Supreme Court
September 11, 2015
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THE SUPREME COURT OF TEXAS
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Orders Pronounced September 11, 2015
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ORDERS ON CAUSES
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THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:
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11-0024
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IN THE MATTER OF THE MARRIAGE OF J.B. AND H.B.; from Dallas County; 5th Court of Appeals District (05-09-01170-CV, 326 SW3d 654, 08-31-10)
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(Justice Lehrmann not sitting)
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13-0047
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ALLEN MARK DACUS, ELIZABETH C. PEREZ, AND REV. ROBERT JEFFERSON v. ANNISE D. PARKER AND CITY OF HOUSTON; from Harris County; 14th Court of Appeals District (14-11-00688-CV, ___ SW3d ___, 07-10-12)
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motion for expedited issuance of mandate denied
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(Justice Brown not sitting)
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13-0080
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RSUI INDEMNITY COMPANY v. THE LYND COMPANY; from Bexar County; 4th Court of Appeals District (04-11-00193-CV, 399 SW3d 197, 03-28-12)
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13-0861
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CANTEY HANGER, LLP v. PHILIP GREGORY BYRD, LUCY LEASING CO., L.L.C., AND PGB AIR, INC.; from Tarrant County; 2nd Court of Appeals District (02-11-00468-CV, 409 SW3d 772, 08-01-13)
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as supplemented
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13-0978
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JLG TRUCKING, LLC v. LAUREN R. GARZA; from Zapata County; 4th Court of Appeals District (04-13-00043-CV, 461 SW3d 554, 10-09-13)
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13-1014
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RANDOL MILL PHARMACY, KVG ENTERPRISES, INC., GARY G. DALEY, JOHN WAYNE BAILEY, JAMES ROBERT FORSYTHE, KEVIN LYNN HEIDE, JULIE KNOWLTON LUBBERT, AND CARA MORRELL v. STACEY MILLER AND RANDY MILLER; from Tarrant County; 2nd Court of Appeals District (02-12-00519-CV, ___ SW3d ___, 09-19-13)
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13-1026
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ROYSTON, RAYZOR, VICKERY, & WILLIAMS, LLP v. FRANCISCO "FRANK" LOPEZ; from Nueces County; 13th Court of Appeals District (13-11-00757-CV, 443 SW3d 196, 06-27-13)
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14-0095
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WAYNE VENTLING v. PATRICIA M. JOHNSON; from Nueces County; 13th Court of Appeals District (13-12-00398-CV, 462 SW3d 92, 12-19-13)
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14-0226
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LIFE PARTNERS HOLDINGS, INC., LIFE PARTNERS, INC., BRIAN D. PARDO, R. SCOTT PEDEN, ADVANCE TRUST & LIFE ESCROW SERVICES, L.T.A., AND PURCHASE ESCROW SERVICES, LLC v. STATE OF TEXAS; from Travis County; 3rd Court of Appeals District (03-13-00195-CV, 459 SW3d 619, 02-06-14)
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motion to withdraw counsel dismissed as moot
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14-0346
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BARBARA D. COSGROVE, INDIVIDUALLY AND AS THE TRUSTEE OF THE CHARLES AND BARBARA COSGROVE FAMILY REVOCABLE LIVING TRUST v. MICHAEL CADE AND BILLIE CADE; from Tarrant County; 2nd Court of Appeals District (02-11-00424-CV, 430 SW3d 488, 04-03-14)
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ORDERS ON PETITIONS FOR REVIEW
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THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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13-0989
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LEISEL MOSELEY, BRIAN DUNN AND JANEL DUNN v. HAPPY HILL FARM ACADEMY/HOME AND HAPPY HILL FARM CHILDREN’S HOME ENDOWMENT FUND, HAPPY HILL FARM CHILDREN HOME, INC. A/K/A DALLAS COWBOYS COURAGE HOUSE; from Somervell County; 10th Court of Appeals District (10-12-00197-CV, ___ SW3d ___, 09-05-13)
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14-0481
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BUILDING TOMORROW'S TALENT, LLC AND MATTHEW GAY v. DORIS MARIE SIMS AND SUCCESSION BUILDERS, LLC; from Denton County; 7th Court of Appeals District (07-12-00170-CV, ___ SW3d ___, 04-30-14)
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14-0625
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SHARMA TADEPALLI v. THE SRI MEENAKSHI TEMPLE SOCIETY; from Brazoria County; 14th Court of Appeals District (14-13-00133-CV, ___ SW3d ___, 04-30-14)
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14-0890
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MARCUS B. PATTERSON, INDIVIDUALLY, AS INDEPENDENT ADMINISTRATOR OF THE ESTATE OF DIANE PATTERSON, AND AS NEXT FRIEND OF DANAE PATTERSON AND DANIEL PATTERSON, AND AS ASSIGNEES OF BREWER LEASING v. HOME STATE COUNTY MUTUAL INSURANCE COMPANY; from Harris County; 1st Court of Appeals District (01-12-00365-CV, ___ SW3d ___, 04-24-14)
