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THE SUPREME COURT OF TEXAS
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Orders Pronounced June 25, 2021
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ORDERS ON CAUSES
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18-0350
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FRANK LUCIANO AND HELENE LUCIANO v. SPRAYFOAMPOLYMERS.COM, LLC; from Travis County; 3rd Court of Appeals District (03-16-00382-CV, 584 SW3d 44, 03-09-18)
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The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Devine delivered the opinion of the Court.
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19-0410
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APACHE CORPORATION v. CATHRYN C. DAVIS; from Harris County; 14th Court of Appeals District (14-17-00306-CV, 573 SW3d 475, 04-23-19)
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The Court reverses the court of appeals' judgment and renders judgment.
Chief Justice Hecht delivered the opinion of the Court.
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(Justice Busby and Justice Bland not participating)
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19-0497
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IN RE ACADEMY, LTD. D/B/A ACADEMY SPORTS + OUTDOORS; from Bexar County; 4th Court of Appeals District (04-19-00219-CV, 601 SW3d 878, 05-22-19)
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relator's motion to strike dismissed as moot
stay order issued June 21, 2019, lifted
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The Court conditionally grants the writ of mandamus.
Justice Lehrmann delivered the opinion of the Court, in which Chief Justice Hecht, Justice Devine, Justice Blacklock, Justice Busby, Justice Bland, and Justice Huddle joined.
Justice Boyd delivered a concurring opinion.
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19-0656
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IN RE TEXAS-NEW MEXICO POWER COMPANY; from Harris County; 1st Court of Appeals District (01-18-01075-CV, 579 SW3d 784, 06-20-19)
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The Court denies the petition for writ of mandamus.
Chief Justice Hecht delivered the opinion of the Court.
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19-0658
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TEXAS DEPARTMENT OF TRANSPORTATION v. ALBERT LARA, JR.; from Travis County; 3rd Court of Appeals District (03-18-00153-CV, 577 SW3d 641, 05-09-19)
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The Court affirms the court of appeals' judgment in part and remands the case to that court.
Chief Justice Hecht delivered the opinion of the Court.
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19-0662
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IN RE ONCOR ELECTRIC DELIVERY COMPANY LLC; from Dallas County; 5th Court of Appeals District (05-19-00288-CV, 601 SW3d 903, 07-23-19)
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The Court denies the petition for writ of mandamus.
Justice Bland delivered the opinion of the Court, in which Justice Lehrmann, Justice Devine, Justice Busby, and Justice Huddle joined.
Chief Justice Hecht delivered a dissenting opinion, in which Justice Boyd and Justice Blacklock joined.
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20-0055
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IN THE INTEREST OF D.T., A CHILD; from Hunt County; 6th Court of Appeals District (06-19-00064-CV, 593 SW3d 437, 12-13-19)
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The Court affirms the court of appeals' judgment.
Justice Huddle delivered the opinion of the Court, in which Justice Devine, Justice Blacklock, Justice Busby, and Justice Bland joined.
Justice Boyd delivered a concurring opinion, in which Chief Justice Hecht and Justice Lehrmann joined.
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20-0343
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IN RE ALEXANDER GUEVARA AND JOSE ALFREDO GUEVARA; from Dallas County; 5th Court of Appeals District (05-19-01049-CV, ___ SW3d ___, 02-18-20)
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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
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20-0434
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IN RE FACEBOOK, INC. AND FACEBOOK, INC. D/B/A INSTAGRAM; from Harris County; 14th Court of Appeals District (14-19-00845-CV; 14-19-00847-CV; 14-19-00886-CV, 607 SW3d 839, 04-28-20)
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stay order issued July 3, 2020, lifted
abatement order issued in part, January 22, 2021, lifted
as reinstated
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The Court denies in part and conditionally grants in part the writ of mandamus.
Justice Blacklock delivered the opinion of the Court.
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(Justice Busby and Justice Huddle not participating)
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20-0979
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AMAZON.COM, INCORPORATED v. MORGAN MCMILLAN, INDIVIDUALLY AND AS NEXT OF FRIEND OF E.G., A MINOR
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The Court answers the question certified by the United States Court of Appeals for the Fifth Circuit.
Justice Busby delivered the opinion of the Court, in which Chief Justice Hecht, Justice Lehrmann, Justice Bland, and Justice Huddle joined.
Justice Boyd delivered a dissenting opinion, in which Justice Devine joined.
