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No. 12-0772
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ZACHRY CONSTRUCTION CORPORATION v. PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, TEXAS

Oral argument was held on November 6, 2013. The Court issued an opinion resolving the case on August 29, 2014. It then denied rehearing on December 19, 2014 File Closed

In the news...

Tracking 1 article about this case.

August 23, 2013

8 Decisions, 10 Grants, and More [Aug. 23, 2013]

from SCOTXblog

This article also mentions 17 other cases.

The Court has issued opinions:

Opinions

August 29, 2014

Hecht
Green
Guzman
Devine
Brown

Chief Justice Hecht delivered the opinion of the Court, in which Justice Green, Justice Guzman, Justice Devine, and Justice Brown joined. PDF

Boyd
Johnson
Willett
Lehrmann

Justice Boyd delivered a dissenting opinion, in which Justice Johnson, Justice Willett, and Justice Lehrmann joined. PDF

 

Court of Appeals

Appellate District:14th Court of Appeals
Outcome Below:Reverse & Render
COA Docket No.:14-10-00708-CV
Opinion Author:Honorable Sharon Sue Mccally

Trial Court

Trial Court:151st District Court
County:Harris
Trial Judge:Honorable Michael C. Engelhart
Trial Docket:2006-72970

Docket Entries

Date Event Outcome  
2014-12-19 Motion for Rehearing - Disposed Denied
2014-12-19 Mandate issued  
2014-11-07 Amicus Curiae Letter Received  
2014-10-28 Amended Brief filed  
2014-10-27 Amicus Curiae Letter Received  
2014-10-24 Amicus Curiae Brief received  
2014-10-22 Amicus Curiae Letter Received  
2014-10-22 Amicus Curiae Brief received (Amicus Curiae)  
2014-10-22 Amended Certificate (Amicus Curiae)  
2014-10-20 Amicus Curiae Letter Received  
2014-10-17 Amicus Curiae Brief received  
2014-10-16 Amicus Curiae Brief received (Amicus Curiae)  
2014-10-15 Case forwarded to Court
2014-10-15 Motion for Rehearing - Filed  
2014-09-26 Miscellaneous motion disposed. See Remarks.   Filing granted
2014-09-02 Motion for Extension of Time to File Motion for Rehearing (Respondent)  
2014-09-02 Miscellaneous motion filed. (Respondent)  
2014-09-02 Motion for Extension of Time to File Motion for Rehearing disposed (Respondent)   Filing granted
2014-08-29 Miscellaneous motion disposed. See Remarks.   Filing dismissed as moot
2014-08-29 Opinion issued   Court of Appeals' judgment reversed; remanded to Court of Appeals
2014-08-29 Dissenting opinion issued.   Issued
2014-08-29 Miscellaneous motion disposed. See Remarks.   Filing dismissed as moot
2014-08-29 Miscellaneous motion disposed. See Remarks.   Filing dismissed as moot
2014-08-29 Court approved judgment sent to attorneys of record Issued
  This case was awaiting the Court's decision after oral argument between November 14, 2013 and August 29, 2014.  
2013-11-14 Post submission brief filed  
2013-11-14 Post submission brief filed (Petitioner)  
2013-11-13 Post submission brief filed (Respondent)  
2013-11-12 Post submission brief filed (Petitioner)  
2013-11-07 Amicus Curiae Brief received  
2013-11-06 Oral argument  
2013-11-05 Exhibits in case/cause filed (Respondent)  
2013-11-05 Exhibits in case/cause filed (Petitioner)  
2013-10-29 Response to Amicus Curiae Brief filed (Petitioner)  
2013-10-29 Certification (various) in case received (Petitioner)  
2013-10-28 Amicus Curiae Letter Received  
2013-10-24 Amicus Curiae Brief received  
2013-10-22 Amicus Curiae Brief received  
2013-10-09 Amicus Curiae Brief received  
2013-10-04 Amicus Curiae Brief received  
2013-10-02 Miscellaneous motion filed. (Respondent)  
2013-10-02 Document filed (see remarks) (Respondent)  
2013-10-01 Oral Argument Submission Form from Attorney received (Respondent)  
2013-10-01 Amicus Curiae Brief received  
2013-09-27 Amicus Curiae Brief received  
2013-09-18 Response to brief filed (Respondent)  
2013-09-13 Surreply Filed (Petitioner)  
2013-09-03 Oral Argument Submission Form from Attorney received (Petitioner)  
2013-08-30 Case set for oral argument   Case set for oral argument
2013-08-23 Petition for Review disposed   Filing granted
2013-08-23 Petition for Review granted
2013-08-14 Surreply Filed (Respondent)  
2013-08-14 Letter Filed (Petitioner)  
2013-08-09 Miscellaneous motion filed. (Petitioner)  
2013-08-09 Reply brief filed (Petitioner)  
2013-08-09 Notice of Appearance (Petitioner)  
2013-07-22 Amicus Curiae Brief received  
2013-07-15 Letter Filed (Respondent)  
2013-07-10 Brief filed (Respondent)  
2013-07-10 Miscellaneous motion filed. (Respondent)  
2013-06-10 Amicus Curiae Brief received  
2013-05-21 Motion for Extension of Time disposed. (Respondent)   Filing granted
2013-05-21 Motion for extension of time to file brief.  
2013-05-21 Motion for Extension of Time disposed.   Filing granted
2013-05-21 Motion for extension of time to file brief. (Respondent)  
2013-05-20 Brief filed (Petitioner)  
2013-05-15 Case Record Filed  
2013-05-01 Miscellaneous motion disposed. See Remarks.   Denied
2013-04-22 Record Requested in Petition for Review
2013-04-22 Motion for Extension of Length of Brief filed (Respondent)  
2013-04-19 Brief on the Merits Requested  
2013-04-01 Surreply Filed (Petitioner)  
2013-03-28 Surreply Filed (Respondent)  
2013-03-26 Reply filed (Petitioner)  
2013-02-20 Letter Filed (Respondent)  
2013-02-19 Response to Petition for Review filed (Respondent)  
  This case was waiting for a decision about briefing or a possible grant between December 21, 2012 and February 19, 2013.  
2012-12-21 Response to Motion filed (Petitioner)  
2012-12-21 Motion to extend time to file reply (Petitioner)  
2012-12-21 Motion for Extension of Time disposed.   Filing granted
2012-12-21 MET to file reply disposed of (Petitioner)   Filing granted
2012-12-20 Motion for Extension of Time to File Response (Respondent)  
2012-12-20 Phone call from Clerk's Office  
2012-12-18 Motion for Extension of Time disposed.   Filing granted
2012-12-18 MET to file reply disposed of (Petitioner)   Filing granted
2012-12-12 Motion for Extension of Time to File Response (Respondent)  
2012-12-12 Motion to extend time to file reply (Petitioner)  
2012-11-30 Supreme Court of Texas Requested Response  
2012-10-30 Case forwarded to Court
2012-10-24 Amicus Curiae Brief received  
2012-10-17 Amicus Curiae Brief received  
2012-10-15 Amicus Curiae Letter Received  
2012-10-15 Amicus Curiae Brief received  
2012-10-02 Amicus Curiae Letter Received  
2012-10-01 Amicus Curiae Letter Received  
2012-09-28 Phone call from Clerk's Office (Amicus Curiae)  
2012-09-28 Amicus Curiae Letter Received  
2012-09-27 Amicus Curiae Letter Received  
2012-09-26 Amicus Curiae Letter Received  
2012-09-26 Amicus Curiae Letter Received  
2012-09-24 Petition for Review filed (Petitioner)  

