Supreme Court

Case: 09-0377    
09-0377
05/07/2009
Petition for Review/Cause under Rule 53.1
AARON GLENN HAYGOOD 
MARGARITA GARZA DE ESCABEDO 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
10/07/2011Amicus Curiae Brief receivedReceived (instead of filed) E-FILED  Brief of Amicus Curiae the Texas Trial Lawyers Association in Support of Motion for Rehearing.  Submitted by Steve Mosty, President of TTLA, and Kirk Pittard.  (HARD COPIES REC'D)
09/16/2011Motion for RehearingPetitioner's motion for rehearing of cause filed E-FILED: Motion for Rehearing filed on behalf of Aaron Glenn Haygood.  (HARD COPIES REC'D)
06/16/2011Amicus Curiae Brief receivedReceived (instead of filed) E-FILED  Amicus Brief of Texas Alliance for Patient Access.  (HARD COPIES REC'D)
02/11/2011Post submission brief filedRespondent Post-submission letter filed on behalf of Margarita Garza de Escabedo (orig & 11)
10/14/2010Response to Amicus Curiae Brief filedRespondent Response to Amicus Brief of Texas Trial Lawyer's Assoc'n (12) filed on behalf of Margarita Garza de Escabedo.
09/28/2010Amicus Curiae Brief receivedReceived (instead of filed) Amicus curiae brief on behalf of The Texas Trial Lawyers Association in support of petitioner's brief on the merits, submitted by Mr. Kirk L. Pittard, Durham & Pittard, LLP, P.O. Box 224626, Dallas, TX.  75222, Phone (214) 946-8000, Fax (214) 946-8433. (orig & 11)
09/14/2010Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief on behalf of Univar USA Inc. (12) submitted by Michael Choyke of Wright Brown & Close LLP, Three Riverway, Ste. 600, Houston, TX 77056, Tel. (713)572-4321
09/13/2010Pre-Submission briefRespondent Respondent, Margarita Garza de Escabedo's PRE-SUBMISSION LETTER in lieu of the upcoming Oral Argument. (12)
03/22/2010Amicus Curiae Brief receivedReceived (instead of filed) Amicus brief on behalf of Texas Association of Defense Counsel. (12) Submitted by J. Mitchell Smith, PO Box 4915, Beaumont, Texas 77704.
03/22/2010Amicus Curiae Brief receivedReceived (instead of filed) Amicus brief on behalf of National Association of Mutual Insurance Companies. (12) Submitted by Attys.: Warren Huang, 1301 McKinney, Ste. 5100, Houston, TX 77010; AND Greg Smith, 100 E. Ferguson, Ste. 500, Tyler, TX 75702.
03/16/2010Amicus Curiae Brief receivedReceived (instead of filed) Amicus brief on behalf of American Insurance Association. (12) Submitted by Levon G. Hovnatanian; MARTIN DISIERE JEFFERSON & WISDOM, LLP., 808 Travis, Ste. 1800, Houston, Texas 77002. [Ph] (713) 632-1700 [Fx] (713) 222-0101.
03/11/2010Reply BriefPetitioner Petitioner's reply brief on the merits.  Filed on behalf of Aaron Glenn Haygood. (orig & 11)
02/12/2010Brief on the MeritsRespondent Respondent's Brief on the Merits.  On behalf of Margarita Garza De Escabedo.  (orig. + 11)
12/23/2009Brief on the MeritsPetitioner Petitioner's brief on the merits.  On behalf of Aaron Glenn Haygood.  (orig & 11)
08/26/2009Response to PetitionRespondent Response to pet/rev. On behalf of Margarita Garza de Escabedo. (12)
07/02/2009Appendix FiledPetitioner attached to petition
07/02/2009Petition for ReviewPetitioner PFR appendix attached (12) filed on behalf of Aaron Glenn Haygood.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/23/2009Brief on the Merits  Petitioner's brief on the merits.  On behalf of Aaron Glenn Haygood.  (orig & 11)
11/30/2009Phone call from Clerk's Office  Call made to atty to let them know that their motion was granted. Postcards/letters will be sent today since there were technical difficulties on Wednesday when motion was granted.  
