Supreme Court

April 26, 2024 

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THE SUPREME COURT OF TEXAS
Orders Pronounced April 26, 2024
 
ORDERS ON CAUSES
21-0955
FRANK THOMAS SHUMATE JR. D/B/A F.T.S. TRUCKING v. BERRY CONTRACTING, L.P. D/B/A BAY, LTD.; from Nueces County; 13th Court of Appeals District (13-19-00382-CV, ___ SW3d ___, 07-15-21)
 
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the judgments of the trial court and the court of appeals and remands the case to the trial court.

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

22-0719
IN RE AUTOZONERS, LLC; from El Paso County; 8th Court of Appeals District (08-21-00062-CV, 649 SW3d 774, 06-07-22)
 
relator's motion to strike dismissed as moot
 
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the writ of mandamus.

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

22-0913
HUNTLEY FORT GILL, ROBYN G. ATTAWAY, AND MIRIAM G. STIRN v. DAVID HILL, INDIVIDUALLY AND D/B/A DOH OIL COMPANY; from Reeves County; 8th Court of Appeals District (08-20-00081-CV, 658 SW3d 618, 08-30-22)
 
The Court vacates the judgments of the trial court and the court of appeals and remands the case to the trial court.

Justice Huddle delivered the opinion of the Court.
22-1014
IN RE WEATHERFORD INTERNATIONAL, LLC AND WEATHERFORD SERVICES, LTD.; from Harris County; 1st Court of Appeals District (01-21-00570-CV, ___ SW3d ___, 10-13-22)
 
motion for temporary relief dismissed as moot
 
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the writ of mandamus.

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

23-0565
LUKE HOGAN, ON BEHALF OF HIMSELF AND OTHER INDIVIDUALS SIMILARLY SITUATED v. SOUTHERN METHODIST UNIVERSITY, AND OTHER AFFILIATED ENTITIES AND INDIVIDUALS (U.S. Fifth Circuit 22-10433)
 
The Court answers the question certified by the United States Court of Appeals for the Fifth Circuit.

Justice Blacklock delivered the opinion of the Court.
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
24-0038
IN THE GUARDIANSHIP OF GARY L. LYNCH, AN INCAPACITATED PERSON; from Parker County; 2nd Court of Appeals District (02-23-00214-CV, ___ SW3d ___, 11-16-23)
 
24-0099
IN THE INTEREST OF A.B., A CHILD; from Grayson County; 5th Court of Appeals District (05-23-00667-CV, ___ SW3d ___, 12-22-23)
 
counsel's motion to withdraw granted
 
24-0209
IN THE INTEREST OF K.B., A CHILD; from Harris County; 1st Court of Appeals District (01-23-00658-CV, ___ SW3d ___, 02-27-24)
 
2 petitions
counsels' motions to withdraw granted
 
24-0226
IN THE INTEREST OF C.W., A CHILD; from Tarrant County; 2nd Court of Appeals District (02-23-00414-CV, ___ SW3d ___, 02-15-24)
 
24-0301
IN THE INTEREST OF C.K.T., A CHILD; from Navarro County; 10th Court of Appeals District (10-23-00288-CV, ___ SW3d ___, 02-29-24)
 
24-0305
IN THE INTEREST OF H.R.S.; from Montgomery County; 9th Court of Appeals District (09-23-00375-CV, ___ SW3d ___, 04-04-24)
THE FOLLOWING PETITIONS FOR REVIEW ARE DISMISSED:
23-0717
SPEEDY CAR WASH, INCORPORATED AND CARLOS A. GUERRA, GUARANTOR v. GERALD SHER, SUSAN SHER, SPECIALTY CUISINE, INC. D/B/A ISLE WASH AND ANDREW SHER, TRUSTEE; from Cameron County; 13th Court of Appeals District (13-20-00492-CV, ___ SW3d ___, 05-11-23)
 
See TEX. R. APP. P. 5
 
23-0718
SPEEDY CAR WASH, INC. AND CARLOS A. GUERRA, GUARANTOR v. GERALD SHER, SUSAN SHER, SPECIALTY CUISINE, INC. D/B/A ISLE WASH AND ANDREW SHER, TRUSTEE; from Cameron County; 13th Court of Appeals District (13-21-00425-CV, ___ SW3d ___, 05-11-23)
 
See TEX. R. APP. P. 5
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
23-0498
RYAN CHANCE NEEL AND AMANDA NEEL v. TEXAS REAL ESTATE COMMISSION; from Tarrant County; 2nd Court of Appeals District (02-22-00327-CV, ___ SW3d ___, 05-18-23)
 
24-0027
DARRELL TRACY JOHNSON v. DAVID GUILLORY, KITTY GUILLORY AND DOUBLE RCG, LLC; from Harris County; 14th Court of Appeals District (14-22-00396-CV, ___ SW3d ___, 11-21-23)
 
motion for rehearing of motion to stay dismissed as moot
MISCELLANEOUS
A STAY IS ISSUED IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS:
24-0333
IN RE ELAMEX, S.A. DE C.V., ELAMEX USA, CORP., AND MOUNT FRANKLIN FOODS L.L.C.; from El Paso County; 8th Court of Appeals District (08-23-00246-CV, ___ SW3d ___, 04-04-24)
 
relators' unopposed motion for temporary relief granted
stay order issued
 
[Note: The petition for writ of mandamus remains pending before this Court.]