Supreme Court of Texas Blog

No. 19-0612
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MOSAIC BAYBROOK ONE, L.P. AND MOSAIC BAYBROOK TWO, L.P. v. PAUL SIMIEN

Oral argument was held on September 21, 2022. The Court issued an opinion resolving the case on April 21, 2023. It then denied rehearing on September 29, 2023 File Closed

Opinions

April 21, 2023

Busby
Lehrmann
Boyd
Devine
Young

Justice Busby delivered the opinion of the Court, in which Justice Lehrmann, Justice Boyd, Justice Devine, and Justice Young joined. PDF

Bland
Hecht
Blacklock
Huddle

Justice Bland, joined by Chief Justice Hecht, Justice Blacklock, and Justice Huddle, dissenting. PDF

 

Court of Appeals

Appellate District:1st Court of Appeals
Outcome Below:Dismiss and Deny
COA Docket No.:01-18-00995-CV
Opinion Author:Per Curiam

Trial Court

Trial Court:133rd District Court
County:Harris
Trial Judge:Honorable Jaclanel M. McFarland
Trial Docket:2017-08379

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2023-09-29 Mandate issued  
2023-09-29 Motion for Rehearing - Disposed Denied
2023-09-29 Motion to dismiss disposed   Denied
2023-08-11 Reply to Response to Motion  
2023-08-02 Letter Filed  
2023-07-31 Response to Motion filed  
2023-07-12 Supreme Court of Texas Requested Response  
2023-07-10 Case forwarded to Court
2023-07-10 Electronic communication sent to Party  
2023-07-07 Motion to dismiss  
2023-07-07 Motion for Rehearing  
2023-06-08 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2023-06-08 Electronic communication sent to Party  
2023-06-08 Electronic communication received from Party  
2023-06-07 Motion for Extension of Time to File Motion for Rehearing  
2023-05-03 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2023-05-02 Motion for Extension of Time to File Motion for Rehearing  
2023-05-02 Call received  
2023-04-21 Court approved judgment sent to attorneys of record Issued
2023-04-21 Opinion issued   Court affirms trial court's partial summary judgment
2023-04-21 Dissenting opinion issued.   Issued
2023-03-03 Post submission brief filed (Petitioner)  
  This case was awaiting the Court's decision after oral argument between September 26, 2022 and March 3, 2023.  
2022-09-26 Post submission brief filed (Respondent)  
2022-09-23 Post submission brief filed (Petitioner)  
2022-09-21 Oral argument  
2022-09-20 Exhibits in case/cause filed (Respondent)  
2022-09-19 Exhibits in case/cause filed (Petitioner)  
2022-09-16 Submission Schedule
2022-09-08 Oral Argument Submission Form from Attorney received  
2022-08-12 Oral Argument Submission Form from Attorney received  
2022-06-24 Case set for oral argument   Case set for oral argument
2022-06-03 Petition for Review granted
2022-06-03 Petition for Review disposed Filing granted
  This case was pending on merits briefs between February 11, 2021 and June 3, 2022.  
2021-02-11 Letter Filed  
2021-02-10 Response to Amicus Curiae Brief filed (Respondent)  
2021-02-08 Amicus Curiae Letter Received  
  This case was pending on merits briefs between September 30, 2020 and February 8, 2021.  
2020-09-30 Amicus Curiae Brief received  
  This case was pending on merits briefs between July 16, 2020 and September 30, 2020.  
2020-07-16 Reply Brief (Petitioner)  
2020-07-06 Call received  
2020-06-16 Motion for Extension of Time to File Brief filed  
2020-06-16 Motion for Extension of Time disposed.   Filing granted
2020-06-01 Brief on the Merits (Respondent)  
2020-05-11 Brief on the Merits (Petitioner)  
2020-04-17 Motion for Extension of Time to File Brief filed  
2020-04-17 Motion for Extension of Time disposed.   Filing granted
2020-04-09 Motion for Extension of Time to File Brief filed  
2020-04-09 Motion for Extension of Time disposed.   Filing granted
2020-03-13 Brief on the Merits Requested  
2020-02-27 Reply to Response (Petitioner)  
2020-01-22 Motion to Extend Time to File Reply filed  
2020-01-22 MET to file reply disposed of   Filing granted
2020-01-13 Response to Petition (Respondent)  
2019-12-27 Motion for Extension of Time to File Response disposed   Filing granted
2019-12-27 Motion for Extension of Time to File Response  
2019-11-25 Motion for Extension of Time to File Response disposed   Filing granted
2019-11-25 Motion for Extension of Time to File Response  
2019-11-01 Supreme Court of Texas Requested Response  
2019-10-01 Case forwarded to Court
2019-09-30 Response Waiver filed  
2019-08-30 Petition for Review (Petitioner)  
2019-08-28 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2019-08-28 Second Motion for Extension of Time to File Petition for Review filed  
2019-07-18 Motion for Extension of Time to File Petition for Review filed  
2019-07-18 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2019-07-18 Supplement to Clerk's/Reporter's Record

Parties

Party Counsel Role
Mosaic Baybrook Two, L.P.
Mr. Dylan B. Russell
 Petitioner
Mosaic Baybrook One, L.P.
Mr. Dylan B. Russell
 Petitioner
Simien, Paul
Mr. Richard E. Norman
Mr. R. Martin Weber Jr.
Alexander Price
Mr. Russell S. Post
Mr. Martin S. Schexnayder
Mr. Britton D. Monts
Mr. Jason W. Snell
Mr. Joshua S. Smith
 Respondent

Amici Curiae

Amicus Curiae Counsel
Industrial Specialists, LLC
Ms. Jessica Z. Barger
Texas Apartment Association, Inc.
Sandy Hoy
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