Supreme Court of Texas Blog

No. 08-0244
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BASIC CAPITAL MANAGEMENT, INC., AMERICAN REALTY TRUST, INC., TRANSCONTINENTAL REALTY INVESTORS, INC., CONTINENTAL POYDRAS CORP., CONTINENTAL COMMON, INC., AND CONTINENTAL BARONNE, INC. v. DYNEX COMMERCIAL, INC. AND DYNEX CAPITAL, INC.

Oral argument was held on September 10, 2009. The Court issued an opinion resolving the case on April 1, 2011. It then denied rehearing on October 21, 2011 File Closed

In the news...

Tracking 1 article about this case.

April 1, 2011

Who can sue when commercial lenders back out; two grants about whether the med-mal statute covers assault [Apr. 1, 2011]

from SCOTXblog

This article also mentions 5 other cases.

The Court has issued opinions:

Opinion

April 1, 2011

Hecht
Jefferson
Wainwright
Medina
Green
Johnson
Willett
Guzman
Lehrmann

Justice Hecht delivered the opinion of the Court. PDF

 

Court of Appeals

Appellate District:5th Court of Appeals
Outcome Below:Affirmed
COA Docket No.:05-04-01358-CV
Opinion Author:Honorable Bailey Moseley

Trial Court

Trial Court:68th District Court
County:Dallas
Trial Judge:Honorable Charles Stokes
Trial Docket:03-00675

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2011-10-31 Record returned to Court of Appeals  
2011-10-31 Mandate issued  
2011-10-31 Case Stored  
2011-10-21 Motion for Rehearing - Disposed Denied
2011-09-22 Reply to Response to Motion for Rehearing filed (Respondent)  
2011-08-26 Response to Motion for Rehearing (Petitioner)  
2011-07-29 Motion for Extension of Time disposed.   Filing granted
2011-07-26 Motion for Extension of Time to File Response  
2011-07-12 Supreme Court of Texas Requested Response  
2011-07-01 Phone call from Clerk's Office  
2011-07-01 Amicus Curiae Brief received  
2011-06-20 Amicus Curiae Brief received  
2011-06-17 Case forwarded to Court
2011-06-17 Motion for Rehearing  
2011-05-16 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2011-05-13 Motion for Extension of Time to File Motion for Rehearing  
2011-04-15 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2011-04-14 Motion for Extension of Time to File Motion for Rehearing  
2011-04-01 Opinion issued Court of Appeals' judgment reversed; remanded to Court of Appeals
2011-04-01 Motion for Leave to File Amended Petition disposed   Filing dismissed as moot
2011-04-01 Court approved judgment sent to attorneys of record Issued
  This case was awaiting the Court's decision after oral argument between January 22, 2010 and April 1, 2011.  
2010-01-22 Post submission brief filed (Respondent)  
  This case was awaiting the Court's decision after oral argument between September 23, 2009 and January 22, 2010.  
2009-09-23 Post submission brief filed (Petitioner)  
2009-09-10 Exhibits in case/cause filed (Respondent)  
2009-09-10 Oral argument  
2009-09-09 Exhibits in case/cause filed (Petitioner)  
2009-07-30 Oral Argument Submission Form from Attorney received  
2009-07-22 Oral Argument Submission Form from Attorney received  
2009-07-10 Case set for oral argument   Case set for oral argument
  This case was waiting for oral argument between April 22, 2009 and July 10, 2009.  
2009-04-22 Electronic copies of brief posted to website  
2009-04-17 Petition for Review disposed   Filing granted
2009-04-17 Petition for Review granted
  This case was pending on merits briefs between February 11, 2009 and April 17, 2009.  
2009-02-11 Reply Brief (Petitioner)  
2009-02-11 Response to Motion filed  
2009-02-05 Call received  
2009-02-04 Phone call from Clerk's Office  
2009-02-03 Amended Petition for Review filed (Petitioner)  
2009-02-03 Motion for Leave to File Amended Petition filed  
2009-01-23 Motion for Extension of Time disposed.   Filing granted
2009-01-22 Motion for Extension of Time to File Brief filed  
2009-01-12 Brief on the Merits (Respondent)  
2009-01-05 Case Record Filed  
2008-12-12 Motion for Extension of Time disposed.   Filing granted
2008-12-10 Motion for Extension of Time to File Brief filed  
2008-12-01 Address Change  
2008-10-22 Brief on the Merits (Petitioner)  
2008-09-09 Motion for Extension of Time disposed.   Filing granted
2008-09-09 Motion for Extension of Time disposed.   Filing granted
2008-09-09 Motion for Extension of Time disposed.   Filing granted
2008-09-09 Phone call from Clerk's Office  
2008-09-09 Electronic copies of brief posted to website  
2008-09-09 Electronic copies of brief posted to website  
2008-09-09 Electronic copies of brief posted to website  
2008-09-08 Motion for Extension of Time to File Brief filed  
2008-09-08 Motion for Extension of Time to File Brief filed  
2008-09-08 Motion for Extension of Time to File Brief filed  
2008-08-22 Record Requested in Petition for Review
2008-08-22 Brief on the Merits Requested  
2008-08-07 Reply to Response (Petitioner)  
2008-07-15 Case forwarded to Court
2008-07-14 MET to file reply disposed of   Filing granted
2008-07-11 Motion to Extend Time to File Reply filed  
2008-07-09 Response to Petition (Respondent)  
2008-06-04 Motion for Extension of Time to File Response  
2008-06-04 Motion for Extension of Time disposed.   Filing granted
2008-05-07 Appendix Filed (Petitioner)  
2008-05-07 Petition for Review (Petitioner)  
2008-04-03 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2008-04-02 Motion for Extension of Time to File Petition for Review filed  

Parties

Party Counsel Role
Basic Capital Management, Inc.
Mr. James Robert Krause
Mr. Lawrence J. Friedman
Mr. Robert B. Gilbreath
Ms. Allyson Newton Ho
Mr. Thomas R. Phillips
Mr. Jamil N. Alibhai
Mr. John Frederick Redwine
Mr. Eric V. Moyè
Mr. Michael Lewis Gaubert
Mr. Christopher Louis Kurzner
Mr. G. Michael Gruber
Mr. Kenneth F. Nye
Mr. Bart F. Higgins
Mr. John Augustine Sopuch III
Mr. J. Robert Arnett II
Mr. William V. Dorsaneo III
Mr. Carlos G. Lopez
Ms. Melissa J. Armstrong
Mr. W. Carter Boisvert
Petitioner
Dynex Commercial, Inc.
Mr. Joseph Carl Cecere
Mr. Ryan D. Clinton
Ms. Elana S. Einhorn
Mr. Charles M. Sims
Mr. Charles L. Perry
Ms. Deborah G. Hankinson
Mr. William Richard (Rick) Thompson II
Respondent

Amici Curiae

Amicus Curiae Counsel
Independent Bankers Association of Texas
Ms. Karen M. Neeley
Texas Bankers Association
Mr. John Mark Heasley
Mr. B. Scott Daugherty
 
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