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THE SUPREME COURT OF TEXAS
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Orders Pronounced August 30, 2024
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ORDERS ON CAUSES
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23-0258
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IN THE ESTATE OF MYRTLE DELL BROWN, DECEASED; from Fort Bend County; 1st Court of Appeals District (01-19-00953-CV, ___ SW3d ___, 12-20-22)
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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 and remands the case to that court.
Per Curiam Opinion
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(Justice Lehrmann not participating)
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23-0438
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CITY OF HOUSTON v. ADAEZE SHAVON MEKA; from Harris County; 1st Court of Appeals District (01-22-00002-CV, ___ SW3d ___, 04-25-23)
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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 vacates the court of appeals' judgment and remands the case to that court.
Per Curiam Opinion
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23-0443
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RICHARD S. WADE v. VERTICAL COMPUTER SYSTEMS, INC. AND LUIZ VALDETARO; from Dallas County; 5th Court of Appeals District (05-22-00454-CV, ___ SW3d ___, 04-27-23)
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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 and remands the case to the trial court.
Per Curiam Opinion
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23-0686
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IN THE INTEREST OF S.V., A MINOR CHILD; from Dallas County; 5th Court of Appeals District (05-23-00324-CV, ___ SW3d ___, 06-29-23)
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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 and remands the case to that court.
Per Curiam Opinion
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THE FOLLOWING CAUSE IS SET FOR SUBMISSION:
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24-0573
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WARREN KENNETH PAXTON, JR., IN HIS OFFICIAL CAPACITY AS TEXAS ATTORNEY GENERAL AND THE STATE OF TEXAS v. ANNUNCIATION HOUSE, INC.; from El Paso County
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[Note: This cause has been set for oral argument at 9:00 a.m., January 13, 2025.]
Time allotted to argue: 20/20 minutes
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THE FOLLOWING CAUSE IS RESET FOR ORAL ARGUMENT:
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24-0616
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CHERYL BUTLER v. JENNIFER M. COLLINS; STEVEN C. CURRALL; ROY P. ANDERSON; JULIE P. FORRESTER; HAROLD STANLEY; PAUL WARD; SOUTHERN METHODIST UNIVERSITY (U.S. Fifth Circuit 23-10072)
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[Note: This case has been reset for oral argument at 9:00 a.m., December 3, 2024.]
Time allotted to argue: 20/20 minutes
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THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSES ARE DENIED:
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22-0166
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GEORGE FLEMING AND FLEMING & ASSOCIATES, L.L.P. v. REBECCA WILSON, ET AL.; from Harris County; 14th Court of Appeals District (14-17-00223-CV, 669 SW3d 450, 11-04-21)
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(Justice Devine and Justice Busby not participating)
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22-0215
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SAMSON EXPLORATION, LLC, F/K/A/ SAMSON LONE STAR, L.P. v. JOE A. BORDAGES JR., ET AL.; from Jefferson County; 9th Court of Appeals District (09-20-00174-CV, 662 SW3d 501, 01-13-22)
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22-0719
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IN RE AUTOZONERS, LLC; from El Paso County; 8th Court of Appeals District (08-21-00062-CV, 649 SW3d 774, 06-07-22)
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22-1023
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CITY OF DENTON v. MICHAEL GRIM AND JIM MAYNARD; from Dallas County; 5th Court of Appeals District (05-20-00945-CV, 683 SW3d 118, 08-29-22)
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23-0039
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FRISCO MEDICAL CENTER, L.L.P. AND TEXAS REGIONAL MEDICAL CENTER, L.L.C. v. PAULA CHESTNUT AND WENDY BOLEN, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED; from Dallas County; 5th Court of Appeals District (05-22-00058-CV, ___ SW3d ___, 11-07-22)
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ORDERS ON CASES GRANTED
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THE FOLLOWING DISCIPLINARY APPEAL IS SET FOR ORAL ARGUMENT:
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23-0956
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NEJLA KASSANDRA KEYFLI LANE v. COMMISSION FOR LAWYER DISCIPLINE (BODA Cause No. 67623)
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[Note: The date and time for oral argument are yet to be determined.]
