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THE SUPREME COURT OF TEXAS
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Orders Pronounced March 13, 2020
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ORDERS ON CAUSES
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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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The Court reverses the court of appeals' judgment and renders judgment.
Justice Lehrmann delivered the opinion of the Court.
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18-1200
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IN RE MOBILE MINI, INC.; from Hidalgo County; 13th Court of Appeals District (13-18-00551-CV, ___ SW3d ___, 12-04-18)
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Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the writ of mandamus.
Per Curiam Opinion
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19-0488
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IN THE INTEREST OF L.G., A CHILD; from Gregg County; 6th Court of Appeals District (06-18-00099-CV, ___ SW3d ___, 04-10-19)
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Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the trial court.
Per Curiam Opinion
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THE FOLLOWING CAUSE IS RESET FOR ORAL ARGUMENT:
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18-1167
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THE EL PASO EDUCATION INITIATIVE, INC., D/B/A BURNHAM WOOD CHARTER SCHOOL v. AMEX PROPERTIES, LLC; from El Paso County; 8th Court of Appeals District (08-17-00049-CV, 564 SW3d 228, 10-31-18)
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[Note: This cause has been reset for oral argument at 9:00 a.m., March 25, 2020.]
Time allotted to argue: 20/20 minutes
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ORDERS ON CASES GRANTED
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THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
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18-1223
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TEXAS BOARD OF CHIROPRACTIC EXAMINERS; PATRICK FORTNER, IN HIS OFFICIAL CAPACITY AS THE BOARD'S EXECUTIVE DIRECTOR; AND TEXAS CHIROPRACTIC ASSOCIATION v. TEXAS MEDICAL ASSOCIATION; from Travis County; 3rd Court of Appeals District (03-17-00037-CV, 566 SW3d 776, 11-21-18)
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[Note: The date and time for oral argument are yet to be determined.]
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19-0365
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ANDY BRUMLEY & SHERI BRUMLEY v. RICHARD HOWARD MCDUFF, ET AL.; from Wilbarger County; 7th Court of Appeals District (07-17-00248-CV, ___ SW3d ___, 02-22-19)
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[Note: The date and time for oral argument are yet to be determined.]
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19-0629
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SUPER STARR INTERNATIONAL, LLC, LANCE PETERSON, AND KEMAL MERT GUMUS v. FRESH TEXAS PRODUCE, LLC, INDIVIDUALLY AND DERIVATIVELY ON BEHALF OF TEX STARR DISTRIBUTING, LLC; from Hidalgo County; 13th Court of Appeals District (13-18-00233-CV, ___ SW3d ___, 06-06-19)
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abatement order issued September 11, 2019, lifted
petitioners' motion to dismiss appeal, being treated as a petition for review, granted in part as follows:
Pursuant to Texas Rule of Appellate Procedure 56.2, without considering the merits, the Court grants the petition for review, vacates the judgment of the court of appeals and the trial court’s orders pertaining to the temporary injunction, and dismisses as moot the portion of the case pertaining to the temporary injunction.
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ORDERS ON PETITIONS FOR REVIEW
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THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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18-0682
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AMERICAN REALTY TRUST, INC. AND ART MIDWEST, INC. v. ANDREWS KURTH, LLP; from Dallas County; 5th Court of Appeals District (05-16-01433-CV, ___ SW3d ___, 05-08-18)
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18-0983
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EAGLE OIL & GAS CO. v. TRO-X, L.P.; from Dallas County; 5th Court of Appeals District (05-17-00052-CV, ___ SW3d ___, 08-31-18)
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18-1092
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DICKINSON INDEPENDENT SCHOOL DISTRICT v. TEXAS WINDSTORM INSURANCE ASSOCIATION; from Galveston County; 14th Court of Appeals District (14-16-00474-CV, 561 SW3d 263, 10-04-18)
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(Justice Busby not participating)
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19-0005
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STARR INDEMNITY & LIABILITY COMPANY v. KENYON INTERNATIONAL EMERGENCY SERVICES INC.; from Harris County; 1st Court of Appeals District (01-17-00386-CV, ___ SW3d ___, 11-29-18)
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(Justice Green not participating)
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19-0030
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DR. RUTHIE HARPER AND PLLG, LLC v. WELLBEING GENOMICS PTY LTD.; from Travis County; 3rd Court of Appeals District (03-17-00035-CV, ___ SW3d ___, 12-04-18)
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19-0050
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MELISSA FUENTES, INDIVIDUALLY AND AS NEXT FRIEND OF VICTOR ROBERT FUENTES, AND ISABELLA ELAINE FUENTES v. TEXAS MUTUAL INSURANCE COMPANY; from Sutton County; 4th Court of Appeals District (04-16-00662-CV, ___ SW3d ___, 04-25-18)
