ORDER PER CURIAM . Relators Ocampo Partners, Ltd.; Belco Equities, Inc.; Riverhorse Equities II, Ltd.; and Douglas McDermott as Trustee of the Rudy Belton Management Trust filed a petition for a writ of mandamus challenging the district court's December 27, 2017 Order Denying Motion to Disqualify Counsel in cause number D-1-GN-17-002572, John Koren, et al. v. Ocampo Partners, Ltd., et al. See Tex. R. App. P. 52.1. Relators also filed an Emergency Motion for Temporary Relief requesting a...
MEMORANDUM OPINION Opinion by Justice DAVID EVANS . Appellant Carlos Morales asserts that the trial court erred in denying his motion to dismiss pursuant to chapter 27 of the Texas Civil Practice & Remedies Code. Morales also asserts that the trial court abused its discretion in granting appellee David Barnes's motion to disregard Morales's reply to Barnes's response to motion to dismiss. We affirm in part and reverse in part. BACKGROUND Barnes and Jennifer Lancashire (Lancashire)...
OPINION LEE GABRIEL , JUSTICE . Appellant Donald Ray Wells appeals from his conviction for aggravated sexual assault of a child under fourteen and his eight-year sentence. In five issues, he argues that the trial court erred by (1) allowing a doctor to testify regarding the child complainant's sexual-assault examination instead of the nurse examiner who conducted the exam, (2) allowing Appellant's daughter to testify to Appellant's past similar behavior with her and to a hearsay statement...
ORDER ELIZABETH LANG-MIERS , Justice . Before the Court is appellee's December 21, 2017 second unopposed motion for an extension of time to file a brief. We GRANT and extend the time to January 30, 2018.
ORDER SANDEE BRYAN MARION , Chief Justice . On October 16, 2017, relator filed a petition for writ of mandamus challenging the trial court's order granting a motion for new trial. On November 17, 2017, we abated this proceeding to allow the successor trial judge to reconsider the prior order. See TEX. R. APP. P. 7.2(b). On December 20, 2017, relator filed a motion to dismiss this proceeding as moot because the successor trial judge signed an order setting aside the order granting the new...
DO NOT PUBLISH. TEX. R. APP. P. 47.2(b). MEMORANDUM OPINION PER CURIAM . Appellant, Michael Deion Trammell, has filed a motion to dismiss his appeal in compliance with Texas Rule of Appellate Procedure 42.2(a). 1 See TEX. R. APP. P. 42.2(a). Although the motion does not indicate whether it is opposed, it contains a certificate of service on counsel for the State, has been on file with this Court for more than ten days with no response, and no opinion has issued. See id. 9.5(d), (e),...
ORDER IRENE RIOS , Justice . On October 2, 2017, the court reporter filed a notification of late record requesting an extension of time to file the reporter's record. We granted the court reporter's request and extended the time for filing to November 6, 2017. On November 14, 2017, the clerk of this court was notified by the court reporter via phone that the court reporter would filed a notification of late record, and on November 27, 2017, the court reporter filed a second notification of...
MEMORANDUM OPINION TOM GRAY , Chief Justice . Relator's Petition for Writ of Mandamus was filed on October 11, 2017. Relator now requests that we dismiss its Petition asserting that the parties have amicably resolved the underlying dispute in this proceeding. Relator also asserts that the real parties in interest are not opposed to the motion. Relator's motion is granted, and the Petition for Writ of Mandamus is dismissed.
ORDER LAURA CARTER HIGLEY , Judge . On December 19, 2017, appellant, Darla Lexington, filed a third motion for an extension of time to file her brief until December 29, 2017. Appellant's motion requested an extension because the district clerk had instructed her to seek leave with this Court to file her brief and appendix under seal to comply with the trial court's protective order and sealing order. On December 20, 2017, the Clerk of this Court granted appellant's extension until December...
