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THE SUPREME COURT OF TEXAS
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Orders Pronounced January 8, 2016
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ORDERS ON CAUSES
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13-0961
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OCCIDENTAL CHEMICAL CORPORATION v. JASON JENKINS; from Harris County; 1st Court of Appeals District (01-09-01140-CV, 415 SW3d 14, 07-02-13)
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The Court reverses the court of appeals' judgment and renders judgment. Justice Devine delivered the opinion of the Court.
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13-0977
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RAY FISCHER AND CORPORATE TAX MANAGEMENT, INC. v. CTMI, L.L.C., MARK BOOZER, AND JERROD RAYMOND; from Dallas County; 5th Court of Appeals District (05-11-00970-CV, ___ SW3d ___, 08-20-13)
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The Court reverses the court of appeals' judgment and renders judgment. Justice Boyd delivered the opinion of the Court.
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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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The Court reverses the court of appeals' judgment and renders judgment. Justice Willett delivered the opinion of the Court, in which Chief Justice Hecht, Justice Green, Justice Guzman, Justice Lehrmann, Justice Boyd, Justice Devine, and Justice Brown joined, and in Parts I, II.B, III.C, and IV of which Justice Johnson joined.
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14-1015
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ISABEL SLOAN v. LAW OFFICE OF OSCAR C. GONZALEZ, INC. AND OSCAR C. GONZALEZ; from Bexar County; 4th Court of Appeals District (04-13-00239-CV, 447 SW3d 98, 08-29-14)
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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 that court. Per Curiam Opinion
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14-1041
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EUGENE BLAIR, III v. ATLANTIC INDUSTRIAL, INC., A/K/A ATLANTIC SCAFFOLDING CO., AND FAUSTINO MURILLO; from El Paso County; 8th Court of Appeals District (08-12-00093-CV, 457 SW3d 511, 08-28-14)
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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 that court. Per Curiam Opinion
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ORDERS ON PETITIONS FOR REVIEW
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THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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15-0667
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MIKOB PROPERTIES, INC., ALLAN KLEIN, AND MITCHELL KOBERNICK v. DAVID JOACHIM AND INTERNATIONAL REALTY CONCEPTS, INC.; from Dallas County; 5th Court of Appeals District (05-13-01613-CV, 468 SW3d 587, 05-19-15)
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15-0722
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ADOLFO VELA v. JOSE CAMPOS AND CATLIN SPECIALTY INS. CO.; from Cameron County; 13th Court of Appeals District (13-13-00475-CV, ___ SW3d ___, 04-16-15)
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15-0760
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JAMIE HARVEL & THE AUSTIN POLICE ASSOCIATION v. TEXAS DEPARTMENT OF INSURANCE AND COMMISSIONER ROD BORDELON, IN HIS OFFICIAL CAPACITY; from Travis County; 13th Court of Appeals District (13-14-00095-CV, ___ SW3d ___, 06-11-15)
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15-0801
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ERIC KNIPP AND LAURA KNIPP, INDIVIDUALLY AND AS NEXT FRIEND OF THE MINOR, J.H.K. v. JERRY A. POWELL., M.D.; from Dallas County; 5th Court of Appeals District (05-14-00781-CV, ___ SW3d ___, 08-06-15)
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15-0812
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FRANCIS W.S. CHAN v. J. SHELBY SHARPE, HENRY CHANG, KAREN CHANG & THE LAW OFFICES OF J. SHELBY SHARPE, A PROFESSIONAL CORPORATION; from Tarrant County; 2nd Court of Appeals District (02-14-00286-CV, ___ SW3d ___, 08-26-15)
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15-0826
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LIONELL BREAUX AND L.J. BREAUX, L.L.C. v. WEST TEXAS PETERBILT (LUBBOCK) INC. D/B/A TEXAS PETERBILT (ODESSA); from Ector County; 11th Court of Appeals District (11-13-00190-CV, ___ SW3d ___, 08-13-15)
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15-0828
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H. ROBERT ROSE AND GAYNELL ROSE v. NICHOLAS AND DORIS BONVINO; from Collin County; 5th Court of Appeals District (05-14-00702-CV, ___ SW3d ___, 08-11-15)
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15-0830
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MICHAEL ANDERSON v. THOMAS SNODDY; from Upshur County; 6th Court of Appeals District (06-14-00096-CV, ___ SW3d ___, 09-25-15)
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15-0841
