|
THE SUPREME COURT OF TEXAS
|
|
Orders Pronounced October 18, 2024
|
| |
|
ORDERS ON CAUSES
|
|
THE MOTION IN THE FOLLOWING CAUSE IS GRANTED:
|
|
23-0067
|
CHRISTINE LENORE STARY v. BRADY NEAL ETHRIDGE; from Harris County; 1st Court of Appeals District (01-21-00101-CV, ___ SW3d ___, 12-15-22)
|
| |
unopposed motion for leave for amicus curiae to share argument granted
|
| |
Time allotted to argue: 15/20/5 minutes
|
|
THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:
|
|
21-1035
|
AMMONITE OIL & GAS CORPORATION v. RAILROAD COMMISSION OF TEXAS AND EOG RESOURCES, INC.; from McMullen County; 4th Court of Appeals District (04-20-00465-CV, 672 SW3d 33, 10-27-21)
|
| |
|
22-0733
|
RIVER PLANTATION COMMUNITY IMPROVEMENT ASSOCIATION v. RIVER PLANTATION PROPERTIES, LLC AND PREISLER GOLF PROPERTIES, LLC; from Montgomery County; 9th Court of Appeals District (09-20-00036-CV, 661 SW3d 812, 04-28-22)
|
|
ORDERS ON CASES GRANTED
|
|
THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
|
|
23-0384
|
AMERICAN MIDSTREAM, LLC v. RAINBOW ENERGY MARKETING CORPORATION; from Harris County; 1st Court of Appeals District (01-20-00055-CV, 667 SW3d 837, 04-13-23)
|
| |
[Note: This case has been set for oral argument at 9:00 a.m., January 13, 2025.]
Time allotted to argue: 20/20 minutes
|
| |
(Justice Devine not participating)
|
| |
|
23-0703
|
SOUTHERN METHODIST UNIVERSITY AND PAUL J. WARD v. SOUTH CENTRAL JURISDICTIONAL CONFERENCE OF THE UNITED METHODIST CHURCH AND BISHOP SCOTT JONES; from Dallas County; 5th Court of Appeals District (05-21-00151-CV, 674 SW3d 334, 07-26-23)
|
| |
[Note: This case has been set for oral argument at 9:00 a.m., January 15, 2025.]
Time allotted to argue: 20/20 minutes
|
| |
|
23-0767
|
SHANA ELLIOTT AND LAWRENCE KALKE v. CITY OF COLLEGE STATION, TEXAS; KARL MOONEY, IN HIS OFFICIAL CAPACITY AS MAYOR OF THE CITY OF COLLEGE STATION; AND BRYAN WOODS, IN HIS OFFICIAL CAPACITY AS THE CITY MANAGER OF THE CITY OF COLLEGE STATION; from Brazos County; 6th Court of Appeals District (06-22-00078-CV, 674 SW3d 653, 08-31-23)
|
| |
[Note: This case has been set for oral argument at 9:00 a.m., January 15, 2025.]
Time allotted to argue: 20/20 minutes
|
|
ORDERS ON PETITIONS FOR REVIEW
|
|
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
|
|
23-0099
|
MOSAIC BAYBROOK ONE, LP, MOSAIC BAYBROOK TWO, LP, MOSAIC RESIDENTIAL, INC., MOSAIC BAYBROOK ONE GP LLC, MOSAIC BAYBROOK TWO GP LLC, ROBERT M. WEBER, VELISSA PARMER, ABID BHIMANI, MOSAIC GP FUND III LLC, EASTHAM CAPITAL FUND III (QP) LP, EASTHAM CAPITAL FUND IV, LP, AUSPAY-BAYBROOK, LLC, AUSPAY-MOSAIC GP, LLC, WILLAMSBURG ENTERPRISES, LLLP, PHILIP SALEM, WIDAD SALEM, BAYBROOK LL, LLC, v. TAMMY CESSOR AND PAUL SIMIEN; from Harris County; 14th Court of Appeals District (14-19-00514-CV, ___ SW3d ___, 06-29-21)
|
| |
|
23-0577
|
THE CITY OF HOUSTON v. FRANK NICOLAI AND DEBORA NICOLAI AS PARENTS OF CAROLINE NICOLAI, DECEASED; from Harris County; 1st Court of Appeals District (01-20-00327-CV, ___ SW3d ___, 04-06-23)
|
| |
Justice Blacklock and Justice Young note their dissent to the denial of the petition for review.
