No. 11-0541
Click for Official Page
The Court requested full merits briefing on January 27, 2012. The Court issued an opinion resolving the case on August 30, 2013. It then denied rehearing on March 21, 2014 File Closed
Tracking 1 article about this case.
August 30, 2013
from SCOTXblog
This article also mentions 13 other cases.
Justice Green delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice Johnson, Justice Willett, Justice Lehrmann, and Justice Boyd joined. PDF
Justice Devine delivered a dissenting opinion. PDF
| Appellate District: | 4th Court of Appeals |
| Outcome Below: | Reversed & Rendered |
| COA Docket No.: | 04-10-00041-CV |
| Opinion Author: | Honorable Phylis J. Speedlin |
| Trial Court: | 127th District Court |
| County: | Harris |
| Trial Judge: | Honorable Sharolyn P. Wood |
| Trial Docket: | 2005-37892 |
| Date | Event | Outcome | |
|---|---|---|---|
| 2014-03-21 | Mandate issued | ||
| 2014-03-21 | Motion for Rehearing - Disposed | Denied with Justice not sitting. | |
| 2014-03-17 | Amicus Curiae Letter Received | ||
| 2014-01-27 | Reply to Motion for Rehearing filed (Respondent) | ||
| 2014-01-21 | Letter Filed (Respondent) | ||
| 2014-01-06 | Response to Motion for Rehearing (Respondent) | ||
| 2013-12-09 | Motion for Extension of Time to File Response disposed (Respondent) | Filing granted | |
| 2013-12-05 | Motion for Extension of Time to File Response (Respondent) | ||
| 2013-11-20 | Supreme Court of Texas Requested Response | ||
| 2013-10-16 | Motion for Rehearing - Filed | ||
| 2013-10-16 | Case forwarded to Court | ||
| 2013-09-09 | Motion for Extension of Time to File Motion for Rehearing disposed (Respondent) | Filing granted | |
| 2013-09-09 | Motion for Extension of Time to File Motion for Rehearing (Respondent) | ||
| 2013-08-30 | Court approved judgment sent to attorneys of record | Issued | |
| 2013-08-30 | Opinion issued | Issued | |
| 2013-08-30 | Petition for Review granted under TRAP 59.1 | ||
| 2013-08-30 | Opinion issued | Court of Appeals' judgment reversed & judgment rendered | |
| 2013-08-30 | Petition for Review granted under TRAP 59.1 | ||
| 2013-08-30 | Petition for Review disposed | Petition granted pursuant to TRAP 59.1 | |
| 2013-08-30 | Petition for Review disposed | Petition granted pursuant to TRAP 59.1 | |
| 2013-08-30 | Dissenting opinion issued. | Issued | |
| This case was pending on merits briefs between July 8, 2013 and August 30, 2013. | |||
| 2013-07-08 | Address Change (Respondent) | ||
| This case was pending on merits briefs between January 9, 2013 and July 8, 2013. | |||
| 2013-01-09 | Reply brief filed | ||
| 2013-01-09 | Reply brief filed | ||
| 2012-12-05 | Motion for extension of time to file brief. (Joint motion filed) | ||
| 2012-12-05 | Motion for Extension of Time disposed. (Respondent) | Filing granted | |
| 2012-11-20 | Motion for Extension of Time disposed. (Petitioner) | Filing granted | |
| 2012-11-16 | Motion for extension of time to file brief. (Joint motion filed) | ||
| 2012-11-09 | Phone call from Clerk's Office (Petitioner) | ||
| 2012-11-02 | Motion to reinstate case disposed | Filing granted | |
| 2012-11-02 | Abatement Order Lifted | ||
| 2012-11-02 | Petition Reinstated | ||
| 2012-11-02 | Petition Reinstated | ||
| 2012-10-18 | Motion to Reinstate Case filed (Respondent) | ||
