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THE SUPREME COURT OF TEXAS
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Orders Pronounced December 10, 2021
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ORDERS ON CASES GRANTED
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THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
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20-0174
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INDUSTRIAL SPECIALISTS, LLC v. BLANCHARD REFINING COMPANY LLC AND MARATHON PETROLEUM COMPANY LP; from Galveston County; 1st Court of Appeals District (01-19-00514-CV, ___ SW3d ___, 09-05-19)
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[Note: This case has been set for oral argument at 9:00 a.m., February 1, 2022.]
Time allotted to argue: 20/20 minutes
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(Justice Lehrmann not participating)
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20-0700
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CITY OF FORT WORTH, TEXAS v. ABDUL PRIDGEN, ET AL.; from Dallas County; 5th Court of Appeals District (05-19-00652-CV, ___ SW3d ___, 06-18-20)
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[Note: This case has been set for oral argument at 9:00 a.m., February 1, 2022.]
Time allotted to argue: 20/20 minutes
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20-0727
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TERISA TAYLOR AND PATHWAY FORENSICS, LLC v. CARL TOLBERT, NIZZERA KIMBALL AND VIVIAN ROBBINS; from Harris County; 14th Court of Appeals District (14-18-00001-CV, 629 SW3d 318, 04-07-20)
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[Note: This case has been set for oral argument at 9:00 a.m., February 1, 2022.]
Time allotted to argue: 20/20 minutes
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20-0857
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JBRICE HOLDINGS LLC AND 231 W. TRIOAKS LANE, AN INDIVIDUAL SERIES OF JBRICE HOLDINGS, L.L.C v. WILCREST WALK TOWNHOMES ASSOCIATION, INC.; from Harris County; 14th Court of Appeals District (14-17-00790-CV, ___ SW3d ___, 08-18-20)
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[Note: This case has been set for oral argument at 9:00 a.m., February 2, 2022.]
Time allotted to argue: 20/20 minutes
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20-0898
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ROSETTA RESOURCES OPERATING, LP v. KEVIN MARTIN, JAMIE MARTIN, AND ASHLEY LUSK; from Live Oak County; 13th Court of Appeals District (13-19-00431-CV, ___ SW3d ___, 10-01-20)
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[Note: This case has been set for oral argument at 9:00 a.m., February 2, 2022.]
Time allotted to argue: 20/20 minutes
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(Justice Huddle and Justice Young not participating)
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21-0036
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THOMAS BRANDON PERTHUIS v. BAYLOR MIRACA GENETICS LABORATORIES, LLC; from Harris County; 1st Court of Appeals District (01-19-00095-CV, ___ SW3d ___, 12-03-20)
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[Note: This case has been set for oral argument at 9:00 a.m., February 2, 2022.]
Time allotted to argue: 20/20 minutes
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21-0080
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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, PETITIONERS v. HEALTH CARE SERVICE CORPORATION, RESPONDENT; from Travis County; 3rd Court of Appeals District (03-19-00864-CV, ___ SW3d ___,12-11-20)
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[Note: This case has been set for oral argument at 9:00 a.m., February 3, 2022.]
Time allotted to argue: 20/20 minutes
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21-0238
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PEDIATRICS COOL CARE, JOSE J. SALGUERO, M.D., PA, JOSE J. SALGUERO, M.D., AND JENELLE ROBINSON, P.A.-C., v. GINGER THOMPSON, INDIVIDUALLY AND AS THE REPRESENTATIVE OF THE ESTATE OF A.W.(DECEASED), AND BRAD WASHINGTON; from Ellis County; 14th Court of Appeals District (14-19-00031-CV, ___ SW3d ___, 01-29-21)
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[Note: This case has been set for oral argument at 9:00 a.m., February 3, 2022.]
Time allotted to argue: 20/20 minutes
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21-0326
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EDWARD JAMES MITSCHKE, JR., INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF CODY MITSCHKE, DECEASED v. MARIDA FAVIA DEL CORE BORROMEO; AND BLACKJACK RANCH L.L.E, LLC; from Lee County; 7th Court of Appeals District (07-20-00283-CV, ___ SW3d ___, 02-03-21)
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~ consolidated for oral argument with~
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21-0331
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EDWARD JAMES MITSCHKE, JR., INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF CODY MITSCHKE, DECEASED v. BRISTEN BEHRENS, DARRELL BEHRENS, JUSTIN BEHRENS, AND TIMOTHY LEE TIMMERMAN; from Lee County; 7th Court of Appeals District (07-20-00282-CV, ___ SW3d ___, 02-03-21)
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[Note: These cases have been set for oral argument at 9:00 a.m., February 3, 2022.]
