Supreme Court

Case: 07-0743    
07-0743
10/24/2007
Petition for Review/Cause under Tex. R. App. P. 59.1
TEXAS DEPARTMENT OF TRANSPORTATION 
JIMMY DON YORK, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF REBECCA YORK, DECEASED AND JAMES R. BODIFORD, JR., INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF REBECCA YORK, TONYA BODIFORD, AND SHIRLEY FOWLER 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
03/24/2009Response to Motion for RehearingRespondent Response to pet's mo/re. On behalf of Jimmy Don York, et al. (12)
12/19/2008Motion for RehearingPetitioner's motion for rehearing of cause filed Pet's mo/re. On behalf of TX Dept. of Transportation. (12)
07/28/2008Reply BriefPetitioner Pet's reply brief on the merits on behalf of Texas Dept. of Transportation (orig & 11)
07/11/2008Brief on the MeritsRespondent RSP's BOM (12) filed on behalf of Jimmy Don York, et al.
05/21/2008Brief on the MeritsPetitioner PET's BOM (12) filed on behalf of Tex. Dept of Transportation.
02/21/2008Reply to ResponsePetitioner Reply to PFR (12) filed on behalf of Texas Dept. of Transportation.
02/06/2008Response to PetitionRespondent Response to pet/rev.  On behalf of Jimmy Don York, et al. (12)
10/24/2007Appendix FiledPetitioner Appendix attached to pet/rev.
10/24/2007Petition for ReviewPetitioner on behalf of Texas Department of Transportation
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/19/2008Case forwarded to Court 
12/19/2008Motion for Rehearing  Pet's mo/re. On behalf of TX Dept. of Transportation. (12)
12/11/2007Case forwarded to Court 
12/05/2008Court approved judgment sent to attorneys of recordIssued
12/05/2008Opinion issuedCourt of Appeals' judgment reversed; remanded to Court of Appeals
12/05/2008Petition for Review granted under TRAP 59.1 
12/05/2008Petition for Review disposedPetition granted pursuant to TRAP 59.1
10/24/2007Appendix Filed  Appendix attached to pet/rev.
10/24/2007Petition for Review  on behalf of Texas Department of Transportation
09/19/2007Motion for Extension of Time to File Petition for Review disposedFiling granted M/e/t to file pet/rev is granted.  Pet/rev is due October 24, 2007.
09/17/2007Phone call from Clerk's Office  to Mr. Ron Butler.  Re: response to 53.7 motion.  Per Susan, Mr. Butler's secretary, respondents opposes the motion but won't file a response to it.
09/14/2007Motion for Extension of Time to File Petition for Review filed  Opposed m/e/t to file pet/rev.  On behalf of Texas Department of Transportation. (12)
07/29/2008Electronic copies of brief posted to website  #07074305  Petitioner's Brief on the Merits  Filed: 05/21/08
07/28/2008Electronic copies of brief posted to website  #07074304  Petitioner's Reply Brief  Filed: 07/28/08
07/28/2008Reply Brief  Pet's reply brief on the merits on behalf of Texas Dept. of Transportation (orig & 11)
07/18/2008Electronic copies of brief posted to website  #07074303  Respondents' Brief on the Merits  Filed: 07/11/08
07/16/2009Case Stored  G02 Row 16 J-5 (2 vols)
07/11/2008Brief on the Merits  RSP's BOM (12) filed on behalf of Jimmy Don York, et al.
07/03/2009Mandate issued  Mandate & Cost Bill Issued
06/12/2008Notice from attorney regarding vacation dates  From Mr. Ron Butler, atty for resp, that he will be on vacation June 27- July 6, 2008
06/12/2008Motion for Extension of Time disposed.Filing granted M/e/t to file resp bom is granted.   Resp br is due n/l/t 3pm, July 11, 2008.  Reply br is due n/l/t 3pm, July 28, 2008.  Further requests will be disfavored.  Mailbox rule dna.
