Supreme Court
May 27, 2016
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THE SUPREME COURT OF TEXAS
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Orders Pronounced May 27, 2016
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ORDERS ON CAUSES
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14-0572
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COYOTE LAKE RANCH, LLC v. THE CITY OF LUBBOCK; from Bailey County; 7th Court of Appeals District (07-14-00006-CV, ___ SW3d ___, 07-10-14)
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The Court affirms the court of appeals' judgment.
Chief Justice Hecht delivered the opinion of the Court, in which Justice Green, Justice Johnson, Justice Guzman, Justice Devine and Justice Brown joined. Justice Boyd delivered a concurring opinion, in which Justice Willett and Justice Lehrmann joined. |
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14-0593
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HALEY HEBNER AND DARRIN CHARLES SCOTT, INDIVIDUALLY AND AS NEXT FRIENDS OF R.M.S., A MINOR v. NAGAKRISHNA REDDY, M.D., AND NEW BRAUNFELS OB/GYN, P.A.; from Comal County; 3rd Court of Appeals District (03-12-00675-CV, ___ SW3d ___, 05-02-14)
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The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Brown delivered the opinion of the Court, in which Chief Justice Hecht, Justice Green, Justice Guzman, Justice Lehrmann, and Justice Devine joined. Justice Boyd delivered a concurring opinion, in which Justice Willett joined. Justice Johnson delivered a dissenting opinion. |
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14-0767
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CHRIS LINEGAR v. DLA PIPER LLP (US); from Travis County; 11th Court of Appeals District (11-12-00201-CV, ___ SW3d ___, 07-24-14)
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The Court reverses the court of appeals' judgment and remands the case to that court.
Justice Johnson delivered the opinion of the Court. Justice Guzman did not participate. |
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14-1077
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IN RE CHRISTUS SANTA ROSA HEALTH SYSTEM, D/B/A CHRISTUS SANTA ROSA HOSPITAL—NEW BRAUNFELS; from Comal County; 3rd Court of Appeals District (03-14-00692-CV, ___ SW3d ___, 11-13-14)
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motion for leave to file petition for writ of mandamus dismissed as moot
motion for leave to file sur-reply brief dismissed as moot motion to strike dismissed as moot |
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The Court conditionally grants the writ of mandamus.
Justice Green delivered the opinion of the Court. |
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15-0106
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TOWN OF LAKEWOOD VILLAGE v. HARRY BIZIOS; from Denton County; 2nd Court of Appeals District (02-14-00143-CV, 453 SW3d 598, 12-31-14)
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(Justice Johnson not sitting)
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15-0117
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IN RE LAZY W DISTRICT NO. 1; from Henderson County; 12th Court of Appeals District (12-14-00329-CV, ___ SW3d ___, 02-11-15)
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stay order issued March 11, 2015, lifted
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The Court conditionally grants the writ of mandamus.
Chief Justice Hecht delivered the opinion of the Court. |
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15-0563
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DOCTORS HOSPITAL AT RENAISSANCE, LTD. AND RGV MED, LLC v. JESUS JAIME ANDRADE AND JESSICA ANDRADE; from Hidalgo County; 13th Court of Appeals District (13-15-00046-CV, ___ SW3d ___, 06-18-15)
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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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15-0625
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IN RE H.E.B. GROCERY COMPANY, L.P.; from Cameron County; 13th Court of Appeals District (13-15-00254-CV, ___ SW3d ___, 06-11-15)
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stay order issued September 4, 2015, 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 View Electronic Briefs |
Oral Argument N/A
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15-0631
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IN RE J.B. HUNT TRANSPORT, INC.; from Dallas County; 5th Court of Appeals District (05-15-00808-CV, ___ SW3d ___, 07-29-15)
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stay order issued September 11, 2015, lifted
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The Court conditionally grants the writ of mandamus.
Justice Willett delivered the opinion of the Court. |
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ORDERS ON CASES GRANTED
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THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
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14-0819
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CADENA COMERCIAL USA CORP. D/B/A OXXO v. TEXAS ALCOHOLIC BEVERAGE COMMISSION; from Travis County; 3rd Court of Appeals District (03-13-00262-CV, 449 SW3d 154, 09-05-14)
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[Note: The date and time for oral argument are yet to be determined.]
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(Justice Boyd not sitting)
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14-1038
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LISA KRAMER, F/K/A LISA KASTLEMAN v. BRYAN KASTLEMAN; from Travis County; 3rd Court of Appeals District (03-13-00133-CV, ___ SW3d ___, 07-30-14)
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[Note: The date and time for oral argument are yet to be determined.]
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15-0123
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PEDERNAL ENERGY, LLC v. BRUINGTON ENGINEERING, LLC; from Zapata County; 4th Court of Appeals District (04-13-00558-CV, 456 SW3d 181, 08-27-14)
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as corrected
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[Note: The date and time for oral argument are yet to be determined.]
