THE SUPREME COURT OF TEXAS
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Orders Pronounced August 30, 2019
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ORDERS ON CAUSES
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THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:
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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, 559 SW3d 183, 06-08-17)
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17-0637
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THE DALLAS MORNING NEWS, INC. AND KEVIN KRAUSE v. LEWIS HALL AND RICHARD HALL, INDIVIDUALLY AND ON BEHALF OF RXPRESS PHARMACIES AND XPRESS COMPOUNDING; from Parker County; 2nd Court of Appeals District (02-16-00371-CV, 524 SW3d 369, 05-25-17)
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18-0278
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DANIEL S. BARNETT AND ABOVO CORPORATION v. RICHARD B. SCHIRO; from Dallas County; 5th Court of Appeals District (05-16-00999-CV, ___ SW3d ___, 01-09-18)
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ORDERS ON CASES GRANTED
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THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
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17-0819
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STATE OF TEXAS v. R.R.S., A JUVENILE; from El Paso County; 8th Court of Appeals District (08-16-00042-CV, 536 SW3d 67, 08-25-17)
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[Note: This case has been set for oral argument at 9:00 a.m., January 7, 2020.] Time allotted to argue: 20/20 minutes
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18-0351
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UNIVERSITY OF INCARNATE WORD v. VALERIE REDUS, ET AL.; from Bexar County; 4th Court of Appeals District (04-15-00120-CV, ___ SW3d ___, 03-07-18)
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[Note: This case has been set for oral argument at 9:00 a.m., December 4, 2019.] Time allotted to argue: 20/20 minutes
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18-0352
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CHALKER ENERGY PARTNERS III, LLC, ET AL. v. LE NORMAN OPERATING LLC; from Harris County; 1st Court of Appeals District (01-15-01099-CV, 547 SW3d 27, 10-03-17)
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[Note: This case has been set for oral argument at 9:00 a.m., December 4, 2019.] Time allotted to argue: 20/20 minutes
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18-0438
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THE EPISCOPAL DIOCESE OF FORT WORTH v. THE EPISCOPAL CHURCH; from Tarrant County; 2nd Court of Appeals District (02-15-00220-CV, 547 SW3d 353, 04-05-18)
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[Note: This case has been set for oral argument at 9:00 a.m., December 5, 2019.] Time allotted to argue: 20/20 minutes
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18-0664
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PRSI TRADING, LLC v. HARRIS COUNTY; from Harris County; 1st Court of Appeals District (01-16-00389-CV, ___ SW3d ___, 06-22-17)
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[Note: This case has been set for oral argument at 9:00 a.m., December 5, 2019.] Time allotted to argue: 20/20 minutes
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18-0768
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SOUTHWESTERN ELECTRIC POWER COMPANY v. KENNETH LYNCH, TOMMY BATCHELOR AND TWANT WILSON; from Bowie County; 6th Court of Appeals District (06-17-00067-CV, ___ SW3d ___, 06-12-18)
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[Note: This case has been set for oral argument at 9:00 a.m., December 5, 2019.] Time allotted to argue: 20/20 minutes
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18-0986
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NORTH EAST INDEPENDENT SCHOOL DISTRICT AND TEXAS COMMISSIONER OF EDUCATION v. DEHANN RIOU; from Bexar County; 4th Court of Appeals District (04-17-00592-CV, ___ SW3d ___, 07-25-18)
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[Note: This case has been set for oral argument at 9:00 a.m., January 7, 2020.] Time allotted to argue: 20/20 minutes
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18-1053
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IN RE THE COMMITMENT OF MAURICE BLUITT; from Tarrant County; 2nd Court of Appeals District (02-17-00150-CV, 562 SW3d 665, 09-27-18)
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[Note: This case has been set for oral argument at 9:00 a.m., January 7, 2020.] Time allotted to argue: 20/20 minutes
