Supreme Court

Case: 07-0147    
07-0147
02/26/2007
Mandamus/Cause
IN RE CALLA DAVIS, MELVIN HURST III, AND ANN B. HEARN 
 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
10/30/2008Response to Motion for RehearingRespondent Response to Relator's Motion for Clarification (12) filed on behalf of Dallas County Commissioner's Court.
10/30/2008Response to Motion for RehearingReal Parties in Interest Rlp, Town of Addison's response to rels' mo/re. (12)
09/30/2008Motion for RehearingRelator's Motion for Rehearing of Cause filed REL's "motion for clarification" (12) filed on behalf of Calla Davis, et al.
06/20/2008Post submission brief filedReal Parties in Interest RLP's Post-Submission Brief (12) filed on behalf of the Town of Addison.
02/26/2008Post submission brief filedReal Parties in Interest RSP's Post-Submission Brief to "clarify the answer to one question raised by the Court during oral arguement" (12) filed on behalf of Dallas county Commissioners Court.
12/05/2007Exhibits in case/cause filedRelator Two huge poster boards for use in OA.  On behalf of Calla Davis, et al.
12/05/2007Exhibits in case/cause filedReal Parties in Interest Rlp's bench exhibits.  On behalf of Dallas County Commissioners Court. (12)
07/30/2007Reply BriefRelator Relators' combined reply to all briefs on the merits.  On behalf of Calla Davis, et al. (12)
07/13/2007Brief on the MeritsReal Parties in Interest Respondent's Brief on the Merits, (12) filed on behalf of Dallas County Commissioners Court
07/13/2007Brief on the MeritsReal Parties in Interest RLP Town of Addison's Brief on the Merits, (12)
06/27/2007Reply to ResponseReal Parties in Interest Rlp, Town of Addison, reply to Rels' response to rlp's m/e/t to file brief on the merits.  On behalf of Town of Addison. (12)
06/13/2007Brief on the MeritsRelator Rels brief on the merits filed on behalf of Calla Davis, et al. (12)
03/15/2007Reply to ResponseRelator Reply to Dallas Cty response to pet. to writ of mand.  On behalf of Calla Davis, et al.
03/12/2007Response to Petition for Writ of Mandamus FiledReal Parties in Interest On behalf of Dallas Cty Commissioners Court.
03/09/2007Response to Petition for Writ of Mandamus FiledReal Parties in Interest On behalf of Town of Addison. (12)
03/01/2007Amicus Curiae Brief receivedReceived (instead of filed) On behalf of Texas Retailers Association and Texas Restaurant Association.  Submitted by Craig B. Florence, Gardere Wynne Sewell LLP, 1601 Elm Street, Suite 3000, Dallas TX 75201-4761.  Phone 214-999-3000.  Fax 214-999-4667
02/28/2007Amicus Curiae Brief receivedReceived (instead of filed) On behalf of 7-Eleven, Inc. a Texas Corp. in support of relators.  Submitted by Michael Coffman, 2711 North Haskell, Dallas TX 75204.  Phone 214-828-7828.  Fax 214-861-1365.
02/28/2007Amicus Curiae Brief receivedReceived (instead of filed) On behalf of Quiktrip Corporation in support of mand.  Submitted by Aaron P. Graft, Brown & Hofmeister LLP, 740 E. Campbell Road, Suite 800, Richardson TX 75081.  Phone 214-747-6100.  Fax 214-747-6111.
02/26/2007Appendix FiledRelator appendix attached
02/26/2007Petition for Writ of Mandamus filedRelator On behalf of Calla Davis, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/25/2020Document received (See Remarks)  Scanned document added from database.
12/24/2020Document received (See Remarks)  Scanned document added from database.
12/23/2020Document received (See Remarks)  Scanned document added from database.
12/22/2020Document received (See Remarks)  Scanned document added from database.
12/21/2020Document 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.
12/19/2008Case Stored  G02 Row 30 D-3 (vols 1 & 2)
12/18/2020Document received (See Remarks)  Scanned document added from database.
12/05/2007Oral argument   Relators represented by Honorable Craig T. Enoch (Winstead PC), from Austin.
Real Party in Interest will be represented by Mr. Grant H. Brenna (Dallas County District Attorney - Civil Division), from Dallas.
12/05/2007Exhibits in case/cause filed  Two huge poster boards for use in OA.  On behalf of Calla Davis, et al.
