Supreme Court

September 27, 2024 

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Texas State Seal
THE SUPREME COURT OF TEXAS
Orders Pronounced September 27, 2024
 
ORDERS ON CAUSES
THE FOLLOWING CAUSE IS RESET FOR ORAL ARGUMENT:
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, 690 SW3d 341, 12-30-22)
 
2 petitions
 
[Note: This cause has been reset for oral argument at 9:00 a.m., October 1, 2024.]
Time allotted to argue: 20/20 minutes
THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:
21-1097
AMERICAN HONDA MOTOR CO., INC. v. SARAH MILBURN; from Dallas County; 5th Court of Appeals District (05-19-00850-CV, 668 SW3d 6, 11-24-21)
 
22-0427
TEXAS DEPARTMENT OF INSURANCE AND CASSIE BROWN, IN HER OFFICIAL CAPACITY AS COMMISSIONER OF THE TEXAS DEPARTMENT OF INSURANCE v. STONEWATER ROOFING, LTD. CO.; from Travis County; 7th Court of Appeals District (07-21-00016-CV, 641 SW3d 794, 02-02-22)
 
23-0443
RICHARD S. WADE v. VERTICAL COMPUTER SYSTEMS, INC. AND LUIZ VALDETARO; from Dallas County; 5th Court of Appeals District (05-22-00454-CV, ___ SW3d ___, 04-27-23)
ORDERS ON CASES GRANTED
THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
23-0317
MAURICE N. LEIBMAN M.D. v. CLEVERATTA WALDROUP AND JAMES WALDROUP, INDIVIDUALLY AND AS NEXT FRIENDS OF R. W., A MINOR; from Harris County; 1st Court of Appeals District (01-22-00182-CV, ___ SW3d ___, 03-23-23)
 
[Note: This case has been set for oral argument at 9:00 a.m., December 5, 2024.]
Time allotted to argue: 20/20 minutes
 
23-0644
KENSINGTON TITLE-NEVADA, LLC v. TEXAS DEPARTMENT OF STATE HEALTH SERVICES; from Travis County; 3rd Court of Appeals District (03-21-00370-CV, ___ SW3d ___, 07-07-23)
 
[Note: This case has been set for oral argument at 9:00 a.m., December 5, 2024.]
Time allotted to argue: 20/20 minutes
 
23-0662
RAOGER CORPORATION v. BARRIE MYERS; from Dallas County; 5th Court of Appeals District (05-21-00988-CV, ___ SW3d ___, 07-05-23)
 
[Note: This case has been set for oral argument at 9:00 a.m., January 13, 2025.]
Time allotted to argue: 20/20 minutes
 
23-0704
CHAD SEWARD, HOME DEPOT U.S.A., INC., AND POINT 2 POINT GLOBAL SECURITY, INC. v. ROGELIO SANTANDER SR. AND JULIA GARCIA, INDIVIDUALLY AND AS CO-ADMINISTRATORS OF THE ESTATE OF ROGELIO SANTANDER JR., AND CRYSTAL ALMEIDA; from Dallas County; 5th Court of Appeals District (05-21-00911-CV, ___ SW3d ___, 07-18-23)
 
2 petitions
objection to brief of amici curiae, being treated as motion to reject amici curiae brief, denied
motion for leave to file response to objection dismissed as moot
 
[Note: This case has been set for oral argument at 9:00 a.m., December 5, 2024.]
Time allotted to argue: 20/20 minutes
 
23-0987
COMMUNITY HEALTH CHOICE, INC. AND COMMUNITY HEALTH CHOICE TEXAS, INC. v. ACS PRIMARY CARE PHYSICIANS SOUTHWEST, P.A.; from Harris County; 14th Court of Appeals District (14-21-00519-CV, 676 SW3d 150, 08-15-23)
 
respondent's 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 opinions, dismisses the appeal as moot, and remands the case to the trial court. See Morath v. Lewis, 601 S.W.3d 785 (Tex. 2020).
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
23-0637
FRANK ELMER LANE, M.D. v. TEXAS MEDICAL BOARD; from Travis County; 3rd Court of Appeals District (03-21-00593-CV, ___ SW3d ___, 06-28-23)
 
23-0997
IN THE INTEREST OF A.N.C., A CHILD; from Bexar County; 4th Court of Appeals District (04-23-00497-CV, 679 SW3d 311, 10-31-23)
 
2 petitions
 
24-0100
NUECES COUNTY AND NUECES COUNTY APPRAISAL DISTRICT v. SAN PATRICIO COUNTY; from Refugio County; 13th Court of Appeals District (13-21-00466-CV, 683 SW3d 559, 12-28-23)
 
24-0156
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. ERNEST VALDEZ; from Bexar County; 4th Court of Appeals District (04-22-00113-CV, 690 SW3d 712, 01-31-24)
 
