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THE SUPREME COURT OF TEXAS
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Orders Pronounced December 2, 2022
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ORDERS ON CAUSES
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21-0886
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IN RE AUBURN CREEK LIMITED PARTNERSHIP; THE LYND COMPANY; LYND FAMILY LIMITED PARTNERSHIP; AND FORTY FOUR ELEVEN, LLC; from Bexar County; 4th Court of Appeals District (04-21-00389-CV, ___ SW3d ___, 10-06-21)
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stay order issued October 22, 2022, lifted
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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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(Justice Lehrmann not participating)
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THE FOLLOWING CAUSE IS DISMISSED:
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21-1006
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ALTON JAY LEUSCHNER AND NINA JUNE LEUSCHNER v. CITY OF ROBINSON, A MUNICIPAL CORPORATION; from McLennan County; 10th Court of Appeals District (10-19-00278-CV, 636 SW3d 48, 10-06-21)
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joint motion to dismiss appeal granted
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THE MOTION IN THE FOLLOWING CAUSE IS GRANTED:
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21-0641
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COMCAST CORPORATION AND NBC UNIVERSAL MEDIA, LLC, MCLANE CHAMPIONS, LLC, AND R. DRAYTON MCLANE, JR. v. HOUSTON BASEBALL PARTNERS LLC; from Harris County; 14th Court of Appeals District (14-20-00043-CV, 627 SW3d 398, 06-17-21)
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respondent Houston Baseball Partners LLC's notice of nonsuit with prejudice and petitioners Comcast Corporation and NBC Universal Media, LLC's motion to dismiss petition granted
petition for review, filed on behalf of Comcast Corporation and NBC Universal Media, LLC, dismissed
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[Note: The cause remains pending as to the petition for review filed on behalf of McLane Champions, LLC and R. Drayton McLane, Jr.]
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ORDERS ON PETITIONS FOR REVIEW
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THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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22-0624
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ML DEV, LP, INCORRECTLY NAMED ML DEVELOPMENT, LP v. ROSS DRESS FOR LESS, INC.; from Waller County; 1st Court of Appeals District (01-20-00773-CV, ___ SW3d ___, 04-07-22)
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22-0665
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ROBERT F. CALDWELL v. WILLIAM R. MOTAL, ET AL.; from Anderson County; 12th Court of Appeals District (12-22-00121-CV, ___ SW3d ___, 06-16-22)
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22-0783
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NEW 99 ENTERPRISES, INC. v. MATHESON TRI-GAS, INC.; from Dallas County; 5th Court of Appeals District (05-20-00626-CV, ___ SW3d ___, 05-06-22)
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22-0819
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SOCORRO GONZALEZ v. ANTONIO GONZALEZ; from Hidalgo County; 13th Court of Appeals District (13-20-00532-CV, ___ SW3d ___, 06-16-22)
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22-0821
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EMMANUEL WIGGINS v. MARIA ISABEL CARR; from El Paso County; 8th Court of Appeals District (08-20-00245-CV, ___ SW3d ___, 08-05-22)
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22-0849
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CARLA ENDERBY v. RITA TENORIO; from Wood County; 12th Court of Appeals District (12-22-00176-CV, ___ SW3d ___, 08-10-22)
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22-0861
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IN THE ESTATE OF TERRY LYNN BANTA, DECEASED; from Wise County; 2nd Court of Appeals District (02-21-00327-CV, ___ SW3d ___, 07-07-22)
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22-0866
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TIFFANY ASTON, AS TRUSTEE FOR THE POLO MEADOW TRUST v. PHH MORTGAGE CORPORATION, SUCCESSOR BY MERGER TO OCWEN LOAN SERVICING, LLC AND MORTGAGE ELECTRONIC SYSTEMS, INC.; from Harris County; 1st Court of Appeals District (01-21-00057-CV, ___ SW3d ___, 08-16-22)
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22-0873
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IN THE INTEREST OF S.C. AND M.E.B., CHILDREN; from Bexar County; 4th Court of Appeals District (04-22-00125-CV, ___ SW3d ___, 08-17-22)
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22-0903
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NICK NISSEN, DAVID JOHNS, AND PAUL W. SACK v. CITY OF FLORESVILLE, TEXAS, AND MARISSA XIMENEZ, GLORIA E. MARTINEZ, JUAN ORTIZ, GLORIA MORALES CANTU, MONICA VELIZ AND JADE JIMENEZ, IN THEIR OFFICIAL CAPACITIES; from Wilson County; 4th Court of Appeals District (04-21-00042-CV, 654 SW3d 11, 06-29-22)
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22-0911
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IN THE MATTER OF C.D.M., JR., A JUVENILE; from Bowie County; 6th Court of Appeals District (06-21-00118-CV, ___ SW3d ___, 09-22-22)
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22-0919
