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THE SUPREME COURT OF TEXAS
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Orders Pronounced May 1, 2015
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ORDERS ON CAUSES
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13-0439
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LEZLEA ROSS v. ST. LUKE’S EPISCOPAL HOSPITAL; from Harris County; 14th Court of Appeals District (14-12-00885-CV, ___ SW3d ___, 03-19-13)
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(Justice Brown not sitting)
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THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:
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12-0905
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ENVIRONMENTAL PROCESSING SYSTEMS, L.C. v. FPL FARMING LTD.; from Liberty County; 9th Court of Appeals District (09-08-00083-CV, 383 SW3d 274, 09-13-12)
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12-0920
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CHARLES G. HOOKS, III, ET AL. v. SAMSON LONE STAR, LIMITED PARTNERSHIP, N/K/A SAMSON LONE STAR LLC; from Jefferson County; 1st Court of Appeals District (01-09-00328-CV, 389 SW3d 409, 05-31-12)
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13-0484
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AMERICAN STAR ENERGY AND MINERALS CORPORATION v. RICHARD “DICK” STOWERS, RICHARD W. STOWERS, FRANK K. STOWERS AND LINDA SUE JASURDA; from Hutchinson County; 7th Court of Appeals District (07-11-00199-CV, 405 SW3d 905, 05-14-13)
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ORDERS ON CASES GRANTED
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THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
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14-0006
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KINGSAIRE, INC. D/B/A KINGS AIRE, INC. v. JORGE MELENDEZ; from El Paso County; 8th Court of Appeals District (08-11-00372-CV, 416 SW3d 898, 11-22-13)
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[Note: The date and time for oral argument is yet to be determined.]
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14-0574
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J&D TOWING, LLC v. AMERICAN ALTERNATIVE INSURANCE CORPORATION; from Walker County; 10th Court of Appeals District (10-13-00275-CV, 446 SW3d 41, 06-26-14)
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[Note: The date and time for oral argument is yet to be determined.]
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ORDERS ON PETITIONS FOR REVIEW
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THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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13-1023
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EDWARDS AQUIFER AUTHORITY AND ROLAND RUIZ, IN HIS OFFICIAL CAPACITY AS GENERAL MANAGER OF THE EDWARDS AQUIFER AUTHORITY v. GLENN AND JOLYNN BRAGG; from Medina County; 4th Court of Appeals District (04-11-00018-CV, 421 SW3d 118, 11-13-13)
2 petitions
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14-0153
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ANCOR HOLDINGS, LP, TIMOTHY MCKIBBEN, JOSEPH RANDALL KEENE AND ANCOR CAPITAL PARTNERS, INC. v. PETERSON, GOLDMAN & VILLANI, INC.; from Tarrant County; 8th Court of Appeals District (08-12-00135-CV, 420 SW3d 281, 12-19-13)
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14-0174
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WEATHERFORD TEXAS HOSPITAL COMPANY, L.L.C. D/B/A WEATHERFORD REGIONAL MEDICAL CENTER v. KATHERINE SMART; from Parker County; 2nd Court of Appeals District (02-13-00063-CV, 423 SW3d 462, 01-23-14)
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14-0237
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THE ROGERS SHAVANO RANCH, LTD, ROGERS 1604 COMMERCIAL, LTD., BITTERBLUE, INC., AND DENTON DEVELOPMENT CORPORATION v. THE CITY OF SAN ANTONIO; from Bexar County; 4th Court of Appeals District (04-13-00623-CV, ___ SW3d ___, 02-19-14)
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14-0307
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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. TITAN TRANSPORTATION, LP; from Travis County; 3rd Court of Appeals District (03-13-00034-CV, ___ SW3d ___, 03-14-14)
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14-0336
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ERIC WARD v. BROOKE WARD; from Williamson County; 4th Court of Appeals District (04-12-00703-CV, ___ SW3d ___, 02-05-14)
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14-0414
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THE GUARANTEE COMPANY OF NORTH AMERICA USA v. WEAVER & TIDWELL, L.L.P.; from Dallas County; 5th Court of Appeals District (05-12-00750-CV, 427 SW3d 559, 04-08-14)
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14-0435
