Supreme Court of Texas Blog

No. 14-0721
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USAA TEXAS LLOYDS COMPANY v. GAIL MENCHACA

Oral argument was held on October 11, 2016. The Court issued an opinion resolving the case on April 13, 2018. File Closed

Opinions

April 13, 2018

Blacklock

Justice Blacklock concurs in the judgment without opinion. PDF

Boyd
Hecht
Green
Guzman
Lehrmann
Devine
Brown

Justice Boyd announced the Court's judgment and delivered the Court's opinion as to Parts I, II, and III.A, in which Chief Justice Hecht, Justice Green, Justice Guzman, Justice Lehrmann, Justice Devine, and Justice Brown joined, a plurality opinion as to Parts III.B and III.C, in which Chief Justice Hecht, Justice Lehrmann, and Justice Devine joined, and an opinion as to Parts III.D, III.E, III.F, and III.G, in which Justice Lehrmann and Justice Devine joined. PDF

Green
Hecht
Guzman
Brown

Justice Green delivered a dissenting opinion in which Justice Guzman and Justice Brown joined as to Parts I, II, and IV, and a plurality opinion as to Part III, in which Chief Justice Hecht, Justice Guzman, and Justice Brown joined. PDF

Hecht

Chief Justice Hecht delivered a concurring opinion. PDF

Withdrawn Opinions

The opinions below have been withdrawn by order of the Court.

April 7, 2017

Boyd
Hecht
Green
Willett
Guzman
Lehrmann
Devine
Brown

Justice Boyd delivered the opinion of the Court. PDF

Court of Appeals

Appellate District:13th Court of Appeals
Outcome Below:Aff As Mod
COA Docket No.:13-13-00046-CV
Opinion Author:Honorable Dori Contreras

Trial Court

Trial Court:9th District Court
County:Montgomery
Trial Judge:Honorable Kelly W. Case
Trial Docket:09-05-04702-CV

Docket Entries

Date Event Outcome  
2018-05-24 Mandate issued  
2018-04-13 Previous opinion withdrawn  
2018-04-13 Opinion issued   Court of Appeals' judgment reversed; cause remanded to trial court
2018-04-13 Concurring Opinion issued.   Issued
2018-04-13 Dissenting opinion issued.   Issued
2018-04-13 Court approved judgment sent to attorneys of record Issued
2018-04-13 Judgment Withdrawn  
  This case was awaiting the Court's decision after oral argument between December 15, 2017 and April 13, 2018.  
2017-12-15 Motion for Rehearing - Disposed   Filing granted
2017-12-15 Motion for Rehearing Granted
  This case was waiting for a decision about a pending motion for rehearing between October 11, 2017 and December 15, 2017.  
2017-10-11 Amicus Curiae Brief received  
2017-10-09 Amicus Curiae Brief received  
2017-09-29 Reply to Response to Motion for Rehearing filed (Petitioner)  
2017-09-18 Call received  
2017-09-15 Amicus Curiae Brief received  
2017-09-15 Response to Motion for Rehearing (Respondent)  
2017-08-14 Motion for Extension of Time to File Response  
2017-08-14 Motion for Extension of Time to File Response disposed   Filing granted
2017-07-06 Motion for Extension of Time to File Response  
2017-07-06 Motion for Extension of Time to File Response disposed   Filing granted
2017-06-30 Supreme Court of Texas Requested Response  
2017-06-23 Letter Filed  
2017-06-23 Amended motion for rehearing (Petitioner)  
2017-06-22 Motion for Rehearing  
2017-06-22 Case forwarded to Court
2017-05-17 Motion for Extension of Time to File Motion for Rehearing  
2017-05-17 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2017-04-17 Motion for Extension of Time to File Motion for Rehearing  
2017-04-17 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2017-04-07 Opinion issued   Court of Appeals' judgment reversed; cause remanded to trial court
2017-04-07 Court approved judgment sent to attorneys of record Issued
  This case was awaiting the Court's decision after oral argument between October 11, 2016 and April 7, 2017.  
2016-10-11 Oral argument  
2016-10-10 Exhibits in case/cause filed (Petitioner)  
2016-10-07 Amicus Curiae Brief received  
2016-10-06 Amicus Curiae Brief received  
2016-09-27 Oral Argument Submission Form from Attorney received  
2016-09-23 Amicus Curiae Brief received  
2016-09-16 Oral Argument Submission Form from Attorney received  
2016-09-02 Petition for Review granted
2016-09-02 Case set for oral argument   Case set for oral argument
2016-09-02 Petition for Review disposed Filing granted
  This case was pending on merits briefs between April 29, 2016 and September 2, 2016.  
2016-04-29 Amicus Curiae Brief received  
  This case was pending on merits briefs between February 22, 2016 and April 29, 2016.  
2016-02-22 Amicus Curiae Letter Received  
2016-02-05 Reply Brief (Petitioner)  
2016-02-03 Amicus Curiae Brief received  
2015-12-29 Motion for Extension of Time disposed.   Filing granted
2015-12-29 Motion for Extension of Time to File Brief filed  
2015-12-01 Motion for Extension of Time disposed.   Filing granted
2015-12-01 Motion for Extension of Time to File Brief filed  
2015-11-20 Brief on the Merits (Respondent)  
2015-10-20 Motion for Extension of Time disposed.   Filing granted
2015-10-19 Motion for Extension of Time to File Brief filed  
2015-09-16 Motion for Extension of Time disposed.   Filing granted
2015-09-16 Motion for Extension of Time to File Brief filed  
2015-08-18 Motion for Extension of Time disposed.   Filing granted
2015-08-18 Motion for Extension of Time to File Brief filed  
2015-07-31 Brief on the Merits (Petitioner)  
2015-06-19 Motion for Extension of Time disposed.   Filing granted
2015-06-19 Motion for Extension of Time to File Brief filed  
2015-05-21 Motion for Extension of Time to File Brief filed  
2015-05-21 Motion for Extension of Time disposed.   Filing granted
2015-05-19 Case Record Filed  
2015-05-01 Brief on the Merits Requested  
2015-05-01 Record Requested in Petition for Review  
2015-03-26 Reply to Response (Petitioner)  
2015-03-11 Response to Petition (Respondent)  
2015-02-09 Notice from Counsel of a change in address  
2015-01-29 Motion for Extension of Time to File Response disposed   Filing granted
2015-01-29 Motion for Extension of Time to File Response  
2015-01-09 Supreme Court of Texas Requested Response  
2014-12-09 Case forwarded to Court
2014-12-08 Response Waiver filed  
2014-11-14 Petition for Review (Petitioner)  
2014-10-06 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2014-10-06 Second Motion for Extension of Time to File Petition for Review filed  
2014-09-12 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2014-09-12 Notice of Appearance  
2014-09-12 Motion for Extension of Time to File Petition for Review filed  

