Supreme Court

Case: 09-0246    
09-0246
03/27/2009
Petition for Review originally filed as 53.7(f)
ROSE BARTON, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF CHRISTOPHER MARTIN DEAN 
WHATABURGER, INC. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
06/23/2010Motion for RehearingRehearing filed in Petition for Review Petitioner's  Motion for Rehearing. On behalf of Rose Barton. (3)
02/19/2010Reply BriefPetitioner PET's reply brief on the merits (12) filed on behalf of Rose Barton.
01/19/2010Brief on the MeritsRespondent RSP's brief on the merits (12) filed on behalf of Whataburger, Inc.
12/30/2009Brief on the MeritsPetitioner PET's brief on the merits (12) filed on behalf of Rose Barton, et al.
08/28/2009Reply to ResponsePetitioner Pet's reply to response to pet/rev. On behalf of Rose Barton. (12)
07/30/2009Response to PetitionRespondent Response to pet/rev. On behalf of Whataburger, Inc. (12)
04/30/2009Appendix FiledPetitioner attached to petition
04/30/2009Petition for ReviewPetitioner PFR appendix attached (12) filed on behalf of Rose Barton.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/30/2009Brief on the Merits  PET's brief on the merits (12) filed on behalf of Rose Barton, et al.
12/02/2009Motion for Extension of Time disposed.Filing granted 2nd m/e/t to file pet's bom is granted.   Pet's br is due n/l/t 3pm, December 30, 2009.  Resp br is due n/l/t 3pm, January 19, 2010.  Reply br is due n/l/t 3pm, February 3, 2010.  No further reqs will be considered.  mailbox rule dna.
11/30/2009Call received  Mr. Smith informed the Court that the motion is opposed, but no response will be filed.
11/25/2009Phone call from Clerk's Office  Left message for Mr. Smith.  Requested whether or not a response will be filed to the motion.
11/25/2009Motion for Extension of Time to File Brief filed  PET's opposed second motion for extension of time to file brief on the merits (3) filed on behalf of Rose Barton.
10/26/2009Motion 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, November 25, 2009.  Resp br is due n/l/t 3pm, December 15, 2009.  Reply br is due n/l/t 3pm, December 30, 2009.  further reqs will be be disfavored.  mailbox rule dna.
10/23/2009Motion for Extension of Time to File Brief filed  Unopposed m/e/t to file pet's brief on the merits. On behalf of Rose Barton. (3)
10/07/2009Case Record Filed   INVENTORY IN MAIN REMARKS SECTION
09/29/2009Record Requested in Case 
09/25/2009Brief on the Merits Ordered  Brief on the merits requested:  Pet br due n/l/t 3:00 p.m. on 10/26/09; Rsp br due 11/16/09; Reply br due 12/1/09; mlbx rule d/n/a
09/02/2010Case Stored  G02 Row 17 G-2
08/30/2010Record returned to Court of Appeals  Record returned to the Court of Appeals
08/28/2009Reply to Response  Pet's reply to response to pet/rev. On behalf of Rose Barton. (12)
08/26/2010Notice sent to Court of Appeals  Certified copy of notice sent to the Court of Appeals
08/20/2010Motion for Rehearing - DisposedDenied
08/17/2009MET to file reply disposed ofFiling granted M/e/t to file reply to response is granted.   Reply is due on August 28, 2009.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
08/14/2009Motion to Extend Time to File Reply filed  PET's unopposed motion for extension of time to file reply (3) filed on behalf of Rose Barton, et al.
07/30/2009Response to Petition  Response to pet/rev. On behalf of Whataburger, Inc. (12)
07/02/2009Supreme Court of Texas Requested Response  Requested response to petition for review due n/l/t 3:00 p.m. on 8/3/09; mlbx rule d/n/a
06/29/2010Case forwarded to Court 
06/23/2010Phone call from Clerk's Office  to Mr. Gunn. RE: to enforce SC order 10-9065 (e-copies of docs);  per Mr. Gunn, he will send us an email copy of his motion for rehearing soon.
06/23/2010Call received  from petitioner counsel to inform the Court that inadvertently they left out the package the filing fee.  However, they will send us the fee today.
06/23/2010Motion for Rehearing  Petitioner's  Motion for Rehearing. On behalf of Rose Barton. (3)
06/02/2009Response Waiver filed  Response waiver filed on behalf of Whataburger Restaurants LP as successor in the interest to Whataburger, Inc. (3)
06/02/2009Case forwarded to Court 
05/24/2010Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Rehearing is due June 23, 2010.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED
05/21/2010Motion for Extension of Time to File Motion for Rehearing  Unopposed motion for extension of time to file Motion for Rehearing. (3) On behalf of Rose Barton.
05/07/2010Petition for Review disposedDenied
04/30/2009Appendix Filed  attached to petition
04/30/2009Petition for Review  PFR appendix attached (12) filed on behalf of Rose Barton.
03/30/2009Motion for Extension of Time to File Petition for Review disposedFiling granted M/e/t to file pet/rev is granted.   Pet/rev is due April 29, 2009.
03/27/2009Motion for Extension of Time to File Petition for Review filed  Unopposed m/e/t to file pet/rev. On behalf of Rose Barton, et al. (3)
02/19/2010Reply Brief  PET's reply brief on the merits (12) filed on behalf of Rose Barton.
02/17/2010Motion for Extension of Time disposed.Filing granted 2nd m/e/t to file reply bom is granted.  Reply br is due n/l/t 3pm, February 22, 2010.  no further reqs will be considered.  mailbox rule dna.
02/12/2010Motion for Extension of Time to File Brief filed  Unopposed second m/e/t to file pet's reply brief on the merits. On behalf of Rose Barton. (3)
02/03/2010Motion for Extension of Time disposed.Filing granted M/e/t to file reply bom is granted.   Reply bom is due n/l/t 3pm, February 12, 2010.  Further reqs will be disfavored.  mailbox rule dna.
02/01/2010Motion for Extension of Time to File Brief filed  PET's unopposed first motion for extension of time to file reply brief on the merits (3) filed on behalf of Rose Barton.
01/19/2010Brief on the Merits  RSP's brief on the merits (12) filed on behalf of Whataburger, Inc.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
09/02/2010Case StoredCase stored.G02 Row 17 G-2
Parties
Party▲▼Party Type▲▼Representative▲▼
Barton, RosePetitionerMr. David Gunn
Mr. Carl V. Crow
Mr. Stephen Douglas Pritchett Jr.
Mr. Russell S. Post
Ms. Erin H. Huber
Whataburger, Inc.RespondentMr. Frank Gerhardt Cawley
Mr. Raul A. Gonzalez
Mr. Court D. Smith
Mr. Hubert A. Crouch III
Court of Appeals Information:
Affirmed [duplicate 1] 
276 SW3d 456, 07-31-08 
1st Court of Appeals 
Honorable Jane N. Bland 
Trial Court Information
157th District Court 
Harris 
Honorable Randall W. Wilson 
2003-30240