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No. 14-0629
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KATY VENTURE, LTD. AND KATY MANAGEMENT, L.L.C. v. CREMONA BISTRO CORP.

The Court requested full merits briefing on November 21, 2014. The Court issued an opinion resolving the case on July 24, 2015. It then denied rehearing on October 9, 2015 File Closed

In the news...

Tracking 1 article about this case.

August 28, 2015

Final Friday of the Texas Supreme Court’s 2014-2015 term (Aug. 28, 2015)

from SCOTXblog

This article also mentions 4 other cases.

The Court has issued opinions:

Opinion

July 24, 2015

Percuriam.246722

Per Curiam OpinionView Electronic Briefs | Oral Argument N/A | Video N/A PDF

 

Court of Appeals

Appellate District:5th Court of Appeals
Outcome Below:Affirmed
COA Docket No.:05-13-00048-CV
Opinion Author:Honorable David B. Lewis

Trial Court

Trial Court:298th District Court
County:Dallas
Trial Judge:Honorable Emily G. Tobolowsky
Trial Docket:DC-11-11023-M

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2015-10-09 Mandate issued  
2015-10-09 Motion for Rehearing - Disposed Denied
  This case was waiting for a decision about a pending motion for rehearing between August 3, 2015 and October 9, 2015.  
2015-08-03 Motion for Rehearing  
2015-07-24 Opinion issued   Court of Appeals' judgment reversed; cause remanded to trial court
2015-07-24 Court approved judgment sent to attorneys of record Issued
2015-07-24 Petition for Review granted under TRAP 59.1
2015-07-24 Petition for Review disposed Petition granted pursuant to TRAP 59.1
  This case was pending on merits briefs between February 12, 2015 and July 24, 2015.  
2015-02-12 Motion for Extension of Time disposed.   Filing granted
2015-02-12 Motion for Extension of Time to File Brief filed  
2015-02-11 Reply Brief (Petitioner)  
2015-01-20 Brief on the Merits (Respondent)  
2014-12-31 Brief on the Merits (Petitioner)  
2014-12-19 Motion for Extension of Time disposed.   Filing granted
2014-12-19 Motion for Extension of Time to File Brief filed  
2014-12-04 Case Record Filed  
2014-11-24 Record Requested in Petition for Review  
2014-11-21 Brief on the Merits Requested  
2014-11-18 Notice from attorney regarding vacation dates  
  This case was waiting for a decision about briefing or a possible grant between September 24, 2014 and November 18, 2014.  
2014-09-24 Response to Petition (Respondent)  
2014-09-19 Supreme Court of Texas Requested Response  
2014-08-19 Case forwarded to Court
2014-08-15 Response Waiver filed  
2014-08-14 Petition for Review (Petitioner)  

Parties

Party Counsel Role
Cremona Bistro Corp.
Mr. Anthony A. Petrocchi
Respondent
Katy Management, L.L.C.
Mr. Bryan Rutherford
Mr. Lawrence J. Friedman
Mr. Carlos Morales
Mr. John Stephen Kenefick
Petitioner
Katy Venture, Ltd.
Mr. Lawrence J. Friedman
Mr. John Stephen Kenefick
Mr. Carlos Morales
Mr. Bryan Rutherford
Petitioner
 

A default judgment must be sent to the last known address

This is a bill-of-review case challenging a default judgment. The defendant had moved without updating its registered address with the Secretary of State. Notice of the default judgment was sent, at the plaintiff's request, to that out-of-date registered address. The defendant filed a bill of review, introducing evidence suggesting that the plaintiff had actual knowledge of the new business location, making that, and not the "registered" address, the "last known mailing address" for purposes of the rules. The Supreme Court holds that the plaintiff's actual knowledge of this new address would subject the default judgment to attack.

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