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THE SUPREME COURT OF TEXAS
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Orders Pronounced June 15, 2018
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ORDERS ON CAUSES
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16-0125
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DEBRA C. GUNN, M.D., OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES, P.A., AND OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES P.L.L.C. v. ANDRE MCCOY, AS PERMANENT GUARDIAN OF SHANNON MILES MCCOY, AN INCAPACITATED PERSON; from Harris County; 14th Court of Appeals District (14-14-00112-CV, 489 SW3d 75, 03-24-16)
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The Court affirms the court of appeals' judgment.
Justice Green delivered the opinion of the Court, in which Chief Justice Hecht, Justice Lehrmann, Justice Devine, Justice Brown, and Justice Blacklock joined.
Justice Johnson delivered a dissenting opinion, in which Justice Boyd joined.
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(Justice Guzman not sitting)
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16-0715
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IN THE INTEREST OF H.S., A MINOR CHILD; from Tarrant County; 2nd Court of Appeals District (02-15-00303-CV, ___ SW3d ___, 07-28-16)
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The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Lehrmann delivered the opinion of the Court, in which Chief Justice Hecht, Justice Green, Justice Boyd, and Justice Devine.
Justice Guzman delivered a dissenting opinion.
Justice Blacklock delivered a dissenting opinion, in which Justice Johnson, Justice Guzman, and Justice Brown joined.
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17-0623
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VICTOR STINES v. JEFFERSON COUNTY, TEXAS; from Jefferson County; 9th Court of Appeals District (09-16-00058-CV, 523 SW3d 691, 06-22-17)
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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 in part, vacates it in part, and remands the case to the trial court.
Per Curiam Opinion
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THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:
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15-0712
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JPMORGAN CHASE BANK, N.A., ET AL. v. ORCA ASSETS G.P., L.L.C.; from Dallas County; 5th Court of Appeals District (05-13-01700-CV, 542 SW3d 591, 08-11-15)
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16-0498
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JEFFERSON COUNTY, TEXAS v. JEFFERSON COUNTY CONSTABLES ASSOCIATION; from Jefferson County; 13th Court of Appeals District (13-14-00188-CV, 512 SW3d 434, 05-05-16)
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ORDERS ON CASES GRANTED
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THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
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17-0509
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TEXAS OUTFITTERS LIMITED, LLC v. CAROLYN GRACE NICHOLSON, WILLIAM LUTHER CARTER, JR., AND DORA JO CARTER, INDIVIDUALLY AND AS GENERAL PARTNER OF CARTER RANCH, LTD.; from Frio County; 4th Court of Appeals District (04-16-00392-CV, 534 SW3d 65, 05-17-17)
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[Note: The date and time for oral argument are yet to be determined.]
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17-0538
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SABRE TRAVEL INTERNATIONAL LTD. v. DEUTSCHE LUFTHANSA AG, AUSTRIAN AIRLINES AG, BRUSSELS AIRLINES NV/SA, AND SWISS INTERNATIONAL AIR LINES LTD.; from Tarrant County; 2nd Court of Appeals District (02-17-00153-CV, ___ SW3d ___, 06-01-17)
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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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17-0541
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HENRY RAWSON, JR. AND SUSAN RAWSON v. OXEA CORPORATION; from Harris County; 1st Court of Appeals District (01-15-01005-CV, ___ SW3d ___ 12-22-16)
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[Note: The date and time for oral argument are yet to be determined.]
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17-0636
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DANIEL NGHIEM v. RUPOM SAJIB AND GLOBAL AVIATION SERVICE, INC. D/B/A, GLOBAL AVIATION SERVICES AND D/B/A GLOBAL AVIATION SERVICES, INC.; from Harris County; 1st Court of Appeals District (01-16-00585-CV, ___ SW3d ___, 06-29-17)
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[Note: The date and time for oral argument are yet to be determined.]
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17-0762
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MUSA ('MOSES') N. MUSALLAM v. AMAR B. ALI; from Tarrant County; 2nd Court of Appeals District (02-16-00282-CV, ___ SW3d ___, 08-03-17)
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[Note: The date and time for oral argument are yet to be determined.]
