Supreme Court
October 3, 2014
THE SUPREME COURT OF TEXAS
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Orders Pronounced October 3, 2014
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ORDERS ON CAUSES
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13-0158
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FORD MOTOR COMPANY v. EZEQUIEL CASTILLO, INDIVIDUALLY, MARIA DE LOS ANGELES CASTILLO, INDIVIDUALLY AND AS NEXT FRIEND FOR A.C. AND E.C., AND ROSA SILVIA MARTINEZ, INDIVIDUALLY; from Cameron County; 13th Court of Appeals District (13-10-00232-CV, ___ SW3d ___, 01-24-13)
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motion for rehearing granted
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The Court's opinion and judgment issued June 20, 2014 are withdrawn and the opinion and judgment of this date are substituted.
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 View Electronic Briefs |
Oral Argument N/A
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13-0277
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DAKOTA PIKE-GRANT v. JEFFREY ALAN GRANT; from Val Verde County; 4th Court of Appeals District (04-12-00315-CV, ___ SW3d ___, 02-13-13)
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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 View Electronic Briefs |
Oral Argument N/A
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THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:
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12-0289
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HMC HOTEL PROPERTIES II LIMITED PARTNERSHIP AND HOST HOTELS & RESORTS, L.P., F/K/A HOST MARRIOTT, L.P. v. KEYSTONE-TEXAS PROPERTY HOLDING CORPORATION; from Bexar County; 4th Court of Appeals District (04-10-00620-CV, ___ SW3d ___, 11-23-11)
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12-0739
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AMERICO LIFE, INC., AMERICO FINANCIAL LIFE AND ANNUITY INSURANCE COMPANY, GREAT SOUTHERN LIFE INSURANCE COMPANY, THE OHIO STATE LIFE INSURANCE COMPANY, AND NATIONAL FARMERS UNION LIFE INSURANCE COMPANY v. ROBERT L. MYER AND STRIDER MARKETING GROUP, INC.; from Dallas County; 5th Court of Appeals District (05-08-01053-CV, 371 SW3d 537, 06-06-12)
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12-0957
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IN RE FORD MOTOR COMPANY; from Hidalgo County; 13th Court of Appeals District (13-12-00624-CV, ___ SW3d ___, 11-20-12)
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12-1002
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MARCIA FULLER FRENCH, ET AL. v. OCCIDENTAL PERMIAN LTD.; from Scurry County; 11th Court of Appeals District (11-10-00282-CV, 391 SW3d 215, 10-31-12)
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13-0073
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IN RE JOHN DOE A/K/A “TROOPER”; from Harris County; 1st Court of Appeals District (01-11-00683-CV, ___ SW3 ___, 05-18-12)
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13-0638
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FRANKIE SIMS, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED; AND PATSY SIMS, ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED v. CARRINGTON MORTGAGE SERVICES, L.L.C.
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THE MOTION IN THE FOLLOWING CAUSE IS DENIED:
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13-0043
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ROBERT KINNEY v. ANDREW HARRISON BARNES (A/K/A A. HARRISON BARNES, A.H. BARNES, ANDREW H. BARNES, HARRISON BARNES), BCG ATTORNEY SEARCH, INC., EMPLOYMENT CROSSING, INC. AND JD JOURNAL, INC.; from Travis County; 3rd Court of Appeals District (03-10-00657-CV, ___ SW3d ___, 11-21-12)
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motion to stay execution of mandate denied
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ORDERS ON CASES GRANTED
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THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
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12-0987
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GHARDA USA, INC. AND GHARDA CHEMICALS, LTD. v. CONTROL SOLUTIONS, INC., UNITED PHOSPHORUS, INC. AND MARK BOYD; from Harris County; 1st Court of Appeals District (01-10-00719-CV, 394 SW3d 127, 08-16-12)
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[Note: This case has been set for oral argument at 9:00 a.m., December 10, 2014.]
