Supreme Court

Case: 08-0246    
08-0246
04/02/2008
Petition for Review/Cause under Rule 53.1
GILBERT TEXAS CONSTRUCTION, L.P. 
UNDERWRITERS AT LLOYD'S LONDON 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
10/15/2010Amicus Curiae Brief receivedReceived (instead of filed) Amicus curiae brief of Shell Oil Company and Motiva Enterprises, LLC in support of petitioner's motion fo rehearing submitted by Mr. Robert M. Roach, Jr., Roach & Newton, L.L.P., 1111 Bagby St., Suite 2650, Houston, TX.  77002, Phone (713) 652-2800, Fax (713) 652-2029. (orig & 11)
10/06/2010Amicus Curiae Brief receivedReceived (instead of filed) Amicus curiae brief of Associated Builders and Contractors, Inc., Southeast Texas Chapter in support of motion for rehearing, submitted by Mr. James R. Old, Jr., Germer Getz, L.L.P., 550 Fannin, Suite 400, Beaumont, TX.  77701, Phone (409) 654-6700, Fax (409) 835-2115.  (orig & 11)
09/15/2010Reply to Response to Motion for Rehearing filedPetitioner Gilbert Texas Construction, L.P.'s Reply to Underwriters at Lloyd's London's Response to Motion for Rehearing. (orig & 11)
08/23/2010Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief (12) submitted on behalf of American Contractors Ins. Group, Ltd.  Submitted by Patrick Wielinski, 2221 E. Lamar Blvd., Suite 750, Arlington, TX.  76006,  Phone (817) 635-3620, Fax (817) 635-3633.
08/17/2010Response to Motion for RehearingRespondent Respondent Underwriters at Lloyd's London's Response to Motion for Rehearing. (12)
08/16/2010Amicus Curiae Brief receivedReceived (instead of filed) Amicus brief on behalf of Texas Association of Defense Counsel in support of Motion for Rehearing. Submitted by Tim Poteet; CHAMBERLAIN * McHANEY, 301 Congress Ave., 21st Fl., Austin, Texas 78701.  [PH] 512-474-9124.
08/03/2010Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief (12) filed on behalf of United Policyholders in support of motion for rehearing of Gilbert Texas Construction.  Submitted by Micah Skidmore, 2323 Victory Ave., Ste. 700, Dallas, TX 75219, Tel. (214)651-5654.
08/02/2010Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief (12) filed on behalf of Texas Association of Builders.  Submitted by Gregory Harwell, Gardere Wynne Sewell, 1601 Elm St., Ste. 3000, Dallas, TX 75201, Tel. (214)999-3000.
07/21/2010Amicus Curiae Brief receivedReceived (instead of filed) Amicus on behalf of Associated General Contractors of America, TX Building Branch-Associated General Contractors of America, American Subcontractors Association, Inc. and ASA of Texas, Inc. in support of Petitioner's Motion for Rehearing. (12) Submitted by Paul Wielinski; Cokinos Bosien & Young, 2221 E. Lamar Blvd., Ste. 750, Arlington, Texas 76006.
07/16/2010Motion for RehearingPetitioner's motion for rehearing of cause filed Petitioner Gilbert Texas Construction, L.P.'s Motion for Rehearing.
02/12/2010Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief (12) received on behalf of Underwriters at Lloyd's (members not including respondents).  Submitted by Claude L. Stuart, III, Phelps Dunbar, 700 Lousiana St., Ste. 2600, Houston, Texas, 77056, (713)626-1386.
01/20/2010Response to Brief filedRespondent Underwriters at Lloyd's at London's response to Gilbert Texas Construction, L.P.'s post-submission brief.  (orig & 11)
12/23/2009Post submission brief filedPetitioner Post-submission brief on behalf of petitioner, Gilbert Texas Construction, L.P. (orig & 11)
10/06/2009Exhibits in case/cause filedPetitioner PET's oral argument exhibits (12) filed on behalf of Gilbert Texas Construction.
02/27/2009Reply BriefPetitioner Pet's reply brief on the merits. On behalf of Gilbert Texas Construction, LP. (12)
01/29/2009Amended Brief filedRespondent RSP's amended brief on the merits (12) filed on behalf of Underwriters at Lloyd's London.
