Supreme Court

April 5, 2024 

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THE SUPREME COURT OF TEXAS
Orders Pronounced April 5, 2024
 
ORDERS ON CAUSES
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)
 
stay order issued July 14, 2023, lifted
stay order issued August 18, 2023, lifted
 
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 remands the case to the trial court.

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

23-0041
ALBERTSONS, LLC D/B/A RANDALL’S; ALBERTSONS COMPANIES, LLC D/B/A RANDALL’S; RANDALL’S FOOD MARKETS, INC. D/B/A RANDALL’S; AND RANDALL’S FOOD & DRUGS LP D/B/A RANDALL’S v. MARYAM MOHAMMADI; from Harris County; 14th Court of Appeals District (14-21-00045-CV, 656 SW3d 851, 12-06-22)
 
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.

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

ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
23-0044
AZTECA INTERNATIONAL CORPORATION D/B/A AZTECA AMERICA, STATIONS GROUP, LLC, NORTHSTAR MCALLEN LICENSE, LLC, TV AZTECA, S.A.B. DE C.V., PUBLIMAX, S.A. DE C.V., AND PATRICIA CHAPOY v. GLORIA DE LOS ANGELES TREVINO RUIZ, ANGEL GABRIEL DE JESUS TREVINO, AND ARMANDO ISMAEL GOMEZ MARTINEZ; from Hidalgo County; 13th Court of Appeals District (13-21-00241-CV, ___ SW3d ___, 12-29-22)
 
23-0895
JOHN STANCU v. GOVERNOR GREG ABBOTT AND THE STATE OF TEXAS; from Dallas County; 5th Court of Appeals District (05-22-00502-CV, ___ SW3d ___, 08-29-23)
 
23-0999
WILLIAM SCHMIDT v. JUAN NAVA; from Kerr County; 4th Court of Appeals District (04-22-00686-CV, ___ SW3d ___, 10-25-23)
 
24-0087
JENNIFER LYN GRAY v. ROBERT CHRISTIAN IVERSEN, M.D. AND RIMA JOFFRION, NP; EMPLOYEES; from Harris County; 14th Court of Appeals District (14-22-00625-CV, ___ SW3d ___, 12-19-24)
 
24-0091
TEXAS DEPARTMENT OF TRANSPORTATION v. DAVID P. SONEFELD; from Tarrant County; 7th Court of Appeals District (07-22-00307-CV, ___ SW3d ___, 12-21-23)
 
24-0092
IN THE MATTER K.H.; from Harris County; 1st Court of Appeals District (01-22-00816-CV, 682 SW3d 567, 08-31-23)
 
24-0112
TEXAS STATE UNIVERSITY v. SYLVIA GUILLEN; from Hays County; 3rd Court of Appeals District (03-23-00333-CV, ___ SW3d ___, 01-04-24)
 
24-0129
IN THE INTEREST OF E.K., A CHILD; from Palo Pinto County; 11th Court of Appeals District (11-23-00179-CV, ___ SW3d ___, 01-04-24)
 
counsel's motion to withdraw granted
 
24-0141
VICTOR J. EDNEY, JR. v. CITY OF WACO, TEXAS; from McLennan County; 13th Court of Appeals District (13-22-00152-CV, ___ SW3d ___, 11-30-23)
 
24-0195
K.B. v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Bell County; 3rd Court of Appeals District (03-23-00745-CV, ___ SW3d ___, 01-31-24)
 
24-0199
IN THE INTEREST OF J.K.G., JR., A CHILD; from Bexar County; 4th Court of Appeals District (04-23-00755-CV, ___ SW3d ___, 01-31-24)
ORDERS ON MOTIONS FOR REHEARING
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS GRANTED:
23-1040
IN RE MAGDOLINE ELHINDI; from Harris County; 14th Court of Appeals District (14-23-00828-CV, ___ SW3d ___, 12-14-23)
 
denial of petition for writ of mandamus on January 12, 2024, withdrawn
mandamus reinstated
 
[Note: The petition for writ of mandamus, as reinstated, remains pending before this Court.]
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
22-0779
OSPRIN II, LLC v. TX 1111 RUSK GP LLC, LEON J. BACKES, RUSK INVESTOR, LLC, AND STONEHENGE CAPITAL COMPANY, LLC; from Harris County; 6th Court of Appeals District (06-21-00085-CV, ___ SW3d ___, 07-08-22)
 
