Supreme Court

Case: 08-0961    
08-0961
11/14/2008
Second Petition for Review/Cause under Rule 53.1
MARIA DEL CARMEN GUILBOT SERROS DE GONZALEZ, ET AL. 
MIGUEL ANGEL GONZALEZ GUILBOT, CARLOS A. GONZALEZ GUILBOT, AND MARIA ROSA DEL ARENAL DE GONZALEZ 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
07/15/2010Reply to Response to Motion for Rehearing filedRespondent Respondents' REPLY to Petitioners' Response to Motion for Rehearing. On behalf of Miguel Angel Gonzalez Guilbot, et al. (3)
07/09/2010Response to Motion for RehearingPetitioner Response to rehearing (12) filed on behalf of Maria DEl Carmen Guilbot Serros De Gonzalez.
06/28/2010Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing (12) filed on behalf of Miguel Angel Gonzalez Guilbot, et al.
03/09/2010Post submission brief filedEvent related to first petition filed in case. Post-submission brief (12) filed on behalf of PET 1: In the estate of Miguel Angel Luis Gonzalez y Vallejo.
01/21/2010Exhibits in case/cause filedEvent related to subsequent petition filed in case. Bench exhibits filed on behalf of Pet#2, Miguel Angel Gonzalez de Guilbot(orig & 11)
01/20/2010Exhibits in case/cause filedEvent related to first petition filed in case. Petitioners/Cross respondents' (Maria del Carmen Guilbot Serros de Gonzalez et al.) benchbook exhibits(orig & 11)
10/05/2009Reply BriefEvent related to first petition filed in case. Pet 1's REPLY brief on the merits. On behalf of Estate of Miguel Angel Luis Gonzalez y Vallejo. (12)
10/05/2009Reply BriefEvent related to subsequent petition filed in case. PET #2's reply brief on the merits (12) filed on behalf of Miguel Angel Gonzalez Guilbot.
08/25/2009Brief on the MeritsRespondent Resps' brief on the merits.  On behalf of (PET 1), In the estate of Miguel Angel Luis Gonzalez y Vallejo. (12)
08/25/2009Brief on the MeritsRespondent Response to the Estate of Miguel Angel Luis Gonzalez & Vallejo's brief on the merits (12) filed on behalf of Miguel Angel Gonzalez Guilbot, et al.
08/05/2009Brief on the MeritsEvent related to first petition filed in case. Pet's brief on the merits. On behalf of PET 1, In the estate of Miguel Angel Luis Gonzalez y Vallejo. (12)
08/05/2009Brief on the MeritsEvent related to subsequent petition filed in case. Pet's brief on the merits. On behalf of PET 2, Miguel Angel Gonzalez Guilbot, et al. (12)
05/19/2009Reply to ResponseEvent related to first petition filed in case. PET #1's reply in support of petition (12) filed on behalf of Vallejo.
05/19/2009Reply to ResponseEvent related to subsequent petition filed in case. Pet 2's reply to response to pet/rev #2.  On behalf of Miguel Angel Gonzalez Guilbot, et al. (12)
04/20/2009Response to PetitionRespondent Response to petition pet#1 (12) filed on behalf of Miguel Angel Gonzalez Guilbot, et al.
04/20/2009Response to PetitionRespondent Response to pet/rev #2.  On behalf of (pet #1) Estate of Miguel Angel Luis Gonzalez y Vallejo. (12)
01/14/2009Appendix FiledEvent related to first petition filed in case. attached to petition
01/14/2009Petition for ReviewEvent related to first petition filed in case. PFR appendix attached (12) filed on bhealf of the Estate of Miguel Angel Luis Gonzalez Y Vallejo.
12/15/2008Appendix FiledEvent related to subsequent petition filed in case. attached to PFR #2
12/15/2008Petition for Review #2Petitioner PFR appendix attached (12) filed on behalf of Miguel Angel Gonzelez Guilbot.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/29/2009Oral Argument Submission Form from Attorney received  OA submission form submitted by Thomas R. Phillips of Baker Botts L.L.P. of Austin
12/16/2008Phone call from Clerk's Office  To Mr. Daryl Moore's office (spoke to Rebecca Armstrong) in re: having received orignal 2nd 53.7 that was mailed on 12/12/08.
12/16/2008Call received  from Mr. Armando Lopez, pet #2's counsel, to let the Court know that he will mail today the filing fee for his pet/rev.
12/16/2008Second Motion for Extension of Time to File Petition for Review disposedFiling granted Pet#1 In the Estate of Miguel Angel Luis Gonzalez, et al's 2nd m/e/t to file petition for review granted.  Petition for review due 1/14/09.  Further requests for extensions of time will be disfavored.
