Supreme Court of Texas Blog

No. 21-0783
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LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD. AND LENNAR HOMES OF TEXAS SALES AND MARKETING, LTD. v. KARA WHITELEY

Oral argument was held on January 31, 2023. The Court issued an opinion resolving the case on May 12, 2023. It then denied rehearing on September 1, 2023 File Closed

Opinion

May 12, 2023

Busby
Hecht
Lehrmann
Boyd
Devine
Blacklock
Bland
Huddle
Young

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

 

Court of Appeals

Appellate District:14th Court of Appeals
Outcome Below:Affirmed
COA Docket No.:14-19-00269-CV
Opinion Author:Honorable Meagan Hassan

Trial Court

Trial Court:56th District Court
County:Galveston
Trial Judge:Honorable Lonnie Cox
Trial Docket:17-CV-0253

Docket Entries

Date Event Outcome  
2023-09-01 Mandate issued  
2023-09-01 Motion for Rehearing - Disposed Denied
  This case was waiting for a decision about a pending motion for rehearing between May 30, 2023 and September 1, 2023.  
2023-05-30 Motion for Rehearing  
2023-05-30 Case forwarded to Court
2023-05-12 Opinion issued   Court of Appeals' judgment reversed in part, rendered in part, and remanded to trial court
2023-05-12 Court approved judgment sent to attorneys of record Issued
  This case was awaiting the Court's decision after oral argument between March 6, 2023 and May 12, 2023.  
2023-03-06 Response to Brief filed (Respondent)  
2023-03-03 Letter Filed  
2023-01-31 Oral argument  
2023-01-30 Exhibits in case/cause filed (Respondent)  
2023-01-27 Submission Schedule
2023-01-20 Phone call from Clerk's Office  
2023-01-18 Phone call from Clerk's Office  
2023-01-18 Amicus Curiae Brief received  
2023-01-17 Oral Argument Submission Form from Attorney received  
2023-01-17 Oral Argument Submission Form from Attorney received  
2023-01-11 Miscellaneous motion disposed. See Remarks.   Denied
2023-01-06 Call received  
2023-01-06 Miscellaneous Motion  
2022-12-16 Petition for Review disposed Filing granted
2022-12-16 Petition for Review granted
2022-12-16 Case set for oral argument   Case set for oral argument
  This case was pending on merits briefs between September 15, 2022 and December 16, 2022.  
2022-09-15 Reply Brief (Petitioner)  
2022-08-31 Brief on the Merits (Respondent)  
2022-08-24 Motion for Extension of Time to File Brief filed  
2022-08-24 Motion for Extension of Time disposed.   Filing granted
2022-08-04 Brief on the Merits (Petitioner)  
2022-07-01 Motion for Extension of Time to File Brief filed  
2022-07-01 Motion for Extension of Time disposed.   Filing granted
2022-06-03 Brief on the Merits Requested  
2022-05-20 Amicus Curiae Brief received  
2022-05-09 Reply to Response (Petitioner)  
2022-04-05 Motion to Extend Time to File Reply filed  
2022-04-05 MET to file reply disposed of   Filing granted
2022-03-24 Response to Petition (Respondent)  
2022-02-22 Motion for Extension of Time to File Response  
2022-02-22 Motion for Extension of Time to File Response disposed   Filing granted in part
2022-01-21 Supreme Court of Texas Requested Response  
2022-01-18 Amicus Curiae Brief received  
2021-12-21 Case forwarded to Court
2021-12-17 Response Waiver filed  
2021-11-17 Petition for Review (Petitioner)  
2021-10-14 Second Motion for Extension of Time to File Petition for Review filed  
2021-10-14 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2021-09-13 Court reporter/recorder's record
2021-09-13 Clerk's Record
2021-09-13 Supplement to Clerk's/Reporter's Record
2021-09-13 Motion for Extension of Time to File Petition for Review filed  
2021-09-13 Motion for Extension of Time to File Petition for Review disposed   Filing granted

Parties

Party Counsel Role
Whiteley, Kara
Mr. Dax O. Faubus
Respondent
Xalt Holding, LLC f/k/a DPIS Engineering, LL
Mr. Warren Wise
Mr. Christopher Alan Mckinney
Mr. Greg C. Wilkins
Respondent
Big Texas Air Conditioning, Inc.
Ms. Amy Lynn Nilsen
Mr. David Funderburk
Mr. Stephen Eric Irving
Diane S. Davis
Mr. Earnest W. Wotring
Respondent
Lennar Homes of Texas Land and Construction, Ltd. and Lennar Homes of Texas Sales and Marketing, Ltd.
Mr. Nicholas B. Bacarisse
Mr. J. Don Jackson
Mr. Wallace B. Jefferson
Ms. Rachel Anne Ekery
Mr. Timothy F. Lee
Ms. Margaret E. Bryant
Petitioner

Amici Curiae

Amicus Curiae Counsel
Taylor Morrison of Texas, Inc.
Ms. Lisa Hobbs
Mr. Kurt Kuhn
Mr. Carl J. Wilkerson
Taylor Woodrow Communities - League City, Ltd.
Ms. Lisa Hobbs
Mr. Kurt Kuhn
Mr. Carl J. Wilkerson
Texas Association of Builders
Mr. Dylan B. Russell
Mr. Manuel (Ned) Munoz, Jr.
Legend Classic Homes, Ltd.
Mr. Dylan B. Russell
Mr. Patrick D. Sullivan
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