12/05/2007Exhibits in case/cause filed  Rlp's bench exhibits.  On behalf of Dallas County Commissioners Court. (12)
11/30/2007Electronic copies of brief posted to website  #07014709  Real Party in Interest Town of Addison's Brief on the Merits  Filed: 07/13/07
11/30/2007Electronic copies of brief posted to website  #07014708  Relator's Brief on the Merits  Filed: 06/13/07
11/15/2007Oral Argument Submission Form from Attorney received  OA Submission Form sent on behalf of RLP Dallas County Commissioners Court - Grant H. Brenna, Dallas County District Attorney - Civil Division, Dallas
11/14/2008Certified cys of cost bill sent to attys of record  Cost Bill Issued
11/14/2008Motion for Rehearing - DisposedDenied
11/14/2007Oral Argument Submission Form from Attorney received  On behalf of Calla Davis, Melvin Hurst, and Ann B. Hearn - Craig T. Enoch, Winstead PC, Austin
11/05/2007Electronic copies of brief posted to website  #07014707  Respondent's Brief on the Merits  Filed: 07/13/07
10/30/2008Response to Motion for Rehearing  Response to Relator's Motion for Clarification (12) filed on behalf of Dallas County Commissioner's Court.
10/30/2008Response to Motion for Rehearing  Rlp, Town of Addison's response to rels' mo/re. (12)
10/16/2008Motion for Extension of Time disposed.Filing granted Dallas County Commissioners Court's unopposed m/e/t to file response to mo/re granted.  Requested response to mo/re due n/l/t 3:00 p.m. on 10/30/08; mlbx rule d/n/a.  Further requests for extensions of time will be disfavored.
10/16/2008Motion for Extension of Time disposed.Filing granted Town of Addison's unopposed m/e/t to file response to mo/re granted.  Requested response to mo/re due n/l/t 3:00 p.m. on 10/30/08; mlbx rule d/n/a.  Further requests for extensions of time will be disfavored.
10/15/2008Motion for Extension of Time to File Response  RLP's unopposed m/e/t to file response to motion (3) filed on behalf of Dallas County Commisssioners Court.
10/14/2008Motion for Extension of Time to File Response  Unopposed m/e/t to file response to mo/re.  On behalf of Town of Addison. (12)
10/01/2008Supreme Court of Texas Requested Response  Requested response to relators' motion for clarification due n/l/t 3:00 p.m. on 10/16/08; mlbx rule d/n/a
09/30/2008Case forwarded to Court 
09/30/2008Motion for Rehearing  REL's "motion for clarification" (12) filed on behalf of Calla Davis, et al.
09/15/2008Phone call from Clerk's Office  Called relator attorney Melissa Lorber to let her know that m/e/t to file mo/re granted until September 30, 2008.
09/15/2008Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Unopposed m/e/t to file mo/re granted.  Mo/re due 9/30/08.  Further requests for extensions of time will be disfavored.
09/12/2008Motion for Extension of Time to File Motion for Rehearing  Unopposed m/e/t to file mo/re.  On behalf of Calla Davis, et al. (12)
08/31/2007Case set for oral argumentCase set for oral argument OA set for 12/5/07 @ 9:00 a.m.; Time allotted to argue:  20/20 minutes
08/31/2007Mandamus Set to Argue 
08/31/2007Petition for Writ of Mandamus disposedCase set for oral argument
08/29/2008Motion to strike disposedDenied motion to strike response to mandamus, as amended, denied
08/29/2008Opinion issuedDenied
07/31/2007Electronic copies of brief posted to website  #07014706  Relators' Reply to All Briefs on the Merits - Filed: 07/30/2007
07/30/2007Reply Brief  Relators' combined reply to all briefs on the merits.  On behalf of Calla Davis, et al. (12)
07/18/2008Letter Filed  Rel's letter in response to the June 20/2008 letter filed by rlp, Town of Addison concerning Attorney General Opinion GA-0635.  On behalf of Call Davis, et al. (12)
07/17/2007Motion for Extension of Time disposed.Filing granted Rsp's m/e/t to file brief on the merits granted.  Rsp br was filed on 7/13/07; Reply br due 7/30/07; mlbx rule d/n/a
07/13/2007Brief on the Merits  Respondent's Brief on the Merits, (12) filed on behalf of Dallas County Commissioners Court
07/13/2007Brief on the Merits  RLP Town of Addison's Brief on the Merits, (12)
07/10/2007Motion for Extension of Time to File Brief filed  M/E/T to file rlp's brief on the merits.  On behalf of Dallas County Commissioners Court. (12)
06/28/2007Motion for Extension of Time disposed.Filing granted RLP, Town of Addison's m/e/t to file brief on the merits granted.  RLP br due n/l/t 3:00 p.m. on 7/13/07; Reply br due 7/30/07; mlbx rule d/n/a
06/27/2007Reply to Response  Rlp, Town of Addison, reply to Rels' response to rlp's m/e/t to file brief on the merits.  On behalf of Town of Addison. (12)
06/25/2007Response to Motion filed  Rels' response to Rlp,Town of Addison's m/e/t to file response brief.  On behalf of Calla Davis, et al. (12)
06/25/2007Notice from attorney regarding vacation dates  Vacation notice from Mr. Grant Brenna, City of Dallas' counsel.  He will be on vacation from July 2, 2007 to July 6, 2007. (1)
06/25/2007Call received  Atty. for Relator, Mr. Craig Enoch will be filing a response to the M/E/T to file Brief today.
