Supreme Court

Case: 08-0523    
08-0523
06/30/2008
Petition for Review/Cause under Rule 53.1
TEXAS LOTTERY COMMISSION 
FIRST STATE BANK OF DEQUEEN, STONE STREET CAPITAL, INC., AND CLETIUS L. IRVAN 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
12/01/2010Amicus Curiae Brief receivedReceived (instead of filed) Amicus curiae brief of The City of Dallas in support of petitioner's motion for rehearing, submitted by Mr. James B. Pinson, Asst. Dallas City Atty., 1500 Marilla Street, Room 7B North, Dallas, TX.  75201, Phone (214) 670-3519, Fax (214) 670-0622. (orig & 11)
11/09/2010Motion for RehearingPetitioner's motion for rehearing of cause filed Motion for rehearing (2) filed on behalf of Texas Lottery Commission.
01/13/2010Post submission brief filedPetitioner Post-submission letter brief of Texas Lottery Commission.  (orig & 11)
12/28/2009Post submission brief filedRespondent RSP's letter "in response to the State's letter briefs, and to clarify an issue addressed at oral arguments" (12) filed on behalf of First State Bank of DeQueen.
12/14/2009Additional citations received.Petitioner Additional citations (12) filed on behalf of Texas Lottery  Commission.
12/10/2009Letter brief Petitioner Letter brief in response to Resp's Response in Opposition to State's Jurisdictional Challenge filed on 12/4/09.  On behalf of Texas Lottery Commission. (12)
12/04/2009Additional citations received.Petitioner On behalf of the Texas Lottery Commission.  Citing City of El Paso v. Heinrich, 284 SW3d 366 (Tex. 2009).  (12)
09/04/2009Additional citations received.Petitioner PET's additional citation:  Texas Lotty Commission v. First State Bank of DeQueen, 254 S.W.3d 677 (Tex. App. --Austin 2008) (12) filed on behalf of Texas Lottery Commission.
06/12/2009Petition Reinstated 
01/15/2009Reply BriefPetitioner PET's Reply BOM (12) filed on behalf of the Texas Lottery Commission.
12/30/2008Brief on the MeritsRespondent Respondent's brief on the merits.  On behalf of First State Bank of DeQueen, Stone Street Capital, Inc. and Cletius L. Irvan (orig & 11)
12/10/2008Brief on the MeritsPetitioner PET's BOM (12) filed on behalf of Texas Lottery Commission.
08/18/2008Response to PetitionRespondent Filed on behalf of First State Bank of DeQueen, et al. (orig & 11)
06/30/2008Appendix FiledPetitioner attached to PFR
06/30/2008Petition for ReviewPetitioner PFR appendix attached (12) filed on behalf of Tex. Lottery Comm'n.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/30/2008Brief on the Merits  Respondent's brief on the merits.  On behalf of First State Bank of DeQueen, Stone Street Capital, Inc. and Cletius L. Irvan (orig & 11)
12/28/2009Post submission brief filed  RSP's letter "in response to the State's letter briefs, and to clarify an issue addressed at oral arguments" (12) filed on behalf of First State Bank of DeQueen.
12/18/2009Letter Filed  Letter from petitioner, Texas Lottery Commission, to offer a brief summary of its postion for the Court's convenience.
(orig & 11)
12/17/2010Mandate issued  Mandate & Cost Bill Issued
12/17/2010Motion for Rehearing - DisposedDenied
12/16/2009Oral argument   argued on behalf of petitioner by James C. Ho; argued on behalf of respondent by Jeffrey S. Boyd
12/14/2009Additional citations received.  Additional citations (12) filed on behalf of Texas Lottery  Commission.
12/10/2009Letter brief   Letter brief in response to Resp's Response in Opposition to State's Jurisdictional Challenge filed on 12/4/09.  On behalf of Texas Lottery Commission. (12)
12/10/2008Brief on the Merits  PET's BOM (12) filed on behalf of Texas Lottery Commission.
