Supreme Court

April 25, 2025 

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THE SUPREME COURT OF TEXAS
Orders Pronounced April 25, 2025
 
ORDERS ON CAUSES
22-0186
CITY OF KILLEEN – KILLEEN POLICE DEPARTMENT v. AAMIR TERRY, INDIVIDUALLY, AND A/N/F TO A.T., MINOR CHILD; from Bell County; 3rd Court of Appeals District (03-20-00071-CV, ___ SW3d ___, 01-26-22)
 
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court vacates the court of appeals' judgment and remands the case to that court.

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

23-0463
IN THE MATTER OF THE MARRIAGE OF CARLOS Y. BENAVIDES, JR. AND LETICIA R. BENAVIDES; from Webb County; 4th Court of Appeals District (04-20-00599-CV, 692 SW3d 526, 02-08-23)
 
The Court reverses the court of appeals' judgment, vacates the trial court's divorce decree, and dismisses the case.

Justice Boyd delivered the opinion of the Court.

Chief Justice Blacklock filed a concurring opinion, in which Justice Devine and Justice Sullivan joined.
23-0634
FIRST SABREPOINT CAPITAL MANAGEMENT, L.P., SABREPOINT CAPITAL PARTNERS, L.P., SABREPOINT CAPITAL PARTICIPATION, L.P., GEORGE BAXTER, AND DONALD MARCHIONY v. FARMLAND PARTNERS INC.; from Dallas County; 5th Court of Appeals District (05-22-00010-CV, 703 SW3d 123, 06-30-23)
 
The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to that court.

Justice Huddle delivered the opinion of the Court.
23-0755
IN RE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND LINDSEY NICOLE DESSART; from Collin County; 5th Court of Appeals District (05-23-00763-CV, 698 SW3d 588, 08-30-23)
 
stay order issued September 18, 2023, lifted
stay order issued December 17, 2023, lifted
 
The Court conditionally grants the petition for writ of mandamus.

Justice Devine delivered the opinion of the Court.

Justice Sullivan filed a concurring opinion, in which Chief Justice Blacklock, Justice Devine, and Justice Young joined.
23-1039
IN RE EAST TEXAS MEDICAL CENTER ATHENS; from Smith County; 12th Court of Appeals District (12-23-00263-CV, ___ SW3d ___, 11-21-23)
 
stay order issued March 15, 2024, lifted
 
The Court conditionally grants the petition for writ of mandamus.

Justice Boyd delivered the opinion of the Court.
24-0081
IN RE CARLSON
 
The Court dismisses the petition for writ of mandamus for lack of jurisdiction.

Chief Justice Blacklock delivered the opinion of the Court.
THE FOLLOWING CAUSE IS ABATED:
24-0045
K & K INEZ PROPERTIES, LLC, DAVID KUCERA, AND VALERIE KUCERA v. CLAY KOLLE AND LACY KOLLE; from Victoria County; 13th Court of Appeals District (13-21-00460-CV, ___ SW3d ___, 12-28-23)
 
abatement order issued

[
Note: Effective March 20, 2024, the case is abated pursuant to TEX. R. APP. P. 8.2 until further order of this Court and is removed from the Court's active docket, subject to reinstatement upon proper motion. TEX. R. APP. P. 8.3. All motions and other documents pending or filed are abated subject to being reurged in the event the case is reinstated. TEX. R. APP. P. 8.2, 8.3. It is the parties' responsibility to immediately notify this Court once the automatic bankruptcy stay is lifted.]
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
24-1081
CL COSTA, INC. D/B/A ALPINE CONTRACTING v. ADCOCK DEVELOPMENT, LLC; from Bexar County; 4th Court of Appeals District (04-23-00475-CV, ___ SW3d ___, 07-31-24)
 
25-0055
NORHILL ENERGY, LLC v. CITY OF MCKINNEY, TEXAS; from Collin County; 5th Court of Appeals District (05-23-00706-CV, ___ SW3d ___, 12-04-24)
 
25-0148
EDWARD CURTIS VANDENBERG v. DAVID CANALES, JR., INDIVIDUALLY, AND AS NEXT FRIEND OF DAVID ADRIAN CANALES, AND ANGIE MARIE CANALES; from Brazoria County; 14th Court of Appeals District (14-22-00404-CV, 699 SW3d 666, 10-01-24)
 
25-0151
IN RE ESTATE OF BILLY BOB WEGENHOFT, DECEASED; from Colorado County; 14th Court of Appeals District (14-23-00350-CV, ___ SW3d ___, 07-30-24)
 
25-0160
IN THE INTEREST OF K.J.H., A CHILD; from Carson County; 7th Court of Appeals District (07-25-00045-CV, ___ SW3d ___, 02-18-25)
 
25-0165
CHRYSANTH GRUENANGERL AND BERTHA (PEREZ) GRUENANGERL v. ARMANDO SAENZ; from El Paso County; 8th Court of Appeals District (08-24-00312-CV, ___ SW3d ___, 12-30-24)
 
