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THE SUPREME COURT OF TEXAS
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Orders Pronounced June 21, 2024
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ORDERS ON CAUSES
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22-0308
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IMAGE API, LLC v. CECILE YOUNG, EXECUTIVE COMMISSIONER OF THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION; from Travis County; 7th Court of Appeals District (07-21-00015-CV, 683 SW3d 54, 03-11-22)
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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.
Chief Justice Hecht delivered the opinion of the Court.
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22-0620
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TEXAS DISPOSAL SYSTEMS LANDFILL, INC. v. TRAVIS CENTRAL APPRAISAL DISTRICT, BY AND THROUGH MARYA CRIGLER, ACTING IN HER OFFICIAL CAPACITY AS CHIEF APPRAISER OF TRAVIS CENTRAL APPRAISAL DISTRICT; from Travis County; 3rd Court of Appeals District (03-20-00122-CV, 684 SW3d 470, 06-22-22)
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The Court affirms the court of appeals' judgment and remands the case to the trial court.
Justice Bland delivered the opinion of the Court, in which Chief Justice Hecht, Justice Lehrmann, Justice Blacklock, Justice Busby, Justice Huddle, and Justice Young joined.
Justice Boyd filed an opinion dissenting in part, in which Justice Devine joined.
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22-1046
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RICHARD J. MALOUF, D.D.S. v. THE STATE OF TEXAS EX RELS. CHRISTINE ELLIS, D.D.S. AND MADELAYNE CASTILLO; from Travis County; 8th Court of Appeals District (08-20-00235-CV, 656 SW3d 402, 10-14-22)
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The Court reverses the court of appeals' judgment and renders judgment.
Justice Boyd delivered the opinion of the Court, in which Chief Justice Hecht, Justice Devine, Justice Busby, Justice Bland, and Justice Huddle joined.
Justice Young filed a dissenting opinion, in which Justice Lehrmann joined.
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(Justice Blacklock not participating)
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23-0032
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WEEKLEY HOMES, LLC v. JOHN PANIAGUA; AND HERMELINDA MARAVILLA CORONA, JOSE CAMERINO MARAVILLA, SR., AND MARGARITA MARAVILLA, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVES OF THE ESTATE OF JOSE CAMERINO MARAVILLA, DECEASED, ET AL.; from Dallas County; 5th Court of Appeals District (05-19-00439-CV, ___ SW3d ___, 11-29-22)
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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 in part and remands the case to that court.
Per Curiam Opinion
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23-0138
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ONCOR ELECTRIC DELIVERY COMPANY NTU, LLC v. WILBARGER COUNTY APPRAISAL DISTRICT AND WILBARGER COUNTY APPRAISAL REVIEW BOARD; from Wilbarger County; 7th Court of Appeals District (07-21-00264-CV, 660 SW3d 760, 10-25-22)
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The Court reverses the court of appeals' judgment and remands the case to the trial court.
~ consolidated for oral argument with ~
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23-0145
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MILLS CENTRAL APPRAISAL DISTRICT AND MILLS COUNTY APPRAISAL REVIEW BOARD v. ONCOR ELECTRIC DELIVERY COMPANY NTU LLC; from Mills County; 3rd Court of Appeals District (03-21-00027-CV, 660 SW3d 288, 12-06-22)
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The Court affirms the court of appeals' judgment and remands the case to the trial court.
Justice Busby delivered the opinion of the Court.
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23-0148
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J-W POWER COMPANY v. JACK COUNTY APPRAISAL DISTRICT; from Jack County; 2nd Court of Appeals District (02-22-00082-CV, ___ SW3d ___, 01-26-23)
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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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(Justice Young not participating)
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23-0272
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MARY LOUISE SERAFINE v. KARIN CRUMP, IN HER INDIVIDUAL AND OFFICIAL CAPACITIES AS PRESIDING JUDGE OF THE 250TH CIVIL DISTRICT COURT OF TRAVIS COUNTY, TEXAS; MELISSA GOODWIN, DAVID PURYEAR, AND BOB PEMBERTON IN THEIR INDIVIDUAL AND OFFICIAL CAPACITIES AS FORMER JUSTICES OF THE THIRD COURT OF APPEALS AT AUSTIN, TEXAS; from Travis County; 3rd Court of Appeals District (03-21-00053-CV, 665 SW3d 93, 01-31-23)
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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, renders judgment, and remands the case to the trial court.
