Supreme Court of Texas Blog

No. 05-0653
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GILBERT KERLIN, INDIVIDUALLY, GILBERT KERLIN, TRUSTEE, WINDWARD OIL & GAS CORP., AND PI CORP. v. CONCEPCION SAUCEDA, ET AL.

Oral argument was held on April 22, 2008. The Court issued an opinion resolving the case on October 10, 2008. File Closed

In the news...

Tracking 2 articles about this case.

October 10, 2008

The Texas Tolling Statute, Kerlin, and Cadles

from SCOTXblog

The Court has issued opinions:

Oneill Jefferson Wainwright Medina Green Johnson

Opinion of the Court
*Corrected Opinion (Oct 10, 2008)

October 10, 2008

Order List for October 10, 2008

from SCOTXblog

Opinions

October 10, 2008

Oneill
Jefferson
Wainwright
Medina
Green
Johnson

Justice O'Neill delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Wainwright, Justice Medina, Justice Green, and Justice Johnson joined. PDF

August 29, 2008

Brister
Hecht
Medina
Willett

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

Withdrawn Opinions

The opinions below have been withdrawn by order of the Court.

August 29, 2008

Oneill
Jefferson
Wainwright
Medina
Green
Johnson

Justice O'Neill delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Wainwright, Justice Medina, Justice Green, and Justice Johnson joined. PDF

Court of Appeals

Appellate District:13th Court of Appeals
Outcome Below:Reversed & Remanded/Affd
COA Docket No.:13-01-00062-CV
Opinion Author:Honorable Federico Hinojosa

Trial Court

Trial Court:107th District Court
County:Cameron
Trial Judge:Honorable Pat McDowell
Trial Docket:93-02-00706-A

