Supreme Court
January 25, 2019
THE SUPREME COURT OF TEXAS
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Orders Pronounced January 25, 2019
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ORDERS ON CAUSES
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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, 552 SW3d 268, 11-17-16)
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unopposed motions for judicial notice dismissed as moot
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The Court reverses the court of appeals' judgment, renders judgment in part, and remands the case to the trial court.
Justice Boyd delivered the opinion of the Court. |
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17-0052
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LAURA PRESSLEY v. GREGORIO (GREG) CASAR; from Travis County; 3rd Court of Appeals District (03-15-00368-CV, ___ SW3d ___, 12-23-16)
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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, renders in part, and dismisses the appeal as moot in part.
Per Curiam Opinion View Electronic Briefs |
Oral Argument N/A
~ consolidated with ~ |
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17-0278
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DAVID ROGERS v. GREGORIO (GREG) CASAR; from Travis County; 3rd Court of Appeals District (03-15-00505-CV, ___ SW3d ___, 12-23-16)
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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 renders judgment.
Per Curiam Opinion View Electronic Briefs |
Oral Argument N/A
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17-0328
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TRACY WINDRUM, INDIVIDUALLY, 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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The Court reverses the court of appeals' judgment and remands the case to that court.
Justice Green delivered the opinion of the Court, joined by Chief Justice Hecht, Justice Guzman, Justice Lehrmann, Justice Boyd, Justice Devine, and Justice Blacklock, and in which Justice Brown joined as to Parts I-III. |
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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, 560 SW3d 281, 03-24-17)
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The Court vacates the judgments of the trial court and the court of appeals and dismisses the case for lack of jurisdiction.
Justice Lehrmann delivered the opinion of the Court. |
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17-1060
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IN RE HOUSTON SPECIALTY INSURANCE COMPANY; from Harris County; 14th Court of Appeals District (14-17-00928-CV, ___ SW3d ___, 12-12-17)
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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 View Electronic Briefs |
Oral Argument N/A
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THE FOLLOWING CAUSES ARE SET FOR SUBMISSION:
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18-1022
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MARK SILGUERO AND AMY WOLFE v. CSL PLASMA, INCORPORATED (U.S. 5th Circuit 17-41206)
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[Note: This cause has been set for oral argument at 9:00 a.m., March 13, 2019.]
Time allotted to argue: 20/20 minutes |
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18-1099
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JCB, INCORPORATED, DOING BUSINESS AS CONVEYING & POWER TRANSMISSION SOLUTIONS v. THE HORSBURGH & SCOTT COMPANY (U.S. 5th Circuit 17-51023)
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[Note: This cause has been set for oral argument at 9:00 a.m., March 13, 2019.]
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 DENIED:
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17-0970
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OFFICE OF THE ATTORNEY GENERAL OF TEXAS v. LAURA G. RODRIGUEZ; from El Paso County; 8th Court of Appeals District (08-14-00054-CV, 535 SW3d 54, 10-16-17)
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(Justice Blacklock not sitting)
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18-0051
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S&D BUILDERS, LLC; S&D DEVELOPMENT, LLC; LANGE CUSTOM BUILDERS, LLC; STEVEN M. LANGE; SUMMIT OAK HOMES, LLC; AND DAVID C. OESTREICH v. PATRICK PENCE AND JODEE PENCE; from Comal County; 7th Court of Appeals District (07-16-00005-CV, ___ SW3d ___, 12-11-17)
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18-0213
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EVELYN KELLY v. ST. LUKE COMMUNITY UNITED METHODIST CHURCH, HENRY MASTERS, IN HIS OFFICIAL AND INDIVIDUAL CAPACITY, AND BERNICE WASHINGTON, IN HER OFFICIAL AND INDIVIDUAL CAPACITY; from Dallas County; 5th Court of Appeals District (05-16-01171-CV, ___ SW3d ___, 02-01-18)
