03-0526 MACK TRUCKS, INC. v. ELIZABETH TAMEZ, ET AL.; from Nueces County; 13th district (13‑00‑00386‑CV, 100 SW3d 549, 02‑27‑03) The Court reverses the court of appeals' judgment and renders judgment. Justice Johnson delivered the opinion of the Court
05-0479 IN RE GRACO CHILDREN'S PRODUCTS, INC. AND NEWELL RUBBERMAID, INC.; from Hidalgo County; 13th district (13‑05‑00331‑CV, ___ SW3d ___, 06‑16‑05) Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. Per Curiam Opinion
05-0630 WESTERN STEEL COMPANY, INC. v. HANK ALTENBURG; from Nueces County; 13th district (13‑02‑00450‑CV, 169 SW3d 347, 06‑23‑05) 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 that court. Per Curiam Opinion
06-0201 MARGARET PARKER AND JIMMY HARVILLE, BOTH INDIVIDUALLY AND AS NEXT FRIENDS OF SIDNEY HARVILLE, A MINOR v. SHANNAN WEAVER BAREFIELD AND CHAMPION EMS; from Rusk County; 12th district (12‑05‑00111‑CV, ___ SW3d ___, 01‑25‑06) 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
Orders Pronounced October 13, 2006
ORDERS ON CAUSES
THE MOTION IN THE FOLLOWING CAUSE IS GRANTED:
05‑0754 MARGARITA MORALES, INDIVIDUALLY AND AS NEXT FRIEND OF PAULETTE MORALES AND LAURA MORALES, MINOR CHILDREN OF GUADALUPE D. MORALES, DECEASED v. LIBERTY MUTUAL INSURANCE COMPANY AND CONTINENTAL CASUALTY COMPANY; from El Paso County; 8th district (08‑04‑00135‑CV, 169 SW3d 485, 07‑28‑05) amicus curiae Texas Mutual Insurance Company's motion for leave to present oral argument granted
THE MOTIONS IN THE FOLLOWING CAUSE ARE DISMISSED:
04‑1118 CITY OF SAN ANTONIO v. CHARLES POLLOCK AND TRACY POLLOCK, INDIVIDUALLY AND AS NEXT FRIENDS OF SARAH JANE POLLOCK, A MINOR CHILD; from Bexar County; 4th district (04‑03‑00403‑CV, 155 SW3d 322, 08‑18‑04) amicus curiae The State of Texas' motion to expand time allotted for oral argument dismissed amicus curiae The State of Texas' motion to participate in oral argument dismissed (Justice Green not sitting)
ORDERS ON CASES GRANTED
THE FOLLOWING CERTIFIED QUESTION FROM THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT IS ACCEPTED:
06‑0868 NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURG, PA v. BEATRICE CROCKER; 5th district [Note: This case has been set for oral argument at 9:00 a.m., January 25, 2007.] Time allotted to argue: 20/20 minutes
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
06‑0500 THE ESTATE OF GENEVA CARAWAY HUNT, BY AND THROUGH JAMES PAYTON AND TROY ALAN FISHER AND TERESA FISHER GARZA v. ST. PAUL FIRE & MARINE INSURANCE COMPANY, ST. PAUL GUARDIAN INSURANCE COMPANY; MARSH U.S.A., INC., AND CHERI DINNIN; from Medina County; 4th district (04‑05‑00334‑CV, ___ SW3d ___, 04‑19‑06)
06‑0644 DONALD D. WILLIS v. ELROY ROBERTS as redrafted
06‑0678 TAE MUN CHUNG AND SONG HUI KIM v. JEONG RAN LEE; from Dallas County; 5th district (05‑05‑00596‑CV, 193 SW3d 729, 05‑23‑06)
06‑0698 GABRELLE NAVARRETE v. EL PASO COUNTY, TEXAS; from El Paso County; 8th district (08‑05‑00271‑CV, 194 SW3d 677, 05‑18‑06)
06‑0705 CRYSTAL BARTON COKE v. HENRY CORNICK COKE; from Dallas County; 5th district (05‑04‑01604‑CV, ___ SW3d ___, 05‑30‑06)
06‑0710 LARRY REYNOLDS v. SOUTHWESTERN BELL TELEPHONE, L.P. AND PORTFOLIO RECOVERY ASSOCIATES, L.L.C.; from Tarrant County; 2nd district (02‑05‑00356‑CV, ___ SW3d ___, 06‑29‑06)
06‑0721 STEWMAN RANCH, INC., O.T. STEWMAN AND HELEN STEWMAN v. DOUBLE M RANCH CO.; from Nolan County; 11th district (11‑04‑00258‑CV, ___ SW3d ___, 04‑13‑06)
