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THE SUPREME COURT OF TEXAS
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Orders Pronounced December 2, 2016
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ORDERS ON CAUSES
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14-0940
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IN RE THE GUARDIANSHIP OF THE PERSON AND ESTATE OF RYAN KEITH TONNER, AN INCAPACITATED PERSON; from Lubbock County; 7th Court of Appeals District (07-13-00308-CV, ___ SW3d ___, 09-15-14)
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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 affirms the court of appeals' judgment.
Per Curiam Opinion
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15-1007
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IN RE RED DOT BUILDING SYSTEM, INC.; from Hidalgo County; 13th Court of Appeals District (13-15-00608-CV, ___ SW3d ___, 12-29-15)
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stay order issued December 31, 2015, lifted
stay order issued January 8, 2016, lifted
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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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16-0079
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JEANNE RANSOM v. JEANINE EATON, D.D.S.; from Harris County; 14th Court of Appeals District (14-14-00987-CV, ___ SW3d ___, 11-05-15)
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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 the trial court.
Per Curiam Opinion
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THE MOTION FOR REHEARING OF THE FOLLOWING CAUSE IS DENIED:
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13-0673
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ROY SEGER, ET AL. v. YORKSHIRE INSURANCE CO., LTD., AND OCEAN MARINE INSURANCE CO., LTD.; from Hutchinson County; 7th Court of Appeals District (07-12-00090-CV, 407 SW3d 435, 07-19-13)
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ORDERS ON CASES GRANTED
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THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
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14-0979
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FOREST OIL CORPORATION, NOW KNOWN AS SABINE OIL & GAS CORPORATION v. EL RUCIO LAND AND CATTLE COMPANY, INC., SAN JUANITO LAND PARTNERSHIP, LTD., MCALLEN TRUST PARTNERSHIP AND JAMES ARGYLE MCALLEN; from Harris County; 1st Court of Appeals District (01-13-00040-CV, 446 SW3d 58, 07-24-14)
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motion for rehearing granted
denial of petition for review on May 27, 2016, withdrawn
petition reinstated and granted
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[Note: The date and time for oral argument are yet to be determined.]
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(Justice Brown not sitting)
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14-1033
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COMMUNITY HEALTH SYSTEMS PROFESSIONAL SERVICES CORPORATION, ET AL. v. HENRY ANDREW HANSEN, II, M.D.; from Brazos County; 13th Court of Appeals District (13-14-00039-CV, ___ SW3d ___, 11-06-14)
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2 petitions
motion for rehearing granted
denial of petitions for review on May 27, 2016, withdrawn
petitions reinstated and granted
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[Note: The date and time for oral argument are yet to be determined.]
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15-0610
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LEAH ANNE GONSKI MARINO, M.D. F/K/A LEAH ANNE GONSKI, M.D. v. SHIRLEY LENOIR, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SHANA LENOIR AND CHRISTOPHER MCKNIGHT, INDIVIDUALLY AND AS NEXT FRIEND OF NAYLA MCKNIGHT; from Haskell County; 1st Court of Appeals District (01-13-01034-CV, 469 SW3d 669, 07-02-15)
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[Note: The date and time for oral argument are yet to be determined.]
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15-0847
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RON SOMMERS AS CHAPTER 7 TRUSTEE FOR ALABAMA AND DUNLAVY, LTD., FLAT STONE II, LTD. AND FLAT STONE, LTD. AND AS SUCCESSOR IN INTEREST TO JAY COHEN, INDIVIDUALLY AND AS TRUSTEE OF THE JHC TRUSTS I AND II v. SANDCASTLE HOMES, INC.; from Harris County; 1st Court of Appeals District (01-13-00267-CV, 469 SW3d 173, 02-26-15)
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- consolidated for oral argument with -
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15-0848
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RON SOMMERS AS CHAPTER 7 TRUSTEE FOR ALABAMA AND DUNLAVY, LTD., FLAT STONE II, LTD. AND FLAT STONE, LTD. AND AS SUCCESSOR IN INTEREST TO JAY COHEN, INDIVIDUALLY AND AS TRUSTEE OF THE JHC TRUSTS I AND II v. NEWBISS PROPERTY, LP; from Harris County; 1st Court of Appeals District (01-13-00233-CV, 469 SW3d 173, 02-26-15)
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[Note: The date and time for oral argument are yet to be determined.]