12/15/2008Appendix Filed  attached to PFR #2
12/15/2008Petition for Review #2  PFR appendix attached (12) filed on behalf of Miguel Angel Gonzelez Guilbot.
12/15/2008Second Motion for Extension of Time to File Petition for Review filed  Second unopposed m/e/t to file pet/rev #1.  On behalf of pet #1, In the Estate of Miguel Angel Luis Gonzalez Y Vallejo. (12)
12/15/2008Call received  From Mr. Daryl Moore's office in re:  53.7 motion. We did not receive their 2nd m/e/t.  Petition is due 12/15/08
12/04/2009Oral Argument Submission Form from Attorney received  OA submission form submitted by rsp atty Andy Taylor of Andy Taylor & Associates of Houston
11/29/2010Notice received  Notice from the Supreme Court of the United States:  writ of certiorar filed on Nov. 18, 2010 (1).
11/20/2009Motion to strike disposedDenied motion to strike, being treated as motion to dismiss for want of jurisdiction, denied
11/20/2009Motion to substitute disposedFiling granted motion to substitute granted
11/20/2009Case set for oral argumentCase set for oral argument Set for OA on 1/21/2010 at 9 a.m.; time allotted to argue: 20/20 minutes
11/20/2009Petition for Review granted 
11/20/2009Petition for Review disposedFiling granted
11/20/2009Case set for oral argumentCase set for oral argument Set for OA at 9:00 a.m. on 1/21/2010; time allotted to argue:  20/20 minutes
11/20/2009Petition for Review granted 
11/20/2009Petition for Review disposedFiling granted
11/20/2008Motion for Extension of Time to File Petition for Review disposedFiling granted Pet#2 Miguel Angel Gonzalez, et al's first m/e/t to file petition for review granted.  Petition for review due 12/15/08.
11/20/2008Motion for Extension of Time to File Petition for Review disposedFiling granted Pet#1's first m/e/t to file petition for review granted.  Petition for review due 12/15/08.
11/14/2008Motion for Extension of Time to File Petition for Review #2 filed  PET #2's m/e/t to file PFR (12) filed on behalf of Miguel Angel Gonzalez Guilbot.
11/14/2008Motion for Extension of Time to File Petition for Review filed  PET's unopposed m/e/t to file PFR (12) filed on behalf of in the Estate of Miguel Angel Luis Gonzalez & Vallejo.
10/05/2009Reply Brief  Pet 1's REPLY brief on the merits. On behalf of Estate of Miguel Angel Luis Gonzalez y Vallejo. (12)
10/05/2009Reply Brief  PET #2's reply brief on the merits (12) filed on behalf of Miguel Angel Gonzalez Guilbot.
09/25/2009Motion for Extension of Time disposed.Filing granted Joint second motion for an extension of time to file reply briefs on the merits granted.  Reply br due n/l/t 3:00 p.m. on 10/5/09; mlbx rule d/n/a.  Further requests for extensions of time will be disfavored.
09/24/2009Motion for Extension of Time to File Brief filed  Joint second motion for an extension of time to file reply briefs on the merits (3) filed on behalf of Estate of Miguel Angel Luis Gonzalez & Vallejo and Miguel Angel Gonzalez Guilbot.
09/18/2009Response to Motion filed  Resp/Cross-Pet 2, Miguel Angel Gonzalez Guilbot, et al.'s RESPONSE to Pet 1's mo to substitute Maria Del Carmen Guilbot Serros de Gonzalez, et al.'s for the 'Estate' as Pets/Cross-Resps (incorporated w/reply to motion to dismiss).  (12)
09/18/2009to mo to dismiss without jurisdiction  Pet 2's REPLY to response to motion to strike & dismiss "filed as mo dismiss for WOJ" (incorporated w/resp to mo to substitute).  On behalf of Resp/Cross-Petitioners, Miguel Angel Gonzalez Guilbot, et al. (12)
09/15/2010Case Stored  G02 Row 18 J-5 (2 vols)
09/08/2009Motion to Substitute filed  Motion to substitute Maria Del Carmen Guilbot Serros de Gonzalez, et al.'s for the 'Estate' as Pets/Cross-Respondents (incorporated w/response to mo to dismiss WOJ).  On behalf of Estate of Miguel Angel Luis Gonzalez y Vallejo. (12)
09/08/2009Response to Motion filed  Response to Pet 2's motion to strike & dismiss "filed as mo dismiss for WOJ" (incorporated w/motion to substitute party).  On behalf of Estate of Miguel Angel Luis Gonzalez y Vallejo. (12)
09/08/2009Motion for Extension of Time disposed.Filing granted Joint motion to file reply briefs on the merits is granted.   Reply brs are due n/l/t 3pm, September 28, 2009.  further reqs will be disfavored.  mailbox rule dna.
