Supreme Court

Case: 11-0213    
11-0213
03/23/2011
Second Petition for Review/Cause under Rule 53.1
COINMACH CORP. F/K/A SOLON AUTOMATED SERVICES, INC. 
ASPENWOOD APARTMENT CORP. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
12/23/2013Motion for Rehearing for pet #2 Respondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Aspenwood Apartment Corp.
12/23/2013Motion for RehearingPetitioner's motion for rehearing of cause filed Motion for Rehearing filed on behalf of Coinmach Corp.
09/06/2013Post submission brief filedEvent related to subsequent petition filed in case. Post Submission Brief filed on behalf of Aspenwood Apartment Corporation.
04/30/2013Post submission brief filedEvent related to first petition filed in case. Petitioner/Cross-Respondent, Coinmach Corp.'s Post-Submission Brief.
02/26/2013Exhibits in case/cause filedRespondent Oral Argument Exhibits filed on behalf of Aspenwood Apt. Corp.  (HARD COPIES REC'D)
08/31/2012Petition Reinstated 
08/31/2012Petition Reinstated 
07/16/2012Response to Motion for RehearingEvent related to first petition filed in case. Response to Rehearing filed on behalf of Coinmach Corp.
07/16/2012Response to Motion for RehearingRespondent Response to Motion for Rehearing filed on behalf of Aspenwood Apt. Corp.
05/14/2012Motion for RehearingRehearing filed in Petition for Review Petitioner Coinmach Corp.'s Motion for Rehearing #1.
05/14/2012Motion for Rehearing for pet #2 Rehearing filed in Petition for Review Counter-Petitioner Aspenwood Apartment Corp.'s Conditional Motion for Rehearing #2.
05/10/2012Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of Texas Housing Justice League.  (HARD COPIES REC'D)
02/17/2012Reply BriefEvent related to first petition filed in case. Reply Brief on the Merits filed on behalf of Coinmach Corp., et al.  (HARD COPIES REC'D)
02/14/2012Reply BriefEvent related to subsequent petition filed in case. Reply Brief on the Merits filed on behalf of Aspenwood Corp.
01/18/2012Brief on the MeritsRespondent EFILED Response Brief on the Merits filed on behalf of Coinmach Corp., et al. (HARD COPIES REC'D)
01/18/2012Brief on the MeritsRespondent E-FILED Respondent Aspenwood Apartment Corporation's Response to Coinmach's Brief on the Merits
11/28/2011Brief on the MeritsEvent related to subsequent petition filed in case. E-FILED: Petitioner Brief on the Merits filed on behalf of Aspenwood Apartment Corp.
11/28/2011Brief on the MeritsEvent related to first petition filed in case. E-FILED  Petitioner's Brief on the Merits filed on behalf of Coinmach Corp. (HARD COPIES REC'D)
09/15/2011Reply to ResponseEvent related to subsequent petition filed in case. E-FILED: Reply in Support of Cross-Petition for Review filed on behalf of Aspenwood Apartment Corp.
09/14/2011Reply to ResponseEvent related to first petition filed in case. E-FILED: Reply in Support of Petition for Review filed on behalf of Coinmach Corp.  HARD COPIES RECEIVED.
08/31/2011Response to PetitionRespondent E-FILED: Response to CoinMach's Petition for Review filed on behalf of Aspenwood Apartment Corp. (HARD COPIES REC'D)
08/31/2011Response to PetitionRespondent E-FILED  Petitioner/Cross-Respondent Coinmach Corp. f/k/a Solon Automated Services, Inc.'s Response to Aspenwood's Cross-Petition #2. (HARD COPIES REC'D)
05/26/2011Appendix FiledEvent related to subsequent petition filed in case. E-FILED appendix attached
05/26/2011Petition for Review #2Petitioner E-FILED   Cross-Petition for Review filed on behalf of Aspenwood Apartment Corp.  HARD COPIES RECEIVED
04/26/2011Appendix FiledPetitioner appendix attached
04/26/2011Petition for ReviewPetitioner E-FILED   Petition for Review filed on behalf of Coinmach Corp. (HARD COPIES REC'D)
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/27/2012Motion to re-set submission date disposedFiling granted motion to reschedule oral argument granted
12/23/2013Case forwarded to Court 
12/23/2013Case forwarded to Court 
12/23/2013Motion for Rehearing for pet #2   Motion for Rehearing filed on behalf of Aspenwood Apartment Corp.
12/23/2013Motion for Rehearing  Motion for Rehearing filed on behalf of Coinmach Corp.
12/20/2012Motion to re-set submission date filed.  Petitioner/Cross-Respondent Coinmach Corp.'s Unopposed Motion to Reschedule Oral Argument.
12/19/2011Motion for Extension of Time disposed.Filing granted Motion for Extension of Time granted.  Respondent's Brief is due January 18, 2012..  Reply Brief is due February 2, 2012.  Further requests for extensions of time for this filing will be disfavored.
12/13/2011Motion for Extension of Time to File Brief filed  E-FILED  Agreed Joint Motion for Extension of Time to file Responses to Briefs on the Merits filed on behalf of Aspenwood & Coinmach Corp.
12/09/2013Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Unopposed Motion to Extend Time to file Motion for Rehearing is Granted. Further requests for extensions of time will be disfavored. Motion for Rehearing is due December 23, 2013.