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19-0132
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SCOTT VAN DYKE v. BUILDERS WEST, INC.; from Harris County; 14th Court of Appeals District (14-16-00686-CV, 565 SW3d 336, 08-14-18)
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(Justice Busby not participating)
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19-0208
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CITY OF DALLAS v. KOJO NKANSAH; from Dallas County; 5th Court of Appeals District (05-18-00069-CV, ___ SW3d ___, 12-17-18)
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19-0223
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DEVIN LAMAR HARRIS AND MEGHAN THERESA HARRIS v. SAMUEL ADAM AFLALO; from Dallas County; 5th Court of Appeals District (05-16-01472-CV, 583 SW3d 236, 12-13-18)
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19-0424
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SAN ANTONIO ALLIANCE OF TEACHERS AND SUPPORT PERSONNEL v. PEDRO MARTINEZ, SUPERINTENDENT OF SAN ANTONIO INDEPENDENT SCHOOL DISTRICT, ET AL.; from Bexar County; 4th Court of Appeals District (04-18-00421-CV, ___ SW3d ___, 04-10-19)
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19-0520
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JOSE GREGORIO SANDOVAL v. DISA, INC.; DISA GLOBAL SOLUTIONS, INC.; from Harris County; 1st Court of Appeals District (01-17-00846-CV, ___ SW3d ___, 12-06-18)
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(Justice Bland not participating)
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19-0616
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COMMISSION FOR LAWYER DISCIPLINE v. OMAR WEAVER ROSALES, 201701087, 201700840, 201700279, 201700153, 201607308, 201607292, 201701948, 201702052; from Travis County; 3rd Court of Appeals District (03-18-00147-CV, 577 SW3d 305, 04-03-19)
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19-0633
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HOUSTON FIREFIGHTERS' RELIEF AND RETIREMENT FUND v. CITY OF HOUSTON, SYLVESTER TURNER, BRENDA STARDIG, JERRY DAVIS, ELLEN COHEN, DWIGHT BOYKINS, DAVE MARTIN, STEVE LE, GREG TRAVIS, KARLA CISNEROS, ROBERT GALLEGOS, MIKE LASTER, LARRY GREEN, MIKE KNOX, DAVID ROBINSON, MICHAEL KUBOSH, AMANDA EDWARDS AND JACK CHRISTIE; from Harris County; 14th Court of Appeals District (14-17-00533-CV, 579 SW3d 792, 06-20-19)
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(Justice Guzman not participating)
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19-0723
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PANHANDLE STEEL ERECTORS, INC. v. LUIS CANTU; from Dallas County; 5th Court of Appeals District (05-17-01495-CV, ___ SW3d ___, 07-17-19)
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19-0744
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OPENGATE CAPITAL GROUP, LLC, OPENGATE CAPITAL MANAGEMENT, LLC AND OPEN PUBLISHING LLC v. SITSA LOGISTICS, INC.; from Hidalgo County; 13th Court of Appeals District (13-17-00531-CV, ___ SW3d ___, 07-11-19)
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19-0779
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PHILIPS JACOB VALLAKALIL AND REEJA SUSAN PHILIPS v. TEXAS REAL ESTATE COMMISSION; from Dallas County; 5th Court of Appeals District (05-18-00702-CV, ___ SW3d ___, 05-24-19)
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19-0809
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RICHARD SEIM AND LINDA SEIM v. ALLSTATE TEXAS LLOYDS AND LISA SCOTT; from Tarrant County; 2nd Court of Appeals District (02-16-00050-CV, ___ SW3d ___, 07-30-19)
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19-0812
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RAHLEK, LTD., ET AL. v. ROBERT G. WELLS, ET AL.; from Coleman County; 11th Court of Appeals District (11-17-00141-CV, 587 SW3d 57, 05-23-19)
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19-0828
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PE SERVICES, LLC, LANDRY ARCHITECTS, AND FABRISTRUCTURE, INC. v. KERRVILLE FITNESS PROPERTY, LLC, J. HOUSER CONSTRUCTION, INC. AND JOSH HOUSER D/B/A HOUSER CONSTRUCTION; from Dallas County; 5th Court of Appeals District (05-17-01317-CV, ___ SW3d ___, 03-25-19)
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19-0864
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RICHARD CULOTTA AND SHANNON CULOTTA v. DOUBLETREE HOTELS LLC, DOUBLETREE MANAGEMENT LLC, HILTON INNS LLC, HILTON RESORTS CORPORATION, HILTON PROPERTIES, LTD. AND GAL-TEX HOTEL CORPORATION; from Harris County; 1st Court of Appeals District (01-18-00267-CV, ___ SW3d ___, 06-25-19)
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19-0873
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CHARLES CHANG, M.D. v. ASHLEY DENNY; from Collin County; 5th Court of Appeals District (05-17-01457-CV, ___ SW3d ___, 08-22-19)
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19-0874
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J. KYLE BASS, ET AL. v. UNITED DEVELOPMENT FUNDING, L.P., ET AL.; from Dallas County; 5th Court of Appeals District (05-18-00752-CV, ___ SW3d ___, 08-21-19)
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19-0903
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IN THE ESTATE OF JOHN M. LITTLE, JR., DECEASED; from Dallas County; 5th Court of Appeals District (05-18-00704-CV, ___ SW3d ___, 08-20-19)
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19-0918
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DANIEL K. HAGOOD, P.C. AND FITZPATRICK HAGOOD SMITH AND UHL, LLP v. KUNAL KAPAI; from Dallas County; 5th Court of Appeals District (05-18-01485-CV, ___ SW3d ___, 08-26-19)
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19-0919