25-0173
J. L., III AND M.R. v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Bell County; 3rd Court of Appeals District (03-24-00511-CV, ___ SW3d ___, 02-07-25)
 
2 petitions
 
25-0220
R. F. v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Burnet County; 3rd Court of Appeals District (03-24-00523-CV, ___ SW3d ___, 01-31-25)
 
25-0225
IN THE MATTER OF J.H.; from Tarrant County; 2nd Court of Appeals District (02-24-00370-CV, ___ SW3d ___, 01-20-25)
 
25-0251
IN THE INTEREST OF S.W., A CHILD; from Tarrant County; 2nd Court of Appeals District (02-24-00444-CV, ___ SW3d ___, 01-16-25)
 
counsel's motion to withdraw granted
 
25-0253
IN THE INTEREST OF A.C. AND A.S.L.C., CHILDREN; from Bexar County; 4th Court of Appeals District (04-24-00634-CV, ___ SW3d ___, 02-05-25)
 
25-0256
IN THE INTEREST OF L.O.A., G.A., III, AND M.E.A., CHILDREN; from El Paso County; 8th Court of Appeals District (08-24-00317-CV, ___ SW3d ___, 01-22-25)
 
counsel's motion to withdraw granted
 
25-0286
IN THE INTEREST OF R.F. JR., A CHILD; from Taylor County; 11th Court of Appeals District (11-24-00271-CV, ___ SW3d ___, 04-03-25)
 
25-0295
IN THE INTEREST OF A.V. AND A.R., CHILDREN; from Potter County; 7th Court of Appeals District (07-24-00292-CV, ___ SW3d ___, 02-19-25)
 
25-0302
IN THE INTEREST OF A.D.; from Harris County; 1st Court of Appeals District (01-24-00675-CV, ___ SW3d ___, 02-27-25)
 
counsel's motion to withdraw granted
THE FOLLOWING PETITION FOR REVIEW IS DISMISSED:
24-0913
ZURICH AMERICAN INSURANCE COMPANY v. MB2 DENTAL SOLUTIONS, LLC; from Dallas County; 5th Court of Appeals District (05-24-00288-CV, ___ SW3d ___, 09-20-24)
 
agreed motion to dismiss granted
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
23-0877
JASON A. GIBSON, P.C. D/B/A THE GIBSON LAW FIRM AND JASON A. GIBSON v. ALEJANDRO L. PADUA AND THE PADUA LAW FIRM, PLLC; from Harris County; 14th Court of Appeals District (14-21-00489-CV, ___ SW3d ___, 07-06-23)
 
24-0587
JBS CARRIERS, INC. v. CHAMBLEE RYAN, P.C.; from Angelina County; 12th Court of Appeals District (12-23-00125-CV, 691 SW3d 797, 06-12-24)
 
24-0615
IN THE MATTER OF THE ESTATE OF GEORGINA A. DE CHAVEZ, DECEASED; from El Paso County; 8th Court of Appeals District (08-23-00072-CV, ___ SW3d ___, 06-21-24)
 
24-0962
TONY’S CONCRETE WORK, LLC v. SHELLY GOAD AND DANIEL GOAD; from Tarrant County; 1st Court of Appeals District (01-23-00759-CV, ___ SW3d ___, 07-25-24)
 
25-0009
ANNABELLE WHITINGER, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF ROLIA WHITINGER; JOHN WHITINGER; ERICA DE LA GARZA; VICTORIA CRUZ; AND MARGARET WHITINGER v. THE UNIVERSITY OF TEXAS MEDICAL BRANCH AT GALVESTON; from Galveston County; 1st Court of Appeals District (01-03-01358-CV, ___ SW3d ___, 12-02-24)
 
25-0016
TRAVIS EUBANKS, AMANDA EUBANKS, AND JARRETT WOODWARD VOTERS OF BEXAR COUNTY v. JANE NELSON IN HER OFFICIAL CAPACITY AS SECRETARY FOR THE STATE OF TEXAS; from Travis County; 15th Court of Appeals District (15-24-00037-CV, ___ SW3d ___, 11-26-24)
 
(Justice Sullivan not participating)
 
25-0035
ALFREDO OROZCO v. JAKE WAWRZYNSKI; from Nueces County; 13th Court of Appeals District (13-23-00442-CV, ___ SW3d ___, 10-31-24)
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
25-0059
IN RE DANIEL DE OLIVEIRA, MD; from Cameron County
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
23-0945
IN RE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND NICHOLAS BOROWEC; from Dallas County; 5th Court of Appeals District (05-23-01062-CV, ___ SW3d ___, 11-17-23)
 
emergency motion for temporary relief dismissed as moot
stay order issued December 6, 2023, lifted
 
See opinion issued in 24-0172, In re State Farm Mutual Automobile Insurance Co.
 
23-0973
IN RE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND JERI CHARLOTTE RAMOS; from Dallas County; 5th Court of Appeals District (05-23-01209-CV, ___ SW3d ___, 12-01-23)
 
as amended
emergency motion for temporary relief dismissed as moot, as supplemented
stay order issued December 6, 2023, lifted
 
See opinion issued in 24-0172, In re State Farm Mutual Automobile Insurance Co.
 
