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THE SUPREME COURT OF TEXAS
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Orders Pronounced January 31, 2025
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ORDERS ON CAUSES
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24-0055
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INWOOD NATIONAL BANK AND INWOOD BANCSHARES, INC. v. D. KYLE FAGIN, INDIVIDUALLY AND AS TRUSTEE AND BENEFICIARY OF THE D. KYLE FAGIN QUALIFIED SUBCHAPTER S TRUST; from Dallas County; 5th Court of Appeals District (05-21-00878-CV, ___ SW3d ___, 10-09-23)
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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 reinstates the trial court's judgment.
Per Curiam Opinion
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THE FOLLOWING CAUSE IS RESET FOR ORAL ARGUMENT:
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22-0631
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THE BOEING COMPANY v. SOUTHWEST AIRLINES PILOTS ASSOCIATION (SWAPA) ON BEHALF OF ITSELF AND ITS MEMBERS; from Dallas County; 5th Court of Appeals District (05-20-01067-CV, ___ SW3d ___, 03-30-22)
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unopposed motion to reset oral argument granted
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[Note: This cause has been reset for oral argument at 9:00 a.m., March 19, 2025.]
Time allotted to argue: 20/20 minutes
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ORDERS ON CASES GRANTED
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THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
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23-0676
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CACTUS WATER SERVICES, LLC v. COG OPERATING, LLC; from Reeves County; 8th Court of Appeals District (08-22-00037-CV, 676 SW3d 733, 07-28-23)
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[Note: This case has been set for oral argument at 9:00 a.m., March 18, 2025.]
Time allotted to argue: 20/20 minutes
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(Justice Young not participating)
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23-0724
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JOHN CARROZZELLA, MD AND JCMD MEDICAL SERVICES, INC. v. BIOTE MEDICAL, LLC; from Tarrant County; 2nd Court of Appeals District (02-22-00072-CV, ___ SW3d ___, 07-27-23)
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[Note: This case has been set for oral argument at 9:00 a.m., March 18, 2025.]
Time allotted to argue: 20/20 minutes
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23-0772
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ELSIE OPIELA AND ADRIAN OPIELA, JR. v. RAILROAD COMMISSION OF TEXAS AND MAGNOLIA OIL & GAS OPERATING LLC; from Travis County; 3rd Court of Appeals District (03-21-00258-CV, 681 SW3d 397, 06-30-23)
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joint motion for reversal and remand pursuant to settlement granted as follows:
Pursuant to Texas Rule of Appellate Procedure 56.3, without considering the merits, the Court grants the petition for review, vacates the judgment of the court of appeals, and remands the case to the trial court for further proceedings in accordance with the parties' settlement agreement.
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(Justice Young not participating)
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24-0040
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RUSH TRUCK CENTERS OF TEXAS, L.P. AND BLUE BIRD BODY COMPANY v. SEAN SAYRE AND TORI SAYRE, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF EMORY SAYRE, DECEASED; from Dallas County; 5th Court of Appeals District (05-23-00775-CV, ___ SW3d ___, 11-30-23)
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[Note: This case has been set for oral argument at 9:00 a.m., March 19, 2025.]
Time allotted to argue: 20/20 minutes
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24-0273
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ABIGAIL DALILA CERNA A/N/F OF R.W. v. PEARLAND URBAN AIR, LLC; from Harris County; 14th Court of Appeals District (14-23-00090-CV, 693 SW3d 711, 02-08-24)
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[Note: This case has been set for oral argument at 9:00 a.m., March 19, 2025.]