Parties

Party Counsel Role
Menchaca, Gail
Mr. James C. Marrow
Ms. Jennifer Bruch Hogan
Mr. John Steven Mostyn
Mr. Richard P. Hogan Jr.
Mr. Randal G. Cashiola
Mr. Gilberto Hinojosa
Respondent
USAA Texas Lloyds Company
Mr. Charles T. Frazier Jr.
Ms. Mary Margaret Roark
Mr. Thomas R. Phillips
Ms. Rachel A. Ekery
Mr. Wallace B. Jefferson
Ms. Tanya Dugas
Mr. Levon G. Hovnatanian
Mr. Christopher W. Martin
Mr. Robert T. Owen
Mr. Paul Wayne Pickering
Mr. Bruce E. Ramage
Petitioner

Amici Curiae

Amicus Curiae Counsel
Lexington Insurance Company
Mr. Thomas C. Wright
Ms. Lisa Wright
Mr. Michael A. Choyke
United Policyholders
Ms. Penelope E. Nicholson
Mr. Marc S. Tabolsky
Cameron, a Schlumberger Company
Mr. Russell S. Post
Texas Automobile Dealers Association
Mr. Matthew R. Pearson
Mr. Brendan K. McBride
Mr. Marc E. Gravely
Texas Organization of Rural & Community Hospitals
Mr. Brendan K. McBride
Mr. Marc E. Gravely
Mr. Matthew R. Pearson
Brass Real Estate Funds
Mr. Brendan K. McBride
Mr. Marc E. Gravely
Mr. Matthew R. Pearson
Texas Independent Automobile Dealers Association
Mr. Marc E. Gravely
Mr. Matthew R. Pearson
Mr. Brendan K. McBride
Chamber of Commerce of the United States of America
Ms. Kendyl Taylor Hanks
Ms. Lindsay E. Hagans
Mr. Dale Wainwright
Insurance Council of Texas
Ms. Catherine L. Hanna
Texans for Lawsuit Reform
Mr. Hugh Rice Kelly
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