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15-0142
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RICHARD D. CRAWFORD v. XTO ENERGY, INC.; from Tarrant County; 7th Court of Appeals District (07-14-00062-CV, 455 SW3d 245, 01-07-15)
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[Note: The date and time for oral argument are yet to be determined.]
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15-0158
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BYRDSON SERVICES, LLC D/B/A EXCELLO CONSTRUCION, LLC v. SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION, ET AL.; from Jefferson County; 9th Court of Appeals District (09-14-00198-CV, 454 SW3d 581, 01-22-15)
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[Note: The date and time for oral argument are yet to be determined.]
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15-0414
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IN THE MATTER OF THE GUARDIANSHIP OF MARTHA T. LATTIMORE, AN ALLEGED INCAPACITATED PERSON; from Grayson County; 5th Court of Appeals District (05-14-01302-CV, ___ SW3d ___, 05-20-15)
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motion to dismiss granted
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Pursuant to Texas Rule of Appellate Procedure 56.2, after granting the petition for review and without hearing oral argument or considering the merits, the Court vacates the trial court's order and dismisses the case as moot.
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ORDERS ON PETITIONS FOR REVIEW
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THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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14-0979
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FOREST OIL CORPORATION, NOW KNOWN AS SABINE OIL & GAS CORPORATION v. EL RUCIO LAND AND CATTLE COMPANY, INC., SAN JUANITO LAND PARTNERSHIP, LTD., MCALLEN TRUST PARTNERSHIP AND JAMES ARGYLE MCALLEN; from Harris County; 1st Court of Appeals District (01-13-00040-CV, 446 SW3d 58, 07-24-14)
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(Justice Brown not sitting)
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14-1033
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COMMUNITY HEALTH SYSTEMS PROFESSIONAL SERVICES CORPORATION, ET AL. v. HENRY ANDREW HANSEN, II, M.D.; from Brazos County; 13th Court of Appeals District (13-14-00039-CV, ___ SW3d ___, 11-06-14)
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motion for leave to file sur-reply brief dismissed as moot
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15-0031
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J. C. PENNEY COMPANY, INC., ET AL. v. EVERETT M. OZENNE, DERIVATIVELY ON BEHALF OF J. C. PENNEY COMPANY, INC.; from Dallas County; 5th Court of Appeals District (05-13-01601-CV, 453 SW3d 509, 12-19-14)
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15-0072
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WAL-MART STORES TEXAS, LLC v. KIMBERLY G. SPARKMAN; from Denton County; 2nd Court of Appeals District (02-13-00355-CV, ___ SW3d ___, 12-11-14)
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(Justice Willett not sitting)
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15-0092
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TEXAS MEDICAL BOARD AND SCOTT FRESHOUR, IN HIS OFFICIAL CAPACITY AS GENERAL COUNSEL OF THE TEXAS MEDICAL BOARD v. TELADOC, INC.; from Travis County; 3rd Court of Appeals District (03-13-00211-CV, 453 SW3d 606, 12-31-14)
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15-0133
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WEST STAR TRANSPORTATION, INC. v. CHARLES ROBISON AND CHERIE ROBISON; from Lubbock County; 7th Court of Appeals District (07-13-00109-CV, 457 SW3d 178, 01-23-15)
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15-0188
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ENGELMAN IRRIGATION DISTRICT v. SHIELD BROTHERS, INC.; from Hidalgo County; 13th Court of Appeals District (13-14-00070-CV, ___ SW3d ___, 01-15-15)
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15-0255
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GUADALUPE-BLANCO RIVER AUTHORITY v. TEXAS ATTORNEY GENERAL; ET AL.; from Travis County; 3rd Court of Appeals District (03-14-00393-CV, ___ SW3d ___, 02-26-15)
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15-0261
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NATIONAL LLOYDS INSURANCE COMPANY v. LATOSHA A. LEWIS; from Jefferson County; 9th Court of Appeals District (09-13-00413-CV, ___ SW3d ___, 02-19-15)
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15-0299
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TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS; CHERYL GOMEZ IN HER CAPACITY AS EXECUTIVE DIRECTOR; MICHAEL PUHL, IN HIS CAPACITY AS PRESIDING OFFICER; TEXAS ASSOCIATION FOR MARRIAGE AND FAMILY THERAPY v. TEXAS MEDICAL ASSOCIATION; from Travis County; 3rd Court of Appeals District (03-13-00077-CV, 458 SW3d 552, 11-21-14)
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15-0390
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NATIONSTAR MORTGAGE, LLC v. KEN LANDERS AND CLARLINDA LANDERS; from Henderson County; 12th Court of Appeals District (12-14-00261-CV, ___ SW3d ___, 04-08-15)
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15-0392