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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22-1005
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CITY OF HOUSTON v. ELMER RIVERA, KASSANDRA MORALES RODRIGUEZ, AND ISREAL MORALES; from Harris County; 1st Court of Appeals District (01-19-00629-CV, ___ SW3d ___, 06-16-22)
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23-0193
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CITY OF HOUSTON v. JIMMIE LEE JONES JUNIOR; from Harris County; 14th Court of Appeals District (14-21-00128-CV, ___ SW3d ___, 10-27-22)
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23-0552
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JOSHUA JACOB MIRELES AND CRISTIN MIRELES v. HARRIS COUNTY, TEXAS; from Harris County; 14th Court of Appeals District (14-22-00367-CV, 672 SW3d 663, 06-01-23)
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23-0679
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FORT BEND INDEPENDENT SCHOOL DISTRICT v. KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS; from Travis County; 3rd Court of Appeals District (03-22-00052-CV, ___ SW3d ___, 07-13-23)
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23-0877
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JASON A. GIBSON, P.C. D/B/A THE GIBSON LAW FIRM AND JASON A. GIBSON v. ALEJANDRO L. PADUA AND THE PADUA LAW FIRM, PLLC; from Harris County; 14th Court of Appeals District (14-21-00489-CV, ___ SW3d ___, 07-06-23)
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23-0935
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PACER ENERGY, LTD. v. ENDEAVOR ENERGY RESOURCES, LP; PONY OIL, LLC; VIPER ENERGY PARTNERS, LLC; MKSEA, LLC; ROYALTY ASSET HOLDINGS, LP; AND PONY OIL OPERATING, LLC; from Martin County; 11th Court of Appeals District (11-21-00169-CV, 675 SW3d 390, 09-14-23)
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23-1011
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CRAIG TAYLOR v. CITY OF ARLINGTON; from Tarrant County; 2nd Court of Appeals District (02-22-00325-CV, ___ SW3d ___, 10-12-23)
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24-0083
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MCNEIL, MCNEIL, & HOLT, BILLY MCNEIL AND JEANNE HOLT, BOTH INDIVIDUALLY AND AS EXECUTORS OF THE ESTATE OF GLENDA MCNEIL, DECEASED, JIMMY MCNEIL CATTLE COMPANY, AND WESTWAY RANCHES, LLC v. GARDNER ENERGY CORPORATION; BAJA ENERGY, LLC., PANDALE LAND & MINERALS COMPANY LLC., HEDBERG FAMILY LIMITED PARTNERSHIP AND PESCADOR PARTNERS, LTD; from Reeves County; 8th Court of Appeals District (08-23-00140-CV, ___ SW3d ___, 12-27-23)
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24-0208
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FREEDOM POWERSPORTS, L.L.C. v. JAMES ALAN BARNES, INDIVIDUALLY AND NEXT FRIEND OF E.B., A MINOR, AND AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF C.A.B., DECEASED, MIRTHA BARNES, ET AL.; from Dallas County; 5th Court of Appeals District (05-22-00677-CV, ___ SW3d ___, 02-05-24)
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24-0214
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EUGENIA FAE PIERCE, INDIVIDUALLY, ON BEHALF OF ALL WRONGFUL DEATH BENEFICIARIES AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ELTON PIERCE v. ABILENE REGIONAL MEDICAL CENTER AND BRIAN GANESH, M.D.; from Taylor County; 11th Court of Appeals District (11-23-00027-CV, 684 SW3d 564, 02-08-24)
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24-0358
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ANTHONY G. BUZBEE AND ANTHONY G. BUZBEE, LP D/B/A THE BUZBEE LAW FIRM v. TERRY & THWEATT, P.C.; from Harris County; 1st Court of Appeals District (01-23-00123-CV, ___ SW3d ___, 11-07-23)
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24-0403
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CITY OF HOUSTON v. PERCY TAYLOR; from Harris County; 14th Court of Appeals District (14-22-00629-CV, ___ SW3d ___, 04-02-24)
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24-0475
