Supreme Court

Case: 03-0647    
03-0647
07/15/2003
Petition for Review/Cause under Rule 53.1
EVANSTON INSURANCE COMPANY 
ATOFINA PETROCHEMICALS, INC. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
10/11/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/10/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/09/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/08/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/07/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
06/10/2008Reply to Response to Motion for Rehearing filedRespondent Reply to response to mo/re.  On behalf of Atofina Petrochemicals, Inc.
06/04/2008Response to Motion for RehearingPetitioner Pet's response to resp, Atofina Petrochemicals, Inc.'s mo/re.  On behalf of Evanston Ins. Co. (12)
04/02/2008Motion for RehearingPetitioner's motion for rehearing of cause filed Petitioner's Motion for Rehearing.  On behalf of Evanston Insurance Company.
03/03/2008Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Clarification or Rehearing (12) filed on behalf of Atofina Petrochemicals, Inc.
01/08/2007Amicus Curiae Letter ReceivedReceived (instead of filed) On behalf of Thomas D. Caudle.  Submitted by Thomas D. Caudle of Mateer & Shaffer, LLP, 325 N. St. Paul Street, Suite 1300, Dallas TX 75201.  Phone 214/720-9912.  Fax 214/720-9910.
11/30/2006Reply to ResponseRespondent Reply to response to mo/re.  On behalf of Atofina Petrochemicals, Inc.
10/13/2006Response to Motion for RehearingPetitioner Petitioner's response to motion for rehearing (Evanston Insurance Company)
07/20/2006Amicus Curiae Letter ReceivedReceived (instead of filed) On behalf of Halliburton Co., Shell Oil Co., and Motiva Enterprises LLC.  Filed by Robert Roach, Jr., Cook & Roach, L.L.P., Heritage Plaza 1111 Bagby, Suite 2650, Houston, TX 77002.  Phone 713/652-2800.  Fax 713/652-2029.
06/26/2006Amicus Curiae Letter ReceivedReceived (instead of filed) On behalf of The Texas Civil Justice League.  Filed by Mr. George Christian, 401 West 15th Street,  Suite 975, Austin TX 78701.  Phone 512-320-0474.  fax 512-474-4334.
06/16/2006Amicus Curiae Brief receivedReceived (instead of filed) Brief of amicus curiae Texas Chemical Council in support of respondent's motion for rehearing submitted by atty, Virginia K. Hoelscher, 111 Congress Avenue, Suite 1400, Austin, Texas   78701  ph #512-472-5456 fx # 512-479-1101
05/31/2006Amicus Curiae Letter ReceivedReceived (instead of filed) On behalf of Texas Civil Justice League in support of mo/re.  Filed by George S. Christian, 401 W. 15th Street, Suite 975, Austin TX 78701.  Phone 512-320-0474.  Fax 512-474-4334.
05/31/2006Amicus Curiae Letter ReceivedReceived (instead of filed) On behalf of The Texas Chemical Council (TCC) in support of mo/re.   Filed by R. Kinnan Goleman, Brown McCarroll, LLP, 111 Congress Ave., Suite 1400, Austin TX 78701-4043.  Phone 512-472-5456.  Fax 512-4579-1101.
05/25/2006Motion for RehearingRespondent's Motion for Rehearing of Cause filed On behalf of Atofina Petrochemicals, Inc.  Respondent's mo/re.
05/27/2005Response to PetitionPetitioner Evanston's response to Atofina's  post submission brief.
04/20/2005Post submission brief filedRespondent On behalf of Atofina Petrochemicals, Inc.
04/15/2005Additional citations received.Petitioner Additional cites filed on behalf of Evanston Insurance Company  
09/08/2004Reply BriefPetitioner Reply brief on the merits filed on behalf of Evanston Insurance Company
06/22/2004Brief on the MeritsRespondent Brief on the merits filed on behalf of Atofina Petrochemicals Inc.
04/26/2004Brief on the MeritsPetitioner Petitioner's brief on the merits
12/29/2003Reply to ResponsePetitioner Reply to response to petition for review filed on behalf of Evanston Insurance Company
11/21/2003Response to PetitionRespondent On behalf of Atofina Petrochemicals
09/18/2003Appendix FiledPetitioner Appendix attached to petition for reivew filed on behalf of Evanston Insurance Company
09/18/2003Petition for ReviewPetitioner Petition for review filed on behalf of Evanston Insurance Company
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/29/2003Motion to Extend Time to File Reply filed  Unopposed motion for extension of time to file reply in support of petition for review filed on behalf of Evanston Insurance Company
12/29/2003Reply to Response  Reply to response to petition for review filed on behalf of Evanston Insurance Company
12/23/2005Letter Filed  Letter filed on behalf of Atofina in response to Evanston's post submission letter.