06/23/2008Correction filed (See Remarks)  Correction to June 20, 2008 post-submission letter brief to alert the Court to the recent release of Attorney General Opinion GA-0635.  On behalf of Town of Addison. (12)
06/22/2007Motion for Extension of Time to File Brief filed  RLP, Town of Addison's M/E/T to file Brief on the Merits, (12)
06/20/2008Post submission brief filed  RLP's Post-Submission Brief (12) filed on behalf of the Town of Addison.
06/20/2007Description of document returned to Supreme Court  from Mr. James Coffman, 7-Eleven's counsel.  (letter: 6/5/07, the SC granted the m/e/t to file rel's bom in the reference case.)  Unable to verify Mr. Coffman's address.  Phone number listed in CM is disconnected.
06/13/2007Supplement to Clerk's/Reporter's Record  Supplemental Record to pet for writ of mandamus. (1)  Filed on behalf of Calla Davis, et al.
06/13/2007Brief on the Merits  Rels brief on the merits filed on behalf of Calla Davis, et al. (12)
06/12/2007Notice from attorney regarding vacation dates  Grant Brenna, atty for RLP,  submitted vacation days as the following: Sept 26-28, 2007 (Wednesday through Friday).
06/09/2008Notice from attorney regarding vacation dates  Vacation notice for rlp's counsel, Mr. Grant Brenna.  He will be on vacation from Sept. 17 thru Sept. 19, 2008. (1)
06/05/2007Motion for Extension of Time disposed.Filing granted Rel's m/e/t to file brief on the merits granted.  Rel br due n/l/t 3:00 p.m. on 6/13/07; Rlp br due 7/3/07; Reply br due 7/18/07; mlbx rule d/n/a
05/31/2007Call received  Call from Mr. Valdes' office letting the Court know that the m/e/t is not opposed.
05/31/2007Motion for Extension of Time to File Brief filed  Relators' M/E/T to file Briefing on the Merits, filed on behalf of Calla Davis, Melvin Hurst III, and Ann B. Hearn.
05/22/2007Electronic copies of brief posted to website  #07014705  Relators' Amended Motion to Strike 3/16/07
05/22/2007Electronic copies of brief posted to website  #07014704  Relators' Reply Brief 3/15/07
05/22/2007Electronic copies of brief posted to website  #07014703  Amicus Curiae Brief of Tex. Retailers Assoc. & Tex. Rest. Assoc. 3/1/07
05/22/2007Electronic copies of brief posted to website  #07014702  Relators' Motion to Expedite 2/26/07
05/22/2007Electronic copies of brief posted to website  #07014701  Petition for Writ of Mandamus 2/26/07
05/16/2007Description of document returned to Supreme Court  from Mr. James Coffman, 7-Eleven's counsel.  (letter: 5/7/07, pursuant to TEX. R. App. 55.1, you are requested to file bom in the reference case.)  Unable to verify Mr. Coffman's address.  Phone number listed in CM is disconnected.
05/07/2007Brief on the Merits Ordered  Brief on the merits requested:  Rel 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
04/03/2008Notice from attorney regarding vacation dates  Vacation notice for rlp, Dallas County Commissioners Court's lead counsel, Mr. Grant Brenna.  Mr. Brenna will be on vacation from May 28 thru May 30, 2008. (1)
03/23/2007Response to Motion filed  Opposition to relator's motion to strike the Town of Addison's response to mandamus.  On behalf of Town of Addison.
03/20/2007Description of document returned to Supreme Court  from Mr. James M. Coffman, 7-Eleven's counsel.  (letter states - On 03/01/07, the SC denied Emergency motion to expedite review of pet. for writ of mandamus.  The pet. for writ of mandamus remains pending before this court.)  Spoke w/Mr. Coffman and he advise to added "Legal Department" on the envolope.  Resent letter. 2nd attempt.
