|
THE SUPREME COURT OF TEXAS
|
|
Orders Pronounced January 13, 2023
|
| |
|
ORDERS ON CAUSES
|
|
21-0194
|
THE TEXAS EDUCATION AGENCY; MIKE MORATH, COMMISSIONER OF EDUCATION IN HIS OFFICIAL CAPACITY; AND DORIS DELANEY, IN HER OFFICIAL CAPACITY v. HOUSTON INDEPENDENT SCHOOL DISTRICT; from Travis County; 3rd Court of Appeals District (03-20-00025-CV, 609 SW3d 569, 12-30-20)
|
| |
The Court reverses the court of appeals' judgment, vacates the temporary injunction, and remands the case to the trial court.
Justice Bland delivered the opinion of the Court.
|
|
21-0291
|
TEXAS MEDICINE RESOURCES, LLP; TEXAS PHYSICIAN RESOURCES, LLP; AND PEDIATRIC EMERGENCY MEDICINE GROUP, LLP, v. MOLINA HEALTHCARE OF TEXAS, INC.; from Dallas County; 5th Court of Appeals District (05-19-01447-CV, 620 SW3d 458, 02-23-21)
|
| |
The Court affirms the court of appeals' judgment.
|
| |
~ consolidated for oral argument with ~
|
|
22-0138
|
UNITEDHEALTHCARE INSURANCE COMPANY; UNITEDHEALTHCARE OF TEXAS, INC. v. ACS PRIMARY CARE PHYSICIANS SOUTHWEST, P.A.; HILL COUNTY EMERGENCY MEDICAL ASSOCIATES, P.A.; LONGHORN EMERGENCY MEDICAL ASSOCIATES, P.A.; CENTRAL TEXAS EMERGENCY ASSOCIATES, P.A.; EMERGENCY ASSOCIATES OF CENTRAL TEXAS, P.A.; EMERGENCY SERVICES OF TEXAS, P.A. (U.S. Fifth Circuit 21-20168)
|
| |
The Court answers the question certified by the United States Court of Appeals for the Fifth Circuit.
|
|
21-0913
|
MARCUS & MILLICHAP REAL ESTATE INVESTMENT SERVICES OF NEVADA, INC. v. TRIEX TEXAS HOLDINGS, LLC, AND BRYAN WEINER; from Lubbock County; 7th Court of Appeals District (07-20-00107-CV, ___ SW3d ___, 09-23-21)
|
| |
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and reinstates the trial court's judgment.
|
|
THE FOLLOWING CAUSES ARE RESET FOR ORAL ARGUMENT:
|
|
21-0130
|
THE STATE OF TEXAS v. VOLKSWAGEN AKTIENGESELLSCHAFT; from Travis County; 3rd Court of Appeals District (03-19-00453-CV, ___ SW3d ___, 12-22-20)
|
| |
~ consolidated for oral argument with ~
|
| |
|
21-0133
|
THE STATE OF TEXAS v. AUDI AKTIENGESELLSCHAFT; from Travis County; 3rd Court of Appeals District (03-20-00022-CV, ___ SW3d ___, 12-22-20)
|
| |
[Note: These cases have been reset for oral argument at 9:00 a.m., February 21, 2023.]
Time allotted to argue: 20/20 minutes
Chief Justice Sudderth and Justice Tijerina sitting by commission pursuant to Section 22.005 of the Texas Government Code.
|
| |
(Justice Blacklock and Justice Young not participating)
|
|
THE MOTION IN THE FOLLOWING CAUSE IS DENIED:
|
|
22-0313
|
PECOS COUNTY APPRAISAL DISTRICT AND KINDER MORGAN PRODUCTION COMPANY, LLC, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO KINDER MORGAN PRODUCTION COMPANY, LP v. IRAAN-SHEFFIELD INDEPENDENT SCHOOL DISTRICT; from Pecos County; 8th Court of Appeals District (08-20-00122-CV, 645 SW3d 827, 04-08-22)
|
| |
respondent's motion to recuse denied
|
| |
(Justice Bland not participating)
|
|
ORDERS ON CASES GRANTED
|
|
THE FOLLOWING PETITION FOR REVIEW IS GRANTED:
|
|
22-0113
|
NORMA JEAN FARLEY v. GABRIEL MIRANDA JR., DECEASED, MARIA FUENTES, GABRIEL MIRANDA SR., ALEXANDRA SUZANNE DELEON, REUBEN ANTONIO DELEON III, AND JON HIDALGO DOE; from Hidalgo County; 13th Court of Appeals District (13-21-00061-CV, ___ SW3d ___, 01-06-22)
|
| |
abatement order issued November 4, 2022, lifted
petition reinstated
joint motion to effectuate settlement 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 judgment of the court of appeals, and remands the case to the court of appeals for consideration of the parties’ request that the court withdraw its opinion and to dismiss the appeal and underlying lawsuit in accordance with the parties’ settlement agreement.
