|
THE SUPREME COURT OF TEXAS
|
|
Orders Pronounced May 31, 2024
|
| |
|
ORDERS ON CAUSES
|
|
23-0629
|
STATE OF TEXAS; KEN PAXTON, IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL OF TEXAS; TEXAS MEDICAL BOARD; AND STEPHEN BRINT CARLTON, IN HIS OFFICIAL CAPACITY AS EXECUTIVE DIRECTOR OF THE TEXAS MEDICAL BOARD v. AMANDA ZURAWSKI; LAUREN MILLER; LAUREN HALL; ANNA ZARGARIAN; ASHLEY BRANDT; KYLIE BEATON; JESSICA BERNARDO; SAMANTHA CASIANO; AUSTIN DENNARD, D.O.; TAYLOR EDWARDS; KIERSTEN HOGAN; LAUREN VAN VLEET; ELIZABETH WELLER; DAMLA KARSAN, M.D., ON BEHALF OF HERSELF AND HER PATIENTS; AND JUDY LEVISON, M.D., M.P.H., ON BEHALF OF HERSELF AND HER PATIENTS; from Travis County
|
| |
|
|
ORDERS ON CASES GRANTED
|
|
THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
|
|
23-0023
|
THE UNIVERSITY OF TEXAS AT AUSTIN AND JAY HARTZELL, IN HIS OFFICIAL CAPACITY AS INTERIM PRESIDENT OF THE UNIVERSITY OF TEXAS AT AUSTIN v. GATEHOUSE MEDIA TEXAS HOLDINGS II, INC., D/B/A AUSTIN AMERICAN-STATESMAN; from Travis County; 8th Court of Appeals District (08-20-00157-CV, 656 SW3d 791, 11-29-22)
|
| |
[Note: The date and time for oral argument are yet to be determined.]
|
| |
|
23-0045
|
MICHAEL A. POHL, THE AMMONS LAW FIRM, AND ROBERT AMMONS, ET AL. v. MARK KENTRELL CHEATHAM, SR., LUELLA MILLER, MARK CHEATHAM, JR. AND INTERVENOR LACY REESE; from Harris County; 1st Court of Appeals District (01-20-00046-CV, ___ SW3d ___, 08-30-22)
|
| |
|
| |
[Note: The date and time for oral argument are yet to be determined.]
|
| |
|
23-0329
|
CHRISTOPHER F. BERTUCCI, AS EXECUTOR OF THE ESTATE OF ANTHONY R. BERTUCCI, DECEASED, AND DERIVATIVELY ON BEHALF OF AMERICAN AFFORDABLE HOMES & PROPERTIES, INC.; AMERICAN AFFORDABLE HOMES, LP; TOWN VISTA DEVELOPMENT, LLC; TOWN VISTA TERRACE, INC.; AND MIDCROWNE SENIOR SLP, LLC v. EUGENE L. WATKINS, JR.; from Travis County; 3rd Court of Appeals District (03-20-00058-CV, ___ SW3d ___, 12-30-22)
|
| |
|
| |
[Note: The date and time for oral argument are yet to be determined.]
|
| |
|
23-0344
|
425 SOLEDAD, LTD. AND 425 LONELINESS, LTD. v. CRVI RIVERWALK HOSPITALITY, LLC; from Bexar County; 4th Court of Appeals District (04-20-00482-CV, ___ SW3d ___, 08-10-22)
|
| |
[Note: The date and time for oral argument are yet to be determined.]
|
| |
|
23-0365
|
EIS DEVELOPMENT II, LLC v. BUENA VISTA AREA ASSOCIATION, LANCE W. HALL AND HEATHER R. HALL, JASON PAUL SMITHEY, DAVID W. MOLENGRAAF AND KIMBERLEY K. MOLENGRAAF, ALEXANDER E.W.J. SCHINDLER AND ANGELA R. SCHINDLER, AS INDIVIDUALS; from Ellis County; 8th Court of Appeals District (08-22-00006-CV, ___ SW3d ___, 04-12-23)
|
| |
[Note: The date and time for oral argument are yet to be determined.]
|
|
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS SET FOR ORAL ARGUMENT:
|
|
23-0777
|
IN RE PINNERGY, LTD.; from Harris County; 1st Court of Appeals District (01-23-00022-CV, ___ SW3d ___, 08-08-23)
|
| |
[Note: The date and time for oral argument are yet to be determined.]
