Supreme Court

Case: 10-0150    
10-0150
03/03/2010
Petition for Review/Cause under Rule 53.1
ECOM REAL ESTATE MANAGEMENT, INC. 
THE CITY OF MIDLOTHIAN, TEXAS 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
09/09/2010Brief on the MeritsRespondent Respondent The City of Midlothian, Texas's Brief on the Merits. (12)
08/20/2010Brief on the MeritsPetitioner Petitioner's Brief on the Merits. On behalf of ECOM Real Estate Management, Inc. (12)
05/17/2010Response to PetitionRespondent Response to petition (12) filed on behalf of The City of Midlothian, Texas.
03/29/2010Appendix FiledPetitioner attached to petition
03/29/2010Petition for ReviewPetitioner Petition appendix attached (12) filed on behalf of ECOM Real Estate MGMT, Inc.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/08/2011Case Stored  G02 Row 20 J-3
11/14/2011Mandate issued  Mandate & Cost Bill Issued
11/08/2011Court approved judgment sent to attorneys of recordIssued
11/08/2011Petition for Review disposedDismissed
11/08/2011Motion to dismiss disposedFiling granted Agreed motion to dismiss appeal
11/08/2011Motion to Abate disposedFiling dismissed as moot Motion to abate dismissed as moot
11/08/2011Motion to dismiss disposedFiling dismissed as moot Respondent's Opposed Motion to Dismiss filed on behalf of City of Midlothian dismissed as moot
11/08/2011Motion to dismiss  E-FILED  Agreed Motion to Dismiss Appeal filed on behalf of Petitioner ECOM Real Estate Management, Inc. and Respondent The City of Midlothian.
11/08/2011Call received  Call received from petitioner attorney Erin Dwyer's office letting the Court know that an Agreed Motion to Dismiss will be filed shortly due to settlement.
11/07/2011Phone call from Clerk's Office  Call made to parties to inform them that agreed motion to postpone oral argument was denied; oral argument remains set for 11/9/11; opposed motion to dismiss remains pending before this Court.
11/07/2011Miscellaneous motion disposed. See Remarks.Denied Agreed Motion to Postpone Oral Argument denied
11/04/2011Miscellaneous Motion  E-FILED  Agreed Motion to Postpone Oral Argument INCORPORATED WITH RESPONSE TO MOTION TO DISMISS filed on behalf of ECOM Real Estate MGMT.
11/04/2011Response to Motion filed  E-FILED  Response to Motion to Dismiss filed on behalf ECOM Real Estate Mgmt.
11/03/2011Phone call from Clerk's Office  Call made to Erin Dwyer requesting response to motion to dismiss due 11/5/11 at 4 p.m.
11/03/2011Supreme Court of Texas Requested Response  Requested response to respondent's motion to dismiss due no later than 4:00 p.m. on 11/4/11.
10/28/2011Call received  Mr. Dwyer informed the Court that the response would be filed by 2PM on November 7, or earlier if possible.
10/27/2011Motion to dismiss  E-FILED  Opposed Motion to Dismiss filed on behalf of City of Midlothian. (HARD COPIES REC'D)
09/16/2011Submission resetCase set for oral argument Set for oral argument set for 11/9/11; time allotted to argue:  20/20 minutes
09/16/2011Miscellaneous motion disposed. See Remarks.Denied "request for extension of Court's postponement of oral argument," being treated as motion to postpone oral argument, denied
09/13/2011Phone call from Clerk's Office  Call made to attorney Carvan Adkins for filing fee of request to postpone oral argument (stated in status report filed on 9/1/11); left voicemail with assistant Diane.
09/01/2011Miscellaneous Motion  "Request for extension of Court's postponement of oral argument," being treated as motion to postpone oral argument, incorporated within Status Report filed 9/1/11.
09/01/2011Status report filed  E-FILED  Status Report regarding postponement of oral argument filed on behalf of The City of Midlothian, Tex. (HARD COPIES REC'D)
06/10/2011Status Report requested  The Supreme Court filed on June 7, 2011 a status report informing this Court that parties have not yet settled.  Parties must file a third status report due to be filed in this office on or before September 1, 2011.  PLEASE NOTE TEX. R. APP. P. 9.2(b), does not apply.  
06/07/2011Status report filed  Status Report regarding postponement of oral argument filed on behalf of The City of Midlothian, Tex. (3)
02/25/2011Status Report requested  The Supreme Court filed on February 9, 2011 a status report informing this Court that parties have not yet settled.  Parties must file a second status report due to be filed in this office on or before June 7, 2011.  PLEASE NOTE TEX. R. APP. P. 9.2(b), does not apply.  
02/09/2011Status report filed  Status Report regarding postponement of oral argument (12) filed on behalf of The city of Midlothian, Tex.
02/08/2011Phone call from Clerk's Office  Call made to attorney David Ritter to find out the status of the status report regarding postponement of oral argument he called our Court about on 2/3/11; left voicemail
02/03/2011Call received  From Mr. David Ritter, atty for respondents, in re:  status report in re postponment of oral argument.  The status report will be sent out tomorrow.