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DANIEL P. BARTON, THE BARTON LAW FIRM, AND THE JOHNSON-BARTON JOINT VENTURE v. FLEMING & ASSOCIATES, L.L.P. N/K/A FLEMING, NOLEN & JEZ, L.L.P.; from Harris County; 14th Court of Appeals District (14-12-00582-CV, 425 SW3d 560, 02-27-14)
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(Justice Brown not sitting)
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14-0441
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NATIVIDAD A. SOTO v. HENRY GILBERT AYALA AND CHESAPEAKE EXPLORATION, L.L.C.; from La Salle County; 4th Court of Appeals District (04-12-00860-CV, ___ SW3d ___, 04-23-14)
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14-0443
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GATOR APPLE, LLC v. APPLE TEXAS RESTAURANTS, INC.; from Dallas County; 5th Court of Appeals District (05-12-01369-CV, ___ SW3d ___, 03-05-14)
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14-0509
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CARLOTTA HOWARD v. TEXAS DEPARTMENT OF FAMILY & PROTECTIVE SERVICES; from Dallas County; 5th Court of Appeals District (05-13-00817-CV, 429 SW3d 782, 04-15-14)
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14-0525
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COLUMBIA MEDICAL CENTER OF DENTON SUBSIDIARY, L.P. D/B/A DENTON REGIONAL MEDICAL CENTER AND COLUMBIA NORTH TEXAS SUBSIDIARY G.P., L.L.C. v. WANDA BRAUDRICK; from Denton County; 2nd Court of Appeals District (02-13-00399-CV, ___ SW3d ___, 05-22-14)
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14-0649
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TEXAS HEALTH RESOURCES AND TEXAS HEALTH PRESBYTERIAN HOSPITAL DALLAS D/B/A PRESBYTERIAN HOSPITAL OF DALLAS v. MICHELLE KRUSE; from Dallas County; 5th Court of Appeals District (05-13-01754-CV, ___ SW3d ___, 07-11-14)
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stay order issued March 6, 2015, lifted
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14-0690
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MARK LESHER AND RHONDA LESHER v. SHANNON COYEL, GERALD COYEL, AND VAL VARLEY; from Collin County; 5th Court of Appeals District (05-12-01357-CV, ___ SW3d ___, 06-16-14)
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14-0709
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EDNA EARNEST TAYLOR, ELIZABETH EARNEST HERBST, AND U.S. ENERCORP, LTD. v. PNP PETROLEUM I, L.P.; PNP MANAGEMENT, INC.; PHILIP ZACCARIA; AND CIBOLO ENERGY OPERATING, INC.; from Frio County; 4th Court of Appeals District (04-13-00445-CV, 438 SW3d 723, 05-21-14)
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14-0727
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ALLIED PROPERTY AND CASUALTY INSURANCE COMPANY v. VIEWPOINT BANK; from Collin County; 5th Court of Appeals District (05-12-01370-CV, 439 SW3d 626, 08-07-14)
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motion to modify or vacate judgment denied
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14-0729
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RIO GRANDE REGIONAL HOSPITAL v. LIBRADA GALVIZ SALINAS; from Hidalgo County; 13th Court of Appeals District (13-13-00557-CV, ___SW3d___, 07-31-14)
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14-0784
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JESUS MENDOZA v. SYLVIA MENDOZA; from Hidalgo County; 13th Court of Appeals District (13-14-00420-CV, ___ SW3d ___, 10-30-14)
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14-0891
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DR. MALLADI REDDY v. DIANNA VEEDELL AND MAURY VEEDELL; from Harris County; 1st Court of Appeals District (01-14-00309-CV, ___ SW3d ___, 09-18-14)
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14-0899
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CHRISTINA GASTON v. HUNT COUNTY COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT; from Travis County; 3rd Court of Appeals District (03-13-00189-CV, 451 SW3d 410, 09-19-14)
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14-0911
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DIVERSICARE LEASING CORP. D/B/A AFTON OAKS NURSING CARE CENTER A/K/A AFTON OAKS NURSING AND REHAB CENTER AND DIVERSICARE AFTON OAKS, LLC v. IRIS GONZALEZ; from Harris County; 1st Court of Appeals District (01-13-00108-CV, ___ SW3d ___, 09-23-14)
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14-0912
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FANNIN COUNTY COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT v. GLENDA SPOON; from Fannin County; 6th Court of Appeals District (06-13-00103-CV, ___ SW3d ___, 07-16-14)
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14-0916
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PERKINS & WILL, INC., TOM REISENBICHLER AND DAVID COLLINS; ENVIROBUSINESS, INC. v. TIC N. CENTRAL DALLAS 3, LLC, ET AL.; from Dallas County; 5th Court of Appeals District (05-13-01021-CV, ___ SW3d ____, 09-24-14)
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14-0922
