Supreme Court

Case: 09-0905    
09-0905
10/29/2009
Second Petition for Review/Cause under Rule 53.1
LARRY YORK D/B/A YORK TANK TRUCKS 
STATE OF TEXAS AND WISE COUNTY, TEXAS 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
07/29/2010Reply BriefEvent related to subsequent petition filed in case. Petitioner#2, Wise County's reply brief on the merits. (orig & 11)
07/28/2010Reply BriefEvent related to first petition filed in case. Reply Brief on the merits to State of Texas (12) filed on behalf of Larry York.
07/28/2010Reply BriefEvent related to first petition filed in case. Reply Brief on the merits to Wise County, TX (12) filed on behalf of Larry York.
07/14/2010Brief on the MeritsRespondent Respondent State of Texas's Brief on the Merits. (12)
07/13/2010Brief on the MeritsRespondent Petitioner #1/Cross-Respondent Larry York's Response Brief on the Merits. (12)
06/01/2010Brief on the MeritsRespondent Wise County, Texas' respondent's brief on the merits. (orig & 11)
05/24/2010Brief on the MeritsEvent related to subsequent petition filed in case. Brief on the merits (12) filed on behalf of Wise County, TX.
05/07/2010Brief on the MeritsEvent related to first petition filed in case. Petitioner Larry York's (Pet 1) Brief on the Merits. (12)
02/22/2010Reply to ResponseEvent related to first petition filed in case. PET #1's Larry York's reply to State of Texas' Response to both petitions for review (12) filed on behalf of Larry York.
02/22/2010Reply to ResponseEvent related to first petition filed in case. PET #1 Larry York's reply to Wise county, Texas' Response to petition for review (12) filed on behalf of Larry York.
02/05/2010Response to PetitionRespondent PET#2's response to Larry York's petition for review (12) filed on behalf of Wise County, TX.
02/05/2010Response to PetitionRespondent Response to petitioner Larry York and petitioner Wise County INCORPORATED TOGETHER (12) filed on behalf of State of Texas.
01/04/2010Response to PetitionRespondent Response to pet/rev #2.  On behalf of (Pet #1), Larry York. (12)
11/30/2009Appendix FiledPetitioner attached to petition
11/30/2009Petition for Review #2Petitioner PET FOR REVIEW FILED #2 (12) filed on behalf of Wise County, TX
10/29/2009Appendix FiledPetitioner Appendix attached to pet/rev.
10/29/2009Petition for ReviewPetitioner On behalf of Larry York. (12)
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/14/2009Motion for Extension of Time disposed.Filing granted State's m/e/t to file responses to pets for rev is granted.  Resps are due February 5, 2010.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.  Mailbox rule dna.
12/11/2009Motion for Extension of Time to File Response  RSP's unopposed motion for extension of time to file responses (3) filed on behalf of State of Texas.
12/09/2009Response Waiver filed  Response waiver filed on behalf of (Pet 1) Larry York. (12)
12/07/2009Supreme Court of Texas Requested Response  Requested response to both petitions for review due n/l/t 3:00 p.m. on 1/6/2010; mlbx rule d/n/a
12/06/2011Oral argument   argued on behalf of petitioner by Samuel C. Bishop; argued on behalf of respondent, State of Texas, by Kristofer S. Monson; argued on behalf of respondent, Wise County, TX, by Thomas Michel
12/06/2011Oral argument   argued on behalf of petitioner by Samuel C. Bishop; argued on behalf of respondent, State of Texas, by Kristofer S. Monson; argued on behalf of respondent, Wise County, TX, by Thomas Michel
12/01/2009Response Waiver filed  Response waiver to pet#1 filed on behalf of The State of Texas (orig & 2)
12/01/2009Case forwarded to Court 
12/01/2009Case forwarded to Court 
11/30/2009Appendix Filed  attached to petition
11/30/2009Petition for Review #2  PET FOR REVIEW FILED #2 (12) filed on behalf of Wise County, TX
11/17/2009Motion for Extension of Time to File Petition for Review disposedFiling granted Pet Wise County, Texas' m/e/t to file petition for review granted.  Pet#2 due 11/23/09.
11/09/2009Phone call from Clerk's Office  to Mr. Liller, resp's counsel and Mr. Bishop.  RE: to inquire whether they are unopposed or opposed to Wise Cty.'s m/e/t.  Per Mr. Bishop, he is unopposed.  Mr. Liller is out of the ofc.  Requested call back.
11/09/2009Motion for Extension of Time to File Petition for Review #2 filed  M/E/T to file pet/rev #2.  On behalf of Wise County, Texas. (3)
11/09/2009Response Waiver filed  Response waiver filed on behalf of Wise County. (12)
10/29/2009Appendix Filed  Appendix attached to pet/rev.
10/29/2009Petition for Review  On behalf of Larry York. (12)
09/26/2012Case Stored  G02 Row 21 G-4 (3 vols)
09/24/2012Document received (See Remarks)  (1) courtesy copy of the bill of costs from the Court of Appeals.