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17-0815
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ADVANCED POWDER SOLUTIONS, INC. v. HARRIS COUNTY APPRAISAL DISTRICT; from Harris County; 14th Court of Appeals District (14-16-00313-CV, 528 SW3d 779, 06-13-17)
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abatement order issued May 1, 2018, lifted
petition reinstated
agreed motion pursuant to Rule 56.3, granted in part as follows:
Pursuant to Texas Rule of Appellate Procedure 56.3, without considering the merits, the Court grants the petition for review, vacates the judgment of the court of appeals and remands the case to the trial court for rendition of judgment in accordance with the parties' settlement agreement.
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ORDERS ON PETITIONS FOR REVIEW
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THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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17-0486
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IN THE INTEREST OF R.T., F.M.P. AND F.L.P., CHILDREN; from Harris County; 14th Court of Appeals District (14-16-00970-CV, ___ SW3d ___, 05-04-17)
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counsel's motion to withdraw granted
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17-0648
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HOANG-YEN THI DANG v. JIMMY TRAN; from Harris County; 1st Court of Appeals District (01-14-00539-CV, ___ SW3d ___, 06-13-17)
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17-0712
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TOTAL E&P USA, INC. v. MO-VAC SERVICES COMPANY, INC.; from Hidalgo County; 13th Court of Appeals District (13-15-00348-CV, ___ SW3d ___, 07-27-17)
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17-0717
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GEORGIA KAYE SYMPSON AND CLIFFORD A. HALL, SR. v. WILLIAM T. GARRETT AND LANETTA M. GARRETT; from Hood County; 2nd Court of Appeals District (02-16-00437-CV, 523 SW3d 862, 06-08-17)
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17-0755
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LON SMITH & ASSOCIATES, INC. AND A-1 SYSTEMS, INC., D/B/A LON SMITH ROOFING AND CONSTRUCTION v. JOE KEY AND STACCI KEY; from Tarrant County; 2nd Court of Appeals District (02-15-00328-CV, 527 SW3d 604, 08-03-17)
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17-0906
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JULIA L. VARGO v. ROBERT T. O'DONNELL; from Collin County; 5th Court of Appeals District (05-16-01058-CV, ___ SW3d ___, 09-22-17)
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17-0908
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ALMA L. GOMEZ AND ALBERTO F. GOMEZ, INDIVIDUALLY AND AS NEXT FRIEND OF JORGE ELIAS GOMEZ, A DECEASED MINOR AND ON BEHALF OF THE ESTATE OF JORGE ELIAS GOMEZ, A DECEASED MINOR AND YOLANDA MEDELLIN, INDIVIDUALLY AND AS NEXT FRIEND OF JESUS MEDELLIN v. AMERICAN HONDA MOTOR CO., INC.; from Maverick County; 4th Court of Appeals District (04-16-00342-CV, ___ SW3d ___, 07-26-17)
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17-0927
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RONALD ROGERS, INDIVIDUALLY AND AS EXECUTOR TO THE ESTATE OF LOUISE ROGERS v. TED L. WALKER; from Jasper County; 9th Court of Appeals District (09-15-00489-CV, ___ SW3d ___, 08-03-17)
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18-0057
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LEE WEBESTER v. GSE LINING TECHNOLOGY LLC; from Harris County; 14th Court of Appeals District (14-16-00841-CV, ___ SW3d ___, 12-21-17)
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18-0144
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SWIG PARTNERS LP, SWIG PARTNERS GP, LLC, WOO YOUNG CHUNG, KUN YOUNG KIM, KAY KAIM, KYU YOUNG KIM, STEVEN LEE, HUN KYU LEE, EDWIN PAK, HYUK KEUN KWUN, SHI CHUI KUM, WOON CHUL CHUNG, NAM SUN PAEK, YOO SANG CHO, HWAN HURH, HAK SON AHN, HAROLD K. SHIN, HYO WON BANG, EDWARD KIM, SUN KYUM CHA A/K/A STEPHEN CHA, KWANG H. KIM, JANG Y. LEE, JIM HEE CHA, SUNG CHOOI LEE, JAMES LEE, JIN K. CHING, KWANG JAE LEE, MARY CHU DIERLAM, AND CHONG WON KIM v. BRANCH BANKING AND TRUST COMPANY; from Dallas County; 5th Court of Appeals District (05-15-00878-CV, ___ SW3d ___, 12-13-17)
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18-0164
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EFREM D. SEWELL v. ZURICH AMERICAN INSURANCE COMPANY; from Jefferson County; 9th Court of Appeals District (09-16-00079-CV, ___ SW3d ___, 12-21-17)
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18-0175
