Supreme Court

Case: 10-0781    
10-0781
09/23/2010
Second Petition for Review/Cause under Rule 53.1
U-HAUL INTERNATIONAL, INC. D/B/A U-HAUL, U-HAUL CO. OF TEXAS, INC. D/B/A U-HAUL OF DALLAS, AND EAST FORK ENTERPRISES, INC. D/B/A JOT 'EM DOWN, INC. 
TALMADGE WALDRIP, BERNICE WALDRIP, DINAH SIMINGTON, AND ANNE WALDRIP-BOYD 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
04/26/2012Post submission brief filedEvent related to first petition filed in case. Petitioners/Cross-Respondents U-Haul International, Inc., et al.'s Post-Submission Letter Brief in Reply to Respondent's Post-Submission Ltr..  
04/05/2012Post submission brief filedRespondent Response to Post-Submission Brief filed on behalf of Talmadge Waldrip, et al.  (HARD COPIES REC'D)
03/02/2012Post submission brief filedEvent related to first petition filed in case. E-FILED  Petitioners/Cross-Respondents U-Haul International, Inc., et al.'s Post-Submission Letter Brief.  (HARD COPIES REC'D)
09/30/2011Reply BriefEvent related to subsequent petition filed in case. E-FILED  Conditional Cross-Petitioners' Reply Brief on the Merits filed on behalf of Talmadge Waldrip, Bernice Waldrip, Dinah Simington, and Ann Waldrip-Boyd.  (HARD COPIES REC'D)
09/12/2011Brief on the MeritsRespondent E-FILED: Combined Reply brief on the Merits and Cross Respondent Response Brief on the Merits filed on behalf of U-Haul International, Inc., et al. (HARD CES REC'D)
09/12/2011Reply BriefEvent related to first petition filed in case. E-FILED: Combined Reply brief on the Merits and Cross Respondent Response Brief on the Merits filed on behalf of U-Haul International, Inc., et al.
09/12/2011Amicus Curiae Brief receivedReceived (instead of filed) E-FILED: Amicus Curiae Brief in Support of Petition for Review filed on behalf of Texas Civil Justice League. Submitted by George S. Christian, Texas Civil Justice League, 400 West 15th Street, Suite 400, Austin, Texas 78701, (512) 791-1429. (HC REC'D)
08/08/2011Brief on the MeritsRespondent E-FILED  Respondent's brief on the merits filed on behalf of Talmadge Waldrip. (HARD COPIES REC'D)
05/31/2011Brief on the MeritsEvent related to first petition filed in case. E-FILED  Petition U-Haul International Inc., et al.'s Brief on the Merits. (HARD COPIES REC'D)
02/24/2011Reply to ResponseEvent related to first petition filed in case. Reply in Support of Petition for Review filed on behalf of Petitioners 1 - Cross-Respondents, U-Haul International, Inc., et al. (3)
02/24/2011Response to PetitionRespondent Response to Petition for Review #2. On behalf of Petitioners 1 - Cross-Respondents, U-Haul International, Inc., et al. (3)
12/27/2010Appendix FiledEvent related to subsequent petition filed in case. appendix attached
12/27/2010Petition for Review #2Petitioner On behalf of Talmadge Waldrip, et al. (12)
12/15/2010Response to Petition  Response to petition (12) filed on behalf of Talmadge Waldrip.
11/15/2010Appendix FiledPetitioner attached to petition
11/15/2010Petition for ReviewPetitioner Petition appendix attached (12) filed on behalf of U-Haul Int'l, Inc.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/30/2010Motion for Extension of Time to File Response  Unopposed motion for extension of time to file Response to Petition for Review #2. On behalf of Petitioners 1 - Cross-Respondents, U-Haul International, Inc., et al. (3)
12/28/2010Case forwarded to Court 
12/27/2010Appendix Filed  appendix attached
12/27/2010Petition for Review #2  On behalf of Talmadge Waldrip, et al. (12)
12/21/2010Case forwarded to Court 
12/19/2012Case Stored  G02 Exhibit Room O-2 (2 vols + 9 boxes)
12/16/2011Case set for oral argumentFiling granted Set for oral argument on 2/8/12; time allotted to argue: 20/20 minutes
12/16/2011Petition for Review granted 
12/16/2011Petition for Review disposedFiling granted
12/16/2011Case set for oral argumentCase set for oral argument Set to argue on 2/8/11; time allotted to argue:  20/20 minutes
12/16/2011Petition for Review granted 
12/16/2011Petition for Review disposedFiling granted
12/16/2010Motion for Extension of Time to File Petition for Review disposedFiling granted Petition is due December 27, 2010
12/15/2010Response to Petition  Response to petition (12) filed on behalf of Talmadge Waldrip.
12/15/2010Motion for Extension of Time to File Petition for Review #2 filed  Unopposed motion for extension of time to file petition (2) filed on behalf of Talmadge Waldrip.
11/17/2010Call received  Mr. Liddle verified that he will receive notice for LawFinance Group, Inc.
11/15/2010Appendix Filed  attached to petition
11/15/2010Phone call from Clerk's Office  Requested who represents LawFinance Group, Inc.  Requested call back from Mr. Ploeger.
