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THE SUPREME COURT OF TEXAS
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Orders Pronounced September 23, 2016
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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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13-0768
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BCCA APPEAL GROUP, INC. v. CITY OF HOUSTON, TEXAS; from Harris County; 1st Court of Appeals District (01-11-00332-CV, 485 SW3d 444, 08-29-13)
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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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(Justice Brown not sitting)
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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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(Justice Brown not sitting)
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14-0457
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RSL FUNDING, LLC v. CHEVEZE D. PIPPINS, DANIEL P. MORRIS, DONNA M. O'BRIEN, METROPOLITAN LIFE INSURANCE COMPANY, METLIFE INSURANCE COMPANY OF CONNECTICUT AND METLIFE INVESTORS USA INSURANCE CO.; from Harris County; 14th Court of Appeals District (14-12-00279-CV, ___ SW3d ___, 01-30-14)
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14-0572
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COYOTE LAKE RANCH, LLC v. THE CITY OF LUBBOCK; from Bailey County; 7th Court of Appeals District (07-14-00006-CV, ___ SW3d ___, 07-10-14)
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14-0593
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HALEY HEBNER AND DARRIN CHARLES SCOTT, INDIVIDUALLY AND AS NEXT FRIENDS OF R.M.S., A MINOR v. NAGAKRISHNA REDDY, M.D., AND NEW BRAUNFELS OB/GYN, P.A.; from Comal County; 3rd Court of Appeals District (03-12-00675-CV, ___ SW3d ___, 05-02-14)
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14-0747
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GLENN HEGAR, IN HIS OFFICIAL CAPACITY AS TEXAS COMPTROLLER, AND KEN PAXTON, IN HIS OFFICIAL CAPACITY AS TEXAS ATTORNEY GENERAL v. TEXAS SMALL TOBACCO COALITION AND GLOBAL TOBACCO, INC.; from Travis County; 3rd Court of Appeals District (03-13-00753-CV, 440 SW3d 304, 08-15-14)
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14-0901
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UNION PACIFIC RAILROAD COMPANY v. WILLIAM NAMI; from De Witt County; 13th Court of Appeals District (13-12-00673-CV, ___ SW3d ___, 08-14-14)
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14-0986
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MIKE MORATH, COMMISSIONER OF EDUCATION v. STERLING CITY INDEPENDENT SCHOOL DISTRICT, HIGHLAND INDEPENDENT SCHOOL DISTRICT, AND BLACKWELL CONSOLIDATED INDEPENDENT SCHOOL DISTRICT; from Travis County; 11th Court of Appeals District (11-12-00035-CV, 447 SW3d 505, 10-16-14)
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15-0025
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TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS’ COMPENSATION v. BONNIE JONES AND AMERICAN HOME ASSURANCE COMPANY; from Dallas County; 5th Court of Appeals District (05-13-01353-CV, ___ SW3d ___, 11-06-14)
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15-0046
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LEONARD K. HOSKINS v. COLONEL CLIFTON HOSKINS AND HOSKINS, INC.; from Bexar County; 4th Court of Appeals District (04-13-00859-CV, ___ SW3d ___, 10-15-14)
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15-0143
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TIC ENERGY AND CHEMICAL, INC. v. KEVIN BRADFORD MARTIN; from Calhoun County; 13th Court of Appeals District (13-14-00278-CV, 488 SW3d 344, 01-08-15)
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15-0146
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WAL-MART STORES, INCORPORATED v. DORIS FORTE, O.D., ON BEHALF OF HERSELF AND ALL OTHER SIMILARLY SITUATED PERSONS; BRIDGET LEESANG, O.D.; DAVID WIGGINS, O.D.; AND JOHN BOLDAN, O.D. (U.S. 5th Circuit 12-40854)
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(Justice Willett not sitting)
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15-0437
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TERESA GAROFOLO v. OCWEN LOAN SERVICING, L.L.C. (U.S. 5th Circuit 14-51156)
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THE MOTION IN THE FOLLOWING CAUSE IS DENIED:
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14-0797
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IN RE STEVEN C. PHILLIPS; from Bexar County
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motion for fees, alternative supplement to writ of mandamus, denied
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ORDERS ON CASES GRANTED
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THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
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15-0188
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ENGELMAN IRRIGATION DISTRICT v. SHIELD BROTHERS, INC.; from Hidalgo County; 13th Court of Appeals District (13-14-00070-CV, ___ SW3d ___, 01-15-15)
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motion for rehearing granted
denial of petition for review on May 27, 2016, withdrawn
petition reinstated
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[Note: This case has been set for oral argument at 9:00 a.m., December 7, 2016.]
