Supreme Court

Case: 08-0244    
08-0244
04/02/2008
Petition for Review/Cause under Rule 53.1
BASIC CAPITAL MANAGEMENT, INC., AMERICAN REALTY TRUST, INC., TRANSCONTINENTAL REALTY INVESTORS, INC., CONTINENTAL POYDRAS CORP., CONTINENTAL COMMON, INC., AND CONTINENTAL BARONNE, INC. 
DYNEX COMMERCIAL, INC. AND DYNEX CAPITAL, INC. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
09/22/2011Reply to Response to Motion for Rehearing filedRespondent E-FILED  Respondents Dynex Commercial, Inc., et al.'s Reply in support of Motion for Rehearing. (HARD COPIES REC'D)
08/26/2011Response to Motion for RehearingPetitioner E-FILED  Response to Motion for Rehearing filed on behalf Basic Capital Mgmt., Inc. (HARD COPIES REC'D)
07/01/2011Amicus Curiae Brief receivedReceived (instead of filed) Amicus curiae brief on behalf of Independent Bankers Association of Texas in support of TX Bankers Assoc's Amicus Brief. Submitted by Ms. Karen M. Neeley, Cox Smith Matthews, Inc., 111 Congress Avenue, Suite 2800, Austin, TX.  78701-4084, Phone (512) 703-6315. (orig & 11)
06/20/2011Amicus Curiae Brief receivedReceived (instead of filed) E-FILED: Amicus Curiae Brief in Support of Respondents' Motion for Rehearing received on behalf of Texas Bankers Association. Submitted by B. Scott Daugherty, Texas Bankers Association, 203 W. 10th Street, Austin, Texas 78701, (512) 472-8388. (HARD COPIES REC'D)
06/17/2011Motion for RehearingRespondent's Motion for Rehearing of Cause filed E-FILED: Motion for Rehearing filed on behalf of Dynex Commercial, Inc., et al. HARD COPIES RECEIVED.
01/22/2010Post submission brief filedRespondent RSP's post submission letter brief (12) filed on behalf of Dynex Commercial, Inc.
09/23/2009Post submission brief filedPetitioner PET's supplemental brief on the merits (12) filed on behalf of Basic Capital Mgmt.
09/10/2009Exhibits in case/cause filedRespondent Exhibits for OA titled "Bench Notebook."  On behalf of Dynex Commercial, Inc., et al. (12)
09/09/2009Exhibits in case/cause filedPetitioner Pets' bench book (exhibits for OA).  On behalf of Basic Capital Management, Inc., et al. (12)
02/11/2009Reply BriefPetitioner PET's Reply brief on the merits (12) filed on behalf of Basic Capital Management, Inc.
02/03/2009Amended Petition for Review filedPetitioner Amendment to pet/rev is attached as TabA to the motion to amend.  On behalf of Basic Capital.  (amended Issues Presented)
01/12/2009Brief on the MeritsRespondent Respondent's brief on the merits.  On behalf of Dynex Commercial, Inc. and Dynex Capital, Inc. (orig & 11)
10/22/2008Brief on the MeritsPetitioner Pet's brief on the merits.  On behalf of Basic Capital Management, Inc., et al. (12)
08/07/2008Reply to ResponsePetitioner PET's Reply to PFR (12) filed on behalf of Basic Capital Mgmt.
07/09/2008Response to PetitionRespondent Response to pet/rev.  On behalf of Dynex Commercial, Inc., et al. (12)
05/07/2008Appendix FiledPetitioner attached to PFR
05/07/2008Petition for ReviewPetitioner PFR appendix attached (12) filed on behalf of Basic Capital Management, Inc., et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/12/2008Motion for Extension of Time disposed.Filing granted Rsp's unopposed m/e/t to file brief on the merits granted.  Rsp br due n/l/t 3:00 p.m. on 1/12/09; Reply br due 1/27/09; mlbx rule d/n/a.  Further requests for extensions of time will be disfavored.
12/10/2008Motion for Extension of Time to File Brief filed  RSP's m/e/t to file BOM (3) filed on behalf of Dynex Commercial, Inc.