12/21/2005Letter Filed  Post submission letter to provide case citations to recent additional cites on behalf of Evanston Insurance Company
11/30/2006Reply to Response  Reply to response to mo/re.  On behalf of Atofina Petrochemicals, Inc.
11/22/2004Motion to Abate filed  Joint motion to abate.  Filed by respondent and petitioner.
11/21/2003Response to Petition  On behalf of Atofina Petrochemicals
10/27/2006Motion for Rehearing Granted 
10/27/2006Motion for Rehearing - DisposedFiling granted
10/23/2007Motion to Argue filed  Joint Motion for Oral Argument on Rehearing, (12) filed on behalf of Evanston Insurance Company and Atofina Petrochemicals.
10/22/2003Supreme Court of Texas Requested Response  Requested response is due n/l/t 5:00 pm., 11-21-03
10/13/2006Response to Motion for Rehearing  Petitioner's response to motion for rehearing (Evanston Insurance Company)
10/11/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/10/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/09/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/09/2006Motion for Extension of Time disposed.Filing granted Pet's unopposed m/e/t to file requested response to motion for rehearing granted.  Requested response due n/l/t 3:00 p.m. on 10/12/06; mlbx rule d/n/a.  Email acceptable w/hard copies to follow.
10/08/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/07/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/05/2006Motion for Extension of Time to File Response  Petitioner's unopposed m/e/t to file response to mo/re.  On behalf of Evanston Ins. Co.
09/30/2003Case forwarded to Court 
09/23/2003Response Waiver filed  on behalf of ATOFINA Petrochemicals, Inc.
09/20/2006Supreme Court of Texas Requested Response  Requested response to rehearing of cause due n/l/t 3:00 p.m. on 10/5/06; mlbx rule d/n/a
09/18/2003Appendix Filed  Appendix attached to petition for reivew filed on behalf of Evanston Insurance Company
09/18/2003Petition for Review  Petition for review filed on behalf of Evanston Insurance Company
09/08/2004Reply Brief  Reply brief on the merits filed on behalf of Evanston Insurance Company
08/19/2003Second Motion for Extension of Time to File Petition for Review disposedFiling granted Petitioner's 2nd m/e/t to file petition for review is granted. Petition is due Sept. 15, 2003. FURTHER REQUEST FOR EXTENSIONS OF TIME ARE DIS
08/18/2003Second Motion for Extension of Time to File Petition for Review filed  Petititioner's 2nd m/e/t to file pet. for review
07/28/2008Case Stored  G02 Row 2 B-5 (4 vols)
07/23/2008Mandate issued  Mandate & Cost Bill Issued
07/20/2006Amicus Curiae Letter Received  On behalf of Halliburton Co., Shell Oil Co., and Motiva Enterprises LLC.  Filed by Robert Roach, Jr., Cook & Roach, L.L.P., Heritage Plaza 1111 Bagby, Suite 2650, Houston, TX 77002.  Phone 713/652-2800.  Fax 713/652-2029.
07/15/2003Motion for Extension of Time to File Petition for Review disposedFiling granted Petitioner's m/e/t to file pet. for review is granted. Petition is due is due August 14, 2003
07/15/2003Motion for Extension of Time to File Petition for Review filed  On behalf of Evanston Insurance Company
07/13/2004Motion for Extension of Time disposed.Form Letter sent in response to motion for extension of time Standard letter sent in response to Pet's m/e/t to file reply brief on the merits.
07/09/2004Motion to Extend Time to File Reply filed  Petitioners' m/e/t to file reply brief on the merits
06/26/2006Amicus Curiae Letter Received  On behalf of The Texas Civil Justice League.  Filed by Mr. George Christian, 401 West 15th Street,  Suite 975, Austin TX 78701.  Phone 512-320-0474.  fax 512-474-4334.
06/22/2004Brief on the Merits  Brief on the merits filed on behalf of Atofina Petrochemicals Inc.
06/19/2006Electronic copies of brief posted to website  #03064707  Amicus Curiae Brief of Texas Chemical Council 6/16/06
06/16/2006Amicus Curiae Brief received  Brief of amicus curiae Texas Chemical Council in support of respondent's motion for rehearing submitted by atty, Virginia K. Hoelscher, 111 Congress Avenue, Suite 1400, Austin, Texas   78701  ph #512-472-5456 fx # 512-479-1101
06/14/2007Address Change   Change of address letter submitted by amc atty Thomas D. Caudle.  Updated in CM
06/13/2008Court approved judgment sent to attorneys of recordIssued
06/13/2008Opinion issuedCourt of Appeals' judgment reversed; cause remanded to trial court
06/13/2008Motion for Rehearing Granted  Atofina's mo/re granted
06/13/2008Motion for Rehearing - DisposedFiling granted Atofina's motion for rehearing granted
06/13/2008Motion for Rehearing - DisposedDenied Evanston's motion for rehearing denied
06/10/2008Reply to Response to Motion for Rehearing filed  Reply to response to mo/re.  On behalf of Atofina Petrochemicals, Inc.
