Supreme Court

Case: 10-1020    
10-1020
12/15/2010
Petition for Review/Cause under Rule 53.1
TEXAS DEPARTMENT OF TRANSPORTATION AND CITY OF EDINBURG 
A.P.I. PIPE AND SUPPLY, L.L.C. AND PAISANO SERVICE COMPANY, INC. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
12/28/2012Post submission brief filedPetitioner Post-Submission Letter Brief filed on behalf of Tex. Dept. of Transp. and the City of Edinburg.
12/14/2012Letter brief Respondent Respondents API Pipe & Supply, LLC and Paisano Service Co.'s Letter Brief in Reply to Petitioner response to San Jacinto Title's Amicus Brief. (HARD COPIES REC'D)
12/05/2012Response to Amicus Curiae Brief filedPetitioner Petitioner's response to amicus brief filed by San Jacinto Title.
11/29/2012Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief filed by San Jacinto Title.  Submitted by Boone Channing Slusher, Slusher & Associates, PLLC, 4900 N. 10th Street, Suite F-3, McAllen, Texas 78504, Telephone: (956) 682-4842.  (HARD COPIES REC'D)
12/01/2011Response to Brief filedPetitioner E-FILED: Response to Surreply filed on behalf of Texas Department of Transportation, et al. (HARD COPIES REC'D)
11/21/2011Surreply filedRespondent E-FILED  A.P.I. Pipe and Supply, LLC, et al.'s Sur-Reply Brief.  (HARD COPIES REC'D)
10/05/2011Reply BriefPetitioner E-FILED  Reply Brief on the Merits filed on behalf of Texas Department of Transp.  (HARD COPIES REC'D)
09/09/2011Brief on the MeritsRespondent E-FILED  Respondent's Brief on the Merits filed on behalf of A.P.I. Pipe & Supply. (HARD COPIES REC'D)
07/22/2011Brief on the MeritsPetitioner E-FILED  Petitioners Texas Department of Transportation and City of Edinburg's Brief on the Merits. (HARD COPIES REC'D)
05/26/2011Reply to ResponsePetitioner E-FILED  Reply to Response filed on behalf of Texas Dept. of Transportation and City of Edinburg.  HARD COPIES RECEIVED.
05/11/2011Response to PetitionRespondent Response to Joint Petition for Review filed on behalf of A.P.I. Pipe & Supply, LLC., et al. (12)
03/23/2011Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter of Texas Land Title Assoc'n (12) submitted by Aaron Day, SB #24037899, Texas Land Title Assoc'n, 1717 W. 6th St., Ste. 120, Austin, TX 78703, Te. (512)472-6593.
01/19/2011Appendix FiledPetitioner attached to petition
01/19/2011Petition for ReviewPetitioner Petition for review appendix attached (12) filed on behalf of Tex. Dept. of Transp. & City of Edinburg.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/28/2012Post submission brief filed  Post-Submission Letter Brief filed on behalf of Tex. Dept. of Transp. and the City of Edinburg.
12/28/2010Motion for Extension of Time to File Petition for Review disposedFiling granted Petition #2 is due January 19, 2011.
12/23/2010Motion for Extension of Time to File Petition for Review #2 filed  Unopposed motion for extension of time to file Petition for Review #2. On behalf of City of Edinburg. (2)
12/16/2010Motion for Extension of Time to File Petition for Review disposedFiling granted Petition is due January 19, 2011.
12/15/2010Motion for Extension of Time to File Petition for Review filed  Unopposed motion for extension of time to file Petition for Review. On behalf of Texas Department of Transportation. (2)
12/14/2012Letter brief   Respondents API Pipe & Supply, LLC and Paisano Service Co.'s Letter Brief in Reply to Petitioner response to San Jacinto Title's Amicus Brief. (HARD COPIES REC'D)
12/05/2012Response to Amicus Curiae Brief filed  Petitioner's response to amicus brief filed by San Jacinto Title.