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16-0007
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PINTO TECHNOLOGY VENTURES L.P., ET AL. v. JEFFERY SHELDON AND ANDRAS KONYA M.D., PHD.; from Harris County; 14th Court of Appeals District (14-13-01066-CV, 477 SW3d 411, 09-10-15)
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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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15-0428
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IN THE ESTATE OF ROSA ELVIA GUERRERO, DECEASED; from Harris County; 14th Court of Appeals District (14-13-00580-CV, 465 SW3d 693, 04-23-15)
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15-0779
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NORTH TEXAS MUNICIPAL WATER DISTRICT v. JENNINGS, HACKLER & PARTNERS, INC.; from Collin County; 5th Court of Appeals District (05-14-01043-CV, 471 SW3d 577, 07-30-15)
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15-0833
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DERNICK RESOURCES, INC. v. DAVID WILSTEIN AND LEONARD WILSTEIN INDIVIDUALLY AND AS TRUSTEE OF THE LEONARD AND JOYCE WILSTEIN REVOCABLE TRUST; from Harris County; 1st Court of Appeals District (01-13-00853-CV, 471 SW3d 468, 06-30-15)
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15-0955
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RICARDO MARTINEZ, M.D. AND ALBERTO PENA, M.D. v. MARIA GONZALES, ET AL.; from Hidalgo County; 13th Court of Appeals District (13-14-00241-CV, ___ SW3d ___, 09-17-15)
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16-0011
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MICHAEL A. CERNY AND MYRA L. CERNY, INDIVIDUALLY AND AS NEXT FRIEND OF C.C., A MINOR v. MARATHON OIL CORPORATION, MARATHON OIL EF, LLC AND PLAINS EXPLORATION & PRODUCTION COMPANY; from Karnes County; 4th Court of Appeals District (04-14-00650-CV, 480 SW3d 612, 10-07-15)
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16-0340
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SISAAT SISAVATH AND OYTHIB PHOUANGSAVATH v. CENCIR, INC., DONALD OATHES AND SUTTON PLACE HOA; from Dallas County; 5th Court of Appeals District (05-15-00131-CV, ___ SW3d ___, 03-31-16)
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16-0390
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KATHRYN MANION HAIDER, ET AL. v. JEFFERSON COUNTY APPRAISAL DISTRICT; from Jefferson County; 9th Court of Appeals District (09-14-00311-CV, ___ SW3d ___, 04-14-16)
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16-0391
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IN THE INTEREST K.A.D.K. AND J.B.L.E., CHILDREN; from Wilson County; 4th Court of Appeals District (04-15-00758-CV, ___ SW3d ___, 04-20-16)
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16-0402
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CRAIG CHAMPION v. FRANK RAMSEY, RAMSAY RAMSEY, RANDAL RAMSEY, INDIVIDUALLY AND D/B/A SUMMIT PROPERTIES AND MANAGEMENT COMPANY; from Brazos County; 10th Court of Appeals District (10-15-00361-CV, ___ SW3d ___, 04-14-16)
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16-0409
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E.A. AND R.A. v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Lampasas County; 3rd Court of Appeals District (03-15-00811-CV, ___ SW3d ___, 04-21-16)
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16-0476
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IN THE MATTER OF THE MARRIAGE OF RANDAL REYNOLDS RAMSEY AND SHERYL LEIGH WILLIAMS ECHOLS; from Brazos County; 10th Court of Appeals District (10-14-00252-CV, 487 SW3d 762, 03-24-16)
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16-0509
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CITY OF FRISCO, TEXAS v. FLCT, LTD. AND FIELD STREET DEVELOPMENT I, LTD.; from Denton County; 2nd Court of Appeals District (02-14-00335-CV, 493 SW3d 238, 05-26-16)
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16-0516
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MARK F. HANKS v. THE HUNTINGTON NATIONAL BANK; from Harris County; 1st Court of Appeals District (01-15-00188-CV, ___ SW3d ___, 03-29-16)
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respondent's motion for dismissal for want of jurisdiction, dismissed as moot
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16-0528
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IN THE INTEREST OF M.A.T., L.B.T., I.A.T., R.L.T., CHILDREN; from Midland County; 11th Court of Appeals District (11-16-00002-CV, ___ SW3d ___, 06-09-16)
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motion to withdraw as counsel granted
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16-0577
