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THE SUPREME COURT OF TEXAS
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Orders Pronounced October 4, 2019
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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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16-0966
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THOMAS A. LALONDE, JR., P.E., INDIVIDUALLY AND D/B/A LEE ENGINEERING CO., LEE ENGINEERING CO., STANLEY HAROLD PRATHER AND PRATHER ENGINEERING CONSULTANTS, INC. v. PAUL GOSNELL AND KIM GOSNELL; from Denton County; 2nd Court of Appeals District (02-15-00250-CV, 559 SW3d 559, 08-31-16)
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17-0501
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TEXAS MUTUAL INSURANCE COMPANY v. BERTILA CHICAS, INDIVIDUALLY AND AS BENEFICIARY OF SANTIAGO CHICAS, DECEASED; from Harris County; 1st Court of Appeals District (01-16-00226-CV, 522 SW3d 67, 05-16-17)
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(Justice Busby not participating)
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17-0634
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IN RE VERNA FRANCIS COLEY THETFORD; from Young County; 2nd Court of Appeals District (02-17-00182-CV, 559 SW3d 187, 06-15-17)
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stay order issued July 9, 2019, lifted
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17-0713
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LUIS GARCIA, ET AL. v. CITY OF WILLIS, LEONARD REED, IN HIS OFFICIAL CAPACITY AS [MAYOR] OF THE CITY OF WILLIS, JAMES NOWAK IN HIS OFFICIAL CAPACITY AS CHIEF OF POLICE OF THE CITY OF WILLIS, HECTOR FORESTIER, IN HIS OFFICIAL CAPACITY AS CITY MANAGER OF THE CITY OF WILLIS; from Montgomery County; 9th Court of Appeals District (09-16-00164-CV, 523 SW3d 729, 07-06-17)
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17-0724
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REY GARZA v. ROXANA REGALADO HARRISON AND JOSEPH SANTELLANA, INDIVIDUALLY AND AS RESPRESENTATIVE OF THE ESTATE OF JONATHEN ANTHONY SANTELLANA, DECEASED; from Harris County; 14th Court of Appeals District (14-16-00615-CV, 531 SW3d 852, 07-25-17)
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17-0840
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TIME WARNER CABLE TEXAS LLC AND PUBLIC UTILITY COMMISSION OF TEXAS v. CPS ENERGY AND SOUTHWESTERN BELL TELEPHONE COMPANY D/B/A AT&T TEXAS; from Travis County; 3rd Court of Appeals District (03-14-00340-CV, 537 SW3d 157, 08-31-17)
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(Justice Busby and Justice Bland not participating)
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17-0850
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KMS RETAIL ROWLETT, LP F/K/A KMS RETAIL HUNTSVILLE, LP v. CITY OF ROWLETT, TEXAS; from Dallas County; 5th Court of Appeals District (05-16-00402-CV, 559 SW3d 192, 07-19-17)
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18-0203
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JOSEPH RUSSELL TRIAL AND MICHAEL LEO TRIAL v. JEROME DRAGON, JR. AND PATRICIA G. DRAGON; from Karnes County; 4th Court of Appeals District (04-16-00758-CV, 568 SW3d 160, 11-08-17)
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18-0431
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TARRANT COUNTY, TEXAS v. RODERICK LYDELL BONNER; from Tarrant County; 2nd Court of Appeals District (02-16-00402-CV, 568 SW3d 169, 04-05-18)
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18-1099
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JCB, INCORPORATED, D/B/A CONVEYING & POWER TRANSMISSION SOLUTIONS v. THE HORSBURGH & SCOTT COMPANY (U.S. 5th Circuit 17-51023)
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ORDERS ON CASES GRANTED
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THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
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18-0350
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FRANK LUCIANO AND HELENE LUCIANO v. SPRAYFOAMPOLYMERS.COM, LLC; from Travis County; 3rd Court of Appeals District (03-16-00382-CV, ___ SW3d ___, 03-09-18)
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motion for rehearing granted
denial of petition for review on March 29, 2019, withdrawn
petition reinstated
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[Note: This case has been set for oral argument at 9:00 a.m., January 8, 2020.]
Time allotted to argue: 20/20 minutes
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18-0403
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CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH AND CREDIT SUISSE SECURITIES (USA) LLC v. CLAYMORE HOLDINGS, LLC; from Dallas County; 5th Court of Appeals District (05-15-01463-CV, ___ SW3d ___, 02-20-18)
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[Note: This case has been set for oral argument at 9:00 a.m., January 8, 2020.]