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ORDERS ON PETITIONS FOR REVIEW
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THE FOLLOWING PETITIONS FOR REVIEW ARE DISMISSED AS MOOT:
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19-0016
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THE CITY OF DALLAS v. DALLAS COMPANION ANIMAL PROJECT; from Dallas County; 5th Court of Appeals District (05-18-00453-CV, ___ SW3d ___, 10-26-18)
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19-0454
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IN THE INTEREST OF I.L., A CHILD; from Bexar County; 4th Court of Appeals District (04-18-00742-CV, ___ SW3d ___, 04-10-19)
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THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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17-0971
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GENE E. PHILLIPS, INDIVIDUALLY AND D/B/A PHILLIPS OIL INTERESTS, LLC v. CARLTON ENERGY GROUP, LLC; from Harris County; 1st Court of Appeals District (01-09-00997-CV, 535 SW3d 542, 08-30-16)
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(Justice Busby not participating)
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17-1008
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B.C. v. STEAK N SHAKE OPERATIONS, INC.; from Collin County; 5th Court of Appeals District (05-14-00649-CV, 532 SW3d 547, 08-30-17)
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18-0092
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SHANNON DAVIS v. HUMBLE SURGICAL HOSPITAL, LLC, K&S CONSULTING, LLC D/B/A K+S CONSULTING; from Harris County; 14th Court of Appeals District (14-16-01026-CV, 542 SW3d 12, 10-17-17)
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(Justice Busby not participating)
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18-0282
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IN THE INTEREST OF B.D.A., L.A.A.-M., AND J.X.A., CHILDREN; from Harris County; 1st Court of Appeals District (01-17-00065-CV, 546 SW3d 346, 02-08-18)
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18-0306
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GLORIA LOZANO v. TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER; from El Paso County; 8th Court of Appeals District (08-16-00227-CV, 570 SW3d 740, 02-14-18)
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18-0309
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BERKEL & COMPANY CONTRACTORS, INC. v. TYLER LEE AND LEIGH ANN LEE, INDIVIDUALLY AND AS NEXT FRIEND OF S.R.L., A MINOR; from Brazoria County; 14th Court of Appeals District (14-15-00787-CV, 543 SW3d 288, 01-23-18)
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(Justice Lehrmann and Justice Busby not participating)
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18-0370
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LOUISE JENSCHKE v. ELAINE CLAUSSEN; from Karnes County; 4th Court of Appeals District (04-17-00132-CV, ___ SW3d ___, 02-07-18)
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18-0557
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JOHNSON COUNTY SPECIAL UTILITY DISTRICT v. PUBLIC UTILITY COMMISSION OF TEXAS; from Travis County; 3rd Court of Appeals District (03-17-00160-CV, ___ SW3d ___, 05-11-18)
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18-0611
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TEC OLMOS, LLC AND TERRACE ENERGY CORPORATION F/K/A TERRACE RESOURCES, INC. v. CONOCOPHILLIPS COMPANY; from Harris County; 1st Court of Appeals District (01-16-00579-CV, 555 SW3d 176, 05-31-18)
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18-0625
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DON A. JANSSEN AND DEBRA JANSSEN v. RITA GONZALEZ AS TRUSTEE OF RG FAMILY TRUST AND RAMON GONZALEZ; from Karnes County; 4th Court of Appeals District (04-17-00347-CV, 553 SW3d 633, 05-30-18)
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18-0651
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TOWN OF NORTHLAKE v. CITY OF JUSTIN; from Denton County; 6th Court of Appeals District (06-17-00054-CV, ___ SW3d ___, 05-02-18)
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18-0659
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THE STATE OF TEXAS v. GLEANNLOCH COMMERCIAL DEVELOPMENT, LP; from Harris County; 14th Court of Appeals District (14-16-00037-CV, ___ SW3d ___, 03-08-18)
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(Justice Busby not participating)
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18-0738