|
|
ORDERS ON PETITIONS FOR REVIEW
|
|
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
|
|
20-0996
|
DARYL GREG SMITH v. KAREN ANNETTE SMITH; from Tarrant County; 2nd Court of Appeals District (02-20-00064-CV, ___ SW3d ___, 11-05-20)
|
| |
|
| |
|
22-0699
|
JOHN DOUGLAS MITCHELL, JR. v. THE STATE OF TEXAS; from Jefferson County; 9th Court of Appeals District (09-20-00230-CV, ___ SW3d ___, 06-23-22)
|
| |
|
22-0894
|
TOMAS G. RIOS, M.D. v. BELLA PATEL, M.D., F.C.C.P., RICHARD W. SMALLING, M.D., PH.D., RACKSHUNDA MAJID, PH.D. AND FRANCISCO FUENTES, M.D.; from Harris County; 1st Court of Appeals District (01-20-00856-CV, ___ SW3d ___, 08-25-22)
|
| |
|
22-0895
|
CITY OF HOUSTON v. SHADI M. SUKHTA; from Harris County; 1st Court of Appeals District (01-21-00703-CV, ___ SW3d ___, 06-21-22)
|
| |
|
22-0897
|
EUGENE SCOTT CRIST, VENTURE PUBLIC PARTNERS, LLP AND ATV III GP, LLC v. RICK C. SPUNG; from Harris County; 1st Court of Appeals District (01-20-00736-CV, ___ SW3d ___, 08-25-22)
|
| |
|
22-0989
|
VICTOR ANTHONY CHARLES v. CHERYL HARRIS DIGGS; from Harris County; 14th Court of Appeals District (14-21-00377-CV, ___ SW3d ___, 08-09-22)
|
| |
|
22-1012
|
JESSICA VARNER v. CITY OF ANDREWS, TEXAS; from Andrews County; 8th Court of Appeals District (08-20-00072-CV, ___ SW3d ___, 09-28-22)
|
| |
|
22-1020
|
IN THE MATTER OF D.M.T., A JUVENILE; from Howard County; 11th Court of Appeals District (11-21-00121-CV, ___ SW3d ___, 09-22-22)
|
| |
|
22-1032
|
IN THE INTEREST OF K.R., A CHILD; from Nueces County; 13th Court of Appeals District (13-22-00316-CV, ___ SW3d ___, 10-20-22)
|
| |
|
22-1058
|
ADRIENE LEWIS SIBLEY v. CITY OF FREEPORT, BRAZORIA COUNTY, BRAZOSPORT COLLEGE, BRAZOSPORT INDEPENDENT SCHOOL DISTRICT, PORT FREEPORT, SPECIAL ROAD AND BRIDGE DISTRICT AND VELASCO DRAINAGE DISTRICT; from Brazoria County; 1st Court of Appeals District (01-20-00602-CV, ___ SW3d ___, 08-30-22)
|
| |
|
22-1086
|
MELISSA WALLACE AND TOP DRAWER PROPERTY SOLUTIONS, LLC v. FIDELITY NATIONAL TITLE INSURANCE COMPANY; from Bexar County; 4th Court of Appeals District (04-21-00164-CV, ___ SW3d ___, 08-24-22)
|
| |
|
22-1088
|
IN THE INTEREST OF K.C.W., A CHILD; from Nueces County; 13th Court of Appeals District (13-22-00220-CV, ___ SW3d ___, 10-13-22)
|
| |
|
22-1090
|
LAW OFFICES OF DAVID W. SHOWALTER, LLP v. IRON TIGGA, LLC AND ABRAHAM QUINTANILLA III; from Nueces County; 13th Court of Appeals District (13-21-00459-CV, ___ SW3d ___, 10-20-22)
|
| |
|
22-1141
|
S.W. v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Milam County; 3rd Court of Appeals District (03-22-00189-CV, ___ SW3d ___, 11-04-22)
|
|
ORDERS ON MOTIONS FOR REHEARING
|
|
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
|
|
22-0534
|
IN THE INTEREST OF E.J.G., Z.M.E.G., AND M.B.G., CHILDREN; from Navarro County; 10th Court of Appeals District (10-21-00217-CV, ___ SW3d ___, 02-25-22)
|
| |
|
22-0739
|
TIANA STAYTON AND MICHAEL CONNER STAYTON v. FCI LENDER SERVICE, INC., WILMINGTON SAVINGS FUND SOCIETY, FSB, AS OWNER TRUSTEE OF THE RESIDENTIAL CREDIT OPPORTUNITIES TRUST V-D, AND WILMINGTON SAVINGS FUND SOCIETY, FSB, AS OWNER TRUSTEE OF THE RESIDENTIAL CREDIT OPPORTUNITIES TRUST V-E; from Tarrant County; 2nd Court of Appeals District (02-21-00084-CV, ___ SW3d ___, 05-26-22)
|
|
MISCELLANEOUS
|
|
A STAY IS ISSUED IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS:
|
|
23-0013
|
IN RE RLB CONTRACTING, INC.; from Harris County; 14th Court of Appeals District (14-21-00399-CV, ___ SW3d ___, 08-23-22)
|
| |
unopposed motion for temporary relief granted
stay order issued
|
| |
[Note: The petition for writ of mandamus remains pending before this Court.]
|
