THE SUPREME COURT OF TEXAS
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Orders Pronounced June 14, 2019
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ORDERS ON CAUSES
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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, 559 SW3d 559, 08-31-16)
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The Court affirms the court of appeals' judgment and remands the case to the trial court.
Justice Guzman delivered the opinion of the Court, in which Justice Green, Justice Lehrmann, Justice Devine, Justice Brown, and Justice Busby joined.
Justice Boyd delivered a dissenting opinion, in which Chief Justice Hecht and Justice Blacklock joined.
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18-0329
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JOY WORSDALE, INDIVIDUALLY AND AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF SCOTT WORSDALE, ET AL. v. THE CITY OF KILLEEN, TEXAS; from Bell County; 3rd Court of Appeals District (03-17-00640-CV, 567 SW3d 377, 02-28-18)
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The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Guzman delivered the opinion of the Court, in which Chief Justice Hecht, Justice Green, Justice Lehrmann, Justice Devine, Justice Brown, and Justice Busby joined.
Justice Boyd delivered a concurring opinion, in which Justice Blacklock joined.
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18-0443
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IN RE GEOMET RECYCLING LLC, RICHARD GOLDBERG, KENNETH GOLDBERG, JOSH APPLEBAUM, ALICIA MCKINNEY, ELOISA MEDINA, LEE WAKSER, SPENCER LIEMAN, MIKEL SHECHT, LAURA MYERS, HENRY JACKSON, AND KELLY COUCH; from Dallas County; 5th Court of Appeals District (05-18-00261-CV)
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The Court conditionally grants the writ of mandamus.
Justice Blacklock delivered the opinion of the Court.
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THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:
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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 WILLIAM F. QUINN, 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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(Justice Guzman and Justice Brown not sitting)
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ORDERS ON PETITIONS FOR REVIEW
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THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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14-0151
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JERRY MULLENDORE v. KURT MICHAEL MUEHLSTEIN; from Denton County; 8th Court of Appeals District (08-12-00140-CV, 441 SW3d 426, 01-15-14)
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abatement order issued January 30, 2015, lifted petition reinstated
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17-0474
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JENNIFER FRAME, GREG GRIFFITH, CHERYL BURRIS, AND DIANA PULIDO v. CITY OF AUSTIN; from Travis County; 3rd Court of Appeals District (03-15-00292-CV, ___ SW3d ___, 05-05-17)
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17-0926
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EP ENERGY E&P COMPANY, L.P. F/K/A EL PASO E&P COMPANY, L.P. v. FAIRFIELD INDUSTRIES, INC. D/B/A FAIRFIELDNODAL; from Harris County; 14th Court of Appeals District (14-15-00586-CV, 531 SW3d 234, 07-06-17)
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18-0076
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DLA PIPER LLP (US) v. CHRIS LINEGAR; from Travis County; 11th Court of Appeals District (11-12-00201-CV, 539 SW3d 512, 12-21-17)
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18-0232
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IN THE INTEREST OF G.V., III AND G.V., CHILDREN; from Tarrant County; 2nd Court of Appeals District (02-17-00220-CV, 543 SW3d 342, 12-18-17)
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18-0285
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RICHARD FORD AND RAQUEL GONZALES, AS WRONGFUL DEATH BENEFICIARIES OF DESIREE FORD, DECEASED v. MICHAEL V. KELLY, II, M.D., COMPOUNDING PLUS LLC D/B/A DIAMOND PHARMACY, TAMARA MITCHELL, JOYCE JAMES, R.PH., CHRISTIAN SCHWALM, AND DIAMOND PHARMACY, LLC; from Harris County; 14th Court of Appeals District (14-17-00180-CV; 14-17-00226-CV; 14-17-00497-CV, 543 SW3d 383, 01-30-18)
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(Justice Busby not sitting)
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18-0455
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PROGRESO INDEPENDENT SCHOOL DISTRICT v. MICHAEL MORATH, IN HIS OFFICIAL CAPACITY AS TEXAS COMMISSIONER OF EDUCATION; AND MICHAEL BERRY, IN HIS OFFICIAL CAPACITY AS DEPUTY COMMISSIONER OF EDUCATION; from Travis County; 3rd Court of Appeals District (03-16-00254-CV, ___ SW3d ___, 12-07-17)
