THE JOHN G. AND MARIE STELLA KENEDY MEMORIAL FOUNDATION AND CORPUS CHRISTI DIOCESE OF THE ROMAN CATHOLIC CHURCH v. DAVID DEWHURST, COMMISSIONER OF THE GENERAL LAND OFFICE, AND THE STATE OF TEXAS - Texas Supreme Court Record

Case: 99-0667

Case:

99-0667

Date Filed:

07/12/1999

Case Type:

Second Petition for Review/Cause under Rule 53.1

Style:

THE JOHN G. AND MARIE STELLA KENEDY MEMORIAL FOUNDATION AND CORPUS CHRISTI DIOCESE OF THE ROMAN CATHOLIC CHURCH

v.:

DAVID DEWHURST, COMMISSIONER OF THE GENERAL LAND OFFICE, AND THE STATE OF TEXAS

Appellate Briefs

Date	Event Type	Description	Remarks
11/27/2002	Response to Petition	Petitioner	Letter responding to the ltr filed by Jerry Patterson, Commissioner-Elect of t the Texas General Land Office
11/25/2002	Amicus Curiae Letter Received	Received (instead of filed)	On behalf of Commissioner-Elect of the Texas General Land Office, by Jerry Patterson, 906 Maripos Drive, Austin, Tx. 78704
11/05/2002	Reply to Response	Respondent	State's reply to Foundation's response to state's response to foundation's first reply to mo/re of David DewhurstSequence #: 02
10/22/2002	Response to Motion for Rehearing	Petitioner	John G. and Marie Stella Kennedy Memorial Foundation's 2nd response to the state's motion for rehearingSequence #: 01
10/15/2002	Reply to Response	Respondent	State's response to foundation's response to motion for rehearing of David Dewhurst, Commissioner of the General Land Office and the State of TexasSequence #: 02
10/03/2002	Response to Motion for Rehearing	Petitioner	John G. and Marie Stella Kenedy Memorial Foundation's response to the state's mo/reSequence #: 01
09/13/2002	Motion for Rehearing	Respondent's Motion for Rehearing of Cause filed	On behalf of David Dewhurst, Commissioner of the General Land Office and the State of TexasSequence #: 02
04/30/2002	Amicus Curiae Brief received	Received (instead of filed)	On behalf of Dunn-McCampbell Royalty Interests, Inc., by Dick Watt, Watt, Beck worth & Thompson LLP, 1010 Lamar, #1600, Houston TX 77002 713-650-8100
07/31/2001	Response to Petition	Petitioner	John G. and Marie Stella Kenedy Memorial response to 7-12-01 letter brief by t he State of Texas and the Commissioner of the General Land OfficeSequence #: 01
07/12/2001	Letter brief	Respondent	On the behalf of David Dewhurst in reply to the letter brief of the Kenedy Mem orial FoundationSequence #: 02
06/27/2001	Response to Petition	Petitioner	response to the June 11, 2001 letter brief of State of Texas and Commissioner of the General Land Office; on behalf of Stella Kenedy Memorial FoundationSequence #: 01
06/11/2001	Letter brief	Respondent	David Dewhurst letter in reply to the post-submission brief of the Kenedy Memo rial FoundationSequence #: 02
05/16/2001	Post submission brief filed	Petitioner	John G. & Marie Stella Kenedy post-reargument briefSequence #: 01
05/03/2001	Post submission brief filed	Petitioner	Petitioner John G. & Marie Stella Foundations' post-sub letterSequence #: 01
04/11/2001	Exhibits in case/cause filed	Respondent	selected exhibits for respondent's oral argument (9); information already on file, no fee for exhibits
04/11/2001	Exhibits in case/cause filed	Petitioner	The Kenedy Foundation's oral argument handout (12)Sequence #: 01
04/09/2001	Reply to Response	Respondent	reply to mo/re and amicus on behalf of David Dewhurst, Commissioner of the General Land Office and The State of TexasSequence #: 02
