Supreme Court

Case: 03-0913    
03-0913
10/06/2003
Petition for Review/Cause under Rule 53.1
KROGER TEXAS LIMITED PARTNERSHIP AND ROBERT MOODY 
THERESA SUBERU 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
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.
08/28/2006Response to Motion for RehearingPetitioner Petitioner's response to motion for rehearing.  On behalf of Kroger Texas Ltd. Partnership and Robert Moody.
06/23/2006Motion for RehearingRespondent's Motion for Rehearing of Cause filed Theresa Suberu's motion for rehearing.
07/15/2004Reply BriefPetitioner Petitioners Kroger Texas Limited Partnership and Robert Moody's reply brief on the merits in support of petition for review
07/09/2004Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Brief of Arkoma Basin Exploration Company et al, submitted by att., P. Michael Jung, 901 Main Street, Suite 4300, Dallas, Texas 75202-3794, 214-651-4300, 214-651-4330, in support of pet.,  Kroger Texas Limited Partnership  
06/16/2004Brief on the MeritsRespondent Theresa Suberu's respondent's brief on the merits
04/27/2004Brief on the MeritsPetitioner Petitioners' brief on the merits
02/17/2004Reply to ResponsePetitioner Kroger Texas Limited reply to the response
01/30/2004Response to PetitionRespondent on behalf of Theresa Suberu (extra copies in control folder, no sase)
01/23/2004Supplement to Petition filedPetitioner Supplemental prayer to petition for review filed on behalf of Kroger Texas Limited Partnership and Robert Moody
10/17/2003Appendix FiledPetitioner appendix attached
10/17/2003Petition for ReviewPetitioner On behalf of Kroger Texas Limited Partnership and Robert Moody
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/11/2003Motion for Extension of Time disposed.Filing granted Theresa Suberu's unopposed m/e/t to file requested resp. to pet. for review was granted until Jan. 30, 2004.  Further req. for ext. of time will be disfavored.
12/08/2003Motion for Extension of Time to File Response  Unopposed m/e/t to file requested response to pet. for review
12/01/2003Supreme Court of Texas Requested Response  Requested response due Dec. 31, 2003, n/l/t 5:00 pm, mlbx rule d/n/a.
11/09/2004Oral argument   Argued on behalf of petitioners by Donna C. Peavler;  argued on behalf of respondent by Thomas B. Cowart.
11/04/2003Case forwarded to Court 
11/03/2003Response Waiver filed  On behalf of Ms. Suberu
10/17/2003Appendix Filed  appendix attached
10/17/2003Petition for Review  On behalf of Kroger Texas Limited Partnership and Robert Moody
10/13/2006Case Stored  GO2/8-B-1
10/10/2003Notice from Counsel of a change in address  change of address for Mr. Thomas Stutz
10/10/2003Certification (various) in case received  certificate of conference to pet's m/e/t to file petition for review
10/10/2003Motion for Extension of Time to File Petition for Review disposedFiling granted Pet Kroger Tx Limited Partnership, et al's m/e/t is granted; petition for review is due on October 16, 2003.
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.
10/07/2003Call received  Call received from att., Thomas B. Cowart stating that he does not oppose motion for extension of time to file pet for review filed on behalf of petitioners.  
10/06/2003Motion for Extension of Time to File Petition for Review filed  On behalf of Kroger Texas Limited Partnership and Robert Moody
09/27/2006Mandate issued  mandate and cost bill issued
09/22/2006Motion for Rehearing - DisposedDenied
09/22/2004Electronic copies of brief posted to website  Petitioners' reply brief on the merits; Ebrief #03091304
09/22/2004Electronic copies of brief posted to website  Petitioners' brief on the merits; Ebrief #03091302
09/22/2004Electronic copies of brief posted to website  Respondent's brief on the merits; Ebrief #03091303
09/22/2004Electronic copies of brief posted to website  Brief of Amici Curiae Arkoma Basin Exploration Company;  Ebrief #03091301
09/10/2004Case set for oral argumentCase set for oral argument Oral argument is set for 11-09-04
09/10/2004Petition for Review granted 
09/10/2004Petition for Review disposedFiling granted as supplemented
08/28/2006Response to Motion for Rehearing  Petitioner's response to motion for rehearing.  On behalf of Kroger Texas Ltd. Partnership and Robert Moody.
07/15/2004Reply Brief  Petitioners Kroger Texas Limited Partnership and Robert Moody's reply brief on the merits in support of petition for review
07/09/2004Amicus Curiae Letter Received  Amicus Brief of Arkoma Basin Exploration Company et al, submitted by att., P. Michael Jung, 901 Main Street, Suite 4300, Dallas, Texas 75202-3794, 214-651-4300, 214-651-4330, in support of pet.,  Kroger Texas Limited Partnership  
07/07/2004Motion for Extension of Time disposed.Filing granted Pets' unopposed m/e/t to file pets' reply brief is granted until July 15, 2004; Reply brief is due n/l/t 3:00 p.m.; mlbx rule d/n/a. Further requests for extensions of time will be disfavored.
