Supreme Court

Case: 10-1022    
10-1022
12/16/2010
Petition for Review originally filed as 53.7(f)
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA AND INDUSTRIAL RISK INSURERS 
JOHN ZINK COMPANY; FISHER CONTROLS COMPANY, INC.; FISHER CONTROLS INTERNATIONAL, INC.; FISHER CONTROLS INSTALLATION AND SERVICE COMPANY; AND VALTEK, INC. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
08/13/2012Reply BriefPetitioner Reply Brief on the Merits filed on behalf of National Union Fire Insurance Company of Pittsburgh, PA and Industrial Risk Insurers.  (HARD COPIES REC'D)
08/06/2012Fully hyperlinked brief filedRespondent Respondents Fisher Controls Company, et al. provided a hyperlink version of their Response Brief on the Merits. Per their special instructions, this file "is  partially hyperlinked; Not all of the cases are included."  
08/02/2012Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Valtek, Inc.  (HARD COPIES REC'D)
08/02/2012Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of the Fisher Respondents.
07/31/2012Brief on the MeritsRespondent Respondent John Zink Company's Brief on the Merits on Rehearing.  (HARD COPIES REC'D)
07/02/2012Brief on the MeritsPetitioner Petitioners' Brief on the Merits Addressing Issues Raised on Rehearing filed on behalf of Nat'l Union Fire Ins Co of Pittsburgh, PA, et al.  HARD COPIES RECEIVED.
05/30/2012Reply to Response to Motion for Rehearing filedPetitioner Reply in Support of Motion for Rehearing filed on behalf of National Union Fire Insurance Company of Pittsburgh, PA and Industrial Risk Insurers.  (HARD COPIES REC'D)
05/21/2012Response to Motion for RehearingRespondent Response to Motion for Rehearing filed on behalf of Fisher Controls Internatinoal, Inc. and Fisher Controls Installation and Service Company.  (HARD COPIES REC'D)
05/21/2012Response to Motion for RehearingRespondent Response to Motion for Rehearing filed on behalf of Valtek, Inc.  (HARD COPIES REC"D)
05/21/2012Response to Motion for RehearingRespondent Response to Motion for Rehearing filed on behalf of John Zink Company.
04/06/2012Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter received on behalf of Ryan Hudson and Andrew Ryan.
03/27/2012Motion for RehearingRehearing filed in Petition for Review Motion for Rehearing filed on behalf of National Fire Ins. Co.
02/17/2012Reply BriefPetitioner Reply Brief on the Merits filed on National Union Fire Insurance Company of Pittsburgh, PA, et al.  (HARD COPIES REC'D)
12/29/2011Fully hyperlinked brief filedRespondent E-FILED  Courtesy e-copy of Fisher Controls Co., Inc.'s Brief on the Merits which was previously filed with the Court, in which included HYPERLINKS.
12/09/2011Brief on the MeritsRespondent E-FILED: Response Brief on the Merits filed on behalf of John Zink Company.  (HARD COPIES REC'D)
12/09/2011Brief on the MeritsRespondent E-FILED  Respondent's Brief on the Merits filed on behalf of Fisher Controls Co., Inc. (HARD COPIES REC'D)
12/09/2011Brief on the MeritsRespondent E-FILED: Response Brief on the Merits filed on behalf of Valtek, Inc.  (HARD COPIES REC'D)
10/19/2011Brief on the MeritsPetitioner E-FILED  Brief on the Merits filed on behalf of Nat'l Union Fire Ins. Co. (HARD COPIES REC'D)
07/07/2011Reply to ResponsePetitioner E-FILED  Petitioners National Union Fire Insurance Company of Pittsburgh, PA, et al.'s Reply in support of Petition for Review. (HARD COPIES REC'D)
06/16/2011Corrected BriefRespondent E-FILED  Corrected Electronic copy of Response to Petition filed on behalf of Fisher Controls Co., Inc.  HARD COPIES RECEIVED.
06/15/2011Response to PetitionRespondent E-FILED  Response to Petition filed on behalf of Fisher Controls Co., Inc.  HARD COPIES RECEIVED - SAME AS CORRECTED BRIEF.
06/15/2011Response to PetitionRespondent E-FILED Response to petition filed on behalf of Valtek, Inc.  HARD COPIES RECEIVED.
06/15/2011Response to PetitionRespondent E-FILED  Response to Petition filed on behalf of John Zink Co. (HARD COPIES RECEIVED)
02/16/2011Supplemental appendix Petitioner Supplemental Appendix (12) filed on behalf of Nat'l Union Fire Ins. Co.
