Supreme Court

Case: 04-0729    
04-0729
08/16/2004
Petition for Review/Cause under Tex. R. App. P. 59.1
TOMMY JOE HOLMES 
ALAN BRAD KENT, INDIVIDUALLY AND AS INDEPENDENT EXECUTOR OF THE ESTATE OF LINDA ANN MCWHORTER, DECEASED, AND CASSIE ELIZABETH KENT 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
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.
04/14/2005Waiver of Brief on the MeritsAmicus Curiae Amicus Curiae The Teacher Retirement System of Texas (TRS) elects to waive its amicus response and asks the Court to consider its previous brief filed and its resp in COA.
04/01/2005Waiver of Brief on the MeritsPetitioner Petitioner, Tommy Joe Holmes, believe that no response is necessary to resp brief on the merits filed by resp.  
03/18/2005Brief on the MeritsRespondent Response brief on the merits filed on behalf of Alan Brad Kent et al.
01/18/2005Brief on the MeritsPetitioner Brief on the merits filed on behalf of Tommy Joe Holmes
10/18/2004Response to PetitionRespondent Response to pet. for review filed on behalf of Alan Brad Kent et al.
08/27/2004Amicus Curiae Brief receivedReceived (instead of filed) on behalf of Teacher Retirement System of TX, by Atty.  H. Glenn Hall, III, Atty. General's office, P.O. Box 12548, Austin, TX  78711-2548, 512-475-4300 (not a motion per AW and letter rec'd 09-01-04)
08/16/2004Appendix FiledPetitioner Appendix attached to pet. for review.
08/16/2004Petition for ReviewPetitioner Pet. for review filed on behalf of Tommy Joe Holmes
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/27/2004Record Requested in Case  Emailed Kim Robinson @ 6th COA - cced Clerk
12/17/2004Brief on the Merits Ordered  Pets brief is due 01-17-05, resp brief is due 02-07-05, reply brief is due 02-22-05, all briefs are due n/l/t 3:00 p.m., mlbx rule d/n/a
10/19/2004Case forwarded to Court 
10/18/2004Response to Petition  Response to pet. for review filed on behalf of Alan Brad Kent et al.
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.
09/20/2004Motion for Extension of Time to File Response disposedFiling granted Rsp m/e/t to file response to petition for review granted.  Response to petition for review due October 15, 2004. Further requests for extensions of time will be disfavored.
09/15/2004Motion for Extension of Time to File Response  Motion to extend time to file response to pet. for review filed on behalf of Tommy Joe Holmes
09/01/2004Letter Filed  letter from amicus Teacher Retirment System regarding amicus brief filed 08-27-04 (1)
09/01/2004Description of document returned to Supreme Court  Postcard to Mr. J. Scott Morris - remailed to correct address
08/27/2004Amicus Curiae Brief received  on behalf of Teacher Retirement System of TX, by Atty.  H. Glenn Hall, III, Atty. General's office, P.O. Box 12548, Austin, TX  78711-2548, 512-475-4300 (not a motion per AW and letter rec'd 09-01-04)
08/16/2004Appendix Filed  Appendix attached to pet. for review.
08/16/2004Petition for Review  Pet. for review filed on behalf of Tommy Joe Holmes
06/26/2007Case Stored  G02/6-F-2
06/14/2007Mandate issued  Mandate and cost bill issued.
06/12/2006Letter Received  Letter from amicus Teacher Retirement System of Texas (TRS) requesting the Court to evaluate the current status of the case. (12)
05/01/2007Description of document returned to Supreme Court  from Mr. Steven M. Dowd. (letter: 4/20/07, the SC delivered the enclosed per curiam opinion and judgment in the reference cause.  Pursuant to TRAP 59.1)  Verified and updated address with recepcionist (Lyn Ann).  Updated in CM and resent notice.
04/20/2007Court approved judgment sent to attorneys of recordIssued
04/20/2007Opinion issuedCourt of Appeals' judgment reversed & judgment rendered
04/20/2007Petition for Review granted under TRAP 59.1 
04/20/2007Petition for Review disposedPetition granted pursuant to TRAP 59.1
04/14/2005Waiver of Brief on the Merits  Amicus Curiae The Teacher Retirement System of Texas (TRS) elects to waive its amicus response and asks the Court to consider its previous brief filed and its resp in COA.
04/05/2005Document received (See Remarks)  Rest of copies of petitioners brief waiver filed 4/1/05.  Back dated to that date.
04/01/2005Phone call from Clerk's Office  Call made for additional copies of brief waiver
04/01/2005Waiver of Brief on the Merits  Petitioner, Tommy Joe Holmes, believe that no response is necessary to resp brief on the merits filed by resp.  
03/18/2005Brief on the Merits  Response brief on the merits filed on behalf of Alan Brad Kent et al.
02/28/2005Letter Received  Letter rec'd from George Noelke, P.O. Box 12548, Austin, Texas 78711-2548, (512)475-4300 stating he will be replacing Mr. Harrell Glenn Hall, III as AMA in the case.
02/22/2005Motion for Extension of Time disposed.Filing granted Rsp Alan Brad Kent's m/e/t to file response to pet's brief on the merits granted.  Rsp br due n/l/t 3:00 p.m. on 3/18/05; Reply br due 4/4/05; mlbx rule d/n/a.  Further requests for extensions of time will be disfavored.
02/17/2005Phone call from Clerk's Office  Call made to att., Mr. Vaught, to ascertain his status as lead counsel in this case.  He verified he was lead counsel even though Mr. Underwood was listed as lead counsel.  I requested he send a letter designating his status as lead counsel.
02/17/2005Phone call from Clerk's Office  Call made to att., Mr. Dowd to verify the status of his wording in a response brief on the merits.  Mr. Down verified the filing was in fact a response brief on the merits and the word "reply" was entered in error.
02/17/2005Motion for Extension of Time to File Brief filed  M/E/T to file response brief on the merits filed on behalf of Alan Brad Kent et al.
01/18/2005Electronic copies of brief posted to website  #04072902  Petitioner's Brief on the Merits
01/18/2005Electronic copies of brief posted to website  #04072901  Petition for Review
01/18/2005Brief on the Merits  Brief on the merits filed on behalf of Tommy Joe Holmes
01/04/2005Record Received (See Remarks)  Inventory in remarks
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
06/26/2007Case StoredCase stored.G02/6-F-2
Parties
Party▲▼Party Type▲▼Representative▲▼
Kent, Cassie ElizabethRespondentMr. J. Scott Morris
Kent, Alan BradRespondentMr. J. Scott Morris
Mr. Steven M. Dowd
Teacher Retirement System of Texas Amicus CuriaeMr. Edward D. Burbach
Mr. George C. Noelke
Ms. Barbara Bryant Deane
Mr. Barry Ross McBee
Mr. Gregory Abbott
Mr. Harrell Glenn Hall III
Holmes, Tommy JoePetitionerMr. Robert Collin Underwood
Mr. Robert Underwood
Mr. James A. Vaught
Estate of Linda Ann McWhorterRespondentMr. J. Scott Morris
Court of Appeals Information:
AFF/REV/REMAND 
139 SW3d 120, 06-30-04 
6th Court of Appeals 
Honorable Jack Carter 
Trial Court Information
Panola County Court 
Panola 
Honorable Terry Douglas Bailey 
2002-328