Supreme Court

December 20, 2024 

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Texas State Seal
THE SUPREME COURT OF TEXAS
Orders Pronounced December 20, 2024
 
ORDERS ON CAUSES
23-0006
THE OHIO CASUALTY INSURANCE COMPANY v. PATTERSON-UTI ENERGY, INC.; PATTERSON-UTI MANAGEMENT SERVICES, LLC; PATTERSON-UTI DRILLING COMPANY LLC; AND MARSH USA, INC.; from Harris County; 14th Court of Appeals District (14-22-00026-CV, 656 SW3d 729, 11-22-22)
 
The Court reverses the court of appeals' judgment, renders judgment in part, and remands the case to the trial court.

Justice Young delivered the opinion of the Court.
THE FOLLOWING MOTION TO PARTICIPATE IN ORAL ARGUMENT IS GRANTED:
24-0573
WARREN KENNETH PAXTON, JR., IN HIS OFFICIAL CAPACITY AS TEXAS ATTORNEY GENERAL AND THE STATE OF TEXAS v. ANNUNCIATION HOUSE, INC.; from El Paso County
 
unopposed motion of amicus curiae to participate in oral argument granted
 
Time allotted to argue: 20/15/5 minutes
THE FOLLOWING CAUSE IS RESET FOR ORAL ARGUMENT:
23-0927
DAVID W. CROMWELL v. ANADARKO E&P ONSHORE, LLC; from Loving County; 8th Court of Appeals District (08-22-00129-CV, 676 SW3d 860, 09-27-23)
 
[Note: This cause has been reset for oral argument at 9:00 a.m., February 18, 2025.]
Time allotted to argue: 20/20 minutes
ORDERS ON CASES GRANTED
THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
23-0167
THE UNIVERSITY OF TEXAS RIO GRANDE VALLEY v. RITA OTEKA; from Hidalgo County; 13th Court of Appeals District (13-22-00063-CV, ___ SW3d ___, 01-26-23)
 
[Note: Oral argument of this case will be conducted on Thursday, February 20, 2025 at 9:00 a.m. at Baylor Law School in Waco, Texas. See TEX. CONST. ART. V., § 3(a).]
Time allotted to argue: 20/20 minutes
 
23-0634
FIRST SABREPOINT CAPITAL MANAGEMENT, L.P., SABREPOINT CAPITAL PARTNERS, L.P., SABREPOINT CAPITAL PARTICIPATION, L.P., GEORGE BAXTER, AND DONALD MARCHIONY v. FARMLAND PARTNERS INC.; from Dallas County; 5th Court of Appeals District (05-22-00010-CV, ___ SW3d ___, 06-30-23)
 
[Note: This case has been set for oral argument at 9:00 a.m., January 16, 2025.]
Time allotted to argue: 20/20 minutes
 
23-0808
TENARIS BAY CITY INC. v. RICKY ELLISOR; JOSE L. AVILA; WILLIAM JOHNSON; ELIZABETH JOHNSON; MATTIE HALBISON, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF JAMES HALBISON; DORENE TABARES, INDIVIDUALLY AND AS HEIR AT LAW TO ARMANDO TABARES; ARMANDO GARCIA, FOR THE ESTATE OF MARIA GARCIA; RAQUEL SOLIS; SAMUEL TREVINO; GLORIA TREVINO; DONNIE WEST; GLORIA WEST; ELLA ALLINIECE; JOSEPH HUERTA; RICHARD ALVARADO; CAROLYN ALVARADO; SANDRA JOYNER; CLAYTON JOYNER; WILLIAM JAHNSEN; SUE JAHNSEN; HELEN PADILLA; RUDY PADILLA, ET AL; from Harris County; 14th Court of Appeals District (14-22-00013-CV, ___ SW3d ___, 08-31-23)
 
[Note: This case has been set for oral argument at 9:00 a.m., February 19, 2025.]
Time allotted to argue: 20/20 minutes
 
(Justice Huddle and Justice Young not participating)
 
23-0842
PDT HOLDINGS, INC., AND PHILLIP THOMPSON HOMES, INC. D/B/A PHILLIP THOMPSON CUSTOM HOMES v. CITY OF DALLAS AND THE BOARD OF ADJUSTMENT OF THE CITY OF DALLAS; from Dallas County; 5th Court of Appeals District (05-22-00730-CV, ___ SW3d ___, 06-16-23)
 
[Note: This case has been set for oral argument at 9:00 a.m., January 15, 2025.]
Time allotted to argue: 20/20 minutes
 
