February 1, 2008

Order List of 2-1-2008: Frank’s Casing

from SCOTXblog

The Court has issued opinions:

Justice O'Neill delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Medina, Justice Johnson, and Justice Willett joined. PDF

Justice Hecht delivered a dissenting opinion, in which Justice Green joined. PDF

Justice Wainwright delivered a dissenting opinion. PDF

Justice Owen delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice Medina, and Justice Green joined, and in which Justice O'Neill joined as to Part I and Part II, C and D, and Justice Wainwright joined as to Part II, C PDF

Justice Hecht delivered a concurring opinion PDF

Justice O'Neill delivered a concurring opinion PDF

Justice Wainwright delivered a concurring opinion PDF

Court of Appeals

Appellate District:	14
Outcome Below:	Affirmed
COA Docket No.:	14-01-00349-CV
Opinion Author:	THE HONORABLE SCOTT BRISTER

Trial Court

Trial Court:	189th District Court
County:	Harris
Trial Judge:	Honorable Jeff K. Work

Date	Event	Outcome
2008-03-26	Case Stored
2008-03-18	Mandate issued
2008-02-12	Description of document returned to Supreme Court
2008-02-01	Opinion issued	Court of appeals' judgment affirmed
2008-02-01	Court approved judgment sent to attorneys of record	Issued
2008-02-01	Dissenting opinion issued.	Issued
2008-02-01	Dissenting opinion issued.	Issued
	This case was awaiting the Court's decision after oral argument between January 31, 2007 and February 1, 2008.
2007-01-31	Amicus Curiae Letter Received
2007-01-10	Amicus Curiae Brief received
	This case was awaiting the Court's decision after oral argument between April 24, 2006 and January 10, 2007.
2006-04-24	Post submission brief filed (Amicus Curiae)
2006-04-14	Corrected Brief
2006-04-12	Amicus Curiae Brief received
2006-04-12	Electronic copies of brief posted to website
2006-04-05	Response to Amicus Curiae Brief filed (Respondent)
2006-04-05	Post submission brief filed (Respondent)
2006-03-17	Call received
2006-03-16	Call received
2006-02-22	Electronic copies of brief posted to website
2006-02-22	Electronic copies of brief posted to website
2006-02-15	Oral argument
2006-02-10	Electronic copies of brief posted to website
2006-02-07	Amicus Curiae Brief received
2006-02-06	Electronic copies of brief posted to website
2006-02-06	Supplemental appendix (Respondent)
2006-02-06	Amicus Curiae Brief received
2006-02-01	Miscellaneous motion disposed. See Remarks.	Denied
2006-01-23	Miscellaneous Motion
2006-01-17	Electronic copies of brief posted to website
2006-01-13	Electronic copies of brief posted to website
2006-01-13	Electronic copies of brief posted to website
2006-01-12	Corrected Notice sent to all counsel
2006-01-11	Electronic copies of brief posted to website
2006-01-11	Electronic copies of brief posted to website
2006-01-11	Electronic copies of brief posted to website
2006-01-10	Call made to request electronic copies of briefs
2006-01-09	Phone call from Clerk's Office
2006-01-06	Case set for oral argument	Case set for oral argument
2006-01-06	Motion for Rehearing Granted
2006-01-06	Motion for Rehearing - Disposed	Petition for Review granted, judge not sitting
2005-12-19	Reply to Response (Respondent)
2005-12-16	Call received
2005-12-13	Amicus Curiae Letter Received
2005-12-13	Call received
2005-11-30	Response to Motion for Rehearing (Petitioner)
2005-11-23	Motion for Extension of Time disposed.	Filing granted
2005-11-22	Motion for Extension of Time to File Response
2005-11-08	Supreme Court of Texas Requested Response
2005-10-14	Electronic copies of brief posted to website
2005-10-06	Amicus Curiae Brief received
2005-09-19	Amicus Curiae Brief received
2005-09-06	Amicus Curiae Letter Received
2005-09-06	Adoption by another party of brief already filed
2005-09-02	Amicus Curiae Brief received
2005-08-24	Amicus Curiae Letter Received
2005-08-22	Letter Received
2005-08-08	Electronic copies of brief posted to website
2005-08-05	Amicus Curiae Brief received
2005-07-20	Motion for Rehearing forwarded
2005-07-20	Motion for Rehearing
2005-07-12	Motion for Extension of Time to File Motion for Rehearing disposed	Filing granted
2005-07-08	Motion for Extension of Time to File Motion for Rehearing
2005-06-08	Motion for Extension of Time to File Motion for Rehearing disposed	Filing granted
2005-06-08	Motion for Extension of Time to File Motion for Rehearing
2005-05-27	Opinion issued	judgments below reversed/remanded tc f/settlement
2005-05-27	Concurring Opinion issued.	Issued
2005-05-27	Concurring Opinion issued.	Issued
2005-05-27	Concurring Opinion issued.	Issued
2005-05-27	Court approved judgment sent to attorneys of record	Issued
	This case was awaiting the Court's decision after oral argument between January 21, 2005 and May 27, 2005.
2005-01-21	Address Change
	This case was awaiting the Court's decision after oral argument between September 24, 2003 and January 21, 2005.
2003-09-24	Oral argument
2003-09-02	Amicus Curiae Brief received
2003-07-24	Amount of time allotted for oral argument.
2003-07-24	Set for Submission
2003-07-24	Created for Data Conversion -- an event inserted to correspond to the submission date of a process
	This case was waiting for a possible rehearing motion between April 14, 2003 and July 24, 2003.
2003-04-14	Electronic copies of brief posted to website
2003-04-11	Electronic copies of brief posted to website
2003-04-11	Electronic copies of brief posted to website
2003-04-11	Electronic copies of brief posted to website
2003-04-03	Petition for Review disposed	Filing granted
2003-04-03	Petition for Review disposed	Filing granted
	This case was pending on merits briefs between January 7, 2003 and April 3, 2003.
2003-01-07	Reply Brief (Petitioner)
2002-12-23	Brief on the Merits (Respondent)
2002-12-23	Motion to withdraw disposed of	Filing granted
2002-12-18	Motion to Withdraw Filed
2002-12-02	Amicus Curiae Brief received
2002-12-02	Brief on the Merits (Petitioner)
2002-11-07	Record Received (See Remarks)
2002-10-30	Record Requested in Petition for Review
2002-10-30	Brief on the Merits Requested
2002-10-30	Record Requested in Petition for Review
2002-09-30	Reply to Response (Petitioner)
2002-09-17	Case forwarded to Court
2002-09-12	Response to Petition (Respondent)
2002-08-13	Petition for Review (Petitioner)
2002-08-13	Appendix Filed (Petitioner)

