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THE SUPREME COURT OF TEXAS
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Orders Pronounced January 27, 2023
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ORDERS ON CAUSES
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21-0296
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TAYLOR MORRISON OF TEXAS, INC. AND TAYLOR WOODROW COMMUNITIES-LEAGUE CITY, LTD. v. ERIN SKUFCA AS NEXT OF FRIEND OF KSX AND KSXX, MINOR CHILDREN; from Galveston County; 1st Court of Appeals District (01-19-00943-CV, ___ SW3d ___, 10-01-20)
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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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22-0331
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TAYLOR MORRISON OF TEXAS, INC. AND TAYLOR WOODROW COMMUNITIES-LEAGUE CITY, LTD. v. MICHELLE HA, INDIVIDUALLY AND AS NEXT FRIEND OF C.M.X., MINOR CHILD 1, A.H.X., MINOR CHILD 2, AND H.R.X., MINOR CHILD 3; from Galveston County; 14th Court of Appeals District (14-20-00749-CV, ___ SW3d ___, 12-21-21)
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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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THE MOTION FOR REHEARING OF THE FOLLOWING CAUSE IS DENIED:
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21-0032
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GALVESTON COUNTY JUDGE MARK HENRY, GALVESTON COUNTY COMMISSIONER DARRELL APFFEL, GALVESTON COUNTY COMMISSIONER JOE GIUSTI, GALVESTON COUNTY COMMISSIONER STEPHEN HOLMES, AND GALVESTON COUNTY COMMISSIONER KEN CLARK, IN THEIR OFFICIAL CAPACITIES AS THE GALVESTON COUNTY COMMISSIONERS COURT v. KIMBERLY SULLIVAN, JUDGE, PROBATE COURT OF GALVESTON COUNTY; from Galveston County; 14th Court of Appeals District (14-19-00073-CV, 652 SW3d 447, 09-24-20)
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(Justice Busby 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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20-0795
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FTS INTERNATIONAL SERVICES, LLC AND BILL HERBERT ACKER v. JOSHUA PATTERSON; from Upshur County; 12th Court of Appeals District (12-19-00040-CV, ___ SW3d ___, 08-26-20)
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motion for rehearing granted
abatement order issued September 30, 2022, lifted
petition reinstated
joint motion to remand granted as follows:
Pursuant to Texas Rule of Appellate Procedure 56.3, without considering the merits, the Court grants the petition for review, as reinstated, and remands the case to the trial court for disposition consistent with the parties' settlement agreement.
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(Justice Lehrmann not participating)
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21-0936
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EXXON MOBIL CORPORATION v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, AND STARR INDEMNITY & LIABILITY INSURANCE COMPANY; from Harris County; 1st Court of Appeals District (01-19-00852-CV, ___ SW3d ___, 09-21-21)
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[Note: This case has been set for oral argument at 9:00 a.m., February 23, 2023.]
Time allotted to argue: 20/20 minutes
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(Justice Lehrmann not participating)
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21-1014
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DAVID A. SKEELS v. JONATHAN T. SUDER, MICHAEL T. COOKE, AND FRIEDMAN, SUDER & COOKE, P.C.; from Tarrant County; 2nd Court of Appeals District (02-18-00112-CV, ___ SW3d ___, 10-14-21)
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[Note: This case has been set for oral argument at 9:00 a.m., February 23, 2023.]
Time allotted to argue: 20/20 minutes
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(Justice Lehrmann not participating)
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21-1079
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GREG ABBOTT, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF TEXAS, AND STATE OF TEXAS v. CITY OF SAN ANTONIO AND COUNTY OF BEXAR; from Bexar County; 4th Court of Appeals District (04-21-00342-CV, 648 SW3d 498, 11-10-21)
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~ consolidated for oral argument with ~
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21-1080
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GOVERNOR GREG ABBOTT, ATTORNEY GENERAL KEN PAXTON AND THE STATE OF TEXAS v. CLAY JENKINS, IN HIS OFFICIAL CAPACITY; from Dallas County; 5th Court of Appeals District (05-21-00733-CV, ___ SW3d ___, 11-22-21)
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~ consolidated for oral argument with ~
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22-0124
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GREG ABBOTT IN HIS OFFICIAL CAPACITY AS GOVERNOR OF TEXAS; AND KEN PAXTON IN HIS OFFICIAL CAPACITY AS TEXAS ATTORNEY GENERAL v. HARRIS COUNTY, TEXAS, ET AL.; from Travis County; 3rd Court of Appeals District (03-21-00429-CV, 641 SW3d 514, 01-06-22)
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[Note: These cases have been set for oral argument at 9:00 a.m., February 22, 2023.]
