Supreme Court

Case: 08-0061    
08-0061
01/22/2008
Petition for Review/Cause under Rule 53.1
THE STATE OF TEXAS 
CENTRAL EXPRESSWAY SIGN ASSOCIATES, ET AL. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
11/12/2009Response to Reply filedPetitioner Response of the State of Texas to reply in support of motion for rehearing of respondent, Central Expressway Sign Associates. (orig & 11)
10/21/2009Reply to Response to Motion for Rehearing filedRespondent Resp's in support of mo/re. On behalf of Central Expressway Sign Associates. (12)
10/09/2009Response to Motion for RehearingPetitioner Response of The State of Texas to mo/re.  (orig & 11)
07/31/2009Motion for RehearingRespondent's Motion for Rehearing of Cause filed Resp's mo/re. On behalf of Central Expressway Sign Associates. (12)
05/29/2009Amicus Curiae Brief receivedReceived (instead of filed) Amicus brief in support of position of respondents.  On behalf of H. Roger Lawler.  Submitted by Julia Pendery; 3030 LBJ Freeway, Ste. 1630, LB 50, Dallas Texas 75234. (ph) 972-243-1999, (fx) 972-243-8999.  (12)
03/26/2009Post submission brief filedRespondent Post-Submission brief filed on behalf of Central Expressway Sign Associates. (12)
02/20/2009Response to Brief filedPetitioner Response of the State of Texas to resp's post-submission brief (Orig & 12)
01/20/2009Post submission brief filedRespondent RSP's Post-Submission Brief (12) filed on behalf of Viacom Outdoor, Inc.
01/13/2009Exhibits in case/cause filedRespondent (1) Poster Board for OA filed on behalf of Central Expressway Sign Assoc., et al.
01/09/2009Response to Amicus Curiae Brief filedPetitioner Pet's response to The Outdoor Advertising Assoc. of America's amicus brief.  On behalf of the State of Texas. (12)
12/01/2008Amicus Curiae Brief receivedReceived (instead of filed) Amicus brief  on behalf of The Outdoor Advertising Assoc. of America in support of brief on the merits of respondent, Viacom Outdoor, Inc.  Submitted by J. Allen Smith,  Settle Pou, 3333 Lee Parkway, Eighth Floor, Dallas, Texas    75219 214-520-3300, 214-526-4145
10/30/2008Reply BriefPetitioner PET's Reply BOM (12) filed on behalf of the State of Texas.
09/26/2008Brief on the MeritsRespondent Resps' brief on the merits.  On behalf of Viacom Outdoor, Inc., et al. (12)
09/26/2008Brief on the MeritsRespondent Resps' brief on the merits.  On behalf of Central Expresseway Sign Associates, et al. (12)
07/18/2008Brief on the MeritsPetitioner Pet's brief on the merits.  On behalf of The State of Texas. (12)
04/08/2008Reply to ResponsePetitioner PET's Reply to resp to PFR (12) filed on behalf of the State of Texas.
03/27/2008Amicus Curiae Brief receivedReceived (instead of filed) Amicus brief on behalf of City of Burleson, et al. in support of pet/rev.  Submitted by Craig Smyser; SMYSER KAPLAN & VASELKA, LLP., 700 Louisiana, Ste. 2300, Houston, Texas 77002. Ph. 713-221-2300, Fx. 713-221-2320.
03/17/2008Response to PetitionRespondent Response to PFR (12) filed on behalf of Central Expressway Sign Assoc., et al.