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BEATRICE ZARATE v. ARIC RODRIGUEZ DBA MID-TOWN REALTY; from Harris County; 14th Court of Appeals District (14-16-00038-CV, 542 SW3d 26, 10-17-17)
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18-0187
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THOMAS LANNY VLASAK, AS TRUSTEE FOR THE SILBER FAMILY TRUST v. TAXCO, INC.; from Harris County; 1st Court of Appeals District (01-16-00191-CV, ___ SW3d ___, 07-11-17)
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18-0201
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IN THE INTEREST OF B.T.G., A MINOR CHILD; from Dallas County; 5th Court of Appeals District (05-16-00370-CV, ___ SW3d ___, 08-08-17)
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18-0234
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SENSIBLE CARE HOLDINGS, LLC, ALAN GUGGENHEIM, AND SUSANNE GUGGENHEIM v. BURL AND MARIAN SENS; from Nueces County; 13th Court of Appeals District (13-16-00422-CV, ___ SW3d ___, 01-25-18)
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18-0235
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IN THE INTEREST OF M.A.N.Z., A CHILD; from Bexar County; 4th Court of Appeals District (04-17-00381-CV, ___ SW3d ___, 12-06-17)
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18-0305
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IN THE INTEREST OF Y.R., A CHILD; from Tarrant County; 2nd Court of Appeals District (02-17-00301-CV, ___ SW3d ___, 02-15-18)
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18-0313
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DON MCCAFFETY v. ANGELA BLANCHARD; from Harris County; 1st Court of Appeals District (01-15-01077-CV, ___ SW3d ___, 01-25-18)
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18-0328
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SYLVIA GARDNER v. ERIC GARDNER; from Bexar County; 4th Court of Appeals District (04-17-00414-CV, ___ SW3d ___, 01-24-18)
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18-0340
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IN THE INTEREST OF J.S.-A.S. A/K/A J.S. AND J.B.S., JR., CHILDREN; from Harris County; 1st Court of Appeals District (01-17-00491-CV, ___ SW3d ___, 02-15-18)
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2 petitions
counsel's motion to withdraw granted
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18-0341
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IN THE INTEREST OF J.C., A CHILD; from Harris County; 14th Court of Appeals District (14-17-00707-CV, ___ SW3d ___, 02-15-18)
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18-0404
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IN THE INTEREST OF K.G.-J.W. A/K/A K.W., A CHILD; from Harris County; 1st Court of Appeals District (01-17-00739-CV, ___ SW3d ___, 03-06-18)
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counsel's motion to withdraw granted
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18-0412
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FEYSAL AYATI-GHAFFARI v. JPMORGAN CHASE BANK, NATIONAL ASSOCIATION; from Collin County; 5th Court of Appeals District (05-17-00482-CV, ___ SW3d ___, 04-03-18)
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18-0463
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IN THE INTEREST OF K.A.R., A CHILD; from Bexar County; 4th Court of Appeals District (04-17-00723-CV, ___ SW3d ___, 04-11-18)
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18-0478
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IN THE INTEREST OF Z.C.I. AND I.V.I., CHILDREN; from Dawson County; 11th Court of Appeals District (11-17-00274-CV, ___ SW3d ___, 03-28-18)
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18-0511
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IN THE INTEREST OF J.M.A.-H. AND H.E.A., CHILDREN; from Bexar County; 4th Court of Appeals District (04-17-00756-CV, ___ SW3d ___, 04-18-18)
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18-0518
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IN THE INTEREST OF I.P., JR., A CHILD; from Bexar County; 4th Court of Appeals District (04-17-00724-CV, ___ SW3d ___, 04-25-18)
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A STAY IS ISSUED IN THE FOLLOWING PETITION FOR REVIEW:
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18-0052
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T&T ROCK DISTRIBUTION, LLC v. RUTILIO I. VELASCO; from Johnson County; 10th Court of Appeals District (10-16-00408-CV, ___ SW3d ___, 12-20-17)
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emergency motion to stay litigation and discovery granted
stay order issued
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[Note: The petition for review remains pending before this Court.]
