Case: 13-0750
13-0750
09/19/2013
Petition for Review/Cause under Tex. R. App. P. 59.1
VERNCO CONSTRUCTION, INC.
DAVID NELSON, INDIVIDUALLY AND D/B/A COLLECTIVE CONTRACTING, A SOLE PROPRIETORSHIP; AND E.E. HOOD & SONS, INC.
Appellate Briefs
| Date | Event Type | Description | Remarks | Document | ||||
|---|---|---|---|---|---|---|---|---|
| 11/24/2014 | Reply Brief | Petitioner | Petitioner's Reply Brief filed on behalf of Vernco Construction Company. | |||||
| 10/13/2014 | Amended Brief filed | Respondent | Amended Brief on the Merits filed on behalf of E.E. Hood & Sons, Inc. | |||||
| 10/09/2014 | Brief on the Merits | Respondent | Response Brief on the Merits filed on behalf of E.E. Hood & Sons, Inc. | |||||
| 10/06/2014 | Brief on the Merits | Respondent | Respondent's Brief on the Merits filed on behalf of David Nelson. | |||||
| 08/15/2014 | Brief on the Merits | Petitioner | Petitioner's Brief on the Merits filed on behalf of Vernco Construction, Inc. | |||||
| 04/25/2014 | Amended Brief filed | Petitioner | Amended Reply in Support of Petition for Review filed on behalf of Vernco Construction, Inc. | |||||
| 04/23/2014 | Reply to Response | Petitioner | Reply to Responses to Petition for Review. On behalf of Vernco Construction, Inc. | |||||
| 03/27/2014 | Amended Response to Petition for Review filed | Respondent | Amended Response to Petition for Review filed on behalf of E.E. Hood & Sons, Inc. | |||||
| 03/24/2014 | Response to Petition | Respondent | Response to Petition for Review filed on behalf of David Nelson. | |||||
| 03/24/2014 | Response to Petition | Respondent | Response to Petition for Review filed on behalf of E.E. Hood & Sons, Inc. | |||||
| 12/02/2013 | Petition for Review | Petitioner | Petition for Review filed on behalf of Vernco Construction, Inc. (HARD COPIES REC'D) |
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Case Events
| Date | Event Type | Disposition | Remarks | Document | ||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 08/11/2015 | Case Stored | G02 Row 14 H-1 | | |||||||
| 06/05/2015 | Record returned to Court of Appeals | Record Returned to the 8th Court of Appeals | | |||||||
| 06/05/2015 | Mandate issued | Mandate & Cost Bill Issued |
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| 04/24/2015 | Court approved judgment sent to attorneys of record | Issued | | |||||||
| 04/24/2015 | Opinion issued | Court of Appeals' judgment reversed; remanded to Court of Appeals | 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 (4/24/2015 1:39:57 PM) 13-0750 jmt.pdf, 130750.pdf |
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| 04/24/2015 | Petition for Review disposed | Petition granted pursuant to TRAP 59.1 | | | ||||||
| 04/24/2015 | Petition for Review granted under TRAP 59.1 | | | |||||||
| 11/24/2014 | Reply Brief | Petitioner's Reply Brief filed on behalf of Vernco Construction Company. | ||||||||
| 11/10/2014 | Motion for Extension of Time disposed. | Filing granted | Second Unopposed Motion for Extension of Time to file Reply Brief on the Merits is Granted. Further requests for extensions of time will be disfavored. Reply brief is due November 24, 2014. |
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| 11/10/2014 | Motion for Extension of Time to File Brief filed | Unopposed Second Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Vernco Construction, Inc. | ||||||||
| 10/17/2014 | Motion to Amend disposed | Filing granted | Respondent's Unopposed Motion for Leave to File Amended Brief on the Merits granted. |
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| 10/14/2014 | Motion for Extension of Time disposed. | Filing granted | Motion for Extension of Time is granted. Reply Brief is due November 14, 2014. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. |
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| 10/13/2014 | Amended Brief filed | Amended Brief on the Merits filed on behalf of E.E. Hood & Sons, Inc. | ||||||||
| 10/13/2014 | Motion to Amend Filed | Unopposed Motion for Leave to File Amended Brief on the Merits filed on behalf of E.E. Hood & Sons, Inc. | ||||||||
| 10/13/2014 | Motion for Extension of Time to File Brief filed | Unopposed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Vernco Construction, Inc. | ||||||||
| 10/09/2014 | Brief on the Merits | Response Brief on the Merits filed on behalf of E.E. Hood & Sons, Inc. | ||||||||
| 10/06/2014 | Brief on the Merits | Respondent's Brief on the Merits filed on behalf of David Nelson. | ||||||||
| 10/06/2014 | Motion for Extension of Time disposed. | Filing granted | Unopposed Second Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of E.E. Hood & Sons, Inc. has been granted.NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. E.E. Hood & Sons, Inc. Response brief due October 8, 2014. |
