Supreme Court

Case: 06-0948    
06-0948
11/01/2006
Petition for Review/Cause under Rule 53.1
CITY OF PASADENA, TEXAS 
RICHARD SMITH 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
10/10/2008Amicus Curiae Brief receivedReceived (instead of filed) Amc brief on behalf of TX State Association of Fire Fighters.  Submitted by D. Craig Deats; 1204 San Antonio St., Ste. 203, Austin, Texas 78701. Ph. 512/474-6200. (12)
09/05/2008Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus letter on behalf of State of Texas.  Submitted by James C. Ho. (12)
08/29/2008Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief (12) filed on behalf of State of Texas. Submitted by James Ho, Solicitor General, Office of the Attorney General , P.O. Box 12548 (MC 059), Austin, TX, 78711, Tel. (512)936-1897.
05/16/2008Petition Reinstated 
03/18/2008Reply to Response to Motion for Rehearing filedPetitioner Reply to response to mo/re.  On behalf of City of Pasadena, Texas. (12)
02/25/2008Response to Motion for RehearingRespondent Response to mo/re.  On behalf of resp, Richard Smith. (12)
02/08/2008Amicus Curiae Brief receivedReceived (instead of filed) Amicus brief on behalf of Texas Municipal League and Texas City Attorneys Associations in support of pet's mo/re.  Submitted by Evelyn W. Njuguna; 1821 Rutherford Lane, Ste. 400, Austin, Texas 78754.  Ph. 512/231-7400, Fx. 512/231-7490.
01/25/2008Amicus Curiae Brief receivedReceived (instead of filed) Amicus brief filed on behalf of The City of Houston, Texas in support of Pet's mo/re and pet/rev.  Submitted by Marcus L. Dobbs; CITY OF HOUSTON-LEGAL DEPT., P.O. Box 368, Houston, Texas 77001-0368.  Ph. 713/247-1517, Fx. 713/247-1017.
01/23/2008Motion for RehearingRehearing filed in Petition for Review Pet's mo/re.  On behalf of City of Pasadena, Texas. (12)
11/29/2007Reply BriefPetitioner Filed on behalf of the City of Pasadena, TX, (12)
10/08/2007Brief on the MeritsRespondent Resp's brief on the merits.  On behalf of Richard Smith. (12)
08/06/2007Brief on the MeritsPetitioner Pet's brief on the merits.  On behalf of City of Pasadena, Texas. (12)
03/28/2007Reply to ResponsePetitioner Petitioner's Reply to Response to Petition for Review
03/13/2007Response to PetitionRespondent On behalf of Richard Smith. (12)
12/04/2006Appendix FiledPetitioner appendix attached
12/04/2006Petition for ReviewPetitioner On behalf of City of Pasadena, Texas.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/31/2007Call received  Call from Mr. Jewell's office letting the Court know that the motion is unopposed.
12/31/2007Phone call from Clerk's Office  Left Msg. w/ Ms. Widell to see if she is opposed or unopposed to the m/e/t to file mo/re.  (is opposed will she be filing an opposition)
12/27/2007Motion for Extension of Time to File Motion for Rehearing  MOTION TO EXTEND TIME TO FILE MOTION FOR REHEARING FILED ON BEHALF OF CITY OF PASADENA, TEXAS.
12/20/2020Document received (See Remarks)  Scanned document added from database.
12/20/2020Document received (See Remarks)  Scanned document added from database.
12/19/2020Document received (See Remarks)  Scanned document added from database.
12/19/2020Document received (See Remarks)  Scanned document added from database.
12/18/2020Document received (See Remarks)  Scanned document added from database.
12/18/2020Document received (See Remarks)  Scanned document added from database.
12/07/2007Petition for Review disposedDenied
12/07/2006Second Motion for Extension of Time to File Petition for Review disposedFiling granted Pet's 2nd m/e/t to file petition for review granted.  Petition for review was filed on 12/4/06.
