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THE SUPREME COURT OF TEXAS
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Orders Pronounced April 6, 2018
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ORDERS ON CAUSES
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16-0244
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ALAMO HEIGHTS INDEPENDENT SCHOOL DISTRICT v. CATHERINE CLARK; from Bexar County; 4th Court of Appeals District (04-14-00746-CV, ___ SW3d ___, 10-21-15)
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The Court reverses the court of appeals' judgment and renders judgment.
Justice Guzman delivered the opinion of the Court, in which Chief Justice Hecht, Justice Green, Justice Johnson, Justice Devine, and Justice Brown joined.
Justice Boyd delivered a dissenting opinion, in which Justice Lehrmann joined.
Justice Blacklock did not participate in the decision.
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16-0651
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DUDLEY CONSTRUCTION, LTD., RICHARD MARK DUDLEY, AND HARTFORD FIRE INSURANCE COMPANY v. ACT PIPE AND SUPPLY, INC.; from Brazos County; 6th Court of Appeals District (06-15-00045-CV, 531 SW3d 744, 07-14-16)
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The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the trial court.
Justice Brown delivered the opinion of the Court.
Justice Blacklock did not participate in the decision.
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ORDERS ON CASES GRANTED
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THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
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17-0041
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TEXAS DEPARTMENT OF TRANSPORTATION v. AUSPRO ENTERPRISES, LP; from Travis County; 3rd Court of Appeals District (03-14-00375-CV, 506 SW3d 688, 12-08-16)
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Pursuant to Texas Rule of Appellate Procedure 56.2, after granting the petition for review and without hearing oral argument or considering the merits, the Court vacates the judgments of the court of appeals and trial court and dismisses the case as moot.
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17-0527
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TEXAS VOICES FOR REASON AND JUSTICE, INC. v. THE CITY OF WESTWORTH VILLAGE, TEXAS; from Tarrant County; 2nd Court of Appeals District (02-16-00106-CV, 520 SW3d 652, 05-18-17)
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respondent's motion to dismiss granted
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Pursuant to Texas Rule of Appellate Procedure 56.2, after granting the petition for review and without hearing oral argument or considering the merits, the Court vacates the judgments of the court of appeals and trial court and dismisses the case as moot.
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ORDERS ON PETITIONS FOR REVIEW
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THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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17-0263
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CRAIG PERKINS AND KIMBERLY PERKINS, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF CODY PERKINS, DECEDENT v. STEPHEN X. SKAPEK, M.D., DANIEL BOWERS, M.D., PAUL DAVID HARKER-MURRAY, M.D., JEFFREY SCOTT KAHN, M.D., LAURA KLESSE, M.D., PATRICK LEAVEY, M.D.; from Dallas County; 5th Court of Appeals District (05-16-00796-CV, ___ SW3d ___, 02-17-17)
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17-0549
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SALINAS CONSTRUCTION TECHNOLOGIES, LTD. v. URBAN ENGINEERING AND MURRAY F. HUDSON; from Nueces County; 13th Court of Appeals District (13-16-00451-CV, ___ SW3d ___, 05-25-17)
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17-0564
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COSMOPOLITAN CONDOMINIUM OWNERS ASSOCIATION v. CLASS A INVESTORS POST OAK, LP; from Harris County; 1st Court of Appeals District (01-16-00769-CV, ___ SW3d ___, 04-27-17)
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17-0575
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IN RE COMMITMENT OF BILLY DEAN PRICE; from Fannin County; 6th Court of Appeals District (06-16-00077-CV, ___ SW3d ___, 05-26-17)
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17-0837
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IN THE INTEREST OF C.S., G.M.S., J.C.S., J.S., AND R.S., CHILDREN; from Parmer County; 7th Court of Appeals District (07-17-00329-CV, ___ SW3d ___, 09-26-17)
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17-0884
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WILLIAM A. VANDERVLIST v. SAMARA PORTFOLIO MANAGEMENT, LLC; from Harris County; 14th Court of Appeals District (14-16-00044-CV, ___ SW3d ___, 07-27-17)
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17-0896
