Supreme Court of Texas Blog

No. 20-0687
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KENNETH L. BERRY, INDIVIDUALLY; KENNETH L. BERRY, AS TRUSTEE OF THE BERRY DYNASTY TRUST; KENNETH L. BERRY, TRUSTEE IN A DERIVATIVE CAPACITY FOR FLYING BULL RANCH, LTD.; AND CHELSEA NICHOLE BRIERS v. DENNIS W. BERRY; MARVIN G. BERRY; ALLEN L. BERRY; FB RANCH, LLC; BERRY GP, INC. D/B/A BERRY CONTRACTING, INC.; BERRY CONTRACTING, LP D/B/A BAY, LTD.; AND BERRY RANCHES, LLC

Oral argument was held on February 24, 2022. The Court issued an opinion resolving the case on May 13, 2022. File Closed

Opinion

May 13, 2022

Blacklock
Hecht
Lehrmann
Boyd
Devine
Busby
Bland

Justice Blacklock delivered the opinion of the Court. PDF

 

Court of Appeals

Appellate District:13th Court of Appeals
Outcome Below:Aff/Pt and Rev & Rem/Pt
COA Docket No.:13-18-00169-CV
Opinion Author:Honorable Georgina M. Benavides

Trial Court

Trial Court:319th District Court
County:Nueces
Trial Judge:Honorable David V. Stith
Trial Docket:2016-DCV-0104-G

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2022-07-12 Mandate issued  
2022-05-26 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2022-05-25 Motion for Extension of Time to File Motion for Rehearing  
2022-05-13 Opinion issued   Court affirms in part and reverses in part CA judgment and remands to trial court
2022-05-13 Opinion issued   Issued
2022-05-13 Court approved judgment sent to attorneys of record Issued
  This case was awaiting the Court's decision after oral argument between February 24, 2022 and May 13, 2022.  
2022-02-24 Oral argument  
2022-02-24 Oral argument  
2022-02-23 Exhibits in case/cause filed (Petitioner)  
2022-02-23 Exhibits in case/cause filed (Petitioner)  
2022-02-18 Submission Schedule  
2022-02-16 Submission Schedule
2022-02-15 Call received  
2022-02-14 Letter sent to parties from Supreme Court - See Remarks  
2022-02-11 Oral Argument Submission Form from Attorney received  
2022-02-10 Oral Argument Submission Form from Attorney received  
2022-02-01 Notice from Counsel of a change in address  
2022-01-28 Petition for Review granted
2022-01-28 Petition for Review disposed Filing granted
2022-01-28 Petition for Review disposed Filing granted
2022-01-28 Petition for Review granted
2022-01-28 Case set for oral argument   Case set for oral argument
2022-01-28 Case set for oral argument   Case set for oral argument
  This case was pending on merits briefs between November 23, 2021 and January 28, 2022.  
2021-11-23 Fully hyperlinked brief filed (Petitioner)  
2021-11-22 Reply Brief (Petitioner)  
2021-11-22 Reply Brief (Petitioner)  
2021-11-03 Motion for Extension of Time disposed.   Filing granted
2021-11-02 Motion for Extension of Time to File Brief filed  
2021-10-22 Brief on the Merits (Respondent)  
2021-10-22 Brief on the Merits (Respondent)  
2021-10-07 Motion for Extension of Time to File Brief filed  
2021-10-07 Motion for Extension of Time disposed.   Filing granted
2021-08-30 Motion for Extension of Time disposed.   Filing granted
2021-08-30 Motion for Extension of Time to File Brief filed  
2021-08-20 Fully hyperlinked brief filed  
2021-08-19 Call received  
2021-08-18 Brief on the Merits  
2021-08-18 Brief on the Merits  
2021-07-14 Record Received (See Remarks)
2021-07-14 Call received  
2021-07-07 Motion for Extension of Time disposed.   Filing granted
2021-07-06 Motion for Extension of Time to File Brief filed  
2021-06-18 Brief on the Merits Requested  
  This case was waiting for a decision about briefing or a possible grant between February 11, 2021 and June 18, 2021.  
2021-02-11 Reply to Response (Petitioner)  
2021-01-28 Motion to Extend Time to File Reply filed  
2021-01-28 MET to file reply disposed of   Filing granted
2021-01-26 Case forwarded to Court
2021-01-26 Case forwarded to Court
2021-01-20 Response to Petition (Respondent)  
2021-01-12 Reply to Response (Petitioner)  
2020-12-16 Motion to Extend Time to File Reply filed  
2020-12-16 Fully hyperlinked brief filed (Respondent)  
2020-12-16 MET to file reply disposed of   Filing granted
2020-12-11 Response to Petition (Respondent)  
2020-12-11 Call received  
2020-12-11 Phone call from Clerk's Office  
2020-12-03 Motion for Extension of Time to File Response  
2020-12-03 Motion for Extension of Time to File Response disposed   Filing granted
2020-11-23 Motion for Extension of Time to File Response disposed   Filing granted
2020-11-20 Call received  
2020-11-20 Petition for Review (Petitioner)  
2020-11-13 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2020-11-12 Motion for Extension of Time to File Petition for Review #2 filed  
2020-10-21 Petition for Review (Petitioner)  
2020-09-04 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2020-09-03 Motion for Extension of Time to File Petition for Review filed  
2020-09-03 Court reporter/recorder's record
2020-09-03 Supplement to Clerk's/Reporter's Record

Parties

Party Counsel Role
Kenneth L. Berry, Individually
Mr. Robert J. Gonzalez
Mr. Kyle R. Sears
 Petitioner
Berry GP, Inc. d/b/a Berry Contracting, Inc.
Mr. Travis Gray
Ellen Springer
Mr. Gary E. Ramirez
Mr. Thomas R. Phillips
 Respondent
Berry, Dennis W.
Mr. Travis Gray
Ellen Springer
Mr. Gary E. Ramirez
Mr. Thomas R. Phillips
 Respondent
Briers, Chelsea Nicole
Mr. Kyle R. Sears
Mr. Robert J. Gonzalez
 Petitioner
Berry, Allen L.
Mr. Travis Gray
Ellen Springer
Mr. Gary E. Ramirez
Mr. Thomas R. Phillips
 Respondent
Berry, Marvin G.
Mr. Travis Gray
Ellen Springer
Mr. Gary E. Ramirez
Mr. Thomas R. Phillips
 Respondent
Berry, Kenneth L.
Mr. Joshua J. Caldwell
Mr. Jason Murray Davis
Mr. Santos Vargas
Mr. Kyle R. Sears
 Petitioner
Berry Contracting, LP d/b/a Bay, Ltd.
Ellen Springer
Mr. Thomas R. Phillips
Mr. Gary E. Ramirez
 Respondent
FB Ranch, LLC
Ms. Sarah Elizabeth Patel Pacheco
Mr. Gary E. Ramirez
Mr. Joshua R. Flores
Mr. Thomas R. Phillips
 Respondent
Berry Ranches, LLC
Ms. Sarah Elizabeth Patel Pacheco
Mr. Thomas R. Phillips
Mr. Gary E. Ramirez
Mr. Joshua R. Flores
 Respondent
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