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THE SUPREME COURT OF TEXAS
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Orders Pronounced June 28, 2019
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ORDERS ON CAUSES
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17-0332
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BARROW-SHAVER RESOURCES COMPANY v. CARRIZO OIL & GAS, INC.; from Smith County; 12th Court of Appeals District (12-15-00083-CV, 516 SW3d 89, 01-31-17)
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17-0640
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BARBARA TECHNOLOGIES CORPORATION v. STATE FARM LLOYDS; from Bexar County; 4th Court of Appeals District (04-16-00420-CV, 566 SW3d 294, 04-19-17)
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17-0730
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THE UNIVERSITY OF TEXAS M.D. ANDERSON CANCER CENTER v. LANCE MCKENZIE, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF COURTNEY MCKENZIE-THUE (DECEASED), AND DEBORAH DIVER, INDIVIDUALLY AND AS NEXT FRIEND OF J.O., A MINOR; from Harris County; 14th Court of Appeals District (14-16-00681-CV, 529 SW3d 177, 08-03-17)
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The Court affirms the court of appeals' judgment.
Justice Lehrmann delivered the opinion of the Court, in which Justice Guzman, Justice Boyd, Justice Devine, and Justice Blacklock joined.
Chief Justice Hecht delivered a dissenting opinion, in which Justice Green and Justice Brown joined.
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(Justice Busby not sitting)
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17-1048
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OSCAR ORTIZ v. STATE FARM LLOYDS; from Bexar County; 4th Court of Appeals District (04-17-00252-CV, 568 SW3d 156, 11-08-17)
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The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the trial court.
Justice Lehrmann delivered the opinion of the Court, in which Chief Justice Hecht, Justice Green, Justice Guzman, Justice Boyd, Justice Devine, Justice Brown, Justice Blacklock, and Justice Busby joined as to Parts I, II, III(A), III(B), and III(C), and in which Justice Green, Justice Guzman, Justice Devine, and Justice Busby joined as to Part III(D).
Chief Justice Hecht delivered an opinion concurring in part and dissenting in part, in which Justice Brown and Justice Blacklock joined.
Justice Boyd delivered an opinion concurring in part and dissenting in part.
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18-1022
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MARK SILGUERO AND AMY WOLFE v. CSL PLASMA, INCORPORATED (U.S. 5th Circuit 17-41206)
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The Court answers the questions certified by the United States Court of Appeals for the Fifth Circuit.
Justice Green delivered the opinion of the Court.
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THE FOLLOWING CAUSES ARE SET FOR SUBMISSION:
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19-0234
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LADONNA DEGAN; RIC TERRONES; JOHN MCGUIRE; REED HIGGINS; MIKE GURLEY; LARRY EDDINGTON; STEVEN MCBRIDE v. THE BOARD OF TRUSTEES OF THE DALLAS POLICE AND FIRE PENSION SYSTEM (U.S. 5th Circuit 18-10423)
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[Note: This case has been set for oral argument at 9:00 a.m., September 17, 2019.]
Time allotted to argue: 20/20 minutes
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(Justice Guzman and Justice Brown not sitting)
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19-0452
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RALPH S. JANVEY, IN HIS CAPACITY AS COURT-APPOINTED RECEIVER FOR THE STANFORD INTERNATIONAL BANK LIMITED, ET AL. v. GMAG, L.L.C.; MAGNESS SECURITIES, L.L.C.; GARY D. MAGNESS; MANGO FIVE FAMILY INCORPORATED, IN ITS CAPACITY AS TRUSTEE FOR THE GARY D. MAGNESS IRREVOCABLE TRUST (U.S. 5th Circuit 17-11526)
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[Note: This case has been set for oral argument at 9:00 a.m., October 8, 2019.]
