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THE SUPREME COURT OF TEXAS
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Orders Pronounced October 20, 2017
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ORDERS ON CAUSES
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15-0944
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THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS v. C.W.H.; from Nacogdoches County; 12th Court of Appeals District (12-15-00062-CV, ___ SW3d ___, 09-16-15)
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The Court affirms the court of appeals' judgment and remands the case to the trial court.
Justice Boyd delivered the opinion of the Court.
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THE FOLLOWING MOTIONS TO PARTICIPATE IN ORAL ARGUMENT ARE GRANTED:
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16-0098
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THE DALLAS MORNING NEWS, INC. AND STEVE BLOW v. JOHN TATUM AND MARY ANN TATUM; from Dallas County; 5th Court of Appeals District (05-14-01017-CV, 493 SW3d 646, 12-30-15)
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petitioners' unopposed motion for leave to share argument time with amicus curiae granted
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Time allotted to argue: 15/20/5 minutes
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16-0851
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IN RE NORTH CYPRESS MEDICAL CENTER OPERATING CO., LTD.; from Harris County; 14th Court of Appeals District (14-16-00671-CV, ___ SW3d ___, 10-20-16)
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unopposed motion to participate in oral argument granted
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ORDERS ON PETITIONS FOR REVIEW
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THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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13-0702
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SCOTT M. BOLICK v. DRESSER-RAND COMPANY; from Harris County; 14th Court of Appeals District (14-12-00192-CV, ___ SW3d ___, 07-18-13)
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16-0355
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JOSLYN M. JOHNSON, INDIVIDUALLY AND AS EXECUTRIX FOR THE ESTATE OF RODNEY JOHNSON, DECEASED v. CITY OF HOUSTON; from Harris County; 14th Court of Appeals District (14-15-00176-CV, ___ SW3d ___, 03-29-16)
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16-0455
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DR. JAMES JONES v. ANGELO STATE UNIVERSITY; from Tom Green County; 3rd Court of Appeals District (03-14-00112-CV, ___ SW3d ___, 06-10-16)
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16-0468
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IN THE MATTER OF J.G.; from Harris County; 1st Court of Appeals District (01-15-01025-CV, 495 SW3d 354, 05-05-16)
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16-0547
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KEN PAXTON, ATTORNEY GENERAL OF TEXAS v. THE CITY OF CARROLLTON, TEXAS; from Travis County; 3rd Court of Appeals District (03-13-00571-CV, 490 SW3d 187, 03-31-16)
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16-0574
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U.T. PHYSICIANS v. SHIRLEY LENOIR, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SHANA LENOIR AND CHRISTOPHER MCKNIGHT, INDIVIDUALLY AND AS NEXT FRIEND OF NAYLA MCKNIGHT; from Harris County; 1st Court of Appeals District (01-14-00767-CV, 491 SW3d 68, 03-29-16)
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(Justice Guzman not sitting)
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16-0993
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MJS AND ASSOCIATES, L.L.C., A TEXAS LIMITED LIABILITY CORPORATION v. JUDY MASTER, RN AND MATTHEW MASTER; from Nacogdoches County; 12th Court of Appeals District (12-15-00219-CV, 501 SW3d 751, 09-07-16)
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16-1036
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ALBERT LUTTERODT v. EMILY LANE OWNERS ASSOCIATION, INC., ENVISION REALTY GROUP, LLC AND JACKSON POTTER; from Dallas County; 5th Court of Appeals District (05-14-01329-CV, ___ SW3d ___, 06-16-16)
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17-0064
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CAROLYN P. AUSTIN v. COFACE SEGURO DE CREDITO MEXICO, S.A. DE C.V., AS ATTORNEY BY ENDORSEMENT FOR BANCO MONEX, S.A., INSTITUCION DE BANCO MULTIPLE, AND MONEX GRUPO FINANCIERO; from Harris County; 1st Court of Appeals District (01-15-00760-CV, 506 SW3d 707, 12-13-16)
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17-0179
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REBA A. BYRD, INDIVIDUALLY AND AS TRUSTEE OF THE REBA BYRD TRUST AND CHARLES SAMPLEY v. ALI MAHROU AND GYPSIE MAHROU; from Blanco County; 3rd Court of Appeals District (03-14-00441-CV, ___ SW3d ___, 07-22-16)
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17-0189
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IN THE MATTER OF L.C., A JUVENILE; from Tarrant County; 2nd Court of Appeals District (02-16-00262-CV, ___ SW3d ___, 01-26-17)
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17-0219
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GARY W. GATES, JR. v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES AND HENRY "HANK" WHITMAN, JR., COMMISSIONER; from Travis County; 3rd Court of Appeals District (03-13-00369-CV, ___ SW3d ___, 12-21-16)
