Supreme Court

Case: 07-0945    
07-0945
11/19/2007
Petition for Review/Cause under Rule 53.1
TEXAS PARKS AND WILDLIFE DEPARTMENT 
THE SAWYER TRUST 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
10/12/2009Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief (12) filed on behalf of Texas General Land Office, submitted by Mr. William F. Warnick, 1701 N. Congress Ave., Austin, TX  78701, Phone (512) 936-1925, Fax (512) 463-6311.  (orig & 11)
07/28/2009Reply BriefPetitioner PET's supplemental reply brief on the merits (12) filed on behalf of Texas Parks and Wildlife Department.
07/13/2009Brief on the MeritsRespondent RSP's response to pet's supplemental brief on the merits (12) filed on behalf of The Sawyer Trust.
06/01/2009Brief on the MeritsPetitioner PET's supplemental brief on the merits (12) filed on behalf of Texas Parks and Wildlife Dept.
05/01/2009Petition Reinstated 
02/18/2009Additional citations received.Petitioner From petitioner, Texas Parks and Wildlife Dept. notifying the Court of a recent decision that better defines the split.
(addl. cites - Koch v. General Land Office from the 3rd CA) (orig & 11)
01/29/2009Additional citations received.Petitioner Citing case:  Veteran's Land Board v. Lesley, 11-07-00034-CV, 2009 WL 147042, at *17-*22 (Tex.App.--Eastland Jan. 22, 2009, no pet. h.).  A copy of the opinion is attached to the letter.  On behalf of Texas Parks and Wildlife Department. (12)
01/28/2009Response to Motion for RehearingRespondent Response to pet's mo/re. On behalf of The Sawyer Trust. (12)
12/15/2008Motion for RehearingRehearing filed in Petition for Review PET's MO/RE (12) filed on behalf of Texas Parks and Wildlife Dept.
08/13/2008Reply BriefPetitioner Pet's reply brief on the merits filed on behalf of Texas Parks And Wildlife Dept. (orig & 11)
07/08/2008Brief on the MeritsRespondent RSP's BOM (12) filed on behalf of The Sawyer Trust.
06/18/2008Brief on the MeritsPetitioner Pet's brief on the merits. On behalf of TX Parks and Wildlife Dept. (12)
04/25/2008Reply to ResponsePetitioner Reply to response to pet/rev.  On behalf of Texas Parks and Wildlife Department. (12)
04/16/2008Response to PetitionRespondent Response to PFR (12) filed on behalf of The Sawyer Trust.
12/27/2007Appendix FiledPetitioner Attached to PFR
12/27/2007Petition for ReviewPetitioner Filed on behalf of Texas Parks and Wildlife Dept, (12) appendix attached
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/27/2007Appendix Filed  Attached to PFR
12/27/2007Petition for Review  Filed on behalf of Texas Parks and Wildlife Dept, (12) appendix attached
12/16/2008Case forwarded to Court 
12/15/2008Motion for Rehearing  PET's MO/RE (12) filed on behalf of Texas Parks and Wildlife Dept.
11/26/2008Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Pet's m/e/t to file mo/re granted.  Mo/re due 12/15/08.
11/25/2008Phone call from Clerk's Office  to Mr. Jody Sheets.  Re: to inquire whether or not resp is going to file a response to m/e/t.  Left msg on his answering machine.
11/25/2008Motion for Extension of Time to File Motion for Rehearing  M/E/T to file mo/re.  On behalf of TX Parks and Wildlife Dept. (3)
11/21/2007Motion 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 12/27/07.
11/19/2009Oral argument   argued on behalf of petitioner by Kristofer S. Monson; argued on behalf of respondent by Mr. Jody Sheets
11/19/2007Motion for Extension of Time to File Petition for Review filed  Unopposed m/e/t to file pet/rev.  On behalf Texas Parks and Wildlife Department. (12)
11/14/2008Petition for Review disposedDenied
11/03/2008Notice from attorney regarding vacation dates  Vacation notice submitted as Jan. 5-12,2009 (12) filed on behalf of Mr. Monson.