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JUDICIAL BRANCH CERTIFICATION COMMISSION; AND VELMA ARELLANO; DON FORD, III; THE HONORABLE POLLY SPENCER; THE HONORABLE WILLIAM SOWDER; THE HONORABLE VICTOR VILLAREAL; ANN MURRAY MOORE; MARK BLENDEN; THE HONORABLE SID HARLE; THE HONORABLE GLEN HARRISON; JEFF RINARD; AND MELINDA SAUCEDO, IN THEIR OFFICIAL CAPACITIES v. JO ANN HOLMGREN AND PREFERRED LEGAL SERVICES, INC.; from Travis County; 3rd Court of Appeals District (03-22-00245-CV, 691 SW3d 155, 04-30-24)
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24-0527
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LAZY W CONSERVATION DISTRICT v. THE CITY OF DRIPPING SPRINGS, TEXAS; from Hays County; 3rd Court of Appeals District (03-22-00296-CV, ___ SW3d ___, 05-31-24)
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(Justice Devine not participating)
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24-0587
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JBS CARRIERS, INC. v. CHAMBLEE RYAN, P.C.; from Angelina County; 12th Court of Appeals District (12-23-00125-CV, 691 SW3d 797, 06-12-24)
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24-0589
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NOVOTERRA CHASE, LLC AND GONET USA, LLC v. KIRT MCGHEE; from Montgomery County; 9th Court of Appeals District (09-22-00167-CV, ___ SW3d ___, 05-30-24)
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24-0610
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JOHN WHITMIRE, IN HIS OFFICIAL CAPACITY AS MAYOR OF THE CITY OF HOUSTON, TEXAS, AND SALLIE ALCORN, TWILA CARTER, MARTHA CASTEX-TATUM, MARIO CASTILLO, WILLIE DAVIS, CAROLYN EVANS-SHABAZZ, FRED FLICKINGER, MARY NAN HUFFMAN, TARSHA JACKSON, ABBIE KAMIN, JOAQUIN MARTINEZ, AMY PECK, LETITIA PLUMMER, EDWARD POLLARD, JULIAN RAMIREZ, AND TIFFANY D. THOMAS, IN THEIR OFFICIAL CAPACITIES OF CITY COUNCIL MEMBERS OF THE CITY OF HOUSTON, TEXAS v. JAMES ROBERT JONES AND ALLEN WATSON; from Harris County; 14th Court of Appeals District (14-23-00550-CV, 691 SW3d 685, 04-23-24)
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24-0621
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TEKWAY, INC. v. PINNACLE TECHNICAL RESOURCES, INC.; from Dallas County; 5th Court of Appeals District (05-22-00752-CV, ___ SW3d ___, 04-26-24)
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24-0641
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CITY OF HOUSTON v. LUCY CARO; from Harris County; 14th Court of Appeals District (14-23-00319-CV, ___ SW3d ___, 04-23-24)
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24-0663
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BLAKE INTERNATIONAL RIGS, L.L.C. AND BLAKE INTERNATIONAL USA RIGS, L.L.C. v. STALLION OFFSHORE QUARTERS, INC.; from Harris County; 14th Court of Appeals District (14-22-00878-CV, ___ SW3d ___, 07-02-24)
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24-0668
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BOXER PROPERTY MANAGEMENT CORPORATION v. TERESA R. DEHNEL; from Tarrant County; 2nd Court of Appeals District (02-22-00336-CV, ___ SW3d ___, 07-03-24)
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24-0670
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TEXAS DISPOSAL SYSTEMS, INC.; TEXAS LANDFILL MANAGEMENT, LLC; TDS EXCAVATION SERVICES, LLC (N/K/A TDS ENVIRONMENTAL SERVICES, LLC); TEXAS DISPOSAL SYSTEMS LANDFILL, INC.; TDS LAND MANAGEMENT, LP, AND THE AUSTIN SAVANNA, LLC v. KATZEN MARSHALL & ASSOCIATES, INC.; from Travis County; 7th Court of Appeals District (07-23-00348-CV, ___ SW3d ___, 07-08-24)
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24-0672
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TEXAS DISPOSAL SYSTEMS, INC., TEXAS LANDFILL MANAGEMENT, LLC, TDS
EXCAVATION SERVICES, LLC (N/K/A TDS ENVIRONMENTAL SERVICES,LLC),
TEXAS DISPOSAL SYSTEMS LANDFILL, INC., TDS LAND MANAGEMENT, LP AND
THE AUSTIN SAVANNA, LLC v. ALAMO ADVISORS, LP; from Travis County; 7th Court of Appeals District (07-23-00347-CV, ___ SW3d ___, 07-08-24)
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24-0693
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DALE BALL AND CLIFFORD WIECK v. BARLEY WATER GROUP, INC. AND ETTER WATER WELL, LLC; from Hemphill County; 7th Court of Appeals District (07-23-00378-CV, ___ SW3d ___, 05-09-24)
