THE SUPREME COURT OF TEXAS
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Orders Pronounced February 27, 2015
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ORDERS ON CAUSES
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13-0484
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AMERICAN STAR ENERGY AND MINERALS CORPORATION v. RICHARD “DICK” STOWERS, RICHARD W. STOWERS, FRANK K. STOWERS AND LINDA SUE JASURDA; from Hutchinson County; 7th Court of Appeals District (07-11-00199-CV, 405 SW3d 905, 05-14-13)
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The Court reverses the court of appeals' judgment and remands the case to the trial court. Justice Brown delivered the opinion of the Court
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14-0256
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IN RE CRAWFORD & COMPANY, CRAWFORD & COMPANY HEALTHCARE MANAGEMENT, INC., PATSY HOGAN AND OLD REPUBLIC INSURANCE COMPANY; from Potter County; 7th Court of Appeals District (07-14-00013-CV, ___ SW3d ___, 03-17-14)
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Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the writ of mandamus. Per Curiam Opinion
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THE FOLLOWING MOTION TO PARTICIPATE IN ORAL ARGUMENT IS GRANTED:
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14-0067
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MIRTA ZORRILLA v. AYPCO CONSTRUCTION II, LLC AND JORGE LUIS MUNOZ; from Hidalgo County; 13th Court of Appeals District (13-12-00359-CV, 421 SW3d 54, 10-03-13)
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unopposed motion for leave for amicus curiae to share argument granted
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Time allotted to argue: 15/20/5 minutes
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THE MOTION FOR REHEARING OF THE FOLLOWING CAUSE IS DENIED:
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12-0621
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EXXON MOBIL CORPORATION v. WILLIAM T. DRENNEN, III; from Harris County; 14th Court of Appeals District (14-10-01099-CV, 367 SW3d 288, 02-14-12)
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(Justice Guzman and Justice Lehrmann not sitting)
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ORDERS ON PETITIONS FOR REVIEW
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THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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13-0209
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NACOGDOCHES HEART CLINIC, P.A., PRABHAKAR R. GUNIGANTI, M.D., AND EAST TEXAS CARDIOVASCULAR LABS, LLC v. VIJAY R. POKALA, M.D., D/B/A NACOGDOCHES CARDIAC CENTER; from Nacogdoches County; 12th Court of Appeals District (12-11-00133-CV, ___ SW3d ___, 02-06-13)
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13-0504
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LAURA CASTILLO AND ARMANDO CASTILLO, SR. INDIVIDUALLY AND AS REPRESENTATIVES OF THE ESTATE OF ARMANDO CASTILLO, JR. v. FORD MOTOR COMPANY; from Zavala County; 4th Court of Appeals District (04-11-00810-CV, ___ SW3d ___, 04-03-13)
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13-0940
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CITY OF DALLAS v. KENNETH E. ALBERT, ET AL.; from Collin County; 5th Court of Appeals District (05-12-00966-CV, ___ SW3d ___, 08-13-13)
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(Justice Brown not sitting)
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13-1008
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U.S. SPECIALTY INSURANCE COMPANY AND AXIS INSURANCE COMPANY v. GASTAR EXPLORATION LTD.; from Harris County; 14th Court of Appeals District (14-12-00118-CV, 412 SW3d 577, 07-16-13)
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14-0030
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MARIO SABINO'S, INC., ET AL. v. JOSE FUENTES CO., INC., D/B/A GLORIA'S, ET AL.; from Dallas County; 5th Court of Appeals District (05-11-00228-CV, 418 SW3d 280, 11-26-13)
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14-0131
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AUSTIN JOCKEY CLUB, LTD. AND KTAGS DOWNS HOLDING COMPANY, L.L.C. v. DALLAS CITY LIMITS PROPERTY CO., L.P.; from Harris County; 14th Court of Appeals District (14-12-00530-CV, 418 SW3d 727, 12-10-13)
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14-0268
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KEVIN FICKE v. TOMMY RATLIFF, HAYS COUNTY SHERIFF’S DEPARTMENT; HAYS COUNTY DISTRICT ATTORNEY’S OFFICE; AND SHERRI TIBBE; from Hays County; 3rd Court of Appeals District (03-13-00136-CV, ___ SW3d ___, 02-27-14)
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14-0292
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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. CIRRUS EXPLORATION COMPANY.; from Travis County; 3rd Court of Appeals District (03-13-00036-CV, 427 SW3d 464, 02-12-14)
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14-0326
