Supreme Court

Case: 08-0890    
08-0890
10/21/2008
Second Petition for Review/Cause under Rule 53.1
THE HOUSTON EXPLORATION CO. AND OFFSHORE SPECIALTY FABRICATORS, INC. 
WELLINGTON UNDERWRITING AGENCIES, LTD., ET AL. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
09/28/2011Fully hyperlinked brief filedEvent related to subsequent petition filed in case. Hyperlinked version of Motion for Rehearing filed on behalf of The Houston Exploration Co.
09/27/2011Motion for Rehearing for pet #2 Petitioner's motion for rehearing of cause filed E-FILED: Motion for Rehearing filed on behalf of The Houston Exploration Company, et al.
09/27/2011Motion for RehearingPetitioner's motion for rehearing of cause filed E-FILED Joinder of Houston Exploration's Motion for rehearing filed on behalf of Offshore Specialty Fabricators, Inc.
12/21/2010Response to Brief filedEvent related to subsequent petition filed in case. Response to Underwriters' post-submission brief and appendix (2) filed on behalf of the Houston Exploration Co.
12/01/2010Appendix FiledRespondent Appendix to Post-Submission Brief (12) filed on behalf of Wellington Underwriting Agencies, Ltd.
12/01/2010Post submission brief filedRespondent Post-submission brief (12) filed on behalf of Wellington Underwriting Agencies, Ltd.
01/08/2010Reply to Response to Motion for Rehearing filedEvent related to subsequent petition filed in case. PET #2's reply to motion for rehearing (12) filed on behalf of the Houston Exploration Co.
12/22/2009Response to Motion for RehearingRespondent Wellington Underwriters Agencies, Ltd., et al. response to The Houston Exploration Company's motion for rehearing. (orig & 11)
12/22/2009Response to Motion for RehearingRespondent Wellington Underwriting Agencies, Ltd., et al. response to Offshore Specialty Fabricators, Inc., motion for rehearing.  (orig & 11)
12/04/2009Amicus Curiae Brief receivedReceived (instead of filed) Texas Association of Business' Amicus Brief in support of (Pet 2), The Houston Exploration Co., Et Al.'s Motion for Rehearing. (12) Submitted by Jay Rutherford.
11/24/2009Motion for RehearingRehearing filed in Petition for Review PET 1, Offshore Specialty Fabricators, Inc.'s Notice of JOINDER in the Houston Exploration Co.'s MO/RE. (12)
11/24/2009Motion for Rehearing for pet #2 Rehearing filed in Petition for Review Pet 2's MO/RE. On behalf of The Houston Exploration Company. (12)
07/31/2009Reply BriefEvent related to first petition filed in case. Pet's REPLY brief on the merits. On behalf of PET 1, Offshore Specialty Fabricators, Inc., et al. (12)
07/31/2009Reply BriefEvent related to subsequent petition filed in case. Pet's REPLY brief on the merits. On behalf of PET 2, The Houston Exploration Company, et al. (12)
07/16/2009Brief on the MeritsRespondent Resps' brief on the merits in response to (pet 1) Offshore Specialty Fabricators, Inc.'s brief.  On behalf of Wellington Underwriting Agencies, Ltd., et al. (12)
07/16/2009Brief on the MeritsRespondent RSP's brief on the merits in response to pet #2, Houston Exploration Co. brief. Filed on behalf of Wellington Underwriting Agencies, Ltd. (orig & 11)
05/27/2009Brief on the MeritsEvent related to subsequent petition filed in case. PET #2's brief on the merits (12) filed on behalf of The Houston Exploration Co.
05/27/2009Brief on the MeritsEvent related to first petition filed in case. PET #1's brief on the merits (12) filed on behalf of Offshore Specialty Fabricators, Inc.
