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THE SUPREME COURT OF TEXAS
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Orders Pronounced December 30, 2022
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ORDERS ON CAUSES
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20-0856
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THE GULF COAST CENTER v. DANIEL CURRY, JR.; from Galveston County; 1st Court of Appeals District (01-18-00665-CV, 644 SW3d 370, 09-10-20)
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The Court reverses the judgments of the court of appeals and the trial court and remands the case to the trial court.
Justice Huddle delivered the opinion of the Court.
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21-0205
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MICHELLE ELISE PARKER JORDAN v. OLA KATHLEEN PARKER, INDEPENDENT EXECUTOR OF THE ESTATE OF J. LOYD PARKER, III, DECEASED, AND ALLISON RENEE PARKER; from Reeves County; 8th Court of Appeals District (08-19-00121-CV, 632 SW3d 108, 01-21-21)
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21-0262
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DON ZIMMERMAN v. CITY OF AUSTIN; AND SPENCER CRONK, IN HIS OFFICIAL CAPACITY AS CITY MANAGER OF THE CITY OF AUSTIN; from Travis County; 8th Court of Appeals District (08-20-00039-CV, 620 SW3d 473, 03-17-21)
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Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court vacates the judgments of the court of appeals and the trial court and remands the case to the trial court.
Per Curiam Opinion
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21-0614
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CAMERON INTERNATIONAL CORPORATION A/K/A CAMERON SYSTEMS CORPORATION v. HUGO A. MARTINEZ AND DOLORES RAMIREZ, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF JAVIER GARCIA, JR., DECEASED; JAVIER MAYAGOITIA, SR., INDIVIDUALLY AND AS INDEPENDENT ADMINISTRATOR OF THE ESTATE OF JAVIER MAYAGOITIA, JR., DECEASED; JULIETA TAYLOR; OSMAN MARTINEZ; AND JEANNE CHAVEZ, INDIVIDUALLY AND AS NEXT FRIEND AND GUARDIAN OF M. C., A MINOR CHILD; from Reeves County; 8th Court of Appeals District (08-19-00086-CV, 624 SW3d 241, 03-29-21)
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Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and renders judgment.
Per Curiam Opinion
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21-1003
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THE STATE OF TEXAS EX REL. TODD A. DURDEN, IN HIS OFFICIAL CAPACITY AS COUNTY ATTORNEY v. JAMES T. “TULLY” SHAHAN, IN HIS OFFICIAL CAPACITY AS COUNTY JUDGE; MARK FRERICH, IN HIS OFFICIAL CAPACITY AS COUNTY COMMISSIONER; JOE MONTALVO, IN HIS OFFICIAL CAPACITY AS COUNTY COMMISSIONER; DENNIS DODSON, IN HIS OFFICIAL CAPACITY AS COUNTY COMMISSIONER; TIM WARD, IN HIS OFFICIAL CAPACITY AS COUNTY COMMISSIONER; KINNEY COUNTY COMMISSIONERS COURT; KINNEY COUNTY; AND RICK ALVARADO, IN HIS OFFICIAL CAPACITY AS DISTRICT AND COUNTY CLERK OF KINNEY COUNTY, TEXAS; from Kinney County; 4th Court of Appeals District (04-19-00714-CV, 04-19-00715-CV, & 04-19-00716-CV, 648 SW3d 339, 05-12-21)
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Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court affirms in part and reverses in part the court of appeals' judgment and remands the case to that court.