06‑0750 THE CITY OF PASADENA v. WALTER MADERN; from Harris County; 1st district (01‑05‑00337‑CV, ___ SW3d ___, 03‑09‑06)
06‑0766 ROBERT GREEN v. LOWE'S HOME CENTERS, INC.; from Harris County; 1st district (01‑05‑00937‑CV, ___ SW3d ___, 07‑20‑06)
06‑0779 WILLIAM PRATT, INDIVIDUALLY AND AS NEXT FRIEND OF NICOLE CRYSTAL PRATT v. EMPLOYEES' RETIREMENT FUND; from Tarrant County; 10th district (10‑05‑00013‑CV, ___ SW3d ___, 07‑19‑06)
06‑0780 ANDRE' CORNELL BLANKS v. LIBERTY MUTUAL FIRE INSURANCE COMPANY, ELIZABETH PHARR AND JAMES THAYER A/K/A JIM THAYER; from Dallas County; 5th district (05‑05‑01267‑CV, 196 SW3d 451, 06‑26‑06)
06‑0856 IN THE INTEREST OF S.K. ET AL.; from Dallas County; 5th district (05‑05‑01039‑CV, ___ SW3d ___, 08‑15‑06) 2 petitions
THE FOLLOWING PETITIONS FOR REVIEW ARE ABATED:
06‑0065 MARY ANGELINE FINKE, ET AL. v. ROBERT MORRELL, ET AL.; from Tarrant County; 2nd district (02‑01‑00159‑CV, 184 SW3d 257, 11‑03‑05) 3 petitions joint motion for interlocutory remand granted in part and denied in part abatement order issued
[Note: The petitions are abated and remanded to the trial court to consider the parties' partial settlement agreement. It is the responsibility of the parties to immediately notify this Court about any changes in status in the settlement proceedings.]
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
06‑0380 ROBERT ORTIZ v. ANDREW COLLINS, TIM WELSH, AND JEREL S. TWYMAN; from Harris County; 14th district (14‑04‑01156‑CV, ___ SW3d ___, 03‑09‑06)
06‑0538 DONNA ROSKEY v. CONTINENTAL CASUALTY COMPANY; RSKCO SERVICES, INC.; RSKCO COST MANAGEMENT SERVICES, INC.; RSKCO CONSULTING SERVICES, INC.; MACHELLE DAVIDSON; MARGIE KLING; CAROL SCHELLENBERG AND STEVE WILSON; from Dallas County; 5th district (05‑05‑00043‑CV, 190 SW3d 875, 04‑11‑06)
06‑0547 FRANK D. MENDICINO v. TEXAS WORKFORCE COMMISSION, ADECCO USA INC., AND CELESTICA INC., TEXAS WORKFORCE COMMISSION, ADECCO USA INC., CELESTICA INC., AND TALX; from Williamson County; 3rd district (03‑05‑00054‑CV & 03‑05‑00055‑CV, ___ SW3d ___, 05‑19‑06)
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
06‑0579 IN RE DANIEL D. CLAYTON; from Jefferson County; 9th district (09‑05‑00412‑CV, ___ SW3d ___, 04‑20‑06)
06‑0592 IN RE MICHAEL G. WASHINGTON; from Harris County
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF HABEAS CORPUS IS DENIED:
06‑0810 IN RE RHETT WEBSTER PEASE AND AS NEXT FRIEND FOR W.C.P. AND B.C.P.; from Lee County
MISCELLANEOUS
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
06‑0861 IN RE SEBASTIAN GREEN LAMAR; from Collin County
THE FOLLOWING PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED:
06‑0855 IN RE STEPHEN JAMES LARREW; from Dallas County; 5th district motion to dismiss granted
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED:
06‑0670 IN RE NIX HEALTH CARE SYSTEM D/B/A NIX SPECIALTY HOSPITAL AND ROBERT JIMENEZ, M.D.; from Bexar County; 4th district (04‑06‑00490‑CV, ___ SW3d ___, 08‑02‑06) agreed motion to dismiss mandamus proceeding granted stay order issued August 9, 2006, lifted
05‑0710 CHRISTUS HEALTH GULF COAST, CHRISTUS HEALTH SOUTHEAST TEXAS, GULF COAST DIVISION, INC., MEMORIAL HERMANN HOSPITAL SYSTEM AND BAPTIST HOSPITALS OF SOUTHEAST TEXAS v. AETNA, INC. AND AETNA HEALTH, INC.; from Harris County; 14th district (14‑03‑01281‑CV, 167 SW3d 879, 04‑14‑05) motion by amicus United States Department of Health and Human Services for leave to participate in oral argument granted
