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THE SUPREME COURT OF TEXAS
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Orders Pronounced June 1, 2018
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ORDERS ON CAUSES
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16-0505
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MURPHY EXPLORATION & PRODUCTION COMPANY—USA, A DELAWARE CORPORATION v. SHIRLEY ADAMS, CHARLENE BURGESS, WILLIE MAE HERBST JASIK, WILLIAM ALBERT HERBST, HELEN HERBST, AND R. MAY OIL & GAS COMPANY, LTD.; from Atascosa County; 4th Court of Appeals District (04-15-00118-CV, 497 SW3d 510, 06-15-16)
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The Court reverses the court of appeals' judgment and reinstates the trial court's judgment as modified.
Justice Lehrmann delivered the opinion of the Court, in which Chief Justice Hecht, Justice Devine, Justice Brown, and Justice Blacklock joined.
Justice Johnson delivered a dissenting opinion, in which Justice Green, Justice Guzman and Justice Boyd joined.
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17-0140
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SKY VIEW AT LAS PALMAS, LLC AND ILAN ISRAELY v. ROMAN GERONIMO MARTINEZ MENDEZ AND SAN JACINTO TITLE SERVICES OF RIO GRANDE VALLEY, LLC; from Hidalgo County; 13th Court of Appeals District (13-15-00019-CV, ___ SW3d ___, 01-19-17)
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The Court reverses the court of appeals' judgment, renders judgment in part, and remands the case to the court of appeals.
Justice Green delivered the opinion of the Court.
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17-0198
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WASSON INTERESTS, LTD. v. CITY OF JACKSONVILLE, TEXAS; from Cherokee County; 12th Court of Appeals District (12-13-00262-CV, 513 SW3d 217, 12-09-16)
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The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Boyd delivered the opinion of the Court.
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17-0245
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OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, A SUBROGEE OF CHITRA CHANDRASEKARAN v. LISA SIMONE BELL F/K/A LISA SIMONE OVERMAN, F/K/A LISA SIMONE, AND ROBIN W. GOLDSMITH; from Tarrant County; 2nd Court of Appeals District (02-15-00207-CV, ___ SW3d ___, 12-15-16)
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THE FOLLOWING CAUSE IS DISMISSED AS MOOT:
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17-0264
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IN RE FORD MOTOR COMPANY; from Harris County; 1st Court of Appeals District (01-17-00128-CV, ___ SW3d ___, 03-28-17)
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real parties in interest's motion to dismiss mandamus as moot granted
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(Justice Guzman not sitting)
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THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:
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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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17-0262
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ANNETTE KNOPF AND STANLEY GRAY v. WILLIAM ROBERT GRAY, KAREN ANN GRAY, AND POLASEK FARMS, LLC; from Robertson County; 10th Court of Appeals District (10-15-00273-CV, 541 SW3d 200, 01-11-17)
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ORDERS ON CASES GRANTED
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THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
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16-0874
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MICHAEL JOE SORRELL AND SORRELL FAMILY, LTD PARTNERS v. ESTATE OF BENJAMIN HARDY CARLTON, III; from Brazoria County; 14th Court of Appeals District (14-15-00361-CV, 504 SW3d 379, 08-11-16)
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[Note: The date and time for oral argument are yet to be determined.]
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16-0966
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THOMAS A. LALONDE, JR., P.E., INDIVIDUALLY AND D/B/A LEE ENGINEERING CO., LEE ENGINEERING CO., STANLEY HAROLD PRATHER AND PRATHER ENGINEERING CONSULTANTS, INC. v. PAUL GOSNELL AND KIM GOSNELL; from Denton County; 2nd Court of Appeals District (02-15-00250-CV, ___ SW3d ___, 08-31-16)
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[Note: The date and time for oral argument are yet to be determined.]
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16-0998
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RSL FUNDING, LLC AND RSL SPECIAL-IV LIMITED PARTNERSHIP v. RICKEY NEWSOME; from Dallas County; 5th Court of Appeals District (05-15-00718-CV, ___ SW3d ___, 08-30-16)
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[Note: The date and time for oral argument are yet to be determined.]
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16-1013
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ANADARKO PETROLEUM CORPORATION AND ANADARKO E&P COMPANY, L.P. v. HOUSTON CASUALTY COMPANY, ET AL.; from Montgomery County; 9th Court of Appeals District (09-14-00459-CV, ___ SW3d ___, 11-17-16)
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[Note: The date and time for oral argument are yet to be determined.]
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17-0058
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LARRY EDDINGTON, VINCENT J. AURENTZ AND WILLIAM J. BUTLER v. DALLAS POLICE AND FIRE PENSION SYSTEM AND SAMUEL L. FRIAR, IN HIS OFFICIAL CAPACITY AS BOARD CHAIR; from Dallas County; 5th Court of Appeals District (05-15-00839-CV, 508 SW3d 774, 12-13-16)
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[Note: The date and time for oral argument are yet to be determined.]
