDUALLY, AND GENE HORNBECK, INDIVIDUALLY; from Lubbock County; 7th Court of Appeals District (07-19-00440-CV, 610 SW3d 548, 09-15-20)
 
21-0012
IN THE INTEREST OF B.K.G.D. AKA B.G., A CHILD; from Harris County; 1st Court of Appeals District (01-20-00057-CV, ___ SW3d ___, 07-02-20)
 
21-0051
DURANT BANCORP, INC., NAB ACQUISITION CORP., FIRST UNITED BANK & TRUST COMPANY; NORTH AMERICAN BANCSHARES, INC. & AMERICAN BANK OF TEXAS v. COMMERCE STREET CAPITAL, LLC; from Dallas County; 5th Court of Appeals District (05-19-00343-CV, ___ SW3d ___, 12-22-20)
 
21-0420
IN THE INTEREST OF J.O.G.A., J.A.G.A., D.O.G., AND R.G., CHILDREN; from Howard County; 11th Court of Appeals District (11-20-00262-CV, ___ SW3d ___, 05-06-21)
 
motion to withdraw as counsel granted
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
20-0419
EDUARDO ORIHUELA v. JUAN ENRIQUEZ; from Galveston County; 14th Court of Appeals District (14-18-00147-CV, ___ SW3d ___, 12-17-19)
 
20-0502
MICHAEL AMEND AND LOWE’S COMPANIES, INC. v. J.C. PENNEY CORPORATION, INC.; from Collin County; 5th Court of Appeals District (05-19-00723-CV, ___ SW3d ___, 03-31-20)
 
(Justice Huddle not participating)
 
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)
 
20-0877
HENRY STEPHENSON BYRD, MD, ET AL. v. ROLANDA HUTTON AND BRYAN HUTTON; from Dallas County; 5th Court of Appeals District (05-19-01191-CV, ___ SW3d ___, 07-16-20)
 
21-0103
DIPANKAR CHANDRA v. LEONARDO DRS, INC. AND DRS NETWORK & IMAGING SERVICES, LLC; from Dallas County; 6th Court of Appeals District (06-20-00056-CV, ___ SW3d ___, 11-24-20)
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
21-0347
IN RE MARK A. CANTU; from Hidalgo County; 13th Court of Appeals District (13-21-00004-CV, ___ SW3d ___, 02-24-21)
 
21-0379
IN RE HEIDI SILVA; from Harris County; 14th Court of Appeals District (14-21-00192-CV)
 
motion for temporary relief denied
 
21-0424
IN RE CERTAIN UNDERWRITERS AT LLOYD'S, LONDON SUBSCRIBING TO POLICY NO. NGW43482016'S AND THOMAS J. BROWNFIELD; from Bexar County; 4th Court of Appeals District (04-21-00190-CV, ___ SW3d ___, 05-26-21)
 
emergency motion for temporary relief denied
 
21-0435
IN RE NATIONWIDE COIN AND BULLION RESERVE, INC., TURNER M. JONES, LAWRENCE KUYKENDALL, LARRY ANDREWS, DONALD FOGO AND MELIDA JONES; from Harris County; 14th Court of Appeals District (14-19-00632-CV, ___ SW3d ___, 11-17-20)
 
emergency motion to stay denied, as supplemented