02/26/2001	Amicus Curiae Brief received	Received (instead of filed)	Brief of Dunn-McCampbell Royalty Interests, Inc.; Attny. Dick Watt 1010 Lamar Suite 1600 Houston, TX 77002 713.650.8100
02/20/2001	Reply to Response	Petitioner	The John G. and Marie Stella Kenedy Memorial Foundation's reply regarding moreSequence #: 01
01/19/2001	Amicus Curiae Brief received	Received (instead of filed)	King Ranch, Inc.; Attny. Michael V. Powell 2200 Ross Avenue, Suite 2200 Dallas, TX 75201-6776 214.740.8520
01/05/2001	Motion for Rehearing	Petitioner's motion for rehearing of cause filed	On behalf of John G. and Marie Stella Kenedy Memorial FoundationSequence #: 01
01/05/2001	Motion for Rehearing	Petitioner's motion for rehearing of cause filed	On behalf of Most Reverend Edmond Carmody, D.D., et al.Sequence #: 02
03/28/2000	Letter brief	Respondent	letter answering Justice Hankinson's question regarding the term "margin" on behalf of respondents'
03/22/2000	Exhibits in case/cause filed	Respondent	On behalf of David Dewhurst; orig. & 11 briefs
01/05/2000	Amicus Curiae Brief received	Received (instead of filed)	On behalf of King Ranch, Inc.; by Michael V. Powell @ 2200 Ross Ave., Ste. 2200, Dallas, TX 75201-6776; (214) 740-8520.
12/22/1999	Reply to Response	Petitioner	reply brief of petitioner Robert Gonzales, O.F.M., Apostolic Administrator of the diocese of Corpus Christi, a corporate sole, and his successors in officeSequence #: 02
12/21/1999	Reply Brief	Petitioner	John G. & Marie Stella Kennedy Memorial FoundationSequence #: 01
11/29/1999	Appendix Filed	Respondent	"Appendix II to Second Reply Brief on the Merits of Respondents David Dewhurts , Et Al.
11/29/1999	Appendix Filed	Respondent	"Appendix to First Reply Brief on the Merits of Respondents David Dewhurts, Et Al."Sequence #: 02
11/29/1999	Brief on the Merits	Respondent	David Dewhurst, Et Als' first response brief on the merits to petition #1.Sequence #: 02
11/29/1999	Brief on the Merits	Respondent	David Dewhurst, Et Als' second response brief on the merits to petition #2.Sequence #: 02
10/26/1999	Brief on the Merits	Petitioner	"Brief of Petitioner Most Reverend Roberto O. Gonzalez, OFM, Apostolic Adm. of the Diocese of Corpus Christi, a Corporate Sole, and His Successors in Office"Sequence #: 02
10/25/1999	Brief on the Merits	Petitioner	brief on the merits of petitioner The John G. and Marie Stella Kenedy Memoria FoundationSequence #: 01
08/16/1999	Response to Petition	Respondent	David Dewhurst, Comm., and State of Texas' response to petition for review #1.
08/16/1999	Response to Petition	Respondent	David Dewhurst, Comm., and State of Texas' response to petition for review #2.
07/14/1999	Appendix Filed	Petitioner	appendix attached to petitionSequence #: 02
07/14/1999	Petition for Review	Petitioner	On behalf of Reverend Roberto O. Gonzalez, O.F.M., Apostolic Administrator of The Diocese Of Corpus Christi, A Corporate Sole, and his successors in officeSequence #: 02
07/12/1999	Petition for Review	Petitioner	ON BEHALF OF THE JOHN G. & MARIE STELLA KENEDY MEMORIAL FOUNDATION, ET AL.Sequence #: 01

Case Events

Date

Event Type

Disposition

Remarks

Document

01/07/2003

Case Stored

G02/EX-Q-2 & EX-R-2

01/02/2003

Created for Data Conversion -- an event inserted to correspond to the mandate date of a process

CONVERSION EVENT: auto-inserted to match archive mandate date.