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(Justice Guzman and Justice Brown not sitting)
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17-0065
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COMPASS BANK v. FRANCISCO CALLEJA-AHEDO; from Harris County; 1st Court of Appeals District (01-15-00210-CV, 508 SW3d 791, 12-15-16)
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[Note: The date and time for oral argument are yet to be determined.]
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17-0200
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EXXON MOBIL CORPORATION v. THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA; from Harris County; 1st Court of Appeals District (01-15-00453-CV, 506 SW3d 498, 07-14-16)
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motion for rehearing granted
denial of petition for review on January 26, 2018, withdrawn
petition reinstated
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[Note: The date and time for oral argument are yet to be determined.]
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(Justice Lehrmann not sitting)
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17-0328
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TRACY WINDRUM, INDIVIDUALLY, AS REPRESENTATIVE OF THE ESTATE OF LANCER WINDRUM, AND ON BEHALF OF HER MINOR CHILDREN, B.W., J.W. AND H.W. v. VICTOR KAREH M.D.; from Harris County; 1st Court of Appeals District (01-14-00179-CV, 518 SW3d 496, 03-16-17)
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[Note: The date and time for oral argument are yet to be determined.]
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17-0423
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HAYS STREET BRIDGE RESTORATION GROUP v. CITY OF SAN ANTONIO; from Bexar County; 4th Court of Appeals District (04-14-00886-CV, ___ SW3d ___, 03-01-17)
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[Note: The date and time for oral argument are yet to be determined.]
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17-0463
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GLASSDOOR, INC., DOE 1 AND DOE 2 v. ANDRA GROUP, LP; from Dallas County; 5th Court of Appeals District (05-16-00189-CV, ___ SW3d ___, 03-24-17)
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[Note: The date and time for oral argument are yet to be determined.]
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17-0588
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ERIC D. HILLMAN v. NUECES COUNTY, TEXAS AND NUECES COUNTY DISTRICT ATTORNEY’S OFFICE; from Nueces County; 13th Court of Appeals District (13-16-00012-CV, ___ SW3d ___, 06-08-17)
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[Note: The date and time for oral argument are yet to be determined.]
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17-0660
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ROSENBERG DEVELOPMENT CORPORATION v. IMPERIAL PERFORMING ARTS, INC.; from Fort Bend County; 14th Court of Appeals District (14-16-00978-CV, 526 SW3d 693, 07-06-17)
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[Note: The date and time for oral argument are yet to be determined.]
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18-0489
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SUE ABSHIRE v. HEALTHSOUTH REHABILITATION HOSPITAL OF BEAUMONT, LLC; from Jefferson County; 9th Court of Appeals District (09-16-00107-CV, ___ SW3d ___, 03-30-17)
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joint motion for partial dismissal of petition for review pursuant to Texas Rule of Appellate Procedure 56.3 granted as follows:
Pursuant to Texas Rule of Appellate Procedure 56.3, the Court severs the portion of the proceedings against Respondent HealthSouth Rehabilitation Hospital of Beaumont, LLC from case number 17-0386 into case number 18-0489, styled Sue Abshire v. HealthSouth Rehabilitation Hospital of Beaumont, LLC. The Court grants the petition in case number 18-0489 and remands the case to the trial court for rendition of judgment pursuant to the parties' settlement agreement. The remainder of the appeal in case number 17-0386, restyled Sue Abshire v. Christus Health Southeast Texas d/b/a Christus Hospital-St. Elizabeth, remains pending before this Court.
