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THE SUPREME COURT OF TEXAS
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Orders Pronounced December 16, 2022
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ORDERS ON CAUSES
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THE MOTION FOR REHEARING OF THE FOLLOWING CAUSE IS DENIED:
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22-0078
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IN RE MARIAM AYAD; from Collin County; 5th Court of Appeals District (05-21-00216-CV, ___ SW3d ___, 01-05-22)
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stay order issued November 4, 2022, lifted
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The Court's opinion issued September 23, 2022 is corrected.
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ORDERS ON CASES GRANTED
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THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
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21-0769
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ANGELA HORTON AND KEVIN HOUSER v. THE KANSAS CITY SOUTHERN RAILWAY COMPANY; from Dallas County; 5th Court of Appeals District (05-19-00856-CV, ___ SW3d ___, 03-11-21)
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[Note: This case has been set for oral argument at 9:00 a.m., January 31, 2023.]
Time allotted to argue: 20/20 minutes
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21-0783
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LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD. AND LENNAR HOMES OF TEXAS SALES AND MARKETING, LTD. v. KARA WHITELEY; from Galveston County; 14th Court of Appeals District (14-19-00269-CV, 625 SW3d 569, 04-29-21)
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[Note: This case has been set for oral argument at 9:00 a.m., January 31, 2023.]
Time allotted to argue: 20/20 minutes
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21-1037
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BRUCE R. HOTZE v. SYLVESTER TURNER, MAYOR, AND THE CITY OF HOUSTON; from Harris County; 14th Court of Appeals District (14-19-00959-CV, 634 SW3d 508, 10-12-21)
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[Note: This case has been set for oral argument at 9:00 a.m., February 1, 2023.]
Time allotted to argue: 20/20 minutes
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22-0030
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SCHINDLER ELEVATOR CORPORATION v. DARREN CEASAR; from Jefferson County; 9th Court of Appeals District (09-19-00419-CV, ___ SW3d ___, 11-30-21)
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[Note: This case has been set for oral argument at 9:00 a.m., February 1, 2023.]
Time allotted to argue: 20/20 minutes
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22-0095
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FREEPORT-MCMORAN OIL & GAS LLC AND OVINTIV USA INC. v. 1776 ENERGY PARTNERS. LLC; from Karnes County; 4th Court of Appeals District (04-20-00468-CV, ___ SW3d ___, 12-29-21)
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[Note: This case has been set for oral argument at 9:00 a.m., February 1, 2023.]
Time allotted to argue: 20/20 minutes
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22-0180
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CAE SIMUFLITE, INC. AND AMERICAN FLYERS, INC. v. VICTOR MAURICIO AGUILAR TALAVERA, AS REPRESENTATIVE OF THE ESTATE OF JUAN JOSE AGUILAR TALAVERA, DECEASED, MICHELLE DENISSE AGUILAR GONZALEZ, HEITRIAN NAXYELI AGUILAR GONZALEZ, ZIANYA NATALIA MARISA AGUILAR GONZALEZ, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF LUIS OVIDIO GONZALEZ FLORES, DECEASED, LORENA GUADALUPE FLORES BARRON, AND INGRID YANEL ALONSO MORALES, INDIVIDUALLY AND AS NEXT FRIEND OF L.M.G.A., A MINOR; from Dallas County; 5th Court of Appeals District (05-21-01022-CV, ___ SW3d ___, 01-24-22)
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[Note: This case has been set for oral argument at 9:00 a.m., February 2, 2023.]
Time allotted to argue: 20/20 minutes
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22-0313
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PECOS COUNTY APPRAISAL DISTRICT AND KINDER MORGAN PRODUCTION COMPANY, LLC, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO KINDER MORGAN PRODUCTION COMPANY, LP v. IRAAN-SHEFFIELD INDEPENDENT SCHOOL DISTRICT; from Pecos County; 8th Court of Appeals District (08-20-00122-CV, 645 SW3d 827, 04-08-22)
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[Note: This case has been set for oral argument at 9:00 a.m., February 2, 2023.]