01/22/2008Appendix FiledPetitioner Attached to PFR
01/22/2008Petition for ReviewPetitioner Filed on behalf of The State of Texas, (12) appendix attached
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/23/2008Oral Argument Submission Form from Attorney received  OA submission form submitted by Susan Desmarais Bonnen of the Office of the Attorney General of Austin, Tx
12/15/2008Oral Argument Submission Form from Attorney received  OA submission form submitted by Joe H. Staley, Jr. of Law Offices of Joe H. Staley, Jr., P.C. of Dallas for Central Expressway Sign Associates
12/11/2008Oral Argument Submission Form from Attorney received  OA submission form submitted by Sydney Nell Floyd of Roth Felder & Falick of Houston, TX
12/01/2008Amicus Curiae Brief received  Amicus brief  on behalf of The Outdoor Advertising Assoc. of America in support of brief on the merits of respondent, Viacom Outdoor, Inc.  Submitted by J. Allen Smith,  Settle Pou, 3333 Lee Parkway, Eighth Floor, Dallas, Texas    75219 214-520-3300, 214-526-4145
11/20/2009Opinion issuedCourt of Appeals' judgment reversed; cause remanded to trial court
11/20/2009Previous opinion withdrawn  opinion issued 6/26/09 is withdrawn; opinion issued 11/20/09 replaces withdrawn opinion
11/20/2009Motion for Rehearing - DisposedDenied
11/14/2008Case set for oral argumentCase set for oral argument Set for OA on 1/13/09 @ 9:00 p.m.; time allotted to argue:  20/20 minutes
11/14/2008Petition for Review granted 
11/14/2008Petition for Review disposedFiling granted
11/12/2009Response to Reply filed  Response of the State of Texas to reply in support of motion for rehearing of respondent, Central Expressway Sign Associates. (orig & 11)
10/30/2008Reply Brief  PET's Reply BOM (12) filed on behalf of the State of Texas.
10/21/2009Reply to Response to Motion for Rehearing filed  Resp's in support of mo/re. On behalf of Central Expressway Sign Associates. (12)
10/14/2008Motion for Extension of Time disposed.Filing granted PET's unopposed m/e/t to file Reply BOM granted.  Reply br due n/l/t 3:00 p.m. on 10/27/08.  Further requests for extensions of time will not be considered.
10/10/2008Motion for Extension of Time to File Brief filed  PET's unopposed m/e/t to file Reply BOM (12) filed on behalf of the State of Texas.
10/09/2009Response to Motion for Rehearing  Response of The State of Texas to mo/re.  (orig & 11)
09/29/2008Electronic copies of brief posted to website  #08006106  Viacom - Respondent's Brief on the Merits  Filed: 09/26/08
09/26/2008Brief on the Merits  Resps' brief on the merits.  On behalf of Viacom Outdoor, Inc., et al. (12)
09/26/2008Brief on the Merits  Resps' brief on the merits.  On behalf of Central Expresseway Sign Associates, et al. (12)
09/24/2009Supreme Court of Texas Requested Response  Requested response to motion for rehearing due n/l/t 3:00 p.m. on 10/9/09; mlbx rule d/n/a
09/12/2008Phone call from Clerk's Office  call made to parties to let them know the motions for extensions of time to file rsp briefs are granted.  rsp briefs are due on 9/26/08 and reply br due 10/13/08; mlbx rule d/n/a
09/12/2008Motion for Extension of Time disposed.Filing granted Central Expressway Sign Associates' m/e/t to file respondent's brief on the merits granted.  Rsp br due n/l/t 3:00 p.m. on 9/26/08; Reply br due 10/13/08; mlbx rule d/n/a.  Further requests for extensions of time will be disfavored.
09/12/2008Motion for Extension of Time disposed.Filing granted Viacom Outdoor, Inc's. second unopposed m/e/t to file resp brief on the merits granted.  Rsp br due n/l/t 3:00 p.m. on 9/26/08; reply br due 10/13/08; mlbx rule d/n/a.   Further extensions of time will not be considered.
09/12/2008Motion to strike disposedDenied Motion to strike pet's brief on the merits denied.
09/05/2008Response to Motion filed  State of Texas' response to motion to strike.  (12)
08/27/2008Motion for Extension of Time disposed.Filing granted M/e/t to file response to motion to strike is granted.   Response is due n/l/t 3pm, September 5, 2008.  Further requests will be disfavored.
08/27/2008Motion for Extension of Time to File Response  Unopposed m/e/t to file State of Texas' response to motion to strike petitioner's brief on the merits.  (12)
08/27/2008Motion for Extension of Time to File Brief filed  RSP's 2nd Unopposed m/e/t to file bom (12) filed on behalf of the Viacom Outdoor, Inc.
08/26/2008Call received  From Ms. Susan Bonnen from the AG's office to let the Court know that she will not oppose either of the resp's m/e/t's..
08/19/2008Call received  from Ms. Susan Bonnen to let the Court know that she is opposed to m/e/t bcs of the basis that they won't file a resp's bom until the motion to strike is rule on.  She won't file a response to it.