23-0868
WHITE KNIGHT DEVELOPMENT, LLC v. DICK B. SIMMONS, SR., AND JULIE M. SIMMONS; from Brazos County; 10th Court of Appeals District (10-21-00309-CV, ___ SW3d ___, 08-30-23)
 
[Note: This case has been set for oral argument at 9:00 a.m., March 18, 2025.]
Time allotted to argue: 20/20 minutes
 
23-0875
CINDY THOMPSON INDIVIDUALLY AND AS HEIR OF CHARLES THOMPSON, CHARLES THOMPSON AND CC & T INVESTMENTS, LLC v. MAE LANDRY; from Chambers County; 1st Court of Appeals District (01-21-00294-CV, ___ SW3d ___, 07-27-23)
 
[Note: This case has been set for oral argument at 9:00 a.m., January 16, 2025.]
Time allotted to argue: 20/20 minutes
 
23-0955
WALGREENS v. PAMELA MCKENZIE; from Harris County; 14th Court of Appeals District (14-22-00113-CV, 676 SW3d 170, 08-17-23)
 
[Note: Oral argument of this case will be conducted on Thursday, February 20, 2025 at 9:00 a.m. at Baylor Law School in Waco, Texas. See TEX. CONST. ART. V., § 3(a).]
Time allotted to argue: 20/20 minutes
 
24-0088
BIRCH OPERATIONS, INC., AND BIRCH WATERMANIA, LLC v. DARKHORSE WATER, LP; from Martin County; 11th Court of Appeals District (11-22-00124-CV, 681 SW3d 900, 12-21-23)
 
motion to dismiss granted as follows:

 
Pursuant to Texas Rule of Appellate Procedure 56.2, 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 the trial court’s judgment and dismisses the case as moot. See Morath v. Lewis, 601 S.W.3d 785, 792 (Tex. 2020).
.
 
24-0162
KEN PAXTON IN HIS OFFICIAL CAPACITY AS TEXAS ATTORNEY GENERAL AND GREG ABBOTT IN HIS OFFICIAL CAPACITY AS TEXAS GOVERNOR v. AMERICAN OVERSIGHT; from Travis County; 3rd Court of Appeals District (03-23-00090-CV, 683 SW3d 873, 01-17-24)
 
[Note: This case has been set for oral argument at 9:00 a.m., February 19, 2025.]
Time allotted to argue: 20/20 minutes
 
24-0258
THE STATE OF TEXAS v. THREE THOUSAND, SEVEN HUNDRED SEVENTY-FOUR DOLLARS, AND TWENTY-EIGHT CENTS U.S. CURRENCY ($3,774.28); from Potter County; 7th Court of Appeals District (07-23-00297-CV, 692 SW3d 759, 01-30-24)
 
[Note: This case has been set for oral argument at 9:00 a.m., February 18, 2025.]
Time allotted to argue: 20/20 minutes
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE SET FOR ORAL ARGUMENT:
23-1039
IN RE EAST TEXAS MEDICAL CENTER ATHENS; from Smith County; 12th Court of Appeals District (12-23-00263-CV, ___ SW3d ___, 11-21-23)
 
[Note: This case has been set for oral argument at 9:00 a.m., February 18, 2025.]
Time allotted to argue: 20/20 minutes
 
24-0424
IN RE ONCOR ELECTRIC DELIVERY CO. LLC; ONCOR ELECTRIC DELIVERY CO. NTU LLC; AEP TEXAS INC.; AMERICAN ELECTRIC POWER CO.; CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC; AND CENTERPOINT ENERGY, INC.; from Harris County; 14th Court of Appeals District (14-23-00095-CV, 694 SW3d 789, 04-02-24)
 
[Note: This case has been set for oral argument at 9:00 a.m., February 19, 2025.]
Time allotted to argue: 20/20 minutes
 
(Justice Bland and Justice Young not participating)
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
23-0711
SIX BROTHERS CONCRETE PUMPING, LLC v. TEXAS WORKFORCE COMMISSION AND MARTIN TOMCZAK; from Harris County; 1st Court of Appeals District (01-22-00357-CV, 679 SW3d 746, 05-09-23)
 
23-0778
HOUSECANARY, INC., F/K/A CANARY ANALYTICS, INC. v. TITLE SOURCE, INC., REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS, AND HOUSTON FORWARD TIMES; from Bexar County; 4th Court of Appeals District (04-21-00584-CV, ___ SW3d ___, 08-23-23)
 
(Justice Devine, Justice Huddle, and Justice Young not participating)
 
