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THE SUPREME COURT OF TEXAS
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Orders Pronounced September 29, 2023
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ORDERS ON CAUSES
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THE FOLLOWING MOTION TO PARTICIPATE IN ORAL ARGUMENT IS GRANTED:
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23-0565
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LUKE HOGAN, ON BEHALF OF HIMSELF AND OTHER INDIVIDUALS SIMILARLY SITUATED v. SOUTHERN METHODIST UNIVERSITY, AND OTHER AFFILIATED ENTITIES AND INDIVIDUALS (U.S. Fifth Circuit 22-10433)
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unopposed motion of amicus curiae to participate in oral argument granted
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Time allotted to argue: 20/15/5 minutes
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THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:
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19-0612
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MOSAIC BAYBROOK ONE, L.P. AND MOSAIC BAYBROOK TWO, L.P. v. PAUL SIMIEN; from Harris County; 1st Court of Appeals District (01-18-00995-CV, 644 SW3d 671, 02-12-19)
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20-0999
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TEXAS HEALTH AND HUMAN SERVICES COMMISSION v. DIMITRIA POPE AND SHANNON PICKETT; from Travis County; 3rd Court of Appeals District (03-19-00368-CV, 646 SW3d 562, 11-18-20)
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21-0135
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IN RE RUDOLPH AUTOMOTIVE, LLC D/B/A RUDOLPH MAZDA AND RUDOLPH CHEVROLET, LLC; from El Paso County; 8th Court of Appeals District (08-18-00149-CV, 616 SW3d 171, 12-30-20)
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21-0159
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MOSAIC BAYBROOK ONE, L.P.; MOSAIC BAYBROOK TWO, L.P.; AND MOSAIC RESIDENTIAL, INC. v. PAUL SIMIEN; from Harris County; 1st Court of Appeals District (01-18-01049-CV, 646 SW3d 847, 09-22-20)
motion to dismiss denied
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22-0050
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MARK BOOZER, JERROD RAYMOND, AND CTMI, LLC v. RAY FISCHER AND CORPORATE TAX MANAGEMENT, INC. N/K/A RY FISCHER & ASSOCIATES, INC.; from Tarrant County; 2nd Court of Appeals District (02-19-00320-CV, 665 SW3d 46, 12-16-21)
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THE MOTION IN THE FOLLOWING CAUSE IS DENIED:
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21-0157
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IMT PAVILION III LP AND INVESTORS MANAGEMENT TRUST REAL ESTATE GROUP, INC. D/B/A IMT RESIDENTIAL v. VICTOR MENDEZ, FOR HIMSELF AND ALL OTHERS SIMILARLY SITUATED; from Harris County; 1st Court of Appeals District (01-18-00980-CV, ___ SW3d ___, 04-23-20)
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(Justice Huddle and Justice Young not participating)
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A STAY ORDER IS ISSUED IN THE FOLLOWING CAUSE:
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22-0656
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IN RE METROPOLITAN WATER COMPANY, L.P. AND MET WATER VISTA RIDGE, L.P.; from Washington County; 14th Court of Appeals District (14-22-00226-CV, ___ SW3d ___, 08-04-22)
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motion for temporary relief granted
stay order issued
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[Note: The cause remains pending before this Court.]
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ORDERS ON CASES GRANTED
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THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
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22-0238
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USAA CASUALTY INSURANCE COMPANY v. SUNNY LETOT, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED; from Dallas County; 5th Court of Appeals District (05-20-01019-CV, ___ SW3d ___, 02-10-22)
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[Note: This case has been set for oral argument at 9:00 a.m., January 10, 2024.]
Time allotted to argue: 20/20 minutes
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22-0485
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BEXAR APPRAISAL DISTRICT v. YVONDIA JOHNSON; from Bexar County; 4th Court of Appeals District (04-21-00402-CV, ___ SW3d ___, 05-04-22)
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[Note: This case has been set for oral argument at 9:00 a.m., January 11, 2024.]
Time allotted to argue: 20/20 minutes
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22-0844
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THE BOARD OF REGENTS OF THE UNIVERSITY OF TEXAS SYSTEM v. IDEXX LABORATORIES, INC.; from Harris County; 14th Court of Appeals District (14-20-00699-CV, ___ SW3d ___, 08-11-22)
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[Note: This case has been set for oral argument at 9:00 a.m., January 10, 2024.]