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18-0465
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ETHELVINA I. FELAN v. MAVERICK COUNTY, ET AL.; from Maverick County; 4th Court of Appeals District (04-17-00393-CV, 551 SW3d 229, 04-11-18)
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18-0473
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LAURA PERILLA-VARGAS v. BAYLOR COLLEGE OF MEDICINE, SHAFEEQ SHEIKH, M.D.; from Harris County; 1st Court of Appeals District (01-17-00018-CV, ___ SW3d ___, 04-10-18)
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18-0505
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IN THE MATTER OF R.S.; from Tom Green County; 3rd Court of Appeals District (03-17-00557-CV, ___ SW3d ___, 04-19-18)
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18-0580
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MICHAEL QUINN SULLIVAN v. TEXAS ETHICS COMMISSION; from Travis County; 3rd Court of Appeals District (03-17-00392-CV, 551 SW3d 848, 05-17-18)
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18-0647
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NTS COMMUNICATIONS, INC. v. GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS; AND KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS; from Travis County; 3rd Court of Appeals District (03-16-00771-CV, ___ SW3d ___, 06-07-18)
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18-0717
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TRUCK INSURANCE EXCHANGE AND TEAM HEALTH, INC. v. MARCUS HERNANDEZ AND DIANE HERNANDEZ; from Tarrant County; 2nd Court of Appeals District (02-17-00046-CV, 553 SW3d 689, 06-21-18)
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18-0757
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KEVIN TAYLOR AND MICHELLE TAYLOR, INDIVIDUALLY AND AS SOLE HEIRS ON BEHALF OF THE ESTATE OF CHRISTIAN AMADEUS TAYLOR v. TEXAS A&M UNIVERSITY; from Brazos County; 10th Court of Appeals District (10-17-00288-CV, ___ SW3d ___, 07-03-18)
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18-0950
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LEE LAVERNE TABLER v. MOMENTUM ENGINEERING, LLC; from Harris County; 14th Court of Appeals District (14-18-00002-CV, ___ SW3d ___, 08-23-18)
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(Justice Busby not sitting)
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18-0955
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IN THE INTEREST OF J.E.P., A CHILD; from Dallas County; 5th Court of Appeals District (05-17-00095-CV, ___ SW3d ___, 08-20-18)
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18-1015
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JOE MURPHY, YORAM BEN AMRAM AND GALTEX DEVELOPMENT, LLC v. THE CITY OF GALVESTON TEXAS; from Galveston County; 14th Court of Appeals District (14-17-00063-CV, 557 SW3d 235, 06-05-18)
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(Justice Busby not sitting)
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18-1030
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IN THE MATTER OF THE EXPUNCTION OF V.H.B.; from El Paso County; 8th Court of Appeals District (08-16-00224-CV, ___ SW3d ___, 09-28-18)
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18-1039
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CINTHYA ANGELES v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Travis County; 3rd Court of Appeals District (03-18-00034-CV, ___ SW3d ___, 09-19-18)
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18-1043
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STACEY R. HAMMER v. RICHARD HAMMER; from Travis County; 3rd Court of Appeals District (03-18-00028-CV, ___ SW3d ___, 09-18-18)
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18-1058
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LEANNA MARIA MUGFORD v. JAMES ROBERT MUGFORD; from Galveston County; 14th Court of Appeals District (14-16-00436-CV, ___ SW3d ___, 05-22-18)
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(Justice Busby not sitting)
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18-1062
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DAVID LAWRENCE "LARRY" GLASS , LACY CREEK RANCHES, LLC, AND GLASS PROPERTIES, LTD. v. FRANK GLASS FAMILY PARTNERSHIP, LTD., FRANK GLASS, AND CAROL A. STROTHER; from Glasscock County; 11th Court of Appeals District (11-16-00047-CV, ___ SW3d ___, 08-30-18)
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18-1073
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BENJAMIN S. EMMONS AND SOURCE CAPITAL, LLC v. CITY OF WHITE SETTLEMENT, TEXAS AND WHITE SETTLEMENT ECONOMIC DEVELOPMENT CORPORATION; from Tarrant County; 2nd Court of Appeals District (02-17-00358-CV, ___ SW3d ___, 09-27-18)
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18-1101