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14-0941
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ERWIN CRUZ v. CHERRY PETERSEN LANDRY ALBERT; from Dallas County; 5th Court of Appeals District (05-12-01559-CV, 443 SW3d 441, 08-26-14)
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14-1054
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MARTIN W. COHEN, MARTIN W. COHEN & CO., AND NEHOC ADVISORS, INC. v. FRED LOYA INSURANCE AGENCY, INC., AND LOYA INSURANCE COMPANY; from El Paso County; 8th Court of Appeals District (08-12-00281-CV, 446 SW3d 913, 10-31-14)
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2 petitions
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15-0030
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MONTY BENNETT v. TARRANT REGIONAL WATER DISTRICT; from Tarrant County; 2nd Court of Appeals District (02-13-00354-CV, 453 SW3d 51, 11-26-14)
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15-0129
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BALTASAR D. CRUZ v. JAMES VAN SICKLE, KARL-THOMAS MUSSELMAN D/B/A BURNT ORANGE REPORT AND KATHERINE HAENSCHEN; from Dallas County; 5th Court of Appeals District (05-13-00191-CV, 452 SW3d 503, 12-03-14)
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2 petitions
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15-0182
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KELLY SPURLOCK (AS LEGAL REPRESENTATIVE FOR THE ESTATE OF J.O. SPURLOCK) v. BEACON LLOYDS INSURANCE COMPANY; from Palo Pinto County; 11th Court of Appeals District (11-12-00357-CV, ___ SW3d ___, 01-29-15)
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15-0291
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KAMAL KADI v. WILLIS GROUP; from Harris County; 1st Court of Appeals District (01-14-00695-CV, ___ SW3d ___, 02-10-15)
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15-0311
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RAUL GALVEZ v. TORNADO BUS COMPANY, TORNADO BUS COMPANY D/B/A TORNADO MONEY TRANSFERS, AND JUAN VAZQUEZ; from Dallas County; 5th Court of Appeals District (05-13-00993-CV, ___ SW3d ___, 04-15-15)
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15-0379
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NADER DARYAPAYMA AND FARIBA DARYAPAYMA v. THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF THE CWABS, INC., ASSET-BACK CERTIFICATES, SERIES 2006-15; from Dallas County; 5th Court of Appeals District (05-14-00268-CV, 457 SW3d 618, 02-19-15)
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15-0382
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DEAN’S CAMPIN CO. v. PETER HARDSTEEN AND PAULINA MAYBERG HARDSTEEN AND TEXAS FARM BUREAU; from Grimes County; 1st Court of Appeals District (01-14-00135-CV, ___ SW3d ___, 04-30-15)
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15-0409
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READY CABLE, INC. v. BOND RESTORATION, INC.; from Tarrant County; 7th Court of Appeals District (07-14-00056-CV, ___ SW3d ___, 04-16-15)
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15-0418
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JEANNE K. GOODHEW v. CHRISTUS SPOHN HEALTH SYSTEM CORP. D/B/A CHRISTUS SPOHN HOSPITAL CORPUS CHRISTI - SHORELINE; from Nueces County; 13th Court of Appeals District (13-14-00322-CV, ___ SW3d ___, 03-19-15)
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motion to remand dismissed as moot
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15-0440
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R.D. TIPS, INC. v. VIRGINIA JETT; from Travis County; 3rd Court of Appeals District (03-13-00336-CV, ___ SW3d ___, 04-09-15)
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15-0463
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CHARLES WHITE v. ENZO INVESTMENTS, L.P.; from Harris County; 14th Court of Appeals District (14-13-00509-CV, ___ SW3d ___, 06-04-15)
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15-0499
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W.E.J. v. STATE OF TEXAS; from Navarro County; 10th Court of Appeals District (10-14-00243-CV, ___ SW3d ___, 04-23-15)
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15-0500
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ALICE M. JONES v. ANTONIO MURILLO, INDIVIDUALLY, AND D/B/A TIGER CONSTRUCTION; THE NATIONAL ASSOCIATION OF MINORITY CONTRACTORS OF TEXAS; AND THE CITY OF HOUSTON; from Harris County; 14th Court of Appeals District (14-13-00928-CV, ___ SW3d ___, 05-21-15)
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15-0566
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3109 PROPS, L.L.C., DETOUR, INC., AND RICHARD LINKLATER v. TRUCK INSURANCE EXCHANGE; from Travis County; 3rd Court of Appeals District (03-13-00350-CV, ___ SW3d ___, 06-18-15)
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15-0577
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THE CITY OF EL PASO, TEXAS v. JNC LAND CO. INC.; from El Paso County; 8th Court of Appeals District (08-13-00165-CV, ___ SW3d ___, 06-26-15)
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THE FOLLOWING PETITIONS FOR REVIEW ARE DISMISSED FOR WANT OF JURISDICTION:
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15-0304
