supreme-court-of-texas-orders-12-16-2016

THE SUPREME COURT OF TEXAS Orders Pronounced December 16, 2016 ORDERS ON CAUSES THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED: 14-0507 INEOS USA, LLC F/K/A INNOVENE USA, LLC, INEOS POLYMERS, INC., A/K/A INEOS OLEFINS, INEOS OLEFINS & POLYMERS USA, A DIVISION OF INEOS USA, LLC, AND JONATHAN “BUBBA” PAVLOVSKY v JOHANNES “JOE” ELMGREN AND VALARIE ELMGREN, INDIVIDUALLY AND AS NEXT FRIENDS OF THEIR MINOR CHILDREN; from Brazoria County; 14th Court of Appeals District (14-13-00044-CV, 431 SW3d 656, 03-2014) 15-0049 CROSSTEX NORTH TEXAS PIPELINE, L.P., N/K/A ENLINK NORTH TEXAS PIPELINE, LP v ANDREW GARDINER AND SHANNON GARDINER; from Denton County; 2nd Court of Appeals District (02-12-00182-CV, 451 SW3d 150, 11-13-14) rehearings ORDERS ON PETITIONS FOR REVIEW THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED: 15-0666 WEBB COUNTY v ADRIANA PEREZ; from Webb County; 4th Court of Appeals District (0414-00275-CV, _ SW3d _, 06-03-15) 15-0677 LEE ANN WHEELBARGER, TERRI TIEDEMANN, DOREEN MARDERNESS, JERRY SAVOY, HOWARD JANSON, CARL ALAN KIVELA, JAMES HUSEMAN, BULL CAPITAL COMPANY, JAMES DURHAM, MARY LOU DURHAM, PATRICIA KOELLING, AND FRANK GENZER, JR v THE LANDING COUNCIL OF CO-OWNERS, WILLIAM HENSLEE, TOM JENKINS, TROY JONES, DAVID MARKS, BARNARD PEARL, THOMAS WALSH, STAN WILLIAMS, ANDREW ROSENBERG, JACK EREIRA, AND TIMOTHY PATAK; from Harris County; 1st Court of Appeals District (01-13-00619CV, 471 SW3d 875, 07-30-15) petitions 15-0845 TREELINE PARTNERS, LTD., A TEXAS LIMITED PARTNERSHIP, AND LAROCA PARTNERS H, LTD., A TEXAS LIMITED PARTNERSHIP v THE STATE OF TEXAS; from Harris County; 14th Court of Appeals District (14-14-00462-CV, 476 SW3d 572, 08-27-15) (Justice Johnson not sitting) 15-0947 THOMAS F HALL AND THOMAS F HALL, D.D.S., M.S., P.A v DEANA POLLARD SACKS; from Harris County; 1st Court of Appeals District (01-14-00301-CV, 481 SW3d 238, 10-27-15) 16-0104 MARCUS JOSEPH ROPER v KATHERINE ELIZABETH JOLLIFFE; from Dallas County; 5th Court of Appeals District (05-14-00500-CV, 493 SW3d 624, 10-09-15) 16-0134 ALLWAYS AUTO GROUP, LTD D/B/A ATASCOSA CHRYSLER DODGE JEEP RAM v STEVEN WALTERS; from Live Oak County; 13th Court of Appeals District (13-15-00329CV, 484 SW3d 219, 01-14-16) 16-0175 MATTHEW GOGGANS v TONIA MARIE FORD; from Dallas County; 5th Court of Appeals District (05-14-01239-CV, _ SW3d _, 12-09-15) 16-0296 LUTHERAN SOCIAL SERVICES OF THE SOUTH, INC v WINNIE BLOUNT, INDIVIDUALLY AND AS NEXT FRIEND OF P.B., MINOR CHILD, AND JOHN BLOUNT, INDIVIDUALLY AND AS NEXT FRIEND OF P.B., MINOR CHILD; from Dallas County; 5th Court of Appeals District (05-15-00380-CV, _ SW3d _, 03-14-16) (Justice Green not sitting) 16-0394 IN THE INTEREST OF K.O., A.O., AND O.O., CHILDREN; from Gregg County; 6th Court of Appeals District (06-15-00100-CV, 488 SW3d 829, 04-14-16) 16-0397 MARTHA KIGHT DUTCHER v DUTCHER-PHIPPS CRANE & RIGGING, INC., KENNETH J DUTCHER, INDIVIDUALLY AND IN HIS CAPACITY AS THE PRESIDENT OF DUTCHER-PHIPPS, AND ROBIN DUTCHER ERWIN, INDIVIDUALLY AND IN HER CAPACITY AS THE SECRETARY OF DUTCHER-PHIPPS; from Ward County; 8th Court of Appeals District (08-15-00202-CV, _ SW3d _, 04-13-16) 16-0440 LETICIA ZEPEDA VASQUEZ, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF JOSE ABRAHAM VASQUEZ, JR v LEGEND NATURAL GAS III, L.P., ET AL.; from La Salle County; 4th Court of Appeals District (04-14-00899-CV, 492 SW3d 448, 04-29-16) 16-0484 IN THE INTEREST OF B.B.J.; from