Time allotted to argue: 20/20 minutes
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THE MOTION IN THE FOLLOWING CAUSE IS DENIED:
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16-0998
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RSL FUNDING, LLC AND RSL SPECIAL-IV LIMITED PARTNERSHIP v. RICKEY NEWSOME; from Dallas County; 5th Court of Appeals District (05-15-00718-CV, 559 SW3d 169, 08-30-16)
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respondent's motion to recall issuance, or alternatively stay enforcement, of the mandate denied
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ORDERS ON CASES GRANTED
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THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
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17-0381
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MARY OROZCO v. COUNTY OF EL PASO, SELF-INSURED; from El Paso County; 8th Court of Appeals District (08-15-00079-CV, 545 SW3d 638, 12-21-16)
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[Note: This case has been set for oral argument at 9:00 a.m., November 5, 2019.]
Time allotted to argue: 20/20 minutes
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17-0444
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SUNSTATE EQUIPMENT CO., LLC 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 (03-15-00738-CV, ___ SW3d ___, 01-20-17)
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[Note: This case has been set for oral argument at 9:00 a.m., October 9, 2019.]
Time allotted to argue: 20/20 minutes
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17-0464
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GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS; AND KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS v. AMERICAN MULTI-CINEMA, INC.; from Travis County; 3rd Court of Appeals District (03-14-00397-CV, ___ SW3d ___, 01-06-17)
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[Note: This case has been set for oral argument at 9:00 a.m., October 9, 2019.]
Time allotted to argue: 20/20 minutes
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17-0557
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CLINTON W. (“BUDDY”) PIKE, SR., DANIEL L. WALKER, W. TOBIN WILSON, VHSC CEMENT, LLC, AND FEW READY MIX CONCRETE CO. v. TEXAS EMC MANAGEMENT, LLC, TEXAS EMC PRODUCTS, LP, AND EMC CEMENT, BV; from Limestone County; 10th Court of Appeals District (10-14-00274-CV, ___ SW3d ___, 06-07-17)
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2 petitions
[Note: This case has been set for oral argument at 9:00 a.m., September 24, 2019.]
Time allotted to argue: 20/20 minutes
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17-0736
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TEAL TRADING AND DEVELOPMENT, LP v. CHAMPEE SPRINGS RANCHES PROPERTY OWNERS ASSOCIATION; from Kendall County; 4th Court of Appeals District (04-16-00063-CV, 534 SW3d 558, 07-05-17)
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[Note: This case has been set for oral argument at 9:00 a.m., September 26, 2019.]
Time allotted to argue: 20/20 minutes
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17-0822
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CONOCOPHILLIPS COMPANY, RODOLFO C. RAMIREZ, INDIVIDUALLY AND AS INDEPENDENT ADMINISTRATOR OF THE ESTATE OF ILEANA RAMIREZ, AND EL MILAGRO MINERALS, LTD. v. LEON OSCAR RAMIREZ, JR., INDIVIDUALLY, AND JESUS M. DOMINGUEZ, AS GUARDIAN OF THE ESTATE OF MINERVA CLEMENTINA RAMIREZ, AN INCAPACITATED PERSON; from Zapata County; 4th Court of Appeals District (04-15-00487-CV, 534 SW3d 490, 06-07-17)
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[Note: This case has been set for oral argument at 9:00 a.m., September 17, 2019.]
Time allotted to argue: 20/20 minutes
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17-0862
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ENERGY TRANSFER PARTNERS, L.P. AND ENERGY TRANSFER FUEL, L.P. v. ENTERPRISE PRODUCTS PARTNERS, L.P. AND ENTERPRISE PRODUCTS OPERATING LLC; from Dallas County; 5th Court of Appeals District (05-14-01383-CV, 529 SW3d 531, 07-18-17)
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[Note: This case has been set for oral argument at 9:00 a.m., October 8, 2019.]
Time allotted to argue: 20/20 minutes
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17-0894
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GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS AND KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS v. GULF COPPER AND MANUFACTURING CORPORATION; from Travis County; 3rd Court of Appeals District (03-16-00250-CV, 535 SW3d 1, 08-11-17)
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[Note: This case has been set for oral argument at 9:00 a.m., October 9, 2019.]
