Supreme Court of Texas Blog

No. 05-0870
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The Court requested full merits briefing on April 3, 2006. The Court issued an opinion resolving the case on June 8, 2007. File Closed


June 8, 2007


Justice Johnson delivered the opinion of the Court, joined by Chief Justice Jefferson, Justice O'Neill, Justice Wainwright, and Justice Medina PDF


Justice Brister delivered an opinion concurring in part and dissenting in part, joined by Justice Hecht and Justice Willett PDF


Court of Appeals

Appellate District:4th Court of Appeals
Outcome Below:Affirmed
COA Docket No.:04-04-00312-CV
Opinion Author:Honorable Catherine Stone

Trial Court

Trial Court:229th District Court
Trial Judge:Honorable Alex W. Gabert
Trial Docket:DC-02-24

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2007-08-08 Case remanded and record returned to the Court of Appeals.  
2007-08-08 Case Stored  
2007-08-07 Mandate issued  
  This case was waiting for a possible rehearing motion between June 8, 2007 and August 7, 2007.  
2007-06-08 Petition for Review granted under TRAP 59.1
2007-06-08 Opinion issued Court of Appeals' judgment reversed; remanded to Court of Appeals
2007-06-08 Concurring and Dissenting Opinion delivered Issued
2007-06-08 Petition for Review disposed Petition granted pursuant to TRAP 59.1
2007-06-08 Court approved judgment sent to attorneys of record Issued
  This case was pending on merits briefs between June 21, 2006 and June 8, 2007.  
2006-06-21 Electronic copies of brief posted to website  
2006-06-16 Reply Brief (Petitioner)  
2006-06-01 Brief on the Merits (Respondent)  
2006-06-01 Electronic copies of brief posted to website  
2006-05-16 Electronic copies of brief posted to website  
2006-05-16 Electronic copies of brief posted to website  
2006-05-16 Electronic copies of brief posted to website  
2006-05-15 Brief on the Merits (Petitioner)  
2006-04-20 Motion for Extension of Time disposed.   Filing granted
2006-04-19 Motion for Extension of Time to File Brief filed  
2006-04-18 Electronic copies of brief posted to website  
2006-04-14 Case Record Filed  
2006-04-04 Record Requested in Petition for Review
2006-04-03 Brief on the Merits Requested  
  This case was waiting for a decision about briefing or a possible grant between January 19, 2006 and April 3, 2006.  
2006-01-19 Reply to Response (Petitioner)  
2006-01-04 Response to Petition (Respondent)  
2005-12-05 Supreme Court of Texas Requested Response  
2005-11-01 Case forwarded to Court
2005-10-25 Response Waiver filed  
2005-10-14 Petition for Review (Petitioner)  
2005-10-14 Appendix Filed (Petitioner)  


Party Counsel Role
Bennett, Robert
Mr. Frank Weathered
Mr. James T. Clancy
Quigley, T. Michael
Ms. Isabel Trevino
Mr. Craig T. Enoch
Ms. Kathryn F. Green
Ms. Audrey Mullert Vicknair
Mr. Lance K. Bruun
Ms. Melissa Prentice Lorber