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SHEIK TEHUTI v. TRANS-ATLAS FINANCIAL, INC.; from Dallas County; 5th Court of Appeals District (05-14-00126-CV, ___ SW3d ___, 03-12-15)
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motion to stay dismissed as moot
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See TEX. GOV’T CODE § 22.225(b)(1)
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15-0313
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JUAN A. MARTIN-DE-NICOLAS v. REX JONES; from Travis County; 3rd Court of Appeals District (03-13-00318-CV, ___ SW3d ___, 08-28-14)
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See TEX. GOV’T CODE § 22.225(b)(1)
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15-0384
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IRA W. BREWER AND EUGENIA BREWER AND ALL OTHER OCCUPANTS v. U.S. BANK, N.A., AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE BEAR STERNS ARM TRUST, MORTGAGE-PASS THROUGH CERTIFICATES, SERIES 2004-2, ITS SUCCESSORS AND/OR ASSIGNS; from Collin County; 5th Court of Appeals District (05-14-00045-CV, ___ SW3d ___, 04-06-15)
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See TEX. GOV’T CODE § 22.225(b)(1)
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15-0602
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IN RE COMMITMENT OF CARL ALTHOFF ROBINSON; from Montgomery County; 9th Court of Appeals District (09-14-00162-CV, ___ SW3d ___, 04-16-15)
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See TEX. R. APP. P. 53.7(a)
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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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13-0940
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CITY OF DALLAS v. KENNETH E. ALBERT, ET AL.; from Collin County; 5th Court of Appeals District (05-12-00966-CV, ___ SW3d ___, 08-13-13)
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(Justice Brown not sitting)
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14-0708
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DAVID POND WELL SERVICE, INC. D/B/A D.W.P. PRODUCTION v. UNIT PETROLEUM COMPANY; from Lipscomb County; 7th Court of Appeals District (07-12-00359-CV, 439 SW3d 389, 05-19-14)
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15-0063
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STEVEN HEBERT, M.D. v. AMERIPATH, INC. AND DFW 5.01(A) CORPORATION; from Collin County; 5th Court of Appeals District (05-12-00321-CV, 447 SW3d 319, 08-05-14)
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15-0169
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KATY INTERNATIONAL, INC. F/K/A EMER INTERNATIONAL, INC., MENGGHUI ZHANG, AND BINGHUA JIANG v. JINCHUN JIANG; from Harris County; 14th Court of Appeals District (14-13-00615-CV, 451 SW3d 74, 10-21-14)
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15-0391
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RODERICK LEE MITCHELL, M.D. v. TEXAS MEDICAL BOARD; from Travis County; 3rd Court of Appeals District (03-13-00502-CV, ___ SW3d ___, 04-15-15)
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MISCELLANEOUS
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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14-1062
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IN RE KENDRICK EUGENE PENRICE; from Harris County
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15-0592
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IN RE GURDARSHAN BRAR; from Collin County; 5th Court of Appeals District (05-15-00502-CV, ___ SW3d ___, 05-18-15)
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15-0611
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IN RE SUNSET NURSING HOME, INC.; from Brazoria County; 1st Court of Appeals District (01-15-00530-CV, ___ SW3d ___, 07-23-15)
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motion to stay trial court proceedings denied
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THE FOLLOWING PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED FOR WANT OF JURISDICTION:
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15-0385
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IN RE CHRIS JOSHUA MEADOUX; from Bexar County
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See TEX. CODE CRIM. PROC. art. 11.05
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A STAY IS ISSUED IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS:
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15-0631
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IN RE J.B. HUNT TRANSPORT, INC.; from Dallas County; 5th Court of Appeals District (05-15-00808-CV, ___ SW3d ___, 07-29-15)
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emergency motion for temporary relief granted
stay order issued |
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[Note: The petition for writ of mandamus remains pending before this Court.]
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THE FOLLOWING PETITION FOR WRIT OF INJUNCTION IS DISMISSED:
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15-0656
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IN RE GARY DAVID BRAY; from Travis County; 3rd Court of Appeals District (03-15-00548-CV, ___ SW3d ___, 08-28-15)
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See TEX. R. APP. P. 5.
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