Supreme Court of Texas Blog

No. 04-0728
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FAIRFIELD INSURANCE COMPANY v. STEPHENS MARTIN PAVING, LP; CARRIE BENNETT, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF ROY EDWARD BENNETT, DECEASED, AND AS NEXT FRIEND OF LANE EDWARD BENNETT, CODY LEE BENNETT, AND APRIL ANNE BENNETT, MINORS

Oral argument was held on November 9, 2004. The Court issued an opinion resolving the case on February 15, 2008. File Closed

In the news...

Tracking 1 article about this case.

Opinions

February 15, 2008

Wainwright
Jefferson
Hecht
Oneill
Brister
Medina
Green
Johnson
Willett

Justice Wainwright delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice O'Neill, Justice Brister, Justice Medina, Justice Green, and Justice Willett joined, and in which Justice Johnson joined as to Parts I, II, and IV only. PDF

Hecht
Brister
Medina
Willett

Justice Hecht delivered a concurring opinion, in which Justice Brister, Justice Medina, and Justice Willett joined. PDF

Johnson

Justice Johnson delivered a concurring opinion. PDF

Court of Appeals

None

Trial Court

None

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2008-04-16 Case Stored  
2008-04-14 Record returned to Court of Appeals  
  This case was waiting for a possible rehearing motion between February 15, 2008 and April 14, 2008.  
2008-02-15 Miscellaneous motion disposed. See Remarks.   Denied
2008-02-15 Concurring Opinion issued. Issued
2008-02-15 Opinion issued Certified question answered by the Court
2008-02-15 Concurring Opinion issued. Issued
  This case was awaiting the Court's decision after oral argument between September 5, 2006 and February 15, 2008.  
2006-09-05 Motion to Argue filed  
  This case was awaiting the Court's decision after oral argument between March 9, 2005 and September 5, 2006.  
2005-03-09 Motion for leave to file supplemental brief disp.   Filing granted
2005-02-24 Electronic copies of brief posted to website  
2005-02-22 Supplemental Brief filed (Appellant in case)  
2005-02-22 Motion for Leave to File Supplemental Brief filed  
  This case was awaiting the Court's decision after oral argument between December 20, 2004 and February 22, 2005.  
2004-12-20 Amicus Curiae Brief received  
2004-11-23 Amicus Curiae Brief received  
2004-11-22 Amicus Curiae Brief received  
2004-11-17 Amicus Curiae Brief received (Amicus Curiae)  
2004-11-15 Electronic copies of brief posted to website  
2004-11-15 Electronic copies of brief posted to website  
2004-11-12 Call received  
2004-11-09 Amicus Curiae Brief received (Amicus Curiae)  
2004-11-09 Oral argument  
2004-11-08 Amicus Curiae Brief received (Amicus Curiae)  
2004-11-04 Amicus Curiae Brief received  
2004-11-04 Electronic copies of brief posted to website  
2004-11-03 Amicus Curiae Brief received  
2004-10-27 Electronic copies of brief posted to website  
2004-10-25 Phone call from Clerk's Office  
2004-10-19 Electronic copies of brief posted to website  
2004-10-18 Amicus Curiae Brief received  
2004-10-11 Reply Brief (Appellee in case)  
2004-10-01 Electronic copies of brief posted to website  
2004-09-27 Brief on the Merits (Intervenor)  
2004-09-24 Correction filed (See Remarks)  
2004-09-22 Brief on the Merits (Appellee in case)  
2004-09-20 Amicus Curiae Brief received  
2004-09-15 Electronic copies of brief posted to website  
2004-09-09 Brief on the Merits (Appellant in case)  
2004-09-08 Phone call from Clerk's Office  
2004-08-27 Certified Question disposed Certified Question accepted
2004-08-27 Case set for oral argument
2004-08-27 Brief on the Merits Requested  
2004-08-27 Case set for oral argument  
2004-08-27 Certified Question accepted
2004-08-17 Case forwarded to Court
2004-08-16 Phone call from Clerk's Office  
2004-08-13 Case Record Filed  
2004-08-13 Certified Question filed (Appellant in case)  
2004-08-13 Docket Sheet from court of appeals or trial court filed  
2004-08-13 Letter Filed  
2004-08-13 Notice requesting filing fee  
2004-08-13 Notice of Appeal filed (Appellant in case)  

Parties

Party Counsel Role
Bennett, Carrie
Mr. Michael R. Cooper
Intervenor
Stephens Martin Paving LP
Mr. Charles C. Self III
Appellee
Fairfield Insurance Company
Mr. Jes Alexander
Mr. David M. Pruessner
Appellant

Amici Curiae

Amicus Curiae Counsel
Texas Association of Builders & El Paso Association of Builders
Mr. Mark L. Kincaid
Complex Insurance Claims Litigation Association
Mr. Wade Caven Crosnoe
United Policyholders
Mr. G. Andrew Veazey
Administaff, Inc.
Ms. Macey Reasoner Stokes
Product Liability Advisory Council Inc.
Mr. Robert M. 'Randy' Roach Jr.
Admiral Insurance Co.
Mr. Robert D. Allen
Certain Underwrithers at Lloyd's London
Ms. Kathleen Hopkins Alsina
Texas Mutual Insurance Company
Mr. P. M. Schenkkan
Unsolicited and Unfunded Amici
Mr. Fred A. Simpson
Mr. Randall L. Smith
Property Casualty Insurers Association of America
Mr. E. Thomas Bishop
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