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MICHAEL MCDOUGAL AND MCDOUGAL 2012, INC. v. DELBERT AND CAROLYN MCDOUGAL AND D. MARC MCDOUGAL AND THE MCDOUGAL TRUST; from Lubbock County; 7th Court of Appeals District (07-16-00422-CV, ___ SW3d ___, 10-10-18)
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18-1117
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IN THE MATTER OF THE ESTATE OF VAUGHN KUYAMJIAN, A/K/A VAHAN KUYAMJIAN; from Hays County; 3rd Court of Appeals District (03-18-00257-CV, ___ SW3d ___, 08-08-18)
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18-1124
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BERIT MCMILLAN AND GERALD MCMILLAN v. TALLY TWO INVESTMENT GROUP, LLC; from Travis County; 3rd Court of Appeals District (03-18-00040-CV, ___ SW3d ___, 08-14-18)
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18-1133
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IN THE INTEREST OF K.K.W., A MINOR CHILD; from Dallas County; 5th Court of Appeals District (05-16-00795-CV, ___ SW3d ___, 08-20-18)
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18-1135
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BENJAMIN JOSEPH GUTIÉRREZ v. THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION; from Travis County; 3rd Court of Appeals District (03-16-00748-CV, ___ SW3d ___, 06-14-18)
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18-1147
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ASMA SAID v. SUGAR CREEK COUNTRY CLUB, INC.; from Harris County; 14th Court of Appeals District (14-17-00079-CV, ___ SW3d ___, 08-31-18)
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(Justice Busby not sitting)
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18-1154
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DOW JONES & COMPANY, INC. v. HIGHLAND CAPITAL MANAGEMENT, L.P., AND PATRICK DAUGHERTY; from Dallas County; 5th Court of Appeals District (05-17-00770-CV, 564 SW3d 852, 11-02-18)
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18-1195
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SUBHASH C. BATRA, M.D. v. COVENANT HEALTH SYSTEM D/B/A COVENANT MEDICAL CENTER/COVENANT MEDICAL CENTER-LAKESIDE; from Lubbock County; 7th Court of Appeals District (07-18-00012-CV, 562 SW3d 696, 10-09-18)
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18-1229
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TEXAS BRANDON CORPORATION, INC. v. EOG RESOURCES, INC., KARHUHN OIL, ROBERT E. BRANDT, JOACHIM K. LEICHT, DICK A. TRACEY, CHAD E. BRANDT, ALICAT ENERGY L.L.C. AND FRED LEVINE; from Karnes County; 4th Court of Appeals District (04-18-00708-CV, ___ SW3d ___, 11-21-18)
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19-0090
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IN THE INTEREST OF J.D.G AKA J.G., JR., A.E G.J. AKA A.G.; from Harris County; 1st Court of Appeals District (01-18-00578-CV, 570 SW3d 839, 12-11-18)
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19-0098
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HARLANDALE INDEPENDENT SCHOOL DISTRICT v. JASMINE ENGINEERING, INC.; from Bexar County; 4th Court of Appeals District (04-18-00388-CV, ___ SW3d ___, 10-31-18)
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19-0194
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JAVIER MORA v. ANNA MORA; from Bexar County; 4th Court of Appeals District (04-17-00428-CV, ___ SW3d ___, 10-10-18)
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19-0197
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ELDO E. FREZZA, M.D. v. MELISSA FLORES; from Webb County; 4th Court of Appeals District (04-18-00040-CV, 567 SW3d 417, 11-21-18)
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19-0248
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IN THE INTEREST OF A.T.W. JR., CHILD; from Harris County; 1st Court of Appeals District (01-18-00720-CV, ___ SW3d ___, 01-29-18)
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19-0262
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JAMIE ISAAC v. UNIVERSITY OF TEXAS AT EL PASO; from El Paso County; 8th Court of Appeals District (08-16-00268-CV, 568 SW3d 175, 09-19-18)
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19-0271
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IN THE INTEREST OF K.F., R.F., AND T.F., CHILDREN; from Tarrant County; 2nd Court of Appeals District (02-18-00187-CV, ___ SW3d ___, 12-27-18)
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19-0272
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IN THE INTEREST OF S.A.M., ET AL; from Bexar County; 4th Court of Appeals District (04-18-00607-CV, ___ SW3d ___, 02-13-19)
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19-0293
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ESTATE OF JOHN DAVID HARRIS, DECEASED; from Tarrant County; 2nd Court of Appeals District (02-18-00414-CV, ___ SW3d ___, 02-28-19)
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19-0302
