Supreme Court

Case: 10-0318    
10-0318
05/06/2010
Petition for Review/Cause under Tex. R. App. P. 59.1
ETAN INDUSTRIES, INC. AND ETAN INDUSTRIES, INC., D/B/A CMA CABLEVISION AND/OR CMA COMMUNICATIONS 
RONALD LEHMANN AND DANA LEHMANN 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
02/17/2012Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Ronald and Dana Lehmann. (2)
05/27/2011Reply BriefPetitioner E-FILED: Reply Brief on the Merits filed on behalf of Etan Industries, Inc., et al.  HARD COPIES RECEIVED
05/11/2011Appendix FiledRespondent Appendix to respondent's brief on the merits filed on behalf of Ronald and Dana Lehmann. (orig & 11)
05/11/2011Brief on the MeritsRespondent Respondent's brief on the merits filed on behalf of Ronald and Dana Lehmann. (orig & 11)
02/16/2011Brief on the MeritsPetitioner Petitioner's brief on the merits filed on behalf of Ethan Industries, Inc., et al. (orig & 11)
08/30/2010Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Texas Cable Association in support of petition (12) submitted by D. Gibson Walton, Hogan Lovells US LLP, Houston, TX 77002, Tel. 713-632-1400.
08/25/2010Response to PetitionRespondent Response to Petition for Review. On behalf of Ronald Lehmann. (12)
06/09/2010Appendix FiledPetitioner attached to petition
06/09/2010Petition for ReviewPetitioner Petition appendix attached (12) filed on behalf of Etan Industries, Inc.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/29/2010Phone call from Clerk's Office  Call made to petitioner attorney, Leslie Robnett, letting her know the motion is granted for 30 days not 45 days per request; brief due 2/9/11; left voicemail.
12/29/2010Motion for Extension of Time disposed.Filing granted First motion for extension of time to file brief on the merits granted.  Petitioner's brief due no later than 3:00 p.m. on 2/9/11; Response brief due 3/1/11; Reply brief due 3/16/11; mailbox rule does not apply. Further requests for extension of time will be disfavored.
12/27/2010Certification (various) in case received  Certificate of Conference of petitioner's motion for extension of time to file brief on the merits. Attached it to original motion.  On behalf of Etan Industries, Inc., et al. (1)
12/21/2010Motion for Extension of Time to File Brief filed  Motion for extension of time to file Petitioner's Brief on the Merits. On behalf of Etan Industries, Inc., et al. (2)
12/20/2010Case Record Filed   INVENTORY IN MAIN REMARKS SECTION
12/16/2011Court approved judgment sent to attorneys of recordIssued
12/16/2011Opinion issuedCourt of Appeals' judgment reversed & judgment rendered
12/16/2011Petition for Review granted under TRAP 59.1 
12/16/2011Petition for Review disposedPetition granted pursuant to TRAP 59.1
12/10/2010Record Requested in Case 
12/10/2010Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief on the merits due no later than 3:00 p.m. on 1/10/11; Response brief due 1/31/11; Reply brief due 2/15/11; mailbox rule does not apply
10/25/2010Referral 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)
08/30/2010Amicus Curiae Brief received  Amicus Brief of Texas Cable Association in support of petition (12) submitted by D. Gibson Walton, Hogan Lovells US LLP, Houston, TX 77002, Tel. 713-632-1400.
08/25/2010Response to Petition  Response to Petition for Review. On behalf of Ronald Lehmann. (12)
08/03/2010Call received  Ms. Karen Piotrowski informed the Court that Mr. Roesch no longer represents respondents, and did not in the Court of Appeals.  She asked that we send notice to Dana Lehmann.
07/29/2010Supreme Court of Texas Requested Response  Requested response to petition for review due no later than 3:00 p.m. on 8/30/10; mailbox rule does not apply
07/27/2011Correction filed (See Remarks)  Corrected letter from Mr. Edward D. Burbach in re:  lead counsel notice. (orig)
07/26/2011Designation of Lead Counsel   Mr. Edward Burbach's notice of lead counsel but is missing signature of former lead attorney.  Requested a corrected lead counsel notice.
07/13/2010Case forwarded to Court 
06/09/2010Appendix Filed  attached to petition
06/09/2010Petition for Review  Petition appendix attached (12) filed on behalf of Etan Industries, Inc.
05/27/2011Reply Brief  E-FILED: Reply Brief on the Merits filed on behalf of Etan Industries, Inc., et al.  HARD COPIES RECEIVED
05/11/2011Appendix Filed  Appendix to respondent's brief on the merits filed on behalf of Ronald and Dana Lehmann. (orig & 11)
05/11/2011Brief on the Merits  Respondent's brief on the merits filed on behalf of Ronald and Dana Lehmann. (orig & 11)
05/11/2010Motion for Extension of Time to File Petition for Review disposedFiling granted Petition is due June 9, 2010
05/11/2010Phone call from Clerk's Office  2ND CALL MADE to Mr. & Mrs. Lehmann.  RE: to inquire whether they're going to file a response to petitioner's motion or not.  Nor Mr. or Mrs. Lehmann answered the phone.  No personal voice mail system available.
