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No. 04-0194
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EMZY T. BARKER, III AND AVA BARKER D/B/A BRUSHY CREEK BRAHMAN CENTER AND BRUSHY CREEK CUSTOM SIRES v. WALTER W. ECKMAN, INDIVIDUALLY AND AS NOMINEE AND TRUSTEE, ECKMAN, INC., AND LARRY ECKMAN

Oral argument was held on November 17, 2005. The Court issued an opinion resolving the case on December 1, 2006. It then denied rehearing on February 23, 2007 File Closed

Opinion

December 1, 2006

Johnson
Jefferson
Hecht
Oneill
Wainwright
Brister
Medina
Green
Willett

Justice Johnson delivered the opinion of the Court PDF

 

Court of Appeals

Appellate District:1st Court of Appeals
Outcome Below:Affirmed
COA Docket No.:01-01-00079-CV
Opinion Author:Honorable Sherry Radack

Trial Court

Trial Court:151st District Court
County:Harris
Trial Judge:Honorable Caroline E. Baker
Trial Docket:97-29163

Docket Entries

Date Event Outcome  
2007-03-01 Case Stored  
2007-02-27 Mandate issued  
2007-02-23 Motion for Rehearing - Disposed Denied
  This case was waiting for a possible rehearing motion between December 18, 2006 and February 23, 2007.  
2006-12-18 Case forwarded to Court
2006-12-18 Motion for Rehearing for pet #2  
2006-12-01 Opinion issued judgments below reversed/remanded tc f/settlement
2006-12-01 Court approved judgment sent to attorneys of record Issued
2006-12-01 Opinion issued   Issued
  This case was awaiting the Court's decision after oral argument between July 3, 2006 and December 1, 2006.  
2006-07-03 Address Change  
  This case was awaiting the Court's decision after oral argument between November 22, 2005 and July 3, 2006.  
2005-11-22 Post submission brief filed (Petitioner)  
2005-11-17 Oral argument  
2005-11-17 Oral argument  
2005-11-14 Additional citations received. (Petitioner)  
2005-11-10 Electronic copies of brief posted to website  
2005-11-10 Phone call from Clerk's Office  
2005-10-04 Electronic copies of brief posted to website  
2005-10-04 Electronic copies of brief posted to website  
2005-10-04 Electronic copies of brief posted to website  
2005-10-04 Electronic copies of brief posted to website  
2005-09-26 Electronic copies of brief posted to website  
2005-09-26 Electronic copies of brief posted to website  
2005-09-26 Electronic copies of brief posted to website  
2005-09-26 Electronic copies of brief posted to website  
2005-09-26 Electronic copies of brief posted to website  
2005-09-16 Petition for Review disposed Filing granted
2005-09-16 Case set for oral argument Case set for oral argument
2005-09-16 Case set for oral argument   Case set for oral argument
2005-09-16 Petition for Review granted
2005-09-16 Petition for Review granted
2005-09-16 Petition for Review disposed Filing granted
  This case was pending on merits briefs between June 24, 2005 and September 16, 2005.  
2005-06-24 Notice from Counsel of a change in address  
  This case was pending on merits briefs between April 26, 2005 and June 24, 2005.  
2005-04-26 Amicus Curiae Brief received  
2005-04-06 Reply Brief (Petitioner)  
2005-04-06 Reply Brief (Petitioner)  
2005-03-22 Brief on the Merits (Respondent)  
2005-03-22 Brief on the Merits (Respondent)  
2005-02-25 Motion for Extension of Time disposed.   Filing granted
2005-02-17 Motion for Extension of Time filed  
2005-02-08 Brief on the Merits (Petitioner)  
2005-02-08 Brief on the Merits (Petitioner)  
2004-12-29 Record Received (See Remarks)  
2004-12-27 Motion for Extension of Time disposed.   Filing granted
2004-12-23 Motion for Extension of Time to File Brief filed  
2004-12-08 Brief on the Merits Requested  
2004-12-08 Record Requested in Petition for Review  
  This case was waiting for a decision about briefing or a possible grant between October 18, 2004 and December 8, 2004.  
2004-10-18 Appendix Filed (Petitioner)  
2004-10-18 Amended Petition for Review filed (Petitioner)  
2004-10-18 Amended Response to Petition for Review filed (Respondent)  
2004-10-06 Motion for Leave to File Amended Petition disposed   Filing granted
2004-10-06 Motion for leave to file brief disposed   Filing granted
2004-10-05 Case forwarded to Court
2004-10-05 Case forwarded to Court
2004-10-04 Motion for Leave to File Amended Brief filed  
2004-10-04 Notice requesting filing fee  
2004-10-04 Phone call from Clerk's Office  
2004-09-27 Motion to reinstate case disposed Filing granted
2004-09-27 Abatement Order Lifted  
2004-09-20 Motion to Reinstate Case filed  
2004-09-20 Phone call from Clerk's Office  
2004-09-20 Notice requesting filing fee  
  This case was abated between June 4, 2004 and September 20, 2004.  
2004-06-04 Order of the Court Issued   Abated due to bankruptcy
2004-06-04 Petition for Review disposed   Matter in Supreme Court of Texas Abated
2004-06-04 Petition for Review disposed Matter in Supreme Court of Texas Abated
2004-05-26 Notice of Bankruptcy  
2004-05-25 Case forwarded to Court
2004-05-13 Petition for Review #2 (Petitioner)  
2004-05-13 Response to Petition (Respondent)  
2004-05-13 Notice requesting filing fee  
2004-05-11 Case forwarded to Court
2004-04-08 Petition for Review (Petitioner)  
2004-04-08 Appendix Filed (Petitioner)  
2004-03-02 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2004-03-01 Motion for Extension of Time to File Petition for Review filed  

Parties

Party Counsel Role
Brushy Creek Brahman Center
Mr. Richard P. Hogan Jr.
Petitioner
Brushy Creek Custom Sires
Mr. Richard P. Hogan Jr.
Petitioner
Eckman, Inc.
Mr. Robert L. Ketchand
Respondent
Barker, Ava
Mr. Richard P. Hogan Jr.
Petitioner
Eckman, Larry
Mr. Robert L. Ketchand
Respondent
Eckman, Walter W.
Ms. Jennifer G. Black
Mr. Robert L. Ketchand
Ms. Constance O'Doherty Barnes
Mr. David Walter Eckman
Respondent
Barker, III, Emzy T.
Mr. Richard P. Hogan Jr.
Mr. Richard N. Evans II
Ms. Jennifer Bruch Hogan
Mr. Mark W. Owen
Honorable Justin Brett Busby
Petitioner

Amicus Curiae

Amicus Curiae Counsel
Texans for Lawsuit Reform
Mr. P. M. Schenkkan
...
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