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THE SUPREME COURT OF TEXAS
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Orders Pronounced June 17, 2022
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ORDERS ON CAUSES
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19-0092
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GRASSROOTS LEADERSHIP, INC., ET AL. v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES, ET AL.; from Travis County; 3rd Court of Appeals District (03-18-00261-CV, ___ SW3d ___, 11-28-18)
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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 remands the case to that court.
Per Curiam Opinion
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(Justice Blacklock not participating)
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20-0178
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IN THE MATTER OF THE ESTATE OF RICHARD C. POE, DECEASED; from El Paso County; 8th Court of Appeals District (08-18-00015-CV, 591 SW3d 607, 08-28-19)
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The Court reverses the court of appeals' judgment in part and remands the case to the trial court.
Justice Huddle delivered the opinion of the Court.
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(Justice Young not participating)
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20-0179
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IN THE MATTER OF TROY S. POE TRUST; from El Paso County; 8th Court of Appeals District (08-18-00074-CV, 591 SW3d 168, 08-28-19)
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The Court reverses the court of appeals' judgment and remands the case to that court.
Justice Huddle delivered the opinion of the Court.
Justice Busby filed a concurring opinion, in which Justice Devine and Justice Young joined.
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20-0552
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S.C. v. M.B., INDIVIDUALLY AND AS NEXT FRIEND OF I.C.; from Tarrant County; 2nd Court of Appeals District (02-19-00168-CV, 634 SW3d 102, 04-09-20)
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The Court affirms the court of appeals' judgment and remands the case to the trial court.
Justice Young delivered the opinion of the Court, in which Chief Justice Hecht, Justice Lehrmann, Justice Devine, Justice Blacklock, and Justice Huddle joined.
Justice Bland filed a dissenting opinion, in which Justice Boyd and Justice Busby joined.
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20-0827
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IN RE UPS GROUND FREIGHT, INC.; from Rusk County; 12th Court of Appeals District (12-20-00129-CV, 629 SW3d 441, 09-23-20)
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relators' motion to substitute parties denied
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Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus.
Per Curiam Opinion
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(Justice Lehrmann and Justice Busby not participating)
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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 v. HEALTH CARE SERVICE CORPORATION; from Travis County; 3rd Court of Appeals District (03-19-00864-CV, ___ SW3d ___, 12-11-20)
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The Court reverses the court of appeals' judgment and renders judgment.
Justice Bland delivered the opinion of the Court, in which Chief Justice Hecht, Justice Lehrmann, Justice Boyd, and Justice Huddle joined.
Justice Blacklock filed a dissenting opinion, in which Justice Devine, Justice Busby, and Justice Young joined.
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21-0134
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IN RE CONTRACT FREIGHTERS, INC. D/B/A CFI, AND RANDALL SCOTT FOLKS; from Webb County; 4th Court of Appeals District (04-21-00017-CV, ___ SW3d ___, 02-03-21)
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real party in interest's motion to dismiss denied
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Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus.
Per Curiam Opinion
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21-0197
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WEEKLEY HOMES, LLC v. JOHN PANIAGUA; AND HERMELINDA MARAVILLA CORONA, JOSE CAMERINO MARAVILLA, SR., AND MARGARITA MARAVILLA, INDIVIDUALLY, AS PERSONAL REPRESENTATIVES OF THE ESTATE OF JOSE CAMERINO MARAVILLA, DECEASED, AND AS NEXT FRIEND OF S.L.M.S., E.H., L.A.S., AND J.J.M., MINORS; from Dallas County; 5th Court of Appeals District (05-19-00439-CV, ___ SW3d ___, 01-13-21)
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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 in part and remands the case to that court.
Per Curiam Opinion
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21-0208
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UNITED SUPERMARKETS, LLC v. SHERIE MCINTIRE; from Collin County; 5th Court of Appeals District (05-19-01252-CV, ___ SW3d ___, 02-04-21)
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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 reinstates the trial court's judgment.
