Supreme Court

Case: 10-0316    
10-0316
05/05/2010
Petition for Review/Cause under Rule 53.1
CITY OF AUSTIN 
HARRY M. WHITTINGTON, ET AL. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
11/27/2012Response to Motion for RehearingRespondent Response to Motion for Rehearing filed on behalf of Harry M. Whittington.
10/16/2012Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Harry M. Whittington, et al.
11/08/2011Fully hyperlinked brief filedReceived (instead of filed) HYPERLINKED COPY of Respondent's Brief on the Merits filed on behalf of Harry M. Whittington, et al. originally filed on 11-19-10.
05/19/2011Response to Amicus Curiae Brief filedRespondent E-FILED  Response to Amicus Curiae Brief of Clear Lake City Water Authority.
01/24/2011Amicus Curiae Brief receivedReceived (instead of filed) Amicus curiae brief on behalf of Clear Lake City Water Authority submitted by Ramon G. Viada, III, 17 Swallow Tail Court, Suite 100, The Woodlands, TX.  77381,  Phone (281) 419-6338, Fax (281) 419-8137.  (orig & 11)
01/10/2011Response to Amicus Curiae Brief filedPetitioner City of Austin's response to Texas Farm Bureau's amicus curiae brief.  (orig & 11)
01/06/2011Amicus Curiae Brief receivedReceived (instead of filed) Amicus curiae brief on behalf of Texas Farm Bureau, submitted by Mr. Douglas G. Caroom, Bickerstaff Heath Delgado & Acosta LLP, 3711 S. MoPac Expwy., Suite 300, Bldg. One, Austin, TX.  78746,  Phone (512) 472-8021, Fax (512) 320-5638.  (orig & 11)
12/16/2010Reply BriefPetitioner Reply Brief on the Merits filed on behalf of City of Austin. (12)
11/19/2010Brief on the MeritsRespondent Respondent's brief on the merits.  On behalf of Harry M. Whittington, et al. (orig & 11)
09/30/2010Brief on the MeritsPetitioner Petitioner's brief on the merits.  On behalf of City of Austin.  (orig & 11)
06/21/2010Reply to ResponsePetitioner Reply to Response to Petition for Review. On behalf of City of Austin. (12)
06/03/2010Response to Amicus Curiae Brief filedRespondent Response to brief of amicus brief INCORPORATED with response to petition for review filed on behalf of Harry M. Whittington, et al. (orig & 11)
06/03/2010Response to PetitionRespondent Response to petition for review and response to brief of amici curiae INCORPORATED filed on behalf of Harry M. Whittington, et al. (orig & 11)
05/27/2010Amicus Curiae Brief receivedReceived (instead of filed) Amicus curiae brief on behalf of Texas Municipal League, Texas City Attorneys Association and Texas Association of Counties in support of petitioner's pet/review, submitted by Ms. Lauren Ford Crawford, Texas Municipal League, 1821 Rutherford Lane, Suite 400, Austin, Tx.  78754, Phone (512) 231-7400, Fax (512) 231-7490. (orig & 11)
05/11/2010Supplemental appendix Petitioner Supplemental Appendix to Petition for Review (includes 3rd Court of Appeals' Judgment).  On behalf of City of Austin. (12)
05/10/2010Appendix FiledPetitioner Appendix attached to Petition for Review.
05/10/2010Petition for ReviewPetitioner On behalf of City of Austin. (12)
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/18/2012Case Stored  G02 Row 21 D-1 (7 vols)
12/16/2010Reply Brief  Reply Brief on the Merits filed on behalf of City of Austin. (12)
12/14/2012Mandate issued  Mandate & Cost Bill Issued
12/14/2012Motion for Rehearing - DisposedDenied with Justice not sitting.
12/06/2011Oral argument   argued on behalf of petitioner by Renea Hicks; argued on behalf of respondents by John J. McKetta III
11/27/2012Response to Motion for Rehearing  Response to Motion for Rehearing filed on behalf of Harry M. Whittington.
11/24/2010Motion for Extension of Time disposed.Filing granted Unopposed motion for extension of time to file reply brief granted. Reply brief due no later than 3:00 p.m. on 12/16/10; mailbox rule does not apply.  No further requests for extensions of time will be considered.
