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THE SUPREME COURT OF TEXAS
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Orders Pronounced May 10, 2019
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ORDERS ON CAUSES
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17-0365
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CHAMBERS-LIBERTY COUNTIES NAVIGATION DISTRICT, ET AL. v. THE STATE OF TEXAS; from Travis County; 3rd Court of Appeals District (03-15-00744-CV, 565 SW3d 1, 07-08-16)
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The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the trial court.
Justice Blacklock delivered the opinion of the Court.
~ consolidated with ~
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17-0404
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IN RE SUSTAINABLE TEXAS OYSTER RESOURCE MANAGEMENT, L.L.C.; from Travis County; 3rd Court of Appeals District (03-15-00744-CV, 565 SW3d 1, 07-08-16)
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The Court denies the petition for writ of mandamus.
Justice Blacklock delivered the opinion of the Court.
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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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petitioners' motion for judicial notice dismissed as moot
respondents' unopposed conditional motion for judicial notice dismissed as moot
petitioners' second motion for judicial notice dismissed as moot
petitioners' third motion for judicial notice dismissed as moot
petitioners' fourth motion for judicial notice dismissed as moot
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The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Brown delivered the opinion of the Court.
Justice Busby did not participate in the decision.
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18-0071
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GERALD GODOY v. WELLS FARGO BANK, N.A.; from Harris County; 14th Court of Appeals District (14-16-00599-CV, 542 SW3d 50, 10-31-17)
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The Court affirms the court of appeals' judgment.
Justice Blacklock delivered the opinion of the Court.
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(Justice Busby not sitting)
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THE FOLLOWING CAUSE IS DISMISSED:
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18-0763
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ASSOCIATED MACHINE TOOL TECHNOLOGIES v. DOOSAN INFRACORE AMERICA, INCORPORATED; ELLISON TECHNOLOGIES, INCORPORATED (U.S. Fifth Circuit 17-20527)
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abatement order issued November 30, 2018, lifted
motion to dismiss granted
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ORDERS ON CASES GRANTED
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THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
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18-0906
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LAGUNA TUBULAR PRODUCTS CORPORATION v. O.C.T.G., L.L.P; from Harris County; 14th Court of Appeals District (14-16-00210-CV, 557 SW3d 175, 05-31-18)
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2 petitions
joint motion to set aside trial court's judgment and remand for entry of order of dismissal, granted as follows:
Pursuant to Texas Rule of Appellate Procedure 56.3, without considering the merits, the Court grants the petitions for review, vacates the judgments of the court of appeals and trial court, and remands the case to the trial court for rendition of judgment in accordance with the parties' settlement agreement.
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(Justice Busby not sitting)
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THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR REVIEW IS GRANTED:
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17-0381
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MARY OROZCO v. COUNTY OF EL PASO, SELF-INSURED; from El Paso County; 8th Court of Appeals District (08-15-00079-CV, 545 SW3d 638, 12-21-16)
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denial of petition for review on August 31, 2018, withdrawn
petition reinstated
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[Note: The petition for review 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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19-0121
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TERRY DAVID ORTEGO AND DONNA HALL ORTEGO, INDIVIDUALLY AND D/B/A D&D SUPPLY v. KARL J. LYONS; from Harris County; 1st Court of Appeals District (01-17-00092-CV, ___ SW3d ___, 08-23-18)
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19-0172
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IN THE INTEREST OF E.M.G., A CHILD; from Harris County; 14th Court of Appeals District (14-18-00652-CV, ___ SW3d ___, 12-20-18)
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19-0224
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ROBERT G. HOULE v. CAPITAL ONE BANK (USA), N.A.; from El Paso County; 8th Court of Appeals District (08-16-00234-CV, ___ SW3d ___, 01-30-19)
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19-0279
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IN THE INTEREST OF Z.K., A.K. AND M.K., CHILDREN; from Palo Pinto County; 11th Court of Appeals District (11-18-00302-CV, ___ SW3d ___, 03-21-19)
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2 petitions
motions for leave to withdraw as counsel granted
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19-0281
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JOHN KAWCAK v. ANTERO RESOURCES CORPORATION; from Tarrant County; 2nd Court of Appeals District (02-18-00301-CV, ___ SW3d ___, 02-21-19)
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19-0308
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IN THE INTEREST OF R.C.P., R.I.P., M.E.P., AND R.C.P.; from Bexar County; 4th Court of Appeals District (04-18-00824-CV, ___ SW3d ___, 02-20-19)
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19-0333
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IN THE INTEREST OF N.F.M. AND S.R.M.; from Bexar County; 4th Court of Appeals District (04-18-00475-CV, ___ SW3d ___, 03-06-19)
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motion to withdraw as counsel granted
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19-0351
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IN THE INTEREST OF J.B.M., L.P.B., B.C.B., G.L.B. II, AND G.G.B., CHILDREN; from Bexar County; 4th Court of Appeals District (04-18-00717-CV, ___ SW3d ___, 03-13-19)
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THE FOLLOWING PETITION FOR REVIEW IS DISMISSED:
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19-0094
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HENRY PEYTON INGE III v. BANK OF AMERICA, N.A., BOFA MERRILL LYNCH ASSET HOLDINGS, INC., AND BAC HOME LOANS SERVICING, L.P.; from Denton County; 2nd Court of Appeals District (02-17-00386-CV, ___ SW3d ___, 11-15-18)
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abatement order issued April 4, 2019, lifted
petition reinstated
joint motion to dismiss granted
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(Justice Busby not sitting)
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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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17-0405
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LISA HENDERSON, IN HER OFFICIAL CAPACITY AS CITY SECRETARY v. ELIZABETH CARRUTH, MATTHEW TIETZ, JANIS NASSERI, JUDITH KENDLER, AND STEPHEN PALMA; from Collin County; 5th Court of Appeals District (05-16-00573-CV, ___ SW3d ___, 02-23-17)
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18-1122
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IN THE INTEREST OF T.L.C., A CHILD; from Harris County; 1st Court of Appeals District (01-17-00498-CV, ___ SW3d ___, 08-30-18)
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18-1130
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IN THE INTEREST OF T.C., A CHILD; from Harris County; 1st Court of Appeals District (01-17-00497-CV, ___ SW3d ___, 08-30-18)
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18-1203
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V.A.C. v. J.L.W.; from Bell County; 3rd Court of Appeals District (03-18-00202-CV, ___ SW3d ___, 08-28-18)
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19-0087
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DAVID HAYES v. WYLIE CAVIN AND LILLIAN CAVIN; from Travis County; 3rd Court of Appeals District (03-17-00501-CV, ___ SW3d ___, 10-12-18)
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MISCELLANEOUS
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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19-0276
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IN RE M. MCLAIN INVESTMENTS, LLC; from Jefferson County; 9th Court of Appeals District (09-18-00481-CV, ___ SW3d ___, 03-14-19)
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19-0352
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IN RE JOE FLARITY; from Montgomery County; 9th Court of Appeals District (09-19-00089-CV, ___ SW3d ___, 04-10-19)
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relator's emergency motion for temporary relief denied
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