01/28/2009Brief on the MeritsRespondent Resps' brief on the merits. On behalf of Underwriters at Lloyd's London. (12)
12/10/2008Brief on the MeritsPetitioner Petitioner's brief on the merits.  Filed on behalf of Gilbert Texas Construction, L.P. (orig & 11)
09/22/2008Reply to ResponsePetitioner Reply in support of pet/rev.  On behalf of Gilbert Texas Construction, L.P. (12)
09/05/2008Response to PetitionRespondent Response to pet/rev.  On behalf of Underwriters At Lloyd's London. (12)
05/07/2008Appendix FiledPetitioner Appendix attached to pet/rev.
05/07/2008Petition for ReviewPetitioner On behalf of Gilbert Texas Construction, LP.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/23/2009Post submission brief filed  Post-submission brief on behalf of petitioner, Gilbert Texas Construction, L.P. (orig & 11)
12/17/2010Mandate issued  Mandate & Cost Bill Issued
12/17/2010New majority opinion substituted for prior opinionCourt of Appeals' judgment affirmed
12/17/2010Previous opinion withdrawn  opinion issued 6/4/10 is withdrawn and substituted with opinion issued 12/17/10
12/17/2010Motion for Rehearing - DisposedDenied with Justice not sitting.
12/10/2008Brief on the Merits  Petitioner's brief on the merits.  Filed on behalf of Gilbert Texas Construction, L.P. (orig & 11)
11/06/2008Motion for Extension of Time disposed.Filing granted Joint m/e/t to file brief on the merits granted.  Pet br due n/l/t 3:00 p.m. on 12/10/08; Rsp br due 1/29/09; Reply br due 2/13/09; mlbx rule d/n/a.  Further requests for extensions of time will be disfavored.
11/06/2008Motion for Extension of Time disposed.Filing granted Joint m/e/t to file brief on the merits granted.  Pet br due n/l/t 3:00 p.m. on 12/10/08; Rsp br due 1/29/09; Reply br due 2/13/09; mlbx rule d/n/a.  Further requests for extensions of time will be disfavored.
11/06/2008Phone call from Clerk's Office  Call made to rsp attorney Alex Papandreou requesting $10 filing fee for m/e/t to file resp brief on the merits (incorported in one joint motion for extenion of time to file brief on the merits filed 11/4/08)
11/04/2008Motion for Extension of Time to File Brief filed  Joint m/e/t to file brief on the merits on behalf of both Gilbert Tx Construction & Underwriters at Lloyd's London  - **Two requests for extensions of time were filed within one motion**
11/04/2008Motion for Extension of Time to File Brief filed  Joint motion for extension of time to file briefs on the merits filed on behalf of Gilbert Texas Construction, L.P., and Underwriters at Lloyd's London. **two requests submitted in one motion**
10/15/2010Amicus Curiae Brief received  Amicus curiae brief of Shell Oil Company and Motiva Enterprises, LLC in support of petitioner's motion fo rehearing submitted by Mr. Robert M. Roach, Jr., Roach & Newton, L.L.P., 1111 Bagby St., Suite 2650, Houston, TX.  77002, Phone (713) 652-2800, Fax (713) 652-2029. (orig & 11)
10/14/2008Record Requested in Case 
10/10/2008Brief on the Merits Ordered  Brief on the merits requested:  Pet br due n/l/t 3:00 p.m. on 11/10/08; Rsp br due 12/1/08; Reply br due 12/16/08; mlbx rule d/n/a
10/06/2010Amicus Curiae Brief received  Amicus curiae brief of Associated Builders and Contractors, Inc., Southeast Texas Chapter in support of motion for rehearing, submitted by Mr. James R. Old, Jr., Germer Getz, L.L.P., 550 Fannin, Suite 400, Beaumont, TX.  77701, Phone (409) 654-6700, Fax (409) 835-2115.  (orig & 11)
10/06/2009Oral argument   argued on behalf of pet by Craig T. Enoch; argued on behalf of resp by Glenn R. Legge
10/06/2009Exhibits in case/cause filed  PET's oral argument exhibits (12) filed on behalf of Gilbert Texas Construction.
09/22/2008Reply to Response  Reply in support of pet/rev.  On behalf of Gilbert Texas Construction, L.P. (12)
09/15/2010Reply to Response to Motion for Rehearing filed  Gilbert Texas Construction, L.P.'s Reply to Underwriters at Lloyd's London's Response to Motion for Rehearing. (orig & 11)
09/05/2008Response to Petition  Response to pet/rev.  On behalf of Underwriters At Lloyd's London. (12)
08/25/2010MET to file reply disposed ofFiling granted Reply is due September 15, 2010.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED
08/23/2010Motion to Extend Time to File Reply filed  Unopposed motion for extension of time to file Reply to Response to Motion for Rehearing. On behalf of Gilbert Texas Construction, L.P. (2)
08/23/2010Amicus Curiae Brief received  Amicus Brief (12) submitted on behalf of American Contractors Ins. Group, Ltd.  Submitted by Patrick Wielinski, 2221 E. Lamar Blvd., Suite 750, Arlington, TX.  76006,  Phone (817) 635-3620, Fax (817) 635-3633.