02/11/2011Appendix FiledPetitioner attached to petition
02/11/2011Petition for ReviewPetitioner Petition appendix attached (12) filed on behalf of National Union Fire Ins.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/29/2011Fully hyperlinked brief filed  E-FILED  Courtesy e-copy of Fisher Controls Co., Inc.'s Brief on the Merits which was previously filed with the Court, in which included HYPERLINKS.
12/23/2011Motion for Extension of Time disposed.Filing granted Reply brief is due 01/26/12; FURTHER REQUESTS FOR EXTENSION OF TIME WILL BE DISFAVORED
12/23/2011Motion 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 National Union Fire Insurance Company of Pittsburgh, PA, et al.
12/21/2010Motion for Extension of Time to File Petition for Review disposedFiling granted Petition is due January 26, 2011
12/16/2010Motion for Extension of Time to File Petition for Review filed  Unopposed motion for extension of time to file petition (2) filed on behalf of Nat'l Union Fire Ins. Co.
12/09/2011Brief on the Merits  E-FILED: Response Brief on the Merits filed on behalf of John Zink Company.  (HARD COPIES REC'D)
12/09/2011Brief on the Merits  E-FILED  Respondent's Brief on the Merits filed on behalf of Fisher Controls Co., Inc. (HARD COPIES REC'D)
12/09/2011Brief on the Merits  E-FILED: Response Brief on the Merits filed on behalf of Valtek, Inc.  (HARD COPIES REC'D)
11/04/2011Motion for Extension of Time disposed.Filing granted Unopposed motion for extension of time to file breirf on the merits is granted.  Respondent's Brief is due December 9, 2011; Reply Brief is due December 27, 2011.  Further requests for extensions of time for this filing will be disfavored.
11/04/2011Motion for Extension of Time to File Brief filed  E-FILED  Joint Unopposed Motion for extension of time to file Brief on the Merits filed on behalf of John Zink Co., Fisher Controls Co., and Valtek, Inc.
11/01/2012Record returned to Court of Appeals  Record returned to the Court of Appeals via LoneStar Overnight (Air Bill: ZP 295495)
10/19/2011Brief on the Merits  E-FILED  Brief on the Merits filed on behalf of Nat'l Union Fire Ins. Co. (HARD COPIES REC'D)
10/18/2012Case Stored  Row 21 F-5
10/04/2012Notice sent to Court of Appeals 
09/23/2011Case Record Filed   CLKS REC (25) VOLS, SUPP CLKS REC (1) VOL, REPS REC (1) VOL, ANTS BR, APES BR-FISHER, APES BR-VALTEK, APES BR-ZINK, ANTS REPLY BR, APES SUR-REPLY, MISC FOLDER, JUDGEMENT, CORRECTED JUDGEMENT, OPINION (AF)
09/20/2012Motion for Rehearing - DisposedDenied
09/19/2011Motion for Extension of Time disposed.Filing granted Unopposed First Motion for Extension of Time to File Brief on the Merits granted.  Petitioner's brief on the merits due 10/19/11; Response brief due 11/8/11; Reply brief due 11/23/11.  Further requests for extensions of time will be disfavored.
09/16/2011Motion for Extension of Time to File Brief filed  EFILED  Unopposed First Motion for Extension of Time to File Brief on the Merits filed on behalf of National Union Fire Insurance Company of Pittsburgh, PA, et al.  (HARD COPIES REC'D)
08/19/2011Record Requested in Case 
08/19/2011Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than 3:00 p.m. on 9/19/11; Response brief due 10/10/11; Reply brief due 10/25/11; mailbox rule does not apply
08/14/2012Motion for Extension of Time disposed.Filing granted Reply brief due 08/13/12; FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED.
08/13/2012Reply Brief  Reply Brief on the Merits filed on behalf of National Union Fire Insurance Company of Pittsburgh, PA and Industrial Risk Insurers.  (HARD COPIES REC'D)
08/10/2012Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to File Reply Brief on the Merits filed on behalf of NatioNal Union Fire Insurance Company of Pittsburgh, PA and Industrial Risk Insurers.
08/06/2012Fully hyperlinked brief filed  Respondents Fisher Controls Company, et al. provided a hyperlink version of their Response Brief on the Merits. Per their special instructions, this file "is  partially hyperlinked; Not all of the cases are included."  
