Supreme Court

Case: 10-0933    
10-0933
11/15/2010
Mandamus/Cause
IN RE TOYOTA MOTOR SALES, U.S.A., INC. AND VISCOUNT PROPERTIES II, L.P., D/B/A HOY FOX TOYOTA/LEXUS 
 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
02/28/2013Post submission brief filedRelator Post-Submission Brief filed on behalf of Toyota Motor Sales, U.S.A., Inc. (HARD COPIES REC'D)
02/04/2013Post submission brief filedReal Parties in Interest Post Submission Brief filed on behalf of Rebecca King, et al. (HARD COPIES REC'D)
01/31/2013Post submission brief filedRelator Relator's Post-Submission brief filed on behalf of Toyota Motor Sales, et al. (HARD COPIES REC'D)
10/13/2011Reply BriefRelator E-FILED  Reply brief on the Merits filed on behalf of Royota Motor Sales, et al. (HARD COPIES REC'D)
08/29/2011Brief on the MeritsReal Parties in Interest E-FILED  Respondent Rebecca King's Brief on the Merits.  HARD COPIES RECEIVED.
07/22/2011Amicus Curiae Brief receivedReceived (instead of filed) Brief of Amicus Curiae Texas Association of Defense Counsel in support of Mandamus.  Submitted by Ruth Malinas and Roger W. Hughes. (12)
06/30/2011Brief on the MeritsRelator E-FILED  Relators Toyota Motor Sales, U.S.A., Inc., et al.'s Brief on the Merits.  HARD COPIES RECEIVED.
04/20/2011Amicus Curiae Brief receivedReceived (instead of filed) Amicus curiae brief of the Texas Civil Justice League in support of relator's petition for writ of mandamus, submitted by Mr. E. Lee Parsley, Texas Civil Justice League, 400 W. 15th St., Suite 1400, Austin, TX.  78701, Phone (512) 320-0474.  (orig & 11)
04/14/2011Reply to Petition for Writ of MandamusRelator E-FILED Reply to petition (12) filed on behalf of Toyota Motor Sales. (hard copies received)
02/28/2011Response to Petition for Writ of Mandamus FiledReal Parties in Interest Response to petition (12) filed on behalf of Toyota Motor Sales.
11/15/2010Appendix FiledRelator attached to petition
11/15/2010Petition for Writ of Mandamus filedRelator Petition appendix attached (12) filed on behalf of Toyota Motor Sales.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/29/2010Supreme Court of Texas Requested Response  Requested response to petition for writ of mandamus due no later than 3:00 p.m. on 1/28/11; mailbox rule does not apply
12/27/2012Oral Argument Submission Form from Attorney received  Oral Argument will be presented by John Mobbs, Attorney at Law, of El Paso, TX
12/27/2012Notice of Appearance  Notice of Appearance for Rebecca King: John Mobbs, State Bar No. 00784618
7170 Westwind Dr., ste. 201 El Paso, Texas 79912, Tel. (915) 541-8810.
12/01/2011Letter Filed  E-FILED: Letter arguing a new case to Court filed on behalf of Toyota Motor Sales, U.S.A., Inc., et al.
11/22/2010Description of document returned to Supreme Court  Postcard to real party in interest attorney, Mr. Enrique Chavez, Jr.  Address updated and postcard resent.
11/18/2013Case Stored  G02 Row 22 I-4 (5 vols)
11/16/2010Case forwarded to Court 
11/15/2010Case Record Filed   Record (2) filed on behalf of Toyota Motor Sales, USA.
11/15/2010Appendix Filed  attached to petition
11/15/2010Petition for Writ of Mandamus filed  Petition appendix attached (12) filed on behalf of Toyota Motor Sales.
10/13/2011Reply Brief  E-FILED  Reply brief on the Merits filed on behalf of Royota Motor Sales, et al. (HARD COPIES REC'D)
10/10/2013Certified cys of cost bill sent to attys of record  Cost Bill Issued
09/09/2011Motion for Extension of Time disposed.Filing granted Reply brief is due October 13, 2011; FURTHER REQUESTS FOR EXTENSIONS OF TIME WILL BE DISFAVORED.