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THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
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22-0878
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MYERS-WOODWARD, LLC v. UNDERGROUND SERVICES MARKHAM, LLC AND UNITED BRINE PIPELINE COMPANY, LLC; from Matagorda County; 13th Court of Appeals District (13-20-00172-CV, ___ SW3d ___, 06-16-22)
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[Note: Oral argument of this case will be conducted on Tuesday, October 29, 2024 at 9:00 a.m. at The University of Houston Law Center, Houston, Texas. See Tex. Const. art. V, § 3(a).]
Time allotted to argue: 20/20 minutes
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23-0067
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CHRISTINE LENORE STARY v. BRADY NEAL ETHRIDGE; from Harris County; 1st Court of Appeals District (01-21-00101-CV, ___ SW3d ___, 12-15-22)
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[Note: Oral argument of this case will be conducted on Tuesday, October 29, 2024 at 9:00 a.m. at The University of Houston Law Center, Houston, Texas. See Tex. Const. art. V, § 3(a).]
Time allotted to argue: 20/20 minutes
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23-0149
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THE GEO GROUP, INC. AND GEO CORRECTIONS AND DETENTION, LLC 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; 7th Court of Appeals District (07-22-00005-CV, 661 SW3d 470, 01-23-23)
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[Note: This case has been set for oral argument at 9:00 a.m., October 30, 2024.]
Time allotted to argue: 20/20 minutes
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23-0192
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TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; STEPHANIE MUTH, IN HER OFFICIAL CAPACITY AS DFPS COMMISSIONER; TEXAS HEALTH AND HUMAN SERVICES; CECILE ERWIN YOUNG, IN HER OFFICIAL CAPACITY AS HHSC EXECUTIVE COMMISSIONER; CORRECTIONS CORPORATION OF AMERICA; AND THE GEO GROUP, INC. v. GRASSROOTS LEADERSHIP, INC.; GLORIA VALENZUELA; E.G.S., FOR HERSELF AND AS NEXT FRIEND FOR A.E.S.G.; F.D.G., FOR HERSELF AND AS NEXT FRIEND FOR N.R.C.D.; Y.E.M.A., FOR HERSELF AND AS NEXT FRIEND FOR A.S.A.; from Travis County; 3rd Court of Appeals District (03-18-00261-CV, 665 SW3d 135, 02-10-23)
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[Note: This case has been set for oral argument at 9:00 a.m., October 31, 2024.]
Time allotted to argue: 20/20 minutes
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(Justice Blacklock not participating)
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23-0474
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THE COMMONS OF LAKE HOUSTON, LTD. v. CITY OF HOUSTON, TEXAS; from Harris County; 1st Court of Appeals District (01-21-00369-CV, ___ SW3d ___, 01-12-23)
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[Note: This case has been set for oral argument at 9:00 a.m., October 31, 2024.]
Time allotted to argue: 20/20 minutes
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23-0493
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WERNER ENTERPRISES, INC. AND SHIRAZ A. ALI v. JENNIFER BLAKE, INDIVIDUALLY AND AS NEXT FRIEND FOR NATHAN BLAKE, AND AS HEIR OF THE ESTATE OF ZACHERY BLAKE, DECEASED; AND ELDRIDGE MOAK, IN HIS CAPACITY AS GUARDIAN OF THE ESTATE OF BRIANA BLAKE; from Harris County; 14th Court of Appeals District (14-18-00967-CV, 672 SW3d 554, 05-18-23)
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[Note: This case has been set for oral argument at 9:00 a.m., December 3, 2024.]
Time allotted to argue: 20/20 minutes
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(Justice Lehrmann not participating)
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23-0568
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SADOK FERCHICHI AND MARTINA CORONADO v. WHATABURGER RESTAURANTS LLC AND CRYSTAL KRUEGER; from Bexar County; 4th Court of Appeals District (04-22-00020-CV, ___ SW3d ___, 12-28-23)
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~ consolidated for oral argument with ~
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23-0993
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HAVEN AT THORPE LANE, LLC v. JERRETTA PATE AND APRIL BURKE; from Hays County; 3rd Court of Appeals District (03-22-00404-CV, 681 SW3d 476, 10-26-23)
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[Note: These cases have been set for oral argument at 9:00 a.m., December 3, 2024.]