Time allotted to argue: 30/30 minutes
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22-0179
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TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER - EL PASO v. DR. LINDSEY NIEHAY; from El Paso County; 8th Court of Appeals District (08-19-00201-CV, 641 SW3d 761, 01-31-22)
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[Note: This case has been set for oral argument at 9:00 a.m., February 21, 2023.]
Time allotted to argue: 20/20 minutes
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22-0214
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HOUSTON ANUSA, LLC D/B/A AUTONATION USA HOUSTON v. WALTER SHATTENKIRK; from Harris County; 14th Court of Appeals District (14-20-00446-CV, ___ SW3d ___, 01-06-22)
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[Note: This case has been set for oral argument at 9:00 a.m., February 21, 2023.]
Time allotted to argue: 20/20 minutes
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THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS SET FOR ORAL ARGUMENT:
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22-0227
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IN RE FIRST RESERVE MANAGEMENT, L.P.; FIRST RESERVE CORPORATION, L.L.C.; FR XII ALPHA AIV, L.P.; FR XII-A ALPHA AIV, L.P.; FR SAWGRASS, L.P.; AND SAWGRASS HOLDINGS, L.P.; from Orange County; 9th Court of Appeals District (09-21-00374-CV, ___ SW3d ___, 01-13-22)
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[Note: This case has been set for oral argument at 9:00 a.m., February 22, 2023.]
Time allotted to argue: 20/20 minutes
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(Justice Bland not participating)
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ORDERS ON PETITIONS FOR REVIEW
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THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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20-0676
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IN THE INTEREST OF S.K. AND L.K., CHILDREN; from Victoria County; 13th Court of Appeals District (13-19-00213-CV, ___ SW3d ___, 08-13-20)
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(Justice Lehrmann not participating)
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21-0533
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CASTEX ENERGY PARTNERS, LLC, F/K/A CASTEX ENERGY PARTNERS, L.P., CASTEX OFFSHORE, INC., AND CAPL, LLC v. APACHE CORPORATION; from Harris County; 14th Court of Appeals District (14-19-00605-CV, 626 SW3d 371, 05-11-21)
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(Justice Lehrmann not participating)
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21-0618
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THE CITY OF AUSTIN D/B/A AUSTIN ENERGY v. MARIA DEL ROSARIO MEMBRENO LOPEZ AS NEXT FRIEND OF J.L.; from Travis County; 3rd Court of Appeals District (03-19-00786-CV, 632 SW3d 200, 06-24-21)
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21-0662
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BOBBY MARTIN v. WPP PROPERTIES, LLC, JENNIFER M. WILLIAMS, WILLIAM R. PULLEY AND ZACHARY D. PULLEY; from Henderson County; 12th Court of Appeals District (12-20-00243-CV, ___ SW3d ___, 06-30-21)
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21-0830
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THE CITY OF EL PASO v. GUADALUPE RAMIREZ, NORMA RAMIREZ, RAMIREZ PECAN FARMS, LLC, WILLIAM H. BOUTWELL, JACKIE BOUTWELL, RAUL ZAMORANO, JR., AMY K. ZAMORANO, PATRICIA WYNN, INDIVIDUALLY AND AS TRUSTEE OF THE WYNN FAMILY LIVING TRUST, LARRY R. WEBB, MARIA L. WEBB, JAMES R. RALEY, YARIELA G. RALEY, RUSSELL T. STURGEON, KERRY L. STURGEON, KENNETH A. JOHNSON AND JULIE R. JOHNSON; from El Paso County; 8th Court of Appeals District (08-18-00216-CV, 633 SW3d 246, 08-27-21)
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21-0957
