No. 14-0629
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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
Tracking 1 article about this case.
August 28, 2015
from SCOTXblog
This article also mentions 4 other cases.
Appellate District: | 5th Court of Appeals |
Outcome Below: | Affirmed |
COA Docket No.: | 05-13-00048-CV |
Opinion Author: | Honorable David B. Lewis |
Trial Court: | 298th District Court |
County: | Dallas |
Trial Judge: | Honorable Emily G. Tobolowsky |
Trial Docket: | DC-11-11023-M |
Date | Event | Outcome | |
---|---|---|---|
2015-10-09 | Motion for Rehearing - Disposed | Denied | |
2015-10-09 | Mandate issued | ||
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 | Petition for Review granted under TRAP 59.1 | ||
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 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 to File Brief filed | ||
2015-02-12 | Motion for Extension of Time disposed. | Filing granted | |
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) |
Party | Counsel | Role | ||||
---|---|---|---|---|---|---|
Cremona Bistro Corp. |
|
Respondent | ||||
Katy Management, L.L.C. |
|
Petitioner | ||||
Katy Venture, Ltd. |
|
Petitioner |
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.