Time allotted to argue: 20/20 minutes
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17-0905
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SAN ANTONIO RIVER AUTHORITY v. AUSTIN BRIDGE & ROAD, L.P. AND HAYWARD BAKER INC.; from Medina County; 4th Court of Appeals District (04-16-00535-CV, ___ SW3d ___, 08-09-17)
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[Note: This case has been set for oral argument at 9:00 a.m., September 18, 2019.]
Time allotted to argue: 20/20 minutes
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17-0970
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OFFICE OF THE ATTORNEY GENERAL OF TEXAS v. LAURA G. RODRIGUEZ; from El Paso County; 8th Court of Appeals District (08-14-00054-CV, 535 SW3d 54, 10-16-17)
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motion for rehearing granted
denial of petition for review on January 25, 2019, withdrawn
petition reinstated
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[Note: This case has been set for oral argument at 9:00 a.m., September 24, 2019.]
Time allotted to argue: 20/20 minutes
(Justice Blacklock not sitting)
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17-1010
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DAWN NETTLES v. GTECH CORPORATION AND THE TEXAS LOTTERY COMMISSION; from Dallas County; 5th Court of Appeals District (05-15-01559-CV, ___ SW3d ___, 07-21-17)
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[Note: This case has been set for oral argument at 9:00 a.m., December 3, 2019.]
Time allotted to argue: 20/20 minutes
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(Justice Guzman not sitting)
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18-0044
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COPANO ENERGY, LLC, ET AL. v. STANLEY D. BUJNOCH, LIFE ESTATE, ET AL.; from Lavaca County; 13th Court of Appeals District (13-15-00621-CV, ___ SW3d ___, 12-28-17)
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[Note: This case has been set for oral argument at 9:00 a.m., October 8, 2019.]
Time allotted to argue: 20/20 minutes
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18-0068
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WARNER BROS. ENTERTAINMENT, INC., WARNER BROS. TECHNICAL OPERATIONS, INC. D/B/A WARNER BROS. ADVANCED DIGITAL SERVICES; TMZ PRODUCTIONS, INC.; EHM PRODUCTION, INC. D/B/A TMZ; TMZ.COM; AND ELIZABETH MCKERNAN v. ROBERT JONES; from Travis County; 3rd Court of Appeals District (03-16-00009-CV, 538 SW3d 781,12-21-17)
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[Note: This case has been set for oral argument at 9:00 a.m., September 19, 2019.]
Time allotted to argue: 20/20 minutes
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18-0159
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GTECH CORPORATION v. JAMES STEELE, ET AL.; from Travis County; 3rd Court of Appeals District (03-16-00172-CV, 549 SW3d 768, 01-11-18)
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[Note: This case has been set for oral argument at 9:00 a.m., December 3, 2019.]
Time allotted to argue: 20/20 minutes
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18-0228
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ATRIUM MEDICAL CENTER, LP AND TEXAS HEALTHCARE ALLIANCE, LLC v. HOUSTON RED C LLC D/B/A IMAGEFIRST HEALTHCARE LAUNDRY SPECIALISTS; from Harris County; 14th Court of Appeals District (14-16-00277-CV, 546 SW3d 305, 12-21-17)
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[Note: This case has been set for oral argument at 9:00 a.m., November 5, 2019.]
Time allotted to argue: 20/20 minutes
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18-0264
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GEORGE P. BUSH, AS THE LAND COMMISSIONER OF THE TEXAS GENERAL LAND OFFICE v. LONE OAK CLUB, LLC; from Chambers County; 1st Court of Appeals District (01-17-00140-CV, 546 SW3d 766, 02-22-18)
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[Note: This case has been set for oral argument at 9:00 a.m., September 17, 2019.]
Time allotted to argue: 20/20 minutes
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18-0273
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IN THE INTEREST OF R.R.K., A CHILD; from Collin County; 5th Court of Appeals District (05-17-00794-CV, ___ SW3d ___, 10-25-17)
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[Note: This case has been set for oral argument at 9:00 a.m., September 19, 2019.]