12/05/2007Motion for Extension of Time disposed.Filing granted M/e/t to file reply bom is granted.  Reply was filed November 29, 2007.
12/04/2006Appendix Filed  appendix attached
12/04/2006Petition for Review  On behalf of City of Pasadena, Texas.
12/04/2006Second Motion for Extension of Time to File Petition for Review filed  On behalf of City of Pasadena, Texas.  Second unopposed m/e/t to file pet/rev.
11/29/2007Reply Brief  Filed on behalf of the City of Pasadena, TX, (12)
11/29/2007Motion for Extension of Time to File Brief filed  M/e/t to file reply bom.  Filed on behalf of City of Pasadena, TX, (12)
11/07/2006Motion for Extension of Time to File Petition for Review disposedFiling granted Pet's m/e/t to file petition for review granted.  Petition for review due n/l/t 5:00 p.m. on 11/29/06.
11/01/2006Motion for Extension of Time to File Petition for Review filed  Motion for extension of time to file petition for review filed on behalf City of Pasadena, Texas  
10/30/2007Electronic copies of brief posted to website  #06094802  Respondent's Brief on the Merits  Filed: 10/08/07
10/15/2008Electronic copies of brief posted to website  #06094814  Amicus Brief - Texas State Association of Fire Fighters  Received: 10/10/08
10/12/2007Letter Filed  from the resp's counsel, Ms. Heidi Widell, to let the Court know that she noticed that she misspelled "brief" on the front cover.  She enclosed 24 labels to cover up the incorrect title.
10/10/2008Amicus Curiae Brief received  Amc brief on behalf of TX State Association of Fire Fighters.  Submitted by D. Craig Deats; 1204 San Antonio St., Ste. 203, Austin, Texas 78701. Ph. 512/474-6200. (12)
10/09/2009Mandate issued  Mandate & Cost Bill Issued
10/09/2007Motion for Extension of Time disposed.Filing granted Rsp 2nd unopposed m/e/t to file brief on the merits granted.  Rsp br was filed on 10/8/07; Reply br due 10/23/07; mlbx rule d/n/a.  
10/08/2007Brief on the Merits  Resp's brief on the merits.  On behalf of Richard Smith. (12)
10/08/2007Motion for Extension of Time to File Brief filed  Second unopposed m/e/t to file resp's brief on the merits.  On behalf of Richard Smith. (12)
09/10/2008Oral argument   argued on behalf of pet by Kevin D. Jewell (Chamberlain Hrdlicka); argued on behalf of rsp by Heidi L. Widell (Law Office of Heidi L. Widell); argued on behalf of amicus by James C. Ho (Office of Attorney General)
09/09/2008Electronic copies of brief posted to website  #06094813  Amicus Letter - State of Texas  Received: 09/05/08
09/09/2008Call received  Call rec'd from Mr. Lipovski w/ Solicitor General's Office.  He wanted to know if it would be permissible for the resp to ask the Court before OA if they could change their OA time from 10:5 to 12:8 in lieu of filing a motion.  I told him I would have to ask the Clerk and get back to him.  
09/09/2008Call received  Call from Ms. Widell asking if they could change the OA times for Amicus and Resp.  Submission schedule has the Amc for 5 mins and the Resp for 15 mins.  Ms. Widell asked if we could change it to:  Resp 12 mins and Amc 8 mins.  Per BH, they would need to file a motion and we could not guarantee an answer by tomorrow.
09/05/2008Amicus Curiae Letter Received  Amicus letter on behalf of State of Texas.  Submitted by James C. Ho. (12)
09/04/2008Electronic copies of brief posted to website  #06094812  Amicus Brief - State of Texas  Received: 08/29/08
08/29/2008Amicus Curiae Brief received  Amicus Curiae Brief (12) filed on behalf of State of Texas. Submitted by James Ho, Solicitor General, Office of the Attorney General , P.O. Box 12548 (MC 059), Austin, TX, 78711, Tel. (512)936-1897.