|
|
ORDERS ON PETITIONS FOR REVIEW
|
|
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
|
|
22-0631
|
THE BOEING COMPANY v. SOUTHWEST AIRLINES PILOTS ASSOCIATION (SWAPA) ON BEHALF OF ITSELF AND ITS MEMBERS; from Dallas County; 5th Court of Appeals District (05-20-01067-CV, ___ SW3d ___, 03-30-22)
|
| |
|
22-0637
|
AMERICAN MEDICAL HOME HEALTH SERVICES, LLC, HUB CITY HOME HEALTH, INC. D/B/A AMERICAN MEDICAL HOME HEALTH SERVICES, AMERICAN MEDICAL HOME HEALTH SERVICES SAN ANTONIO, LLC, AMERICAN MEDICAL HOSPICE CARE, LLC, AMERICAN MEDICAL PALLIATIVE SUPPORT, LLC, MAGDALENA (MAGGIE) CLEMENTE, RENE ESTRADA, AND GINA TREVINO v. LEGACY HOME HEALTH AGENCY, INC. AND LEGACY HOME CARE SERVICES, INC. D/B/A ALL SEASONS HOME CARE, INC.; from Bexar County; 4th Court of Appeals District (04-20-00494-CV, ___ SW3d ___, 03-30-22)
|
| |
petitioners' motion to consolidate cases denied
|
| |
(Justice Devine not participating)
|
| |
|
22-0704
|
AMERICAN MEDICAL HOME HEALTH SERVICES, LLC, HUB CITY HOME HEALTH, INC. D/B/A AMERICAN MEDICAL HOME HEALTH SERVICES, AMERICAN MEDICAL HOME HEALTH SERVICES SAN ANTONIO, LLC, AMERICAN MEDICAL HOSPICE CARE, LLC, AMERICAN MEDICAL PALLIATIVE SUPPORT, LLC, MAGDALENA (MAGGIE) CLEMENTE, RENE ESTRADA, AND GINA TREVINO v. LEGACY HOME HEALTH AGENCY, INC. AND LEGACY HOME CARE SERVICES, INC. D/B/A ALL SEASONS HOME CARE, INC.; from Bexar County; 4th Court of Appeals District (04-22-00239-CV, ___ SW3d ___, 06-29-22)
|
| |
petitioners' motion to consolidate cases denied
|
| |
(Justice Devine not participating)
|
| |
|
22-0749
|
IN THE ESTATE OF RENE RAMOS, DECEASED; from Nueces County; 13th Court of Appeals District (13-21-00233-CV, ___ SW3d ___, 07-28-22)
|
| |
|
22-0750
|
YVONNE VELA v. GRAYSON MICHAEL SALAS AND TIMOTHY LANGE; from Nueces County; 13th Court of Appeals District (13-20-00424-CV, ___ SW3d ___, 07-28-22)
|
| |
(Justice Lehrmann not participating)
|
| |
|
22-0858
|
TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL v. CITY OF HIDALGO; from Hidalgo County; 13th Court of Appeals District (13-22-00250-CV, ___ SW3d ___, 08-25-22)
|
| |
|
22-1072
|
ONCOR ELECTRIC DELIVERY COMPANY LLC v. VICTOR QUINTANILLA, OSCAR INTERIANO ROSALES AND ACCIDENT FUND INSURANCE COMPANY OF AMERICA; from Dallas County; 5th Court of Appeals District (05-19-01331-CV, ___ SW3d ___, 10-17-22)
|
| |
|
22-1124
|
THE BOEING COMPANY v. SOUTHWEST AIRLINES PILOTS ASSOCIATION (SWAPA), AS ASSIGNEE OF 8,794 OF ITS MEMBER PILOTS; from Dallas County; 5th Court of Appeals District (05-21-00598-CV, ___ SW3d ___, 11-07-22)
|
| |
|
23-0146
|
EQUITY TRUST FBO JED SILVERMAN IRA v. ANGELINA GUERRERO; from Harris County; 14th Court of Appeals District (14-21-00136-CV, ___ SW3d ___, 10-20-22)
|
| |
|
23-0544
|
DR. KIM ELLIOT MCMORRIES v. TEXAS MEDICAL BOARD; from Travis County; 3rd Court of Appeals District (03-21-00141-CV, ___ SW3d ___, 02-16-23)
|
| |
|
23-0588
|
IN RE ESTATE OF CHARLES EDWARD LONG, DECEASED; from Gregg County; 6th Court of Appeals District (06-23-00025-CV, ___ SW3d ___, 06-29-23)
|
| |
|
23-0594
|
TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER v. JUAN R. OAXACA; from El Paso County; 8th Court of Appeals District (08-22-00112-CV, ___ SW3d ___, 06-22-23)
|
| |
|
23-0761
|
DR. NESTOR MARTINEZ; NM HEALTH SERVICES-NORTH, P.A.; PAIN & RECOVERY CLINIC OF NORTH HOUSTON; AND CAGUAS CASUALTY CORP. v. CAPSTONE ASSOCIATED SERVICES, LTD.; CAPSTONE ASSOCIATED SERVICES (WYOMING), LIMITED PARTNERSHIP; AND CAPSTONE INSURANCE MANAGEMENT, LTD.; from Harris County; 14th Court of Appeals District (14-21-00560-CV, ___ SW3d ___, 08-08-23)
|
| |
|
23-0779
|
UNITED DEVELOPMENT FUNDING IV AND MIKE WILSON v. NEXPOINT ADVISORS, L.P.; from Tarrant County; 2nd Court of Appeals District (02-22-00427-CV, 674 SW3d 437, 08-03-23)