03/09/2009Reply to ResponseEvent related to subsequent petition filed in case. Reply to resp's response to pet/rev #2. On behalf of (pet 2) The Houston Exploration Company. (12)
03/06/2009Reply to ResponseEvent related to first petition filed in case. Pet 1, Offshore Specialty Fabricators, Inc.'s reply to response to pet/rev #1.  (12)
02/18/2009Response to PetitionRespondent Wellington Underwriting Agencies, Ltd., et al. response to The Houston Exploration Company's pet/review. (orig & 11)
02/18/2009Response to PetitionRespondent Wellington Underwriting Agencies, Ltd, et al. response to Offshore Specialty Fabricators, Inc., petititon for review. (orig & 11)
10/24/2008Amicus Curiae Brief receivedReceived (instead of filed) Amicus brief in support of pet/rev, on behalf of and submitted by Philip D. Nizialek; RATHWELL & NIZIALEK, PC., 1450 Lake Robbins Drive, Ste. 300, The Woodlands, TX 77380.  Ph. 281-296-8900, Fx. 281-296-6970. (12)
10/22/2008Appendix FiledEvent related to subsequent petition filed in case. attached to PFR
10/22/2008Petition for Review #2Petitioner PFR #2 appendix attached (12) filed on behalf of The Houston Exploration Co.
10/22/2008Amicus Curiae Brief receivedReceived (instead of filed) Amicus brief on behalf of TX Association of Business in support of The Houston Exploration's pet/rev.  Submitted by Jay Rutherford; JACKSON WALKER LLP, 301 Commerce Ste. 2400, Fort Worth, TX 76012.  Ph. 817-334-7246, Fx. 817-334-7290.
10/21/2008Appendix FiledPetitioner attached to PFR
10/21/2008Petition for ReviewPetitioner PFR appendix attached (12) filed on behalf of Offshore Specialty Fabricators, Inc.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/21/2011Case Stored  G02 Exhibit Room H-4 (3 vols + 3 boxes)
12/16/2011Mandate issued  Mandate & Cost Bill Issued
12/16/2011Motion for Rehearing - DisposedDenied
12/16/2011Motion for Rehearing - DisposedDenied
11/23/2011Description of document returned to Supreme Court  To Mr. Jay Rutherford, amicus atty to correct address.
09/28/2011Fully hyperlinked brief filed  Hyperlinked version of Motion for Rehearing filed on behalf of The Houston Exploration Co.
09/27/2011Motion for Rehearing for pet #2   E-FILED: Motion for Rehearing filed on behalf of The Houston Exploration Company, et al.
09/27/2011Case forwarded to Court 
09/27/2011Case forwarded to Court 
09/27/2011Motion for Rehearing  E-FILED Joinder of Houston Exploration's Motion for rehearing filed on behalf of Offshore Specialty Fabricators, Inc.
09/02/2011Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Rehearing is due September 27, 2011. FURTHER REQUESTS FOR EXTENSION OF TIME WILL BE DISFAVORED.
09/01/2011Motion for Extension of Time to File Motion for Rehearing  E-FILED: Unopposed Motion for Extension of Time to File Motion for Rehearing filed on behalf of The Houston Exploration Company, et al.
08/26/2011Court approved judgment sent to attorneys of recordIssued
08/26/2011Dissenting opinion issued.Issued
08/26/2011Concurring Opinion issued.Issued
08/26/2011Opinion issuedIssued closes out second process
08/26/2011Opinion issuedCourt of Appeals' judgment affirmed
12/23/2010Adoption by another party of brief already filed  Petitioner 1 Offshore Specialy Fabricators, Inc.'s Notice of Joinder in the Houston Exploration Co.'s Response to Underwriters' post-submission brief and appendix (12).
12/21/2010Phone call from Clerk's Office  Requested electronic copy of response to post-submission brief.
12/21/2010Response to Brief filed  Response to Underwriters' post-submission brief and appendix (2) filed on behalf of the Houston Exploration Co.
12/10/2010Miscellaneous motion disposed. See Remarks.Filing granted Motion requesting the opportunity to file response to post-submission brief granted
12/07/2010Phone call from Clerk's Office  to Mr. Legge, lead counsel for Wellington, to inquire whether they are opposed or not to Houston Exploration's motion to file response to their post-submission brief.  Spoke with his associate/co-counsel for this appeal, Mr. Papandreou, and he stated they do not oppose the petitioner's request.
12/06/2010Phone call from Clerk's Office  called Ms. S. Shawn Stephens to request $10 fee for the motion to file response to Wellington's post-submission brief.
12/06/2010Motion for Extension of Time to File Brief filed  Petitioner 2 The Houston Exploration Co.'s motion for extension of time to file a response to Wellington's post-submission brief. (3)
12/03/2010Call received  Ms. Stevens informed the Court that a response to the post-submission brief will be filed.
