Supreme Court of Texas Blog: Legal Issues Before the Texas Supreme Court

No. 10-0950
TAMES

ENBRIDGE PIPELINES (EAST TEXAS) L.P. v. AVINGER TIMBER, LLC

Oral argument was held on February 27, 2012. The Court issued an opinion resolving the case on August 31, 2012. It then denied rehearing on December 14, 2012 File Closed

In the news...

Tracking 4 articles about this case.

September 4, 2012

Does groping count as medical malpractice? That, plus issues about condemnation law, civil commitment, proving negligence, and overturning default judgments [more from Friday's orders]

from SCOTXblog

This article also mentions 6 other cases.

The Court has issued opinions:

September 3, 2012

Cases in the news [Sep. 3, 2012]

from SCOTXblog

This article also mentions 7 other cases.

August 31, 2012

Year-End Orders – 18 sets of opinions, 5 new cases set for argument [Aug. 31, 2012]

from SCOTXblog

This article also mentions 23 other cases.

January 27, 2012

Chosen for argument: Oil and gas duties, valuing property taken by a pipeline company, child support enforcement, tort claims act, and family law mediation

from SCOTXblog

This article also mentions 5 other cases.

Opinions

August 31, 2012

Lehrmann
Jefferson
Hecht
Wainwright
Medina
Guzman

Justice Lehrmann delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice Wainwright, Justice Medina, and Justice Guzman joined. PDF

Johnson
Green
Willett

Justice Johnson delivered a dissenting opinion, in which Justice Green and Justice Willett joined PDF

 

Court of Appeals

Appellate District:6th Court of Appeals
Outcome Below:Affirmed
COA Docket No.:06-09-00046-CV
Opinion Author:Honorable Jack Carter

Trial Court

Trial Court:276th District Court
County:Marion
Trial Judge:Honorable William Reed Porter
Trial Docket:0400066

Docket Entries

Date Event Outcome  
2014-05-21 Case Stored - stored case location updated  
2012-12-21 Case Stored  
2012-12-14 Mandate issued  
2012-12-14 Motion for Rehearing - Disposed Denied with Justice not sitting.
2012-12-13 Amended Brief filed (Petitioner)  
2012-12-07 Reply to Response to Motion for Rehearing filed (Respondent)  
2012-12-06 Response to Amicus Curiae Brief filed (Petitioner)  
2012-12-04 Response to Amicus Curiae Brief filed (Petitioner)  
2012-11-30 Amicus Curiae Brief received (Amicus Curiae)  
2012-11-30 Amicus Curiae Brief received (Amicus Curiae)  
2012-11-15 Address Change  
2012-11-14 Amicus Curiae Brief received  
2012-11-14 Response to Motion for Rehearing (Petitioner)  
2012-11-08 Amicus Curiae Brief received  
2012-11-08 Amicus Curiae Brief received  
2012-10-31 Letter Filed  
2012-10-30 Amicus Curiae Letter Received  
2012-10-30 Supreme Court of Texas Requested Response  
2012-10-30 Amicus Curiae Letter Received  
2012-10-29 Motion for Rehearing  
2012-10-29 Case forwarded to Court
2012-10-16 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2012-10-12 Motion for Extension of Time to File Motion for Rehearing  
2012-09-10 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2012-09-07 Motion for Extension of Time to File Motion for Rehearing  
2012-08-31 Court approved judgment sent to attorneys of record Issued
2012-08-31 Dissenting opinion issued.   Issued
2012-08-31 Opinion issued   Court of Appeals' judgment reversed; cause remanded to trial court
  This case was awaiting the Court's decision after oral argument between May 15, 2012 and August 31, 2012.  
2012-05-15 Post submission brief filed (Petitioner)  
2012-05-01 Post submission brief filed (Respondent)  
2012-03-21 Amicus Curiae Brief received  
2012-03-16 Post submission brief filed (Petitioner)  
2012-03-09 Amicus Curiae Brief received  
2012-02-27 Oral argument  
2012-02-27 Exhibits in case/cause filed (Petitioner)  
2012-02-24 Exhibits in case/cause filed (Respondent)  
2012-02-24 Miscellaneous Motion  
2012-02-24 Response to Amicus Curiae Brief filed (Respondent)  
2012-02-24 Miscellaneous motion disposed. See Remarks.   Filing granted
2012-02-23 Response to Amicus Curiae Brief filed (Respondent)  
2012-02-06 Amicus Curiae Brief received  
2012-02-02 Oral Argument Submission Form from Attorney received  
2012-02-01 Oral Argument Submission Form from Attorney received  
2012-01-27 Case set for oral argument   Case set for oral argument
2012-01-27 Petition for Review disposed Filing granted
2012-01-27 Petition for Review granted
2012-01-13 Amicus Curiae Brief received  
2012-01-10 Amicus Curiae Brief received  
2011-12-22 Reply Brief (Petitioner)  
2011-12-20 Amicus Curiae Letter Received  
2011-12-19 Amicus Curiae Letter Received  
2011-11-16 Motion for Extension of Time disposed.   Filing granted
2011-11-10 Address Change  
2011-11-09 Motion for Extension of Time to File Brief filed  
2011-11-07 Brief on the Merits (Respondent)  
2011-09-27 Motion for Extension of Time disposed.   Filing granted
2011-09-26 Motion for Extension of Time to File Brief filed  
2011-09-02 Motion for Extension of Time disposed.   Filing granted
2011-08-30 Motion for Extension of Time to File Brief filed  
2011-08-18 Letter Received  
2011-08-17 Brief on the Merits (Petitioner)  
2011-08-01 Amicus Curiae Brief received  
2011-08-01 Amicus Curiae Brief received  
2011-06-28 Motion for Extension of Time disposed.   Filing granted
2011-06-23 Case Record Filed  
2011-06-22 Motion for Extension of Time to File Brief filed  
2011-06-20 Record Requested in Petition for Review
2011-06-17 Brief on the Merits Requested  
2011-06-08 Response to Petition (Respondent)  
2011-05-06 Motion for Extension of Time disposed.   Filing granted
2011-05-03 Motion for Extension of Time to File Response  
2011-04-08 Supreme Court of Texas Requested Response  
2011-03-31 Amicus Curiae Letter Received  
2011-03-14 Amicus Curiae Brief received  
2011-03-08 Case forwarded to Court
2011-03-04 Response Waiver filed  
2011-03-01 Amicus Curiae Letter Received  
2011-02-09 Appendix Filed (Petitioner)  
2011-02-09 Petition for Review (Petitioner)  
  This case was waiting for the parties to file a formal petition between December 15, 2010 and February 9, 2011.  
2010-12-15 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2010-12-13 Second Motion for Extension of Time to File Petition for Review filed  
2010-11-23 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2010-11-19 Motion for Extension of Time to File Petition for Review filed  

