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THE SUPREME COURT OF TEXAS
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Orders Pronounced September 30, 2022
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ORDERS ON CAUSES
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THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:
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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, 634 SW3d 760, 09-05-19)
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(Justice Lehrmann 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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ORDERS ON CASES GRANTED
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THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
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21-0534
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UNIVERSITY OF TEXAS SYSTEM v. THE FRANKLIN CENTER FOR GOVERNMENT AND PUBLIC INTEGRITY AND JON CASSIDY; from Travis County; 3rd Court of Appeals District (03-19-00362-CV, ___ SW3d ___, 12-22-20)
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[Note: This case has been set for oral argument at 9:00 a.m., January 11, 2023.]
Time allotted to argue: 20/20 minutes
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(Justice Blacklock not participating)
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21-0755
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HOUSTON POLICE OFFICERS' UNION; CITY OF HOUSTON; MAYOR SYLVESTER TURNER, COUNCIL MEMBERS AMY PECK, TARSHA JACKSON, ABBIE KAMIN, CAROLYN EVANS-SHABAZZ, DAVE MARTIN, TIFFANY D. THOMAS. GREG TRAVIS, KARLA CISNEROS, ROBERT GALLEGOS, EDWARD POLLARD, MARTHA CASTEX-TATUM, MIKE KNOX, DAVID ROBINSON, MICHAEL KUBOSH, LETITIA PLUMMER, AND SALLIE ALCORN; CONTROLLER CHRIS BROWN; AND FINANCE DEPARTMENT DIRECTOR TANTRI EMO v. HOUSTON PROFESSIONAL FIRE FIGHTERS’ ASSOCIATION IAFF LOCAL 341, PATRICK “MARTY” LANCTON, GABRIEL ANGEL DOMINGUEZ, ROY ANTHONY CORMIER, BRIAN RAY WILCOX, AND DELANCE SHAW; from Harris County; 14th Court of Appeals District (14-19-00427-CV, 651 SW3d 41, 07-29-21)
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- consolidated for oral argument with 21-0518 -
[Note: This case has been set for oral argument at 9:00 a.m., November 29, 2022.]
Time allotted to argue: 30/30 minutes
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(Justice Huddle and Justice Young not participating)
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21-1047
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ALCUS RESHOD FORTENBERRY v. GREAT DIVIDE INSURANCE COMPANY; from Dallas County; 5th Court of Appeals District (05-19-01541-CV, ___ SW3d ___, 07-26-21)
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[Note: This case has been set for oral argument at 9:00 a.m., January 11, 2023.]
Time allotted to argue: 20/20 minutes
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22-0397
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MICHAEL MOTHERAL IN HIS OFFICIAL CAPACITY AS CHAIR OF THE UIL STATE EXECUTIVE COMMITTEE, ET AL. v. JENNIFER BLACK, ET AL.; from Travis County; 3rd Court of Appeals District (03-21-00671-CV, ___ SW3d ___, 05-06-22)
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petitioners' motion to vacate granted
Pursuant to Texas Rule of Appellate Procedure 56.2, after granting the petition for review and without hearing oral argument or considering the merits, the Court vacates the court of appeals’ judgment and the trial court’s temporary injunction, dismisses the case as moot, and vacates the court of appeals’ opinion. See Morath v. Lewis, 601 S.W.3d 785, 792 (Tex. 2020).
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22-0420
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IN THE INTEREST OF J.S., A CHILD; from Kaufman County; 5th Court of Appeals District (05-21-00898-CV, ___ SW3d ___, 03-03-22)
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motion for rehearing granted
denial of petition for review on June 10, 2022, withdrawn
petition reinstated
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[Note: This case has been set for oral argument at 9:00 a.m., January 11, 2023.]
