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)
|
|
|
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.
|
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
|
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)
|
|
|
|
[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)
|
|
|
|
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)
|
|
|
|
(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
|