Per Curiam Opinion
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21-0658
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IN THE INTEREST OF A.L.R., A CHILD; from Taylor County; 11th Court of Appeals District (11-20-00294-CV, ___ SW3d ___, 06-24-21)
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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 remands the case to that court.
Per Curiam Opinion
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21-0846
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IN RE YRC INC. D/B/A YRC FREIGHT; from Grayson County; 5th Court of Appeals District (05-21-00205-CV, ___ SW3d ___, 08-27-21)
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relator's emergency motion for temporary relief dismissed
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Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus.
Per Curiam Opinion
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22-0062
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GABRIEL INVESTMENT GROUP, INC. v. TEXAS ALCOHOLIC BEVERAGE COMMISSION (U.S. Fifth Circuit 21-50322)
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The Court answers the questions certified by the United States Court of Appeals for the Fifth Circuit.
Justice Blacklock delivered the opinion of the Court.
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THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:
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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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The Court's judgment issued May 6, 2022 is corrected.
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(Justice Huddle and Justice Young not participating)
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21-0165
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IN RE WHATABURGER RESTAURANTS LLC; from El Paso County; 8th Court of Appeals District (08-19-00180-CV, 632 SW3d 101, 01-06-21)
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ORDERS ON CASES GRANTED
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THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
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20-0975
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WESLEY RATTRAY, MARCO NUNEZ, MARTHA SAAVEDRA, ANTONIO VINDELL, CARMEN PASHOS, STEVE TULLOS, CESARIO PEDRAZA, MINERVA PEDRAZA, ROGER LULY, NORA GONZALEZ, AND ROSALINDA CASTILLO v. CITY OF BROWNSVILLE, TEXAS; from Cameron County; 13th Court of Appeals District (13-19-00556-CV, ___ SW3d ___, 10-15-20)
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[Note: The date and time for oral argument are yet to be determined.]
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21-0028
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TOTALENERGIES E&P USA, INC. v. MP GULF OF MEXICO, LLC; from Harris County; 12th Court of Appeals District (12-20-00180-CV, ___ SW3d ___, 12-16-20)
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[Note: The date and time for oral argument are yet to be determined.]
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(Justice Huddle and Justice Young not participating)
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21-0146
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SUSAN DAVIS VAN DYKE, ET AL. v. THE NAVIGATOR GROUP, ET AL.; from Martin County; 11th Court of Appeals District (11-18-00050-CV, ___ SW3d ___, 12-31-20)
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[Note: The date and time for oral argument are yet to be determined.]
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21-0355
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AUSTIN TRUST COMPANY AS TRUSTEE OF THE BOB AND ELIZABETH LANIER DECENDANTS TRUSTS FOR ROBERT CLAYTON LANIER, JR., ET AL. v. JAY HOUREN, AS INDEPENDENT EXECUTOR OF THE ESTATE OF ROBERT C. LANIER, DECEASED; from Harris County; 14th Court of Appeals District (14-19-00387-CV, ___ SW3d ___, 03-16-21)
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[Note: The date and time for oral argument are yet to be determined.]
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21-0496
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HOUSTON AREA SAFETY COUNCIL, INC. AND PSYCHEMEDICS CORPORATION v. GUILLERMO M. MENDEZ; from Harris County; 1st Court of Appeals District (01-19-00288-CV, 634 SW3d 154, 04-29-21)
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[Note: The date and time for oral argument are yet to be determined.]
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21-0513
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SIBEL ONASIS FERRER v. MADALENA ELIZABETH ALMANZA, ISABELLA P. ALMANZA, AND ALBERT BOONE ALMANZA; from Travis County; 7th Court of Appeals District (07-20-00300-CV, ___ SW3d ___, 03-16-21)
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[Note: The date and time for oral argument are yet to be determined.]