05/07/2010Phone call from Clerk's Office  to Mr. & Mrs. Lehmann.  RE: to inquire whether they're going to file a response to petitioner's motion or not.  Nor Mr. or Mrs. Lehmann answered the phone.  No personal voice mail system available.
05/06/2010Motion for Extension of Time to File Petition for Review filed  Motion for extension of time to file Petition for Review. On behalf fo Etan Industries, Inc., et al. (2)
04/12/2011Motion for Extension of Time disposed.Filing granted Unopposed motion for extension of time to file brief on the merits granted.  Response brief due no later than 3:00 p.m. on 5/12/11; Reply brief due 5/27/11; mailbox rule does not apply if filing by paper.  No further extensions of time will be considered.
04/08/2011Motion for Extension of Time to File Brief filed  Unopposed motion for extension of time to file brief on the merits (2) filed on behalf of  Ronald Lehmann.
04/05/2012Case Stored  G02 Row 20 E-1 (5 vols)
03/30/2012Mandate issued  Mandate & Cost Bill Issued
03/30/2012Motion for Rehearing - DisposedDenied
03/07/2011Motion for Extension of Time disposed.Filing granted Unopposed motion for extension of time to file brief on the merits granted.  Response brief due no later than 3:00 p.m. on 4/12/11; Reply brief due 4/27/11; mailbox rule does not apply. Further requests for extensions of time will be disfavored.
03/03/2011Motion for Extension of Time to File Brief filed  Unopposed motion for extension of time to file Brief on the Merits. On behalf of Respondent Ronald Lehmann. (2)
02/17/2012Case forwarded to Court 
02/17/2012Motion for Rehearing  Motion for Rehearing filed on behalf of Ronald and Dana Lehmann. (2)
02/16/2011Brief on the Merits  Petitioner's brief on the merits filed on behalf of Ethan Industries, Inc., et al. (orig & 11)
02/10/2011Motion for Extension of Time disposed.Filing granted Unopposed second motion for extension of time to file brief on the merits granted.  Petitioner's brief due no later than 3:00 p.m. on 2/16/11; Response brief due 3/8/11; Reply brief due 3/23/11; mailbox rule does not apply.  Further requests for extensions of time will be disfavored.
02/07/2011Motion for Extension of Time to File Brief filed  Unopposed second motion for extension of time to file brief (2) filed on behalf of Etan Industries Inc.
02/06/2012Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time is granted.  Motion for Rehearing is due February 21, 2012.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
02/01/2012Response to Motion filed  E-FILED  Response to Respondents' Second Motion for Extension of Time to file Motion for Rehearing. On behalf of Etan Industries, Inc., et al. (HARD COPIES REC'D)
01/31/2012Phone call from Clerk's Office  Left message for Mr. Burbach.  Requested whether or not a response will be filed to the Second Motion for Extension of Time to file Motion for Rehearing.
01/31/2012Motion for Extension of Time to File Motion for Rehearing  Motion for Extension of Time to File Motion for Rehearing filed on behalf of Ronald and Dana Lehmann.
01/09/2012Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time is granted.  Motion for Rehearing is due February 1, 2012.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
01/06/2012Notice requesting filing fee  Send fee request to respondent for the Motion for Extension to file Rehearing fee.
01/05/2012Motion for Extension of Time to File Motion for Rehearing  SCANNED  Motion for Extension of Time to file Motion for Rehearing filed on behalf of Ronald Lehmann.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
04/05/2012Case StoredCase stored.G02 Row 20 E-1 (5 vols)
Parties
Party▲▼Party Type▲▼Representative▲▼
Lehmann, DanaRespondentMr. Max E. Roesch
Mrs. Dana Lehmann
Nathan Industries, Inc.PetitionerMr. Edward D. Burbach
Ms. Karen Ann Delaney
Ms. Leslie Ritchie Robnett
Mr. C. E. Clover Jr.
Texas Cable AssociationAmicus CuriaeMr. D. Gibson Walton
Lehmann, RonaldRespondentMr. Max E. Roesch
Mr. Ronald Lehmann
Court of Appeals Information:
Affirmed [duplicate 1] 
308 SW3d 489, 03-26-10 
3rd Court of Appeals 
Honorable Jan P. Patterson 
Trial Court Information
21st District Court 
Lee 
Honorable William J. 'Terry' Fleniken 
13,010