|
| |
|
| |
|
23-0853
|
ALL BY GRACE HOME HEALTH CARE, INC. v. TEXAS HEALTH AND HUMAN SERVICES COMMISSION; from Travis County; 8th Court of Appeals District (08-22-00223-CV, ___ SW3d ___, 08-14-23)
|
| |
|
24-0120
|
AUDREY NICKERSON v. UNIQUE EMPLOYMENT I, LTD.; from Nueces County; 13th Court of Appeals District (13-22-00057-CV, ___ SW3d ___, 01-04-24)
|
| |
|
24-0186
|
REMINGTON SHERMAN AUTOMOTIVE, LLC v. FMG NORTH TEXAS, LLC, SUCCESSOR IN INTEREST OF FMO REAL ESTATE, LLC; from Grayson County; 5th Court of Appeals District (05-22-01366-CV, ___ SW3d ___, 12-27-23)
|
| |
|
24-0189
|
IN THE INTEREST OF C.M.P., L.R.S., B.J.S., J.K.R., AND M.R., CHILDREN; from Bexar County; 4th Court of Appeals District (04-23-00744-CV, ___ SW3d ___, 01-31-24)
|
| |
|
24-0327
|
MCKINNEY PODIATRIC ASSOCIATES, P.A., COASTAL FOOT & ANKLE ASSOCIATES, P.A., AND HINA SHAFQAT HASSAN, DPM v. ZEENETHIA JACKSON; from Harris County; 14th Court of Appeals District (14-22-00874-CV, ___ SW3d ___, 01-25-24)
|
| |
|
24-0417
|
IN THE INTEREST OF Z.B., J.B., AND S.B., CHILDREN; from Taylor County; 11th Court of Appeals District (11-23-00248-CV, ___ SW3d ___, 04-11-24)
|
|
ORDERS ON MOTIONS FOR REHEARING
|
|
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
|
|
22-0713
|
CENTRAL MUTUAL INSURANCE COMPANY v. RELIANCE PROPERTY MANAGEMENT, INC.; from Dallas County; 5th Court of Appeals District (05-21-00071-CV, ___ SW3d ___, 05-25-22)
|
| |
|
22-0910
|
DEYSI R. SANTOS v. YELLOWFIN LOAN SERVICING CORP., AS SUCCESSOR IN INTEREST TO FIRST FRANKLIN; from Harris County; 14th Court of Appeals District (14-21-00151-CV, ___ SW3d ___, 07-12-22)
|
| |
|
23-0603
|
FRANK AHLGREN III AND THE COPERNICAN, LLC v. FRANK AHLGREN JR. AND ELISE LEAKE, AS CO-TRUSTEES OF THE AHLGREN MANAGEMENT TRUST; from Travis County; 13th Court of Appeals District (13-22-00029-CV, ___ SW3d ___, 06-15-23)
|
| |
(Justice Lehrmann not participating)
|
| |
|
23-0627
|
JUAN DELAPENA, INDIVIDUALLY AND AS NEXT FRIEND OF C.D.L.P., A MINOR; AND KORINA DELAPENA, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF C.D., A DECEASED MINOR v. CITY OF CEDAR PARK; from Travis County; 13th Court of Appeals District (13-21-00341-CV, ___ SW3d ___, 11-17-22)
|
| |
|
24-0141
|
VICTOR J. EDNEY, JR. v. CITY OF WACO, TEXAS; from McLennan County; 13th Court of Appeals District (13-22-00152-CV, ___ SW3d ___, 11-30-23)
|
|
MISCELLANEOUS
|
|
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
|
|
22-1153
|
IN RE ALL BY GRACE HEALTH CARE, INC.; from Travis County; 8th Court of Appeals District (08-22-00223-CV, ___ SW3d ____, 08-14-23)
|
| |
stay order issued December 23, 2022, lifted
|
| |
|
24-0230
|
IN RE DEBRA LOUISE MCLEOD; from Waller County; 14th Court of Appeals District (14-23-00812-CV, ___ SW3d ___, 10-31-23)
|
| |
relator's motion for temporary relief dismissed as moot
|
| |
|
24-0231
|
IN RE DEBRA LOUISE MCLEOD; from Waller County; 14th Court of Appeals District (14-24-00177-CV, ___ SW3d ___, 03-13-24)
|
| |
relator's motion for temporary relief dismissed as moot
|
| |
|
24-0337
|
IN RE PHILIP FLOYD; from Collin County; 5th Court of Appeals District (05-22-01147-CV, ___ SW3d ___, 12-12-23)
|
| |
|
24-0433
|
IN RE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND BRITTANY MAEGAN PIERPORT; from Dallas County; 5th Court of Appeals District (05-24-00548-CV, ___ SW3d ___, 05-22-24)
|
| |
emergency motion for temporary relief denied
|
|
THE FOLLOWING APPEAL FROM A DECISION OF THE BOARD OF DISCIPLINARY APPEALS IS DISMISSED FOR WANT OF PROSECUTION:
|
|
24-0018
|
CURTIS LILLY v. COMMISSION FOR LAWYER DISCIPLINE (BODA Cause No. 67514)
|