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21-0978
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THE LILITH FUND FOR REPRODUCTIVE EQUITY v. MARK LEE DICKSON AND RIGHT TO LIFE EAST TEXAS; from Travis County; 7th Court of Appeals District (07-21-00005-CV, ___ SW3d ___, 09-02-21)
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~ consolidated for oral argument with ~
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21-1039
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MARK LEE DICKSON AND RIGHT TO LIFE EAST TEXAS v. THE AFIYA CENTER AND TEXAS EQUAL ACCESS FUND; from Dallas County; 5th Court of Appeals District (05-20-00988-CV, 636 SW3d 247, 09-08-21)
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[Note: The date and time for oral argument are yet to be determined.]
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22-0200
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CITY OF EAGLE PASS v. ISABEL VELASQUEZ PEREZ, INDIVIDUALLY AND A/N/F OF V.V., MINOR; from Maverick County; 4th Court of Appeals District (04-21-00094-CV, ___ SW3d ___, 01-26-22)
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joint motion effectuating settlement granted as follows:
Pursuant to Texas Rule of Appellate Procedure 56.3, without considering the merits, the Court grants the petition for review, vacates the judgments of the court of appeals and trial court, and remands the case to the trial court for rendition of judgment in accordance with the parties' settlement agreement.
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ORDERS ON PETITIONS FOR REVIEW
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THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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20-0683
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HOUSECANARY, INC., FORMERLY KNOWN AS CANARY ANALYTICS, INC. v. TITLE SOURCE, INC.; from Bexar County; 4th Court of Appeals District (04-19-00044-CV, 612 SW3d 517, 08-26-20)
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(Justice Huddle and Justice Young not participating)
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20-0845
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CELTIC INSURANCE COMPANY, SUPERIOR HEALTHPLAN, INC., AND CENPATICO D/B/A INTEGRATED MENTAL HEALTH SERVICES v. ROCHELLE CARDONA; from Bexar County; 4th Court of Appeals District (04-20-00027-CV, ___ SW3d ___, 09-16-20)
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21-0171
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PRESTON MARSHALL v. ELAINE T. MARSHALL AND E. PIERCE MARSHALL, JR.; from Harris County; 14th Court of Appeals District (14-18-00094-CV, 14-18-00095-CV, ___ SW3d ___, 01-21-21)
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(Justice Huddle and Justice Young not participating)
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21-0492
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BEVERLY SALVAGIO AND JAMES DAVID SALVAGIO v. NEW PENN FINANCIAL LLC D/B/A SHELLPOINT MORTGAGE SERVICING AND MTGLQ INVESTORS L.P.; from Jefferson County; 9th Court of Appeals District (09-19-00157-CV, ___ SW3d ___, 04-08-21)
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21-0592
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PJC AIR CONDITIONING AND PLUMBING, LLC D/B/A RABROKER AIR CONDITIONING & PLUMBING v. BYRON HARPER; from Bell County; 3rd Court of Appeals District (03-19-00548-CV, ___ SW3d ___, 05-26-21)
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21-0671
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MICHELE MCKENZIE ALFORD-SHAW, AS INDEPENDENT EXECUTRIX OF THE ESTATE OF ROBIN DALE SHAW, DECEASED v. JUDY NICHOLSON, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MISTY NICHOLSON, DECEASED AND AS GUARDIAN AND NEXT FRIEND OF LBN, A MINOR; DOMINIC RIOLA AND KARLA RIOLA; from Tarrant County; 2nd Court of Appeals District (02-20-00387-CV, ___ SW3d ___, 07-01-21)
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21-0785
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M.A. MORTENSON COMPANY v. JAMES M. SHELTON; from Wise County; 2nd Court of Appeals District (02-19-00435-CV, ___ SW3d ___, 06-03-21)
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21-1002
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ANDRE GIBBS v. THE CITY OF HOUSTON; from Harris County; 1st Court of Appeals District (01-20-00570-CV, ___ SW3d ___, 10-12-21)