|
| |
|
23-0692
|
HAPPY STATE BANK v. JAMIE LYNN WILLIAMS, ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED; from Hutchinson County; 7th Court of Appeals District (07-22-00080-CV, ___ SW3d ___, 05-17-23)
|
| |
|
23-0693
|
TOM OIL MONCRIEF, GLORIA MARIE MONCRIEF, AND GARY R. ALLEN v. RICHARD W. MONCRIEF AND MARSHALL M. SEARCY, INDIVIDUALLY AND IN THEIR RESPECTIVE CAPACITIES AS SUCCESSOR GENERAL PARTNERS OF MONCRIEF FAMILY PARTNERSHIP, L.P. AND TRUSTEES OF THE W.A. MONCRIEF, JR. MANAGEMENT TRUST, AND ON BEHALF OF THE MANAGEMENT TRUST AND MFP; from Tarrant County; 2nd Court of Appeals District (02-22-00077-CV, 672 SW3d 156, 05-18-23)
|
| |
(Justice Devine, Justice Huddle, and Justice Young not participating)
|
| |
|
24-0075
|
ECHOVITA, INC. v. SCI SHARED RESOURCES, LLC; AND DM AFINNITY, INC.; from Harris County; 14th Court of Appeals District (14-22-00077-CV, 679 SW3d 193, 08-22-23)
|
| |
(Justice Lehrmann not participating)
|
| |
|
24-0131
|
CITY OF HIDALGO - TEXAS MUNICIPAL FACILITIES CORPORATION v. LAURA RODRIGUEZ; from Hidalgo County; 13th Court of Appeals District (13-23-00163-CV, ___ SW3d ___, 01-11-24)
|
| |
Justice Blacklock notes his dissent to the denial of the petition for review.
|
| |
|
24-0194
|
VECENTIE MORALES v. A.D.W.; from Tarrant County; 2nd Court of Appeals District (02-23-00073-CV, ___ SW3d ___, 02-08-24)
|
| |
|
24-0218
|
C.M.C. v. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Harris County; 1st Court of Appeals District (01-22-00965-CV, 696 SW3d 185, 01-09-24)
|
| |
|
24-0308
|
REPUBLIC LLOYDS v. DEBRA DALTON, INDIVIDUALLY AND AS INDEPENDENT ADMINISTRATOR OF THE ESTATE OF MARGARET COBB; from Denton County; 7th Court of Appeals District (07-22-00308-CV, ___ SW3d ___, 11-29-23)
|
| |
|
24-0356
|
ORCA ASSETS, G.P., L.L.C. v. JP MORGAN CHASE BANK, N.A., JP MORGAN CHASE BANK, N.A., AS TRUSTEE OF THE RED CREST TRUST, PHILIP METTHAM, ANDY J. MCMULLEN, JOHN H. MCMULLEN, JR., ET AL.; from Dallas County; 5th Court of Appeals District (05-22-00292-CV, ___ SW3d ___, 03-19-24)
|
| |
(Justice Huddle and Justice Young not participating)
|
| |
|
24-0392
|
EDDIE SHEARD AND BLANCA S. M. SHEARD v. TARRANT REGIONAL WATER DISTRICT, A WATER CONTROL AND IMPROVEMENT DISTRICT; from Henderson County; 12th Court of Appeals District (12-23-00254-CV, ___ SW3d ___, 03-28-24)
|
| |
|
24-0399
|
KATHRYN M. DANNER v. GEORGE EARL DANNER; from Montgomery County; 9th Court of Appeals District (09-21-00183-CV, ___ SW3d ___, 02-15-24)
|
| |
|
24-0429
|
VIVIAN CASPER v. TEXAS WOMAN'S UNIVERSITY; from Denton County; 2nd Court of Appeals District (02-23-00384-CV, ___ SW3d ___, 04-11-24)
|
| |
|
24-0432
|
ABIRA MEDICAL LABORATORIES, LLC D/B/A GENESIS DIAGNOSTICS v. OMH-HEALTHEDGE HOLDINGS, INC. D/B/A OMEGA HEALTHCARE MANAGEMENT SERVICES; from Travis County; 3rd Court of Appeals District (03-22-00176-CV, ___ SW3d ___, 02-13-24)
|
| |
|
24-0476
|
GILCHRIST COMMUNITY ASSOCIATION v. J. MARCUS HILL AND JAMES E. BRADLEY; from Galveston County; 14th Court of Appeals District (14-21-00630-CV, ___ SW3d ___, 04-11-24)