11/25/2009Motion for Extension of Time disposed.Filing granted Pet's unopposed m/e/t to file brief on the merits granted.  Pet br due n/l/t 3:00 p.m. on 12/23/09; Rsp br due 1/12/2010; Reply br due 1/27/2010; mlbx rule d/n/a.  Further requests for extensions of time will be disfavored.
11/24/2010Motion to strike disposedDenied Respondent's Motion to Strike Brief of Amicus Curiae denied
11/24/2009Motion for Extension of Time to File Brief filed  PET's unopposed motion for extension of time to file brief (12) filed on behalf of Aaron Glenn Haygood.
11/04/2010Reply to Response to Motion  Respondent's reply to Haygood's response to Escabedo's motion to strike brief of amicus curiae The Texas Trial Lawyers Association.  (orig & 11)
10/30/2009Case Record Filed   INVENTORY IN MAIN REMARKS SECTION
10/27/2009Record Requested in Case 
10/25/2010Adopt by Reference pursuant to Tex. R. App. P. 9.7   Adopt by Reference:  petitioner's response to motion to strike brief of amicus (2) filed on behalf of Texas Trial Lawyers Assoc'n.
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
10/22/2010Response to Motion filed  Petitioner Aaron Glenn Haygood's Response to Respondent's Motion to Strike Brief of Amicus Curiae The Texas Trial Lawyers Association. (3)
10/15/2010Call received  from Mr. Kelly to inform the Court that he will file a response to strike but same as Mr. Pittard, he hasn't received the motion.
10/15/2010Phone call from Clerk's Office  to Petitioner's counsel, Mr. Kelly, and Amicus TTLA's counsel, Mr. Pittard. RE: to inquire whether they intend to file a response to motion to strike.  Left message with Mr. Kelly's assistant, and requested call back.  Mr. Pittard said that he do intend to file a response but he has yet seen the motion, upon receive the motion, he is going to prepare his response and send it to us.
10/14/2010Phone call from Clerk's Office  to Mr. Cawley, respodent's counsel, to request $10 filing fee for its motion to strike amicus brief. Spoke with his assistant, Cara Davis, and she is going to send it via fedex for us to receive tomorrow morning.
10/14/2010Motion to Strike filed  Respondent Margarita Garza de Escabedo's Motion to Strike Brief of Amicus Curiae The Texas Trial Lawyers Association. (2)
10/14/2010Response to Amicus Curiae Brief filed  Response to Amicus Brief of Texas Trial Lawyer's Assoc'n (12) filed on behalf of Margarita Garza de Escabedo.
10/07/2011Amicus Curiae Brief received  E-FILED  Brief of Amicus Curiae the Texas Trial Lawyers Association in Support of Motion for Rehearing.  Submitted by Steve Mosty, President of TTLA, and Kirk Pittard.  (HARD COPIES REC'D)
09/28/2010Amicus Curiae Brief received  Amicus curiae brief on behalf of The Texas Trial Lawyers Association in support of petitioner's brief on the merits, submitted by Mr. Kirk L. Pittard, Durham & Pittard, LLP, P.O. Box 224626, Dallas, TX.  75222, Phone (214) 946-8000, Fax (214) 946-8433. (orig & 11)
09/28/2010Phone call from Clerk's Office  call made to Ms. Davis, paralegal for respondent's counsel, to inform her that, as of today, we have yet received the electronic copy (SC order 10-9065) of Respondent's Pre-Submission Brief.  Left message.
09/21/2011Miscellaneous motion disposed. See Remarks.Filing granted Motion to Corrected Motion for Rehearing granted
09/21/2011Correction filed (See Remarks)  E-FILED  Corrected Motion for Rehearing filed on behalf of Aaron Glenn Haygood.
09/21/2011Miscellaneous Motion  E-FILED  Motion to Corrected Motion for Rehearing filed on behalf of Aaron Glenn Haywood.
