Supreme Court

June 13, 2025 

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THE SUPREME COURT OF TEXAS
Orders Pronounced June 13, 2025
 
ORDERS ON CAUSES
23-0167
THE UNIVERSITY OF TEXAS RIO GRANDE VALLEY v. RITA OTEKA; from Hidalgo County; 13th Court of Appeals District (13-22-00063-CV, 704 SW3d 1, 01-26-23)
 
The Court affirms the court of appeals' judgment.

Justice Devine delivered the opinion of the Court.
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, 690 SW3d 369, 04-12-23)
 
The Court reverses the court of appeals' judgment in part, renders judgment in part, and remands the case to the trial court.

Justice Busby delivered the opinion of the Court, in which Justice Boyd, Justice Devine, Justice Bland, and Justice Sullivan joined, in which Chief Justice Blacklock joined as to Part I, and in which Justice Lehrmann, Justice Huddle, and Justice Young joined as to Parts II, III, and IV.

Justice Lehrmann filed an opinion dissenting in part, in which Justice Huddle and Justice Young joined.
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, 703 SW3d 136, 08-30-23)
 
The Court reverses the court of appeals' judgment in part and remands the case to that court.

Justice Huddle delivered the opinion of the Court.
23-0965
IN THE INTEREST OF N.L.S. AND E.J.C. A/K/A E.J.C., CHILDREN; from Brazoria County; 1st Court of Appeals District (01-23-00297-CV, ___ SW3d ___, 10-12-23)
 
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment in part and remands the case to that court.

Per Curiam Opinion

Chief Justice Blacklock filed a dissenting opinion, in which Justice Devine and Justice Sullivan joined.
View Electronic Briefs | Oral Argument N/A

24-0149
IN RE MARTIN LEE KAY; from Harris County; 14th Court of Appeals District (14-23-00710-CV)
 
stay order issued April 5, 2024, lifted
 
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the writ of mandamus.

Per Curiam Opinion
View Electronic Briefs | Oral Argument N/A

24-0714
GARY PEREZ AND MATILDE TORRES v. CITY OF SAN ANTONIO (U.S. Fifth Circuit 23-50746)
 
The Court answers the question certified by the United States Court of Appeals for the Fifth Circuit.

Justice Boyd delivered the opinion of the Court, in which Chief Justice Blacklock, Justice Lehrmann, Justice Devine, Justice Busby, Justice Bland, Justice Huddle, and Justice Young joined.

Justice Sullivan filed a dissenting opinion.
THE MOTION IN THE FOLLOWING CAUSE IS GRANTED:
24-0286
STUDIO E. ARCHITECTURE AND INTERIORS, INC. v. EMILY LEHMBERG; from Bexar County; 4th Court of Appeals District (04-22-00857-CV, 690 SW3d 725, 02-28-24)
 
petitioner's unopposed motion to reschedule oral argument granted
 
[Note: The date and time for oral argument are yet to be determined.]
ORDERS ON CASES GRANTED
THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
24-0037
NUSTAR ENERGY, L.P. v. GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS; AND KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS; from Travis County; 3rd Court of Appeals District (03-21-00669-CV, 683 SW3d 831, 12-21-23)
 
[Note: The date and time for oral argument are yet to be determined.]
 
(Justice Lehrmann not participating)
 
24-0340
REYNALDO "REY" GONZALEZ, JR., M.D., J.D. v. TEXAS MEDICAL BOARD; from Travis County; 3rd Court of Appeals District (03-22-00205-CV, ___ SW3d ___, 10-31-23)
 
[Note: The date and time for oral argument are yet to be determined.]
 
24-0438
BRAXTON MINERALS III, LLC v. ROBERT SCOTT BAUER AND BRAXTON MINERALS II, LLC; from Tarrant County; 2nd Court of Appeals District (02-23-00269-CV, 689 SW3d 633, 04-18-24)
 
[Note: The date and time for oral argument are yet to be determined.]
 
24-0516
RON VALK D/B/A PLATINUM CONSTRUCTION v. COPPER CREEK DISTRIBUTORS, INC. AND JOSE DONICETH ESCOFFIE; from Rockwall County; 5th Court of Appeals District (05-23-00123-CV, ___ SW3d ___, 05-24-24)
 
[Note: The date and time for oral argument are yet to be determined.]
 
24-0525
S&B ENGINEERS & CONSTRUCTORS, LTD. AND ZURICH AMERICAN INSURANCE COMPANY v. SCALLON CONTROLS, INC.; from Jefferson County; 9th Court of Appeals District (09-22-00261-CV, ___ SW3d ___, 05-23-24)
 
2 petitions
 
[Note: The date and time for oral argument are yet to be determined.]
 
