Supreme Court

Case: 09-0703    
09-0703
08/21/2009
Mandamus/Cause
IN RE OLSHAN FOUNDATION REPAIR COMPANY, LLC AND OLSHAN FOUNDATION REPAIR COMPANY OF DALLAS, LTD. 
 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
04/08/2010Post submission brief filedRelator Post-submission letter brief (12) filed on behalf of Olshan Foundation Repair Co.
03/22/2010Additional citations received.Relator Cases listed, which are not cited in the briefs, for Oral Argument.  On behalf of Olshan Foundation Repair Company LLC., et al. (1)
12/21/2009Reply BriefRelator Relator's reply to the Tingdales' brief on the merits.  On behalf of Olshan's.  (orig & 11)
11/16/2009Brief on the MeritsReal Parties in Interest Rlp's brief on the  merits. On behalf of Robert Tingdale, et al. (12)
10/07/2009Waiver of Brief on the MeritsRelator Relator's(Olshan Foundation Repair Co., LLC) are relying on their petition for writ of mandamus as their brief on the merits(orig & 11)
09/21/2009Response to Petition for Writ of Mandamus FiledReal Parties in Interest Rlp's response to mandamus.  On behalf of Robert & Marta Tingdale. (12)
08/21/2009Appendix FiledRelator Appendix attached to mandamus.
08/21/2009Petition for Writ of Mandamus filedRelator On behalf of Olshan Foundation Repair Company, LLC., et al. (12)
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
07/13/2011Case Stored  G02 Row 19 E-3
01/14/2011Certified cys of cost bill sent to attys of record  Cost Bill Issued
12/03/2010Concurring Opinion issued.Issued
12/03/2010Opinion issuedWrit of Mandamus conditionally granted
12/03/2010Stay Order lifted  stay order issued July 3, 2009, lifted
04/08/2010Post submission brief filed  Post-submission letter brief (12) filed on behalf of Olshan Foundation Repair Co.
03/25/2010Additional Copies received  (11) add'l copies of Rel's add'l cites for OA.  Backdated to 3/22/10.  On behalf of On behalf of Olshan Foundation Repair Company LLC., et al.
03/23/2010Oral argument   argued on behalf of relator by Stephan B. Rogers; argued on behalf of real parties by Todd Lipscomb
03/23/2010Phone call from Clerk's Office  to Mr. Rogers.  RE: to request add'l copies of his add'l cites for cases 09-0433, 09-0474 & 09-0703.  Left msg.
03/22/2010Additional citations received.  Cases listed, which are not cited in the briefs, for Oral Argument.  On behalf of Olshan Foundation Repair Company LLC., et al. (1)
01/15/2010Case set for oral argumentCase set for oral argument consolidated w/ 09-0432, 09-0433, 09-0474 - OA set for 3/23/2010 @ 9:00 a.m.; time allotted to argue: 20/20 minutes
01/15/2010Mandamus Set to Argue 
01/15/2010Petition for Writ of Mandamus disposedCase set for oral argument
01/04/2010Phone call from Clerk's Office  to Mr. Stephan B. Rogers to inform him that it is not require a filing fee for a correction to brief.