Time allotted to argue: 20/20 minutes |
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13-0584
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SOUTHWESTERN BELL TELEPHONE, L.P. D/B/A AT&T TEXAS v. ED EMMETT, EL FRANCO LEE, SYLVIA GARCIA, STEVE RADACK, AND JERRY EVERSOLE, AS MEMBERS OF THE HARRIS COUNTY COMMISSIONERS’ COURT; MICHAEL MARCOTTE, AS DIRECTOR OF THE CITY OF HOUSTON DEPARTMENT OF PUBLIC WORKS AND ENGINEERING AND CITY OF HOUSTON; from Harris County; 14th Court of Appeals District (14-11-01115-CV, ___SW3d___, 05-09-13)
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[Note: This case has been set for oral argument at 9:00 a.m., December 10, 2014.]
Time allotted to argue: 20/20 minutes |
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(Justice Brown not sitting)
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13-0593
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TEXAS STUDENT HOUSING AUTHORITY v. BRAZOS COUNTY APPRAISAL DISTRICT AND APPRAISAL REVIEW BOARD FOR BRAZOS COUNTY APPRAISAL DISTRICT; from Brazos County; 7th Court of Appeals District (07-11-00421-CV, ___ SW3d ___, 06-27-13)
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2 petitions
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[Note: This case has been set for oral argument at 9:00 a.m., December 10, 2014.]
Time allotted to argue: 20/20 minutes |
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13-0711
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JAW THE POINTE, LLC v. LEXINGTON INSURANCE COMPANY; from Galveston County; 14th Court of Appeals District (14-11-00881-CV, ___Sw3d___, 08-01-13)
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[Note: This case has been set for oral argument at 9:00 a.m., January 13, 2015.]
Time allotted to argue: 20/20 minutes |
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13-0967
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S.A.S. AND L.O.S., INDIVIDUALLY AND AS NEXT FRIENDS OF E.R.S. AND E.L.S., THEIR MINOR CHILDREN v. BETH BRYANT, ATASCOCITA UNITED METHODIST CHURCH AND THE WEEKDAY LEARNING CENTER; from Harris County; 1st Court of Appeals District (01-12-00189-CV, 416 SW3d 52, 10-22-13)
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[Note: This case has been set for oral argument at 9:00 a.m., January 13, 2015.]
Time allotted to argue: 20/20 minutes |
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14-0095
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WAYNE VENTLING v. PATRICIA M. JOHNSON; from Nueces County; 13th Court of Appeals District (13-12-00398-CV, ___ SW3d ___, 12-19-13)
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[Note: This case has been set for oral argument at 9:00 a.m., January 13, 2015.]
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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13-0112
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CHARLOTTE HEARN v. KATHRYN SNAPKA; from Nueces County; 13th Court of Appeals District (13-11-00332-CV, ___ SW3d ___, 12-28-12)
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13-0309
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CELESTE GRYNBERG AND JACK J. GRYNBERG D/B/A GRYNBERG PETROLEUM v. M-I L.L.C.; from Harris County; 13th Court of Appeals District (13-11-00195-CV, 398 SW3d 864, 12-28-12)
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2 petitions
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13-0355
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GULF CHEMICAL & METALLURGICAL CORPORATION v. MINER DEDERICK CONSTRUCTION, LLP; from Harris County; 1st Court of Appeals District (01-11-00325-CV, 403 SW3d 451, 04-11-13)
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13-0364
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GARDEN RIDGE, L.P. v. ADVANCE INTERNATIONAL, INC., AND HERBERT A. FEINBERG; from Harris County; 14th Court of Appeals District (14-11-00624-CV, 403 SW3d 432, 04-09-13)
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13-0495
