Supreme Court

Case: 09-0932    
09-0932
11/09/2009
Petition for Review originally filed as 53.7(f)
ALICE ANDREWS 
ERIC DRAKE 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
03/17/2011Motion for RehearingRehearing filed in Petition for Review Petitioner's Motion for Rehearing filed on behalf of Alice Andrews. (2)
01/18/2011Reply BriefPetitioner Reply brief on the merits (12) filed on behalf of Alice Andrews.
12/21/2010Brief on the MeritsRespondent Brief on the merits (12) filed on behalf of Eric Drake.
09/30/2010Brief on the MeritsPetitioner Brief on the merits (12) filed on behalf of Alice Andrews.
05/07/2010Reply to ResponsePetitioner Reply to Response to Petition for Review. On behalf of Alice Andrews. (12)
04/30/2010Response to PetitionRespondent Response to Petition for Review. On behalf of Eric Drake. (12)
12/07/2009Appendix FiledPetitioner attached to petition
12/07/2009Petition for ReviewPetitioner PFR appendix attached (12) filed on behalf of Alice Andrews.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/21/2010Brief on the Merits  Brief on the merits (12) filed on behalf of Eric Drake.
12/10/2009Motion to withdraw disposed ofFiling granted Robert E. Goodman, Jr.'s notice to withdraw as counsel for Eric Drake is granted.
12/07/2009Appendix Filed  attached to petition
12/07/2009Petition for Review  PFR appendix attached (12) filed on behalf of Alice Andrews.
12/03/2010Miscellaneous motion disposed. See Remarks.Denied motion to recuse denied
11/30/2010Statement regarding recusal  Letter of Justice Don R. Willett to Chief Justice Jefferson stating he declines to recuse himself as requested by the motion to recuse filed by respondent Eric Drake.  TRAP 16.3(b)
11/30/2010Statement regarding recusal  Letter of Justice Debra Lehrmann to Chief Justice Jefferson stating she declines to recuse herself as requested by the motion to recuse filed by respondent Eric Drake.  TRAP 16.3(b)
11/29/2010Statement regarding recusal  Letter of Justice David Medina to Chief Justice Jefferson stating he declines to recuse himself as requested by the motion to recuse filed by respondent Eric Drake.  TRAP 16.3(b)
11/24/2009Second Motion for Extension of Time to File Petition for Review disposedFiling granted Pet's 2nd m/e/t to file petition for review granted.  Petition due 12/7/09. Further requests for extensions of time will be disfavored.
11/23/2010Statement regarding recusal  Letter of Justice Paul Green to Chief Justice Jefferson stating he declines to recuse himself as requested by the motion to recuse filed by respondent Eric Drake.  TRAP 16.3(b)
11/23/2009Second Motion for Extension of Time to File Petition for Review filed  Motion for a two-wks extension of time to file pet/rev.  On behalf of Alicia Andrews. (3)
11/22/2010Statement regarding recusal  Letter of Justice Nathan L. Hecht to Chief Justice Jefferson stating he declines to recuse himself as requested by the motion to recuse filed by respondent Eric Drake.  TRAP 16.3(b)
11/22/2010Statement regarding recusal  Letter of Justice Eva M. Guzman to Chief Justice Jefferson stating she declines to recuse herself as requested by the motion to recuse filed by respondent Eric Drake.  TRAP 16.3(b)
11/17/2009Phone call from Clerk's Office  Call made to Eric Drake to let him know that Motion to Withdraw Counsel was filed; Was informed he had up to 10 days to respond to motion;  Mr. Drake said he has brain damage and will ask for an extension of time to file response to Motion to Withdraw since he sleeps 90% of the time.  He will send in his request for extension of time or response ASAP.
11/16/2010Motion for Extension of Time disposed.Filing granted Second motion for extension of time to response brief on the merits granted.  Response brief due no later than 3:00 p.m. on 12/22/10; Reply brief due 1/6/11; mailbox rule does not apply. Further requests for extensions of time will be disfavored.