09/16/2011Case forwarded to Court 
09/16/2011Motion for Rehearing  E-FILED: Motion for Rehearing filed on behalf of Aaron Glenn Haygood.  (HARD COPIES REC'D)
09/16/2010Oral argument   argued on behalf of petitioner by Peter M. Kelly; argued on behalf of respondent by Frank G. Cawley
09/14/2010Amicus Curiae Brief received  Amicus Brief on behalf of Univar USA Inc. (12) submitted by Michael Choyke of Wright Brown & Close LLP, Three Riverway, Ste. 600, Houston, TX 77056, Tel. (713)572-4321
09/13/2010Pre-Submission brief  Respondent, Margarita Garza de Escabedo's PRE-SUBMISSION LETTER in lieu of the upcoming Oral Argument. (12)
08/26/2009Response to Petition  Response to pet/rev. On behalf of Margarita Garza de Escabedo. (12)
08/09/2010Oral Argument Submission Form from Attorney received  OA submission form submitted by Frank G. Cawley of Whitehurst & Cawley, L.L.P. of Addison, TX
08/01/2011Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Unopposed Second Motion for Extension of Time to File Motion for Rehearing granted.  Motion for Rehearing due 9/16/11.  No further requests for extensions of time will not be considered.
08/01/2011Motion for Extension of Time to File Motion for Rehearing  E-FILED: Unopposed Second Motion for Extension of Time to File Motion for Rehearing filed on behalf of Aaron Glenn Haygood.
07/29/2010Oral Argument Submission Form from Attorney received  OA submission form submitted by petitioner attorney Peter M. Kelly of Law Office of Peter M. Kelly, P.C. of Houston
07/27/2009Supreme Court of Texas Requested Response  Requested response to petition for review due n/l/t 3:00 p.m. on 8/26/09; mlbx rule d/n/a
07/16/2010Case set for oral argumentCase set for oral argument Set for oral argument on 9/16/10 @ 9 a.m.; time allotted to argue:  20/20 minutes
07/14/2009Case forwarded to Court 
07/13/2009Response Waiver filed  Response waiver filed on behalf of Margarita Garza de Escabedo. (3)
07/11/2011Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Unopposed motion for extension of time to file motion for rehearing granted.  Motion for rehearing due 8/17/11.  Further requests for extensions of time will be disfavored.
07/08/2011Motion for Extension of Time to File Motion for Rehearing  E-FILED  Unopposed Motion for Extension of Time to file Motion for Rehearing.  On behalf of Aaron Glenn Haygood. (HARD COPIES RECEIVED)
07/02/2009Appendix Filed  attached to petition
07/02/2009Petition for Review  PFR appendix attached (12) filed on behalf of Aaron Glenn Haygood.
07/01/2011Court approved judgment sent to attorneys of recordIssued
07/01/2011Dissenting opinion issued.Issued
07/01/2011Opinion issuedCourt of appeals' judgment affirmed
06/16/2011Amicus Curiae Brief received  E-FILED  Amicus Brief of Texas Alliance for Patient Access.  (HARD COPIES REC'D)
06/10/2009Second Motion for Extension of Time to File Petition for Review disposedFiling granted 2nd m/e/t to file pet/rev is granted.   Pet/rev is due June 29, 2009.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.  
06/08/2011Letter Filed  E-FILED: Letter informing Court of change of firm affiliation for Peter M. Kelly filed on behalf of Aaron Glenn Haygood.
06/08/2009Notice of Appearance  Notice of Appearance for pet's counsel, Mr. Peter M. Kelly. (12)
06/08/2009Second Motion for Extension of Time to File Petition for Review filed  Agreed m/e/t to file pet/rev. On behalf of Aaron Glenn Haygood. (12)
05/08/2009Motion for Extension of Time to File Petition for Review disposedFiling granted M/e/t to file pet/rev is granted.   Pet/rev is due June 8, 2009.
05/07/2009Motion for Extension of Time to File Petition for Review filed  PET's unopposed motion for extension of time to file a petition (3) filed on behalf of Haygood.
