No. 13-0337
Click for Official Page
Oral argument was held on September 18, 2014. The Court issued an opinion resolving the case on March 27, 2015. It then denied rehearing on June 5, 2015 File Closed
Tracking 1 article about this case.
June 16, 2014
from SCOTXblog
This article also mentions 18 other cases.
Justice Johnson delivered the opinion of the Court, in which Chief Justice Hecht, Justice Green, Justice Willett, Justice Lehrmann, Justice Devine, and Justice Brown joined. PDF
| Appellate District: | 5th Court of Appeals |
| Outcome Below: | Reverse & Remand |
| COA Docket No.: | 05-10-00235-CV |
| Opinion Author: | Honorable David L. Bridges |
| Trial Court: | 429th District Court |
| County: | Collin |
| Trial Judge: | Honorable Jill Renfro Willis |
| Trial Docket: | 429-01773-2008 |
| Date | Event | Outcome | |
|---|---|---|---|
| 2015-07-16 | Case Stored | ||
| 2015-06-05 | Mandate issued | ||
| 2015-06-05 | Motion for Rehearing - Disposed | Denied | |
| 2015-04-20 | Motion for Rehearing | ||
| 2015-04-08 | Motion for Extension of Time to File Motion for Rehearing disposed | Filing granted | |
| 2015-04-07 | Motion for Extension of Time to File Motion for Rehearing | ||
| 2015-03-27 | Court approved judgment sent to attorneys of record | Issued | |
| 2015-03-27 | Opinion issued | Court of Appeals' judgment reversed and remanded to Court of Appeals | |
| 2015-03-27 | Dissenting opinion issued. | Issued | |
| This case was awaiting the Court's decision after oral argument between September 18, 2014 and March 27, 2015. | |||
| 2014-09-18 | Oral argument | ||
| 2014-09-17 | Letter Filed | ||
| 2014-09-17 | Exhibits in case/cause filed (Petitioner) | ||
| 2014-07-29 | Oral Argument Submission Form from Attorney received | ||
| 2014-07-25 | Miscellaneous motion disposed. See Remarks. | Denied | |
| 2014-07-15 | Motion to re-set submission date filed. | ||
| 2014-07-07 | Call received | ||
| 2014-06-20 | Oral Argument Submission Form from Attorney received | ||
| 2014-06-13 | Petition for Review granted | ||
| 2014-06-13 | Petition for Review disposed | Filing granted | |
| 2014-06-13 | Case set for oral argument | Case set for oral argument | |
| This case was pending on merits briefs between January 14, 2014 and June 13, 2014. | |||
| 2014-01-14 | Reply Brief (Petitioner) | ||
| 2013-12-30 | Brief on the Merits (Respondent) | ||
| 2013-12-05 | Fully hyperlinked brief filed (Petitioner) | ||
| 2013-11-22 | Motion for Extension of Time to File Brief filed | ||
| 2013-11-22 | Motion for Extension of Time disposed. | Filing granted | |
| 2013-11-18 | Brief on the Merits (Petitioner) | ||
| 2013-10-23 | Case Record Filed | ||
| 2013-10-22 | Letter Filed | ||
| 2013-10-22 | Amicus Curiae Letter Received | ||
| 2013-10-21 | Record Requested in Petition for Review | ||
| 2013-10-18 | Amicus Curiae Letter Received | ||
| 2013-10-18 | Brief on the Merits Requested | ||
| 2013-10-07 | Reply to Response (Petitioner) | ||
| 2013-09-20 | MET to file reply disposed of | Filing granted | |
| 2013-09-20 | Motion to Extend Time to File Reply filed | ||
| 2013-09-16 | Response to Petition (Respondent) | ||
| 2013-08-28 | Motion for Extension of Time to File Response disposed | Filing granted | |
| 2013-08-28 | Motion for Extension of Time to File Response | ||
| 2013-08-09 | Supreme Court of Texas Requested Response | ||
| 2013-07-09 | Case forwarded to Court | ||
| 2013-06-03 | Petition for Review (Petitioner) | ||
| 2013-05-08 | Motion for Extension of Time to File Petition for Review disposed | Filing granted | |
| 2013-05-07 | Motion for Extension of Time to File Petition for Review filed |
| Party | Counsel | Role | ||||
|---|---|---|---|---|---|---|
| Martin, William |
|
Respondent | ||||
| PlainsCapital Bank |
|
Petitioner |
| Amicus Curiae | Counsel | ||||
|---|---|---|---|---|---|
| Independent Bankers Association of Texas |
|
Having recently issued an opinion about lender's rights of offset under Section 51.003 in MEHRDAD MOAYEDI v. INTERSTATE 35/CHISAM ROAD, L.P. AND MALACHI DEVELOPMENT CORPORATION, No. 12-0937, the Court has decided to go back for more.
This petition asks more questions about Section 51.003, including: (1) whether it creates a right to an offset when a lender resells the property on the open market rather than a foreclosure sale and (2) how to compute fair market value to compute the offset.