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21-1052
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ELLEN L. ADAMS AND STEVEN ADAMS v. BHAVNA GODHANIA AND VIKAS GODHANIA; from Travis County; 3rd Court of Appeals District (03-20-00115-CV, 635 SW3d 454, 10-20-21)
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21-1053
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SHEREE FREEMAN AND PHILLIP FREEMAN v. CITY OF WAXAHACHIE, TEXAS; from Ellis County; 10th Court of Appeals District (10-19-00379-CV, 636 SW3d 306, 10-20-21)
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21-1062
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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 v. EL PASO ELECTRIC COMPANY; from Travis County; 3rd Court of Appeals District (03-18-00790-CV, 629 SW3d 518, 03-05-21)
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21-1072
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ELIZABETH JONES BOYCE v. VIKI LIVESAY EBERSTEIN AND KAREN LIVESAY SHUFORD; from Dallas County; 5th Court of Appeals District (05-20-00486-CV, 636 SW3d 708, 11-04-21)
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21-1087
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NEW BRAUNFELS INDEPENDENT SCHOOL DISTRICT v. FIELDTURF USA, INC.; from Comal County; 7th Court of Appeals District (07-20-00308-CV, ___ SW3d ___, 11-12-21)
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21-1122
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AMIR MIRESKANDARI v. KEVAN CASEY; from Dallas County; 5th Court of Appeals District (05-20-00769-CV, 636 SW3d 727, 11-19-21)
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22-0009
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IN THE GUARDIANSHIP OF JAMES ALTON TITUS, AN INCAPACITATED PERSON; from Tarrant County; 2nd Court of Appeals District (02-20-00245-CV, 635 SW3d 425, 09-30-21)
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22-0029
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JETALL COMPANIES, INC. v. JPG WACO HERITAGE LLC; from McLennan County; 10th Court of Appeals District (10-21-00135-CV, 637 SW3d 865, 12-01-21)
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22-0038
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GUILLERMO ARCE v. EAN HOLDINGS, LLC; from Tarrant County; 2nd Court of Appeals District (02-20-00217-CV, 636 SW3d 290, 10-14-21)
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22-0045
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IN THE INTEREST OF R.J.R., A CHILD; from Bexar County; 4th Court of Appeals District (04-21-00246-CV, ___ SW3d ___, 12-08-21)
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22-0052
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MICHEL B. MORENO v. ALAN HALPERIN, AS TRUSTEE OF THE GFES LIQUIDATION TRUST; from Dallas County; 5th Court of Appeals District (05-20-00858-CV, ___ SW3d ___, 12-14-21)
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22-0069
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SPENCER RILEY, SUSAN A. TULL AND SHANNON L. RILEY, INDEPENDENT CO-EXECUTORS OF THE ESTATE OF C.B. CHRISTIE, JR., DECEASED v. ROBERT H. HENRY; MARGARET GREEN HENRY, INDIVIDUALLY AND AS TRUSTEE OF MARGARET GREEN HENRY TRUST U/W/O WILLIAM H. GREEN, JR., AND AS TRUSTEE OF MARGARET GREEN HENRY TRUST U/W/O ELIZABETH MOORE GREEN; CLAYTON MOORE HENRY; AND HELEN HENRY WRIGHT; from Archer County; 2nd Court of Appeals District (02-20-00169-CV, 637 SW3d 226, 11-24-21)
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22-0089
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SHAHRAM SHAKOURI v. FARIBA BADIYAN SHAKOURI; from Tarrant County; 2nd Court of Appeals District (02-20-00297-CV, ___ SW3d ___, 01-20-22)
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22-0094
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IN THE GUARDIANSHIP OF TYLER MURRAY, AN INCAPACITATED PERSON; from Victoria County; 13th Court of Appeals District (13-19-00646-CV, ___ SW3d ___, 08-19-21)
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22-0152
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CITY OF IRVING, TEXAS v. EDWIN MUNIZ; from Dallas County; 5th Court of Appeals District (05-21-00099-CV, ___ SW3d ___, 11-19-21)
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22-0170