Time allotted to argue: 20/20 minutes
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15-0240
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EXXON MOBIL CORPORATION AND WHM CUSTOM SERVICES, INC. v. GILBERTO RINCONES; from Cameron County; 13th Court of Appeals District (13-11-00075-CV, 457 SW3d 221, 02-12-15)
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[Note: This case has been set for oral argument at 9:00 a.m., December 8, 2016.]
Time allotted to argue: 20/20 minutes
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(Justice Lehrmann not sitting)
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15-0320
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KING STREET PATRIOTS, CATHERINE ENGELBRECHT, BRYAN ENGELBRECHT, AND DIANE JOSEPHS v. TEXAS DEMOCRATIC PARTY; GILBERTO HINOJOSA, IN HIS CAPACITY AS TEXAS DEMOCRATIC PARTY CHAIRMAN; AND ANN BENNETT, IN HER CAPACITY AS DEMOCRATIC NOMINEE FOR DALLAS COUNTY CLERK; from Travis County; 3rd Court of Appeals District (03-12-00255-CV, 459 SW3d 631, 12-08-15)
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[Note: This case has been set for oral argument at 9:00 a.m., December 8, 2016.]
Time allotted to argue: 20/20 minutes
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15-0509
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MARCELA AND JOSE BUSTAMANTE, AS NEXT FRIENDS OF DANIELLA BUSTAMANTE v. ENRIQUE N. PONTE, JR., M.D., PEDIATRIX MEDICAL SERVICES, INC., JORGE FABIO LLAMAS-SOFORO, M.D. AND JORGE FABIO LLAMAS-SOFORO, M.D., P.A. D/B/A EL PASO EYE CENTER; from Dallas County; 5th Court of Appeals District (05-12-01394-CV, 490 SW3d 70, 05-28-15)
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[Note: This case has been set for oral argument at 9:00 a.m., December 8, 2016.]
Time allotted to argue: 20/20 minutes
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15-0575
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EL PASO HEALTHCARE SYSTEM, LTD., D/B/A LAS PALMAS MEDICAL CENTER v. LAURA MURPHY; from El Paso County; 8th Court of Appeals District (08-13-00285-CV, ___ SW3d ___, 06-27-15)
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[Note: This case has been set for oral argument at 9:00 a.m., January 11, 2017.]
Time allotted to argue: 20/20 minutes
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ORDERS ON PETITIONS FOR REVIEW
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THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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15-0584
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AUSTIN JOCKEY CLUB, LTD. v. DALLAS CITY LIMITS PROPERTY CO.; from Dallas County; 5th Court of Appeals District (05-14-00114-CV, ___ SW3d ___, 06-05-15)
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15-0698
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CATHERINE MORZAK v. DHM DESIGN; from Dallas County; 5th Court of Appeals District (05-15-00103-CV, ___ SW3d ___, 06-19-15)
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15-0789
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SLOAN CREEK II, L.L.C. v. THE STATE OF TEXAS AND THE NORTH TEXAS TOLLWAY AUTHORITY; from Collin County; 5th Court of Appeals District (05-14-01456-CV, 472 SW3d 906, 08-28-15)
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15-0933
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CASEY JOHNSON, INDIVIDUALLY, AS GUARDIAN OF MAEGEN JOHNSON, NCM, AS HEIR AT LAW TO TRISTEN JOHNSON, DECEASED, AND AS HEIR AT LAW TO MADELEINE JOHNSON, DECEASED, PEARLETTE JOHNSON, INDIVIDUALLY, AND SJON JOHNSON, INDIVIDUALLY v. FORD MOTOR COMPANY; from Dallas County; 5th Court of Appeals District (05-15-00384-CV, 473 SW3d 925, 08-28-15)
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15-0988
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VERTICOR, LTD. v. MICHAEL WOOD; from Travis County; 3rd Court of Appeals District (03-14-00277-CV, ___ SW3d ___, 11-13-15)
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16-0056
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IN THE INTEREST OF S.A.W., A CHILD; from Dallas County; 5th Court of Appeals District (05-15-00876-CV, ___ SW3d ___, 11-25-15)
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16-0127
