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THE SUPREME COURT OF TEXAS
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Orders Pronounced March 10, 2023
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ORDERS ON CAUSES
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20-0904
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DEVON ENERGY PRODUCTION COMPANY, L.P., F/K/A GEOSOUTHERN DEWITT PROPERTIES, LLC, BPX PROPERTIES (NA) LP, GEOSOUTHERN ENERGY CORPORATION, AND BPX PRODUCTION COMPANY v. MICHAEL A. SHEPPARD, ET AL.; from De Witt County; 13th Court of Appeals District (13-19-00036-CV, ___ SW3d ___, 10-22-20)
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The Court affirms the court of appeals' judgment.
Justice Devine delivered the opinion of the Court, in which Chief Justice Hecht, Justice Lehrmann, Justice Boyd, Justice Busby, Justice Bland, and Justice Huddle joined.
Justice Blacklock filed a dissenting opinion.
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(Justice Young not participating)
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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, 647 SW3d 710, 10-15-20)
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The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Young delivered the opinion of the Court.
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THE MOTION IN THE FOLLOWING CAUSE IS GRANTED:
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22-0102
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THE CITY OF DALLAS v. THE EMPLOYEES' RETIREMENT FUND OF THE CITY OF DALLAS; from Dallas County; 5th Court of Appeals District (05-20-00494-CV, 636 SW3d 692, 10-29-21)
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respondent's unopposed motion to postpone oral argument granted
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[Note: The date and time for oral argument are yet to be determined.]
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ORDERS ON CASES GRANTED
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THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
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21-0676
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STEVE HUYNH, INDIVIDUALLY, YVONNE HUYNH, INDIVIDUALLY HUYNH POULTRY FARM, LLC D/B/A STEVE THI HUYNH POULTRY FARM D/B/A HUYNH POULTRY FARM, T & N POULTRY FARM, LLC, THINH BAO NGUYEN, INDIVIDUALLY, TIMMY HUYNH POULTRY FARM, TIMMY HUYNH, INDIVIDUALLY AND SANDERSON FARMS, INC. v. FRANK BLANCHARD, ANGELIA SNOW, TANYA BERRY, KIMBERLY RILEY, JOHN MILLER, AMY MILLER, CHAD MARTINEZ, EMILY MARTINEZ, MERSINI BLANCHARD, MALAKOFF PROPERTIES, LLC, AND RONNY SNOW; from Henderson County; 12th Court of Appeals District (12-20-00198-CV, ___ SW3d ___, 07-30-21)
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[Note: The date and time for oral argument are yet to be determined.]
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22-0242
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EVE LYNN BAKER v. TERRY LEE BIZZLE; from Denton County; 2nd Court of Appeals District (02-20-00075-CV, ___ SW3d ___, 01-13-22)
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[Note: The date and time for oral argument are yet to be determined.]
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22-0435
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DOROTHY HAMPTON v. LEONARD THOME; from Jefferson County; 9th Court of Appeals District (09-20-00022-CV, ___ SW3d ___, 03-17-22)
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~ consolidated for oral argument with ~
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22-0609
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ACADIAN AMBULANCE SERVICE, INC. AND ACADIAN AMBULANCE SERVICE OF TEXAS, LLC v. GARY LEW MAYPOLE, SR., INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF GARY LEW MAYPOLE II, DECEASED, AND TAMARA JEAN MAYPOLE AS NEXT FRIEND OF H.K.M. AND D.T.M., MINORS; from Dallas County; 5th Court of Appeals District (05-18-00539-CV, 647 SW3d 533, 06-10-22)
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[Note: The date and time for oral argument are yet to be determined.]
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22-0437
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TEXAS HEALTH AND HUMAN SERVICES COMMISSION v. ESTATE OF CLYDE L. BURT, LINDA S. WALLACE, EXECUTOR, AND LINDA S. WALLACE; from Travis County; 3rd Court of Appeals District (03-20-00462-CV, 644 SW3d 888, 04-21-22)
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[Note: The date and time for oral argument are yet to be determined.]