08/17/2010Phone call from Clerk's Office  to Mr. Legge. Re: to enforce Supreme Court's order 10-9065 (email copy of docs).  Left message.
08/17/2010Response to Motion for Rehearing  Respondent Underwriters at Lloyd's London's Response to Motion for Rehearing. (12)
08/16/2010Amicus Curiae Brief received  Amicus brief on behalf of Texas Association of Defense Counsel in support of Motion for Rehearing. Submitted by Tim Poteet; CHAMBERLAIN * McHANEY, 301 Congress Ave., 21st Fl., Austin, Texas 78701.  [PH] 512-474-9124.
08/11/2009Oral Argument Submission Form from Attorney received  OA submission form submitted by pet atty Craig T. Enoch of Winstead PC of Austin
08/09/2010Phone call from Clerk's Office  Call made to respondent attorney letting them know that the unopposed motion for extension of time is granted.  Response due no later than 3:00 p.m. on 8/17/10; mailbox rule does not apply.  Further requests for extensions of time will be disfavored.
08/09/2010Motion for Extension of Time disposed.Filing granted Respondents' unopposed motion for extension of time to file response to motion for rehearing granted; Requested response due no later than 3:00 p.m. on 8/17/10; mailbox rule does not apply.  Further requests for extensions of time will be disfavored.
08/05/2010Phone call from Clerk's Office  to Ms. Conticello.  RE: to request $10 filing fee for motion to extend time.  Left message.  Requested call back.
08/05/2010Motion for Extension of Time to File Response  Respondents Underwriters At Lloyd's London's Unopposed motion for extension of time to file Response to Rehearing. (2)
08/03/2010Amicus Curiae Brief received  Amicus Brief (12) filed on behalf of United Policyholders in support of motion for rehearing of Gilbert Texas Construction.  Submitted by Micah Skidmore, 2323 Victory Ave., Ste. 700, Dallas, TX 75219, Tel. (214)651-5654.
08/02/2010Amicus Curiae Brief received  Amicus Brief (12) filed on behalf of Texas Association of Builders.  Submitted by Gregory Harwell, Gardere Wynne Sewell, 1601 Elm St., Ste. 3000, Dallas, TX 75201, Tel. (214)999-3000.
07/31/2009Oral Argument Submission Form from Attorney received  OA submission form submitted by rsp atty Glenn R. Legge of Legge Farrow Kimmitt McGrath & Brown of Houston.
07/26/2010Supreme Court of Texas Requested Response  Requested response to motion for rehearing due no later than 3:00 p.m. on 8/10/10; mailbox rule does not apply
07/24/2008Motion for Extension of Time disposed.Filing granted M/e/t to file response to pet/rev is granted.   Resp is due n/l/t 3pm, September 10, 2008.  FURTHER REQS FOR EXTS OF TIME WILL BE DISFAVORED.  MAILBOX RULE DNA.
07/23/2008Motion for Extension of Time to File Response  Resps' unopposed m/e/t to file response to pet/rev.  On behalf of Underwriters at Lloyd's London. (12)
07/21/2010Amicus Curiae Brief received  Amicus on behalf of Associated General Contractors of America, TX Building Branch-Associated General Contractors of America, American Subcontractors Association, Inc. and ASA of Texas, Inc. in support of Petitioner's Motion for Rehearing. (12) Submitted by Paul Wielinski; Cokinos Bosien & Young, 2221 E. Lamar Blvd., Ste. 750, Arlington, Texas 76006.
07/16/2010Case forwarded to Court 
07/16/2010Motion for Rehearing  Petitioner Gilbert Texas Construction, L.P.'s Motion for Rehearing.
07/11/2008Supreme Court of Texas Requested Response  Requested response to petition for review due n/l/t 3:00 p.m. on 8/11/08; mlbx rule d/n/a
07/10/2009Case set for oral argumentCase set for oral argument Set for OA on 10/6/09 at 9:00 a.m.; time allotted:  20/20 minutes
07/06/2010Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Rehearing is due July 20, 2010.  NO FURTHER EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED
07/01/2010Motion for Extension of Time to File Motion for Rehearing  Unopposed motion for extension of time to file motion for rehearing (12) filed on behalf of Gilbert Texas Construction, L.P.