12/09/2009Motion to Substitute filed  Conditional Motion to Substitute Parties on Appeal (incorporated w/Response in Opposition to State's Jurisdictional Challenge).  On behalf of First State Bank of DeQueen & Stone Street Capital. (12)
12/09/2009brief in reply to jurisdictional letter  Response in Opposition to State's Jurisdictional Challenge [that is to say, response to pet's add'l cites filed on Dec. 4, 2009] (incorporated w/Conditional Motion to Substitute Parties on Appeal).  On behalf of First State Bank of DeQueen & Stone Street Capital. (12)
12/04/2009Additional citations received.  On behalf of the Texas Lottery Commission.  Citing City of El Paso v. Heinrich, 284 SW3d 366 (Tex. 2009).  (12)
12/01/2010Amicus Curiae Brief received  Amicus curiae brief of The City of Dallas in support of petitioner's motion for rehearing, submitted by Mr. James B. Pinson, Asst. Dallas City Atty., 1500 Marilla Street, Room 7B North, Dallas, TX.  75201, Phone (214) 670-3519, Fax (214) 670-0622. (orig & 11)
11/09/2010Case forwarded to Court 
11/09/2010Motion for Rehearing  Motion for rehearing (2) filed on behalf of Texas Lottery Commission.
10/30/2008Motion for Extension of Time disposed.Filing granted Pet's 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 12/30/08; Reply br due 1/14/09; mlbx rule d/n/a.  Further requests for extensions of time wil be disfavored.
10/30/2008Motion to Expedite disposedDenied Request to expedite resolution denied
10/30/2008Call received  from Jeff Boyd to let the Court know that he is going to send the filing fee for his mo to expedite today.
10/30/2008Phone call from Clerk's Office  to Mr. Jeff Boyd.  Re: to request $10 filing fee for his mo to expedite.  Left msg on his assistant Christine's voice mail, and also left msg w/receptionist.
10/29/2008Phone call from Clerk's Office  to Mr. Jeff Boyd.  Re: to request $10 filing fee for his mo to expedite resolution.  Left msg on Mr. Boyd's am.
10/29/2008Motion to Expedite Filed  Motion to expedite resolution (incorporated w/resp to m/e/t).  On behalf of First State Bank of DeQueen, et al. (4)
10/29/2008Response to Motion filed  Response to pet's m/e/t to file bom (incorporated w/mo to expedite resolution).  On behalf of First State Bank of DeQueen, et al. (4)
10/28/2008Phone call from Clerk's Office  to Mr. Jeff Boyd.  Re: to inquire whether or not he is going to file a response to pet's m/e/t to file bom.  Per Mr. Boyd, he will be filing a response as soon as he gets a copy of the motion.
10/27/2008Motion for Extension of Time to File Brief filed  Opposed m/e/t to file pet's brief on the merits.  On behalf of Texas Lottery Commission. (12)
10/17/2008Case Record Filed   Inventory in main remarks
10/14/2008Record Requested in Case 
10/13/2010Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Rehearing is due November 9, 2010.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED
10/12/2010Call received  From Jeff Boyd to inform the Court that he does not intend to file a response to pet's m/e/t to file mo/re.
10/11/2010Phone call from Clerk's Office  to Mr. Boyd.  RE: to inquire whether he intend to file a response to petitioner's motion or not.  Left message.
10/11/2010Motion for Extension of Time to File Motion for Rehearing  Motion for extension of time to file Petitioner's Motion for Rehearing. On behalf of Texas Lottery Commission. (2)
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
10/07/2009Oral Argument Submission Form from Attorney received  OA submission form submitted by pet atty James C. Ho of the Office of the Attorney General of Austin
10/01/2010Court approved judgment sent to attorneys of recordIssued
10/01/2010Opinion issuedCourt of Appeals' judgment affirmed
10/01/2010Motion to substitute disposedFiling dismissed as moot Conditional Motion to Substitute Parties dismissed as moot
09/30/2009Oral Argument Submission Form from Attorney received  OA submission form submitted by Jeffrey S. Boyd of Thompson & Knight, LLP of Austin
09/25/2009Case set for oral argumentCase set for oral argument Set for OA on 12/16/09 @ 9 a.m.; time allotted to argue:  20/20 minutes
09/25/2009Petition for Review granted 
09/25/2009Petition for Review disposedFiling granted
09/04/2009Additional citations received.  PET's additional citation:  Texas Lotty Commission v. First State Bank of DeQueen, 254 S.W.3d 677 (Tex. App. --Austin 2008) (12) filed on behalf of Texas Lottery Commission.