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CITY OF SEGUIN, TEXAS v. FORREST M. MIMS, MINNIE MIMS, RAY REININGER, DEBORAH REININGER, GLENN THOMPSON, ANNETTE THOMPSON, BLAKE C. BROCK, AND ANNETTE DANNELLY-SILVA; from Guadalupe County; 4th Court of Appeals District (04-20-00355-CV, ___ SW3d ___, 07-21-21)
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21-1011
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GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS; AND KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS v. XEROX CORPORATION; from Travis County; 14th Court of Appeals District (14-19-00358-CV, 633 SW3d 298, 08-31-21)
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21-1074
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DALLAS MEDICAL CENTER, LLC , ET AL. v. MOLINA HEALTHCARE OF TEXAS, INC.; from Dallas County; 5th Court of Appeals District (05-19-01583-CV, ___ SW3d ___, 11-02-21)
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22-0060
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JERRY A. BULLIN, INDIVIDUALLY, CJB PARTNERS, LTD., AND ITS GENERAL PARTNER, CJB PARTNERS MANAGEMENT, LLC, AND BRE GROUP, LTD. v. TEXAS PRIVATE SCHOOL FOUNDATION, INC. A/K/A TEXAS PRIVATE SCHOOLS FOUNDATION, INC. D/B/A ALLEN ACADEMY; from Brazos County; 7th Court of Appeals District (07-20-00225-CV, ___ SW3d ___, 12-22-21)
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22-0210
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ROSE TRADING, LLC v. WEI WEI AND BRIAN HUNTER; from Dallas County; 5th Court of Appeals District (05-21-00232-CV, ___ SW3d ___, 12-03-21)
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22-0326
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P.K. SHAH, MD A/K/A PANKAJ K. SHAH ON BEHALF OF APEX LONG TERM ACUTE CARE, L.P. AND APEX KATY PHYSICIANS-TMG, LLC, PARAG PARIKH ON BEHALF OF LIFE SPACE, LLP, A LIMITED PARTNER OF APEX-TMC, L.P., MEDICAL CENTER SPECIALTY HOSPITAL, L.P., ACUITY HOSPITAL OF HOUSTON, L.P., AND MED CENTER WD, L.P., AND APEX KATY PHYSICIANS, LLC v. ROBERT D. REMY; STEPHEN KOCH, MD; AND ABEER SAQER AND I-CARE INTERNATIONAL, LLC.; from Harris County; 14th Court of Appeals District (14-21-00612-CV, ___ SW3d ___, 03-15-22)
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22-0358
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DEBORAH ANN MOON v. CARL JOHN SCHEEF, III; from Collin County; 5th Court of Appeals District (05-20-00105-CV, ___ SW3d ___, 03-23-22)
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22-0458
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IN THE MATTER OF THE ESTATE OF DONNIE M. RUSHING, DECEASED; from Upshur County; 12th Court of Appeals District (12-21-00083-CV, 644 SW3d 383, 04-14-22)
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22-0546
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CITY OF CORPUS CHRISTI, TEXAS v. CITY OF INGLESIDE, TEXAS; from San Patricio County; 13th Court of Appeals District (13-20-00513-CV, ___ SW3d ___, 06-16-22)
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22-0552
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NAOMI MARKHAM; CARRIE MARKHAM; AND TREVOR MARKHAM, INDIVIDUALLY AND AS THE ADMINISTRATOR OF THE ESTATE OF JOSLYN MARKHAM, DECEASED v. ISI CONTRACTING, INC. AND GUERRA CONSTRUCTION; from Bexar County; 4th Court of Appeals District (04-21-00325-CV, 647 SW3d 489, 04-27-22)
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22-0599
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ARMANDO MONTELONGO, JR., REAL ESTATE TRAINING INTERNATIONAL, LLC, PERFORMANCE ADVANTAGE GROUP, INC., AND LICENSE BRANDING, LLC v. CECIL G. ABREA, ET AL.; from Bexar County; 4th Court of Appeals District (04-19-00301-CV, ___ SW3d ___, 06-15-22)
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22-0616
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CITY OF DALLAS v. LYNN PELTIER; from Dallas County; 5th Court of Appeals District (05-21-00760-CV, ___ SW3d ___, 06-16-22)
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22-0666
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IN THE MATTER OF BUMSTEAD FAMILY IRREVOCABLE TRUST; from Harris County; 13th Court of Appeals District (13-20-00350-CV, ___ SW3d ___, 03-10-22)