Time allotted to argue: 20/20 minutes
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21-0358
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JAMES ROBERT JONES AND ALLEN WATSON v. SYLVESTER TURNER, IN HIS OFFICIAL CAPACITY AS MAYOR OF THE CITY OF HOUSTON, ET AL.; from Harris County; 14th Court of Appeals District (14-19-00989-CV, 617 SW3d 894, 12-03-20)
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[Note: This case has been set for oral argument at 9:00 a.m., February 22, 2022.]
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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20-0482
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STEPHEN GRAVES v. GAIL GILLETTE; from Bexar County; 4th Court of Appeals District (04-18-00771-CV, ___ SW3d ___, 03-04-20)
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(Justice Young not participating)
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21-0004
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TEXAS WINDSTORM INSURANCE ASSOCIATION, BRUSH COUNTRY CLAIMS, LTD., AND DAVID GUTIERREZ v. DAVID JAMES AND SUE JAMES; from Jefferson County; 13th Court of Appeals District (13-17-00401-CV, ___ SW3d ___, 08-20-20)
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(Justice Young not participating)
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21-0218
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PROGRESSIVE COUNTY MUTUAL INSURANCE COMPANY v. JOHN G. MCCORMACK; from Bexar County; 4th Court of Appeals District (04-21-00001-CV, ___ SW3d ___, 01-20-21)
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21-0321
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D. ALAN MEEKER AND CQUENTIA NGS, LLC v. KENNETH WOODS AND PARAGON PRINCIPAL, LLC; from Tarrant County; 2nd Court of Appeals District (02-21-00034-CV, ___ SW3d ___, 02-26-21)
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respondents' motion to dismiss, dismissed
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(Justice Young not participating)
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21-0368
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JEAN SLACK LOCKHART, IN HER CAPACITIES AS TRUSTEE OF THE LOCKHART FAMILY BYPASS TRUST AND AS INDEPENDENT EXECUTOR OF THE ESTATE OF WARREN L. LOCKHART v. CHISOS MINERALS, LLC ET AL.; from Howard County; 8th Court of Appeals District (08-19-00153-CV, 621 SW3d 89, 03-24-21)
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21-0397
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WILLIAM RAY LONG v. TEPHNEY TRAWEEK, INDIVIDUALLY AND AS NEXT FRIEND OF B.A., A MINOR; from Hood County; 2nd Court of Appeals District (02-20-00311-CV, ___ SW3d ___, 02-25-21)
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21-0411
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IN THE INTEREST OF M.K.J., A MINOR CHILD; from Brazos County; 13th Court of Appeals District (13-20-00033-CV, ___ SW3d ___, 04-29-21)
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(Justice Young not participating)
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21-0414
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JOHN A. SAZY v. J.R. BIRDWELL CONSTRUCTION AND RESTORATION, LLC; from Dallas County; 5th Court of Appeals District (05-19-01351-CV, ___ SW3d ___, 04-01-21)
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21-0428
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ROB JENNINGS, III AND EL VELENO, LTD. v. SUSAN JENNINGS, TRES MUJERES, LTD., AND PAMELA J. PERSON; from Zapata County; 4th Court of Appeals District (04-19-00485-CV, 625 SW3d 854, 02-03-21)
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(Justice Young not participating)
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21-0473
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HOLCIM (US) INC. AND HOLCIM TEXAS LP v. ELLIS COUNTY APPRAISAL DISTRICT; from Ellis County; 10th Court of Appeals District (10-18-00167-CV, ___ SW3d ___, 04-21-21)
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21-0482
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KIRK WAYNE MCBRIDE v. PAMELA THEILKE, MICHAEL ARELLANO, TEXAS BOARD OF PARDONS AND PAROLES, DAVID GUTIERREZ, AND RACHEL ALDERETE; from Travis County; 3rd Court of Appeals District (03-20-00073-CV, ___ SW3d ___, 04-30-21)
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21-0493
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PECHUA, INC. v. CITIBANK N.A. AS TRUSTEE FOR NRZ PASS-THROUGH TRUST VI AND NEWREZ LLC F/K/A NEW PENN FINANCIAL LLP D/B/A SHELLPOINT MORTGAGE SERVICING; from Harris County; 14th Court of Appeals District (14-19-00337-CV, 624 SW3d 633, 04-27-21)
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21-0537
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MICHELLE HERCZEG v. CITY OF DALLAS, TEXAS; from Dallas County; 5th Court of Appeals District (05-19-01023-CV, ___ SW3d ___, 03-29-21)