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ALLEN F. CALTON v. STEVE SCHILLER, ET AL.; from Tarrant County; 6th Court of Appeals District (06-15-00062-CV, ___ SW3d ___, 06-16-16)
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16-0595
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PHILLIPS DEVELOPMENT & REALTY, LLC v. LJA ENGINEERING, INC.; from Harris County; 14th Court of Appeals District (14-14-00858-CV, ___ SW3d ___, 06-30-16)
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16-0630
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MARY FLENTGE MCAULEY, WILLIE O. FLENTGE, JR. AND CHARLES RAY FLENTGE v. CARL DEAN FLENTGE, ET AL.; from Burleson County; 6th Court of Appeals District (06-15-00051-CV, ___ SW3d ___, 06-08-16)
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16-0631
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IN THE INTEREST OF L.G.R., A CHILD; from Harris County; 14th Court of Appeals District (14-16-00047-CV, ___ SW3d ___, 06-07-16)
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16-0645
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GENE NELSON v. JOSEPH MARTINEZ, M.D. AND NEUROSURGICAL ASSOCIATES LLC; from Lubbock County; 7th Court of Appeals District (07-15-00430-CV, ___ SW3d ___, 07-12-16)
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16-0725
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IN THE INTEREST OF S.D., L.D., A.D., AND J.E., CHILDREN; from Lubbock County; 7th Court of Appeals District (07-16-00085-CV, ___ SW3d ___, 07-29-16)
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16-0737
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GARDEN OAKS MAINTENANCE ORGANIZATION v. ELBAR INVESTMENTS, INC.; from Harris County; 1st Court of Appeals District (01-14-00447-CV, ___ SW3d ___, 06-02-16)
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16-0740
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THEAOLA ROBINSON v. WALT DISNEY COMPANY, ABC TELEVISION NETWORK, INC., CC TEXAS HOLDING COMPANY, INC. AND KTRK TELEVISION, INC.; from Harris County; 1st Court of Appeals District (01-14-00880-CV, ___ SW3d ___, 03-31-16)
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16-0761
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IN THE INTEREST OF M.J.W., A CHILD; from Harris County; 14th Court of Appeals District (14-16-00276-CV, ___ SW3d ___, 08-09-16)
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16-0768
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RONALD F. AVERY v. DYLAN BADDOUR AND HEARST COMMUNICATIONS, INC.; from Guadalupe County; 4th Court of Appeals District (04-16-00184-CV, ___ SW3d ___, 08-10-16)
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16-0815
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THERESA FAYE JERRY v. DEUTSCHE BANK NATIONAL TRUST COMPANY AND ROBERT VALDESPINO AS TRUSTEE; from Bexar County; 4th Court of Appeals District (04-15-00663-CV, ___ SW3d ___, 09-21-16)
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16-0821
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JUAN BAZALDUA, JR. v. CITY OF LYFORD, TEXAS; from Willacy County; 13th Court of Appeals District (13-16-00004-CV, ___ SW3d ___, 09-01-16)
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16-0824
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PATRICIA SWITZER, INDIVIDUALLY, AND AS THE INDEPENDENT EXECUTRIX OF THE ESTATE OF DAVID ERIC SWITZER v. KAY VAUGHAN; from Collin County; 5th Court of Appeals District (05-15-00811-CV, ___ SW3d ___, 07-27-16)
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16-0826
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IN THE INTEREST OF D.M.P., ET AL., CHILDREN; from Bexar County; 4th Court of Appeals District (04-16-00256-CV, ___ SW3d ___, 08-31-16)
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16-0834
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G.H. v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Hays County; 3rd Court of Appeals District (03-16-00157-CV, ___ SW3d ___, 08-17-16)
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16-0835
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HSM WYNNGATE 04, LTD. v. TEXAS SOTHERBY HOMES, INC. F/K/A SHADDOCK BUILDERS AND DEVELOPERS, INC. D/B/A SOTHERBY HOMES; from Denton County; 2nd Court of Appeals District (02-15-00281-CV, ___ SW3d ___, 08-31-16)
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16-0839
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IN THE INTEREST OF A.W., A MINOR CHILD; from Carson County; 7th Court of Appeals District (07-16-00268-CV, ___ SW3d ___, 09-01-16)
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motion for withdrawal of counsel granted
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16-0840