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IN THE INTEREST OF D.M.M., A CHILD; from Harris County; 14th Court of Appeals District (14-18-00750-CV, ___ SW3d ___, 02-12-19)
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19-0310
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IN THE INTEREST OF D.J., A CHILD; from Potter County; 7th Court of Appeals District (07-18-00386-CV, ___ SW3d ___, 02-26-19)
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19-0318
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IN THE INTEREST A.N.J. AND K.M.J., CHILDREN; from Bexar County; 4th Court of Appeals District (04-18-00728-CV, ___ SW3d ___, 04-03-19)
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19-0396
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IN RE COMMITMENT OF JOHN WAYNE HICKS; from Hardin County; 9th Court of Appeals District (09-17-00186-CV, ___ SW3d ___, 03-07-19)
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19-0449
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INTEREST OF I.S., A CHILD; from Guadalupe County; 4th Court of Appeals District (04-18-00990-CV, ___ SW3d ___, 04-03-19)
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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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19-0129
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IN THE INTEREST OF K.L.P. AND K.M.R.N. AKA K.M.N., CHILDREN; from Harris County; 14th Court of Appeals District (14-18-00582-CV, ___ SW3d ___, 12-20-18)
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19-0158
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ALI YAZDCHI v. MAKANSAM INC. D/B/A IDEAL TOWING, OAKS CONDOMINIUM ASSC., AREA 5 VEHICLE STORAGE; from Harris County; 1st Court of Appeals District (01-17-00455-CV, ___ SW3d ___, 12-04-18)
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19-0226
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MADELEINE CONNOR v. MARC STEPHENSON, CLAUDE SMITH, DOUGLAS HOOKS, AND MEGAN MARRS; from Travis County; 3rd Court of Appeals District (03-18-00750-CV, ___ SW3d ___, 12-28-18)
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MISCELLANEOUS
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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18-0383
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IN RE EMMA PEREZ TREVINO, CARLOS SANCHEZ, MARCI CALTABIANO-PONCE, VALLEY MORNING STAR, THE MCALLEN MONITOR, AND AIM MEDIA TEXAS, LLC; from Hidalgo County; 13th Court of Appeals District (13-18-00080-CV, ___ SW3d ___, 04-11-18)
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18-0693
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IN RE DAVID FREDERICK CARY
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19-0188
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IN RE JUAN GUERRA AND JUAN DELTORO; from Dallas County; 5th Court of Appeals District (05-18-01037-CV, ___ SW3d ___, 12-12-18)
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19-0193
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IN RE ASHLEY SCOTT ECHOLS; from Dallas County; 5th Court of Appeals District (05-18-01226-CV, 569 SW3d 776, 12-19-18)
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19-0298
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IN RE FORD MOTOR COMPANY; from Nueces County; 13th Court of Appeals District (13-19-00083-CV, ___ SW3d ___, 04-01-19)
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relator's emergency motion for stay denied
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19-0345
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IN RE GARY WAYNE WARNER; from Dallas County; 5th Court of Appeals District (05-18-00855-CV, ___ SW3d ___, 08-06-18)
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19-0372
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IN RE JIMMIE LUECKE CHILDREN PARTNERSHIP, LTD. AND JIMMIE LUECKE CHILDREN PARTNERSHIP, LTD. II; from Lee County; 3rd Court of Appeals District (03-18-00553-CV, 569 SW3d 313, 02-20-19)
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19-0380
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IN RE YAKOV ELMAKISS; from Smith County; 12th Court of Appeals District
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19-0436
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IN RE BRUINGTON ENGINEERING LTD., SCHLUMBERGER TECHNOLOGY CORP., SCHLUMBERGER SERVICES INC., AND SCHLUMBERGER LIMITED; from Zapata County; 4th Court of Appeals District (04-19-00181-CV, ___ SW3d ___, 05-15-19)
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relator's emergency motion for stay denied relator's supplement to emergency motion for stay denied
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THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED AS MOOT:
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19-0422
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HERBERT FEIST v. DIRECTOR OF PAROLE BOARD
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