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MICHAEL DREW, GOVERNMENT ENERGY MANAGEMENT, LLC, EVOLVING SOLUTIONS IN ENERGY, LLC, AND ACCESS FEDERAL BUSINESS, LLC v. ELUMENUS LIGHTING CORPORATION, INC.; from Collin County; 5th Court of Appeals District (05-13-01551-CV, ___ SW3d ___, 05-07-15)
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16-0161
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WOODROW W. MILLER, ASSIGNEE OF JUDGMENTS 2 CA$H, LLC v. ROYAL ISD, WALLER COUNTY AND WALLER-HARRIS ESD #200; from Waller County; 14th Court of Appeals District (14-14-00753-CV, ___ SW3d ___, 12-22-15)
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16-0188
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EXCELLENCE MORTGAGE, LTD. v. BARRY BROOKS, HESTON C. KING, STEFAN DOUGLAS BROOKS, JOHANNA BARTON AND JESSE RODRIGUEZ BENAVIDES; from Bexar County; 4th Court of Appeals District (04-13-00106-CV, 486 SW3d 29, 12-09-15)
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16-0228
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CHAD RIEMENSCHNEIDER, ET UX REBEKAH RIEMENSCHNEIDER v. EAST TEXAS MEDICAL CENTER-CROCKETT, INC. AND TIM MEYER; from Houston County; 12th Court of Appeals District (12-14-00113-CV, ___ SW3d ___, 12-30-15)
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16-0254
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GULF COAST INTERNATIONAL, L.L.C. v. THE RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAII; from Harris County; 1st Court of Appeals District (01-15-00625-CV, 490 SW3d 577, 02-25-16)
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16-0275
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A TRACT OF LAND CONTAINING 5.19 ACRES, BEING THE SOUTH 203.33 FEET OF THE WEST 1111.15 FEET OUT OF LOT 44-9 WEST ADDITION TO SHARYLAND, HIDALGO COUNTY, TEXAS; AND ONE (1) MOBILE HOME LOCATED ON SAID PROPERTY v. THE STATE OF TEXAS; from Hidalgo County; 13th Court of Appeals District (13-13-00138-CV, ___ SW3d ___, 02-04-16)
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16-0276
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ROBERT PHALEN v. MICHAEL MAUCELI, REEF OIL & GAS PARTNERS, L.P. (F/K/A REEF & OIL GAS PARTNERS, LLC) REEF SECURITIES, INC. (F/K/A WESTERN AMERICAN SECURITIES CORP.), REEF EXPLORATION, LP AND PAUL MAUCELI; from Dallas County; 5th Court of Appeals District (05-15-00031-CV, ___ SW3d ___, 01-26-16)
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16-0285
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JESUS EVERARDO VILLARREAL SALINAS v. ENTRAVISION COMMUNICATIONS CORPORATION AND MARIEANELA AGUIRRE; from Hidalgo County; 13th Court of Appeals District (13-13-00702-CV, 487 SW3d 276, 01-22-16)
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16-0292
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COMMERCIAL STATE BANK OF EL CAMPO, TEXAS, INC. v. PATRICK HLAVATY AND JEFF STRNADEL; from Wharton County; 13th Court of Appeals District (13-14-00516-CV, ___ SW3d ___, 03-10-16)
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16-0295
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AXCESS INTERNATIONAL, INC. v. BAKER BOTTS, L.L.P.; from Dallas County; 5th Court of Appeals District (05-14-01151-CV, ___ SW3d ___, 03-24-16)
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16-0299
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BARBARA PINKUS v. HARTFORD CASUALTY INSURANCE COMPANY; from Collin County; 5th Court of Appeals District (05-14-00892-CV, 487 SW3d 616, 11-05-15)
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16-0349
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JOHN BARNES GORDON, INDEPENDENT EXECUTOR OF THE ESTATE OF PATRICK MALCOM GORDON, DECEASED v. BEVERLY DIANE GORDON; from Bastrop County; 11th Court of Appeals District (11-14-00086-CV, ___ SW3d ___, 03-31-16)
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16-0351
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ALICE IRVING v. CHURCH OF CHRIST BOERNE, TEXAS A/K/A BOERNE CHURCH OF CHRIST; from Kendall County; 4th Court of Appeals District (04-15-00616-CV, ___ SW3d ___, 04-13-16)
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16-0354
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CMH SET AND FINISH, INC. v. CHRISTOPHER L. TAYLOR; from Grayson County; 5th Court of Appeals District (05-14-01407-CV, ___ SW3d ___, 03-31-16)
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16-0367