08/02/2012Brief on the Merits  Response Brief on the Merits filed on behalf of Valtek, Inc.  (HARD COPIES REC'D)
08/02/2012Brief on the Merits  Response Brief on the Merits filed on behalf of the Fisher Respondents.
07/31/2012Brief on the Merits  Respondent John Zink Company's Brief on the Merits on Rehearing.  (HARD COPIES REC'D)
07/07/2011Reply to Response  E-FILED  Petitioners National Union Fire Insurance Company of Pittsburgh, PA, et al.'s Reply in support of Petition for Review. (HARD COPIES REC'D)
07/06/2012Motion for Extension of Time disposed.Filing granted Motion for Extension of Time of Valtek, Inc. is granted.  Respondent's Brief is due August 2, 2012; Reply Brief is due August 10, 2012.  FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED.
07/06/2012Motion for Extension of Time to File Brief filed  Respondent, Valtek, Inc.'s Unopposed Motion to Extend Time to File its Brief on the Merits.
07/06/2012Motion for Extension of Time disposed.Filing granted Motion for Extension of Time of Fisher Controls Co. is granted.  Respondent's Brief is due August 2, 2012; Reply Brief is due August 10, 2012.  FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED.
07/06/2012Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Fisher Contros Co.
07/03/2012Motion for Extension of Time disposed.Filing granted Response brief due 08-02-12; Reply brief due 08-10-12; FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED.
07/03/2012Motion for Extension of Time to File Brief filed  Motion for Extension of Time to File Response Brief on the Merits filed on behalf of John Zink Company.
07/03/2012Designation of Lead Counsel   Designation of Randy Roach as Lead Counsel filed on behalf of John Zink Company.
07/02/2012Brief on the Merits  Petitioners' Brief on the Merits Addressing Issues Raised on Rehearing filed on behalf of Nat'l Union Fire Ins Co of Pittsburgh, PA, et al.  HARD COPIES RECEIVED.
07/01/2011MET to file reply disposed ofFiling granted Unopposed motion for extension of time to file Reply in Support of Petition for Review granted.  Reply due 7/8/11.
06/30/2011Motion to Extend Time to File Reply filed  E-FILED  Unopposed motion for extension of time to file Reply in Support of Petition for Review.  On behalf of Nat'l Union Fire Ins. Company, et al. (HARD COPIES RECEIVED)
06/16/2011Corrected Brief  E-FILED  Corrected Electronic copy of Response to Petition filed on behalf of Fisher Controls Co., Inc.  HARD COPIES RECEIVED.
06/15/2012Brief on the Merits Ordered  Expedited briefs requested:  Petitioner's brief due 7/2/12; Response brief due 7/12/12; Reply brief due 7/20/12.  Pursuant to TEX. R. APP. P. 55.1, you are requested to file briefs on the merits addressing the issues raised in the motion for rehearing and responses thereto in the above-styled case.  Please refer to TEX. R. APP. P. 55 for the requirements of petitioners' and respondents' briefs.  The briefing schedule is outlined below.  See TEX. R. APP. P. 55.7.  
06/15/2011Response to Petition  E-FILED  Response to Petition filed on behalf of Fisher Controls Co., Inc.  HARD COPIES RECEIVED - SAME AS CORRECTED BRIEF.
06/15/2011Response to Petition  E-FILED Response to petition filed on behalf of Valtek, Inc.  HARD COPIES RECEIVED.
06/15/2011Response to Petition  E-FILED  Response to Petition filed on behalf of John Zink Co. (HARD COPIES RECEIVED)
05/30/2012Reply to Response to Motion for Rehearing filed  Reply in Support of Motion for Rehearing filed on behalf of National Union Fire Insurance Company of Pittsburgh, PA and Industrial Risk Insurers.  (HARD COPIES REC'D)
05/21/2014Case Stored - stored case location updated  Row 10 B-5
05/21/2012Response to Motion for Rehearing  Response to Motion for Rehearing filed on behalf of Fisher Controls Internatinoal, Inc. and Fisher Controls Installation and Service Company.  (HARD COPIES REC'D)
05/21/2012Response to Motion for Rehearing  Response to Motion for Rehearing filed on behalf of Valtek, Inc.  (HARD COPIES REC"D)
05/21/2012Response to Motion for Rehearing  Response to Motion for Rehearing filed on behalf of John Zink Company.
05/18/2012Notice from Counsel of a change in address  Notice of Change of Address for Peter A. T. Sartin.  New address: 1767 La Cresta Drive, Pasadena, CA 91103; Ph: 626-840-1126; Email: psartin@att.net
05/11/2011Phone call from Clerk's Office  Call made to respondent attorney Elizabeht Volmert explaining that the motion for extension of time to file requested response was only granted 30 days to 6/15/11; instead of a requested 39-day extension; left voicemail.