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24-0735
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U.S. BANK NATIONAL ASSOCIATION AS LEGAL TITLE TRUSTEE FOR TRUMAN 2016 SC6 TITLE TRUST v. GARSON B. SILVERS, ZEONS, INC., ATHAS CAPITAL GROUP, INC., RAMA FUND, LLC, WHITE GLASS LENDING, LLC, AMF HOLDINGS, LLC, SEABROOK CAPITAL LLC; from Harris County; 14th Court of Appeals District (14-22-00910-CV, ___ SW3d ___, 06-04-24)
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(Justice Devine not participating)
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24-0744
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JOSE SALOMON DAVILA v. DEVIN LEE WELLS AND GIGOT AGRA PRODUCTS, INC.; from Hansford County; 7th Court of Appeals District (07-23-00426-CV, ___ SW3d ___, 08-02-24)
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24-0792
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KORY LEE GILL, D.O. v. KELLY GOODSON; from Brazos County; 10th Court of Appeals District (10-23-00249-CV, ___ SW3d ___, 07-18-24)
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24-0793
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KERESA RICHARDSON v. STATE OF TEXAS, GOVERNOR GREG ABBOTT, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF THE STATE OF TEXAS, AND JANE NELSON, IN HER OFFICIAL CAPACITY AS SECRETARY OF STATE; from Collin County; 5th Court of Appeals District (05-23-00325-CV, ___ SW3d ___, 08-29-24)
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emergency motion to expedite dismissed as moot
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(Justice Sullivan not participating)
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24-0805
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HOLLY DAWN RUTHVEN v. D. ELAINE WIKE; from Galveston County; 1st Court of Appeals District (01-22-00696-CV, ___ SW3d ___, 03-28-24)
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24-0826
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TEXAS HIGHWAY WALLS, LLC v. SARAH COOK; from Travis County; 3rd Court of Appeals District (03-22-00736-CV, ___ SW3d ___, 06-14-24)
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24-0834
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AMBER CARDEN AND WILLIAM DUNCAN MCGEE v. MINTON, BASSETT, FLORES & CARSEY, P.C.; AND JOHN C. CARSEY, INDIVIDUALLY; from Travis County; 3rd Court of Appeals District (03-22-00513-CV, ___ SW3d ___, 08-21-24)
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24-0887
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ANGELA MEDLIN, YSIDRO RENTERIA AND MOZELLE CARR v. AMBER MARIE KING, JAMES ALAN SPARKS, AND HOLLY DIANE JONES; from Loving County; 8th Court of Appeals District (08-24-00001-CV, ___ SW3d ___, 08-16-24)
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2 petitions
emergency motion to expedite dismissed as moot
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24-0967
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IN THE INTEREST OF O.O., A CHILD; from Grayson County; 5th Court of Appeals District (05-24-00456-CV, ___ SW3d ___, 10-04-24)
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24-0997
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IN THE INTEREST OF F.L.J.B., A CHILD; from Collin County; 5th Court of Appeals District (05-23-00024-CV, ___ SW3d ___, 06-21-24)
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24-1006
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R.M. v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Williamson County; 3rd Court of Appeals District (03-24-00262-CV, ___ SW3d ___, 10-18-24)
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25-0020
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IN THE INTEREST OF D.Y.V.M, AND G.E.M., CHILDREN; from Harris County; 14th Court of Appeals District (14-24-00427-CV, ___ SW3d ___, 12-05-24)
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25-0024
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IN THE INTEREST OF I.J.M., L.M.M., A.F.M., AND E.M.M., CHILDREN; from Bexar County; 4th Court of Appeals District (04-24-00397-CV, ___ SW3d ___, 12-11-24)