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(Justice Blacklock not participating)
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THE FOLLOWING CAUSES ARE SET FOR SUBMISSION:
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19-0793
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VIRGINIA ANGEL, TRUSTEE FOR THE GOBSMACK GIFT TRUST, AS ASSIGNEE OF SOUTH STATE BANK, AND SOUTH STATE BANK, N.A., FORMERLY KNOWN AS CENTERSTATE BANK, N.A., AS SUCCESSOR IN INTEREST BY MERGER TO SOUTH STATE BANK v. KYLE TAUCH; from Harris County; 14th Court of Appeals District (14-17-00976-CV, 580 SW3d 808, 07-25-19)
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[Note: This cause has been set for oral argument at 9:00 a.m., September 15, 2021.]
Time allotted to argue: 20/20 minutes
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(Justice Lehrmann not participating)
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19-0831
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COURTNEY N. PHILLIPS, EXECUTIVE COMMISSIONER; SYLVIA HERNANDEZ KAUFFMAN, INSPECTOR GENERAL; AND TEXAS HEALTH AND HUMAN SERVICES COMMISSION v. JOHN MCNEILL, JR., R.PH.; AND NICHOLS SOUTHSIDE PHARMACY; from Travis County; 14th Court of Appeals District (14-18-00278-CV, 585 SW3d 109, 08-20-19)
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[Note: This cause has been set for oral argument at 9:00 a.m., September 15, 2021.]
Time allotted to argue: 20/20 minutes
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19-1069
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IN THE INTEREST OF J.W., A CHILD; from Brazos County; 10th Court of Appeals District (10-18-00344-CV, ___ SW3d ___, 10-09-19)
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[Note: This cause has been set for oral argument at 9:00 a.m., September 15, 2021.]
Time allotted to argue: 20/20 minutes
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19-1108
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TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND DOS REPÚBLICAS COAL PARTNERSHIP v. MAVERICK COUNTY, CITY OF EAGLE PASS, ENVIRONMENTAL DEFENSE FUND, WALTER HERRING, ERNESTO IBARRA, GABRIEL DE LA CERDA, MIKE HERNANDEZ, BOULWARE AND ANSON FAMILY, LTD., AND MAVERICK COUNTY ENVIRONMENTAL AND PUBLIC HEALTH ASSOCIATION; from Travis County; 3rd Court of Appeals District (03-17-00785-CV, ___ SW3d ___, 11-15-19)
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[Note: This cause has been set for oral argument at 9:00 a.m., September 29, 2021.]
Time allotted to argue: 20/20 minutes
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19-1144
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CITY OF SAN ANTONIO v. JIMMY MASPERO AND REGINA MASPERO, INDIVIDUALLY, AND AS NEXT FRIENDS OF W.M., W.M., W.M., DECEASED, AND W.M., DECEASED, MINOR CHILDREN; from Bexar County; 4th Court of Appeals District (04-18-00286-CV, ___ SW3d ___, 08-28-19)
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[Note: This cause has been set for oral argument at 9:00 a.m., September 28, 2021.]
Time allotted to argue: 20/20 minutes
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20-0014
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AMC ENTERTAINMENT HOLDINGS, INC., AMC ENTERTAINMENT, INC., AND AMERICAN MULTI-CINEMA, INC. v. IPIC-GOLD CLASS ENTERTAINMENT, LLC AND IPIC TEXAS, LLC; from Harris County; 1st Court of Appeals District (01-17-00805-CV, 592 SW3d 946, 12-05-19)
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[Note: This cause has been set for oral argument at 9:00 a.m., September 16, 2021.]
Time allotted to argue: 20/20 minutes
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20-0033
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PHARR-SAN JUAN-ALAMO ISD v. TEXAS POLITICAL SUBDIVISIONS PROPERTY/CASUALTY JOINT SELF INSURANCE FUND; from Hidalgo County; 13th Court of Appeals District (13-17-00655-CV, ___ SW3d ___, 09-26-19)
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[Note: This cause has been set for oral argument at 9:00 a.m., September 14, 2021.]
Time allotted to argue: 20/20 minutes
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20-0079
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JAMES CONSTRUCTION GROUP, LLC, PRIMORIS SERVICES CORPORATION v. WESTLAKE CHEMICAL CORPORATION; from Harris County; 14th Court of Appeals District (14-18-00083-CV, 594 SW3d 722, 12-17-20)
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[Note: This cause has been set for oral argument at 9:00 a.m., October 26, 2021.]