01/02/2003

Created for Data Conversion -- an event inserted to correspond to the mandate date of a process

CONVERSION EVENT: auto-inserted to match archive mandate date.

01/02/2003

Mandate issued

Mandate issued.

12/31/2002

Motion for Rehearing - Disposed

Denied with Justice not sitting.

Justice Schneider and Justice Smith not sitting. On behalf of David Dewhurst.Sequence #: 02

11/27/2002

Response to Petition

Letter responding to the ltr filed by Jerry Patterson, Commissioner-Elect of t the Texas General Land Office

11/25/2002

Amicus Curiae Letter Received

On behalf of Commissioner-Elect of the Texas General Land Office, by Jerry Patterson, 906 Maripos Drive, Austin, Tx. 78704

11/12/2002

Response Waiver filed

The John G. and Marie Stella Kenedy Memorial Foundation, does not intend to respond to the brief submitted by David Dewhurst and State of Texas filed 11/5Sequence #: 01

11/05/2002

Reply to Response

State's reply to Foundation's response to state's response to foundation's first reply to mo/re of David DewhurstSequence #: 02

10/22/2002

Response to Motion for Rehearing

John G. and Marie Stella Kennedy Memorial Foundation's 2nd response to the state's motion for rehearingSequence #: 01

10/15/2002

Reply to Response

State's response to foundation's response to motion for rehearing of David Dewhurst, Commissioner of the General Land Office and the State of TexasSequence #: 02

10/03/2002

Response to Motion for Rehearing

John G. and Marie Stella Kenedy Memorial Foundation's response to the state's mo/reSequence #: 01

09/13/2002

Motion for Rehearing

On behalf of David Dewhurst, Commissioner of the General Land Office and the State of TexasSequence #: 02

09/13/2002

Motion for Rehearing forwarded

Record remains in clerk's officeSequence #: 02

08/29/2002

Substitute Opinion

Court of Appeals' judgment reversed; remanded to Court of Appeals

CONVERSION EVENT: auto-inserted to match archive disposition info.

08/29/2002

Court approved judgment sent to attorneys of record

Judgment issued

08/29/2002

Judgment Withdrawn

The Court's judgment of 12/21/00 is withdrawn and today's judgment substituted

08/29/2002

Previous opinion withdrawn

The Court's 12/21/00 opinion is withdrawn and the opinion issued today is substituted.

08/29/2002

Substitute Opinion

Court of Appeals' judgment reversed; remanded to Court of Appeals

substituted opinion; the Court reverses the CA judgment and remands to the TC. Opin by NLH+TRP,PRO,HON,WBJ,XR. Dissent by CTE+JAB,DGH. 2 petitions.

08/29/2002

Substitute Opinion

Court of Appeals' judgment reversed; remanded to Court of Appeals

substituted opinion; the Court reverses the CA judgment and remands to the TC. Opin by NLH+TRP,PRO,HON,WBJ,XR. Dissent by CTE+JAB,DGH. 2 petitions.

07/03/2002

Call received

Mr. Marc Knisly, will be sending the electronic record today

07/03/2002

Case Record Filed

Electronic record (15 diskettes)

07/03/2002

Phone call from Clerk's Office

Left message's with attorneys, requesting electronic record

05/07/2002

Letter Filed

Letter submitted in response to the Brief of Amicus Curiae Dunn-McCampbell Royalty Interest, Inc.

04/30/2002

Amicus Curiae Brief received

On behalf of Dunn-McCampbell Royalty Interests, Inc., by Dick Watt, Watt, Beck worth & Thompson LLP, 1010 Lamar, #1600, Houston TX 77002 713-650-8100

04/22/2002

Notice from Counsel of a change in address

for Mr. Ratliff

08/22/2001

Letter sent to parties from Supreme Court - See Remarks

to parties advising that Justice Hankinson is no longer recuses herself from the case.