12/01/2008Address Change   Address change for atty., Deborah G. Hankinson.  New address: Hankinson Levinger LLP, 750 North St. Paul Street, Suite 1800, Dallas, texas   75201  phone # 214-754-9190, 214-754-9140, email: dhankinson@hanklev.com
10/31/2011Case Stored  G02 Row 19 H-5
10/31/2011Record returned to Court of Appeals  RECORD RETURNED TO THE 5TH COA
10/31/2011Mandate issued  Mandate & Cost Bill Issued
10/22/2008Brief on the Merits  Pet's brief on the merits.  On behalf of Basic Capital Management, Inc., et al. (12)
10/21/2011Motion for Rehearing - DisposedDenied
09/23/2009Post submission brief filed  PET's supplemental brief on the merits (12) filed on behalf of Basic Capital Mgmt.
09/22/2011Reply to Response to Motion for Rehearing filed  E-FILED  Respondents Dynex Commercial, Inc., et al.'s Reply in support of Motion for Rehearing. (HARD COPIES REC'D)
09/10/2009Oral argument   argued on behalf of petitioner by William Dorsaneo; argued on behalf of respondent by Deborah G. Hankinson
09/10/2009Exhibits in case/cause filed  Exhibits for OA titled "Bench Notebook."  On behalf of Dynex Commercial, Inc., et al. (12)
09/09/2009Exhibits in case/cause filed  Pets' bench book (exhibits for OA).  On behalf of Basic Capital Management, Inc., et al. (12)
09/09/2008Motion for Extension of Time disposed.Filing granted Joint M/e/t to file boms is granted.   Pet's br is due n/l/t 3pm, October 22, 2008.  Resp's br is due n/l/t 3pm, December 11, 2008.  Reply is due n/l/t 3pm, January 12, 2009.  Further requests will be disfavored.  Mailbox rule dna.  
****(this mo refers to pet's reply bom)****
09/09/2008Motion for Extension of Time disposed.Filing granted Joint M/e/t to file boms is granted.   Pet's br is due n/l/t 3pm, October 22, 2008.  Resp's br is due n/l/t 3pm, December 11, 2008.  Reply is due n/l/t 3pm, January 12, 2009.  Further requests will be disfavored.  Mailbox rule dna.  
****(this mo refers to resps bom) ****
09/09/2008Motion for Extension of Time disposed.Filing granted Joint M/e/t to file boms is granted.   Pet's br is due n/l/t 3pm, October 22, 2008.  Resp's br is due n/l/t 3pm, December 11, 2008.  Reply is due n/l/t 3pm, January 12, 2009.  Further requests will be disfavored.  Mailbox rule dna.  
****(this mo refers to pet's bom) ****
09/09/2008Phone call from Clerk's Office  S/W Barbara w/ Judge Phillips office regarding the joint m/e/t to file boms.  I informed her that since they are asking for 3 different exts they would need to send in an extra $20 and we will have to treat their joint motion as three motions.  She said that she would get the money over asap.
09/09/2008Electronic copies of brief posted to website  #08024403  Reply in Support of Petition  Filed: 08/07/08
09/09/2008Electronic copies of brief posted to website  #08024402  Response to Petition  Filed: 07/09/08
09/09/2008Electronic copies of brief posted to website  #08024401  Petition for Review  Filed: 05/07/08
09/08/2008Motion for Extension of Time to File Brief filed  Pet's m/e/t to file reply bom is granted.   On behalf of Basic Capital Mgmt.  (incorporated w/ joint met)
09/08/2008Motion for Extension of Time to File Brief filed  Resp's m/e/t to file bom.  On behalf of Dynex Commercial.  (incorporated w/ joint m/e/t)
09/08/2008Motion for Extension of Time to File Brief filed  Pet's m/e/t to file bom (12) filed on behalf of Basic Capital Mgmt. (incorporated w/ joint m/e/t.)
08/26/2011Response to Motion for Rehearing  E-FILED  Response to Motion for Rehearing filed on behalf Basic Capital Mgmt., Inc. (HARD COPIES REC'D)
08/22/2008Record Requested in Case 
08/22/2008Brief on the Merits Ordered  Brief on the merits requested:  Pet br due n/l/t 3:00 p.m. on 9/22/08; Rsp br due 10/13/08; Reply br due 10/28/08; mlbx rule d/n/a
08/07/2008Reply to Response  PET's Reply to PFR (12) filed on behalf of Basic Capital Mgmt.