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ORDERS ON PETITIONS FOR REVIEW
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THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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16-0268
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NABORS WELL SERVICES, LTD. F/K/A POOL COMPANY TEXAS, LTD. AND LAURO BERNAL GARCIA v. ASUNCION ROMERO, ET AL.; from Pecos County; 8th Court of Appeals District (08-09-00319-CV, 508 SW3d 512, 02-29-16)
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16-0305
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JOHN DAVIS D/B/A J.D. HOUSE OF STYLE v. NATIONAL LLOYDS INSURANCE COMPANY; from Harris County; 1st Court of Appeals District (01-14-00278-CV, 484 SW3d 459, 10-13-15)
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16-0381
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AD VILLARAI, LLC v. CHAN PAK; from Dallas County; 5th Court of Appeals District (05-15-00079-CV, ___ SW3d ___, 04-06-16)
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16-0913
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IN THE INTEREST OF E.J.R., A CHILD; from Cameron County; 13th Court of Appeals District (13-16-00302-CV, 503 SW3d 536, 09-29-16)
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17-0254
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NANCY HIGGINSON, DEBBIE CHEADLE, EDWARD CHEADLE, ARTHUR CHEADLE, WAYNE CARSON, FINNEY CHEADLE, CHERYL SHOOP AND KEITH SAWAYA v. RAEANNE MARTIN; from Lubbock County; 7th Court of Appeals District (07-15-00343-CV, ___ SW3d ___, 02-14-17)
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(Justice Lehrmann not sitting)
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17-0450
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HARTMAN NEWSPAPERS, LP D/B/A FORT BEND HERALD AND TEXAS COASTER v. TROY E. NEHLS, SHERIFF, AND FORT BEND COUNTY, TEXAS; from Fort Bend County; 1st Court of Appeals District (01-16-00121-CV, 522 SW3d 23, 04-27-17)
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17-0468
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RLJ II-C AUSTIN AIR, LP; RLJ II-C AUSTIN AIR LESSEE, LP; AND RLJ LODGING FUND II ACQUISITIONS, LLC v. ELNESS SWENSON GRAHAM ARCHITECTS, INC.; from Travis County; 3rd Court of Appeals District (03-14-00738-CV, 520 SW3d 145, 05-03-17)
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2 petitions
motion to amend dismissed as moot
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17-0480
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IN THE INTEREST OF X.H., A CHILD; from Lubbock County; 7th Court of Appeals District (07-16-00410-CV, ___ SW3d ___, 05-02-17)
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17-0523
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LAYNE HARDIN AND KATHERINE LEBLANC v. OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES, P.A. N/K/A OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES, PLLC, TEXAS ANDROLOGY SERVICES, LLC AND TOBIE DEVALL; from Harris County; 1st Court of Appeals District (01-15-01004-CV, 527 SW3d 424, 06-06-17)
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17-0530
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WOODLAKE PARTNERS, INC. AND WOODLAKE PARTNERS, L.P. v. GUADALUPE COUNTY; from Guadalupe County; 4th Court of Appeals District (04-16-00253-CV, ___ SW3d ___, 04-12-17)
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17-0552
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TEXAS DEPARTMENT OF CRIMINAL JUSTICE v. MAURIE LEVIN, NAOMI TERR, AND HILARY SHEARD; from Travis County; 3rd Court of Appeals District (03-15-00044-CV, 520 SW3d 225, 05-25-17)
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(Justice Blacklock not sitting)
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17-0686
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R. SCOTT PHELAN v. H. SCOTT NORVILLE; from Lubbock County; 10th Court of Appeals District (10-16-00187-CV, ___ SW3d ___, 07-26-17)
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(Justice Lehrmann not sitting)
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17-0855
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ANTONIO SISON, M.D. v. ANDREW M. AND CYNTHIA M., BOTH INDIVIDUALLY AND AS GUARDIANS TO C.M., A MINOR CHILD; from Tarrant County; 2nd Court of Appeals District (02-16-00129-CV, ___ SW3d ___, 09-07-17)
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17-0861
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JOHNNIE J. MOORE v. KATHALEAN G. MOORE; from Harris County; 14th Court of Appeals District (14-15-00859-CV, ___ SW3d ___, 07-20-17)
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17-0890
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DAN HAGOOD v. D. BRENT LEMON; from Dallas County; 8th Court of Appeals District (08-15-00309-CV, ___ SW3d ___, 07-26-17)
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17-1047
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ALISA RICH v. RANGE RESOURCES CORPORATION AND RANGE PRODUCTION COMPANY; from Parker County; 2nd Court of Appeals District (02-17-00090-CV, 535 SW3d 610, 11-22-17)
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17-1055
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JAMES C. ILER AND LINDA ILER v. RVOS FARM MUTUAL INSURANCE COMPANY; from Liberty County; 9th Court of Appeals District (09-16-00011-CV, ___ SW3d ___, 11-16-17)
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18-0007
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IN THE INTEREST OF C.E., A.M., AND J.M., CHILDREN; from Rains County; 12th Court of Appeals District (12-17-00352-CV, ___ SW3d ___, 11-30-17)
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motion for sanctions denied
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18-0008
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IN THE INTEREST OF C.E., A.M., AND J.M., CHILDREN; from Rains County; 12th Court of Appeals District (12-17-00353-CV, ___ SW3d ___, 11-30-17)