07/31/2001

Response to Petition

John G. and Marie Stella Kenedy Memorial response to 7-12-01 letter brief by t he State of Texas and the Commissioner of the General Land OfficeSequence #: 01

07/12/2001

Letter brief

On the behalf of David Dewhurst in reply to the letter brief of the Kenedy Mem orial FoundationSequence #: 02

06/27/2001

Response to Petition

response to the June 11, 2001 letter brief of State of Texas and Commissioner of the General Land Office; on behalf of Stella Kenedy Memorial FoundationSequence #: 01

06/11/2001

Letter brief

David Dewhurst letter in reply to the post-submission brief of the Kenedy Memo rial FoundationSequence #: 02

05/16/2001

Post submission brief filed

John G. & Marie Stella Kenedy post-reargument briefSequence #: 01

05/03/2001

Post submission brief filed

Petitioner John G. & Marie Stella Foundations' post-sub letterSequence #: 01

04/11/2001

Exhibits in case/cause filed

selected exhibits for respondent's oral argument (9); information already on file, no fee for exhibits

04/11/2001

Exhibits in case/cause filed

The Kenedy Foundation's oral argument handout (12)Sequence #: 01

04/11/2001

Oral argument

argued for petitioner: Shannon H. Ratliff argued for respondent: John J. McKetta, III

[ MP3/22.94 MB ]
[ MP3/40.25 MB ]
[ PDF/86 KB ]

04/09/2001

Reply to Response

reply to mo/re and amicus on behalf of David Dewhurst, Commissioner of the General Land Office and The State of TexasSequence #: 02

03/01/2001

Motion for Rehearing Granted

03/01/2001

Motion for Rehearing Granted

03/01/2001

Motion for Rehearing - Disposed

Filing granted

CONVERSION EVENT: auto-inserted to match archive disposition info.

03/01/2001

Motion for Rehearing - Disposed

Filing granted

CONVERSION EVENT: auto-inserted to match archive disposition info.

03/01/2001

Created for Data Conversion -- an event inserted to correspond to the beginning of a process

CONVERSION EVENT: auto-inserted to match archive begin date.

03/01/2001

Created for Data Conversion -- an event inserted to correspond to the beginning of a process

CONVERSION EVENT: auto-inserted to match archive begin date.

03/01/2001

Amount of time allotted for oral argument.

30 minutes per side.

03/01/2001

Motion for Rehearing - Disposed

Filing granted

Of Most Rev. Edmond Carmody, D.D., et al. Justice Hankinson not sitting.Sequence #: 02

03/01/2001

Motion for Rehearing - Disposed

Filing granted

Mo/re of The John G. & Maria Stella Kenedy Memorial Foundation Justice Hankinson not sitting.Sequence #: 01

03/01/2001

Set for Submission

To be argued Wed., April 11, 2001.

02/26/2001

Amicus Curiae Brief received

Brief of Dunn-McCampbell Royalty Interests, Inc.; Attny. Dick Watt 1010 Lamar Suite 1600 Houston, TX 77002 713.650.8100

02/20/2001

Reply to Response

The John G. and Marie Stella Kenedy Memorial Foundation's reply regarding moreSequence #: 01

01/31/2001

Response to Motion filed

response of David Dewhurst, Commissioner of the General Land Office, and The State of Texas to petitioners' motion for rehearingSequence #: 02

01/19/2001

Amicus Curiae Brief received

King Ranch, Inc.; Attny. Michael V. Powell 2200 Ross Avenue, Suite 2200 Dallas, TX 75201-6776 214.740.8520

01/05/2001

Conditional motion for rehearing

No description available.

CONVERSION EVENT: auto-inserted to match archive begin date.

01/05/2001

Motion for Rehearing

On behalf of John G. and Marie Stella Kenedy Memorial FoundationSequence #: 01

01/05/2001

Motion for Rehearing

On behalf of Most Reverend Edmond Carmody, D.D., et al.Sequence #: 02

01/05/2001

Motion for Rehearing forwarded

Record remains in clerk's officeSequence #: 01

01/05/2001

Motion for Rehearing forwarded

Record remains in clerk's officeSequence #: 02

12/21/2000

Opinion issued

Court of appeals' judgment affirmed

CONVERSION EVENT: auto-inserted to match archive disposition info.