23-0975
IN RE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, ROBERT NASH, AND YULONDA WILSON; from Dallas County; 5th Court of Appeals District (05-23-01206-CV, ___ SW3d ___, 12-01-23)
 
stay order issued December 18, 2023, lifted
 
See opinion issued in 24-0172, In re State Farm Mutual Automobile Insurance Co.
 
23-0977
IN RE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND JEFF HERRIDGE; from Dallas County; 5th Court of Appeals District (05-23-01174-CV, ___ SW3d ___, 12-01-23)
 
stay order issued December 6, 2023, lifted
stay order issued December 29, 2023, lifted
 
See opinion issued in 24-0172, In re State Farm Mutual Automobile Insurance Co.
 
24-0172
IN RE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND BETTY GENALE THOMAS; from Dallas County; 5th Court of Appeals District (05-24-00232-CV, ___ SW3d ___, 03-06-24)
 
stay order issued March 8, 2024, lifted
 
 
24-0215
IN RE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND LINDSEY NICOLE DESSART; from Grayson County; 5th Court of Appeals District (05-24-00308-CV, 708 SW3d 277, 03-19-24)
 
stay order issued March 22, 2024, lifted
 
See opinion issued in 24-0172, In re State Farm Mutual Automobile Insurance Co.
 
24-0311
IN RE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY; from Tarrant County; 2nd Court of Appeals District (02-24-00112-CV, ___ SW3d ___, 04-12-24)
 
stay order issued April 19, 2024, lifted
 
See opinion issued in 24-0172, In re State Farm Mutual Automobile Insurance Co.
 
24-0341
IN RE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY; from Tarrant County; 2nd Court of Appeals District (02-24-00155-CV, ___ SW3d ___, 04-24-24)
 
See opinion issued in 24-0172, In re State Farm Mutual Automobile Insurance Co.
 
24-0380
IN RE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND TRACY MCCASLAND; from Tarrant County; 2nd Court of Appeals District (02-24-00203-CV, ___ SW3d ___, 05-08-24)
 
emergency motion for temporary relief dismissed as moot
stay order issued August 2, 2024, lifted
 
See opinion issued in 24-0172, In re State Farm Mutual Automobile Insurance Co.
 
24-0658
IN RE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND GREGORY ALAN SCOTT; from Dallas County; 5th Court of Appeals District (05-24-00912-CV, ___ SW3d ___, 08-13-24)
 
emergency motion for temporary relief dismissed as moot
stay order issued August 14, 2024, lifted
 
See opinion issued in 24-0172, In re State Farm Mutual Automobile Insurance Co.
 
24-0972
IN RE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND MELISSA LINETTE BURRIS; from Dallas County; 5th Court of Appeals District (05-24-01248-CV, ___ SW3d ___, 11-13-24)
 
stay order issued November 22, 2024, lifted
stay order issued April 11, 2025, lifted
 
See opinion issued in 24-0172, In re State Farm Mutual Automobile Insurance Co.
 
24-1032
IN RE USAA INSURANCE AGENCY INC. AND SYLVIA DIAZ; from Dallas County; 5th Court of Appeals District (05-24-01290-CV, ___ SW3d ___, 12-04-24)
 
stay order issued December 13, 2024, lifted
stay order issued March 14, 2025, lifted
 
See opinion issued in 24-0172, In re State Farm Mutual Automobile Insurance Co.
 
24-1052
IN RE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, BETTY GENALE THOMAS, AND CARLOS BALIDO; from Dallas County; 5th Court of Appeals District (05-24-00447-CV, ___ SW3d ___, 12-05-24)
 
emergency motion for temporary relief dismissed as moot
stay order issued December 19, 2024, lifted
 
See opinion issued in 24-0172, In re State Farm Mutual Automobile Insurance Co.
 
25-0126
IN RE PROGRESSIVE COUNTY MUTUAL INSURANCE COMPANY AND MELISSA SUE CRAIG; from Tarrant County; 2nd Court of Appeals District (02-25-00039-CV, ___ SW3d ___, 02-10-25)
 
stay order issued February 13, 2025, lifted
 
See opinion issued in 24-0172, In re State Farm Mutual Automobile Insurance Co.
 
25-0143
IN RE STEVE VIC PARKER, A/K/A JERRY WILSON
 
25-0208
IN RE VARNEL DIGGS; from Travis County; 3rd Court of Appeals District (03-25-00023-CV, ___ SW3d ___, 01-28-25)
 
25-0215
EX PARTE JAMES RICHARDS; from Montgomery County; 9th Court of Appeals District (09-24-00077-CV, ___ SW3d ___, 06-27-24)
 
25-0238
IN RE JUSTIN RANDALL JONES; from Denton County; 2nd Court of Appeals District (02-24-00002-CV, ___ SW3d ___, 02-09-24)
 
motion to stay dismissed as moot