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THE SUPREME COURT OF TEXAS
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Orders Pronounced December 19, 2014
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ORDERS ON CAUSES
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13-0435
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CITY OF HOUSTON v. JAMES & ELIZABETH CARLSON, ET AL.; from Harris County; 14th Court of Appeals District (14-12-00099-CV, 401 SW3d 725, 05-02-13)
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The Court reverses the court of appeals' judgment and dismisses the case for want of jurisdiction. Justice Brown delivered the opinion of the Court. Justice Willett delivered a concurring opinion, in which Justice Devine joined.
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13-0537
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IN RE STATE BOARD FOR EDUCATOR CERTIFICATION; from Travis County; 3rd Court of Appeals District (03-13-00376-CV, 411 SW3d 576, 07-03-13)
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13-0686
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JOHN THOMPSON v. TEXAS DEPARTMENT OF LICENSING AND REGULATION; from Travis County; 3rd Court of Appeals District (03-11-00316-CV, ___ SW3d ___, 07-18-13)
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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 reverses the court of appeals' judgment. Per Curiam Opinion
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13-0907
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RICHMONT HOLDINGS, INC., NUKOTE HOLDING, INC., NUKOTE INTERNATIONAL, INC., INKBRARY, L.L.C., SUPERIOR ACQUISITIONS L.L.C., JOHN P. ROCHON, SR., JOHN P. ROCHON, JR., KELLY KITTRELL, RUSSELL MACK, C & R SERVICES, INC. AND KENNETH R. SCHLAG v. SUPERIOR RECHARGE SYSTEMS, L.L.C. AND JON BLAKE; from Denton County; 2nd Court of Appeals District (02-10-00161-CV, ___ SW3d ___, 08-22-13)
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motion to strike dismissed as moot
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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 reverses the court of appeals' judgment and remands the case to the trial court. Per Curiam Opinion
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13-0967
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S.A.S. AND L.O.S., INDIVIDUALLY AND AS NEXT FRIENDS OF E.R.S. AND E.L.S., THEIR MINOR CHILDREN v. BETH BRYANT, ATASCOCITA UNITED METHODIST CHURCH AND THE WEEKDAY LEARNING CENTER; from Harris County; 1st Court of Appeals District (01-12-00189-CV, 416 SW3d 52, 10-22-13)
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The Court withdraws its order of October 3, 2014, granting the petition for review, as the petition was improvidently granted. The petition for review is denied.
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THE FOLLOWING CAUSE IS DISMISSED:
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14-0079
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LOWER COLORADO RIVER AUTHORITY v. CITY OF BOERNE, TEXAS; from Kendall County; 4th Court of Appeals District (04-13-00108-CV, 422 SW3d 60, 01-08-14)
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motion for dismissal pursuant to settlement granted
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THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:
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11-0425
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PETROLEUM SOLUTIONS, INC. v. BILL HEAD D/B/A BILL HEAD ENTERPRISES AND TITEFLEX, INC.; from Hidalgo County; 13th Court of Appeals District (13-09-00204-CV, ___ SW3d ___, 04-29-11)
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The Court's opinion issued July 11, 2014 is withdrawn and the opinion issued this date is substituted. The opinion dissenting in part issued July 11, 2014 is reissued this date without change. The judgment issued July 11, 2014 remains in place. 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 Johnson, Justice Willett, Justice Guzman, Justice Devine, and Justice Brown joined, and in Parts I and II of which Justice Boyd joined. Justice Boyd delivered an opinion dissenting in part.