10/31/2011Case Stored  G02 Row 19 H-5
10/20/2011Mandate issued  Mandate & Cost Bill Issued
10/12/2009Amicus Curiae Brief received  Amicus Curiae Brief (12) filed on behalf of Texas General Land Office, submitted by Mr. William F. Warnick, 1701 N. Congress Ave., Austin, TX  78701, Phone (512) 936-1925, Fax (512) 463-6311.  (orig & 11)
09/11/2009Oral Argument Submission Form from Attorney received  OA submission form submitted by pet atty Kristofer S. Monson of the Office of the Attorney General of Austin
08/28/2009Oral Argument Submission Form from Attorney received  OA submission form submitted by rsp atty Jody Sheets of Law Office of Jody Sheets of Dallas
08/26/2011Court approved judgment sent to attorneys of recordIssued
08/26/2011Concurring and Dissenting Opinion deliveredIssued
08/26/2011Concurring Opinion issued.Issued
08/26/2011Opinion issuedCourt of Appeals' judgment reversed; cause remanded to trial court
08/23/2010Address Change   Notice of change of address for respondent's atty, Mr. Jody Sheets.  Updated in CM. (orig)
08/21/2009Case set for oral argumentCase set for oral argument Set for OA on 11/19/09 @ 9 a.m.; time allotted to argue:  20/20 minutes
08/21/2009Petition for Review granted 
08/21/2009Petition for Review disposedFiling granted Set for OA on 11/19/09; time allotted to argue: 20/20 minutes
08/13/2008Reply Brief  Pet's reply brief on the merits filed on behalf of Texas Parks And Wildlife Dept. (orig & 11)
08/05/2008Phone call from Clerk's Office  Call made to Kris Monson letting him know his m/e/t to file reply brief was granted and due on 8/13/08
08/05/2008Motion for Extension of Time disposed.Filing granted Second m/e/t to file petitioner's reply brief granted.  Reply br due n/l/t 3:00 p.m. on 8/13/08.  Further requests for extensions of time will be disfavored.
08/05/2008Call received  from Mr. Sheets' office to let the Court know that resp is unopposed to m/e/t.  Spoke w/Sherri, Mr. Sheets' asst.
08/05/2008Phone call from Clerk's Office  to Mr. Jody Sheets.  Re: whether resp is opposed or unopposed to m/e/t to file bom.  Left 2nd msg on VM.
08/01/2008Phone call from Clerk's Office  to Mr. Jody Sheets.  Re: to inquire whether resp's opposed or unopposed to m/e/t. Left msg on Mr. Sheets' VM.
08/01/2008Motion for Extension of Time to File Brief filed  M/E/T to file pet's reply brief on the merits.  On behalf of TX Parks and Wild Dept. (12)
07/28/2009Reply Brief  PET's supplemental reply brief on the merits (12) filed on behalf of Texas Parks and Wildlife Department.
07/18/2008Motion for Extension of Time disposed.Filing granted M/e/t to file pet's reply br is granted.   Pet's reply is due n/l/t 3pm, August 6, 2008.  Further reqs will be disfavored.  mailbox rule dna.
07/18/2008Motion for Extension of Time to File Brief filed  PET's Unopposed m/e/t to file reply BOM (12) filed onb ehalf of Texas Parks & Wildlife Dept.
07/13/2009Electronic copies of brief posted to website  #07094509  Response to Petitioner's Supplemental Brief  Filed: 07/13/09
07/13/2009Brief on the Merits  RSP's response to pet's supplemental brief on the merits (12) filed on behalf of The Sawyer Trust.
07/10/2008Electronic copies of brief posted to website  #07094505  Respondent's Brief on the Merits  Filed: 07/08/08
07/08/2008Brief on the Merits  RSP's BOM (12) filed on behalf of The Sawyer Trust.
06/22/2009Motion 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 13, 2009.  Reply br is due n/l/t 3pm, July 28, 2009.  FURTHER REQS WILL BE DISFAVORED.  MAILBOX RULE DNA.
06/19/2009Motion for Extension of Time to File Brief filed  Unopposed m/e/t to file resp's brief on the merits. On behalf of The Sawyer Trust. (3)
06/19/2008Electronic copies of brief posted to website  #07094504  Petitioner's Brief on the Merits  Filed: 06/18/08
06/18/2008Brief on the Merits  Pet's brief on the merits. On behalf of TX Parks and Wildlife Dept. (12)
06/10/2008Electronic copies of brief posted to website  #07094503  Reply to Response to Petition  Filed: 04/25/08
06/10/2008Electronic copies of brief posted to website  #07094502  Response to Petition  Filed: 04/16/08
06/10/2008Electronic copies of brief posted to website  #07094501  Petition for Review  Filed: 12/27/07
06/02/2009Electronic copies of brief posted to website  #07094508  Petitioner's Supplemental Brief on the Merits  Filed: 06/01/09
06/01/2009Brief on the Merits  PET's supplemental brief on the merits (12) filed on behalf of Texas Parks and Wildlife Dept.
