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No. 02-1084
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IN RE BURLINGTON COAT FACTORY WAREHOUSE OF MCALLEN, INC.

The Court requested full merits briefing on November 26, 2002. The Court issued an opinion resolving the case on July 1, 2005. File Closed

Opinions

July 1, 2005

Jefferson
Hecht
Wainwright
Brister
Medina
Green

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

Oneill
Johnson

Justice O'Neill delivered a dissenting opinion, joined by Justice Johnson as to Part I PDF

 

Court of Appeals

Appellate District:13th Court of Appeals
Outcome Below:Denied
COA Docket No.:13-02-00633-CV

Trial Court

Trial Court:County Court at Law No 2
County:Hidalgo
Trial Judge:Honorable Rudy Gonzales
Trial Docket:CL-37,904-B

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2005-08-18 Certified cys of cost bill sent to attys of record  
2005-08-18 Case Stored  
2005-07-21 Document received (See Remarks)  
2005-07-01 Motion to dismiss disposed   Filing dismissed as moot
2005-07-01 Motion for temporary relief disposed   Dismissed without prejudice.
2005-07-01 Motion for contempt disposed.   Filing dismissed as moot
2005-07-01 Dissenting opinion issued.   Issued
2005-07-01 Opinion issued   Writ of Mandamus conditionally granted
2005-07-01 MANDAMUS GRANT - 52.8
2005-07-01 Miscellaneous motion disposed. See Remarks.   Denied
2005-07-01 Petition for Writ of Mandamus disposed Petition granted pursuant to TRAP 52.8(c)
2005-07-01 Stay Order lifted  
  This case was pending on merits briefs between April 16, 2004 and July 1, 2005.  
2004-04-16 Motion for Extension of Time to File Response disposed   Filing granted
2004-04-15 Motion for Extension of Time to File Response (Real Parties in Interest)  
2004-04-15 Response to Motion filed (Real Parties in Interest)  
2004-04-12 Response to Motion filed  
2004-03-30 Supreme Court of Texas Requested Response
2004-03-16 Document received (See Remarks) (Relator)  
2004-03-15 Phone call from Clerk's Office (Relator)  
2004-03-15 Notice received (Relator)  
2004-03-15 Motion for temporary relief (Relator)  
2004-03-15 Motion to dismiss filed (Relator)  
2004-03-15 Notice requesting filing fee (Relator)  
  This case was pending on merits briefs between April 28, 2003 and March 15, 2004.  
2003-04-28 Notice received (Relator)  
2003-04-28 Response to Petition for Review filed  
2003-04-25 Court reporter/recorder's record  
2003-04-25 Notice of Bankruptcy (Respondent)  
2003-04-25 notice to remove case to federal court (Respondent)  
2003-04-22 Phone call from Clerk's Office (Respondent)  
2003-04-07 Certification (various) in case received (Respondent)  
2003-04-02 Stay Order issued  
2003-04-01 Phone call from Clerk's Office  
2003-03-27 Reply filed (Respondent)  
2003-03-26 Response to Petition for Review filed (Relator)  
2003-03-26 Phone call from Clerk's Office (Respondent)  
2003-03-20 Supreme Court of Texas Requested Response  
2003-03-20 Phone call from Clerk's Office  
2003-03-19 Letter Filed (Respondent)  
2003-03-14 Response to Petition for Review filed (Respondent)  
2003-03-14 Miscellaneous motion filed. (Respondent)  
2003-03-13 Motion for Extension of Time disposed.   Denied
2003-03-12 Reply filed (Respondent)  
2003-03-11 Response to Motion filed (Relator)  
2003-03-10 Motion for Extension of Time filed (Respondent)  
2003-03-10 Notice requesting filing fee  
2003-03-04 Letter Filed (Respondent)  
2003-02-28 Court reporter/recorder's record  
2003-02-26 Response to Petition for Review filed  
2003-02-24 Supplement to Motion filed (Relator)  
2003-02-24 Notice received (Relator)  
2003-02-21 Supplement to Motion filed (Relator)  
2003-02-21 Response to Motion filed (Respondent)  
2003-01-30 Call received  
2003-01-24 Brief filed (Respondent)  
2003-01-24 Miscellaneous motion disposed. See Remarks.   Denied
2003-01-24 Motion for Extension of Time disposed.   Filing granted
2003-01-24 Order of the Court Issued  
2003-01-24 Phone call from Clerk's Office (Respondent)  
2003-01-24 Motion for extension of time to file brief. (Respondent)  
2003-01-14 Response to Motion filed (Relator)  
2003-01-09 Notice requesting filing fee  
2003-01-09 Miscellaneous motion filed. (Respondent)  
2003-01-09 Court reporter/recorder's record  
2003-01-08 Motion for Extension of Time disposed.   Filing granted
2003-01-08 Response to Motion filed (Relator)  
2003-01-07 Motion for extension of time to file brief. (Respondent)  
2003-01-07 Phone call from Clerk's Office  
2002-12-31 Order of the Court Issued  
2002-12-30 Letter Filed (Respondent)  
2002-12-27 Order from Lower Court filed  
2002-12-27 Response to Petition for Review filed  
2002-12-19 Response to Motion filed (Respondent)  
2002-12-18 Brief filed (Relator)  
2002-11-26 Order of the Court Issued  
2002-11-26 Brief on the Merits Requested  
2002-11-25 Motion for Contempt (Relator)  
2002-11-25 Reply filed (Relator)  
2002-11-21 Response to Petition for Writ of Mandamus Filed (Respondent)  
2002-11-19 Supreme Court of Texas Requested Response  
2002-11-19 Petition for Writ of Mandamus filed (Relator)  
2002-11-19 Motion for temporary relief (Relator)  
2002-11-19 Motion for temporary relief disposed   Filing granted
2002-11-19 Appendix Filed (Relator)  
2002-11-19 Stay Order issued  

Parties

Party Counsel Role
GARCIA, EVANGELINA
Mr. William E. Corcoran
Mr. Keith C. Livesay
Mr. Frank G. Davila
Respondent
BURLINGTON COAT FACTORY WAREHO
Mr. Javier Gonzalez
Mr. Nicholas Arthur Parma
Mr. Chester J. Makowski
Mr. Jon D. Brooks
Mr. Keith N. Uhles
Relator
 
 
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