Supreme Court of Texas Blog

No. 02-0381
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F.F.P. OPERATING PARTNERS, L.P. D/B/A MR. CUT RATE #602 v. XAVIER DUENEZ, AND WIFE, IRENE DUENEZ, AS NEXT FRIENDS OF CARLOS DUENEZ AND PABLO DUENEZ, MINORS

Oral argument was held on November 30, 2005. The Court issued an opinion resolving the case on September 3, 2004. It then denied rehearing on May 11, 2007 File Closed

Opinions

May 11, 2007

Wainwright
Hecht
Brister
Medina
Green
Johnson
Willett

Justice Wainwright delivered the opinion of the Court, joined by Justice Hecht, Justice Brister, Justice Medina, Justice Green, Justice Johnson, and Justice Willett PDF

Jefferson

Chief Justice Jefferson delivered a dissenting opinion PDF

Oneill

Justice O'Neill delivered a dissenting opinion PDF

Withdrawn Opinions

The opinions below have been withdrawn by order of the Court.

September 3, 2004

Oneill

Opinion of the Court delivered by Justice O'Neill PDF

Placeholder

Dissenting opinion delivered by Justice Owen PDF

Court of Appeals

Appellate District:13th Court of Appeals
Outcome Below:Affirmed
COA Docket No.:13-00-00466-CV
Opinion Author:Honorable LINDA REYNA YANEZ

Trial Court

Trial Court:Calhoun County Court
County:Calhoun
Trial Judge:Honorable Alex R. Hernandez
Trial Docket:97-CV-255

Docket Entries

Date Event Outcome  
2007-12-11 Case Stored  
  This case was abated between July 17, 2007 and December 11, 2007.  
2007-07-17 Mandate issued  
  This case was abated between May 11, 2007 and July 17, 2007.  
2007-05-11 Dissenting Opinion substituted for prior dissent   Issued
2007-05-11 Motion for Rehearing - Disposed Denied
2007-05-11 Previous opinion withdrawn  
2007-05-11 Previous opinion withdrawn  
2007-05-11 Previous opinion withdrawn  
2007-05-11 New majority opinion substituted for prior opinion   Issued
2007-05-11 Dissenting Opinion substituted for prior dissent   Issued
  This case was abated between December 18, 2006 and May 11, 2007.  
2006-12-18 Amicus Curiae Letter Received  
2006-12-12 Motion for Rehearing  
2006-12-12 Case forwarded to Court
2006-12-06 Address Change  
2006-12-04 Description of document returned to Supreme Court  
2006-11-21 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2006-11-16 Motion for Extension of Time to File Motion for Rehearing  
2006-11-03 New majority opinion substituted for prior opinion   Court of Appeals' judgment reversed and remanded to trial court
2006-11-03 Court approved judgment sent to attorneys of record   Issued
2006-11-03 Dissenting opinion issued.   Issued
2006-11-03 Judgment Withdrawn   Withdrawn
2006-11-03 Dissenting opinion issued.   Issued
2006-11-03 Previous opinion withdrawn   Withdrawn
2006-11-03 Previous opinion withdrawn   Withdrawn
  This case was abated between November 30, 2005 and November 3, 2006.  
2005-11-30 Oral argument  
  This case was abated between September 30, 2005 and November 30, 2005.  
2005-09-30 Submission reset   Case set for oral argument
2005-09-30 Motion to re-set submission date disposed   Filing granted
2005-09-29 Motion to re-set submission date filed.  
2005-09-26 Phone call from Clerk's Office  
2005-09-12 Phone call from Clerk's Office  
  This case was abated between June 10, 2005 and September 12, 2005.  
2005-06-10 Case set for oral argument   Case set for oral argument
  This case was abated between April 18, 2005 and June 10, 2005.  
2005-04-18 Electronic copies of brief posted to website  
2005-04-18 Electronic copies of brief posted to website  
2005-04-18 Phone call from Clerk's Office  
2005-04-08 Rehearing of cause granted
2005-04-08 Motion for Severance disposed   Filing dismissed as moot
2005-04-08 Case set for oral argument   The date and time for oral argument are yet to be determined.
2005-04-08 Motion for Rehearing - Disposed Filing granted
2005-03-04 Amicus Curiae Brief received  
2005-02-22 Surreply filed (Respondent)  
2005-02-16 Reply to Response (Petitioner)  
2005-02-07 Supreme Court of Texas Requested Response  
2005-02-04 Letter Filed  
2005-02-03 Response to Motion filed  
2005-01-28 Notice requesting filing fee  
2005-01-27 Motion for Severance filed  
2005-01-27 Call received  
2005-01-26 Letter Received  
2005-01-20 Letter Received  
2004-12-28 Amicus Curiae Letter Received  
2004-12-28 Phone call from Clerk's Office  
2004-12-20 Reply to Response (Petitioner)  
2004-12-17 Amicus Curiae Brief received  
2004-12-13 Amicus Curiae Brief received  
2004-12-08 Amicus Curiae Brief received  
2004-11-24 Response to Motion for Rehearing (Respondent)  
2004-11-17 Miscellaneous motion disposed. See Remarks.   Filing granted
2004-11-17 Miscellaneous motion disposed. See Remarks.   Filing granted
2004-11-16 Amicus Curiae Brief received  
2004-11-16 Miscellaneous Motion  
2004-11-16 Miscellaneous Motion  
2004-11-15 Motion for Extension of Time disposed.   Filing granted
2004-11-10 Motion for Extension of Time to File Response  
2004-10-29 Supreme Court of Texas Requested Response  
2004-10-20 Call received  
2004-10-20 Phone call from Clerk's Office  
2004-10-19 Call received  
2004-10-19 Phone call from Clerk's Office  
2004-10-19 Motion for Rehearing  
2004-10-19 Case forwarded to Court
2004-09-13 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2004-09-08 Motion for Extension of Time to File Motion for Rehearing  
2004-09-03 Court approved judgment sent to attorneys of record   Withdrawn
2004-09-03 Dissenting opinion issued.   Withdrawn
2004-09-03 Opinion issued   Withdrawn
2004-08-18 Additional citations received. (Respondent)  
  This case was abated between February 27, 2004 and August 18, 2004.  
2004-02-27 Petition Reinstated  
2004-02-27 Miscellaneous motion disposed. See Remarks.   Filing granted
2004-02-27 Motion to dismiss disposed Denied
2004-02-26 Amendment to Motion filed  
2004-02-20 Response to Motion filed  
2004-02-20 Motion to Reinstate Case filed  
2004-02-11 Motion to dismiss  
2004-02-11 Notice requesting filing fee  
2004-02-11 Notice received  
2004-02-02 Abatement Order Issued Issued
2004-01-15 Notice of Bankruptcy  
2004-01-12 Phone call from Clerk's Office  
2003-12-18 Notice of Bankruptcy  
  This case was awaiting the Court's decision after oral argument between October 1, 2003 and December 18, 2003.  
2003-10-01 Response to Petition (Petitioner)  
  This case was awaiting the Court's decision after oral argument between August 7, 2003 and October 1, 2003.  
2003-08-07 Electronic copies of brief posted to website  
2003-08-07 Amicus Curiae Brief received  
2003-07-01 Additional cites or additional authorities  
  This case was awaiting the Court's decision after oral argument between March 5, 2003 and July 1, 2003.  
2003-03-05 Oral argument  
2003-03-05 Created for Data Conversion -- an event inserted to correspond to the submitted date of a process  
2003-03-05 Exhibits in case/cause filed (Respondent)  
2003-02-24 Notice from Counsel of a change in address  
2003-01-07 Electronic copies of brief posted to website  
2002-12-20 Electronic copies of brief posted to website  
2002-12-20 Electronic copies of brief posted to website  
2002-12-20 Electronic copies of brief posted to website  
2002-12-20 Electronic copies of brief posted to website  
2002-12-13 Electronic copies of brief posted to website  
2002-12-12 Set for Submission  
2002-12-12 Created for Data Conversion -- an event inserted to correspond to the submission date of a process  
2002-12-12 Amount of time allotted for oral argument.  
2002-12-12 Petition for Review disposed   Filing granted
2002-12-12 Petition for Review disposed Filing granted
2002-12-02 Petition for Review granted
2002-10-29 Amicus Curiae Brief received  
2002-10-21 Reply Brief (Petitioner)  
2002-10-17 Letter Filed  
2002-10-11 Waiver of Brief on the Merits (Respondent)  
2002-10-03 Brief on the Merits (Respondent)  
2002-09-23 Motion for Extension of Time disposed.   Filing granted
2002-09-23 Motion for Extension of Time to File Brief filed  
2002-09-11 Motion for Extension of Time disposed.   Filing granted
2002-09-11 Motion for Extension of Time to File Brief filed  
2002-09-03 Brief on the Merits (Petitioner)  
2002-08-01 Motion for Extension of Time disposed.   Filing granted
2002-08-01 Record Received (See Remarks)  
2002-07-31 Motion for Extension of Time to File Brief filed  
2002-07-03 Record Requested in Petition for Review  
2002-07-03 Brief on the Merits Requested  
2002-06-24 Amicus Curiae Brief received  
2002-06-07 Amicus Curiae Brief received  
2002-06-04 Reply to Response (Petitioner)  
2002-06-04 Response to Petition (Respondent)  
2002-05-28 Amicus Curiae Brief received  
2002-05-21 Case forwarded to Court
2002-05-16 Response to Petition (Respondent)  
2002-04-29 Appendix Filed (Petitioner)  
2002-04-29 Petition for Review (Petitioner)  