12/01/2010Appendix Filed  Appendix to Post-Submission Brief (12) filed on behalf of Wellington Underwriting Agencies, Ltd.
12/01/2010Post submission brief filed  Post-submission brief (12) filed on behalf of Wellington Underwriting Agencies, Ltd.
09/14/2010Oral argument   argued on behalf of petitioner, Houston Exploration Company, by S. Shawn Stephens; argued on behalf of petitioner, Offshore Specialty Fabricators, Inc., by Harry L. Scarborough; argued on behalf of respondents by Glenn R. Legge (20 minutes allocated for each side)
09/14/2010Oral argument   argued on behalf of petitioner, Houston Exploration Company, by S. Shawn Stephens; argued on behalf of petitioner, Offshore Specialty Fabricators, Inc., by Harry L. Scarborough; argued on behalf of respondents by Glenn R. Legge (20 minutes allocated for each side)
08/16/2010Oral Argument Submission Form from Attorney received  OA submission form of respondent attorney Glenn R. Legge of Legge, Farrow, Kimmitt, McGrath, & Brown of Houston
08/11/2010Oral Argument Submission Form from Attorney received  OA submission form on behalf of The Houston Exploration Company by S. Shawn Stephens (17 minutes) of Baker & Hostetler LLP of Houston and on behalf of OffShore Specialty Fabricators, Inc. by Harry Lloyd Scarborough (3 minutes) of Faubus & Scarborough LLP of Houston
07/16/2010Case set for oral argumentCase set for oral argument Set for oral argument on 9/14/10 @ 9 a.m.; time allotted:  20/20 minutes
07/16/2010Case set for oral argumentCase set for oral argument Set for oral argument on 9/14/10 @ 9 a.m.; time allotted to argue: 20/20 minutes
04/09/2010Petition for Review disposedCase set for oral argument The date and time for oral argument are yet to be determined.
04/09/2010Petition for Review granted 
04/09/2010Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
04/09/2010Petition for Review granted 
04/09/2010Motion for Rehearing - DisposedFiling granted
04/09/2010Motion for Rehearing - DisposedFiling granted
04/09/2010Previous Order of the Court withdrawn  denial of petition for review of October 23, 2009 is withdrawn
04/09/2010Previous Order of the Court withdrawn  denial of petition for review on October 23, 2009 is withdrawn
01/08/2010Reply to Response to Motion for Rehearing filed  PET #2's reply to motion for rehearing (12) filed on behalf of the Houston Exploration Co.
01/06/2010Call received  from Houston Exploration's counsel, Ms. Shawn Stephens, to inform the Court that the party will try to file a reply to response to rehearing by Jan. 08, 2010.
12/28/2009Call received  from Houston Exploration's counsel, Ms. Shawn Stephens, to inform the Court that she will be filing a reply to response to rehearing n/l/t Jan. 06, 2010.
12/22/2009Response to Motion for Rehearing  Wellington Underwriters Agencies, Ltd., et al. response to The Houston Exploration Company's motion for rehearing. (orig & 11)
12/22/2009Response to Motion for Rehearing  Wellington Underwriting Agencies, Ltd., et al. response to Offshore Specialty Fabricators, Inc., motion for rehearing.  (orig & 11)
12/07/2009Supreme Court of Texas Requested Response  Requested response to both motions for rehearing due n/l/t 3:00 p.m. on 12/22/09; mlbx rule d/n/a
12/04/2009Amicus Curiae Brief received  Texas Association of Business' Amicus Brief in support of (Pet 2), The Houston Exploration Co., Et Al.'s Motion for Rehearing. (12) Submitted by Jay Rutherford.
12/01/2009Case forwarded to Court 
12/01/2009Case forwarded to Court 
11/24/2009Phone call from Clerk's Office  to Mr. Ian Beliveaux to request $15 filing fee for his JOINDER that it was treated as MO/RE #1.  Per Mr. Beliveaux, the fee will be mail right away.