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WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2006-1 ASSET-BACKED CERTIFICATES, SERIES 2006-1 v. LONZIE LEATH; from Dallas County; 5th Court of Appeals District (05-11-01425-CV, 425 SW3d 525, 01-06-14)
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(Justice Johnson not sitting)
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14-0368
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NATIONS CONSTRUCTION MANAGEMENT, INC. AND LIBERTY MUTUAL INSURANCE COMPANY v. HEITKAMP SWIFT ARCHITECTS, INC.; from Harris County; 14th Court of Appeals District (14-12-00873-CV, ___SW3d___, 01-23-14)
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14-0385
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E.F. v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Harris County; 14th Court of Appeals District (14-13-00869-CV, ___ SW3d ___, 02-25-14)
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14-0497
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TOKA GENERAL CONTRACTORS, LTD. AND MOORE SORRENTO, LLC v. WM. RIGG CO.; from Tarrant County; 4th Court of Appeals District (04-12-00474-CV, ___ SW3d ___, 04-09-14)
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14-0514
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TRACI TUCKER v. STEVEN C. PHILLIPS; from Dallas County; 5th Court of Appeals District (05-13-00210-CV, ___ SW3d ___, 05-12-14)
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14-0524
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KEY ENERGY SERVICES, LLC v. SHELBY COUNTY APPRAISAL DISTRICT; from Shelby County; 12th Court of Appeals District (12-13-00075-CV, ___ SW3d ___, 01-15-14)
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(Justice Guzman not sitting)
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14-0526
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EOG RESOURCES, INC. v. FLEET OIL & GAS, LTD.; from Johnson County; 10th Court of Appeals District (10-11-00289-CV, ___ SW3d ___, 05-22-14)
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petitioner's motion to strike dismissed as moot
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14-0542
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KEN PAXTON, TEXAS ATTORNEY GENERAL v. THE CITY OF SAN ANTONIO; from Travis County; 3rd Court of Appeals District (03-11-00668-CV, 432 SW3d 429, 04-10-14)
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14-0578
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TONY GARCIA v. HERALDO ESCOBAR; from Hidalgo County; 13th Court of Appeals District (13-12-00596-CV, ___ SW3d ___, 05-15-14)
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14-0601
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BROOKSHIRE GROCERY COMPANY D/B/A BROOKSHIRE'S AND SUPERIOR SANITATION, INC. v. MICHELLE DIMMITT; from Comanche County; 11th Court of Appeals District (11-12-00129-CV, ___ SW3d ___, 06-26-14)
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14-0656
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MBI GLOBAL, L.L.C. v. HUNTER BUILDINGS & MANUFACTURING, L.P., ET AL.; from Harris County; 14th Court of Appeals District (14-12-00246-CV, ___ SW3d ___, 03-27-14)
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14-0681
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LANCE BRANDON LOUDDER, 2L FARMS, A TEXAS PARTNERSHIP AND TERRI LOUDDER v. CROP QUEST, INC.; from Castro County; 7th Court of Appeals District (07-13-00185-CV, ___ SW3d ___, 07-08-14)
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14-0736
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XITRONIX CORPORATION, A DELAWARE CORPORATION v. KLA-TENCOR CORPORATION, INDIVIDUALLY, AND D/B/A KLA- TENCOR, INC., A DELAWARE CORPORATION; from Travis County; 3rd Court of Appeals District (03-12-00206-CV, ___ SW3d ___, 08-07-14)
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14-0751
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WILLIAM ALEXANDER ROPER, JR. v. CITIMORTGAGE, INC.; from Comal County; 3rd Court of Appeals District (03-11-00887-CV, ___ SW3d ___, 11-27-13)
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(Justice Willett not sitting)
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14-0775
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CHRISTOPHER JOEL DAVEY v. MARGARETT JORDAN ROYALTIES, INC., ET AL.; from Anderson County; 12th Court of Appeals District (12-13-00002-CV, ___ SW3d ___, 08-13-14)
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14-0777
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KIPP, INC. v. KIMBERLY WHITEHEAD; from Harris County; 1st Court of Appeals District (01-13-00695-CV, 446 SW3d 99, 08-12-14)
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14-0788
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MARILYN STEWART v. CITY OF SAN ANTONIO; from Bexar County; 4th Court of Appeals District (04-13-00720-CV, ___ SW3d ___, 07-23-14)
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14-0822