07/30/2009Oral Argument Submission Form from Attorney received  OA submission form submitted by pet atty William Dorsaneo, Professor of Law and Chief Justice John and Lena Hickman Distringuished Faculty Fellow of Dallas
07/29/2011Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to File Response to Motion for Rehearing granted.  Response due no later than 3:00 p.m. on 8/26/11; mailbox rule does not apply. Further requests for extensions of time will be disfavored.
07/26/2011Motion for Extension of Time to File Response  E-FILED  Petitioners Basic Capital Management, Inc., et al.'s Unopposed Motion for Extension of Time to file response to Motion for Rehearing.  (HARD COPIES REC'D)
07/22/2009Oral Argument Submission Form from Attorney received  OA submission form submitted on behalf of Dynex Commercial, Inc., et al. by Deborah G. Hankinson of Hankinson Levinger LLP of Dallas
07/15/2008Case forwarded to Court 
07/14/2008MET to file reply disposed ofFiling granted Unopposed m/e/t to file reply in further support of petition for review granted.  Reply due 8/7/08.
07/12/2011Supreme Court of Texas Requested Response  Requested response to motion for rehearing due no later than 3:00 p.m. on 7/27/11; mailbox rule does not apply
07/11/2008Motion to Extend Time to File Reply filed  PET's Unopposed m/e/t to file reply (12) filed on behalf of Basic Captial Mgmt.
07/10/2009Case set for oral argumentCase set for oral argument Set for OA on 9/10/09 at 9:00 a.m.; time allotted to argue: 20/20 minutes
07/09/2008Response to Petition  Response to pet/rev.  On behalf of Dynex Commercial, Inc., et al. (12)
07/01/2011Phone call from Clerk's Office  To Ms. Karen Neeley to request courtesy email copy of amicus brief filed 7/1/11.  They will send as soon as possible.
07/01/2011Amicus Curiae Brief received  Amicus curiae brief on behalf of Independent Bankers Association of Texas in support of TX Bankers Assoc's Amicus Brief. Submitted by Ms. Karen M. Neeley, Cox Smith Matthews, Inc., 111 Congress Avenue, Suite 2800, Austin, TX.  78701-4084, Phone (512) 703-6315. (orig & 11)
06/20/2011Amicus Curiae Brief received  E-FILED: Amicus Curiae Brief in Support of Respondents' Motion for Rehearing received on behalf of Texas Bankers Association. Submitted by B. Scott Daugherty, Texas Bankers Association, 203 W. 10th Street, Austin, Texas 78701, (512) 472-8388. (HARD COPIES REC'D)
06/17/2011Case forwarded to Court 
06/17/2011Motion for Rehearing  E-FILED: Motion for Rehearing filed on behalf of Dynex Commercial, Inc., et al. HARD COPIES RECEIVED.
06/04/2008Motion for Extension of Time disposed.Filing granted M/e/t to file response to pet/rev is granted.   Response is due July 9, 2008.  Further requests will be disfavored.
06/04/2008Motion for Extension of Time to File Response  Unopposed m/e/t to file resp to pet/rev.  On behalf of Dynex Commercial, Inc., et al. (12)
05/16/2011Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Unopposed motion for extension of time to file motion for rehearing granted.  Motion for rehearing due 6/17/11.  Further requests for extensions of time will be disfavored.
05/13/2011Motion for Extension of Time to File Motion for Rehearing  Unopposed motion for extension of time to file motion for rehearing (2) filed on behalf of Dynex Commercial, Inc., et al.
05/07/2008Appendix Filed  attached to PFR
05/07/2008Petition for Review  PFR appendix attached (12) filed on behalf of Basic Capital Management, Inc., et al.
04/22/2009Electronic copies of brief posted to website  #08024406  Respondents' Brief on the Merits  Filed: 01/12/09
04/17/2009Petition for Review granted 
04/17/2009Petition for Review disposedFiling granted Date and time for oral argument to be determined
04/15/2011Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Respondents' unopposed motion for extension of time to file motion for rehearing granted.  Motion for rehearing due 5/18/11.  Further requests for extensions of time will be disfavored.