Time allotted to argue: 20/20 minutes
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18-0841
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TOMMY YOWELL, GAIL YOWELL, HARRY GRAFF, EL TERICO, LLC AND CASUARINA INVESTMENTS, LLC (D/B/A LAR RESOURCES, LLC) v. GRANITE OPERATING COMPANY AND APACHE CORPORATION, ET AL.; from Wheeler County; 7th Court of Appeals District (07-17-00112-CV, 557 SW3d 794, 07-26-18)
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[Note: This case has been set for oral argument at 9:00 a.m., January 9, 2020.]
Time allotted to argue: 20/20 minutes
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18-0989
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CITY OF CONROE, TEXAS; CITY OF MAGNOLIA, TEXAS; AND CITY OF SPLENDORA, TEXAS v. SAN JACINTO RIVER AUTHORITY AND KEN PAXTON, ATTORNEY GENERAL OF TEXAS; from Travis County; 3rd Court of Appeals District (03-16-00785-CV, ___ SW3d ___, 08-31-18)
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[Note: This case has been set for oral argument at 9:00 a.m., January 9, 2020.]
Time allotted to argue: 20/20 minutes
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18-1065
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HOMER HILLIS v. HENRY MCCALL; from Gillespie County; 4th Court of Appeals District (04-17-00410-CV, 562 SW3d 98, 08-22-18)
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[Note: This case has been set for oral argument at 9:00 a.m., January 9, 2020.]
Time allotted to argue: 20/20 minutes
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18-1231
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THE CITY OF FORT WORTH AND DAVID COOKE, IN HIS OFFICIAL CAPACITY AS FORT WORTH CITY MANAGER v. STEPHANNIE LYNN RYLIE, TEXAS C&D AMUSEMENTS, INC., AND BRIAN AND LISA SCOTT D/B/A TSCA AND D/B/A RIVER BOTTOM PUB; from Tarrant County; 2nd Court of Appeals District (02-17-00185-CV, 563 SW3d 346, 10-04-18)
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[Note: This case has been set for oral argument at 9:00 a.m., January 28, 2020.]
Time allotted to argue: 20/20 minutes
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19-0263
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BONSMARA NATURAL BEEF COMPANY, LLC & GEORGE CHAPMAN, INDIVIDUALLY v. HART OF TEXAS CATTLE FEEDERS, LLC, JAMES MICHAEL HAYES, INDIVIDUALLY, LYNN LANDRUM, INDIVIDUALLY, AND HENRY O. PICKETT II, INDIVIDUALLY; from Castro County; 7th Court of Appeals District (07-17-00453-CV, ___ SW3d ___, 01-09-19)
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[Note: This case has been set for oral argument at 9:00 a.m., January 28, 2020.]
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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17-0961
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HARDIN-SIMMONS UNIVERSITY, ET AL. v. HUNT CIMARRON LIMITED PARTNERSHIP D/B/A CIMARRON EXPLORATION COMPANY; from Cochran County; 7th Court of Appeals District (07-15-00303-CV, ___ SW3d ___, 07-25-17)
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18-0427
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LINDA MOODY v. EDNA M. ARCHER, HADEN BEARDSLEY AND SARAH KATHRYN PACHECO; from Galveston County; 14th Court of Appeals District (14-15-00945-CV, 544 SW3d 413, 12-14-17)
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(Justice Busby not participating)
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18-0498
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EC LEWISVILLE, LLC, D/B/A ELITE CARE EMERGENCY CENTER; GREATER HOUSTON EMERGENCY PHYSICIANS, PLLC, D/B/A ELITE CARE EMERGENCY CENTER; AND DR. HARVEY CASTRO v. HERIBERTO MARTINEZ GONZALEZ; from Denton County; 2nd Court of Appeals District (02-17-00122-CV, ___ SW3d ___, 03-08-18)
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18-0539
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TYLER CRAIG AND TEJAS VENDING, L.P. v. TEJAS PROMOTIONS, LLC; from Travis County; 3rd Court of Appeals District (03-16-00611-CV, 550 SW3d 287, 05-03-18)
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18-0565
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NABORS DRILLING TECHNOLOGIES USA, INC., SUCCESSOR BY MERGER TO RYAN DIRECTIONAL SERVICES, 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 (03-17-00284-CV, ___ SW3d ___, 06-06-18)
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18-0683
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CRIMSON EXPLORATION INC., ET AL. v. MAGNUM PRODUCING LP; from Lavaca County; 13th Court of Appeals District (13-15-00013-CV, ___ SW3d ___, 12-28-17)
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18-0937
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JAMES P. NEILL v. CHARLES JONES; from Grayson County; 5th Court of Appeals District (05-17-00098-CV, ___ SW3d ___, 06-18-18)
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petitioner's motion to strike dismissed as moot
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18-1028
