Supreme Court
June 17, 2016
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THE SUPREME COURT OF TEXAS
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Orders Pronounced June 17, 2016
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ORDERS ON CAUSES
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13-0303
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HARRIS COUNTY FLOOD CONTROL DISTRICT AND HARRIS COUNTY, TEXAS v. EDWARD A. AND NORMA KERR, ET AL.; from Harris County; 1st Court of Appeals District (01-11-00014-CV, 445 SW3d 242, 03-07-13)
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The Court's opinion issued June 12, 2015 is withdrawn and the opinion issued this date is substituted. The dissenting opinions issued June 12, 2015 are withdrawn and the opinions issued this date are substituted.
The Court reverses the court of appeals' judgment and renders judgment. Justice Willett delivered the opinion of the Court, in which Justice Johnson, Justice Guzman, Justice Lehrmann, and Justice Brown joined. Justice Lehrmann delivered a concurring opinion. Justice Devine delivered a dissenting opinion, in which Chief Justice Hecht, Justice Green, and Justice Boyd joined. |
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13-0673
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ROY SEGER, ET AL. v. YORKSHIRE INSURANCE CO., LTD., AND OCEAN MARINE INSURANCE CO., LTD.; from Hutchinson County; 7th Court of Appeals District (07-12-00090-CV, 407 SW3d 435, 07-19-13)
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14-0293
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JASON R. SEARCY, AS TRUSTEE OF THE EXEMPT ASSETS TRUST v. PAREX RESOURCES, INC.; from Harris County; 14th Court of Appeals District (14-13-00043-CV, 427 SW3d 407, 01-28-14)
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- consolidated with -
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14-0295
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JASON R. SEARCY, AS TRUSTEE OF THE EXEMPT ASSETS TRUST v. PAREX RESOURCES (BERMUDA), LTD.; from Harris County; 14th Court of Appeals District (14-13-00073-CV, ___ SW3d ___, 01-28-14)
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The Court affirms the court of appeals' judgments.
Justice Willett delivered the opinion of the Court, in which Chief Justice Hecht, Justice Green, Justice Johnson, Justice Lehrmann, and Justice Devine joined. Justice Guzman delivered an opinion concurring in part and dissenting in part, in which Justice Boyd joined. |
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(Justice Brown not sitting)
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14-0456
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KBMT OPERATING COMPANY, LLC, KBMT LICENSE COMPANY, LLC, BRIAN BURNS, JACKIE SIMIEN AND TRACY KENNICK v. MINDA LAO TOLEDO; from Orange County; 9th Court of Appeals District (09-13-00234-CV, ___ SW3d ___, 05-08-14)
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The Court reverses the court of appeals' judgment and remands the case to the trial court.
Chief Justice Hecht delivered the opinion of the Court, in which Justice Green, Justice Guzman, Justice Lehrmann, Justice Devine, and Justice Brown joined. Justice Boyd delivered a dissenting opinion, in which Justice Johnson and Justice Willett joined. |
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14-0507
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INEOS USA, LLC F/K/A INNOVENE USA, LLC, INEOS POLYMERS, INC., A/K/A INEOS OLEFINS, INEOS OLEFINS & POLYMERS USA, A DIVISION OF INEOS USA, LLC, AND JONATHAN “BUBBA” PAVLOVSKY v. JOHANNES “JOE” ELMGREN AND VALARIE ELMGREN, INDIVIDUALLY AND AS NEXT FRIENDS OF THEIR MINOR CHILDREN; from Brazoria County; 14th Court of Appeals District (14-13-00044-CV, 431 SW3d 656, 03-20-14)
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respondent's motion for leave to late file conditional cross-petition for review, denied
respondent's petition for review dismissed |
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The Court affirms in part and reverses in part the court of appeals' judgment and renders judgment.
Justice Boyd delivered the opinion of the Court. |
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14-0538
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CORNERSTONE HEALTHCARE GROUP HOLDING, INC. v. NAUTIC MANAGEMENT VI, L.P.; from Dallas County; 5th Court of Appeals District (05-13-00859-CV, ___ SW3d ___, 06-18-14)
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emergency motion to seal dismissed as moot
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- consolidated with -
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14-0539
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CORNERSTONE HEALTHCARE GROUP HOLDING, INC. v. NAUTIC PARTNERS VI, L.P., RELIANT SPLITTER, L.P., AND KENNEDY PLAZA PARTNERS VI, L.P.; from Dallas County; 5th Court of Appeals District (05-11-01730-CV, ___ SW3d ___, 06-05-14)
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emergency motion to seal dismissed as moot
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The Court reverses the court of appeals' judgments and remands the cases to the trial court.