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LUIS A. SANTIAGO AND LINDA A. SANTIAGO v. NOVASTAR MORTGAGE, INC., THE BANK OF NEW YORK MELLON, AS TRUSTEE, OCWEN LOAN SERVICING, LLC, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., OCWEN FINANCIAL CORPORATION, AND THE BANK OF NEW YORK MELLON; from Collin County; 5th Court of Appeals District (05-13-00619-CV, 443 SW3d 462, 08-28-14)
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14-0857
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WILLIAM HAYES WYTTENBACH v. RANITA MARIE PARISH; from Hidalgo County; 13th Court of Appeals District (13-12-00382-CV, ___ SW3d ___, 09-04-14)
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14-0888
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DR. RICHARD MALOUF AND LEANNE MALOUF v. BRETT SHIPP; from Dallas County; 5th Court of Appeals District (05-13-01080-CV, 439 SW3d 432, 06-24-14)
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14-0927
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JOSEPH MAYZONE v. MISSIONARY OBLATES OF MARY IMMACULATE OF TEXAS, ET AL.; from Bexar County; 4th Court of Appeals District (04-13-00275-CV, ___ SW3d ___, 07-30-14)
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14-0935
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DAVID ERON BOUKNIGHT v. CYNTHIA DIANNE BOUKNIGHT; from Harrison County; 6th Court of Appeals District (06-14-00034-CV, ___ SW3d ___, 10-02-14)
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motion to stay denied motion to appoint counsel dismissed as moot
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14-0959
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IN RE COMMITMENT OF RICHARD GARCIA; from Montgomery County; 9th Court of Appeals District (09-13-00235-CV, ___ SW3d ___, 10-30-14)
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14-1039
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JOAQUIN INDEPENDENT SCHOOL DISTRICT v. SHELBY COUNTY APPRAISAL DISTRICT, ET AL.; from Shelby County; 12th Court of Appeals District (12-13-00038-CV, ___ SW3d ___, 08-29-14)
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14-1065
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GWEN STRIBLING HENDERSON, RAVEN A. PITRE AND CHRISTINE S. WILLIE v. JOHN RICHARD SHANKS AND CARBETT J. DUHON, III; from Harris County; 14th Court of Appeals District (14-12-01026-CV, ___ SW3d ___, 10-30-14)
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(Justice Guzman and Justice Devine not sitting)
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14-1072
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IN THE INTEREST OF J.Z.P. AND J.Z.P., MINOR CHILDREN; from Randall County; 7th Court of Appeals District (07-13-00445-CV, ___ SW3d ___, 10-03-14)
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14-1078
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JOEL STAINBROOK v. TEXAS CHRISTIAN UNIVERSITY; from Tarrant County; 2nd Court of Appeals District (02-13-00433-CV, ___ SW3d ___, 11-06-14)
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14-1083
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GARY DOMEL AND KIM DOMEL v. GAYLON BIRDWELL; from Burnet County; 11th Court of Appeals District (11-12-00200-CV, ___ SW3d ___, 08-29-14)
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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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13-0309
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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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13-0756
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TRACY B. BROWN v. JANET KLEEREKOPER; from Harris County; 1st Court of Appeals District (01-11-00972-CV, ___ SW3d ___, 03-05-13)
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14-0168
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CMA-CGM (AMERICA) INC. v. EMPIRE TRUCK LINES, INC.; from Harris County; 1st Court of Appeals District (01-12-00354-CV, ___ SW3d ___, 07-09-13)
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14-0350
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ALFRED F. BERNAT v. TOMAS & BENANCIA SOTELO; from Harris County; 1st Court of Appeals District (01-13-00354-CV, ___ SW3d ___, 01-16-14)
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14-0562
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OLGA DE LA CERDA CABRERA, INDEPENDENT EXECUTRIX OF THE ESTATE OF ROSA A. VALDEZ A/K/A ROSIE A. ZUNIGA, DECEASED v. PALISADES COLLECTION, LLC, CHASE MANHATTAN BANK USA, N.A., HULL & ASSOCIATES, P.C., AND JAMES N. HULL; from Harris County; 1st Court of Appeals District (01-11-00320-CV, ___ SW3d ___, 08-27-13)
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14-0848
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BRUCE B. MCLEOD, III v. ALFRED GYR; from Dallas County; 5th Court of Appeals District (05-12-01607-CV, 439 SW3d 639, 08-07-14)
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THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF HABEAS CORPUS IS DENIED:
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14-0993
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IN RE COMMITMENT OF ETHAN TODD STEWART; from Montgomery County