Time allotted to argue: 20/20 minutes
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23-1028
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IN THE MATTER OF J.J.T.; from Harris County; 1st Court of Appeals District (01-23-00358-CV, ___ SW3d ___, 11-07-23)
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[Note: This case has been set for oral argument at 9:00 a.m., December 3, 2024.]
Time allotted 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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22-0367
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FALLS COUNTY APPRAISAL DISTRICT, ALLEN MCKINLEY, AND ANDREW J. HAHN v. WALLY R. AND VONCYLE RUSTY BURNS; from Falls County; 10th Court of Appeals District (10-21-00119-CV, ___ SW3d ___, 03-23-22)
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22-1028
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SWIFT TRANSPORTATION CO. OF ARIZONA, LLC 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; 13th Court of Appeals District (13-21-00010-CV, ___ SW3d ___, 11-10-22)
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23-0095
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TOTALENERGIES PETROCHEMICALS & REFINING USA, INC. F/K/A TOTAL PETROCHEMICALS & REFINING USA, INC. AND ACE PROPERTY & CASUALTY INSURANCE CO. v. KINDER MORGAN PETCOKE, LP AND KINDER MORGAN PETCOKE GP LLC; from Harris County; 14th Court of Appeals District (14-20-00661-CV, 658 SW3d 647, 09-15-22)
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(Justice Young not participating)
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23-0420
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IN THE INTEREST OF A.V., A CHILD; from Lubbock County; 7th Court of Appeals District (07-22-00340-CV, ___ SW3d ___, 04-25-23)
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23-0446
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DEVON ENERGY PRODUCTION COMPANY, L.P. v. PERDIDO PROPERTIES, LLC, ON BEHALF OF AND AS ATTORNEY-IN-FACT FOR PAUL H. BREMER, JR. AND LEON C. SMITHERMAN, JR.; from Ector County; 11th Court of Appeals District (11-21-00060-CV, 669 SW3d 535, 05-18-23)
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23-0699
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RAFAEL IGLESIAS III v. OSCAR PARDO AND RICARDO EDUARDO PEREZ; from Harris County; 14th Court of Appeals District (14-22-00338-CV, 672 SW3d 428, 01-24-23)
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23-0810
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GLENN ALLEN HEGAR, JR., TEXAS COMPTROLLER OF PUBLIC ACCOUNTS v. ARNULFO P. ALCORTA, ET AL.; from Travis County; 3rd Court of Appeals District (03-21-00414-CV, ___ SW3d ___, 08-18-23)
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(Justice Devine not participating)
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23-0840
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BRIAN GAGE; JASON COGBURN; EPIC ENERGY SERVICES, L.P.; AND EPIC HOLDINGS, LLC v. BOBBY SIMMONS; CATHERINE SIMMONS; JODY FINLEY, INDIVIDUALLY AND D/B/A J&W SERVICES; AND ORBIT PLASTIC PIPE, INC. D/B/A ORBIT CONSTRUCTION; from Midland County; 11th Court of Appeals District (11-22-00072-CV, ___ SW3d ___, 07-20-23)
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23-0856
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RANDOLPH BEST, JR., GARY BEST, CHARLES BEST, ANITA BASSINGER, AND LOUIS BASSINGER v. MARY SUE THORNTON; from Freestone County; 10th Court of Appeals District (10-22-00275-CV, ___ SW3d ___, 08-30-23)
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23-0898
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EVAN WHITEHEAD v. MICHAEL SIMMONS; WILLIAM CAYCE RIVERS; MARS COLONY, LLC; AND MERIDIAN HIVE, LLC D/B/A MERIDIAN HIVE MEADERY AND D/B/A MERIDIAN CELLARS WINERY; from Travis County; 7th Court of Appeals District (07-22-00009-CV, ___ SW3d ___, 07-20-23)
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23-0909
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GALOVELHO, LLC v. GREG ABBOTT, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF THE STATE OF TEXAS; COLLIN COUNTY, TEXAS, AND CITY OF FRISCO, TEXAS; from Collin County; 5th Court of Appeals District (05-21-00965-CV, ___ SW3d ___, 08-29-23)
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23-0934
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EUREKA HOLDINGS ACQUISITIONS, L.P. v. MARSHALL APARTMENTS, LLC; from Travis County; 3rd Court of Appeals District (03-21-00442-CV, ___ SW3d ___, 09-29-23)
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(Justice Devine not participating)
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23-1003