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12-0483
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ROSEMARIE PORRETTO AND RANDY W. WILLIAMS, AS CHAPTER 7 TRUSTEE OF THE BANKRUPTCY ESTATE OF SONYA PORRETTO v. TEXAS GENERAL LAND OFFICE AND JERRY PATTERSON, IN HIS OFFICIAL CAPACITY AS TEXAS LAND COMMISSIONER; from Galveston County; 1st Court of Appeals District (01-09-00520-CV, 369 SW3d 276, 12-015-11)
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(Justice Boyd not sitting)
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12-0604
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HIGHLAND HOMES LTD. v. THE STATE OF TEXAS; from Bexar County; 8th Court of Appeals District (08-10-00215-CV, 417 SW3d 478, 06-13-12)
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12-0772
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ZACHRY CONSTRUCTION CORPORATION v. PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, TEXAS; from Harris County; 14th Court of Appeals District (14-10-00708-CV, 377 SW3d 841, 08-09-12)
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13-0234
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GILBERT WHEELER, INC. v. ENBRIDGE PIPELINES (EAST TEXAS), L.P.; from Shelby County; 12th Court of Appeals District (12-11-00303-CV, 393 SW3d 921, 02-13-13)
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ORDERS ON CASES GRANTED
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THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
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14-0122
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LIFE PARTNERS, INC. AND MILKIE/FERGUSON INVESTMENT, INC. v. MICHAEL ARNOLD, JANET ARNOLD, STEVE SOUTH AS TRUSTEE ON AND ON BEHALF OF THE SOUTH LIVING TRUST, JOHN S. FERRIS, M.C., CHRISTINE DUNCAN, AND ALL OTHERS SIMILARLY SITUATED; from Dallas County; 5th Court of Appeals District (05-12-00092-CV, 416 SW3d 577, 08-28-13)
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- consolidated for oral argument with -
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14-0226
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LIFE PARTNERS HOLDINGS, INC., LIFE PARTNERS, INC., BRIAN D. PARDO, R. SCOTT PEDEN, ADVANCE TRUST & LIFE ESCROW SERVICES, L.T.A., AND PURCHASE ESCROW SERVICES, LLC v. STATE OF TEXAS; from Travis County; 3rd Court of Appeals District (03-13-00195-CV, ___ SW3d ___, 02-06-14)
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[Note: These causes have been set for oral argument at 9:00 a.m., January 15, 2015.]
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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11-0481
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ATKINS NORTH AMERICA, INC. F/K/A POST, BUCKLEY, SCHUH & JERNIGAN, INC., PBS&J CONSTRUCTION SERVICES, INC. AND YU-CHUN SU, P.E. v. CCE, INC.; from Harris County; 1st Court of Appeals District (01-09-00040-CV, ___ SW3d ___, 01-28-11)
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13-0756
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TRACY B. BROWN v. JANET KLEEREKOPER; from Harris County; 1st Court of Appeals District (01-11-00972-CV, ___ SW3d ___, 03-05-13)
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motions for leave to supplement record dismissed as moot
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13-0882
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SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 5, DAN SCHLADEMAN, AND SUSAN STRUBBE v. PROFESSIONAL JANITORIAL SERVICE OF HOUSTON, INC.; from Harris County; 1st Court of Appeals District (01-12-00660-CV, 415 SW3d 387, 09-17-13)
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Justice Willett dissents to the denial of the petition for review .
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14-0081
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JAVIER A. VEGA v. FULCRUM ENERGY, LLC AND FULCRUM POWER SERVICES, L.P.; from Harris County; 1st Court of Appeals District (01-12-00134-CV, 415 SW3d 481, 10-03-13)
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14-0168
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CMA-CGM (AMERICA) INC. v. EMPIRE TRUCK LINES, INC.; from Harris County; 1st Court of Appeals District (01-12-00354-CV, ___ SW3d ___, 07-09-13)
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unopposed motion for leave to supplement record denied
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14-0415
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DAN WOOD v. THE CITY OF SACHSE, TEXAS; from Dallas County; 5th Court of Appeals District (05-13-00773-CV, ___ SW3d ___, 03-26-14)
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14-0489
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THE EARTHKEEPERS, LLC AND PARAMDEEP DHODY, D/B/A SPIRITUAL URBAN WARRIOR v. AUSTIN BARGAIN CENTERS, INC. D/B/A NATURES TREASURES OF TEXAS, KAREN RICHARDS AND ALBERT "ZEE" HAAG; from Travis County; 3rd Court of Appeals District (03-13-00135-CV, ___ SW3d ___, 04-11-14)
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14-0562