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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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24-0205
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HUFFMAN ASSET MANAGEMENT, LLC AND PRAIRIE CAPITAL, LLC v. MAURICE COLTER AND NI-IDA COLTER; from Dallas County; 5th Court of Appeals District (05-22-00779-CV, ___ SW3d ___, 11-07-23)
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denial of petition for review on June 28, 2024, withdrawn
petition reinstated
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THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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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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23-0099
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MOSAIC BAYBROOK ONE, LP, MOSAIC BAYBROOK TWO, LP, MOSAIC RESIDENTIAL, INC., MOSAIC BAYBROOK ONE GP LLC, MOSAIC BAYBROOK TWO GP LLC, ROBERT M. WEBER, VELISSA PARMER, ABID BHIMANI, MOSAIC GP FUND III LLC, EASTHAM CAPITAL FUND III (QP) LP, EASTHAM CAPITAL FUND IV, LP, AUSPAY-BAYBROOK, LLC, AUSPAY-MOSAIC GP, LLC, WILLAMSBURG ENTERPRISES, LLLP, PHILIP SALEM, WIDAD SALEM, BAYBROOK LL, LLC, v. TAMMY CESSOR AND PAUL SIMIEN; from Harris County; 14th Court of Appeals District (14-19-00514-CV, ___ SW3d ___, 06-29-21)
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24-0156
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STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. ERNEST VALDEZ; from Bexar County; 4th Court of Appeals District (04-22-00113-CV, 690 SW3d 712, 01-31-24)
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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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24-0623
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JESUS JIMENEZ ESCAMILLA, JR. v. GABRIELA ESTRADA; from Dallas County; 5th Court of Appeals District (05-23-00236-CV, ___ SW3d ___, 07-01-24)
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24-0683
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BENJAMIN MENDEZ BRINGAS, MANUEL MENDEZ BRINGAS AND RENE MENDEZ BRINGAS v. OXY USA WTP LP; from Harris County; 1st Court of Appeals District (01-22-00373-CV, ___ SW3d ___, 07-09-24)
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24-0836
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DAVID LYNN v. RONALD FERGUSON; from Tarrant County; 7th Court of Appeals District (07-24-00030-CV, ___ SW3d ___, 08-16-24)
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motion to exceed word limit granted
second motion to stay denied
motion to abate denied
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MISCELLANEOUS
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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23-0904
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IN RE LAUREN JANE ANDERSEN; from Travis County; 3rd Court of Appeals District (03-23-00286-CV, ___ SW3d ___, 08-25-23)
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24-0803
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IN RE BRANDON LEE DOEGE; from Bexar County; 4th Court of Appeals District (04-24-00257-CV, ___ SW3d ___, 06-05-24)
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24-0832
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IN RE TEXAS DEPARTMENT OF PUBLIC SAFETY; from De Witt County; 13th Court of Appeals District (13-24-00363-CV, ___ SW3d ___, 08-29-24)
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24-1031
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IN RE CORY STARNES
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THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DISMISSED:
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24-0907
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IN RE SYSCO CORPORATION, SYSCO USA I, INC.,AND RODNEY HARRIS; from Harris County; 1st Court of Appeals District (01-24-00763-CV, ___ SW3d ___, 10-29-24)
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relators' motion to voluntarily dismiss granted
relators' emergency motion for temporary relief dismissed as moot
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