|
THE SUPREME COURT OF TEXAS
|
|
Orders Pronounced March 8, 2024
|
| |
|
ORDERS ON CAUSES
|
|
22-0435
|
DOROTHY HAMPTON v. LEONARD THOME; from Jefferson County; 9th Court of Appeals District (09-20-00022-CV, 683 SW3d 22, 03-17-22)
|
| |
The Court reverses the court of appeals' judgment and remands the case to that court.
Justice Blacklock delivered the opinion of the Court, in which Chief Justice Hecht, Justice Lehrmann, Justice Devine, Justice Busby, Justice Bland, Justice Huddle, and Justice Young joined.
Justice Boyd filed a dissenting opinion.
|
|
THE FOLLOWING CAUSE IS DISMISSED:
|
|
23-0414
|
IN RE KHUSRO RASHID, M.D.; from Bexar County; 4th Court of Appeals District (04-23-00383-CV, ___ SW3d ___, 05-31-23)
|
| |
relator's unopposed motion to dismiss granted
stay order issued June 9, 2023, lifted
|
|
THE FOLLOWING CAUSES ARE RESET FOR ORAL ARGUMENT:
|
|
22-0662
|
THE CITY OF AUSTIN v. NOEL POWELL; from Travis County; 3rd Court of Appeals District (03-21-00146-CV, ___ SW3d ___, 05-13-22)
|
| |
[Note: The date and time for oral argument are yet to be determined.]
|
| |
|
23-0094
|
CITY OF HOUSTON v. RUBEN RODRIGUEZ AND FREDERICK OKON; from Harris County; 14th Court of Appeals District (14-21-00107-CV, 658 SW3d 633, 09-08-22)
|
| |
unopposed motion for continuance granted
|
| |
[Note: The date and time for oral argument are yet to be determined.]
|
|
ORDERS ON CASES GRANTED
|
|
THE FOLLOWING PETITION FOR REVIEW IS GRANTED:
|
|
23-0722
|
GREAT VALUE STORAGE, LLC AND WORLD CLASS CAPITAL GROUP, LLC v. PRINCETON CAPITAL CORPORATION; from Harris County; 1st Court of Appeals District (01-21-00284-CV, ___ SW3d ___, 04-20-23)
|
| |
Pursuant to Texas Rules of Appellate Procedure 56.2 and 60.6, after granting the petition for review and without hearing oral argument or considering the merits, the Court vacates the court of appeals' judgment and opinion and dismisses the case as moot.
|
|
ORDERS ON PETITIONS FOR REVIEW
|
|
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
|
|
22-0910
|
DEYSI R. SANTOS v. YELLOWFIN LOAN SERVICING CORP., AS SUCCESSOR IN INTEREST TO FIRST FRANKLIN; from Harris County; 14th Court of Appeals District (14-21-00151-CV, ___ SW3d ___, 07-12-22)
|
| |
|
22-1064
|
EMPOWER TEXANS, INC. AND MICHAEL QUINN SULLIVAN v. TEXAS ETHICS COMMISSION; from Travis County; 8th Court of Appeals District (08-20-00153-CV, 567 SW3d 737, 10-12-22)
|
| |
(Justice Young not participating)
|
| |
|
22-1102
|
JEFFREY M. TRAVIS AND TRAVIS & CALHOUN, P.C. v. WHITE NILE SOFTWARE, INC.; from Dallas County; 5th Court of Appeals District (05-20-00354-CV, ___ SW3d ___, 08-29-22)
|
| |
|
23-0080
|
MICHAEL QUINN SULLIVAN v. TEXAS ETHICS COMMISSION; from Travis County; 3rd Court of Appeals District (03-21-00033-CV, 660 SW3d 225, 08-31-22)
|
| |
(Justice Young not participating)
|
| |
|
23-0275
|
PROVIDENCE TOWN SQUARE HOUSING, LTD. v. HARRIS COUNTY APPRAISAL DISTRICT; from Harris County; 1st Court of Appeals District (01-20-00835-CV, ___ SW3d ___, 12-29-22)
|
| |
|
23-0465
|
ABILENE VILLAGE, LLC, PILLAR ABILENE VILLAGE INVESTORS, LLC, AND PCG MANAGEMENT, LLC v. PDG, INC, JFAL HOLDING COMPANY, LLC, AND MICHAEL DIXSON; from Taylor County; 11th Court of Appeals District (11-21-00274-CV, 668 SW3d 947, 05-18-23)
|
| |
|
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)
|
| |
|
23-0567
|
ELIAZAR COSTILLA, INDIVIDUALLY AND AS THE REPRESENTATIVE OF THE ESTATE OF KRISTY RENEE COSTILLA, DECEASED, AND AS NEXT FRIEND OF A.J.C. AND C.K.C., MINORS; MELINDA RODRIGUEZ LEAL; AND CAMILO TREVINO v. OCTAVIO AGUILERA; THE SCHUMACHER GROUP OF TEXAS, INC.; VHS HARLINGEN HOSPITAL COMPANY, LLC D/B/A VALLEY BAPTIST MEDICAL CENTER-HARLINGEN; ADRIAN ALANIZ; KRISTEN WHITE; GEORGE HUDDLESTON, IV, M.D.; AND WILLIAM TAW, M.D.; from Cameron County; 13th Court of Appeals District (13-21-00135-CV, ___ SW3d ___, 03-30-23)