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18-0219
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SERVICE CORPORATION INTERNATIONAL AND SCI TEXAS FUNERAL SERVICES, INC., D/B/A BUENA VISTA BURIAL PARK AND D/B/A FUNERARIA DEL ANGEL BUENA VISTA v. MARIA RUIZ; from Cameron County; 13th Court of Appeals District (13-16-00699-CV, ___ SW3d ___, 01-25-18)
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stay order issued May 15, 2018, lifted
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18-0307
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DALLAS COUNTY, TEXAS, DALLAS COUNTY SHERIFF’S DEPARTMENT CIVIL SERVICE COMMISSION, AND JUANITA H. NANEZ, STEVE HANNA AND DWAYNE BISHOP IN THEIR OFFICIAL CAPACITIES AS MEMBERS OF THE DALLAS COUNTY SHERIFF’S DEPARTMENT CIVIL SERVICE COMMISSION v. RODNEY BAILEY; from Dallas County; 5th Court of Appeals District (05-16-00789-CV, ___ SW3d ___, 12-21-17)
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18-0315
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TERRY BOWMAN, INDIVIDUALLY, AND CLIFFORD GORE, INDIVIDUALLY AND D/B/A CODE J. TRANSPORT v. MADISON SINGLETON; from Bowie County; 6th Court of Appeals District (06-17-00082-CV, 557 SW3d 711, 02-23-18)
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18-0442
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RONALD WILLIAMS v. METROPOLITAN TRANSIT AUTHORITY OF HARRIS COUNTY; from Harris County; 1st Court of Appeals District (01-17-00724-CV, ___ SW3d ___, 01-25-18)
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18-0487
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JORGE C. ZAMORA-QUEZADA, M.D. v. AMALIA MENDOZA; from Hidalgo County; 13th Court of Appeals District (13-17-00302-CV, ___ SW3d ___, 04-12-18)
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18-0490
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THOMAS A. WILDER, DISTRICT CLERK v. BETTYE LASHANE MERRITT; from Tarrant County; 2nd Court of Appeals District (02-16-00477-CV, ___ SW3d ___, 11-16-17)
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18-0497
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LORI ELISE COOPER v. MICHAEL E. TRENT; from Harris County; 14th Court of Appeals District (14-17-00017-CV, 551 SW3d 325, 05-01-18)
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18-0584
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FEDERICO VARGAS CABANAS v. DISCOUNT TIRE COMPANY OF TEXAS, INC.; from Atascosa County; 4th Court of Appeals District (04-17-00276-CV, 553 SW3d 566, 05-16-18)
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18-0610
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BERRY CONTRACTING, L.P., D/B/A BAY, LTD. AND JUAN TOMAS ALVAREZ v. GERNAL RANDOLPH "RANDY" MANN AND JENNIFER MANN; from Nueces County; 13th Court of Appeals District (13-17-00063-CV, 549 SW3d 314, 04-26-18)
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18-0689
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ROBERT J. BERTRAND, II, LINDA RICHARD, DEIRDRE BROWN, MICHAEL STACEY, JILL HORN AND PAUL HORN v. KEVIN HOLLAND, MAYOR OF THE CITY OF FRIENDSWOOD, THE CITY OF FRIENDSWOOD, TEXAS, CARL W. GUSTAFSON AND MICHAEL FOREMEN; from Harris County; 1st Court of Appeals District (01-16-00946-CV, ___ SW3d ___, 04-10-18)
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18-0692
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IN THE INTEREST OF R.M.P. AND J.A.P., JR., CHILDREN; from Bexar County; 4th Court of Appeals District (04-17-00666-CV, ___ SW3d ___, 06-13-18)
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18-0701
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IN THE ESTATE OF AMINITA PEREZ-MUZZA, DECEASED; from Webb County; 4th Court of Appeals District (04-16-00755-CV, ___ SW3d ___, 05-16-18)
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18-0713
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JUAN A. MARTIN-DE-NICOLAS v. AAA TEXAS COUNTY MUTUAL INSURANCE COMPANY; from Travis County; 3rd Court of Appeals District (03-17-00054-CV, ___ SW3d ___, 04-19-18)
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as redrafted
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18-0725
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THE TRAVELERS INDEMNITY COMPANY OF CONNECTICUT v. BILLY THOMPSON; from Dallas County; 5th Court of Appeals District (05-16-00816-CV, ___ SW3d ___, 01-24-18)
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18-0775
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LILIAN GARRICK v. AUTOLIV ASP, INC., AUTOLIV SAFETY TECHNOLOGY, INC., KIA MOTORS AMERICA, INC., AND KIA MOTORS CORPORATION; from Fort Bend County; 14th Court of Appeals District (14-17-00818-CV, ___ SW3d ___, 07-12-18)
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18-0830