09/05/2012Call received  Call received from respondent attorney, Armando Lopez, to let our Court know the mandate was issued in the court of appeals for CA#14-07-00047-CV even though a motion is pending before this Court.
09/04/2009Motion for Extension of Time to File Brief filed  JOINT m/e/t to file REPLY BRIEFS ON THE MERITS.  On behalf of Pet 1, In the Estate of Miguel Angel Luis Gonzalez y Vallejo AND Pet 2, Miguel Angel Gonzalez Guilbot.  (3)
09/03/2010Reply to Response to Motion  Respondent Miguel Angel Gonzalez Guilbot's Reply to Petitioners' Response to Motion to Recall Mandate. (3)
09/03/2010Miscellaneous motion disposed. See Remarks.Denied Respondents' Motion to Recall Mandate denied
09/03/2010Motion to stay mandate disposedDenied Respondents' Motion to Stay Mandate denied
08/31/2009Motion to Dismiss for Want of Jurisdiction filed  Pet 2's motion to strike Resp's pleadings and to deny its pet/rev for want of jurisdiction treated as "MOTION TO DISMIS FOR WANT OF JURISDICTION."   On behalf of Miguel Angel Gonzalez Guilbot.  (12)
08/30/2010Certification (various) in case received  Certificate of Conference to Motion to Recall Mandate (2) filed on behalf of Miguel Angel Gonzalez Guilbot.
08/27/2010Response to Motion filed  Petitioners' response to respondents' motion to recall mandate.  On behalf of In the Estate of Miguel Angel  Luis Gonzalez y Vallejo. (orig & 1)
08/27/2010Phone call from Clerk's Office  Called Mr. Moore inquiring if they will be filing a response to the Motion to Stay Mandate/Motion to Recall Mandate.  Per his assistant, they will be filing a response.
08/25/2010Call received  Call from Mr. Lopez letting the Court know that the Motion to Recall the Mandate and Motion to Stay the Mandate are both opposed.  He will be submitting a certificate of conference stating the same.
08/25/2010Phone call from Clerk's Office  Left message with Mr. Neilsen requesting that he submit a certificate of conference for both motions (motion to stay and motion to recall mandate) as soon as possible.
08/25/2010Miscellaneous Motion  Respondents' Motion to Recall Mandate. On behalf of Miguel Angel Gonzalez Guilbot. (3)
08/25/2009Brief on the Merits  Resps' brief on the merits.  On behalf of (PET 1), In the estate of Miguel Angel Luis Gonzalez y Vallejo. (12)
08/25/2009Brief on the Merits  Response to the Estate of Miguel Angel Luis Gonzalez & Vallejo's brief on the merits (12) filed on behalf of Miguel Angel Gonzalez Guilbot, et al.
08/23/2010Motion to stay mandate filed.  Respondents' Motion to Stay Mandate (12) filed on behalf of Miguel Angel Gonzalez Guilbot.
08/20/2010Record returned to Court of Appeals  RECORD RETURNED TO 14TH COA
08/20/2010Mandate issued  Madate & Cost Bill Issued
08/20/2010Motion for Rehearing - DisposedDenied with Justice not sitting.
08/13/2012Reply to Response to Motion  Reply in Support of Motion to Clarify filed on behalf of Miguel Angel Gonzalez Guilbot, et al.
08/06/2012Response to Motion filed  Petitioners Maria Del Carmen Guilbot Serros de Gonzalez, Et Al.'s Response to Motion to Clarify Mandate.
08/05/2009Brief on the Merits  Pet's brief on the merits. On behalf of PET 1, In the estate of Miguel Angel Luis Gonzalez y Vallejo. (12)
08/05/2009Brief on the Merits  Pet's brief on the merits. On behalf of PET 2, Miguel Angel Gonzalez Guilbot, et al. (12)
07/16/2012Resubmitted Document  Motion originally rejected on July 9, 2012 has been resubmitted as of this date, July 16, 2012.
07/15/2010Reply to Response to Motion for Rehearing filed  Respondents' REPLY to Petitioners' Response to Motion for Rehearing. On behalf of Miguel Angel Gonzalez Guilbot, et al. (3)
07/09/2012Miscellaneous Motion  Respondents Miguel Angel Gonzalez Guilbot, et al.'s Motion to Clarify Mandate to allow 14th Court of Appeals to address appellate issues on their Merits.
