Supreme Court of Texas Blog

No. 17-0336
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CITY OF DENTON v. BRIAN RUSHING, CALVIN PATTERSON AND KEVIN MARSHALL

A petition was filed on July 6, 2017. Oral argument was held on January 9, 2019. The Court issued an opinion resolving the case on March 15, 2019.

Opinion

March 15, 2019

Devine

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

 

Court of Appeals

Appellate District:2nd Court of Appeals
Outcome Below:Affirmed
COA Docket No.:02-16-00330-CV
Opinion Author:Honorable Sue Walker

Trial Court

Trial Court:362nd District Court
Trial Judge:Honorable Robert Bruce McFarling
Trial Docket:15-10369-362

Entries on SCOTX Orders Lists

Upcoming

Date Event  
2019-04-01 Motion for rehearing due to be filed.

Docket Entries

Date Event Outcome  
2019-03-15 Court approved judgment sent to attorneys of record Issued
2019-03-15 Opinion issued   Court of Appeals' judgment reversed & judgment rendered
  This case was awaiting the Court's decision after oral argument between January 9, 2019 and March 15, 2019.  
2019-01-09 Oral argument  
2019-01-08 Exhibits in case/cause filed (Petitioner)  
2018-12-27 Notice of Appearance  
2018-12-27 Oral Argument Submission Form from Attorney received  
2018-12-19 Oral Argument Submission Form from Attorney received  
  This case was waiting for oral argument between August 31, 2018 and December 19, 2018.  
2018-08-31 Petition for Review disposed Filing granted
2018-08-31 Petition for Review granted
2018-08-31 Case set for oral argument   Case set for oral argument
  This case was pending on merits briefs between June 1, 2018 and August 31, 2018.  
2018-06-01 Reply Brief (Petitioner)  
2018-05-01 Brief on the Merits (Respondent)  
2018-03-28 Brief on the Merits (Petitioner)  
2018-02-21 Motion for Extension of Time disposed.   Filing granted
2018-02-21 Motion for Extension of Time disposed.   Filing granted
2018-02-21 Motion for Extension of Time disposed.   Filing granted
2018-02-20 Motion for Extension of Time to File Brief filed  
2018-02-20 Motion for Extension of Time to File Brief filed  
2018-02-20 Motion for Extension of Time to File Brief filed  
2018-01-31 Case Record Filed  
2018-01-29 Record Requested in Petition for Review  
2018-01-26 Brief on the Merits Requested  
  This case was waiting for a decision about briefing or a possible grant between November 13, 2017 and January 26, 2018.  
2017-11-13 Response to Petition (Respondent)  
2017-10-26 Notice from attorney regarding vacation dates  
2017-10-18 Motion for Extension of Time disposed.   Filing granted
2017-10-16 Motion for Extension of Time to File Response  
2017-09-22 Supreme Court of Texas Requested Response  
  This case was waiting for a decision about briefing or a possible grant between July 18, 2017 and September 22, 2017.  
2017-07-18 Case forwarded to Court
2017-07-11 Response Waiver filed  
2017-07-06 Petition for Review (Petitioner)  
2017-06-05 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2017-06-02 Second Motion for Extension of Time to File Petition for Review filed  
2017-05-02 Motion for Extension of Time to File Petition for Review filed  
2017-05-02 Motion for Extension of Time to File Petition for Review disposed   Filing granted

Parties

Party Counsel Role
Rushing, Brian
Ryan Webster
Mr. Samuel B. Burke
Mr. Brian T. Cartwright
Mr. R. Scott Alagood
Respondent
City of Denton
Ms. Amy M. Emerson
Mr. Aaron Leal
Mr. Jerry E. Drake Jr.
Petitioner
Marshall, Kevin
Mr. R. Scott Alagood
Mr. Samuel B. Burke
Mr. Brian T. Cartwright
Ryan Webster
Respondent
Patterson, Calvin
Mr. R. Scott Alagood
Mr. Samuel B. Burke
Mr. Brian T. Cartwright
Ryan Webster
Respondent
 
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