Justice Lehrmann delivered the opinion of the Court. |
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14-0650
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CENTERPOINT BUILDERS GP, LLC AND CENTERPOINT BUILDERS, LTD. v. TRUSSWAY, LTD.; from Jefferson County; 9th Court of Appeals District (09-13-00332-CV, 436 SW3d 882, 07-10-14)
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The Court affirms the court of appeals' judgment.
Justice Lehrmann delivered the opinion of the Court, in which Chief Justice Hecht, Justice Green, Justice Willett, Justice Guzman, Justice Devine, and Justice Brown joined. Justice Boyd delivered a dissenting opinion, in which Justice Johnson joined. |
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14-0743
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SOUTHWEST ROYALTIES, INC. v. GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS, AND KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS; from Travis County; 3rd Court of Appeals District (03-12-00511-CV, ___SW3d___, 08-13-14)
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The Court affirms the court of appeals' judgment.
Justice Johnson delivered the opinion of the Court. |
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THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:
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14-0753
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U.S. METALS, INCORPORATED v. LIBERTY MUTUAL GROUP, INCORPORATED, DOING BUSINESS AS LIBERTY INSURANCE CORPORATION (U.S. 5th Circuit 13-20433)
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2 motions for rehearing
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ORDERS ON CASES GRANTED
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THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
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15-0217
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DEBRA LAVERIE, PH.D. v. JAMES WETHERBE, PH.D.; from Lubbock County; 7th Court of Appeals District (07-13-00348-CV, ___ SW3d ___, 02-20-15)
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[Note: The date and time for oral argument are yet to be determined.]
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15-0232
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LEVINSON ALCOSER ASSOCIATES, L.P. AND LEVINSON ASSOCIATES, INC. v. EL PISTOLÓN II, LTD.; from Hidalgo County; 13th Court of Appeals District (13-13-00723-CV, ___ SW3d ___, 02-12-15)
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[Note: The date and time for oral argument are yet to be determined.]
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15-0298
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4FRONT ENGINEERED SOLUTIONS, INC. v. CARLOS ROSALES, INDIVIDUALLY, AND ROSA MEJIA, AS NEXT FRIEND OF CARLOS ROSALES, JR.; from Hidalgo County; 13th Court of Appeals District (13-13-00655-CV, ___ SW3d ___, 03-12-15)
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[Note: The date and time for oral argument are yet to be determined.]
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15-0912
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COLORADO COUNTY, TEXAS, R. H. “CURLY” WIED, IN HIS OFFICIAL & INDIVIDUAL CAPACITY v. MARC STAFF; from Colorado County; 1st Court of Appeals District (01-14-00323-CV, 470 SW3d 251, 08-18-15)
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[Note: The date and time for oral argument are yet to be determined.]
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ORDERS ON PETITIONS FOR REVIEW
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THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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14-0820
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PS INVESTMENTS, L.P., F/K/A PARADIGM SERVICES, L.P. v. SOUTHERN INSTRUMENT AND VALVE COMPANY, INC.; from Galveston County; 1st Court of Appeals District (01-12-01016-CV, 438 SW3d 638, 03-25-14)
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15-0282
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PRIZE ENERGY RESOURCES, L.P., ET AL. v. BANK OF AMERICA, N.A., AS TRUSTEE OF THE BETTYE BAKER BROWN TRUST, ET AL.; from McMullen County; 4th Court of Appeals District (04-13-00201-CV, ___ SW3d ___, 08-29-14)
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15-0354
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EMERITUS CORPORATION v. THE STATE OF TEXAS; from Cameron County; 13th Court of Appeals District (13-13-00529-CV, 466 SW3d 233, 03-26-15)
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15-0363
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FJELL TECHNOLOGY GROUP F/K/A FJELL INDUSTRIES AS AND SONJA VAN UDEN v. UNITECH INTERNATIONAL, INC.; from Harris County; 14th Court of Appeals District (14-14-00255-CV, ___ SW3d ___, 02-03-15)
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15-0368
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RICHARD F. WALSH, MEDICA-RENTS CO., LTD, AND MED-RCO, INC. v. WOUNDKAIR CONCEPTS, INC., DAN ANDERSON, AND KIM ANDERSON; from Tarrant County; 2nd Court of Appeals District (02-14-00395-CV, ___ SW3d ___ , 04-02-15)