24-0221
REYNALDO GONZALEZ JR. v. MORGAN GRAHAM; from Cameron County; 13th Court of Appeals District (13-23-00091-CV, ___ SW3d ___, 01-18-24)
 
24-0241
ROBERT DIAKIW, HARLOW MANAGEMENT, L.L.C., MINAKI CAPITAL INVESTMENTS, LLC, LEGACY PRECAST, LLC AND LEGACY PRECAST ADMINISTRATIVE GROUP, LLC, RICHARD SCHULTZ, TOM HAINES, HUSSEIN SINJARI, PAT COOLEDGE, JERONIMO TREJO, AND HELEN HUERECA v. STITES MANAGEMENT, L.L.C., GULF SHORE ERECTORS, LLC, DALE STITES, MICHAEL T. STITES, STEPHEN SCOTT STITES, MARK ANDREW STITES, LINDA DIANNE WOOLARD, AND 4-S MANUFACTURING TEXAS, LLC (SUCCESSOR TO THE CLAIMS OF EAST TEXAS PRECAST CO., LTD., AND GULF COAST PRECAST ERECTORS, LLC); from Harris County; 14th Court of Appeals District (14-22-00439-CV, 693 SW3d 582, 11-21-23)
 
24-0263
STEPHEN PATRICK BLACK v. DR. NICHOLAS EDD AND PENILE PLETHYSMORGRAPH CLINICAN II; from Guadalupe County; 4th Court of Appeals District (04-23-00923-CV, ___ SW3d ___, 01-24-24)
 
24-0288
RG ALTS, LP v. BEN MCMILLAN, ANDREW SWAN, DAVID BENJAMIN JACOBSON, IDX GLOBAL, LLC, AND IDX DIGITAL ASSETS, LLC; from Dallas County; 5th Court of Appeals District (05-23-00011-CV, ___ SW3d ___, 01-24-24)
 
2 petitions
 
24-0298
CITY OF EULESS, SELF-INSURED v. MARTA DANYLYK, HELMUT HOFER, SOFIJA HOFER AND THE TEXAS SUBSEQUENT INJURY FUND; from Collin County; 5th Court of Appeals District (05-22-00898-CV, ___ SW3d ___, 12-12-23)
 
24-0314
STEPHEN S. L. EARLEY AND DOROTHY ANN EARLEY v. NATIONSTAR MORTGAGE, L.L.C. A/K/A MR. COOPER AND U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR BANC OF AMERICA FUNDING 2008-FT1 TRUST, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2008-FT1; from Cameron County; 13th Court of Appeals District (13-22-00246-CV, ___ SW3d ___, 03-21-24)
 
24-0318
GUADALUPE RODRIGUEZ v. ACADEMY, LTD. D/B/A ACADEMY SPORTS + OUTDOORS; from Travis County; 14th Court of Appeals District (14-23-00234-CV, 694 SW3d 780, 03-05-24)
 
24-0393
CITY OF HOUSTON AND HOUSTON AIRPORT SYSTEM v. CHRISTOPHER GRINER; from Harris County; 14th Court of Appeals District (14-24-00164-CV, ___ SW3d ___, 03-28-24)
 
24-0416
CYNTHIA S. FORNESA AND RICARDO FORNESA, JR. v. EFG COMPANIES; JOHN PAPPANASTOS; SCOTT KNAPP; from Fort Bend County; 14th Court of Appeals District (14-23-00579-CV, ___ SW3d ___, 02-08-24)
 
24-0419
SUNBELT RENTALS, INC. v. FRANCISCO HERRERA; from Harris County; 1st Court of Appeals District (01-22-00793-CV, ___ SW3d ___, 04-09-24)
 
24-0445
TERESA SHUMSKIE v. TRINA FINNELL; from Midland County; 11th Court of Appeals District (11-22-00130-CV, 688 SW3d 380, 04-25-24)
 
24-0461
MAURO E. GARZA AND EVERETT HOLDINGS, LLC v. JULIA PEREZ; from Bexar County; 7th Court of Appeals District (07-23-00271-CV, ___ SW3d ___, 04-23-24)
 
24-0519
PEDRO ECHARTEA v. JUAN D. FLORES AND MARTHA O. GONZALEZ; from Brazoria County; 14th Court of Appeals District (14-22-00920-CV, 691 SW3d 774, 06-04-24)
 
24-0531
MILLER MACHINE & WELDING, INC. v. THE STATE OF TEXAS; from Harris County; 14th Court of Appeals District (14-23-00201-CV, 694 SW3d 908, 05-07-24)
 
24-0551
C.H. AND A.C. v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Travis County; 3rd Court of Appeals District (03-24-00104-CV, ___ SW3d ___, 05-31-24)
 
counsel's motion to withdraw granted
 
24-0579
KYLE AND DALA COWDEN v. MARKUS HENDERSON AND SCHAWANDA HENDERSON; from Denton County; 2nd Court of Appeals District (02-23-00382-CV, ___ SW3d ___, 06-06-24)
 
