Case: 04-0641
04-0641
07/19/2004
Petition for Review/Cause under Rule 53.1
NICK DIGIUSEPPE D/B/A SOUTHBROOK DEVELOPMENT CO. AND FRISCO MASTER PLAN
ROGER LAWLER
Appellate Briefs
| Date | Event Type | Description | Remarks | Document |
|---|---|---|---|---|
| 10/11/2020 | Brief from database | Refer to file-stamped date on the document for the actual file date. | ||
| 10/10/2020 | Brief from database | Refer to file-stamped date on the document for the actual file date. | ||
| 10/09/2020 | Brief from database | Refer to file-stamped date on the document for the actual file date. | ||
| 10/08/2020 | Brief from database | Refer to file-stamped date on the document for the actual file date. | ||
| 10/07/2020 | Brief from database | Refer to file-stamped date on the document for the actual file date. | ||
| 11/05/2008 | Amicus Curiae Brief received | Received (instead of filed) | Amicus Brief (12) filed on behalf of North Texas Commercial Assoc. of Realtors in support of PET's MO/RE. Submitted by Douglas Laycock, Bar no. 12065300, University of Micheigan Law School, 625 S. State St., Ann Arbor, MI 48109. Tel. (734)647-9713 | |
| 11/03/2008 | Motion for Rehearing | Petitioner's motion for rehearing of cause filed | Pet's mo/re. On behalf of Nick Digiuseppe, et el. (12) | |
| 06/16/2006 | Reply to Response | Petitioner | Petitioners' reply to respondent's post-argument brief filed on behalf of Nick Digiuseppe, et al. | |
| 04/26/2006 | Post submission brief filed | Respondent | Respondent roger Lawler's response to pet. Nick Digiuseppe's post-argument brief and respondent Roger Lawler's post- argument brief. | |
| 12/12/2005 | Post submission brief filed | Petitioner | Post submission filed on behalf of Nick | |
| 10/20/2005 | Exhibits in case/cause filed | Respondent | Exhibits filed on behalf of Roger Lawler | |
| 10/17/2005 | Amicus Curiae Brief received | Received (instead of filed) | On behalf of North Texas Commerical Association of Relators. Filed by Douglas Laycock 272 E. Dean Keeton St. Austin TX 78705. Phone 512-232-1341. No fax on brief. | |
| 05/26/2005 | Reply to Response | Petitioner | Reply to response to pet's mo/re. On behalf of Nick Diguiseppe, et al. | |
| 05/11/2005 | Response to Motion for Rehearing | Respondent | On behalf of Rober Lawler. Response to mo/re. | |
| 03/25/2005 | Motion for Rehearing | Rehearing filed in Petition for Review | On behalf Nick Digiuseppe, et al. | |
| 02/08/2005 | Reply Brief | Petitioner | Petitioners' reply brief. On behalf of Nick Digiuseppe, et al. | |
| 01/24/2005 | Brief on the Merits | Respondent | On behalf of Roger Lawler. Respondent's brief on the merits. | |
| 12/03/2004 | Brief on the Merits | Petitioner | Petitioners' Brief on the Merits, filed on behalf of Nick Digiuseppe d/b/a Southbrook Development Co. and Frisco Master Plan. | |
| 08/23/2004 | Response to Petition | Respondent | on behalf of Roger Lawler, response to pet. for review | |
| 07/19/2004 | Appendix Filed | Petitioner | appendix attached to petition for review | |
| 07/19/2004 | Petition for Review | Petitioner | on behalf of Nick Digiuseppe d/b/a Southbrook Development Co. and Frisco Master Plan |
Case Events
| Date | Event Type | Disposition | Remarks | Document |
|---|---|---|---|---|
| 10/11/2020 | Brief from database | Refer to file-stamped date on the document for the actual file date. | ||
| 10/10/2020 | Brief from database | Refer to file-stamped date on the document for the actual file date. | ||
| 10/09/2020 | Brief from database | Refer to file-stamped date on the document for the actual file date. | ||
| 10/08/2020 | Brief from database | Refer to file-stamped date on the document for the actual file date. | ||
| 10/07/2020 | Brief from database | Refer to file-stamped date on the document for the actual file date. | ||
| 12/14/2009 | Phone call from Clerk's Office | Left Msg w/ Ms. Pendery in regards to the letter that she filed today. I informed her that TRAP states that our Court must preserve the record and will not return it to the COA when a case is aff or rev and remanded to TC. I also let her know that she can send someone to our office to make a copy of the record if needed and that motions of this nature are typically denied. | | |
| 12/14/2009 | Letter Filed | Letter requesting the Court to transmits the Case "Record" back to the 5th COA. On behalf of Roger Lawler. (1) | | |