Time allotted to argue: 20/20 minutes
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(Justice Bland not participating)
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ORDERS ON PETITIONS FOR REVIEW
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THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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21-1059
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CHARLES HARRIS MCMORDIE, IN HIS CAPACITY AS TRUSTEE OF THE HOBART B. MCMORDIE, II ASSET MANAGEMENT TRUST v. JOSE FERNANDO LICEAGA SANCHEZ, JOSE JESUS QUESADA SANCHEZ, JORGE ALFONSO QUESADA SANCHEZ, LUIS ARMANDO QUESADA SANCHEZ, FRANCISCO JAVIER QUESADA SANCHEZ, BLANCA LUISA LICEAGA SANCHEZ, MARY NOEMI DOBBS SANCHEZ, REBECA MORALES LICEAGA, LUIS JAIME MORALES LICEAGA, PABLO MORALES LICEAGA, AND ALFONSO SANCHEZ VALDEZ AND FIRSTBANK SOUTHWEST, AS INDEPENDENT EXECUTOR OF THE ESTATE OF MAGDALENA SANCHEZ MCMORDIE, DECEASED, AND AS TRUSTEE OF THE MAGDALENA SANCHEZ MCMORDIE ASSET MANAGEMENT TRUST; from Randall County; 7th Court of Appeals District (07-20-00353-CV, ___ SW3d ___, 11-04-21)
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21-1115
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KNIGHT OIL TOOLS, INC. v. RIPPY OIL COMPANY, RIPPY INTEREST LLC, THE GENECOV GROUP, INC., AND JOHN D. PROCTOR; from Leon County; 10th Court of Appeals District (10-18-00284-CV, ___ SW3d ___, 11-10-21)
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(Justice Lehrmann not participating)
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22-0120
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MIKE MORATH, COMMISSIONER OF EDUCATION, IN HIS OFFICIAL CAPACITY, AND TEXAS EDUCATION AGENCY v. TEXAS AMERICAN FEDERATION OF TEACHERS AND TEXAS STATE TEACHERS ASSOCIATION; from Travis County; 8th Court of Appeals District (08-20-00152-CV, ___ SW3d ___, 01-13-22)
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22-0278
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FELIX SORKIN, INDIVIDUALLY, GENERAL TECHNOLOGIES, INC., AND PRECISION-HAYES INTERNATIONAL, INC. v. P.T. ATLAS MANUFACTURING, L.L.C.; from Dallas County; 5th Court of Appeals District (05-21-00657-CV, ___ SW3d ___, 03-15-22)
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22-0350
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JENNIFER ROYAL SHULTZ v. PAUL YODER SHULTZ, JR.; from Dallas County; 5th Court of Appeals District (05-20-00819-CV, ___ SW3d ___, 02-04-22)
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22-0374
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FDP, LP AND LARRY FRIESENHAHN v. ROBERT MARX AND DEBBIE MARX; from Wilson County; 4th Court of Appeals District (04-21-00048-CV, ___ SW3d ___, 03-23-22)
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22-0391
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LLOYD KELLEY v. ABDOLRAHIM SHARIFAN; from Harris County; 14th Court of Appeals District (14-20-00197-CV, ___ SW3d ___, 04-14-22)
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(Justice Lehrmann and Justice Young not participating)
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22-0509
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THE CINCINNATI INSURANCE COMPANY v. RONNIE VILLANUEVA; from Maverick County; 4th Court of Appeals District (04-20-00389-CV, ___ SW3d ___, 03-02-22)
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22-0536
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WILLIAM BUCK, IN HIS OFFICIAL CAPACITY AS FIRE CHIEF FOR THE PORT OF HOUSTON AUTHORITY; MARCUS WOODRING, IN HIS OFFICIAL CAPACITY AS THE CHIEF PORT SECURITY AND EMERGENCY OPERATIONS OFFICER FOR THE PORT OF HOUSTON AUTHORITY; ROGER GUENTHER, IN HIS OFFICIAL CAPACITY AS EXECUTIVE DIRECTOR OF THE PORT OF HOUSTON AUTHORITY; AND ROGER WALTER, IN HIS OFFICIAL CAPACITY AS DIRECTOR OF HUMAN RESOURCES OF THE PORT OF HOUSTON AUTHORITY v. STAN KOZLOWSKI, JASON HALL, MIKE STALLINGS, JASON ROBERTS, KYLE JORDAN, AND JUSTIN MEADOR; from Harris County; 13th Court of Appeals District (13-21-00123-CV, ___ SW3d ___, 05-26-22)
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22-0543
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ANA GUERRA AND MIGUEL GUERRA v. COPERNICUS GUERRA, ERIC STUBBS AND MONICA GUERRA; from Bexar County; 4th Court of Appeals District (04-20-00366-CV, ___ SW3d ___, 03-09-22)
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respondent's motion to dismiss dismissed as moot
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22-0544
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ANKOR E&P HOLDINGS CORPORATION v. BACHTELL ENTERPRISES, LLC AND CRAFT OPERATING COMPANY XV11, LLC AND YAZOO VENTURE, LLC, CRAFT OPERATING COMPANY II, LLC, ET AL; from Harris County; 14th Court of Appeals District (14-20-00544-CV, 651 SW3d 514, 05-26-22)
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22-0545