08/19/2008Phone call from Clerk's Office  to Ms. Susan Desmarais Bonnen. Re: to inquire whether petitioner is opposed or unopposed to resp's m/e/t.  Left msg w/Julia, Ms. Desmarais' secretary.  Requested call back.
08/19/2008Motion for Extension of Time to File Brief filed  Second m/e/t to file resp's brief on the merits.  On behalf of Central Expressway Sign Associates, et al. (12)
08/19/2008Supreme Court of Texas Requested Response  Requested response to Motion to strike pet's brief on the merits due n/l/t 3:00 p.m. on 8/29/08; mlbx rule d/n/a
08/12/2008Motion to Strike filed  Motion to strike pet's brief on the merits.  On behalf of Central Expressway Sign Associates, et al. (12)
07/31/2009Case forwarded to Court 
07/31/2009Motion for Rehearing  Resp's mo/re. On behalf of Central Expressway Sign Associates. (12)
07/31/2008Motion for Extension of Time disposed.Filing granted Viacom Outdoor, Inc. n/k/a CBS Outdoor Inc.'s m/e/t to file resp's br is granted.   Resp's br is due n/l/t 3pm, September 5, 2008.  Reply br is due n/l/t 3pm, September 22, 2008.  further exts will be disfavored.  mailbox rule dna.
07/31/2008Motion for Extension of Time to File Brief filed  Unopposed m/e/t to file resp's brief on the merits.  On behalf of Viacom Outdoor, Inc.. (12)
07/28/2008Electronic copies of brief posted to website  #08006105  Petitioner's Brief on the Merits  Filed: 07/18/08
07/24/2008Motion for Extension of Time disposed.Filing granted Central Expwy's m/e/t to file response bom is granted.   Resp's br is due n/l/t 3pm, September 5, 2008.  Reply br is due n/l/t 3pm, September 22, 2008.  further exts will be disfavored.  mailbox rule dna.
07/22/2008Phone call from Clerk's Office  Spoke w/ Mr. Milton.  He informed the Court that he would overnight the fee for the m/e/t.
07/22/2008Motion for Extension of Time to File Brief filed  Unopposed m/e/t to file RSP's BOM (12) filed on behalf of Central Expwy. Sign Assoc.
07/18/2008Brief on the Merits  Pet's brief on the merits.  On behalf of The State of Texas. (12)
07/16/2009Motion for Extension of Time to File Motion for Rehearing disposedFiling granted M/e/t to file mo/re is granted.   Mo/re is due July 31, 2009.  Further requests will be disfavored.
07/14/2009Motion for Extension of Time to File Motion for Rehearing  RSP's unopposed motion for extension of time to file motion for rehearing (12) filed on behalf of Central Expressway Sign Assoc.
06/26/2009Court approved judgment sent to attorneys of recordIssued
06/26/2009Opinion issuedCourt of Appeals' judgment reversed; cause remanded to trial court
06/17/2008Motion for Extension of Time disposed.Filing granted M/e/t to file pet's bom is granted.   Pet's brief is due n/l/t 3pm, July 18, 2008.  Resp's br is due n/l/t 3pm, August 7, 2008.  Reply is due n/l/t 3pm, August 22, 2008.  Further requests will be disfavored.  Mailbox rule dna.
06/16/2009Notice from Counsel of a change in address  RSP's change of address:  Law Office of Joe H. Staley, Jr., P.C., 3100 Monticello Ave., Suite 580, Dallas, Texas 75205 (1) filed on behalf of Central Expressway Sign Associates, et al.
06/16/2008Motion for Extension of Time to File Brief filed  Pet's Unopposed m/e/t to file BOM (12) filed on behalf of the State of Texas.
06/12/2008Case Record Filed   inventory in main remarks.
06/10/2008Electronic copies of brief posted to website  #08006104  Reply to Response to Petition  Filed: 04/08/08
06/10/2008Electronic copies of brief posted to website  #08006103  Amicus Brief - City of Burleson  Received: 03/27/08
06/10/2008Electronic copies of brief posted to website  #08006102  Response to Petition  Filed: 03/17/08
06/10/2008Electronic copies of brief posted to website  #08006101  Petition for Review  Filed: 01/22/08
05/29/2009Amicus Curiae Brief received  Amicus brief in support of position of respondents.  On behalf of H. Roger Lawler.  Submitted by Julia Pendery; 3030 LBJ Freeway, Ste. 1630, LB 50, Dallas Texas 75234. (ph) 972-243-1999, (fx) 972-243-8999.  (12)
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
04/09/2008MET to file reply disposed ofFiling granted M/e/t to file reply to response is granted.   Reply was filed April 8, 2008.