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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21-0818
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SUN LOANS, INC. v. JUANA LIZETH RIOS PINA; from Bexar County; 4th Court of Appeals District (04-20-00336-CV, ___ SW3d ___, 08-04-21)
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21-0997
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CITGO PETROLEUM CORPORATION v. GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS; AND KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS; from Travis County; 3rd Court of Appeals District (03-21-00011-CV, 636 SW3d 281, 10-14-21)
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21-1007
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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. TEXAS WESTMORELAND COAL CO.; from Travis County; 3rd Court of Appeals District (03-20-00406-CV, 636 SW3d 61, 10-07-21)
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22-0025
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TEXAS DEPARTMENT OF PUBLIC SAFETY v. LINDA K. GIBSON; from Hays County; 3rd Court of Appeals District (03-20-00383-CV, ___ SW3d ___, 12-02-21)
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22-0047
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CITY OF AMARILLO, AND JARED MILLER, IN HIS OFFICIAL CAPACITY AS CITY MANAGER v. MICHAEL BRANDON STENNETT; from Potter County; 7th Court of Appeals District (07-20-00315-CV, 639 SW3d 760, 11-18-21)
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22-0127
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ZACHARY MYERS AND DART FROG, LLC v. TAHITIAN VILLAGE PROPERTY OWNERS ASSOCIATION, INC.; AND TAHITIAN VILLAGE ARCHITECTURAL CONTROL COMMITTEE; from Bastrop County; 3rd Court of Appeals District (03-21-00105-CV, ___ SW3d ___, 01-06-22)
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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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22-0167
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DEWOLFF, BOBERG & ASSOCIATES, INC. v. WILLIAM J. KANEN; from Dallas County; 5th Court of Appeals District (05-20-00126-CV, ___ SW3d ___, 01-18-22)
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22-0218
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KIRK LAUNIUS v. DIANA FLORES, IN HER OFFICIAL CAPACITY AS PRESIDING OFFICER, CHAIR OF TRUSTEES, OF DALLAS COUNTY COMMUNITY COLLEGE DISTRICT; from Dallas County; 5th Court of Appeals District (05-21-00210-CV, 640 SW3d 631, 02-01-22)
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22-0223
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LYLE B. MURPHEY, TRUSTEE OF THE LYLE BERNHARDT MURPHEY TRUST UNDER AGREEMENT DATED MAY 2, 2002; AND LYLE B. MURPHEY, INDIVIDUALLY v. OLD DOLLAR PROPERTIES, LLC; from Travis County; 13th Court of Appeals District (13-19-00530-CV, ___ SW3d ___, 02-03-22)
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22-0376
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IN THE MATTER OF THE MARRIAGE OF EPHRAIM KARSAGI AND ALYSSA LYN KARSAGI AND IN THE INTEREST OF E.B.K. AND A.Y.K., CHILDREN; from Brazos County; 13th Court of Appeals District (13-20-00077-CV, ___ SW3d ___, 03-24-22)
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22-0550
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DHRUTI B. PATEL, M.D. v. MICHAEL BAKER, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF DEANNE BAKER, DECEASED; from Harris County; 14th Court of Appeals District (14-21-00177-CV, ___ SW3d ___, 05-24-22)
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22-0575
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IN THE ESTATE OF WILLIAM LOUIS SUROVIK, JR., DECEASED; from Burleson County; 7th Court of Appeals District (07-20-00226-CV, ___ SW3d ___, 04-22-22)
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22-0576
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IN THE ESTATE OF WILLIAM LOUIS SUROVIK, JR., DECEASED; from Burleson County; 7th Court of Appeals District (07-20-00271-CV, ___ SW3d ___, 04-22-22)
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22-0577
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IN THE ESTATE OF WILLIAM LOUIS SUROVIK, JR., DECEASED; from Burleson County; 7th Court of Appeals District (07-20-00321-CV, ___ SW3d ___, 04-22-22)
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22-0578
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IN THE ESTATE OF WILLIAM LOUIS SUROVIK, JR., DECEASED; from Burleson County; 7th Court of Appeals District (07-20-00320-CV, ___ SW3d ___, 04-22-22)
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22-0579
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IN THE ESTATE OF WILLIAM LOUIS SUROVIK, JR., DECEASED; from Burleson County; 7th Court of Appeals District (07-20-00347-CV, ___ SW3d ___, 04-22-22)
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22-0580
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QTAT BPO SOLUTIONS, INC. v. LITIGATION & RECORDS SERVICES, LLC; JAMES LEE, JR.; JAMES LEE LAW FIRM, PC; LEE & MURPHY LAW FIRM, GP; CLAYTON A. CLARK; CLAYTON A. CLARK, ESQ., PC; AND CLARK LOVE & HUTSON, GP; from Harris County; 14th Court of Appeals District (14-20-00558-CV, 524 SW3d 770, 04-28-22)
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22-0595
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S.S. v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Bell County; 3rd Court of Appeals District (03-21-00695-CV, ___ SW3d ___, 07-08-22)
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22-0607
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IN THE INTEREST OF B.C.S., A CHILD; from Bexar County; 4th Court of Appeals District (04-21-00544-CV, ___ SW3d ___, 06-08-22)
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22-0619
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JODY MCINTYRE v. ERIK M. HAGER, JASON RIOS, EDUARDO PENA, JOANNA PENA, AND SOUTH PADRE TOWING AND RECOVERY, LLC; from Cameron County; 13th Court of Appeals District (13-21-00288-CV, ___ SW3d ___, 04-28-22)
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22-0659
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IN THE ESTATE OF JOSEPH ALBERT COUGOT, DECEASED; from Walker County; 8th Court of Appeals District (08-22-00007-CV, ___ SW3d ___, 07-21-22)
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22-0763
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IN THE INTEREST OF J.M.T., A CHILD; from Bexar County; 4th Court of Appeals District (04-22-00104-CV, ___ SW3d ___, 08-03-22)