Time allotted to argue: 20/20 minutes
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23-0078
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HARLEY CHANNELVIEW PROPERTIES, LLC v. HARLEY MARINE GULF, LLC; from Harris County; 1st Court of Appeals District (01-21-00547-CV, ___ SW3d ___, 12-20-22)
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[Note: This case has been set for oral argument at 9:00 a.m., January 11, 2024.]
Time allotted to argue: 20/20 minutes
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23-0231
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PUBLIC UTILITY COMMISSION OF TEXAS v. LUMINANT ENERGY COMPANY LLC; 3rd Court of Appeals District (03-21-00098-CV, 665 SW3d 166, 03-17-23)
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[Note: This case has been set for oral argument at 9:00 a.m., January 30, 2024.]
Time allotted to argue: 20/20 minutes
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(Justice Huddle and Justice Young not participating)
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THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS SET FOR ORAL ARGUMENT:
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23-0210
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IN RE INTEX RECREATION CORP.; from Nueces County; 13th Court of Appeals District (13-22-00518-CV, ___ SW3d ___, 02-27-23)
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[Note: This case has been set for oral argument at 9:00 a.m., January 11, 2024.]
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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21-1027
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OFFICE OF THE ATTORNEY GENERAL OF TEXAS v. JAMES BLAKE BRICKMAN, J. MARK PENLEY, DAVID MAXWELL, AND RYAN M. VASSAR; from Travis County; 3rd Court of Appeals District (03-21-00161-CV, 636 SW3d 659, 10-21-21)
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as reinstated
respondents' motion to lift abatement granted, as supplemented
abatement order issued February 16, 2023, lifted
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(Justice Young not participating)
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22-0269
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SYLVIA LUNA v. LUIS CASTILLO; from Harris County; 14th Court of Appeals District (14-19-00971-CV, 640 SW3d 256, 10-07-21)
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22-0726
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MARY JENNETTE JACKSON HUNNICUTT v. THE CITY OF WEBSTER; from Harris County; 14th Court of Appeals District (14-20-00421-CV, 650 SW3d 792, 04-14-22)
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22-0791
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CITY OF DALLAS, TEXAS v. TRINITY EAST ENERGY, LLC; from Dallas County; 5th Court of Appeals District (05-20-00550-CV, ___ SW3d ___, 08-01-22)
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22-0796
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IN THE INTEREST OF K.P. AND Z.S.; from Montgomery County; 9th Court of Appeals District (09-22-00049-CV, ___ SW3d ___, 08-11-22)
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22-0828
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CAL-MAINE FOODS, INC. DBA WHARTON; AND WHARTON COUNTY FOODS, LLC v. THE STATE OF TEXAS; from Harris County; 1st Court of Appeals District (01-20-00641-CV, ___ SW3d ___, 08-16-22)
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22-1049
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NATIONWIDE COIN & BULLION RESERVE, INC. AND DALLAS PASKELL, TURNER JONES, LAWRENCE KUYKENDALL AND MELIDA JONES v. WILLIAM CIARLONE; from Harris County; 1st Court of Appeals District (01-20-00777-CV, ___ SW3d ___, 03-15-22)
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22-1160
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MAX NELSON AND CAROLYN NELSON, AS CO-GUARDIANS OF MATTHEW NELSON v. CITY OF PLANO; from Collin County; 5th Court of Appeals District (05-21-00708-CV, ___ SW3d ___, 11-18-22)
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22-1179
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MARY ANN HIGH AND CYNTHIA RECTOR v. CHRISTUS SPOHN HEALTH SYSTEM CORPORATION; from Nueces County; 13th Court of Appeals District (13-21-00172-CV, 658 SW3d 375, 11-17-22)
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23-0012
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JUAN ENRIQUEZ v. DAVID CALLENDER, M.D.; from Travis County; 3rd Court of Appeals District (03-22-00171-CV, ___ SW3d ___, 09-07-22)
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23-0120
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BART DEBROCK v. MARLIES DEBROCK; from Fayette County; 3rd Court of Appeals District (03-21-00308-CV, ___ SW3d ___, 12-28-22)
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23-0122
