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SEVERANCE v. PATTERSON

No. 09-0387.

370 S.W.3d 705 (2012)

Carol SEVERANCE, Petitioner, v. Jerry PATTERSON, Commissioner of the Texas General Land Office; Greg Abbott, Attorney General for the State of Texas; and Kurt Sistrunk, District Attorney for the County of Galveston, Texas, Respondents.

Supreme Court of Texas.

Decided March 30, 2012.

Reargued April 19, 2011.

Attorney(s) appearing for the Case

J. David Breemer , Martha Hardwick Hofmeister , Shackelford, Melton & McKinley, L.L.P., Dallas, for Petitioner.

Attorney General Greg W. Abbott , Attorney General of Texas, Kent C. Sullivan , Jeffrey L. Rose , Austin, Rafael Edward Cruz , Houston, Karen Watson Kornell , Daniel L. Geyser , Ken Cross , Gibson Dunn & Crutcher LLP, Dallas, Brian E. Berwick , Office of the Attorney General, Austin, Clarence Andrew Weber , Kelly Hart & Hallman LLP, David S. Morales , Office of the Attorney General, Austin, James C. Ho , Gibson Dunn & Crutcher LLP, Dallas, Daniel T. Hodge , First Assistant Attorney General, William J. "Bill" Cobb III , David C. Mattax , Director of Defense Litigation, Jonathan F. Mitchell , Solicitor General, Office of the Attorney General, Austin, Arthur Cleveland D'Andrea , Assistant Solicitor General, for Respondents.

Justice WAINWRIGHT delivered the opinion of the Court, in which Justice HECHT, Justice GREEN, Justice JOHNSON and Justice WILLETT joined.

After issuing an opinion in this certified question proceeding, we granted respondents' motion for rehearing and heard reargument of the case. Petitioner sold the real property at issue and we abated our proceeding to allow the certifying court, the United States Court of Appeals for the Fifth Circuit, to consider respondents' motion...

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