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CITY OF HIDALGO, TEXAS AND THE CITY OF HIDALGO, TEXAS MUNICIPAL FACILITIES CORPORATION v. MARY LEAH HODGE; from Hidalgo County; 13th Court of Appeals District (13-16-00695-CV, ___ SW3d ___, 01-18-18)
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18-1075
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CCI GULF COAST UPSTREAM LLC v. CIRCLE X CAMP COOLEY, LTD.; from Robertson County; 10th Court of Appeals District (10-17-00325-CV, ___ SW3d ___, 09-26-18)
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18-1194
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SM ARCHITECTS, PLLC AND ROGER STEPHENS v. AMX VETERAN SPECIALTY SERVICES, LLC; from Dallas County; 5th Court of Appeals District (05-17-01064-CV, 564 SW3d 902, 11-08-18)
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19-0018
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JUSTIN JINRIGHT, MICHEL C. MCCHESNEY, AND CAMERON PARKER v. NORTH TEXAS MUNICIPAL WATER DISTRICT; from Collin County; 5th Court of Appeals District (05-18-00152-CV, ___ SW3d ___, 11-27-18)
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19-0056
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THE STATE OF TEXAS v. GLEANNLOCH COMMERCIAL DEVELOPMENT, LP; from Harris County; 1st Court of Appeals District (01-16-00427-CV, ___ SW3d ___, 08-30-18)
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(Justice Bland not participating)
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19-0061
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DR. EMMANUEL E. UBINAS-BRACHE, MD v. SURGERY CENTER OF TEXAS, LP; from Dallas County; 5th Court of Appeals District (05-17-01334-CV, ___ SW3d ___, 12-07-18)
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19-0108
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MEWBOURNE OIL COMPANY v. BANTA OILFIELD SERVICES, INC.; from Smith County; 6th Court of Appeals District (06-17-00107-CV, 568 SW3d 692, 12-04-18)
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19-0184
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JOHN S. MORGAN v. SHERYL JOHNSON-TODD; from Jefferson County; 9th Court of Appeals District (09-17-00194-CV, ___ SW3d ___, 12-20-18)
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19-0203
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ALAMO NATIONAL BUILDING MANAGEMENT, LP 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; 13th Court of Appeals District (13-17-00040-CV, ___ SW3d ___, 01-24-19)
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19-0214
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JOE DRAY RUSHING v. THE STATE OF TEXAS; from Lubbock County; 7th Court of Appeals District (07-17-00059-CV, ___ SW3d ___, 01-23-19)
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19-0269
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UNIVERSAL TELEPHONE EXCHANGE, INC. v. ZTE CORPORATION AND ZTE USA, INC.; from Dallas County; 5th Court of Appeals District (05-17-00781-CV, ___ SW3d ___, 11-19-18)
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19-0300
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PEAK'S ADDITION HOME OWNER'S ASSOCIATION, CITY OF DALLAS AND BOARD OF ADJUSTMENT FOR THE CITY OF DALLAS v. EMF SWISS AVENUE, LLC; from Dallas County; 5th Court of Appeals District (05-17-01112-CV, ___ SW3d ___, 12-28-18)
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19-0316
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STEPHEN MICHAEL YAMIN, JR. v. HENRY A. TROCHESSET AND CARROLL WAYNE CONN, LP; from Galveston County; 1st Court of Appeals District (01-18-00131-CV, ___ SW3d ___, 02-12-19)
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19-0377
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RICHARD "RICK" GONZALES v. MARK RODRIGUEZ, VICTOR TREVINO III, AND THOMAS TREVINO; from Harris County; 14th Court of Appeals District (14-17-00667-CV, ___ SW3d ___, 12-18-18)
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19-0390
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EVELYN KELLY, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF DAVID CHRISTOPHER DUNN v. HOUSTON METHODIST HOSPITAL; from Harris County; 1st Court of Appeals District (01-17-00866-CV, ___ SW3d ___, 03-26-19)
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19-0405
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L SERIES, L.L.C.; CKDH, L.L.C.; VUE, L.L.C.; & CKDH INVESTMENTS, L.L.C. v. CONRAD HOLT; from Tarrant County; 2nd Court of Appeals District (02-17-00415-CV, 571 SW3d 864, 02-28-19)
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19-0439
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VISTA RIDGE 07 A, LLC, A TEXAS LIMITED LIABILITY COMPANY v. THE STATE OF TEXAS; from Denton County; 7th Court of Appeals District (07-18-00025-CV, ___ SW3d ___, 04-22-19)
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19-0443
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FRANKLIN COX v. TEXAS WORKFORCE COMMISSION AND LINCOLN TECHNICAL AND UCAC INC.; from Dallas County; 5th Court of Appeals District (05-17-01331-CV, ___ SW3d ___, 05-10-19)
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19-0451