08/29/2008Motion to Argue disposedFiling granted Unopposed motion of the State of Texas to participate in Oral Argument as Amicus Curiae granted
08/28/2009Court approved judgment sent to attorneys of recordIssued
08/28/2009Opinion issuedCourt of Appeals' judgment reversed; cause remanded to trial court
08/25/2008Oral Argument Submission Form from Attorney received  OA submission form submitted by Heidi L. Widell of Law Office of Heidi L. Widell of San Antonio and James C. Ho as amicus of the Texas Solicitor General's Office
08/25/2008Oral Argument Submission Form from Attorney received  OA submission form submitted by Kevin D. Jewell of Chamberlain, Hrdlicka of Houston, TX
08/25/2008Electronic copies of brief posted to website  #06094811  Petitioner's Reply to Response to Motion for Rehearing  Filed: 03/18/08
08/25/2008Electronic copies of brief posted to website  #06094810  Respondent's Response to Motion for Rehearing  Filed: 02/25/08
08/25/2008Electronic copies of brief posted to website  #06094809  Amicus Brief - TML & TCAA  Received: 02/08/08
08/25/2008Electronic copies of brief posted to website  #06094808  Amicus Brief - City of Houston  Received: 01/25/08
08/25/2008Electronic copies of brief posted to website  #06094807  Petitioner's Motion for Rehearing  Filed: 1/23/08
08/25/2008Electronic copies of brief posted to website  #06094806  Petitioner's Reply Brief  Filed: 11/29/07
08/25/2008Electronic copies of brief posted to website  #06094805  Petitioner's Brief on the Merits  Filed: 08/06/07
08/25/2008Electronic copies of brief posted to website  #06094804  Reply to Response to Petition  Filed: 03/28/07
08/25/2008Electronic copies of brief posted to website  #06094803  Petition for Review  Filed: 12/04/06
08/21/2008Motion to Argue filed  Unopposed motion of the State of Texas to participate in Oral Argument as Amicus Curiae. (12)
08/17/2007Motion for Extension of Time disposed.Filing granted Rsp unopposed m/e/t to file brief on the merits granted.  Rsp br due n/l/t 3:00 p.m. on 9/26/07; Reply br due 10/11/07; mlbx rule d/n/a.  
08/16/2007Motion for Extension of Time to File Brief filed  Unopposed m/e/t to file resp's bom.  On behalf of Richard Smith. (12)
08/13/2008Phone call from Clerk's Office  Call made to parties letting them know that oral argument has been set.
08/13/2008Case set for oral argumentCase set for oral argument Set for OA on 9/10/08 at 9:00 a.m.; Time allotted to argue 20/20 minutes
08/06/2007Brief on the Merits  Pet's brief on the merits.  On behalf of City of Pasadena, Texas. (12)
07/12/2007Motion for Extension of Time disposed.Filing granted Second m/e/t to file brief on the merits granted.  Pet br due n/l/t 3:00 p.m. on 8/6/07; Rsp br due 8/27/07; Reply br due 9/11/07; mlbx rule d/n/a.  Further requests for extensions of time will be disfavored.
07/09/2007Motion for Extension of Time to File Brief filed  Second m/e/t to file brief on the merits.  On behalf of City of Pasadena, Texas. (12)
06/18/2007Motion for Extension of Time disposed.Filing granted M/E/T to file pet's brief on the merits granted.  Pet br due n/l/t 3:00 p.m. on 7/6/07; Rsp br due 7/26/07; Reply br due 8/10/07
06/07/2007Motion for Extension of Time to File Brief filed  M/E/T to file pet's brief on the merits.  On behalf of City of Pasadena. (12)
05/18/2007Electronic copies of brief posted to website  #06094801  Response to Petition 3/13/07
05/16/2008Petition for Review granted 
05/16/2008Previous Order of the Court withdrawn  order denying petition for review on 12/7/07 is withdrawn.  mo/re granted on 5/16/08 setting petition for oral argument.
