Supreme Court of Texas Blog

No. 13-0638
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FRANKIE SIMS, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED; AND PATSY SIMS, ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED v. CARRINGTON MORTGAGE SERVICES, L.L.C.

Oral argument was held on December 4, 2013. The Court issued an opinion resolving the case on May 16, 2014. It then denied rehearing on October 3, 2014 File Closed

In the news...

Tracking 5 articles about this case.

May 16, 2014

Four opinions and one grant [May 16, 2014]

from SCOTXblog

This article also mentions 4 other cases.

The Court has issued opinions:

November 15, 2013

No opinions today; argument date set in Texas home-equity lending challenge [Nov. 15, 2013]

from SCOTXblog

August 23, 2013

8 Decisions, 10 Grants, and More [Aug. 23, 2013]

from SCOTXblog

This article also mentions 17 other cases.

August 21, 2013

Questions about Texas home equity loans certified to SCOTX

from 600 Camp

August 21, 2013

Question about which rules apply to modifications to a home mortgage has been certified to the Texas Supreme Court

from SCOTXblog

Opinion

May 16, 2014

Hecht
Green
Johnson
Willett
Guzman
Lehrmann
Boyd
Devine
Brown

Chief Justice Hecht delivered the opinion of the Court. PDF

 

Court of Appeals

None

Trial Court

None

Docket Entries

Date Event Outcome  
2015-01-26 Case Stored  
  This case was waiting for a possible rehearing motion between October 3, 2014 and January 26, 2015.  
2014-10-03 Motion for Rehearing - Disposed Denied
  This case was waiting for a decision about a pending motion for rehearing between May 19, 2014 and October 3, 2014.  
2014-05-19 Motion for Rehearing  
2014-05-19 Case forwarded to Court
2014-05-16 Opinion issued   Certified question answered by the Court
  This case was awaiting the Court's decision after oral argument between December 4, 2013 and May 16, 2014.  
2013-12-04 Oral argument  
2013-11-27 Response to Amicus Curiae Brief filed (Appellant in case)  
2013-11-26 Amicus Curiae Brief received  
2013-11-19 Amicus Curiae Brief received  
2013-11-18 Oral Argument Submission Form from Attorney received  
2013-11-15 Case set for oral argument   Case set for oral argument
2013-11-15 Oral Argument Submission Form from Attorney received  
2013-11-12 Reply Brief (Appellant in case)  
2013-11-08 Brief on the Merits (Appellee in case)  
  This case was waiting for oral argument between September 4, 2013 and November 8, 2013.  
2013-09-04 Motion for Extension of Time disposed.   Filing granted
2013-08-30 Appellant's Brief filed (Appellant in case)  
2013-08-28 Reply to Response to Motion  
2013-08-28 Response to Motion filed  
2013-08-27 Call received  
2013-08-27 Motion for Extension of Time to File Brief filed  
2013-08-23 Certified Question accepted
2013-08-23 Certified Question disposed Certified Question accepted
2013-08-23 Brief on the Merits Requested  
2013-08-20 Notice requesting filing fee  
2013-08-20 Case Record Filed  
2013-08-20 Certified Question filed  

Parties

Party Counsel Role
Sims, Frankie
Mr. James Patrick Sutton
Mr. Jeffrey W. Hurt
Mr. David M. Gottfried
Mr. Earl Berry Jr.
Appellant
Carrington Mortgage Services, LLC
Mr. William Scott Hastings
Mr. Daron L. Janis
Mr. Benjamin David Lee Foster
Ms. Amanda Schaeffer
Mr. Thomas G. Yoxall
Mr. Robert T. Mowrey
Appellee

Amici Curiae

Amicus Curiae Counsel
Independent Bankers Association of Texas
Ms. Karen M. Neeley
Texas Bankers Association
Mr. B. Scott Daugherty
Texas Mortgage Bankers Association
Mr. John C. Fleming
Federal National Mortgage Association
Mr. Ken Carroll
...
...