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15-0373
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RICHARD J. MALOUF DDS, RICHARD J. MALOUF DDS, PC, AND RICHARD J. MALOUF DDS, PA v. THE STATE OF TEXAS EX REL, DR. CHRISTINE ELLIS, D.D.S. AND MADELAYNE CASTILLO; from Travis County; 3rd Court of Appeals District (03-14-00036-CV, 461 SW3d 641, 04-02-15)
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15-0375
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ANSELL HEALTHCARE PRODUCTS INC. v. UNITED MEDICAL SUPPLY COMPANY, INC.; from Dallas County; 5th Court of Appeals District (05-12-01365-CV, 476 SW3d 84, 04-03-15)
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15-0449
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RAGHURAMI B. REDDY, AS GUARDIAN OF THE PERSON AND ESTATE OF DEVAVARAM CHRISTOPHER AND OF THE ESTATE OF RUTH CHRISTOPHER, DECEASED v. DOMINO’S PIZZA, LLC; from Jefferson County; 9th Court of Appeals District (09-14-00058-CV, ___ SW3d ___, 03-19-15)
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15-0469
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BOARD OF ADJUSTMENT FOR THE CITY OF SAN ANTONIO & SAROSH MANAGEMENT, LLC D/B/A A-Z FOOD MART v. EAST CENTRAL INDEPENDENT SCHOOL DISTRICT; from Bexar County; 4th Court of Appeals District (04-14-00341-CV, ___ SW3d ___ , 03-18-15)
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2 petitions
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15-0512
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TERRACON CONSULTANTS, INC. F/K/A HBC ENGINEERING, INC. v. USA WALNUT CREEK, DST; from Travis County; 13th Court of Appeals District (13-13-00194-CV, ___ SW3d ___, 02-26-15)
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15-0523
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ACE CASH EXPRESS, INC. v. THE CITY OF DENTON, TEXAS; from Denton County; 2nd Court of Appeals District (02-14-00146-CV, ___ SW3d ___, 06-04-15)
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15-0596
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MARY KAY INC. v. EBAY INC.; from Dallas County; 5th Court of Appeals District (05-14-00782-CV, ___ SW3d ___, 06-25-15)
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15-0624
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SAMANTHA HUY v. ROBERT TREJO; from Dallas County; 5th Court of Appeals District (05-14-00310-CV, ___ SW3d ___, 07-08-15)
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15-0735
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SATTERFIELD & PONTIKES CONSTRUCTION, INC. v. TEXAS SOUTHERN UNIVERSITY, JIM MCSHAN AND GREG WILLIAMS; from Harris County; 1st Court of Appeals District (01-14-00596-CV, 472 SW3d 426, 08-13-15)
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15-0774
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WOLF HOLLOW I, L.P. v. EL PASO MARKETING, L.P.; from Harris County; 14th Court of Appeals District (14-09-00118-CV, 472 SW3d 325, 07-02-15)
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15-0815
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CITY OF DALLAS v. D.R. HORTON - TEXAS, LTD.; from Dallas County; 5th Court of Appeals District (05-14-01414-CV, ___ SW3d ___, 07-10-15)
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15-0837
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KATHRYN CHRISTINE ZARNESKY v. EDWARD FRANCIS ZARNESKY, JR.; from Bell County; 3rd Court of Appeals District (03-13-00692-CV, ___ SW3d ___, 06-24-15)
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15-0839
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PT INTERMEDIATE HOLDING, INC. AND PERSONAL TOUCH HOLDING CORP. v. LMS CONSULTING LLC; from Bexar County; 4th Court of Appeals District (04-14-00827-CV, ___ SW3d ___, 09-16-15)
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15-0877
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BARRY NUSSBAUM v. BUILDERS BANK, AN ILLINOIS BANKING CORPORATION; from Tarrant County; 2nd Court of Appeals District (02-14-00304-CV, 478 SW3d 104, 10-01-15)
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15-0908
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ROBBYN ELIZABETH COY ARRIOLA AND JOEY ARRIOLA v. TOMMY KUTSCHEROUSKY, SR., TOMMY KUTSCHEROUSKY, JR. AND ERIC KUTSCHEROUSKY, D/B/A KUTSCHEROUSKY FARMS; from Limestone County; 7th Court of Appeals District (07-15-00004-CV, ___ SW3d ___, 09-04-15)
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2 petitions
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15-0974
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IT’S ALIVE, INC. AND SHAMIL QURESHI v. POINTE WEST CENTER, LLC; from Harris County; 1st Court of Appeals District (01-14-00779-CV, 476 SW3d 141, 09-10-15)
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15-0976
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BLAINE STANDIFORD v. CITIMORTGAGE, INC., MERSCORP HOLDINGS, INC. AND VENDOR RESOURCE MANAGEMENT; from Travis County; 3rd Court of Appeals District (03-14-00344-CV, ___ SW3d ___, 11-03-15)