|
| |
|
24-0487
|
BRENETTA NANEKE SHERMAN v. SOLVAY USA, INC., RHONE-POULENCE INC., VENCOREX US, INC. AND ALFRED CELAYA; from Brazoria County; 1st Court of Appeals District (01-23-00067-CV, ___ SW3d ___, 03-26-24)
|
| |
|
24-0540
|
JOHN BARNES GORDON, INDEPENDENT EXECUTOR OF THE ESTATE OF PATRICK MALCOLM GORDON, DECEASED v. BEVERLY DIANE GORDON; from Bastrop County; 3rd Court of Appeals District (03-22-00454-CV, ___ SW3d ___, 05-23-24)
|
| |
|
24-0634
|
HA N. TRAN v. BRAN-DAN PARTNERSHIP, LLC; from Tarrant County; 2nd Court of Appeals District (02-23-00321-CV, ___ SW3d ___, 05-16-24)
|
| |
|
24-0719
|
MIMI PARK v. LISA CLONTZ; from Harris County; 14th Court of Appeals District (14-23-00110-CV, ___ SW3d ___, 06-20-24)
|
| |
|
24-0741
|
IN THE MATTER OF THE MARRIAGE OF BRIAN KEVIN FLANAGAN AND MARGARET MCKEAND FLANAGAN; from Dallas County; 5th Court of Appeals District (05-23-00450-CV, ___ SW3d ___, 07-24-24)
|
| |
|
24-0761
|
IN RE COMMITMENT OF JOHNATHAN DANIEL WINTROW; from Bell County; 3rd Court of Appeals District (03-24-00008-CV, ___ SW3d ___, 07-31-24)
|
| |
|
24-0775
|
IN RE THE COMMITMENT OF BERNARD JOHN KOELZER; from Gray County; 7th Court of Appeals District (07-23-00453-CV, ___ SW3d ___, 08-23-24)
|
| |
|
24-0829
|
IN THE INTEREST OF B.J.D., A CHILD; from Henderson County; 12th Court of Appeals District (12-24-00045-CV, ___ SW3d ___, 08-21-24)
|
| |
|
24-0830
|
IN THE INTEREST OF A.H., A CHILD; from Taylor County; 11th Court of Appeals District (11-24-00075-CV, ___ SW3d ___, 08-21-24)
|
| |
|
24-0838
|
IN THE INTEREST OF K.P., A CHILD; from Tarrant County; 2nd Court of Appeals District (02-24-00244-CV, ___ SW3d ___, 09-19-24)
|
| |
motion to withdraw counsel granted
|
| |
|
24-0847
|
IN THE INTEREST OF R.M., A CHILD; from Bexar County; 4th Court of Appeals District (04-24-00270-CV, ___ SW3d ___, 08-28-24)
|
|
THE FOLLOWING PETITION FOR REVIEW IS DISMISSED:
|
|
24-0598
|
LUBBOCK COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 v. JONATHAN RODRIGUEZ AND ABRISIAN RODRIGUEZ, INDIVIDUALLY AND AS NEXT FRIENDS OF E.R., R.R., AND A.R., MINORS; from Lubbock County; 7th Court of Appeals District (07-23-00424-CV, ___ SW3d ___, 06-11-24)
|
| |
motion to dismiss granted
|
|
ORDERS ON MOTIONS FOR REHEARING
|
|
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
|
|
23-0221
|
DE MIDLAND III, LLC AND ENDEAVOR ENERGY RESOURCES, L.P. v. RUSTIC NATURAL RESOURCES LLC (F/K/A RUSTIC RESOURCES, LLC), RUSTIC LAND HOLDINGS, LLC, AND TORTOISE HOLDINGS, LLC; from Midland County; 11th Court of Appeals District (11-21-00033-CV, 669 SW3d 494, 12-15-22)
|
| |
|
23-0909
|
GALOVELHO, LLC v. GREG ABBOTT, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF THE STATE OF TEXAS; COLLIN COUNTY, TEXAS, AND CITY OF FRISCO, TEXAS; from Collin County; 5th Court of Appeals District (05-21-00965-CV, ___ SW3d ___, 08-29-23)
|
| |
|
24-0010
|
IN RE THE COMMITMENT OF TIMOTHY DANIEL RENSHAW; from Wood County; 6th Court of Appeals District (06-22-00079-CV, 680 SW3d 675, 11-21-23)