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MIKE E. DEUBLER v. THE BANK OF NEW YORK MELLON AS SUCCESSOR TRUSTEE UNDER NOVASTAR MORTGAGE FUNDING TRUST 2005-1, AND SAXON MORTGAGE SERVICES, INC.; from Tarrant County; 7th Court of Appeals District (07-13-00221-CV, ___ SW3d ___, 06-15-15)
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15-0855
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THE CITY OF GEORGETOWN, TEXAS, ET AL. v. STEPHANIE HOSKINS BROWN; from Williamson County; 3rd Court of Appeals District (03-14-00231-CV, ___ SW3d ___, 09-22-15)
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15-0869
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HARVELLA JONES v. MARC D. MARKEL, CLAYTON R. HEARN, AMY M. VANHOOSE, DAWN S. HOLIDAY, CLINTON FAVER BROWN, AND ROBERTS MARKEL WEINBERG BUTLER HAILEY, PC AKA ROBERTS MARKEL WEINBERG PC AKA ROBERTS MARKEL PC; from Fort Bend County; 14th Court of Appeals District (14-14-00216-CV, ___ SW3d ___, 06-23-15)
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15-0885
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IN RE COMMITMENT OF KENNETH WAYNE TERRY; from Montgomery County; 9th Court of Appeals District (09-15-00053-CV, ___ SW3d ___, 09-10-15)
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15-0887
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IN RE COMMITMENT OF BRUCE LUNA; from Montgomery County; 9th Court of Appeals District (09-14-00444-CV, ___ SW3d ___. 10-15-15)
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15-0890
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IN THE INTEREST OF J.F.B., ET AL., CHILDREN; from Wilson County; 4th Court of Appeals District (04-15-00234-CV, ___ SW3d ___, 11-19-15)
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15-0900
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A.H. v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Kaufman County; 5th Court of Appeals District (05-15-00501-CV, ___ SW3d ___, 10-08-15)
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THE FOLLOWING PETITION FOR REVIEW IS STRUCK PURSUANT TO TEXAS RULE OF APPELLATE PROCEDURE 9.4(i):
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15-0936
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IN THE INTEREST OF L.D.L.H. AND C.A.L., CHILDREN; from Bexar County; 4th Court of Appeals District (04-15-00146-CV, ___ SW3d ___, 10-28-15)
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The Court strikes the petition for review with the following notation: "The petition violates Texas Rules of Appellate Procedure 5, 9.4(h), (j)-(k), and Misc. Docket No. 11-9152 - Electronic-Filing Rule 4(a) and is struck. Petitioner is ordered to redraw; the petition is due to be filed by January 19, 2016."
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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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14-0763
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THE HEIRS OF ANDRES GARCIA, FRANCESCA MENCHACA, AND CAROLINA ALLEN SAENZ v. ATLEE M. PARR, RANCH ENTERPRISES LLC, LOS ORCONES RANCH LTD. AND LOS ORCONES RANCH MANAGEMENT LLC; from Duval County; 4th Court of Appeals District (04-12-00767-CV, ___ SW3d ___, 08-13-14)
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15-0016
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JIMMY GLEN RIEMER, ET AL. v. THE STATE OF TEXAS, ET AL.; from Hutchinson County; 7th Court of Appeals District (07-10-00037-CV, 452 SW3d 491, 11-26-14)
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15-0043
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WUXI TAIHU TRACTOR COMPANY, LTD. v. THE YORK GROUP, INC.; from Harris County; 1st Court of Appeals District (01-13-00016-CV, ___ SW3d ___, 12-02-14)
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15-0131
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FOREX CAPITAL MARKETS, LLC v. KELLY M. CRAWFORD, RECEIVER; from Collin County; 5th Court of Appeals District (05-14-00341-CV, ___ SW3d ___, 12-31-14)
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15-0224
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WILLIAM CULLEN CHAMPION v. MARILYN ESTLOW; from Travis County; 3rd Court of Appeals District (03-14-00016-CV, 456 SW3d 363, 02-04-15)
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15-0389
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KRISTA LYNNE GARDNER, INDEPENDENT EXECUTRIX OF THE ESTATE OF LARRY RAY TINER v. PENNY HEDDIN TINER; from Wood County; 6th Court of Appeals District (06-14-00062-CV, ___ SW3d ___, 03-17-15)
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15-0543
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WEIZHONG ZHENG v. VACATION NETWORK, INC. AND LINH C. DINH JOINTLY AND SEVERALLY; from Harris County; 14th Court of Appeals District (14-13-01136-CV, 468 SW3d 180, 05-28-15)
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15-0617
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GREG PERKINS AND JESSICA PERKINS v. D&J REAL ESTATE SERVICES, INC. D/B/A RE/MAX PREMIER GROUP AND STELLA BITNER; from Collin County; 5th Court of Appeals District (05-13-01670-CV, ___ SW3d ___, 06-04-15)
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15-0659