12/01/2011Response to Brief filed  E-FILED: Response to Surreply filed on behalf of Texas Department of Transportation, et al. (HARD COPIES REC'D)
11/29/2012Amicus Curiae Brief received  Amicus Brief filed by San Jacinto Title.  Submitted by Boone Channing Slusher, Slusher & Associates, PLLC, 4900 N. 10th Street, Suite F-3, McAllen, Texas 78504, Telephone: (956) 682-4842.  (HARD COPIES REC'D)
11/21/2011Surreply filed  E-FILED  A.P.I. Pipe and Supply, LLC, et al.'s Sur-Reply Brief.  (HARD COPIES REC'D)
11/01/2011Motion for leave to file brief disposedFiling granted Respondents, A.P.I. Pipe & Supply, LLC and Paisano Service Co., Inc.'s motion for leave to file a Sur-Reply Brief granted
10/13/2011Response to Motion filed  EFILED  Response to Motion for Leave to File Surreply filed on behalf of Texas Department of Transportation
10/07/2011Call received  from petitioner's counsel, Mr. Joseph Hughes, to inform the Court that he is going to file a response to respondent's motion for leave to file sur-reply brief on the merits.  He expects to file the response by the following midweek (week of 10/10/11).
10/06/2011Motion for leave to file brief  E-FILED  Respondents, A.P.I. Pipe & Supply, LLC and Paisano Service Co., Inc.'s motion for leave to file a Sur-Reply Brief.
10/05/2011Reply Brief  E-FILED  Reply Brief on the Merits filed on behalf of Texas Department of Transp.  (HARD COPIES REC'D)
09/14/2011Motion for Extension of Time disposed.Filing granted Unopposed motion for extension of time to file reply brief filed on behalf of Texas Dept. of Transportation, et al. granted.  Reply brief due 10/5/11.  Further requests for extensions of time will be disfavored.
09/13/2011Motion for Extension of Time to File Brief filed  E-FILED  Unopposed motion for extension of time to file reply brief filed on behalf of Texas Dept. of Transportation, et al.
09/12/2012Oral argument   argued on behalf of petitioner by Joseph D. Hughes; argued on behalf of respondents by Roland Quintana
09/09/2011Brief on the Merits  E-FILED  Respondent's Brief on the Merits filed on behalf of A.P.I. Pipe & Supply. (HARD COPIES REC'D)
08/05/2011Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to File Respondent's Brief on the Merits granted.  Response brief due no later than 3:00 p.m. on 9/12/11; Reply brief due 9/27/11; mailbox rule does not apply.  Further requests for extensions of time will be disfavored.
08/05/2011Phone call from Clerk's Office  Call made to City of Edinburg attorney Analisa Figueroa's office.  Was informed by her assistant that the City of Edinburg is unopposed to the motion for extension of time.
08/04/2011Call received  CALL RECEIVED FROM JODY HUGHES TO INFORM THE COURT THAT HE IS UNOPPOSED TO THE MOTION FOR EXTENSION OF TIME TO FILE RESPONSE BRIEF ON THE MERITS
08/03/2011Phone call from Clerk's Office  Mr. Hughes and Ms. Figueroa are unopposed to the motion for extension.
08/03/2011Motion for Extension of Time to File Brief filed  Motion for extension of time to file brief (2) filed on behalf of A.P.I. Pipe & Supply, LLC
08/01/2012Oral Argument Submission Form from Attorney received  OA Submission Form submitted by respondent attorney Roland Quintana of Wilkins Wilkins & Quintana of McAllen, TX
07/23/2012Oral Argument Submission Form from Attorney received  Oral argument submission form submitted by petitioner attorney Joseph D. Hughes of the Office of the Attorne General, Austin, TX
07/22/2011Brief on the Merits  E-FILED  Petitioners Texas Department of Transportation and City of Edinburg's Brief on the Merits. (HARD COPIES REC'D)
07/21/2011Case Record Filed   Clerk's record (1V), reporter's record (1V), ant's br, ape's joint br, ant's mo/re, misc. folder (mos.), judgment, opinion
07/06/2011Motion for Extension of Time disposed.Filing granted Petitioner brief due 07/22/11; Respondent brief due 08/12/11; Reply brief due 08/29/11; due n/l/t 3:00 p.m.; mlbx rule d/n/a
07/06/2011Motion for Extension of Time to File Brief filed  E-FILED: Unopposed Motion for Extension of Time to File Petitioner's Brief on the Merits filed on behalf of Texas Department of Transportation and City of Edinburg.
