Supreme Court
January 9, 2015
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THE SUPREME COURT OF TEXAS
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Orders Pronounced January 9, 2015
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ORDERS ON CAUSES
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12-0830
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TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES A/K/A BRENHAM STATE SCHOOL, ANTHONY V. WATSON, DWANE B. HUBBARD, AND ARETHA L. TURNER v. MARY CANNON, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF PATRICK TATE DYESS, DECEASED; from Washington County; 14th Court of Appeals District (14-11-00751-CV, 383 SW3d 571, 07-19-12)
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The Court affirms the court of appeals' judgment.
Justice Lehrmann delivered the opinion of the Court. |
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13-0801
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NATIONAL PROPERTY HOLDINGS, L.P., MICHAEL PLANK AND RUSSELL PLANK v. GORDON WESTERGREN; from Harris County; 14th Court of Appeals District (14-11-00058-CV; 14-11-00229-CV, 409 SW3d 110, 06-28-13)
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Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court affirms in part and reverses in part the court of appeals' judgment, and reinstates in part the trial court's judgment.
Per Curiam Opinion View Electronic Briefs |
Oral Argument N/A
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ORDERS ON PETITIONS FOR REVIEW
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THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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14-0511
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MICHAEL M. EULER v. MILES MARKS AND TEXAS DOW EMPLOYEES FEDERAL CREDIT UNION; from Montgomery County; 1st Court of Appeals District (01-13-00085-CV, ___SW3d___, 02-25-14)
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14-0622
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KRISTIN WILKINSON v. USAA FEDERAL SAVINGS BANK TRUST SERVICES, INDIVIDUALLY AND AS TRUSTEE, WILLIAMS, KHERKHER, HART & BOUNDAS, L.L.P., WILLIAM W. MORRIS, AND LOOPER, REED & MCGRAW, P.C.; from Harris County; 14th Court of Appeals District (14-13-00111-CV, ___ SW3d ___, 07-01-14)
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as redrafted
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(Justice Johnson not sitting)
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14-0673
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REGINALD L. GILFORD v. TEXAS FIRST BANK; from Galveston County; 1st Court of Appeals District (01-13-00384-CV, ___ SW3d___, 07-10-14)
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14-0679
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EGNA BISHOP VILLARREAL v. GUILLERMO GONZALEZ GUERRA; from Starr County; 4th Court of Appeals District (04-13-00522-CV, 446 SW3d 404, 07-02-14)
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14-0718
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MOSTAFA ARAM AZADPOUR v. CITY OF GRAPEVINE, ET AL.; from Tarrant County; 2nd Court of Appeals District (02-13-00323-CV, ___SW3d___, 06-05-14)
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14-0754
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MARIA E. HERNANDEZ v. GUILLERMO RIVERA; from El Paso County; 8th Court of Appeals District (08-11-00287-CV, 441 SW3d 413, 01-15-14)
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14-0759
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WALTON AND MARIE BROWN v. POTTER CONCRETE RESIDENTIAL, LTD., ET AL.; from Dallas County; 5th Court of Appeals District (05-13-00585-CV, ___ SW3d ___, 06-30-14)
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14-0790
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AAMER RAZI v. EDWIN M. SIGEL; from Dallas County; 5th Court of Appeals District (05-12-01451-CV, ___ SW3d ___, 06-30-14)
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14-0805
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FOUR THOUSAND THIRTY DOLLARS ($4,030.00) UNITED STATES CURRENCY v. THE STATE OF TEXAS; from Potter County; 7th Court of Appeals District (07-12-00414-CV, ___ SW3d ___, 08-18-14)
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14-0833
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L.M.O. v. STATE OF TEXAS; from Johnson County; 10th Court of Appeals District (10-13-00425-CV, ___ SW3d ___, 07-31-14)
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14-0848
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BRUCE B. MCLEOD, III v. ALFRED GYR; from Dallas County; 5th Court of Appeals District (05-12-01607-CV, 439 SW3d 639, 08-07-14)
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14-0870
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DAVENPORT MEADOWS, LP v. JACOB AND GALINA DOBRUSHKIN; from Collin County; 5th Court of Appeals District (05-12-01471-CV, ___ SW3d ___, 07-30-14)
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14-0873