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| 10/06/2014 | Motion for Extension of Time to File Brief filed | Unopposed Second Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of E.E. Hood & Sons, Inc. | ||||||||
| 10/06/2014 | Call received | From Ms. Ruth Malinas, attorney for respondents, to inform the Court that they're going to be filing a m/e/t for an additional 2 days to file their brief on the merits that is due today. | | |||||||
| 08/27/2014 | Motion for Extension of Time disposed. | Filing granted | Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of David Nelson has been granted. Response brief due October 6, 2014. |
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| 08/26/2014 | Motion for Extension of Time to File Brief filed | Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of David Nelson. | ||||||||
| 08/26/2014 | Motion for Extension of Time disposed. | Filing granted | Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of E.E. Hood & Sons, Inc. has been granted. E.E. Hood & Sons, Inc. Response brief due October 6, 2014. |
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| 08/26/2014 | Motion for Extension of Time to File Brief filed | Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of E.E. Hood & Sons, Inc. | ||||||||
| 08/15/2014 | Brief on the Merits | Petitioner's Brief on the Merits filed on behalf of Vernco Construction, Inc. | ||||||||
| 07/08/2014 | Motion for Extension of Time disposed. | Filing granted | Second Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits is Granted. No further extensions of time will be considered. Petitioner's brief is due August 15, 2014; Respondent's brief is due September 4, 2014; and Reply brief is due September 19, 2014. |
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| 07/08/2014 | Notice from attorney regarding vacation dates | Respondent David Nelson's counsel, William H. Oliver, will be out of the office on vacation from October 15 - 27, 2014. | ||||||||
| 07/07/2014 | Motion for Extension of Time to File Brief filed | Second Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Vernco Construction, Inc. | ||||||||
| 06/02/2014 | Motion for Extension of Time disposed. | Filing granted | Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits is Granted. Further requests for extensions of time will be disfavored. Petitioner's brief is due July 16, 2014; Respondent's brief is due August 5, 2014; and Reply brief is due August 20, 2014. |
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| 06/02/2014 | Motion for Extension of Time to File Brief filed | Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Vernco Construction, Inc. | ||||||||
| 05/27/2014 | Case Record Filed | Clerk's record (7 V), supp clk's record (3 V), reporter's record( Vol. dated 4/11/12 w/attached exhibit) reporter's record (53 V- V1-26 & V 27 -53 labeled as Exhibits), ant (E.E. Hood & Sons, Inc., ant (David Nelson) br, amended br of ant (E.E. Hood & Sons, Inc.), ape's(Vernco Construction, Inc.) br, ant reply br (David Nelson), ant reply br (E.E. Hood & Sons, Inc.), amicus brief (Associated Gen. Contractors of Tx., Inc.), ape's (Vernco) mo/re w/order, misc. motions & corres., ant (E.E. Hood & Sons, Inc.) mo/review of tc Rule 24.2(d) order of alternatively, pet/writ of mand dated 3-13-12 & appendix, additonal facts & evidence brief of 3/11-12, opinion & judgment of 5-21-14 & opinion & judgment on rehearing | | |||||||
| 05/19/2014 | Record Requested in Petition for Review | Record requested from the 8th COA | | |||||||
| 05/16/2014 | Brief on the Merits Requested | Briefing on the merits requested: Petitioner's brief due no later than 6/16/14; Response brief due 7/7/14; Reply brief due 7/22/14. |
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| 04/28/2014 | Letter Filed | Letter filed on behalf of E.E. Hood & Sons, Inc. and David Nelson. | ||||||||
| 04/25/2014 | Amended Brief filed | Amended Reply in Support of Petition for Review filed on behalf of Vernco Construction, Inc. | ||||||||
| 04/23/2014 | Reply to Response | Reply to Responses to Petition for Review. On behalf of Vernco Construction, Inc. | ||||||||
| 04/04/2014 | MET to file reply disposed of | Filing granted | Unopposed Motion for Extension of Time to file Reply to Response to Petition for Review is Granted. Further requests for extensions of time will be disfavored. Reply is due April 23, 2014. |
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| 04/04/2014 | Motion to Extend Time to File Reply filed | Unopposed Motion for Extension of Time to file Reply to Response to Petition for Review filed on behalf of Vernco Construction, Inc. | ||||||||
| 03/27/2014 | Amended Response to Petition for Review filed | Amended Response to Petition for Review filed on behalf of E.E. Hood & Sons, Inc. | ||||||||
| 03/27/2014 | Miscellaneous motion disposed. See Remarks. | Filing granted | Unopposed Motion to file Amended Response to Petition for Review filed on behalf of E.E. Hood & Sons, Inc. is granted. |
