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THE SUPREME COURT OF TEXAS
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Orders Pronounced September 27, 2024
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ORDERS ON CAUSES
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THE FOLLOWING CAUSE IS RESET FOR ORAL ARGUMENT:
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23-0329
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CHRISTOPHER F. BERTUCCI, AS EXECUTOR OF THE ESTATE OF ANTHONY R. BERTUCCI, DECEASED, AND DERIVATIVELY ON BEHALF OF AMERICAN AFFORDABLE HOMES & PROPERTIES, INC.; AMERICAN AFFORDABLE HOMES, LP; TOWN VISTA DEVELOPMENT, LLC; TOWN VISTA TERRACE, INC.; AND MIDCROWNE SENIOR SLP, LLC v. EUGENE L. WATKINS, JR.; from Travis County; 3rd Court of Appeals District (03-20-00058-CV, 690 SW3d 341, 12-30-22)
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2 petitions
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[Note: This cause has been reset for oral argument at 9:00 a.m., October 1, 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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21-1097
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AMERICAN HONDA MOTOR CO., INC. v. SARAH MILBURN; from Dallas County; 5th Court of Appeals District (05-19-00850-CV, 668 SW3d 6, 11-24-21)
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22-0427
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TEXAS DEPARTMENT OF INSURANCE AND CASSIE BROWN, IN HER OFFICIAL CAPACITY AS COMMISSIONER OF THE TEXAS DEPARTMENT OF INSURANCE v. STONEWATER ROOFING, LTD. CO.; from Travis County; 7th Court of Appeals District (07-21-00016-CV, 641 SW3d 794, 02-02-22)
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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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ORDERS ON CASES GRANTED
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THE FOLLOWING PETITIONS FOR REVIEW ARE GRANTED:
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23-0317
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MAURICE N. LEIBMAN M.D. v. CLEVERATTA WALDROUP AND JAMES WALDROUP, INDIVIDUALLY AND AS NEXT FRIENDS OF R. W., A MINOR; from Harris County; 1st Court of Appeals District (01-22-00182-CV, ___ SW3d ___, 03-23-23)
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[Note: This case has been set for oral argument at 9:00 a.m., December 5, 2024.]
Time allotted to argue: 20/20 minutes
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23-0644
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KENSINGTON TITLE-NEVADA, LLC v. TEXAS DEPARTMENT OF STATE HEALTH SERVICES; from Travis County; 3rd Court of Appeals District (03-21-00370-CV, ___ SW3d ___, 07-07-23)
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[Note: This case has been set for oral argument at 9:00 a.m., December 5, 2024.]
Time allotted to argue: 20/20 minutes
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23-0662
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RAOGER CORPORATION v. BARRIE MYERS; from Dallas County; 5th Court of Appeals District (05-21-00988-CV, ___ SW3d ___, 07-05-23)
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[Note: This case 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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23-0704
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CHAD SEWARD, HOME DEPOT U.S.A., INC., AND POINT 2 POINT GLOBAL SECURITY, INC. v. ROGELIO SANTANDER SR. AND JULIA GARCIA, INDIVIDUALLY AND AS CO-ADMINISTRATORS OF THE ESTATE OF ROGELIO SANTANDER JR., AND CRYSTAL ALMEIDA; from Dallas County; 5th Court of Appeals District (05-21-00911-CV, ___ SW3d ___, 07-18-23)
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2 petitions
objection to brief of amici curiae, being treated as motion to reject amici curiae brief, denied
motion for leave to file response to objection dismissed as moot
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[Note: This case has been set for oral argument at 9:00 a.m., December 5, 2024.]
Time allotted to argue: 20/20 minutes
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23-0987
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COMMUNITY HEALTH CHOICE, INC. AND COMMUNITY HEALTH CHOICE TEXAS, INC. v. ACS PRIMARY CARE PHYSICIANS SOUTHWEST, P.A.; from Harris County; 14th Court of Appeals District (14-21-00519-CV, 676 SW3d 150, 08-15-23)
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respondent's motion to dismiss granted as follows:
Pursuant to Texas Rule of Appellate Procedure 56.2, after granting the petition for review and without hearing oral argument or considering the merits, the Court vacates the court of appeals' judgment and opinions, dismisses the appeal as moot, and remands the case to the trial court. See Morath v. Lewis, 601 S.W.3d 785 (Tex. 2020).
