Supreme Court of Texas Blog

No. 05-0882
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PERRY HOMES, A JOINT VENTURE, HOME OWNERS MULTIPLE EQUITY, INC., AND WARRANTY UNDERWRITERS INSURANCE COMPANY v. ROBERT E. CULL AND S. JANE CULL

Oral argument was held on March 20, 2007. The Court issued an opinion resolving the case on May 2, 2008. It then denied rehearing on August 29, 2008 File Closed

In the news...

Tracking 5 articles about this case.

December 2, 2010

Cull and Cull v. Perry Homes – the Saga Continues

from Disputing

March 2, 2010

Plaintiffs in suit against Perry Homes, warranty company, win $58 million

from Tex Parte

March 2, 2010

Mansfield couple gains ground after latest ruling on defective house

from Dallas Morning News

March 1, 2010

Spokesman: $51 million award 'jackpot justice'

from Fort Worth Star-Telegram

Opinions

May 2, 2008

Brister
Jefferson
Hecht
Oneill
Wainwright
Medina
Green
Johnson
Willett

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

Willett

Justice Willett delivered an opinion concurring in part and dissenting in part. PDF

Johnson
Jefferson
Green

Justice Johnson, joined by Chief Justice Jefferson and Justice Green, concurring in part and dissenting in part. PDF

Oneill

Justice O'Neill delivered a concurring opinion. PDF

Court of Appeals

Appellate District:2nd Court of Appeals
Outcome Below:Affirmed as Modified
COA Docket No.:02-04-00052-CV
Opinion Author:Honorable LeeAnn Dauphinot

Trial Court

Trial Court:236th District Court
County:Tarrant
Trial Judge:Honorable Thomas Wilson Lowe
Trial Docket:236-184813-00

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2009-01-20 Letter Filed  
2008-12-08 Letter Filed  
2008-09-18 Case Stored  
2008-08-29 Mandate issued  
2008-08-29 Motion for Rehearing - Disposed Denied
2008-08-15 MET to file reply disposed of (Respondent)   Form Letter sent in response to motion for extension of time
2008-08-13 Motion to extend time to file reply (Respondent)  
2008-08-05 Response to Motion for Rehearing (Petitioner)  
2008-07-18 Motion for Extension of Time disposed.   Filing granted
2008-07-15 Motion for Extension of Time to File Response (Petitioner)  
2008-07-08 Supreme Court of Texas Requested Response  
2008-06-23 Motion for Rehearing - Filed  
2008-06-23 Case forwarded to Court
2008-05-12 Motion for Extension of Time to File Motion for Rehearing disposed (Respondent)   Filing granted
2008-05-09 Motion for Extension of Time to File Motion for Rehearing (Respondent)  
2008-05-02 Concurring Opinion issued. Issued
2008-05-02 Court approved judgment sent to attorneys of record Issued
2008-05-02 Concurring and Dissenting Opinion delivered Issued
2008-05-02 Concurring and Dissenting Opinion delivered Issued
2008-05-02 Opinion issued Court of Appeals' judgment reversed; cause remanded to trial court
  This case was awaiting the Court's decision after oral argument between June 26, 2007 and May 2, 2008.  
2007-06-26 Additional citations received. (Petitioner)  
  This case was awaiting the Court's decision after oral argument between March 23, 2007 and June 26, 2007.  
2007-03-23 Additional citations received. (Petitioner)  
2007-03-20 Oral argument  
2007-03-19 Supplemental appendix (Petitioner)  
2007-03-16 Electronic copies of brief posted to website (Respondent)  
2007-03-16 Electronic copies of brief posted to website (Respondent)  
2007-03-15 Call made to request electronic copies of briefs (Respondent)  
2007-03-15 Electronic copies of brief posted to website (Respondent)  
2007-03-15 Electronic copies of brief posted to website (Respondent)  
2007-03-14 Additional citations received. (Respondent)  
  This case was waiting for oral argument between December 15, 2006 and March 14, 2007.  
2006-12-15 Petition for Review disposed Filing granted
2006-12-15 Petition for Review granted
2006-12-15 Case set for oral argument   Case set for oral argument
  This case was pending on merits briefs between August 29, 2006 and December 15, 2006.  
2006-08-29 Electronic copies of brief posted to website (Petitioner)  
2006-08-28 Reply brief filed (Petitioner)  
2006-08-16 Call made to request electronic copies of briefs (Respondent)  
2006-08-11 Brief filed (Respondent)  
2006-07-14 Motion for Extension of Time disposed. (Respondent)   Filing granted
2006-07-11 Motion for extension of time to file brief. (Respondent)  
2006-06-29 Electronic copies of brief posted to website (Petitioner)  
2006-06-28 Brief filed (Petitioner)  
2006-05-25 Motion for Extension of Time disposed. (Petitioner)   Filing granted
2006-05-22 Motion for extension of time to file brief. (Petitioner)  
2006-05-22 Electronic copies of brief posted to website (Amicus Curiae)  
2006-05-19 Call made to request electronic copies of briefs (Amicus Curiae)  
2006-05-19 Electronic copies of brief posted to website (Petitioner)  
2006-05-19 Electronic copies of brief posted to website (Respondent)  
2006-05-19 Electronic copies of brief posted to website (Petitioner)  
2006-05-17 Case Record Filed  
2006-05-12 Record Requested in Petition for Review
2006-05-09 Brief on the Merits Requested  
  This case was waiting for a decision about briefing or a possible grant between February 21, 2006 and May 9, 2006.  
2006-02-21 Reply filed (Petitioner)  
2006-02-03 Response to Petition for Review filed (Respondent)  
2006-01-04 Motion for Extension of Time disposed.   Filing granted
2005-12-29 Motion for Extension of Time to File Response (Respondent)  
2005-12-27 Address Change (Respondent)  
2005-12-05 Supreme Court of Texas Requested Response  
2005-11-01 Case forwarded to Court
2005-10-24 Amicus Curiae Brief received  
2005-10-21 Response to Petition for Review waived (Respondent)  
2005-10-18 Appendix Filed (Petitioner)  
2005-10-18 Petition for Review filed (Petitioner)  

Parties

Party Counsel Role
Perry Homes
Mr. Kent Hance
Mr. Stacy R. Obenhaus
Mr. Geoffrey H. Bracken
Petitioner
Home Owners Multiple Equity, Inc.
Mr. Gary W. Javore
Petitioner
Warranty Underwriters Insurane Co.
Mr. Gary W. Javore
Petitioner
Cull, S. Jane
Mr. Thomas M. Michel
Respondent
Cull, Robert E.
Mr. Evan (Van) Lane Shaw
Mr. Thomas M. Michel
Respondent

Amicus Curiae

Amicus Curiae Counsel
Texas Association of Builders
Mr. M. Scott Norman Jr.
...
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