Time allotted to argue: 20/20 minutes
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20-0117
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ROBERT W. VAN BOVEN M.D., D.D.S. v. SCOTT FRESHOUR, MARGARET MCNEESE, TIMOTHY WEBB, AND SHERIF ZAAFRAN, M.D., AMY SWANHOLM AND CHRISTOPHER PALAZOLA, IN THEIR OFFICIAL CAPACITES AS OFFICERS OF THE TEXAS MEDICAL BOARD; from Travis County; 3rd Court of Appeals District (03-18-00817-CV, ___ SW3d ___, 01-09-20)
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[Note: This cause has been set for oral argument at 9:00 a.m., September 29, 2021.]
Time allotted to argue: 20/20 minutes
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20-0270
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NICOLE VAN DORN PRESTON, AS SURVIVING SPOUSE AND PERSONAL REPRESENTATIVE FOR THE ESTATE OF LT. J. WESLEY VAN DORN, USN, DECEASED; AMY SNYDER, AS SURVIVING SPOUSE AND PERSONAL REPRESENTATIVE FOR THE ESTATE OF LT. SEAN CHRISTOPHER SNYDER, USN, DECEASED; CHEYENNE COLLINS, AS SURVIVING SPOUSE AND PERSONAL REPRESENTATIVE FOR THE ESTATE OF PETTY OFFICER 3RD CLASS BRIAN ANDREW COLLINS, USN, DECEASED; AND PETTY OFFICER 2ND CLASS DYLAN MORGAN BOONE, USN v. M1 SUPPORT SERVICES, L.P.; from Denton County; 2nd Court of Appeals District (02-18-00348-CV, ___ SW3d ___, 03-05-20)
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[Note: This cause has been set for oral argument at 9:00 a.m., September 30, 2021.]
Time allotted to argue: 20/20 minutes
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20-0273
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CADENCE BANK v. ROY J. ELIZONDO III AND ROY J. ELIZONDO III, PLLC; from Harris County; 1st Court of Appeals District (01-17-00886-CV, 606 SW3d 802, 03-10-20)
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[Note: This cause has been set for oral argument at 9:00 a.m., October 26, 2021.]
Time allotted to argue: 20/20 minutes
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20-0293
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THE CITY OF SAN ANTONIO v. ARMANDO D. RIOJAS; from Bexar County; 4th Court of Appeals District (04-19-00220-CV, 604 SW3d 432, 02-26-20)
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[Note: This cause has been set for oral argument at 9:00 a.m., September 28, 2021.]
Time allotted to argue: 20/20 minutes
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20-0309
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CITY OF BAYTOWN v. ALAN SCHROCK; from Harris County; 1st Court of Appeals District (01-17-00442-CV, ___ SW3d ___, 06-27-19)
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[Note: This cause has been set for oral argument at 9:00 a.m., October 27, 2021.]
Time allotted to argue: 20/20 minutes
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20-0328
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IN THE GUARDIANSHIP OF JAMES E. FAIRLEY; from Bexar County; 4th Court of Appeals District (04-19-00196-CV, 604 SW3d 450, 03-11-20)
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[Note: This cause has been set for oral argument at 9:00 a.m., September 30, 2021.]
Time allotted to argue: 20/20 minutes
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20-0354
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CENTERPOINT ENERGY RESOURCES CORP. v. FERNANDO RAMIREZ AND MINERVA RAMIREZ; from Webb County; 4th Court of Appeals District (04-18-00103-CV, ___ SW3d ___, 03-25-20)
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[Note: This cause has been set for oral argument at 9:00 a.m., September 29, 2021.]
Time allotted to argue: 20/20 minutes
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(Justice Huddle not participating)
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20-0384
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IN RE CHRISTIANSON AIR CONDITIONING & PLUMBING, LLC AND CONTINENTAL HOMES OF TEXAS, LP; from Travis County; 3rd Court of Appeals District (03-19-00291-CV, __ SW3d __, 03-25-20)
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[Note: This cause has been set for oral argument at 9:00 a.m., September 28, 2021.]
Time allotted to argue: 20/20 minutes
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20-0396
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SIGNATURE INDUSTRIAL SERVICES, LLC v. INTERNATIONAL PAPER COMPANY; from Jefferson County; 13th Court of Appeals District (13-18-00186-CV, ___ SW3d ___, 04-30-20)
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[Note: This cause has been set for oral argument at 9:00 a.m., September 16, 2021.]
Time allotted to argue: 20/20 minutes
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(Justice Huddle not participating)
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20-0451
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ENERGEN RESOURCES CORPORATION v. BRYCE J. WALLACE, ELITE DRILLERS CORPORATION, AND UNITED FIRE & CASUALTY AND ITS PARENT, UNITED FIRE GROUP, INC.; from Reeves County; 8th Court of Appeals District (08-17-00248-CV, 603 SW3d 499, 04-24-20)
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[Note: This cause has been set for oral argument at 9:00 a.m., September 16, 2021.]