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15-0985
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IN THE MATTER OF THE MARRIAGE OF CLINTON BOWERS AND BARBARA BOWERS; from Brazoria County; 14th Court of Appeals District (14-15-00021-CV, 479 SW3d 457, 10-27-15)
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15-0986
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CITY OF LUBBOCK v. LAZARO WALCK; from Lubbock County; 7th Court of Appeals District (07-15-00078-CV, ___ SW3d ___, 11-16-15)
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(Justice Johnson not sitting)
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15-1006
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RICHARD KAMMEN, INDIVIDUALLY AND D/B/A RICHARD KAMMEN & ASSOCIATES v. THE DISCOVERY GROUP, INCORPORATED D/B/A PREFERRED CORPORATE HOUSING; from Harris County; 1st Court of Appeals District (01-15-00243-CV, ___ SW3d ___, 11-19-15)
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16-0010
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CITY OF DALLAS AND LARRY HOLMES, IN HIS OFFICIAL CAPACITY AS CHIEF BUILDING OFFICIAL FOR THE CITY OF DALLAS v. EAST VILLAGE ASSOCIATION; from Dallas County; 5th Court of Appeals District (05-14-01406-CV, 480 SW3d 37, 10-07-15)
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16-0020
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KINGMAN HOLDINGS LLC, AS TRUSTEE FOR THE MAHOGANY 1587 LAND TRUST v. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF MORGAN STANLEY ABS CAPITAL 1 TRUST 2006-NC5, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006 NC5; from Collin County; 5th Court of Appeals District (05-14-00855-CV, ___ SW3d ___, 10-05-15)
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16-0031
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CHARISE CAUDLE v. OAK FOREST APARTMENTS; from Tarrant County; 2nd Court of Appeals District (02-14-00308-CV, ___ SW3d ___, 12-17-15)
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16-0042
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MARYANN CASTRO v. MANUEL CASTRO; from Bexar County; 4th Court of Appeals District (04-14-00785-CV, ___ SW3d ___, 12-16-15)
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16-0060
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ROBERT E. TESCH v. EQUITY SECURED CAPITAL, L.P.; from Travis County; 3rd Court of Appeals District (03-13-00539-CV, ___ SW3d ___, 12-11-15)
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16-0080
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PARALLEL NETWORKS, LLC v. JENNER & BLOCK, LLP; from Dallas County; 5th Court of Appeals District (05-13-00748-CV, ___ SW3d ___, 08-26-15)
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16-0087
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PECAN GROVE MUNICIPAL UTILITY DISTRICT v. CITY OF RICHMOND, TEXAS; from Fort Bend County; 1st Court of Appeals District (01-14-00932-CV, ___ SW3d ___, 08-20-15)
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16-0130
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ANN CALDWELL RUPE, AS TRUSTEE FOR THE DALLAS GORDON RUPE, III 1995 FAMILY TRUST v. LEE C. RITCHIE, ET AL.; from Dallas County; 5th Court of Appeals District (05-08-00615-CV, ___ SW3d ___, 01-12-16)
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16-0140
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HIGHLAND CAPITAL MANAGEMENT, L.P. v. LOOPER REED & MCGRAW, P.C., N/K/A GRAY REED & MCGRAW, P.C.; from Dallas County; 5th Court of Appeals District (05-15-00055-CV, ___ SW3d ___, 01-14-16)
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16-0143
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GREGORY R. MATTOX AND BARBARA WILKERSON v. GRIMES COUNTY COMMISSIONERS' COURT; from Grimes County; 1st Court of Appeals District (01-14-00535-CV, ___ SW3d ___, 08-27-15)
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16-0211
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CHARLES N. DRAPER v. GREG GUERNSEY, IN HIS CAPACITY AS DIRECTOR OF PLANNING AND DEVELOPMENT WATERSHED PROTECTION REVIEW DEPARTMENT AND CITY OF AUSTIN; from Travis County; 3rd Court of Appeals District (03-15-00741-CV, ___ SW3d ___, 02-03-16)
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16-0213
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HIGHLAND CAPITAL MANAGEMENT, L.P. v. RBC CAPITAL MARKETS, LLC; from Dallas County; 5th Court of Appeals District (05-13-00948-CV, ___ SW3d ___, 12-04-15)
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16-0266
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IT'S THE BERRY'S, LLC v. EDOM CORNER, LLC AND EARL BERRY, JR.; from Van Zandt County; 12th Court of Appeals District (12-14-00365-CV, ___ SW3d ___, 03-31-16)
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16-0317
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DEBORAH BEDELL v. ROBYN ZAELWA; from Bexar County; 4th Court of Appeals District (04-14-00564-CV, ___ SW3d ___, 02-03-16)
