Supreme Court of Texas Blog

No. 08-0890
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THE HOUSTON EXPLORATION CO. AND OFFSHORE SPECIALTY FABRICATORS, INC. v. WELLINGTON UNDERWRITING AGENCIES, LTD., ET AL.

Oral argument was held on September 14, 2010. The Court issued an opinion resolving the case on August 26, 2011. It then denied rehearing on December 16, 2011 File Closed

In the news...

Tracking 3 articles about this case.

Opinions

August 26, 2011

Hecht
Wainwright
Medina
Green
Johnson
Guzman

Justice Hecht delivered the opinion of the Court, in which Justice Wainwright, Justice Medina, Justice Green, and Justice Guzman joined, and in Parts I and III of which Justice Johnson joined. PDF

Jefferson
Willett
Lehrmann

Chief Justice Jefferson delivered a dissenting opinion, in which Justice Willett and Justice Lehrmann joined. PDF

Johnson

Justice Johnson delivered a concurring opinion. PDF

Court of Appeals

Appellate District:14th Court of Appeals
Outcome Below:Reversed & Remanded
COA Docket No.:14-07-00970-CV
Opinion Author:Honorable Adele O. Hedges

Trial Court

Trial Court:234th District Court
County:Harris
Trial Judge:Honorable Mauricio Rondon
Trial Docket:2004-61582