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DYNEX COMMERCIAL, INC. v. BASIC CAPITAL MANAGEMENT, INC., AMERICAN REALTY TRUST, INC., AND TRANSCONTINENTAL REALTY INVESTORS, INC.; from Dallas County; 5th Court of Appeals District (05-04-01358-CV, 402 SW3d 257, 02-13-13)
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13-0571
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GLENNA SUE TERRY v. LESLIE GLOVER; from Hopkins County; 6th Court of Appeals District (06-12-00105-CV, 403 SW3d 907, 06-14-13)
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13-0596
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KACHINA PIPELINE COMPANY, INC. v. MICHAEL D. LILLIS; from Concho County; 3rd Court of Appeals District (03-10-00784-CV, ___ SW3d ___, 06-18-13)
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13-0697
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SAN JUAN INSURANCE AGENCY, INC. D/B/A VALLEY INSURANCE PROVIDERS v. BRANNAN PAVING GP, LLC, D/B/A BRANNAN PAVING COMPANY, PAVEMENT MARKINGS, INC. AND LEICHT GENERAL AGENCY; from Hidalgo County; 13th Court of Appeals District (13-11-00005-CV, ___SW3d___, 07-25-13)
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2 petitions
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(Justice Green not sitting) |
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13-0726
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MELVIN ALLARD LIPSITZ v. MIKE MCCURLEY, CARMEN ELAINE EIKER, R. SCOTT DOWNING, AND MCCURLEY, ORSINGER, MCCURLEY, NELSON & DOWNING, L.L.P.; from Dallas County; 5th Court of Appeals District (05-11-00714-CV, ___ SW3d ___, 08-22-13)
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(Justice Green not sitting)
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13-0745
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GREATER HOUSTON PARTNERSHIP v. GREG ABBOTT, TEXAS ATTORNEY GENERAL AND JIM JENKINS; from Travis County; 3rd Court of Appeals District (03-11-00130-CV, 407 SW3d 776, 01-31-13)
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13-0755
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CITY OF SAN ANTONIO v. MEI-CHIAO CHEN WU, RICHARD HSU, MAYA HSU AND TZYY-WEN HZY; from Bexar County; 4th Court of Appeals District (04-10-00836-CV, ___SW3d___, 08-14-13)
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13-0848
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EDUCAP, INC. v. JOANNA SANCHEZ; from Harris County; 1st Court of Appeals District (01-12-01033-CV, ___ SW3d ___, 06-25-13)
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(Justice Johnson not sitting) |
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13-0880
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MANCHESTER PLATINUM MANAGEMENT, INC., TODD ALLAN DEVILLENEUVE AND ALLEN R. DEVILLENEUVE v. COMPASS BANK; from Dallas County; 5th Court of Appeals District (05-11-00912-CV, ___ SW3d ___, 08-13-13)
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13-0893
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JENNIFER MARIE BOTELLO AND EDMOND M. YBARRA, INDIVIDUALLY AND AS NEXT FRIENDS OF Y.M.Y., A MINOR CHILD v. CHRISTUS SANTA ROSA HEALTH CARE CORPORATION; from Bexar County; 4th Court of Appeals District (04-13-00124-CV, 424 SW3d 117, 11-13-13)
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13-0902
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CATHAY BANK v. LYDA SWINERTON BUILDERS, INC.; from Harris County; 14th Court of Appeals District (14-12-00163-CV, 409 SW3d 221, 08-13-13)
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(Justice Green and Justice Brown not sitting) |
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13-0945
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ROBERT HOLMES v. CRAIG CASSEL; from Harris County; 14th Court of Appeals District (14-12-00964-CV, ___ SW3d ___, 08-15-13)
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13-0988
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SUZANNE KEARNS DEWALT v. THE STATE OF TEXAS; from Comal County; 3rd Court of Appeals District (03-12-00785-CR, ___ SW3d ___, 11-07-13)
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14-0091