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SPECTRUM MH, LLC AND SPECTRUM MHU, LLC v. CHRISTOPHER BRAN, CBMJ INVESTMENTS & DEVELOPMENT, LLC, AND MONTROSE MULTIFAMILY II HOLDINGS, LLC AND URBANONE PROPERTIES, LLC; from Harris County; 14th Court of Appeals District (14-22-00479-CV, ___ SW3d ___, 08-24-23)
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23-1027
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UNITED FIRE LLOYDS v. JD KUNZ CONCRETE CONTRACTOR, INC., AND EXPLOREUSA RV, LTD.; from Comal County; 8th Court of Appeals District (08-23-00047-CV, ___ SW3d ___, 10-31-23)
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24-0006
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IN RE THE GUARDIANSHIP OF SAMUEL ALLEN MASCORRO, JR., AN INCAPACITATED PERSON; from Dallas County; 5th Court of Appeals District (05-21-00940-CV, ___ SW3d ___, 08-23-23)
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24-0010
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IN RE THE COMMITMENT OF TIMOTHY DANIEL RENSHAW; from Wood County; 6th Court of Appeals District (06-22-00079-CV, 680 SW3d 675, 11-21-23)
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24-0026
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JANA SHEPHERD v. HELEN PAINTER & CO., CATHERINE TAYLOR, AMY DEFOREST, YOUNGER RANCH, LLC, SCOTT REAL ESTATE, INC., AND SHILA MANLEY; from Tarrant County; 7th Court of Appeals District (07-22-00314-CV, ___ SW3d ___, 12-01-23)
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(Justice Devine not participating)
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24-0044
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IN THE MATTER OF D.M.; from Harris County; 1st Court of Appeals District (01-22-00323-CV, 679 SW3d 864, 08-24-23)
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24-0058
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IN THE INTEREST OF S.D.T., A CHILD; from Medina County; 4th Court of Appeals District (04-23-00544-CV, ___ SW3d ___, 12-13-23)
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24-0069
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LANE MOESSER v. BROWN LAB INVESTMENTS, LLC, JOEL KATZ, AND ANDREA KATZ; from Harris County; 1st Court of Appeals District (01-21-00668-CV, ___ SW3d ___, 12-14-23)
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24-0071
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VIET TRAN, INDIVIDUALLY AND A/N/F FOR B.T., NHAM VO, PAULINA BINH DANG, HUU MAUI TRI, THUY BICH DANG AND JAMES DANG v. AFFORDABLE BURIAL AND CREMATION SERVICES, LLC, AND ROBERTO FALCON; from Travis County; 3rd Court of Appeals District (03-22-00406-CV, ___ SW3d ___, 12-15-23)
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24-0104
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CTRH, L.L.C., D/B/A CENTRAL TEXAS REHABILITATION HOSPITAL; AND SUPRIYA AILNANI, M.D. v. HEATHER DAWN WILLIAMS, INDIVIDUALLY AND AS WRONGFUL DEATH BENEFICIARY AND REPRESENTATIVE OF THE ESTATE OF LEILANI WITTKOHL, DECEASED; from Travis County; 3rd Court of Appeals District (03-22-00465-CV, ___ SW3d ___, 01-05-24)
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24-0128
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WAYMON HARTWELL A/K/A SCOTT HARTWELL v. THE FUNDWORKS, LLC; from Denton County; 2nd Court of Appeals District (02-23-00100-CV, ___ SW3d ___, 01-04-24)
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24-0137
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PAMELA KINNEY v. CHARLES PATRICK BATTEN; from Harris County; 1st Court of Appeals District (01-21-00394-CV, ___ SW3d ___, 03-02-23)
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24-0143
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BLAINE CREWS AND HANNAH CREWS v. RICHARD GALVAN AND SONIA GALVAN; from Cameron County; 13th Court of Appeals District (13-22-00289-CV, ___ SW3d ___, 01-18-24)
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24-0154
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CITY OF HOUSTON v. JOHN ANTHONY BRANCH; from Harris County; 1st Court of Appeals District (01-21-00255-CV, ___ SW3d ___, 01-30-24)
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24-0155
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TEXAS HEALTH AND HUMAN SERVICES COMMISSION v. CHAYLA COOPER; from Travis County; 3rd Court of Appeals District (03-22-00421-CV, ___ SW3d ___, 01-19-24)
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24-0159
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SUNBELT SECURITIES INC., THE FISHER GROUP, CHERYL BROWN, AND JEANINE FISHER v. DAVID MARK MANDELL AND RAY J. BLACK, PERMANENT ADMINISTRATOR OF THE ESTATE OF WILLIAM M. MANDELL, DECEASED; from Harris County; 1st Court of Appeals District (01-21-00209-CV, ___ SW3d ___, 01-31-23)