Lubbock County; 7th Court of Appeals District (07-1500291-CV, _ SW3d _, 04-15-16) stay order issued September 16, 2016, lifted 16-0546 ALLSTATE COUNTY MUTUTAL INSURANCE v BOBBY WOOTTON AND MARY WOOTTON D/B/A M WOOTTON CONSTRUCTION; from Fort Bend County; 14th Court of Appeals District (14-14-00657-CV, 494 SW3d 825, 03-29-16) as corrected 16-0591 IRMA K ORTEGA, A/N/F OF A.G.T., A MINOR v PHAN-TRAN PROPERTY MANAGEMENT, LLC, MINH PHAN AND MISTY TRAN; from Harris County; 1st Court of Appeals District (01-15-00676-CV, _ SW3d _, 06-09-16) 16-0601 SUSTAINABLE TEXAS OYSTER RESOURCE MANAGEMENT, L.L.C v HANNAH REEF, INC., SHRIMPS R US, INC., IVO SLABIC AND MICHAEL IVIC; from Galveston County; 1st Court of Appeals District (01-15-01026-CV, 491 SW3d 96, 05-31-16) stay order issued October 7, 2016, lifted 16-0613 MATTHEW GOGGANS v TONIA MARIE FORD; from Dallas County; 5th Court of Appeals District (05-15-00052-CV, _ SW3d _, 05-11-16) 16-0638 IN RE COMMITMENT OF ISRAEL ESCOBAR; from Montgomery County; 9th Court of Appeals District (09-16-00231-CV, _ SW3d _, 07-28-16) 16-0655 GARRY L ROLLINS AND CARLA D ROLLINS v TEXAS COLLEGE AND MPF INVESTMENTS, LLC D/B/A "A-1 RENT ALL"; from Smith County; 12th Court of Appeals District (12-15-00121-CV, _ SW3d _, 07-12-16) 16-0659 JETALL COMPANIES, INC v DON ABBOTT HOLMES AND GAYLE EISER HOLMES; from Harris County; 1st Court of Appeals District (01-15-00326-CV, _ SW3d _, 07-07-16) 16-0687 WALTER B SANER v BRIDGETEX PIPELINE COMPANY, LLC; from Comanche County; 11th Court of Appeals District (11-14-00199-CV, _ SW3d _, 07-21-16) 16-0692 IN THE ESTATE OF WILLIAM THOMAS BOOTH; from Bexar County; 4th Court of Appeals District (04-14-00897-CV, _ SW3d _, 07-06-16) 16-0693 PETRA LARA v CITY OF HEMPSTEAD, TEXAS; from Harris County; 1st Court of Appeals District (01-15-00987-CV, _ SW3d _, 07-21-16) 16-0739 DARRELL J HARPER v THE STATE OF TEXAS; from Travis County; 3rd Court of Appeals District (03-15-00405-CV, _ SW3d _, 08-30-16) motion for judgment by default dismissed as moot 16-0755 RAYMAX MANAGEMENT, L.P v AMERICAN TOWER CORPORATION, AMERICAN TOWER ASSET SUB II AND METRO PCS TEXAS LLC; from Tarrant County; 2nd Court of Appeals District (02-15-00298-CV, _ SW3d _, 08-11-16) 16-0769 KRYSTLE ULATOSKI v MICHAEL WARREN; from Bell County; 3rd Court of Appeals District (03-15-00380-CV, _ SW3d _, 08-11-16) 16-0785 REALTY AUSTIN, LLC AND MATTHEW DITLOW v MICHAEL G MCCARTHY, INDIVIDUALLY AND AS TRUSTEE OF THE MCCARTHY M G LIVING TRUST; from Travis County; 7th Court of Appeals District (07-15-00408-CV, _ SW3d _, 08-19-16) 16-0811 MEENA BANSAL INDIVIDUALLY AND AS REPRESENTATIVE OF ESTATE OF MUNISH BANSAL, DECEASED AND VIRINDER BANSAL v THE UNIVERSITY OF TEXAS M.D ANDERSON CANCER CENTER; from Harris County; 14th Court of Appeals District (14-15-00986-CV, _ SW3d _, 10-10-16) 16-0816 MARIA DOLORES MONTEMAYOR GARCIA AS REPRESENTATIVE FOR M.R MONTEMAYOR ESTATE v EQUITY TRUST COMPANY F/B/O EDMUND SZOL NO 057685, MARTIN RODRIGUEZ MORENO AND MARIA DELOURDES PONCE RANGEL; from Lubbock County; 7th Court of Appeals District (07-16-00198-CV, _ SW3d _, 08-1016) 16-0825 VAREL INTERNATIONAL INDUSTRIES L.P AND VAREL EUROPE v PETRODRILLBITS INTERNATIONAL, INC.; from Dallas County; 5th Court of Appeals District (05-14-01556-CV, _ SW3d _, 08-30-16) 16-0837 RUSSELL MCELVAIN v ROBIN MCELVAIN; from Tarrant County; 2nd Court of Appeals District (02-16-00256-CV, _ SW3d _, 08-26-16) 16-0896 IN THE INTEREST OF A.R., J.A., A.F., A.A & A.A., CHILDREN; from Ector County; 11th Court of Appeals District (11-16-00088-CV, _ SW3d _, 09-22-16) motion to withdraw as appellate counsel granted 16-0904 IN THE INTEREST OF L.M., A CHILD; from Tarrant County; 2nd Court of Appeals District (02-16-00127-CV, _ SW3d _, 10-13-16) 16-0907 IN RE COMMITMENT OF JORGE ROLANDO GARZA; from Montgomery County; 9th Court of Appeals District (09-15-00268-CV, _ SW3d _, 08-25-16) THE FOLLOWING PETITION FOR REVIEW IS DISMISSED: 15-0943 JUDITH ZAFFIRINI, DAVID H ARREDONDO, AND CLARISSA N CHAPA, ET AL v RAYMOND S DELEON II, TRUSTEE OF THE DELFINA AND JOSEFINA ALEXANDER FAMILY TRUST, AND ROCIO GONZALEZ GUERRA, INDIVIDUALLY AND AS NEXT FRIEND OF V.G.G III AND M.A.G.; from Webb County; 4th Court of Appeals District (04-1400751-CV, _ SW3d _, 08-26-15) as reinstated unopposed motion to dismiss granted THE FOLLOWING PETITIONS FOR REVIEW ARE DISMISSED FOR WANT OF JURISDICTION: 16-0708 FRANK SELIGER v THE ETHIOPIAN CHRISTIAN; from Travis County; 3rd Court of Appeals District (03-14-00621-CV, _ SW3d _, 07-07-16) See TEX GOV’T CODE § 22.225(b)(1) 16-0729 TIMOTHY G MARTIN AND ALL OTHER OCCUPANTS OF 608 MEADOW LANE, ALLEN, TEXAS 75002 v FEDERAL NATIONAL MORTGAGE ASSOCIATION, A/K/A FANNIE MAE; from Collin County; 5th Court of Appeals District (05-15-00210-CV, _ SW3d _, 06-30-16) See TEX GOV’T CODE § 22.225(b)(1) 16-0741 SHERYL ELIZABETH STANDIFORD AND BLAINE MARTIN STANDIFORD v CITIMORTGAGE, INC.; from Travis County; 3rd Court of Appeals District (03-15-00625-CV, _ SW3d _, 08-04-16) See TEX GOV’T CODE § 22.225(b)(1) ORDERS ON MOTIONS FOR REHEARING THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED: 15-0368 RICHARD F WALSH, MEDICA-RENTS CO., LTD, AND MED-RCO, INC v WOUNDKAIR CONCEPTS, INC., DAN ANDERSON, AND KIM ANDERSON; from Tarrant County; 2nd Court of Appeals District (02-14-00395-CV, _ SW3d _ , 04-02-15) 16-0235 RICKIE SIMS v LIBERTY MUTUAL INSURANCE COMPANY; from Shelby County; 12th Court of Appeals District (12-14-00123-CV, _ SW3d _, 12-03-15) 16-0245 FRANCIS WILLIAMS MONTENEGRO AND LYNDA WILLIAMS v WELLS FARGO BANK, N.A.; from Travis County; 3rd Court of Appeals District (03-13-00123-CV, _ SW3d _, 06-03-15) (Justice Johnson not sitting) 16-0313 LONG ISLAND VILLAGE OWNERS ASSOCIATION, INC., ET AL v MAURICE O BERRY; from Cameron County; 13th Court of Appeals District (13-14-00363-CV, _ SW3d _, 03-17-16) 16-0429 THE ESTATE OF ANNE HUFFHINES, DECEASED v DATCU CREDIT UNION, MINOR & JESTER, P C., AND JILL JESTER, INDIVIDUALLY; from Denton County; 2nd Court of Appeals District (02-15-00293-CV, _ SW3d _, 04-28-16) 16-0435 ALPHONSO CRUTCH LIFE SUPPORT CENTER, INC v MICHAEL L WILLIAMS, COMMISSIONER OF EDUCATION IN HIS OFFICIAL CAPACITY; HOLLAND TIMMONS, DESIGNEE OF THE COMMISSIONER; AND THE TEXAS EDUCATION AGENCY; from Travis County; 3rd Court of Appeals District (03-13-00789-CV, _ SW3d _, 11-30-15) MISCELLANEOUS THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED: 16-0339 IN RE TEXAS ATTORNEY 16-0632 IN RE ELDOR BRISH; from Travis County; 3rd Court of Appeals District (03-16-00478-CV, _ SW3d _, 07-29-16) 16-0843 IN RE TRACY NIXON; from Dallas County; 5th Court of Appeals District (05-16-00845-CV, _ SW3d _, 09-01-16) 16-0885 IN RE LEROY STROMAN; from Harris County; 14th Court of Appeals District (14-16-00662CV, _ SW3d _, 09-20-16) 16-0901 IN RE HJH ENERGY, INC AND STEVE TURNQUIST; from Coleman County; 11th Court of Appeals District (11-16-00272-CV, _ SW3d _, 10-20-16)