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THERESA BREEDLOVE AND BOB BREEDLOVE v. ANTHONY VINCENT MOFFITT, DECEASED, ORKIN, LLC, AND ROLLINS, INC.; from Smith County; 12th Court of Appeals District (12-21-00037-CV, ___ SW3d ___, 04-29-22)
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22-0586
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CORBY W. STEVENSON v. TEXAS MUTUAL INSURANCE COMPANY; from Hunt County; 5th Court of Appeals District (05-21-00464-CV, ___ SW3d ___, 05-13-22)
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22-0608
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C.G. v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Burnet County; 3rd Court of Appeals District (03-22-00019-CV, ___ SW3d ___, 06-09-22)
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22-0660
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IN THE MATTER OF THE MARRIAGE OF ROBERT LYALL MARTZ AND AMY GONZALEZ MARTZ; from McLennan County; 9th Court of Appeals District (09-21-00048-CV, ___ SW3d ___, 06-23-22)
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22-0676
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RICHARD J. ADDANTE, PH.D. v. THE UNIVERSITY OF TEXAS AT DALLAS; from Dallas County; 5th Court of Appeals District (05-20-00376-CV, 651 SW3d 271, 09-08-21)
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22-0683
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PLEASANT GROVE INDEPENDENT SCHOOL DISTRICT v. FIELDTURF USA INC.; from Bowie County; 6th Court of Appeals District (06-19-00022-CV, 648 SW3d 608, 07-01-22)
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22-0734
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EMPOWER TEXANS, INC. v. DALLAS COUNTY, TEXAS; from Dallas County; 5th Court of Appeals District (05-20-00546-CV, 648 SW3d 664, 07-15-22)
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22-0753
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IN THE INTEREST OF A.S.R., A CHILD; from Bexar County; 4th Court of Appeals District (04-22-00073-CV, ___ SW3d ___, 07-20-22)
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22-0822
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MINGTEL INC. D/B/A AZPEN INNOVATION v. COMERICA BANK; from Dallas County; 5th Court of Appeals District (05-20-01115-CV, ___ SW3d ___, 08-02-22)
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22-0935
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SAMUEL SAN MIGUEL v. MARSHA MCLANE, ET AL.; from Lamb County; 7th Court of Appeals District (07-21-00058-CV, ___ SW3d ___, 07-26-22)
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22-0939
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IN THE INTEREST OF L.M., A CHILD; from Taylor County; 11th Court of Appeals District (11-22-00079-CV, ___ SW3d ___, 09-22-22)
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22-0957
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R.J. AND A.D.M. v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Travis County; 3rd Court of Appeals District (03-22-00190-CV, ___ SW3d ___, 09-15-22)
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22-0985
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IN THE INTEREST OF W.L., A CHILD; from Camp County; 6th Court of Appeals District (06-22-00012-CV, ___ SW3d ___, 09-29-22)
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22-0996
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QUEEN PRINYAH GODIAH NMIAA PAYNE'S EL-BEY v. CUBESMART CORP., CUBESMART STORE 0558, AND CUBESMART SELF STORAGE; 10th Court of Appeals District (10-22-00321-CV, ___ SW3d ___, 10-19-22)
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22-1083
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IN THE INTEREST OF C.M., A CHILD; from Limestone County; 10th Court of Appeals District (10-22-00177-CV, ___ SW3d ___, 10-19-22)
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counsel's motion to withdraw granted
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22-1093
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IN THE INTEREST OF A.L.S., A.L.S., S.A.S., CHILDREN; from Webb County; 4th Court of Appeals District (04-22-00257-CV, ___ SW3d ___, 10-19-22)
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THE FOLLOWING PETITION FOR REVIEW IS ABATED:
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22-0774
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IN THE INTEREST OF C.W.S. AND J.S.; from Orange County; 9th Court of Appeals District (09-22-00040-CV, ___ SW3d ___, 07-28-22)
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abatement order issued
[Note: The parties in this case agree that proper notice was not given as required by the Indian Child Welfare Act, 25 U.S.C. §§ 1901-1963 (ICWA). This case is abated and removed from the Court’s active docket until further order of this Court. The trial court is directed to (1) provide notice as required by ICWA and (2) determine whether any other action is required. The trial court shall notify the Court of its determination and provide the Court with a status report as soon as possible or within 30 days, whichever is earlier.]