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24-0160
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RW TROPHY RANCH, LTD. AND ROBERT WILLIAMS v. TEXAS ANIMAL HEALTH COMMISSION; ANDY SCHWARTZ, DVM, EXECUTIVE DIRECTOR; AND TEXAS PARKS & WILDLIFE DEPARTMENT; from Travis County; 14th Court of Appeals District (14-23-00242-CV, ___ SW3d ___, 01-18-24)
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24-0185
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GEORGANNE GASAWAY DURRILL v. WILLIAM ROBERT ANDERSON, III AND ANDERSON, LEHRMAN, BARRE, & MARAIST, LLP; from Nueces County; 13th Court of Appeals District (13-23-00502-CV, ___ SW3d ___, 01-25-24)
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24-0219
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REBA JAYNETTE FUSSELL HOLLIS v. ROBERT HOLLIS AND WIFE, SHERRY HOLLIS; from Titus County; 6th Court of Appeals District (06-22-00082-CV, ___ SW3d ___, 02-06-24)
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24-0238
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ASC BEVERAGES, LLC D/B/A THE AVO SHOPPING COMPANY v. TEXAS ALCOHOLIC BEVERAGE COMMISSION; from Harris County; 1st Court of Appeals District (01-22-00297-CV, ___ SW3d ___, 02-15-24)
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24-0253
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NATHAN BRYAN v. HUMAN POWER OF N COMPANY; from Travis County; 3rd Court of Appeals District (03-22-00632-CV, ___ SW3d ___, 02-23-24)
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24-0272
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IN RE K.W. A/K/A K.D., A CHILD; from Galveston County; 1st Court of Appeals District (01-23-00530-CV, ___ SW3d ___, 01-11-24)
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24-0294
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SUN9028, INC. v. DUN HUANG PLAZA ASSOCIATION, INC.; from Harris County; 14th Court of Appeals District (14-22-00395-CV, ___ SW3d ___, 02-29-24)
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24-0300
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STEPHEN RICHARD SELINGER v. CITY OF MCKINNEY, TEXAS; from Collin County; 5th Court of Appeals District (05-23-00180-CV, ___ SW3d ___, 01-24-24)
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24-0303
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MARY RUFFIN v. MARK HENRY; from Harris County; 14th Court of Appeals District (14-22-00886-CV, ___ SW3d ___, 02-22-24)
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24-0313
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ROY J. ELIZONDO III v. ANDREW SMALLBONE; from Nueces County; 13th Court of Appeals District (13-23-00301-CV, ___ SW3d ___, 03-07-24)
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24-0323
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IN RE HARLEY DAVID BELEW; from Kerr County; 8th Court of Appeals District (08-23-00319-CV, ___ SW3d ___, 03-15-24)
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24-0338
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NOEL LIFE v. COUNTY OF EL PASO, TEXAS; from El Paso County; 8th Court of Appeals District (08-23-00192-CV, ___ SW3d ___, 02-28-24)
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24-0347
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SYED KAZMI v. SYEDA KAZMI; from Travis County; 3rd Court of Appeals District (03-22-00330-CV, ___ SW3d ___, 11-17-23)
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24-0363
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IN THE INTEREST OF R.H., A CHILD; from Cooke County; 2nd Court of Appeals District (02-23-00371-CV, ___ SW3d ___, 03-21-24)
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24-0365
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IN THE INTEREST OF K.S.G., A CHILD; from Hockley County; 7th Court of Appeals District (07-23-00452-CV, ___ SW3d ___, 03-19-24)
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24-0379
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CITY OF DALLAS, SELF INSURED v. IN THE MATTER OF CHARLIE JAIMES, DECEASED, ELVIA JAIMES, CLAIMANT BENEFICIARY; from Rockwall County; 5th Court of Appeals District (05-22-00818-CV, ___ SW3d ___, 03-27-24)
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24-0386
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IN THE INTEREST OF J.S.N., A CHILD; from Harris County; 14th Court of Appeals District (14-23-00572-CV, ___ SW3d ___, 03-26-24)
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24-0390