Per Curiam Opinion
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THE FOLLOWING MOTION TO PARTICIPATE IN ORAL ARGUMENT IS GRANTED:
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22-0196
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ELECTRIC RELIABILITY COUNCIL OF TEXAS, INC. v. PANDA POWER GENERATION INFRASTRUCTURE FUND, LLC, D/B/A PANDA POWER FUNDS; PANDA SHERMAN POWER HOLDINGS, LLC; PANDA SHERMAN POWER INTERMEDIATE HOLDINGS I, LLC; PANDA SHERMAN POWER INTERMEDIATE HOLDINGS II, LLC; PANDA SHERMAN POWER, LLC; PANDA TEMPLE POWER HOLDINGS, LLC; PANDA TEMPLE POWER INTERMEDIATE HOLDINGS I, LLC; PANDA TEMPLE POWER INTERMEDIATE HOLDINGS II, LLC; PANDA TEMPLE POWER, LLC; PANDA TEMPLE POWER II HOLDINGS, LLC; PANDA TEMPLE POWER II INTERMEDIATE HLDINGS I, LLC, ET AL.; from Grayson County; 5th Court of Appeals District (05-18-00611-CV, 641 SW3d 893, 02-23-22)
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motion of amicus curiae to participate in oral argument granted
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Time allotted to argue: 15/5/20 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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21-0772
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HEALTH AND HUMAN SERVICES COMMISSION v. BRENDA VAZQUEZ; from Travis County; 3rd Court of Appeals District (03-20-00075-CV, ___ SW3d ___, 07-28-21)
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22-0691
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JAMES MARK PATSFIELD, III v. UV LOGISTICS, LLC D/B/A UNITED VISION LOGISTICS; from Harris County; 1st Court of Appeals District (01-20-00191-CV, ___ SW3d ___, 03-31-22)
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22-0716
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EDWARD FOUSSADIER v. TRIPLE B SERVICES, LLP; from Harris County; 1st Court of Appeals District (01-21-00024-CV, ___ SW3d ___, 08-23-22)
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22-0718
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TEXAS HEALTH HARRIS METHODIST HOSPITAL FORT WORTH v. STEPHEN FEATHERLY; from Tarrant County; 2nd Court of Appeals District (02-19-00199-CV, ___ SW3d ___, 04-14-22)
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22-0740
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IN THE MATTER OF D.G.W.; from Harris County; 1st Court of Appeals District (01-21-00134-CV, ___ SW3d ___, 06-30-22)
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22-0824
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FULL OF FAITH CHRISTIAN CENTER, INC.; FULL OF FAITH CHRISTIAN CENTER MINISTRIES; FULL OF FAITH CHRISTIAN CENTER MINISTRIES, INC.; CALVIN RAY CALHOUN; AND PEGGY CALHOUN v. KENNETH MAY AND DESIRE OPHELIA FUENTES-MAY; from Dallas County; 5th Court of Appeals District (05-20-00859-CV, ___ SW3d ___, 08-11-22)
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22-0879
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JAMES D. SCUDDAY v. AUSTIN KING, TIERRA LINDA RANCH HOMEOWNERS ASSOCIATION, JERRY ADAMS, BOB DOCKEY, MARY LA FRANCE, TAMMY HANEY, DENISE CHAMBERS AND DIMAS LOPEZ; from Gillespie County; 4th Court of Appeals District (04-20-00562-CV, ___ SW3d ___, 06-22-22)
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22-0916
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DAVID GHAZVINI v. TOYOTA MOTORS SALES, USA, INC.; from Harris County; 1st Court of Appeals District (01-21-00400-CV, ___ SW3d ___, 08-11-22)
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22-0934
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IN THE INTEREST OF D.C., S.C., AND S.C., CHILDREN; from Tarrant County; 2nd Court of Appeals District (02-21-00051-CV, ___ SW3d ___, 08-31-22)
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22-0956
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LARAE WALKER v. EMPLOYEES RETIREMENT SYSTEM OF TEXAS AND MINNESOTA LIFE INSURANCE COMPANY; from Travis County; 3rd Court of Appeals District (03-21-00321-CV, ___ SW3d ___, 09-14-22)
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22-0967
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IN THE INTEREST OF M.P.B., ET AL., CHILDREN; from Dallas County; 5th Court of Appeals District (05-22-00399-CV, ___ SW3d ___, 09-12-22)
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22-0971
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TORI WOODS, GLORIA WOODS AND M.W. v. BW MIDTOWN CEDAR HILL, L.L.C.; from Dallas County; 5th Court of Appeals District (05-21-00615-CV, ___ SW3d ___, 09-19-22)
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22-0984
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WEN LIAN H. PATIENCE v. CHRISTINE HENDRICKS HODSON; from Fort Bend County; 1st Court of Appeals District (01-22-00599-CV, ___ SW3d ___, 10-04-22)
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22-0994
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IN THE INTEREST OF A.I., A CHILD; from Tarrant County; 2nd Court of Appeals District (02-22-00176-CV, ___ SW3d ___, 09-22-22)
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2 petitions
counsel's motion to withdraw granted
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22-0999
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IN THE INTEREST OF C.C.H., A CHILD; from Lamar County; 6th Court of Appeals District (06-22-00052-CV, ___ SW3d ___, 10-12-22)
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22-1003
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NEXION HEALTH AT WAXAHACHIE INC, D/B/A RENFRO HEALTHCARE CENTER v. MARTHA PENA, ON BEHALF OF CELIA ONTIVEROS; from Ellis County; 10th Court of Appeals District (10-19-00044-CV, ___ SW3d ___, 08-31-22)
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22-1016
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VICTOR MIGNOGNA v. FUNIMATION PRODUCTIONS, LLC, JAMIE MARCHI, MONICA RIAL, AND RONALD TOYE; from Tarrant County; 2nd Court of Appeals District (02-19-00394-CV, ___ SW3d ___, 08-18-22)