12/06/2010Phone call from Clerk's Office  Call made to parties regarding agreed motion to postpone oral argument; motion granted
12/06/2010Miscellaneous motion disposed. See Remarks.Filing granted Agreed Motion to Postpone Oral Argument granted; The parties must provide this Court with a status report no later than February 4, 2011 if the case has not settled.
12/03/2010Phone call from Clerk's Office  Spoke with Mr. Dwyer.  He informed the Court that the respondent paid for the motion, and that he will request that the respondent submit the motion in electronic format.
12/03/2010Miscellaneous Motion  Agreed motion to postpone oral argument pursuant to TRAP 10.5(c) (2) filed on behalf of Ecom Real Estate Mgmt., and City of Midlothian.
11/22/2010Oral Argument Submission Form from Attorney received  Oral argument submission form submitted by respondent attorneys Carvan E. Adkins or David T. Ritter of Taylor, Olson, Adkins, Sralla & Ellam, LLP of Fort Worth
11/03/2010Oral Argument Submission Form from Attorney received  Oral argument submission form submitted by petitioner attorney A. Erin Dwyer of Figari & Davenport, LLP of Dallas
10/22/2010Case set for oral argumentCase set for oral argument Set for oral argument on 12/9/10 @ 9:00 a.m.; time allotted to argue:  20/20 minutes
10/22/2010Petition for Review granted 
10/22/2010Petition for Review disposedFiling granted
09/09/2010Brief on the Merits  Respondent The City of Midlothian, Texas's Brief on the Merits. (12)
09/02/2010Response to Motion filed  Petitioner's(Ecom Real Estate Management, Inc) response to City of Midlothian's motion to abate appeal.  (orig & 1)
08/25/2010Phone call from Clerk's Office  replied via email to Robin Lloyd, Petitioner's Counsel Legal Assistant, to inform her that she needs to resubmit the electronic copy of petitioner's brief on the merits.  I explained that it needs to be an unscanned and searchable version.
08/24/2010Call received  From Ms. Erin Dwyer's office (Figari & Davenport) to inform the Court that they will be filing a response to the mo/abate filed by respondents.
08/23/2010Motion to Abate filed  The City of Midlothian, Texas' Motion to Abate. (3)
08/20/2010Brief on the Merits  Petitioner's Brief on the Merits. On behalf of ECOM Real Estate Management, Inc. (12)
07/09/2010Motion for Extension of Time disposed.Filing granted Petitioner's brief is due no later than 3pm, August 20, 2010.  Respondent's brief is due no later than 3pm, September 9, 2010.  Reply brief is due no later than 3pm, September 24, 2010.  further requests will be disfavored. mailbox rule does not apply.
07/08/2010Motion for Extension of Time to File Brief filed  Unopposed motion for extension of time to file Petitioner's Brief on the Merits. On behalf of Ecom Real Estate Management, Inc. (2)
07/07/2010Case Record Filed   INVENTORY IN MAIN REMARKS SECTION
06/28/2010Record Requested in Case 
06/25/2010Brief on the Merits Ordered  Brief on the merits requested:  Pet brief due no later than 3:00 p.m. on 7/26/10; Resp brief due 8/16/10; Reply brief due 8/31/10; mailbox rule does not apply
05/17/2010Response to Petition  Response to petition (12) filed on behalf of The City of Midlothian, Texas.
04/15/2010Supreme Court of Texas Requested Response  Requested response to petition for review due n/l/t 3:00 p.m. on 5/17/10; mlbx rule d/n/a
04/06/2010Case forwarded to Court 
04/02/2010Response Waiver filed  Response waiver (6) filed on behalf of The City of Midlothian, Texas.
03/30/2010Phone call from Clerk's Office  Requested electronic copy of petition and appendix.
03/29/2010Appendix Filed  attached to petition
03/29/2010Petition for Review  Petition appendix attached (12) filed on behalf of ECOM Real Estate MGMT, Inc.
03/04/2010Motion for Extension of Time to File Petition for Review disposedFiling granted M/e/t to file pet/rev is granted.  Pet/rev is due March 29, 2010
03/03/2010Motion for Extension of Time to File Petition for Review filed  PET's unopposed motion for extension of time to file petition for review (3) filed on behalf of ECOM Real Estate MGMT, Inc.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
12/08/2011Case StoredCase stored.G02 Row 20 J-3
Parties
Party▲▼Party Type▲▼Representative▲▼
ECOM Real Estate Management, Inc.PetitionerMr. A. Erin Dwyer
Mr. Andrew P. Speicher
The City of Midlothian, TexasRespondentMr. Ralph Wade 'Wade' Adkins
Mr. Frederick Wayne 'Fritz' Quast
Mr. Carvan E. Adkins
Mr. Wayne K. Olson
Mr. David Thomas Ritter
Court of Appeals Information:
Reversed & Rendered 
___ SW3d ___, 01-27-10 
10th Court of Appeals 
Honorable Felipe Reyna 
Trial Court Information
40th District Court 
Ellis 
Honorable Gene Knize 
68846