Parties

Party Counsel Role
Port of Houston Authority of Harris County, Texas
Mr. Michael A. Heidler
Ms. Marianne M. Auld
Ms. Catherine B. Smith
Ms. Marie R. Yeates
Mr. William D. Sims Jr.
Mr. David E. Keltner
Mr. Lawrence J. Fossi
Mr. David Hurst Brown
Ms. Karen Tucker White
Respondent
Zachry Construction Corporation
Ms. Sydney Gibbs Ballesteros
Mr. Brandon Trent Allen
Ms. Amanda Bowman Nathan
Ms. Jennifer Horan Greer
Mr. Robin C. Gibbs
Mr. Michael Absmeier
Mr. Douglas W. Alexander
Petitioner

Amici Curiae

Amicus Curiae Counsel
Texas Civil Justice League
Mr. George S. Christian
Texas Aggregates and Concrete Association
Mr. Jose E. De La Fuente
Associated General Contractors of Texas, Inc.
Mr. Joe F. Canterbury Jr.
Zurich Surety
Mr. Michael Keeley
Texans for Lawsuit Reform
Mr. Hugh Rice Kelly
Associated Builders and Contractors of Texas
Mr. R. Wes Johnson
Electrical Contractors Association
Mr. Vincent L. Marable III
Associated General Contractors-Texas Building Branch
Mr. James Corbin Van Arsdale
The American Subcontractors Association, Inc.
Mr. Richard Gary Thomas
Texas Conference of Urban Counties
Mr. John B. Dahill
City of Houston
Ms. Malinda York Crouch
Mr. David M. Feldman
Ms. Judith Lee Ramsey
Ms. Mary Beth Stevenson
Texas Municipal League
Ms. Heather Mahurin
Harris County, Texas
Mr. Bruce S. Powers
Mr. Vincent Reed Ryan Jr.
Travis County, Texas
Ms. Sherine Elizabeth Thomas
Mr. David A. Escamilla
City of Fort Worth, Texas
Mr. Christopher Bedford Mosley
City of Dallas, Texas
Mr. Charles Steven Estee
City of Arlington, Texas
Mr. Robert H. Fugate
Dallas/Fort Worth International Airport Board
Mr. Robert Caput
Texas Association of School Boards Legal Assistance Fund
Mr. Brendan K. McBride
Travis County Attorney’s Office
Mr. Andrew Michael Williams
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