Time allotted to argue: 20/20 minutes
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18-0386
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GUY JAMES GRAY v. PATRICIA SKELTON; from Kerr County; 4th Court of Appeals District (04-16-00828-CV, 547 SW3d 272, 03-14-18)
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[Note: This case has been set for oral argument at 9:00 a.m., September 26, 2019.]
Time allotted to argue: 20/20 minutes
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18-0413
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TOWN OF SHADY SHORES v. SARAH SWANSON; from Denton County; 2nd Court of Appeals District (02-15-00338-CV, 544 SW3d 426, 01-18-18)
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[Note: This case has been set for oral argument at 9:00 a.m., September 24, 2019.]
Time allotted to argue: 20/20 minutes
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18-0426
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WILLIAM A. BREWER III v. LENNOX HEARTH PRODUCTS, LLC; TURNER & WITT PLUMBING, INC.; STRONG CUSTOM BUILDERS, LLC; THERMO DYNAMIC INSULATION, LLC; STATE FARM LLOYDS INSURANCE COMPANY; KEN AND BECKY TEEL; ROSS AND MEG RUSHING; from Lubbock County; 7th Court of Appeals District (07-16-00121-CV, 546 SW3d 866, 03-26-18)
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[Note: Oral argument of this cause will be conducted on Thursday, October 10, 2019 at 9:00 a.m. at Texas A&M University School of Law, Fort Worth, Texas. See Tex. Const. art. V, § 3(a).]
Time allotted to argue: 20/20 minutes
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18-0469
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FARMERS TEXAS COUNTY MUTUAL INSURANCE COMPANY v. RODNEY BEASLEY; from Anderson County; 12th Court of Appeals District (12-17-00150-CV, ___ SW3d ___, 04-25-18)
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[Note: This case has been set for oral argument at 9:00 a.m., November 5, 2019.]
Time allotted to argue: 20/20 minutes
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18-0486
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BRIAN ERIKSON AND QUILLING, SELANDER, LOWNDS, WINSLETT & MOSER, P.C. v. OSCAR RENDA; from Tarrant County; 7th Court of Appeals District (07-17-00019-CV, 547 SW3d 901, 04-17-18)
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[Note: This case has been set for oral argument at 9:00 a.m., September 26, 2019.]
Time allotted to argue: 20/20 minutes
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18-0503
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EBS SOLUTIONS, 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 (03-17-00506-CV, 549 SW3d 849, 04-20-18)
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[Note: This case has been set for oral argument at 9:00 a.m., December 3, 2019.]
Time allotted to argue: 20/20 minutes
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18-0504
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NATHAN ROBINSON AND MISTI ROBINSON, INDIVIDUALLY AND AS REPRESENTATIVES OF ALL PERSONS SIMILARLY SITUATED v. HOME OWNERS MANAGEMENT ENTERPRISES, INC. D/B/A HOME OF TEXAS AND WARRANTY UNDERWRITERS INSURANCE COMPANY; from Jack County; 2nd Court of Appeals District (02-16-00380-CV, 549 SW3d 226, 04-19-18)
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[Note: This case has been set for oral argument at 9:00 a.m., September 18, 2019.]
Time allotted to argue: 20/20 minutes
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18-0581
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PIRANHA PARTNERS, RANDOLPH MUNDT, AND THOMAS H. OWEN, JR., INDIVIDUALLY AND AS PARTNERS OF PIRANHA PARTNERS, AND CHARLES RAY OWEN v. JOE B. NEUHOFF AND NANCY M. NEUHOFF; THOMAS H. NEUHOFF AND JUDY A. NEUHOFF; ROBERT V. NEUHOFF AND ANDREA D. NEUHOFF; AND BOCA VAIL, INC.; from Wheeler County; 7th Court of Appeals District (07-16-00136-CV, ___ SW3d ___, 05-15-18)
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[Note: This case has been set for oral argument at 9:00 a.m., November 6, 2019.]
