Supreme Court of Texas

10/02/2026 | Press release | Distributed by Public on 10/02/2026 08:04

The Supreme Court of Texas Order/Opinion

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THE SUPREME COURT OF TEXAS
Orders Pronounced October 2, 2026
ORDERS ON CAUSES
THE FOLLOWING CAUSE IS DISMISSED:
26-0295
IN RE OLD DOMINION FREIGHT LINE, INC.; from Dallas County; 5th Court of Appeals District (05-25-01546-CV, 735 SW3d 892, 03-18-26)
motion to dismiss granted in part
[Note: The Court denies the request to vacate the court of appeals' opinion.]
THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:
24-0237
TEXAS GENERAL LAND OFFICE AND DAWN BUCKINGHAM, IN HER OFFICIAL CAPACITY AS THE TEXAS LAND COMMISSIONER v. SAVERGV, SIERRA CLUB, AND CARRIZO/COMECRUDO NATION OF TEXAS, INC.; from Cameron County; 13th Court of Appeals District (13-22-00358-CV, 722 SW3d 433, 02-01-24)
24-0407
CAMERON COUNTY v. SAVERGV, SIERRA CLUB, AND CARRIZO/COMECRUDO NATION OF TEXAS, INC.; from Cameron County; 13th Court of Appeals District (13-22-00359-CV, 722 SW3d 433, 02-01-24)
24-0457
KEN PAXTON, IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL OF TEXAS v. SAVERGV, SIERRA CLUB, AND CARRIZO/COMECRUDO NATION OF TEXAS, INC.; from Cameron County; 13th Court of Appeals District (13-22-00360-CV, 722 SW3d 433, 02-01-24)
ORDERS ON CASES GRANTED
THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
25-0511
ZURICH AMERICAN INSURANCE COMPANY, AS SUCCESSOR BY MERGER TO MARYLAND CASUALTY COMPANY v. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, AS SUCCESSOR TO BURLINGTON NORTHERN RAILROAD COMPANY, AND AS SUCCESSOR IN INTERESTS TO GREAT NORTHERN RAILWAY COMPANY; from Tarrant County; 2nd Court of Appeals District (02-23-00245-CV, ___ SW3d ___, 03-13-25)
2 petitions
[Note: This case has been set for oral argument at 9:00 a.m., November 4, 2026.]
Time allotted to argue: 20/20 minutes
25-0534
BAILEY COWAN HECKAMAN, PLLC v. CLARK, LOVE & HUTSON, GP; from Erath County; 11th Court of Appeals District (11-23-00136-CV, 710 SW3d 423, 03-27-25)
[Note: This case has been set for oral argument at 9:00 a.m., December 3, 2026.]
Time allotted to argue: 20/20 minutes
25-0762
TEXAS TECH UNIVERSITY v. SONIA JANETH ESPINOZA; from Lubbock County; 7th Court of Appeals District (07-24-00332-CV, ___ SW3d ___, 07-21-25)
[Note: This case has been set for oral argument at 9:00 a.m., November 5, 2026.]
Time allotted to argue: 20/20 minutes
25-0836
CITY OF WESTWORTH VILLAGE v. JIM BURGESS; from Tarrant County; 2nd Court of Appeals District (02-24-00252-CV, ___ SW3d ___, 06-19-25)
2 petitions
[Note: This case has been set for oral argument at 9:00 a.m., January 11, 2027.]
Time allotted to argue: 20/20 minutes
25-0939
ERIC ELLIS, AS NEXT FRIEND TO H.D.E., A MINOR CHILD v. COURTNEY PRINCE, LVTRISE, INC., AND ABOVE THE CLOUDS, INC.; from Tarrant County; 2nd Court of Appeals District (02-25-00162-CV, ___ SW3d ___, 08-14-25)
[Note: This case has been set for oral argument at 9:00 a.m., December 1, 2026.]
Time allotted to argue: 20/20 minutes
26-0353
WCJ ASSETS, LTD. v. US TRINITY BRIDGEPORT, LLC; from Wise County; 2nd Court of Appeals District (02-24-00232-CV, ___ SW3d ___, 12-23-25)
[Note: This case has been set for oral argument at 9:00 a.m., March 2, 2027.]