MEMORANDUM OPINION Memorandum Opinion by Justice MOSELEY . Luis Loeza filed a notice of appeal in this matter on September 26, 2017. 1 The clerk's and reporter's records were due to be filed with this Court on or before October 23, 2017. On October 23, the district clerk filed a motion for extension of time in which to file the record on the basis that no payment and no arrangement for payment for preparation of the clerk's record had been made by Loeza. We granted the clerk's motion,...
ORDER SANDEE BRYAN MARION , Chief Justice . On June 19, 2017, a verified motion to recuse Justice Marialyn Barnard, signed by Ms. Beth Watkins, one of the appellants' attorneys, was filed during the monitoring stage of this appeal, requesting Justice Barnard's recusal from this and "any other cases in which Watkins or a member of her firm appear as counsel." On that date, Justice Barnard was assigned as the monitoring justice for this appeal pursuant to the Fourth Court of Appeals'...
ORDER PER CURIAM . Relator State Farm Lloyds filed a petition for writ of mandamus in the above cause on December 20, 2017. Through this original proceeding, relator contends that the trial court abused its discretion by reinstating the underlying case after its plenary power expired. The Court requests that the real party in interest, Guadalupe Ozuna, or any others whose interest would be directly affected by the relief sought, file a response to the petition for writ of mandamus on or...
MEMORANDUM OPINION PER CURIAM . Appellant, Pyne RV Rentals, Inc. d/b/a Auto World of Texas, has neither paid the required filing fee nor established indigence for purposes of appellate costs. See TEX. R. APP. P. 5, 20.1; see also TEX. GOV'T CODE ANN. 51.207, 51.851(b), 51.941(a), 101.041(1) (West 2016); Order, Fees Charged in the Supreme Court, in Civil Cases in the Courts of Appeals, and Before the Judicial Panel on Multi-District Litigation, Misc. Docket No. 15-9158 (Tex. Aug. 28,...
ORDER IRENE RIOS , Justice . On December 4, 2017, we ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. Appellant timely responded to our order, and appellant's explanation is reasonable. Additionally, the trial court clerk has filed supplemental records, the contents of which verify appellant's explanation. We, therefore, ORDER this appeal retained on the court's docket. Appellant's brief shall be due on or before January 22,...
ORDER PER CURIAM . The Real Parties in Interest Motion for Leave to File Late Response to Petition for Writ of Mandamus is GRANTED. It is so ORDERED.
ORDER WITHDRAWING MEDIATION ORDER RUSSELL LLOYD , Justice . It is ordered that Appellants' objection to mediation is granted. We withdraw our Mediation Order dated December 12, 2017. This case will be set for submission at a later date.
MEMORANDUM OPINION 1 PER CURIAM . The court has considered relator's petition for writ of mandamus and is of the opinion that relief should be denied. Accordingly, relator's petition for writ of mandamus is denied. FootNotes 1. See Tex. R. App. P. 47.4, 52.8(d).
OPINION ELIZABETH KERR , JUSTICE . Despite the saying that "a helicopter doesn't fly, it just beats the ground into submission," a chopper can be humbled by the decidedly less-glamorous Ford Econoline van when they go mano a mano on the ground. That's what happened here. Appellee PHI, Inc.'s parked helicopter was damaged when a van owned by Appellant Texas Juvenile Justice Department f/k/a Texas Youth Commission rolled into it. PHI sued TJJD, claiming that the Texas Tort Claims Act...
ORDER REBECA C. MARTINEZ , Justice . Appellants Alvin M. Burns and I.M. Burns have filed a "Motion Seeking Order to File a Sealed Reporter's Record and to Maintain Sealed Appellate Briefs." No party has filed a response opposing the motion. The Court has considered the motion and it is GRANTED as set forth below. It is ORDERED that the sealed portion of the reporter's record containing the in camera hearing on a motion to disqualify counsel which was heard on June 20, 2013 must be filed...
ORDER REBECA C. MARTINEZ , Justice . The joint motion for extension of time to file appellees and cross appellees brief is hereby GRANTED. Time is extended to January 19, 2018. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 20th day of December, 2017.