03/20/2007Call received  Rick Thompson called BH to say that he would file an opposition to the motion to strike City of Addison's brief.
03/16/2007Amendment to Motion filed   Corrected motion to strike The Town of Addison response.  On behalf of Calla Davis, et al. (12)
03/15/2007Reply to Response  Reply to Dallas Cty response to pet. to writ of mand.  On behalf of Calla Davis, et al.
03/15/2007Motion to Strike filed  Relators' motion to strike The Town of Addison's response to mand.  On behalf of Calla Davis, et al. (12)
03/12/2007Response to Petition for Writ of Mandamus Filed  On behalf of Dallas Cty Commissioners Court.
03/09/2007Response to Petition for Writ of Mandamus Filed  On behalf of Town of Addison. (12)
03/01/2007Reply to Response to Motion  Relators' reply to respondent's response to emergency motion to expedite review.  On behalf of Calla Davis, et al.
03/01/2007Response to Motion filed  Response to emergency motion to expedite review.  On behalf of Dallas Co. Commissioners Court.
03/01/2007Amicus Curiae Brief received  On behalf of Texas Retailers Association and Texas Restaurant Association.  Submitted by Craig B. Florence, Gardere Wynne Sewell LLP, 1601 Elm Street, Suite 3000, Dallas TX 75201-4761.  Phone 214-999-3000.  Fax 214-999-4667
03/01/2007Phone call from Clerk's Office  Call made to parties saying the motion to expedite was denied.  Petition remains pending.  Req response deadline extended to March 9.
03/01/2007Motion to Expedite disposedDenied Emergency motion to expedite review of petition for writ of mandamus denied
02/28/2007Amicus Curiae Brief received  On behalf of 7-Eleven, Inc. a Texas Corp. in support of relators.  Submitted by Michael Coffman, 2711 North Haskell, Dallas TX 75204.  Phone 214-828-7828.  Fax 214-861-1365.
02/28/2007Amicus Curiae Brief received  On behalf of Quiktrip Corporation in support of mand.  Submitted by Aaron P. Graft, Brown & Hofmeister LLP, 740 E. Campbell Road, Suite 800, Richardson TX 75081.  Phone 214-747-6100.  Fax 214-747-6111.
02/27/2007Phone call from Clerk's Office  Call made to real party atty Robert Schell requesting response to motion and petition for writ of mandamus due n/l/t 10 a.m. on 3/1/07; mlbx rule d/n/a
02/27/2007Supreme Court of Texas Requested Response  Requested response to Emergency motion to expedite review of petition for writ of mandamus and petition for writ of mandamus due n/l/t 10 a.m. on 3/1/07; mlbx rule d/n/a
02/26/2008Post submission brief filed  RSP's Post-Submission Brief to "clarify the answer to one question raised by the Court during oral arguement" (12) filed on behalf of Dallas county Commissioners Court.
02/26/2007Motion to Expedite  Emergency motion to expedite review of petition for writ of mandamus.  On behalf of Calla Davis, et al.
02/26/2007Case Record Filed   Record (1)
02/26/2007Appendix Filed  appendix attached
02/26/2007Petition for Writ of Mandamus filed  On behalf of Calla Davis, et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
12/19/2008Case StoredCase stored.G02 Row 30 D-3 (vols 1 & 2)
Parties
Party▲▼Party Type▲▼Representative▲▼
Quiktrip CorporationAmicus CuriaeMr. Aaron Paul Graft
7-Eleven, Inc.Amicus CuriaeMr. James Michael Coffman
Town of AddisonReal Party in Interest Mr. William Richard (Rick) Thompson II
Ms. Deborah G. Hankinson
Mr. Andrew L. Siegel
Mr. Leland C. De La Garza
Mr. John M. Hill
Mr. Sim Israeloff
Mr. Timothy Zeiger
Texas Retailers Association and Texas Restaurant AssociationAmicus CuriaeMr. Craig B. Florence
Dallas County Commissioners CourtReal Party in Interest Mr. Craig M. Watkins
Mr. Grant Hugh Brenna
Mr. Robert L. Schell
Davis, CallaRelatorMr. Alexander Shin Valdes
Mr. David Fowler Johnson
Mr. Jeffrey A. Hage
Ms. Melissa A. Lorber
Mr. Arthur J. Anderson
Mr. Craig T. Enoch
Court of Appeals Information:
Denied 
269 SW3d 612, 02-22-07 
5th Court of Appeals 
Honorable Molly Meredith Francis 
Trial Court Information