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HINGA MBOGO, HINGA'S AUTOMOTIVE CO., AND 3516 ROSS AVENUE, DALLAS, TEXAS v. CITY OF DALLAS, AND MICHAEL S. RAWLINGS, IN HIS OFFICIAL CAPACITY AS MAYOR OF THE CITY OF DALLAS, TEXAS, ET AL; from Dallas County; 5th Court of Appeals District (05-17-00879-CV, ___ SW3d ___, 06-29-18)
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18-0803
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RICK SOLIZ v. MONTGOMERY COUNTY APPRAISAL DISTRICT; from Montgomery County; 9th Court of Appeals District (09-18-00030-CV, ___ SW3d ___, 05-17-18)
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18-0859
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SUPERIOR ENERGY SERVICES, INC. v. VINCENT PARTIN; from Harris County; 1st Court of Appeals District (01-17-00629-CV, ___ SW3d ___, 08-14-18)
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18-1081
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RAQUEL SUAREZ, LUCILA SUAREZ, RAQUEL SUAREZ, RUBEN DARIO SUAREZ, INDIVIDUALLY AND AS HEIRS TO AND REPRESENTATIVES OF THE ESTATE OF JOSE DARIO SUAREZ, DECEASED v. AUSTIN BRIDGE & ROAD, LP; from Harris County; 1st Court of Appeals District (01-16-00682-CV, ___ SW3d ___, 05-03-18)
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(Justice Lehrmann not participating)
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18-1103
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DENTISTRY OF BROWNSVILLE, PC, KS2 TX, PC, SUMMIT DENTAL CENTER, LP AND HARLINGEN FAMILY DENTISTRY v. TEXAS HEALTH AND HUMAN SERVICES COMMISSION, CHARLES SMITH, EXECUTIVE DIRECTOR, AND ANNICK BARTON; from Travis County; 3rd Court of Appeals District (03-17-00552-CV, ___ SW3d ___, 10-18-18)
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18-1113
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TRACY L. CHILDERS AND MARY RUTH TROUT v. AVPM CORP. D/B/A STONELEIGH PLACE; from Dallas County; 5th Court of Appeals District (05-17-00372-CV, ___ SW3d ___, 07-03-18)
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18-1207
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TEXAS RACQUET & SPA, INC., D/B/A WESTSIDE TENNIS & FITNESS v. GINNY BOGGUS OBO JOHN CASEY; from Harris County; 14th Court of Appeals District (14-17-00308-CV, ___ SW3d ___, 08-16-18)
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(Justice Busby not participating)
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18-1228
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RICHARD O. WEED, TIMOTHY A. WEED, AND REES R. OLIVER, III v. FROST BANK, INDIVIDUALLY AND AS INDEPENDENT EXECUTOR OF THE ESTATE OF REES R. OLIVER, JR. DECEASED; from Bexar County; 4th Court of Appeals District (04-17-00811-CV, 565 SW3d 397, 11-14-18)
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(Justice Guzman not participating)
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19-0011
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COREALM, LLC v. KEEN FUSION, INC.; from Travis County; 3rd Court of Appeals District (03-17-00707-CV, ___ SW3d ___, 11-21-18)
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19-0028
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UNITED HEALTHCARE SERVICES, INC., UNITED HEALTHCARE INSURANCE COMPANY, UNITED HEATHCARE BENEFITS OF TEXAS, INC. & UNITED HEALTHCARE OF TEXAS, INC. v. HORTENCIA LUNA GONZALES AND RIVER OAKS EMERGENCY CENTER, LLC, ST MICHAEL'S EMERGENCY CENTER LLC, THE WOODLANDS FEC LLC, BRIAN ORSAK AND SHANNON ORSAK, JACOB VARON, FIRST STREET HOSPITAL LP, FIRST SURGICAL LLC & FIRST SURGICAL PARTNERS HOLDING INC. ET AL; from Harris County; 1st Court of Appeals District (01-17-00237-CV, 570 SW3d 323, 11-29-18)
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19-0035
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CHW-LATTAS CREEK, L.P. v. CITY OF ALICE; from Jim Wells County; 4th Court of Appeals District (04-18-00251-CV, 565 SW3d 779, 10-31-18)
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19-0047
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ABDUL HAMID RASUL AND ABRAHAM RASUL v. AZIZI RAHMAN RASUL, M. SHUAIB RASUL, M. IQBAL RASUL, KHALIL RAHMAN RASUL, HABIB RAHMAN RASUL, M. AMIN RASUL, AND RHAMAN TYRES INTERNATIONAL (PRIVATE) LIMITED; from Collin County; 5th Court of Appeals District (05-17-00612-CV, ___ SW3d ___, 12-17-18)
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19-0060
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ROSARA INVESTMENTS, LLC AND LMMM HOUSTON #50, LTD. v. AMIN ABEL, ET AL.; from Harris County; 1st Court of Appeals District (01-16-00415-CV, 562 SW3d 604, 08-23-18)
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19-0062