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21-0562
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IN THE ESTATE OF JULIA LOPEZ, DECEASED; from McLennan County; 10th Court of Appeals District (10-18-00278-CV, ___ SW3d ___, 05-21-21)
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(Justice Young not participating)
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21-0599
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JKO ENTERPRISES, LLC v. FIVE CORNERS IMPROVEMENT DISTRICT; from Harris County; 14th Court of Appeals District (14-20-00116-CV, ___ SW3d ___, 05-04-21)
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(Justice Young not participating)
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21-0619
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TEXAS PHARMOMEDICAL EXPORTS, INC. v. MICHELLE T. WANG, INDIVIDUALLY AND D/B/A WANG & COMPANY CPA'S AND WANG G.P. INC.; from Harris County; 14th Court of Appeals District (14-19-00888-CV, ___ SW3d ___, 06-08-21)
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(Justice Young not participating)
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21-0630
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TED B. LYON III v. BUILDING GALVESTON, INC.; from Galveston County; 1st Court of Appeals District (01-19-00571-CV, ___ SW3d ___, 12-17-20)
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(Justice Bland and Justice Young not participating)
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21-0633
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METROPOLITAN TRANSIT AUTHORITY v. ALBERTO MENDOZA; from Harris County; 14th Court of Appeals District (14-19-01011-CV, ___ SW3d ___, 06-17-21)
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21-0646
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ADRIAN BAKER AND CHARLES BAKER ON BEHALF OF THE JAMES BAKER ESTATE v. LIMESTONE COUNTY, TEXAS, GEORGE GARDNER, JAVIER CANDANOZA, AND MARIA CANDANOZA; from Limestone County; 10th Court of Appeals District (10-19-00219-CV, ___ SW3d ___, 02-03-21)
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21-0705
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IN THE INTEREST OF C.A. AND C.A., CHILDREN; from Gregg County; 6th Court of Appeals District (06-21-00056-CV, ___ SW3d ___, 07-23-21)
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21-0706
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IN THE ESTATE OF EDNA MAE LEONARDS, DECEASED; from Chambers County; 1st Court of Appeals District (01-20-00221-CV, ___ SW3d ___, 07-06-21)
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21-0707
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IN THE ESTATE OF F.J. LEONARDS, DECEASED; from Chambers County; 1st Court of Appeals District (01-20-00222-CV, ___ SW3d ___, 07-06-21)
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21-0718
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CONNIE RAY PALMER, TDCJ #1583752 v. SHAVONDA D. HOWARD, ET AL.; from Walker County; 6th Court of Appeals District (06-20-00094-CV, ___ SW3d ___, 07-20-21)
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21-0726
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GARY LYNN FOMBY v. MANORCARE-SHARPVIEW OF HOUSTON TEXAS, LLC AND SHARPVIEW SNF MANAGEMENT, LLC; from Harris County; 1st Court of Appeals District (01-19-00618-CV, ___ SW3d ___, 06-15-21)
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21-0756
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GRABLE GRIMSHAW MORA, PLLC AND BRANDON J. GRABLE v. CHRISTOPHER J. WEBER, LLC; from Bexar County; 4th Court of Appeals District (04-21-00064-CV, ___ SW3d ___, 07-21-21)
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(Justice Young not participating)
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21-0771
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IN THE INTEREST OF E. S., A CHILD; from Henderson County; 12th Court of Appeals District (12-20-00282-CV, ___ SW3d ___, 06-17-21)
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(Justice Young not participating)
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21-0781
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DAVID DREW, JR. v. ARLETTE DOMINGUEZ GALLEGOS BELVER; from Bexar County; 4th Court of Appeals District (04-20-00483-CV, ___ SW3d ___, 08-11-21)
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(Justice Young not participating)
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21-0794
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JAMES THOMAS GREEN v. HARRIS COUNTY INSTITUTE OF FORENSIC SCIENCES; LUIS A. SANCHEZ, M.D.; HARRIS COUNTY DISTRICT ATTORNEYS OFFICE; KIM OGG AND OTHERS; from Harris County; 1st Court of Appeals District (01-20-00357-CV, ___ SW3d ___, 07-27-21)
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21-0840
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IN THE INTEREST OF I.G., A CHILD; from Tarrant County; 2nd Court of Appeals District (02-21-00119-CV, ___ SW3d ___, 08-12-21)