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ORDERS ON PETITIONS FOR REVIEW
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THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
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23-0637
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FRANK ELMER LANE, M.D. v. TEXAS MEDICAL BOARD; from Travis County; 3rd Court of Appeals District (03-21-00593-CV, ___ SW3d ___, 06-28-23)
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23-0997
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IN THE INTEREST OF A.N.C., A CHILD; from Bexar County; 4th Court of Appeals District (04-23-00497-CV, 679 SW3d 311, 10-31-23)
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2 petitions
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24-0100
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NUECES COUNTY AND NUECES COUNTY APPRAISAL DISTRICT v. SAN PATRICIO COUNTY; from Refugio County; 13th Court of Appeals District (13-21-00466-CV, 683 SW3d 559, 12-28-23)
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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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24-0221
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REYNALDO GONZALEZ JR. v. MORGAN GRAHAM; from Cameron County; 13th Court of Appeals District (13-23-00091-CV, ___ SW3d ___, 01-18-24)
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24-0241
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ROBERT DIAKIW, HARLOW MANAGEMENT, L.L.C., MINAKI CAPITAL INVESTMENTS, LLC, LEGACY PRECAST, LLC AND LEGACY PRECAST ADMINISTRATIVE GROUP, LLC, RICHARD SCHULTZ, TOM HAINES, HUSSEIN SINJARI, PAT COOLEDGE, JERONIMO TREJO, AND HELEN HUERECA v. STITES MANAGEMENT, L.L.C., GULF SHORE ERECTORS, LLC, DALE STITES, MICHAEL T. STITES, STEPHEN SCOTT STITES, MARK ANDREW STITES, LINDA DIANNE WOOLARD, AND 4-S MANUFACTURING TEXAS, LLC (SUCCESSOR TO THE CLAIMS OF EAST TEXAS PRECAST CO., LTD., AND GULF COAST PRECAST ERECTORS, LLC); from Harris County; 14th Court of Appeals District (14-22-00439-CV, 693 SW3d 582, 11-21-23)
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24-0263
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STEPHEN PATRICK BLACK v. DR. NICHOLAS EDD AND PENILE PLETHYSMORGRAPH CLINICAN II; from Guadalupe County; 4th Court of Appeals District (04-23-00923-CV, ___ SW3d ___, 01-24-24)
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24-0288
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RG ALTS, LP v. BEN MCMILLAN, ANDREW SWAN, DAVID BENJAMIN JACOBSON, IDX GLOBAL, LLC, AND IDX DIGITAL ASSETS, LLC; from Dallas County; 5th Court of Appeals District (05-23-00011-CV, ___ SW3d ___, 01-24-24)
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2 petitions
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24-0298
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CITY OF EULESS, SELF-INSURED v. MARTA DANYLYK, HELMUT HOFER, SOFIJA HOFER AND THE TEXAS SUBSEQUENT INJURY FUND; from Collin County; 5th Court of Appeals District (05-22-00898-CV, ___ SW3d ___, 12-12-23)
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24-0314
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STEPHEN S. L. EARLEY AND DOROTHY ANN EARLEY v. NATIONSTAR MORTGAGE, L.L.C. A/K/A MR. COOPER AND U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR BANC OF AMERICA FUNDING 2008-FT1 TRUST, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2008-FT1; from Cameron County; 13th Court of Appeals District (13-22-00246-CV, ___ SW3d ___, 03-21-24)
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24-0318
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GUADALUPE RODRIGUEZ v. ACADEMY, LTD. D/B/A ACADEMY SPORTS + OUTDOORS; from Travis County; 14th Court of Appeals District (14-23-00234-CV, 694 SW3d 780, 03-05-24)
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24-0393
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CITY OF HOUSTON AND HOUSTON AIRPORT SYSTEM v. CHRISTOPHER GRINER; from Harris County; 14th Court of Appeals District (14-24-00164-CV, ___ SW3d ___, 03-28-24)
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24-0416
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CYNTHIA S. FORNESA AND RICARDO FORNESA, JR. v. EFG COMPANIES; JOHN PAPPANASTOS; SCOTT KNAPP; from Fort Bend County; 14th Court of Appeals District (14-23-00579-CV, ___ SW3d ___, 02-08-24)
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24-0419
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SUNBELT RENTALS, INC. v. FRANCISCO HERRERA; from Harris County; 1st Court of Appeals District (01-22-00793-CV, ___ SW3d ___, 04-09-24)
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24-0445
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TERESA SHUMSKIE v. TRINA FINNELL; from Midland County; 11th Court of Appeals District (11-22-00130-CV, 688 SW3d 380, 04-25-24)
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24-0461
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MAURO E. GARZA AND EVERETT HOLDINGS, LLC v. JULIA PEREZ; from Bexar County; 7th Court of Appeals District (07-23-00271-CV, ___ SW3d ___, 04-23-24)
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24-0519
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PEDRO ECHARTEA v. JUAN D. FLORES AND MARTHA O. GONZALEZ; from Brazoria County; 14th Court of Appeals District (14-22-00920-CV, 691 SW3d 774, 06-04-24)
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24-0531
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MILLER MACHINE & WELDING, INC. v. THE STATE OF TEXAS; from Harris County; 14th Court of Appeals District (14-23-00201-CV, 694 SW3d 908, 05-07-24)
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24-0551
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C.H. AND A.C. v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Travis County; 3rd Court of Appeals District (03-24-00104-CV, ___ SW3d ___, 05-31-24)
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counsel's motion to withdraw granted
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24-0579
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KYLE AND DALA COWDEN v. MARKUS HENDERSON AND SCHAWANDA HENDERSON; from Denton County; 2nd Court of Appeals District (02-23-00382-CV, ___ SW3d ___, 06-06-24)