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LAKEITH AMIR-SHARIF v. TEXAS DEPARTMENT OF FAMILY & PROTECTIVE SERVICES; from Dallas County; 5th Court of Appeals District (05-13-00958-CV, ___ SW3d ___, 08-20-15)
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16-0378
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MATTHEW EUGENE DEVINE v. VICKI DIANNE DEVINE; from Tarrant County; 7th Court of Appeals District (07-15-00126-CV, ___ SW3d ___, 03-09-16)
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16-0405
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DIANA D., AS NEXT FRIEND OF KD, A CHILD; KAREN G., AS NEXT FRIEND OF TG AND ZM, CHILDREN; GUADALUPE P., AS NEXT FRIEND OF LP, A CHILD; SALLY L., AS NEXT FRIEND OF CH, A CHILD, DENA D., AS NEXT FRIEND OF BD, A CHILD; OCI ACQUISITION, LLC., ET AL. v. CHARLES SMITH, EXECUTIVE COMMISSIONER OF THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION; AND THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION; from Travis County; 3rd Court of Appeals District (03-15-00657-CV, ___ SW3d ___, 04-21-16)
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16-0416
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RITA LEMONS v. BETTY J. GARMOND, MAMIE BRIGHT, JUSTIN THOMAS AND JAQUELINE R. WOODARD; from Fort Bend County; 1st Court of Appeals District (01-15-00570-CV)
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16-0419
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DEBRA MOSTUE v. THOMAS MANGOLD; from Travis County; 7th Court of Appeals District (07-15-00402-CV, ___ SW3d ___, 03-31-16)
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16-0438
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IN RE COMMITMENT OF WINFRED GENTRY MASSINGILL; from Montgomery County; 9th Court of Appeals District (09-15-00365-CV, ___ SW3d ___, 05-05-16)
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16-0443
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B & G INVESTMENTS, GENE BEHNE, BRANDON NICHOLS AND BARRETT WORTHAM v. MICHAEL BRISCOE AND JOHN MARGETIS; from Navarro County; 7th Court of Appeals District (07-14-00141-CV, ___ SW3d ___, 04-06-16)
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16-0463
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TERESA WARD COOPER v. THE STATE OF TEXAS, ET AL.; from Collin County; 5th Court of Appeals District (05-15-00237-CV, ___ SW3d ___, 03-09-16)
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16-0464
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IN RE COMMITMENT OF CARL DOUGLAS LEWIS; from Montgomery County; 9th Court of Appeals District (09-15-00360-CV, ___ SW3d ___, 05-12-16)
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16-0494
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PATRICK THOBE v. UNIVERSITY OF TEXAS SOUTHWESTERN MEDICAL CENTER; from Dallas County; 5th Court of Appeals District (05-14-01450-CV, ___ SW3d ___, 05-25-16)
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16-0508
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DONNA PULKRABEK v. UNIVERSITY OF TEXAS SOUTHWESTERN MEDICAL CENTER; from Dallas County; 5th Court of Appeals District (05-14-01341-CV, ___ SW3d ___, 05-25-16)
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16-0526
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ADELMIRA GARZA v. JAMIE MARIE SANCEN; from Collin County; 5th Court of Appeals District (05-15-00666-CV, ___ SW3d ___, 04-14-16)
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16-0594
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PATRICK CHARLES v. METHODIST HEALTH CENTERS D/B/A HOUSTON METHODIST SUGAR LAND HOSPITAL; from Fort Bend County; 1st Court of Appeals District (01-16-00106-CV, ___ SW3d ___, 06-14-16)
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motion for appointment of counsel denied
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16-0597
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ASHLIE KOENIG v. BRIAN BLAYLOCK; from Williamson County; 3rd Court of Appeals District (03-15-00705-CV, ___ SW3d ___, 07-01-16)
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16-0604
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IN THE INTEREST OF K.M., I.D., AND D.G., CHILDREN; from Childress County; 7th Court of Appeals District (07-16-00120-CV, ___ SW3d ___, 06-29-16)