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SENTINEL INTEGRITY SOLUTIONS, INC. v. MISTRAS GROUP, INC., JODY W. OLSON, AND CAREY ROBERTS; from Harris County; 1st Court of Appeals District (01-12-00370-CV, ___SW3d___, 10-22-13)
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14-0192
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ANDREA CROWSON v. THOMAS D. CROWSON, BARRETT AND COBLE, ATTORNEYS AT LAW, JOHN BARRETT AND KATHLEEN DEBRA COBLE; from Travis County; 3rd Court of Appeals District (03-11-00795-CV, ___SW3d___, 12-13-13)
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14-0197
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WASHINGTON SQUARE FINANCIAL, LLC D/B/A IMPERIAL STRUCTURED SETTLEMENTS v. RSL FUNDING, LLC; from Harris County; 14th Court of Appeals District (14-12-00683-CV; 14-12-00702-CV, ___SW3d___, 12-12-13)
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14-0224
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LEVERICH LIQUIDATION COMPANY, L.L.C. ASSIGNESS OF DISSOLUTION SUPPLY CO., L.C. F/K/A BOURLAND & LEVERICH SUPPLY CO., L.C. AND IPSCO KOPPEL TUBULARS, L.L.C. D/B/A TMK IPSCO KOPPEL v. RODESSA OPERATING COMPANY, INC.; from Polk County; 9th Court of Appeals District (09-13-00241-CV, ___ SW3d ___, 01-16-14)
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14-0227
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DAVID MCQUADE LEIBOWITZ AND DAVID MCQUADE LEIBOWITZ, P.C. v. COUNSEL FINANCIAL SERVICES, LLC; from Hidalgo County; 13th Court of Appeals District (13-12-00103-CV, ___SW3d___, 07-25-13)
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14-0231
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SHAWN HOLLOWAY AND STEPHANIE HOLLOWAY v. FLUTOBO, INC. D/B/A KELLER WILLIAMS REALTY NORTHEAST; from Harris County; 14th Court of Appeals District (14-12-00104-CV; 14-12-00170-CV, 419 SW3d 622, 11-26-13)
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14-0251
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DALLAS COUNTY, TEXAS v. ROY LOGAN; from Dallas County; 5th Court of Appeals District (05-11-00480-CV, 420 SW3d 412, 01-09-14)
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14-0253
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KINGVISION PAY-PER-VIEW, GARDEN CITY BOXING CLUB, INC., AND ENTERTAINMENT BY J&J, INC. v. DALLAS COUNTY, TEXAS; from Dallas County; 5th Court of Appeals District (05-12-00765-CV, ___SW3d___, 02-20-14)
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14-0259
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FIRST STATE BANK CENTRAL TEXAS v. LAKEWAY REGIONAL MEDICAL CENTER DEVELOPMENT, LLC, ET AL.; from Travis County; 3rd Court of Appeals District (03-13-00058-CV, ___ SW3d ___, 02-20-14)
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14-0271
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JOE A. ZUNIGA v. THE CITY OF SAN ANTONIO BY AND THROUGH ITS AGENT CITY PUBLIC SERVICE BOARD D/B/A CPS ENERGY; from Bexar County; 4th Court of Appeals District (04-13-00142-CV, ___ SW3d ___, 01-08-14)
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14-0281
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DALLAS/FORT WORTH INTERNATIONAL AIRPORT BOARD v. YSENIA BOYKIN; from Tarrant County; 2nd Court of Appeals District (02-13-00260-CV, ___SW3d___, 01-30-14)
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14-0288
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TST IMPRESO, INC. v. ASIA PULP & PAPER TRADING (USA), INC. N/K/A OVERVEEN GENERAAL TRADING (USA), INC.; from Dallas County; 5th Court of Appeals District (05-12-01551-CV, ___ SW3d ___, 01-30-14)
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14-0297
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SUZANNE O'CONNOR v. SURAJ K. CHOUDHURY AND FOUNDATION ASSESSMENT, INC. D/B/A ENGINEERING DESIGN AND ASSESMENT; from Tarrant County; 2nd Court of Appeals District (02-13-00166-CV, 426 SW3d 827, 03-06-14)
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14-0298