Per Curiam Opinion
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23-0276
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J-W POWER COMPANY v. WISE COUNTY APPRAISAL DISTRICT AND WISE COUNTY APPRAISAL REVIEW BOARD; from Wise County; 2nd Court of Appeals District (02-22-00227-CV, ___ SW3d ___, 03-02-23)
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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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(Justice Young not participating)
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23-0444
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J-W POWER COMPANY v. FRIO COUNTY APPRAISAL DISTRICT; from Frio County; 4th Court of Appeals District (04-21-00564-CV, ___ SW3d ___, 04-26-23)
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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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(Justice Young not participating)
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23-0597
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J-W POWER COMPANY v. HENDERSON COUNTY APPRAISAL DISTRICT; from Henderson County; 12th Court of Appeals District (12-22-00325-CV, ___ SW3d ___, 06-14-23)
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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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(Justice Young not participating)
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23-0861
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WALTER HANNAH v. LATRICIA THOMPSON, MD AND HOUSTON METHODIST WILLOWBROOK HOSPITAL; from Harris County; 14th Court of Appeals District (14-22-00711-CV, ___ SW3d ___, 08-31-23)
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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 the trial court.
Per Curiam Opinion
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THE MOTIONS FOR REHEARING OF THE FOLLOWING CAUSE ARE DENIED:
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22-0424
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NATHAN D. ALBERT AND CHISHOLM TRAIL REDI-MIX, LLC v. FORT WORTH & WESTERN RAILROAD COMPANY; from Johnson County; 10th Court of Appeals District (10-18-00219-CV, ___ SW3d ___, 02-23-22)
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Justice Blacklock notes his dissent from the Court's denial of the motions for rehearing.
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(Justice Devine not participating)
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ORDERS ON CASES GRANTED
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THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
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23-0006
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THE OHIO CASUALTY INSURANCE COMPANY v. PATTERSON-UTI ENERGY, INC., PATTERSON-UTI MANAGEMENT SERVICES, LLC; PATTERSON-UTI DRILLING COMPANY LLC; AND MARSH USA, INC.; from Harris County; 14th Court of Appeals District (14-22-00026-CV, 656 SW3d 729, 11-22-22)
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[Note: The date and time for oral argument are yet to be determined.]
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23-0024
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CONOCOPHILLIPS COMPANY v. KENNETH HAHN; from De Witt County; 13th Court of Appeals District (13-21-00310-CV, ___ SW3d ___, 12-01-22)
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[Note: The date and time for oral argument are yet to be determined.]
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23-0460
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JARED BUSH, JR. v. COLUMBIA MEDICAL CENTER OF ARLINGTON SUBSIDIARY, L.P. D/B/A MEDICAL CITY ARLINGTON AND HCA INC.; from Tarrant County; 2nd Court of Appeals District (02-22-00319-CV, ___ SW3d ___, 04-20-23)
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[Note: The date and time for oral argument are yet to be determined.]
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23-0607
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RENAISSANCE MEDICAL FOUNDATION v. REBECCA LUGO, INDIVIDUALLY AND AS NEXT FRIEND OF XXXXX XXXXX, A MINOR; from Hidalgo County; 13th Court of Appeals District (13-22-00374-CV, 672 SW3d 901, 06-15-23)
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[Note: The date and time for oral argument are yet to be determined.]
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ORDERS ON PETITIONS FOR REVIEW
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THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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23-0221
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DE MIDLAND III, LLC AND ENDEAVOR ENERGY RESOURCES, L.P. v. RUSTIC NATURAL RESOURCES LLC (F/K/A RUSTIC RESOURCES, LLC), RUSTIC LAND HOLDINGS, LLC, AND TORTOISE HOLDINGS, LLC; from Midland County; 11th Court of Appeals District (11-21-00033-CV, 669 SW3d 494, 12-15-22)
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23-0663
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ENPLAT II, LLC, PLATFORM II, LLC AND SIMMONS BANK F/K/A SOUTHWEST BANK, MANAGEMENT v. DEVON ENERGY PRODUCTION COMPANY, LP, EASTLAND OIL CO., SPINNAKER INVESTMENTS, LP, CALLON (PERMIAN) LLC F/K/A CARRIZO (PERMIAN) LLC, TILDEN CAPITAL MINERALS, LLC, PEGASUS RESOURCES, LLC, THE WOODLANDS VENTURE CAPITAL COMPANY, MAP2009-OK, JOURNEY OIL & GAS, INC., EASCO, LLC, TERRY JENNINGS, AS TRUSTEE OF THE TJS TRUST, WALKER ROYALTY, LP, BEVERLY GAY NICHOLS, GREGORY P. MILLER, BOYD D. MCMILLAN AND DELFINA L. MCMILLAN; from Reeves County; 8th Court of Appeals District (08-21-00217-CV, ___ SW3d ___, 07-10-23)