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22-0692
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TRAVELERS INDEMNITY COMPANY v. ALTO ISD; from Cherokee County; 12th Court of Appeals District (12-21-00143-CV, ___ SW3d ___, 05-25-22)
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stay order issued September 9, 2022, lifted
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22-0743
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IN THE INTEREST OF C.D.G., A.D.G. AND L.M.G., CHILDREN; from Collin County; 5th Court of Appeals District (05-21-00132-CV, ___ SW3d ___, 07-15-22)
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22-0754
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TERRY FISHER, 829 YALE ST., LLC, AND ASSURANCE HOME WARRANTY GROUP, LLC v. STEADFAST FUNDING LLC, ET AL.; from Harris County; 1st Court of Appeals District (01-19-00555-CV, ___ SW3d ___, 07-07-22)
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2 petitions
motion to dismiss dismissed as moot
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(Justice Huddle and Justice Young not participating)
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22-0755
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BRAD PARKER v. STEADFAST FUNDING, LLC., ET AL.; from Harris County; 1st Court of Appeals District (01-20-00188-CV, ___ SW3d ___, 07-07-22)
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motion to dismiss dismissed as moot
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(Justice Huddle and Justice Young not participating)
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22-0756
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TERRY FISHER, 829 YALE, LLC AND ASSURANCE HOME WARRANTY GROUP, LLC v. STEADFAST FUNDING, LLC., ET AL.; from Harris County; 1st Court of Appeals District (01-20-00190-CV, ___ SW3d ___, 07-07-22)
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2 petitions
motion to dismiss dismissed as moot
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(Justice Huddle and Justice Young not participating)
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22-0758
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KVAC HOLDING COMPANY, LLC, KAVAC HOLDING, LLC, CITY SCAPE RENTALS, LLC, TERRY FISHER, 829 YALE, LLC ALEN J. FISHER AND ASSURANCE HOME WARRANTY GROUP, LLC, JAMES D. PIERCE v. STEADFAST FUNDING, LLC., ET AL.; from Harris County; 1st Court of Appeals District (01-20-00189-CV, ___ SW3d ___, 07-07-22)
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3 petitions
motion to dismiss dismissed as moot
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(Justice Huddle and Justice Young not participating)
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22-0777
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JANET MARIE ERWIN v. NORTHWEST TEXAS HEALTHCARE SYSTEM A/K/A NORTHWEST TEXAS HOSPITAL AND UNIVERSAL HEALTH SERVICES, INC.; from Potter County; 7th Court of Appeals District (07-22-00020-CV, ___ SW3d ___, 07-25-22)
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22-0794
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CHRIS SCHAPIRA AND PATRICIA BENITEZ v. JAVIER SALAZAR; from Bexar County; 4th Court of Appeals District (04-22-00114-CV, ___ SW3d ___, 07-27-22)
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22-0836
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CAROLYN FROST KEENAN v. RIVER OAKS PROPERTY OWNERS, INC.; from Harris County; 1st Court of Appeals District (01-20-00493-CV, ___ SW3d ___, 03-17-22)
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22-0864
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IN THE INTEREST OF A.B. AND D.B., CHILDREN; from Gregg County; 6th Court of Appeals District (06-22-00020-CV, ___ SW3d ___, 08-19-22)
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petition for review, on behalf of A.B., denied
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[Note: The petition for review, filed on behalf of D.B., remains pending before this Court.]