Time allotted to argue: 20/20 minutes
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20-0505
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IN RE EAGLERIDGE OPERATING, LLC; from Dallas County; 5th Court of Appeals District (05-19-01171-CV, ___ SW3d ___, 01-24-20)
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[Note: This cause has been set for oral argument at 9:00 a.m., October 26, 2021.]
Time allotted to argue: 20/20 minutes
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(Justice Lehrmann not participating)
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20-0517
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U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL ASSET MORTGAGE PRODUCTS, INC., MORTGAGE ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-EFC2 v. DENNIS MOSS; from Dallas County; 5th Court of Appeals District (05-19-00223-CV, ___ SW3d ___, 05-21-20)
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[Note: This cause has been set for oral argument at 9:00 a.m., October 27, 2021.]
Time allotted to argue: 20/20 minutes
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20-0523
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GERARD MATZEN v. MARSHA MCLANE, DIRECTOR OF THE TEXAS CIVIL COMMITMENT OFFICE AND THE TEXAS CIVIL COMMITMENT OFFICE; from Travis County; 3rd Court of Appeals District (03-18-00740-CV, 604 SW3d 91, 03-06-20)
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[Note: This cause has been set for oral argument at 9:00 a.m., October 27, 2021.]
Time allotted to argue: 20/20 minutes
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20-0802
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LAKE JACKSON MEDICAL SPA, LTD., ROBERT YARISH AND JAMIE GUTZMAN v. ERICA GAYTAN; from Harris County; 14th Court of Appeals District (14-19-00703-CV, ___ SW3d ___, 07-09-20)
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[Note: This cause has been set for oral argument at 9:00 a.m., September 30, 2021.]
Time allotted to argue: 20/20 minutes
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21-0232
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BITCO GENERAL INSURANCE CORPORATION, FORMERLY KNOWN AS BITUMINOUS CASUALTY CORPORATION v. MONROE GUARANTY INSURANCE COMPANY, A MEMBER OF THE FCCI INSURANCE GROUP (U.S. Fifth Circuit 19-51012)
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[Note: This cause has been set for oral argument at 9:00 a.m., September 14, 2021.]
Time allotted to argue: 20/20 minutes
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21-0312
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DILLON GAGE, INCORPORATED OF DALLAS v. CERTAIN UNDERWRITERS AT LLOYDS SUBSCRIBING TO POLICY NO EE1701590 (U.S. Fifth Circuit 20-10262)
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[Note: This cause has been set for oral argument at 9:00 a.m., September 14, 2021.]
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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20-0432
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IN THE INTEREST OF L.C.L. AND M.E.M., CHILDREN; from Harris County; 14th Court of Appeals District (14-19-00062-CV, 599 SW3d 79, 07-16-19)
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20-0452
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TODD DELANE FERGUSON v. TEXAS DEPARTMENT OF PUBLIC SAFETY; from Bexar County; 4th Court of Appeals District (04-19-00384-CV, ___ SW3d ___, 04-22-20)
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21-0003
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LEO J. TRAN v. THE STATE BOARD FOR EDUCATOR CERTIFICATION; from Travis County; 3rd Court of Appeals District (03-18-00855-CV, ___ SW3d ___, 11-20-20)
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21-0203
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ALBERT LUJAN D/B/A TEXAS WHOLESALE FLOWER CO. v. NAVISTAR, INC., NAVISTAR INTERNATIONAL CORPORATION, NAVISTAR INTERNATIONAL TRANSPORTATION CORP., INTERNATIONAL TRUCK AND ENGINE CORPORATION AND SANTEX TRUCK CENTERS, LTD.; from Harris County; 14th Court of Appeals District (14-14-00345-CV, ___ SW3d ___, 01-07-21)
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21-0210
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PERMIT PARTNERS, LLC AND DAVID CANCIALOSI v. HEIDI SAUER; from Travis County; 3rd Court of Appeals District (03-19-00059-CV, ___ SW3d ___, 01-29-21)
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21-0380
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MIRAMAR FAIRMOUNT PARTNERS, LLC v. 2902 MAPLE, LP, ANDERS P. TING AND COMERICA BANK; from Dallas County; 5th Court of Appeals District (05-19-01350-CV, ___ SW3d ___, 03-19-21)
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21-0401
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GUADALUPE MARISCAL v. MCCARTHY BUILDING COMPANIES, INC. AND THE BRANDT COMPANIES, LLC; from Nueces County; 13th Court of Appeals District (13-19-00211-CV, ___ SW3d ___, 03-25-21)
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21-0475
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IN THE INTEREST OF D.B.S., B.L.S., B.L.P., D.E.S., AND A.B.P., CHILDREN; from Hunt County; 5th Court of Appeals District (05-20-00959-CV, ___ SW3d ___, 04-26-21)
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21-0481
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IN THE INTEREST OF M.L.S., A MINOR CHILD; from Childress County; 7th Court of Appeals District (07-20-00369-CV, ___ SW3d ___, 05-04-21)
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THE MOTION FOR STAY IN THE FOLLOWING PETITION FOR REVIEW IS DENIED:
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21-0528
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RETAIL SERVICES WIS CORPORATION D/B/A PRODUCT CONNECTIONS, NATHAN STOUT, AMANDA VILLA, AND KATHERINE PALMER v. CROSSMARK, INC.; from Collin County; 5th Court of Appeals District (05-20-00937-CV, ___ SW3d ___, 05-04-21)
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petitioner's emergency motion for temporary stay denied
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[Note: The petition for review remains pending before this Court.]
