ORDER MOLLY FRANCIS , Justice . We DENY appellees' March 8, 2016 motion for rehearing. DISSENTING OPINION ON MOTION FOR REHEARING Dissenting Opinion by Justice DAVID EVANS . I respectfully dissent from the denial of the motion for rehearing in this case. I agree with appellees that the correct remedy for the error identified in the majority's opinion would be for us to abate and remand to the trial court for findings of fact to be filed by former Judge Martin Lowy. See TEX. R. APP....
ORDER CRAIG STODDART Justice . Before the Court is appellant's motion for rehearing. The motion is DENIED. DISSENTING OPINION ON MOTION FOR REHEARING Opinion by Justice DAVIS EVANS . For the reasons expressed in my dissenting opinion on motion for rehearing in Chan Pak v. Ad Villarai, LLC, No. 05-14-01312-CV (issued this same day), I respectfully dissent from the denial of the motion for rehearing in this case.
OPINION TERRIE LIVINGSTON , CHIEF JUSTICE . This is an interlocutory appeal from the denial of a plea to the jurisdiction based on alleged governmental immunity. See Tex. Civ. Prac. & Rem. Code Ann. 51.014(a)(8) (West Supp. 2016). In a single issue, appellant Tarrant Regional Water District (TRWD) contends that the trial court erred by denying its plea to the jurisdiction because the Texas Tort Claims Act (TTCA) does not waive its immunity from suit on the claims brought by appellees...
ORDER PER CURIAM Relators, Norma Rivera, Ralph Rivera, and Texas Wrecker Service, filed a petition for writ of mandamus in the above cause on December 27, 2016. Through this original proceeding, relators seek to compel the trial court to dismiss the underlying case for want of prosecution. The Court requests that the real parties in interest, D. L. Resendez, R. Schalman d/b/a Apollo Towing and Easy Rider Wrecker Service, or any others whose interest would be directly affected by the relief...
ORDER KAREN ANGELINI , Justice . Appellant's motion for extension of time to file a reply brief is GRANTED. Appellant's reply brief is due February 8, 2017. No further extensions will be granted. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 29th day of December, 2016.
ORDER CRAIG STODDART , Justice . Before the Court is appellant's December 21, 2016 first motion to extend time to file his brief on the merits. We GRANT the motion and ORDER the brief filed no later than January 20, 2017.
MEMORANDUM OPINION Opinion by Justice ROBERT M. FILLMORE . Appellant Carol Kam 1 appeals the probate court's denial of her statutory bill of review. See TEX. EST. CODE ANN. 55.251 (West 2014). 2 Carol asserts the probate court should have granted her statutory bill of review because the court erred in the underlying litigation by finding a trust agreement was invalid; finding other documents associated with deceased Robert S. Kam's estate were valid, Robert possessed legal capacity...
ORDER PER CURIAM . Appellants' motion for an extension of time to file a reply brief is granted to January 21, 2017. Appellants' request to postpone submission is denied.
OPINION Sharon McCally , Justice . Appellants Gusma Properties, L.P. and Gusma Investments, L.P. (collectively, the Gusma parties) 1 challenge the trial court's (a) grant of summary judgment in favor of appellee the Travelers Lloyds Insurance Company on the Gusma parties' claim under the Texas Insurance Code's prompt payment provisions and (b) denial of the Gusma parties' amended motion for partial summary judgment. Because we determine that the trial court correctly granted Travelers'...
ORDER PER CURIAM . This is an accelerated appeal from an order granting a temporary injunction. Appellees have filed a motion for contempt and referral to the trial court alleging appellants have violated the temporary injunction. See Tex. R. App. P. 29.4. Appellants have responded to the motion. The parties have also filed replies in support of their positions. Rule 29.4 provides that, while an appeal from an interlocutory order is pending, only the appellate court may enforce the order....
MEMORANDUM OPINION PER CURIAM 1 Relators Farmers Texas County Mutual Insurance Company and Erika Vallejo filed a petition for writ of mandamus in the above cause seeking to compel the trial court (1) to vacate a November 30, 2016 order denying relators' motion to sever and abate, and (2) to render an order granting that motion. The parties to this original proceeding have now filed an agreed motion to dismiss this cause on grounds that they have settled and compromised their differences....
