Supreme Court of Texas Blog

No. 19-0365
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ANDY BRUMLEY AND SHERI BRUMLEY v. RICHARD HOWARD MCDUFF AND SARA SULLIVAN MCDUFF, INDIVIDUALLY AND AS CO-TRUSTEES OF THE MCDUFF TRUST, THE ERIN ELIZABETH MCDUFF TRUST, AND THE MACKIE ANN MCDUFF TRUST; ERIN ELIZABETH MCDUFF, INDIVIDUALLY AND AS CO-TRUSTEE OF THE ERIN ELIZABETH MCDUFF TRUST; AND MACKIE ANN MCDUFF, INDIVIDUALLY AND AS CO-TRUSTEE OF THE MACKIE ANN MCDUFF TRUST

Oral argument was held on October 27, 2020. The Court issued an opinion resolving the case on February 5, 2021. File Closed

Opinion

February 5, 2021

Bland
Hecht
Guzman
Lehrmann
Boyd
Devine
Blacklock
Busby
Huddle

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

 

Court of Appeals

Appellate District:7th Court of Appeals
Outcome Below:Reverse & Render
COA Docket No.:07-17-00248-CV
Opinion Author:Honorable Patrick A. Pirtle

Trial Court

Trial Court:46th District Court
County:Wilbarger
Trial Judge:Honorable Stuart Messer
Trial Docket:27,103

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2021-03-11 Mandate issued  
2021-02-05 Opinion issued   Court of Appeals' judgment reversed and remanded to Court of Appeals
2021-02-05 Court approved judgment sent to attorneys of record Issued
  This case was awaiting the Court's decision after oral argument between October 27, 2020 and February 5, 2021.  
2020-10-27 Oral argument  
2020-10-16 Submission Schedule
2020-10-07 Oral Argument Submission Form from Attorney received  
2020-10-06 Oral Argument Submission Form from Attorney received  
2020-09-18 Letter sent to parties from Supreme Court - See Remarks  
  This case was waiting for oral argument between June 26, 2020 and September 18, 2020.  
2020-06-26 Case set for oral argument   Case set for oral argument
  This case was waiting for oral argument between March 13, 2020 and June 26, 2020.  
2020-03-13 Petition for Review disposed   Filing granted
2020-03-13 Petition for Review granted
  This case was pending on merits briefs between January 22, 2020 and March 13, 2020.  
2020-01-22 Reply Brief (Petitioner)  
2020-01-07 Brief on the Merits (Respondent)  
2019-12-18 Brief on the Merits (Petitioner)  
2019-11-12 Motion for Extension of Time disposed.   Filing granted
2019-11-12 Motion for Extension of Time to File Brief filed  
2019-10-18 Brief on the Merits Requested  
2019-10-03 Reply to Response to Petition filed (Petitioner)  
2019-09-18 Response to Petition (Respondent)  
2019-08-07 Motion for Extension of Time to File Response  
2019-08-07 Motion for Extension of Time to File Response disposed   Filing granted
2019-07-19 Supreme Court of Texas Requested Response  
2019-06-18 Case forwarded to Court
2019-06-17 Response Waiver filed  
2019-06-12 Petition for Review (Petitioner)  
2019-06-11 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2019-06-11 Response to Motion for Extension of Time to File Petition for Review  
2019-06-07 Call received  
2019-06-07 Second Motion for Extension of Time to File Petition for Review filed  
2019-06-07 Electronic communication sent to Party  
2019-05-01 Court reporter/recorder's record
2019-05-01 Motion for Extension of Time to File Petition for Review filed  
2019-05-01 Clerk's Record
2019-05-01 Court reporter/recorder's record
2019-05-01 Supplement to Clerk's/Reporter's Record
2019-05-01 Motion for Extension of Time to File Petition for Review disposed   Filing granted

Parties

Party Counsel Role
Brumley, Andy
Mr. Christopher Brent Lehman
Mr. Don Ross Malone
 Petitioner
Brumley, Sheri
Mr. Christopher Brent Lehman
Mr. Don Ross Malone
 Petitioner
McDuff, Mackie Ann
Mr. Jerry D. Bullard
Mr. Scott A. Cummings
Mr. John H. Barr II
Mr. Charles H. Jeffrey
 Respondent
McDuff, SaraSullivan
Mr. Jerry D. Bullard
Mr. John H. Barr II
Mr. Scott A. Cummings
Mr. Charles H. Jeffrey
 Respondent
McDuff, Erin Elizabeth
Mr. Scott A. Cummings
Mr. John H. Barr II
Mr. Jerry D. Bullard
Mr. Charles H. Jeffrey
 Respondent
McDuff, Richard Howard
Mr. John H. Barr II
Mr. Jerry D. Bullard
Mr. Charles H. Jeffrey
Mr. Scott A. Cummings
 Respondent
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