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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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21-0083
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AUTUMN BISCAMP v. SPECIAL PALS INCORPORATED; from Harris County; 1st Court of Appeals District (01-19-00005-CV, ___ SW3d ___, 02-13-20)
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21-0142
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VICENTE A. MENCHACA v. INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA; from Harris County; 1st Court of Appeals District (01-18-01122-CV, ___ SW3d ___, 11-03-20)
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MISCELLANEOUS
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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19-0637
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IN RE ACADEMY, LTD. D/B/A ACADEMY SPORTS + OUTDOORS; from Bexar County; 4th Court of Appeals District (04-19-00497-CV, ___ SW3d ___, 07-31-19)
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stay order issued July 26, 2019, lifted
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20-0241
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IN RE HUB GROUP TRUCKING, INC.; WAEL AL-ASHQAR; MAPLETREE TRANSPORTATION, INC.; AND DENNIS EADS; from Dallas County; 5th Court of Appeals District (05-20-00082-CV, ___ SW3d ___, 02-18-20)
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as reinstated
real party in interest's motion for leave to file sur-reply dismissed as moot
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20-0345
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IN RE JEREMIAH PARKS; from Dallas County; 5th Court of Appeals District (05-19-00375-CV, ___ SW3d ___, 02-18-20)
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20-0843
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IN RE LEON PAUL SAVOY; TEXAS CURB CUT, LP; AND TEXAS CUTTING & CORING, LP; from Travis County; 3rd Court of Appeals District (03-19-00361-CV, 607 SW3d 120, 07-30-20)
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21-0068
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IN RE ANDRES SANCHEZ; from Harris County; 1st Court of Appeals District (01-20-00795-CV, ___ SW3d ___, 12-08-20)
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stay order issued February 19, 2021, lifted
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21-0416
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IN RE CALLIE HARRISON; from Tarrant County; 2nd Court of Appeals District (02-21-00139-CV, ___ SW3d ___, 05-11-21)
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21-0422
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IN RE HARRIET NICHOLSON; from Tarrant County; 2nd Court of Appeals District (02-20-00180-CV, ___ SW3d ___, 03-25-21)
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21-0423
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IN RE RICHARD SUROVIK; from Burleson County; 7th Court of Appeals District (07-20-00371-CV, ___ SW3d ___, 03-08-21)
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21-0426
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IN RE ALLSTATE INSURANCE COMPANY HURRICANE HANNA LITIGATION
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STAY ORDERS ARE ISSUED IN THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS:
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20-1014
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IN RE FLEET PRIDE, INC.; from Dallas County; 5th Court of Appeals District (05-20-00810-CV, ___ SW3d ___, 12-11-20)
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relators' motion for temporary relief and stay granted
stay order issued
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[Note: The petition for writ of mandamus remains pending before this Court.]
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21-0341
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IN RE FLEET PRIDE, INC.; from Dallas County; 5th Court of Appeals District (05-20-01098-CV, ___ SW3d ___, 03-30-21)
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relators' motion for temporary relief and stay granted
stay order issued
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[Note: The petition for writ of mandamus remains pending before this Court.]
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21-0514
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IN RE THOMAS PETROLEUM HOLDINGS, LLC, C.L. THOMAS, INC., AND C.L. THOMAS HOLDINGS INVESTMENTS, LLC; from Victoria County; 13th Court of Appeals District (13-20-00427-CV, ___ SW3d ___, 05-26-21)
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relators' unopposed motion to file documents under seal granted
relators' unopposed motion for temporary relief granted
stay order issued
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[Note: The petition for writ of mandamus remains pending before this Court.]
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