ORDER ADA BROWN , Justice . The Court has before it appellant's December 22, 2016 motion to abate this appeal. In the motion, appellant notes that, despite our October 27, 2016 order and his requests to the court reporter regarding portions of the reporter's record, the record is still incomplete. Specifically, the reporter's record is missing State's exhibit 1, labeled "PHOTO," State's exhibit 2, labeled "911 CALL DISK" and defendant's exhibit 1, labeled "INTERVIEW DISK." We GRANT...
OPINION William J. Boyce , Justice . Carmel Financial Corporation, Inc. appeals from the trial court's orders on cross-motions for summary judgment. The orders arise from claims against Shaun Donovan in his official capacity as Secretary of Housing and Urban Development ("HUD") 1 and Stephanie Dickson in connection with Carmel's judicial foreclosure and declaratory judgment action. This dispute focuses on the reach of a Texas Uniform Commercial Code (UCC) fixture filing and subsequent...
ORDER SANDEE BRYAN MARION , Chief Justice . Appellant's second motion for extension of time to file brief is hereby GRANTED. Time is extended to January 3, 2017. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 28th day of December, 2016.
OPINION Josh R. Morriss, III , Chief Justice . Approximately thirty-eight minutes elapsed between Hunt County Deputy Kyle Wylesky's initial traffic stop of a pickup truck driven by Christopher Norris Cagle and Texas Department of Public Safety Trooper Robert McDonald's arrival on the scene of the stop as requested to administer field sobriety tests to Cagle. The question before us on this appeal of Cagle's conviction for driving while intoxicated (DWI) is whether, under the circumstances...
MEMORANDUM OPINION PER CURIAM . Appellants' brief, which was due on October 3, 2016, has not been filed. On November 21, 2016, this court ordered appellants to show cause in writing within ten (10) days why this appeal should not be dismissed for want of prosecution. Appellants did not respond. Accordingly, the appeal is dismissed for want of prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3(b). Costs of appeal are taxed against appellants.
ORDER PATRICIA O. ALVAREZ , Justice . Appellant Trudy Jane Schuetze Sundin filed her brief on November 2, 2016. Appellee filed his brief on November 18, 2016. On December 7, 2016, Appellant filed a reply brief, a motion for leave to file an amended brief, and the amended brief. See TEX. R. APP. P. 38.7; 4TH TEX. APP. (SAN ANTONIO) LOC. R. 8.4 (noting an amended brief "completely replaces the original brief"). In her opposed motion for leave to the file an amended brief, Appellant notes...
OPINION ANNE GARDNER , JUSTICE . In two issues, Appellant Christopher Hoskins appeals an interlocutory order denying his motion to dismiss under the Texas Citizens Participation Act (TCPA). See Tex. Civ. Prac. & Rem. Code Ann. 27.001-.11, 51.014(a)(12) (West 2015). We affirm. I. Background Appellee Perry Fuchs is a tenured professor and Interim Department Chair of Psychology at the University of Texas at Arlington (UTA). Hoskins's girlfriend, Michelle White, was a graduate student...
MEMORANDUM OPINION Laura Carter Higley , Justice . In this appeal, we determine whether the trial court correctly granted summary judgment to Oxea Corporation based on the protections afforded under Chapter 95 of the Civil Practice and Remedies Code, which shields property owners from liability to contractors, subcontractors, and their employees in certain circumstances. The summary judgment disposed of the negligence claims brought by Henry Rawson Jr., a contractor's employee, who was...
MEMORANDUM OPINION Opinion by Justice DOUGLAS S. LANG . Before the Court is appellant's December 12, 2016 unopposed motion to dismiss this appeal. Appellants have informed the Court that they no longer desire to pursue this appeal. Accordingly, we grant the motion and dismiss this appeal. See TEX. R. APP. P. 42.1(a)(1). JUDGMENT In accordance with this Court's opinion of this date, the appeal is DISMISSED. It is ORDERED that appellees CITY OF DALLAS, AT&T MOBILITY LLC,...