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NORTHEAST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 v. FRANK THORNTON AND SHELLY THORNTON; from Harris County; 14th Court of Appeals District (14-13-00890-CV, 447 SW3d 23, 07-24-14)
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14-0943
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WOLFGANG HIRCZY v. CITIBANK, N.A.; from Harris County; 1st Court of Appeals District (01-13-00986-CV, ___ SW3d ___, 08-26-14)
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(Justice Willett not sitting)
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14-0948
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IN THE MATTER OF GUARDIANSHIP OF JOSIAH ONYEBUCHI, AN INCAPACITATED PERSON; from Tarrant County; 2nd Court of Appeals District (02-13-00401-CV, ___ SW3d ___, 09-11-14)
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14-0950
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JONATHAN AND SAMANTHA LEVINE v. STEVE SCHARN CUSTOM HOMES, INC.; from Fort Bend County; 1st Court of Appeals District (01-12-00229-CV, 448 SW3d 637, 10-02-14)
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14-0958
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HELEN BUTTS TIPPS & SUE ETHEL MCEACHERN v. CHINN EXPLORATION CO. & CHEROKEE ROYALTY SYNDICATE, HOWARD P. COGHLAN, RECEIVER; from Gregg County; 6th Court of Appeals District (06-13-00033-CV, ___ SW3d ___, 09-05-14)
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14-0961
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MONTE HASIE AND HASIE FINANCIAL GROUP v. COMPASS BANK D/B/A BBVA COMPASS, F/K/A STATE NATIONAL BANK OF WEST TEXAS F/K/A FIRST STATE BANK AND BBVA USA BANCSHARES, INC., F/K/A STATE NATIONAL BANCSHARES, INC.; from Lubbock County; 7th Court of Appeals District (07-12-00521-CV, ___ SW3d ___, 10-21-14)
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(Justice Johnson not sitting)
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14-1023
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ALLEN GLENN THOMAS v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE OFFICER MARCUS A. ADAMS, ET AL.; from Jones County; 11th Court of Appeals District (11-12-00312-CV, ___ SW3d ___, 10-09-14)
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14-1035
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PALISADES COLLECTION, LLC v. SANTANDER CONSUMER USA, INC.; from Dallas County; 5th Court of Appeals District (05-13-01459-CV, 447 SW3d 902, 10-30-14)
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respondent's unopposed motion to exceed word limit, dismissed as moot
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14-1043
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GAIA ENVIRONMENTAL, INC. AND AXL INDUSTRIES, L.L.C. v. JAMES B. GALBRAITH AND MCLEOD, ALEXANDER, POWEL & APFFEL, P.C.; from Harris County; 14th Court of Appeals District (14-13-00571-CV, 451 SW3d 398, 09-09-14)
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14-1067
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DENNIS OLIVARES v. STATE FARM BANK & RAUSCH, STURM, ET AL.; from Bexar County; 4th Court of Appeals District (04-14-00143-CV, ___ SW3d ___, 11-05-14)
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15-0001
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WEATHERFORD ARTIFICIAL LIFT SYSTEMS, INC. v. MATADOR PRODUCTION CO.; from Harrison County; 6th Court of Appeals District (06-14-00015-CV, 450 SW3d 580, 11-18-14)
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15-0007
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RICKEY WAYNE TOLBERT v. GEORGE A. OTSTOTT; from Kaufman County; 5th Court of Appeals District (05-14-01317-CV, ___ SW3d ___, 12-01-14)
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15-0013
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C.B. v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Pecos County; 8th Court of Appeals District (08-14-00224-CV, ___ SW3d ___, 12-09-14)
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15-0027
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CRESSON SWD SERVICES, L.P. AND DJ PULLING, P.C. v. BASIC ENERGY SERVICES, L.P.; from Parker County; 2nd Court of Appeals District (02-13-00141-CV, ___ SW3d ___, 11-26-14)
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15-0033
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JEFFERSON COUNTY, TEXAS v. APRIL SWAIN; from Jefferson County; 9th Court of Appeals District (09-14-00443-CV, 452 SW3d 881, 12-11-14)
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petitioner's motion to supplement record, dismissed as moot
petitioner's motion to strike, dismissed as moot
petitioner's motion to review third order as part of petition, dismissed as moot
petitioner's motion to consider petition for review as petition for writ of mandamus, dismissed as moot
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15-0038
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REDBUD 116 LAND TRUST v. THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE FOR THE HOLDERS OF THE MLMI SURF TRUST, MORTGAGE LOAN-ASSET BACKED CERTIFICATES, SERIES 2005-BC; from Kaufman County; 5th Court of Appeals District (05-13-01149-CV, 452 SW3d 868, 12-05-14)