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CHRISTOPHER MITCHELL v. LAKEISHA RANDLE; from Harris County; 6th Court of Appeals District (06-21-00084-CV, ___ SW3d ___, 01-07-22)
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22-0171
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ALISA COLCHADO AND ALISA N. ESCOBAR v. TEXAS DEPARTMENT OF PUBLIC SAFETY; from Hidalgo County; 13th Court of Appeals District (13-20-00267-CV, ___ SW3d ___, 12-29-21)
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22-0189
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ST. JOHN MISSIONARY BAPTIST CHURCH, INC., A/K/A ST. JOHN MISSIONARY BAPTIST CHURCH, AS SUCCESSOR AND ASSIGNEE OF ST. JOHN COLORED BAPTIST CHURCH v. LINDA MORONEY; from Fort Bend County; 14th Court of Appeals District (14-20-00203-CV, 636 SW3d 698, 11-04-21)
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22-0240
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HYDROCHEM LLC, KYLE LENG AND JOHN BRITTON v. EVOQUA WATER TECHNOLOGIES, LLC; from Harris County; 1st Court of Appeals District (01-19-00770-CV, ___ SW3d ___, 12-31-20)
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22-0250
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IN THE INTEREST OF S.P., A CHILD; from Gregg County; 6th Court of Appeals District (06-21-00107-CV, ___ SW3d ___, 01-26-22)
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22-0261
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NATHAN HINES, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED v. TEXAS A&M UNIVERSITY 12TH MAN FOUNDATION; from Newton County; 9th Court of Appeals District (09-19-00454-CV, ___ SW3d ___, 02-24-22)
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22-0290
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BRADLEY S. KIDWELL, BRADLEY S. KIDWELL FAMILY LIMITED PARTNERSHIP, MARY COE KIDWELL v. HADDINGTON FUND, LP AND JB WEALTH MANAGEMENT, LLC; from Collin County; 5th Court of Appeals District (05-19-01202-CV, ___ SW3d ___, 01-11-22)
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22-0312
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SOUTH PLACE SNF, LP v. JOHN HUDSON; from Henderson County; 12th Court of Appeals District (12-21-00150-CV, ___ SW3d ___, 03-09-22)
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22-0325
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AMYN GILANI v. THOMAS WAYNE RIGNEY AND RIGNEY FINANCIAL SERVICES, LLC; from Tarrant County; 2nd Court of Appeals District (02-21-00314-CV, ___ SW3d ___, 03-10-22)
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22-0337
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CITY OF HOUSTON v. ERIKA CAVASOS INDIVIDUALLY AND AS NEXT FRIEND OF HER MINOR CHILDREN, E.R. AND A.R.; from Harris County; 14th Court of Appeals District (14-20-00284-CV, ___ SW3d ___, 03-15-22)
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22-0349
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IN THE INTEREST OF J.O. JR., T.O., J.O. AND W.O.; from Montgomery County; 9th Court of Appeals District (09-21-00341-CV, ___ SW3d ___, 03-17-22)
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22-0378
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IN THE INTEREST OF M.K.T., A CHILD; from Bexar County; 4th Court of Appeals District (04-21-00442-CV, ___ SW3d ___, 03-23-22)
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22-0441
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IN THE INTEREST OF C.W. AND L.W., CHILDREN; from Cooke County; 2nd Court of Appeals District (02-21-00340-CV, ___ SW3d ___, 04-19-22)
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counsel's motion to withdraw granted
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22-0443
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IN THE INTEREST OF J.A.D.B., A CHILD; from Bexar County; 4th Court of Appeals District (04-21-00505-CV, ___ SW3d ___, 04-20-22)
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counsel's motion to withdraw granted
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22-0446
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IN THE INTEREST OF A.B., A CHILD; from McLennan County; 10th Court of Appeals District (10-21-00292-CV, ___ SW3d ___, 03-30-22)
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22-0447
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IN THE INTEREST OF H.G., A CHILD; from Randall County; 7th Court of Appeals District (07-21-00278-CV, ___ SW3d ___, 04-25-22)
