Supreme Court of Texas Blog

No. 14-0721
Click for Official Page

USAA TEXAS LLOYDS COMPANY v. GAIL MENCHACA

Oral argument was held on October 11, 2016. The Court issued an opinion resolving the case on April 13, 2018. File Closed

In the news...

Tracking 1 article about this case.

July 1, 2018

SCOTX again clears its docket of argued cases

from SCOTXblog

The article also mentions:
  • AMANDA BRADSHAW v. BARNEY SAMUEL BRADSHAW
  • The Court has issued opinions:

    Opinions

    April 13, 2018

    Boyd
    Hecht
    Green
    Guzman
    Lehrmann
    Devine
    Brown

    Justice Boyd announced the Court's judgment and delivered the Court's opinion as to Parts I, II, and III.A, in which Chief Justice Hecht, Justice Green, Justice Guzman, Justice Lehrmann, Justice Devine, and Justice Brown joined, a plurality opinion as to Parts III.B and III.C, in which Chief Justice Hecht, Justice Lehrmann, and Justice Devine joined, and an opinion as to Parts III.D, III.E, III.F, and III.G, in which Justice Lehrmann and Justice Devine joined. PDF

    Blacklock

    Justice Blacklock concurs in the judgment without opinion. PDF

    Green
    Hecht
    Guzman
    Brown

    Justice Green delivered a dissenting opinion in which Justice Guzman and Justice Brown joined as to Parts I, II, and IV, and a plurality opinion as to Part III, in which Chief Justice Hecht, Justice Guzman, and Justice Brown joined. PDF

    Hecht

    Chief Justice Hecht delivered a concurring opinion. PDF

    Withdrawn Opinions

    The opinions below have been withdrawn by order of the Court.

    April 7, 2017

    Boyd
    Hecht
    Green
    Willett
    Guzman
    Lehrmann
    Devine
    Brown

    Justice Boyd delivered the opinion of the Court. PDF

    Court of Appeals

    Appellate District:13th Court of Appeals
    Outcome Below:Aff As Mod
    COA Docket No.:13-13-00046-CV
    Opinion Author:Honorable Dori Contreras

    Trial Court

    Trial Court:9th District Court
    County:Montgomery
    Trial Judge:Honorable Kelly W. Case
    Trial Docket:09-05-04702-CV

