Supreme Court

Case: 10-0126    
10-0126
02/22/2010
Petition for Review under Tex. R. App. P. 53.1
MICROTHERM, INC. AND DAVID E. SEITZ 
DANA CORPORATION 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
12/09/2010Reply BriefEvent related to subsequent petition filed in case. Reply brief on the merits (12) filed on behalf of Dana Corp.
12/09/2010Reply BriefEvent related to first petition filed in case. Petitioner 1 Microtherm, Inc., et al.'s Reply Brief on the Merits. (12)
11/24/2010Brief on the MeritsRespondent Respondent, Dana Corp., brief on the merits. (orig & 11)
11/18/2010Brief on the MeritsRespondent Brief on the merits (12) filed on behalf of Microtherm and David Seitz.
10/29/2010Brief on the MeritsEvent related to subsequent petition filed in case. Petitioner #2 Dana Corporation's Brief on the Merits. (12)
10/29/2010Brief on the MeritsEvent related to first petition filed in case. Petitioner #1 Microtherm and David E. Sietz' Brief on the Merits. (12)
06/25/2010Reply to ResponseEvent related to subsequent petition filed in case. Petitioner 2's, Dana Corporation, reply in support of its petition for review. (12)
05/19/2010Response to PetitionEvent related to first petition filed in case. Response to Dana Corporation's Conditional Petition for Review. On behalf of Cross-Respondent/Petitioner #1, Microtherm, Inc. (12)
04/26/2010Appendix FiledEvent related to subsequent petition filed in case. attached to petition
04/26/2010Petition for Review #2Event related to subsequent petition filed in case. Petition for review (12) filed on behalf of DANA Corp.
04/02/2010Reply to ResponseEvent related to first petition filed in case. Reply to petition (12) filed on behalf of Microtherm, Inc.
03/25/2010Response to PetitionRespondent Response to petition (12) filed on behalf of Dana Corporation.
02/22/2010Appendix FiledPetitioner attached to petition
02/22/2010Petition for ReviewPetitioner PFR appendix attached (12) filed on behalf of Microtherm, Inc.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/09/2010Reply Brief  Reply brief on the merits (12) filed on behalf of Dana Corp.
12/09/2010Phone call from Clerk's Office  sent reply email to Ms. Samora.  RE: to request the email copy of Microtherm's Reply Brief.
12/09/2010Reply Brief  Petitioner 1 Microtherm, Inc., et al.'s Reply Brief on the Merits. (12)
11/24/2010Brief on the Merits  Respondent, Dana Corp., brief on the merits. (orig & 11)
11/18/2010Brief on the Merits  Brief on the merits (12) filed on behalf of Microtherm and David Seitz.
11/17/2010Motion for Extension of Time disposed.Filing granted Pet#2 Dana Corporation's unopposed motion for extension of time to file respondent brief on the merits granted.  Respondent brief due no later than 3:00 p.m. on 11/24/10; Reply brief due 12/9/10; mailbox rule does not apply.  Further requests for extensions of time will be disfavored.
11/16/2010Motion for Extension of Time to File Brief filed  Unopposed motion for extension of time to file Respondent Dana Corporation's Brief on the Merits. (2)
10/29/2010Brief on the Merits  Petitioner #2 Dana Corporation's Brief on the Merits. (12)
10/29/2010Brief on the Merits  Petitioner #1 Microtherm and David E. Sietz' Brief on the Merits. (12)
10/15/2010Corrected Notice sent to all counsel  Corrected letter sent as per Blake's conversation with Mr. Hogan on 11/14.  Petitioner's brief is due 10/29/10; Respondent's brief is due 11/18/10; Reply brief is due 12/3/10.
10/14/2010Call received  BH spoke to attorneys Hogan and Samora.  An error was made in the letter granting the joint motion for extension of time to file petitioners' brief.  The letter gave a deadline of October 29, 2010.  But the website correctly stated October 20, 2010.  The parties assumed the date in the letter was corrrect.  When they noticed the discrepancy and called the clerk's office, the clerk's office sent a corrected letter stating the date was actually October 20, 2010.  BH stated that the deadline would be 10/29/10.
10/11/2010Corrected Notice sent to all counsel  Letter sent correcting the due date for Petitioner's Brief on the Merits.  Original letter stated that brief was due on 10/29 but should have said 10/20.   The other due dates were correct.