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THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS SET FOR ORAL ARGUMENT:
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22-0656
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IN RE METROPOLITAN WATER COMPANY, L.P. AND MET WATER VISTA RIDGE, L.P.; from Washington County; 14th Court of Appeals District (14-22-00226-CV, ___ SW3d ___, 08-04-22)
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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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22-0003
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GARY AND THERESA POENISCH FAMILY LIMITED PARTNERSHIP v. TMH LAND SERVICES, INC.; from Karnes County; 4th Court of Appeals District (04-20-00300-CV, ___ SW3d ___, 09-15-21)
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22-0164
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RANCHO VIEJO CATTLE COMPANY, LTD. AND RANCHO VIEJO WASTE MANAGEMENT, LLC. v. ANB CATTLE COMPANY, LTD.; from Webb County; 4th Court of Appeals District (04-20-00143-CV, 642 SW3d 850, 09-29-21)
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(Justice Huddle and Justice Young not participating)
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22-0277
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CATHERINE GALVAN v. VALERIE GRAY AND 1720 W. ANDERSON LANE, L.L.C.; from Travis County; 3rd Court of Appeals District (03-19-00773-CV, ___ SW3d ___, 10-29-21)
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22-0375
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TERRILL W. PUTNAM v. CITY OF GEORGETOWN, TEXAS; DALE ROSS, MAYOR OF THE CITY OF GEORGETOWN; AND DAVID MORGAN, CITY MANAGER OF THE CITY OF GEORGETOWN; from Williamson County; 8th Court of Appeals District (08-20-00171-CV, 646 SW3d 61, 03-25-22)
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22-0454
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THE BANK OF NEW YORK MELLON, F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS, INC., ASSET- BACKED CERTIFICATES, SERIES 2006-23 v. JOHN LANDER; from Bexar County; 13th Court of Appeals District (13-20-00466-CV, ___ SW3d ___, 02-24-22)
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22-0507
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BERIT MCMILLAN AND GERALD MCMILLAN v. TALLY TWO INVESTMENT GROUP, LLC; CCRE, LLC; NLB INVESTMENTS, INC.; JRSW1 LTD.; RICE CAPITAL, LLC SERIES 7; EQUITY TRUST COMPANY CUSTODIAN FBO DAVID BLAKELY IRA; AND MOONEY-GLASGOW, LP; from Travis County; 3rd Court of Appeals District (03-20-00452-CV, ___ SW3d ___, 02-03-22)
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(Justice Lehrmann not participating)
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22-0547
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J. MICHAEL TINER AND MARTHA TINER v. CYNTHIA TINER JOHNSON; from Van Zandt County; 12th Court of Appeals District (12-21-00174-CV, 647 SW3d 103, 06-08-22)
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22-0712
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LANDMARK AMERICAN INSURANCE COMPANY, VERICLAIM, INC. AND JASON ROBERTS KEEN v. RICHLAND TRACE OWNERS ASSOCIATION; from Dallas County; 5th Court of Appeals District (05-20-00944-CV, ___ SW3d ___, 04-11-22)
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(Justice Lehrmann not participating)
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22-0717
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TRIPLE B SERVICES, LLP v. CITY OF CONROE; from Montgomery County; 9th Court of Appeals District (09-21-00096-CV, ___ SW3d ___, 07-14-22)
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22-0759
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CITY OF BIG SPRING, TEXAS v. FABIAN SCOTT BUTLER; from Howard County; 11th Court of Appeals District (11-21-00026-CV, 652 SW3d 149, 07-28-22)
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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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22-0823
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CRYSTAL RENEA DODSON v. ECTOR COUNTY, TEXAS; from Ector County; 11th Court of Appeals District (11-20-00227-CV, ___ SW3d ___, 08-04-22)
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22-0900
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IN THE INTEREST OF G.W., A CHILD; from Tarrant County; 2nd Court of Appeals District (02-22-00181-CV, ___ SW3d ___, 09-29-22)
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22-0909
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JOHN JOSEPH PESCE v. ROBYN DARCY PESCE; from Travis County; 3rd Court of Appeals District (03-22-00284-CV, ___ SW3d ___, 08-31-22)
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22-0924
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VISION ASSOCIATES OF SOUTH TEXAS P.A. D/B/A SOUTH TEXAS EYE INSTITUTE; AND LISA MARTEN, M.D. v. SAN ANTONIO EYE CENTER, P.A. D/B/A HARRIS OPTICAL; SOUTH TEXAS TOTAL EYE CARE, P.A.; ALBERT CASTILLO; AND SANFORD ROBERTS II, M.D.; from Bexar County; 4th Court of Appeals District (04-22-00078-CV, ___ SW3d ___, 08-31-22)
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22-0926
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HOUSTON FIREFIGHTERS' RELIEF AND RETIREMENT FUND v. CITY OF HOUSTON AND THE STATE OF TEXAS; from Harris County; 1st Court of Appeals District (01-20-00710-CV, ___ SW3d ___, 08-30-22)
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22-0947
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PAMELA E. CARIAS v. AMANDA KAY OWENS; from Montgomery County; 9th Court of Appeals District (09-21-00201-CV, ___ SW3d ___, 09-08-22)
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22-0951
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S.B., J.B., AND C.C. v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Blanco County; 3rd Court of Appeals District (03-22-00156-CV, 654 SW3d 246, 09-15-22)
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22-0998
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IN RE COMMITMENT OF DANIEL MARK GAGLIARDO, JR.; from Smith County; 12th Court of Appeals District (12-22-00015-CV, ___ SW3d ___, 07-29-22)
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22-1077