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IN THE ESTATE OF ROBERT S. KAM, DECEASED; from Dallas County; 5th Court of Appeals District (05-22-01049-CV, ___ SW3d ___, 03-18-24)
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24-0394
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IN THE MATTER OF A.S., A JUVENILE; from McLennan County; 10th Court of Appeals District (10-23-00337-CV, ___ SW3d ___, 03-28-24)
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24-0397
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IN RE INQUIRY CONCERNING HONORABLE GUY WILLIAMS; 3rd Court of Appeals District (03-24-00120-CV, ___ SW3d ___, 03-28-24)
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24-0414
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EVENFLOW, LLC, DAN MANSELLE, AND TRINITY LOGISTICS, INC. v. TTS, LLC; from Collin County; 5th Court of Appeals District (05-22-00770-CV, ___ SW3d ___, 09-15-23)
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24-0421
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JAMES DONALD TATE AND MICHAEL CUFFIA v. REX PERFORMANCE PRODUCTS, LLC; from Tarrant County; 2nd Court of Appeals District (02-23-00333-CV, ___ SW3d ___, 04-11-24)
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24-0498
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IN THE MATTER OF THE ESTATE OF GLORIA MARIE SHRIVER, DECEASED; from Jim Wells County; 4th Court of Appeals District (04-22-00678-CV, ___ SW3d ___, 04-24-24)
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24-0502
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MARIA V. BARBOSA v. CRISTINA GALAN; from Atascosa County; 4th Court of Appeals District (04-23-00020-CV, ___ SW3d ___, 03-06-24)
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24-0513
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MARY B. BARDOUCHE v. JON D. BARDOUCHE; from El Paso County; 8th Court of Appeals District (08-23-00248-CV, ___ SW3d ___, 05-20-24)
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24-0526
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LOIS J. BLANTON v. RED DESERT ENTERPRISES, LLC AND CHERYL MILES; from Tarrant County; 2nd Court of Appeals District (02-23-00191-CV, ___ SW3d ___, 05-02-24)
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24-0529
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NINFA CASTANEDA AND ELOY CASTANEDA v. WILMA GARZA CHAPA, INDEPENDENT EXECUTOR OF THE ESTATE OF NINFA RIVAS MCKINZIE, AND AS TRUSTEE OF THE SAMUEL GARZA TRUST; from Nueces County; 13th Court of Appeals District (13-22-00537-CV, ___ SW3d ___, 05-16-24)
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24-0569
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MICHAEL PETERSON v. PUBLIC UTILITY COMMISSION OF TEXAS; 3rd Court of Appeals District (03-24-00306-CV, ___ SW3d ___, 05-17-24)
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motion to abate denied
motion to disqualify counsel denied
motion for procedendo denied
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24-0637
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IN RE M.F.M., A CHILD; from Harris County; 14th Court of Appeals District (14-23-00974-CV, ___ SW3d ___, 06-25-24)
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24-0639
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IN THE INTEREST OF H.A.M., A CHILD; from Harris County; 14th Court of Appeals District (14-24-00093-CV, ___ SW3d ___, 07-16-24)
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counsel's motion to withdraw granted
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24-0660
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IN THE INTEREST OF R.H., A CHILD; from Dallas County; 5th Court of Appeals District (05-24-00098-CV, ___ SW3d ___, 07-16-24)
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24-0661
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IN THE INTEREST OF A.H. AND A.H, CHILDREN; from Tarrant County; 2nd Court of Appeals District (02-24-00059-CV, ___ SW3d ___, 07-11-24)
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counsel's motion to withdraw granted
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THE FOLLOWING PETITION FOR REVIEW IS DISMISSED FOR WANT OF JURISDICTION:
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24-0473
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CANDIDA IBARRA VENEGAS v. MARTIN DE LA CRUZ MEDINA; from Harris County; 14th Court of Appeals District (14-23-00823-CV, ___ SW3d ___, 04-30-24)
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See TEX. R. APP. P. 53.7(a)
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THE FOLLOWING PETITION FOR REVIEW IS ABATED:
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24-0420