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motion for leave to withdraw as counsel granted
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(Justice Young not participating)
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21-0862
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FRY SONS RANCH, INC. AND JAMES ANDY FRY v. JOSEPH NATHAN FRY, PRESS ALLEN FRY, AND EDWARD HEATH FRY; from Burnet County; 3rd Court of Appeals District (03-21-00289-CV, ___ SW3d ___, 08-20-21)
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21-0864
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EAST TEXAS SUPPORT SERVICES, INC. v. JUNE BROWN, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF JAMES BROWN, DECEASED; from Rusk County; 12th Court of Appeals District (12-21-00025-CV, ___ SW3d ___, 08-18-21)
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21-0875
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ANTONIO RUIZ, MARTHA RUIZ, AND ALL OCCUPANTS OF 11207 BAYOU PLACE LANE, HOUSTON, TEXAS, 77099 v. INVUM THREE, LLC; from Harris County; 14th Court of Appeals District (14-19-00516-CV, ___ SW3d ___, 07-13-21)
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21-0945
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IN THE INTEREST OF E.C.R. AND K.F., CHILDREN; from Hutchinson County; 7th Court of Appeals District (07-21-00099-CV, ___ SW3d ___, 09-17-21)
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21-1024
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C.L.J. v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Travis County; 3rd Court of Appeals District (03-21-00306-CV, ___ SW3d ___, 10-21-21)
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counsel's motion to withdraw as counsel granted
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THE FOLLOWING PETITION FOR REVIEW IS ABATED:
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21-0337
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EYM DINER L.P. D/B/A DENNY'S AND AIR CONDITIONING CONTROL SERVICE COMPANY v. KHALED YOUSEF; from Dallas County; 5th Court of Appeals District (05-19-00636-CV, ___ SW3d ___, 11-24-20)
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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 8, 2022, by which time the parties must file either a status report or a motion to dismiss.]
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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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21-0412
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DONNA FORDYCE v. JORDAN LEIGH HATCHEL; from Grayson County; 5th Court of Appeals District (05-20-00635-CV, ___ SW3d ___, 11-24-20)
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MISCELLANEOUS
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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21-0320
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IN RE HENRY J. LIMITED PARTNERSHIP; from Gillespie County; 4th Court of Appeals District (04-21-00078-CV, ___ SW3d ___, 03-24-21)
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relator's motion for temporary relief dismissed
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(Justice Young not participating)
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21-0636
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IN RE WILLIAM VAN HASELEN III; from El Paso County; 8th Court of Appeals District (08-20-00070-CV, ___ SW3d ___, 06-30-21)
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21-0737
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IN RE SPRING BRANCH APARTMENT MANAGEMENT, LLC; from Harris County; 14th Court of Appeals District (14-21-00291-CV, ___ SW3d ___, 07-20-21)
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stay order issued October 19, 2021, lifted
relator's motion for expedited consideration dismissed as moot
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(Justice Young not participating)
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21-0948
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IN RE REGINA NACHAEL HOWELL FOSTER; from Tarrant County; 2nd Court of Appeals District (02-21-00116-CV, ___ SW3d ___, 07-01-21)
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real party in interest's motion to dismiss and request for sanctions dismissed as moot
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21-1009
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IN RE TEXAS DEPARTMENT OF STATE HEALTH SERVICES, AND DR. JOHN HELLERSTEDT, IN HIS OFFICIAL CAPACITY AS COMMISSIONER OF DSHS; from Travis County; 3rd Court of Appeals District (03-21-00571-CV, ___ SW3d ___, 11-18-21)
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relators' emergency motion for temporary relief dismissed as moot
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