|
| |
|
| |
|
23-0573
|
ROBERT L. MOODY, JR. v. GREER, HERZ & ADAMS, LLP AND ROSS RANKIN MOODY; from Galveston County; 1st Court of Appeals District (01-21-00575-CV, ___ SW3d ___, 03-30-23)
|
| |
(Justice Bland not participating)
|
| |
|
23-0728
|
JOSE ANTONIO LOZADA v. JOSE ANTONIO VENERO; from Travis County; 7th Court of Appeals District (07-23-00022-CV, ___ SW3d ___, 07-27-23)
|
| |
|
23-0731
|
WILLIS ALAN HIZAR AND ROOFMASTERS DFW, LLC v. KENNETH HEFLIN AND ANNA HEFLIN; from Collin County; 5th Court of Appeals District (05-21-00936-CV, 672 SW3d 774, 07-10-23)
|
| |
|
23-0757
|
IN THE INTEREST OF S.C.; from Orange County; 9th Court of Appeals District (09-23-00050-CV, ___ SW3d ___, 08-11-23)
|
| |
|
23-0870
|
IN THE MATTER OF THE MARRIAGE OF DUSTIN BEALL AND CAMRON BEALL; from Guadalupe County; 4th Court of Appeals District (04-22-00070-CV, ___ SW3d ___, 05-17-23)
|
| |
|
23-0906
|
ESTELLA G. BARRIENTOS, INDIVIDUALLY AND INDEPENDENT ADMINISTRATIX OF THE ESTATE OF DONATO LUJAN BARRIENTOS; VIVIAN BARRIENTOS; EVA BARRIENTOS; AND EUSEBIO BARRIENTOS v. MODESTO L. BARRIENTOS; from Ector County; 11th Court of Appeals District (11-22-00147-CV, 675 SW3d 399, 09-14-23)
|
| |
|
23-0908
|
ALCUS RESHOD FORTENBERRY v. GREAT DIVIDE INSURANCE COMPANY; from Dallas County; 5th Court of Appeals District (05-19-01541-CV, ___ SW3d ___, 07-17-23)
|
| |
|
23-0920
|
CLINTON MARTIN v. EVAN CLARK STONE AND ELTON CARL STONE D/B/A E.C. STONE DRILLING CO.; from Tarrant County; 2nd Court of Appeals District (02-22-00346-CV, ___ SW3d ___, 08-17-23)
|
| |
|
23-1029
|
ELIAZAR COSTILLA, INDIVIDUALLY AND AS THE REPRESENTATIVE OF THE ESTATE OF KRISTY RENEE COSTILLA, DECEASED, AND AS NEXT FRIEND OF A.J.C. AND C.K.C, MINORS; MELINDA RODRIGUEZ LEAL AND CAMILO TREVINO v. ATIYA DHALA, M.D.; from Cameron County; 13th Court of Appeals District (13-22-00005-CV, ___ SW3d ___, 11-02-23)
|
| |
|
23-1038
|
TRANSMOUNTAIN PARTNERS, LLC AND JOSE A. GONZALEZ v. ERNEST A. ROMERO, JOHN J. GRAB, WHITE'S EL REY, L.P., A NEW MEXICO LIMITED PARTNERSHIP, AND GGD, LLC, A NEW MEXICO LIABILITY COMPANY, AS ASSIGNEE OF THE GEORGE GARY DUNCAN PROFIT SHARING PLAN AND GEORGE GARY DUNCAN; from El Paso County; 8th Court of Appeals District (08-22-00162-CV, ___ SW3d ___, 09-05-23)
|
| |
|
24-0030
|
IN THE INTEREST OF H.H., A CHILD; from Tarrant County; 2nd Court of Appeals District (02-23-00297-CV, ___ SW3d ___, 11-30-23)
|
| |
2 petitions
counsels' motions to withdraw granted
|
| |
|
24-0054
|
RICK RIVAS v. LAKE SHORE HARBOUR COMMUNITY ASSOCIATION; from Fort Bend County; 1st Court of Appeals District (01-22-00121-CV, ___ SW3d ___, 04-25-23)
|
| |
|
24-0093
|
IN THE INTEREST OF Z.J. AND N.J., CHILDREN; from Bexar County; 4th Court of Appeals District (04-23-00667-CV, ___ SW3d ___, 12-20-23)
|
| |
2 petitions
counsel's motion to withdraw granted
|
| |
|
24-0136
|
IN THE INTEREST OF A.D., I.D., AND A.D., CHILDREN; from Taylor County; 11th Court of Appeals District (11-23-00202-CV, ___ SW3d ___, 01-11-24)
|
| |
|
24-0138
|
IN THE INTEREST OF A.T., JR. ET AL., CHILDREN; from Bexar County; 4th Court of Appeals District (04-23-00689-CV, ___ SW3d ___, 01-10-24)
|
|
ORDERS ON MOTIONS FOR REHEARING
|
|
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR REVIEW IS GRANTED:
|
|
23-0122
|
NEW WORLD CAR NISSAN, INC., D/B/A WORLD CAR HYUNDAI, AND NEW WORLD CAR IMPORTS, SAN ANTONIO, INC., D/B/A WORLD CAR HYUNDAI v. HYUNDAI MOTOR AMERICA AND TEXAS DEPARTMENT OF MOTOR VEHICLES; from Travis County; 8th Court of Appeals District (08-20-00147-CV, 658 SW3d 754, 11-29-22)
|
| |
denial of petition for review on September 29, 2023, withdrawn
petition reinstated
|
| |
[Note: The petition for review, as reinstated, remains pending before this Court.]