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
06‑0425 ARCADE COMEAUX v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE, ET AL.; from Walker County; 1st district (01‑04‑01184‑CV, 193 SW3d 83, 03‑02‑06)
06‑0548 MRS. J.E. MIDDLETON, INDIVIDUALLY AND AS THE REPRESENTATIVE OF THE ESTATE OF J.E. MIDDLETON v. NATIONAL FAMILY CARE LIFE INSURANCE COMPANY; from Harris County; 14th district (14‑04‑00428‑CV, ___ SW3d ___, 01‑17‑06)
06‑0663 INTEGRITY COMMUNICATIONS, LTD. v. IKON OFFICE SOLUTIONS, INC.; from Nueces County; 13th district (13‑04‑00243‑CV, ___ SW3d ___, 06‑15‑06)
06‑0701 ROBERT LEE SMITH, JR. v. THE COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH; from Tarrant County; 2nd district (02‑06‑00100‑CV, ___ SW3d ___, 03‑28‑06)
06‑0726 ERROL WOODBERRY v. J.C. PENNY FOR ECKERD DRUG, SHERYL MOSES, INDIVIDUALLY AND C. CUNNINGHAM, INDIVIDUALLY; from Dallas County; 5th district (05‑05‑01552‑CV, ___ SW3d ___, 07‑26‑06)
06‑0733 BEN FLOREY v. ESTATE OF LINDA MCCONNELL, DECEASED, ET AL.; from Williamson County; 3rd district (03‑04‑00318‑CV, ___ SW3d ___, 06‑09‑06)
THE FOLLOWING PETITION FOR REVIEW IS STRUCK PURSUANT TO TEXAS RULE OF APPELLATE PROCEDURE 9.4(i):
06‑0846 SAID KHEIR A/K/A BENNY KHEIR, INDIVIDUALLY, CAYANNE ELMAS AND CS SPORTS & IMPORTS, REMINGTON INTERNATIONAL v. PROGRESSIVE COUNTY MUTUAL INSURANCE COMPANY AS A SUBROGEE OF JOSE ANTONIO VALDES AND MAGDALENA GONZALES; from Harris County; 14th district (14‑04‑00694‑CV, ___ SW3d ___, 06‑13‑06)
The Court strikes the petition for review with the following notations: "The petition violates Texas Rule of Appellate Procedure 53.6 and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed no later than 5:00 p.m., October 16, 2006."
ORDERS ON MOTIONS FOR REHEARING
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR REVIEW IS DENIED:
06‑0507 RAYMOND REED v. JAMES PRINCE, ET AL.; from Bowie County; 6th district (06‑05‑00138‑CV, 194 SW3d 101, 06‑02‑06) motion to hear case denied
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
06‑0759 IN RE ARTHUR E. JOHNSON; from Harris County; 1st district (01‑05‑01074‑CV, ___ SW3d ___, 03‑30‑06)
06‑0763 IN RE RALPH O. DOUGLAS; from Harris County; 1st district (01‑06‑00027‑CV, ___ SW3d ___, 07‑13‑06)
06‑0768 IN RE PEGGY JEAN (LYNCH) SACKHEIM AND PATRICIA ANN (LYNCH) ALDERMAN; from Kendall County; 4th district (04‑06‑00408‑CV, ___ SW3d ___, 08‑09‑06)
06‑0769 IN RE ELOISA GOMEZ TELKAMP; from Dallas County; 5th district (05‑05‑01408‑CV, ___ SW3d ___, 08‑17‑06)
06‑0849 IN RE LESTER JON RUSTON; from Collin County
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS STRUCK PURSUANT TO TEXAS RULE OF APPELLATE PROCEDURE 9.4(i):
06‑0859 IN RE MICHAEL IDROGO, PUBLIC SERVANT, STATE OF TEXAS; from Bexar County
The Court strikes the petition for writ of mandamus with the following notations: "The petition violates Texas Rules of Appellate Procedure 9.3(b) and 52.3 and is struck."
THE FOLLOWING PETITION FOR WRIT OF HABEAS CORPUS IS DENIED:
06‑0847 IN RE SCOTT LEE STANLEY; from Hidalgo County; 4th district (04‑06‑00549‑CV, ___ SW3d ___, 08‑30‑06) motion for leave to file petition for writ of habeas corpus dismissed as moot