Supreme Court of Texas Blog

No. 15-0847
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RON SOMMERS, AS CHAPTER 7 TRUSTEE FOR ALABAMA AND DUNLAVY, LTD., FLAT STONE II, LTD., AND FLAT STONE, LTD., AND AS SUCCESSOR IN INTEREST TO JAY COHEN, INDIVIDUALLY AND AS TRUSTEE OF THE JHC TRUSTS I AND II v. SANDCASTLE HOMES, INC.

Oral argument was held on February 9, 2017. The Court issued an opinion resolving the case on June 16, 2017. File Closed

Opinions

June 16, 2017

Brown
Green
Johnson
Guzman
Boyd

Justice Brown delivered the opinion of the Court, in which Justice Green, Justice Johnson, Justice Guzman, and Justice Boyd joined. PDF

Willett
Hecht
Devine

Justice Willett delivered a dissenting opinion, in which Chief Justice Hecht and Justice Devine joined.View Electronic Briefs | Oral Argument | Video PDF

Lehrmann

Justice Lehrmann delivered an opinion concurring in part and dissenting in part. PDF

Court of Appeals

Appellate District:1st Court of Appeals
Outcome Below:Affirmed
COA Docket No.:01-13-00267-CV
Opinion Author:Honorable Sherry Radack

Trial Court

Trial Court:234th District Court
County:Harris
Trial Judge:Honorable Wesley R. Ward
Trial Docket:2010-20973B

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2017-07-28 Mandate issued  
2017-06-16 Court approved judgment sent to attorneys of record Issued
2017-06-16 Opinion issued   Court of Appeals' judgment reversed; cause remanded to trial court
2017-06-16 Concurring and Dissenting Opinion delivered   Issued
2017-06-16 Dissenting opinion issued.   Issued
  This case was awaiting the Court's decision after oral argument between March 10, 2017 and June 16, 2017.  
2017-03-10 Amicus Curiae Letter Received  
2017-03-10 Amicus Curiae Letter Received  
2017-03-10 Post submission brief filed (Respondent)  
2017-02-09 Oral argument  
2017-02-08 Exhibits in case/cause filed (Petitioner)  
2017-01-18 Oral Argument Submission Form from Attorney received  
2017-01-17 Oral Argument Submission Form from Attorney received  
2016-12-23 Case set for oral argument   Case set for oral argument
2016-12-02 Petition for Review disposed Filing granted
2016-12-02 Petition for Review granted
2016-12-02 Case set for oral argument   The date and time for oral argument are yet to be determined.
  This case was pending on merits briefs between August 31, 2016 and December 2, 2016.  
2016-08-31 Reply Brief (Petitioner)  
2016-08-16 Brief on the Merits (Respondent)  
2016-07-28 Motion for Extension of Time disposed.   Filing granted
2016-07-28 Motion for Extension of Time to File Brief filed  
2016-07-26 Case Record Filed  
2016-07-14 Motion for Extension of Time disposed.   Filing granted
2016-07-13 Motion for Extension of Time to File Brief filed  
2016-07-13 Brief on the Merits (Petitioner)  
2016-06-27 Motion for Extension of Time disposed.   Filing granted
2016-06-24 Motion for Extension of Time to File Brief filed  
2016-05-31 Record Requested in Petition for Review  
2016-05-27 Brief on the Merits Requested  
  This case was waiting for a decision about briefing or a possible grant between March 8, 2016 and May 27, 2016.  
2016-03-08 Case forwarded to Court
2016-03-07 Response to Petition (Respondent)  
2016-01-29 Motion for Extension of Time to File Response  
2016-01-29 Motion for Extension of Time to File Response disposed   Filing granted
2016-01-06 Petition for Review (Petitioner)  
2015-12-23 Third Motion for Extension of Time to File Petition for Review disposed   Filing granted
2015-12-23 Third Motion for Extension of Time to File Petition for Review filed  
2015-12-08 Second Motion for Extension of Time to File Petition for Review filed  
2015-12-08 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2015-11-04 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2015-11-04 Motion for Extension of Time to File Petition for Review filed  

Parties

Party Counsel Role
Sandcastle Homes, Inc.
Mr. Bradford Wald Irelan
Mr. Blaine Hummel
Respondent
Cohen, Jay
Mr. James Eloi Doyle
Mr. Kemp W. Gorthey
Ms. Nicole Shirley Bakare
Mr. Joseph L. Lanza
Mr. Charles M. Vethan
Petitioner
Dunlavy, Ltd.
Mr. Joseph L. Lanza
Mr. Charles M. Vethan
Petitioner
Sommers, Ron
Mr. Joseph L. Lanza
Mr. Charles M. Vethan
Petitioner
Flat Stone, Ltd.
Mr. Charles M. Vethan
Mr. Joseph L. Lanza
Petitioner
Flat Stone II, Ltd.
Mr. Joseph L. Lanza
Mr. Charles M. Vethan
Petitioner

Amici Curiae

Amicus Curiae Counsel
Texas Association of Builders
Mr. Manuel (Ned) Munoz, Jr.
Texas Land Title Association
Mr. Aaron Daniel Day
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