04/14/2011Motion for Extension of Time to File Motion for Rehearing  Unopposed motion for extension of time to file motion for rehearing (2) filed on behalf of Dynex Commercial, Inc.
04/03/2008Motion for Extension of Time to File Petition for Review disposedFiling granted M/e/t to file pet/rev is granted.  Pet/rev is due May 7, 2008.
04/02/2008Motion for Extension of Time to File Petition for Review filed  53.7 (12) filed on behalf of Basic Capital Management, Inc., et al.
04/01/2011Court approved judgment sent to attorneys of recordIssued
04/01/2011Opinion issuedCourt of Appeals' judgment reversed; remanded to Court of Appeals
04/01/2011Motion for Leave to File Amended Petition disposedFiling dismissed as moot motion for leave to amend petition for review dismissed as moot
02/11/2009Reply Brief  PET's Reply brief on the merits (12) filed on behalf of Basic Capital Management, Inc.
02/11/2009Response to Motion filed  RSP's response to motion for leave to Amend petition for review (12) filed on behalf of Dynex Commercial, Inc.
02/05/2009Call received  Call rec'd from Rick Thompson stating that a response to the motion for leave to file amended petition for review will be filed by Monday or Tuesday of next week.
02/04/2009Phone call from Clerk's Office  call made to respondent attorney to find out if they will be filing a response to motion for leave to file amended petition for review; Mr. Rick Thompson will call me back to let the Court know if a response is going to be filed.
02/03/2009Amended Petition for Review filed  Amendment to pet/rev is attached as TabA to the motion to amend.  On behalf of Basic Capital.  (amended Issues Presented)
02/03/2009Motion for Leave to File Amended Petition filed  Motion for leave to amend pet/rev. On behalf of Basic Capital Management, Inc., et al. (12)
01/23/2009Motion for Extension of Time disposed.Filing granted Unopposed m/e/t to file reply brief on the merits granted. Reply br due n/l/t 3:00 p.m. on 2/11/09; mlbx rule d/n/a.  further requests for extensions of time will be disfavored.
01/22/2010Post submission brief filed  RSP's post submission letter brief (12) filed on behalf of Dynex Commercial, Inc.
01/22/2009Motion for Extension of Time to File Brief filed  Unopposed m/e/t to file pet's reply brief on the merits. On behalf of Basic Capital Management, Inc., et al. (3)
01/12/2009Brief on the Merits  Respondent's brief on the merits.  On behalf of Dynex Commercial, Inc. and Dynex Capital, Inc. (orig & 11)
01/05/2009Case Record Filed   INVENTORY IN MAIN REMARKS SECTION
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
10/31/2011Case StoredCase stored.G02 Row 19 H-5
Parties
Party▲▼Party Type▲▼Representative▲▼
Dynex Commercial, Inc.RespondentMs. Elana S. Einhorn
Ms. Deborah G. Hankinson
Mr. William Richard (Rick) Thompson II
Mr. Charles Lee Perry
Mr. Charles M. Sims
Mr. Ryan D. Clinton
Mr. Joseph Cecere
Texas Bankers AssociationAmicus CuriaeMr. John Mark Heasley
Mr. B. Scott Daugherty
Independent Bankers Association of TexasAmicus CuriaeMs. Karen M. Neeley
Basic Capital Management, Inc.PetitionerMr. Carlos G. Lopez
Mr. James R. Krause
Mr. Bart Higgins
Mr. Lawrence J. Friedman
Mr. William V. Dorsaneo III
Mr. Jamil N. Alibhai
Mr. Thomas Phillips
Ms. Melissa J. Armstrong
Mr. Michael Lewis Gaubert
Mr. John Augustine Sopuch III
Mr. Kenneth F. Nye
Mr. W. Carter Boisvert
Mr. Christopher Louis Kurzner
Mr. Eric V. Moyè
Mr. John Frederick Redwine
Mr. J. Robert Arnett II
Mr. Robert B. Gilbreath
Mr. G. Michael Gruber
Ms. Allyson N. Ho
Court of Appeals Information:
Affirmed [duplicate 1] 
254 SW3d 508, 02-22-08 
5th Court of Appeals 
Honorable Bailey Moseley 
Trial Court Information
68th District Court 
Dallas 
Honorable Charles Stokes 
03-00675