Supreme Court

Case: 09-0191    
09-0191
03/06/2009
Petition for Review/Cause under Rule 53.1
HYDE PARK BAPTIST CHURCH 
TARA TURNER AND TERRY CURTIS, INDIVIDUALLY AND AS NEXT FRIENDS OF P.C., A MINOR 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
03/02/2010Amended Petition for Review filedPetitioner ****MOTION TO AMEND PETITION WAS DENIED 9/3/10****      Amended petition for review (12) filed on behalf of Hyde Park Baptist Church.  
02/19/2010Reply BriefPetitioner PET's reply brief and motion for leave to amend petition INCORPORATED TOGETHER (12) filed on behalf of Hyde Park Baptist Church.
02/05/2010Amicus Curiae Brief receivedReceived (instead of filed) (12) Amicus brief on behalf of Pacific Legal Foundation in support of Petitioner.  Submitted by Kathleen Cassidy Goodman, 8122 Datapoint, Suite 805, San Antonio, Texas 78229.  [Ph] 210-949-1000 [Fx] 866-602-1102.
01/25/2010Brief on the MeritsRespondent Respondent's brief on the merits.  On behalf of Tara Turner, et al. (orig & 11)
12/07/2009Brief on the MeritsPetitioner Petitioner's brief on the merits (12) filed on behalf of Hyde Park Baptist Church.
10/12/2009Supplement to Petition filedPetitioner Supplement to PET/REV.  On behalf of Hyde Park Baptist Church. (12)
07/28/2009Response to PetitionRespondent Response to pet/review.  On behalf of Tara Turner and Terry Curtis, Indiv. (orig & 11)
05/04/2009Amicus Curiae Brief receivedReceived (instead of filed) (12) Amicus brief on behalf of Imperial Fire and Casualty Insurance Company in support of pet/rev. Submitted by Timothy R. George; FEE SMITH SHARP & VITULLO, LLP., 13155 Noel Road, Ste. 1000, Dallas, Texas 75240. (PH) 972-934-9100, (FX) 972-934-9200.
04/01/2009Appendix FiledPetitioner attached to petition
04/01/2009Petition for ReviewPetitioner PFR appendix attached (12) filed on behalf of Hyde Park Baptist Church.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/31/2009Motion for Extension of Time to File Brief filed  Respondent's "Agreed motion to extend time" to file bom.  On behalf of Tara Turner, et al. (3)
12/07/2009Brief on the Merits  Petitioner's brief on the merits (12) filed on behalf of Hyde Park Baptist Church.
11/03/2009Motion for Extension of Time disposed.Filing granted M/e/t to file resp's bom is granted.   Resp's br is due n/l/t 3pm, January 4, 2010.  Reply br is due n/l/t 3pm, January 19, 2010.  further reqs will be disfavored.  mailbox rule dna.
11/03/2009Motion for Extension of Time disposed.Filing granted M/e/t to file pet's bom is granted.  Pet's br is due n/l/t 3pm, December 7, 2009.  Resp's br is due n/l/t 3pm, January 4, 2010.  Reply br is due n/l/t 3pm, January 19, 2010.  further reqs will be disfavored.  mailbox rule dna.
11/02/2009Phone call from Clerk's Office  S/w Bonnie w/ Mr. Preusssner's office requesting an add'l $10.  Their motion is also asking for a one week ext for respondents to file their bom.  Per Bonnie, the will either have the resp's hand deliver a check or the check will be sent overnight.
10/30/2009Motion for Extension of Time to File Brief filed  M/e/t to file response bom (incorporated w/ m/e/t to file pet's bom).  On behalf of Tara Turner, et al.
10/30/2009Motion for Extension of Time to File Brief filed  Unopposed m/e/t to file pet's brief on the merits.  On behalf of Hyde Park Baptist Church. (12)
10/28/2009Case Record Filed   INVENTORY IN MAIN REMARKS SECTION
10/27/2009Record Requested in Case 
10/23/2009Brief on the Merits Ordered  Brief on the merits have been requested:  Pet's br is due n/l/t 3pm, November 23, 3009.  Resp br is due n/l/t 3pm, December 14, 2009.  Reply br is due n/l/t 3pm, December 29, 2009  Mailbox rule dna
10/22/2010Previous Order of the Court withdrawn  order, granting petition for review, issued May 28, 2010 is withdrawn; petition denied
10/22/2010Petition for Review disposedPetition improvidently granted; Order denying petition withdrawn; Petition denied
10/12/2009Supplement to Petition filed  Supplement to PET/REV.  On behalf of Hyde Park Baptist Church. (12)
09/14/2010Oral argument   argued on behalf of petitioner by David M. Pruessner; argued on behalf of respondents by Laurie Higginbotham (time allotted to argue: 20 minutes)
09/03/2010Motion for Leave to File Amended Petition disposedDenied opposed motion for leave to amend petition for review denied
07/29/2010Oral Argument Submission Form from Attorney received  OA submission form submitted by respondent attorney Laurie Higginbotham of Archuleta, Alsaffar & Higginbotham of Austin
07/28/2009Response to Petition  Response to pet/review.  On behalf of Tara Turner and Terry Curtis, Indiv. (orig & 11)
07/26/2010Oral Argument Submission Form from Attorney received  Oral argument submission form submitted by petitioner attorney David M. Pruessner of Pruessner & Alexander of Dallas, TX
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
07/09/2009Motion for Extension of Time disposed.Filing granted M/e/t to file response to pet/rev is granted.   Response is due n/l/t 3pm, July 28, 2009.  Further requests will be disfavored.  mailbox rule dna.
