Supreme Court

Case: 07-1042    
07-1042
12/19/2007
Petition for Review/Cause under Rule 53.1
ERI CONSULTING ENGINEERS, INC. AND LARRY G. SNODGRASS 
J. MARK SWINNEA, BRADY ENVIRONMENTAL, INC., AND MALMEBA COMPANY, LTD. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
07/21/2010Reply to Response to Motion for Rehearing filedRespondent Reply in Support of Rehearing (2) filed on behalf of J. Mark Swinnea, et al.
07/08/2010Response to Motion for RehearingPetitioner Petitioners' Response to Motion for Rehearing. On behalf of ERI Consulting Engineers, Inc., et al. (3)
05/26/2010Motion for RehearingRespondent's Motion for Rehearing of Cause filed Respondents' Motion for Rehearing. On behalf of J. Mark Swinnea, et al. (12)
04/03/2009Reply BriefPetitioner Pet's reply brief on the merits. On behalf of ERI Consulting Engineers, Inc., et al. (12)
03/19/2009Brief on the MeritsRespondent Respondent's brief on the merits filed on behalf of J. Mark Swinnea, et al. (orig & 11)
12/29/2008Brief on the MeritsPetitioner Pet's brief on the merits.  Filed on behalf of ERI Consulting Engineers, Inc. and Larry G. Snodgrass (orig & 11)
07/21/2008Reply to ResponsePetitioner Pet's reply to response to pet/rev.  On behalf of ERI Consulting Engineers, Inc., et al. (12)
06/06/2008Response to PetitionRespondent Response to pet/rev.  On behalf of J. Mark Swinnea, et al. (12)
02/14/2008Appendix FiledPetitioner Appendix attached to pet/rev.
02/14/2008Petition for ReviewPetitioner On behalf of ERI Consulting Engineers, Inc., et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/30/2008Electronic copies of brief posted to website  #07104205  Petitioners' Brief on the Merits  Filed: 12/29/08
12/29/2008Brief on the Merits  Pet's brief on the merits.  Filed on behalf of ERI Consulting Engineers, Inc. and Larry G. Snodgrass (orig & 11)
12/20/2007Motion for Extension of Time to File Petition for Review disposedFiling granted M/e/t to file pet/rev is granted.  Pet/rev is due February 4, 2008.
12/19/2007Motion for Extension of Time to File Petition for Review filed  Unopposed M/E/T to file PFR (12) filed on behalf of ERI consulting Engineers, Inc.
12/17/2009Oral argument   argued on behalf of petitioners by Sarah B. Duncan; argued on behalf of respondents by Greg Smith
12/12/2007Designation of Lead Counsel   Mr. Mike Hatchell submits his designation of lead counsel for petitioner (12)
11/26/2008Motion for Extension of Time disposed.Filing granted Second unopposed m/e/t to file pet's brief on the merits granted.  Pet br due n/l/t 3:00 p.m. on 12/29/08; Rsp br due 1/20/09; Reply br due 2/4/09; mlbx rule d/n/a.  Further requests for extensions of time will be disfavored.
11/24/2008Motion for Extension of Time to File Brief filed  Second unopposed m/e/t to file pet's brief on the merits.  On behalf of ERI Consulting Engineers, Inc., et al. (3)
11/03/2009Oral Argument Submission Form from Attorney received  OA submission form submitted by pet atty Sarah B. Duncan of Locke Lord Bissell & Liddell LLP of Austin
10/28/2009Oral Argument Submission Form from Attorney received  OA submission form submitted by rsp atty Greg Smith of Ramey & Flock, P.C. of Tyler, TX
10/23/2009Case set for oral argumentCase set for oral argument Set for OA on December 17, 2009 @ 9 a.m.; time allotted to argue: 20/20 minutes
10/23/2009Petition for Review granted 
10/23/2009Petition for Review disposedFiling granted Set for OA on ??? @ 9 a.m.; time allotted to argue: 20/20 minutes
10/23/2008Motion for Extension of Time disposed.Filing granted Unopposed m/e/t to file brief on the merits granted.  Pet br due n/l/t 3:00  p.m. on 11/26/08; Rsp br due 12/16/08; Reply br due 12/31/08; mlbx rule d/n/a.  Further requests for extensions of time will be disfavored.
10/21/2008Motion for Extension of Time to File Brief filed  PET's unopposed m/e/t to file bom (3) filed on behalf of ERI Consulting Engineers, Inc.
10/06/2008Case Record Filed   INVENTORY IN MAIN REMARKS SECTION
10/01/2010Mandate issued  Mandate & Cost Bill Issued
10/01/2010Motion for Rehearing - DisposedDenied
10/01/2008Electronic copies of brief posted to website  #07104201  Response to Petition  Filed: 06/06/08
09/30/2008Record Requested in Case 
09/26/2008Brief on the Merits Ordered  Brief on the merits requested:  Pet br due n/l/t 3:00 p.m. on 10/27/08; Rsp br due 11/17/08; Reply br due 12/2/08; mlbx rule d/n/a
07/21/2010Reply to Response to Motion for Rehearing filed  Reply in Support of Rehearing (2) filed on behalf of J. Mark Swinnea, et al.
07/21/2008Reply to Response  Pet's reply to response to pet/rev.  On behalf of ERI Consulting Engineers, Inc., et al. (12)
07/08/2010Response to Motion for Rehearing  Petitioners' Response to Motion for Rehearing. On behalf of ERI Consulting Engineers, Inc., et al. (3)
07/08/2008MET to file reply disposed ofFiling granted 2nd M/e/t to file reply to response is granted.  Reply is due July 21, 2008.  No further requests will be considered.