04/08/2008Reply to Response  PET's Reply to resp to PFR (12) filed on behalf of the State of Texas.
04/08/2008Motion to Extend Time to File Reply filed  PET's Unopposed m/e/t to file Reply to resp to PFR (12) filed on behalf of the State of Texas.
03/27/2008Amicus Curiae Brief received  Amicus brief on behalf of City of Burleson, et al. in support of pet/rev.  Submitted by Craig Smyser; SMYSER KAPLAN & VASELKA, LLP., 700 Louisiana, Ste. 2300, Houston, Texas 77002. Ph. 713-221-2300, Fx. 713-221-2320.
03/26/2009Post submission brief filed  Post-Submission brief filed on behalf of Central Expressway Sign Associates. (12)
03/18/2008Case forwarded to Court 
03/17/2008Response to Petition  Response to PFR (12) filed on behalf of Central Expressway Sign Assoc., et al.
02/20/2009Response to Brief filed  Response of the State of Texas to resp's post-submission brief (Orig & 12)
02/12/2008Motion for Extension of Time disposed.Filing granted M/e/t to file resp to pet/rev is granted.   Resp is due March 14, 2008.  Further requests for exts of time for this filing will be disfavored.
02/11/2008Motion for Extension of Time to File Response  Agreed m/e/t to file resp to pet/rev.  On behalf of Central Expressway Sign Associates. (12)
02/10/2010Case Stored  G02 Row 16 D-5 (5 vols)
01/22/2008Appendix Filed  Attached to PFR
01/22/2008Petition for Review  Filed on behalf of The State of Texas, (12) appendix attached
01/20/2009Post submission brief filed  RSP's Post-Submission Brief (12) filed on behalf of Viacom Outdoor, Inc.
01/13/2009Oral argument   argued on behalf of petitioner by Susan Desmarais Bonnen; argued on behalf of respondent Central Expressway Sign Associates by Joe H. Staley, Jr. and respondent Viacom Outdoor, Inc. by Sydney Nell Floyd
01/13/2009Exhibits in case/cause filed  (1) Poster Board for OA filed on behalf of Central Expressway Sign Assoc., et al.
01/09/2009Response to Amicus Curiae Brief filed  Pet's response to The Outdoor Advertising Assoc. of America's amicus brief.  On behalf of the State of Texas. (12)
01/08/2010Mandate issued  Mandate & Cost Bill Issued
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
02/10/2010Case StoredCase stored.G02 Row 16 D-5 (5 vols)
Parties
Party▲▼Party Type▲▼Representative▲▼
Outdoor Advertising Association of AmericaAmicus CuriaeMr. J. Allen Smith
Lawler, H. RogerAmicus CuriaeMs. Julia F. Pendery
Viacom Outdoor, Inc.RespondentMr. J. Allen Smith
Mr. Richard L. Rothfelder
Ms. Sydney N. Floyd
Central Expressway Sign AssociatesRespondentMs. Donya C. Folco
Mr. E. Lawrence Vincent Jr.
Mr. Joe H. Staley Jr.
Mr. Benjamin Tyler Milton
The State of Texas PetitionerMr. Gregory Miller
Mr. David S. Morales
Mr. John L Ritts
Honorable Kent C. Sullivan
Ms. Susan Desmarais Bonnen
Ms. Lisa Marie McClain Mitchell
Mr. C. Andrew Weber
Mr. Gregory Abbott
Mr. Jeffrey A Blackwelder
Ms. Kristina Silcocks
City of BurlesonAmicus CuriaeMr. Craig Smyser
Court of Appeals Information:
Affirmed [duplicate 1] 
238 SW3d 800, 08-31-07 
5th Court of Appeals 
Honorable Michael J. O'Neill 
Trial Court Information
County Court at Law No 4 
Dallas 
Honorable W. Bruce Woody 
CC-00-02122-D