11/15/2010Petition for Review  Petition appendix attached (12) filed on behalf of U-Haul Int'l, Inc.
10/12/2012Mandate issued  Mandate & Cost Bill Issued
10/01/2010Motion for Extension of Time to File Petition for Review disposedFiling granted Petitioners' motion for extension of time to file petition for review granted.  Petition due 11/15/10.
09/30/2011Reply Brief  E-FILED  Conditional Cross-Petitioners' Reply Brief on the Merits filed on behalf of Talmadge Waldrip, Bernice Waldrip, Dinah Simington, and Ann Waldrip-Boyd.  (HARD COPIES REC'D)
09/30/2010Call received  From Lisa Hobbs, atty for pet, to inform the Court that respondent's atty, Mr. Ted Lyon, has emailed her to let her know that he is not OPPOSED to the m/e/t and will not be filing a response to it.
09/30/2010Call received  From Mr. Ted Lyon's office:  Spoke to Mr. Lyon, he opposes the motion, but will not be filing a response to it.
09/27/2010Phone call from Clerk's Office  Spoke to Mr. Ted Lyon in re:  his response to the opposed m/e/t.  He will be filing by Thursday, Sept. 30th.
09/23/2011Motion for Extension of Time disposed.Filing granted Unopposed motion for extension of time to file reply brief filed on behalf of Talmadge Waldrip granted.  Reply brief due 9/30/11.  Further requests for extensions of time will be disfavored.
09/23/2010Phone call from Clerk's Office  To Mr. Ted Lyon's office, spoke to Kelly, his asst. and they are opposed to the m/e/t, but do not know whether they will be filing a response.  She will check with him and call us back.
09/23/2010Motion for Extension of Time to File Petition for Review filed  Motion for extension of time to file Petition for Review. On behalf of U-Haul International, Inc., et al. (3)
09/20/2011Motion for Extension of Time to File Brief filed  E-FILED  Unopposed motion for extension of time to file reply brief filed on behalf of Talmadge Waldrip.
09/12/2011Brief on the Merits  E-FILED: Combined Reply brief on the Merits and Cross Respondent Response Brief on the Merits filed on behalf of U-Haul International, Inc., et al. (HARD CES REC'D)
09/12/2011Reply Brief  E-FILED: Combined Reply brief on the Merits and Cross Respondent Response Brief on the Merits filed on behalf of U-Haul International, Inc., et al.
09/12/2011Amicus Curiae Brief received  E-FILED: Amicus Curiae Brief in Support of Petition for Review filed on behalf of Texas Civil Justice League. Submitted by George S. Christian, Texas Civil Justice League, 400 West 15th Street, Suite 400, Austin, Texas 78701, (512) 791-1429. (HC REC'D)
08/31/2012Court approved judgment sent to attorneys of recordIssued
08/31/2012Dissenting opinion issued.Issued Justice Lehrmann delivered a dissenting opinion.
08/31/2012Opinion issuedIssued
08/31/2012Opinion issuedCourt of Appeals' judgment affirmed in part, reversed in part Justice Wainwright delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice Medina, Justice Green, Justice Johnson, Justice Willett, and Justice Guzman  joined.
08/08/2011Brief on the Merits  E-FILED  Respondent's brief on the merits filed on behalf of Talmadge Waldrip. (HARD COPIES REC'D)
07/13/2011Motion for Extension of Time disposed.Filing granted Unopposed motion for extension of time for filing Resp/Cross Pet's brief on the merits granted.  Rsp/Cross Pet's brief due no later than 3:00 p.m. on 8/8/11; Pet/Cross Rsp's brief due 9/12/11; Cross Pet's Reply brief due 9/27/11; mailbox rule does not apply if filing by paper.  NO FURTHER REQUESTS FOR EXTENSIONS OF TIME WILL BE CONSIDERED.
07/12/2011Motion for Extension of Time to File Brief filed  E-FILED  Unopposed motion to extend time to file respondent's brief on the merits filed on behalf of Resp/Cross Pet #2, Talmadge Waldrip. (HARD COPIES REC'D)
06/14/2011Motion for Extension of Time disposed.Filing granted Unopposed motion for extension of time for filing Resp/Cross Pet's brief on the merits granted.  Rsp/Cross Pet's brief due no later than 3:00 p.m. on 7/18/11; Pet/Cross Rsp's brief due 8/22/11; Cross Pet's Reply brief due 9/6/11; mailbox rule does not apply if filing by paper.  NO FURTHER REQUESTS FOR EXTENSIONS OF TIME WILL BE CONSIDERED.
06/13/2011Motion for Extension of Time to File Brief filed  E-FILED  Unopposed motion to extend time for filing brief on the merits filed on behalf of Talmadge Waldrip.
05/31/2011Brief on the Merits  E-FILED  Petition U-Haul International Inc., et al.'s Brief on the Merits. (HARD COPIES REC'D)
05/09/2011Phone call from Clerk's Office  Call made to Matthew Ploeger to inform him that joint motion was granted per request, however, stressed that since motion included multiple requests, further requests for extensions of time to file briefs will strongly be disfavored; left voicemail.
