Supreme Court of Texas Blog

No. 11-0050
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FPL ENERGY, LLC, FPL ENERGY PECOS WIND I, L.P., FPL ENERGY PECOS WIND II, L.P., AND INDIAN MESA WIND FARM, L.P. v. TXU PORTFOLIO MANAGEMENT COMPANY, L.P. N/K/A LUMINANT ENERGY COMPANY, LLC

Oral argument was held on October 15, 2012. The Court issued an opinion resolving the case on March 21, 2014. File Closed

In the news...

Tracking 3 articles about this case.

March 23, 2014

Two opinions, one rehearing grant, and six grants [Mar. 21, 2014]

from SCOTXblog

This article also mentions 8 other cases.

The Court has issued opinions:

September 7, 2012

No opinions or grants; argument in FPL Energy case moved to the October sitting [Sep. 7, 2012]

from SCOTXblog

February 17, 2012

SCOTX denies review in the Mike Leach case; grants review in two others

from SCOTXblog

This article also mentions 4 other cases.

Opinion

March 21, 2014

Green
Hecht
Johnson
Willett
Guzman
Lehrmann
Boyd
Devine
Brown

Justice Green delivered the opinion of the Courtt. PDF

 

Court of Appeals

Appellate District:5th Court of Appeals
Outcome Below:Aff/Rev & Rend/Rev & Rem
COA Docket No.:05-08-01584-CV
Opinion Author:Honorable Joseph Morris

Trial Court

Trial Court:116th District Court
County:Dallas
Trial Judge:Honorable Bruce Priddy
Trial Docket:04-10314-F

Docket Entries

Date Event Outcome  
2014-07-09 Case Stored  
  This case was waiting for a possible rehearing motion between May 9, 2014 and July 9, 2014.  
2014-05-09 Record returned to Court of Appeals  
2014-05-01 Mandate issued  
2014-03-21 Opinion issued   Court of Appeals' judgment affirm and reverse in part; remand to court of appeals
2014-03-21 Court approved judgment sent to attorneys of record Issued
  This case was awaiting the Court's decision after oral argument between January 28, 2013 and March 21, 2014.  
2013-01-28 Letter Filed  
2013-01-16 Letter brief (Respondent)  
2012-12-14 Letter brief (Petitioner)  
2012-11-30 Post submission brief filed (Respondent)  
2012-10-15 Exhibits in case/cause filed (Respondent)  
2012-10-15 Oral argument  
2012-09-07 Corrected Notice sent to all counsel  
2012-09-07 Call received  
2012-09-06 Phone call from Clerk's Office  
2012-09-06 Motion to re-set submission date disposed   Filing granted
2012-09-04 Response to Motion filed  
2012-09-04 Motion to re-set submission date filed.  
2012-07-27 Oral Argument Submission Form from Attorney received  
2012-07-23 Oral Argument Submission Form from Attorney received  
2012-06-22 Case set for oral argument   Case set for oral argument
2012-05-11 Notice from attorney regarding vacation dates  
  This case was waiting for oral argument between February 24, 2012 and May 11, 2012.  
2012-02-24 Returned document/s to attorney. See Remarks.  
2012-02-17 Petition for Review disposed   Filing granted
2012-02-17 Petition for Review granted
2012-01-24 Reply Brief (Petitioner)  
2011-12-28 Motion for Extension of Time disposed.   Filing granted
2011-12-28 Motion for Extension of Time to File Brief filed  
2011-12-23 Brief on the Merits (Respondent)  
2011-11-18 Fully hyperlinked brief filed (Petitioner)  
2011-11-16 Motion for Extension of Time disposed.   Filing granted
2011-11-14 Motion for Extension of Time to File Brief filed  
2011-11-03 Brief on the Merits (Petitioner)  
2011-10-04 Motion for Extension of Time disposed.   Filing granted
2011-10-03 Motion for Extension of Time to File Brief filed  
2011-09-09 Corrected Notice sent to all counsel  
2011-09-02 Motion for Extension of Time disposed.   Filing granted
2011-08-31 Motion for Extension of Time to File Brief filed  
2011-08-24 Case Record Filed  
2011-08-19 Record Requested in Petition for Review
2011-08-19 Brief on the Merits Requested  
2011-08-01 Reply to Response (Petitioner)  
2011-07-22 Pro hac vice motion disposed   Filing granted
2011-07-22 Pro hac vice motion disposed   Filing granted
2011-07-20 MET to file reply disposed of   Filing granted
2011-07-20 Motion to Extend Time to File Reply filed  
2011-07-15 Response to Petition (Respondent)  
2011-07-12 Notice requesting filing fee  
2011-06-28 Notice requesting filing fee  
2011-06-22 Phone call from Clerk's Office  
2011-06-20 Pro hac vice motion filed  
2011-06-10 Phone call from Clerk's Office  
2011-06-10 Amicus Curiae Brief received  
2011-06-10 Pro hac vice motion filed  
2011-06-09 Motion for Extension of Time to File Response  
2011-06-09 Motion for Extension of Time disposed.   Filing granted
2011-05-26 Supreme Court of Texas Requested Response  
2011-05-03 Amicus Curiae Brief received  
2011-04-26 Case forwarded to Court
2011-04-22 Response Waiver filed  
2011-04-13 Appendix Filed (Petitioner)  
2011-04-13 Petition for Review (Petitioner)  
2011-03-11 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2011-03-11 Second Motion for Extension of Time to File Petition for Review filed  
2011-01-27 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2011-01-25 Motion for Extension of Time to File Petition for Review filed  

Parties

Party Counsel Role
FPL Energy, LLC
Ms. Anne McGowan Johnson
Mr. Jeffrey M. Tillotson
Mr. Ben L. Mesches
Ms. Nina Cortell
Mr. Allen Ryan Paulsen
Mr. John D. Volney
Petitioner
TXU Portfolio Management Company, L.P.
Mr. Lawrence J.C. VanDyke
Mr. Daniel Lee Gus
Mr. James C. Ho
Mr. James W. Walker
Respondent

Amici Curiae

Amicus Curiae Counsel
REC Stakeholders
Ms. Pamela Stanton Baron
American Wind Energy Company LLC
Mr. Gene Grace
 
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