Parties

Party Counsel Role
Enbridge Pipeline (East Texas) LP
Ms. Lauren Tanner Bradley
Mr. Eric Wayne Doerries
Mr. Thomas H. Buchanan
Mr. Stephen G. Tipps
Mr. Thomas E. Sheffield
Mr. Thomas R. Phillips
Petitioner
Avinger Timber LLC
Mr. Glenn A. Sodd
Mr. Charles R. 'Skip' Watson Jr.
Mr. William Jason Sodd
Ms. Jody Sodd McSpadden
Mr. Clay Beard
Mr. John R. Mercy
Mr. Mike A. Hatchell
Mr. Christopher S. Johns
Respondent

Amici Curiae

Amicus Curiae Counsel
Texas Farm Bureau
Mr. Andy McSwain
Texas Farm Bureau
Crosstex Energy Services, L.P.
Mr. Lewis L. Isaacks
Transcanada Keystone Pipeline, L.P.
Mr. Stephen K. Carroll
Mr. Jeffery Frank Nadalo
Texas Pipeline Association and Texas Municipal League
Mr. Charles B. McFarland
Gas Processors Association
Mr. Alan B. Daughtry
Enterprise Products Partners, L.P.
Mr. Thomas A. Zabel
El Paso Electric Company
Mr. James E. Mann
Mr. Patrick Joseph Pearsall
Texas Land and Mineral Owners Assoc'n
Mr. William Gerow Christian
Texas Oil & Gas Assoc'n
Mr. Jeff Avant
Pacific Legal Foundation
Mr. Chance Dean Weldon
Centerpoint Energy Gas Transmission Company, LLC
Mr. Thomas J. Forestier
Interstate Natural Gas Association of America
Mr. Kurt Howard Kuhn
Grassroots America We the People
Mr. Matthew Joseph Kita
Jones, Michelle
Mr. Ryan Parker Bates
We Texans and Independent Texans
Mr. Ryan Hedley Downton
Ratliff, James
Mr. S. G. Johndroe III
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