12/21/2000

Court approved judgment sent to attorneys of record

judgment issued.

12/21/2000

Opinion issued

Court of appeals' judgment affirmed

the Court affirms the CA judgment. Opinion of the Court by Justice Gonzales.

03/28/2000

Letter brief

letter answering Justice Hankinson's question regarding the term "margin" on behalf of respondents'

03/22/2000

Created for Data Conversion -- an event inserted to correspond to the submission date of a process

CONVERSION EVENT: auto-inserted to match archive submission info.

03/22/2000

Created for Data Conversion -- an event inserted to correspond to the submission date of a process

CONVERSION EVENT: auto-inserted to match archive submission info.

03/22/2000

Created for Data Conversion -- an event inserted to correspond to the submitted date of a process

CONVERSION EVENT: auto-inserted to match archive submitted date.

03/22/2000

Created for Data Conversion -- an event inserted to correspond to the submitted date of a process

CONVERSION EVENT: auto-inserted to match archive submitted date.

03/22/2000

Exhibits in case/cause filed

On behalf of David Dewhurst; orig. & 11 briefs

03/22/2000

Oral argument

pet: Shannon H. Ratliff, rsp: John McKetta, III

01/13/2000

Petition for Review granted

01/13/2000

Petition for Review disposed

Filing granted

CONVERSION EVENT: auto-inserted to match archive disposition info.

01/13/2000

Petition for Review disposed

Filing granted

CONVERSION EVENT: auto-inserted to match archive disposition info.

01/13/2000

Created for Data Conversion -- an event inserted to correspond to the submission date of a process

CONVERSION EVENT: auto-inserted to match archive submission info.

01/13/2000

Created for Data Conversion -- an event inserted to correspond to the submission date of a process

CONVERSION EVENT: auto-inserted to match archive submission info.

01/13/2000

Petition for Review disposed

Filing granted

CONVERSION EVENT: auto-inserted to match archive begin date.

01/13/2000

Amount of time allotted for oral argument.

20 minutes per side

01/13/2000

Petition for Review disposed

Filing granted

Sequence #: 01

01/13/2000

Set for Submission

to be argued March 22, 2000 at 9:00am at St. Mary's University in San Antonio.

01/05/2000

Amicus Curiae Brief received

On behalf of King Ranch, Inc.; by Michael V. Powell @ 2200 Ross Ave., Ste. 2200, Dallas, TX 75201-6776; (214) 740-8520.

12/22/1999

Reply to Response

reply brief of petitioner Robert Gonzales, O.F.M., Apostolic Administrator of the diocese of Corpus Christi, a corporate sole, and his successors in officeSequence #: 02

12/21/1999

Reply Brief

John G. & Marie Stella Kennedy Memorial FoundationSequence #: 01

12/06/1999

Motion for Extension of Time disposed.

Filing granted

pets', John G. & Marie Stella Kenedy Memorial Foundation, et al., m/e/t to file reply is granted; reply is due 12-21-1999

12/02/1999

Motion for Extension of Time to File Brief filed

unopposed m/e/t to file petitioners' reply brief on behalf of John G. & Marie Kenedy Memorial Foundation, et al.

11/29/1999

Appendix Filed

"Appendix II to Second Reply Brief on the Merits of Respondents David Dewhurts , Et Al.

11/29/1999

Appendix Filed

"Appendix to First Reply Brief on the Merits of Respondents David Dewhurts, Et Al."Sequence #: 02

11/29/1999

Brief on the Merits

David Dewhurst, Et Als' first response brief on the merits to petition #1.Sequence #: 02

11/29/1999

Brief on the Merits

David Dewhurst, Et Als' second response brief on the merits to petition #2.Sequence #: 02

11/10/1999

Motion for Extension of Time disposed.