07/09/2010Response to Motion for Rehearing  Response to rehearing (12) filed on behalf of Maria DEl Carmen Guilbot Serros De Gonzalez.
06/28/2010Case forwarded to Court 
06/28/2010Motion for Rehearing  Motion for Rehearing (12) filed on behalf of Miguel Angel Gonzalez Guilbot, et al.
06/17/2009Case Record Filed   INVENTORY IN MAIN REMARKS SECTION
06/16/2009Motion for Extension of Time disposed.Filing granted The Estate of Miguel Angel Luis Gonzalez y Vallejo's m/e/t to file bom is granted.   Pet's br is due n/l/t 3pm, August 5, 2009.  Resp's br is due n/l/t 3pm, August 25, 2009.  Reply br is due n/l/t 3pm, September 9, 2009.  FURTHER REQS WILL BE DISFAVORED.  MAILBOX RULE DNA.  
06/16/2009Motion for Extension of Time disposed.Filing granted Miguel Angel Gonzalez Guilbot's m/e/t to file bom is granted.   Pet's br is due n/l/t 3pm, August 5, 2009.  Resp's br is due n/l/t 3pm, August 25, 2009.  Reply br is due n/l/t 3pm, September 9, 2009.  FURTHER REQS WILL BE DISFAVORED.  MAILBOX RULE DNA.  
06/15/2009Motion for Extension of Time to File Brief filed  Pet#2 Miguel Angel Gonzalez Guilbot, et al. joint m/e/t to file briefs on the merits (filed jointly w/ pet #1) (orig & 3)
06/15/2009Motion for Extension of Time to File Brief filed  Pet#1's Estate of Miguel Angel Luis Gonzalez y Vallego m//et to file briefs on the merits (filed jointly w/ pet#2) (orig & 3)
06/11/2010Court approved judgment sent to attorneys of recordIssued
06/11/2010Opinion issuedIssued
06/11/2010Opinion issuedCourt of Appeals' judgment affirm and reverse in part; remand to court of appeals
06/11/2010Miscellaneous motion disposed. See Remarks.Filing dismissed as moot Cross-Petitioners/Respondent's Request to Take Judicial Notice dismissed as moot
06/08/2009Record Requested in Case 
06/05/2009Brief on the Merits Ordered  Brief on the merits requested:  Pet br due n/l/t 3:00 p.m. on 7/6/09; Rsp br due 7/27/09; Reply br due 8/11/09; mlbx rule d/n/a
06/03/2010Response to Motion filed  Response in opposition to Request to Take Judicial Notice (2) filed on behalf of Maria del  Carmen Guilbot Serros de Gonzalez, et al.
05/28/2010Correction filed (See Remarks)  Correction to "Request to Take Judicial Notice." A non-substantive error in the motion, i.e., on p. 1, paragraph 1, third line.  Petitioner's counsel corrected in the (2) copies but asked the Court to correct in original.  On behalf of Miguel Angel Gonzalez Guilbot.
05/28/2010Additional Copies received  (2) Copies of the request to take judicial notice.  Backdated to 5/27/10.  On behalf of Miguel Angel Gonzalez Guilbot.
05/27/2010Miscellaneous Motion  Cross-Petitioners/Respondent's Request to Take Judicial Notice. On behalf of (Pet 2) Miguel Angel Gonzalez Guilbot. (1)
05/19/2009Address Change   Address change on behalf of Ms. Martha G. Newton, atty. for pet #1 (orig only)
05/19/2009Reply to Response  PET #1's reply in support of petition (12) filed on behalf of Vallejo.
05/19/2009Reply to Response  Pet 2's reply to response to pet/rev #2.  On behalf of Miguel Angel Gonzalez Guilbot, et al. (12)
05/06/2009MET to file reply disposed ofFiling granted Miguel Angel Gonzalez Guilbot's m/e/t to file reply to response is granted.   Reply is due May 19, 2009.  FURTHER REQUESTS WILL BE DISFAVORED.  
05/05/2009Motion to Extend Time to File Reply filed  PET# 2's unopposed motion for extension of time to file reply in support of petition (12) filed on behalf of Miguel Angel Gonzalez Guilbot.
05/03/2013Miscellaneous motion disposed. See Remarks.Denied
05/01/2009MET to file reply disposed ofFiling granted Estate of Miguel Angel Luis Gonzalez y Vallego's m/e/t to file reply to response is granted.   Reply is due May 19, 2009.  FURTHER REQUESTS WILL BE DISFAVORED.