24-0543
FAMILY DOLLAR STORES OF TEXAS, LLC, ARCP FDCCC1403 LLC, 7B BUILDING & DEVELOPMENT, LLC, TRIPLE C DEVELOPMENT, INC., BURKHARDT ENGINEERING COMPANY, AND M&S UTILITY CONSTRUCTION, LLC v. JLMH INVESTMENTS, LLC; from Tarrant County; 2nd Court of Appeals District (02-23-00233-CV, ___ SW3d ___, 06-13-24)
 
[Note: The date and time for oral argument are yet to be determined.]
 
24-0864
CITY OF SAN ANTONIO v. NADINE REALME; from Bexar County; 4th Court of Appeals District (04-23-00885-CV, ___ SW3d ___, 08-28-24)
 
[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:
24-0494
IN RE BRENHAM NURSING AND REHABILITATION CENTER, AND REGENCY IHS OF BRENHAM, LLC; from Washington County; 1st Court of Appeals District (01-23-00946-CV, ___ SW3d ___, 03-05-24)
 
[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:
23-0780
COBB DEVELOPMENT AND VANCE COBB v. TIMOTHY FRANCIS MCCABE; from Travis County; 3rd Court of Appeals District (03-21-00524-CV, ___ SW3d ___, 06-15-23)
 
24-0418
CITY OF DALLAS v. KATRINA AHRENS; S.A., AND M.A., CHILDREN; from Johnson County; 10th Court of Appeals District (10-23-00315-CV, ___ SW3d ___, 04-11-24)
 
24-0617
DANIEL KEARNS v. RON HELLER & BUSINESS AIR INC.; from Bexar County; 8th Court of Appeals District (08-23-00300-CV, ___ SW3d ___, 06-18-24)
 
motion to strike, as amended, dismissed as moot
 
24-0671
THE BANK OF SAN ANTONIO AND TEXAS EXPRESS FUNDING, LLC v. DEWEY BRYANT AND PAUL WEAVER; from Comal County; 3rd Court of Appeals District (03-22-00311-CV, ___ SW3d ___, 07-03-24)
 
(Justice Boyd not participating)
 
24-0684
THAO VAN DAO, PHUONG THU NGUYEN, KIENG KIN HUYNH, THUA THI LUONG, AND THUY THU NGUYEN v. THE QUOC TRINH; from Brazoria County; 14th Court of Appeals District (14-23-00131-CV, ___ SW3d ___, 05-09-24)
 
24-0687
THOMAS GUNDERSON v. NATIONAL INDOOR RV CENTERS, LLC; from Denton County; 2nd Court of Appeals District (02-24-00025-CV, ___ SW3d ___, 07-11-24)
 
24-0722
BENJAMIN J. CORBIN AND CINDY NICOLE KROTH v. THE COMMONS OF LAKE HOUSTON PROPERTY OWNERS ASSOCIATION, INC.; from Harris County; 14th Court of Appeals District (14-23-00668-CV, 696 SW3d 267, 07-23-24)
 
24-0739
IN THE INTEREST OF P.A., A CHILD; from Dallas County; 5th Court of Appeals District (05-22-01048-CV, ___ SW3d ___, 04-17-24)
 
motion to dismiss, as amended, dismissed as moot
 
24-0821
JAMES C. DONNAN AND TREASA LYNN DONNAN v. RTJ CAPITAL GROUP, LLC; from Bell County; 7th Court of Appeals District (07-23-00360-CV, ___ SW3d ___, 07-31-24)
 
24-0862
EDUARDO F. MORENO, INDIVIDUALLY, AND D/B/A CASA BLANCA COLLISION v. HARRIS COUNTY TAX ASSESSOR COLLECTOR; from Harris County; 14th Court of Appeals District (14-22-00607-CV, ___ SW3d ___, 08-29-24)
 
24-0886
JEROME KARAM AND JMK5 HOLDINGS, LLC v. THE AKERS FIRM, PLLC; BROCK AKERS CORDT AKERS; DALY & BLACK, P.C.; AND ANDREW DAO; from Galveston County; 14th Court of Appeals District (14-23-00127-CV, ___ SW3d ___, 07-09-24)
 