Time allotted to argue: 20/20 minutes
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS SET FOR ORAL ARGUMENT:
26-0763
IN RE WALGREEN CO. AND ROBERT ALVAREZ; from El Paso County; 8th Court of Appeals District (08-25-00223-CV, ___ SW3d ___, 06-19-26)
relators' unopposed motion to stay granted
stay order issued
[Note: This case has been set for oral argument at 9:00 a.m., March 2, 2027.]
Time allotted to argue: 20/20 minutes
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
25-0247
VICENTE MEDINA, ET AL. v. SAN JACINTO RIVER AUTHORITY; from Harris County; 1st Court of Appeals District (01-23-00013-CV, ___ SW3d ___, 11-26-24)
(Justice Devine not participating)
25-0678
D.C. v. RALPH DOUGLAS WEST II; from Harris County; 14th Court of Appeals District (14-24-00502-CV, 718 SW3d 331, 06-26-25)
25-0679
LARRY JONES AND SHELLEY JONES v. BIANCO BRAIN AND SPINE, PLLC AND NIKHIL KANTI PATEL, M.D.; from Tarrant County; 2nd Court of Appeals District (02-23-00220-CV, ___ SW3d ___, 04-17-25)
as reinstated
(Justice Devine not participating)
25-0934
HENCO ENERGY-RICK HENDRIX ENERGY, LLC AND DR. RICHARD HENDRIX v. POWER RENTAL SOLUTIONS; from Harris County; 14th Court of Appeals District (14-22-00525-CV, ___ SW3d ___, 04-08-25)
25-0992
C.P. v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Travis County; 3rd Court of Appeals District (03-25-00465-CV, ___ SW3d ___, 09-23-25)
2 petitions
as reinstated
25-1160
NICOLE ROBERTS, INDIVIDUALLY AND DERIVATIVELY ON BEHALF OF R PARTNERSHIP, LLC v. SCOTT ROBERTS, INDIVIDUALLY AND DERIVATIVELY ON BEHALF OF R PARTNERSHIP, LLC; from Travis County; 3rd Court of Appeals District (03-24-00668-CV, ___ SW3d ___, 11-18-25)
26-0124
CLAYMORE HOLDINGS, LLC v. CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH AND CREDIT SUISSE SECURITIES (USA) LLC; from Dallas County; 5th Court of Appeals District (05-24-01124-CV, ___ SW3d ___, 10-21-25)
(Justice Huddle and Justice Young not participating)
26-0165
LEE FRANKLIN LIVELY, ARTHUR WAYNE SWAIM, ROBERT MURRAY SWAIM, BOBBIE SWAIM, RODNEY AND BOBBIE SWAIM FAMILY LIMITED PARTNERSHIP & SHORTY INVESTMENTS, LTD. v. SAN MIGUEL ELECTRIC COOPERATIVE, INC.; from McMullen County; 4th Court of Appeals District (04-24-00383-CV, ___ SW3d ___, 10-22-25)
26-0178
HALEY LUMMUS, ON BEHALF OF CYNTHIA LUMMUS v. CREATIVE SOLUTIONS IN HEALTHCARE, INC. AND FREEDOM AT HOME DIALYSIS, LLC; from Dallas County; 5th Court of Appeals District (05-24-01475-CV, ___ SW3d ___, 10-31-25)
26-0246
HHH FARMS, LLC, HARTWELL FARMS, LLC, AND WAYMON SCOTT HARTWELL v. FANNIN BANK; from Fannin County; 6th Court of Appeals District (06-25-00016-CV, ___ SW3d ___, 11-24-25)
26-0257
TRACEY LOGAN, ON BEHALF OF THE ESTATE OF VELMA LOGAN v. 360 CLINICS PLLC, KLAIR MEDICOSE D/B/A 360 CLINICS, AND DR. NAVEED KLAIR; from Dallas County; 5th Court of Appeals District (05-24-00125-CV, ___ SW3d ___, 12-16-25)
26-0328
MICHAEL SHALIT D/B/A KIMBERLY INVESTMENT COMPANY, LYNZARA-AUSTIN REAL ESTATE MANAGEMENT, LLC, AS GENERAL PARTNER OF KENDALL COUNTY DEVELOPMENT COMPANY, L.P., AND AS GENERAL PARTNER OF TAPATIO SPRINGS REAL ESTATE HOLDINGS, L.P., ROBYN REAL ESTATE INVESTMENTS, L.P., ROBYN UTILITY INVESTMENTS, L.P., AND ROBYN UTILITY INVESTMENTS MANAGEMENT, LLC v. TAPATIO SPRINGS REAL ESTATE HOLDINGS, L.P., KENDALL COUNTY DEVELOPMENT COMPANY, L.P., KENDALL COUNTY UTILITY COMPANY, INC., TAPATIO SPRINGS UTILITY HOLDINGS, L.P., AND TAPATIO SPRINGS HOSPITALITY HOLDINGS, L.P.; from Kendall County; 4th Court of Appeals District (04-24-00606-CV, ___ SW3d ___, 12-17-25)