11/24/2009Motion for Rehearing  PET 1, Offshore Specialty Fabricators, Inc.'s Notice of JOINDER in the Houston Exploration Co.'s MO/RE. (12)
11/24/2009Motion for Rehearing for pet #2   Pet 2's MO/RE. On behalf of The Houston Exploration Company. (12)
11/05/2009Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Joint m/e/t to file mos/re is granted.  Both rehearings are due November 24, 2009.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED
11/04/2009Motion for Extension of Time to File Motion for Rehearing  Agreed Joint Motion for extension of time to file Houston Exploration Co. and Offshore Specialty Fabicators, Inc. motions for rehearing (3)
10/23/2009Petition for Review disposedDenied
10/23/2009Petition for Review disposedDenied
08/03/2009Address Change   Pet #1 atty, Mr. Ian R. Beliveaux, submitting change of law firm; from Faubus Taft Scarborough LLP to Faubus & Scarborough LLP. (orig & 1)
07/31/2009Reply Brief  Pet's REPLY brief on the merits. On behalf of PET 1, Offshore Specialty Fabricators, Inc., et al. (12)
07/31/2009Reply Brief  Pet's REPLY brief on the merits. On behalf of PET 2, The Houston Exploration Company, et al. (12)
07/16/2009Brief on the Merits  Resps' brief on the merits in response to (pet 1) Offshore Specialty Fabricators, Inc.'s brief.  On behalf of Wellington Underwriting Agencies, Ltd., et al. (12)
07/16/2009Brief on the Merits  RSP's brief on the merits in response to pet #2, Houston Exploration Co. brief. Filed on behalf of Wellington Underwriting Agencies, Ltd. (orig & 11)
06/17/2009Electronic copies of brief posted to website  #08089010  Offshore - Petitioner's Brief on the Merits  Filed: 05/27/09
06/04/2009Motion for Extension of Time disposed.Filing granted M/e/t to file resp bom is granted.  Resp br is due n/l/t 3pm, July 16, 2009.  Reply br due n/l/t 3pm, July 31, 2009.  FURTHER REQUESTS WILL BE DISFAVORED.  MAILBOX RULE DNA.
06/03/2009Motion for Extension of Time to File Brief filed  RSP's unopposed motion for extension of time to file response brief on the merits (3) filed on behalf of Wellington Underwriting Agencies, Ltd.
06/01/2009Document received (See Remarks)  Received Original + 11 copies of ibrief submitted on behalf of The Houston Exploration Company. (ibrief is in relation to pet's bom)
05/27/2009Brief on the Merits  PET #2's brief on the merits (12) filed on behalf of The Houston Exploration Co.
05/27/2009Brief on the Merits  PET #1's brief on the merits (12) filed on behalf of Offshore Specialty Fabricators, Inc.
04/15/2009Electronic copies of brief posted to website  #08089008  Wellington - Response to Offshore Petition  Filed: 02/18/09
04/15/2009Electronic copies of brief posted to website  #08089007  Wellington - Response to Houston Petition  Filed: 02/18/09
04/09/2009Motion for Extension of Time disposed.Filing granted Pets' joint motion to file bom is granted.  Pets' brs are due May 27, 2009.  Resp's br is due June 16, 2009.  Pets' reply brs are due July 1, 2009.  Further reqs will be disfavored.  mailbox rule dna.
04/08/2009Electronic copies of brief posted to website  #08089006  Offshore - Reply to Response to Petition  Filed: 03/06/09
04/08/2009Electronic copies of brief posted to website  #08089005  Offshore - Petition for Review  Filed: 10/21/08
04/07/2009Case Record Filed   INVENTORY IN MAIN REMARKS SECTION
04/07/2009Motion for Extension of Time to File Brief filed  Unopposed m/e/t to file pets' briefs on the merits.  On behalf of pet 1, Offshore Specialty Fabricators, Inc. and pet 2, The Houston Exploration Company. (12)
04/07/2009Electronic copies of brief posted to website  #08089004  Houston - Reply to Response to Petition  Filed: 03/09/09
04/07/2009Electronic copies of brief posted to website  #08089003  Amicus Brief - Texas Association of Business  Received: 10/22/08
04/07/2009Electronic copies of brief posted to website  #08089002  Amicus Brief - Nizialek  Received: 10/24/08
04/07/2009Electronic copies of brief posted to website  #08089001  Houston - Petition for Review  Filed: 10/22/08
03/30/2009Record Requested in Case 
03/27/2009Brief on the Merits Ordered  Brief on the merits requested:  pet br due n/l/t 3:00 p.m. on 4/27/09; rsp br due 5/18/09; reply br due 6/2/09; mlbx rule d/n/a
03/09/2009Reply to Response  Reply to resp's response to pet/rev #2. On behalf of (pet 2) The Houston Exploration Company. (12)
03/06/2009Reply to Response  Pet 1, Offshore Specialty Fabricators, Inc.'s reply to response to pet/rev #1.  (12)
03/04/2009Call received  From Pet #1, Offshore Specialty Fabricator's, lead atty's office, Mr. Harry Lloyd Scarborough(Faubus, Taft & Scarborough)
informing the Court that they will be filing a response to respondent's (Wellington Underwriters) response of 2/18/09.