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JOHN SPELLMANN, ET AL. v. JANET H. LOVE AND JHL INTERESTS, LTD.; from De Witt County; 13th Court of Appeals District (13-16-00011-CV, ___ SW3d ___, 08-10-17)
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17-0934
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NATHAN CARUSO AND JENNIFER DONNER v. NATHANIEL YOUNG; from Travis County; 13th Court of Appeals District (13-16-00376-CV, ___ SW3d ___, 08-24-17)
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17-0987
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AJBJK, L.L.P. v. SAEFALDIN RAHMATI AND ABDUL SAEED ASSADI RAHMATI; from Fort Bend County; 1st Court of Appeals District (01-15-01036-CV, ___ SW3d ___, 10-26-17)
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17-0989
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REBECA BALDERAS-RAMIREZ v. ANTHONY CARL FELDER; from Travis County; 3rd Court of Appeals District (03-16-00322-CV, 537 SW3d 625, 11-21-17)
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17-1000
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SHAMEKA ANDREA SMITH v. ALDINE INDEPENDENT SCHOOL DISTRICT; from Harris County; 1st Court of Appeals District (01-17-00700-CV, ___ SW3d ___, 11-21-17)
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motion for en banc reconsideration denied
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18-0020
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IN THE INTEREST OF K.R., A.R., G.L.C., CHILDREN; from Nueces County; 13th Court of Appeals District (13-17-00281-CV, ___ SW3d ___, 10-26-17)
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18-0030
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TIMOTHY FITZGERALD AND WYNNE A. FITZGERALD v. WATER ROCK OUTDOORS, LLC D/B/A ARTISAN HOMES, GRANT WILSON, AND INGRAM CONCRETE, LLC; from Lubbock County; 7th Court of Appeals District (07-16-00330-CV, 536 SW3d 112, 12-01-17)
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18-0032
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HATEM EL-KHALIDI v. ARABIAN AMERICAN DEVELOPMENT COMPANY; from Hardin County; 9th Court of Appeals District (09-16-00400-CV, ___ SW3d ___, 11-09-17)
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18-0036
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IN THE INTEREST OF J.H., A.H., J.H., L.H., AND H.H., CHILDREN; from Potter County; 7th Court of Appeals District (07-17-00307-CV, ___ SW3d ___, 12-11-17)
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18-0040
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LINDA MICHAELSKI v. JACK FRYDAY D/B/A FRYDAY CONSULTING SERVICES, INC.; from Harris County; 14th Court of Appeals District (14-16-00881-CV, ___ SW3d ___, 12-07-17)
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18-0062
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IN THE ESTATE OF ROSE FARHA NUNU, DECEASED; from Harris County; 14th Court of Appeals District (14-16-00394-CV, ___ SW3d ___, 11-02-17)
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18-0067
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BARBARA A. GARRETT AND NELSON GENE GARRETT v. SHAY BRINKLEY AND ROBIN BRINKLEY; from Burnet County; 3rd Court of Appeals District (03-17-00295-CV, ___ SW3d ___, 12-12-17)
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18-0085
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PRAISE DELIVERANCE CHURCH AND ALL OTHER OCCUPANTS OF 2400 EASTEX FREEWAY, HOUSTON, TEXAS v. JELINIS, LLC AND HREAL COMPANY, LLC; from Harris County; 1st Court of Appeals District (01-16-00890-CV, 536 SW3d 849, 10-19-17)
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18-0087
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ROBERT LOWRY, M.D.; NEUROLOGY AND NEUROPHYSIOLOGY ASSOCIATES, PA; JCMLR, PA; AND LYNNELL LOWRY, M.D. v. PETER A. TARBOX, M.D. AND/OR D/B/A PETER A. TARBOX, M.D. PA; from Bexar County; 4th Court of Appeals District (04-16-00416-CV, 537 SW3d 599, 10-25-17)
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18-0109
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TERRENCE L. DANIELS v. BARBARA BROWDER, IN HER INDIVIDUAL AND OFFICIAL CAPACITIES, SUSANA MARTINEZ, IN HER INDIVIDUAL AND OFFICIAL CAPACITIES, AMY ORLANDO, IN HER INDIVIDUAL AND OFFICIAL CAPACITIES, SUSAN RIEDEL, IN HER INDIVIDUAL AND OFFICIAL CAPACITIES, JAMES DICKENS, IN HIS INDIVIDUAL AND OFFICIAL CAPACITIES, ET AL.; from El Paso County; 8th Court of Appeals District (08-14-00060-CV, 538 SW3d 139, 10-31-17)
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18-0166
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JOHN MATTINGLY, CONNIE MATTINGLY AND TRISTAN MATTINGLY v. SWISHER INTERNATIONAL, INC. AND TERRY RAY WEBER; from Burnet County; 3rd Court of Appeals District (03-17-00510-CV, ___ SW3d ___, 01-11-18)
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18-0242
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IN THE INTEREST OF Y.M.D., A CHILD; from Howard County; 11th Court of Appeals District (11-17-00220-CV, ___ SW3d ___, 01-31-18)
