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No. 03-0913
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KROGER TEXAS LIMITED PARTNERSHIP AND ROBERT MOODY v. THERESA SUBERU

Oral argument was held on November 9, 2004. The Court issued an opinion resolving the case on May 5, 2006. It then denied rehearing on September 22, 2006 File Closed

Opinions

May 5, 2006

Jefferson
Hecht
Oneill
Wainwright
Brister
Green
Willett

Chief Justice Jefferson delivered the opinion of the Court, joined by Justice Hecht, Justice O'Neill, Justice Wainwright, Justice Brister, Justice Green, and Justice Willett PDF

Johnson
Wainwright
Medina

Justice Johnson delivered a concurring and dissenting opinion, joined by Justice Medina, and by Justice Wainwright as to Part III PDF

 

Court of Appeals

Appellate District:5th Court of Appeals
Outcome Below:Affirmed
COA Docket No.:05-02-00818-CV
Opinion Author:Honorable Molly Meredith Francis

Trial Court

Trial Court:298th District Court
County:Dallas
Trial Judge:Honorable Adolph Canales
Trial Docket:00-4462-M

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2006-10-13 Case Stored  
2006-09-27 Mandate issued  
2006-09-22 Motion for Rehearing - Disposed Denied
2006-08-28 Response to Motion for Rehearing (Petitioner)  
  This case was waiting for a decision about a pending motion for rehearing between June 23, 2006 and August 28, 2006.  
2006-06-23 Case forwarded to Court
2006-06-23 Motion for Rehearing - Filed  
2006-05-25 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2006-05-24 Motion for Extension of Time to File Motion for Rehearing (Respondent)  
2006-05-05 Opinion issued Court of Appeals' judgment reversed & judgment rendered
2006-05-05 Court approved judgment sent to attorneys of record Issued
2006-05-05 Concurring and Dissenting Opinion delivered Issued
  This case was awaiting the Court's decision after oral argument between November 9, 2004 and May 5, 2006.  
2004-11-09 Oral argument  
2004-09-22 Electronic copies of brief posted to website (Respondent)  
2004-09-22 Electronic copies of brief posted to website (Amicus Curiae)  
2004-09-22 Electronic copies of brief posted to website (Petitioner)  
2004-09-22 Electronic copies of brief posted to website (Petitioner)  
2004-09-10 Petition for Review granted
2004-09-10 Case set for oral argument   Case set for oral argument
2004-09-10 Petition for Review disposed   Filing granted
  This case was pending on merits briefs between July 15, 2004 and September 10, 2004.  
2004-07-15 Reply brief filed (Petitioner)  
2004-07-09 Amicus Curiae Letter Received  
2004-07-07 Motion for Extension of Time disposed.   Filing granted
2004-07-01 Motion for extension of time to file brief. (Petitioner)  
2004-06-23 Letter Filed  
2004-06-16 Brief filed (Respondent)  
2004-06-16 Amended Certificate (Respondent)  
2004-05-14 Motion for extension of time to file brief. (Respondent)  
2004-05-14 Motion for Extension of Time disposed. (Respondent)   Filing granted
2004-04-27 Brief filed (Petitioner)  
2004-03-30 Motion for Extension of Time disposed. (Petitioner)   Filing granted
2004-03-29 Motion for extension of time to file brief. (Petitioner)  
2004-03-10 Record Received (See Remarks)  
2004-03-02 Description of document returned to Supreme Court  
2004-02-26 Brief on the Merits Requested  
2004-02-25 Record Requested in Petition for Review  
2004-02-17 Reply filed (Petitioner)  
2004-02-11 Address Change  
2004-01-30 Response to Petition for Review filed (Respondent)  
2004-01-29 Call received (Respondent)  
2004-01-28 m/l/f supplemental petition disposed   Filing granted
2004-01-23 Supplement to petition in original proceeding or petition for review (Petitioner)  
2004-01-23 m/l/f supplemental petition filed (Petitioner)  
2004-01-22 Call received (Respondent)  
2003-12-11 Motion for Extension of Time disposed.   Filing granted
2003-12-08 Motion for Extension of Time to File Response (Respondent)  
2003-12-01 Supreme Court of Texas Requested Response  
2003-11-04 Case forwarded to Court
2003-11-03 Response to Petition for Review waived (Respondent)  
2003-10-17 Petition for Review filed (Petitioner)  
2003-10-17 Appendix Filed (Petitioner)  
2003-10-10 Certification (various) in case received (Respondent)  
2003-10-10 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2003-10-10 Notice from Counsel of a change in address (Respondent)  
2003-10-07 Call received (Respondent)  
2003-10-06 Motion for Extension of Time to File Petition for Review filed (Petitioner)  

Parties

Party Counsel Role
Moody, Robert
Ms. Amber L. Slayton
Petitioner
Suberu, Theresa
Mr. Thomas J. Stutz
Mr. Thomas B. 'Tom' Cowart
Respondent
Kroger Texas Limited Partnership
Ms. Amber L. Slayton
Ms. Donna C. Peavler
Petitioner

Amicus Curiae

Amicus Curiae Counsel
Arkoma Basin Exploration Company
Mr. P. Michael Jung
 
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