09/08/2011Motion for Extension of Time to File Brief filed  E-FILED: Unopposed Motion for Extension of Time to File Reply Brief on the Merits filed on behalf of Toyota Motor Sales, U.S.A., Inc., et al. (HARD COPIES REC'D)
09/07/2012Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted by relator attorney, Scott P. Stolley, of Thompson & Knight, LLP of Dallas, TX
08/31/2012Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., January 8, 2013.  Time allotted to argue:  20/20 minutes.

08/31/2012Mandamus Set to Argue 
08/31/2012Petition for Writ of Mandamus disposedCase set for oral argument
08/30/2013Concurring Opinion issued.Issued Justice Lehrmann delivered a concurring opinion, in which Justice Devine joined.
08/30/2013Opinion issuedWrit of Mandamus conditionally granted Chief Justice Jefferson delivered the opinion of the Court.
(8/30/2013 10:38:32 AM) 100933.pdf, 100933c.pdf
08/30/2011Correction filed (See Remarks)  E-FILED  Correction to formatting of electronic copy of brief on the merits.
08/29/2011Brief on the Merits  E-FILED  Respondent Rebecca King's Brief on the Merits.  HARD COPIES RECEIVED.
08/23/2011Motion for Extension of Time disposed.Filing granted Real Parties in Interest's Second Motion for Extension of time to File Response Brief on the Merits granted.  Response brief due no later than 3:00 p.m. on 8/29/11; Reply brief due 9/13; mailbox rule does not apply.  No further requests for extensions of time will be disfavored.
08/19/2011Motion for Extension of Time to File Brief filed  EFILED Real Parties in Interest's Second Motion for Extension of time to File Response Brief on the Merits filed on behalf of Rebecca King (HARD COPIES REC'D)
07/22/2011Amicus Curiae Brief received  Brief of Amicus Curiae Texas Association of Defense Counsel in support of Mandamus.  Submitted by Ruth Malinas and Roger W. Hughes. (12)
07/20/2011Motion for Extension of Time disposed.Filing granted Unopposed motion for extension of time to file brief granted.  Response brief due no later than 3:00 p.m. on 8/19/11; Reply brief due 9/6/11; mailbox rule does not apply.  Further requests for extensions of time will be disfavored.
07/19/2011Motion for Extension of Time to File Brief filed  E-FILED  Unopposed motion for extension of time to file brief filed on behalf of Rebecca King, et al.
06/30/2011Brief on the Merits  E-FILED  Relators Toyota Motor Sales, U.S.A., Inc., et al.'s Brief on the Merits.  HARD COPIES RECEIVED.
06/30/2011Supplement to Clerk's/Reporter's Record  E-FILED  Supplemental Record (20 Volumes) filed on behalf Toyota Motor Sales.
06/30/2011Verification received and filed  E-FILED   Verification for the supplemental record filed on behalf of Toyota Motor Sales.
06/28/2011Call received  Mr. Stolley spoke with BH.  Per BH, we will take their supplemental record electronically and not ask for a hard copy unless the Court requested a hard copy.
05/31/2011Motion for Extension of Time disposed.Filing granted Unopposed motion to extend time to file relator's brief on the merits granted.  Relator's brief due no later 3:00 p.m. on 6/30/11; Response brief due 7/20/11; Reply brief due 8/04/11; mailbox rule does not apply.  Further requests for extensions of time will be disfavored.
05/26/2011Phone call from Clerk's Office  Spoke with attorney Baeza who said they are unopposed to the motion.
05/25/2011Motion for Extension of Time to File Brief filed  E-FILED: Relator's Motion for Extension of Time to File Brief on the Merits filed on behalf of Toyota Motor Sales, U.S.A., Inc., et al. (HARD COPIES RECEIVED)
05/16/2014Case Stored - stored case location updated  Row 6 D-5
05/06/2011Corrected Notice sent to all counsel  Corrected letter sent moving the due date of relator's brief from May 30 to May 31, 2011
05/05/2011Phone call from Clerk's Office  Call made to relator's attorney regarding correction on due date of relator's brief on the merits; relator's brief is due 5/31/11, not 5/30/11 per letter mailed out.  Corrected letter to be mailed out.
04/29/2011Brief on the Merits Ordered  Brief on the merits requested:  Relator's brief due no later than 3:00 p.m. on 5/31/11; Response brief due 6/20/11; Reply brief due 7/5/11; mailbox rule does not apply
04/20/2011Phone call from Clerk's Office  To Mr. Parsley's office to request electronic courtesy copy to the SCE briefs box of amicus brief rec'd on 4/20/11.