05/16/2008Petition for Review disposedFiling granted date and time to be determined at a later date
05/16/2008Petition Reinstated 
05/16/2008Motion for Rehearing - DisposedFiling granted
05/16/2007Case Record Filed   Inventory in main remarks section
05/09/2007Record Requested in Case 
05/07/2007Brief on the Merits Ordered  Brief on the merits requested:  Pet br due n/l/t 3:00 p.m. on 6/6/07; Rsp br due 6/26/07; Reply br due 7/11/07; mlbx rule d/n/a
03/28/2007Reply to Response  Petitioner's Reply to Response to Petition for Review
03/18/2008Reply to Response to Motion for Rehearing filed  Reply to response to mo/re.  On behalf of City of Pasadena, Texas. (12)
03/13/2007Response to Petition  On behalf of Richard Smith. (12)
03/12/2007Motion for Extension of Time disposed.Filing granted m/e/t to file requested response is granted; response due n/l/t 3 pm, 3/13/07; mlbx rule d/n/a;  further m/e/t's will be disfavored
03/08/2007Motion for Extension of Time to File Response  Respondent's unopposed m/e/t to file response to pet/rev.  On behalf of Richard Smith.
02/25/2008Response to Motion for Rehearing  Response to mo/re.  On behalf of resp, Richard Smith. (12)
02/15/2007Description of document returned to Supreme Court  from Ms. Widell, repondent's counsel.  (pc states - On 02/05/07, the SC requests that respondent file a response to pet/rev.  The response is due on 03/07/2007.)  Verified/updated address w/Ms. Widell.  Resent notice.
02/08/2008Amicus Curiae Brief received  Amicus brief on behalf of Texas Municipal League and Texas City Attorneys Associations in support of pet's mo/re.  Submitted by Evelyn W. Njuguna; 1821 Rutherford Lane, Ste. 400, Austin, Texas 78754.  Ph. 512/231-7400, Fx. 512/231-7490.
02/05/2007Supreme Court of Texas Requested Response  Requested response to petition for review due n/l/t 3:00 p.m. on 3/7/07; mlbx rule d/n/a
02/03/2010Case Stored  G02 Row 16 G-5 (2 vols)
01/29/2008Case forwarded to Court 
01/25/2008Amicus Curiae Brief received  Amicus brief filed on behalf of The City of Houston, Texas in support of Pet's mo/re and pet/rev.  Submitted by Marcus L. Dobbs; CITY OF HOUSTON-LEGAL DEPT., P.O. Box 368, Houston, Texas 77001-0368.  Ph. 713/247-1517, Fx. 713/247-1017.
01/23/2008Motion for Rehearing  Pet's mo/re.  On behalf of City of Pasadena, Texas. (12)
01/09/2007Case forwarded to Court 
01/03/2008Motion for Extension of Time to File Motion for Rehearing disposedFiling granted M/e/t to file mo/re is granted.  Mo/re is due January 23, 2008.  Further requests will be disfavored.
01/03/2007Response Waiver filed  On behalf of Richard Smith. (3)
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
02/03/2010Case StoredCase stored.G02 Row 16 G-5 (2 vols)
Parties
Party▲▼Party Type▲▼Representative▲▼
The State of TexasAmicus CuriaeMr. James C. Ho
The City of Houston, TexasAmicus CuriaeMr. Marcus L. Dobbs
Texas Municipal LeagueAmicus CuriaeMs. Evelyn Waithira Njuguna
Smith, RichardRespondentMs. Heidi Lee Widell
City of Pasadena, TexasPetitionerMr. Norman R. Giles
Justice Kevin D. Jewell
Mr. William S. Helfand
Texas State Association of Fire FightersAmicus CuriaeMr. B. Craig Deats
Court of Appeals Information:
Affirmed [duplicate 1] 
263 SW3d 80, 09-14-06 
1st Court of Appeals 
Honorable Terry Jennings 
Trial Court Information
113th District Court 
Harris 
Honorable Patricia Ann Hancock 
2005-26544