Supreme Court

Case: 10-0965    
10-0965
11/24/2010
Third Petition for Review originally filed as 53.7(f)
DAN H. HANKE AND THE HANKE GROUP, P.C., F/K/A HANKE, GREEN AND STEIN; LANGLEY & BANACK INCORPORATED, A/K/A LANGLEY & BANACK, INC.; STEVEN R. BROOK; AND DAVID S. GRAGG 
LAWRENCE T. FLACK 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
07/20/2011Reply BriefEvent related to subsequent petition filed in case. E-FILED  Petitioner #2  Langley & Banack Incorporated, et al.'s Reply Brief on the Merits in support of Petition for Review. (HARD COPIES REC'D)
07/05/2011Brief on the MeritsRespondent E-FILED  Brief on the Merits filed on behalf of Lawrence T. Flack.  HARD COPIES RECEIVED.
06/16/2011Amended Brief filedEvent related to subsequent petition filed in case. E-FILED  Petitioners Langley & Banack, Inc., et al.'s AMENDED Brief on the Merits. (HARD COPIES REC'D)
06/15/2011Brief on the MeritsEvent related to subsequent petition filed in case. E-FILED  Petitioner's Brief on the Merits filed on behalf of Langley & Banack, Inc. (HARD COPIES REC'D)
04/07/2011Response to Amicus Curiae Brief filedRespondent E-FILED Response to Amicus Brief (2) filed on behalf of Lawrence Flack. HARD COPIES FILED
03/31/2011Amicus Curiae Letter ReceivedReceived (instead of filed) (12) Amicus letter brief w/exhibits attached in support of Petitioners on behalf of Biomet, Inc., EBI Medical Systems, LP., EBI Medical Sytems, Inc., LVB Acquisition Merger Sub, Inc. and LVB Acquisition, Inc. Submitted by Rosemarie Kanusky; FULBRIGHT & JAWORSKI LLP, 300 Convent Suite 2100, San Antonio Texas 78205, [PH] 210.224.5575.
03/16/2011Reply to ResponseEvent related to subsequent petition filed in case. Reply to Respondent's Response to Petition for Review filed on behalf of Langley & Banack, et al. (12)
02/25/2011Response to PetitionRespondent Consolidated Response to petitions for review (2) filed on behalf Lawrence T. Flack.
12/15/2010Appendix FiledEvent related to subsequent petition filed in case. attached to petition
12/15/2010Petition for Review #3Event related to subsequent petition filed in case. Petition appendix attached (12) filed on behalf of John D. Fisch and Mary M. Potter.
12/13/2010Appendix FiledEvent related to subsequent petition filed in case. appendix attached to petition #2
12/13/2010Petition for Review #2Petitioner On behalf of Langley & Banack, Incorporated, et al. (12)
12/10/2010Appendix FiledPetitioner attached to petition
12/10/2010Petition for ReviewPetitioner Petition appendix attached (12) filed on behalf of Dan H. Hanke.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/29/2010Phone call from Clerk's Office  Requested electronic copy of petition and appenidix.
12/15/2010Appendix Filed  attached to petition
12/15/2010Petition for Review #3  Petition appendix attached (12) filed on behalf of John D. Fisch and Mary M. Potter.
12/13/2010Appendix Filed  appendix attached to petition #2
12/13/2010Petition for Review #2  On behalf of Langley & Banack, Incorporated, et al. (12)
12/12/2011Record returned to Court of Appeals  Record returned to the Court of Appeals
12/10/2010Appendix Filed  attached to petition
12/10/2010Petition for Review  Petition appendix attached (12) filed on behalf of Dan H. Hanke.
12/05/2011Notice sent to Court of Appeals  Certified copy of notice sent to the Court of Appeals
11/24/2010Motion for Extension of Time to File Petition for Review disposedFiling granted Petitions are due December 13, 2010
11/24/2010Motion for Extension of Time to File Petition for Review filed  Unopposed motion for extension of time to file Petition for Review. On behalf of Cox Smith Matthews Incorporated, et al. (3)
10/21/2011Petition for Review disposedDenied with Justice not sitting.
07/20/2011Reply Brief  E-FILED  Petitioner #2  Langley & Banack Incorporated, et al.'s Reply Brief on the Merits in support of Petition for Review. (HARD COPIES REC'D)
07/05/2011Brief on the Merits  E-FILED  Brief on the Merits filed on behalf of Lawrence T. Flack.  HARD COPIES RECEIVED.