|
|
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
|
|
22-1106
|
HUGE AMERICAN REAL ESTATE, INC. v. FRITZ MANAGEMENT, LLC, FRIES RESTAURANT MANAGEMENT, LLC, FAST BUILDERS, LLC, AND FIREBRAND PROPERTIES, LLC; from Dallas County; 5th Court of Appeals District (05-20-00332-CV, ___ SW3d ___, 08-18-22)
|
| |
|
23-0267
|
MARSHA ELLISON D/B/A ELLISON LEASE OPERATING v. SAMSON RESOURCES CO.; SAMSON LONE STAR LIMITED PARTNERSHIP; SAMSON LONE STAR LLC; SAMSON EXPLORATION, LLC; THREE RIVERS ACQUISITION LLC; THREE RIVERS OPERATING CO. LLC; CONCHO RESOURCES, INC.; COG OPERATING, LLC, S/D OIL AND GAS CORP.; ET AL.; from Irion County; 13th Court of Appeals District (13-17-00046-CV, ___ SW3d ___, 12-15-22)
|
| |
|
23-0502
|
AUSTIN MATERIALS, LLC v. CHRISTINA ROSADO, AS GUARDIAN FOR SONIA TROCHE, AN INCAPACITATED PERSON; JULIZANDRA CEDENO; LYZANDRA CEDENO; AND KAZANDRA CEDENO; from Travis County; 3rd Court of Appeals District (03-22-00201-CV, ___ SW3d ___, 05-26-23)
|
| |
(Justice Lehrmann not participating)
|
| |
|
23-0712
|
RAWNEY CHARLES MCVANEY v. BAYLOR SCOTT & WHITE MEDICAL CENTER – LAKEWAY; KIRBY DALE REED, N.P.; KRISTIE LEE MILLER, M.D.; AND EPLRMC, P.A.; from Travis County; 14th Court of Appeals District (14-22-00301-CV, ___ SW3d ___, 08-10-23)
|
|
MISCELLANEOUS
|
|
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
|
|
23-0369
|
IN RE PRESTON HOLLOW CAPITAL, LLC, UMB BANK, N.A., AND TMI TRUST COMPANY.; from Fort Bend County; 1st Court of Appeals District (01-21-00602-CV, ___ SW3d ___, 05-02-23)
|
| |
|
23-0473
|
IN RE DAVID EDWARD SAUCEDO, II AND MARIANA TERRAZAS SAUCEDO, INDIVIDUALLY AND ON BEHALF OF I.S., A MINOR CHILD; from El Paso County; 8th Court of Appeals District (08-22-00089-CV, 677 SW3d 62, 04-24-23)
|
| |
|
23-1002
|
IN RE DIMET S.A. DE C.V.; from Fort Bend County; 1st Court of Appeals District (01-23-00820-CV, ___ SW3d ___, 11-21-23)
|
| |
|
23-1006
|
IN RE LAURA LEE REDMAN, INDIVIDUALLY, RICHARD REDMAN, INDIVIDUALLY, BRIAN G. REDMAN, INDIVIDUALLY, KRISTY L. REDMAN, INDIVIDUALLY, COMMUNITY ACCESS, INC., REDMAN MANAGEMENT, LLC, AND REDMAN LEGACY, LP; from Smith County; 12th Court of Appeals District (12-23-00212-CV, ___ SW3d ___, 10-18-23)
|
| |
|
24-0085
|
IN RE MARYVEL SUDAY; from Val Verde County; 4th Court of Appeals District (04-23-00921-CV, ___ SW3d ___, 12-06-23)
|
| |
motion for emergency relief denied
|
| |
|
24-0140
|
IN RE CHERIE FAYE WOODWARD; from Collin County; 5th Court of Appeals District (05-23-00051-CV)
|
| |
emergency motion to stay denied
|
|
A STAY IS ISSUED IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS:
|
|
24-0172
|
IN RE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND BETTY GENALE THOMAS; from Dallas County; 5th Court of Appeals District (05-24-00232-CV, ___ SW3d ___, 03-06-24)
|
| |
emergency motion for temporary relief granted
stay order issued
response requested due by April 8, 2024
|
| |
[Note: The petition for writ of mandamus remains pending before this Court.]
|