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| 03/27/2014 | Miscellaneous Motion | Unopposed Motion to file Amended Response to Petition for Review filed on behalf of E.E. Hood & Sons, Inc. | ||||||||
| 03/24/2014 | Response to Petition | Response to Petition for Review filed on behalf of David Nelson. | ||||||||
| 03/24/2014 | Response to Petition | Response to Petition for Review filed on behalf of E.E. Hood & Sons, Inc. | ||||||||
| 03/19/2014 | Motion for Extension of Time to File Response disposed | Filing granted | Motion for Extension of Time of of E.E. Hood & Sons, Inc. is granted. Response is due March 24, 2014. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. |
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| 03/18/2014 | Motion for Extension of Time to File Response | Unopposed Motion for Extension of Time to file response on behalf of E.E. Hood & Sons, Inc. | ||||||||
| 03/18/2014 | Motion for Extension of Time to File Response disposed | Filing granted | Second unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of David Nelson, et al. has been granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Reponse to petition due March 24, 2014. |
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| 03/18/2014 | Motion for Extension of Time to File Response | Second unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of David Nelson, et al. | ||||||||
| 02/12/2014 | Motion for Extension of Time to File Response disposed | Filing granted | Unopposed Motion for Extension of Time to file Response to Petition for Review is Granted. Further requests for extensions of time will be disfavored. Response is due March 20, 2014. |
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| 02/12/2014 | Motion for Extension of Time to File Response | Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of David Nelson, et al. | ||||||||
| 02/06/2014 | Motion for Extension of Time disposed. | Filing granted | Response due 03/20/14. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. |
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| 02/05/2014 | Motion for Extension of Time to File Response | Unopposed Motion for Extension of Time to File Response to Petition for Review filed on behalf of E.E. Hood & Sons, Inc. | ||||||||
| 01/17/2014 | Supreme Court of Texas Requested Response | Requested response to petition for review due no later than 2/18/14. |
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| 12/20/2013 | Letter Filed | Letter filed on behalf of E.E. Hood & Sons, Inc. | ||||||||
| 12/20/2013 | Response Waiver filed | Waiver of Response filed on behalf of E.E. Hood & Sons, Inc. | ||||||||
| 12/17/2013 | Case forwarded to Court | | | |||||||
| 12/10/2013 | Response Waiver filed | Response waiver filed on behalf of David Nelson | ||||||||
| 12/02/2013 | Petition for Review | Petition for Review filed on behalf of Vernco Construction, Inc. (HARD COPIES REC'D) |
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| 10/25/2013 | Second Motion for Extension of Time to File Petition for Review disposed | Filing granted | Motion for Extension of Time is granted. Petition is due December 2, 2013. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. |
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| 10/25/2013 | Second Motion for Extension of Time to File Petition for Review filed | Unopposed Second Motion for Extension of Time to file Petition for Review filed on behalf of Vernco Constr. |
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| 09/19/2013 | Motion for Extension of Time to File Petition for Review disposed | Filing granted | Unopposed Motion to Extend Time to file Petition for Review is Granted. Petition for Review is due October 30, 2013. |
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| 09/19/2013 | Motion for Extension of Time to File Petition for Review filed | Unopposed Motion to Extend Time to File Petition for Review filed on behalf of Vernco Construction, Inc. |
Calendars
| Set Date | Calendar Type | Reason Set | Remarks |
|---|---|---|---|
| 08/11/2015 | Case Stored | Case stored. | G02 Row 14 H-1 |
Parties
| Party | PartyType | Representative |
|---|---|---|
| Vernco Construction, Inc. | Petitioner | Ms. Sara Murray Mr. Peter L. Kilpatrick Ms. Rachel Anne Ekery Ms. Dana Livingston Mr. David Montgomery Evans Mr. Wallace B. Jefferson |
| E.E. Hood & Sons, Inc. | Respondent | Ms. Ruth G. Malinas Mr. Jerry T. Steed Mr. Darrell F. Smith |
| Nelson, David | Respondent | Mr. William H. Oliver Mr. Eric A. Scott Ms. Kortney M. Kloppe-Orton |
Court of Appeals Information:
08-10-00222-CV
Vacate & Dismiss
406 SW3d 374, 07-10-13
8th Court of Appeals
Honorable Guadalupe Rivera
Trial Court Information
45th District Court
Bexar
Honorable Barbara H. Nellermoe
2006-CI-18807