09/13/2010Case Record Filed   INVENTORY IN MAIN REMARKS SECTION
09/08/2010Motion for Extension of Time disposed.Filing granted Petitioners' briefs are due no later than 3pm, 10/20/10;  Respondents' briefs are due no later than 3pm, 11/9/10; Replies are due no later than 3pm, 11/24/10; further requests will be disfavored.  mailbox rule does not apply.
09/07/2010Motion for Extension of Time to File Brief filed  JOINT motion for extension of time to file Petitioners' Briefs on the Merits. On behalf of Pet 1 Microtherm, Inc., et al. AND Pet 2 Dana Corporation. (3)
08/23/2010Record Requested in Case 
08/20/2010Brief on the Merits Ordered  Brief on the merits requested:  Pet brief due no later than 3:00 p.m. on 9/20/10; Resp brief due 10/11/10; Reply brief due 10/26/10; mailbox rule does not apply
07/18/2011Case Stored  G02 Exhibit Room N - 2 & 4 (3 vols + 6bxs)
06/25/2010Reply to Response  Petitioner 2's, Dana Corporation, reply in support of its petition for review. (12)
06/14/2011Mandate issued  Mandate & Cost Bill Issued
05/28/2010MET to file reply disposed ofFiling granted Dana Corporation's reply is due June 24, 2010.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
05/27/2010Motion to Extend Time to File Reply filed  Unopposed motion for extension of time to file Reply in support of Conditional Petition for Review (#2). On behalf of Dana Corporation. (3)
05/19/2010Response to Petition  Response to Dana Corporation's Conditional Petition for Review. On behalf of Cross-Respondent/Petitioner #1, Microtherm, Inc. (12)
04/27/2010Case forwarded to Court 
04/27/2010Case forwarded to Court 
04/26/2010Appendix Filed  attached to petition
04/26/2010Petition for Review #2  Petition for review (12) filed on behalf of DANA Corp.
04/15/2011Court approved judgment sent to attorneys of recordIssued
04/15/2011Petition for Review disposedPetition granted motion under TRAP 56.3
04/15/2011Petition for Review disposedPetition granted motion under TRAP 56.3
04/15/2011Motion to dismiss disposedFiling granted Joint Motion to Dismiss granted
04/12/2011Motion to dismiss  Joint Motion to Dismiss (2) filed on behalf of Microtherm, Inc, David Seitz, and Dana Corp.
04/02/2010Reply to Response  Reply to petition (12) filed on behalf of Microtherm, Inc.
03/25/2010Response to Petition  Response to petition (12) filed on behalf of Dana Corporation.
03/23/2010Motion for Extension of Time to File Petition for Review disposedFiling granted Dana Corp's motion to extend time to file petition for review is granted.   The petition is due April 23, 2010.
03/22/2010Motion for Extension of Time to File Petition for Review #2 filed  Unopposed motion for extension of time to file cross-petition for review (3) filed on behalf of Dana Corp.
03/19/2010Description of document returned to Supreme Court  Postcard to Mr. Peter Blute, atty. for respondent, Dana Corporation.  Address was updated on 3/2/10.
02/22/2010Appendix Filed  attached to petition
02/22/2010Petition for Review  PFR appendix attached (12) filed on behalf of Microtherm, Inc.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/18/2011Case StoredCase stored.G02 Exhibit Room N - 2 & 4 (3 vols + 6bxs)
Parties
Party▲▼Party Type▲▼Representative▲▼
Dana CorporationRespondentMs. Melissa J. Armstrong
Ms. Jennifer Bruch Hogan
Mr. Peter Blute
Mr. Richard P. Hogan Jr.
Mr. Matthew E. Coveler
Mr. Thomas Phillips
Mr. Frank Costilla
Microtherm, Inc.PetitionerMr. Denman H. Heard
Ms. Marie R. Yeates
Mr. Harry M. Reasoner
Mr. Steve A. Bryant
Ms. Gwen J. Samora
Ms. Penelope E. Nicholson
Court of Appeals Information:
AFF'D/ REV'D & REMANDED 
___ SW3d ___, 01-21-10 
13th Court of Appeals 
Honorable Nelda V. Rodriguez 
Trial Court Information
357th District Court 
Cameron 
Honorable Leonel Alejandro 
2002-03-000933-E