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U.S. ANESTHESIA PARTNERS OF TEXAS, P.A. v. WHITNEY KELLEY MAHANA; from Dallas County; 5th Court of Appeals District (05-18-01414-CV, 585 SW3d 625, 08-27-19)
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19-0980
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LAURA MARINA MANZANO-HERNANDEZ, INDIVIDUALLY AND AS NEXT FRIEND OF I.A.C., A MINOR, AND MARIA GUADALUPE PAYEN, INDIVIDUALLY AND AS NEXT FRIEND OF J.P., A MINOR v. JONES BROTHERS DIRT AND PAVING CONTRACTORS, INC.; from Ector County; 11th Court of Appeals District (11-18-00003-CV, ___ SW3d ___, 07-18-19)
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19-1114
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BOW GROVE v. MARION GINE FRANKE AND BRENDA KAY LYNCH; from Montgomery County; 9th Court of Appeals District (09-18-00119-CV, ___ SW3d ___, 10-17-19)
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20-0012
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ANDRE OMAR WARREN v. KIMBERLY DAE BAUGHMAN; from Harris County; 1st Court of Appeals District (01-19-00678-CV, ___ SW3d ___, 12-12-19)
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20-0025
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JIMMY JOSEPH NEWELL v. THE STATE OF TEXAS; from McLennan County; 10th Court of Appeals District (10-18-00109-CV, ___ SW3d ___, 08-28-19)
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20-0058
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IN RE GUARDIANSHIP OF CHARLES INNESS THRASH, AN INCAPACITATED PERSON; from Bexar County; 4th Court of Appeals District (04-19-00104-CV, ___ SW3d ___, 12-04-19)
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20-0080
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RICK KLINE, D.D.S. AND KLINE DENTAL IMPLANT, PLLC v. ANTHONY LEONARD; from Fort Bend County; 1st Court of Appeals District (01-19-00323-CV, ___ SW3d ___, 12-19-20)
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20-0084
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IN THE INTEREST OF J.P.-L., A CHILD; from Denton County; 2nd Court of Appeals District (02-19-00255-CV, 592 SW3d 559, 12-19-20)
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20-0093
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DAVID VAN VELZER v. AMEGY BANK, ET AL; from Harris County; 1st Court of Appeals District (01-19-00161-CV, ___ SW3d ___, 11-21-19)
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20-0162
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J.M.D. v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Travis County; 3rd Court of Appeals District (03-19-00818-CV, ___ SW3d ___, 02-12-20)
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unopposed motion to withdraw as counsel granted
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ORDERS ON MOTIONS FOR REHEARING
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THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR REVIEW IS GRANTED:
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18-0309
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BERKEL & COMPANY CONTRACTORS, INC. v. TYLER LEE AND LEIGH ANN LEE, INDIVIDUALLY AND AS NEXT FRIEND OF S.R.L., A MINOR; from Brazoria County; 14th Court of Appeals District (14-15-00787-CV, 543 SW3d 288, 01-23-18)
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(Justice Lehrmann and Justice Busby not participating)
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THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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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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18-0683
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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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19-1068
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JASON A. BURKETT v. ZINA BURKETT; from Hidalgo County; 13th Court of Appeals District (13-18-00385-CV, ___ SW3d ___, 07-25-19)
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MISCELLANEOUS
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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19-0023
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IN RE Z.Q.
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19-0268
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IN RE MARCUS P. ROGERS, RECEIVER FOR THE MARITAL DEDUCTION TRUST AND THE RESIDUARY TRUST CREATED UNDER THE LAST WILL AND TESTAMENT OF LEE ROY "COWBOY" HOSKINS, SR.; from Live Oak County; 13th Court of Appeals District (13-18-00296-CV, ___ SW3d ___, 12-27-18)
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19-0840
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IN RE RODNEY YBARRA; from Harris County
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19-1055
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IN RE DIRT ROAD, INC. D/B/A “CHOATE USA” AND COMMERCIAL WATER MANAGEMENT, INC., D/B/A “CHOATE USA”; from Denton County; 2nd Court of Appeals District (02-19-00338-CV, ___ SW3d ___, 11-01-19)
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20-0170
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IN RE DAYBREAK COMMUNITY SERVICES TEXAS, LLC AND DAYBREAK COMMUNITY SERVICES, INC.; from Brazos County; 10th Court of Appeals District (10-19-00395-CV, ___ SW3d ___, 02-26-20)
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relators' emergency motion for temporary relief and stay denied
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THE DECISION OF THE BOARD OF DISCIPLINARY APPEALS IN THE FOLLOWING APPEAL IS AFFIRMED:
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19-0668
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MICHAEL LOUIS PEPPER v. COMMISSION FOR LAWYER DISCIPLINE (61009)
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