04/30/2009Motion to Extend Time to File Reply filed  Unopposed m/e/t to file reply to response to pet/rev.  On behalf of (Pet #1) Estate of Miguel Angel Luis Gonzalez y Vallejo. (3)
04/20/2009Response to Petition  Response to petition pet#1 (12) filed on behalf of Miguel Angel Gonzalez Guilbot, et al.
04/20/2009Response to Petition  Response to pet/rev #2.  On behalf of (pet #1) Estate of Miguel Angel Luis Gonzalez y Vallejo. (12)
04/02/2010Motion to strike disposedDenied motion to strike post-submission brief denied
03/23/2010Call received  From Mr. Moore's office (Rebecca) to inform the Court that they will not be filing a response to respondent's motion to strike, unless the Court requests one.
03/23/2010Phone call from Clerk's Office  Left message for Mr. Moore.  Requested whether or not a response will be filed.
03/23/2010Motion to Strike filed  Motion to strike petitioner's/cross-respondents' proposed post-submission brief; alternatively, request for briefing schedule (4) filed on behalf of Miguel angel Gonzalez Guilbot, et al.
03/20/2009Motion for Extension of Time disposed.Filing granted Miguel Angel Gonzales Guilbot, et al's m/e/t to file response is granted.   Resp is due n/l/t 3pm, April 20, 2009.  Further reqs will be disfavored.  mailbox rule dna.
03/20/2009Motion for Extension of Time disposed.Filing granted In the Estate of Miguel Angel Luis Gonzalez Y Vallejo's m/e/t to file response is granted.   Response is due n/l/t 3pm, April 20, 2009.  Further requests will be disfavored.  Mailbox rule dna.
03/19/2009Motion for Extension of Time to File Response  Unopposed motion for extension of time to file response (3) filed on behalf of Michael Angel Gonzalez Guilbot.
03/18/2009Motion for Extension of Time to File Response  PET #1's unopposed motion for extension of time to file petition #1 (3) filed on behalf of the Estate, et al.
03/09/2010Post submission brief filed  Post-submission brief (12) filed on behalf of PET 1: In the estate of Miguel Angel Luis Gonzalez y Vallejo.
02/18/2009Supreme Court of Texas Requested Response  Requested responses to both petitions for review due n/l/t 3:00 p.m. on 3/20/09; mlbx rule d/n/a
02/13/2009Response Waiver filed  On behalf of Miguel Angel Gonzalez Guilbot, et al. (pet#2)   (12)
01/21/2010Oral argument   argued on behalf of petitioners by Thomas R. Phillips; argued on behalf of cross-petitioners/respondents by Andy Taylor
01/21/2010Oral argument   argued on behalf of petitioners by Thomas R. Phillips; argued on behalf of cross-petitioners/respondents by Andy Taylor
01/21/2010Exhibits in case/cause filed  Bench exhibits filed on behalf of Pet#2, Miguel Angel Gonzalez de Guilbot(orig & 11)
01/20/2010Exhibits in case/cause filed  Petitioners/Cross respondents' (Maria del Carmen Guilbot Serros de Gonzalez et al.) benchbook exhibits(orig & 11)
01/20/2009Case forwarded to Court 
01/20/2009Case forwarded to Court 
01/14/2009Response Waiver filed  PET #1's Response waiver to PFR #2 (12) filed on behalf of the Estate of Miguel angel Luis Gonzalez y Vallejo.
01/14/2009Appendix Filed  attached to petition
01/14/2009Petition for Review  PFR appendix attached (12) filed on bhealf of the Estate of Miguel Angel Luis Gonzalez Y Vallejo.
01/12/2011Notice received  Notice:  petition for writ of certiorar is denied received from U.S. Supreme Court. (1)
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
09/15/2010Case StoredCase stored.G02 Row 18 J-5 (2 vols)
Parties
Party▲▼Party Type▲▼Representative▲▼
In the Estate of Miguel Angel Luis Gonzalez y ValljoPetitionerMr. Thomas Phillips
Mr. Hector Garcia Longoria
Mr. Daryl L. Moore
Ms. Martha G. Newton
Guilbot, Miguel Angel GonzalezRespondentMr. Andres Perez-Chaumont
Mr. Eric D. Nielsen
Mr. William A. 'Andy' Taylor
Mr. Armando Lopez
Court of Appeals Information:
Aff/Pt and Dismiss/Pt 
267 SW3d 556, 09-30-08 
14th Court of Appeals 
Honorable Leslie Brock Yates 
Trial Court Information
Probate Court No 2 
Harris 
Honorable Mike Wood 
344,157-401