23-0792
USA MILLENNIUM, LP v. ANSON DISTRIBUTING, LLC; from Harris County; 14th Court of Appeals District (14-20-00622-CV, ___ SW3d ___, 08-24-23)
 
as reinstated
 
(Justice Lehrmann not participating)
 
23-0918
ENVIRODIGM, INC.; MICRO SPACE INNOVATIONS, LLC D/B/A GREEN POLYMER SYSTEMS; AND KORNODO FIRE SYSTEMS, INC. v. TEXAS INSTRUMENTS INCORPORATED; from Dallas County; 5th Court of Appeals District (05-22-00359-CV, ___ SW3d ___, 06-21-23)
 
24-0041
ALEXANDER SONNENSCHEIN v. AUGUSTIN RIVERA, JR.; TERESA EREON GILTNER; HAROLD ODOM; BARBARA ELLIS; ANNA M. MCKIM; CYNTHIA EVA HUJAR ORR; C. ALFRED MACKENZIE; DWAINE M. MASSEY; AND CARLOS R. SOLTERO; IN THEIR OFFICIAL CAPACITIES AS MEMBERS OF THE TEXAS BOARD OF LAW EXAMINERS; from Travis County; 3rd Court of Appeals District (03-21-00602-CV, ___ SW3d ___, 11-30-23)
 
24-0110
JAMES GRANBERRY, DISTRICT ATTORNEY FOR THE 105TH JUDICIAL DISTRICT, AND THE NUECES COUNTY DISTRICT ATTORNEY'S OFFICE v. THE ATTORNEY GENERAL OF THE STATE OF TEXAS, KEN PAXTON; from Travis County; 3rd Court of Appeals District (03-22-00238-CV, 683 SW3d 861, 01-11-24)
 
24-0151
IN THE INTEREST OF C.J.B., A CHILD; from Harris County; 14th Court of Appeals District (14-23-00186-CV; 14-23-00208-CV, 681 SW3d 778, 09-14-23)
 
24-0420
CHERIE FAYE WOODWARD v. BRIAN DAVID WOODWARD; from Collin County; 5th Court of Appeals District (05-23-00051-CV, ___ SW3d ___, 03-07-24)
 
as reinstated
 
24-0471
TIFFANY CARLEN HURD v. PAUL BRYAN READING; from Johnson County; 13th Court of Appeals District (13-22-00146-CV, ___ SW3d ___, 02-29-24)
 
24-0493
ANNA BELEW, JODI BELEW, MINOR C.B., AND MINOR R.B. v. CITY OF STEPHENVILLE, SELF-INSURED; from Erath County; 11th Court of Appeals District (11-22-00273-CV, 692 SW3d 347, 03-07-24)
 
24-0564
HARBOR AMERICA CENTRAL, INC. v. VIELKA ARMAND; from Bexar County; 4th Court of Appeals District (04-22-00280-CV, 692 SW3d 777, 03-27-24)
 
24-0590
PAUL BROWN v. ARRABY PROPERTIES, LLC; from Harris County; 1st Court of Appeals District (01-20-00610-CV, 695 SW3d 532, 10-10-23)
 
24-0622
RAMESH KAPUR D/B/A AIC MANAGEMENT v. WILCREST PARK TOWNHOMES OWNERS' ASSOCIATION, INC.; from Harris County; 1st Court of Appeals District (01-22-00564-CV, ___ SW3d ___, 06-13-24)
 
24-0681
A&A MASONRY, INC. v. TL II APARTMENTS, LLC; from Galveston County; 1st Court of Appeals District (01-22-00807-CV, ___ SW3d ___, 07-09-24)
 
24-0682
IN THE INTEREST OF S.D., A CHILD; from Tarrant County; 2nd Court of Appeals District (02-24-00099-CV, ___ SW3d ___, 07-11-24)
 
counsel's motion to withdraw granted
 
24-0713
KELLY CUSTOM HOMES, LLC, AND ROBIN KELLY v. RODNEY HOPPER AND LYNDSAY HOPPER; from Ellis County; 14th Court of Appeals District (14-23-00793-CV, ___ SW3d ___, 08-13-24)
 
24-0745
CORNELIUS BUTLER, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF BETTY BUTLER v. TYLER OPS LTC., INC. D/B/A PETAL HILL NURSING & REHABILITATION; from Smith County; 12th Court of Appeals District (12-23-00312-CV, ___ SW3d ___, 07-24-24)
 