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(Justice Devine not participating)
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23-0681
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GLORIA GARZA, ALIX GARZA, SALLY VARELA AND AMY LOPEZ v. METHODIST HOSPITALS OF DALLAS D/B/A METHODIST DALLAS MEDICAL CENTER; from Dallas County; 5th Court of Appeals District (05-22-00366-CV, ___ SW3d ___, 06-28-23)
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respondent's motion to strike denied
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23-0775
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FMC TECHNOLOGIES, INC. v. RICHARD MURPHY AND DRIL-QUIP, INC.; from Harris County; 1st Court of Appeals District (01-21-00455-CV, 679 SW3d 788, 08-10-23)
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(Justice Lehrmann, Justice Huddle, and Justice Young not participating)
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23-0789
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WESTLAKE CHEMICAL CORPORATION v. BERKLEY REGIONAL INSURANCE COMPANY AND ZURICH AMERICAN INSURANCE COMPANY; from Harris County; 1st Court of Appeals District (01-21-00225-CV, ___ SW3d ___, 05-25-23)
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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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23-0881
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IN THE MATTER OF THE MARRIAGE OF ANGELA ANNE LYNCH CHILDERS AND JAMES ABRAHAM CHILDERS, III; from Parker County; 6th Court of Appeals District (06-23-00007-CV, ___ SW3d ___, 08-01-23)
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23-0922
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DO-MO JOINT VENTURE v. WILLIAM LISLE AND SMITH-LISLE HOLDINGS, LTD.; from Collin County; 5th Court of Appeals District (05-22-00236-CV, ___ SW3d ___, 09-26-23)
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23-0943
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PHOENIX CAPITAL GROUP HOLDINGS, LLC v. WILLIAM FRANCIS AND INCLINE ENERGY PARTNERS, L.P.; from Dallas County; 5th Court of Appeals District (05-22-01260-CV, ___ SW3d ___, 08-29-23)
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23-0946
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MONIQUE SHEPPARD v. UNIVERSITY OF HOUSTON; from Harris County; 14th Court of Appeals District (14-22-00453-CV, ___ SW3d ___, 08-31-23)
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23-1016
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LARRY KITCHEN v. BARON AVIATION SERVICES, INC.; from Brown County; 11th Court of Appeals District (11-22-00131-CV, 679 SW3d 330, 11-02-23)
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23-1017
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RICHARD GOLDSTEIN v. EUROTAINER US, INC.; from Harris County; 1st Court of Appeals District (01-22-00030-CV, ___ SW3d ___, 06-15-23)
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23-1018
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JANE DOE v. PECAN VALLEY MENTAL HEALTH MENTAL RETARDATION REGION OPERATING AS PECAN VALLEY CENTERS FOR BEHAVIORAL AND DEVELOPMENTAL HEALTHCARE; from Erath County; 11th Court of Appeals District (11-23-00114-CV, 678 SW3d 577, 11-02-23)
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23-1044
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BRYAN MICHAEL PARKS AND ADS AIR CONDITIONING, INC. v. NANCY MIGL; from Cameron County; 13th Court of Appeals District (13-22-00208-CV, ___ SW3d ___, 11-16-23)
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24-0028
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BRIAN CWEREN AND THE CWEREN LAW FIRM, PLLC v. EUREKA MULTIFAMILY GROUP, L.P., RENE CAMPOS, JIMMY ARNOLD AND CHRIS ROBERTSON; from Harris County; 1st Court of Appeals District (01-21-00470-CV, ___ SW3d ___, 04-18-23)
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24-0048
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IN THE MATTER OF THE ESTATE OF HELEN GAYLE WELLS, DECEASED; from Smith County; 12th Court of Appeals District (12-23-00066-CV, ___ SW3d ___, 11-08-23)
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24-0074
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FORD CHAPMAN PROPERTIES, LLC, ET AL. v. POWDER RIVER MINERAL PARTNERS, LLC, ET AL.; from Reeves County; 8th Court of Appeals District (08-23-00058-CV, ___ SW3d ___, 12-15-23)
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(Justice Devine not participating)
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24-0078
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RYAN, LLC v. USA TODAY A/K/A GANNETT CO., INC., GANNETT PUBLISHING SERVICES, LLC, AND GANNETT SATELLITE INFORMATION NETWORK, LLC; from Montgomery County; 9th Court of Appeals District (09-22-00322-CV, ___ SW3d ___, 12-14-23)
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(Justice Devine not participating)
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24-0158
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PATRICK DAUGHERTY v. SCOTT BYRON ELLINGTON; from Dallas County; 5th Court of Appeals District (05-22-00991-CV, ___ SW3d ___, 01-17-24)
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24-0179
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MULTI-HOUSING TAX CREDIT PARTNERS XXXI v. WHITE SETTLEMENT SENIOR LIVING, LLC; from Dallas County; 5th Court of Appeals District (05-22-00721-CV, ___ SW3d ___, 01-26-24)