04/09/2010Petition for Review granted 
04/09/2010Petition for Review disposedFiling granted The date and time are yet to be determined.
03/23/2010Phone call from Clerk's Office  to Amicus party TX Assc. of Defense's counsel, Mr. Mitch Smith.  Re: to enforce SC order 09-9193 (e-copies of docs);   s/w his assistant and she will send us an email copy of the amicus.
03/22/2010Amicus Curiae Brief received  Amicus brief on behalf of Texas Association of Defense Counsel. (12) Submitted by J. Mitchell Smith, PO Box 4915, Beaumont, Texas 77704.
03/22/2010Amicus Curiae Brief received  Amicus brief on behalf of National Association of Mutual Insurance Companies. (12) Submitted by Attys.: Warren Huang, 1301 McKinney, Ste. 5100, Houston, TX 77010; AND Greg Smith, 100 E. Ferguson, Ste. 500, Tyler, TX 75702.
03/16/2010Amicus Curiae Brief received  Amicus brief on behalf of American Insurance Association. (12) Submitted by Levon G. Hovnatanian; MARTIN DISIERE JEFFERSON & WISDOM, LLP., 808 Travis, Ste. 1800, Houston, Texas 77002. [Ph] (713) 632-1700 [Fx] (713) 222-0101.
03/11/2010Phone call from Clerk's Office  To Mr. Peter Kelly's office - spoke with Mr. Kelly and requested that they send an electronic copy of their pet's reply brief on the merits.
03/11/2010Reply Brief  Petitioner's reply brief on the merits.  Filed on behalf of Aaron Glenn Haygood. (orig & 11)
03/08/2010Motion for Extension of Time disposed.Filing granted M/e/t to file pet's reply bom is granted.   Reply br is due n/l/t 3pm, March 11, 2010.  further reqs will be disfavored.  mailbox rule dna.
03/04/2010Motion for Extension of Time to File Brief filed  PET's unopposed motion for extension of time to file reply brief on the merits (3) filed on behalf of Aaron Glenn Haygood.
02/12/2010Brief on the Merits  Respondent's Brief on the Merits.  On behalf of Margarita Garza De Escabedo.  (orig. + 11)
02/11/2011Post submission brief filed  Post-submission letter filed on behalf of Margarita Garza de Escabedo (orig & 11)
02/02/2012Case Stored  G02 Row 20 H-4 (3 vols)
01/27/2012Mandate issued  Mandate & Cost Bill Issued
01/27/2012Motion for Rehearing - DisposedDenied
01/12/2010Motion 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, February 12, 2010.  Reply br is due nl/t 3pm, March 1, 2010.  further reqs will be disfavored.  mailbox rule dna.
01/11/2010Motion for Extension of Time to File Brief filed  RSP's agreed motion for extension of time to file response brief (3) filed on behalf of Margarita Garza De Escabedo.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
02/02/2012Case StoredCase stored.G02 Row 20 H-4 (3 vols)
Parties
Party▲▼Party Type▲▼Representative▲▼
The Texas Trial Lawyers AssociationAmicus CuriaeMr. John Steven Mostyn
Mr. Kirk L. Pittard
Texas Association of Defense CounselAmicus CuriaeMr. J. Mitchell Smith
National Association of Mutual Insurance CompaniesAmicus CuriaeMr. Warren S. Huang
Mr. Gregory D. Smith
American Insurance AssocationAmicus CuriaeMr. Levon G. Hovnatanian
Univar USA Inc.Amicus CuriaeMr. Michael A. Choyke
Escabedo, Margarita GarzaRespondentMr. Frank Gerhardt Cawley
Texas Alliance for Patient AccessAmicus CuriaeMs. Diana L. Faust
Haygood, Aaron GlennPetitionerThe Honorable Peter Kelly
Mr. Ronald J. Schaeffer
Court of Appeals Information:
AFF/PT/REV/PT 
283 SW3d 3, 02-18-09 
12th Court of Appeals 
Honorable Brian Hoyle 
Trial Court Information
217th District Court 
Angelina 
Honorable Barry Randolph Bryan  
CV-38059