Texas state seal

THE SUPREME COURT OF TEXAS


Orders Pronounced January 26, 2007

ORDERS ON CAUSES

THE FOLLOWING CAUSE IS DISMISSED:

06‑0479 

IN RE DEUTSCHE BANK AG, DEUTSCHE BANK SECURITIES INC., CRAIG BRUBAKER AND TODD CLENDENING; from Dallas County; 5th district (05‑06‑00895‑CV, ___ SW3d ___, 06‑30‑06)
joint motion for dismissal of mandamus appeal granted
stay order issued July 21, 2006, lifted


THE MOTION TO RESET ORAL ARGUMENT IN THE FOLLOWING CAUSE IS GRANTED:

05‑0916 

PLEASANT GLADE ASSEMBLY OF GOD, REVEREND LLOYD A. MCCUTCHEN, ROD LINZAY, HOLLY LINZAY, SANDRA SMITH, BECKY BICKEL AND PAUL PATTERSON v. LAURA SCHUBERT; from Tarrant County; 2nd district (02‑02‑00264‑CV, 174 SW3d 388, 09‑15‑05)
petitioners' unopposed motion to reschedule oral argument granted

 


[Note: The date and time for oral argument are yet to be determined.]

 

THE MOTION IN THE FOLLOWING CAUSE IS GRANTED:

03‑1050 

ALEX SHESHUNOFF MANAGEMENT SERVICES, L.P. v. KENNETH JOHNSON AND STRUNK & ASSOCIATES, L.P.; from Travis County; 3rd district (03‑03‑00060‑CV, 124 SW3d 678,  10‑02‑03)
joint motion to expedite issuance of mandate granted



ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

06‑0912 

IN THE MATTER OF L.J., JR.; from Bexar County; 4th district (04‑05‑00771‑CV, ___ SW3d ___, 07‑12‑06)


06‑0932 

STEVEN AND SUSAN SCOWN v. ARTHUR "VAN" NEIE AND SUE LYNNE NEIE; from Brewster County; 8th district (08‑05‑00090‑CV, ___ SW3d ___, 06‑29‑06)


06‑1001 

XIOMARA MURILLO v. JOSEPH WILTON LAZARE; from Harris County; 1st district (01‑05‑00688‑CV, ___ SW3d ___, 09‑28‑06)


06‑1007 

HECTOR LEAL, LYDIA LEAL AND HECTOR LEAL, JR. v. GERARDO LINAN; from Cameron County; 13th district (13‑05‑00781‑CV, ___ SW3d ___, 10‑05‑06)


06‑1049 

TRIUMPH TRUCKING, INC. v. SOUTHERN CORPORATE INSURANCE MANAGERS, INC., D/B/A TRANSPORTATION INSURANCE MANAGERS; from Harris County; 1st district (01‑05‑00529‑CV, ___ SW3d ___, 08‑10‑06)


06‑1066 

HACKBERRY CREEK HOME OWNERS ASSOCIATION v. HACKBERRY CREEK COUNTRY CLUB, INC.; from Dallas County; 5th district (05‑05‑00204‑CV, 205 SW3d 46, 09‑07‑06)


07‑0017 

GREGORY MICHAEL KLAPESKY v. ELEUTERIA "NECA" SANSONE, RENEE LITTLE, AND PHILIP GIANNO SANSONE; from Williamson County; 3rd district (03‑06‑00157‑CV, ___ SW3d ___, 10‑19‑06)


THE FOLLOWING PETITIONS FOR REVIEW ARE STRUCK PURSUANT TO TEXAS RULE OF APPELLATE PROCEDURE 9.4(i):

06‑0864 

DENNA SHAW v. SCOTT H. PALMER AND SCOTT H. PALMER, P.C.; from Dallas County; 5th district (05‑05‑00201‑CV, 197 SW3d 854, 06‑30‑06)

The Court strikes the petition for review with the following notations: "The petition violates Texas Rules of Appellate Procedure 5, 9.4(d), and 53.2 and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed no later than 5:00 p.m., February 5, 2007."


06‑1026 

B. JOE THOMSON v. COMMISSION FOR LAWYER DISCIPLINE; from Harris County; 14th district (14‑04‑01155‑CV, ___ SW3d ___, 08‑10‑06)
as redrafted

The Court strikes the petition for review with the following notations: "The petition violates Texas Rules of Appellate Procedure 53.2(f) and 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., February 5, 2007."


06‑1032 

TOMAS DE LEON, AS ADMINISTRATOR, ET AL. v. FRANCISCO HERNANDEZ, ET AL.; from Harris County; 1st district (01‑03‑00806‑CV, ___ SW3d ___, 08‑31‑06)
motion to exceed page limit in petition for review denied

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., February 5, 2007."



ORDERS ON MOTIONS FOR REHEARING

THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

06‑0740 

GOTHAM INSURANCE COMPANY v. WARREN E&P, INC. F/K/A PETROLEUM DEVELOPMENT CORPORATION, D/B/A PEDECO, INC.; WARREN RESOURCES, INC., AND OIL TECHNOLOGY FUND 1996 - SERIES D, L.P.; from Frio County; 4th district (04‑05‑00186‑CV, ___ SW3d ___, 04‑26‑06)


06‑0757 

CLYDE SNEED v. CRYOLIFE, INC.; from Harris County; 1st district (01‑05‑00425‑CV, ___ SW3d ___, 06‑15‑06)


06‑0850 

EX PARTE LYLE RICHARD BRUMMETT A/K/A LYLE RICHARD STONE; from Kerr County; 4th district (04‑05‑00916‑CV & 04‑05‑00917‑CV, ___ SW3d ___, 07‑05‑06)


06‑0895 

IN THE INTEREST OF T.N.F., H.R.F., H.R.F. AND H.R.F.; from Robertson County; 10th district (10‑05‑00327‑CV, 205 SW3d 625,  08‑30‑06)



MISCELLANEOUS

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS TRANSFERRED TO THE COURT OF CRIMINAL APPEALS:

06‑1099 

IN RE DARRELL P. WARTLEY; from Harris County
motion to remand back to proper jurisdiction dismissed as moot


THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:

06‑1050 

IN RE THE LAMAR CORPORATION, D/B/A LAMAR ADVERTISING CORP., BROWNSVILLE, INC., LAMAR TEXAS LIMITED PARTNERSHIP F/K/A LAMAR ADVERTISING OF BROWNSVILLE AND HERB SCOBEY; from Cameron County; 13th district (13‑06‑00596‑CV, ___ SW3d ___, 11‑09‑06)
emergency motion for stay of trial court proceedings denied


06‑1075 

IN RE JOHNNY SPENCER; from Dallas County; 5th district (05‑06‑01517‑CV, ___ SW3d ___, 11‑20‑06)


06‑1083 

IN RE LEONIDAS KAPETANAKIS; from Harris County; 1st district (01‑06‑00910‑CV, ___ SW3d ___, 11‑02‑06)