24-0893
JOHN DAVIS, INDIVIDUALLY AND AS GUARDIAN OF THE PERSON AND ESTATE OF ANGELA DAVIS, AN INCAPACITATED PERSON v. TEXAS HEALTH HARRIS METHODIST HOSPITAL SOUTHWEST FORT WORTH; from Tarrant County; 2nd Court of Appeals District (02-23-00055-CV, ___ SW3d ___, 08-01-24)
 
24-0916
CITY OF HOUSTON v. JESSICA ZUNIGA; from Harris County; 1st Court of Appeals District (01-23-00853-CV, ___ SW3d ___, 07-02-24)
 
Justice Young filed an opinion concurring in the denial of the petition for review, in which Justice Lehrmann, Justice Boyd, and Justice Sullivan joined.
View Electronic Briefs | Oral Argument N/A

 
24-0928
KELLI DEWISPELARE v. JAMIE DEWISPELARE; from Dallas County; 5th Court of Appeals District (05-24-00176-CV, ___ SW3d ___, 09-23-24)
 
24-0932
DELIRIUM TV LLC v. TRAN DANG; from Harris County; 1st Court of Appeals District (01-23-00383-CV, ___ SW3d ___, 04-09-24)
 
petitioner's emergency motion for stay dismissed as moot
 
24-0935
LAUREN FLODQUIST v. CHRISTON GRIFFIN; from Denton County; 2nd Court of Appeals District (02-24-00047-CV, ___ SW3d ___, 10-10-24)
 
24-0936
DANIEL KEARNS v. RON HELLER & BUSINESS AIR INC.; from Bexar County; 4th Court of Appeals District (04-23-01089-CV, ___ SW3d ___, 07-17-24)
 
motion to strike dismissed as moot
 
24-0959
CITY OF BUDA v. N. M. EDIFICIOS, LLC; from Hays County; 7th Court of Appeals District (07-23-00427-CV, ___ SW3d ___, 07-02-24)
 
24-0968
ANIBAL CANALES, JR. v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE, BRYAN COLLIER, BOBBY LUMPKIN, AND KELLY STRONG; from Travis County; 3rd Court of Appeals District (03-23-00248-CV, ___ SW3d ___, 07-12-24)
 
24-0975
DIANE CREPEAU AND LARI RENINGER v. MICHAEL COMBS AND MICHAEL COMBS PROPERTIES, LLC; from Dallas County; 5th Court of Appeals District (05-23-00088-CV, ___ SW3d ___, 10-07-24)
 
24-0977
DOUBLE H INTERNATIONAL HOLDINGS, INC. v. BAKER AVIATION, LLC AND BAKER AVIATION MAINTENANCE, LLC; from Tarrant County; 2nd Court of Appeals District (02-22-00342-CV, ___ SW3d ___, 08-15-24)
 
(Justice Devine not participating)
 
24-1007
STACY DEBNAM v. GAY AND LOUDERMILK ENGINEERS, INC.; from Harris County; 14th Court of Appeals District (14-23-00954-CV, ___ SW3d ___, 10-15-24)
 
24-1028
KENNETH DALE STEPHENS v. BARBARA LYNN STEPHENS; from Tarrant County; 2nd Court of Appeals District (02-23-00081-CV, ___ SW3d ___, 09-19-24)
 
24-1068
HUNT COUNTY APPRAISAL DISTRICT v. LAKE TAWAKONI WIND POINT PARK CORPORATION; from Hunt County; 6th Court of Appeals District (06-24-00016-CV, ___ SW3d ___, 10-28-24)
 
(Justice Devine not participating)
 
25-0163
FARMERS TEXAS COUNTY MUTUAL INSURANCE CO. v. FLOYD BARR; from Montgomery County; 9th Court of Appeals District (09-22-00321-CV, ___ SW3d ___, 05-23-24)
 
25-0167
IN THE INTEREST OF M.S., S.M., K.S., AND A.G., CHILDREN; from Hall County; 7th Court of Appeals District (07-24-00264-CV, ___ SW3d ___, 01-08-25)
 
25-0241
STATE FARM LLOYDS v. ALICE LADKIN; from Tarrant County; 2nd Court of Appeals District (02-23-00213-CV, ___ SW3d ___, 02-06-25)
 
25-0290
DEK-M NATIONWIDE, LTD v. DAVID HILL D/B/A DOH OIL CO., CASSIE MOSELEY, DAVID MOSELEY AND COLORADO COUNTY CENTRAL APPRAISAL DISTRICT; from Colorado County; 14th Court of Appeals District (14-24-00118-CV, ___ SW3d ___, 12-12-24)
 