06/21/2011Motion to Amend disposedFiling granted Unopposed Motion for Leave to File Amended Brief on the Merits granted
06/16/2011Amended Brief filed  E-FILED  Petitioners Langley & Banack, Inc., et al.'s AMENDED Brief on the Merits. (HARD COPIES REC'D)
06/16/2011Affidavit filed  E-FILED  Affidavit to Motion for Leave to Amend Petitioner's Brief on the Merits. On behalf of Petitioner 2, Langley & Banack, Inc., et al. (ATTACHED TO MOTION TO AMEND)
06/16/2011Motion to Amend Filed  E-FILED  Unopposed Motion for Leave to File Amended Brief on the Merits. On behalf of Petitioners #2, Langley & Banack, Inc., et al. (HARD COPIES REC'D)
06/15/2011Brief on the Merits  E-FILED  Petitioner's Brief on the Merits filed on behalf of Langley & Banack, Inc. (HARD COPIES REC'D)
06/14/2011Additional Copies received  (1) copy of letter addressed to the 4th COA in regard of the "express fee" to cover the forwarding of case file and (1) copy of notice of change of counsel which was filed on 3-16-11 in our Court and was sent to the COA as a copy.   On behalf of Langley & Banack.
06/13/2011Case Record Filed   Inventory in main remarks
05/09/2011Motion for Extension of Time disposed.Filing granted Unopposed motion for extension of time to file petitioner's brief on the merits granted.  Petitioner's brief due no later than 3:00 p.m. on 6/15/11; Response brief due 7/5/11; Reply brief due 7/20/11; mailbox rule does not apply if filing by paper.  Further requests for extensions of time will be disfavored.
05/06/2011Motion for Extension of Time to File Brief filed  E-FILED Petitioner Langley & Banack Inc., et al.'s unopposed motion for extension of time to file Brief on the Merits.
04/29/2011Document filed (see remarks)  Letter from Corporation Service Company rejecting service of Hohman, Taube & Summers. (1)
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.
04/15/2011Petition for Review disposedDismissed
04/15/2011Petition for Review disposedDismissed
04/15/2011Motion to dismiss disposedFiling granted Unopposed Motion for Partial Dismissal Pursuant to Settlement granted
04/11/2011Motion to dismiss  Unopposed Motion for Partial Dismissal Pursuant to Settlement (2) filed on behalf of Cox Smith Matthews Inc.
04/07/2011Response to Amicus Curiae Brief filed  E-FILED Response to Amicus Brief (2) filed on behalf of Lawrence Flack. HARD COPIES FILED
03/31/2011Amicus Curiae Letter Received  (12) Amicus letter brief w/exhibits attached in support of Petitioners on behalf of Biomet, Inc., EBI Medical Systems, LP., EBI Medical Sytems, Inc., LVB Acquisition Merger Sub, Inc. and LVB Acquisition, Inc. Submitted by Rosemarie Kanusky; FULBRIGHT & JAWORSKI LLP, 300 Convent Suite 2100, San Antonio Texas 78205, [PH] 210.224.5575.
03/16/2011Reply to Response  Reply to Respondent's Response to Petition for Review filed on behalf of Langley & Banack, et al. (12)
03/16/2011Designation of Lead Counsel   Notice of Appearance and Change in Designation of Lead Counsel filed and designates Ruth G. Malinas as lead counsel for Langley & Banack, et al.
03/09/2011Motion for extension of length of brief disposedFiling granted Motion to file consolidated response in excess of page limits granted
02/25/2011Motion for Extension of Length of Brief filed  Unopposed motion for leave to file consolidated response to petitions for review in excess of page limits (2) filed on behalf of Lawrence T. Flack.
02/25/2011Response to Petition  Consolidated Response to petitions for review (2) filed on behalf Lawrence T. Flack.
01/28/2011Supreme Court of Texas Requested Response  Requested responses to all petitions for review due no later than 3:00 p.m. on 2/28/11; mailbox rule does not apply
01/12/2011Designation of Lead Counsel   Letter notifying the Court that Mr. Michael Truesdale has been designated as lead counsel for respondent, Mr. Lawrence T. Flack. (orig)
01/11/2011Case forwarded to Court 
01/11/2011Case forwarded to Court 
01/11/2011Case forwarded to Court 
01/06/2012Case Stored  Row 20 I-4
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
01/06/2012Case StoredCase stored.ROW 20 I-4
Parties
Party▲▼Party Type▲▼Representative▲▼
Biomet, Inc.Amicus CuriaeMs. Rosemarie Kanusky
Langley & Banack, Inc.Petitioner 2Ms. Bridget Ann Douglass Mimari
Mr. Lewin Plunkett
Ms. Laura A. Cavaretta
Ms. Ruth G. Malinas
Flack, Lawrence T.RespondentMr. Charles H. Portz III
Mr. Benjamin H. Hathaway
Mr. Michael S. Truesdale
Cox Smith Matthews IncorporatedPetitioner 1Ms. Paige Arnette Amstutz
Ms. Jane M. N. Webre
Mr. Casey Legate Dobson
Fisch, John D.Petitioner 3Mr. George H. Spencer Jr.
Ms. Kathryn A. Stephens
Mr. James A. Hoffman
Hanke, DanOther interested party Mr. Guy M. Hohmann
Mr. Thomas W. Jefferies
Court of Appeals Information:
REVERSED & REMANDED 
334 SW3d 251, 10-13-10 
4th Court of Appeals 
Honorable Rebecca Simmons 
Trial Court Information
166th District Court 
Bexar 
Honorable Lori Massey  
2005-CI-12037