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22-1017
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IN THE INTEREST OF A.K. AND J.K., CHILDREN; from Wichita County; 2nd Court of Appeals District (02-22-00154-CV, ___ SW3d ___, 09-29-22)
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22-1034
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IN THE INTEREST OF B.B., A CHILD; from Gregg County; 6th Court of Appeals District (06-22-00029-CV, ___ SW3d ___, 10-06-22)
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22-1035
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IN THE INTEREST OF I.D., A CHILD; from Gregg County; 6th Court of Appeals District (06-22-00030-CV, ___ SW3d ___, 10-06-22)
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22-1041
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IN THE INTEREST OF J.R., C.M.R.C., AND D.C., MINOR CHILDREN; from Hidalgo County; 13th Court of Appeals District (13-22-00253-CV, ___ SW3d ___, 10-06-22)
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counsel's motion to withdraw granted
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22-1107
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IN THE INTEREST OF J.W., A CHILD; from Tarrant County; 2nd Court of Appeals District (02-22-00161-CV, ___ SW3d ___, 10-27-22)
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counsel's motion to withdraw granted, as corrected
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22-1118
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IN THE INTEREST OF A.Z.P. AND S.J. R., CHILDREN; from Bexar County; 4th Court of Appeals District (04-22-00320-CV, ___ SW3d ___, 10-26-22)
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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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22-0135
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PHARUS FUNDING, LLC AS ASSIGNEE OF LHR, INC. v. JORGE J. GARCIA; from Harris County; 1st Court of Appeals District (01-20-00411-CV, ___ SW3d ___, 08-12-21)
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22-0387
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THOMAS ANDREW MORRELL AND CABRINA MORRELL v. MARTHA J. MORRELL; from Jefferson County; 9th Court of Appeals District (09-20-00086-CV, ___ SW3d ___, 03-31-22)
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(Justice Lehrmann not participating)
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22-0465
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KENNETH D. EICHNER, P.C. v. BEN DOMINGUEZ, II AND PARC CONDOMINIUM ASSOCIATION; from Harris County; 14th Court of Appeals District (14-18-00399-CV, ___ SW3d ___, 02-08-22)
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22-0770
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WILLIAM PAUL BURCH v. NATIONSTAR MORTGAGE HOLDINGS, INC.; from Tarrant County; 2nd Court of Appeals District (02-21-00035-CV, ___ SW3d ___, 05-12-22)
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22-0842
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IN THE INTEREST OF D.P. AND D.P.; from Montgomery County; 9th Court of Appeals District (09-22-00048-CV, ___ SW3d ___, 07-28-22)
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THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
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22-0950
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IN RE CL II LLC, CL OPCO LLC, RED ROOF FRANCHISING, LLC, WESTMONT HOSPITALITY GROUP, INC., AND REAL PROPERTY KNOWN AS 5959 GUHN ROAD; from Harris County; 1st Court of Appeals District (01-22-00717-CV, ___ SW3d ___, 10-25-22)
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MISCELLANEOUS
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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22-0991
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IN RE SENTRY WELLHEAD SYSTEM, LLC; from Montgomery County; 9th Court of Appeals District (09-21-00204-CV, ___ SW3d ___, 08-31-22)
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22-1045
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IN RE RICHARD MCDONALD; from Midland County; 11th Court of Appeals District (11-22-00291-CV, ___ SW3d ___, 11-10-22)
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22-1119
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IN RE STETSON RENEWABLES HOLDINGS, LLC AND OGALLALA RENEWABLE PROJECT, LLC
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relators' emergency motion for temporary relief denied
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22-1120
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IN RE MONTE ALTO WINDPOWER, LLC AND YELLOW ROSE SOLAR PROJECT LLC
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relators' emergency motion for temporary relief denied
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See opinion issued in 22-1119, In re Stetson Renewables Holdings, LLC
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22-1125
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IN RE AUSTIN BAYOU SOLAR, LLC, BRAZORIA SOLAR II, LLC, FACILITY INNOVATIONS GROUP, INC., GOLDEN TRIANGLE SOLAR, LLC, SAN BERNARD SOLAR II, LLC, AND ZSS POWER LLC
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as amended
relators' unopposed emergency motion for leave to file amended petition granted
relators' emergency motion for temporary relief denied, as amended
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See opinion issued in 22-1119, In re Stetson Renewables Holdings, LLC
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22-1131
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IN RE EQUISTAR CHEMICALS, LP
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relator's emergency motion for temporary relief denied