11/19/2010Motion for Extension of Time to File Brief filed  Unopposed motion for 10-day extension of time to file Reply Brief on the Merits. On behalf of City of Austin. (2)
11/19/2010Brief on the Merits  Respondent's brief on the merits.  On behalf of Harry M. Whittington, et al. (orig & 11)
11/13/2012Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time is granted.  Response to Motion for Rehearing is due November 27, 2012.
11/13/2012Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Motion for Rehearing filed on behalf of the City of Austin.
11/08/2011Fully hyperlinked brief filed  HYPERLINKED COPY of Respondent's Brief on the Merits filed on behalf of Harry M. Whittington, et al. originally filed on 11-19-10.
11/02/2012Supreme Court of Texas Requested Response  Requested response to motion for rehearing due no later than 11/19/12.
10/16/2012Case forwarded to Court 
10/16/2012Motion for Rehearing  Motion for Rehearing filed on behalf of Harry M. Whittington, et al.
10/15/2010Motion for Extension of Time disposed.Filing granted Respondent's brief is due no later than 3pm, November 19, 2010.  Reply brief is due no later than 3pm, December 6, 2010.  further requests will be disfavored.  mailbox rule does not apply.
10/13/2010Motion for Extension of Time to File Brief filed  Unopposed motion for extension of time to file brief (2) filed on behalf of Harry Whittington, et al.
09/30/2010Brief on the Merits  Petitioner's brief on the merits.  On behalf of City of Austin.  (orig & 11)
09/11/2012Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion to Extend Time to file Rehearing granted. Motion for Rehearing is due October 16, 2012. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
09/08/2010Motion for Extension of Time disposed.Filing granted Petitioner's brief is due no later than 3pm, September 30, 2010.  Respondent's brief is due no later than 3pm, October 20, 2010.  Reply brief is due no later than 3pm, November 4, 2010.  mailbox rule does not apply.  further requests will be disfavored
09/06/2012Motion for Extension of Time to File Motion for Rehearing  Respondents Harry Whittington, et al.'s Unopposed Motion to Extend Time to file Motion for Rehearing.
09/03/2010Motion 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 City of Austin. (2)
08/31/2012Court approved judgment sent to attorneys of recordIssued
08/31/2012Concurring and Dissenting Opinion deliveredIssued Justice Hecht delivered an opinion concurring in part and dissenting in part, in which Justice Willett joined.
08/31/2012Opinion issuedCourt of Appeals' judgment reversed; cause remanded to trial court Justice Guzman delivered the opinion of the Court, in which Chief Justice Jefferson,  Justice Wainwright, Justice Medina, Justice Green, Justice Johnson and Justice Lehrmann joined.
08/26/2010Case Record Filed   INVENTORY IN MAIN REMARKS SECTION
08/24/2010Record 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
08/19/2011Submission resetCase set for oral argument Oral argument reset for 9:00 a.m. on 12/6/11; time allotted to argue:  20/20 minutes
08/19/2011Motion to re-set submission date disposedFiling granted Unopposed motion to re-schedule oral argument granted
08/17/2011Oral Argument Submission Form from Attorney received  Oral argument submission form submitted by respondent attorney John J. McKetta, III of Graves Dougherty Henron & Moody, P.C. of Austin, TX
08/11/2011Call received  Call received from petitioner attorney Renea Hicks letting the Court know that he does in fact need to reset oral argument.  
08/10/2011Call received  Call received from petitioner attorney Renea Hicks stating that he may not need to reset oral argument for this cause.  He will let us know this week if he needs to reschedule oral argument for this cause.
08/09/2011Oral Argument Submission Form from Attorney received  Oral submission form submitted by petitioner attorney Renea Hicks of Law Offices of Max Renea Hicks of Austin, TX
08/03/2011Phone call from Clerk's Office  Requested electronic copy that is converted rather than scanned.
08/03/2011Motion to re-set submission date filed.  Unopposed motion to re-schedule oral argument (2) filed on behalf of City of Austin.
07/22/2011Case set for oral argumentCase set for oral argument Set for oral argument on 9:00 a.m. on 9/14/11; Time allotted to argue: 20/20 minutes
06/22/2010MET to file reply disposed ofFiling granted Reply was filed June 21, 2010.