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NEW WORLD CAR NISSAN, INC., D/B/A WORLD CAR HYUNDAI, AND NEW WORLD CAR IMPORTS, SAN ANTONIO, INC., D/B/A WORLD CAR HYUNDAI v. HYUNDAI MOTOR AMERICA AND TEXAS DEPARTMENT OF MOTOR VEHICLES; from Travis County; 8th Court of Appeals District (08-20-00147-CV, 658 SW3d 754, 11-29-22)
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23-0136
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MICHAEL GARRETT, M. D. AND KRISTIN HELD, M.D. v. THE TEXAS STATE BOARD OF PHARMACY, DENNIS WIESNER, BRADLEY MILLER, DONNIE LEWIS, JENNY YOAKUM, RICK FERNANDEZ, DANIEL GUERRERO, LORI HENKE, L. SUZAN KEDRON, JULIE SPIER, CHIP THORNSBURG, AND SUZETTE TIJERINA, IN THEIR OFFICIAL CAPACITIES AS MEMBERS OF THE STATE BOARD OF PHARMACY; ET AL.; from Travis County; 3rd Court of Appeals District (03-21-00039-CV, ___ SW3d ___, 01-25-23)
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23-0163
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HINDUJA GLOBAL SOLUTION, INC. AND HGS HEALTHCARE, LLC v. ALI GANJAEI; from Dallas County; 5th Court of Appeals District (05-22-00052-CV, ___ SW3d ___, 01-13-22)
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23-0182
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JORGE ANDRADE v. LOGICORP MEXICO SA DE CV; from Hidalgo County; 13th Court of Appeals District (13-21-00243-CV, ___ SW3d ___, 01-26-23)
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23-0242
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TEXAS CONSTRUCTION SPECIALISTS, L.L.C., v. SKI TEAM VIP, L.L.C.; from Harris County; 14th Court of Appeals District (14-20-00124-CV, 659 SW3d 67, 03-03-22)
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23-0246
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IN THE ESTATE OF JOSE C. MONTEMAYOR, DECEASED; from Brazos County; 9th Court of Appeals District (09-21-00054-CV, ___ SW3d ___, 02-23-23)
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23-0310
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IN THE INTEREST OF A.Y.C., A CHILD; from Harris County; 14th Court of Appeals District (14-22-00361-CV, 665 SW3d 800, 03-09-23)
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23-0338
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CITY OF FORT WORTH v. WILLIAM BIRCHETT; from Dallas County; 5th Court of Appeals District (05-22-01170-CV, ___ SW3d ___, 02-03-23)
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23-0354
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BLASA LOPEZ v. HARRIS COUNTY, TEXAS; from Harris County; 14th Court of Appeals District (14-21-00232-CV, 665 SW3d 874, 03-30-23)
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23-0380
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JAY PARKER AND LINDSEY PARKER v. GLENN WEBER; from McLennan County; 10th Court of Appeals District (10-16-00446-CV, ___ SW3d ___, 04-05-23)
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23-0432
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IN THE INTEREST OF J.N.M., A CHILD; from Bexar County; 4th Court of Appeals District (04-22-00430-CV, 672 SW3d 474, 04-26-23)
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23-0449
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IN RE ESTATE OF SHARON KAYE KARNES HEFFNER, DECEASED; from Cooke County; 2nd Court of Appeals District (02-21-00419-CV, ___ SW3d ___, 06-08-23)
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23-0456
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FRIENDS OF DRY COMAL CREEK, STOP 3009 VULCAN QUARRY, JEFFREY REEH, TERRY OLSON, MIKE OLSON, AND COMAL INDEPENDENT SCHOOL DISTRICT v. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND VULCAN CONSTRUCTION MATERIALS, LLC; from Travis County; 3rd Court of Appeals District (03-21-00204-CV, ___ SW3d ___, 03-31-23)
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23-0608
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DAVID MENEFEE AND BRENDA MENEFEE v. THE SCOGGINS REAL ESTATE TEAM, LLC, PENNYBAGS, LLC, SCOGGINS ENTERPRISES, INC., HESSCO ROOFING & REMODELING, LLC, 1ST CHOICE FENCING, INC., JODY SCOGGINS, KIM SCOGGINS, AND DEBBIE SCOGGINS; from McLennan County; 10th Court of Appeals District (10-22-00174-CV, ___ SW3d ___, 05-31-23)
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23-0619
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DAVID AND LYDIA MAIN v. GILBERT ESPINOSA D/B/A ESPINOSA TRUCKING; from Dallas County; 5th Court of Appeals District (05-21-00408-CV, ___ SW3d ___, 03-08-23)
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23-0653
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IN RE COMMITMENT OF ROBERT EARL SMITH; from Robertson County; 10th Court of Appeals District (10-22-00254-CV, ___ SW3d ___, 05-17-23)
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23-0667
