Supreme Court of Texas Blog

No. 21-0955
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FRANK THOMAS SHUMATE JR. D/B/A F.T.S. TRUCKING v. BERRY CONTRACTING, L.P. D/B/A BAY, LTD.

A petition was filed on January 7, 2022. The Court requested full merits briefing on June 17, 2022. The Court issued an opinion resolving the case on April 26, 2024.

Opinion

April 26, 2024

Percuriam.8241154

Per Curiam Opinion View Electronic Briefs | Oral Argument N/A PDF

 

Court of Appeals

Appellate District:13th Court of Appeals
Outcome Below:Affirmed
COA Docket No.:13-19-00382-CV
Opinion Author:Honorable Leticia Hinojosa

Trial Court

Trial Court:94th District Court
County:Nueces
Trial Judge:Honorable Robert J. Galvan
Trial Docket:2012-DCV-1370-C

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2024-04-26 Petition for Review granted under TRAP 59.1
2024-04-26 Petition for Review disposed Petition granted pursuant to TRAP 59.1
2024-04-26 Opinion issued   Court of Appeals' judgment reversed; cause remanded to trial court
2024-04-16 Letter Filed  
2024-04-08 Letter Filed  
2024-03-20 Letter Filed  
2024-03-18 Letter Filed  
  This case was pending on merits briefs between September 1, 2023 and March 18, 2024.  
2023-09-01 Motion to Consolidate disposed   Denied
  This case was pending on merits briefs between April 26, 2023 and September 1, 2023.  
2023-04-26 Reply to Response to Motion  
2023-04-14 Response to Motion filed  
2023-04-13 Response to Motion filed  
2023-04-12 Call received  
2023-04-12 Call received  
2023-04-11 Motion to Consolidate filed  
  This case was pending on merits briefs between November 21, 2022 and April 11, 2023.  
2022-11-21 Brief on the Merits  
2022-10-25 Motion for Extension of Time disposed.   Filing granted
2022-10-17 Motion for Extension of Time to File Brief filed  
2022-10-06 Brief on the Merits (Respondent)  
2022-08-29 Motion for Extension of Time to File Response  
2022-08-29 Motion for Extension of Time disposed.   Filing granted
2022-08-17 Brief on the Merits (Petitioner)  
2022-07-26 Call received  
2022-06-24 Motion for Extension of Time to File Brief filed  
2022-06-24 Motion for Extension of Time disposed.   Filing granted
2022-06-17 Brief on the Merits Requested  
2022-05-26 Reply to Response (Petitioner)  
2022-04-26 Motion to Extend Time to File Reply filed  
2022-04-26 MET to file reply disposed of   Filing granted
2022-04-11 Response to Petition (Respondent)  
2022-03-11 Supreme Court of Texas Requested Response  
2022-02-08 Case forwarded to Court
2022-02-07 Letter Filed  
2022-02-03 Response Waiver filed  
2022-01-07 Petition for Review (Petitioner)  
2021-12-02 Second Motion for Extension of Time to File Petition for Review filed  
2021-12-02 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2021-11-08 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2021-11-05 Court reporter/recorder's record
2021-11-05 Clerk's Record
2021-11-05 Court reporter/recorder's record
2021-11-05 Court reporter/recorder's record
2021-11-05 Court reporter/recorder's record
2021-11-05 Motion for Extension of Time to File Petition for Review filed  
2021-11-05 Court reporter/recorder's record

Parties

Party Counsel Role
Berry Contracting, L.P. d/b/a Bay, Ltd.
Ms. Audrey Vicknair
Mr. George Denwel Barre
Mr. William Robert Anderson
Respondent
Shumate, Jr., Frank Thomas
Mr. Bryan A. Garner
Ms. Karolyne Garner
Mr. Craig S. Smith
Mr. Gilberto Hinojosa
Petitioner
 
 
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