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THE SUPREME COURT OF TEXAS
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Orders Pronounced September 8, 2017
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ORDERS ON CAUSES
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THE MOTION TO RESET ORAL ARGUMENT IN THE FOLLOWING CAUSE IS GRANTED:
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16-0120
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STEVEN PAINTER, ET AL. v. AMERIMEX DRILLING I, LTD.; from Pecos County; 8th Court of Appeals District (08-14-00134-CV, 511 SW3d 700, 11-03-15)
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unopposed motion to reschedule oral argument granted
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[Note: This cause has been reset for oral argument at 9:00 a.m., December 6, 2017.]
Time allotted to argue: 20/20 minutes
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THE FOLLOWING CAUSE IS REINSTATED:
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15-0509
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MARCELA AND JOSE BUSTAMANTE, AS NEXT FRIENDS OF D.B. v. ENRIQUE N. PONTE, JR., M.D. AND PEDIATRIX MEDICAL SERVICES, INC.; from Dallas County; 5th Court of Appeals District (05-12-01394-CV, 490 SW3d 70, 05-28-15)
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joint motion to lift abatement granted
joint motion to sever and dismiss with prejudice granted
motion to grant motion to sever dismissed as moot
motion to extend abatement dismissed as moot
joint motion to sever and abate appeal permit proceedings in the trial court dismissed as moot
abatement order issued June 16, 2017, lifted
cause reinstated
Pursuant to Texas Rule of Appellate Procedure 56.3, the Court severs the portion of the proceedings against Respondents Jorge Fabio Llamas-Soforo, M.D., and Jorge Fabio Llamas-Soforo, M.D., P.A. d/b/a El Paso Eye Care Center from cause number 15-0509 into case number 17-0727, styled Marcela and Jose Bustamante, as next friends of D.B. v. Jorge Fabio Llamas-Soforo, M.D., and Jorge Fabio Llamas-Soforo, M.D., P.A. d/b/a El Paso Eye Care Center. Case number 17-0727, Marcela and Jose Bustamante, as next friends of D.B. v. Jorge Fabio Llamas-Soforo, M.D., and Jorge Fabio Llamas-Soforo, M.D., P.A. d/b/a El Paso Eye Care Center, is dismissed. The remainder of the appeal in 15-0509, restyled Marcela and Jose Bustamante, as next friends of D.B. v. Enrique N. Ponte, Jr., M.D. and Pediatrix Medical Services, Inc. is reinstated and remains pending before this Court.
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ORDERS ON PETITIONS FOR REVIEW
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THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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17-0147
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TOBY M. FUHRMANN AND BRIDGETT L. KIRKPATRICK; KAREN E. DERRICK; AND MELVIN MCDANIEL v. C & J GRAY INVESTMENTS PARTNERS, LTD.; from Grayson County; 5th Court of Appeals District (05-15-01387-CV, ___ SW3d ___, 12-13-16)
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motion for leave to file supplementary reply brief denied
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17-0212
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L. JOHNSON v. TEXAS WORKFORCE COMMISSION, FRIEDMAN & FEIGER, LLP AND OASIS OUTSOURCING III, INC.; from Dallas County; 5th Court of Appeals District (05-15-01183-CV, ___ SW3d ___, 01-31-17)
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17-0473
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GREAT NORTHERN ENERGY, INC. v. CIRCLE RIDGE PRODUCTION, INC.; from Harrison County; 6th Court of Appeals District (06-16-00015-CV, ___ SW3d ___, 03-22-17)
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17-0476
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ALBORZ DATAR v. NATIONAL OILWELL VARCO, L.P.; from Harris County; 1st Court of Appeals District (01-15-00541-CV, 518 SW3d 467, 01-19-17)
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17-0492
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ANTHONY RAY BANKS v. BEAUMONT POLICE DEPARTMENT, ET AL.; from Jefferson County; 9th Court of Appeals District (09-16-00358-CV, ___ SW3d ___, 04-06-17)
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17-0548
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IN THE INTEREST OF J.H., I.H., E.H., M.H., AND L.H., CHILDREN; from Guadalupe County; 4th Court of Appeals District (04-16-00819-CV, ___ SW3d ___, 05-24-17)
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17-0593
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TIMOTHY BROOKS v. WELLS FARGO BANK, N.A.; from Dallas County; 5th Court of Appeals District (05-16-00550-CV, ___ SW3d ___, 04-28-17)
