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THE SUPREME COURT OF TEXAS
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Orders Pronounced April 9, 2021
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ORDERS ON CAUSES
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19-0243
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BRYAN C. WAGNER, WAGNER OIL COMPANY, TRADE EXPLORATION CORPORATION, AND WAGNER & COCHRAN, INC. v. APACHE CORPORATION; from Tarrant County; 2nd Court of Appeals District (02-18-00132-CV, ___ SW3d ___, 11-29-18)
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19-0244
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BRYAN C. WAGNER, WAGNER OIL COMPANY, TRADE EXPLORATION CORPORATION, AND WAGNER & COCHRAN, INC. v. APACHE CORPORATION; from Tarrant County; 2nd Court of Appeals District (02-18-00135-CV, ___ SW3d ___, 11-29-18)
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(Justice Huddle not participating)
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19-0475
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DATA FOUNDRY, INC. v. CITY OF AUSTIN, TEXAS; from Travis County; 14th Court of Appeals District (14-18-00071-CV, 575 SW3d 92, 04-23-19)
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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 Huddle delivered the opinion of the Court.
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19-0996
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FARMERS GROUP, INC., FARMERS UNDERWRITERS ASSOCIATION, FIRE UNDERWRITERS ASSOCIATION, FARMERS INSURANCE EXCHANGE, AND FIRE INSURANCE EXCHANGE v. SANDRA GETER, ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED, GERALD HOOKS, JR., LESLY K. NOLEN, AND JOSEPH C. BLANKS, P.C.; from Jefferson County; 13th Court of Appeals District (13-18-00187-CV, ___ SW3d ___, 10-10-19)
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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.
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(Justice Guzman and Justice Boyd not participating)
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19-1054
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SUNDOWN ENERGY LP; SMC 2000 LP, PGP HOLDINGS 1, LLC; SMITH ALLEN OIL & GAS, LLP; TRANSMOUNTAIN EXPLORATION LLC; FORTUNE NATURAL RESOURCES CORPORATION; TEXAS HEAT OF THE PERMIAN BASIN, INC.; WHITING OIL AND GAS CORPORATION; EAGLE ROCK ACQUISITION PARTNERSHIP II, LP; ODYSSEY ROYALTIES LLC; HORIZON ROYALTIES LLC; PINECONE RESOURCES LLC; BRENDA DORMAN FAUGHT; AND LENA RENEE BRIGMAN v. HJSA NO. 3, LIMITED PARTNERSHIP; from Ward County; 8th Court of Appeals District (08-18-00113-CV, 587 SW3d 864, 08-16-19)
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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 judgment in part, and remands the case to the trial court.
Per Curiam Opinion
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20-0363
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IN RE SHELLEY LUTHER; from Dallas County
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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 habeas corpus.
Per Curiam Opinion
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ORDERS ON CASES GRANTED
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THE FOLLOWING PETITION FOR REVIEW IS GRANTED:
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20-0619
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UETA OF CALIFORNIA, INC., UETA, INC., DUTY FREE AMERICAS, INC., AND SYG VENTURES GENERAL PARTNERSHIP v. GLORIA BRADY, INDIVIDUALLY, AND AS INDEPENDENT EXECUTRIX OF THE ESTATE OF HAROLD J. BRADY (DECEASED); from Hidalgo County; 13th Court of Appeals District (13-18-00363-CV, ___ SW3d ___, 05-21-20)
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joint motion to vacate judgment and remand, granted 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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20-0948
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LARRY CHAMBERS AND ABIE WOLF v. JUAN CARLOS GARAY; from El Paso County; 8th Court of Appeals District (08-18-00213-CV, ___ SW3d ___, 08-07-20)
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21-0040
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SHIRLEY STEPHENS v. SHARI STEPHENS; from Harrison County; 6th Court of Appeals District (06-19-00088-CV, ___ SW3d ___, 07-09-20)
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21-0066
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DEANDER & FELHABER, LP, DELTA DISTRIBUTION & WAREHOUSE, INC., F.C. FELHABER & CO., INC., FCF HOLDINGS, LLC, FRANZ FELHABER, INDIVIDUALLY, AND FRANZ & MONICA FELHABER FAMILY LIMITED PARTNERSHIP v. PATRICIA A. MONTGOMERY, CPA; from El Paso County; 8th Court of Appeals District (08-18-00209-CV, 615 SW3d 352, 12-10-20)
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21-0103
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DIPANKAR CHANDRA v. LEONARDO DRS, INC. AND DRS NETWORK & IMAGING SERVICES, LLC; from Dallas County; 6th Court of Appeals District (06-20-00056-CV, ___ SW3d ___, 11-24-20)
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21-0104
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MICHAEL BELCHER AND VICKY BELCHER v. WILLIAM “BILL” KING AND THOMAS “TOM” KIRWAN; from Bell County; 3rd Court of Appeals District (03-19-00222-CV, ___ SW3d ___, 07-30-20)
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21-0118
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J. RAY RILEY v. NICK C. CARIDAS; from Harris County; 1st Court of Appeals District (01-19-00114-CV, ___ SW3d ___, 12-29-20)
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21-0154
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IN THE INTEREST OF A.F.R. A/K/A BABY BOY R.; from Harris County; 1st Court of Appeals District (01-20-00355-CV, ___ SW3d ___, 10-20-20)
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21-0172
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IN THE INTEREST OF T.E.C., I.A.C., AND M.R.C., CHILDREN; from Bexar County; 4th Court of Appeals District (04-20-00351-CV, ___ SW3d ___, 01-06-21)
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21-0176
