Supreme Court

July 14, 2023 

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THE SUPREME COURT OF TEXAS
Orders Pronounced July 14, 2023
 
ORDERS ON CAUSES
22-1076
IN RE COMMITMENT OF TIMOTHY DANIEL RENSHAW; from Wood County; 6th Court of Appeals District (06-22-00079-CV, ___ SW3d ___, 11-01-22)
 
motion for rehearing granted in part
denial of petition for writ of habeas corpus on March 10, 2023, withdrawn
petition for writ of habeas corpus, being treated as petition for writ of mandamus, reinstated
 
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants mandamus relief and directs the court of appeals to withdraw its previous opinion and reconsider Renshaw’s habeas corpus petition as a petition for writ of mandamus.

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

THE FOLLOWING CAUSES ARE RESET FOR ORAL ARGUMENT:
22-0102
THE CITY OF DALLAS v. THE EMPLOYEES' RETIREMENT FUND OF THE CITY OF DALLAS; from Dallas County; 5th Court of Appeals District (05-20-00494-CV, 636 SW3d 692, 10-29-21)
 
unopposed motion to reschedule oral argument granted
 
[Note: This cause has been reset for oral argument at 9:00 a.m., October 4, 2023.]
Time allotted to argue: 15/20/5 minutes
 
22-0166
GEORGE FLEMING AND FLEMING & ASSOCIATES, L.L.P. v. REBECCA WILSON, ET AL.; from Harris County; 14th Court of Appeals District (14-17-00223-CV, ___ SW3d ___, 11-04-21)
 
unopposed motion to reschedule oral argument granted
 
[Note: This cause has been reset for oral argument at 9:00 a.m., October 24, 2023.]
Time allotted to argue: 20/20 minutes
 
(Justice Busby not participating)
 
22-0410
MICHIEL R. NOE, M.D., INDIVIDUALLY AND D/B/A SUN CITY WOMEN'S HEALTH CARE v. GRISSEL A. VELASCO; from El Paso County; 8th Court of Appeals District (08-19-00287-CV, 645 SW3d 850, 04-08-22)
 
unopposed motion to reschedule oral argument granted
 
[Note: This cause has been reset for oral argument at 9:00 a.m., November 28, 2023.]
Time allotted to argue: 20/20 minutes
 
22-0435
DOROTHY HAMPTON v. LEONARD THOME; from Jefferson County; 9th Court of Appeals District (09-20-00022-CV, ___ SW3d ___, 03-17-22)
 
unopposed motion to reschedule oral argument granted
 
~ consolidated for oral argument with ~
 
22-0609
ACADIAN AMBULANCE SERVICE, INC. AND ACADIAN AMBULANCE SERVICE OF TEXAS, LLC v. GARY LEW MAYPOLE, SR., INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF GARY LEW MAYPOLE II, DECEASED, AND TAMARA JEAN MAYPOLE AS NEXT FRIEND OF H.K.M. AND D.T.M., MINORS; from Dallas County; 5th Court of Appeals District (05-18-00539-CV, 647 SW3d 533, 06-10-22)
 
unopposed motion to reschedule oral argument granted
 
[Note: The causes have been reset for oral argument at 9:00 a.m., September 14, 2023.]
Time allotted to argue: 30/30 minutes
 
22-0678
RACHEL LAUREN GOLDSTEIN v. JAMES SABATINO; from Harris County; 1st Court of Appeals District (01-21-00028-CV, 649 SW3d 841, 06-30-22)
 
motion to reschedule oral argument granted
 
[Note: This cause has been reset for oral argument at 9:00 a.m., October 3, 2023.]
Time allotted to argue: 20/20 minutes
ORDERS ON CASES GRANTED
THE FOLLOWING CERTIFIED QUESTION FROM THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT IS ACCEPTED:
23-0525
LINDA MOORE; THOMAS MOORE, JR. v. WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST 2004-OPT2, MORTGAGE PASS-THROUGH CERTIFICATES; PHH MORTGAGE CORPORATION (U.S. Fifth Circuit 22-20138)
 