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AL SUAREZ, AS MAYOR OF THE CITY OF CONVERSE, JEFF BEEHLER, AS PLACE 5 MEMBER, CITY COUNCIL OF THE CITY OF CONVERSE, KATHY RICHEL, AS PLACE 1 MEMBER, CITY COUNCIL OF THE CITY OF CONVERSE, SHAWN RUSSELL AS PLACE 3 MEMBER, CITY COUNCIL OF THE CITY OF CONVERSE, MARC GILBERT, AS PLACE 6 MEMBER, CITY COUNCIL OF THE CITY OF CONVERSE, LE ANN PIATT, CITY MANAGER OF THE CITY OF CONVERSE, HOLLY NAGY AS SECRETARY OF THE CITY OF CONVERSE, AND THE CITY OF CONVERSE v. KATHERINE SILVAS; from Bexar County; 4th Court of Appeals District (04-22-00540-CV, ___ SW3d ___, 07-05-23)
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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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23-0161
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IN RE COMMITMENT OF DARNELL IVEN ADAMS; from Collin County; 5th Court of Appeals District (05-22-00085-CV, ___ SW3d ___, 01-31-23)
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23-0421
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MARK JOSEPH WATSON v. CITY OF SAN MARCOS; from Hays County; 3rd Court of Appeals District (03-22-00307-CV, ___ SW3d ___, 04-20-23)
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as amended
as supplemented
motions for judicial notice dismissed
motion for judgment by default denied
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23-0430
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CARLYLE T. POINDEXTER; POINDEXTER & ASSOCIATES, INC.; AND SURETY ONE, INC. v. INSURANCE COMMISSIONER CASSIE BROWN AND THE TEXAS DEPARTMENT OF INSURANCE; from Travis County; 14th Court of Appeals District (14-22-00298-CV, 665 SW3d 842, 03-28-23)
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THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
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23-0571
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IN RE ELIZABETH THOMAS, JAMES ALLEN, ALLAN HAYE, ROBERT THOMAS, AND JAMES ANDERSEN; from Harris County; 1st Court of Appeals District (01-23-00331-CV)
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MISCELLANEOUS
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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23-0287
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IN RE LG CHEM AMERICA, INC.; from Harris County; 14th Court of Appeals District (14-22-00416-CV, ___ SW3d ___, 02-09-23)
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23-0342
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IN RE DR. GLEN KING; from Dallas County; 5th Court of Appeals District (05-23-00109-CV, ___ SW3d ___, 04-25-23)
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emergency motion for temporary relief dismissed as moot
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23-0454
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IN RE META PLATFORMS, INC.; from Harrison County; 6th Court of Appeals District (06-23-00045-CV, ___ SW3d ___, 06-14-23)
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motion for leave to submit documents for in camera inspection granted
motion to file mandamus record under seal granted
motion for temporary relief dismissed as moot
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(Justice Young not participating)
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23-0584
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IN RE SUZANN RUFF; from Palo Pinto County; 11th Court of Appeals District (11-23-00019-CV)
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23-0673
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IN RE CAROL JOHNENE MORRIS; from Midland County; 11th Court of Appeals District (11-10-00249-CR, ___ SW3d ___, 02-09-12)
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23-0675
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IN RE RUSSELL JAY REGER; from Tarrant County; 2nd Court of Appeals District (02-23-00203-CV, ___ SW3d ___, 06-15-23)
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23-0689
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IN RE MARCO A. CANTU; from Hidalgo County; 13th Court of Appeals District (13-23-00265-CV, ___ SW3d ___, 07-31-23)
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23-0754
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IN RE FRANK C. POWELL; from Harris County; 1st Court of Appeals District (01-23-00661-CV)
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emergency motion to stay judgment denied
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THE FOLLOWING PETITION FOR WRIT OF HABEAS CORPUS IS DENIED:
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23-0677
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EX PARTE JAMES A. RUBIO; from Montgomery County; 9th Court of Appeals District (09-22-00219-CV, ___ SW3d ___, 07-27-23)
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THE DECISION OF THE BOARD OF DISCIPLINARY APPEALS IN THE FOLLOWING APPEAL IS AFFIRMED:
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23-0132
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AARON MARK WESBROOKS v. COMMISSION FOR LAWYER DISCIPLINE (BODA Cause No. 66186)
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