06/21/2010Description of document returned to Supreme Court  Letter to Mr. Claude Stuart, III.  Address is correct, verified with State Bar website and resent letter.
06/15/2010Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Rehearing is due July 6, 2010.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED
06/11/2008Response Waiver filed  Response waiver filed on behalf of Underwriters at LLoyd's London. (12)
06/10/2010Motion for Extension of Time to File Motion for Rehearing  Unopposed motion for extension of time to file Motion for Rehearing.  On behalf of Gilbert Texas Construction, L.P. (2)
06/10/2008Case forwarded to Court 
06/04/2010Court approved judgment sent to attorneys of recordIssued
06/04/2010Opinion issuedCourt of Appeals' judgment affirmed
05/07/2008Appendix Filed  Appendix attached to pet/rev.
05/07/2008Petition for Review  On behalf of Gilbert Texas Construction, LP.
04/17/2009Petition for Review granted 
04/17/2009Petition for Review disposedFiling granted Date and time for are yet to be determined
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  Unopposed m/e/t to file pfr (12) filed on behalf of Gilbert Texas Construction.
02/27/2009Reply Brief  Pet's reply brief on the merits. On behalf of Gilbert Texas Construction, LP. (12)
02/12/2010Amicus Curiae Brief received  Amicus Brief (12) received on behalf of Underwriters at Lloyd's (members not including respondents).  Submitted by Claude L. Stuart, III, Phelps Dunbar, 700 Lousiana St., Ste. 2600, Houston, Texas, 77056, (713)626-1386.
02/11/2009Motion for Extension of Time disposed.Filing granted M/e/t to file reply bom is granted.   Reply br is due n/l/t 3pm, February 27, 2009.  Further requests will be disfavored.  mailbox rule dna.
02/09/2009Motion for Extension of Time to File Brief filed  PET's unopposed motion for extension of time to file reply brief on the merits (4) filed on behalf of Gilbert Texas Construction.
01/29/2009Amended Brief filed  RSP's amended brief on the merits (12) filed on behalf of Underwriters at Lloyd's London.
01/28/2009Call received  Call rec'd from resp atty Karen Conticello letting the Court know that she will be filing an amended brief on the merits that was originally filed today.  Amended brief corrects one page of the brief.  
01/28/2009Brief on the Merits  Resps' brief on the merits. On behalf of Underwriters at Lloyd's London. (12)
01/27/2011Case Stored  G02 Row 18 H-5 (5 vols) & G -1 (5 vols)
01/20/2010Response to Brief filed  Underwriters at Lloyd's at London's response to Gilbert Texas Construction, L.P.'s post-submission brief.  (orig & 11)
01/08/2009Case Record Filed   INVENTORY IN MAIN REMARKS SECTION
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
01/27/2011Case StoredCase stored.G02 Row 18 H-5 (5 vols) & G -1 (5 vols)
Parties
Party▲▼Party Type▲▼Representative▲▼
Gilbert Texas Construction, L.P.PetitionerMs. Linda Jene Burgess
Mr. Andrew T. McKinney
Mr. Douglas Paul Skelley
Mr. Craig T. Enoch
Mr. Lee H. Shidlofsky
Texas Association of BuildersAmicus CuriaeMr. Gregory A. Harwell
Shell Oil Company and Motiva Enterprises, LLCAmicus CuriaeMr. Robert M. Randy Roach Jr.
United PolicyholdersAmicus CuriaeMr. Micah Ethan Skidmore
Texas Association of Defense CounselAmicus CuriaeMr. Timothy Brian Poteet
Lloyd'sAmicus CuriaeMr. Claude Stuart III
Associated Builders and Contractors, Inc., Southeast Texas ChapterAmicus CuriaeMr. James R. Old Jr.
Associated General Contractors of AmericaAmicus CuriaeMr. Patrick J. Wielinski
American Contractors Ins. Group, Ltd.Amicus CuriaeMr. Patrick J. Wielinski
Underwriters at Lloyd's LondonRespondentMs. Karen Ann Conticello
Mr. Alexander C. Papandreou
Mr. Glenn Richard Legge
Court of Appeals Information:
Aff/Pt and Rev & Ren/Pt 
245 SW3d 29, 12-19-07 
5th Court of Appeals 
Honorable Joseph Morris 
Trial Court Information
160th District Court 
Dallas 
Honorable Joseph M. Cox 
02-10395-H