06/21/2010Reply to Response  Reply to Response to Petition for Review. On behalf of City of Austin. (12)
06/17/2010Motion to Extend Time to File Reply filed  Unopposed motion for extension of time to file reply to response to petition for review. On behalf of City of Austin. (2)
06/08/2010Case forwarded to Court 
06/03/2010Response to Amicus Curiae Brief filed  Response to brief of amicus brief INCORPORATED with response to petition for review filed on behalf of Harry M. Whittington, et al. (orig & 11)
06/03/2010Response to Petition  Response to petition for review and response to brief of amici curiae INCORPORATED filed on behalf of Harry M. Whittington, et al. (orig & 11)
05/27/2010Amicus Curiae Brief received  Amicus curiae brief on behalf of Texas Municipal League, Texas City Attorneys Association and Texas Association of Counties in support of petitioner's pet/review, submitted by Ms. Lauren Ford Crawford, Texas Municipal League, 1821 Rutherford Lane, Suite 400, Austin, Tx.  78754, Phone (512) 231-7400, Fax (512) 231-7490. (orig & 11)
05/19/2014Case Stored - stored case location updated  Row 11 G-2
05/19/2011Response to Amicus Curiae Brief filed  E-FILED  Response to Amicus Curiae Brief of Clear Lake City Water Authority.
05/11/2010Supplemental appendix   Supplemental Appendix to Petition for Review (includes 3rd Court of Appeals' Judgment).  On behalf of City of Austin. (12)
05/11/2010Phone call from Clerk's Office  to Mr. Renea Hicks.  RE: to request (12) copies of the Court of Appeals' Judgment and to inform him that he needs to resubmit the electronic copy of petitioner's petition for review.  I explained that it needs to be an unscanned and searchable version. Per Mr. Hicks, he will work on it immediately.
05/10/2010Appendix Filed  Appendix attached to Petition for Review.
05/10/2010Petition for Review  On behalf of City of Austin. (12)
05/06/2010Motion for Extension of Time to File Petition for Review disposedFiling granted Petition is due May 10, 2010
05/05/2010Motion for Extension of Time to File Petition for Review filed  Unopposed motion for extension of time to file Petition for Review. On behalf of City of Austin. (3)
04/15/2011Petition for Review granted 
04/15/2011Petition for Review disposedFiling granted
02/06/2012Case Record Filed   9 volumes of Reporter's record (listed as Exhibit Volumes)
01/24/2011Phone call from Clerk's Office  To Mr. Ramon Viada's office to inform them of the electronic copy of amicus brief received on 1/24/11.  Left message on voice mail for call back.
01/24/2011Amicus Curiae Brief received  Amicus curiae brief on behalf of Clear Lake City Water Authority submitted by Ramon G. Viada, III, 17 Swallow Tail Court, Suite 100, The Woodlands, TX.  77381,  Phone (281) 419-6338, Fax (281) 419-8137.  (orig & 11)
01/10/2011Response to Amicus Curiae Brief filed  City of Austin's response to Texas Farm Bureau's amicus curiae brief.  (orig & 11)
01/06/2011Amicus Curiae Brief received  Amicus curiae brief on behalf of Texas Farm Bureau, submitted by Mr. Douglas G. Caroom, Bickerstaff Heath Delgado & Acosta LLP, 3711 S. MoPac Expwy., Suite 300, Bldg. One, Austin, TX.  78746,  Phone (512) 472-8021, Fax (512) 320-5638.  (orig & 11)
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
05/19/2014Case StoredCase stored.Row 11 G-2
12/18/2012Case StoredCase stored.G02 Row 21 D-1 (7 vols)
Parties
Party▲▼Party Type▲▼Representative▲▼
Clear Lake City Water AuthorityAmicus CuriaeMr. Ramon G. Viada III
Texas Municipal League, Texas City Attorneys Association andAmicus CuriaeMs. Lauren Ford Crawford
City of AustinPetitionerMr. James Michael Oliveros
Ms. Karen M. Kennard
Mr. A.A. Jack Ross IV
Mr. Max Renea Hicks
Ms. Anne L. Morgan
Mr. Howard P. Newton
Mr. David Allan Smith
Whittington, Harry M.RespondentMr. John J. 'Mike' McKetta III
Mr. Robert J. Hearon Jr.
Mr. William G. Christian III
Texas Farm BureauAmicus CuriaeMr. Doug Caroom
Court of Appeals Information:
Aff As Mod 
379 SW3d 278, 02-18-10 
3rd Court of Appeals 
Honorable David E. Puryear 
Trial Court Information
353rd District Court 
Travis 
Honorable Joseph H. Hart 
D-1-GV-07-00942