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22-0450
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IN THE INTEREST OF D.A., A.A., AND A.A., CHILDREN; from Cherokee County; 12th Court of Appeals District (12-22-00033-CV, ___ SW3d ___, 05-11-22)
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counsel's motion to withdraw granted
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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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21-0684
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JUANSRICH, LTD. AND RICHARD FRANCIS, M.D. v. HOUSTON METRO ORTHO AND SPINE SURGERY, LLC; ELITE AMBULATORY SURGERY CENTERS, LLC; LORI RAMIREZ; JAMES ALBRIGHT, M.D.; CARL PALUMBO, M.D.; NAVIN SUBRAMANIAN, M.D.; ALAN RECHTER, M.D.; MARK PROVENZANO, M.D.; JUAN CARLOS BUSTOS, M.D.; ASIF CHAUDRY, M.D.; AND NEWTON DUNCAN, M.D.; from Harris County; 14th Court of Appeals District (14-19-00732-CV, ___ SW3d ___, 07-06-21)
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22-0072
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IN RE GUARDIANSHIP OF QIONG-YING DUAN CHANG, AN ALLEGED INCAPACITATED PERSON; from Harris County; 14th Court of Appeals District (14-20-00115-CV, 635 SW3d 444, 10-07-21)
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22-0211
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TEEL STYLES v. CHILDREN’S MEDICAL CENTER; from Dallas County; 5th Court of Appeals District (05-21-00564-CV, ___ SW3d ___, 01-25-22)
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22-0253
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IN THE INTEREST OF I.G., A CHILD; from Smith County; 12th Court of Appeals District (12-21-00068-CV, ___ SW3d ___, 01-19-22)
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22-0298
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IN THE INTEREST OF C.U.D., S.L.D., A/K/A S.D., J.P.J.D., K.K.J.D., A.E.D., II, CHILDREN; from Harris County; 14th Court of Appeals District (14-21-00538-CV, ___ SW3d ___, 03-10-22)
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THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
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22-0192
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IN RE SPFM, L.P.; from Bexar County; 4th Court of Appeals District (04-21-00506-CV, ___ SW3d ___, 01-26-22)
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MISCELLANEOUS
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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19-0805
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IN RE KAMI MARTIN GAFFIN; from Tarrant County; 2nd Court of Appeals District (02-19-00315-CV, ___ SW3d ___, 08-30-19)
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21-0616
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IN RE TRUCK INSURANCE EXCHANGE; from Tarrant County; 2nd Court of Appeals District (02-21-00196-CV, ___ SW3d ___, 07-01-21)
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22-0383
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IN RE MICHAEL C. SMART; from El Paso County; 8th Court of Appeals District (08-20-00095-CV, ___ SW3d ___, 08-21-20)
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A STAY IS ISSUED IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS:
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22-0453
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IN RE UBER TECHNOLOGIES, INC.; from Harris County; 14th Court of Appeals District (14-21-00509-CV, ___ SW3d ___, 06-07-22)
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emergency motion for temporary relief granted
stay order issued
response requested due by June 27, 2022
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[Note: The petition for writ of mandamus remains pending before this Court.]
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(Justice Bland not participating)
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THE DECISION OF THE BOARD OF DISCIPLINARY APPEALS IN THE FOLLOWING APPEAL IS AFFIRMED:
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21-0990
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MARIO A. MATA v. COMMISSION FOR LAWYER DISCIPLINE (BODA Cause No. 64651)
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