Supreme Court of Texas Blog

No. 18-0309
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BERKEL & COMPANY CONTRACTORS, INC. v. TYLER LEE, ET AL.

Oral argument was held on September 15, 2020. The Court issued an opinion resolving the case on November 20, 2020. It then denied rehearing on March 13, 2020 File Closed

Opinion

November 20, 2020

Bland
Hecht
Guzman
Lehrmann
Devine
Blacklock
Busby
Huddle

Justice Bland delivered the opinion of the Court. PDF

 

Court of Appeals

Appellate District:14th Court of Appeals
Outcome Below:Reverse & Remand
COA Docket No.:14-15-00787-CV
Opinion Author:Honorable Tracy K. Christopher

Trial Court

Trial Court:149th District Court
County:Brazoria
Trial Judge:Honorable Terri Tipton Holder
Trial Docket:75576-CV

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2021-01-07 Mandate issued  
2020-11-20 Opinion issued   Court affirms in part, reverses in part and renders court of appeals' judgment
2020-11-20 Opinion issued Issued
2020-11-20 Court approved judgment sent to attorneys of record Issued
2020-10-12 Electronic communication sent to Party  
2020-10-12 Phone call from Clerk's Office  
2020-10-12 Case Record Filed
2020-10-02 Post submission brief filed (Petitioner)  
2020-09-24 Post submission brief filed (Respondent)  
2020-09-15 Oral argument  
2020-09-15 Oral argument  
2020-09-11 Exhibits in case/cause filed (Respondent)  
2020-09-04 Submission Schedule
2020-08-21 Oral Argument Submission Form from Attorney received  
2020-08-19 Oral Argument Submission Form from Attorney received  
2020-08-14 Letter sent to parties from Supreme Court - See Remarks  
2020-06-26 Case set for oral argument   Case set for oral argument
2020-06-26 Petition for Review disposed Filing granted
2020-06-26 Case set for oral argument   Case set for oral argument
2020-06-26 Petition Reinstated
2020-06-26 Petition for Review granted
2020-06-19 Petition for Review granted
2020-06-19 Motion for leave to file brief disposed   Filing granted
2020-06-19 Petition for Review disposed   Filing granted
  This case was waiting for a possible rehearing motion between March 25, 2020 and June 19, 2020.  
2020-03-25 Motion for leave to file brief  
2020-03-25 Amicus Curiae Brief received  
2020-03-25 Call received  
2020-03-13 Previous Order of the Court withdrawn  
2020-03-13 Previous Order of the Court withdrawn  
2020-03-13 Motion for Rehearing - Disposed   Filing granted
2020-03-13 Petition Reinstated
2020-03-11 Call received  
  This case was waiting for a decision about a pending motion for rehearing between January 10, 2020 and March 11, 2020.  
2020-01-10 Reply to Response to Motion for Rehearing filed (Petitioner)  
2020-01-06 Response to Motion for Rehearing (Respondent)  
2019-12-06 Motion for Extension of Time to File Response disposed   Filing granted
2019-12-06 Motion for Extension of Time to File Response  
2019-11-22 Supreme Court of Texas Requested Response  
2019-10-22 Case forwarded to Court
2019-10-16 Motion for Rehearing  
2019-09-17 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2019-09-16 Response to Motion filed  
2019-09-16 Electronic communication sent to Party  
2019-09-16 Motion for Extension of Time to File Motion for Rehearing  
2019-08-30 Petition for Review disposed   Denied with Justice not sitting.
2019-08-30 Petition for Review disposed   Denied with Justice not sitting.
  This case was pending on merits briefs between May 3, 2019 and August 30, 2019.  
2019-05-03 Reply Brief (Petitioner)  
2019-04-12 Brief on the Merits (Respondent)  
2019-03-18 Motion for Extension of Time disposed.   Filing granted
2019-03-18 Motion for Extension of Time to File Brief filed  
2019-02-27 Brief on the Merits (Petitioner)  
2019-02-06 Motion for Extension of Time disposed.   Filing granted
2019-02-05 Motion for Extension of Time to File Brief filed  
2019-01-24 Miscellaneous motion disposed. See Remarks.   Filing granted
2019-01-14 Response to Motion filed  
2019-01-11 Miscellaneous Motion  
2019-01-11 Electronic communication received from Party  
2019-01-11 Electronic communication sent to Party  
2019-01-04 Motion for Extension of Time to File Brief filed  
2019-01-04 Motion for Extension of Time disposed.   Filing granted
2018-12-14 Brief on the Merits Requested  
2018-11-27 Reply to Response  
2018-11-12 Response to Petition (Respondent)  
2018-10-12 Supreme Court of Texas Requested Response  
2018-09-11 Case forwarded to Court
2018-09-11 Case forwarded to Court
2018-09-04 Response to Petition (Respondent)  
2018-08-07 Motion for Extension of Time to File Response disposed   Filing granted
2018-08-07 Motion for Extension of Time to File Response  
2018-07-18 Response Waiver filed  
2018-07-18 Petition for Review #2  
2018-06-21 Corrected Petition (Petitioner)  
2018-06-21 Letter Filed  
2018-06-20 Petition for Review (Petitioner)  
2018-05-14 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2018-05-14 Second Motion for Extension of Time to File Petition for Review filed  
2018-04-02 Court reporter/recorder's record
2018-04-02 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2018-04-02 Clerk's Record
2018-04-02 Court reporter/recorder's record
2018-04-02 Motion for Extension of Time to File Petition for Review filed  
2018-04-02 Court reporter/recorder's record
2018-04-02 Court reporter/recorder's record
2018-04-02 Court reporter/recorder's record
2018-04-02 Court reporter/recorder's record
2018-04-02 Court reporter/recorder's record
2018-04-02 Court reporter/recorder's record
2018-04-02 Court reporter/recorder's record
2018-04-02 Court reporter/recorder's record
2018-04-02 Court reporter/recorder's record
2018-04-02 Court reporter/recorder's record
2018-04-02 Clerk's Record
2018-04-02 Supplement to Clerk's/Reporter's Record

Parties

Party Counsel Role
Tyler Lee and Leigh Ann Lee, Individually and as Next Friend of S.R.L., Minor
Mr. Steven D. Selbe
Mr. Kyle A. Lawrence
Mr. Kurt Brynilde Arnold
Mr. Joshua S. Smith
Mr. William Powers Jr.
Mr. Russell S. Post
Justin R. Gilbert
Mr. Matthew Paul Skrabanek
Mr. Jonathan K. Findley
 Respondent
Maxim Crane Works, L.P.
Ms. Ann E. Knight
Mr. Jeffrey L. Diamond
 Other Interested Party
Berkel & Company Contractors, Inc.
Mr. Thomas C. Wright
Mr. Reagan W. Simpson
Mr. Andrew T. McKinney IV
Mr. Randy E. Moore
Duane Douglas Mena II
Mr. Brian J. Cathey
Mr. Garrett Gibson
Ms. Brittany R. Greger
Ms. Jessica Zavadil Barger
 Petitioner

Amici Curiae

Amicus Curiae Counsel
Martha Escobedo, Individually, and as Representative of The Estate of Fabian Escobedo
Mr. Stuart J. Starry
Escobedo, San Juanita
Mr. Stuart J. Starry
Escobedo, Primitivo
Mr. Stuart J. Starry
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