Filing granted

respondents' m/e/t to file brief on the merits is granted; respondents' brief is due 11-29-99; petitioners' reply is due 12-14-99

11/04/1999

Motion for Extension of Time to File Brief filed

Respondents' m/e/t to file brief on the merits

10/26/1999

Brief on the Merits

"Brief of Petitioner Most Reverend Roberto O. Gonzalez, OFM, Apostolic Adm. of the Diocese of Corpus Christi, a Corporate Sole, and His Successors in Office"Sequence #: 02

10/25/1999

Brief on the Merits

brief on the merits of petitioner The John G. and Marie Stella Kenedy Memoria FoundationSequence #: 01

09/28/1999

Record Received (See Remarks)

inventory in remark's section

09/23/1999

Brief on the Merits Requested

petitioner's brief is due 10-25-99; respondent's brief is due 11-15-99; reply brief is due 11-30-99

09/23/1999

Record Requested in Petition for Review

Spoke to Mark, 3rd COA.

08/26/1999

Petitioner's reply brief

Reply of Petitioner The John G. and Marie Stella Kenedy Memorial Fountdation.Sequence #: 01

08/17/1999

Case forwarded to Court

08/16/1999

Response to Petition

David Dewhurst, Comm., and State of Texas' response to petition for review #1.

08/16/1999

Response to Petition

David Dewhurst, Comm., and State of Texas' response to petition for review #2.

07/14/1999

Appendix Filed

appendix attached to petitionSequence #: 02

07/14/1999

Petition for Review

On behalf of Reverend Roberto O. Gonzalez, O.F.M., Apostolic Administrator of The Diocese Of Corpus Christi, A Corporate Sole, and his successors in officeSequence #: 02

07/12/1999

Appendix to any instrument

ATTACHED TO PETITIONSequence #: 01

07/12/1999

Petition for Review

ON BEHALF OF THE JOHN G. & MARIE STELLA KENEDY MEMORIAL FOUNDATION, ET AL.Sequence #: 01

Calendars

Set Date	Calendar Type	Reason Set	Remarks
01/07/2003	Case Stored	Case stored.	G02/EX-Q-2 & EX-R-2

Parties

Party	PartyType	Representative
COMMISSIONER-ELECT OF THE GENE	Amicus Curiae	Jerry Patterson
EXXON CORPORATION	Intervenor	Mr. J. Scott Carothers
DEWHURST, COMMISSIONER, DAVID	Respondent	Mr. Boyce C. Cabaniss Ms. Kathryn E. Allen Mr. John J. 'Mike' McKetta III Mr. Ben F. Vaughan III
BRIGTH & COMPANY	Intervenor	Mr. F. Franklin Honea
DUNN-MCCAMPBELL ROYALTY INTERE	Amicus Curiae	Mr. Dick Watt
ROMAN CATHOLIC CHURCH	Petitioner	Mr. Gary E. Ramirez Ms. Roberta S. Dohse
JOHN G. & MARIA S. KENEDY MEMO	Petitioner	Mr. Shannon H. Ratliff Mr. Richard L. Leshin Mr. Thomas J. Forestier Mr. Marc O. Knisely Mr. Mike A. Hatchell
STATE OF TEXAS	Respondent	Mr. John B. McFarland Justice John Cornyn
EXXON COMPANY, U.S.A.	Intervenor	Ms. Gerri M. Fore
GONZALEZ, REV. ROBERTO O.	Petitioner	Honorable Paul W. Nye

Court of Appeals Information:

COA Case

03-96-00517-CV

Disposition

Affirmed [duplicate 3]

Opinion Cite

90 SW2d 268, 08-29-02

COA District

3rd Court of Appeals

COA Justice

Honorable MARILYN ABOUSSIE

Trial Court Information

Court

200th District Court

County

Travis

Court Judge

Court Case

93-05265

Reporter

Punishment