06/22/2012Case set for oral argumentCase set for oral argument Oral argument set for 9 a.m. on 9/12/12; time allotted to argue:  20/20 minutes
06/21/2013Case Stored  G02 Row 22 A-4
06/13/2011Record Requested in Case 
06/10/2011Brief on the Merits Ordered  Brief on the merits requested:  Relator's brief due no later than 3:00 p.m. on 7/11/11; Response brief due 8/1/11; Reply brief due 8/16/11; mailbox rule does not apply
05/26/2011Reply to Response  E-FILED  Reply to Response filed on behalf of Texas Dept. of Transportation and City of Edinburg.  HARD COPIES RECEIVED.
05/16/2013Mandate issued  Mandate & Cost Bill Issued
05/11/2011Response to Petition  Response to Joint Petition for Review filed on behalf of A.P.I. Pipe & Supply, LLC., et al. (12)
04/29/2014Case Stored - stored case location updated  Row 10 A-5
04/06/2011Motion for Extension of Time disposed.Filing granted Unopposed motion for extension of time to file requested response to petition for review granted.  Requested response to petition for review due no later than 3:00 p.m. on 5/11/11; mailbox rule does not apply if filing by paper.  Further requests for extensions of time will be disfavored.
04/05/2013Court approved judgment sent to attorneys of recordIssued
04/05/2013Concurring Opinion issued.Issued Justice Lehrmann delivered a concurring opinion, in which Justice Guzman joined.
04/05/2013Opinion issuedCourt of Appeals' judgment reversed and dismissed Justice Willett delivered the opinion of the Court.
04/04/2011Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to File Response to Petition for Review filed on behalf of A.P.I. Pipe & Supply, LLC and Paisano Service Co., Inc. (2)
03/23/2011Amicus Curiae Letter Received  Amicus Curiae Letter of Texas Land Title Assoc'n (12) submitted by Aaron Day, SB #24037899, Texas Land Title Assoc'n, 1717 W. 6th St., Ste. 120, Austin, TX 78703, Te. (512)472-6593.
03/10/2011Supreme Court of Texas Requested Response  Response requested to petition for review due no later than 3:00 p.m. on 4/11/11; mailbox rule does not apply
03/09/2012Petition for Review granted 
03/09/2012Petition for Review disposedFiling granted date and time for oral argument are yet to be determined.
02/22/2011Letter Filed  To respondent's atty, Mr. Roland Quintana, from pet's atty, Mr. Joseph Hughes in re:  correct mailing address. (orig)
02/22/2011Case forwarded to Court 
01/19/2011Appendix Filed  attached to petition
01/19/2011Petition for Review  Petition for review appendix attached (12) filed on behalf of Tex. Dept. of Transp. & City of Edinburg.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
04/29/2014Case StoredCase stored.Row 10 A-5
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Department of TransportationPetitionerMr. Jonathan F. Mitchell
Mr. Gregory Abbott
Ms. Lisa Marie McClain Mitchell
Mr. Joseph David Hughes
Mr. David C. Mattax
Mr. William (Bill) J. Cobb III
Mr. Daniel T. Hodge
Mr. James William Kirk II
Ms. Susan Desmarais Bonnen
Texas Land Title AssociationAmicus CuriaeMr. Aaron Daniel Day
San Jacinto TitleAmicus CuriaeMr. Boone Channing Slusher
A.P.I. Pipe and Supply, L.L.C.RespondentMr. Rolando Quintana
Mr. Mark Edward Wilkins
The City of EdinburgPetitionerMr. Charles V. Willette Jr.
Ms. Analisa Figueroa
Court of Appeals Information:
Affirmed [duplicate 3] 
328 SW3d 82, 08-26-10 
13th Court of Appeals 
Honorable Gina M. Benavides 
Trial Court Information
County Court at Law No 2 
Hidalgo 
Honorable Jaime Joel Palacios 
CL-06-1462-B