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LAWRENCE ALLEN v. CLAIRE L. ALLEN; from Williamson County; 3rd Court of Appeals District (03-18-00287-CV, ___ SW3d ___, 04-12-19)
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19-0484
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CENTRAL STATES LOGISTICS, INC. D/B/A DILIGENT DELIVERY SYSTEMS v. BOC TRUCKING, LLC AND CLARENCE J. MEYERS, III INDIVIDUALLY AND D/B/A BOC LOGISTICS; from Harris County; 1st Court of Appeals District (01-16-00693-CV, 573 SW3d 269, 11-01-18)
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19-0518
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KAREN MISKO v. TRACY JOHNS; from Collin County; 5th Court of Appeals District (05-18-00487-CV, 575 SW3d 872, 05-01-19)
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19-0536
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IN THE INTEREST OF C.M.L. AND M.P.L., CHILDREN; from Travis County; 6th Court of Appeals District (06-18-00091-CV, ___ SW3d ___, 05-08-19)
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19-0558
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CARLOS PASOL AND REE FAMILY LTD PARTNERSHIP v. D&C JEWELRY SHOP, INC.; from Cameron County; 13th Court of Appeals District (13-17-00627-CV, ___ SW3d ___, 04-04-19)
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19-0590
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IN THE INTEREST OF Z.N., A CHILD; from Potter County; 7th Court of Appeals District (07-18-00440-CV, 579 SW3d 140, 06-06-19)
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petition for review, on behalf of V.C., denied
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[Note: The petition for review, on behalf of Texas Department of Family and Protective Services, remains pending before this Court.]
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19-0620
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IGNACIO G. GONZALES, JR. AND ESPERANZA GONZALES v. EDNA BURGESS; from Travis County; 6th Court of Appeals District (06-19-00014-CV, ___ SW3d ___, 06-06-19)
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19-0630
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IN THE INTEREST OF A.W., A CHILD; from Wichita County; 2nd Court of Appeals District (02-19-00057-CV, ___ SW3d ___, 06-13-19)
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19-0631
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JEFFREY MURTHA, JAMES BREWER, LARRY BERKMAN, AND CHASIN JASON, INC. v. SAVVY'S, INC., ICIE BERKMAN, AND WENDIE M. KRICKER; from Tarrant County; 2nd Court of Appeals District (02-18-00065-CV, ___ SW3d ___, 06-06-19)
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19-0644
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VICTOR ANTOLIK v. DENNIS ANTOLIK; from Travis County; 6th Court of Appeals District (06-18-00096-CV, ___ SW3d ___, 05-15-19)
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19-0705
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M.V. v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Williamson County; 3rd Court of Appeals District (03-19-00066-CV, ___ SW3d ___, 06-19-19)
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19-0753
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PAUL JASON HAMLIN AND TARA NATALIE BERTALAN HAMLIN v. SMITH ROBERTSON, L.L.P. AND ALTON LEE RIGBY, JR.; from Williamson County; 3rd Court of Appeals District (03-18-00754-CV, ___ SW3d ___, 07-11-19)
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19-0770
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A.L.G.A. AND W.F.A.M. v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Williamson County; 3rd Court of Appeals District (03-19-00086-CV, ___ SW3d ___, 07-10-19)
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2 petitions
counsel's motion to withdraw granted
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19-0774
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IN THE INTEREST OF M.T.R., A CHILD; from Harris County; 14th Court of Appeals District (14-18-01058-CV, 579 SW3d 548, 05-16-19)
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19-0833
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IN THE INTEREST OF M.R., R.R., P.R., C.R., B.R., M.R., AND M.H., CHILDREN; from Bee County; 13th Court of Appeals District (13-19-00178-CV, ___ SW3d ___, 08-30-19)
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19-0844
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IN THE INTEREST OF E.J.M.K., A CHILD; from Bexar County; 4th Court of Appeals District (04-19-00079-CV, ___ SW3d ___, 08-07-19)
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motion to allow withdrawal of attorney granted
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THE FOLLOWING PETITION FOR REVIEW IS DISMISSED:
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19-0419
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ALBERTO TREVINO D/B/A BOB TREVINO INSURANCE WORKPLACE BENEFITS ADVISOR v. LA JOYA INDEPENDENT SCHOOL DISTRICT; from Hidalgo County; 13th Court of Appeals District (13-17-00333-CV, ___ SW3d ___, 04-04-19)