07/01/2004Motion for Extension of Time to File Brief filed  Unopposed m/e/t to file reply brief on the merits filed on behalf of Kroger Texas Limited Partnership and Robert Moody
06/23/2006Case forwarded to Court 
06/23/2006Motion for Rehearing  Theresa Suberu's motion for rehearing.
06/23/2004Letter Filed  vacation letter from Atty. Peavler, vacation from Oct. 4-8, 2004
06/16/2004Amended Certificate  Respondent's amended certificate of service of Theresa Suberu's respondent's brief on the merits
06/16/2004Brief on the Merits  Theresa Suberu's respondent's brief on the merits
05/25/2006Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Pet's Theresa Suberu's unopposed m/e/t to file mo/re granted.  Mo/re due n/l/t 5:00 p.m. on 6/21/06.
05/24/2006Motion for Extension of Time to File Motion for Rehearing  Unopposed m/e/t to file mo/re on behalf of Theresa Suberu
05/14/2004Motion for Extension of Time disposed.Filing granted Respondent's unopposed m/e/t to file response brief was granted until 6/16/04.  Reply brief due 07/01/04.  Briefs due n/l/t 3:00 pm, mlbx rule d/n/a.  Further req. for ext. of time will be disfavored.
05/14/2004Motion for Extension of Time to File Brief filed  Theresa Suberu's m/e/t to file respondent's brief on the merits
05/05/2006Court approved judgment sent to attorneys of recordIssued
05/05/2006Concurring and Dissenting Opinion deliveredIssued
05/05/2006Opinion issuedCourt of Appeals' judgment reversed & judgment rendered
04/27/2004Brief on the Merits  Petitioners' brief on the merits
03/30/2004Motion for Extension of Time disposed.Filing granted Pet's m/e/t to file brief on the merits is granted.  Pet's brief is due on 4/27/04; Resp brief is due 5/17/04; Reply brief is due 6/1/04.  All briefs due n/l/t 5:00 p.m.; mlbx rule d/n/a.  Further requests for extensions of time will be disfavored.  
03/29/2004Motion for Extension of Time to File Brief filed  Petitioners' unopposed m/e/t to file petitioners' brief
03/10/2004Record Received (See Remarks)  Inventory in remarks
03/02/2004Description of document returned to Supreme Court  Postcard to Ms. Donna Peavler - it had correct address -remailed again
02/26/2004Brief on the Merits Ordered  Pet brief is due 03-29-04, resp brief is due 04-19-04, reply brief is due 05-04-04; mlbx rule d/n/a
02/25/2004Record Requested in Case  Emailed Cathy Henderson @ 5th CA
02/17/2004Reply to Response  Kroger Texas Limited reply to the response
02/11/2004Address Change   Notice of change of address filed on behalf of atty., Amber Slayton & Donna C. Peavler, new address: Uloth & Peavler, L.L.P., 3400 Carlisle Avenue, Suite 430, Dallas, Texas   75204-1221 (updated in case management)
01/30/2004Response to Petition  on behalf of Theresa Suberu (extra copies in control folder, no sase)
01/29/2004Call received  Received call from att., Tom Cowart regarding a response to pet for review that has already been mailed and he realized that he forgot to place inside the SASE/he will mail the SASE, todays date.  
01/28/2004m/l/f supplemental petition disposedFiling granted Petitioners' unopposed motion for leave to supplement petition for review was granted.
01/23/2004Supplement to Petition filed  Supplemental prayer to petition for review filed on behalf of Kroger Texas Limited Partnership and Robert Moody
01/23/2004m/l/f supplemental petition filed  Motion for leave to supplement petition for review filed on behalf of Kroger Texas Limited Partnership and Robert Moody
01/22/2004Call received  HOLD MOTION TO SUPPLEMENT UNTIL RESPONDENT CALLS NV N/L/T 10 AM.  RESP DOES NOT THINK MOTION IS WHAT WAS AGREED ON.  HE IS SUPPOSE TO S/W PET ATTY TOMORROW MORNING.  PET IS OUT OF POCKET TODAY.  SHOULD BE RECEIVING MOTION TOMORROW 1/23/04.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
10/13/2006Case StoredCase stored.GO2/8-B-1
Parties
Party▲▼Party Type▲▼Representative▲▼
Moody, RobertPetitionerMs. Amber L. Slayton
Arkoma Basin Exploration Company Amicus CuriaeMr. P. Michael Jung
Kroger Texas Limited PartnershipPetitionerMs. Amber L. Slayton
Ms. Donna Peavler
Suberu, TheresaRespondentMr. Thomas J. Stutz
Mr. Thomas B. 'Tom' Cowart
Court of Appeals Information:
Affirmed [duplicate 3] 
113 SW3d 588, 08-18-03 
5th Court of Appeals 
Honorable Molly Meredith Francis 
Trial Court Information
298th District Court 
Dallas 
Honorable Adolph Canales 
00-4462-M