| 03/10/2009 | Case Stored | G02 Row 30 D-5 (4 vols) | | |
| 12/19/2008 | Mandate issued | Mandate & Cost Bill Issued | ||
| 12/19/2008 | Motion for Rehearing - Disposed | Denied with Justice not sitting. | | |
| 11/05/2008 | Amicus Curiae Brief received | Amicus Brief (12) filed on behalf of North Texas Commercial Assoc. of Realtors in support of PET's MO/RE. Submitted by Douglas Laycock, Bar no. 12065300, University of Micheigan Law School, 625 S. State St., Ann Arbor, MI 48109. Tel. (734)647-9713 | | |
| 11/03/2008 | Case forwarded to Court | | | |
| 11/03/2008 | Motion for Rehearing | Pet's mo/re. On behalf of Nick Digiuseppe, et el. (12) | | |
| 10/17/2008 | Court approved judgment sent to attorneys of record | Issued | | |
| 10/17/2008 | Dissenting opinion issued. | Issued | | |
| 10/17/2008 | Opinion issued | Court of Appeals' judgment affirm and reverse in part; remand to court of appeals | | |
| 06/19/2008 | Justice appointed to sit on special case | Letters advises Court that pursuant to Texas Gov't Code 22.005, Gov. Rick Perry appointed Justice G. Alan Waldrop to serve in the place of Justice David medina who recused himself under TRAP 16.2. | ||
| 06/18/2008 | Statement regarding recusal | Letter dated June 10, 2008 addressed to Governor Perry stating that Justice Medina has recused himself under TRAP 16.2; Chief Justice Jefferson requests, pursuant to section 22.005 of the Tx Gov't Code that an active appellate court justices or active district court judge participate in the deliberation and decision of this case. | ||
| 05/09/2008 | Address Change | Change of address on behalf of resp's lead counsel, Ms. Julia F. Pendery. Updated in CSM. | | |
| 06/16/2006 | Reply to Response | Petitioners' reply to respondent's post-argument brief filed on behalf of Nick Digiuseppe, et al. | | |
| 06/14/2006 | Response to Motion filed | Respondent Roger Lawler's response to pet Nick Digiuseppe's motion to strike respondent's post-argument brief. | | |
| 06/09/2006 | Motion to strike disposed | Denied | Pet's motion to strike resp's post-argument brief is denied. Motion for leave to file response granted, ordering DiGiuseppe to submit response not to exceed four pages by 6/16/06. | |
| 05/30/2006 | Phone call from Clerk's Office | S/W Leslie (Judge Enoch assistant) regarding the $10 filing fee for motion to strike. Per Leslie, they will hand deliver the fee today. | | |
| 05/30/2006 | Motion to Strike filed | Pets' motion to strike respondent's post-argument brief or, in the alternative, motion for leave a response. On behalf of Nick Diguiseppe, et al. | | |
| 04/26/2006 | Post submission brief filed | Respondent roger Lawler's response to pet. Nick Digiuseppe's post-argument brief and respondent Roger Lawler's post- argument brief. | | |
| 12/12/2005 | Post submission brief filed | Post submission filed on behalf of Nick | | |
| 10/20/2005 | Oral argument | Argued on behalf of petitioners by Craig T. Enoch; argued on behalf of respondent by Julia F. Pendery. | ||
| 10/20/2005 | Exhibits in case/cause filed | Exhibits filed on behalf of Roger Lawler | | |
| 10/17/2005 | Amicus Curiae Brief received | On behalf of North Texas Commerical Association of Relators. Filed by Douglas Laycock 272 E. Dean Keeton St. Austin TX 78705. Phone 512-232-1341. No fax on brief. | | |
| 10/07/2005 | Phone call from Clerk's Office | left message for counsel, Julia Pendery requested submission form via fax, ok! | | |
| 09/22/2005 | Address Change | Change of address for respondent's attorney Julia Pendery. updated in CM. | | |
| 09/08/2005 | Electronic copies of brief posted to website | #04064108 Petitioners' Reply for Motion for Rehearing 5/26/05 | ||
| 09/08/2005 | Electronic copies of brief posted to website | #04064107 Petitioners' Motion for Rehearing 3/25/05 | ||
| 09/08/2005 | Electronic copies of brief posted to website | #04064106 Petitioners' Reply Brief on the Merits 2/8/05 | ||
| 09/08/2005 | Electronic copies of brief posted to website | #04064105 Petitioners' Brief on the Merits 12/3/04 | ||
| 09/08/2005 | Electronic copies of brief posted to website | #04064104 Petition for Review 7/19/04 | ||
| 09/06/2005 | Electronic copies of brief posted to website | #04064103 Response to Motion for Rehearing 5/11/05 | ||
