Supreme Court of Texas Blog

No. 04-0641
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NICK DIGIUSEPPE D/B/A SOUTHBROOK DEVELOPMENT CO. AND FRISCO MASTER PLAN v. ROGER LAWLER

Oral argument was held on October 20, 2005. The Court issued an opinion resolving the case on October 17, 2008. It then denied rehearing on December 19, 2008 File Closed

Opinions

October 17, 2008

Placeholder
Hecht
Wainwright
Brister
Willett

Justice Alan Waldrop delivered the opinion of the Court, in which Justice Hecht, Justice Wainwright, Justice Brister, and Justice Willett joined. PDF

Green
Jefferson
Oneill
Johnson

Justice Green delivered a dissenting opinion, in which Chief Justice Jefferson, Justice O'Neill, and Justice Johnson joined. PDF

 

Court of Appeals

Appellate District:5th Court of Appeals
Outcome Below:AFFIRM'D/REV'D/REMD'D
COA Docket No.:05-03-00468-CV
Opinion Author:Honorable Thomas L. James

Trial Court

Trial Court:219th District Court
County:Collin
Trial Judge:Honorable Curt B. Henderson
Trial Docket:219-00595-00

Docket Entries

Date Event Outcome  
2009-12-14 Letter Filed  
2009-12-14 Phone call from Clerk's Office  
2009-03-10 Case Stored  
  This case was waiting for a possible rehearing motion between December 19, 2008 and March 10, 2009.  
2008-12-19 Mandate issued  
2008-12-19 Motion for Rehearing - Disposed Denied with Justice not sitting.
2008-11-05 Amicus Curiae Brief received  
2008-11-03 Case forwarded to Court
2008-11-03 Motion for Rehearing  
2008-10-17 Dissenting opinion issued. Issued
2008-10-17 Opinion issued Court of Appeals' judgment affirm and reverse in part; remand to court of appeals
2008-10-17 Court approved judgment sent to attorneys of record Issued
  This case was awaiting the Court's decision after oral argument between June 19, 2008 and October 17, 2008.  
2008-06-19 Justice appointed to sit on special case  
2008-06-18 Statement regarding recusal  
2008-05-09 Address Change  
  This case was awaiting the Court's decision after oral argument between June 16, 2006 and May 9, 2008.  
2006-06-16 Reply to Response (Petitioner)  
2006-06-14 Response to Motion filed  
2006-06-09 Motion to strike disposed   Denied
2006-05-30 Phone call from Clerk's Office  
2006-05-30 Motion to Strike filed  
2006-04-26 Post submission brief filed (Respondent)  
  This case was awaiting the Court's decision after oral argument between December 12, 2005 and April 26, 2006.  
2005-12-12 Post submission brief filed (Petitioner)  
  This case was awaiting the Court's decision after oral argument between October 20, 2005 and December 12, 2005.  
2005-10-20 Oral argument  
2005-10-20 Exhibits in case/cause filed (Respondent)  
2005-10-17 Amicus Curiae Brief received  
2005-10-07 Phone call from Clerk's Office  
2005-09-22 Address Change  
2005-09-08 Electronic copies of brief posted to website  
2005-09-08 Electronic copies of brief posted to website  
2005-09-08 Electronic copies of brief posted to website  
2005-09-08 Electronic copies of brief posted to website  
2005-09-08 Electronic copies of brief posted to website  
2005-09-06 Electronic copies of brief posted to website  
2005-09-06 Electronic copies of brief posted to website  
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 Petition for Review disposed   Filing granted
2005-06-17 Petition for Review granted  
2005-06-17 Case set for oral argument   Case set for oral argument
2005-06-17 Motion for Rehearing - Disposed   Filing granted
2005-06-17 Previous Order of the Court withdrawn   Withdrawn
2005-05-26 Reply to Response (Petitioner)  
2005-05-11 Response to Motion for Rehearing (Respondent)  
2005-04-26 Supreme Court of Texas Requested Response  
2005-03-29 Case forwarded to Court
2005-03-25 Motion for Rehearing  
2005-03-11 Petition for Review disposed   Withdrawn
2005-02-08 Reply Brief (Petitioner)  
2005-01-24 Brief on the Merits (Respondent)  
2004-12-23 Motion for Extension of Time disposed.   Filing granted
2004-12-22 Motion for Extension of Time to File Brief filed  
2004-12-09 Record Received (See Remarks)  
2004-12-03 Brief on the Merits (Petitioner)  
2004-11-03 Motion for Extension of Time disposed.   Filing granted
2004-11-02 Motion for Extension of Time to File Brief filed  
2004-10-26 Record Requested in Petition for Review  
2004-10-19 Brief on the Merits Requested  
  This case was waiting for a decision about briefing or a possible grant between August 24, 2004 and October 19, 2004.  
2004-08-24 Case forwarded to Court
2004-08-23 Response to Petition (Respondent)  
2004-07-19 Petition for Review (Petitioner)  
2004-07-19 Appendix Filed (Petitioner)  

Parties

Party Counsel Role
Frisco Master Plan
Mr. Craig T. Enoch
Petitioner
Digiuseppe, Nick
Mr. James Robert Krause
Ms. Melissa Prentice Lorber
Mr. Lawrence J. Friedman
Mr. Jeffrey Thomas Hall
Mr. Craig T. Enoch
Petitioner
Lawler, Roger
Ms. Julia F. Pendery
Mr. David W. Shuford
Ms. Hilaree A. Casada
Mrs. Daon M. Ward
Respondent

Amicus Curiae

Amicus Curiae Counsel
North Texas Commerical Association of Realtors
Mr. Douglas Laycock
 
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