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RICHARD MONROE, KATHY KYLE, AND DAWN RIGBY v. PAIGE TROTTER HOLLOWAY AND BARBARA TROTTER COLLINS, ET AL.; from Harris County; 14th Court of Appeals District (14-12-01087-CV, ___ SW3d ___, 03-06-14)
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14-0325
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J.C. GENERAL CONTRACTORS v. TEODORO CHAVEZ; from El Paso County; 8th Court of Appeals District (08-12-00012-CV, ___ SW3d ___, 01-15-14)
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14-0347
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LARRY M. GENTILELLO v. UNIVERSITY OF TEXAS SOUTHWESTERN HEALTH SYSTEMS, THE UNIVERSITY OF TEXAS SOUTHWESTERN MEDICAL CENTER MEDICAL SERVICE, RESEARCH, AND DEVELOPMENT PLAN, AND UT SOUTHWESTERN HEALTH SYSTEMS; from Dallas County; 5th Court of Appeals District (05-13-00149-CV, ___ SW3d ___, 03-24-14)
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14-0348
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LARRY M. GENTILELLO v. DALLAS COUNTY HOSPITAL DISTRICT D/B/A PARKLAND HEALTH AND HOSPITAL SYSTEM; from Dallas County; 5th Court of Appeals District (05-13-00150-CV, ___ SW3d ___, 03-24-14)
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14-0359
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STEPHEN L. GOODMAN v. COMPASS BANK; from Dallas County; 5th Court of Appeals District (05-12-00447-CV, 428 SW3d 887, 10-22-13)
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14-0371
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CASA DEL MAR ASSOCIATION, INC. v. GOSSEN LIVINGSTON ASSOCIATES, INC.; from Galveston County; 1st Court of Appeals District (01-13-00556-CV, ___ SW3d ___, 04-10-14)
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14-0431
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PHILLIP GALYEN, P.C. D/B/A BAILEY & GALYEN ATTORNEYS AT LAW AND R. KEITH SPENCER v. PHILIP GREGORY BYRD, LUCY LEASING CO., LLC AND PGB AIR, INC.; from Tarrant County; 2nd Court of Appeals District (02-13-00359-CV, 430 SW3d 515, 04-17-14)
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14-0484
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DAVID GLEN HARRIS v. LUDENE HARPER; from Tarrant County; 2nd Court of Appeals District (02-13-00258-CV, ___ SW3d ___, 04-17-14)
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14-0513
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MALCOLM W. PIPES v. D. SCOTT HEMINGWAY D/B/A LAW OFFICES OF D. SCOTT HEMINGWAY, GREG BENDER, SJS HOLDINGS, LLC, FOI GROUP, LLC, RED RIVER FIBER OPTIC CORPORATION, AND CARL L. GOODZEIT; from Dallas County; 5th Court of Appeals District (05-13-00428-CV, ___ SW3d ___, 04-14-14)
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14-0583
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CITY OF KELLER, TEXAS v. KIMBERLEE DIANE MEADORS HALL AND A. THOMAS HALL; from Tarrant County; 2nd Court of Appeals District (02-12-00061-CV, ___ SW3d ___, 05-01-14)
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14-0589
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CHARLES BUNDREN AND KAREN BUNDREN v. STEVEN L. DRYZER; from Denton County; 7th Court of Appeals District (07-12-00167-CV, ___ SW3d ___, 05-06-14)
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14-0597
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MCLENNAN COUNTY APPRAISAL DISTRICT v. HOPPENSTEIN PROPERTIES, INC.; from McLennan County; 7th Court of Appeals District (07-13-00035-CV, ___ SW3d ___, 05-20-14)
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14-0626
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MARY LYNN COLLARD v. RAYMOND D. NOAH, ET AL.; from Dallas County; 13th Court of Appeals District (13-13-00378-CV, ___ SW3d ___, 06-19-14)
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THE FOLLOWING PETITION FOR REVIEW IS DISMISSED:
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14-0356
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MELVIN PEYTON v. VAN NADARAJAH; from Tarrant County; 2nd Court of Appeals District (02-13-00358-CV, ___ SW3d ___, 04-03-14)
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See Tex. R. App. P. 5.