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OLGA DE LA CERDA CABRERA, INDEPENDENT EXECUTRIX OF THE ESTATE OF ROSA A. VALDEZ A/K/A ROSIE A. ZUNIGA, DECEASED v. PALISADES COLLECTION, LLC, CHASE MANHATTAN BANK USA, N.A., HULL & ASSOCIATES, P.C., AND JAMES N. HULL; from Harris County; 1st Court of Appeals District (01-11-00320-CV, ___ SW3d ___, 08-27-13)
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14-0575
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SPECTRASEIS, INC. v. CHRISTOPHER MULGREW; from Harris County; 14th Court of Appeals District (14-13-00252-CV, 436 SW3d 798, 06-10-14)
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14-0603
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MELISSA MACHELLE CLARK, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF ROBBIE LYNN CLARK AND STETSON BENNINGFIELD v. EOG RESOURCES, INC.; from Harris County; 1st Court of Appeals District (01-12-00262-CV, ___ SW3d ___, 01-07-14)
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14-0619
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DALLAS AREA RAPID TRANSIT v. DAVID MORRIS; from Dallas County; 5th Court of Appeals District (05-12-01133-CV, ___ SW3d ___, 05-29-14)
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14-0658
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ROBERT SAMANIEGO v. MARY SAMANIEGO; from Guadalupe County; 4th Court of Appeals District (04-13-00519-CV, ___ SW3d ___, 06-25-14)
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14-0684
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TJFA, L.P. AND CONCERNED CITIZENS AND LANDOWNERS v. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND WASTE MANAGEMENT OF TEXAS, INC.; from Travis County; 3rd Court of Appeals District (03-10-00016-CV, ___ SW3d ___, 07-16-14)
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14-0685
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FLEX ENTERPRISES, LP D/B/A EP FITNESS, AND FLEX ENTERPRISES MANAGEMENT, LLC v. VICTOR CISNEROS; from El Paso County; 8th Court of Appeals District (08-12-00123-CV, ___ SW3d ___, 08-07-14)
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14-0695
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CHARLES AND JUDITH CAYLEY, DENNIS AND TIFFANY DILLARD, ET AL. v. HMW SPECIAL UTILITY DISTRICT OF HARRIS AND MONTGOMERY COUNTIES; from Harris County; 1st Court of Appeals District (01-12-00825-CV, 438 SW3d 661, 04-15-14)
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14-0699
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KELLY WALLS v. DANIEL KLEIN; from Bexar County; 4th Court of Appeals District (04-13-00565-CV, ___ SW3d ___, 07-09-14)
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14-0703
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CHRISTOPHER JENKINS v. CITY OF CEDAR PARK, TEXAS; from Travis County; 3rd Court of Appeals District (03-13-00215-CV, ___ SW3d ___, 07-24-14)
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14-0731
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DIANA C. KIMBLE, ET AL. v. KRISTOPHER P. GOSTECNIK, WELLS FARGO BANK, TRUSTEE OF THE ALBERT E. AND MYRTLE GUNN YORK TRUST AND FPJ LAND COMPANY, LTD.; from Robertson County; 10th Court of Appeals District (10-13-00103-CV, ___ SW3d ___, 07-03-14)
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14-0801
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WELDON R. JOHNSON, JR. v. LEVADA M. WELLS, TRUSTEE OF THE WELLS FAMILY TRUST; from Hardeman County; 7th Court of Appeals District (07-12-00378-CV, ___ SW3d ___, 08-28-14)
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14-0838
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CYNTHIA SCHLAPPER v. RAND K. FOREST AND CROSSWATER YACHT CLUB L.P.; from Travis County; 3rd Court of Appeals District (03-12-00702-CV, ___ SW3d ___, 07-30-14)
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14-0840
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CASTLE HILLS PHARMACY, LLC AND MICHAEL WARD v. JOSEPH A. TRIAL; from Harris County; 14th Court of Appeals District (14-13-00172-CV, ___ SW3d ___, 07-22-14)
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14-0847
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JAMES FRAZIER v. GNRC REALTY, LLC; from Jackson County; 13th Court of Appeals District (13-14-00447-CV, ___ SW3d ___, 08-29-14)
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petitioner's amended motion to stay trial dismissed as moot
respondent's motion to dismiss and for damages denied
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14-0905
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ANDRIUKAITIS-WOODLANDS MEDICAL OFFICE I, LLC. ET AL. v. WOODLANDS-NORTH HOUSTON HEART CENTER, P.A.; from Harris County; 14th Court of Appeals District (14-13-00612-CV, ___ SW3d ___, 09-25-14)
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14-0919
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JOSE ALONSO, MIGUEL BETANCOURT, JOSE RODRIGUEZ, LUID GUAJARDO, ALEJANDRO SALINAS, AND RICARDO SALINAS, JR. v. BECON CONSTRUCTION COMPANY, INC. AND BECHTEL EQUIPMENT OPERATIONS, INC.; from Jefferson County; 9th Court of Appeals District (09-13-00295-CV, 444 SW3d 824, 09-25-14)
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14-0926