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(Justice Boyd not sitting)
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17-0247
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UTILITY ASSOCIATES, INC. AND V. BRUCE EVANS, A RESIDENT OF THE CITY OF AUSTIN, TEXAS, INDIVIDUALLY v. THE CITY OF AUSTIN, TEXAS AND MARC A. OTT, IN HIS OFFICIAL CAPACITY AS THE CITY MANAGER OF THE CITY OF AUSTIN, TEXAS; from Travis County; 3rd Court of Appeals District (03-16-00565-CV & 03-16-00586-CV, 517 SW3d 300, 03-24-17)
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17-0258
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TRAMONTINA USA, INC. v. FP STORES, INC.; from Fort Bend County; 1st Court of Appeals District (01-16-00031-CV, 513 SW3d 684, 12-29-16)
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17-0352
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ZEIG ELECTRIC, INC. v. VIKING HEALTHCARE, LLC; from Grayson County; 5th Court of Appeals District (05-15-00835-CV, ___ SW3d ___, 10-27-16)
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17-0361
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DON WILBURN COLLINS v. THE STATE OF TEXAS; from Montgomery County; 9th Court of Appeals District (09-15-00089-CR, ___ SW3d ___, 03-29-17)
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17-0403
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MARTINA JACKSON, INDIVIDUALLY AND ON BEHALF OF HER HUSBAND, KEITH JACKSON, DECEASED, AND CARLY ROSE JACKSON AND LARA MARIE JACKSON v. TEXAS DEPARTMENT OF TRANSPORTATION A/K/A TXDOT; from El Paso County; 8th Court of Appeals District (08-15-00045-CV, ___ SW3d ___, 02-15-17)
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17-0439
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GARY RAMSEY AND SANDRA RAMSEY v. CATERPILLAR, INC.; from Henderson County; 12th Court of Appeals District (12-16-00155-CV, ___ SW3d ___, 04-19-17)
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17-0493
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MICHAEL A. MCCANN v. SPENCER PLANTATION INVESTMENTS, LTD.; from Brazoria County; 1st Court of Appeals District (01-16-00098-CV, ___ SW3d ___, 02-28-17)
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motion requesting to file a brief denied
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17-0513
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JAMES E. WADE v. JOHNNY WADE AND AMANDA WADE, INDIVIDUALLY AND AMANDA WADE AS THE INDEPENDENT EXECUTOR OF THE ESTATE OF EDELL WADE; from Burnet County; 3rd Court of Appeals District (03-15-00100-CV, ___ SW3d ___, 01-26-17)
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17-0547
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MARK MILLS v. DAVID CARLOCK, ATTORNEY AT LAW; BLAISE GORMLEY, ATTORNEY AT LAW; JACKIE MILANDER, ATTORNEY AT LAW; AND D/B/A CARLOCK-GORMLEY-HIGHT; from Dallas County; 5th Court of Appeals District (05-16-01027-CV, ___ SW3d ___, 04-26-17)
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17-0562
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PERMIAN POWER TONG, INC. v. DIAMONDBACK E&P, LLC; from Midland County; 12th Court of Appeals District (12-16-00092-CV, ___ SW3d ___, 05-31-17)
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17-0566
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REGENIA BECHEM v. RELIANT ENERGY RETAIL SERVICES, L.L.C. AND COMERICA BANK; from Harris County; 1st Court of Appeals District (01-16-00189-CV, ___ SW3d ___, 03-14-17)
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17-0617
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LYNETTE JARZOMBEK AND CLEMENT JARZOMBEK v. RONALD CRAIG RAMSEY, JR.; from Karnes County; 4th Court of Appeals District (04-16-00571-CV, ___ SW3d ___, 06-14-17)
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17-0619
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PATRICE BARNES v. PRAIRIE VIEW A&M UNIVERSITY; from Waller County; 14th Court of Appeals District (14-15-01094-CV, ___ SW3d ___, 06-15-17)
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17-0651
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IN THE MATTER OF T.S., A JUVENILE; from Tarrant County; 2nd Court of Appeals District (02-17-00021-CV, ___ SW3d ___, 07-20-17)
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17-0681
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JUSTIN V. HAYNES v. ALICIA BRYAN HAYNES; from Bexar County; 4th Court of Appeals District (04-15-00107-CV, ___ SW3d ___, 05-31-17)
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17-0684
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IN THE INTEREST OF S.M.G., A CHILD; from Harris County; 1st Court of Appeals District (01-17-00056-CV, ___ SW3d ___, 06-29-17)
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17-0810
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IN THE INTEREST OF M.V. AND N.V., MINOR CHILDREN; from Bee County; 13th Court of Appeals District (13-17-00287-CV, ___ SW3d ___, 08-31-17)
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THE MOTION FOR STAY IN THE FOLLOWING PETITION FOR REVIEW IS DENIED:
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17-0525
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STOP THE ORDINANCES PLEASE, ET AL. v. CITY OF NEW BRAUNFELS, TEXAS; from Comal County; 3rd Court of Appeals District (03-14-00198-CV, 520 SW3d 208, 05-18-17)
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petitioners' emergency motion for relief denied
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[Note: The petition for review remains pending before this Court.]
