Supreme Court

Case: 07-1030    
07-1030
12/14/2007
Petition for Review/Cause under Tex. R. App. P. 59.1
TEXAS DEPARTMENT OF TRANSPORTATION 
SERGIO GARCIA 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
04/13/2009Waiver of Brief on the MeritsRespondent Sergio Garcia elects to rely upon the briefs already on file with the Court.  (12)
09/15/2008Brief on the MeritsPetitioner Pet's brief on the merits, filed on behalf of Texas Dept. of Transportation. (orig & 11)
06/06/2008Reply to ResponsePetitioner PET's Reply in support of PFR (12) filed on behalf of Tex. Dept of Transp.
05/27/2008Response to PetitionRespondent Filed on behalf of respondent, Sergio Garica (orig & 11 copies)
01/18/2008Appendix FiledPetitioner Appendix attached to pet/rev.
01/18/2008Petition for ReviewPetitioner On behalf of Texas Dept. of Transportation.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/28/2007Motion for Extension of Time to File Petition for Review disposedFiling granted M/e/t to file pet/rev is granted.  Pet/rev is due January 14, 2008.
12/17/2007Phone call from Clerk's Office  to Mr. Richard Zayas.  Re:  oppose/unopposed the 53.7 motion.  Left message w/his answering services.
12/14/2007Motion for Extension of Time to File Petition for Review filed  M/E/T TO FILE PET/REV.  ON BEHALF OF TX DEPT. OF TRANSPORTATION. (12)
10/09/2009Mandate issued  Mandate & Cost Bill Issued
10/08/2008Designation of Lead Counsel   Mr. Bill Davis is now lead counsel for Pet, TX Dept. of Transportation. (12) Updated in CSM.
09/15/2008Electronic copies of brief posted to website  #07103003  Petitioner's Brief on the Merits  Filed: 09/15/08
09/15/2008Brief on the Merits  Pet's brief on the merits, filed on behalf of Texas Dept. of Transportation. (orig & 11)
09/10/2008Electronic copies of brief posted to website  #07103002  Reply in Support of Petition  Filed: 06/06/08
09/10/2008Electronic copies of brief posted to website  #07103001  Petition for Review  Filed: 01/18/08
08/28/2009Court approved judgment sent to attorneys of record 
08/28/2009Opinion issuedCourt of Appeals' judgment reversed and remanded to Court of Appeals
08/28/2009Petition for Review granted under TRAP 59.1 
08/28/2009Petition for Review disposedPetition granted pursuant to TRAP 59.1
08/21/2008Motion for Extension of Time disposed.Filing granted 2nd M/e/t to file pet's bom is granted.   Pet's br is due  n/l/t 3pm, September 19, 2008.  Resp br is due n/l/t 3pm, October 9, 2008.  Reply  is due n/l/t 3pm, October 24, 2008.  NO Further reqs will be considered.  Mailbox rule dna.
08/20/2008Phone call from Clerk's Office  Mr. Zayas informed the Court that the RSP does not oppose the PET's 2nd m/e/t to file bom.
08/20/2008Motion for Extension of Time to File Brief filed  PET's Unopposed 2nd m/e/t to file bom (12) filed on behalf of Tex. Dept. of Transportation.
07/18/2008Motion 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, August 20, 2008.  Resp br is due n/l/t 3pm, September 9, 2008.  Reply  is due n/l/t 3pm, September 24, 2008.  Further reqs will be disfavored.  Mailbox rule dna.
07/18/2008Motion for Extension of Time to File Brief filed  Unopposed m/e/t to file pet's brief on the merits.  On behalf of TX Dept. of Transportation. (12)
06/20/2008Case Record Filed   INVENTORY IN MAIN REMARKS SECTION
06/19/2008Record Requested in Case 
06/19/2008Brief on the Merits Ordered  Brief on the merits requested:  Pet br due n/l/t 3:00 p.m. on 7/21/08; Rsp br due 8/11/08; Reply br due 8/26/08; mlbx rule d/n/a
06/06/2008Reply to Response  PET's Reply in support of PFR (12) filed on behalf of Tex. Dept of Transp.
05/27/2008Response to Petition  Filed on behalf of respondent, Sergio Garica (orig & 11 copies)
04/29/2008Motion for Extension of Time disposed.Filing granted M/e/t to file resp is granted.   Resp is due n/l/t 3pm, May 26, 2008.  Further requests will be disfavored.  Mailbox Rule dna.
04/25/2008Motion for Extension of Time to File Response  Unopposed m/e/t to file response to pet/rev.  On behalf of Sergio Garcia. (12)
04/13/2009Waiver of Brief on the Merits  Sergio Garcia elects to rely upon the briefs already on file with the Court.  (12)
04/09/2009Phone call from Clerk's Office  Spoke w/ Asst. for Mr. Zayas.  I requested status of response waiver.  Expecting call back.
04/09/2009Call received  PET Att'y Bill Davis inquiring the status of the case.
03/26/2008Supreme Court of Texas Requested Response  Requested response due n/l/t 3pm, April 25, 2008.  Mailbox Rule dna.
03/09/2010Record returned to Court of Appeals 
03/09/2009Phone call from Clerk's Office  Call made to resp atty, Richard Zayas, regarding resp brief on the merits.  Mr. Zayas said he will not be filing a rsp brief on the merits.  He will send a letter notifying the Court that he will be sending in a response waiver.
03/08/2010Call received  Call rec'd from deputy clerk of 13th COA (Patty Fowler) requesting the return of the record
02/26/2008Case forwarded to Court 
02/04/2010Case Stored  G02 Row 16 G-4 (1 vol)
01/25/2008Second Motion for Extension of Time to File Petition for Review disposedFiling granted 2nd m/e/t to file pet/rev is granted.  Pet/rev was filed January 18, 2008.
01/18/2008Appendix Filed  Appendix attached to pet/rev.
01/18/2008Petition for Review  On behalf of Texas Dept. of Transportation.
01/18/2008Phone call from Clerk's Office  to Mr. Richard Zayas.  Re: we havent' heard from him if resp intends to file a response to motion. Spoke w/David, Mr. Zayas' asst., and he said that they are going to file a response to 53.7 motion.
01/15/2008Phone call from Clerk's Office  to Mr. Richard Zayas.  Re: if resp intends to file a response to motion.  Left message w/David, Mr. Zayas' asst.
01/14/2008Second Motion for Extension of Time to File Petition for Review filed  2nd M/E/T to file a pet/rev.  On behalf of TX Dept. of Transportation. (12)
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
02/04/2010Case StoredCase stored.G02 Row 16 G-4 (1 vol)
Parties
Party▲▼Party Type▲▼Representative▲▼
Garcia, SergioRespondentMr. Richard Edward Zayas
Texas Department of Transportation PetitionerMr. Walter Brocato
Ms. Kristina Silcocks
Mr. Gregory Abbott
Mr. Ryan D. Clinton
Mr. James C. Ho
Mr. Bill Davis
Mr. David S. Morales
Honorable Kent C. Sullivan
Mr. Henry De La Garza
Mr. Rafael Edward Cruz
Court of Appeals Information:
Affirmed [duplicate 1] 
243 SW3d 759, 11-01-07 
13th Court of Appeals 
Honorable Rosemarie R. Vela 
Trial Court Information
103rd District Court 
Cameron 
Honorable Menton Murray 
2004-05-2615-D