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JEFFREY MANN v. DENTON COUNTY, ET AL.; from Denton County; 2nd Court of Appeals District (02-13-00217-CV, ___ SW3d ___, 10-09-14)
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14-0933
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IN THE INTEREST OF C.B., A CHILD; from McLennan County; 10th Court of Appeals District (10-14-00164-CV, ___ SW3d ___, 10-02-14)
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THE FOLLOWING PETITION FOR REVIEW IS DISMISSED:
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14-0158
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CITY OF SEGUIN, TEXAS v. LOWER COLORADO RIVER AUTHORITY; from Travis County; 3rd Court of Appeals District (03-13-00165-CV, ___ SW3d ___, 01-15-14)
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motion for dismissal pursuant to settlement granted
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THE FOLLOWING PETITION FOR REVIEW IS DISMISSED FOR WANT OF JURISDICTION:
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14-0760
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BYRON AND BARBARA WILDER v. CITICORP TRUST BANK, F.S.B.; from Travis County; 3rd Court of Appeals District (03-13-00324-CV, ___ SW3d ___, 03-18-14)
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See TEX. GOV’T CODE § 22.225(b)(1).
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ORDERS ON MOTIONS FOR REHEARING
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THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR REVIEW IS DENIED:
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14-0608
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TRACEY H. COOMER v. TAMALA K. ALVAREZ; from Hartley County; 7th Court of Appeals District (07-12-00544-CV, ___ SW3d ___, 03-28-14)
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THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
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14-0663
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IN RE STEPHANIE DEATHERAGE; from Montgomery County; 9th Court of Appeals District (09-14-00164-CV, ___ SW3d ___, 05-15-14)
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MISCELLANEOUS
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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14-0125
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IN RE GEOMETRICA, INC. AND FRANCISCO CASTAÑO; from Harris County; 14th Court of Appeals District (14-13-00897-CV, ___ SW3d ___, 01-23-14)
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relators' motion to strike real party's second supplemental record, dismissed as moot
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14-0252
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IN RE CTL/THOMPSON TEXAS, LLC AND MICHAEL L. LESTER, P.E.; from Tarrant County; 2nd Court of Appeals District (02-13-00364-CV, ___ SW3d ___, 02-06-14)
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2 petitions
relator's motion for temporary relief to abate trial-court proceedings denied
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14-0666
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IN RE BOBBY DEON DAVIS AND YORK LANDSCAPING, LLC; from Tarrant County; 2nd Court of Appeals District (02-14-00212-CV, ___ SW3d ___, 07-17-14)
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14-0871
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IN RE GLENN BLAIR; from Fort Bend County; 1st Court of Appeals District (01-11-00701-CV, ___ SW3d ___, 07-02-13)
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14-0879
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IN RE S. C. MAXWELL FAMILY PARTNERSHIP, LTD.; from Washington County; 1st Court of Appeals District (01-14-00451-CV, ___ SW3d ___, 10-02-14)
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THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED:
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14-0868
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IN RE SARAH BOOTH; from Fort Bend County; 14th Court of Appeals District (14-14-00637-CV, ___ SW3d ___, 10-21-14)
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unopposed motion to dismiss granted
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THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS ABATED:
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14-0957
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IN RE AMERICAN POWER CONVERSION CORPORATION; from Zapata County; 4th Court of Appeals District (04-14-00770-CV)
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joint motion to abate granted
abatement order issued
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[Note: This case is removed from the Court's active docket until February 17, 2015, by which time the parties must file either a status report or a motion to dismiss.]
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THE DECISION OF THE BOARD OF DISCIPLINARY APPEALS IN THE FOLLOWING APPEAL IS AFFIRMED:
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14-0418
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IN THE MATTER OF JOSEPH WM. BAILEY
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