04/20/2011Amicus Curiae Brief received  Amicus curiae brief of the Texas Civil Justice League in support of relator's petition for writ of mandamus, submitted by Mr. E. Lee Parsley, Texas Civil Justice League, 400 W. 15th St., Suite 1400, Austin, TX.  78701, Phone (512) 320-0474.  (orig & 11)
04/14/2011Reply to Petition for Writ of Mandamus  E-FILED Reply to petition (12) filed on behalf of Toyota Motor Sales. (hard copies received)
04/14/2011Notice from Counsel of a change in address  Kurt C. Kern and David P. Stone's change of law firm:  Bowman and Brooke LLP, 2711 N. Haskell Ave., Ste. 650, Dallas, TX 75204, Tel. (972)616-1700. (hard copies received)
03/11/2011MET to file reply disposed ofFiling granted Relators' unopposed motion for extension of time to file reply granted.  Reply due 4/14/11.  Further requests for extensions of time will be disfavored.
03/11/2011Motion to Extend Time to File Reply filed  Unopposed motion for extension of time to file reply to petition for writ of mandamus (2) filed on behalf of Toyota Motor Sales, USA, et al.
03/11/2011Call received  Mr. Phillips informed the Court that we'll be receiving a motion for extension of time to file a reply in this case over the counter today.
02/28/2013Post submission brief filed  Post-Submission Brief filed on behalf of Toyota Motor Sales, U.S.A., Inc. (HARD COPIES REC'D)
02/28/2011Phone call from Clerk's Office  Requested electronic copy of response to petition.
02/28/2011Response to Petition for Writ of Mandamus Filed  Response to petition (12) filed on behalf of Toyota Motor Sales.
02/04/2013Case Record Filed   20 volumes of reporter's record received on 2/4/13 (V1-12 labeled reporter's record & V13-20 labeled EXHIBITS)
02/04/2013Post submission brief filed  Post Submission Brief filed on behalf of Rebecca King, et al. (HARD COPIES REC'D)
02/01/2013Letter Filed  Per the Court's request, two boxes containing hard copies of the 20-volume trial transcript orginally filed with the Court in electronic format on June 30, 2011; will be delivered to the Court on Monday, Februrary 4, 2013.
02/01/2013Phone call from Clerk's Office  Call made to attorney Scott Stolley to request hard copies of 23 volumes of the supplemental record.  Hard copy should arrive on or before February 6, 2013.
02/01/2011Motion for Extension of Time disposed.Filing granted Real parties in interest's motion to extend time to file response to petition for writ of mandamus granted.  Requested response to petition for writ of mandamus due no later than 3:00 p.m. on 2/28/11; mailbox rule does not apply.  Further requests for extensions of time will be disfavored.
01/31/2013Post submission brief filed  Relator's Post-Submission brief filed on behalf of Toyota Motor Sales, et al. (HARD COPIES REC'D)
01/28/2011Phone call from Clerk's Office  Mr. Stolley informed the Court that the motion is unopposed.
01/28/2011Motion for Extension of Time to File Response  Unopposed motion for extension of time to file response (2) filed on behalf of Rebecca King, et al.
01/08/2013Oral argument   argued on behalf relators by Scott P. Stolley; argued on behalf of real parties in interest by John P. Mobbs (Justice Boyd not sitting)
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
11/18/2013Case StoredCase stored.G02 Row 22 I-4 (5 vols)
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Civil Justice LeagueAmicus CuriaeMr. E. Lee Parsley
King, RebeccaReal Party in Interest Mr. Enrique Moreno
Mr. John P. Mobbs
Mr. Enrique Chavez Jr.
Texas Association of Defense CounselAmicus CuriaeMr. Roger W. Hughes
Ms. Ruth G. Malinas
Toyota Motor Sales, U.S.A., Inc.RelatorMr. Carlos Rincon
Mr. Kurt C. Kern
Mr. David P. Stone
Mr. Scott P. Stolley
Mr. Richard B. Phillips Jr.
Court of Appeals Information:
Denied 
327 SW3d 302, 09-29-10 
8th Court of Appeals 
Honorable David W. Chew 
Trial Court Information
Probate Court 
El Paso 
Honorable Yvonne T. Rodriguez 
2004-P01144-A