    Docket Entries

    Date Event Outcome  
    2018-05-24 Mandate issued  
    2018-04-13 Previous opinion withdrawn  
    2018-04-13 Opinion issued   Court of Appeals' judgment reversed; cause remanded to trial court
    2018-04-13 Concurring Opinion issued.   Issued
    2018-04-13 Dissenting opinion issued.   Issued
    2018-04-13 Court approved judgment sent to attorneys of record Issued
    2018-04-13 Judgment Withdrawn  
      This case was awaiting the Court's decision after oral argument between December 15, 2017 and April 13, 2018.  
    2017-12-15 Motion for Rehearing - Disposed   Filing granted
    2017-12-15 Motion for Rehearing Granted
      This case was waiting for a decision about a pending motion for rehearing between October 11, 2017 and December 15, 2017.  
    2017-10-11 Amicus Curiae Brief received  
    2017-10-09 Amicus Curiae Brief received  
    2017-09-29 Reply to Response to Motion for Rehearing filed (Petitioner)  
    2017-09-18 Call received  
    2017-09-15 Amicus Curiae Brief received  
    2017-09-15 Response to Motion for Rehearing (Respondent)  
    2017-08-14 Motion for Extension of Time to File Response  
    2017-08-14 Motion for Extension of Time to File Response disposed   Filing granted
    2017-07-06 Motion for Extension of Time to File Response  
    2017-07-06 Motion for Extension of Time to File Response disposed   Filing granted
    2017-06-30 Supreme Court of Texas Requested Response  
    2017-06-23 Letter Filed  
    2017-06-23 Amended motion for rehearing (Petitioner)  
    2017-06-22 Motion for Rehearing  
    2017-06-22 Case forwarded to Court
    2017-05-17 Motion for Extension of Time to File Motion for Rehearing  
    2017-05-17 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
    2017-04-17 Motion for Extension of Time to File Motion for Rehearing  
    2017-04-17 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
    2017-04-07 Opinion issued   Court of Appeals' judgment reversed; cause remanded to trial court
    2017-04-07 Court approved judgment sent to attorneys of record Issued
      This case was awaiting the Court's decision after oral argument between October 11, 2016 and April 7, 2017.  
    2016-10-11 Oral argument  
    2016-10-10 Exhibits in case/cause filed (Petitioner)  
    2016-10-07 Amicus Curiae Brief received  
    2016-10-06 Amicus Curiae Brief received  
    2016-09-27 Oral Argument Submission Form from Attorney received  
    2016-09-23 Amicus Curiae Brief received  
    2016-09-16 Oral Argument Submission Form from Attorney received  
    2016-09-02 Petition for Review granted
    2016-09-02 Case set for oral argument   Case set for oral argument
    2016-09-02 Petition for Review disposed Filing granted
      This case was pending on merits briefs between April 29, 2016 and September 2, 2016.  
    2016-04-29 Amicus Curiae Brief received  
      This case was pending on merits briefs between February 22, 2016 and April 29, 2016.  
    2016-02-22 Amicus Curiae Letter Received  
    2016-02-05 Reply Brief (Petitioner)  
    2016-02-03 Amicus Curiae Brief received  
    2015-12-29 Motion for Extension of Time disposed.   Filing granted
    2015-12-29 Motion for Extension of Time to File Brief filed  
    2015-12-01 Motion for Extension of Time disposed.   Filing granted
    2015-12-01 Motion for Extension of Time to File Brief filed  
    2015-11-20 Brief on the Merits (Respondent)  
    2015-10-20 Motion for Extension of Time disposed.   Filing granted
    2015-10-19 Motion for Extension of Time to File Brief filed  
    2015-09-16 Motion for Extension of Time disposed.   Filing granted
    2015-09-16 Motion for Extension of Time to File Brief filed  
    2015-08-18 Motion for Extension of Time disposed.   Filing granted
    2015-08-18 Motion for Extension of Time to File Brief filed  
    2015-07-31 Brief on the Merits (Petitioner)  
    2015-06-19 Motion for Extension of Time disposed.   Filing granted
    2015-06-19 Motion for Extension of Time to File Brief filed  
    2015-05-21 Motion for Extension of Time to File Brief filed  
    2015-05-21 Motion for Extension of Time disposed.   Filing granted
    2015-05-19 Case Record Filed  
    2015-05-01 Brief on the Merits Requested  
    2015-05-01 Record Requested in Petition for Review  
    2015-03-26 Reply to Response (Petitioner)  
    2015-03-11 Response to Petition (Respondent)  
    2015-02-09 Notice from Counsel of a change in address  
    2015-01-29 Motion for Extension of Time to File Response disposed   Filing granted
    2015-01-29 Motion for Extension of Time to File Response  
    2015-01-09 Supreme Court of Texas Requested Response  
    2014-12-09 Case forwarded to Court
    2014-12-08 Response Waiver filed  
    2014-11-14 Petition for Review (Petitioner)  
    2014-10-06 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
    2014-10-06 Second Motion for Extension of Time to File Petition for Review filed  
    2014-09-12 Motion for Extension of Time to File Petition for Review disposed   Filing granted
    2014-09-12 Notice of Appearance  
    2014-09-12 Motion for Extension of Time to File Petition for Review filed  

    Parties

    Party Counsel Role
    Menchaca, Gail
    Mr. James C. Marrow
    Ms. Jennifer Bruch Hogan
    Mr. John Steven Mostyn
    Mr. Richard P. Hogan Jr.
    Mr. Randal G. Cashiola
    Mr. Gilberto Hinojosa
    Respondent
    USAA Texas Lloyds Company
    Mr. Charles T. Frazier Jr.
    Ms. Mary Margaret Roark
    Mr. Thomas R. Phillips
    Ms. Rachel A. Ekery
    Mr. Wallace B. Jefferson
    Ms. Tanya Dugas
    Mr. Levon G. Hovnatanian
    Mr. Christopher W. Martin
    Mr. Robert T. Owen
    Mr. Paul Wayne Pickering
    Mr. Bruce E. Ramage
    Petitioner

    Amici Curiae

    Amicus Curiae Counsel
    Lexington Insurance Company
    Mr. Thomas C. Wright
    Ms. Lisa Wright
    Mr. Michael A. Choyke
    United Policyholders
    Ms. Penelope E. Nicholson
    Mr. Marc S. Tabolsky
    Cameron, a Schlumberger Company
    Mr. Russell S. Post
    Texas Automobile Dealers Association
    Mr. Matthew R. Pearson
    Mr. Brendan K. McBride
    Mr. Marc E. Gravely
    Texas Organization of Rural & Community Hospitals
    Mr. Brendan K. McBride
    Mr. Marc E. Gravely
    Mr. Matthew R. Pearson
    Brass Real Estate Funds
    Mr. Brendan K. McBride
    Mr. Marc E. Gravely
    Mr. Matthew R. Pearson
    Texas Independent Automobile Dealers Association
    Mr. Marc E. Gravely
    Mr. Matthew R. Pearson
    Mr. Brendan K. McBride
    Chamber of Commerce of the United States of America
    Ms. Kendyl Taylor Hanks
    Ms. Lindsay E. Hagans
    Mr. Dale Wainwright
    Insurance Council of Texas
    Ms. Catherine L. Hanna
    Texans for Lawsuit Reform
    Mr. Hugh Rice Kelly
    ...
    ...