Parties

Party Counsel Role
F.F.P. OPERATING PARTNERS, L.P
Mr. Russell H. McMains
Mr. Reagan W. Simpson
Mr. Mike A. Hatchell
Petitioner
DUENEZ, ASHLEY (MINOR)
Mr. David Roberts
Respondent
DUENEZ, CARLOS (MINOR)
Mr. David Roberts
Respondent
DUENEZ, IRENE
Ms. Christa Brown
Ms. Cynthia T. Sheppard
Mr. David C. Griffin
Mr. John W. Griffin Jr.
Respondent
DUENEZ, PABLO (MINOR)
Ms. Wanda Buxkemper Roberts
Respondent
DUENEZ, XAVIER
Mr. David C. Griffin
Mr. John W. Griffin Jr.
Respondent

Amici Curiae

Amicus Curiae Counsel
American Tort Reform Association
Ms. Emily J. Laird
Mr. Manuel López
Mr. Victor E. Schwartz
MOTHERS AGAINST DRUNK DRIVING
Mr. Oscar H. Villarreal
SALTGRASS STEAKHOUSE PRIVATE
Mr. Gregory J. Lensing
TEXAS CIVIL JUSTICE LEAGUE
Mr. Arthur C. Reyna Jr.
TEXAS RESTAURANT ASSOCIATION
Mr. Glen Garey
WACO TEXAS MANAGEMENT, INC.
Mr. James E. Rensimer
ConocoPhillips Company
Mr. Edward J. Murphy
Texans for Lawsuit Reform
Mr. E. Lee Parsley
Pizza Properties LTD
Mr. Grant E. Adami III
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