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motion for sanctions denied
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18-0058
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DON MCCAFFETY v. JOSE PINON; from Harris County; 14th Court of Appeals District (14-17-00430-CV, ___ SW3d ___, 11-07-17)
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18-0069
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KELLY THOMAS v. LOGIC UNDERWRITERS, INC. AND JOY YVONNE SMITH; from Denton County; 2nd Court of Appeals District (02-16-00376-CV, ___ SW3d ___, 11-16-17)
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as amended
motion to transfer denied
motion to request correction of opinion denied
motion misleading the court denied
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18-0151
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LISA KRAMER F/K/A LISA KASTLEMAN v. BRYAN KASTLEMAN; from Travis County; 3rd Court of Appeals District (03-13-00133-CV, ___ SW3d ___, 11-03-17)
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18-0283
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TONY R. JIMENEZ AND CYNTHIA L. JIMENEZ v. DAVID MCGEARY; from Tarrant County; 2nd Court of Appeals District (02-17-00085-CV, 542 SW3d 810, 01-25-18)
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18-0286
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ROBERT R. WIGHTMAN-CERVANTES v. MIKE HERNANDEZ; from Tarrant County; 2nd Court of Appeals District (02-17-00155-CV, ___ SW3d ___, 02-09-18)
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motion for sanctions dismissed
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18-0292
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RUDOLPH RESENDEZ, JR. v. STATE OF TEXAS, JESUS M. PERALTA, WILLIAM STEPHENS, DAVID BAKER, SYLVIA A. CORTEZ, AND JOE PENN; from Karnes County; 4th Court of Appeals District (04-17-00648-CV, ___ SW3d ___, 01-24-18)
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18-0298
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CARTO PROPERTIES, LLC JEN MARIE RAU, INDIVIDUALLY, KEY MAPS, INC, AND THE JEN MARIE RAU LIFE INSURANCE TRUST v. BRIAR CAPITAL, LP; from Harris County; 1st Court of Appeals District (01-15-01114-CV, ___ SW3d ___, 02-13-18)
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18-0300
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WAYNE M. ENGLISH AND JAMES D. COLLING v. COSTA BAJJALI; from Harris County; 1st Court of Appeals District (01-17-00093-CV, ___ SW3d ___, 12-21-17)
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18-0302
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IN THE INTEREST OF J.L.H. AND E.L.H., CHILDREN; from Harris County; 1st Court of Appeals District (01-17-00729-CV, ___ SW3d ___, 01-30-18)
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18-0303
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IN THE INTEREST OF N.J.D. AND A.W., CHILDREN; from Harris County; 14th Court of Appeals District (14-17-00711-CV, ___ SW3d ___, 02-01-18)
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18-0317
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JAMES J. ZARYCHTA, JR. v. CORNELIA GREENE; from Walker County; 6th Court of Appeals District (06-17-00105-CV, ___ SW3d ___, 02-14-18)
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18-0405
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IN THE INTEREST OF I.M.F., A CHILD; from Harris County; 14th Court of Appeals District (14-17-00758-CV, ___ SW3d ___, 03-06-18)
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counsel's corrected motion to withdraw 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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16-0455
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DR. JAMES JONES v. ANGELO STATE UNIVERSITY; from Tom Green County; 3rd Court of Appeals District (03-14-00112-CV, ___ SW3d ___, 06-10-16)
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16-0776
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SAMSON LONE STAR, LIMITED PARTNERSHIP N/K/A SAMSON EXPLORATION LLC v. CHARLES G. HOOKS III, INDIVIDUALLY AND AS INDEPENDENT EXECUTOR OF THE ESTATE OF CHARLES G. HOOKS, JR., AS TRUSTEE OF THE SCOTT IRA MCKEEVER TRUST AND THE DAVID WAYNE MCKEEVER TRUST, ET AL.; from Jefferson County; 1st Court of Appeals District (01-09-00328-CV, 497 SW3d 1, 08-16-16)
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17-0912
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STATE FARM LLOYDS v. CHARLES R. ALLEN AND JULIE L. ALLEN; from Dallas County; 5th Court of Appeals District (05-16-00108-CV, ___ SW3d ___, 08-01-17)
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THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
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17-0341
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IN RE J.P.; from Tarrant County; 2nd Court of Appeals District (02-17-00069-CV, ___ SW3d ___, 04-05-17)
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MISCELLANEOUS
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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17-0972
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IN RE SCRAP METAL SERVICES, LLC, SMS ALL STAR HOLDINGS, LLC, ALL STAR METALS, LLC, JEFRY K. GERTLER, RICHARD A. GERTLER, AND NIKHIL SHAH; from Hidalgo County; 13th Court of Appeals District (13-17-00642-CV, ___ SW3d ___, 11-29-17)
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stay order issued February 7, 2018, lifted
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18-0364
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IN RE JANINE CHARBONEAU; from Collin County; 5th Court of Appeals District (05-18-00233-CV, ___ SW3d ___, 03-09-18)
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THE FOLLOWING PETITION FOR WRIT OF HABEAS CORPUS IS DENIED:
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17-0895
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IN RE T.P.F., JR.; from Bell County
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