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THE SUPREME COURT OF TEXAS
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Orders Pronounced March 19, 2021
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ORDERS ON CAUSES
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18-0781
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ELECTRIC RELIABILITY COUNCIL OF TEXAS, INC. v. PANDA POWER GENERATION INFRASTRUCTURE FUND, LLC, D/B/A PANDA POWER FUNDS, ET AL.; from Grayson County; 5th Court of Appeals District (05-17-00872-CV, 552 SW3d 297, 04-16-18)
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~ consolidated for oral argument with ~
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18-0792
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IN RE PANDA POWER INFRASTRUCTURE FUND, LLC, D/B/A PANDA POWER FUNDS, ET AL.; from Grayson County; 5th Court of Appeals District (05-17-00872-CV, 552 SW3d 297, 04-16-18)
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The Court dismisses both the petition for writ of mandamus and the petition for review for want of jurisdiction.
Justice Boyd delivered the opinion of the Court, in which Justice Blacklock, Justice Busby, Justice Bland, and Justice Huddle joined.
Justice Blacklock delivered a concurring opinion.
Chief Justice Hecht delivered a dissenting opinion, in which Justice Guzman, Justice Lehrmann, and Justice Devine joined.
Justice Guzman delivered a dissenting opinion, in which Justice Lehrmann and Justice Devine joined.
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18-0983
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EAGLE OIL & GAS CO. v. TRO-X, L.P.; from Dallas County; 5th Court of Appeals District (05-17-00052-CV, 608 SW3d 1, 08-31-18)
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The Court affirms the court of appeals' judgment and remands the case to the trial court.
Justice Lehrmann delivered the opinion of the Court.
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19-0280
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LOUIS HINOJOS v. STATE FARM LLOYDS AND RAUL PULIDO; from El Paso County; 8th Court of Appeals District (08-16-00121-CV, 569 SW3d 304, 01-18-19)
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The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Bland delivered the opinion of the Court, in which Chief Justice Hecht, Justice Lehrmann, Justice Boyd, Justice Devine, Justice Busby, and Justice Huddle joined.
Justice Guzman delivered a dissenting opinion.
Justice Blacklock delivered a dissenting opinion, in which Justice Guzman joined.
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19-0791
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IN RE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND TERECINA SHAHAN; from Dallas County; 5th Court of Appeals District (05-19-00919-CV, 606 SW3d 781, 08-22-19)
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stay order issued November 26, 2019, lifted
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~ consolidated for oral argument with ~
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19-0792
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IN RE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND TODD JOSEPH DAUPER; from Dallas County; 5th Court of Appeals District (05-19-00920-CV, ___ SW3d ___, 08-22-19)
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stay order issued November 26, 2019, lifted
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The Court conditionally grants the writs of mandamus.
Justice Blacklock delivered the opinion of the Court.
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20-0404
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IN RE THE TEXAS EDUCATION AGENCY; MIKE MORATH, COMMISSIONER OF EDUCATION IN HIS OFFICIAL CAPACITY; AND DORIS DELANEY, IN HER OFFICIAL CAPACITY; from Travis County; 3rd Court of Appeals District (03-20-00025-CV, 609 SW3d 569, 04-24-20)
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The Court denies the petition for writ of mandamus.
Justice Guzman delivered the opinion of the Court, in which Justice Lehrmann, Justice Boyd, Justice Devine, Justice Blacklock, Justice Busby, Justice Bland, and Justice Huddle joined.
Chief Justice Hecht delivered a dissenting opinion.