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CHERIE FAYE WOODWARD v. BRIAN DAVID WOODWARD; from Collin County; 5th Court of Appeals District (05-23-00051-CV, ___ SW3d ___, 03-07-24)
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abatement order issued
[Note: Effective July 12, 2024, 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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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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22-0914
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NETFLIX, INC.; NETFLIX WORLDWIDE ENTERTAINMENT, LLC; KYOKO MIYAKE; SARIT G. WORK; SAMANTHA KNOWLES; KATE GILL; JIGSAW PRODUCTIONS, LLC; MUDDY WATERS PRODUCTIONS LLC; ALEX GIBNEY; PHILIP ROSS; JO ANN RIVERA; LAURA A. MARTINEZ; BRITTANY A. MARTINEZ; MICHELLE C. MARTINEZ; AND JOSE H. MARTINEZ, v. TONYA BARINA; from Bexar County; 4th Court of Appeals District (04-21-00327-CV, ___ SW3d ___, 08-31-22)
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(Justice Devine not participating)
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22-1013
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MONTGOMERY J. BENNETT AND DALLAS EXPRESS MEDIA, INC. D/B/A THE DALLAS EXPRESS v. STEVEN MONACELLI AND THE DALLAS WEEKLY, INC.; from Henderson County; 12th Court of Appeals District (12-22-00044-CV, ___ SW3d ___, 08-30-22)
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(Justice Devine not participating)
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22-1072
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ONCOR ELECTRIC DELIVERY COMPANY LLC v. VICTOR QUINTANILLA, OSCAR INTERIANO ROSALES AND ACCIDENT FUND INSURANCE COMPANY OF AMERICA; from Dallas County; 5th Court of Appeals District (05-19-01331-CV, ___ SW3d ___, 10-17-22)
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(Justice Bland not participating)
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23-0080
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MICHAEL QUINN SULLIVAN v. TEXAS ETHICS COMMISSION; from Travis County; 3rd Court of Appeals District (03-21-00033-CV, 660 SW3d 225, 08-31-22)
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(Justice Young not participating)
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23-0865
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GICOR, INC., MEMO EXPRESS, L.L.C., AND FLORENCIO GUERRA v. WAYNE BREWER AND MELINDA BREWER; from Montgomery County; 9th Court of Appeals District (09-21-00222-CV, ___ SW3d ___, 07-27-23)
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24-0343
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WEST EXCHANGE, INC. AND JOHN DAVID COOPER v. GLENN HEGAR, AS COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS; TEXAS COMPTROLLER OF PUBLIC ACCOUNTS; AND ATTORNEY GENERAL OF THE STATE OF TEXAS; from Travis County; 14th Court of Appeals District (14-22-00760-CV, ___ SW3d ___, 03-12-24)
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24-0401
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PATRICIA JACAMAN v. U.S. BANK, N.A. AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES 1 TRUST 2044-AC6; AND NATIONSTAR MORTGAGE LLC D/B/A MR. COOPER; DOES 1 THROUGH 100 INCLUSIVE; from Webb County; 4th Court of Appeals District (04-22-00370-CV, ___ SW3d ___, 02-14-24)
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24-0409
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DANNIS DARRELL HOPSON v. RHONDA S. HOPSON; from Dallas County; 5th Court of Appeals District (05-23-00120-CV, ___ SW3d ___, 02-21-24)
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24-0430
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CARMELE SHEKA v. THE HARTFORD INSURANCE; from Harris County; 14th Court of Appeals District (14-24-00271-CV, ___ SW3d ___, 05-09-24)
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THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
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24-0576
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IN RE DAVID CALDWELL, II; from Fort Bend County; 14th Court of Appeals District (14-24-00071-CV, ___ SW3d ___, 07-27-24)
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MISCELLANEOUS
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22-0538
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IN RE INQUIRY CONCERNING CJC NOS. 20-1415 & 21-0679 BROUGHT BY THE STATE COMMISSION ON JUDICIAL CONDUCT
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Examiners having filed a notice of nonsuit and a notice of withdrawal of formal proceedings, the Court dismisses all pending motions as moot, excuses the special master from this assignment, and closes this proceeding.
