Supreme Court

Case: 04-0628    
04-0628
07/14/2004
Petition for Review/Cause under Tex. R. App. P. 59.1
THE STATE OF TEXAS AND THE TEXAS DEPARTMENT OF TRANSPORTATION 
GEORGE M. DELANY AND PATRICIA ANN DELANY 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
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.
06/23/2006Motion for RehearingRespondent's Motion for Rehearing of Cause filed Respondents' mo/re of grant of pet/rev and reversal of en banc Court of Appeals Judgement.  On behalf of George M. and Patricia Ann Delany.
10/13/2005Reply BriefPetitioner Reply brief on the merits filed on behalf of The State of Texas and Texas Department of Transportation
08/26/2005Brief on the MeritsRespondent Respondent's brief on the merits.  On behalf of George M. and Patricia Ann Delany.
08/08/2005Brief on the MeritsPetitioner Petitioners brief on the merits on behalf of the State of Texas and Texas Department of Transportation.
05/25/2005Surreply filedRespondent Respondent's surreply to petitioners' reply to response to pet/rev.  On behalf of George and Patricia Delany.
04/15/2005Reply to ResponsePetitioner Reply to response to pet. for review filed on behalf of The State of Texas and The Texas Department of Transportation
03/09/2005Response to PetitionRespondent Response to petition for review filed on behalf of George M. Delany and Patricia Ann Delany
01/03/2005Petition for ReviewPetitioner On behalf of The State of Texas and The Texas Department of Transporation
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
11/23/2004Fourth Motion for Extension of Time to File Petition for Review disposedFiling granted Petitioner's 4th m/e/t to file petition for review is granted until 01-03-05; FURTHER REQUESTS FOR EXTENSIONS OF TIME WILL BE DISFAVORED
11/22/2004Fourth Motion for Extension of Time to File Petition for Review filed  Petitioner's 4th m/e/t to file petition for review.  On behalf of State of Texas and TX Dept of Transportation.
10/17/2005Electronic copies of brief posted to website  #04062805  Petitioners' Reply Brief on the Merits 10/13/05
10/15/2004Third Motion for Extension of Time to File Petition for Review disposedFiling granted 3rd 53.7 is granted until 12-02-04, FURTHER REQUESTS FOR EXTENSIONS OF TIME WILL BE DISFAVORED
10/15/2004Third Motion for Extension of Time to File Petition for Review filed  On behalf of The State of Texas and Texas Department of Transportation.  Third m/e/t to file petition for review.
10/13/2005Reply Brief  Reply brief on the merits filed on behalf of The State of Texas and Texas Department of Transportation
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.
09/08/2006Case Stored  G02/8-A-1
09/07/2005Motion for Extension of Time disposed.Filing granted Pet's unopposed m/e/t to file reply brief granted.  Pet's reply br due n/l/t 3:00 p.m. on 10/13/05; mlbx rule d/n/a.  Further requests for extensions of time will be disfavored.
09/06/2005Motion for Extension of Time to File Brief filed  Unopposed motion to extend time to file reply brief on the merits filed on behalf of The State of Texas and Texas Department of Transportation
08/30/2004Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second unopposed m/e/t to file petition for review granted.  Petition for review due n/l/t 3:00 p.m. on October 18, 2004.
08/29/2006Mandate issued  Mandate and cost bill issued.
08/29/2005Electronic copies of brief posted to website  #04062804  Respondent's Brief on the Merits 8/26/05
08/27/2004Second Motion for Extension of Time to File Petition for Review filed  Second unopposed m/e/t to file petition for review on behalf of The State of Tx & TXDOT
08/26/2005Brief on the Merits  Respondent's brief on the merits.  On behalf of George M. and Patricia Ann Delany.
08/25/2006Motion for Rehearing - DisposedDenied
08/09/2005Electronic copies of brief posted to website  #04062803  Petitioners' Brief on the Merits 8/8/05
08/08/2005Phone call from Clerk's Office  left vm message requesting replacement disk w/pets' brief on the merits ebrief
08/08/2005Electronic copies of brief posted to website  #04062802  Petitioners' Reply Brief 4/15/05
08/08/2005Electronic copies of brief posted to website  #04062801  Petition for Review 1/3/05
08/08/2005Brief on the Merits  Petitioners brief on the merits on behalf of the State of Texas and Texas Department of Transportation.
07/19/2005Case Record Filed   inventory in remarks.
07/14/2004Motion for Extension of Time to File Petition for Review disposedFiling granted State of Tx's m/e/t to file pet for review granted.  Petition for review is due September 1, 2004.