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IN THE ESTATE OF AMINTA PEREZ-MUZZA; from Webb County; 4th Court of Appeals District (04-17-00718-CV, ___ SW3d ___, 08-29-18)
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18-0832
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JASON O'CONNELL AND TOM O'CONNELL v. NORTHWEST CATTLE FEEDERS, LLC, RILEY LIVESTOCK, INC., AND JEFF COX; from Jack County; 2nd Court of Appeals District (02-17-00361-CV, 554 SW3d 711, 06-14-18)
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18-0839
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IN RE COMMITMENT OF EDGAR MANUEL BARRIENTOS; from Galveston County; 1st Court of Appeals District (01-17-00649-CV, ___ SW3d ___, 07-12-18)
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18-0864
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RICHARD SCOTT GLADDEN v. DENTON CENTRAL APPRAISAL DISTRICT; from Denton County; 2nd Court of Appeals District (02-17-00400-CV, 554 SW3d 749, 07-05-18)
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18-0877
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462 THOMAS FAMILY PROPERTIES, LP, 462 THOMAS FAMILY PROPERTIES MANAGEMENT, LLC, DONALD T. CONLON, ROBYN THOMAS CONLON, ET AL. v. ROBERT THOMAS, AS TRUSTEE OF THE ROBERT K. THOMAS TRUST, ET AL.; from Dallas County; 5th Court of Appeals District (05-16-01161-CV, 559 SW3d 634, 08-02-18)
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18-0902
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CABINETS BY MICHAEL, INC. AND MICHAEL WELLS v. JORGE CAMARILLO; from Tarrant County; 2nd Court of Appeals District (02-17-00154-CV, ___ SW3d ___, 06-28-18)
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18-0938
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JAE-HO SHIN v. AMERICAN BUREAU OF SHIPPING; from Harris County; 14th Court of Appeals District (14-17-00605-CV, ___ SW3d ___, 08-16-18)
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motion for the clerk's record dismissed as moot, as supplemented
motion to supplement the record denied |
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18-0974
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THE TRAVIS LAW FIRM, P.C. v. TERRI PORTER GARCIA; from Harris County; 1st Court of Appeals District (01-17-00203-CV, ___ SW3d ___, 08-23-18)
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18-0975
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THE TRAVIS LAW FIRM, P.C. v. ALLISON E. MARTIN; from Harris County; 1st Court of Appeals District (01-17-00206-CV, ___ SW3d ___, 08-23-18)
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18-0976
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JOSEPH COTROPIA, M.D. v. TEXAS MEDICAL BOARD AND IN HIS OFFICIAL CAPACITY ONLY, SHERIF ZAAFRAN, PRESIDENT OF THE TEXAS MEDICAL BOARD; from Travis County; 3rd Court of Appeals District (03-18-00232-CV, ___ SW3d ___, 08-28-18)
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18-0981
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GARY LYNN FOMBY v. DR. JAIME CLAVIJO AND MANOR CARE - SHARPVIEW OF HOUSTON, TEXAS, LLC; from Harris County; 1st Court of Appeals District (01-17-00120-CV, ___ SW3d ___, 04-30-18)
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18-1031
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KELLEY ANN O'SHEA v. KATHLEEN M. O'SHEA, INDIVIDUALLY AND AS CO-EXECUTOR OF THE ESTATE OF RITA O'SHEA, CO-TRUSTEE OF THE MARITAL DEDUCTION TRUST AND FAMILY TRUST OF JOHN J.C. O'SHEA, JR. AND MANAGER/DIRECTOR OF BREHON L C, ET AL.; from Lubbock County; 7th Court of Appeals District (07-16-00321-CV, ___ SW3d ___, 08-17-18)
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18-1091
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IN THE INTEREST OF A.S., H.C., AND B.H., CHILDREN; from Randall County; 7th Court of Appeals District (07-18-00155-CV, ___ SW3d ___, 09-05-18)
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18-1110
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CAROLE EHLERT BENTLEY, INDEPENDENT EXECUTRIX OF THE ESTATE OF LEIGH JOHN BENTLEY, SR. - DECEASED v. DUANE BENTLEY PECK, INDIVIDUALLY AND AS TRUSTEE OF THE STELLA KENNELLY BENTLEY FAMILY TRUST; from Fort Bend County; 14th Court of Appeals District (14-17-00561-CV, ___ SW3d ___, 10-09-18)
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18-1136
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IN THE INTEREST OF C.G., III A/K/A C.G., A CHILD; from Harris County; 14th Court of Appeals District (14-18-00412-CV, ___ SW3d ___, 10-02-18)
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18-1152
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IN THE INTEREST OF A.C., A CHILD; from Parker County; 2nd Court of Appeals District (02-18-00129-CV, ___ SW3d ___, 10-24-18)
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18-1188
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IN THE INTEREST OF J.D., A CHILD; from Hunt County; 6th Court of Appeals District (06-18-00045-CV, ___ SW3d ___, 11-02-18)
