Supreme Court of Texas Blog

No. 03-0878
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JUDY TOOKE AND EVERETT TOOKE D/B/A TOOKE AND SONS AND D/B/A NATURE'S WAY ORGANIC LANDSCAPING v. THE CITY OF MEXIA

Oral argument was held on April 21, 2004. The Court issued an opinion resolving the case on June 30, 2006. File Closed

Opinions

June 30, 2006

Hecht
Jefferson
Wainwright
Brister
Medina
Green

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

Oneill

Justice O'Neill delivered a dissenting opinion PDF

Johnson

Justice Johnson delivered an opinion concurring in part and dissenting in part PDF

Court of Appeals

Appellate District:10th Court of Appeals
Outcome Below:REVERSED & REMANDED
COA Docket No.:10-02-00261-CV
Opinion Author:Honorable Rex D. Davis

Trial Court

Trial Court:87th District Court
County:Limestone
Trial Judge:Honorable Sam Bournias
Trial Docket:25,682-B

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2006-09-07 Case Stored  
2006-08-22 Mandate issued  
  This case was waiting for a possible rehearing motion between June 30, 2006 and August 22, 2006.  
2006-06-30 Court approved judgment sent to attorneys of record Issued
2006-06-30 Concurring and Dissenting Opinion delivered Issued
2006-06-30 Opinion issued Court of appeals' judgment affirmed
2006-06-30 Dissenting opinion issued. Issued
  This case was awaiting the Court's decision after oral argument between October 20, 2004 and June 30, 2006.  
2004-10-20 Letter sent to parties from Supreme Court - See Remarks  
2004-09-15 Electronic copies of brief posted to website  
2004-09-08 Amicus Curiae Brief received  
2004-08-17 Electronic copies of brief posted to website  
2004-07-30 Additional citations received. (Petitioner)  
2004-07-02 Amicus Curiae Brief received  
2004-06-22 Amicus Curiae Brief received  
2004-05-21 Response to Motion filed  
2004-05-11 Supreme Court of Texas Requested Response  
2004-05-10 Miscellaneous Motion  
2004-05-07 Amicus Curiae Brief received  
2004-05-06 Amicus Curiae Brief received  
2004-04-23 Electronic copies of brief posted to website  
2004-04-23 Electronic copies of brief posted to website  
2004-04-22 Miscellaneous motion disposed. See Remarks.   Filing dismissed as moot
2004-04-21 Oral argument  
2004-04-19 Miscellaneous motion disposed. See Remarks.   Filing granted
2004-04-19 Miscellaneous Motion  
2004-04-16 Amicus Curiae Brief received  
2004-04-15 Miscellaneous Motion  
2004-04-13 Amicus Curiae Brief received  
2004-04-09 Amicus Curiae Brief received  
2004-03-31 Additional citations received. (Petitioner)  
2004-03-26 Petition for Review disposed Filing granted
2004-03-26 Case set for oral argument Case set for oral argument
2004-03-26 Petition for Review granted
2004-02-12 Record Received (See Remarks)  
2004-02-05 Brief on the Merits (Respondent)  
2004-02-05 Motion for Extension of Time to File Brief filed  
2004-02-05 Motion for Extension of Time disposed.   Filing granted
2004-01-15 Brief on the Merits (Petitioner)  
2003-12-23 Record Requested in Petition for Review  
2003-12-16 Brief on the Merits Requested  
2003-10-31 Motion for Extension of Time to File Response disposed   Filing granted
2003-10-31 Response to Petition (Petitioner)  
2003-10-28 Case forwarded to Court
2003-10-28 Motion for Extension of Time to File Response  
2003-10-28 Phone call from Clerk's Office  
2003-10-28 Notice requesting filing fee  
2003-09-24 Appendix Filed (Petitioner)  
2003-09-24 Notice requesting filing fee  
2003-09-24 Phone call from Clerk's Office  
2003-09-24 Petition for Review (Petitioner)  

Parties

Party Counsel Role
Tooke, Judy
Mr. Brian L. Gibson
Petitioner
Nature's Way Organic Landscaping
Mr. Brian L. Gibson
Petitioner
Tooke and Sons
Mr. Robert Manning Clemons
Petitioner
The City of Mexia
Ms. Kathleen French Dow
Mr. Edward D. Burbach
Mr. Barry Ross McBee
Mr. Charles Buenger
Mr. Rafael Edward Cruz
Attorney General Greg W. Abbott
Respondent
Tooke, Everett
Mr. Brian L. Gibson
Petitioner

Amici Curiae

Amicus Curiae Counsel
Arredondo et al., Anthony
Mr. Bill Boyd
Premier Systems, Inc.
Mr. Eric Weisberg
The Surety Association of America
Mr. P. Michael Jung
United Water Services Inc.
Mr. Craig T. Enoch
Texas State Association of Fire Fighters
Mr. B. Craig Deats
City of Dallas
Ms. Barbara E. Rosenberg
Mr. James B. Pinson
Ms. Madeleine B. Johnson
The State of Texas
Mr. Kristofer S. Monson
...
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