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15-0053
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ALEJANDRO HERNANDEZ AND EDITH ROMAN v. ENRIQUE GALLARDO; from El Paso County; 8th Court of Appeals District (08-12-00178-CV, ___ SW3d ___, 10-29-14)
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15-0054
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IN RE COMMITMENT OF THOMAS LEE ROBERTS; from Montgomery County; 1st Court of Appeals District (01-13-00918-CV, ___ SW3d ___, 09-25-14)
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15-0063
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STEVEN HERBERT, M.D. v. AMERIPATH, INC. AND DFW 5.01(A) CORPORATION; from Collin County; 5th Court of Appeals District (05-12-00321-CV, 447 SW3d 319, 08-05-14)
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15-0067
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THE STATE OF TEXAS v. JAE KIM, FANNIN FOOD MART, INC., AND THE REAL PROPERTY KNOWN AS 2111 FANNIN STREET; from Harris County; 1st Court of Appeals District (01-13-01083-CV, 451 SW3d 557, 12-09-14)
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15-0077
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DENNIS C. DAVIS v. FAYETTE COUNTY APPRAISAL DISTRICT; from Fayette County; 3rd Court of Appeals District (03-12-00786-CV, ___ SW3d ___ , 07-18-14)
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15-0088
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LAKECROFT, LTD., ET AL. v. RANDAL H. ADAMS, ET AL.; from Comal County; 3rd Court of Appeals District (03-14-00428-CV, ___ SW3d ___, 12-18-14)
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15-0096
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JAMES AND PATRICIA BARRENTINE v. SAFECO LLOYDS INSURANCE COMPANY; from Dallas County; 5th Court of Appeals District (05-13-01011-CV, ___ SW3d ___ , 12-17-14)
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15-0115
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ISAIKA JACKSON v. SAIA MOTOR FREIGHT LINE, LLC.; from Harris County; 14th Court of Appeals District (14-13-00968-CV, ___ SW3d ___, 12-30-14)
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15-0127
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MIKE LEACH v. CRAIG JAMES, ESPN, INC. AND SPAETH COMMUNICATIONS, INC.; from Lubbock County; 7th Court of Appeals District (07-13-00334-CV, ____ SW3d ___, 11-21-14)
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15-0154
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IN RE COMMITMENT OF TERRY WAYNE COYLE; from Montgomery County; 9th Court of Appeals District (09-13-00492-CV, ___ SW3d ___, 01-22-15)
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15-0165
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IN THE ESTATE OF MARIA F. HERNANDEZ, DECEASED; from Bexar County; 4th Court of Appeals District (04-14-00046-CV, ___ SW3d ___, 12-31-14)
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15-0206
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BOSHENG WEN v. STEWART LIN; from Harris County; 1st Court of Appeals District (01-13-00962-CV, ___ SW3d ___, 12-23-14)
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THE FOLLOWING PETITION FOR REVIEW IS DISMISSED FOR WANT OF JURISDICTION:
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15-0164
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ASTIN REDEVELOPMENT GROUP, LLC v. CITGO PETROLEUM CORPORATION; from Brazos County; 10th Court of Appeals District (10-14-00023-CV, ___ SW3d ___, 12-18-14)
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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 MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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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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14-0377
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CITY OF BROWNSVILLE, TEXAS v. MARCO LONGORIA AND THE BROWNSVILLE FIRE FIGHTERS' ASSOCIATION; from Cameron County; 13th Court of Appeals District (13-12-00224-CV, ___ SW3d ___, 04-03-14)
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14-0511
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MICHAEL M. EULER v. MILES MARKS AND TEXAS DOW EMPLOYEES FEDERAL CREDIT UNION; from Montgomery County; 1st Court of Appeals District (01-13-00085-CV, ___SW3d___, 02-25-14)
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14-0543
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MAMOON N. ALAHMAD v. ISMAIL "SAM" ABUKHDAIR; from Tarrant County; 2nd Court of Appeals District (02-12-00084-CV, ___ SW3d ___, 06-05-14)
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14-0855
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IN THE INTEREST OF A.J.P., A CHILD; from Bexar County; 4th Court of Appeals District (04-14-00175-CV, ___ SW3d ___, 07-23-14)
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14-0865
