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

No. 11-0589
TAMES

IN RE ALLCAT CLAIMS SERVICE, L.P. AND JOHN WEAKLY

Oral argument was held on October 24, 2011. The Court issued an opinion resolving the case on November 28, 2011. File Closed

In the news...

Tracking 19 articles about this case.

November 28, 2012

A new kind of report from the Texas Supreme Court about its internal efficiency in handling cases

from SCOTXblog

The Court has issued opinions:

October 19, 2012

SCOTX rejects a constitutional challenge to the Texas franchise-tax system [Oct. 19, 2012]

from SCOTXblog

The article also mentions:
  • IN RE NESTLE USA, INC.
  • July 13, 2012

    Nestle II: Revisiting the Texas business-margins tax

    from SCOTXblog

    The article also mentions:
  • IN RE NESTLE USA, INC.
  • IN RE NESTLE USA, INC., SWITCHPLACE, LLC, AND NSBMA, LP
  • February 10, 2012

    Court rejects second challenge to the Texas franchise tax [Feb. 10, 2012]

    from SCOTXblog

    The article also mentions:
  • IN RE NESTLE USA, INC., SWITCHPLACE, LLC, AND NSBMA, LP
  • November 30, 2011

    Margin Tax Survives Challenge

    from Tax Blog - State and Local

    November 28, 2011

    Texas Supreme Court upholds the state franchise tax [Nov. 28, 2011]

    from SCOTXblog

    The article also mentions:
  • CHARLES ANTHONY ALLEN, SR. v. THE SEVENTH COURT OF APPEALS OF TEXAS AT AMARILLO
  • November 28, 2011

    Court: Business Franchise Tax Isn't an Income Tax

    from Texas Tribune

    November 28, 2011

    Texas Supreme Court upholds main state business tax

    from Austin American-Statesman

    November 22, 2011

    Decision expected (really) soon on the Allcat business-tax challenge

    from SCOTXblog

    November 1, 2011

    Update on the second case challenging the margins tax

    from SCOTXblog

    The article also mentions:
  • IN RE NESTLE USA, INC., SWITCHPLACE, LLC, AND NSBMA, LP
  • October 23, 2011

    Business tax fight lands in Supreme Court

    from Austin American-Statesman

    October 5, 2011

    In re Allcat; Parties Move Forward on Texas Franchise Tax and TTARA Files Amicus

    from Tax Blog - State and Local

    September 9, 2011

    Argument date set for the fast-track challenge to Texas’s business tax [Sep. 9, 2011]

    from SCOTXblog

    The article also mentions:
  • WEEKS MARINE, INC. v. MAXIMINO GARZA
  • August 22, 2011

    The constitutional challenge to Texas’s business tax is on a fast track [Updated]

    from SCOTXblog

    August 22, 2011

    Texas Attorney General Files Response to Franchise Tax Challenge; Supreme Court Orders Oral Argument for Late October, But Signals Dismissal of Two of Three Claims by Allcat?

    from Texas State and Local Tax Law Blog

    August 9, 2011

    Suit Alleges Perry Approved Unconstitutional Income Tax

    from Texas Tribune

    August 5, 2011

    Original proceeding that challenges the Texas business-margins tax

    from SCOTXblog

    August 4, 2011

    Election season and the franchise tax

    from Blue Dot Blues

    August 4, 2011

    Margin Tax Under Challenge: Suit filed in Texas Supreme Court to Challenge Whether the Texas Margin Tax passes muster under the Constitution of the State of Texas

    from Tax Blog - State and Local

    Opinions

    November 28, 2011

    Johnson
    Jefferson
    Hecht
    Wainwright
    Medina
    Green
    Guzman

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

    Willett
    Lehrmann

    Justice Willett delivered an opinion concurring in part and dissenting in part, in which Justice Lehrmann joined. PDF

     

    Court of Appeals

    None

    Trial Court

    None

    Docket Entries

    Date Event Outcome  
    2012-01-20 Case Stored  
    2012-01-12 Certified cys of cost bill sent to attys of record  
    2011-11-28 Opinion issued Denied
    2011-11-28 Concurring and Dissenting Opinion delivered Issued
    2011-11-14 Amicus Curiae Brief received  
    2011-11-08 Fully hyperlinked brief filed  
    2011-10-24 Amicus Curiae Brief received  
    2011-10-24 Oral argument  
    2011-10-21 Motion to Argue disposed   Filing granted
    2011-10-21 Phone call from Clerk's Office  
    2011-10-21 Oral Argument Submission Form from Attorney received  
    2011-10-20 Oral Argument Submission Form from Attorney received  
    2011-10-20 Motion to Argue filed  
    2011-10-18 Amicus Curiae Brief received  
    2011-10-14 Amicus Curiae Brief received  
    2011-10-13 Reply Brief  
    2011-10-12 Amicus Curiae Letter Received (Amicus Curiae)  
    2011-10-10 Oral Argument Submission Form from Attorney received  
    2011-10-07 Fully hyperlinked brief filed  
    2011-10-06 Corrected Notice sent to all counsel  
    2011-10-05 Motion for Extension of Time disposed.   Filing granted
    2011-10-05 Motion for Extension of Time to File Brief filed  
    2011-10-03 Brief on the Merits  
    2011-09-12 Brief on the Merits  
    2011-09-09 Case set for oral argument   Case set for oral argument
    2011-09-09 Petition for Writ of Mandamus disposed Case set for oral argument
    2011-09-09 Mandamus Set to Argue
    2011-08-26 Phone call from Clerk's Office  
    2011-08-25 Letter Filed  
    2011-08-22 Brief on the Merits Requested  
    2011-08-22 Reply to Response  
    2011-08-19 Call received  
    2011-08-19 Letter Filed  
    2011-08-19 Letter Filed  
    2011-08-18 Response to Petition for Writ of Mandamus Filed  
    2011-08-03 Motion for Extension of Time disposed.   Filing granted
    2011-08-02 Motion for Extension of Time to File Response  
    2011-07-29 Petition for Writ of Mandamus (Relator)  
    2011-07-29 Supreme Court of Texas Requested Response  
    2011-07-29 Appendix Filed  
    2011-07-29 Phone call from Clerk's Office  

    Parties

    Party Counsel Role
    Allcat Claims Service, L.P.
    Ms. Amanda Marie Traphagan
    Ms. Lacy L. Leonard
    Mr. Michael Boydstun Seay
    Mr. James F. Martens
    Plaintiff(S)
    Combs, Susan
    Ms. Danica Lynn Milios
    Mr. Jonathan F. Mitchell
    Mr. David C. Mattax
    Mr. William J. "Bill" Cobb III
    Mr. Daniel Tekstar Hodge
    Mr. Bill Davis
    Ms. Susan Combs
    Attorney General Greg W. Abbott
    Mr. Kevin D. Van Oort
    Defendant(S)

    Amici Curiae

    Amicus Curiae Counsel
    Texas Taxpayers and Research Association
    Mr. George S. Christian
    Texas Association of Realtors®
    Mr. Thomas Jensen Morgan
    Hoffer, Tyson
    Mr. Juan F. Vasquez Jr.
    Laing, C.P.A.
    Mr. Christopher S. Johns
    ...
    ...