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SCARLETTE RAFFERTY ELLIOT, INDIVIDUALLY AND AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF SEAN CHRISTIAN RAFFERTY, AND SEAN PAUL RAFFERTY, INDIVIDUALLY v. BIRCHMAN BAPTIST CHURCH; from Denton County; 2nd Court of Appeals District (02-18-00031-CV, ___ SW3d ___, 11-21-18)
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19-0071
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MBOMETTE ASUQUO UDOBONG v. VERONICA MBOMETTE UDOBONG AND THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS; from Harris County; 14th Court of Appeals District (14-16-00856-CV, ___ SW3d ___, 12-06-18)
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(Justice Busby not participating)
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19-0080
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ALI CHOUDHRI v. OSAMA ABDULLATIF AND ALI MOKARAM; from Harris County; 14th Court of Appeals District (14-16-00116-CV, 561 SW3d 590, 03-30-18)
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(Justice Guzman and Justice Busby not participating)
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19-0111
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JOHN DAVID ADAMS v. STARSIDE CUSTOM BUILDERS, LLC; from Collin County; 5th Court of Appeals District (05-15-01162-CV, ___ SW3d ___, 12-07-18)
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19-0124
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PAUL T. YOUNG v. THE LANDING COMMUNITY IMPROVEMENT ASSOCIATION, INC.; from Galveston County; 1st Court of Appeals District (01-15-00816-CV, ___ SW3d ___, 05-22-18)
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19-0126
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THE STATE OF TEXAS BY AND THROUGH THE CITY OF DALLAS v. DALLAS PETS ALIVE; from Dallas County; 5th Court of Appeals District (05-18-00084-CV & 05-18-00282-CV, 566 SW3d 914, 12-21-18)
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19-0127
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STEPHEN MANLEY v. BANK OF AMERICA, N.A.; from Harris County; 1st Court of Appeals District (01-18-00080-CV, ___ SW3d ___, 12-20-18)
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(Justice Busby not participating)
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19-0149
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MARTA DIAZ v. ZURICH AMERICAN INSURANCE CO.; from Travis County; 14th Court of Appeals District (14-17-00295-CV, 566 SW3d 297, 08-30-18)
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(Justice Busby not participating)
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19-0164
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RICHARDSON COMMUNICATIONS & CONSULTING, INC. v. JAMES H. MCNEESE; from Collin County; 5th Court of Appeals District (05-17-00969-CV, ___ SW3d ___, 12-12-18)
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19-0168
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JEFF HART, AS NEXT FRIEND OF K.H., A MINOR, FARMERS TEXAS COUNTY MUTUAL INSURANCE COMPANY, AND RACHEL E. HOWARD v. CITY OF FORT WORTH; from Johnson County; 10th Court of Appeals District (10-17-00258-CV, ___ SW3d ___, 01-02-19)
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19-0274
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KILGORE INDEPENDENT SCHOOL DISTRICT v. THE STATE OF TEXAS; from Gregg County; 6th Court of Appeals District (06-18-00016-CV, 572 SW3d 244, 02-11-19)
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19-0285
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EX PARTE D.D.G.; from Brazos County; 10th Court of Appeals District (10-17-00123-CV, ___ SW3d ___, 02-27-19)
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19-0290
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NORTHWEST REGIONAL AIRPORT PROPERTY OWNERS ASSOCIATION, INC. v. CHARLES GLEN HYDE, NORTHWEST REGIONAL AIRPORT, INC., TEXAS AIR CLASSICS, INC., DREAMSHIPS, INC., AND HYDE-WAY, INC.; from Denton County; 2nd Court of Appeals District (02-17-00385-CV, ___ SW3d ___, 12-20-18)
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19-0296
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TEXAS BLACK IRON, INC. v. ARAWAK ENERGY INTERNATIONAL, LTD.; from Harris County; 14th Court of Appeals District (14-17-00748-CV, 566 SW3d 801, 12-06-18)
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19-0335
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JUDITH ANN MIEARS AND PATRICIA ANDERSON v. JEAN MCPHERSON; from Guadalupe County; 4th Court of Appeals District (04-17-00514-CV, ___ SW3d ___, 01-16-19)
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19-0350
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JOHN ELLIS v. DALLAS AREA RAPID TRANSIT; from Dallas County; 5th Court of Appeals District (05-18-00521-CV, ___ SW3d ___, 03-13-19)