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ISAAC CLAY v. VICKY CLAY; from Collin County; 5th Court of Appeals District (05-13-00624-CV, ___ SW3d ___, 06-30-14)
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14-0883
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KINGS RIVER TRAIL ASSOCIATION, INC. AND KINGS RIVER VILLAGE COMMUNITY ASSOCIATION, INC. v. PINEHURST TRAIL HOLDINGS, LLC; from Harris County; 14th Court of Appeals District (14-12-00967-CV, 447 SW3d 439, 09-25-14)
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14-0902
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GERARDO DELEON v. THOS. S. BYRNE, LTD. F/K/A THOS. S. BYRNE, INC.; from Tarrant County; 2nd Court of Appeals District (02-13-00212-CV, ___ SW3d ___, 09-18-14)
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14-0904
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RUDY LOPEZ v. MARY SOTO AND ASCENSION SOTO; from Runnels County; 3rd Court of Appeals District (03-12-00031-CV, ___ SW3d ___, 07-02-14)
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14-0938
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IN RE COMMITMENT OF KEVIN WAYNE EDWARDS; from Montgomery County; 9th Court of Appeals District (09-13-00575-CV, 443 SW3d 520, 09-04-14)
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14-0951
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DANIEL M. FRALEY v. DONALD R. FRALEY; from Midland County; 11th Court of Appeals District (11-14-00190-CV, ___ SW3d ___, 10-02-14)
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14-0973
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LETICIA R. BENAVIDES v. CARLOS BENAVIDES, III, TOMAS BENAVIDES AND ANA B. GALO, AS CO-TRUSTEES OF THE BENAVIDES FAMILY MINERAL TRUST; from Webb County; 4th Court of Appeals District (04-14-00523-CV, ___ SW3d ___, 10-08-14)
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14-0977
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JOHN RUSSELL COFFMAN v. CELESTE ELAINE COFFMAN MELTON; from Montgomery County; 14th Court of Appeals District (14-13-00661-CV, ___ SW3d ___, 09-04-14)
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14-0980
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SEBASTIAN LOMBARDO v. SHOUVIK BHATTACHARYYA; from Dallas County; 5th Court of Appeals District (05-13-01583-CV, ___ SW3d ___, 07-30-14)
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14-0994
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TITUS COUNTY, TEXAS v. GERALD CLARK AND JO ANN CLARK; from Titus County; 6th Court of Appeals District (06-14-00035-CV, ___ SW3d ___, 09-19-14)
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ORDERS ON MOTIONS FOR REHEARING
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THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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13-0873
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FALCON EXPRESS INTERNATIONAL, INC. v. DHL EXPRESS (USA), INC.; from Harris County; 1st Court of Appeals District (01-10-01080-CV, 408 SW3d 406, 02-14-13)
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14-0183
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ST. LUKE'S SUGAR LAND PARTNERSHIP, L.L.P. AND ST. LUKE'S COMMUNITY DEVELOPMENT CORPORATION-SUGAR LAND v. SHATISH PATEL, M.D., HEMALATHA VIJAYAN, M.D., SUBODH SONWALKAR, M.D. AND WALLEY OLADUT, M.D.; from Harris County; 1st Court of Appeals District (01-13-00273-CV, 445 SW3d 413, 11-07-13)
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14-0253
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KINGVISION PAY-PER-VIEW, GARDEN CITY BOXING CLUB, INC., AND ENTERTAINMENT BY J&J, INC. v. DALLAS COUNTY, TEXAS; from Dallas County; 5th Court of Appeals District (05-12-00765-CV, ___SW3d___, 02-20-14)
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14-0359
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STEPHEN L. GOODMAN v. COMPASS BANK; from Dallas County; 5th Court of Appeals District (05-12-00447-CV, 428 SW3d 887, 10-22-13)
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14-0393
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WILLIAM WALTER JOBE v. THE STATE OF TEXAS; from San Jacinto County; 9th Court of Appeals District (09-13-00364-CV, ___ SW3d ___, 04-24-14)
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as supplemented
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14-0502
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JIMMY CHARLES JOHNSON v. DALLAS COUNTY, ET AL.; from Dallas County; 5th Court of Appeals District (05-12-01046-CV, ___ SW3d ___, 03-05-14)
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relator's motion for emergency stay dismissed as moot
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14-0716
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WILLIAM DAVID GOLDEN v. THE STATE OF TEXAS; from Harris County; 1st Court of Appeals District (01-12-00735-CV, ___SW3d___,05-08-14)
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14-0778
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ELGIN WELLS AND DAVID C. EMMERS, INDIVIDUALLY AND AS REPRESENTATIVES OF THE CHARLES A. GEORGE DENTAL SOCIETY v. ZEB F. POINDEXTER, III; from Harris County; 14th Court of Appeals District (14-13-00982-CV, ___ SW3d ___, 08-26-14)