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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23-0721
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IN RE ROY J. ELIZONDO, III; from Nueces County; 13th Court of Appeals District (13-23-00376-CV, __ SW3d ___, 03-07-24)
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as reinstated
motion to dismiss for lack of jurisdiction dismissed as moot
second motion to dismiss for lack of jurisdiction dismissed as moot
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24-0072
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IN RE UV LOGISTICS, LLC; UV LOGISTICS, LLC D/B/A UNITED VISION LOGISTICS; UNITED VISION LOGISTICS F/K/A UV LOGISTICS, LLC; from Harris County; 1st Court of Appeals District (01-23-00044-CV, 682 SW3d 612, 11-28-23)
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(Justice Lehrmann not participating)
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24-0168
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IN RE EXXON MOBIL CORPORATION; from Dallas County; 5th Court of Appeals District (05-23-01219-CV, ___ SW3d ___, 02-13-24)
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relator's motion for temporary relief dismissed as moot
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(Justice Lehrmann not participating)
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24-0204
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IN RE MADISON MILLER; from Burleson County; 10th Court of Appeals District (10-23-00256-CV, ___ SW3d ___, 01-18-24)
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24-0299
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IN RE LILLY LERNER; from Harris County; 1st Court of Appeals District (01-24-00268-CV, ___ SW3d ___, 04-12-24)
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relator's emergency motion for temporary stay dismissed as moot
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24-0333
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IN RE ELAMEX, S.A. DE C.V., ELAMEX USA, CORP., AND MOUNT FRANKLIN FOODS L.L.C.; from El Paso County; 8th Court of Appeals District (08-23-00246-CV, ___ SW3d ___, 04-04-24)
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stay order issued April 26, 2024, lifted
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24-0395
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IN RE C.M.; from Tarrant County; 2nd Court of Appeals District (02-24-00149-CV, ___ SW3d ___, 04-10-24)
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24-0410
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IN RE CONGHUA YAN; from Tarrant County; 2nd Court of Appeals District (02-24-00219-CV, ___ SW3d ___, 05-16-24)
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24-0442
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IN RE CYNTHIA BANIGAN; from Collin County; 5th Court of Appeals District (05-23-01196-CV, ___ SW3d ___, 04-24-24)
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24-0446
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IN RE EDRICK DUNN; from Lubbock County (07-13-00378-CR)
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24-0575
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IN RE PRABHAKAR GOPALAN; from Travis County; 3rd Court of Appeals District (03-22-00649-CV)
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24-0601
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IN RE ABELARDO G. GONZALEZ; from Webb County; 4th Court of Appeals District (04-24-00136-CV, ___ SW3d ___, 05-15-24)
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STAY ORDERS ARE ISSUED IN THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS:
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24-0239
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IN RE NOVARTIS PHARMACEUTICALS CORPORATION; from Harrison County; 6th Court of Appeals District (06-24-00005-CV, ___ SW3d ___, 03-01-24)
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relator's motion for temporary stay granted
stay order issued
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[Note: The petition for writ of mandamus remains pending before this Court.]
Justice Blacklock notes his dissent from the grant of the motion to stay and would deny the motion.
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24-0281
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IN RE GILEAD SCIENCES, INC.; from Harrison County; 6th Court of Appeals District (06-24-00021-CV, ___ SW3d ___, 03-15-24)
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relator's motion for temporary relief granted
stay order issued
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[Note: The petition for writ of mandamus remains pending before this Court.]
Justice Blacklock notes his dissent from the grant of the motion to stay and would deny the motion.
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THE FOLLOWING APPEAL FROM A DECISION OF THE BOARD OF DISCIPLINARY APPEALS IS DISMISSED FOR WANT OF PROSECUTION:
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24-0111
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DEREK A. QUINATA v. COMMISSION FOR LAWYER DISCIPLINE (BODA Cause No. 67898)
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