06/04/2008Response to Motion for Rehearing  Pet's response to resp, Atofina Petrochemicals, Inc.'s mo/re.  On behalf of Evanston Ins. Co. (12)
05/31/2006Amicus Curiae Letter Received  On behalf of Texas Civil Justice League in support of mo/re.  Filed by George S. Christian, 401 W. 15th Street, Suite 975, Austin TX 78701.  Phone 512-320-0474.  Fax 512-474-4334.
05/31/2006Amicus Curiae Letter Received  On behalf of The Texas Chemical Council (TCC) in support of mo/re.   Filed by R. Kinnan Goleman, Brown McCarroll, LLP, 111 Congress Ave., Suite 1400, Austin TX 78701-4043.  Phone 512-472-5456.  Fax 512-4579-1101.
05/27/2005Response to Petition  Evanston's response to Atofina's  post submission brief.
05/27/2004Motion for Extension of Time disposed.Filing granted Respondent's m/e/t to file respondent's brief was granted until June 22, 2004.  Reply brief due July 7, 2004.  Briefs due n/l/t 3:00 pm, mlbx rule d/n/a.  Further req. for ext. of time will be disfavored.
05/27/2004Motion for Extension of Time to File Brief filed  Respondent's m/e/t to file respondent's brief in response to petitioner's brief on the merits
05/25/2006Case forwarded to Court 
05/25/2006Motion for Rehearing  On behalf of Atofina Petrochemicals, Inc.  Respondent's mo/re.
05/20/2008Supreme Court of Texas Requested Response  Requested response to rsp ATOFINA's motion for rehearing due n/l/t 3:00 p.m. on 6/4/08; mlbx rule d/n/a
05/05/2006Court approved judgment sent to attorneys of recordIssued
05/05/2006Opinion issuedjudgments below reversed/remanded tc f/settlement
04/28/2004Motion for Extension of Time disposed.Filing granted Petitioner's m/e/t to file brief on the merits was granted.  Pet's brief filed 4/26/04.  Response br. due 5/19/04.  Reply br due 6/3/04.  Briefs due n/l/t 3:00 pm, mlbx rule d/n/a. (Dates per AW)
04/28/2004Response to Motion filed  response to Evanston Ins. Co's m/e/t to file brief on behalf of Atofina Petrochemicals, Inc.
04/28/2004Motion for Extension of Time to File Brief filed  Petitioner's 2nd unopposed m/e/t to file petitioner's brief on the merits
04/26/2004Brief on the Merits  Petitioner's brief on the merits
04/20/2005Post submission brief filed  On behalf of Atofina Petrochemicals, Inc.
04/15/2005Additional citations received.  Additional cites filed on behalf of Evanston Insurance Company  
04/13/2005Oral argument   Argued on behalf of petitioner by Jeffery T. Nobles;  argued on behalf of respondent by Jack G. Carnegie.
04/02/2008Case forwarded to Court 
04/02/2008Motion for Rehearing  Petitioner's Motion for Rehearing.  On behalf of Evanston Insurance Company.
03/24/2005Electronic copies of brief posted to website  #03064706  Respondent's Brief on the Merits 6/22/04
03/24/2005Electronic copies of brief posted to website  #03064705  Response to Petition for Review 11/21/03
03/23/2005Electronic copies of brief posted to website  #03064704  Petitioner's Reply Brief on the Merits 9/8/04
03/23/2005Electronic copies of brief posted to website  #03064703  Petitioner's Brief on the Merits 4/26/04
03/23/2005Electronic copies of brief posted to website  #03064702  Petitioner's Reply Brief 12/29/03
03/23/2005Electronic copies of brief posted to website  #03064701  Petition for Review 9/18/03
03/11/2005Case set for oral argumentCase set for oral argument Set for Oral Argument at 9:00 a.m. on April 13, 2005
03/11/2005Petition for Review granted 
03/11/2005Petition for Review disposedFiling granted
03/07/2008Letter sent to parties from Supreme Court - See Remarks  After issuing the attached opinion, it was brought to our attention that the case cited in footnotes 75, 78-81 has been moved in the West Reporter. Lamar Homes has moved from 239 S.W.3d 236 to 242 S.W.3d 1. We have changed the footnotes to reflect the new pagination, but as Lamar Homes is not yet paginated at its new cite, we were unable to supply the pinpoint cites. Those have been left as underscores to be supplied when the pagination in Lamar Homes is completed.