07/14/2004Motion for Extension of Time to File Petition for Review filed  on behalf of State of Texas and The Texas Department of Transportation
06/23/2006Case forwarded to Court 
06/23/2006Motion for Rehearing  Respondents' mo/re of grant of pet/rev and reversal of en banc Court of Appeals Judgement.  On behalf of George M. and Patricia Ann Delany.
06/23/2005Motion for Extension of Time disposed.Filing granted Pet's unopposed m/e/t to file brief on the merits granted.  Pets br due n/l/t 3:00 p.m. on 8/8/05; Rsp br due 8/29/05; Reply br due 9/13/05; mlbx rule d/n/a.  Further requests for extensions of time will be disfavored.
06/21/2005Motion for Extension of Time to File Brief filed  Petitioner, The State of Texas, et al.'s unopposed m/e/t to file brief on the merits.
06/06/2005Record Requested in Case 
06/06/2005Brief on the Merits Ordered  Brief on the merits requests due n/l/t 3:00 p.m.:  Pets br due 7/6/05; Rsp br due 7/26/05; Reply br due 8/10/05; mlbx rule d/n/a
06/02/2006Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Rsp's 2nd unopposed m/e/t to file mo/re granted. Mo/re due n/l/t 5:00 p.m. on 6/23/06.
06/01/2006Motion for Extension of Time to File Motion for Rehearing  Respondent's second m/e/t to file mo/re.  On behalf of George M. and Patricia Ann Delany.
05/25/2005Surreply filed  Respondent's surreply to petitioners' reply to response to pet/rev.  On behalf of George and Patricia Delany.
05/15/2006Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Respondents' unopposed m/e/t to file mo/re granted.  Mo/re due n/l/t 5:00 p.m. on 6/2/06.  Further requests for extensions of time will be disfavored.
05/08/2006Notice requesting filing fee  $10 fee request sent to Mr. Billy Dyer for m/e/t to file mo/re.
05/08/2006Motion for Extension of Time to File Motion for Rehearing  Respondents' unopposed m/e/t to file mo/re.  On behalf of George M. and Patricia Ann Delany.
04/28/2006Court approved judgment sent to attorneys of recordIssued
04/28/2006Per Curiam OpinionCourt of Appeals' judgment reversed in part Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses in part the court of appeals' judgment and renders judgment in part.
04/28/2006Petition for Review granted under TRAP 59.1 
04/28/2006Petition for Review disposedPetition granted pursuant to TRAP 59.1
04/15/2005Reply to Response  Reply to response to pet. for review filed on behalf of The State of Texas and The Texas Department of Transportation
03/29/2005MET to file reply disposed ofForm Letter sent in response to motion for extension of time Standard letter sent in response to unopposed pet's m/e/t to file reply to response to pet for review.
03/28/2005Motion to Extend Time to File Reply filed  Unopposed petitioners' m/e/t to file reply to response to pet for rev.  On behalf of The State of Texas, et al.
03/09/2005Response to Petition  Response to petition for review filed on behalf of George M. Delany and Patricia Ann Delany
02/14/2005Supreme Court of Texas Requested Response  Requested response to the petition for review is due n/l/t 3:00 p.m., 03-16-05, mlbx rule d/n/a
01/18/2005Case forwarded to Court 
01/13/2005Response Waiver filed  On behalf of George M. and Patricia Ann Delany.
01/03/2005Appendix to any instrument  appendix attached
01/03/2005Petition for Review  On behalf of The State of Texas and The Texas Department of Transporation
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
09/08/2006Case StoredCase stored.G02/8-A-1
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Department of TransportationPetitionerMs. Lisa M. Nieman
Ms. Susan Desmarais Bonnen
Mr. Cavitt Wendlandt
Delany, Patricia AnnRespondentMr. Billy Coe Dyer
The State of TexasPetitionerMr. Gregory Abbott
Mr. Barry Ross McBee
Mr. Edward D. Burbach
Ms. Susan Desmarais Bonnen
Mr. Grady Click
Delany, George M.RespondentMs. Catherine 'Cathy' B. Smith
Mr. H. Dixon Montague
Mr. Billy Coe Dyer
Mr. Charles Black McFarland
Court of Appeals Information:
Affirmed [duplicate 3] 
149 SW3d 655, 03-16-04 
14th Court of Appeals 
Honorable Paul C. Murphy 
Trial Court Information
212th District Court 
Galveston 
Honorable Susan Criss 
00CV0008