08/18/2008Response to Petition  Filed on behalf of First State Bank of DeQueen, et al. (orig & 11)
07/18/2008Supreme Court of Texas Requested Response  Requested response to petition for review due n/l/t 3:00  p.m. on 8/18/08; mlbx rule d/n/a
07/08/2010Notice from attorney regarding vacation dates  Vacation notice for Attorney Jeffrey Boyd, lead counsel for respondents, First State Bank of DeQueen, et al.  He will be on vacation July 16-23, 2010. (1)
07/08/2008Case forwarded to Court 
07/03/2008Response Waiver filed  Response waiver (12) filed on behalf of First State Bank of DeQueen, et al.
06/30/2008Appendix Filed  attached to PFR
06/30/2008Petition for Review  PFR appendix attached (12) filed on behalf of Tex. Lottery Comm'n.
06/12/2009Petition Reinstated 
06/12/2009Abatement Order Lifted  abatement order issued on 5/1/09 lifted
06/12/2009Motion to substitute disposedFiling granted Motion for the Substitution of Parties granted
06/12/2009Motion to reinstate case disposedFiling granted Motion to Reinstate Appeal granted
06/08/2009Phone call from Clerk's Office  Spoke w/ asst. for Mr. Tarbox.  She will be sending the fees for two motions today.
06/08/2009Motion to Reinstate Case filed  Motion to Reinstate Appeal incorporated with Motion for the Substitution of Parties (12) filed on behalf of Renee S. Williams.
06/08/2009Motion to Substitute filed  RSP's Motion for the Substitution of Parties incorporated with Motion to Reinstate Appeal (12) filed on behalf Renee S. Williams.
05/01/2009Abatement Order Issued 
05/01/2009Petition for Review disposedAbated due to bankruptcy
04/20/2009Suggestion of Bankruptcy   Suggestion of bankruptcy filed on behalf of resp, Cleitus L. Irvan. (3)
01/27/2011Case Stored  G02 Row 18 G -1
01/16/2009Motion for Extension of Time disposed.Filing granted Unopposed m/e/t to file pet's reply brief granted.  Reply br was filed on 1/15/09.
01/15/2009Reply Brief  PET's Reply BOM (12) filed on behalf of the Texas Lottery Commission.
01/15/2009Motion for Extension of Time to File Brief filed  PET's unopposed MET to file Reply BOM (4) filed on behalf of Texas Lottery Commission.
01/13/2010Post submission brief filed  Post-submission letter brief of Texas Lottery Commission.  (orig & 11)
01/07/2011Letter Filed  Received an updated address from Attorney Max R. Tarbox.  New address is 2301 Broadway, Lubbock, TX 79401
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
01/27/2011Case StoredCase stored.G02 Row 18 G -1
Parties
Party▲▼Party Type▲▼Representative▲▼
First State Bank of DeQueenRespondentMr. Schuyler B. Marshall V
Mr. Jeffrey S. Boyd
Irvan, Cletius L.RespondentMr. Max Ralph Tarbox
Mr. Todd Jeffrey Johnston
Mr. Andrew Raymond Seger
Texas Lottery CommissionPetitionerMr. James C. Ho
Ms. Alicia Key
Mr. Brantley David Starr
Mr. William (Bill) J. Cobb III
Attorney General Gregory W. Abbott
Mr. C. Andrew Weber
Ms. Ann Hartley
Mr. Daniel T. Hodge
Mr. Don W. Cruse Jr.
Mr. Michael P. Murphy
Mr. David S. Morales
Honorable Kent C. Sullivan
Mr. Bill Davis
The City of DallasAmicus CuriaeMr. James B. Pinson
Court of Appeals Information:
Affirmed [duplicate 1] 
254 SW3d 677, 05-16-08 
3rd Court of Appeals 
Honorable Robert Harrison Pemberton 
Trial Court Information
53rd District Court 
Travis 
Honorable Suzanne Covington 
D-1-GN-06-004663