Docket Entries

Date Event Outcome  
2011-12-21 Case Stored  
2011-12-16 Motion for Rehearing - Disposed Denied
2011-12-16 Motion for Rehearing - Disposed Denied
2011-12-16 Mandate issued  
2011-11-23 Description of document returned to Supreme Court  
  This case was waiting for a decision about a pending motion for rehearing between September 28, 2011 and November 23, 2011.  
2011-09-28 Fully hyperlinked brief filed  
2011-09-27 Motion for Rehearing for pet #2  
2011-09-27 Motion for Rehearing  
2011-09-27 Case forwarded to Court
2011-09-27 Case forwarded to Court
2011-09-02 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2011-09-01 Motion for Extension of Time to File Motion for Rehearing  
2011-08-26 Dissenting opinion issued. Issued
2011-08-26 Opinion issued Court of Appeals' judgment affirmed
2011-08-26 Concurring Opinion issued. Issued
2011-08-26 Court approved judgment sent to attorneys of record Issued
2011-08-26 Opinion issued   Issued
  This case was awaiting the Court's decision after oral argument between December 23, 2010 and August 26, 2011.  
2010-12-23 Adoption by another party of brief already filed  
2010-12-21 Phone call from Clerk's Office  
2010-12-21 Response to Brief filed  
2010-12-10 Miscellaneous motion disposed. See Remarks.   Filing granted
2010-12-07 Phone call from Clerk's Office  
2010-12-06 Phone call from Clerk's Office  
2010-12-06 Motion for Extension of Time to File Brief filed  
2010-12-03 Call received  
2010-12-01 Appendix Filed (Respondent)  
2010-12-01 Post submission brief filed (Respondent)  
  This case was awaiting the Court's decision after oral argument between September 14, 2010 and December 1, 2010.  
2010-09-14 Oral argument  
2010-09-14 Oral argument  
2010-08-16 Oral Argument Submission Form from Attorney received  
2010-08-11 Oral Argument Submission Form from Attorney received  
2010-07-16 Case set for oral argument   Case set for oral argument
2010-07-16 Case set for oral argument   Case set for oral argument
  This case was waiting for oral argument between April 9, 2010 and July 16, 2010.  
2010-04-09 Previous Order of the Court withdrawn  
2010-04-09 Motion for Rehearing - Disposed Filing granted
2010-04-09 Petition for Review disposed   Filing granted
2010-04-09 Petition for Review disposed   Case set for oral argument
2010-04-09 Petition for Review granted
2010-04-09 Petition for Review granted
2010-04-09 Previous Order of the Court withdrawn  
2010-04-09 Motion for Rehearing - Disposed Filing granted
  This case was waiting for a decision about a pending motion for rehearing between January 8, 2010 and April 9, 2010.  
2010-01-08 Reply to Response to Motion for Rehearing filed  
2010-01-06 Call received  
2009-12-28 Call received  
2009-12-22 Response to Motion for Rehearing (Respondent)  
2009-12-22 Response to Motion for Rehearing (Respondent)  
2009-12-07 Supreme Court of Texas Requested Response  
2009-12-04 Amicus Curiae Brief received  
2009-12-01 Case forwarded to Court
2009-12-01 Case forwarded to Court
2009-11-24 Motion for Rehearing for pet #2  
2009-11-24 Phone call from Clerk's Office  
2009-11-24 Motion for Rehearing  
2009-11-05 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2009-11-04 Motion for Extension of Time to File Motion for Rehearing  
2009-10-23 Petition for Review disposed Denied
2009-10-23 Petition for Review disposed Denied
  This case was pending on merits briefs between August 3, 2009 and October 23, 2009.  
2009-08-03 Address Change  
2009-07-31 Reply Brief  
2009-07-31 Reply Brief  
2009-07-16 Brief on the Merits (Respondent)  
2009-07-16 Brief on the Merits (Respondent)  
2009-06-17 Electronic copies of brief posted to website  
2009-06-04 Motion for Extension of Time disposed.   Filing granted
2009-06-03 Motion for Extension of Time to File Brief filed  
2009-06-01 Document received (See Remarks)  
2009-05-27 Brief on the Merits  
2009-05-27 Brief on the Merits  
2009-04-15 Electronic copies of brief posted to website  
2009-04-15 Electronic copies of brief posted to website  
2009-04-09 Motion for Extension of Time disposed.   Filing granted
2009-04-08 Electronic copies of brief posted to website  
2009-04-08 Electronic copies of brief posted to website  
2009-04-07 Case Record Filed  
2009-04-07 Electronic copies of brief posted to website  
2009-04-07 Motion for Extension of Time to File Brief filed  
2009-04-07 Electronic copies of brief posted to website  
2009-04-07 Electronic copies of brief posted to website  
2009-04-07 Electronic copies of brief posted to website  
2009-03-30 Record Requested in Petition for Review
2009-03-27 Brief on the Merits Requested  
2009-03-09 Reply to Response  
2009-03-06 Reply to Response  
2009-03-04 Call received  
2009-02-18 Response to Petition (Respondent)  
2009-02-18 Response to Petition (Respondent)  
2008-12-31 Notice from Counsel of a change in address  
2008-12-30 Motion for Extension of Time disposed.   Filing granted
2008-12-29 Motion for Extension of Time to File Response  
2008-12-19 Supreme Court of Texas Requested Response  
2008-11-18 Case forwarded to Court
2008-11-18 Case forwarded to Court
2008-11-07 Response Waiver filed  
2008-10-24 Amicus Curiae Brief received  
2008-10-22 Petition for Review #2 (Petitioner)  
2008-10-22 Appendix Filed  
2008-10-22 Amicus Curiae Brief received  
2008-10-21 Appendix Filed (Petitioner)  
2008-10-21 Petition for Review (Petitioner)  

Parties

Party Counsel Role
Wellington Underwriting Agencies, Ltd.
Ms. Karen Ann Conticello
Mr. Glenn Richard Legge
Mr. Alexander C. Papandreou
Respondent
Offshore Specialty Fabricator, Inc.
Mr. Robert Lee Galloway
Mr. Ian Ranier Beliveaux
Mr. Harry Lloyd Scarborough
Petitioner
The Houston Exploration Company
Ms. Farrell Ann Hochmuth
Mr. James C. Winton
Ms. S. Shawn Stephens
Petitioner
Lary Insurance Services, Inc.
Mr. Francis I. Spagnoletti
Mr. Marc Evan Kutner
Other Interested Party
Tysers International Ins.
Mr. Ashley T. Parrish
Other Interested Party

Amici Curiae

Amicus Curiae Counsel
Nizialek, Philip D.
Mr. Philip D. Nizialek
Texas Association of Business
Mr. Jay K. Rutherford
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