Supreme Court of Texas Blog

No. 15-0158
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BYRDSON SERVICES, LLC, D/B/A EXCELLO CONSTRUCTION, LLC v. SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION

Oral argument was held on October 3, 2016. The Court issued an opinion resolving the case on December 23, 2016. File Closed

Opinion

December 23, 2016

Willett
Hecht
Green
Johnson
Guzman
Lehrmann
Boyd
Devine
Brown

Justice Willett delivered the opinion of the Court.View Electronic Briefs | Oral Argument | Video PDF

 

Court of Appeals

Appellate District:9th Court of Appeals
Outcome Below:Reverse & Render
COA Docket No.:09-14-00198-CV
Opinion Author:Honorable Hollis Horton

Trial Court

Trial Court:60th District Court
County:Jefferson
Trial Judge:Honorable Gary Sanderson
Trial Docket:B-194,446

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2017-07-07 Case Stored  
  This case was waiting for a possible rehearing motion between May 17, 2017 and July 7, 2017.  
2017-05-17 Mandate issued  
  This case was waiting for a possible rehearing motion between January 6, 2017 and May 17, 2017.  
2017-01-06 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2017-01-05 Motion for Extension of Time to File Motion for Rehearing  
2016-12-23 Court approved judgment sent to attorneys of record Issued
2016-12-23 Motion to supplement disposed   Denied
2016-12-23 Opinion issued   Court of Appeals' judgment reversed; cause remanded to trial court
  This case was awaiting the Court's decision after oral argument between October 3, 2016 and December 23, 2016.  
2016-10-03 Oral argument  
2016-09-28 Amicus Curiae Brief received  
2016-09-27 Notice from Counsel of a change in address  
2016-09-14 Amicus Curiae Brief received  
2016-09-08 Oral Argument Submission Form from Attorney received  
2016-08-31 Oral Argument Submission Form from Attorney received  
  This case was waiting for oral argument between July 8, 2016 and August 31, 2016.  
2016-07-08 Case set for oral argument   Case set for oral argument
2016-07-06 Notice of Appearance  
2016-06-30 Notice from attorney regarding vacation dates  
2016-05-27 Petition for Review disposed   Filing granted
2016-05-27 Petition for Review granted
  This case was pending on merits briefs between March 24, 2016 and May 27, 2016.  
2016-03-24 Reply Brief (Petitioner)  
2016-03-09 Brief on the Merits (Respondent)  
2016-01-28 Motion for Extension of Time disposed.   Filing granted
2016-01-28 Motion for Extension of Time to File Brief filed  
2016-01-20 Brief on the Merits (Petitioner)  
2015-12-14 Motion for Extension of Time disposed.   Filing granted
2015-12-14 Motion for Extension of Time to File Brief filed  
2015-12-07 Case Record Filed  
2015-11-23 Record Requested in Petition for Review  
2015-11-20 Brief on the Merits Requested  
2015-10-15 Reply to Response (Petitioner)  
2015-10-02 Phone call from Clerk's Office  
2015-10-02 Call received  
2015-10-02 MET to file reply disposed of   Filing granted
2015-10-01 Motion to Extend Time to File Reply filed  
2015-09-16 Motion to Extend Time to File Reply filed  
2015-09-16 MET to file reply disposed of   Filing granted
2015-09-02 Response to Petition (Respondent)  
2015-09-02 Response to Motion filed  
2015-07-24 Motion for Extension of Time to File Response  
2015-07-24 Motion for Extension of Time to File Response disposed   Filing granted
2015-07-20 Motion to supplement filed  
2015-07-03 Supreme Court of Texas Requested Response  
2015-06-15 Supplemental appendix (Petitioner)  
2015-06-02 Case forwarded to Court
2015-05-26 Response Waiver filed  
2015-05-18 Letter Filed  
2015-05-15 Petition for Review (Petitioner)  
2015-04-14 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2015-04-14 Second Motion for Extension of Time to File Petition for Review filed  
2015-03-02 Call received  
2015-02-27 Letter Filed  
2015-02-27 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2015-02-27 Motion for Extension of Time to File Petition for Review filed  
2015-02-27 Phone call from Clerk's Office  

Parties

Party Counsel Role
South East Texas Regional Planning Commission
Mr. Craig T. Enoch
Ms. Paula Krause Lear
Mr. Jon B. Burmeister
Scot Edward Sheldon
Ms. Jamie D. Matuska
Ms. Heather L. Blackwell
Respondent
Byrdson Services, LLC d/b/a Excello Construcion
Mr. Ronald L. Bair
Richard P. Griffin Jr.
Garrett A. Gibson
Mr. Michael A. Choyke
Petitioner
Brown, Odessa
Odessa Brown
Other Interested Party
Decuir, Marlon
Mr. Paul Dunford Henderson
Other Interested Party
James W. Turner Construction, Ltd.
MarJuana Williams
Other Interested Party
URS Corporation (A Nevada Corporation)
Mr. George Stewart Whitehead
Mr. Elliot Clark
Other Interested Party
Hotchkiss Insurance Agency & Tye Justice
Mr. Rick Lee Oldenettel
Other Interested Party
Corbin, John
Mr. Steven C. Barkley
Other Interested Party
Transit Mix Concrete & Materials
Mr. Ethan L. Shaw
Everett Sanderson
Other Interested Party

Amici Curiae

Amicus Curiae Counsel
Texas Association of Regional Councils
Ms. Virginia Marguerite Lewis
Houston-Galveston Area Council
Ms. Kathleen R. Ellison
Ms. Katherine D. Mackillop
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