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(Justice Johnson not sitting)
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17-0602
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LETICIA B. LOYA v. IAN TAYLOR, JACOBUS STERKEN, STICHTING TINSEL GROUP, VITOL HOLDING II S.A. AND TINSEL GROUP, S.A.; from Harris County; 1st Court of Appeals District (01-14-01014-CV, ___ SW3d ___, 11-29-16)
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17-0613
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JASON DANIEL PENA v. TEXAS DEPARTMENT OF PUBLIC SAFETY; from Nueces County; 13th Court of Appeals District (13-15-00280-CV, ___ SW3d ___, 06-15-17)
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17-0615
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IN THE INTEREST OF I.J.-S.A., A CHILD; from Harris County; 1st Court of Appeals District (01-17-00037-CV, ___ SW3d ___, 06-15-17)
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counsel's motion to withdraw granted
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17-0616
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LAKESIDE VILLAGE HOMEOWNERS ASSOCIATION, INC., PRINCIPAL MANAGEMENT GROUP OF NORTH TEXAS, AND PRINCIPAL MANAGEMENT GROUP, INC. v. ALFRED “CORKY” BELANGER AND MICHAEL DRENNAN; from Dallas County; 8th Court of Appeals District (08-15-00214-CV, ___ SW3d ___, 06-14-17)
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THE FOLLOWING PETITIONS FOR REVIEW ARE DISMISSED:
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17-0037
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PHIL WILSON, IN HIS OFFICIAL CAPACITY AS GENERAL MANAGER OF THE LOWER COLORADO RIVER AUTHORITY; AND TIMOTHY TIMMERMAN; THOMAS MICHAEL MARTINE; J. SCOTT ARBUCKLE; STEVE K. BALAS; LORI A. BERGER; JOSEPH M. CRANE, PAMELO JO ELLISON; JOHN M. FRANKLIN; ET AL. v. NEW BRAUNFELS UTILITIES; from Comal County; 3rd Court of Appeals District (03-16-00077-CV, ___ SW3d ___, 07-22-16)
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unopposed motion to dismiss granted
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17-0727
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MARCELA AND JOSE BUSTAMANTE, AS NEXT FRIENDS OF D.B. v. 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 (05-15-01394-CV, 490 SW3d 70, 05-28-15)
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joint motion to sever from cause 15-0509 and dismiss with prejudice granted
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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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17-0320
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JEFFREY MANN v. DENTON COUNTY, DENTON COUNTY SHERIFF'S OFFICE, PAIGE MCCORMICK, AND BENNY PARKEY; from Denton County; 2nd Court of Appeals District (02-16-00030-CV, ___ SW3d ___, 02-09-17)
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as supplemented
motion and request for appointment of counsel dismissed as moot
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17-0356
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SHARON JOHNSON v. ROBERT LARSON AND GAYLE LARSON; from Taylor County; 11th Court of Appeals District (11-15-00042-CV, ___ SW3d ___, 03-23-17)
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THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
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17-0184
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IN RE ZAHIR QUERISHI; from Harris County; 14th Court of Appeals District (14-16-00223-CV, ___ SW3d ___, 06-02-16)
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MISCELLANEOUS
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THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
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17-0621
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IN RE MEDFINMANAGER, LLC AND JOEL CLAPICK; from Bexar County; 4th Court of Appeals District (04-17-00339-CV, ___ SW3d ___, 07-26-17)
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emergency motion for temporary relief denied, as supplemented
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THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED:
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17-0560
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IN RE NABORS COMPLETION & PRODUCTION SERVICES, CO. N/K/A
C&J WELL SERVICES, INC. D/B/A C&J ENERGY SERVICES; from Bexar County
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motion to dismiss petition for writ of mandamus granted
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