11/16/2009Motion to Withdraw Filed  Motion of Robert E. Goodman, Jr. to withdraw as resp's counsel under Rule 6.5. (3)
11/15/2010Motion to Recuse filed  Respondent's motion to recuse filed on behalf of Eric Drake (2)
11/15/2010Phone call from Clerk's Office  Call made to petitioner attorney Levon Hovnatanian regarding second motion for extension of time.  Mr. Hovnatanian is unopposed to request.
11/15/2010Motion for Extension of Time to File Brief filed  Respondent's second motion for extension of time to respond to petitioner's brief on the merits on behalf of Eric Drake (2)
11/10/2009Motion for Extension of Time to File Petition for Review disposedFiling granted M/e/t to file pet/rev is granted.   Pet/rev is due November 23, 2009
11/10/2009Call received  Call from Mr. Eric Drake letting the Court know that he opposes the motion to extend time but will not be filing a response to it.  He also said that he will oppose any motion to withdraw that his attorney files in this Court, and he will file a response to that motion.
11/10/2009Call received  Call received from Mr. Goodman letting the Court know that he no longer respresents the respondent, Eric Drake.  He said that he will e-mail Mr. Drake about whether the motion is opposed, and he will also send us a motion to withdraw as attorney for Mr. Drake.
11/10/2009Phone call from Clerk's Office  Left Msg w/ Mr. Goodman to see if he is opposed or not to the 53.7.
11/09/2009Motion for Extension of Time to File Petition for Review filed  Alice Andrews' Motion for Extension of Time to file Petition for Review.  (3)
10/20/2010Motion for Extension of Time disposed.Filing granted Respondent's motion for extension of time to file brief on the merits granted.  Response brief due no later than 3:00 p.m. on 11/15/10; mailbox rule does not apply.  Further requests for extensions of time will be disfavored.
10/19/2010Phone call from Clerk's Office  Requested filing fee for motion.
10/19/2010Motion for Extension of Time to File Brief filed  Unopposed motion for extension of time to file brief (2) filed on behalf of Eric Drake.
09/30/2010Brief on the Merits  Brief on the merits (12) filed on behalf of Alice Andrews.
09/13/2010Motion for Extension of Time disposed.Filing granted Petitioner's brief is due no later than 3pm, October 4, 2010.  Respondent's brief is due no later than 3pm, October 25, 2010.  Reply brief is due no later than 3pm, November 9, 2010.  further requests will be disfavored.  mailbox rule does not apply.
09/08/2010Call received  Mr. Drake is opposed to the response, but no response will be filed.
09/02/2010Phone call from Clerk's Office  Left message for Mr. Drake.  Requested whether motion is opposed or unopposed.
09/02/2010Motion for Extension of Time to File Brief filed  Motion for extension of time to file brief (2) filed on behalf of Alice Andrews.
08/23/2010Case Record Filed   INVENTORY IN MAIN REMARKS SECTION
08/19/2010Document filed (see remarks)  (1) copy of the letter that was sent to the 5th court of appeals advising that "a firm check for $25 to pay the cost of shipping the record to the Supreme Court of Texas."  On behalf of Alice Andrews.
08/12/2010Record Requested in Case 
08/03/2010Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due 3:00 p.m. on 9/2/10; Respondent's brief due 9/22/10; Reply brief due on 10/7/10; mailbox rule does not apply
08/03/2010Phone call from Clerk's Office  Call made to Eric Drake to inquire if he sent in the form to certify the financial requirements for the Pro Bono Program.  Mr. Drake was asked the attorney's name who contacted the Court's office on 8/2/10 so that we could have that attorney submit a notice of appearance.  Mr. Drake said he was in a meeting and would call back
08/03/2010Phone call from Clerk's Office  Call made to Marcy Greer's office to find out if Mr. Drake ever returned the form (sent to Mr. Drake on 7/15/10) to certify that he meet the financial eligibility requirements for the Pro Bono Program; Spoke with Lisa who said they had not received anything from Mr. Drake
08/02/2010Call received  rec'd a phone call from an atty (no name or number) inquiring the status of this case.  He said that Mr. Drake complained to him that the Pro Bono program did not treat him right because they never got back with him about his case. The atty who called is not part of the Pro Bono prog. but said he was interested in the case.  This atty stated that he would not be filing anything at this point since nothing was currently pending, but if the Court were to request something he might file a notice of appearance.
