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

No. 13-0337
TAMES

PLAINSCAPITAL BANK v. WILLIAM MARTIN

Oral argument was held on September 18, 2014. The Court issued an opinion resolving the case on March 27, 2015. It then denied rehearing on June 5, 2015 File Closed

In the news...

Tracking 1 article about this case.

June 16, 2014

Three opinions, one grant [Jun. 13, 2014]

from SCOTXblog

This article also mentions 18 other cases.

The Court has issued opinions:

Opinions

March 27, 2015

Johnson
Hecht
Green
Willett
Lehrmann
Devine
Brown

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

Boyd
Guzman

Justice Boyd delivered a dissenting opinion, in which Justice Guzman joined. PDF

 

Court of Appeals

Appellate District:5th Court of Appeals
Outcome Below:Reverse & Remand
COA Docket No.:05-10-00235-CV
Opinion Author:Honorable David L. Bridges

Trial Court

Trial Court:429th District Court
County:Collin
Trial Judge:Honorable Jill Renfro Willis
Trial Docket:429-01773-2008

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2015-07-16 Case Stored  
2015-06-05 Motion for Rehearing - Disposed Denied
2015-06-05 Mandate issued  
2015-04-20 Motion for Rehearing  
2015-04-08 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2015-04-07 Motion for Extension of Time to File Motion for Rehearing  
2015-03-27 Opinion issued   Court of Appeals' judgment reversed and remanded to Court of Appeals
2015-03-27 Court approved judgment sent to attorneys of record Issued
2015-03-27 Dissenting opinion issued.   Issued
  This case was awaiting the Court's decision after oral argument between September 18, 2014 and March 27, 2015.  
2014-09-18 Oral argument  
2014-09-17 Letter Filed  
2014-09-17 Exhibits in case/cause filed (Petitioner)  
2014-07-29 Oral Argument Submission Form from Attorney received  
2014-07-25 Miscellaneous motion disposed. See Remarks.   Denied
2014-07-15 Motion to re-set submission date filed.  
2014-07-07 Call received  
2014-06-20 Oral Argument Submission Form from Attorney received  
2014-06-13 Case set for oral argument   Case set for oral argument
2014-06-13 Petition for Review granted
2014-06-13 Petition for Review disposed Filing granted
  This case was pending on merits briefs between January 14, 2014 and June 13, 2014.  
2014-01-14 Reply Brief (Petitioner)  
2013-12-30 Brief on the Merits (Respondent)  
2013-12-05 Fully hyperlinked brief filed (Petitioner)  
2013-11-22 Motion for Extension of Time to File Brief filed  
2013-11-22 Motion for Extension of Time disposed.   Filing granted
2013-11-18 Brief on the Merits (Petitioner)  
2013-10-23 Case Record Filed  
2013-10-22 Letter Filed  
2013-10-22 Amicus Curiae Letter Received  
2013-10-21 Record Requested in Petition for Review  
2013-10-18 Brief on the Merits Requested  
2013-10-18 Amicus Curiae Letter Received  
2013-10-07 Reply to Response (Petitioner)  
2013-09-20 Motion to Extend Time to File Reply filed  
2013-09-20 MET to file reply disposed of   Filing granted
2013-09-16 Response to Petition (Respondent)  
2013-08-28 Motion for Extension of Time to File Response disposed   Filing granted
2013-08-28 Motion for Extension of Time to File Response  
2013-08-09 Supreme Court of Texas Requested Response
2013-07-09 Case forwarded to Court
2013-06-03 Petition for Review (Petitioner)  
2013-05-08 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2013-05-07 Motion for Extension of Time to File Petition for Review filed  

Parties

Party Counsel Role
Martin, William
Mr. Robert B. Cousins Jr.
Mr. Lawrence Fischman
Respondent
PlainsCapital Bank
Mr. Matthew B. Ploeger
Mr. Thomas S. Leatherbury
Mr. Craig Zieminski
Mr. Matthew Walter Moran
Petitioner

Amicus Curiae

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

Unresolved questions about Section 51.003

Having recently issued an opinion about lender's rights of offset under Section 51.003 in MEHRDAD MOAYEDI v. INTERSTATE 35/CHISAM ROAD, L.P. AND MALACHI DEVELOPMENT CORPORATION, No. 12-0937, the Court has decided to go back for more.

This petition asks more questions about Section 51.003, including: (1) whether it creates a right to an offset when a lender resells the property on the open market rather than a foreclosure sale and (2) how to compute fair market value to compute the offset.

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