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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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21-0497
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DIAMONDBACK E & P LLC AND MAGNOLIA, LLC v. RIDGEFIELD PERMIAN, LLC AND ALBERT JEFFRYES GRIFFITHS, AS TRUSTEE OF THE ALBERT JEFFRYES GRIFFITHS TRUST; from Reeves County; 8th Court of Appeals District (08-19-00156-CV, 626 SW3d 357, 05-05-21)
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22-0371
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ALFONSO KENNARD, JR. v. COMMISSION FOR LAWYER DISCIPLINE (BODA Cause No. 85861)
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MISCELLANEOUS
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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22-0174
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IN RE INTERSTATE FIRE & CASUALTY COMPANY, ET AL.; from Harris County; 1st Court of Appeals District (01-21-00114-CV, ___ SW3d ___, 02-03-22)
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petitioners' emergency motion for temporary relief dismissed as moot
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22-0181
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IN RE KIA MOTORS AMERICA, INC.; from Harris County; 14th Court of Appeals District (14-22-00086-CV, ___ SW3d ___, 03-08-22)
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stay order issued March 10, 2022, lifted
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(Justice Lehrmann not participating)
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22-0232
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IN RE SALESFORCE.COM, INC.; from Harris County; 1st Court of Appeals District (01-22-00045-CV, ___ SW3d ___, 03-01-22)
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motion for temporary relief dismissed as moot
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22-0355
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IN RE FAMOUS WATER COMPANY, L.P., CRAZY BOTTLING COMPANY, LLC, SCOTT ELDER, CAROL ELDER, TROY HUSEMAN, KELLI HUSEMAN, JACK BRADSHAW, JANET BRADSHAW, TOM FIREOVED, AND MIKE MODANO; from Tarrant County; 2nd Court of Appeals District (02-22-00103-CV, ___ SW3d ___, 04-27-22)
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22-0542
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IN RE LISA MILLER; from Palo Pinto County; 11th Court of Appeals District (11-22-00018-CV, ___ SW3d ___, 02-10-22)
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22-0623
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IN RE NATIONAL DISTRIBUTORS. LEASING, INC.; RICKY GARDNER; AND VERONICA ROMERO; from Travis County; 3rd Court of Appeals District (03-22-00316-CV, ___ SW3d ___, 06-10-22)
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22-0651
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IN RE DALLAS PLUMBING COMPANY; from Dallas County; 5th Court of Appeals District (05-22-00473-CV, ___ SW3d ___, 06-21-22)
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22-0670
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IN RE PEDRO MARTINEZ AND LYDIA GONZALEZ, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF PEDRO JOVANY "BRUNO" MARTINEZ; from Travis County; 3rd Court of Appeals District (03-21-00233-CV, ___ SW3d ___, 07-28-22)
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22-0672
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IN RE MARIO-ARNOLDO:YARRITO; 3rd Court of Appeals District (03-22-00446-CV, ___ SW3d ___, 07-29-22)
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22-0841
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IN RE TEXAS BOARD OF CHIROPRACTIC EXAMINERS AND TEXAS CHIROPRACTIC ASSOCIATION; from Travis County; 3rd Court of Appeals District (03-22-00520-CV, ___ SW3d ___, 08-31-22)
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stay order issued November 4, 2022, lifted
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22-0966
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IN RE TIAN LLC AND FNU TIANJISI; from Harris County; 1st Court of Appeals District (01-22-00654-CV, ___ SW3d ___, 10-11-22)
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22-0970
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IN RE NANCY ALANIS; from Bexar County; 4th Court of Appeals District (04-21-00021-CV, ___ SW3d ___, 08-31-22)
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relator's emergency motion for temporary mandamus relief dismissed as moot
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22-0993
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IN RE COMMUNITY BANK OF TEXAS, N.A.; from Harris County; 14th Court of Appeals District (14-22-00246-CV, ___ SW3d ___, 09-01-22)
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THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED:
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21-1010
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IN RE UNITED DEVELOPMENT FUNDING, L.P.; UNITED DEVELOPMENT FUNDING II, L.P.; UNITED DEVELOPMENT FUNDING III, L.P.; UNITED DEVELOPMENT FUNDING IV; UNITED DEVELOPMENT FUNDING V; UNITED MORTGAGE TRUST; UNITED DEVELOPMENT FUNDING LAND OPPORTUNITY FUND, L.P.; UNITED DEVELOPMENT FUNDING LAND OPPORTUNITY FUND INVESTORS, L.L.C.; from Dallas County; 5th Court of Appeals District (05-21-00102-CV, ___ SW3d ___, 02-12-21)
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relators' notice of nonsuit and dismissal of original proceeding, being treated as a motion to dismiss, granted
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A STAY IS ISSUED IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS:
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22-1100
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IN RE LAKESIDE RESORT JV, LLC D/B/A MARGARITAVILLE RESORT LAKE CONROE; from Montgomery County; 9th Court of Appeals District (09-22-00345-CV, ___ SW3d ___, 12-01-22)
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relator's emergency motion for temporary stay granted
stay order issued
response requested due by January 17, 2023
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[Note: The petition for writ of mandamus remains pending before this Court.]
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