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motion to withdraw as counsel granted
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THE FOLLOWING PETITION FOR REVIEW IS DISMISSED:
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16-0281
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ELIZABETH QUIROZ, AS NEXT FRIEND OF JOSEPH CARDONA A/K/A JOSEPH QUIROZ v. JORGE FABIO LLAMAS-SOFORO, M.D. AND JORGE FABIO LLAMAS-SOFORO, M.D., P.A. D/B/A EL PASO EYE CARE CENTER; from El Paso County; 8th Court of Appeals District (08-14-00073-CV, 483 SW3d 710, 01-06-16)
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unopposed motion to dismiss granted
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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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17-0374
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COMMUNICATION WORKERS OF AMERICA LOCAL 6215 AFL-CIO AND BONNIE MATHIAS v. TARSHA HARDY; from Dallas County; 5th Court of Appeals District (05-16-00829-CV, 536 SW3d 38, 03-31-17)
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17-0531
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GAYLAN HENDRICKS AND DAN HENDRICKS v. DON CORLEY, JR.; from Tarrant County; 2nd Court of Appeals District (02-16-00293-CV, ___ SW3d ___, 04-27-17)
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17-0914
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MARGARET D. ROBERTS v. MARTIN E. ROBERTS; from Bexar County; 4th Court of Appeals District (04-16-00170-CV, 531 SW3d 224, 05-10-17)
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17-0996
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LARRY B. JOHNSON v. JAMES W. VOLBERDING; from Smith County; 12th Court of Appeals District (12-17-00247-CV, ___ SW3d ___, 09-06-17)
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THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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16-0556
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IN RE ACCIDENT FUND GENERAL INSURANCE COMPANY AND KRISTE HENDERSON; from Hidalgo County; 13th Court of Appeals District (13-16-00315-CV, ___ SW3d ___, 07-21-16)
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16-0877
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IN RE MCCLELLAND & HINE, INC.; from Hidalgo County; 13th Court of Appeals District (13-16-00527-CV, ___ SW3d ___, 10-06-16)
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17-0308
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IN RE JOSEPH ANDRE DAVIS; from Harris County; 1st Court of Appeals District (01-16-00731-CV, ___ SW3d ___, 10-27-16)
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as supplemented
motion to take judicial notice dismissed as moot
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MISCELLANEOUS
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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17-0741
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IN RE CLEO BUSTAMANTE, JR.; from Maverick County; 4th Court of Appeals District (04-17-00553-CV, ___ SW3d ___, 09-07-17)
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18-0176
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IN RE ARTURO GARCIA AND AURELIA GARCIA; from Hidalgo County; 13th Court of Appeals District (13-18-00079-CV, ___ SW3d ___, 02-08-18)
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THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED:
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18-0214
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IN RE LTF CLUB OPERATIONS CO., INC. D/B/A LIFE TIME FITNESS #152; from Bexar County; 4th Court of Appeals District (04-18-00106-CV, ___ SW3d ___, 03-07-18)
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as supplemented
unopposed motion to dismiss proceeding granted
relator's motion for emergency temporary relief dismissed
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THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS ABATED:
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17-0818
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IN RE VCC, LLC, VRATSINAS CONSTRUCTION CO., NATO GARCIA D/B/A NATO GARCIA COMPANY, AND PHI SERVICE AGENCY, INC.; from Hidalgo County; 13th Court of Appeals District (13-17-00521-CV, ___ SW3d ___, 09-28-17)
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motion to dismiss petition, or alternatively, motion to abate granted in part
stay order issued October 31, 2017, lifted
revised stay order issued December 15, 2017, lifted
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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THE DECISION OF THE BOARD OF DISCIPLINARY APPEALS IN THE FOLLOWING APPEAL IS AFFIRMED:
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17-0878
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CHRISTOPHER GRAHAM v. COMMISSION OF LAWYER DISCIPLINE
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