Supreme Court

January 7, 2022 

Print-Friendly

Texas State Seal
THE SUPREME COURT OF TEXAS
Orders Pronounced January 7, 2022
 
ORDERS ON CASES GRANTED
THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
21-0241
TOYOTA MOTOR SALES, U.S.A., INC. AND TOYOTA MOTOR CORPORATION v. BENJAMIN THOMAS REAVIS AND KRISTI CAROL REAVIS, INDIVIDUALLY AND AS NEXT FRIENDS OF E.R. AND O.R., MINOR CHILDREN; from Dallas County; 5th Court of Appeals District (05-19-00284-CV, ___ SW3d ___, 02-04-21)
 
abatement order issued December 8, 2021, lifted
petition reinstated
joint motion to dismiss appeal granted as follows:

Pursuant to Texas Rule of Appellate Procedure 56.3, without considering the merits, the Court grants the petitions for review, vacates the judgment of the court of appeals and dismisses the case.
 
(Justice Bland not participating)
 
21-0575
TOYOTA MOTOR SALES, U.S.A., INC. AND TOYOTA MOTOR CORPORATION v. BENJAMIN THOMAS REAVIS AND KRISTI CAROL REAVIS, INDIVIDUALLY AND AS NEXT FRIENDS OF E.R. AND O.R., MINOR CHILDREN; from Dallas County; 5th Court of Appeals District (05-19-00075-CV, 627 SW3d 713, 06-03-21)
 
abatement order issued December 3, 2021, lifted
petition reinstated
joint motion to dismiss appeal granted as follows:

Pursuant to Texas Rule of Appellate Procedure 56.3, without considering the merits, the Court grants the petitions for review, vacates the judgments of the court of appeals and trial court, and dismisses the case.
 
(Justice Bland not participating)
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
21-0625
KENNETH A. BITGOOD v. STEPHEN S. HARKNESS AND ANNA M. HARKNESS; from Montgomery County; 9th Court of Appeals District (09-20-00263-CV, ___ SW3d ___, 06-10-21)
 
21-0730
ALEXANDRA BOSKE, M.D. AND ST. DAVID'S NEUROLOGY, PLLC; GAYATARI VELAYUDHAN NAIR, M.D.; AND AUSTIN INFECTIOUS DISEASE CONSULTANTS, P.A. v. KRISTEN ROUGEAU; from Travis County; 7th Court of Appeals District (07-20-00285-CV, ___ SW3d ___, 07-15-21)
 
2 petitions
 
21-0795
IN THE INTEREST OF C.C., A CHILD; from Bexar County; 4th Court of Appeals District (04-21-00031-CV, ___ SW3d ___, 07-28-21)
 
2 petitions
 
21-0894
DONALD E. HAUSER M.D. v. HARRY READER; from Harris County; 14th Court of Appeals District (14-20-00131-CV, ___ SW3d ___, 06-17-21)
 
21-0895
DEBORAH C. ALEXANDER v. DISH NETWORK L.L.C. AND LORI ANN SULLIVAN; from Cameron County; 13th Court of Appeals District (13-20-00240-CV, ___ SW3d ___, 07-22-21)
 
as redrafted
 
21-0914
ADRIAN GILLIARD v. COURTNEY LUMME, DFPS INVESTIGATOR, JEAN LONG, DFPS SUPERVISOR, KEITH DOWNS, DFPS ATTORNEY, LESLIE WALLRATH, ATTORNEY AD LITEM, CHRISTINA FULLER, LESLIE SIMS, CHRIS SKINNER, BRANDY BAKER, CEANNE SPENCE, & CHRISTI GATLIN; from Freestone County; 10th Court of Appeals District (10-21-00187-CV, ___ SW3d ___, 08-25-21)
 
21-0922
KEVIN MILLER AS AGENT FOR MILLER & BICKLEIN v. KIM TINDALL & ASSOCIATES, LLC; from Bexar County; 4th Court of Appeals District (04-20-00471-CV, ___ SW3d ___, 08-18-21)
 
21-0925
OSMAN M. ALIKHAN v. SARA JO ALIKHAN; from Travis County; 3rd Court of Appeals District (03-19-00515-CV, ___ SW3d ___, 07-22-21)
 
21-0926
MOMENTUM DESIGN AND CONSTRUCTION, INC. v. BERNARDO L. GONZALEZ; from El Paso County; 8th Court of Appeals District (08-19-00004-CV, ___ SW3d ___, 09-09-21)
 
21-0988
IN RE COMMITMENT OF CEDRIC AUSBIE; from Harris County; 14th Court of Appeals District (14-18-00167-CV, ___ SW3d ___, 05-18-21)
 
21-0993
IN THE INTEREST OF F.H. AND I.H., CHILDREN; from Hood County; 2nd Court of Appeals District (02-21-00190-CV, ___ SW3d ___, 11-10-21)
 
motion to withdraw as counsel granted
 
21-0996
IN RE THE COMMITMENT OF VICTOR DEWAYNE JACKSON; from Dallas County; 5th Court of Appeals District (05-20-00519-CV, ___ SW3d ___, 10-06-21)
 