05/30/2008Designation of Lead Counsel   Notice of designation of new lead counsel, Mr. Kristofer S. Monson, is now lead counsel for petitioner
05/29/2009Letter Filed  Letter to inform the Court that pet's co-counsel, Liz Bills, has passed away.  On behalf of TX Parks & Wildlife Dept. (12)
05/27/2008Case Record Filed   Inventory in main remarks
05/19/2008Record Requested in Case 
05/19/2008Brief on the Merits Ordered  Brief on the merits requested:  Pet br due n/l/t 3:00 p.m. on 6/18/08; Rsp br due 7/8/08; Reply br due 7/23/08; mlbx rule d/n/a
05/01/2009Brief on the Merits Ordered  Requested (supplemental) briefs on the merits, in light of the decision issued by the Court on 5/1/09 in The City of El Paso, et al v. Heinrich: Pet br due n/l/t 3:00 p.m. on 6/1/09; Rsp br due 6/22/09; Reply br due 7/7/09; mlbx rule d/n/a
05/01/2009Petition Reinstated 
05/01/2009Previous Order of the Court withdrawn  denial of petition for review on November 14, 2008, withdrawn; mo/re granted; petition remains pending
05/01/2009Motion for Rehearing - DisposedFiling granted
04/25/2008Reply to Response  Reply to response to pet/rev.  On behalf of Texas Parks and Wildlife Department. (12)
04/16/2008Response to Petition  Response to PFR (12) filed on behalf of The Sawyer Trust.
03/17/2008Motion for Extension of Time disposed.Filing granted M/e/t to file resp is granted.  Resp is due n/l/t 3pm, April 16, 2008.  Further requests will be disfavored.  Mailbox rule dna.
03/17/2008Motion for Extension of Time to File Response  Unopposed m/e/t to file resp to pet/rev.  On behalf of The Sawyer Trust. (12)
03/11/2008Additional Copies received  Rec'd (2) additional copies from the COA of change of address for Mr. Jody Sheets.
03/10/2008Address Change   Change of address on behalf of resp's lead counsel, Mr. Jody Sheets.  Updated in CMS. (1)
02/25/2009Letter Filed  Letter in response to pet's add'l cites filed on Feb 28, 2009.  Filed on behalf of resp, The Sawyer Trust. (12)
02/25/2008Supreme Court of Texas Requested Response  Requested response to petition for review due n/l/t 3:00 p.m. on 3/26/08; mlbx rule d/n/a
02/18/2009Additional citations received.  From petitioner, Texas Parks and Wildlife Dept. notifying the Court of a recent decision that better defines the split.
(addl. cites - Koch v. General Land Office from the 3rd CA) (orig & 11)
02/05/2009Letter Filed  Letter in response to pet's add'l cites filed on Jan 29, 2009.  Filed on behalf of resp, The Sawyer Trust. (2)
01/29/2009Additional citations received.  Citing case:  Veteran's Land Board v. Lesley, 11-07-00034-CV, 2009 WL 147042, at *17-*22 (Tex.App.--Eastland Jan. 22, 2009, no pet. h.).  A copy of the opinion is attached to the letter.  On behalf of Texas Parks and Wildlife Department. (12)
01/29/2008Case forwarded to Court 
01/28/2009Response to Motion for Rehearing  Response to pet's mo/re. On behalf of The Sawyer Trust. (12)
01/13/2009Supreme Court of Texas Requested Response  Requested response to motion for rehearing due n/l/t 3:00 p.m. on 1/28/09; mlbx rule d/n/a.
01/05/2021Document received (See Remarks)  Scanned document added from database.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
10/31/2011Case StoredCase stored.G02 Row 19 H-5
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Parks and Wildlife DepartmentPetitionerMr. James C. Ho
Honorable Kent C. Sullivan
Mr. C. Andrew Weber
Mr. Gregory Abbott
Ms. Karen Watson Kornell
Mr. Kristofer S. Monson
Mr. Jeffrey L. Rose
Ms. Liz Bills
Mr. David Preister
Texas General Land OfficeAmicus CuriaeMr. William F. Warnick
The Sawyer TrustRespondentMr. Jody Sheets
Court of Appeals Information:
Affirmed [duplicate 1] 
354 SW3d 489, 08-22-07 
7th Court of Appeals 
Honorable Per Curiam 
Trial Court Information
100th District Court 
Donley 
Honorable David M. McCoy 
DCV-06-06358