09/21/2011Notice from attorney regarding vacation dates  Vacation letter notice for Mr. Samuel C. Bishop, atty for pet.  He will be on vacation November 18, 2011 - November 25, 2011.
09/19/2011Oral Argument Submission Form from Attorney received  OA submission form submitted by respondent Wise County, Tx attorney Thomas Michel of Griffith, Jay & Michel of Fort Worth, TX
09/13/2012Mandate issued  Mandate & Cost Bill Issued
09/01/2011Oral Argument Submission Form from Attorney received  OA submission form submitted by petitioner attorney Samuel C. Bishop of Bishop & Bishop of Decatur, TX
08/30/2011Oral Argument Submission Form from Attorney received  OA submission form submitted by respondent, State of Texas, attorney Kristofer S. Monson of the Office of the Attorney General of Austin, TX
08/30/2010Response to Motion filed  Response to motion to strike (2) filed on behalf of State of Texas.
08/20/2010Phone call from Clerk's Office  Call made to Kristopher Monson requesting response to Motion to Strike due no later than 3 p.m. on 8/30/10
08/20/2010Supreme Court of Texas Requested Response  Requested response to Motion to Strike Portions of State Texas' Brief on the Merits due no later than 3:00 p.m. on 8/30/10; mailbox rule does not apply.
08/19/2011Case set for oral argumentCase set for oral argument Set for oral argument at 9:00 a.m. on 12/6/11; time allotted to argue: 20/20 minutes
08/19/2011Petition for Review granted 
08/19/2011Petition for Review disposedFiling granted
08/19/2011Case set for oral argumentCase set for oral argument Set for oral argument for 9:00 a.m. on 12/6/11; time allotted to argue: 20/20 minutes
08/19/2011Petition for Review granted 
08/19/2011Petition for Review disposedFiling granted
07/29/2010Reply Brief  Petitioner#2, Wise County's reply brief on the merits. (orig & 11)
07/28/2010Call received  Mr. Monson informed the Court that he will not be filing a response to the motion unless the Court requests one.
07/28/2010Phone call from Clerk's Office  Requested whether or not a response will be filed to the motion.
07/28/2010Motion to Strike filed  Objections to and motion to strike portions of State Texas' Brief on the merits (12) filed on behalf of Larry York.
07/28/2010Reply Brief  Reply Brief on the merits to State of Texas (12) filed on behalf of Larry York.
07/28/2010Reply Brief  Reply Brief on the merits to Wise County, TX (12) filed on behalf of Larry York.
07/14/2010Brief on the Merits  Respondent State of Texas's Brief on the Merits. (12)
07/13/2010Brief on the Merits  Petitioner #1/Cross-Respondent Larry York's Response Brief on the Merits. (12)
07/10/2012Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Rehearing due 07/27/12; FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED.
07/10/2012Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to File Motion for Rehearing filed on behalf of Wise County, Texas.
06/29/2012Court approved judgment sent to attorneys of recordIssued
06/29/2012Motion to strike disposedFiling dismissed as moot Objections to and motion to strike portions of State Texas' Brief on the merits dismissed as moot
06/29/2012Opinion issuedIssued
06/29/2012Opinion issuedCourt of Appeals' judgment reversed; cause remanded to trial court
06/10/2010Motion for Extension of Time disposed.Filing granted All response briefs due no later than, July 14, 2010.  All replies are due no later than 3pm, July 29, 2010.  no further extensions will be considered.  mailbox rule does not apply.
06/07/2010Letter Filed  CC'd letter to Court:  Letter to Mr. Monson requesting copy of motion for extension (3) filed on behalf of Larry York.
06/07/2010Response to Motion filed  Response to motion (12) filed on behalf of Larry York.
06/03/2010Phone call from Clerk's Office  to Mr. Bishop.  RE: to inquire whether he intends to file a response of his opposition to State of Texas' motion.  Per Mr. Bishop, he does intend to file a response.
06/03/2010Motion for Extension of Time to File Brief filed  2nd motion for extension of time to file Respondent's Brief on the merits. On behalf of State of Texas. (2)
06/01/2010Brief on the Merits  Wise County, Texas' respondent's brief on the merits. (orig & 11)
05/24/2010Brief on the Merits  Brief on the merits (12) filed on behalf of Wise County, TX.
05/21/2014Case Stored - stored case location updated  Row 11 B-5
05/18/2010Motion for Extension of Time disposed.Filing granted State of Texas' response brief is due no later than 3pm, June 14, 2010.  Reply brief is due no later than 3pm, June 29, 2010.  further requests will be disfavored.  mailbox rule does not apply.
05/14/2010Phone call from Clerk's Office  to Mr. Bishop.  RE: to inquire whether he intends to file a response of his opposition to State of Texas' motion.  Per Mr. Bishop, he does not intend to file a response, although, he stated that he filed a response to Wise's Cty's motion last week and it is the same position on his behalf to State's motion.