| This case was abated between July 13, 2012 and October 18, 2012. | |||
| 2012-07-13 | Petition for Review disposed | Matter in Supreme Court of Texas Abated | |
| 2012-07-13 | Order of the Court Issued | Matter in Supreme Court of Texas Abated | |
| 2012-07-13 | Petition for Review disposed | Matter in Supreme Court of Texas Abated | |
| 2012-07-06 | Notice of Bankruptcy | ||
| 2012-07-06 | Call received | ||
| 2012-07-06 | Call received | ||
| 2012-07-02 | Brief filed (Respondent) | ||
| 2012-07-02 | Brief filed (Respondent) | ||
| 2012-05-30 | Motion for Extension of Time disposed. (Respondent) | Filing granted | |
| 2012-05-25 | Motion for extension of time to file brief. (Joint motion filed) | ||
| 2012-04-27 | Motion for Extension of Time disposed. (Respondent) | Filing granted | |
| 2012-04-26 | Motion for extension of time to file brief. (Joint motion filed) | ||
| 2012-04-12 | Correction of brief filed. See Remarks & Description. (Petitioner) | ||
| 2012-04-11 | Brief filed | ||
| 2012-04-11 | Brief filed (Petitioner) | ||
| 2012-03-27 | Motion for Extension of Time disposed. (Petitioner) | Filing granted | |
| 2012-03-22 | Motion for extension of time to file brief. (Joint motion filed) | ||
| 2012-03-06 | Motion for Extension of Time disposed. (Petitioner) | Filing granted | |
| 2012-02-24 | Motion for extension of time to file brief. (Joint motion filed) | ||
| 2012-02-03 | Case Record Filed | ||
| 2012-01-31 | Record Requested in Petition for Review | ||
| 2012-01-27 | Brief on the Merits Requested | ||
| 2011-12-08 | Reply filed | ||
| 2011-11-17 | Response to Petition for Review filed | ||
| 2011-11-01 | Reply filed | ||
| 2011-10-25 | Case forwarded to Court | ||
| 2011-10-17 | Petition for Review #2 filed | ||
| 2011-10-17 | Appendix Filed | ||
| 2011-10-17 | Response to Petition for Review filed (Respondent) | ||
| 2011-10-06 | Second Motion for Extension of Time to File Petition for Review disposed (Petitioner) | Filing granted | |
| 2011-10-06 | Motion for Extension of Time disposed. | Filing granted | |
| 2011-10-05 | Second Motion for Extension of Time to File Petition for Review filed (Petitioner) | ||
| 2011-10-05 | Motion for Extension of Time to File Response (Respondent) | ||
| 2011-09-12 | Motion for Extension of Time to File Petition for Review disposed (Petitioner) | Filing granted | |
| 2011-09-12 | Call received | ||
| 2011-09-09 | Supreme Court of Texas Requested Response | ||
| 2011-09-09 | Motion for Extension of Time to File Petition for Review #2 filed (Petitioner) | ||
| 2011-09-09 | Phone call from Clerk's Office | ||
| 2011-08-23 | Case forwarded to Court | ||
| 2011-08-18 | Response to Petition for Review waived (Respondent) | ||
| 2011-08-11 | Phone call from Clerk's Office (Petitioner) | ||
| 2011-08-11 | Supplemental appendix (Petitioner) | ||
| 2011-08-10 | Petition for Review filed (Petitioner) | ||
| 2011-08-10 | Appendix Filed (Petitioner) | ||
| 2011-07-14 | Motion for Extension of Time to File Petition for Review disposed (Petitioner) | Filing granted | |
| 2011-07-11 | Motion for Extension of Time to File Petition for Review filed (Petitioner) |
| Party | Counsel | Role | |||||
|---|---|---|---|---|---|---|---|
| Dynegy, Inc. |
|
Petitioner | |||||
| Yates, Terry W. |
|
Respondent |
| Amicus Curiae | Counsel | ||
|---|---|---|---|
| Medina, David M. |
|