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IN RE GUARDIANSHIP OF JOYCE MARGOL, AN ALLEGED INCAPACITATED PERSON; from Dallas County; 5th Court of Appeals District (05-21-00255-CV, ___ SW3d ___, 06-16-22)
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22-1130
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IN THE INTEREST OF S.A. AND R.T., CHILDREN; from Angelina County; 12th Court of Appeals District (12-22-00111-CV, ___ SW3d ___, 10-31-22)
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22-1148
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ELTON SENEGAL D/B/A ELTON'S CONSTRUCTION v. LANCE AND LISA BELONEY; from Walker County; 10th Court of Appeals District (10-21-00058-CV, ___ SW3d ___, 11-02-22)
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22-1171
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CRESSON INTEREST, LLC v. DONALD "ROOSTER" AND LORI BEANE; from Hood County; 2nd Court of Appeals District (02-21-00366-CV, ___ SW3d ___, 08-31-22)
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23-0003
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MICHELE DIBASSIE v. DAMON DIBASSIE; from Montgomery County; 9th Court of Appeals District (09-20-00287-CV, ___ SW3d ___, 11-17-22)
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23-0035
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IN THE MATTER OF W.A.M.P.; from Harris County; 14th Court of Appeals District (14-21-00105-CV, ___ SW3d ___, 12-20-22)
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23-0046
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RAN LI v. YAXIN LI; from Tarrant County; 2nd Court of Appeals District (02-22-00382-CV, ___ SW3d ___, 11-10-22)
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23-0058
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IN THE INTEREST OF T.J.; from Liberty County; 9th Court of Appeals District (09-22-00224-CV, ___ SW3d ___, 12-08-22)
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23-0068
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IN THE INTEREST OF D.L.Q., A CHILD; from Bexar County; 4th Court of Appeals District (04-22-00367-CV, ___ SW3d ___, 12-14-22)
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23-0076
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IN THE INTEREST OF K.T.R., A CHILD; from McLennan County; 10th Court of Appeals District (10-22-00219-CV, ___ SW3d ___, 12-21-22)
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23-0164
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IN THE INTEREST OF H.N.G., R.S.G., R.A.T., AND J.M.T., CHILDREN; from Bexar County; 4th Court of Appeals District (04-22-00445-CV, ___ SW3d ___, 01-11-23)
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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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21-1115
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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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22-0544
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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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22-0586
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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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MISCELLANEOUS
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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21-1000
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IN RE BRAD LARSEN, RENT WERX LLC D/B/A LARSEN PROPERTIES AND LEAH LARSEN; from Bexar County; 4th Court of Appeals District (04-21-00046-CV, 635 SW3d 386, 05-05-21)
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22-0931
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IN RE PEOPLE'S MANAGEMENT OF TEXAS 1, LTD.; from Webb County; 4th Court of Appeals District (04-22-00211-CV, ___ SW3d ___, 09-21-22)
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22-1033
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IN RE TROJAN GROUP CONTRACTOR, INC.; from Montgomery County; 9th Court of Appeals District (09-22-00295-CV, ___ SW3d ___, 10-20-22)
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23-0165
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IN RE LAURA PRESSLEY INDIVIDUALLYAS A VOTER AND CANDIDATE, AND IN HER OFFICIAL CAPACITY AS TREASURER, TRUE TEXAS ELECTIONS POLITICAL ACTION COMMITTEE
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THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED:
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21-0282
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IN RE MICAH MCKINNEY; from Gillespie County; 4th Court of Appeals District (04-20-00529-CV, ___ SW3d ___, 01-27-21)
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abatement order issued April 9, 2021, lifted
mandamus reinstated
relator's motion to dismiss granted
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THE FOLLOWING PETITION FOR WRIT OF HABEAS CORPUS IS DENIED:
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22-1076
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IN RE THE COMMITMENT OF TIMOTHY DANIEL RENSHAW; from Wood County; 6th Court of Appeals District (06-22-00079-CV, ___ SW3d ___, 11-01-22)
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THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS ABATED:
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22-1051
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IN RE LUBBOCK PREMIERE CINEMA, LP AND LUBBOCK PREMIERE CINEMA, LLC; from Howard County; 11th Court of Appeals District (11-22-00268-CV)
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joint motion to abate Proceedings granted
abatement order issued
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[Note: This case is removed from the Court's active docket until May 9, 2023, by which time the parties must file either a status report or a motion to dismiss.]
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THE FOLLOWING APPEAL FROM A DECISION OF THE BOARD OF DISCIPLINARY APPEALS IS DISMISSED FOR WANT OF PROSECUTION:
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22-0840
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CHERYL D. BROWN-RAINES v. COMMISSION FOR LAWYER DISCIPLINE (BODA Cause No. 66093)
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