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19-0353
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HEATHER KUTYBA v. ASHLEE E. WATTS, D.V.M. AND TEXAS A&M UNIVERSITY; from Brazos County; 10th Court of Appeals District (10-18-00168-CV, ___ SW3d ___, 03-13-19)
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19-0378
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PRIMESTAR CONSTRUCTION, INC. v. CITY OF DALLAS, TEXAS; from Dallas County; 5th Court of Appeals District (05-17-01447-CV, ___ SW3d ___, 03-05-19)
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19-0388
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LOUISE H. CHABOT v. THE ESTATE OF JOHN EDWARD SULLIVAN, DECEASED; MICHAEL E. DEADMAN, TEMPORARY ADMINISTRATOR; AND JOHN S. YOUNG; from Tom Green County; 3rd Court of Appeals District (03-17-00865-CV, ___ SW3d ___, 03-20-19)
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19-0409
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V.C. v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Travis County; 3rd Court of Appeals District (03-18-00746-CV, ___ SW3d ___, 03-28-19)
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19-0417
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ROBERT J. WILSON v. THE STATE BAR OF TEXAS; from Travis County; 3rd Court of Appeals District (03-18-00649-CV, ___ SW3d ___, 03-20-19)
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19-0433
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ROBERT S. BENNETT v. COMMISSION FOR LAWYER DISCIPLINE; from Harris County; 14th Court of Appeals District (14-17-00521-CV, ___ SW3d ___, 12-21-18)
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(Justice Lehrmann and Justice Busby not participating)
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19-0434
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TEXAS SMAC, LLC v. EMJ CORPORATION; from Webb County; 4th Court of Appeals District (04-18-00391-CV, ___ SW3d ___, 05-01-19)
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19-0438
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LASTARZA DANIELS v. JEANNETTE DANIELS, ANITA RHODES, AND WESLEY DANIELS; from Morris County; 6th Court of Appeals District (06-18-00049-CV, 575 SW3d 841, 04-11-19)
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19-0457
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IN THE INTEREST OF Z.Q.N., A CHILD; from Harris County; 14th Court of Appeals District (14-17-00434-CV, ___ SW3d ___, 02-21-19)
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19-0487
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IN THE INTEREST OF I.M.M. AND K.R.M., CHILDREN; from Harris County; 1st Court of Appeals District (01-17-00415-CV, ___ SW3d ___, 04-23-19)
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19-0528
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GLORIA C. ZERMEÑO v. NOELIA GARCIA, MARIO ZERMEÑO, AND Z READY MIX, INC.; from Harris County; 14th Court of Appeals District (14-17-00843-CV, ___ SW3d ___, 05-09-19)
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(Justice Lehrmann and Justice Busby not participating)
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19-0535
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MURPHY LAND GROUP, LLC v. ATMOS ENERGY CORPORATION; from Houston County; 12th Court of Appeals District (12-18-00138-CV, ___ SW3d ___, 04-17-19)
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19-0550
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IN THE INTEREST OF M.S., A CHILD; from Tarrant County; 2nd Court of Appeals District (02-18-00379-CV, ___ SW3d ___, 04-22-19)
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3 petitions motion to withdraw granted
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19-0617
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KENNETH A. EVERHARD v. PLAINSCAPITAL BANK; from Hidalgo County; 13th Court of Appeals District (13-18-00036-CV, ___ SW3d ___, 06-06-19)
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(Justice Boyd not participating)
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19-0632
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JOAN L. GILLHAM v. ANGELINA SANCHEZ; from Dallas County; 5th Court of Appeals District (05-17-01449-CV, ___ SW3d ___, 05-13-19)
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19-0717
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IN THE INTEREST OF A.J., A CHILD; from Eastland County; 11th Court of Appeals District (11-19-00133-CV, ___ SW3d ___, 08-08-19)
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motion to withdraw granted
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THE FOLLOWING PETITION FOR REVIEW IS DISMISSED FOR WANT OF JURISDICTION:
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19-0711
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IN RE COMMITMENT OF JOHN MICHAEL ENARD; from Montgomery County; 9th Court of Appeals District (09-19-00046-CV, ___ SW3d ___, 03-07-19)
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See TEX. R. APP. P. 53.7(a)
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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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17-1050
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TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER v. BRENDA BONEWIT; from Lubbock County; 7th Court of Appeals District (07-16-00211-CV, ___ SW3d ___, 11-15-17)
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18-0893
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CITY OF WESTWORTH VILLAGE, TEXAS v. CITY OF WHITE SETTLEMENT, TEXAS; from Tarrant County; 2nd Court of Appeals District (02-17-00211-CV, 558 SW3d 232, 08-09-18)
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19-0166
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REAL PROPERTY LOCATED AT 404 FULLER ST., KERRVILLE, KERR COUNTY, TEXAS v. THE STATE OF TEXAS; from Kerr County; 4th Court of Appeals District (04-17-00676-CV, ___ SW3d ___, 12-19-18)
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19-0187
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ARMANDO AVILA v. UNITED PARCEL SERVICE, INC.; from Travis County; 3rd Court of Appeals District (03-18-00233-CV, ___ SW3d ___, 08-29-19)
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19-0284
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PAUL E. NUNU v. CHARLES L. NUNU AND NANCY NUNU RISK; from Harris County; 14th Court of Appeals District (14-18-00109-CV, 567 SW3d 462, 01-15-19)
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(Justice Busby not participating)
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THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
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18-0084
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IN RE RAY L. HUNT, ET AL.; from Collin County; 5th Court of Appeals District (05-17-01389-CV, ___ SW3d ___, 12-28-17)
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MISCELLANEOUS
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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18-0799
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IN RE INAE OH; from Bexar County; 4th Court of Appeals District (04-18-00138-CV, ___ SW3d ___, 07-05-18)
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(Justice Lehrmann not participating)
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19-0375
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IN RE SWAN PRODUCTS, LLC; from McLennan County; 10th Court of Appeals District (10-19-00043-CV, ___ SW3d ___, 04-17-19)
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19-0447
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IN RE HAROLD D. HAMMETT; from Tarrant County; 2nd Court of Appeals District (02-19-00138-CV, ___ SW3d ___, 05-16-19)
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19-0480
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IN RE S.E. AND M.E.; from Montgomery County; 9th Court of Appeals District (09-19-00166-CV, ___ SW3d ___, 06-03-19)
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motion for expedited consideration dismissed as moot
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19-0504
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IN RE STEVEN M. JOHNSON, INDIVIDUALLY AND LAW OFFICES OF STEVEN M. JOHNSON, P.C., D/B/A THE JOHNSON LAW FIRM, AND BARRY JOHNSON; from Dallas County; 5th Court of Appeals District (05-19-00314-CV)
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THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED AS MOOT:
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19-0152
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THE CITY OF DALLAS; from Dallas County; 5th Court of Appeals District (05-18-00453-CV, ___ SW3d ___, 10-26-18)
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THE DECISIONS OF THE BOARD OF DISCIPLINARY APPEALS IN THE FOLLOWING APPEALS ARE AFFIRMED:
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19-0159
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VICTORIA V. OCHSNER v. COMMISSION FOR LAWYER DISCIPLINE (60345)
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19-0160
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MPATANISHI S. TAYARI GARRETT v. COMMISSION FOR LAWYER DISCIPLINE (60782)
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