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petitioner's motion to dismiss 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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18-0056
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THE GOODYEAR TIRE & RUBBER COMPANY v. VICKI LYNN ROGERS, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF CARL ROGERS, NATALIE ROGERS AND COURTNEY DUGAT; from Dallas County; 5th Court of Appeals District (05-15-00001-CV, 538 SW3d 637, 09-13-17)
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(Justice Busby not participating)
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18-0150
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VOPAK TERMINAL DEER PARK, INC. v. VERTICAL NORTH AMERICA, INC. NKA RAIZEN NORTH AMERICA, INC.; from Harris County; 14th Court of Appeals District (14-15-01088-CV, ___ SW3d ___, 09-21-17)
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(Justice Busby not participating)
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18-0230
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WILLIAM PAUL GIPS, LUCILLE FAY GIPS, AND CONOCOPHILLIPS COMPANY v. KENNETH HAHN; from De Witt County; 13th Court of Appeals District (13-16-00336-CV, ___ SW3d ___, 02-08-18)
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19-0320
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KATHRYN A. MURPHY v. JUAN TERRAZAS; from Johnson County; 7th Court of Appeals District (07-18-00184-CV, ___ SW3d ___, 01-04-19)
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19-0521
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MAX GROSSMAN v. MARK WOLFE, EXECUTIVE DIRECTOR, TEXAS HISTORICAL COMMISSION; from Travis County; 3rd Court of Appeals District (03-19-00002-CV, 578 SW3d 250, 06-21-19)
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stay order issued August 9, 2019, lifted
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19-0672
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IN THE INTEREST OF A.D.K., C.D.K., AND J.Z.K., CHILDREN; from Lamar County; 6th Court of Appeals District (06-19-00019-CV, ___ SW3d ___, 06-26-19)
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19-0693
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IN THE INTEREST OF J.O., J.O., & J.O., CHILDREN; from Medina County; 4th Court of Appeals District (04-19-00037-CV, ___ SW3d ___, 07-24-19)
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THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
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19-0505
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IN RE WILBERT NORWOOD STARKS; from Collin County; 5th Court of Appeals District (05-19-00322-CV, ___ SW3d ___, 04-10-19)
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MISCELLANEOUS
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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18-1114
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IN RE BRIAN EDWARD FRANKLIN
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19-0057
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IN RE RAFAEL LAGUNES; from Bexar County; 4th Court of Appeals District (04-18-00126-CV, ___ SW3d ___, 05-02-18)
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19-0180
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IN RE MELISSA PSIHOUDAKIS; from Bexar County; 4th Court of Appeals District (04-18-00880-CV, ___ SW3d ___, 12-19-18)
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real party in interest's motion to dismiss for mootness, denied
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19-0468
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IN RE BAILEY PEAVY BAILEY COWAN HECKAMAN PLLC; from Erath County; 11th Court of Appeals District (11-19-00035-CV, ___ SW3d ___, 05-09-19)
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19-0608
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IN RE TRENT S. GRIFFIN; from Dallas County; 5th Court of Appeals District (05-19-00782-CV, ___ SW3d ___, 07-02-19)
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motion for emergency relief denied
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19-0737
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IN RE WILLIAM H. ATWELL, II; from Harris County; 1st Court of Appeals District (01-18-01066-CV, ___ SW3d ___, 08-13-19)
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THE DECISION OF THE BOARD OF DISCIPLINARY APPEALS IN THE FOLLOWING APPEAL IS AFFIRMED:
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19-0389
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SHA'BRANDDON C. JOHNSON v. COMMISSION FOR LAWYCER DISCIPLINE (60708)
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stay order issued May 31, 2019, lifted
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THE FOLLOWING APPEAL FROM A DECISION OF THE BOARD OF DISCIPLINARY APPEALS IS DISMISSED FOR WANT OF PROSECUTION:
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19-0406
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MARCO A. DELGADO v. COMMISSION FOR LAWYER DISCIPLINE (54396)
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