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JUAN FRANCISCO MONTALVO, M.D., F.A.C.O.G., ET AL., M.D. v. GABRIELA LOPEZ; from Webb County; 4th Court of Appeals District (04-14-00803-CV, 466 SW3d 290, 04-08-15)
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15-0431
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MARIA HORTENCIA RUIZ v. JUDSON INDEPENDENT SCHOOL DISTRICT AND MICHAEL L. WILLIAMS, COMMISSIONER OF EDUCATION; from Bexar County; 4th Court of Appeals District (04-13-00706-CV, ___ SW3d ___, 03-31-15)
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15-0470
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MCGRAW MINERALS, LTD. v. COUNTY OF JASPER, TEXAS; from Jasper County; 13th Court of Appeals District (13-14-00373-CV, ___ SW3d ___, 05-07-15)
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15-0533
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UNITED PARCEL SERVICE, INC. AND ROLAND LEAL v. ROBERT SCOTT RANKIN, INDIVIDUALLY, RACHELLE RANKIN, INDIVIDUALLY AND AS NEXT FRIEND FOR A.R., A MINOR, AS NEXT FRIEND FOR K.R., A MINOR AND AS NEXT FRIEND FOR S.R., A MINOR; from Bexar County; 4th Court of Appeals District (04-14-00494-CV, 468 SW3d 609, 06-03-15)
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15-0614
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HOUSTON METHODIST HOSPITAL F/K/A THE METHODIST HOSPITAL v. KARA NGUYEN; from Harris County; 14th Court of Appeals District (14-14-01006-CV, 470 SW3d 127, 07-09-15)
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15-0641
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BELL HELICOPTER TEXTRON INC. v. JIMMY AND KAREN LEWIS; from Denton County; 2nd Court of Appeals District (02-14-00065-CV, ___ SW3d ___, 06-04-15)
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15-0711
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BURTON KAHN v. HELVETIA ASSET RECOVERY, INC.; from Bexar County; 4th Court of Appeals District (04-14-00569-CV, 475 SW3d 389, 08-19-15)
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15-0724
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IN THE INTEREST OF C.E.W., A CHILD; from Collin County; 5th Court of Appeals District (05-14-00459-CV, ___ SW3d ___, 08-31-15)
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15-0734
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IN RE A PURPORTED LIEN OR CLAIM AGAINST HELVETIA ASSET RECOVERY, INC.; from Bexar County; 4th Court of Appeals District (04-14-00357-CV, ___ SW3d ___, 07-22-15)
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15-0784
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NINA LOPEZ v. TARRANT COUNTY, TEXAS; from Tarrant County; 2nd Court of Appeals District (02-13-00194-CV, ___ SW3d ___, 08-25-15)
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15-0810
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CITY OF SOCORRO, TEXAS v. ENRIQUE HERNANDEZ AND DAVID MALDONADO; from El Paso County; 8th Court of Appeals District (08-14-00009-CV, ___ SW3d ___, 09-02-15)
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15-0814
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JPMORGAN CHASE BANK, N.A., TRUSTEE OF THE RED CREST TRUST v. LOUIS DORFMAN, ET AL. AND FRANK MORAVITS, ET AL.; from Tarrant County; 2nd Court of Appeals District (02-14-00057-CV, 470 SW3d 153, 07-16-15)
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(Justice Willett and Justice Brown not sitting)
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15-0816
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ORCA/ICI DEVELOPMENT, ORCA PETROLEUM, LTD., ORCA ASSETS, G.P., L.L.C., AND ALLEN BERRY v. LOUIS DORFMAN, ET AL.; from Tarrant County; 2nd Court of Appeals District (02-14-00056-CV, 470 SW3d 153, 07-16-15)
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(Justice Guzman and Justice Brown not sitting)
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15-0832
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PREMIUM ASSETS, INC. v. LYDIA A. GARCIA D/B/A JOE LYNN DAZZLES AND MORE AND LYDIA ANN GARCIA; from Nueces County; 13th Court of Appeals District (13-13-00549-CV, ___ SW3d ___, 08-27-15)
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15-0858
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WILDCAT CRANES, INC. v. JAVIER LOPEZ; from Tarrant County; 2nd Court of Appeals District (02-14-00254-CV, ___ SW3d ___, 07-30-15)
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15-0861
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BEXAR COUNTY HOSPITAL DISTRICT D/B/A UNIVERSITY HEALTH SYSTEM v. PAUL DOUGLAS HARLAN; from Bexar County; 4th Court of Appeals District (04-15-00155-CV, ___ SW3d ___, 08-05-15)
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15-0864
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SIDNEY B. HALE, JR. v. CITY OF BONHAM; from Fannin County; 6th Court of Appeals District (06-15-00021-CV, 477 SW3d 452, 09-23-15)
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15-0893
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KENNETH A. TOTZ, D.O., FACEP v. TELICIA OWENS; from Harris County; 1st Court of Appeals District (01-12-01108-CV, 478 SW3d 172, 10-08-15)
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15-0894
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MOSE A. GUILLORY AND MARY GUILLORY v. SEATON, LLC D/B/A STAFF MANAGEMENT; from Harris County; 1st Court of Appeals District (01-14-00379-CV, 470 SW3d 237, 08-06-15)