25-0293
ADRIANO KRUEL BUDRI v. GREG PATRICK MCALLISTER AND JEREMY W. HAWPE; from Tarrant County; 2nd Court of Appeals District (02-24-00092-CV, ___ SW3d ___, 02-13-25)
 
motion for temporary relief and stay, as amended, dismissed as moot
 
25-0304
HARRIS COUNTY APPRAISAL DISTRICT v. 11490 WESTHEIMER ROAD LLC (ROYAL OAKS CENTRE OFFICE BUILDING); from Harris County; 14th Court of Appeals District (14-24-00293-CV, ___ SW3d ___, 11-26-24)
 
25-0313
EDWARD JACKSON, ET AL. v. HARRISON CENTRAL APPRAISAL DISTRICT; from Harrison County; 6th Court of Appeals District (06-24-00077-CV, ___ SW3d ___, 02-26-25)
 
25-0324
JOHN MICHAEL HERRMANN AND CONCHITA HENARES HERRMANN v. CREDIT UNION OF TEXAS; from Guadalupe County; 4th Court of Appeals District (04-24-00848-CV, ___ SW3d ___, 02-26-25)
 
motion to exceed word limit granted
 
25-0395
T.B. FARMS, LTD. v. GRAND PRIX PIPELINE, LLC; from Madison County; 1st Court of Appeals District (01-23-00243-CV, ___ SW3d ___, 03-27-25)
 
(Justice Devine not participating)
ORDERS ON MOTIONS FOR REHEARING
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR REVIEW IS GRANTED:
24-0834
AMBER CARDEN AND WILLIAM DUNCAN MCGEE v. MINTON, BASSETT, FLORES & CARSEY, P.C.; AND JOHN C. CARSEY, INDIVIDUALLY; from Travis County; 3rd Court of Appeals District (03-22-00513-CV, ___ SW3d ___, 08-21-24)
 
denial of petition for review on January 31, 2025, withdrawn
petition reinstated
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
23-0423
PBEX II, LLC; PBEX OPERATIONS, LLC; PBEX OPERATING, LTD.; WORD B. WILSON INVESTMENTS, LP; PRIMERO ENERGY, LLC; CHEL-TRAND HOLDINGS, LLC; WPW PERMIAN LLC; AND CBS PERMIAN, LLC; AND TORCH OIL & GAS COMPANY v. DORCHESTER MINERALS, L.P. AND DORCHESTER MINERALS OPERATING, L.P.; from Midland County; 7th Court of Appeals District (07-21-00212-CV, 670 SW3d 374, 04-28-23)
 
2 rehearings
 
(Justice Devine not participating)
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
24-0537
IN RE J. KYLE BASS, ET AL.; from Dallas County; 5th Court of Appeals District (05-23-00359-CV, ___ SW3d ___, 03-18-24)
 
24-0999
IN RE WESTPORT INSURANCE CORPORATION; from Newton County; 9th Court of Appeals District (09-24-00127-CV, ___ SW3d ___, 10-24-24)
 
motion for temporary relief dismissed as moot
 
(Justice Devine not participating)
 
25-0376
IN RE STEPHEN PATRICK BLACK; from Guadalupe County; 4th Court of Appeals District (04-24-00692-CV, ___ SW3d ___, 04-09-25)
 
25-0381
IN RE ANDRÉ A. WHEELER; from Harris County; 1st Court of Appeals District (01-24-00862-CV, ___ SW3d ___, 03-27-25)
 
25-0384
IN RE C.B.; from Denton County; 2nd Court of Appeals District (02-25-00026-CV, ___ SW3d ___, 03-06-25)
 
motion to strike granted
motion for stay denied
STAY ORDERS ARE ISSUED IN THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS:
25-0316
IN RE PATRICK DAUGHERTY; from Dallas County; 5th Court of Appeals District (05-25-00442-CV, ___ SW3d ___, 04-14-25)
 
relator's emergency motion for stay and temporary relief granted, as supplemented
stay order issued
 
[Note: The petition for writ of mandamus remains pending before this Court.]
 
25-0428
IN RE AUTOMOTIVE PROMOTION CONSULTANTS, LLC D/B/A RENT 2 OWN HQ; from Harris County; 14th Court of Appeals District (14-24-00883-CV, ___ SW3d ___, 05-15-25)
 
administrative stay order issued May 23, 2025, lifted
relator's motion for emergency temporary relief granted in part
stay order issued
 
[Note: The petition for writ of mandamus remains pending before this Court.]
THE FOLLOWING PETITION FOR WRIT OF INJUNCTION IS DENIED:
25-0373
IN RE JOSEPH DINGLER; from Tarrant County