Time allotted to argue: 20/20 minutes
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18-0591
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COMING ATTRACTIONS BRIDAL AND FORMAL, INC. v. TEXAS HEALTH RESOURCES; from Dallas County; 5th Court of Appeals District (05-17-00773-CV, 552 SW3d 335, 05-16-18)
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[Note: This case has been set for oral argument at 9:00 a.m., November 7, 2019.]
Time allotted to argue: 20/20 minutes
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18-0595
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CHERLYN BETHEL, INDIVIDUALLY, AND AS THE REPRESENTATIVE OF THE ESTATE OF RONALD J. BETHEL, DECEASED v. QUILLING, SELANDER, LOWNDS, WINSLETT & MOSER, P.C., AND JAMES H. MOODY, III; from Dallas County; 5th Court of Appeals District (05-17-00850-CV, ___ SW3d ___, 05-30-18)
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[Note: This case has been set for oral argument at 9:00 a.m., November 7, 2019.]
Time allotted to argue: 20/20 minutes
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18-0656
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CREATIVE OIL & GAS OPERATING, LLC v. LONA HILLS RANCH, LLC; from Lee County; 3rd Court of Appeals District (03-17-00743-CV, 549 SW3d 839, 04-19-18)
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2 petitions
petitioners' motion to dismiss granted
petition for review, on behalf of Lona Hills Ranch, dismissed
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[Note: This case has been set for oral argument at 9:00 a.m., September 19, 2019.]
Time allotted to argue: 20/20 minutes
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18-0721
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TEXAS DEPARTMENT OF CRIMINAL JUSTICE v. CESAR RANGEL; from Harris County; 1st Court of Appeals District (01-17-00956-CV, ___ SW3d ___, 06-28-18)
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[Note: This case has been set for oral argument at 9:00 a.m., November 6, 2019.]
Time allotted to argue: 20/20 minutes
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18-0953
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SHARY PRUSKI v. JOSHUA GARCIA; from Wilson County; 4th Court of Appeals District (04-17-00632-CV, 563 SW3d 333, 08-29-18)
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[Note: This case has been set for oral argument at 9:00 a.m., November 7, 2019.]
Time allotted to argue: 20/20 minutes
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19-0355
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CHEVRON PHILLIPS CHEMICAL COMPANY LP v. ALEXANDER DUBOSE JEFFERSON & TOWNSEND LLP; from Montgomery County; 9th Court of Appeals District (09-14-00313-CV, ___ SW3d ___, 03-14-19)
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joint motion to effectuate settlement, being treated as a petition for review, granted as follows:
Pursuant to Texas Rule of Appellate Procedure 56.3, without considering the merits, the Court grants the petition for review, sets aside the judgment of the court of appeals and remands the case to the trial court for rendition of judgment in accordance with the parties' settlement agreement.
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE SET FOR ORAL ARGUMENT:
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18-0102
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IN RE COMANECHE TURNER, AS NATURAL PARENT AND NEXT FRIEND OF M.T., A MINOR; from Dallas County; 5th Court of Appeals District (05-17-00871-CV, 544 SW3d 9, 10-19-17)
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[Note: This case has been set for oral argument at 9:00 a.m., September 18, 2019.]
Time allotted to argue: 20/20 minutes
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18-0737
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IN RE MURRIN BROTHERS 1885, LTD., ERI-BBTX, LLC, AND CONCHO MINICK, INDIVIDUALLY AND DERIVATIVELY ON BEHALF OF BILLY BOB’S TEXAS INVESTMENTS, LLC, PHILIP MURRIN, AND COWTOWN CONCESSIONS, INC., D/B/A RIVER RANCH STOCKYARDS; from Tarrant County; 2nd Court of Appeals District (02-18-00158-CV, ___ SW3d ___, 07-03-18)
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[Note: Oral argument of this cause will be conducted on Thursday, October 10, 2019 at 9:00 a.m. at Texas A&M University School of Law, Fort Worth, Texas. See Tex. Const. art. V, § 3(a).]