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THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
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14-0170
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IN RE TRIDENT STEEL CORPORATION; from Lipscomb County; 7th Court of Appeals District (07-13-00415-CV, 424 SW3d 126, 01-21-14)
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THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF INJUNCTION IS DENIED:
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14-0783
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IN RE RONALD J. HOLLEMAN; from Leon County; 10th Court of Appeals District (10-14-00138-CV, ___ SW3d ___, 07-17-14)
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MISCELLANEOUS
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THE ABATEMENT ORDER IN THE FOLLOWING CASE IS LIFTED:
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13-0814
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DALLAS NATIONAL INSURANCE COMPANY v. GLORIA DE LA CRUZ; from El Paso County; 8th Court of Appeals District (08-12-00189-CV, 412 SW3d 36, 08-28-13)
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abatement order issued August 29, 2014, lifted petition reinstated
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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13-0362
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IN RE EMEX HOLDINGS L.L.C.; from Hidalgo County; 13th Court of Appeals District (13-11-00145-CV, ___ SW3d ___, 04-18-13)
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as reinstated stay order issued July 12, 2013, lifted
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14-0117
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IN RE HALLMARK COUNTY MUTUAL INSURANCE COMPANY; from Maverick County; 4th Court of Appeals District (04-14-00038-CV, ___ SW3d ___, 01-22-14)
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14-0717
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IN RE STATE FARM LLOYDS, KENNETH EDWARD ANDERSON, AND GLENN HART; from Travis County; 3rd Court of Appeals District (03-14-00284-CV, ___ SW3d ___, 06-19-14)
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14-0755
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IN RE HOCHHEIM PRAIRIE FARM MUTUAL INSURANCE ASSOCIATION, LLOYD EDWIN RAINEY, RAINEY & ASSOCIATES, JACOB MCKNIGHT TINDELL, AND DALE MARTIN; from Travis County; 3rd Court of Appeals District (03-14-00459-CV, ___ SW3d ___, 08-21-14)
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15-0126
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IN RE CITY OF BEAUMONT, TEXAS; from Jefferson County; 9th Court of Appeals District (09-14-00498-CV, ___ SW3d ___, 12-18-14)
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relator's motion for emergency stay denied
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THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS ABATED:
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14-1031
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IN RE FARMERS INSURANCE EXCHANGE AND TEXAS FARMERS INSURANCE COMPANY; from Nueces County; 13th Court of Appeals District (13-14-00690-CV, ___ SW3d ___, 12-03-14)
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unopposed motion to abate granted abatement order issued
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[Note: The case is abated under Tex. R. App. P. 7.2(b) until further order of this Court.]
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A STAY IS ISSUED IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS:
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14-0963
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IN RE OCEANOGRAFIA, S.A. DE C.V., OTTO CANDIES LLC, CANDIES MEXICAN INVESTMENTS, AND OSA INTERNATIONAL; from Cameron County; 13th Court of Appeals District (13-14-00323-CV, ___ SW3d ___, 08-29-14)
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relators' emergency 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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THE FOLLOWING APPEAL FROM A DECISION OF THE BOARD OF DISCIPLINARY APPEALS IS DISMISSED:
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15-0121
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COMMISSION FOR LAWYER DISCIPLINE v. PAM L.WILLIAMSON
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appellant's unopposed motion to dismiss granted
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THE ABATEMENT ORDER IS EXTENDED IN THE FOLLOWING PETITION FOR WRIT OF MANDAMUS:
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14-0957
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IN RE AMERICAN POWER CONVERSION CORPORATION; from Zapata County; 4th Court of Appeals District (04-14-00770-CV)
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[Note: The Court's abatement order of December 19, 2014 expired by its own terms on February 17, 2015. The abatement is extended until April 1, 2015, by which time the parties must file either a status report or a motion to dismiss.]
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