24-0762
IN THE INTEREST OF J.I.O.O. AND J.I.O.O., CHILDREN; from Collin County; 5th Court of Appeals District (05-24-00784-CV, ___ SW3d ___, 07-30-24)
 
24-0861
SAMSUNG SDI CO., LTD. v. SAMUEL WOLBRUECK; from Harris County; 14th Court of Appeals District (14-23-00559-CV, ___ SW3d ___, 08-27-24)
 
24-0882
RACHEL FOREMAN v. TEXAS INDEPENDENCE PLAZA; from Fort Bend County; 1st Court of Appeals District (01-24-00274-CV, ___ SW3d ___, 09-24-24)
 
24-0908
IN THE INTEREST OF L.G.B., A CHILD; from Taylor County; 11th Court of Appeals District (11-24-00077-CV, ___ SW3d ___, 09-19-24)
 
24-0933
CG RANCH SERVICES v. SCHLUMBERGER TECHNOLOGY CORPORATION; from Harris County; 1st Court of Appeals District (01-22-00720-CV, ___ SW3d ___, 04-30-24)
 
24-0950
IN RE THE COMMITMENT OF GALE EDWARD MYLES; from Dallas County; 5th Court of Appeals District (05-23-00796-CV, ___ SW3d ___, 10-31-24)
THE FOLLOWING PETITION FOR REVIEW IS DISMISSED FOR WANT OF JURISDICTION:
24-1045
MARIA CONCEPCION DELGADO v. LUIS GOVEA LOPEZ; from Polk County; 9th Court of Appeals District (09-21-00019-CV, ___ SW3d ___, 10-06-22)
 
See TEX. R. APP. P. 53.7(a)
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
23-0446
DEVON ENERGY PRODUCTION COMPANY, L.P. v. PERDIDO PROPERTIES, LLC, ON BEHALF OF AND AS ATTORNEY-IN-FACT FOR PAUL H. BREMER, JR. AND LEON C. SMITHERMAN, JR.; from Ector County; 11th Court of Appeals District (11-21-00060-CV, 669 SW3d 535, 05-18-23)
 
24-0530
COTTONWOOD DEVELOPMENT CORPORATION v. LONGHORN TITLE COMPANY; from Williamson County; 3rd Court of Appeals District (03-23-00032-CV, ___ SW3d ___, 03-29-24)
 
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)
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
24-0333
IN RE ELAMEX, S.A. DE C.V., ELAMEX USA, CORP., AND MOUNT FRANKLIN FOODS L.L.C.; from El Paso County; 8th Court of Appeals District (08-23-00246-CV, ___ SW3d ___, 04-04-24)
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
23-1023
IN RE DEREK N. T. MOORE; from Harris County; 1st Court of Appeals District (01-23-00766-CV, ___ SW3d ___, 11-02-23)
 
24-0560
IN RE MAX PAUL KOZINN; from Travis County; 3rd Court of Appeals District (03-23-00748-CV, ___ SW3d ___, 06-06-24)
 
24-0580
IN RE ELIZABETH WESTON; from Comal County; 3rd Court of Appeals District (03-24-00203-CV, ___ SW3d ___, 04-04-24)
 
24-0593
IN RE RSM PRODUCTION CORPORATION; from Harris County; 1st Court of Appeals District (01-24-00119-CV)
 
relator's emergency motion for temporary relief dismissed as moot
 
(Justice Lehrmann not participating)
 
24-0717
IN RE TRAXCELL TECHNOLOGIES, LLC; from McLennan County; 10th Court of Appeals District (10-24-00074-CV, ___ SW3d ___, 10-22-24)
 
24-0852
IN RE TOMAHAWK TRUCKING, LLC AND DERRICK TERRELL BROWN; from Denton County; 2nd Court of Appeals District (02-24-00402-CV, ___ SW3d ___, 09-13-24)
 
24-1046
IN RE JOJO PARGUIAN; from Dallas County; 5th Court of Appeals District (05-24-00674-CV; 05-24-00680-CV, ___ SW3d ___, 11-22-24)
 
relator's emergency motion for temporary relief denied
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED AS MOOT:
24-0646
IN RE TARRANT COUNTY REPUBLICAN PARTY; from Tarrant County; 7th Court of Appeals District (07-24-00240-CV)
 
stay order issued September 6, 2024, lifted
THE DECISION OF THE BOARD OF DISCIPLINARY APPEALS IN THE FOLLOWING APPEAL IS AFFIRMED:
23-0684
ANNETTE R. LOYD v. COMMISSION FOR LAWYER DISCIPLINE (BODA Cause No. 67358)