05/11/2011Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to File Requested Response to Petition for Review granted.  Requested response due no later than 3:00 p.m. on 6/15/11; mailbox rule does not apply if filing by paper.  Further requests for extensions of time will be disfavored.
05/10/2011Motion for Extension of Time to File Response  E-FILED  Unopposed motion for extension of time to file responses to petitioners' petition for review filed on behalf of Fisher Controls Co. Inc., Fisher Controls Int'l, Inc., Fisher Controls Installation and Serv. Co.  HARD COPIES RECEIVED
05/04/2012Supreme Court of Texas Requested Response  Requested response to motion for rehearing due no later than 5/21/12.
04/15/2011Supreme Court of Texas Requested Response  Requested response to petition for review due no later than 3:00 p.m. on 5/16/11; mailbox rule does not apply if filing by paper
04/06/2012Amicus Curiae Letter Received  Amicus Curiae Letter received on behalf of Ryan Hudson and Andrew Ryan.
04/03/2012Case forwarded to Court 
03/27/2012Motion for Rehearing  Motion for Rehearing filed on behalf of National Fire Ins. Co.
03/16/2011Response Waiver filed  Response waiver (2) filed on behalf of John Zink Co.
03/15/2011Case forwarded to Court 
03/14/2011Response Waiver filed  Response waiver to petition for review filed on behalf of Valtek, Inc. (orig & 11)
03/10/2011Response Waiver filed  Response waiver to petition for review filed on behalf of Fisher Controls Company, Inc. (orig & 1)
03/09/2012Petition for Review disposedDenied
02/17/2012Reply Brief  Reply Brief on the Merits filed on National Union Fire Insurance Company of Pittsburgh, PA, et al.  (HARD COPIES REC'D)
02/16/2011Supplemental appendix   Supplemental Appendix (12) filed on behalf of Nat'l Union Fire Ins. Co.
02/14/2011Phone call from Clerk's Office  Requested supplement to appendix with Court of Appeals opinion.
02/11/2011Appendix Filed  attached to petition
02/11/2011Petition for Review  Petition appendix attached (12) filed on behalf of National Union Fire Ins.
01/31/2011Notice from attorney regarding vacation dates  Brian Rutherford, attorney for John Zink Co., will be on vacation the following dates: March 14, 2011 through March 18, 2011 and October 10, 2011 through October 17, 2011. (1)
01/27/2011Second Motion for Extension of Time to File Petition for Review disposedFiling granted Petition is due February 25, 2011. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED
01/26/2011Second Motion for Extension of Time to File Petition for Review filed  Unopposed second motion for extension of time to file Petition for Review. On behalf of National Union Fire Insurance Company of Pittsburgh, PA, et al. (3)
01/25/2012Motion for Extension of Time disposed.Filing granted Petitioner's Reply Brief is due February 17, 2012.  NO FURTHER EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED
01/20/2012Motion for Extension of Time to File Brief filed  E-FILED  Petitioners, National Union Fire Insurance Company of Pittsburgh, PA, et al.'s Unopposed Second Motion for Extension of Time to File their Reply Brief.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
05/21/2014Case StoredCase stored.Row 10 B-5
Parties
Party▲▼Party Type▲▼Representative▲▼
Fisher Controls Co., Inc.RespondentMs. Elizabeth B. Kamin
Mr. P. Michael Jung
Ms. Elizabeth Painter Volmert
John Zink Co.RespondentMs. Amy J. Schumacher
Mr. Robert M. Randy Roach Jr.
Mr. Bryan G. Rutherford
Mr. Daniel W. Davis
Mr. Clayton E. Devin
Hudson, Ryan C.Amicus CuriaeMr. Andrew B. Ryan
Valtek, Inc.RespondentMr. Michael Phillips
Ms. Lynne Miller Ford
Ms. Kathryn Snapka
National Union Fire Ins. Co. of Pittsburgh, PAPetitionerMr. Peter A.T. Sartin
Mr. David Gunn
Mr. Charles Flores
Ms. Constance H. Pfeiffer
Court of Appeals Information:
Affirmed [duplicate 3] 
___ SW3d ___, 11-10-10 
13th Court of Appeals 
Honorable Gina M. Benavides 
Trial Court Information
117th District Court 
Nueces 
Honorable Sandra Watts 
91-6592-B