23-0547
IN THE INTEREST OF I.J.K. AND E.A.K., CHILDREN; from El Paso County; 8th Court of Appeals District (08-22-00055-CV, ___ SW3d ___, 04-28-23)
 
23-0648
GROUP OF INVESTORS v. 3CM, LLC D/B/A 3CM MULTIFAMILY; from Bandera County; 4th Court of Appeals District (04-22-00233-CV, ___ SW3d ___, 03-29-23)
 
23-0831
LEWIS FIRST MONDAY, INC. v. CITY OF CANTON; from Van Zandt County; 6th Court of Appeals District (06-23-00027-CV, ___ SW3d ___, 08-03-23)
 
23-0844
EAGLE RAILCAR SERVICES, L.P., EAGLE RAILCAR SERVICES - ROSCOE, INC., EAGLE RAILCAR SERVICES - CAIRO, OHIO, LLC AND EAGLE RAILCAR SERVICES - WICHITA FALLS, TEXAS, LLC v. MATHESON TRI-GAS, INC.; from Anderson County; 12th Court of Appeals District (12-22-00103-CV, ___ SW3d ___, 07-21-23)
 
23-0900
ARTHUR J. SMITH AND DARLENE SMITH v. ANTHONY SIMPSON, ALAN PATTERSON AND CORINTH MISSIONARY BAPTIST CHURCH F.K.A MOUNT CORINTH MISSIONARY BAPTIST CHURCH; from Harris County; 1st Court of Appeals District (01-23-00080-CV, ___ SW3d ___, 07-27-23)
 
2 rehearings
 
23-0937
RAN LI v. YAXIN LI; from Tarrant County; 2nd Court of Appeals District (02-22-00456-CV, ___ SW3d ___, 07-27-23)
 
24-0004
IN THE INTEREST OF S.T.S.; from El Paso County; 8th Court of Appeals District (08-23-00138-CV, ___ SW3d ___, 11-30-23)
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF INJUNCTION IS DENIED:
24-0012
IN RE WILLIAM E. JOHNSON; from Travis County
MISCELLANEOUS
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
23-0511
IN RE BRADLEY HUBBARD, M.D. AND DALLAS PLASTIC SURGERY INSTITUTE; from Dallas County; 5th Court of Appeals District (05-23-00385-CV, ___ SW3d ___, 05-19-23)
 
stay order issued December 22, 2023, lifted
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED:
24-0086
IN RE TERRY RICHARDSON; from Travis County; 3rd Court of Appeals District (03-23-00364-CV, ___ SW3d ___, 01-30-24)
 
joint motion to dismiss granted
stay order issued February 5, 2024, lifted
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS ABATED:
23-0841
IN RE NO LIMIT CONSTRUCTION SERVICES, LLC; from Harris County; 1st Court of Appeals District (01-22-00509-CV, ___ SW3d ___, 10-03-23)
 
abatement order issued

[
Note: Effective March 22, 2024, the case is abated pursuant to TEX. R. APP. P. 8.2 until further order of this Court and is removed from the Court's active docket, subject to reinstatement upon proper motion. TEX. R. APP. P. 8.3. All motions and other documents pending or filed are abated subject to being reurged in the event the case is reinstated. TEX. R. APP. P. 8.2, 8.3. It is the parties' responsibility to immediately notify this Court once the automatic bankruptcy stay is lifted.]
 
(Justice Lehrmann not participating)
STAY ORDERS ARE ISSUED IN THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS:
23-0966
IN RE TEXAS PARKS AND WILDLIFE DEPARTMENT AND JOHN SILOVSKY, IN HIS OFFICIAL CAPACITY AS WILDLIFE DIVISION DIRECTOR OF THE TEXAS PARKS AND WILDLIFE DEPARTMENT; from Kaufman County; 5th Court of Appeals District (05-23-00906-CV)
 
relators' emergency motion for temporary relief conditionally granted
stay order issued
 
[Note: The petition for writ of mandamus remains pending before this Court.]
 
24-0149
IN RE MARTIN LEE KAY; from Harris County; 14th Court of Appeals District (14-23-00710-CV)
 
emergency motion to stay granted
stay order issued
response requested due by May 6, 2024
 
[Note: The petition for writ of mandamus remains pending before this Court.]