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THE FOLLOWING PETITION FOR REVIEW IS ABATED:
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17-0655
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WAYMON SCOTT HARTWELL AND HHH FARMS, LLC v. LONE STAR, PCA; from Fannin County; 6th Court of Appeals District (06-17-00030-CV, ___ SW3d ___, 06-21-17)
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abatement order issued
[Note: Effective August 20, 2017, the case is abated pursuant to TEX. R. APP. P. 8.2 until further order of this Court and is removed from the Court's active docket, subject to reinstatement upon proper motion. TEX. R. APP. P. 8.3. All motions and other documents pending or filed are abated subject to being reurged in the event the case is reinstated. TEX. R. APP. P. 8.2, 8.3. It is the parties' responsibility to immediately notify this Court once the automatic bankruptcy stay is lifted.]
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ORDERS ON MOTIONS FOR REHEARING
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THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR REVIEW IS GRANTED:
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16-0381
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AD VILLARAI, LLC v. CHAN PAK; from Dallas County; 5th Court of Appeals District (05-15-00079-CV, ___ SW3d ___, 04-06-16)
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denial of petition for review on May 12, 2017, withdrawn
petition reinstated
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[Note: The petition for review remains pending before this Court.]
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THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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16-0034
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EAST TEXAS MEDICAL CENTER D/B/A EAST TEXAS MEDICAL CENTER EMERGENCY MEDICAL SERVICES v. JODY DELAUNE, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF CRYSTAL DELAUNE, DECEASED; AND AS NEXT FRIEND OF D.D., D.D., AND D.A.D., MINORS; from Smith County; 12th Court of Appeals District (12-15-00014-CV, ___ SW3d ___, 11-30-15)
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16-0453
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NUECES COUNTY, TEXAS AND NUECES COUNTY APPRAISAL DISTRICT v. SAN PATRICIO COUNTY, TEXAS; from Nueces County; 13th Court of Appeals District (13-14-00293-CV, 492 SW3d 476, 05-12-16)
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(Justice Guzman not sitting)
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16-0689
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ONCOR ELECTRIC DELIVERY COMPANY LLC v. EL HALCON INVESTMENTS LLC; from Brown County; 11th Court of Appeals District (11-14-00164-CV, ___ SW3d ___, 07-29-16)
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16-0865
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CITY OF SAN ANTONIO, ACTING BY AND THROUGH CITY PUBLIC SERVICE BOARD (CPS ENERGY) v. TOMMY HARRAL CONSTRUCTION, INC.; from Bexar County; 4th Court of Appeals District (04-16-00223-CV, 502 SW3d 286, 08-24-16)
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16-0888
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HENRY AND SONS CONSTRUCTION COMPANY, INC. v. PABLO CAMPOS; from Nueces County; 13th Court of Appeals District (13-16-00204-CV, 510 SW3d 689, 10-06-16)
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motion to stay litigation proceedings and discovery dismissed
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16-0930
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AJAZ R. SIDDIQUI AND NAJEEB SIDDIQUI v. FARHAN S. QURESHI AND SYED KHALID ALI; from Harris County; 14th Court of Appeals District (14-14-00384-CV, 504 SW3d 349, 07-26-16)
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17-0152
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CYNTHIA ALLEN v. NOEUI LAU LALONDE; from Collin County; 5th Court of Appeals District (05-15-00193-CV, ___ SW3d ___, 02-14-17)
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17-0204
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AZLE MANOR, INC. v. PATTY PATTERSON AND PAMELA BEAVERS, INDIVIDUALLY AND AS REPRESENTATIVES OF THE ESTATE OF MARY ANN DAVIS, DECEASED; from Tarrant County; 2nd Court of Appeals District (02-15-00111-CV, ___ SW3d ___, 12-22-16)
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17-0222
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DAVID GILLESPIE AND MICHAEL O'BRIEN v. A.L. HERNDEN AND FREDERICK R. ZLOTUCHA; from Bexar County; 4th Court of Appeals District (04-15-00405-CV, 516 SW3d 541, 12-14-16)
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17-0229
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MATTHEW JAMES LEACHMAN v. WILLIAM STEPHENS AND KARRI L. HANSFORD; from Wichita County; 2nd Court of Appeals District (02-13-00357-CV, ___ SW3d ___, 11-10-16)