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THE FOLLOWING MOTION TO PARTICIPATE IN ORAL ARGUMENT IS GRANTED:
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20-0979
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AMAZON.COM, INCORPORATED v. MORGAN MCMILLAN, INDIVIDUALLY AND AS NEXT OF FRIEND OF E.G., A MINOR
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motion of amicus curiae to participate in oral argument granted
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Time allotted to argue: 15/20/5 minutes
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(Justice Blacklock not participating)
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ORDERS ON CASES GRANTED
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THE FOLLOWING CERTIFIED QUESTION FROM THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT IS ACCEPTED:
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21-0232
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BITCO GENERAL INSURANCE CORPORATION, FORMERLY KNOWN AS BITUMINOUS CASUALTY CORPORATION v. MONROE GUARANTY INSURANCE COMPANY, A MEMBER OF THE FCCI INSURANCE GROUP (U.S. 5th Circuit 19-51012)
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[Note: The date and time for oral argument are 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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20-0798
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NANCY ALANIS v. WELLS FARGO BANK NA, AS TRUSTEE; from Bexar County; 4th Court of Appeals District (04-19-00461-CV, 616 SW3d 1, 06-17-20)
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20-0916
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MIRIAM LATOUCHE; KERWYN LATOUCHE; CHANEL LATOUCHE; KERWYN LATOUCHE, JR. v. PERRY HOMES, LLC; from Fort Bend County; 14th Court of Appeals District (14-19-00133-CV, 606 SW3d 878, 07-14-20)
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20-0971
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LAURIE B. GRADY v. NATIONSTAR MORTGAGE LLC, AND U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-BC5; from Tarrant County; 2nd Court of Appeals District (02-19-00006-CV, ___ SW3d ___, 09-03-20)
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21-0095
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GREGORY WILLIAMS v. PATRICK SMITH AND NINTH DISTRICT OF OMEGA PSI PHI FRATERNITY, INC.; from Collin County; 5th Court of Appeals District (05-19-01251-CV, ___ SW3d ___, 12-14-20)
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21-0136
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ROBERTA PORCH, INDIVIDUALLY AND AS SURVIVING SPOUSE AND HEIR TO THE ESTATE OF REGINALD PORCH v. DAIMLER TRUCKS NORTH AMERICA, LLC, D/B/A FREIGHTLINER TRUCK; from Travis County; 3rd Court of Appeals District (03-20-00445-CV, ___ SW3d ___, 12-03-20)
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21-0139
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IN THE INTEREST OF L.P. AND R.P., CHILDREN; from Denton County; 2nd Court of Appeals District (02-20-00292-CV, ___ SW3d ___, 01-14-21)
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counsel's motion to withdraw granted
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21-0147
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LILLIAN SMITH v. CRAIG HOPPER, AS GUARDIANSHIP OF THE ESTATE OF MARGARET VIRGINIA LANDGREBE; from Gonzales County; 13th Court of Appeals District (13-20-00476-CV, ___ SW3d ___, 12-10-20)
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THE FOLLOWING PETITION FOR REVIEW IS ABATED:
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20-0959
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TENANT LANDLORD CONNECTION PROPERTIES LLC (D/B/A AND A/K/A HAZELWOOD APARTMENTS), AND BARBARA CLARK v. MR. DOE AND MRS. DOE, INDIVIDUALLY AND AS NEXT FRIEND OF JANE DOE; from Dallas County; 5th Court of Appeals District (05-19-00672-CV, ___ SW3d ___, 10-28-20)
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unopposed motion to abate granted
abatement order issued
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[Note: This case is removed from the Court's active docket until May 3, 2021, 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 MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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20-0814
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IN THE INTEREST OF K.B.D.; from Jasper County; 9th Court of Appeals District (09-18-00277-CV, ___ SW3d ___, 07-30-20)
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20-0907
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SHILOH TREATMENT CENTER, INC., SHILOH II, LLC, BEHAVIORAL TRAINING RESEARCH, INC. AND CLAY DEAN HILL v. DESTIN EDWARD WARD; from Brazoria County; 1st Court of Appeals District (01-19-00969-CV, 608 SW3d 337, 08-04-20)
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MISCELLANEOUS
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THE FOLLOWING DIRECT APPEAL IS DISMISSED:
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21-0006
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EX PARTE SAN JACINTO RIVER AUTHORITY; from Travis County
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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21-0087
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IN RE SHAMIM MEMON & DISCOVERY MM SERVICES, INC.; from Fort Bend County; 13th Court of Appeals District (13-20-00477-CV, ___ SW3d ___, 11-13-20)
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motions to supplement granted
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21-0182
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IN RE VANESSA ARP; from Gregg County; 12th Court of Appeals District (12-20-00251-CV, ___ SW3d ___, 01-13-21)
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DISMISSED:
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21-0123
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IN RE ASHLEE HALEAKALA COSTANZO; from Bexar County; 4th Court of Appeals District (04-20-00451-CV, 616 SW3d 48, 12-16-20)
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unopposed motion to dismiss granted
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21-0145
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IN RE L SERIES, L.L.C.; CKDH, L.L.C.; VUE, L.L.C.; AND CKDH INVESTMENTS, L.L.C.; from Tarrant County; 2nd Court of Appeals District (02-21-00016-CV, ___ SW3d ___, 02-03-21)
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unopposed motion to dismiss granted
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A STAY IS ISSUED IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS:
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21-0207
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IN RE UNION PACIFIC RAILROAD COMPANY; from Tarrant County; 2nd Court of Appeals District (02-20-00400-CV, ___ SW3d ___, 02-24-21)
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motion to stay granted
motion to order transfer of documents in camera granted
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[Note: The petition for writ of mandamus remains pending before this Court.]
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