07/08/2009Motion for Extension of Time to File Response  RSP's unopposed motion for extension of time to file response (3) filed on behalf of Tara Turner.
06/11/2009Supreme Court of Texas Requested Response  Requested response to petition for review due n/l/t 3:00 p.m. on 7/13/09; mlbx rule d/n/a
05/28/2010Petition for Review granted 
05/28/2010Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
05/04/2009Amicus Curiae Brief received  (12) Amicus brief on behalf of Imperial Fire and Casualty Insurance Company in support of pet/rev. Submitted by Timothy R. George; FEE SMITH SHARP & VITULLO, LLP., 13155 Noel Road, Ste. 1000, Dallas, Texas 75240. (PH) 972-934-9100, (FX) 972-934-9200.
04/17/2009Call received  from Ms. Teck, paralegal of Pet's Atty. to inform the Court that Amicus Curiae Brief in support of PET/REV will be rec'd sometime next week (Apr 20-24).  
04/07/2009Case forwarded to Court 
04/06/2009Response Waiver filed  Response waiver filed on behalf of Tara Turner, et al. (12)
04/01/2009Phone call from Clerk's Office  Requested additional $50.00.
04/01/2009Appendix Filed  attached to petition
04/01/2009Petition for Review  PFR appendix attached (12) filed on behalf of Hyde Park Baptist Church.
03/11/2010Response to Motion filed  Opposition to the motion to amend the petition (3) filed onbhealf of Tara Turner, et al.
03/09/2009Motion for Extension of Time to File Petition for Review disposedFiling granted M/e/t to file pet/rev is granted.    Pet/rev is due March 30, 2009.
03/08/2010Call received  Mr. Cruse informed the Court that we would receive the response to the motion to amend by 03/11/10.
03/06/2009Phone call from Clerk's Office  to Ms. Laurie Higginbotham.  Re: to inquire whether she is opposed or unopposed to 53.7 motion.  Spoke w/Mr. Alsaffar (Ms. Higginbotham's associate) and he confirmed that resp is unopposed to the motion.
03/06/2009Motion for Extension of Time to File Petition for Review filed  M/E/T to file pet/rev. On behalf of Hyde Park Baptist Church. (12)
03/02/2010Phone call from Clerk's Office  Spoke w/ Mr. Cruse. He agreed to call me back when he decided whether or not a response will be filed to the motion.
03/02/2010Motion for Leave to File Amended Petition filed  PET's opposed motion for leave to amend petition for review (5) filed on behalf of Hyde Park Baptist Church.
03/02/2010Amended Petition for Review filed  ****MOTION TO AMEND PETITION WAS DENIED 9/3/10****      Amended petition for review (12) filed on behalf of Hyde Park Baptist Church.  
02/19/2010Phone call from Clerk's Office  BH s/w Mr. Pruessner in regards to "Petitioner's Reply Brief and Motion for Leave to Amend Petition" and inquired where the amended petition was and location of the said motion in the reply.  Per Mr. Pruessner, they will be filing a seperate motion and amended petition next week.  They apologized for any confusion.  BH told them that we will hold on to their $10 .
02/19/2010Reply Brief  PET's reply brief and motion for leave to amend petition INCORPORATED TOGETHER (12) filed on behalf of Hyde Park Baptist Church.
02/05/2010Amicus Curiae Brief received  (12) Amicus brief on behalf of Pacific Legal Foundation in support of Petitioner.  Submitted by Kathleen Cassidy Goodman, 8122 Datapoint, Suite 805, San Antonio, Texas 78229.  [Ph] 210-949-1000 [Fx] 866-602-1102.
01/26/2010Motion for Extension of Time disposed.Filing granted M/e/t to file pet's reply bom is granted.   Pet's reply br is due n/l/t 3pm, February 19, 2010.  further reqs will be disfavored.  mailbox rule dna.
01/25/2010Brief on the Merits  Respondent's brief on the merits.  On behalf of Tara Turner, et al. (orig & 11)
01/22/2010Motion for Extension of Time to File Brief filed  PET's agreed motion for extension of time to file reply brief (12) filed on behalf of Hyde Park Baptist Church.
01/12/2011Case Stored  Row 18 D-4
01/06/2011Record returned to Court of Appeals  Record returned to the Court of Appeals
01/06/2011Notice sent to Court of Appeals  Certified copy of notice sent to the Court of Appeals
01/04/2010Motion for Extension of Time disposed.Filing granted M/e/t to file resp's bom is granted.   Resp br is due n/l/t 3pm, January 25, 2010.  Reply br is due n/l/t 3pm, February 9, 2010.  NO FURTHER REQS WILL BE CONSIDERED.  Mailbox rule dna.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
01/12/2011Case StoredCase stored.Row 18 D-4
Parties
Party▲▼Party Type▲▼Representative▲▼
Turner, TaraRespondentMr. Jamal Khalid Alsaffar
Mr. Don W. Cruse Jr.
Ms. Laurie Michelle Higginbotham
Hyde Park Baptist ChurchPetitionerMr. Jes Alexander
Mr. Mahon B. Garry Jr.
Mr. David M. Pruessner
Mr. Craig A. Nevelow
Pacific Legal FoundationAmicus CuriaeMs. Kathleen Cassidy Goodman
Imperial Fire and Casualty Insurance CompanyAmicus CuriaeMr. Timothy R. George
Court of Appeals Information:
Affirmed [duplicate 1] 
___ SW3d ___, 01-30-09 
3rd Court of Appeals 
Honorable Diane M. Henson 
Trial Court Information
353rd District Court 
Travis 
Honorable Stephen Yelenosky 
GN500495