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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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13-0222
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THE UNIVERSITY OF TEXAS M.D. ANDERSON CANCER CENTER AND THE UNIVERSITY OF TEXAS SYSTEM v. PRESTON BAKER AND JENNIFER BAKER, INDIVIDUALLY AND NEXT FRIENDS OF PRESTON BAKER, JR., JESSICA BAKER, CAYLA BAKER, AND CALEB BAKER; from Harris County; 14th Court of Appeals District (14-11-01037-CV, 401 SW3d 246, 12-04-12)
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(Justice Brown not sitting)
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13-0265
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JOHN A. VANN v. CHARLA BRADSHAW CONNER; from Denton County; 1st Court of Appeals District (01-12-00621-CV, ___ SW3d ___, 01-17-13)
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(Justice Lehrmann not sitting)
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13-0408
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MARCUS HILES v. ARNIE & COMPANY, P.C.; from Harris County; 14th Court of Appeals District (14-12-00088-CV, 402 SW3d 820, 04-25-13)
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(Justice Brown not sitting)
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14-0294
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ANTHONY C. AGUILAR INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF RAMIRO AGUILAR, JR., DECEASED v. MARGARET MORALES; from Bexar County; 4th Court of Appeals District (04-13-00038-CV, ___ SW3d ___, 02-19-14)
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14-0309
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LEONARD JAMES HAWKINS v. CITY OF DEER PARK; from Harris County; 14th Court of Appeals District (14-13-00695-CV, ___ SW3d ___, 03-11-14)
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14-0352
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FELICIA NICOLE JONES v. MACY’S AND ERIC LIMBOCKER; from Brazoria County; 1st Court of Appeals District (01-13-01018-CV, ___ SW3d ___, 02-20-14)
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THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
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14-0579
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IN RE MRS. FELICIA NICOLE JONES; from Brazoria County; 1st Court of Appeals District (01-14-00403-CV, ___ SW3d ___, 06-10-14)
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MISCELLANEOUS
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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13-0849
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IN RE TRAVELERS LLOYDS OF TEXAS INSURANCE COMPANY; from Harris County; 1st Court of Appeals District (01-13-00225-CV, ___ SW3d ___, 10-15-13)
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stay order issued March 21, 2014, lifted
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13-0855
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IN RE LOYA INSURANCE COMPANY; from Harris County; 1st Court of Appeals District (01-13-00242-CV, ___ SW3d ___, 10-15-13)
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stay order issued March 21, 2014, lifted
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13-1025
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IN RE WESLEY AND DONNA PALMER, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF SARA KAITLIN, DECEASED; from Orange County; 9th Court of Appeals District (09-13-00447-CV, ___ SW3d ___, 10-31-13)
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14-0027
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IN RE YEDIDIYAH HAWKINS; from Callahan County; 11th Court of Appeals District (11-13-00237-CV, ___ SW3d ___, 08-15-13)
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14-0254
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IN RE JERRY MORENO; from El Paso County; 8th Court of Appeals District (08-12-00078-CV, ___ SW3d ___, 12-18-13)
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14-0286
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IN RE NICOLETTE MILTON; from Harris County; 1st Court of Appeals District (01-13-00240-CV, 420 SW3d 245, 12-19-13)
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14-0370
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IN RE ROBERT MICHELENA; from Cameron County; 13th Court of Appeals District (13-14-00052-CV, ___ SW3d ___, 03-17-14)
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14-0664
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IN RE CAROL JOHNENE MORRIS; from Midland County; 11th Court of Appeals District (11-12-00079-CV, ___ SW3d ___, 07-10-14)
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THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED:
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14-0213
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IN RE MID CENTURY INSURANCE COMPANY OF TEXAS; from Jefferson County; 9th Court of Appeals District (09-14-00068-CV, ___ SW3d ___, 03-13-14)
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stay order issued May 13, 2014, lifted
joint motion to dismiss granted |