05/13/2010Motion for Extension of Time to File Brief filed  Motion for extension of time to file Respondent's brief on the merits. On behalf of State of Texas. (2)
05/11/2010Motion for Extension of Time disposed.Filing granted Wise County's petitioners brief is due no later than 3pm, May 24, 2010.  Respondents brief is due no later than 3pm, June 14, 2010.  Reply is due no later than 3pm, June 29, 2010.  further requests are disfavored.  mailbox rule does not apply.
05/10/2010Response to Motion filed  Response to motion for extension of time to file brief on the merits (3) filed on behalf of Larry York.
05/07/2010Call received  Mr. Monson informed the Court that the motion is unopposed.
05/07/2010Brief on the Merits  Petitioner Larry York's (Pet 1) Brief on the Merits. (12)
05/07/2010Motion for Extension of Time to File Brief filed  Wise County, Texas' first motion for extension of time to file brief on the merits (3).
05/06/2010Designation of Lead Counsel   Notice of appearance and designation of new lead appellate counsel.  Mr. Kristofer S. Monson is now lead counsel.  (orig & 2)
04/14/2010Case Record Filed   INVENTORY IN MAIN REMARKS SECTION
04/12/2010Record Requested in Case 
04/09/2010Notice from attorney regarding vacation dates  Mr. Michel's vacation notice:  06-04-10 to 06-11-10 (1) filed on behalf of Wise County, TX.
04/09/2010Brief on the Merits Ordered  Brief on the merits requested:  Pet br due n/l/t 3:00 p.m. on 5/10/10; Rsp br due 6/1/10; Reply br due 6/16/10; mlbx rule d/n/a
03/02/2012Notice from attorney regarding vacation dates  E-FILED  Petitioner's Lead Counsel, Mr. Samuel Bishop, Vacation Notice.  He will be at a seminar and/or on vacation on the following dates: March 9, 2012 through March 16, 2012.
02/29/2012Phone call from Clerk's Office  To Mr. Samuel Bishop's office and spoke to receptionist and left message for paralegal, Judge Adkins in re:  efiling the vacation letter dated Feb. 9, 2012 for Mr. Bishop.
02/26/2010Motion for extension of length of brief disposedFiling granted motion for leave to file reply brief in excess of page limit granted
02/22/2010Motion for Extension of Length of Brief filed  PET's motion for leave to file reply brief in excess of page limit (12) filed on behalf of Larry York.
02/22/2010Reply to Response  PET #1's Larry York's reply to State of Texas' Response to both petitions for review (12) filed on behalf of Larry York.
02/22/2010Reply to Response  PET #1 Larry York's reply to Wise county, Texas' Response to petition for review (12) filed on behalf of Larry York.
02/13/2012Phone call from Clerk's Office  To Mr. Samuel Bishop's office to request that they efile their vacation letter.  Spoke to his paralegal, Judy Adkins, and she said that they would efile it.
02/05/2010Response to Petition  PET#2's response to Larry York's petition for review (12) filed on behalf of Wise County, TX.
02/05/2010Response to Petition  Response to petitioner Larry York and petitioner Wise County INCORPORATED TOGETHER (12) filed on behalf of State of Texas.
01/05/2010Motion for Extension of Time disposed.Filing granted Wise County's m/e/t to file response is granted.   Resp is due n/l/t 3pm, February 5, 2010.  further reqs will be disfavored.  mailbox rule dna.
01/04/2010Phone call from Clerk's Office  Mr. Bishop informed the Court that  a response to the motion will not be filed.
01/04/2010Motion for Extension of Time to File Response  RSP's unopposed & opposed motion for extension of time to file response (3) filed on behalf of Wise County, TX.
01/04/2010Response to Petition  Response to pet/rev #2.  On behalf of (Pet #1), Larry York. (12)
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
05/21/2014Case StoredCase stored.Row 11 B-5
09/26/2012Case StoredCase stored.G02 Row 21 G-4 (3 vols)
Parties
Party▲▼Party Type▲▼Representative▲▼
State of TexasRespondentMr. William "Bill" J. Cobb III
Mr. James C. Ho
Mr. David S. Morales
Mr. Daniel T. Hodge
Mr. David A. Talbot Jr.
Attorney General Gregory W. Abbott
Mr. C. Andrew Weber
Mr. Harold Joseph Liller
Mr. Kristofer S. Monson
York, LarryPetitionerMr. Samuel Clifford Bishop
Wise County, TexasRespondentMr. Thomas M. Michel
Mr. Christopher N. Forbis
Court of Appeals Information:
Aff.(part)Rev.&Rem(part) 
298 SW3d 735, 09-24-09 
2nd Court of Appeals 
Honorable Terrie Livingston 
Trial Court Information
County Court at Law 
Wise 
Honorable Melton D. Cude 
3925