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DEWAYNE NAUMANN, THERESA C. GLOIER, AND ALL OCCUPANTS v. PIRA, LLC; from Travis County; 3rd Court of Appeals District (03-21-00371-CV, ___ SW3d ___, 08-25-22)
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22-0929
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IN THE INTEREST OF M.R.P., A CHILD; from Bexar County; 4th Court of Appeals District (04-22-00312-CV, ___ SW3d ___, 10-12-22)
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22-1004
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IN THE INTEREST OF J.C.K.H. A/K/A J.H., A CHILD; from Harris County; 1st Court of Appeals District (01-22-00283-CV, ___ SW3d ___, 09-29-22)
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counsel's motion to withdraw granted
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22-1008
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IN THE INTEREST OF T.W.M., III, A CHILD; from Wood County; 12th Court of Appeals District (12-22-00184-CV, ___ SW3d ___, 09-30-22)
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counsel's motion to withdraw granted
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22-1031
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IN THE INTEREST OF R.L.R., A CHILD; from Shackelford County; 11th Court of Appeals District (11-22-00106-CV, ___ SW3d ___, 10-06-22)
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THE FOLLOWING PETITIONS FOR REVIEW ARE DISMISSED:
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21-0939
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DELAWARE BASIN RESOURCES LLC v. TIER 1 RESOURCES PARTNERS, GWENDOLYN B. GELTEMEYER, JOHN W. BUSH AND JOHN F. GRIFFIN, AS CO-TRUSTEES OF THE BUSH-GRIFFIN LIVING TRUST CREATED UTA DATED 5/1/1999, JOHN F. GRIFFIN, JOHN W. BUSH, DONNA PEPPER, BARRY HAILEY, VANESSA ARLEDGE DEATON, IN HER CAPACITY AS INDEPENDENT EXECUTOR OF THE ESTATE OF FRAZEE ARLEDGE , LYNN HUGHES, MELANIE LEE, ROBERT HAILEY, JULIE CANON, SYLVIA BUSH, AND DAVID JESS ST. CLAIR, IN HIS CAPACITY AS INDEPENDENT EXECUTOR OF THE ESTATE OF SHARON B. ST. CLAIR; from Reeves County; 8th Court of Appeals District (08-20-00060-CV, 633 SW3d 730, 09-20-21)
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agreed motion to dismiss granted
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22-0476
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MASON-GIBSON, INC. D/B/A HOLIDAY INN EXPRESS PALESTINE, TEXAS v. SLOAN VALVE COMPANY AND CHRISTOPHER JAYNES; from Rusk County; 6th Court of Appeals District (06-21-00108-CV, ___ SW3d ___, 05-06-22)
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joint motion to dismiss granted
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THE FOLLOWING PETITIONS FOR REVIEW ARE REINSTATED:
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20-0996
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DARYL GREG SMITH v. KAREN ANNETTE SMITH; from Tarrant County; 2nd Court of Appeals District (02-20-00064-CV, ___ SW3d ___, 11-05-20)
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motion to reinstate appeal granted
abatement order issued April 23, 2022, lifted
petitions reinstated
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[Note: The petitions for review remain pending before this Court.]
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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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22-0190
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JAMES MATHEWS v. CITY OF BEAUMONT, TEXAS; from Jefferson County; 9th Court of Appeals District (09-20-00053-CV, ___ SW3d ___, 02-03-22)
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22-0455
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MICHAEL A. RUFF v. SUZANN RUFF; from Dallas County; 5th Court of Appeals District (05-21-00157-CV, ___ SW3d ___, 02-11-22)
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22-0517
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WOLFGANG P. HIRCZY DE MINO, PH.D. v. FELIPE N. GOMEZ; from Bexar County; 4th Court of Appeals District (04-22-00017-CV, ___ SW3d ___, 02-16-22)
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22-0815
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IN THE INTEREST OF K.D.T. A/K/A K.T., A CHILD; from Harris County; 14th Court of Appeals District (14-22-00224-CV, ___ SW3d ___, 08-04-22)
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THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
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22-0852
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IN RE ROCKSTAR REMODELING AND DIAMOND DECKS, LLC; AND DONALD M. FERGUSON A/K/A DONNIE M. FERGUSON; from Comal County; 3rd Court of Appeals District (03-22-00547-CV, ___ SW3d ___, 09-22-22)
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MISCELLANEOUS
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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22-0952
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IN RE RICHARD BARROSO
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22-1037
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IN RE L.S.; from Coleman County; 11th Court of Appeals District (11-22-00121-CV, ___ SW3d ___, 06-09-22)
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THE FOLLOWING PETITION FOR WRIT OF HABEAS CORPUS IS DENIED:
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22-0946
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IN RE TERRANCE BRYANT; from Bexar County
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