26-0452
BULAH MARIE GARRETT, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF LYNDELL RAY GARRETT, DECEASED; LISA GARRETT; AND SHELLY GARRETT v. WAL-MART STORES TEXAS, LLC D/B/A WAL-MART SUPERCENTER #561 AND GREYHOUND LINES, INC.; from Eastland County; 11th Court of Appeals District (11-24-00058-CV, 733 SW3d 101, 03-26-26)
as redrafted
26-0460
RANGER STEEL SERVICES, LP v. JEFFREY J. MCPHERSON; from Harris County; 14th Court of Appeals District (14-24-00374-CV, ___ SW3d ___, 03-26-26)
26-0524
JASON MCBROOM, HOLLY MCBROOM, LINDA MCBROOM, WILLIAM MICHAEL MCBROOM, KEVIN PATRICK MCBROOM, AND MELISSA JO MCBROOM v. JIM CLEMENTS, GUADALUPE GUTIERREZ, CYNTHIA GUTIERREZ, AND CAROLYN LEHMANN; from Fayette County; 3rd Court of Appeals District (03-25-00442-CV, ___ SW3d ___, 04-09-26)
26-0531
OSCAR DOMINGUEZ v. ALETHA MARIE DOMINGUEZ; from Midland County; 11th Court of Appeals District (11-24-00191-CV, ___ SW3d ___, 04-09-26)
26-0626
COLIN MOE, INDIVIDUALLY AND AS NEXT FRIEND OF T.M., A MINOR CHILD v. GIANNI JEVON BAILEY, CLEI GROUP, LLC, AND AMAZON.COM SERVICES, LLC; from Harris County; 14th Court of Appeals District (14-25-00387-CV, ___ SW3d ___, 04-30-26)
26-0630
HARRIS VENTURES, INC. D/B/A STAFF ZONE v. JM-RB PROPERTIES, LLC D/B/A JM-RB PROPERTIES, INC.; from Collin County; 5th Court of Appeals District (05-24-00631-CV, ___ SW3d ___, 03-25-26)
26-0681
DELMA LAMAR JEFFERSON v. SMITH COUNTY EMERGENCY SERVICES DISTRICT #2, GEORGE D. STRICKLIN, AUSTIN DECKER, BRYAN MCATEER, IN THEIR OFFICIAL CAPACITIES, AND DOES 3-10; from Smith County; 12th Court of Appeals District (12-25-00076-CV, ___ SW3d ___, 04-30-26)
petitioner's motion to strike dismissed as moot
26-0702
DARRYL HEFFNER v. JANELLE HAVERKAMP, PAUL WRIGHT, THE WRIGHT LAW FIRM, L.L.P., CHARLES BEACHLEY, BEACHLEY SMITH P.L.L.C., CHRISTOPHER HENRY, MINOR & JESTER, P.C., AND TIFFANY WRIGHT; from Cooke County; 2nd Court of Appeals District (02-25-00472-CV, ___ SW3d ___, 06-11-26)
26-0726
IN THE INTEREST OF J.J. III AND D.R.L.J., CHILDREN; from Bexar County; 4th Court of Appeals District (04-26-00022-CV, ___ SW3d ___, 06-03-26)
26-0765
VICTORIA IFEANYI ANWUZIA v. THE STATE OF TEXAS; from Collin County; 5th Court of Appeals District (05-25-01042-CV, ___ SW3d ___, 04-14-26)
26-0833
ROSA ARREOLA AND CARLOS PADILLA, HUSBAND AND WIFE v. SAMMY BROWN, RYDER MITCHELL JENSEN AND ALISON MARGARET JENSEN, HUSBAND AND WIFE, AND ALL THOSE HAVING AN INTEREST IN THE PROPERTY LOCATED AT 7404 GLEN HAVEN DRIVE, 76133-7704; from Tarrant County; 2nd Court of Appeals District (02-24-00500-CV, ___ SW3d ___, 06-11-26)
26-0834
IN THE MATTER OF J.J.; from Tarrant County; 2nd Court of Appeals District (02-26-00038-CV, ___ SW3d ___, 06-25-26)
26-0924
JARED MOTYL v. DISCOVER BANK, NOW MERGED INTO AND SUCCEEDED BY CAPITAL ONE, N.A.; from Hunt County; 6th Court of Appeals District (06-25-00131-CV, ___ SW3d ___, 07-02-26)
26-0943
TAMMY BROWN v. THE STAR OF HOPE MISSION; from Harris County; 14th Court of Appeals District (14-26-00657-CV, ___ SW3d ___, 08-25-26)
26-0945