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14-0818
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MINH TRAN v. HONG KONG CORPORATION A/K/A HONG KONG CITY MALL; from Harris County; 1st Court of Appeals District (01-13-00613-CV, ___ SW3d ___, 08-26-14)
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THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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14-0027
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IN RE YEDIDIYAH HAWKINS; from Callahan County; 11th Court of Appeals District (11-13-00237-CV, ___ SW3d ___, 08-15-13)
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14-0677
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IN RE PABLO RIÓN Y ASOCIADOS, S.A. DE C.V.; from Fort Bend County; 14th Court of Appeals District (14-14-00256-CV, ___ SW3d ___, 07-10-14)
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14-0726
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IN RE WILLIAM DAVID GOLDEN; from Harris County; 1st Court of Appeals District (01-12-00735-CV, ___ SW3d ___, 05-08-14)
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MISCELLANEOUS
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THE ABATEMENT ORDERS IN THE FOLLOWING CASES ARE LIFTED:
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13-0956
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OIS INVESTMENTS, INC. v. AAA FREE MOVE MINI STORAGE, L.L.C.; from Bexar County; 4th Court of Appeals District (04-11-00849-CV, 419 SW3d 522, 10-30-13)
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motion to reinstate granted
motion to expedite denied abatement order issued July 18, 2014, lifted rehearing reinstated |
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13-0957
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OIS INVESTMENTS, INC. v. AAA FREE MOVE MINI STORAGE, L.L.C.; from Bexar County; 4th Court of Appeals District (04-12-00775-CV, ___ SW3d ___, 10-02-13)
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motion to reinstate granted
motion to expedite denied abatement order issued July 18, 2014, lifted rehearing reinstated |
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14-1005
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GERMAINE JAMES v. JOSE AGUILERA; from Harris County; 14th Court of Appeals District (14-14-00582-CV, ___ SW3d ___, 12-16-14)
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motion to lift abatement granted
abatement order issued December 5, 2014, lifted |
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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14-0655
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IN RE JAMES EDWARD DE MOSS
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14-0988
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IN RE FELICIA NICOLE JONES; from Brazoria County; 1st Court of Appeals District (01-14-00712-CV, ___ SW3d ___, 09-09-14)
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15-0014
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IN RE JESSE GUNN; from Collin County; 5th Court of Appeals District (05-14-01620-CV, ___SW3d ___, 01-08-15)
relator's motion for temporary relief denied
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THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED:
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14-0795
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IN RE LOYD LANDON SORROW; from Harris County
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See TEX. R. APP. P. 5.
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THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS STRUCK PURSUANT TO TEXAS RULE OF APPELLATE PROCEDURE 9.4(i):
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14-1080
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IN RE JOURDANTON HOSPITAL CORPORATION D/B/A SOUTH TEXAS REGIONAL MEDICAL CENTER; from Atascosa County; 4th Court of Appeals District (04-14-00817-CV, ___ SW3d ___, 12-10-14)
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relator's motion to exceed word limit denied
The Court strikes the petition for writ of mandamus with the following notation: "The petition violates Texas Rules of Appellate Procedure 9.4(i)(2)(D) and is struck. Relator is ordered to redraw; the petition is due by January 20, 2015." |
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THE FOLLOWING PETITIONS FOR WRIT OF HABEAS CORPUS ARE DENIED:
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14-0993
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IN RE COMMITMENT OF ETHAN TODD STEWART; from Montgomery County
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14-1011
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IN RE TERRENCE M. GORE; from Dallas County; 5th Court of Appeals District (05-14-01422-CV, ___ SW3d ___, 11-19-14)
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request for emergency temporary relief denied, as supplemented
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