21-1013
IN RE THE COMMITMENT OF TERRY HORNBUCKLE; from Tarrant County; 2nd Court of Appeals District (02-20-00308-CV, ___ SW3d ___, 10-14-21)
 
21-1016
AL WININGER AND BARBARA WININGER v. U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE HOLDERS OF THE CITIGROUP MORTGAGE LOAN TRUST INC ASSET-BACKED PASS-THROUGH CERTIFICATES SERIES 2005-HE3; from Collin County; 5th Court of Appeals District (05-20-00455-CV, ___ SW3d ___, 11-04-21)
 
21-1044
IN THE INTEREST OF R.S.M., C.L.W., AND L.W., CHILDREN; from Nacogdoches County; 12th Court of Appeals District (12-21-00099-CV, ___ SW3d ___, 10-20-21)
 
21-1048
IN THE INTEREST OF J.L., E.M., AND D.M., CHILDREN; from Wichita County; 2nd Court of Appeals District (02-21-00131-CV, ___ SW3d ___, 10-07-21)
 
21-1068
IN THE INTEREST OF D.H.G. AND M.E.G., CHILDREN; from Bexar County; 4th Court of Appeals District (04-21-00183-CV, ___ SW3d ___, 11-03-21)
 
21-1078
IN THE INTEREST OF U.L., JR., A CHILD; from Tarrant County; 2nd Court of Appeals District (02-21-00218-CV, ___ SW3d ___, 11-10-21)
 
21-1101
IN THE INTEREST OF H.A.J.R., L.R.R., AND M.R.R., CHILDREN; from Bexar County; 4th Court of Appeals District (04-21-00220-CV, ___ SW3d ___, 11-03-21)
 
21-1124
IN THE INTEREST OF E.A.C., A CHILD; from Hutchinson County; 7th Court of Appeals District (07-21-00145-CV, ___ SW3d ___, 11-16-21)
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
21-0390
BELMONT VILLAGE HUNTERS CREEK TRS, LLC, BELMONT THREE, LLC, BELMONT VILLAGE HUNTERS CREEK, LLC, BELMONT VILLAGE, L.P. AND BELMONT BP INVESTORS, LLC v. WILLIAM MARSHALL, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF CHARLOTTE MARSHALL, DECEASED, CATHERINE MARSHALL AND DAVID MARSHALL; from Harris County; 1st Court of Appeals District (01-18-00984-CV, ___ SW3d ___, 08-20-20)
 
(Justice Young not participating)
 
21-0558
FOUR J'S COMMUNITY LIVING CENTER, INC. AND ANTHONIA UDUMA v. PATTI J. WAGNER, AS GUARDIAN OF JENNY ANN WAGNER, AN INCAPACITATED ADULT; from Harris County; 1st Court of Appeals District (01-19-00346-CV, 630 SW3d 502, 05-20-21)
 
21-0694
LATRICHA SMITH AND BRYAN JAMES SMITH v. BAILEY HAMMONDS; from Brazoria County; 1st Court of Appeals District (01-19-00866-CV, ___ SW3d ___, 07-01-21)
 
21-0742
SIMONE BARRON AND WALID YAMMINE v. ISSAM AL SHMAISANI AND SHARON SMITH; from Tarrant County; 2nd Court of Appeals District (02-19-00064-CV, ___ SW3d ___, 06-03-21)
 
emergency motion and request for stay dismissed as moot
 
21-0764
JENNY DAY AND GUILLERMO MORENO v. CLASSIC AUTOPLEX GM LLC CLASSIC CHEVROLET BUICK GMC CADILLAC; from Galveston County; 1st Court of Appeals District (01-19-00744-CV, ___ SW3d ___, 04-27-21)
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
21-0827
IN RE JOHN C. PETERSON
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DISMISSED:
21-0476
IN RE AGUSTIN ESTRADA, INDIVIDUALLY AND DOING BUSINESS AS A E TRUCKING; from Bexar County; 4th Court of Appeals District (04-21-00221-CV, ___ SW3d ___, 06-09-21)
 
stay order issued June 11, 2021, lifted
joint motion to dismiss granted
 
21-1056
IN RE CHARLES A. WATSON; from Harris County; 14th Court of Appeals District (14-21-00705-CV, ___ SW3d ___, 12-08-21)
 
stay order issued December 8, 2021, lifted
unopposed motion to dismiss granted
 
21-1107
IN RE NESTLE WATER NORTH AMERICA, INC. AND ROBERT LEE SEWELL, SR.; from Harris County; 14th Court of Appeals District (14-21-00334-CV, ___ SW3d ___, 12-21-21)
 
motion to dismiss granted
emergency motion for stay dismissed
 
21-1108
IN RE NESTLE WATER NORTH AMERICA, INC. AND ROBERT LEE SEWELL, SR.; from Harris County; 14th Court of Appeals District (14-21-00335-CV, ___ SW3d ___, 12-21-21)
 
motion to dismiss granted
emergency motion for stay dismissed