06/12/2008Additional Copies received  (11) hard copies of m/e/t to file resp's bom.  Backdated to 06/10/08. On behalf of Jimmy Don York, et al.
06/11/2008Phone call from Clerk's Office  to Mr. Ron Butler. Re: to request $10 filing fee and (11) copies of motion.  Spoke w/Mr. Butler's assistant, she will send the fee and copies today.
06/10/2008Motion for Extension of Time to File Brief filed  Unopposed m/e/t to file resps' brief on the merits.  On behalf of Jimmy Don York, et al. (12)
05/22/2009Court approved judgment sent to attorneys of recordIssued
05/22/2009Opinion issuedCourt of Appeals' judgment reversed and dismissed
05/22/2009Previous opinion withdrawn  opinion issued December 5, 2008 withdrawn and substituted
05/22/2009Motion for Rehearing - DisposedFiling granted
05/21/2008Brief on the Merits  PET's BOM (12) filed on behalf of Tex. Dept of Transportation.
04/22/2008Motion for Extension of Time disposed.Filing granted M/e/t to file pet's bom is granted.   Pet's br is due n/l/t 3pm, May 21, 2008.  Resp's br is due n/l/t 3pm, June 10, 2008.  Reply due n/l/t 3pm, June 25, 2008.  Further requests for exts of time will be disfavored.  Mailbox rule dna.
04/21/2008Motion for Extension of Time to File Brief filed  Unopposed m/e/t to file brief on the merits.  On behalf of Texas Dept. of Transportation. (12)
03/31/2008Case Record Filed   INVENTORY IN MAIN REMARKS SECTION
03/31/2008Electronic copies of brief posted to website  #07074302  Reply in Support of Petition  Filed: 02/21/08
03/31/2008Electronic copies of brief posted to website  #07074301  Petition for Review  Filed: 10/24/07
03/25/2008Record Requested in Case 
03/24/2009Response to Motion for Rehearing  Response to pet's mo/re. On behalf of Jimmy Don York, et al. (12)
03/21/2008Brief on the Merits Ordered  Brief on the merits requested:  Pet br due n/l/t 3:00 p.m. on 4/21/08; Rsp br due 5/12/08; Reply br due 5/27/08; mlbx rule d/n/a
03/18/2009Motion for Extension of Time disposed.Filing granted M/e/t to file resp to mo/re is granted.   Resp is due n/l/t 3pm, March 23, 2009.  mailbox rule dna.  further reqs will be disfavored.
03/17/2009Motion for Extension of Time to File Response  RSP's unopposed motion for extension of time to file response to mo/re (3) filed on behalf of Jimmy Don York.
03/02/2009Supreme Court of Texas Requested Response  Requested response to motion for rehearing due n/l/t 3:00 p.m. on 3/17/09; mlbx rule d/n/a
02/21/2008Reply to Response  Reply to PFR (12) filed on behalf of Texas Dept. of Transportation.
02/06/2008Response to Petition  Response to pet/rev.  On behalf of Jimmy Don York, et al. (12)
01/08/2008Supreme Court of Texas Requested Response  Requested response to petition for review due n/l/t 3:00 p.m. on 2/7/08; mlbx rule d/n/a
01/05/2021Document received (See Remarks)  Scanned document added from database.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/16/2009Case StoredCase stored.G02 Row 16 J-5 (2 vols)
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Department of Transportation PetitionerMr. Adam W. Aston
Honorable Kent C. Sullivan
Mr. David B. Strain
Mr. C. Andrew Weber
Mr. Rafael Edward Cruz
Mr. Gregory Abbott
Mr. David S. Morales
Mr. James C. Ho
York, Jimmy DonRespondentMr. Chad Bassett Matthews
Mr. Ron Butler
Court of Appeals Information:
Affirmed as Modified 
234 SW3d 212, 08-08-07 
10th Court of Appeals 
Honorable William R. Vance 
Trial Court Information
82nd District Court 
Robertson 
Honorable Robert M. Stem 
04-03-16914-CV