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No. 97-0900
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PHAN SON VAN, individually and d/b/a P-ONE FOOD STORE v. ADOLFO PENA, individually and as representative of the ESTATE OF ELIZABETH PENA and MELISSA PENA, individually, and RANDY LEE ERTMAN and SANDRA LEE ERTMAN individually and as personal representatives of the ESTATE OF JENNIFER LEE ERTMAN

Oral argument was held on February 9, 1999. The Court issued an opinion resolving the case on April 1, 1999. It then denied rehearing on June 10, 1999 File Closed

No Opinions

The Court has not issued any opinions in this case.

 

Court of Appeals

Appellate District:1st Court of Appeals
Outcome Below:Reversed & Remanded
COA Docket No.:01-96-00688-CV
Opinion Author:Honorable MICHOL O'CONNOR

Trial Court

Trial Court:190th District Court
County:Harris
Trial Judge:Honorable John P. Devine
Trial Docket:95-01866-B

Entries on SCOTX Orders Lists

None yet

Docket Entries

Date Event Outcome  
1999-06-22 Mandate issued  
1999-06-22 Case Stored  
1999-06-22 Created for Data Conversion -- an event inserted to correspond to the mandate date of a process  
1999-06-10 Motion for Rehearing - Disposed   Overruled
1999-06-10 Motion for Rehearing - Disposed   Overruled
1999-05-11 Motion for Rehearing forwarded  
1999-05-11 Motion for Rehearing  
1999-05-10 Amicus Curiae Brief received  
1999-05-05 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
1999-05-05 MOTION FOR REHEARING DUE TO BE FILED  
1999-05-04 Motion for Extension of Time to File Motion for Rehearing  
1999-04-01 Opinion issued   Court of Appeals' judgment reversed & judgment rendered
1999-04-01 Motion to strike disposed   Overruled
1999-04-01 Court approved judgment sent to attorneys of record  
  This case was awaiting the Court's decision after oral argument between February 9, 1999 and April 1, 1999.  
1999-02-09 Affidavit filed  
1999-02-09 Oral argument  
1999-02-09 Created for Data Conversion -- an event inserted to correspond to the submitted date of a process  
1999-02-09 Created for Data Conversion -- an event inserted to correspond to the submission date of a process  
1999-02-08 Reply Brief (Petitioner)  
1999-02-08 Motion to Strike filed  
1999-02-08 Call received  
1999-02-03 Amicus Curiae Brief received  
  This case was waiting for oral argument between December 3, 1998 and February 3, 1999.  
1998-12-03 Petition for Review disposed   Filing granted
1998-12-03 Petition for Review disposed   Filing granted
1998-12-03 Amount of time allotted for oral argument.  
1998-12-03 Set for Submission  
  This case was pending on merits briefs between October 5, 1998 and December 3, 1998.  
1998-10-05 Motion for Extension of Time disposed.   Filing granted
1998-10-01 Motion for Extension of Time filed  
1998-10-01 Certification (various) in case received  
1998-10-01 Reply Brief (Petitioner)  
1998-09-17 Motion for Extension of Time to File Response disposed   Filing granted
1998-09-17 Motion for Extension of Time to File Response disposed   dismissed as moot
1998-09-17 Response to Petition (Respondent)
1998-09-17 Certification (various) in case received  
1998-09-11 Phone call from Clerk's Office  
1998-09-10 Motion for Extension of Time to File Response  
1998-09-10 No description needed.  
1998-08-19 Motion for Extension of Time to File Response
1998-07-27 Brief on the Merits (Petitioner)  
1998-06-26 Brief on the Merits Requested  
  This case was waiting for a decision about briefing or a possible grant between January 12, 1998 and June 26, 1998.  
1998-01-12 Record Received (See Remarks)  
1997-12-22 Petitioner's reply brief  
1997-12-22 Notice requesting filing fee  
1997-12-12 Record Requested in Petition for Review
1997-12-11 Response to Petition (Respondent)
1997-11-05 Motion for Extension of Time disposed.   Form Letter sent in response to motion for extension of time
1997-11-04 Case forwarded to Court
1997-10-02 Petition for Review (Petitioner)

Parties

Party Counsel Role
PENA, MELISSA
Mr. Matthew J. M. Prebeg
Respondent
ESTATE OF ELIZABETH PENA
Mr. Matthew J. M. Prebeg
Respondent
PENA, ADOLFO
Mr. Matthew J. M. Prebeg
Respondent
ERTMAN, SANDRA LEE
Mr. Ronald Wardell
Mr. Arthur M. Glover Jr.
Respondent
ERTMAN, RANDY LEE
Mr. Matthew J. M. Prebeg
Respondent
ERTMAN, RANDY & SANDRA LEE
Mr. Ronald Wardell
Intervenor
PENA, ESTATE OF ELIZABETH
Mr. Matthew J. M. Prebeg
Respondent
P-ONE FOOD STORE
Mr. William Robert Pilat
Petitioner
ESTATE OF JENNIFER LEE ERTMAN
Mr. Matthew J. M. Prebeg
Respondent
VAN, PHAN SON
Mr. Daniel F. Shank
Petitioner
ERTMAN, ESTATE OF JENNIFER LEE
Mr. Matthew J. M. Prebeg
Respondent
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