IN THE INTEREST OF K.H. AND D.H., CHILDREN; from Tarrant County; 2nd Court of Appeals District (02-26-00123-CV, ___ SW3d ___, 07-16-26)
26-0954
NASER ALSALHI, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AND PRIMARY RESIDENTIAL MORTGAGE INC. v. NATIONSTAR MORTGAGE LLC D/B/A MR. COOPER AS SUCCESSOR BY MERGER TO PACIFIC UNION FINANCIAL, LLC.; from Collin County; 5th Court of Appeals District (05-24-01039-CV, ___ SW3d ___, 07-13-26)
26-0958
FRESH CHOICE CAFE CORPORATION v. BRYANNA MALLET; from Harris County; 1st Court of Appeals District (01-24-00533-CV, ___ SW3d ___, 07-14-26)
26-0985
IN THE INTEREST OF C.K.J-S. A CHILD; from Harris County; 1st Court of Appeals District (01-26-00128-CV, ___ SW3d ___, 07-21-26)
counsel's motion to withdraw granted
26-1040
IN THE INTEREST OF I.L.Y. AKA I.L.Y.H. AND M.R.M., CHILDREN; from Bexar County; 4th Court of Appeals District (04-26-00126-CV, ___ SW3d ___, 08-19-26)
THE FOLLOWING PETITION FOR REVIEW IS DISMISSED FOR WANT OF JURISDICTION:
26-0342
DANESHJOU FAMILY LIMITED PARTNERSHIP v. VSD TRUST 2016-1; VSD 2016-1 TRS 1 LLC; VSD 2017-PLT1 LLC; AND TRIMONT REAL ESTATE ADVISORS, LLC; from Travis County; 3rd Court of Appeals District (03-24-00070-CV, ___ SW3d ___, 01-06-26)
See TEX. R. APP. P. 53.7(a)
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
25-0474
IN THE INTEREST OF A.B., A CHILD; from Tarrant County; 2nd Court of Appeals District (02-24-00558-CV, ___ SW3d ___, 05-01-25)
While the petition for review was pending, this Court ordered petitioner's counsel to clarify whether the petition was filed under Anders v. California, 386 U.S. 738 (1967). Counsel did not comply with that order. In a motion for rehearing, however, she informs us that the portion of the petition invoking the Anders standard was included in error. Having obtained that clarification, the Court has reexamined the petition's merits and denies the motion for rehearing.
25-1052
AVENTINE TARRANT PARKWAY APARTMENTS, LP v. STEPHANIE ETLING; from Tarrant County; 2nd Court of Appeals District (02-25-00029-CV, ___ SW3d ___, 10-09-25)
26-0463
IN THE INTEREST OF T.J., A CHILD; from Denton County; 2nd Court of Appeals District (02-25-00045-CV, ___ SW3d ___, 03-05-26)
26-0671
THOMAS C. HOLLENSHEAD v. BANK OF AMERICA, N.A., AND NATIONAL RESIDENTIAL ASSETS CORP.; from Grayson County; 5th Court of Appeals District (05-24-00462-CV, ___ SW3d ___, 07-22-25)
26-0732
SPENCER FARWELL v. FOUNTAINS AT TIDWELL, LTD., ET AL.; from Harris County; 14th Court of Appeals District (14-26-00272-CV, ___ SW3d ___, 05-05-26)
(Justice Devine not participating)
26-0758
LARRY DEAN WHITE v. LINDA JEAN WILLIS; from Harris County; 1st Court of Appeals District (01-25-00630-CV, ___ SW3d ___, 04-16-26)
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
26-0683
IN RE RODOLFO MARROQUIN; from Travis County; 3rd Court of Appeals District (03-26-00188-CV, ___ SW3d ___, 08-31-26)
26-0729
IN RE RANDALL BOLIVAR; from Cameron County; 13th Court of Appeals District (13-26-00044-CV, ___ SW3d ___, 04-23-26)
motion to change style dismissed as moot
motion to consolidate dismissed as moot
motion to suspend rules dismissed as moot
MISCELLANEOUS
THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
26-0396
IN RE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Travis County; 3rd Court of Appeals District (03-26-00343-CV, ___ SW3d ___, 04-21-26)
