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No. 19-0605
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JIM OLIVE PHOTOGRAPHY, D/B/A PHOTOLIVE, INC. v. UNIVERSITY OF HOUSTON SYSTEM

Oral argument was held on February 25, 2021. The Court issued an opinion resolving the case on June 18, 2021. File Closed

Opinions

June 18, 2021

Devine
Hecht
Lehrmann
Boyd
Blacklock
Busby
Bland
Huddle

Justice Devine delivered the opinion of the Court. PDF

Busby
Lehrmann
Blacklock

Justice Busby delivered a concurring opinion, in which Justice Lehrmann joined and in which Justice Blacklock joined as to Part II.View Electronic Briefs | Oral Argument PDF

 

Court of Appeals

Appellate District:1st Court of Appeals
Outcome Below:Reverse & Render
COA Docket No.:01-18-00534-CV
Opinion Author:Honorable Richard F. Hightower

Trial Court

Trial Court:295th District Court
County:Harris
Trial Judge:Honorable Caroline E. Baker
Trial Docket:2017-84942

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2021-07-22 Mandate issued  
2021-06-18 Opinion issued   Court of appeals' judgment affirmed
2021-06-18 Concurring Opinion issued.   Issued
2021-06-18 Court approved judgment sent to attorneys of record Issued
  This case was awaiting the Court's decision after oral argument between February 25, 2021 and June 18, 2021.  
2021-02-25 Oral argument  
2021-02-22 Submission Schedule
2021-02-09 Amicus Curiae Brief received  
2021-01-29 Motion to withdraw disposed of   Filing granted
2021-01-29 Motion to Withdraw Filed  
2021-01-25 Oral Argument Submission Form from Attorney received  
2021-01-25 Oral Argument Submission Form from Attorney received  
2021-01-20 Motion to withdraw disposed of   Filing granted
2021-01-19 Call received  
2021-01-15 Petition for Review disposed Filing granted
2021-01-15 Petition for Review granted
2021-01-15 Case set for oral argument   Case set for oral argument
2021-01-07 Call received  
2021-01-07 Electronic communication received from Party  
2021-01-06 Phone call from Clerk's Office  
2020-12-30 Motion to Substitute filed  
2020-12-14 Reply Brief (Petitioner)  
2020-11-02 Motion for Extension of Time to File Brief filed  
2020-11-02 Motion for Extension of Time disposed.   Filing granted
2020-10-05 Motion for Extension of Time to File Brief filed  
2020-10-05 Motion for Extension of Time disposed.   Filing granted
2020-09-25 Brief on the Merits (Respondent)  
2020-08-21 Motion for Extension of Time to File Brief filed  
2020-08-21 Motion for Extension of Time disposed.   Filing granted
2020-07-17 Motion for Extension of Time disposed.   Filing granted
2020-07-17 Motion for Extension of Time to File Brief filed  
2020-07-06 Brief on the Merits (Petitioner)  
2020-06-05 Brief on the Merits Requested  
  This case was waiting for a decision about briefing or a possible grant between April 3, 2020 and June 5, 2020.  
2020-04-03 Reply to Response to Petition filed (Petitioner)  
2020-03-18 MET to file reply disposed of   Filing granted
2020-03-18 Call received  
2020-03-17 Motion to Extend Time to File Reply filed  
2020-03-02 MET to file reply disposed of   Filing granted
2020-03-02 Motion to Extend Time to File Reply filed  
2020-02-20 Response to Petition (Respondent)  
2020-01-30 Motion for Extension of Time to File Response  
2020-01-30 Motion for Extension of Time to File Response disposed   Filing granted
2019-12-30 Motion for Extension of Time to File Response  
2019-12-30 Motion for Extension of Time to File Response disposed   Filing granted
2019-12-06 Supreme Court of Texas Requested Response  
2019-10-29 Case forwarded to Court
2019-10-23 Response Waiver filed  
2019-10-23 Notice of Appearance  
2019-10-07 Amicus Curiae Brief received  
2019-10-04 Pro hac vice motion filed  
2019-10-04 Pro hac vice motion disposed   Filing granted
2019-10-04 Pro hac vice motion disposed   Filing granted
2019-10-04 Pro hac vice motion filed  
2019-10-03 Phone call from Clerk's Office  
2019-10-02 Amicus Curiae Brief received  
2019-09-25 Petition for Review (Petitioner)  
2019-08-20 Second Motion for Extension of Time to File Petition for Review filed  
2019-08-20 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2019-07-17 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2019-07-17 Court reporter/recorder's record
2019-07-17 Clerk's Record
2019-07-17 Motion for Extension of Time to File Petition for Review filed  

Parties

Party Counsel Role
The University of Houston System
Mr. Ryan Lee Bangert
Mr. Jeffrey C. Mateer
The Honorable Warren Kenneth Paxton
Mr. Bill Davis
Mr. Rance L. Craft
Ms. Anne M. Mackin
Respondent
Jim Olive Photography, d/b/a Photolive
Mr. David M. Gunn
Mr. Joe W. Redden Jr.
Mr. Owen J. McGovern
Petitioner

Amici Curiae

Amicus Curiae Counsel
J. Glynn Lunney, Professor of Law
Saurabh Vishnubhakat
Mossoff, Adam
Ms. Constance H. Pfeiffer
North American Nature Photography Association
Mr. Thomas Maddrey
Ms. Alicia Calzada
Mr. Mickey H. Osterreicher
Graphic Artists Guild, Inc.
Mr. Thomas Maddrey
Ms. Alicia Calzada
Mr. Mickey H. Osterreicher
Digital Media Licensing Association, Inc.
Mr. Thomas Maddrey
Ms. Alicia Calzada
Mr. Mickey H. Osterreicher
American Society of Media Photographers
Mr. Thomas Maddrey
Mr. Mickey H. Osterreicher
Professional Photographers of America
Mr. Thomas Maddrey
Ms. Alicia Calzada
Mr. Mickey H. Osterreicher
American Photographic Artists
Mr. Thomas Maddrey
Ms. Alicia Calzada
Mr. Mickey H. Osterreicher
National Press Photographers Association
Ms. Alicia Calzada
Mr. Mickey H. Osterreicher
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