02/18/2009Response to Petition  Wellington Underwriting Agencies, Ltd., et al. response to The Houston Exploration Company's pet/review. (orig & 11)
02/18/2009Response to Petition  Wellington Underwriting Agencies, Ltd, et al. response to Offshore Specialty Fabricators, Inc., petititon for review. (orig & 11)
12/31/2008Notice from Counsel of a change in address  AMA Philip D. Nizialek's change of address:  Carver Darden, 100 Poydras St., Ste. 3100, New Orleans, LA 70163, Tel. (504)585-3820.
12/30/2008Motion for Extension of Time disposed.Filing granted Rsp's unopposed m/e/t to file requested response to both petitions for review granted.  Requested responses to both petitions for review due n/l/t 3:00 p.m. on 2/19/09; mlbx rule d/n/a.  Further requests for extensions of time will be disfavored.
12/29/2008Motion for Extension of Time to File Response  Rsp's unopposed m/e/t to file requested response to petition for review on behalf of Wellington Underwriting Agencies, Ltd. (3)
12/19/2008Supreme Court of Texas Requested Response  Requested responses to both petitions for review due n/l/t 3:00 p.m. on 1/20/09; mlbx rule d/n/a
11/18/2008Case forwarded to Court 
11/18/2008Case forwarded to Court 
11/07/2008Response Waiver filed  Response waiver to petitions for review.  On behalf of Willington Underwriting Agencies Limited, et al. (12)
10/24/2008Amicus Curiae Brief received  Amicus brief in support of pet/rev, on behalf of and submitted by Philip D. Nizialek; RATHWELL & NIZIALEK, PC., 1450 Lake Robbins Drive, Ste. 300, The Woodlands, TX 77380.  Ph. 281-296-8900, Fx. 281-296-6970. (12)
10/22/2008Appendix Filed  attached to PFR
10/22/2008Petition for Review #2  PFR #2 appendix attached (12) filed on behalf of The Houston Exploration Co.
10/22/2008Amicus Curiae Brief received  Amicus brief on behalf of TX Association of Business in support of The Houston Exploration's pet/rev.  Submitted by Jay Rutherford; JACKSON WALKER LLP, 301 Commerce Ste. 2400, Fort Worth, TX 76012.  Ph. 817-334-7246, Fx. 817-334-7290.
10/21/2008Appendix Filed  attached to PFR
10/21/2008Petition for Review  PFR appendix attached (12) filed on behalf of Offshore Specialty Fabricators, Inc.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
12/21/2011Case StoredCase stored.G02 Exhibit Room H-4 (3 vols + 3 boxes)
Parties
Party▲▼Party Type▲▼Representative▲▼
Tysers International Ins.Other interested party Mr. Ashley T. Parrish
Texas Association of BusinessAmicus CuriaeMr. Jay K. Rutherford
Wellington Underwriting Agencies, Ltd.RespondentMs. Karen Ann Conticello
Mr. Glenn Richard Legge
Mr. Alexander C. Papandreou
Lary Insurance Services, Inc.Other interested party Mr. Francis I. Spagnoletti
Mr. Marc Evan Kutner
The Houston Exploration CompanyPetitionerMs. S. Shawn Stephens
Ms. Farrell Ann Hochmuth
Mr. James C. Winton
Offshore Specialty Fabricator, Inc.PetitionerMr. Harry L. Scarborough
Mr. Robert Lee Galloway
Mr. Ian Ranier Beliveaux
Nizialek, Philip D.Amicus CuriaeMr. Philip D. Nizialek
Court of Appeals Information:
Reversed & Remanded 
267 SW3d 277, 07-17-08 
14th Court of Appeals 
Honorable Adele O. Hedges 
Trial Court Information
234th District Court 
Harris 
Honorable Mauricio Rondon 
2004-61582