07/07/2010Document received (See Remarks)  Mr. Eric Drake CC'd letter to Court confirming his want for participation in the pro bono program (1).
05/27/2010Referral to Pro Bono Program - Letter sent to All Counsel of Record and Program Liason  Referral to Pro Bono Program letter sent to pro se, cousel of record, and program liason (Marcy Hogan Greer)
05/19/2010Phone call from Clerk's Office  to Mr. Hovnatanian.  RE: to enforce SC order 10-9065 (e-copies of docs);   s/w his assistant and she will send us an email copy of the reply today.
05/12/2011Case Stored  Row 19 B2
05/10/2011Record returned to Court of Appeals  Record returned to the Court of Appeals
05/09/2011Notice sent to Court of Appeals  Certified copy of notice sent to the Court of Appeals  
05/07/2010Reply to Response  Reply to Response to Petition for Review. On behalf of Alice Andrews. (12)
04/30/2010Response to Petition  Response to Petition for Review. On behalf of Eric Drake. (12)
04/29/2011Motion for Rehearing - DisposedDenied
04/08/2010Motion for Extension of Time disposed.Filing granted Response is due no later than 3pm, May 3, 2010.  further requests will be disfavored.
04/08/2010Phone call from Clerk's Office  Spoke with Mr. Hovnatanian in regards to the motion to extend time.  He said that he was not opposed to the motion.
04/07/2010Amendment to Motion filed   Amended m/e/t to file response to pet/rev. On behalf of Eric Drake. (5)
04/01/2010Notice requesting filing fee  Requested fee for motion.
04/01/2010Motion for Extension of Time to File Response  Motion for extension of time to file response (5) filed on behalf of Eric Drake.
03/26/2010Call received  Mr. Drake informed the Court that he will be filing a motion for extension of time.
03/22/2011Case forwarded to Court 
03/17/2011Motion for Rehearing  Petitioner's Motion for Rehearing filed on behalf of Alice Andrews. (2)
03/11/2010Supreme Court of Texas Requested Response  Requested response to petition for review due n/l/t 3:00 p.m. on 4/12/10; mlbx rule d/n/a
02/25/2011Petition for Review disposedDenied
01/18/2011Motion for Extension of Time disposed.Filing granted Petitioner's motion for extension of time to file reply brief on the merits granted.  Reply brief filed 1/18/11.
01/18/2011Reply Brief  Reply brief on the merits (12) filed on behalf of Alice Andrews.
01/12/2010Case forwarded to Court 
01/06/2011Phone call from Clerk's Office  to Mr. Drake.  RE: to inquire whether he is opposed or not to Petitioner's Motion to Extension.  Per Mr. Drake, he does oppose the motion and a response will be filed..
01/06/2011Motion to Extend Time to File Reply filed  Motion for a 12-Day Extension of Time to file Reply Brief on the Merits. On behalf of Alice Andrews. (2)
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
05/12/2011Case StoredCase stored.Row 19 B2
Parties
Party▲▼Party Type▲▼Representative▲▼
Drake, EricRespondentMr. Spencer P. Browne
Mr. Daniel Morales
Mr. Eric Drake
Mr. Robert E. Goodman Jr.
Mr. William Tony Owens
Sifuentes, CarmenOther interested party Ms. Carmen Sifuentes
Andrews, AlicePetitionerMr. Levon G. Hovnatanian
Mr. Christopher W. Martin
Ms. Jessica Stettler
Mr. Gregory L. Griffith
Court of Appeals Information:
Reverse & Remand [duplicate 1] 
294 SW3d 370, 08-17-09 
5th Court of Appeals 
Honorable Kerry P. FitzGerald 
Trial Court Information
68th District Court 
Dallas 
Honorable Martin Jerome Hoffman 
06-04497-C