Time allotted to argue: 20/20 minutes
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18-0913
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IN RE FOX RIVER REAL ESTATE HOLDINGS, INC., M. BUCKNER BACCUS, DANIEL T. COOPER, ROSS M. CUMMINGS, WARREN DEMAIO, BRUCE F. DICKSON, KEITH K. DICKSON, EUGENE A. FROST, JR., MARK A. FROST, AND AUGUST J. PELLIZZI; from Washington County; 14th Court of Appeals District (14-18-00646-CV, ___ SW3d ___, 08-30-18)
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[Note: This case has been set for oral argument at 9:00 a.m., November 6, 2019.]
Time allotted to argue: 20/20 minutes
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(Justice Busby not sitting)
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ORDERS ON PETITIONS FOR REVIEW
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THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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18-0333
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CENTRAL PETROLEUM LIMITED v. GEOSCIENCE RESOURCE RECOVERY, LLC; from Harris County; 14th Court of Appeals District (14-16-00933-CV, 543 SW3d 901, 03-08-18)
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motion to abate for settlement dismissed as moot
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18-0439
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IN THE INTEREST OF F.E.N., CHILD; from Harris County; 14th Court of Appeals District (14-17-00598-CV, 542 SW3d 752, 02-06-18)
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(Justice Busby not sitting)
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19-0211
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NORMAN DELAMAR v. FORT WORTH MOUNTAIN BIKER'S ASSOCIATION; from Tarrant County; 2nd Court of Appeals District (02-17-00404-CV, ___ SW3d ___, 01-24-19)
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19-0235
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CHARLES J. GERMANY JR. v. WELLS FARGO BANK, NA; from Fort Bend County; 14th Court of Appeals District (14-17-00916-CV, ___ SW3d ___, 02-07-19)
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19-0341
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TODD DYER, PHRK INTERVENTION, LLC, PHRK INTERVENTION, INC., AND SOUTHSIDE DEVICE, LLC v. MEDOC HEALTH SERVICES, LLC AND TOTAL RX CARE, LLC; from Dallas County; 5th Court of Appeals District (05-18-00472-CV, 573 SW3d 418, 03-08-19)
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19-0515
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IN THE INTEREST OF E.A.M.V., A CHILD; from Bexar County; 4th Court of Appeals District (04-18-00866-CV, ___ SW3d ___, 05-01-19)
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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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18-1168
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IN THE MATTER OF THE MARRIAGE OF CLIFFORD LAYNE HARRISON AND CONNIE V. HARRISON; from Harris County; 14th Court of Appeals District (14-15-00430-CV, 557 SW3d 99, 06-12-18)
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(Justice Busby not sitting)
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19-0072
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ELSIE O. JONES v. VISHAL HOTELS, LP D/B/A SPRINGHILL SUITES; from Nueces County; 13th Court of Appeals District (13-17-00249-CV, ___ SW3d ___, 12-06-18)
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19-0220
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WALTER ZAWISLAK, MD v. TEXAS MEDICAL BOARD; from Travis County; 3rd Court of Appeals District (03-17-00523-CV, ___ SW3d ___, 01-25-19)
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MISCELLANEOUS
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS IS DENIED:
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19-0435
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IN RE ELIZABETH BENAVIDEZ ELITE AVIATION, INC.; from Webb County; 4th Court of Appeals District (04-19-00283-CV, ___ SW3d ___, 05-15-19)
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THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS ABATED:
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19-0048
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IN RE DR. ANDREW W. MCADOO; from Webb County; 4th Court of Appeals District (04-17-00628-CV, ___ SW3d ___, 04-18-18)
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unopposed motion to abate petition for writ of mandamus granted
abatement order issued
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[Note: This case is removed from the Court's active docket until August 27, 2019, by which time the parties must file either a status report or a motion to dismiss.]
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