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IN THE ESTATE OF AMINTA PEREZ-MUZZA; from Webb County; 4th Court of Appeals District (04-13-00791-CV, 446 SW3d 415, 07-16-14)
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14-0867
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OLGA MURRY v. BANK OF AMERICA, N. A.; from Tarrant County; 2nd Court of Appeals District (02-13-00303-CV, ___ SW3d ___, 08-07-14)
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14-1003
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YUNDLANDER JONES v. CLAUDE JONES; from Tarrant County; 2nd Court of Appeals District (02-13-00133-CV, ___ SW3d ___, 08-21-14)
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MISCELLANEOUS
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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13-0513
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IN RE TEXAS ALCOHOLIC BEVERAGE COMMISSION AND SHERRY COOK, IN HER OFFICIAL CAPACITY AS TABC ADMINISTRATOR; from Travis County; 3rd Court of Appeals District (03-13-00435-CV, ___ SW3d ___, 07-03-13)
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14-0715
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IN RE MIGUEL ZARAGOZA FUENTES; from Harris County; 1st Court of Appeals District (01-14-00624-CV, ___ SW3d ___, 08-28-14)
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relator's motion to strike sur-reply granted
relator's motion to strike real party in interest's exhibits dismissed as moot
real party in interest's motion for sanctions denied
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14-0761
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IN RE EAGLE FORD LAND PARTNERS, L.P.; from Johnson County; 10th Court of Appeals District (10-14-00162-CV)
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stay order issued January 30, 2015, lifted
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14-0765
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IN RE MILESTONE LIFE SETTLEMENT FUND, LLC, MILEFUND, LLC, MILESTONE INVESTMENTS USA, LLC, RONALD NEWMAN, AND JEFFREY S. HOLLINGSWORTH; from Johnson County; 10th Court of Appeals District (10-14-00248-CV, ___ SW3d ___, 09-18-14)
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14-0953
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IN RE KEITH NICKERSON II; from Dallas County; 5th Court of Appeals District (05-13-01692-CV, ___ SW3d ___, 12-16-13)
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14-0954
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IN RE AMERJIN ENERGY, LLC AND XI ZHU; from Harris County; 1st Court of Appeals District (01-14-00688-CV, ___ SW3d ___, 09-04-14)
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14-0990
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IN RE RAFAEL ORTEGA; ET AL.; from Harris County; 14th Court of Appeals District (14-14-00732-CV, ___ SW3d ___, 10-09-14)
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15-0166
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IN RE SAIDA MORENO; from Harris County; 14th Court of Appeals District (14-14-00929-CV, ___ SW3d ___, 01-15-15)
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15-0194
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IN RE SOUTHWOOD PLACE RECREATION ASSOCIATION INC. AND KEYSHA BOOKER; from Harris County; 1st Court of Appeals District (01-15-00198-CV, ___ SW3d ___, 03-10-15)
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DISMISSED:
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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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stay order issued November 21, 2014, lifted
extended abatement order issued February 27, 2015, lifted
petition reinstated
agreed motion to dismiss granted
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15-0318
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IN RE WIMBERLEY SPRINGS PARTNERS, LTD.; from Hays County; 3rd Court of Appeals District (03-15-00190-CV, ___ SW3d ___, 04-15-15)
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agreed motion to dismiss granted
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A STAY IS ISSUED IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS:
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14-0999
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IN RE CHRISTOPHER W. MARTIN; from Harris County; 14th Court of Appeals District (14-14-00486-CV, 448 SW3d 616, 09-30-14)
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relator's emergency motion for stay granted
stay order issued
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[Note: The petition for writ of mandamus remains pending before this Court.]
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THE DECISION OF THE BOARD OF DISCIPLINARY APPEALS IN THE FOLLOWING APPEAL IS AFFIRMED:
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14-0923
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IN THE MATTER OF CLAUDE ROBERT GRAHAM, STATE BAR OF TEXAS CARD NO. 24064208
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