|
| |
motion to allow supplemental brief dismissed as moot
|
| |
|
24-0143
|
BLAINE CREWS AND HANNAH CREWS v. RICHARD GALVAN AND SONIA GALVAN; from Cameron County; 13th Court of Appeals District (13-22-00289-CV, ___ SW3d ___, 01-18-24)
|
| |
|
24-0303
|
MARY RUFFIN v. MARK HENRY; from Harris County; 14th Court of Appeals District (14-22-00886-CV, ___ SW3d ___, 02-22-24)
|
| |
|
24-0502
|
MARIA V. BARBOSA v. CRISTINA GALAN; from Atascosa County; 4th Court of Appeals District (04-23-00020-CV, ___ SW3d ___, 03-06-24)
|
|
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
|
|
24-0395
|
IN RE C.M.; from Tarrant County; 2nd Court of Appeals District (02-24-00149-CV, ___ SW3d ___, 04-10-24)
|
| |
|
|
MISCELLANEOUS
|
|
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
|
|
24-0145
|
IN RE BLAKE JOEL ROBBINS; from Dallas County; 5th Court of Appeals District (05-24-00156-CV, ___ SW3d ___, 02-23-24)
|
| |
stay order issued March 22, 2024, lifted
|
| |
|
24-0400
|
IN RE MICHAEL BULLOCK AND THE AUSTIN POLICE ASSOCIATION; from Travis County; 3rd Court of Appeals District (03-24-00213-CV, ___ SW3d ___, 05-03-24)
|
| |
relator's motion to stay dismissed as moot, as amended
|
| |
|
24-0506
|
IN RE Z.Q.; from Harris County; 14th Court of Appeals District (14-23-00469-CV, ___ SW3d ___, 04-18-24)
|
| |
motion to take judicial notice granted
motion to suspend rules dismissed as moot
|
| |
|
24-0544
|
IN RE FCA US LLC; from Maverick County; 4th Court of Appeals District (04-24-00033-CV, ___ SW3d ___, 05-29-24)
|
| |
|
24-0695
|
IN RE DOROTHY M. JOHNSON & MINNIE L. SHANKLIN; from Smith County; 12th Court of Appeals District (12-24-00152-CV, ___ SW3d ___, 08-15-24)
|
| |
as amended
relators' motion for emergency stay dismissed as moot
|
|
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED:
|
|
24-0860
|
IN RE VERABANK, N.A. AS SUCCESSOR DEPENDENT ADMINISTRATOR OF THE
ESTATE OF JAMES PERRY ALLEN, JR.; from Grimes County; 1st Court of Appeals District (01-24-00002-CV, ___ SW3d ___, 10-14-24)
|
| |
motion to dismiss granted
|
|
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED WITHOUT PREJUDICE:
|
|
24-0346
|
IN RE GLORIA MARIE MONCRIEF, TOM OIL MONCRIEF, AND GARY R. ALLEN; from Tarrant County; 2nd Court of Appeals District (02-23-00021-CV)
|
| |
The petition is denied without prejudice to relators' ability to present their discovery request to the probate court.
(Justice Devine, Justice Huddle, and Justice Young not participating)
|
|
A STAY IS ISSUED IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS:
|
|
24-0255
|
IN RE NEWKIRK LOGISTICS, INC.; from Tarrant County; 2nd Court of Appeals District (02-24-00027-CV, ___ SW3d ___, 03-11-24)
|
| |
emergency motion to stay granted
stay order issued
|
| |
[Note: The petition for writ of mandamus remains pending before this Court.]
|
|
THE DECISION OF THE BOARD OF DISCIPLINARY APPEALS IN THE FOLLOWING APPEAL IS AFFIRMED:
|
|
24-0406
|
ROBERT B. EVANS, III v. COMMISSION FOR LAWYER DISCIPLINE (BODA Cause No. 67842)
|