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15-0901
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WATER SPLASH, INC. v. TARA MENON; from Galveston County; 14th Court of Appeals District (14-14-00012-CV, 472 SW3d 28, 06-30-15)
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15-0915
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GREGG GIBB v. CONGLOMERATE GAS II, L.P. AND VANCOUVER SKY MANAGEMENT, L.L.C.; from Tarrant County; 2nd Court of Appeals District (02-14-00119-CV, ___ SW3d ___, 10-15-15)
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15-0942
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STEPHENS & JOHNSON OPERATING CO., ET AL. v. CHARLES W. SCHROEDER, ET AL.; from Jim Hogg County; 4th Court of Appeals District (04-14-00167-CV, ___ SW3d ___, 08-12-15)
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15-0972
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COTECHNO GROUP, INC. v. FAKHREALAM ATIQ; from Hays County; 3rd Court of Appeals District (03-13-00762-CV, ___ SW3d ___, 11-04-15)
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15-0980
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JOSEPH PRESSIL v. JASON A. GIBSON, JASON A. GIBSON, P.C. D/B/A THE GIBSON LAW FIRM, CLIFFORD D. PEEL, II, AND ANDREW C. SMITH; from Harris County; 14th Court of Appeals District (14-14-00731-CV, 477 SW3d 402, 09-10-15)
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16-0051
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CITY OF BAYTOWN, TEXAS v. ALAN SCHROCK; from Harris County; 1st Court of Appeals District (01-13-00618-CV, ___ SW3d ___, 12-10-15)
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16-0215
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IN THE INTEREST OF C.G.; from Nueces County; 13th Court of Appeals District (13-14-00544-CV, ___ SW3d ___, 02-04-16)
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16-0221
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DAVID GOAD v. COUNTY OF GUADALUPE; from Guadalupe County; 4th Court of Appeals District (04-14-00497-CV, ___ SW3d ___, 02-03-16)
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16-0272
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SHARLEEN WILSON ALLEN v. BRYON WILSON; from Red River County; 6th Court of Appeals District (06-15-00060-CV, ___ SW3d ___, 03-04-16)
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THE FOLLOWING PETITIONS FOR REVIEW ARE DISMISSED FOR WANT OF JURISDICTION:
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15-0803
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SHIELDS LIMITED PARTNERSHIP v. BOO NATHANIEL BRADBERRY AND 40/40 ENTERPRISES; from Dallas County; 5th Court of Appeals District (05-14-00258-CV, ___ SW3d ___, 06-23-15)
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See TEX. GOV’T CODE § 22.225(b)(1)
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16-0057
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RICARDO VAIZ v. FEDERAL NATIONAL MORTGAGE ASSOCIATION; from Cameron County; 13th Court of Appeals District (13-14-00110-CV, ___ SW3d ___, 11-05-15)
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See TEX. GOV’T CODE § 22.225(b)(1)
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16-0129
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FRED MOSELY v. AMERICAN HOMES 4 RENT PROPERTIES EIGHT, LLC; from Tarrant County; 2nd Court of Appeals District (02-15-00200-CV, ___ SW3d ___, 12-10-15)
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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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14-0409
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TRO-X, L.P. v. EAGLE OIL & GAS CO. AND EAGLE OIL & GAS PARTNERS, LLC; from Midland County; 11th Court of Appeals District (11-11-00290-CV, 427 SW3d 581, 04-24-14)
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15-0487
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IN THE MATTER OF C.Z.S.; from Montgomery County; 9th Court of Appeals District (09-14-00480-CV, ___ SW3d ___, 05-28-15)
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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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MISCELLANEOUS
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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15-0604
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IN RE ROBINSON HELICOPTER COMPANY, INC.; from Harris County; 1st Court of Appeals District (01-15-00594-CV, ___ SW3d ___, 08-04-15)
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stay order issued August 28, 2015, lifted
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15-0640
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IN RE MARK MEHRENS; from Harris County; 1st Court of Appeals District (01-15-00439-CV, ___ SW3d ___, 08-06-15)
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16-0052
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IN RE GARY W. LOWE; from Harrison County; 6th Court of Appeals District (06-08-00103-CV, ___ SW3d ___, 09-24-08)
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16-0083
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IN RE KANETRIA MCSHAN; from Tarrant County; 2nd Court of Appeals District (02-16-00009-CV)
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