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THE FOLLOWING PETITION FOR REVIEW IS DISMISSED FOR WANT OF JURISDICTION:
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16-0316
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COLETTE CUSTER v. WELLS FARGO BANK, N.A.; from Travis County; 3rd Court of Appeals District (03-15-00362-CV, ___ SW3d ___, 03-18-16)
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See TEX. GOV’T CODE § 22.225(b)(1)
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(Justice Johnson not sitting)
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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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15-0271
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SUNNY OGBOMO AND JOAN KYANGUNGU v. AMERICAN HOMES 4 RENT PROPERTIES TWO, LLC, A DELAWARE LIMITED LIABILITY COMPANY; from Tarrant County; 2nd Court of Appeals District (02-14-00105-CV, ___ SW3d ___, 12-18-14)
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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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15-0469
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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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15-0915
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GREGG GIBB v. CONGLOMERATE GAS II, L.P. AND VANCOUVER SKY MANAGEMENT, L.L.C.; from Tarrant County; 2nd Court of Appeals District (02-14-00119-CV, ___ SW3d ___, 10-15-15)
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16-0269
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RITA LEMONS v. JOE PAYTON LEE; from Harris County; 1st Court of Appeals District (01-15-00701-CV, ___ SW3d ___, 02-02-16)
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16-0364
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DOUGLAS MICHAEL BULTHUIS v. JOSE JUAN (J.J.) AVILA; from Hidalgo County; 13th Court of Appeals District (13-13-00717-CV, ___ SW3d ___, 12-29-15)
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MISCELLANEOUS
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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16-0207
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IN RE RWH HOMEBUILDERS, LP; from Harris County; 14th Court of Appeals District (14-13-00948-CV, ___ SW3d ___, 08-25-16)
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16-0433
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IN RE PIATT SERVICES INTERNATIONAL, INC.; from Travis County; 3rd Court of Appeals District (03-16-00288-CV, ___ SW3d ___, 05-27-16)
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relator's emergency motion for stay denied, as supplemented
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16-0608
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IN RE SAMARA PORTFOLIO MANAGEMENT, LLC, LAW OFFICE OF JOSEPH ONWUTEAKA, P.C. AND JOSEPH ONWUTEAKA; from Harris County; 14th Court of Appeals District (14-16-00618-CV, ___ SW3d ___, 08-11-16)
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THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED:
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16-0332
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IN RE NORTHFIELD INSURANCE COMPANY; from Webb County; 4th Court of Appeals District (04-15-00794-CV, ___ SW3d ___, 05-04-16)
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joint motion to dismiss original proceeding granted
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THE FOLLOWING PETITIONS FOR WRIT OF HABEAS CORPUS ARE DENIED:
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16-0135
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IN RE FRANCISCO DE LOS REYES; from El Paso County
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16-0194
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IN RE PATRICK O'NEAL JACKSON; from Harris County
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THE DECISION OF THE BOARD OF DISCIPLINARY APPEALS IN THE FOLLOWING APPEAL IS AFFIRMED:
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16-0357
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CYRIL O. CHUKWURAH v. COMMISSION FOR LAWYER DISCIPLINE (56620)
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