Case: 13-0605
13-0605
08/05/2013
Petition for Review/Cause under Rule 53.1
BROWN & GAY ENGINEERING, INC.
ZULEIMA OLIVARES, INDIVIDUALLY AND AS THE REPRESENTATIVE OF THE ESTATE OF PEDRO OLIVARES, JR., & PEDRO OLIVARES
Appellate Briefs
| Date | Event Type | Description | Remarks | Document | ||||
|---|---|---|---|---|---|---|---|---|
| 12/12/2014 | Post submission brief filed | Petitioner | Petitioner's Post Submission Brief in Response to Respondent's Post Submission Brief filed on behalf of Brown & Gay Eng'g Inc. | |||||
| 10/20/2014 | Post submission brief filed | Respondent | Post-Submission brief filed on behalf of Zuleima Olivares, et al. | |||||
| 03/28/2014 | Reply Brief | Petitioner | Reply Brief on the Merits filed on behalf of Brown & Gay Engineering, Inc. | |||||
| 03/19/2014 | Amicus Curiae Brief received | Received (instead of filed) | Brief of Amicus Curiae filed on behalf of American Council of Engineering Companies of Texas. | |||||
| 03/04/2014 | Brief on the Merits | Respondent | Respondents' Brief on the Merits filed on behalf of Zuleima Olivares, et al. | |||||
| 02/12/2014 | Brief on the Merits | Petitioner | Petitioner's Brief on the Merits filed on behalf of Brown & Gay Engineering, Inc. | |||||
| 11/21/2013 | Reply to Response | Petitioner | Reply in support of Petition for Review. On behalf of Brown & Gay Engineering Inc. (Hard Copies Received) | |||||
| 11/12/2013 | Response to Petition | Respondent | Response to Petition for Review filed on behalf of Zuleima Olivares, et al. (Hard Copies Received) | |||||
| 08/05/2013 | Petition for Review | Petitioner | Petition for Review filed on behalf of Brown & Gay Engineering, 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 | | |||||||
| 06/04/2015 | 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 | Concurring Opinion issued. | Issued | Chief Justice Hecht delivered an opinion concurring in the judgment, in which Justice Willett and Justice Guzman joined. | |||||||
| 04/24/2015 | Opinion issued | Court of Appeals' judgment affirmed | The Court affirms the court of appeals' judgment. Justice Lehrmann delivered the opinion of the Court, in which Justice Green, Justice Johnson, Justice Boyd, and Justice Devine joined. (Justice Brown not sitting) (4/24/2015 1:31:42 PM) 130605c.pdf, 130605.pdf, 13-0605.jmt.pdf |
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| 12/12/2014 | Post submission brief filed | Petitioner's Post Submission Brief in Response to Respondent's Post Submission Brief filed on behalf of Brown & Gay Eng'g Inc. | ||||||||
| 10/20/2014 | Post submission brief filed | Post-Submission brief filed on behalf of Zuleima Olivares, et al. | ||||||||
| 10/15/2014 | Oral argument | Argued on behalf of petitioner by Sean Higgins; argued on behalf of respondents by Peter M. Kelly (Justice Brown not sitting) | ||||||||
| 09/24/2014 | Oral Argument Submission Form from Attorney received | Oral Argument Submission Form filed on behalf of Brown & Gay Engineering, Inc. Submitted by Sean Higgins of Wilson, Elser, Moskowitz, Edelman & Dicker, LLP of Houston, Texas. | ||||||||
| 09/24/2014 | Oral Argument Submission Form from Attorney received | Oral argument submission form on behalf of respondents, Zuleima Olivares, Indvid., submitted by Mr.Peter M. Kelly, Kelly, Durham & Pittard, L.L.P. | ||||||||
| 09/02/2014 | Notice of Appearance | Notice of Appearance of Peter M. Kelly as lead counsel for Respondent Zuleima Olivares, Individually and as The Representative of Estate of Pedro Olivares, Jr. & Pedro Olivares. | ||||||||
| 06/13/2014 | Case set for oral argument | Case set for oral argument | [Note: This cause has been set for oral argument at 9:00 a.m., October 15, 2014.](Justice Brown not sitting) |
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| 04/25/2014 | Petition for Review disposed | Filing granted | [Note: The date and time for oral argument are yet to be determined.] |
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| 04/25/2014 | Petition for Review granted | | | |||||||
| 03/28/2014 | Reply Brief | Reply Brief on the Merits filed on behalf of Brown & Gay Engineering, Inc. | ||||||||
| 03/19/2014 | Amicus Curiae Brief received | Brief of Amicus Curiae filed on behalf of American Council of Engineering Companies of Texas. | ||||||||
| 03/17/2014 | Motion for Extension of Time disposed. | Filing granted | Unopposed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Brown & Gay Engineering, Inc. has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply brief due March 28, 2014. |
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| 03/17/2014 | 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 Brown & Gay Engineering, Inc. | ||||||||
| 03/04/2014 | Brief on the Merits | Respondents' Brief on the Merits filed on behalf of Zuleima Olivares, et al. | ||||||||
| 02/12/2014 | Brief on the Merits | Petitioner's Brief on the Merits filed on behalf of Brown & Gay Engineering, Inc. | ||||||||
| 01/08/2014 | 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 February 12, 2014; Respondent's brief is due March 4, 2014; and Reply brief is due March 19, 2014. |
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| 01/08/2014 | 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 Brown & Gay Engineering, Inc. | ||||||||
| 12/17/2013 | Case Record Filed | Electronic Appellate Record received. | | |||||||
| 12/16/2013 | Record Requested in Petition for Review | Record requested from the 14th COA | | |||||||
| 12/13/2013 | Brief on the Merits Requested | Brief on the merits requested: Petitioner's brief due no later than 1/13/14; Response brief due 2/3/14; Reply brief due 2/18/14. |
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| 11/21/2013 | Reply to Response | Reply in support of Petition for Review. On behalf of Brown & Gay Engineering Inc. (Hard Copies Received) | ||||||||
| 11/12/2013 | Response to Petition | Response to Petition for Review filed on behalf of Zuleima Olivares, et al. (Hard Copies Received) | ||||||||
| 10/11/2013 | Supreme Court of Texas Requested Response | Response Request to Petition for Review due on November 11, 2013. |
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| 09/10/2013 | Case forwarded to Court | | | |||||||
| 08/05/2013 | Petition for Review | Petition for Review filed on behalf of Brown & Gay Engineering, Inc. (HARD COPIES REC'D) |
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Calendars
| Set Date | Calendar Type | Reason Set | Remarks |
|---|---|---|---|
| 08/11/2015 | Case Stored | Case stored. | G02 Row 14 H-1 |
Parties
| Party | PartyType | Representative |
|---|---|---|
| Brown & Gay Engineering, Inc. | Petitioner | Mr. Sean Higgins |
| Mike Stone Enterprises, Inc. | Other interested party | Mr. Murray J. Fogler |
| American Council of Engineering Companies of Texas | Amicus Curiae | Mr. William R Allensworth Mr. Will W. Allensworth |
| Olivares, Zuleima | Respondent | Mr. Ricardo Molina The Honorable Peter Michael Kelly |
Court of Appeals Information:
14-12-00198-CV
Reverse & Remand
401 SW3d 363, 04-25-13
14th Court of Appeals
Honorable Tracy K. Christopher
Trial Court Information
334th District Court
Harris
Honorable Kenneth Price Wise
2008-19417