| 09/06/2005 | Electronic copies of brief posted to website | #04064102 Respondent's Brief on the Merits 1/24/05 | ||
| 09/06/2005 | Electronic copies of brief posted to website | #04064101 Response to Petition for Review 8/23/04 | ||
| 06/17/2005 | Petition for Review granted | set to be argued on October 20, 2005 | | |
| 06/17/2005 | Case set for oral argument | Case set for oral argument | set to be argued on October 20, 2005 | |
| 06/17/2005 | Previous Order of the Court withdrawn | Withdrawn | 6/17/05 - The Court withdraws its order of March 11, 2005 denying the petition for review, and grants the petition. | |
| 06/17/2005 | Petition for Review disposed | Filing granted | Oral argument set for October 20, 2005 march 11, 2005, order denying the petition for review withdrawn petition for review granted | |
| 06/17/2005 | Motion for Rehearing - Disposed | Filing granted | march 11, 2005, order denying the petition for review withdrawn petition for review granted | |
| 05/26/2005 | Reply to Response | Reply to response to pet's mo/re. On behalf of Nick Diguiseppe, et al. | ||
| 05/11/2005 | Response to Motion for Rehearing | On behalf of Rober Lawler. Response to mo/re. | ||
| 04/26/2005 | Supreme Court of Texas Requested Response | Response requested to motion for rehearing due n/l/t 3:00 p.m. on May 11, 2005; mlbx rule d/n/a. | ||
| 03/29/2005 | Case forwarded to Court | | | |
| 03/25/2005 | Motion for Rehearing | On behalf Nick Digiuseppe, et al. | ||
| 03/11/2005 | Petition for Review disposed | Withdrawn | 6/17/05 - The Court withdraws its order of March 11, 2005 denying the petition for review, and grants the petition | |
| 02/08/2005 | Reply Brief | Petitioners' reply brief. On behalf of Nick Digiuseppe, et al. | ||
| 01/24/2005 | Brief on the Merits | On behalf of Roger Lawler. Respondent's brief on the merits. | ||
| 12/23/2004 | Motion for Extension of Time disposed. | Filing granted | Rsp Roger Lawler's unopposed m/e/t to file response to pet's brief on the merits is granted. Rsp br due n/l/t 3:00 p.m. on 1/24/05; Reply br due 2/8/05; mlbx rule d/n/a. | |
| 12/22/2004 | Motion for Extension of Time to File Brief filed | Unopposed motion for extension of time to file response brief on the merits. | | |
| 12/09/2004 | Record Received (See Remarks) | Inventory in remarks | | |
| 12/03/2004 | Brief on the Merits | Petitioners' Brief on the Merits, filed on behalf of Nick Digiuseppe d/b/a Southbrook Development Co. and Frisco Master Plan. | ||
| 11/03/2004 | Motion for Extension of Time disposed. | Filing granted | Pet m/e/t to file brief on the merits granted. Pet br due 12/3/04; Resp br due 12/23/04; Reply br due 1/7/05; due n/l/t 3:00 p.m.; mblx rule d/n/a. | |
| 11/02/2004 | Motion for Extension of Time to File Brief filed | On behalf of Nick DiGiuseppe and Frisco Master Plan. Petitioner's m/e/t to file brief on the merits. | | |
| 10/26/2004 | Record Requested in Petition for Review | Emailed Cathy Henderson @ 5th COA - cced Clerk | | |
| 10/19/2004 | Brief on the Merits Requested | Pet br is due 11-18-04, resp br is due 12-08-04, reply br is due 12-23-04, all brief are due n/l/t 3:00 p.m., mlbx rule d/n/a | ||
| 08/24/2004 | Case forwarded to Court | | | |
| 08/23/2004 | Response to Petition | on behalf of Roger Lawler, response to pet. for review | ||
| 07/19/2004 | Appendix Filed | appendix attached to petition for review | ||
| 07/19/2004 | Petition for Review | on behalf of Nick Digiuseppe d/b/a Southbrook Development Co. and Frisco Master Plan |
Calendars
| Set Date | Calendar Type | Reason Set | Remarks |
|---|---|---|---|
| 03/10/2009 | Case Stored | Case stored. | G02 Row 30 D-5 (4 vols) |
Parties
| Party | PartyType | Representative |
|---|---|---|
| Frisco Master Plan | Petitioner | Mr. Craig T. Enoch |
| Lawler, Roger | Respondent | Ms. Julia F. Pendery Mr. David W. Shuford Ms. Hilaree A. Casada Mrs. Daon M. Ward |
| North Texas Commerical Association of Realtors | Amicus Curiae | Mr. Douglas Laycock |
| Digiuseppe, Nick | Petitioner | Mr. James R. Krause Ms. Melissa A. Lorber Mr. Lawrence J. Friedman Mr. Jeffrey Thomas Hall Mr. Craig T. Enoch |
Court of Appeals Information:
05-03-00468-CV
AFFIRM'D/REV'D/REMD'D
___ SW3d ___, 06-03-04
5th Court of Appeals
Honorable Thomas L. James
Trial Court Information
219th District Court
Collin
Honorable Curt B. Henderson
219-00595-00