Docket Entries

Date Event Outcome  
2008-10-29 Case Stored  
2008-10-10 Previous opinion withdrawn  
2008-10-10 Opinion issued Court of Appeals' judgment reversed & judgment rendered
2008-10-10 Mandate issued  
2008-09-23 Call received  
2008-09-15 Amicus Curiae Brief received  
2008-08-29 Opinion issued Court of Appeals' judgment reversed & judgment rendered
2008-08-29 Court approved judgment sent to attorneys of record Issued
2008-08-29 Concurring Opinion issued. Issued
2008-08-29 Motion to Consolidate disposed   Filing dismissed as moot
  This case was awaiting the Court's decision after oral argument between April 22, 2008 and August 29, 2008.  
2008-04-22 Oral argument  
2008-04-18 Letter sent to parties from Supreme Court - See Remarks  
2008-04-17 Notice received  
2008-04-15 Letter Received  
2008-04-14 Electronic copies of brief posted to website  
2008-04-10 Amicus Curiae Brief received  
2008-03-31 Oral Argument Submission Form from Attorney received  
2008-03-28 Notice from Counsel of a change in address  
2008-03-25 Oral Argument Submission Form from Attorney received  
2008-03-25 Phone call from Clerk's Office  
2008-03-13 Returned document/s to attorney. See Remarks.  
2008-03-13 Returned document/s to attorney. See Remarks.  
2008-03-07 Case set for oral argument   Case set for oral argument
2008-02-21 Call received  
2008-02-20 Phone call from Clerk's Office  
2008-02-15 Petition for Review disposed Filing granted
2008-02-15 Petition for Review granted
  This case was pending on merits briefs between August 31, 2007 and February 15, 2008.  
2007-08-31 Notice received  
2007-08-20 Designation of Lead Counsel  
2007-07-24 Electronic copies of brief posted to website  
2007-07-24 Electronic copies of brief posted to website  
2007-07-18 Description of document returned to Supreme Court  
2007-07-09 Reply Brief (Petitioner)  
2007-07-03 Motion for Extension of Time disposed.   Filing granted
2007-06-22 Motion for Extension of Time to File Brief filed  
2007-06-18 Reply to Response (Petitioner)  
2007-06-18 Reply to Response to Motion  
2007-06-13 Electronic copies of brief posted to website  
2007-05-30 Response to Petition (Respondent)  
2007-05-24 Motion for Extension of Time disposed.   Filing granted
2007-05-21 Response to Motion filed  
2007-05-18 Motion for Extension of Time to File Brief filed  
2007-05-11 Electronic copies of brief posted to website  
2007-05-09 Notice of Appearance  
2007-05-09 Brief on the Merits (Respondent)  
2007-04-03 Motion for Extension of Time disposed.   Filing granted
2007-04-02 Motion for Extension of Time to File Brief filed  
2007-03-20 Description of document returned to Supreme Court  
2007-02-28 Motion for extension of length of brief disposed   Denied
2007-02-26 Description of document returned to Supreme Court  
2007-02-20 Motion for Extension of Length of Brief filed  
2007-02-14 Briefs withdrawn from the case  
2007-02-14 Motion for Extension of Time disposed.   Filing granted
2007-02-14 Motion to withdraw disposed of   Filing granted
2007-01-31 Phone call from Clerk's Office  
2007-01-25 Response to Motion filed  
2007-01-24 Motion to Withdraw Filed  
2007-01-24 Motion for Extension of Time to File Brief filed  
2007-01-24 Phone call from Clerk's Office  
2007-01-18 Notice of Appearance  
  This case was pending on merits briefs between November 20, 2006 and January 18, 2007.  
2006-11-20 Description of document returned to Supreme Court  
2006-11-17 Description of document returned to Supreme Court  
2006-11-17 Response to Motion filed  
2006-11-14 Electronic copies of brief posted to website  
2006-11-14 Reply Brief (Petitioner)  
2006-11-07 Motion for Extension of Time disposed.   Form Letter sent in response to motion for extension of time
2006-10-23 Motion for Extension of Time to File Brief filed  
2006-10-19 Electronic copies of brief posted to website  
2006-10-11 Brief on the Merits (Respondent)   Withdrawn
2006-09-28 Description of document returned to Supreme Court  
2006-09-25 Description of document returned to Supreme Court  
2006-09-18 Motion for Extension of Time disposed.   Filing granted
2006-09-15 Call received  
2006-09-15 Phone call from Clerk's Office  
2006-09-15 Amendment to Motion filed  
2006-09-14 Phone call from Clerk's Office  
2006-09-12 Amendment to Motion filed  
2006-09-06 Notice requesting filing fee  
2006-09-06 Motion for Extension of Time to File Brief filed  
2006-08-28 Electronic copies of brief posted to website  
2006-08-28 Electronic copies of brief posted to website  
2006-08-25 Description of document returned to Supreme Court  
2006-08-23 Description of document returned to Supreme Court  
2006-08-22 Brief on the Merits (Petitioner)  
2006-08-14 Motion for Extension of Time disposed.   Filing granted
2006-08-10 Motion for Extension of Time to File Brief filed  
2006-07-26 Description of document returned to Supreme Court  
2006-07-20 Description of document returned to Supreme Court  
2006-07-14 Motion for Extension of Time disposed.   Filing granted
2006-07-11 Response to Motion filed  
2006-07-07 Motion for Extension of Time to File Brief filed  
2006-07-03 Case Record Filed  
2006-06-26 Description of document returned to Supreme Court  
2006-06-19 Description of document returned to Supreme Court  
2006-06-16 Record Requested in Petition for Review
2006-06-13 Brief on the Merits Requested  
2006-06-08 Address Change  
2006-05-08 Response to Motion filed  
2006-05-08 Response to Motion filed  
2006-05-08 Response to Motion filed  
2006-05-05 Document received (See Remarks)  
2006-05-04 Description of document returned to Supreme Court  
2006-04-28 Supreme Court of Texas Requested Response  
2006-04-26 Motion to Consolidate filed  
2006-03-28 Description of document returned to Supreme Court  
2006-03-20 Description of document returned to Supreme Court  
2006-03-10 Motion for Extension of Time to File Response disposed   Filing granted
2006-03-10 Counsel withdrew from case  
2006-03-10 Motion to withdraw disposed of   Filing granted
2006-03-10 Order of the Court Issued   Severance of action pending before Supreme Court
2006-03-10 Motion to dismiss disposed   Petition granted motion under TRAP 56.3
2006-02-21 Correction filed (See Remarks)  
2006-02-21 Correction filed (See Remarks)  
2006-02-17 Response to Motion filed  
2006-02-17 Response to Motion filed  
2006-02-17 Response to Motion filed  
2006-02-17 Description of document returned to Supreme Court  
2006-02-10 Motion to Withdraw Filed  
2006-02-10 Motion for Extension of Time to File Response  
2006-02-09 Supreme Court of Texas Requested Response  
2006-02-09 Description of document returned to Supreme Court  
2006-02-07 Case forwarded to Court
2006-02-06 Motion to dismiss  
2006-01-30 Description of document returned to Supreme Court  
2006-01-24 Motion for Extension of Time to File Response disposed   Filing granted
2006-01-19 Motion for Extension of Time to File Response  
2006-01-10 Motion for Extension of Time to File Response disposed   Filing granted
2006-01-09 Motion for Extension of Time to File Response  
2005-12-30 Motion for Extension of Time to File Response disposed   Filing granted
2005-12-30 Motion for Extension of Time to File Response disposed   Form Letter sent in response to motion for extension of time
2005-12-28 Description of document returned to Supreme Court  
2005-12-28 Motion for Extension of Time to File Response  
2005-12-16 Description of document returned to Supreme Court  
2005-12-12 Correction filed (See Remarks)  
2005-12-09 Motion for Extension of Time to File Response disposed   Filing granted
2005-12-07 Motion for Extension of Time to File Response  
2005-11-28 Description of document returned to Supreme Court  
2005-11-28 Description of document returned to Supreme Court  
2005-11-15 Description of document returned to Supreme Court  
2005-11-09 Appendix Filed (Petitioner)  
2005-11-07 Petition for Review (Petitioner)  
2005-10-19 Third Motion for Extension of Time to File Petition for Review disposed   Filing granted
2005-10-14 Third Motion for Extension of Time to File Petition for Review filed  
2005-09-13 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2005-09-12 Second Motion for Extension of Time to File Petition for Review filed  
2005-08-24 Call received  
2005-08-15 Motion for Extension of Time to File Petition for Review filed  
2005-08-15 Motion for Extension of Time to File Petition for Review disposed   Filing granted