24-0669
IN RE THE COMMITMENT OF LENNON RAY GREEN; from Dallas County; 5th Court of Appeals District (05-23-00472-CV, ___ SW3d ___, 04-29-24)
 
24-0726
IN THE INTEREST OF N.I.L., JR., N.T.L., AND N.A.E.L., CHILDREN; from Bexar County; 4th Court of Appeals District (04-24-00058-CV, ___ SW3d ___, 07-17-24)
 
24-0731
IN THE INTEREST OF W.C. AND R.Z., CHILDREN; from Nueces County; 13th Court of Appeals District (13-24-00312-CV, ___ SW3d ___, 08-30-24)
 
counsel's motion to withdraw granted
 
24-0751
IN THE INTEREST OF E.A.O.E. AKA E.O.E., G.E.O.E. AKA G.O.E., CHILDREN; from Harris County; 14th Court of Appeals District (14-24-00240-CV, ___ SW3d ___, 08-20-24)
 
counsel's motion to withdraw granted
 
24-0763
J.M. v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Milam County; 3rd Court of Appeals District (03-24-00148-CV, ___ SW3d ___, 07-31-24)
 
24-0769
IN THE INTEREST OF M.E.G.-C., A CHILD; from Bexar County; 4th Court of Appeals District (04-24-00086-CV, ___ SW3d ___, 07-31-24)
 
24-0773
IN THE INTEREST OF J.C., M.C., AND K.J.C., CHILDREN; from Trinity County; 12th Court of Appeals District (12-24-00113-CV, ___ SW3d ___, 07-31-24)
 
24-0774
IN THE INTEREST OF A.I.R., A CHILD; from Bexar County; 4th Court of Appeals District (04-24-00130-CV, ___ SW3d ___, 08-07-24)
 
24-0781
IN THE INTEREST OF J.H. AND E.H., CHILDREN; from Tarrant County; 2nd Court of Appeals District (02-24-00191-CV, ___ SW3d ___, 08-22-24)
 
counsel's motion to withdraw granted
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
23-0758
IN RE GLENN ALLEN HEGAR, JR., TEXAS COMPTROLLER OF PUBLIC ACCOUNTS; from Travis County; 3rd Court of Appeals District (03-22-00101-CV, ___ SW3d ___, 08-25-23)
 
(Justice Devine not participating)
 
23-0944
IN RE TRENT BROOKSHIRE; from Smith County; 12th Court of Appeals District (12-23-00236-CV, ___ SW3d ___, 11-08-23)
 
as reinstated
 
24-0203
IN RE CITY OF HOUSTON; from Harris County; 14th Court of Appeals District (14-24-00193-CV, ___ SW3d ___, 03-15-24)
 
as reinstated
 
24-0357
IN RE PRIME INCOME ASSET MANAGEMENT, LLC, PRIME INCOME ASSET MANAGEMENT, INC., PILLAR INCOME ASSETT MANAGEMENT, INC., AND BRADFORD PHILLIPS; from Dallas County; 5th Court of Appeals District (05-24-00502-CV, ___ SW3d ___, 04-30-24)
 
as supplemented
motion for emergency stay dismissed as moot
 
(Justice Young not participating)
 
24-0369
IN RE KEVIN MICHAEL SHEA
 
24-0511
IN RE JUSTIN WILLIAMS AND REBEKAH WILLIAMS, A/N/F M.L.W.; from Tarrant County; 2nd Court of Appeals District (02-23-00155-CV, ___ SW3d ___, 12-14-23)
 
24-0609
IN RE KEVIN HROMAS; from Harris County; 1st Court of Appeals District (01-24-00150-CV, ___ SW3d ___, 07-16-24)
 
24-0676
IN RE DLA PIPER LLP (US), TEXAS EAR, NOSE & THROAT SPECIALISTS, PLLC, TEXAS ENT HOLDCO, LLC, AND J. CARY MOORHEAD, M.D.; from Harris County; 1st Court of Appeals District (01-24-00171-CV, ___ SW3d ___, 08-15-24)
 
relators' emergency motion for stay denied
 
24-0702
IN RE DLA PIPER LLP (US); from Harris County; 1st Court of Appeals District (01-24-00202-CV, ___ SW3d ___, 08-15-24)
 
24-0748
IN RE LON SMITH & ASSOCIATES, INC. AND A-1 SYSTEMS, INC. D/B/A LON SMITH ROOFING AND CONSTRUCTION; from Tarrant County; 2nd Court of Appeals District (02-24-00366-CV, ___ SW3d ___, 09-04-24)
 
relators' motion for temporary relief denied
THE DECISION OF THE BOARD OF DISCIPLINARY APPEALS IN THE FOLLOWING APPEAL IS AFFIRMED:
24-0367
PEJMAN MAADANI v. COMMISSION FOR LAWYER DISCIPLINE (BODA Cause No. 68164)