07/07/2008Motion to Extend Time to File Reply filed  PET's Unopposed 2nd m/e/t to file reply to pfr (12) filed on behalf of ERI Consulting Engineers, Inc., et al.
06/27/2008MET to file reply disposed ofFiling granted M/e/t to file reply is granted.   Reply is due July 7, 2008.  Further reqs will be disfavored.
06/26/2008Motion to Extend Time to File Reply filed  PET's Unopposed m/e/t to file reply to pfr (12) filed on behalf of ERI Consulting Engineers, Inc., et al.
06/23/2010Motion for Extension of Time disposed.Filing granted Response to rehearing is due no later than 3pm, July 8, 2010.  further requests will be disfavored
06/21/2010Motion for Extension of Time to File Response  Unopposed motion for extension of time to file response (2) filed on behalf of ERI Consulting Engineers, Inc.
06/08/2010Supreme Court of Texas Requested Response  Requested response to motion for rehearing due no later than 3:00 p.m. on 6/23/10; mailbox rule does not apply
06/06/2008Response to Petition  Response to pet/rev.  On behalf of J. Mark Swinnea, et al. (12)
05/26/2010Case forwarded to Court 
05/26/2010Motion for Rehearing  Respondents' Motion for Rehearing. On behalf of J. Mark Swinnea, et al. (12)
05/11/2011Record returned to Court of Appeals  RECORD RETURNED TO THE 12TH COA
05/11/2011Corrected Mandate Issued  Corrected Mandate Issued
05/11/2011Corrected judgment issued  Corrected Judgment Issued
05/11/2011Mandate recalled due to revision of judgment  Mandate issued 10-01-10 is recalled, and replaced with a corrected mandate issued 05-11-11
05/11/2011Judgment Withdrawn  The judgment issued 05-07-10 is withdrawn and replaced with a corrected judgment
05/07/2010Court approved judgment sent to attorneys of recordIssued
05/07/2010Opinion issuedCourt of Appeals' judgment affirm and reverse in part; remand to court of appeals
05/05/2008Motion for Extension of Time disposed.Filing granted M/e/t to file response to pet/rev is granted.   Response is due n/l/t 3pm, June 6, 2008.  Further requests will be disfavored.  Mailbox rule dna.
05/02/2008Motion for Extension of Time to File Response  Unopposed m/e/t to file response to pet/rev.  On behalf of J. Mark Swinnea, et al. (12)
04/07/2008Supreme Court of Texas Requested Response  Requested response to petition for review due n/l/t 3:00 p.m. on 5/7/08; mlbx rule d/n/a
04/03/2009Reply Brief  Pet's reply brief on the merits. On behalf of ERI Consulting Engineers, Inc., et al. (12)
03/23/2009Electronic copies of brief posted to website  #07104204  Respondents' Brief on the Merits  Filed: 03/19/09
03/19/2009Brief on the Merits  Respondent's brief on the merits filed on behalf of J. Mark Swinnea, et al. (orig & 11)
03/11/2008Case forwarded to Court 
03/07/2008Response Waiver filed  On behalf of J. Mark Swinnea, et al. (12)
02/14/2008Appendix Filed  Appendix attached to pet/rev.
02/14/2008Petition for Review  On behalf of ERI Consulting Engineers, Inc., et al.
02/06/2009Motion for Extension of Time disposed.Filing granted M/e/t to file resp bom is granted.   Resp br is due n/l/t 3pm, March 19, 2009.  Reply br is due n/l/t 3pm, April 3, 2009.  No Further Extensions on Time for this filing will be considered.
02/06/2009Motion for Extension of Time to File Brief filed  Second unopposed m/e/t to file resp's brief on the merits. On behalf of J. Mark Swinnea,  et al. (12)
01/31/2008Second Motion for Extension of Time to File Petition for Review disposedFiling granted 2nd m/e/t to file pet/rev is granted.  Pet/rev is due February 14, 2008.  FURTHER REQUESTS WILL BE DISFAVORED.
01/31/2008Second Motion for Extension of Time to File Petition for Review filed  Unopposed 2nd m/e/t to file pet/rev.  On behalf of ERI Consulting Engineers, Inc., et al. (12)
01/16/2009Motion for Extension of Time disposed.Filing granted Unopposed m/e/t to file respondent's brief on the merits granted.  Resp br due n/l/t 3:00 p.m. on 2/19/09; Reply br due 3/6/09; mlbx rule d/n/a.  Further requests for extensions of time will be disfavored.
01/12/2011Case Stored  G02 ROW 18 H-4
01/12/2009Motion for Extension of Time to File Brief filed  Unopposed m/e/t to file rsp brief on the merits on behalf of J. Mark Swinnea, et al. (12)
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
01/12/2011Case StoredCase stored.G02 ROW 18 H-4
Parties
Party▲▼Party Type▲▼Representative▲▼
Swinnea, J. MarkRespondentMr. Gregory D. Smith
Mr. S. Justin Lindley
Ms. Sheral Kniffin Maloy
ERI Consulting Engineers, Inc.PetitionerMr. Roger W. Anderson
Ms. Sarah B. Duncan
Ms. Susan A. Kidwell
Ms. Elissa Underwood Marek
Mr. Mike A. Hatchell
Ms. Deborah Johnson Race
Court of Appeals Information:
AFF/PT, REV/REND/PT 
236 SW3d 825, 08-30-07 
12th Court of Appeals 
Honorable Sam Griffith 
Trial Court Information
114th District Court 
Smith 
Honorable Cynthia S. Kent 
04-2399-B