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motion to withdraw as counsel granted
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18-1190
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CHARLES GLEN HYDE, HYDE-WAY, INC., AND TEXAS AIR CLASSICS, INC. v. ROBERT "BOBBY" HAWK; from Denton County; 7th Court of Appeals District (07-16-00357-CV, ___ SW3d ___, 07-11-18)
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18-1199
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IN THE INTEREST OF J.B.; from Bexar County; 4th Court of Appeals District (04-18-00521-CV, ___ SW3d ___, 11-21-18)
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19-0032
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IN THE INTEREST OF A.L., B.L., C.L. AND K.L., MINOR CHILDREN; from Randall County; 7th Court of Appeals District (07-18-00231-CV, ___ SW3d ___, 11-26-18)
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2 petitions
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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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17-0028
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DEBORAH J. GREER, DIANA MACY, MARVIN GREER, JR. AND MAP2004, LLC, D/B/A MAP2004-OK v. GLEN DAVID SHOOK, ET AL.; from Reeves County; 8th Court of Appeals District (08-15-00040-CV, 503 SW3d 571, 10-19-16)
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18-0362
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JAMES L. RAY AND KYLE D. GIACCO v. MARIA ISABEL SERNA CONTRERAS; from Webb County; 4th Court of Appeals District (04-16-00636-CV, 547 SW3d 280, 03-21-18)
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(Justice Lehrmann not sitting)
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18-0365
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ANDRE HUEY-YOU v. CLARETTE KIMP; from Tarrant County; 2nd Court of Appeals District (02-16-00172-CV, ___ SW3d ___, 01-11-18)
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18-0726
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RECILLIA JOHNSON AND ALL OTHER OCCUPANTS v. COMPASS BANK, AN ALABAMA BANKING CORPORATION, AUTHORIZED TO DO BUSINESS AS BBVA COMPASS; from Dallas County; 5th Court of Appeals District (05-17-00777-CV, ___ SW3d ___, 04-30-18)
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18-0819
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$6,451.27 U.S. CURRENCY v. THE STATE OF TEXAS; from Liberty County; 9th Court of Appeals District (09-18-00230-CV, ___ SW3d ___, 07-26-18)
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THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
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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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MISCELLANEOUS
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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18-0353
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IN RE UNION INSURANCE COMPANY; from Nueces County; 13th Court of Appeals District (13-18-00164-CV, ___ SW3d ___, 04-13-18)
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stay order issued April 24, 2018 lifted
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18-0797
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IN RE FOUR J’S COMMUNITY LIVING CENTER, INC. AND ANTHONIA UDUMA; from Harris County; 1st Court of Appeals District (01-15-00774-CV, 560 SW3d 309, 12-14-17)
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18-0846
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IN RE TRAVIS CENTRAL APPRAISAL DISTRICT; from Travis County; 3rd Court of Appeals District (03-17-00735-CV, 553 SW3d 679, 06-20-18)
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19-0024
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IN THE INTEREST OF M.D.B. III; from Jefferson County; 9th Court of Appeals District (09-18-00257-CV)
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as redrafted
emergency motion for temporary relief denied |
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19-0054
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IN RE GOLDEN CORRAL CORP., ZG GC AUSTIN, L.L.C., AND BIG RED DOG INC. D/B/A BIG RED DOG ENGINEERING AND CONSULTING; from Travis County; 3rd Court of Appeals District (03-18-00745-CV, ___ SW3d ___, 12-04-18)
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relators' motion for emergency temporary relief denied
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THE DECISION OF THE BOARD OF DISCIPLINARY APPEALS IN THE FOLLOWING APPEAL IS AFFIRMED:
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18-0704
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ERIC BLISS DARNELL v. COMMISSION FOR LAWYER DISCIPLINE (BODA Case No. 59880)
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