Party	Counsel	Role
FRANK'S CASING CREW & RENTAL	Mr. Carl D. Kulhanek Jr. Ms. Tracy C. Temple Honorable Greg Abbott Mr. Christopher W. Martin Mr. William Fred Hagans Mr. Warren W. Harris	Respondent
EXCESS UNDERWRITERS AT LLOYD'S	Mr. J. James Cooper Mr. J. Clifton Hall III Ms. Karen Klaas Milhollin Ms. Natalie Jerae Carlson	Petitioner

Amicus Curiae	Counsel
Brad Fish, Inc.	Mr. Patrick J. Wielinski
United Policyholders	Mr. G. Andrew Veazey
Burlington Resources Inc.	Mr. Patrick J. Wielinski
Pilco, Inc.	Mr. Kent R. Hance Mr. E. Lee Parsley
Motiva Enterprises LLC	Mr. Patrick J. Wielinski
Texas Association of Defense Counsel (TADC)	Mr. L. Hayes Fuller III Mr. James R. Old Jr.
Complex Insurance Claims Litigation Association	Mr. Christopher Benjamin Dove
American Insurance Association	Mr. Fred C. Bosse
Property Casualty Insurers Association of America	Mr. E. Thomas Bishop
Simpson, Fred A.	Mr. Fred A. Simpson
Valero Energy Corporation	Mr. David Taubenfeld
Texas Civil Justice League	Mr. Kent R. Hance
COMPLEX INSURANCE CLAIMS LITIG	Ms. S. Shawn Stephens
Shell Oil Company	Mr. Patrick J. Wielinski Mr. Trevor Boyd Hall