No. 05-0882
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Oral argument was held on March 20, 2007. The Court issued an opinion resolving the case on May 2, 2008. It then denied rehearing on August 29, 2008 File Closed
Tracking 5 articles about this case.
March 2, 2010
from Tex Parte
March 2, 2010
from Dallas Morning News
March 1, 2010
from Fort Worth Star-Telegram
April 30, 2009
from SCOTXblog
The article also mentions:
Justice Brister delivered the opinion of the Court, in which Justice Hecht, Justice O'Neill, Justice Wainwright, and Justice Medina joined, and in which Chief Justice Jefferson, Justice Green, Justice Johnson, and Justice Willett joined as to parts I-V. PDF
Justice Willett delivered an opinion concurring in part and dissenting in part. PDF
Justice Johnson, joined by Chief Justice Jefferson and Justice Green, concurring in part and dissenting in part. PDF
Justice O'Neill delivered a concurring opinion. PDF
| Appellate District: | 2nd Court of Appeals |
| Outcome Below: | Affirmed as Modified |
| COA Docket No.: | 02-04-00052-CV |
| Opinion Author: | Honorable LeeAnn Dauphinot |
| Trial Court: | 236th District Court |
| County: | Tarrant |
| Trial Judge: | Honorable Thomas Wilson Lowe |
| Trial Docket: | 236-184813-00 |
| Date | Event | Outcome | |
|---|---|---|---|
| 2009-01-20 | Letter Filed | ||
| 2008-12-08 | Letter Filed | ||
| 2008-09-18 | Case Stored | ||
| 2008-08-29 | Motion for Rehearing - Disposed | Denied | |
| 2008-08-29 | Mandate issued | ||
| 2008-08-15 | MET to file reply disposed of (Respondent) | Form Letter sent in response to motion for extension of time | |
| 2008-08-13 | Motion to extend time to file reply (Respondent) | ||
| 2008-08-05 | Response to Motion for Rehearing (Petitioner) | ||
| 2008-07-18 | Motion for Extension of Time disposed. | Filing granted | |
| 2008-07-15 | Motion for Extension of Time to File Response (Petitioner) | ||
| 2008-07-08 | Supreme Court of Texas Requested Response | ||
| 2008-06-23 | Case forwarded to Court | ||
| 2008-06-23 | Motion for Rehearing - Filed | ||
| 2008-05-12 | Motion for Extension of Time to File Motion for Rehearing disposed (Respondent) | Filing granted | |
| 2008-05-09 | Motion for Extension of Time to File Motion for Rehearing (Respondent) | ||
| 2008-05-02 | Concurring and Dissenting Opinion delivered | Issued | |
| 2008-05-02 | Concurring and Dissenting Opinion delivered | Issued | |
| 2008-05-02 | Concurring Opinion issued. | Issued | |
| 2008-05-02 | Opinion issued | Court of Appeals' judgment reversed; cause remanded to trial court | |
| 2008-05-02 | Court approved judgment sent to attorneys of record | Issued | |
| This case was awaiting the Court's decision after oral argument between June 26, 2007 and May 2, 2008. | |||
| 2007-06-26 | Additional citations received. (Petitioner) | ||
| This case was awaiting the Court's decision after oral argument between March 23, 2007 and June 26, 2007. | |||
| 2007-03-23 | Additional citations received. (Petitioner) | ||
| 2007-03-20 | Oral argument | ||
| 2007-03-19 | Supplemental appendix (Petitioner) | ||
| 2007-03-16 | Electronic copies of brief posted to website (Respondent) | ||
| 2007-03-16 | Electronic copies of brief posted to website (Respondent) | ||
| 2007-03-15 | Electronic copies of brief posted to website (Respondent) | ||
| 2007-03-15 | Call made to request electronic copies of briefs (Respondent) | ||
| 2007-03-15 | Electronic copies of brief posted to website (Respondent) | ||
| 2007-03-14 | Additional citations received. (Respondent) | ||
| This case was waiting for oral argument between December 15, 2006 and March 14, 2007. | |||
| 2006-12-15 | Petition for Review disposed | Filing granted | |
| 2006-12-15 | Case set for oral argument | Case set for oral argument | |
| 2006-12-15 | Petition for Review granted | ||
| This case was pending on merits briefs between August 29, 2006 and December 15, 2006. | |||
| 2006-08-29 | Electronic copies of brief posted to website (Petitioner) | ||
| 2006-08-28 | Reply brief filed (Petitioner) | ||
| 2006-08-16 | Call made to request electronic copies of briefs (Respondent) | ||
| 2006-08-11 | Brief filed (Respondent) | ||
| 2006-07-14 | Motion for Extension of Time disposed. (Respondent) | Filing granted | |
| 2006-07-11 | Motion for extension of time to file brief. (Respondent) | ||
| 2006-06-29 | Electronic copies of brief posted to website (Petitioner) | ||
| 2006-06-28 | Brief filed (Petitioner) | ||
| 2006-05-25 | Motion for Extension of Time disposed. (Petitioner) | Filing granted | |
| 2006-05-22 | Motion for extension of time to file brief. (Petitioner) | ||
| 2006-05-22 | Electronic copies of brief posted to website (Amicus Curiae) | ||
| 2006-05-19 | Electronic copies of brief posted to website (Petitioner) | ||
| 2006-05-19 | Call made to request electronic copies of briefs (Amicus Curiae) | ||
| 2006-05-19 | Electronic copies of brief posted to website (Petitioner) | ||
| 2006-05-19 | Electronic copies of brief posted to website (Respondent) | ||
| 2006-05-17 | Case Record Filed | ||
| 2006-05-12 | Record Requested in Petition for Review | ||
| 2006-05-09 | Brief on the Merits Requested | ||
| This case was waiting for a decision about briefing or a possible grant between February 21, 2006 and May 9, 2006. | |||
| 2006-02-21 | Reply filed (Petitioner) | ||
| 2006-02-03 | Response to Petition for Review filed (Respondent) | ||
| 2006-01-04 | Motion for Extension of Time disposed. | Filing granted | |
| 2005-12-29 | Motion for Extension of Time to File Response (Respondent) | ||
| 2005-12-27 | Address Change (Respondent) | ||
| 2005-12-05 | Supreme Court of Texas Requested Response | ||
| 2005-11-01 | Case forwarded to Court | ||
| 2005-10-24 | Amicus Curiae Brief received | ||
| 2005-10-21 | Response to Petition for Review waived (Respondent) | ||
| 2005-10-18 | Appendix Filed (Petitioner) | ||
| 2005-10-18 | Petition for Review filed (Petitioner) |
| Party | Counsel | Role | |||
|---|---|---|---|---|---|
| Perry Homes |
|
Petitioner | |||
| Home Owners Multiple Equity, Inc. |
|
Petitioner | |||
| Warranty Underwriters Insurane Co. |
|
Petitioner | |||
| Cull, S. Jane |
|
Respondent | |||
| Cull, Robert E. |
|
Respondent |
| Amicus Curiae | Counsel | ||
|---|---|---|---|
| Texas Association of Builders |
|