05/09/2011Motion for Extension of Time disposed.Filing granted Joint motion for extension of time to set consolidated briefing schedule granted.  Petitioner's brief due no later than 3:00 p.m. on 5/31/11; Rsp/Cross Pet's brief due 6/30/11; Pet/Cross Rsp's brief due 8/4/11; Cross Pet's Reply brief due 8/19/11; mailbox rule does not apply if filing by paper.  Further requests for extensions of time for these filings will strongly be disfavored.
05/03/2011Case Record Filed   CLKS REC (8) VOLS, SUPP CLKS RECS (7) VOLS, REPS REC (19) VOLS, ANTS BRS (3) VOLS, APES BRS (2) VOLS, ANTS REPLY BR, ANTS ORAL ARG EXHIBITS (1) VOL, APES ORAL ARG HANDOUT, MISC FOLDER, JUDGEMENT, OPINION (AF/RV/RN)
04/28/2011Miscellaneous Motion  E-FILED  Joint Motion to Set Consolidated Briefing Schedule filed on behalf of Pets/Cross-Resps, U-Haul International, Inc., et al. & Resps/Cross-Pets, Talmadge Waldrip, et al. (HARD COPIES REC'D)
04/26/2012Post submission brief filed  Petitioners/Cross-Respondents U-Haul International, Inc., et al.'s Post-Submission Letter Brief in Reply to Respondent's Post-Submission Ltr..  
04/18/2011Record Requested in Case 
04/15/2011Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than 3:00 p.m. on 5/16/11; Response brief due 6/6/11; Reply brief due 6/21/11; mailbox rule does not apply if filing by paper.
04/05/2012Post submission brief filed  Response to Post-Submission Brief filed on behalf of Talmadge Waldrip, et al.  (HARD COPIES REC'D)
03/02/2012Post submission brief filed  E-FILED  Petitioners/Cross-Respondents U-Haul International, Inc., et al.'s Post-Submission Letter Brief.  (HARD COPIES REC'D)
02/24/2011Reply to Response  Reply in Support of Petition for Review filed on behalf of Petitioners 1 - Cross-Respondents, U-Haul International, Inc., et al. (3)
02/24/2011Response to Petition  Response to Petition for Review #2. On behalf of Petitioners 1 - Cross-Respondents, U-Haul International, Inc., et al. (3)
02/08/2012Oral argument   argued on behalf of petitioners by David E. Keltner and Thomas S. Leatherbury; argued on behalf of respondents/cross-petitioners by Ted B. Lyon, Jr.
02/08/2012Oral argument   argued on behalf of petitioners by David E. Keltner and Thomas S. Leatherbury; argued on behalf of respondents/cross-petitioners by Ted B. Lyon, Jr.
01/11/2012Phone call from Clerk's Office  Call made to petitioner #2 attorney Ted Lyons, Jr. to resubmit oral argument form so the $75 submission fee can be collected.
01/11/2012Oral Argument Submission Form from Attorney received  EFILED  OA Submission Form submitted by petitioner attorneys David E. Keltner and Thomas S. Leatherbury  of Kelly, Hart & Hallman LLP of Fort Worth, TX
01/11/2012Oral Argument Submission Form from Attorney received  EFILED  OA submission form submitted by respondent/cross petitioner attorney Ted B. Lyon, Jr. of Ted B. Lyon & Associates, P.C. of Mesquite, TX
01/04/2011Motion for Extension of Time to File Response disposedFiling granted Petitioners'/Cross Respondents' motion for extension of time to file response to cross petition for review granted.  Response due 2/25/11; Further requests for extensions of time will be disfavored.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
12/19/2012Case StoredCase stored.G02 Exhibit Room O-2 (2 vols + 9 boxes) K-1, L-1, and M-1
Parties
Party▲▼Party Type▲▼Representative▲▼
U-Haul Co. of ArizonaOther interested party Mr. David N. Kitner
Mr. Creighton R. Magid
Boyd, LarryOther interested party Mr. James Estes Griffis
Mr. Christopher J. Pruitt
Texas Civil Justice LeagueAmicus CuriaeMr. George S. Christian
U-Haul International, Inc.PetitionerMr. James Estes Griffis
Mr. Christopher J. Pruitt
Mr. Matthew B. Ploeger
Ms. Lisa Hobbs
Mr. David E. Keltner
Mr. David N. Kitner
Mr. Thomas S. Leatherbury
Mr. Creighton R. Magid
LawFinance Group, Inc.Other interested party Mr. Dryden Liddle
Waldrip, TalmadgeRespondentMr. Marquette William Wolf
Mr. Charles E. Schuerenberg
Mr. Joseph Cecere
Mr. Charles McGarry
Mr. Jeffrey S. Levinger
Mr. Ted B. Lyon Jr.
Court of Appeals Information:
Affirmed/Reverse in part 
322 SW3d 821, 08-31-10 
5th Court of Appeals 
Honorable Molly Meredith Francis 
Trial Court Information
County Court at Law No 2 
Dallas 
Honorable Timothy King Fifer 
cc-06-14908-B