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No. 02-0090
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UTICA NATIONAL INSURANCE COMPANY OF TEXAS v. AMERICAN INDEMNITY COMPANY AND TEXAS PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIATION

Oral argument was held on January 15, 2003. The Court issued an opinion resolving the case on July 9, 2004. It then denied rehearing on September 3, 2004 File Closed

Opinions

July 9, 2004

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Jefferson
Oneill
Wainwright
Brister
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Chief Justice Phillips delivered the opinion of the Court, joined by Justice O'Neill, Justice Jefferson, Justice Schneider, Justice Wainwright, Justice Smith, and Justice Brister PDF

Hecht
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Justice Hecht delivered a dissenting opinion, joined by Justice Owen PDF

 

Court of Appeals

Appellate District:3rd Court of Appeals
Outcome Below:Affirmed
COA Docket No.:03-01-00045-CV
Opinion Author:Honorable Mack Kidd

Trial Court

Trial Court:201st District Court
County:Travis
Trial Judge:
Trial Docket:98-14026

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2004-09-17 Case Stored  
2004-09-10 Mandate issued  
2004-09-03 Motion for Rehearing - Disposed Denied
2004-09-03 Both motions for rehearing disposed of Denied
2004-08-25 Motion for Rehearing for pet #2  
2004-08-25 Case forwarded to Court
2004-08-20 Amicus Curiae Brief received  
2004-08-19 Response to Motion for Rehearing (Petitioner)  
2004-07-27 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2004-07-23 Motion for Extension of Time to File Motion for Rehearing  
2004-07-22 Case forwarded to Court
2004-07-22 Motion for Rehearing  
2004-07-09 Opinion issued Court of Appeals' judgment reversed and remanded to trial court
2004-07-09 Previous Order of the Court withdrawn  
2004-07-09 Court approved judgment sent to attorneys of record
2004-07-09 Dissenting opinion issued.   Issued
2004-07-09 Opinion issued   Court of Appeals' judgment reversed and remanded to trial court
  This case was waiting for a possible rehearing motion between March 24, 2004 and July 9, 2004.  
2004-03-24 Letter brief (Petitioner)  
2004-03-24 Amicus Curiae Letter Received  
2004-03-11 Letter brief (Respondent)  
2004-03-02 Amicus Curiae Letter Received  
2004-02-27 Letter brief (Petitioner)  
  This case was waiting for a possible rehearing motion between December 19, 2003 and February 27, 2004.  
2003-12-19 Rehearing of cause granted
2003-12-19 Rehearing of cause granted
2003-12-19 Motion for Rehearing - Disposed Filing granted
2003-12-19 Motion for Rehearing - Disposed   Filing granted
2003-11-18 Letter brief (Petitioner)  
2003-10-17 Amicus Curiae Letter Received  
  This case was waiting for a decision about a pending motion for rehearing between August 6, 2003 and October 17, 2003.  
2003-08-06 Response to Motion filed  
2003-08-06 Additional cites or additional authorities  
2003-07-25 Notice received  
2003-07-18 Conditional motion for rehearing   No description available.
2003-07-18 Motion for Rehearing forwarded  
2003-07-18 Motion for Rehearing forwarded  
2003-07-18 Motion for Rehearing  
2003-07-18 Motion for Rehearing  
2003-07-15 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2003-07-11 Notice from Counsel of a change in address  
2003-07-11 Motion for Extension of Time to File Motion for Rehearing  
2003-07-09 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2003-07-09 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2003-07-08 Motion for Extension of Time to File Motion for Rehearing  
2003-07-08 Motion for Extension of Time to File Motion for Rehearing  
2003-06-26 Opinion issued   CA IS AFF/PT REV/PT REM TO TC
2003-06-26 Order of the Court Issued   Court of Appeals Opinion ordered published
2003-06-26 Dissenting opinion issued.   Issued
2003-06-26 Opinion issued   CA IS AFF/PT REV/PT REM TO TC
  This case was awaiting the Court's decision after oral argument between January 15, 2003 and June 26, 2003.  
2003-01-15 Created for Data Conversion -- an event inserted to correspond to the submitted date of a process  
2003-01-15 Oral argument  
2003-01-15 Created for Data Conversion -- an event inserted to correspond to the submission date of a process  
2003-01-15 Exhibits in case/cause filed (Petitioner)  
2003-01-08 Notice from Counsel of a change in address  
2003-01-08 Phone call from Clerk's Office  
2002-12-17 Call received  
2002-10-31 Amount of time allotted for oral argument.  
2002-10-31 Set for Submission  
2002-10-18 Electronic copies of brief posted to website  
2002-10-18 Electronic copies of brief posted to website  
2002-10-17 Electronic copies of brief posted to website  
2002-10-10 Petition for Review disposed   Filing granted
2002-10-10 Petition for Review disposed   Filing granted
2002-08-29 Reply Brief (Petitioner)  
2002-08-26 Notice from Counsel of a change in address  
2002-08-26 Letter Filed  
2002-08-14 Brief on the Merits (Respondent)  
2002-08-14 Brief on the Merits (Respondent)  
2002-07-25 Brief on the Merits (Petitioner)  
2002-07-09 Motion for Extension of Time disposed.   Filing granted
2002-07-08 Motion for Extension of Time to File Brief filed  
2002-06-12 Record Received (See Remarks)  
2002-06-11 Record Requested in Petition for Review  
2002-06-11 Brief on the Merits Requested  
2002-06-07 Reply to Response (Petitioner)  
2002-05-23 Response to Petition (Respondent)  
2002-04-29 Response to Petition (Respondent)  
2002-04-02 Response to petition, motion, etc. due  
2002-04-02 Motion for Extension of Time disposed.   Filing granted
2002-04-01 Motion for Extension of Time to File Response  
2002-03-29 Supreme Court of Texas Requested Response  
2002-03-05 Case forwarded to Court
2002-03-01 Response Waiver filed  
2002-02-20 Response Waiver filed  
2002-02-19 Amicus Curiae Letter Received  
2002-01-31 Petition for Review (Petitioner)  
2002-01-31 Appendix Filed (Petitioner)  

Parties

Party Counsel Role
AMERICAN INDEMNITY COMPANY
Mr. Thomas D. Caudle
Respondent
UTICA NATIONAL INSURANCE COMPA
Mr. Douglas W. Alexander
Mr. Alexander N. Beard
Mr. E. Thomas Bishop
Mr. Michael A. Hummert
Honorable J. Woodfin 'Woodie' Jones
Petitioner
TEXAS PROPERTY & CASUALTY INSU
Mr. Daniel Jordan
Respondent
UTICA NATIONAL INSURANCE CO.
Mr. Kevin H. Dubose
Ms. Dana Livingston
Petitioner

Amici Curiae

Amicus Curiae Counsel
Smith, Randall L.
Mr. Randall L. Smith
Simpson, Fred A.
Mr. Fred A. Simpson
HOGUE, P.C. ROBERT G.
Mr. Robert G. Hogue
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