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VERNCO CONSTRUCTION, INC. v. DAVID NELSON, INDIVIDUALLY AND D/B/A COLLECTIVE CONTRACTING, A SOLE PROPRIETORSHIP; AND E.E. HOOD & SONS, INC.

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
11/24/2014Reply BriefPetitionerPetitioner's Reply Brief filed on behalf of Vernco Construction Company.
10/13/2014Amended Brief filedRespondentAmended Brief on the Merits filed on behalf of E.E. Hood & Sons, Inc.
10/09/2014Brief on the MeritsRespondentResponse Brief on the Merits filed on behalf of E.E. Hood & Sons, Inc.
10/06/2014Brief on the MeritsRespondentRespondent's Brief on the Merits filed on behalf of David Nelson.
08/15/2014Brief on the MeritsPetitionerPetitioner's Brief on the Merits filed on behalf of Vernco Construction, Inc.
04/25/2014Amended Brief filedPetitionerAmended Reply in Support of Petition for Review filed on behalf of Vernco Construction, Inc.
04/23/2014Reply to ResponsePetitionerReply to Responses to Petition for Review. On behalf of Vernco Construction, Inc.
03/27/2014Amended Response to Petition for Review filedRespondentAmended Response to Petition for Review filed on behalf of E.E. Hood & Sons, Inc.
03/24/2014Response to PetitionRespondentResponse to Petition for Review filed on behalf of David Nelson.
03/24/2014Response to PetitionRespondentResponse to Petition for Review filed on behalf of E.E. Hood & Sons, Inc.
12/02/2013Petition for ReviewPetitionerPetition for Review filed on behalf of Vernco Construction, Inc. (HARD COPIES REC'D)
Case Events
Date Event Type Disposition Remarks Document
08/11/2015Case StoredG02 Row 14 H-1
06/05/2015Record returned to Court of AppealsRecord Returned to the 8th Court of Appeals
06/05/2015Mandate issuedMandate & Cost Bill Issued
04/24/2015Court approved judgment sent to attorneys of recordIssued
04/24/2015Opinion issuedCourt of Appeals' judgment reversed; remanded to Court of AppealsPursuant 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
04/24/2015Petition for Review disposedPetition granted pursuant to TRAP 59.1
04/24/2015Petition for Review granted under TRAP 59.1
11/24/2014Reply BriefPetitioner's Reply Brief filed on behalf of Vernco Construction Company.
11/10/2014Motion for Extension of Time disposed.Filing grantedSecond 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.
11/10/2014Motion for Extension of Time to File Brief filedUnopposed Second Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Vernco Construction, Inc.
10/17/2014Motion to Amend disposedFiling grantedRespondent's Unopposed Motion for Leave to File Amended Brief on the Merits granted.
10/14/2014Motion for Extension of Time disposed.Filing grantedMotion 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.
10/13/2014Amended Brief filedAmended Brief on the Merits filed on behalf of E.E. Hood & Sons, Inc.
10/13/2014Motion to Amend FiledUnopposed Motion for Leave to File Amended Brief on the Merits filed on behalf of E.E. Hood & Sons, Inc.
10/13/2014Motion for Extension of Time to File Brief filedUnopposed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Vernco Construction, Inc.
10/09/2014Brief on the MeritsResponse Brief on the Merits filed on behalf of E.E. Hood & Sons, Inc.
10/06/2014Brief on the MeritsRespondent's Brief on the Merits filed on behalf of David Nelson.
10/06/2014Motion for Extension of Time disposed.Filing grantedUnopposed 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.
10/06/2014Motion for Extension of Time to File Brief filedUnopposed Second Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of E.E. Hood & Sons, Inc.
10/06/2014Call receivedFrom 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.
08/27/2014Motion for Extension of Time disposed.Filing grantedUnopposed 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.
08/26/2014Motion for Extension of Time to File Brief filedUnopposed Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of David Nelson.
08/26/2014Motion for Extension of Time disposed.Filing grantedUnopposed 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.
08/26/2014Motion for Extension of Time to File Brief filedUnopposed Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of E.E. Hood & Sons, Inc.
08/15/2014Brief on the MeritsPetitioner's Brief on the Merits filed on behalf of Vernco Construction, Inc.
07/08/2014Motion for Extension of Time disposed.Filing grantedSecond 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.
07/08/2014Notice from attorney regarding vacation datesRespondent David Nelson's counsel, William H. Oliver, will be out of the office on vacation from October 15 - 27, 2014.