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22-0884
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T & T ENGINEERING SERVICES, INC. v. JORDAN DANKS; from Harris County; 1st Court of Appeals District (01-21-00139-CV, ___ SW3d ___, 08-23-22)
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22-0893
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DENNIS WAYNE GLENN v. PATTY ANN GLENN; from Upton County; 8th Court of Appeals District (08-21-00059-CV, ___ SW3d ___, 08-24-22)
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22-0915
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HILLIARD OFFICE SOLUTIONS OF TEXAS, LTD. AND THE HILLIARD COMPANIES, LLC v. 2100 RICCHI, LLC; from Dallas County; 5th Court of Appeals District (05-21-00158-CV, ___ SW3d ___, 08-03-22)
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22-0969
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BARBARA LINDSEY v. MAX F. ADLER, M.D., P.A. F/K/A PARK CITIES DERMATOLOGY CENTER A/K/A COPPELL DERMATOLOGY; MAX F. ADLER; LINDA L. WHITE; AND JOHN DOES; from Dallas County; 5th Court of Appeals District (05-20-01081-CV, ___ SW3d ___, 08-26-22)
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22-1071
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IN THE INTEREST OF N.B. & P.B., CHILDREN; from Van Zandt County; 12th Court of Appeals District (12-22-00236-CV, ___ SW3d ___, 11-09-22)
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22-1099
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IN THE INTEREST OF C.B., C.B., AND K.B., CHILDREN; from Archer County; 2nd Court of Appeals District (02-22-00212-CV, ___ SW3d ___, 10-27-22)
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22-1104
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EX PARTE D.K.; from Tarrant County; 2nd Court of Appeals District (02-22-00020-CV, ___ SW3d ___, 10-27-22)
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THE FOLLOWING PETITION FOR REVIEW IS DISMISSED:
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21-1105
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CITY OF EL PASO v. MAX GROSSMAN; from El Paso County; 8th Court of Appeals District (08-19-00272-CV, ___ SW3d ___, 11-10-21)
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unopposed motion to dismiss granted
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ORDERS ON MOTIONS FOR REHEARING
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THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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21-0688
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MCCLELLAND AND HINE, INC. v. RZQ, L.L.C., HAMEED QURAISHI, M.D., RAFATH QURAISHI, M.D., AADAM QURAISHI, M.D., AND ADVANCED MEDICAL IMAGING, L.L.C.; from Hidalgo County; 13th Court of Appeals District (13-19-00471-CV, ___ SW3d ___, 04-15-21)
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21-0852
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CITY OF SAN ANTONIO AND ERIK WALSH, IN HIS OFFICIAL CAPACITY v. SAN ANTONIO PARK POLICE OFFICERS ASSOCIATION, HENRY BASSUK AND ROGELIO TAMEZ; from Bexar County; 4th Court of Appeals District (04-20-00213-CV, ___ SW3d ___, 07-14-21)
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21-1032
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JDH PACIFIC, INC. v. PRECISION-HAYES INTERNATIONAL, INC.; from Fort Bend County; 14th Court of Appeals District (14-21-00027-CV, ___ SW3d ___, 06-29-21)
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(Justice Lehrmann not participating)
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22-0561
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STEPHEN PATRICK BLACK v. DR. NICHOLAS EDD; from Lamb County; 7th Court of Appeals District (07-21-00168-CV, ___ SW3d ___, 05-31-22)
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22-0598
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IN THE INTEREST OF S.V., A MINOR CHILD; from Dallas County; 5th Court of Appeals District (05-19-00548-CV, ___ SW3d ___, 03-08-22)
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22-0906
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RODOLFO ESPINOSA LUA AND ANEL LUA v. CAPITAL PLUS FINANCIAL, LLC; from Dallas County; 5th Court of Appeals District (05-19-01227-CV, 646 SW3d 622, 05-26-22)
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MISCELLANEOUS
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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22-0380
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IN RE JEREMY HALTOM; from Dallas County; 5th Court of Appeals District (05-21-00676-CV, ___ SW3d ___, 03-29-22)
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22-0654
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IN RE DAVID POWELL AND DOUBLE 09 RANCH, L.L.C.; from Gregg County; 6th Court of Appeals District (06-21-00110-CV, 644 SW3d 753, 03-17-22)
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(Justice Lehrmann not participating)
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22-0986
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IN RE UPS, INC. AND ANTOINE SCOTT CRENSHAW; from Williamson County; 3rd Court of Appeals District (03-22-00526-CV, ___ SW3d ___, 10-21-22)
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motion for stay dismissed as moot
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22-1165
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IN RE LAURA WALKER, PA-C; from Harris County; 1st Court of Appeals District (01-22-00813-CV, ___ SW3d ___, 11-10-22)
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