[Note: This case has been set for oral argument at 9:00 a.m., October 25, 2023.]
Time allotted to argue: 20/20 minutes
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
22-0671
IN RE THE COMMITMENT OF TIMOTHY DANIEL RENSHAW; from Wood County; 6th Court of Appeals District (06-22-00034-CV, ___ SW3d ___, 06-09-22)
 
as amended
 
22-0781
IN RE COMMITMENT OF LONNIE KADE WELSH; from Montgomery County; 9th Court of Appeals District (09-21-00303-CV, 661 SW3d 861, 07-28-22)
 
23-0085
MICHAEL W. GIOFFREDI v. THE RETREAT AT RIVERSTONE; from Fort Bend County; 1st Court of Appeals District (01-21-00627-CV, ___ SW3d ___, 12-29-22)
 
motion to correct record dismissed
 
23-0203
WASSAR LOGISTICS HOLDINGS, LLC v. MARTIN KROESCHE, STEVE SCHONEFELD AND WASSAR LOGISTICS, INC.; from Harris County; 1st Court of Appeals District (01-20-00047-CV, ___ SW3d ___, 01-31-23)
 
23-0375
B/K SERIES INVESTORS, LLC v. ECOM SERIES INVESTORS, LLC; from Dallas County; 5th Court of Appeals District (05-22-00115-CV, ___ SW3d ___, 04-07-23)
 
23-0417
IN RE THE COMMITMENT OF JACK ALLEN HALE, JR.; from Tarrant County; 2nd Court of Appeals District (02-21-00373-CV, ___ SW3d ___, 03-02-23)
 
motion to recuse denied in accordance with Tex. R. App. P. 16.3
 
23-0424
ERIC D. BURNS v. FAIRY JEAN BURNS; from Smith County; 12th Court of Appeals District (12-22-00256-CV, ___ SW3d ___, 04-20-23)
 
23-0497
IN THE INTEREST OF G.K., A CHILD; from Knox County; 11th Court of Appeals District (11-22-00341-CV, ___ SW3d ___, 05-25-23)
A STAY IS ISSUED IN THE FOLLOWING PETITION FOR REVIEW:
22-0830
LENNAR HOMES OF TEXAS INC.; LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD.; LENNAR HOMES OF TEXAS SALES AND MARKETING, LTD. v. MOHAMMAD RAFIEI; from Harris County; 14th Court of Appeals District (14-21-00431-CV, 652 SW3d 532, 08-16-22)
 
emergency motion to stay proceedings granted
stay order issued
 
[Note: The petition for review remains pending before this Court.]
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
23-0197
ZENA LAND DEVELOPMENT LP AND TRAILWOOD INVESTMENTS LP v. CONNER LEE EDWARDS AND ROBIN BOONE; from Dallas County; 5th Court of Appeals District (05-21-00156-CV, ___ SW3d ___, 12-15-22)
 
23-0218
IN THE INTEREST OF J.R.-H. AND A.R.-H., CHILDREN; from Denton County; 2nd Court of Appeals District (02-23-00019-CV, ___ SW3d ___, 03-09-23)
 
23-0239
CONTINENTAL IMPORTS, INC., D/B/A MERCEDES-BENZ OF AUSTIN v. MERCEDES-BENZ USA, LLC; BOARD OF THE TEXAS DEPARTMENT OF MOTOR VEHICLES, WHITNEY BREWSTER, IN HER OFFICIAL CAPACITY AS EXECUTIVE DIRECTOR OF THE TEXAS DEPARTMENT OF MOTOR VEHICLES; AND SWICKARD AUSTIN, LLC D/B/AMERCEDES-BENZ OF SOUTH AUSTIN; from Travis County; 3rd Court of Appeals District (03-21-00377-CV, ___ SW3d ___, 01-06-23)
MISCELLANEOUS
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
23-0426
IN RE FRANK THOMAS SHUMATE AND CINCH ENERGY SERVICES; from Nueces County; 13th Court of Appeals District (13-23-00150-CV, ___ SW3d ___, 05-18-23)