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JOHN ELLIS v. DALLAS AREA RAPID TRANSIT; from Tarrant County; 2nd Court of Appeals District (02-19-00224-CV, ___ SW3d ___, 01-14-21)
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21-0181
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KENNETH W. ISAAC v. CONSTANCE BURNSIDE; from Harris County; 14th Court of Appeals District (14-18-01096-CV, 616 SW3d 609, 12-29-20)
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21-0200
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ABUNDANT LIFE THERAPEUTIC SERVICES TEXAS, LLC v. THOMAS T. HEADEN, III; from Dallas County; 5th Court of Appeals District (05-20-00145-CV, ___ SW3d ___, 12-11-20)
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21-0227
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K.T. v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Travis County; 3rd Court of Appeals District (03-20-00418-CV, ___ SW3d ___, 01-28-21)
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counsel's motion to withdraw granted
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21-0244
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IN THE INTEREST OF N.N.R., A CHILD; from Bexar County; 4th Court of Appeals District (04-20-00410-CV, ___ SW3d ___, 01-27-21)
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21-0256
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IN THE INTEREST OF J.G AND J.G., CHILDREN; from Taylor County; 11th Court of Appeals District (11-20-00197-CV, ___ SW3d ___, 02-04-21)
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counsel's motion to withdraw granted
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THE FOLLOWING PETITION FOR REVIEW IS DISMISSED:
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21-0005
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INTERNATIONAL BUSINESS MACHINES CORPORATION v. LUFKIN INDUSTRIES, INC.; from Angelina County; 12th Court of Appeals District (12-20-00249-CV, ___ SW3d ___, 11-18-20)
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motion to dismiss granted
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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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20-0431
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DANIS TUCKER AND BEVERLY TUCKER v. THE CITY OF CORPUS CHRISTI, TEXAS; from Nueces County; 13th Court of Appeals District (13-18-00328-CV, ___ SW3d ___, 02-27-20)
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20-0637
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IN THE INTEREST OF S.C. AND K.C., CHILDREN; from Dallas County; 5th Court of Appeals District (05-18-00629-CV, ___ SW3d ___, 06-08-20)
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20-0902
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DOWTECH SPECIALTY CONTRACTORS, INC. v. CITY OF WEINERT, TEXAS; from Haskell County; 11th Court of Appeals District (11-18-00246-CV, ___ SW3d ___, 09-25-20)
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20-0949
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WENDY MEIGS v. TREY BERGMAN AND BERGMAN ADR GROUP; from Harris County; 14th Court of Appeals District (14-19-00167-CV, ___ SW3d ___, 10-13-20)
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20-1009
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ALFRED L. GABER v. U.S. BANK NATIONAL ASSOCIATION AS LEGAL TITLE TRUSTEE FOR TRUMAN 2016 TITLE TRUST, ITS SUCCESSORS AND ASSIGNS, AND FAY SERVICING, LLC; from Tarrant County; 2nd Court of Appeals District (02-19-00243-CV, ___ SW3d ___, 09-03-20)
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MISCELLANEOUS
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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20-0925
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IN RE COREY J. TURNER; from San Saba County; 3rd Court of Appeals District (03-20-00468-CV, ___ SW3d ___, 11-05-20)
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21-0121
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IN RE LUCIANO TORRES; from El Paso County
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21-0184
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IN RE JOSHUA PAUL KNIGHT; from Tarrant County
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21-0187
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IN RE STEVEN D. CATHCART; from Kaufman County; 5th Court of Appeals District (05-18-01175-CV, ___ SW3d ___, 05-07-20)
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21-0192
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IN RE LONNIE KADE WELSH; from Montgomery County; 9th Court of Appeals District (09-20-00251-CV, ___ SW3d ___, 12-03-20)
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21-0198
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IN RE TONY LAMAR VANN; from Dallas County; 5th Court of Appeals District (05-20-01012-CV, ___ SW3d ___, 02-08-21)
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21-0248
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IN RE NORBERTO VALLES, UNDREA BAILEY, INDIVIDUALLY AND AS NEXT FRIEND OF J.B. (MINOR) AND LILLIAN BAILEY; from Harris County; 14th Court of Appeals District (14-20-00676-CV, 617 SW3d 909, 01-21-21)
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relators' motion for stay dismissed as moot
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THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS ABATED:
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21-0282
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IN RE MICAH MCKINNEY; from Gillespie County; 4th Court of Appeals District (04-20-00529-CV, ___ SW3d ___, 01-27-21)
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abatement order issued
[Note: Effective April 5, 2021, the case is abated pursuant to TEX. R. APP. P. 8.2 until further order of this Court and is removed from the Court's active docket, subject to reinstatement upon proper motion. TEX. R. APP. P. 8.3. All motions and other documents pending or filed are abated subject to being reurged in the event the case is reinstated. TEX. R. APP. P. 8.2, 8.3. It is the parties' responsibility to immediately notify this Court once the automatic bankruptcy stay is lifted.]
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