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THE FOLLOWING PETITIONS FOR REVIEW ARE DISMISSED FOR WANT OF JURISDICTION:
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15-0576
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AKBAR HOSSAIN AND ALL OCCUPANTS v. FEDERAL MORTGAGE ASSOCIATION A/K/A FANNIE MAE; from Harris County; 14th Court of Appeals District (14-14-00273-CV, ___ SW3d ___, 06-16-15)
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See TEX. GOV’T CODE § 22.225(b)(1)
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15-0994
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CAROL POOL v. JAMES POOL; from Parker County; 7th Court of Appeals District (07-15-00124-CV, ___ SW3d ___, 10-21-15)
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motion for reconsideration to refile petition for review denied
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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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15-0190
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MARHABA PARTNERS LIMITED PARTNERSHIP v. KINDRON HOLDINGS, LLC; from Harris County; 14th Court of Appeals District (14-13-01133-CV, 457 SW3d 208, 01-29-15)
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15-0504
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ARBOR WINDSOR COURT, LTD. v. WEEKLEY HOMES, L.P.; from Harris County; 14th Court of Appeals District (14-13-00480-CV, 463 SW3d 131, 03-17-15)
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15-0545
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WESTFREIGHT SYSTEMS, INC. v. JOHN MICHAEL HEUSTON, INDIVIDUALLY AND AS DEPENDENT ADMINISTRATOR OF THE ESTATE OF JUANA GARZA, DECEASED, AND GERONIMO RODRIGUEZ, INDIVIDUALLY; from Jim Wells County; 4th Court of Appeals District (04-14-00124-CV, ___ SW3d ___, 06-17-15)
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15-0633
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DAVID LUCYK v. KINDRON HOLDINGS, LLC; from Harris County; 1st Court of Appeals District (01-14-00521-CV, ___ SW3d ___, 07-28-15)
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15-0647
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RODNEY UNDERWOOD v. OCWEN LOAN SERVICING, LLC, AND U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL ASSET MORTGAGE PRODUCTS, INC., MORTGAGE ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-EFC7; from Harris County; 14th Court of Appeals District (14-15-00455-CV, ___ SW3d ___, 07-02-15)
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15-0764
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DYNAMIC OFFSHORE RESOURCES NS, L.L.C. AND W&T OFFSHORE, INC. v. REPUBLIC PETROLEUM LLC; from Harris County; 1st Court of Appeals District (01-14-00370-CV, 474 SW3d 424, 08-27-15)
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15-0913
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ANTHONY R. FREEMAN v. LOUIS GARCIA, ET AL.; from Bee County; 13th Court of Appeals District (13-15-00393-CV, ___ SW3d ___, 09-24-15)
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16-0063
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ALAN L. HAMILTON v. DANIEL DAVILA, III; from Travis County; 13th Court of Appeals District (13-15-00307-CV, ___ SW3d ___, 10-15-15)
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16-0138
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TERI FORD v. HOUSTON METHODIST SAN JACINTO HOSPITAL; from Harris County; 14th Court of Appeals District (14-14-00201-CV, 483 SW3d 588, 10-15-15)
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THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF HABEAS CORPUS IS DENIED:
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15-0977
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IN RE CHRISTOPHER L. GRAHAM; from Comal County; 3rd Court of Appeals District (03-14-00270-CV, ___ SW3d ___, 10-02-15)
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MISCELLANEOUS
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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16-0154
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IN RE BTB REFINING LLC; from Nueces County; 13th Court of Appeals District (13-15-00327-CV, ___ SW3d ___, 01-28-15)
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16-0280
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IN RE RAUL ADAM TREVIÑO; from Coryell County; 10th Court of Appeals District (10-11-00245-CV, ___ SW3d ___, 04-25-12)
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16-0360
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IN RE ROBERT [BOBBY] WIGHTMAN CERVANTES AND CLINTON WIGHTMAN; from Nacogdoches County
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(Chief Justice Hecht not sitting)
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THE DECISION OF THE BOARD OF DISCIPLINARY APPEALS IN THE FOLLOWING APPEAL IS AFFIRMED:
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16-0118
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CHARLES SEPTOWSKI v. COMMISSION FOR LAWYER DISCIPLINE (55901)
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