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22-0765
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IN THE INTEREST OF M.D.W., JR., A CHILD; from Hutchinson County; 7th Court of Appeals District (07-22-00083-CV, ___ SW3d ___, 07-26-22)
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22-0809
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IN THE INTEREST OF J.M.H., A CHILD; from Dallas County; 5th Court of Appeals District (05-22-00167-CV, ___ SW3d ___, 08-02-22)
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22-0825
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IN THE INTEREST OF A.S., A CHILD; from Tarrant County; 2nd Court of Appeals District (02-22-00083-CV, ___ SW3d ___, 08-04-22)
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motion to withdraw as counsel granted
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22-0829
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IN THE INTEREST OF P.S., A CHILD; from Hutchinson County; 7th Court of Appeals District (07-22-00167-CV, ___ SW3d ___, 08-19-22)
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motion to withdraw as counsel granted
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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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22-0422
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MARTHA ANNE WOOLUM v. MICHAEL W. AULT, DONALD AULT AND STATE FARM INS.; from Dallas County; 5th Court of Appeals District (05-22-00075-CV, ___ SW3d ___, 04-13-22)
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THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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22-0335
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IN RE WYLIE “SCOOTER” CHEATHAM, CAROLYN ANDERSON, RONALD BARNARD, ALBERTA SHELTON, ROGER DALE LINEBARGER, JACKSON WALSH, STELLA YOUNG, KENNETH BURRIS, JENNIFER MUSHTALER, MAHMOOD WADIWALA, YASSIN SIBAI, NELSON SHIPLEY, MELVIN MASON; from Travis County; 3rd Court of Appeals District (03-22-00242-CV, ___ SW3d ___, 05-04-22)
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22-0498
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IN RE BRET HART AND AMY HART; from Tarrant County; 2nd Court of Appeals District (02-22-00132-CV, ___ SW3d ___, 05-04-22)
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22-0593
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IN RE WILLIAM M. WINDSOR; from McLennan County; 10th Court of Appeals District (10-22-00115-CV, ___ SW3d ___, 05-11-22)
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22-0604
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IN RE WILLIAM M. WINDSOR; from McLennan County; 10th Court of Appeals District (10-22-00115-CV, ___ SW3d ___, 05-11-22)
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THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR REVIEW IS DISMISSED:
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21-0310
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MICHAEL A. RUFF v. SUZANN RUFF; from Palo Pinto County; 11th Court of Appeals District (11-20-00122-CV, ___ SW3d ___, 02-04-21)
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MISCELLANEOUS
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THE FOLLOWING DIRECT APPEAL IS DISMISSED:
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22-0793
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STEPHANIE A. DIETZ v. LAURIE LEISTER, ET AL.; from Jefferson County
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See TEX. R. APP. P. 57.4 and 57.5
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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22-0366
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IN RE WALNUT HILL PHYSICIANS' HOSPITAL, LLC, D/B/A WALNUT HILL MEDICAL CENTER; from Dallas County; 5th Court of Appeals District (05-21-00695-CV, ___ SW3d ___, 04-22-22)
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stay order issued June 24, 2022, lifted
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22-0614
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IN RE DAVID BARNES; from Dallas County; 5th Court of Appeals District (05-22-00287-CV, ___ SW3d ___, 05-31-22)
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22-0701
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IN RE MELISSA LARSEN; from Dallas County
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motion to expedite granted
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See TEX. R. APP. P. 52.3(e)
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22-0812
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IN RE LAURA PRESSLEY INDIVIDUALLY AND IN HER OFFICIAL CAPACITY, TRUE TEXAS ELECTIONS POLITICAL ACTION COMMITTEE, ROBIN HAYES IN HER OFFICIAL CAPACITY, RUTH YORK IN HER OFFICIAL CAPACITY, AND DEBRA DAMMAN IN HER OFFICIAL CAPACITY
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relators' emergency motion to prioritize dismissed as moot
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See In re Khanoyan, 637 S.W.3d 762, 764-65 (Tex. 2022); In re Self, __ S.W.3d __, 2022 WL 3692676, *1-2 (Tex. Aug. 26, 2022).
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22-0816
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IN RE DEIRDRE GILBERT; from Travis County; 3rd Court of Appeals District (03-22-00554-CV, ___ SW3d ___, 09-20-22)
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as amended
motion to amend granted
motion for temporary injunction denied
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22-0855
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IN RE ROBERTO YBARRA; from Montgomery County; 9th Court of Appeals District (09-22-00212-CV, ___ SW3d ___, 08-25-22)
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expedited motion to stay trial denied
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A STAY IS ISSUED IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS:
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22-0280
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IN RE FRANCISCO GONZALEZ; from Tarrant County; 2nd Court of Appeals District (02-22-00051-CV, ___ SW3d ___, 02-25-22)
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relator's unopposed motion for temporary relief granted
stay order issued
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[Note: The petition for writ of mandamus remains pending before this Court.]
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