Parties

Party Counsel Role
Winward Oil & Gas Corp.
Ms. Claudia Wilson Frost
Petitioner
PI Corp.
Ms. Claudia Wilson Frost
Petitioner
Concepcion Sauceda, et al.
Mr. Alberto T. Garcia III
Mr. David B. McCall
Mr. Frank Costilla
Mr. Robert Francis Johnson III
Mr. Hector H. Cardenas
Mr. Britton D. Monts
Mr. Tom C. McCall
Respondent
Butcher, George
Mr. Jules L. Laird Jr.
Mr. George Butcher
Other Interested Party
Pappagiorgio, Sandra Dale
Mr. Alberto T. Garcia III
Ms. Sandra Dale Pappagiorgio
Mr. Jules L. Laird Jr.
Other Interested Party
Garcia, Ramon Donato
Mr. Jules L. Laird Jr.
Mr. Ramon Donato Garcia
Other Interested Party
Garcia, Pedro
Mr. Pedro Garcia
Mr. Jules L. Laird Jr.
Other Interested Party
The Martinez Plantiffs
Honorable Juan Jose Martinez
Other Interested Party
Carroll, Esmeralda
Ms. Esmeralda Carroll
Mr. Jules L. Laird Jr.
Other Interested Party
Garcia, Hortencia
Ms. Hortencia Garcia
Mr. Jules L. Laird Jr.
Other Interested Party
Kerlin, Gilbert
Mr. Andrew L. Frey
Mr. Jeremy J. Gaston
Mr. M. Steve Smith
Mr. Horacio L. Barrera
Mr. Russell H. McMains
Ms. Claudia Wilson Frost
Petitioner
Sexton, Rebecca Gomez
Mr. E. Lawrence Vincent Jr.
Ms. Rebecca Gomez Sexton
Mr. Jules L. Laird Jr.
Other Interested Party
Garcia, Rafael
Mr. Rafael Garcia
Other Interested Party

Amicus Curiae

Amicus Curiae Counsel
The State of Texas
Mr. Rance L. Craft
...
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