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See opinion issued in 22-1119, In re Stetson Renewables Holdings, LLC
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22-1132
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IN RE HORSESHOE BEND SOLAR, LLC
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See opinion issued in 22-1119, In re Stetson Renewables Holdings, LLC
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22-1133
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IN RE MONARCH ENERGY DEVELOPMENT, LLC
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relator's emergency motion for temporary relief denied
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See opinion issued in 22-1119, In re Stetson Renewables Holdings, LLC
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22-1136
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IN RE HECATE ENERGY DOVETAIL SOLAR 1, LLC AND HECATE ENERGY DOVETAIL SOLAR 2, LLC
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emergency motion for temporary relief denied
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See opinion issued in 22-1119, In re Stetson Renewables Holdings, LLC
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22-1137
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IN RE JEFF YOUNGER; from Dallas County
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as amended
motion for emergency stay denied, as amended
motion to seal court records granted in part
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Justice Blacklock filed an opinion concurring in the denial of the petition for writ of mandamus, in which Justice Young joined.
Justice Devine notes his dissent from the Court's denial of the petition for writ of mandamus and motion for emergency stay.
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22-1146
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IN RE NATURGY CANDELA DEVCO, LLC, RENRG TX1, LLC, RENRG TX2, LLC, AND GGS ENERGY TX LLC
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See opinion issued in 22-1119, In re Stetson Renewables Holdings, LLC
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22-1151
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IN RE STARR SOLAR RANCH 1, LLC
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relator's emergency motion for temporary relief denied
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See opinion issued in 22-1119, In re Stetson Renewables Holdings, LLC
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22-1152
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IN RE ROWDY CREEK SOLAR, LLC
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emergency motion for temporary relief denied
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See opinion issued in 22-1119, In re Stetson Renewables Holdings, LLC
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22-1156
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IN RE ZEUS RENEWABLE ENERGY DEVELOPMENT, LLC, SPADE WIND I, LLC, SPADE WIND II, LLC, AND SPADE WIND III, LLC
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relators' emergency motion for temporary relief denied
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See opinion issued in 22-1119, In re Stetson Renewables Holdings, LLC
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22-1158
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IN RE OLYMPUS SOLAR, LLC
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emergency motion for temporary relief denied
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See opinion issued in 22-1119, In re Stetson Renewables Holdings, LLC
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22-1161
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IN RE SEADRIFT SOLAR, LLC
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emergency motion for temporary relief denied
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See opinion issued in 22-1119, In re Stetson Renewables Holdings, LLC
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22-1163
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IN RE BNB TENNYSON SOLAR, LLC
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See opinion issued in 22-1119, In re Stetson Renewables Holdings, LLC
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22-1168
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IN RE LEEWARD RENEWABLE ENERGY, LLC AND NAVARRO COUNTY WIND, LLC
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relators' emergency motion for temporary relief denied
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See opinion issued in 22-1119, In re Stetson Renewables Holdings, LLC
(Justice Bland not participating)
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22-1169
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IN RE CATALYST ENERGY, INC.
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relator's emergency motion for temporary relief denied
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See opinion issued in 22-1119, In re Stetson Renewables Holdings, LLC
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DISMISSED:
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22-0845
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IN RE FRANK LEROY PICKENS; from Caldwell County; 3rd Court of Appeals District (03-22-00538-CV, ___ SW3d ___, 09-21-22)
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relator's motion to dismiss granted
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22-1097
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IN RE SWIFT TRANSPORTATION CO. OF ARIZONA, LLC AND TRANSMEX INC., S.A. DE C.V.; from Webb County; 4th Court of Appeals District (04-22-00808-CV, ___ SW3d ___, 12-07-22)
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relators' unopposed motion to dismiss granted
relators' emergency motion for stay dismissed as moot
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