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IN THE INTEREST OF S.W., A MINOR CHILD; from Carson County; 7th Court of Appeals District (07-16-00267-CV, ___ SW3d ___, 09-01-16)
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motion for withdrawal of counsel granted
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16-0853
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GEORGE DAVIS, M.D., ANTENEH ROBA, M.D., LEVON VARTANIAN, M.D., WOODROW DOLINO, M.D., NORTHWEST HOUSTON EMERGENCY SPECIALIST GROUP, PLLC, ESG MD, PLLC AND ESG MLP, LLC v. ALAN BENTZ, M.D.; from Harris County; 1st Court of Appeals District (01-15-00230-CV, ___ SW3d ___, 07-19-16)
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16-0857
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MAXIM CRANE WORKS, L.P. v. BERKEL & COMPANY CONTRACTORS, INC.; from Brazoria County; 14th Court of Appeals District (14-15-00614-CV, ___ SW3d ___, 08-09-16)
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16-0858
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IN THE INTEREST OF A.B.C., A CHILD; from Bexar County; 4th Court of Appeals District (04-16-00367-CV, ___ SW3d ___, 09-14-16)
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16-0862
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IN THE INTEREST OF A.J.C., A CHILD; from Harris County; 14th Court of Appeals District (14-16-00253-CV, ___ SW3d ___, 08-09-16)
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16-0863
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ERIN LYNN STOW, KATHERINE BRADLEY AND INTERVENOR, BRANDI TURNER, INDIVIDUALLY AND A/N/F OF C.S.1 AND C.S.2, MINORS v. SLAMMIN 4, LLC; from Harris County; 14th Court of Appeals District (14-15-00044-CV, ___ SW3d ___, 06-02-16)
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16-0864
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IN THE INTEREST OF S.A.Y.W., A.N.W., J.E.W., X.E.B., H.E.B., JR., H.Z.S., AND B.A.B., CHILDREN; from Harris County; 14th Court of Appeals District (14-16-00280-CV, ___ SW3d ___, 09-08-16)
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16-0870
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TRACIE JACKSON v. NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE D/B/A NAACP; from Harris County; 14th Court of Appeals District (14-15-00507-CV, ___ SW3d ___, 09-15-16)
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THE FOLLOWING PETITIONS FOR REVIEW ARE DISMISSED FOR WANT OF JURISDICTION:
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16-0553
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GERALD R. HADDOX AND SHARON HADDOX v. FEDERAL NATIONAL MORTGAGE ASSOCIATION; from Travis County; 3rd Court of Appeals District (03-15-00350-CV, ___ SW3d ___, 05-06-16)
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See TEX. GOV’T CODE § 22.225(b)(1)
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16-0627
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TERRY BARNHART AND ALL OCCUPANTS v. PENSIVE PROPERTIES, LP; from Travis County; 3rd Court of Appeals District (03-15-00463-CV, ___ SW3d ___, 06-28-16)
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See TEX. GOV’T CODE § 22.225(b)(1)
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16-0691
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MARY RUST v. BANK OF AMERICA, N.A.; from Travis County; 1st Court of Appeals District (01-15-00373-CV, ___ SW3d ___, 06-09-16)
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See TEX. GOV’T CODE § 22.225(b)(1)
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THE FOLLOWING PETITION FOR REVIEW IS ABATED:
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16-0746
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L.A.R. v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Hays County; 3rd Court of Appeals District (03-16-00175-CV, ___ SW3d ___, 08-18-16)
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[Note: The case is abated pursuant to case no. 15-0171, In re P.M. until further order of this Court.]
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THE ABATEMENT ORDER IS EXTENDED IN THE FOLLOWING PETITION FOR REVIEW:
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15-0975
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LINDA BATISTE v. JOHNSON & JOHNSON AND ETHICON, INC.; from Dallas County; 5th Court of Appeals District (05-14-00864-CV, ___ SW3d ___, 11-05-15)
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[Note: The Court's abatement order of September 30, 2016 expired by its own terms on November 29, 2016. The abatement is extended until January 31, 2017, by which time the parties must file either a status report or a motion to dismiss.]