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24-0190
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IN THE INTEREST OF D.W., A.W., I.W., I.W., CHILDREN; from Nueces County; 13th Court of Appeals District (13-23-00362-CV, ___ SW3d ___, 01-29-24)
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24-0235
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IN THE INTEREST OF K.A.M.J., K.D.J., AND K.A.M.J., CHILDREN; from McLennan County; 10th Court of Appeals District (10-23-00413-CV, ___ SW3d ___, 03-21-24)
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24-0295
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IN THE INTEREST OF K.R. AND G.R., CHILDREN; from Moore County; 7th Court of Appeals District (07-23-00373-CV, ___ SW3d ___, 02-28-24)
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24-0460
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IN THE INTEREST OF K.A.G., A CHILD; from Harris County; 14th Court of Appeals District (14-24-00125-CV, ___ SW3d ___, 05-21-24)
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counsel's motion to withdraw granted
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ORDERS ON MOTIONS FOR REHEARING
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THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR REVIEW IS GRANTED:
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23-0244
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TEXAS COMMISSION ON ENVIRONMENTAL QUALITY v. KEN PAXTON, ATTORNEY GENERAL OF TEXAS AND SIERRA CLUB; from Travis County; 3rd Court of Appeals District (03-21-00256-CV, ___ SW3d ___, 11-22-22)
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denial of petition for review on December 15, 2023, withdrawn
petition reinstated
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THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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24-0106
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IN THE INTEREST OF J.R., A CHILD; from Tarrant County; 2nd Court of Appeals District (02-23-00071-CV, ___ SW3d ___, 01-18-24)
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24-0317
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DANCE LOVE INSPIRE, LLC AND MARCELLO GOMEZ v. CHAMPION VILLAGE LLC; from Harris County; 1st Court of Appeals District (01-23-00361-CV, ___ SW3d ___, 08-08-23)
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MISCELLANEOUS
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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23-0845
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IN RE FLOOR & DECOR OUTLETS OF AMERICA, INC; from Fort Bend County; 1st Court of Appeals District (01-23-00225-CV, ___ SW3d ___, 08-29-23)
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23-0910
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IN RE NFI INTERACTIVE LOGISTICS, LLC; from Dallas County; 5th Court of Appeals District (05-23-01054-CV, ___ SW3d ___, 10-30-23)
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stay order issued November 3, 2023, lifted
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24-0060
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IN RE ANDREW PETE; from Harris County; 1st Court of Appeals District (01-22-00674-CR; 01-22-00675-CR)
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24-0146
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IN RE AUGUSTINE NCHEKWUBE OKOLI; from Harris County; 1st Court of Appeals District (01-23-00773-CV, ___ SW3d ___, 11-30-23)
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24-0147
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IN RE KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC.; from Bexar County; 4th Court of Appeals District (04-23-00699-CV, ___ SW3d ___, 11-01-23)
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relator's emergency motion for temporary relief dismissed as moot
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24-0222
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IN RE ALDO R. SANTOS; from Cameron County; 13th Court of Appeals District (13-23-00574-CV, ___ SW3d ___, 02-28-24)
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24-0232
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IN RE ASM GLOBAL, LLC D/B/A DESTINATION EL PASO; from El Paso County; 8th Court of Appeals District (08-24-00044-CV, ___ SW3d ___, 03-25-24)
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stay order issued March 27, 2024, lifted
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24-0284
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IN RE MARCUS SILVA; from Galveston County; 14th Court of Appeals District (14-23-00834-CV, ___ SW3d ___, 04-09-24)
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motion to expedite dismissed as moot
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THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS ABATED:
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24-0203
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IN RE CITY OF HOUSTON; from Harris County; 14th Court of Appeals District (14-24-00193-CV, ___ SW3d ___, 03-15-24)
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stay order issued March 18, 2024, lifted
abatement order issued
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[Note: The case is removed from the Court’s active docket until July 22, 2024, by which time the trial court must file the written order with the clerk of this Court and the parties must file a status report.]
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