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24-0669
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IN RE THE COMMITMENT OF LENNON RAY GREEN; from Dallas County; 5th Court of Appeals District (05-23-00472-CV, ___ SW3d ___, 04-29-24)
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24-0726
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IN THE INTEREST OF N.I.L., JR., N.T.L., AND N.A.E.L., CHILDREN; from Bexar County; 4th Court of Appeals District (04-24-00058-CV, ___ SW3d ___, 07-17-24)
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24-0731
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IN THE INTEREST OF W.C. AND R.Z., CHILDREN; from Nueces County; 13th Court of Appeals District (13-24-00312-CV, ___ SW3d ___, 08-30-24)
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counsel's motion to withdraw granted
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24-0751
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IN THE INTEREST OF E.A.O.E. AKA E.O.E., G.E.O.E. AKA G.O.E., CHILDREN; from Harris County; 14th Court of Appeals District (14-24-00240-CV, ___ SW3d ___, 08-20-24)
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counsel's motion to withdraw granted
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24-0763
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J.M. v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Milam County; 3rd Court of Appeals District (03-24-00148-CV, ___ SW3d ___, 07-31-24)
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24-0769
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IN THE INTEREST OF M.E.G.-C., A CHILD; from Bexar County; 4th Court of Appeals District (04-24-00086-CV, ___ SW3d ___, 07-31-24)
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24-0773
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IN THE INTEREST OF J.C., M.C., AND K.J.C., CHILDREN; from Trinity County; 12th Court of Appeals District (12-24-00113-CV, ___ SW3d ___, 07-31-24)
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24-0774
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IN THE INTEREST OF A.I.R., A CHILD; from Bexar County; 4th Court of Appeals District (04-24-00130-CV, ___ SW3d ___, 08-07-24)
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24-0781
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IN THE INTEREST OF J.H. AND E.H., CHILDREN; from Tarrant County; 2nd Court of Appeals District (02-24-00191-CV, ___ SW3d ___, 08-22-24)
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counsel's motion to withdraw granted
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MISCELLANEOUS
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THE FOLLOWING PETITIONS FOR WRIT OF MANDAMUS ARE DENIED:
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23-0758
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IN RE GLENN ALLEN HEGAR, JR., TEXAS COMPTROLLER OF PUBLIC ACCOUNTS; from Travis County; 3rd Court of Appeals District (03-22-00101-CV, ___ SW3d ___, 08-25-23)
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(Justice Devine not participating)
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23-0944
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IN RE TRENT BROOKSHIRE; from Smith County; 12th Court of Appeals District (12-23-00236-CV, ___ SW3d ___, 11-08-23)
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as reinstated
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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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as reinstated
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24-0357
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IN RE PRIME INCOME ASSET MANAGEMENT, LLC, PRIME INCOME ASSET MANAGEMENT, INC., PILLAR INCOME ASSETT MANAGEMENT, INC., AND BRADFORD PHILLIPS; from Dallas County; 5th Court of Appeals District (05-24-00502-CV, ___ SW3d ___, 04-30-24)
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as supplemented
motion for emergency stay dismissed as moot
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(Justice Young not participating)
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24-0369
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IN RE KEVIN MICHAEL SHEA
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24-0511
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IN RE JUSTIN WILLIAMS AND REBEKAH WILLIAMS, A/N/F M.L.W.; from Tarrant County; 2nd Court of Appeals District (02-23-00155-CV, ___ SW3d ___, 12-14-23)
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24-0609
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IN RE KEVIN HROMAS; from Harris County; 1st Court of Appeals District (01-24-00150-CV, ___ SW3d ___, 07-16-24)
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24-0676
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IN RE DLA PIPER LLP (US), TEXAS EAR, NOSE & THROAT SPECIALISTS, PLLC, TEXAS ENT HOLDCO, LLC, AND J. CARY MOORHEAD, M.D.; from Harris County; 1st Court of Appeals District (01-24-00171-CV, ___ SW3d ___, 08-15-24)
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relators' emergency motion for stay denied
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24-0702
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IN RE DLA PIPER LLP (US); from Harris County; 1st Court of Appeals District (01-24-00202-CV, ___ SW3d ___, 08-15-24)
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24-0748
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IN RE LON SMITH & ASSOCIATES, INC. AND A-1 SYSTEMS, INC. D/B/A LON SMITH ROOFING AND CONSTRUCTION; from Tarrant County; 2nd Court of Appeals District (02-24-00366-CV, ___ SW3d ___, 09-04-24)
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relators' motion for temporary relief denied
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THE DECISION OF THE BOARD OF DISCIPLINARY APPEALS IN THE FOLLOWING APPEAL IS AFFIRMED:
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24-0367
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PEJMAN MAADANI v. COMMISSION FOR LAWYER DISCIPLINE (BODA Cause No. 68164)
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