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WAHID YAMMINE, INDIVIDUALLY AND D/B/A YAM YAM TRADING v. HDH FINANCIAL, LLC; from Tarrant County; 7th Court of Appeals District (07-14-00169-CV, ___ SW3d ___, 06-12-15)
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15-0715
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IN THE INTEREST OF A.T., AT., X.T., M.T., AND F.T., CHILDREN; from Bexar County; 4th Court of Appeals District (04-15-00121-CV, ___ SW3d ___, 08-05-15)
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15-0765
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LEE ANN CHOLOPISA v. ROY WILLIAM CHOLOPISA; from Limestone County; 13th Court of Appeals District (13-14-00042-CV, ___ SW3d ___, 06-04-15)
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THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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15-0128
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IN RE FOREX CAPITAL MARKETS, LLC.; from Collin County; 5th Court of Appeals District (05-14-00341-CV, ___ SW3d ___, 12-31-14)
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15-0665
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IN RE B.U.; from Denton County; 2nd Court of Appeals District (02-15-00246-CV, ___ SW3d ___, 07-31-15)
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THE MOTION FOR REHEARING IN THE FOLLOWING PETITION FOR REVIEW IS STRUCK:
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15-0129
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BALTASAR D. CRUZ v. JAMES VAN SICKLE, KARL-THOMAS MUSSELMAN D/B/A BURNT ORANGE REPORT AND KATHERINE HAENSCHEN; from Dallas County; 5th Court of Appeals District (05-13-00191-CV, 452 SW3d 503, 12-03-14)
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emergency motion for leave to file motion for rehearing in excess of word count limit, denied
The Court strikes the motion for rehearing with the following notations: "The motion violates Texas Rules of Appellate Procedure 9.4(i)(2)(D) and is struck. Petitioner is ordered to redraw; the redrawn rehearing is due to be filed by January 19, 2016."
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MISCELLANEOUS
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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15-0771
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IN RE TED LAWRENCE ROBERTSON; from Harris County; 14th Court of Appeals District (14-15-00603-CV, ___ SW3d ___, 07-21-15)
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relator's motion for court to rule on mandamus, dismissed as moot
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15-0846
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IN RE TRACEY MURPHY; from Bee County; 13th Court of Appeals District (13-13-00480-CV, ___ SW3d ___, 07-30-15)
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15-0850
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IN RE EDWARD R. NEWSOME; from Harris County; 14th Court of Appeals District (14-14-00119-CV, ___ SW3d ___, 02-13-14)
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15-0866
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IN RE EDWARD R. NEWSOME; from Harris County; 1st Court of Appeals District (01-14-00012-CV, ___ SW3d ___, 02-11-14)
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15-0941
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IN RE KEVIN ALAIMO; from Denton County; 2nd Court of Appeals District (02-15-00321-CV, ___ SW3d ___, 11-12-15)
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relator's emergency motion to stay denied
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STAY ORDERS ARE ISSUED IN THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS:
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15-0903
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IN RE STATE FARM LLOYDS; from Hidalgo County; 13th Court of Appeals District (13-14-00616-CV, ___ SW3d ___, 10-28-15)
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relator's motion for stay granted
stay order issued
response requested due by January 25, 2016
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[Note: The petition for writ of mandamus remains pending before this Court.]
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15-0905
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IN RE STATE FARM LLOYDS; from Hidalgo County; 13th Court of Appeals District (13-14-00651-CV, ___ SW3d ___, 10-28-15)
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relator's motion for stay granted, as amended
stay order issued
response requested due by January 25, 2016
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[Note: The petition for writ of mandamus remains pending before this Court.]
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15-1007
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IN RE RED DOT BUILDING SYSTEM, INC.; from Hidalgo County; 13th Court of Appeals District (13-15-00608-CV, ___ SW3d ___, 12-29-15)
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real party in interest's emergency motion to 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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