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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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15-0140
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ENERGICO PRODUCTION, INC. v. CACTUS WELL SERVICE, INC.; from Parker County; 2nd Court of Appeals District (02-13-00186-CV, ___ SW3d ___, 11-20-14)
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15-0369
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LUIS ALFREDO ROSA AND MYRNA LIZZET ROSA v. MESTENA OPERATING, LLC; from Brooks County; 4th Court of Appeals District (04-14-00097-CV, 461 SW3d 181, 12-17-14)
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15-0623
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PATRICIA BISHOP v. CHILDREN'S MEDICAL CENTER OF DALLAS; from Dallas County; 5th Court of Appeals District (05-13-00107-CV, ___ SW3d ___, 06-25-15)
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15-0698
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CATHERINE MORZAK v. DHM DESIGN; from Dallas County; 5th Court of Appeals District (05-15-00103-CV, ___ SW3d ___, 06-19-15)
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15-0940
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GRAY, RITTER & GRAHAM, PC; WOLF HALDENSTEIN ADLER FREEMAN & HERZ, LLC; NEBLETT BEARD & ARSENAULT, LLP; DON M. DOWNING; AND ADAM J. LEVITT v. GOLDMAN PHIPPS, PLLC F/K/A GOLDMAN PENNEBAKER & PHIPPS, PC; MIKAL C. WATTS, PC; AND MURRAY LAW FIRM; from Nueces County; 13th Court of Appeals District (13-14-00310-CV, ___ SW3d ___, 10-08-15)
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stay order issued October 7, 2016, lifted
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16-0061
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ANISH JHAVERI v. KELLY MCBETH; from Travis County; 3rd Court of Appeals District (03-14-00261-CV, ___ SW3d ___, 12-10-15)
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16-0231
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DATRIL BOSTON AND APARTMENT EXPRESS, LLC D/B/A MR. DAY RENTS v. EDWARD J. SHERMAN AND EDWARD J. SHERMAN ENTERPRISES, INC. D/B/A FIND IT APARTMENT LOCATORS AND CITI HOMES; from Harris County; 14th Court of Appeals District (14-14-00764-CV, 486 SW3d 88, 01-28-16)
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16-0276
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ROBERT PHALEN v. MICHAEL MAUCELI, REEF OIL & GAS PARTNERS, L.P. (F/K/A REEF & OIL GAS PARTNERS, LLC) REEF SECURITIES, INC. (F/K/A WESTERN AMERICAN SECURITIES CORP.), REEF EXPLORATION, LP AND PAUL MAUCELI; from Dallas County; 5th Court of Appeals District (05-15-00031-CV, ___ SW3d ___, 01-26-16)
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16-0442
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SUSAN ANN FISHER v. MEDICAL CENTER OF PLANO, ALIREZA ZAFARMAN ATEF, M.D., SALMAN WAHEED, M.D., RAY J. DELGADILLO, R.T., ANNE W. HANDLEY, R.N., CYNTHIA CARTER, R.N. AND MICHAEL ALLEN, R.T.; from Collin County; 5th Court of Appeals District (05-15-00956-CV, ___ SW3d ___, 01-29-16)
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16-0493
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JEFF KAISER, P.C. AND JEFFREY BENEDICT KAISER v. THE STATE OF TEXAS; from Travis County; 3rd Court of Appeals District (03-15-00019-CV, ___ SW3d ___, 04-20-16)
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16-0594
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PATRICK CHARLES v. METHODIST HEALTH CENTERS D/B/A HOUSTON METHODIST SUGAR LAND HOSPITAL; from Fort Bend County; 1st Court of Appeals District (01-16-00106-CV, ___ SW3d ___, 06-14-16)
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THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
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16-0487
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IN RE BRADLEY B. MILLER; from Dallas County; 5th Court of Appeals District (05-15-00444-CV, ___ SW3d ___, 03-03-16)
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MISCELLANEOUS
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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16-0200
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IN RE CBIF LIMITED PARTNERSHIP, COLUMBIA AIRPORT, LLC AND STEVE FLORY; from Dallas County; 5th Court of Appeals District (05-16-00244-CV, ___ SW3d ___, 03-11-16)
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stay order issued March 31, 2016, lifted
motion for leave to file respondent's sur-reply dismissed as moot
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16-0557
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IN RE NAVISTAR, INC.; from Hidalgo County; 13th Court of Appeals District (13-16-00287-CV, ___ SW3d ___, 07-06-16)
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16-0582
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IN RE JAMES HALLBECK; from Harris County; 1st Court of Appeals District (01-15-00956-CV, 496 SW3d 229, 06-09-16)
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16-0699
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IN RE KEITH COHN; from Harris County; 1st Court of Appeals District (01-16-00115-CV, ___ SW3d ___, 06-30-16)
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16-0807
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IN RE ERNEST MARTIN; from Jefferson County; 9th Court of Appeals District (09-13-00423-CR; 09-13-00258-CR, ___ SW3d ___, 10-16-13)
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16-0883
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IN RE JIMMY DEWAYNE HILL; from Dallas County; 5th Court of Appeals District (05-16-00905-CV; 05-16-00906-CV; 05-16-00907-CV; 05-16-00908-CV; 05-16-00909-CV; 05-16-00910-CV; 05-16-00911-CV, ___ SW3d ___, 08-03-16)
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