07/07/2014Motion for Extension of Time to File Brief filedSecond Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Vernco Construction, Inc.
06/02/2014Motion for Extension of Time disposed.Filing grantedUnopposed 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.
06/02/2014Motion for Extension of Time to File Brief filedUnopposed Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Vernco Construction, Inc.
05/27/2014Case 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
05/19/2014Record Requested in Petition for ReviewRecord requested from the 8th COA
05/16/2014Brief on the Merits RequestedBriefing 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.
04/28/2014Letter FiledLetter filed on behalf of E.E. Hood & Sons, Inc. and David Nelson.
04/25/2014Amended Brief filedAmended Reply in Support of Petition for Review filed on behalf of Vernco Construction, Inc.
04/23/2014Reply to ResponseReply to Responses to Petition for Review. On behalf of Vernco Construction, Inc.
04/04/2014MET to file reply disposed ofFiling grantedUnopposed 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.
04/04/2014Motion to Extend Time to File Reply filedUnopposed Motion for Extension of Time to file Reply to Response to Petition for Review filed on behalf of Vernco Construction, Inc.
03/27/2014Amended Response to Petition for Review filedAmended Response to Petition for Review filed on behalf of E.E. Hood & Sons, Inc.
03/27/2014Miscellaneous motion disposed. See Remarks.Filing grantedUnopposed Motion to file Amended Response to Petition for Review filed on behalf of E.E. Hood & Sons, Inc. is granted.
03/27/2014Miscellaneous MotionUnopposed Motion to file Amended Response to Petition for Review filed on behalf of E.E. Hood & Sons, Inc.
03/24/2014Response to PetitionResponse to Petition for Review filed on behalf of David Nelson.
03/24/2014Response to PetitionResponse to Petition for Review filed on behalf of E.E. Hood & Sons, Inc.
03/19/2014Motion for Extension of Time to File Response disposedFiling grantedMotion 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.
03/18/2014Motion for Extension of Time to File ResponseUnopposed Motion for Extension of Time to file response on behalf of E.E. Hood & Sons, Inc.
03/18/2014Motion for Extension of Time to File Response disposedFiling grantedSecond 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.
03/18/2014Motion for Extension of Time to File ResponseSecond unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of David Nelson, et al.
02/12/2014Motion for Extension of Time to File Response disposedFiling grantedUnopposed 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.
02/12/2014Motion for Extension of Time to File ResponseUnopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of David Nelson, et al.
02/06/2014Motion for Extension of Time disposed.Filing grantedResponse due 03/20/14. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED.
02/05/2014Motion for Extension of Time to File ResponseUnopposed Motion for Extension of Time to File Response to Petition for Review filed on behalf of E.E. Hood & Sons, Inc.
01/17/2014Supreme Court of Texas Requested ResponseRequested response to petition for review due no later than 2/18/14.
12/20/2013Letter FiledLetter filed on behalf of E.E. Hood & Sons, Inc.
12/20/2013Response Waiver filedWaiver of Response filed on behalf of E.E. Hood & Sons, Inc.
12/17/2013Case forwarded to Court
12/10/2013Response Waiver filedResponse waiver filed on behalf of David Nelson
12/02/2013Petition for ReviewPetition for Review filed on behalf of Vernco Construction, Inc. (HARD COPIES REC'D)
10/25/2013Second Motion for Extension of Time to File Petition for Review disposedFiling grantedMotion for Extension of Time is granted. Petition is due December 2, 2013. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
10/25/2013Second Motion for Extension of Time to File Petition for Review filedUnopposed Second Motion for Extension of Time to file Petition for Review filed on behalf of Vernco Constr.
09/19/2013Motion for Extension of Time to File Petition for Review disposedFiling grantedUnopposed Motion to Extend Time to file Petition for Review is Granted. Petition for Review is due October 30, 2013.
09/19/2013Motion for Extension of Time to File Petition for Review filedUnopposed Motion to Extend Time to File Petition for Review filed on behalf of Vernco Construction, Inc.
Calendars
Set DateCalendar TypeReason SetRemarks
08/11/2015Case StoredCase stored.G02 Row 14 H-1
Parties
PartyPartyTypeRepresentative
Vernco Construction, Inc.PetitionerMs. 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.RespondentMs. Ruth G. Malinas
Mr. Jerry T. Steed  
Mr. Darrell F. Smith  
Nelson, DavidRespondentMr. 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