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THE FOLLOWING PETITION FOR REVIEW IS DISMISSED:
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18-0326
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AQUATECH SALTWATER DISPOSAL, LLC D/B/A AQUA TECH WATER & DISPOSAL, LLC, AND ERIC SCHMITZ v. WATERWORKS CORRAL CREEK, LLC AND SALTWATER DISPOSAL SYSTEMS, LLC; from Travis County; 3rd Court of Appeals District (03-16-00309-CV, ___ SW3d ___, 02-21-18)
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unopposed motion to dismiss granted
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ORDERS ON MOTIONS FOR REHEARING
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THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR REVIEW IS GRANTED:
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17-0072
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LAKOTA ENERGY LIMITED PARTNERSHIP v. MERIT MANAGEMENT PARTNERS I, L.P.; MERIT ENERGY PARTNERS III, L.P.; AND MERIT ENERGY COMPANY, LLC; from Wise County; 2nd Court of Appeals District (02-13-00057-CV, ___ SW3d ___, 11-17-16)
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denial of petition for review on January 26, 2018, withdrawn
petition reinstated
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[Note: The petition for review remains pending before this Court.]
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THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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16-0206
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WHITE LION HOLDINGS, L.L.C. v. THE STATE OF TEXAS; from Travis County; 1st Court of Appeals District (01-14-00104-CV, ___ SW3d ___, 09-24-15)
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17-0877
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IN THE INTEREST OF S.V. AND S.V., CHILDREN; from Dallas County; 5th Court of Appeals District (05-16-00519-CV, ___ SW3d ___, 08-30-17)
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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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18-0244
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JESUS E. TIRREZ v. COMMISSION FOR LAWYER DISCIPLINE AND LINDA A. ACEVEDO, IN HER OFFICIAL CAPACITY AS THE CHIEF DISCIPLINARY COUNSEL OF THE STATE BAR OF TEXAS; from Travis County; 3rd Court of Appeals District (03-16-00318-CV, ___ SW3d ___, 01-12-18)
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MISCELLANEOUS
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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17-0949
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IN RE LEXTER KENNON KOSSIE
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17-0982
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IN RE OSCAR SALDIVAR, INNOVATIVE BLOCK OF SOUTH TEXAS, LTD., AND INNOVATIVE SUPPLY, L.L.C.; from Hidalgo County; 13th Court of Appeals District (13-17-00648-CV, ___ SW3d ___, 11-28-17)
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stay order issued December 8, 2017, lifted
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17-1014
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IN RE ANDY SANCHEZ; from Bexar County; 4th Court of Appeals District (04-17-00615-CR, ___ SW3d ___, 10-04-17)
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18-0010
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IN RE LANCE KIAN GRANMAYEH; from Harris County; 1st Court of Appeals District (01-17-00728-CV, ___ SW3d ___, 12-28-17)
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stay order issued March 19, 2018, lifted
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18-0173
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IN RE MEGALOMEDIA, INC.; MANSFIELD FILMS, LLC; AND JONATHAN NOWZARADAN; from Travis County; 3rd Court of Appeals District (03-17-00641-CV, ___ SW3d ___, 12-15-17)
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18-0275
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IN RE J.P.N.; from Bexar County; 4th Court of Appeals District (04-17-00633-CV, ___ SW3d ___, 03-14-18)
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relator's motion for leave to exceed word limits granted
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18-0319
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IN RE MADELEINE CONNOR; from Travis County; 3rd Court of Appeals District (03-18-00031-CV, ___ SW3d ___, 05-02-18)
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18-0334
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IN RE TEXAS PRIVATE SCHOOLS FOUNDATION, INC. D/B/A ALLEN ACADEMY; from Brazos County; 10th Court of Appeals District (10-16-00343-CV, ___ SW3d ___, 01-10-18)
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18-0385
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IN RE WANDA LEE BOWLING; from Collin County; 5th Court of Appeals District (05-16-01196-CV, ___ SW3d ___, 11-07-17)
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