03/05/2008Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Pet's, Evanston Insurance Co.'s,  m/e/t to file mo/re is granted.  MO/RE is due April 2, 2008.  Further requests for exts of time wil be disfavored.
03/04/2008Notice requesting filing fee  Sent $10 filing fee request to Mr. Nobles for m/e/t to file mo/re.
03/04/2008Motion for Extension of Time to File Motion for Rehearing  Pet's unopposed m/e/t to file mo/re.  On behalf of Evanston Ins. Co.
03/03/2008Case forwarded to Court 
03/03/2008Motion for Rehearing  Motion for Clarification or Rehearing (12) filed on behalf of Atofina Petrochemicals, Inc.
02/20/2004Motion for Extension of Time disposed.Filing granted Pet's m/e/t to file brief was granted until 03-22-04.  Resp. br due 04-12-04.  Reply br due 04-27-04.  Briefs due n/l/t 5:00 pm, mlbx rule d/n/a.  Further req. for ext. of time will be disfavored.
02/20/2004Motion for Extension of Time to File Brief filed  Unopposed motion for extension of time to file brief on the merits filed on behalf of Evanston Insurance Company
02/15/2008Letter Filed  Letter informing the Court that the Petitioner plans on filing a response to the Motion to Dismiss by Feb. 25., 2008.
02/15/2008Judgment Withdrawn  judgment issued 5/5/06 withdrawn
02/15/2008Previous opinion withdrawn  Opinion issued 5/5/06 withdrawn
02/15/2008Court approved judgment sent to attorneys of recordIssued
02/15/2008Concurring and Dissenting Opinion deliveredIssued
02/15/2008Opinion issuedCourt of Appeals' judgment reversed & judgment rendered
02/15/2008Motion to dismiss disposedDenied motion to dismiss pfr as improvidently granted, denied
02/15/2008Motion to Argue disposedFiling dismissed as moot Joint Motion for Oral Argument on Rehearing dismissed as moot
02/04/2008Letter Filed  Letter informing the Court that Petitioner plans to file a Response to the Motion to Dismiss by Feb. 14 (12), filed on behalf of Evanston Insurance Company.
02/04/2004Record Received (See Remarks)  Inventory in remarks
01/24/2008Motion to dismiss  Motion to Dismiss PFR as Improvidently Granted filed on behalf of Atofina Petrochemicals, Inc. (12)
01/21/2004Record Requested in Case  Emailed Carol Germann @ 9th CA
01/21/2004Brief on the Merits Ordered  Petitioner's brief is due 02-20-04, resp brief is due 03-11-04, reply brief is due 03-26-04
01/14/2005Motion to Abate disposedDismissed Pet Evanston Insurance Company's joint motion to abate is dismissed.
01/09/2004MET to file reply disposed ofFiling granted Pet Evanston Ins. Company's m/e/t to file reply was granted until 12/29/03.  Reply was filed on 12/29/03.
01/08/2007Amicus Curiae Letter Received  On behalf of Thomas D. Caudle.  Submitted by Thomas D. Caudle of Mateer & Shaffer, LLP, 325 N. St. Paul Street, Suite 1300, Dallas TX 75201.  Phone 214/720-9912.  Fax 214/720-9910.
01/07/2005Letter Filed  Letter filed to inform the court that the parties have agreed to withdraw their joint motion to abate which is currently pending before the court.  
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/28/2008Case StoredCase stored.G02 Row 2 B-5 (4 vols)
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Civil Justice LeagueAmicus CuriaeMr. George S. Christian
ATOFINA PETROCHEMICALS, INC.RespondentMs. Allyson N. Ho
Mr. Jack G. Carnegie
Mr. David M. Bays
Mr. Emil Thomas Bayko
Mr. Wyatt D. Snider
Mr. John S. Morgan
EVANSTON INSURANCE COMPANYPetitionerMr. John P. Abbey
Mr. Jeffery Nobles
Mr. Henry S. Platts Jr.
Mr. Frank Anthony Monago
Ms. Marcy Lynn Rothman
Mr. Brit T. Brown
The Texas Chemical Council (TCC)Amicus CuriaeMr. R. Kinnon Goleman
Ms. Virginia K. Hoelscher
Caudle, Thomas D.Amicus CuriaeMr. Thomas D. Caudle
Halliburton Co.Amicus CuriaeMr. Robert M. Randy Roach Jr.
Court of Appeals Information:
REV AND REM 
104 SW3d 247, 04-10-03 
9th Court of Appeals 
Honorable Per Curiam 
Trial Court Information
60th District Court 
Jefferson 
Honorable James Gary Sanderson 
B163-124A