Supreme Court of Texas Blog

No. 21-0159
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MOSAIC BAYBROOK ONE, L.P.; MOSAIC BAYBROOK TWO, L.P.; AND MOSAIC RESIDENTIAL, INC. 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:Affirmed
COA Docket No.:01-18-01049-CV
Opinion Author:Honorable Gordon Goodman

Trial Court

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

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  
2023-08-02 Amicus Curiae Letter Received  
2023-07-31 Response to Motion filed  
2023-07-12 Call received  
2023-07-12 Supreme Court of Texas Requested Response  
2023-07-12 Electronic communication received from Party  
2023-07-11 Amicus Curiae Brief received  
2023-07-10 Case forwarded to Court
2023-07-07 Motion for Rehearing  
2023-07-07 Motion to dismiss  
2023-06-08 Electronic communication received from Party  
2023-06-08 Electronic communication sent to Party  
2023-06-08 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2023-06-07 Motion for Extension of Time to File Motion for Rehearing  
2023-05-02 Motion for Extension of Time to File Motion for Rehearing  
2023-05-02 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2023-04-21 Court approved judgment sent to attorneys of record Issued
2023-04-21 Opinion issued   Court of appeals' judgment affirmed
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 21, 2022 and March 3, 2023.  
2022-09-21 Oral argument  
2022-09-16 Submission Schedule
2022-09-12 Letter Filed  
2022-09-08 Oral Argument Submission Form from Attorney received  
2022-08-12 Oral Argument Submission Form from Attorney received  
2022-06-27 Letter Filed  
2022-06-24 Case set for oral argument   Case set for oral argument
2022-06-03 Petition for Review disposed Filing granted
2022-06-03 Petition for Review granted
  This case was pending on merits briefs between April 4, 2022 and June 3, 2022.  
2022-04-04 Reply Brief (Petitioner)  
2022-03-04 Motion for Extension of Time disposed.   Filing granted
2022-03-03 Motion for Extension of Time to File Brief filed  
2022-03-03 Electronic communication sent to Party  
2022-02-02 Motion for Extension of Time disposed.   Filing granted
2022-02-01 Motion for Extension of Time to File Brief filed  
2022-01-18 Brief on the Merits (Respondent)  
2021-12-27 Brief on the Merits (Petitioner)  
2021-11-17 Motion for Extension of Time to File Brief filed  
2021-11-17 Motion for Extension of Time disposed.   Filing granted
2021-10-21 Motion for Extension of Time to File Brief filed  
2021-10-21 Motion for Extension of Time disposed.   Filing granted
2021-09-24 Brief on the Merits Requested  
2021-08-10 Reply to Response (Petitioner)  
2021-08-03 Motion to Extend Time to File Reply filed  
2021-08-03 MET to file reply disposed of   Filing granted
2021-07-19 Response to Petition (Respondent)  
2021-06-18 Supreme Court of Texas Requested Response  
2021-05-18 Case forwarded to Court
2021-05-12 Response Waiver filed  
2021-05-03 Petition for Review (Petitioner)  
2021-04-21 Third Motion for Extension of Time to File Petition for Review disposed   Filing granted
2021-04-20 Third Motion for Extension of Time to File Petition for Review filed  
2021-04-20 Electronic communication sent to Party  
2021-04-20 Response to Motion for Extension of Time to File Petition for Review  
2021-03-22 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2021-03-19 Response to Motion for Extension of Time to File Petition for Review  
2021-03-18 Second Motion for Extension of Time to File Petition for Review filed  
2021-03-18 Electronic communication sent to Party  
2021-02-17 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2021-02-16 Response to Motion for Extension of Time to File Petition for Review  
2021-02-12 Supplement to Clerk's/Reporter's Record
2021-02-12 Court reporter/recorder's record
2021-02-12 Supplement to Clerk's/Reporter's Record
2021-02-12 Clerk's Record
2021-02-12 Motion for Extension of Time to File Petition for Review filed  
2021-02-12 Electronic communication sent to Party  

Parties

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

Amicus Curiae

Amicus Curiae Counsel
Texas Civil Justice League
Mr. George S. Christian
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