stay order issued April 27, 2026, lifted
26-0724
IN RE DILLIGAS CORP, DBA U.S. GOT PEOPLE; from Bexar County; 4th Court of Appeals District (04-25-00691-CV)
unopposed motion to seal granted
emergency motion to stay execution dismissed as moot
relator's motion to strike dismissed as moot
26-0749
IN RE JSM LIVESTOCK, LLC; from La Salle County; 4th Court of Appeals District (04-26-00408-CV, ___ SW3d ___, 07-15-26)
relator's emergency motion for temporary relief dismissed as moot
26-0761
IN RE GERMANIA FARM MUTUAL INSURANCE ASSOCIATION; from Hidalgo County; 13th Court of Appeals District (13-26-00228-CV, ___ SW3d ___, 06-04-26)
26-0853
IN RE HUONG GILMER GIACCIO; from Denton County; 2nd Court of Appeals District (02-26-00488-CV, ___ SW3d ___, 08-06-26)
relator's emergency motion for temporary relief dismissed as moot
26-0856
IN RE WILLIAM TRAVIS HAWK JR. AND REBECCA MAE HAWK; from Victoria County; 13th Court of Appeals District (13-26-00285-CV, ___ SW3d ___, 08-06-26)
26-0891
IN RE TAMMY BROWN; from Harris County; 14th Court of Appeals District (14-26-00730-CV, ___ SW3d ___, 07-28-26)
26-0917
IN RE KENNETH LERON STOVALL; from Tarrant County
26-0932
IN RE ANTHONY MICHAEL MELENDEZ; from Brazos County; 10th Court of Appeals District (10-26-00334-CV, ___ SW3d ___, 08-19-26)
relator's motion for stay dismissed as moot
relator's motion to order release of transcripts dismissed as moot
relator's motion to supplement dismissed as moot
26-0947
IN RE ASHLEY LYNN SCHMIDT; from Grayson County; 5th Court of Appeals District (05-26-00557-CV; 05-26-00492-CV, ___ SW3d ___, 06-26-26)
26-0948
IN RE KURTIS SCHMIDT; from Grayson County; 5th Court of Appeals District (05-26-00492-CV, ___ SW3d ___, 06-26-26)
26-0961
IN RE REGINA LYNN BURTON; from Bexar County; 4th Court of Appeals District (04-26-00536-CV)
26-0964
IN RE ALTERNA CAPITAL SERVICES, LLC; from El Paso County; 8th Court of Appeals District (08-25-00194-CV, ___ SW3d ___, 07-08-26)
relator's motion for temporary stay dismissed as moot
26-0971
IN RE SHONTAINE BROWN; from Denton County; 2nd Court of Appeals District (02-26-00570-CV, ___ SW3d ___, 08-27-26)
as amended
relator's emergency motion for temporary relief dismissed as moot
relator's emergency motion for temporary relief dismissed as moot, as supplemented
relator's emergency motion for leave to file amended petition, dismissed as moot
26-0996
IN RE TERRY BLACK'S BARBECUE DALLAS, LLC AND BLACK'S DALLAS REAL ESTATE, LLC; from Dallas County; 5th Court of Appeals District (05-26-00939-CV, ___ SW3d ___, 08-04-26)
relators' emergency motion for immediate temporary relief denied
26-1107
IN RE JOSE ALBERTO RODRIGUEZ; from Bexar County; 4th Court of Appeals District (04-26-00468-CV, ___ SW3d ___, 06-24-26)
relator's motion to exceed word limit dismissed as moot
relator's motion for emergency stay denied
THE FOLLOWING PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED:
26-0776
IN RE TARA MARIE THOMAS; from Harris County; 1st Court of Appeals District (01-26-00689-CV, ___ SW3d ___, 07-14-26)
abatement order issued July 28, 2026, lifted
petition for writ of habeas corpus reinstated
relator's emergency motion for temporary relief dismissed as moot
relator's motion to supplement record dismissed as moot
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