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17-0276
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TRANSPORT WORKERS UNION OF AMERICA, AFL-CIO v. DONALD VIDETICH; from Dallas County; 5th Court of Appeals District (05-15-01449-CV, ___ SW3d ___, 12-29-16)
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17-0367
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JERRY C. JOHNSON AND JACOB JOHNSON v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND STATE FARM FIRE AND CASUALTY COMPANY; from Travis County; 3rd Court of Appeals District (03-16-00086-CV, 520 SW3d 92, 04-06-17)
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17-0494
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ANNETTE BURRUS v. DAVID REYES AND SONIA VALENZUELA; from El Paso County; 8th Court of Appeals District (08-14-00265-CV, 516 SW3d 170, 03-08-17)
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THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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16-1038
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IN RE DUNG CHI NGUYEN, M.D., DUNG CHI NGUYEN, M.D., P.A. AND NEUROLOGY CONSULTANTS; from Tarrant County; 2nd Court of Appeals District (02-16-00451-CV, ___ SW3d ___, 12-02-16)
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17-0227
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IN RE CREMONA BISTRO CORP.; from Dallas County; 5th Court of Appeals District (05-16-00967-CV, ___ SW3d ___, 02-27-17)
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MISCELLANEOUS
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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16-0877
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IN RE MCCLELLAND & HINE, INC.; from Hidalgo County; 13th Court of Appeals District (13-16-00527-CV, ___ SW3d ___, 10-06-16)
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17-0154
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IN RE RZQ, L.L.C.; from Hidalgo County; 13th Court of Appeals District (13-14-00490-CV, ___ SW3d ___, 10-16-14)
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motion to stay underlying proceedings denied
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17-0500
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IN RE SAFECO INSURANCE COMPANY OF AMERICA; from Victoria County; 13th Court of Appeals District (13-17-00264-CV, ___ SW3d ___, 06-06-17)
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17-0703
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IN RE VISTA HILLS FAMILY DENTAL, LLC; from El Paso County; 8th Court of Appeals District (08-17-00138-CV, ___ SW3d ___, 08-11-17)
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17-0746
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IN RE NORMA HEREDIA; from Hidalgo County; 13th Court of Appeals District (13-16-00129-CV, ___ SW3d ___, 07-27-17)
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17-0748
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IN RE CAROL POOL; from Parker County; 7th Court of Appeals District (07-15-00124-CV, ___ SW3d ___, 10-21-15)
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17-0784
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IN RE DARLA JALANE EDDINS; from Dallas County; 5th Court of Appeals District (05-17-00868-CV, ___ SW3d ___, 08-24-17)
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relator's motion for emergency stay denied
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THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED AS MOOT:
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17-0699
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IN RE SCOTTY AND TAMMY SPAKE; from Nacogdoches County; 12th Court of Appeals District (12-15-00062-CV, ___ SW3d ___, 09-16-15)
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relators' motion for emergency relief dismissed as moot
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A STAY IS ISSUED IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS:
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17-0853
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IN RE HELENA CHEMICAL COMPANY; from Mitchell County; 11th Court of Appeals District (11-17-00177-CV, ___ SW3d ___, 09-21-17)
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emergency motion for stay granted
response requested due by October 30, 2017
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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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17-0390
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IN THE MATTER OF IKECHUKWU NWEZE STATE BAR CARD NO. 00792725
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