Supreme Court of Texas Blog

No. 04-0429
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LEXINGTON INSURANCE COMPANY, LANDMARK INSURANCE COMPANY, AND AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY v. CAROLE KEETON STRAYHORN, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS, AND GREG ABBOTT, ATTORNEY GENERAL OF THE STATE OF TEXAS

Oral argument was held on September 28, 2005. The Court issued an opinion resolving the case on December 1, 2006. File Closed

Opinion

December 1, 2006

Brister
Hecht
Oneill
Wainwright
Medina
Green
Johnson
Willett

Justice Brister delivered the opinion of the Court PDF

 

Court of Appeals

Appellate District:3rd Court of Appeals
Outcome Below:Reversed/Remand
COA Docket No.:03-03-00169-CV
Opinion Author:Honorable Bea Ann Smith

Trial Court

Trial Court:250th District Court
County:Travis
Trial Judge:Honorable Charles F. Campbell
Trial Docket:GN100569

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2007-01-29 Case Stored  
2007-01-24 Mandate issued  
  This case was waiting for a possible rehearing motion between December 1, 2006 and January 24, 2007.  
2006-12-01 Court approved judgment sent to attorneys of record Issued
2006-12-01 Opinion issued Court of Appeals' judgment affirmed/remanded to trial court
  This case was awaiting the Court's decision after oral argument between October 21, 2005 and December 1, 2006.  
2005-10-21 Electronic copies of brief posted to website  
2005-10-18 Amicus Curiae Brief received  
2005-10-18 Electronic copies of brief posted to website  
2005-09-28 Oral argument  
2005-09-27 Exhibits in case/cause filed (Petitioner)  
2005-09-27 Amicus Curiae Brief received  
2005-09-27 Electronic copies of brief posted to website  
2005-09-26 Response to Amicus Curiae Brief filed (Petitioner)  
2005-09-06 Amicus Curiae Brief received  
2005-09-06 Electronic copies of brief posted to website  
  This case was waiting for oral argument between June 17, 2005 and September 6, 2005.  
2005-06-17 Electronic copies of brief posted to website  
2005-06-10 Case set for oral argument   Case set for oral argument
2005-06-07 Electronic copies of brief posted to website  
2005-05-27 Miscellaneous motion disposed. See Remarks.   Filing granted
2005-05-27 Case set for oral argument The date and time for oral argument are yet to be determined.
2005-05-27 Petition for Review disposed Filing granted
2005-05-27 Motion to strike disposed   Denied with Justice not sitting.
2005-05-27 Motion to strike disposed   Filing granted in part and denied in part
2005-05-27 Petition for Review granted
2005-04-13 Response to Motion filed  
2005-04-11 Call received  
2005-04-07 Supplement to Motion filed  
2005-03-24 Sealed document filed in case  
2005-03-23 Reply to Response (Petitioner)  
2005-03-23 Reply to Response (Petitioner)  
2005-03-23 Motion to Strike filed  
2005-03-17 Response to Motion filed  
2005-03-17 Response to Motion filed  
2005-03-17 Response to Motion filed  
2005-03-07 Supreme Court of Texas Requested Response  
2005-03-04 Affidavit filed  
2005-03-03 Motion to Strike filed  
2005-03-03 Miscellaneous Motion  
2005-02-18 Amicus Curiae Brief received  
2005-02-03 Electronic copies of brief posted to website  
2005-02-03 Electronic copies of brief posted to website  
2005-01-28 Electronic copies of brief posted to website  
2005-01-28 Electronic copies of brief posted to website  
2005-01-28 Electronic copies of brief posted to website  
2005-01-28 Electronic copies of brief posted to website  
2005-01-27 Reply Brief (Petitioner)  
2005-01-26 Electronic copies of brief posted to website  
2005-01-24 Motion for Extension of Time disposed.   Filing granted
2005-01-21 Motion to Extend Time to File Reply filed  
2005-01-18 Electronic copies of brief posted to website  
2005-01-07 Brief on the Merits (Respondent)  
2004-12-07 Motion for Extension of Time disposed.   Filing granted
2004-12-03 Motion for Extension of Time to File Brief filed  
2004-11-18 Brief on the Merits (Petitioner)  
2004-10-28 Record Received (See Remarks)  
2004-10-28 Sealed document filed in case  
2004-10-26 Record Requested in Petition for Review  
2004-10-19 Brief on the Merits Requested  
2004-09-17 Amicus Curiae Brief received  
2004-09-17 Reply to Response (Petitioner)  
2004-09-02 Motion to Extend Time to File Reply filed  
2004-09-02 Motion for Extension of Time disposed.   Filing granted
2004-08-26 Response to Petition (Respondent)  
2004-08-23 Motion for Extension of Time disposed.   Filing granted
2004-08-20 Motion for Extension of Time to File Response  
2004-08-06 Amicus Curiae Brief received  
2004-07-21 Supreme Court of Texas Requested Response  
2004-07-13 Case forwarded to Court
2004-07-06 Response Waiver filed  
2004-06-24 Petition for Review (Petitioner)  
2004-06-24 Appendix Filed (Petitioner)  
2004-06-10 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2004-06-04 Second Motion for Extension of Time to File Petition for Review filed  
2004-06-04 Notice requesting filing fee  
2004-05-05 Motion for Extension of Time to File Petition for Review filed  
2004-05-05 Motion for Extension of Time to File Petition for Review disposed   Filing granted

Parties

Party Counsel Role
Lexington Insurance Company
Ms. Cynthia Hollingsworth
Mr. Curtis L. Frisbie Jr.
Mr. Jeremy C. Martin
Mr. Randy D. Gordon
Mr. Samuel Eugene Joyner Jr.
Mr. Anthony Icenogle
Mr. Joseph C. Boggins
Mr. Chester J. Makowski
Petitioner
Landmark Insurance Company
Ms. Cynthia Hollingsworth
Petitioner
American International Specialty Lines Insurance Company
Ms. Cynthia Hollingsworth
Petitioner
Abbott, Gregg
Mr. William E. Storie
Respondent
Strayhorn, Carole Keeton
Mr. Esteban H. Rodriguez
Attorney General Greg W. Abbott
Mr. William E. Storie
Mr. Barry Ross McBee
Mr. Edward D. Burbach
Respondent

Amici Curiae

Amicus Curiae Counsel
Yorkshire Ins. Co., Ltd.
Mr. James W. Paulsen
Scottsdale Insurance Company
Mr. Melvin L. Burner
Varco International, Inc.
Ms. Alene Ross 'Allie' Levy
American Insurance Association
Mr. Craig T. Enoch
Mr. Alexander J. Gonzales
Mr. David Fowler Johnson
Mr. Alexander Shin Valdes
Smithee, John
Mr. John T. Smithee
...
...