01/04/2010Correction filed (See Remarks)  Correction to page 10 of Rels' reply brief on the merits.  On behalf of Olshan Foundation Repair Company, LLC., et al. (12)
12/21/2009Reply Brief  Relator's reply to the Tingdales' brief on the merits.  On behalf of Olshan's.  (orig & 11)
12/04/2009Motion for Extension of Time disposed.Filing granted M/e/t to file relator's reply br is granted.  Reply br is due n/l/t 3pm, December 21, 2009.  further reqs will be disfavored
12/03/2009Motion for Extension of Time to File Brief filed  Unopposed m/e/t to file Rels' REPLY brief on the merits.  On behalf of Olshan Foundation Repair Company, LLC., et al. (3)
11/16/2009Brief on the Merits  Rlp's brief on the  merits. On behalf of Robert Tingdale, et al. (12)
10/07/2009Waiver of Brief on the Merits  Relator's(Olshan Foundation Repair Co., LLC) are relying on their petition for writ of mandamus as their brief on the merits(orig & 11)
10/07/2009Notice of Appearance  Rlps, Robert Tingdale, et al.'s notice of appearance of counsel.  Add'l counsel for rlps, Mr. David M. Walsh, IV. (3)
09/24/2009Brief on the Merits Ordered  Brief on the merits requested:  Rel 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
09/21/2009Response to Petition for Writ of Mandamus Filed  Rlp's response to mandamus.  On behalf of Robert & Marta Tingdale. (12)
09/04/2009Stay Order issued 
09/04/2009Emergency stay disposedFiling granted emergency motion to stay district court proceedings granted
09/01/2009Letter Filed  Response letter to Court's request that the RLP respond to RELS' emergency motion to stay.  Per Todd Lipscomb, rlp's lead counsel:  RLP, Robert Tingdale, et al. does not oppose the rels' motion.  (12)
08/31/2009Call received  RLP atty Todd Lipscomb called to let the Court know that they are unopposed to the request for stay.  A letter stating that they will waive their response is on the way via email and via regular mail.  
08/26/2009Motion for Extension of Time disposed.Filing granted m/e/t to file requested response to emergency motion to stay granted.  Requested response to motion due n/l/t 3:00 p.m. on 8/31/09; mlbx rule d/n/a.  Email is acceptable with hard copies to follow.
08/26/2009Phone call from Clerk's Office  Call made to rel atty, Jeffrey Janota, regarding m/e/t to file req response to emergency motion to stay.  Mr. Janota stated he is unopposed to motion.  
08/26/2009Motion for Extension of Time to File Response  RLP's motion for extension of time to file response to motion to stay (12) filed on behalf of Robert Tingdale.
08/25/2009Phone call from Clerk's Office  Call made to Todd Lipscomb regarding extension of time to file requested response to emergency motion.  Mr. Lipscomb informed me that he will be overnighting the m/e/t to file requested response to emergency motion with fee.  
08/25/2009Call received  Call rec'd from rlp atty, Todd Lipscomb, asking for an extension of time to file requested response to emergency motion for stay.  Mr. Lipscomb is asking for an extension from Friday to Monday, 8/31/09 n/l/t 3:00 p.m.  Told atty that I would have to notify the Court.
08/25/2009Supreme Court of Texas Requested Response  Requested response to emergency motion to stay district court proceedings due n/l/t 3:00 p.m. on 8/28/09; mlbx rule d/n/a
08/24/2009Motion for emergency stay filed  REL's emergency motion to stay district court proceedings pending mandamus proceedings (12) filed on behalf of Olshan Foundation Repair Co., LLC
08/24/2009Supreme Court of Texas Requested Response  Requested response to petition for writ of mandamus due n/l/t 3:00 p.m. on 9/21/09; mlbx rule d/n/a
08/21/2009Case Record Filed   Record to mandamus filed on behalf of Olshan Foundation Repair Company, LLC., et al. (1)
08/21/2009Appendix Filed  Appendix attached to mandamus.
08/21/2009Petition for Writ of Mandamus filed  On behalf of Olshan Foundation Repair Company, LLC., et al. (12)
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/13/2011Case StoredCase stored.G02 Row 19 E-3
Parties
Party▲▼Party Type▲▼Representative▲▼
Olshan Foundation Repair Company, LLCRelatorMr. Duncan Roderick MacRae II
Mr. Jeffrey Janota
Mr. Stephan B. Rogers
Mr. Mark C. Roberts
Tingdale, RobertReal Party in Interest Mr. David M. Walsh IV
Mr. Robert W. Loree
Mr. Edwin Todd Lipscomb
Mr. Christopher Dean Below
Mr. Steven W. Thornton
Court of Appeals Information:
Denied 
___ SW3d ___, 07-01-09 
10th Court of Appeals 
Honorable Tom W. Gray 
Trial Court Information
40th District Court 
Ellis 
Honorable Gene Knize 
74551