12/09/2013Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion to Extend Time to file Motion for Rehearing filed on behalf of Aspenwood Apartment Corp.
12/06/2013Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Motion for Rehearing is Granted. Further requests for extensions of time will be disfavored. Motion for Rehearing is due December 23, 2013.
12/06/2013Phone call from Clerk's Office  Spoke with Alan Daughtry and he stated that Aspenwood Apartment was unopposed to the motion for extension of time to file motion for rehearing.
12/06/2013Motion for Extension of Time to File Motion for Rehearing  Motion for Extension of Time to file Motion for Rehearing filed on behalf of Coinmach Corp.
11/28/2011Brief on the Merits  E-FILED: Petitioner Brief on the Merits filed on behalf of Aspenwood Apartment Corp.
11/28/2011Brief on the Merits  E-FILED  Petitioner's Brief on the Merits filed on behalf of Coinmach Corp. (HARD COPIES REC'D)
11/22/2013Court approved judgment sent to attorneys of recordIssued
11/22/2013Concurring Opinion issued.Issued
11/22/2013Opinion issuedIssued
11/22/2013Opinion issuedCourt affirms in part and reverses in part CA judgment and remands to trial court Justice Boyd delivered the opinion of the Court.
Justice Guzman delivered a concurring opinion, in which Justice Devine and Justice Brown joined.
(11/22/2013 2:13:36 PM) 110213c.pdf, 11-0213.jmt.pdf, 110213.pdf
10/28/2011Motion for Extension of Time disposed.Filing granted Petitioner brief due 11/28/11; Response brief due 12/19/11; Reply brief due 01/03/12; FURTHER REQUESTS FOR EXTENSION OF TIME WILL BE DISFAVORED
10/27/2011Case Record Filed   Electronic COA Record: CLK's Record (8v), 1st Supp CLK's Record (1v), Ant's Br., Ant's Reply, Ant's MoRe, Ape's MoRe, Ant's Resp to Ape's MoRe, Misc docs (ltrs, m/e/ts, notices,orders), judgment, and opinion on rehearing. **per one of the deputies in the COA, they can't locate Ape's Brief, as soon as they find it will be sent to us.
10/24/2011Motion for Extension of Time to File Brief filed  EFILED Agreed Joint Motion for Extension of Time to File Brief on the Merits
09/29/2011Record Requested in Case 
09/28/2011Brief on the Merits Ordered  Petitioner brief due 10/28/11; Response brief due 11/17/11; Reply brief due 12/07/11.
09/15/2011Reply to Response  E-FILED: Reply in Support of Cross-Petition for Review filed on behalf of Aspenwood Apartment Corp.
09/14/2011Reply to Response  E-FILED: Reply in Support of Petition for Review filed on behalf of Coinmach Corp.  HARD COPIES RECEIVED.
09/06/2013Post submission brief filed  Post Submission Brief filed on behalf of Aspenwood Apartment Corporation.
08/31/2012Case set for oral argumentCase set for oral argument
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.
08/31/2012Petition for Review granted 
08/31/2012Petition for Review disposedFiling granted
08/31/2012Petition for Review granted 
08/31/2012Petition for Review disposedFiling granted
08/31/2012Petition Reinstated 
08/31/2012Petition Reinstated 
08/31/2012Motion for Rehearing - DisposedFiling granted
08/31/2012Motion for Rehearing - DisposedFiling granted
08/31/2011Response to Petition  E-FILED: Response to CoinMach's Petition for Review filed on behalf of Aspenwood Apartment Corp. (HARD COPIES REC'D)
08/31/2011Response to Petition  E-FILED  Petitioner/Cross-Respondent Coinmach Corp. f/k/a Solon Automated Services, Inc.'s Response to Aspenwood's Cross-Petition #2. (HARD COPIES REC'D)
08/01/2011Motion for Extension of Time disposed.Filing granted Unopposed Motion of Aspenwood's for Extension of Time to File Response to Petition for Review granted.  Requested response due no later than 3:00 p.m. on 8/31/11; mailbox rule does not apply.  Further requests for extensions of time will be disfavored.
08/01/2011Motion for Extension of Time disposed.Filing granted Unopposed Motion of Coinmach for Extension of Time to File Response to Aspenwood's Cross-Petition for Review filed on behalf of Coinmach Corp., et al. granted.  Requested response due no later than 3:00 p.m. on 8/31/11; mailbox rule does not apply.  Further requests for extensions of time will be disfavored.
08/01/2011Motion for Extension of Time to File Response  E-FILED  Unopposed motion for extension of time to file response filed on behalf of Aspenwood Apartment Corp. (HARD COPIES RECEIVED)
07/29/2011Motion for Extension of Time to File Response  EFILED Unopposed Motion of Coinmach for Extension of Time to File Response to Aspenwood's Cross-Petition for Review filed on behalf of Coinmach Corp., et al. (HARD COPIES REC'D)
07/16/2012Response to Motion for Rehearing  Response to Rehearing filed on behalf of Coinmach Corp.
07/16/2012Response to Motion for Rehearing  Response to Motion for Rehearing filed on behalf of Aspenwood Apt. Corp.
07/02/2012Motion for Extension of Time to File Response disposedFiling granted Responses due 07/16/12. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED.
07/02/2012Motion for Extension of Time to File Response  Unopposed Joint Motion for Extension of Time to File Responses to Motions for Rehearing filed on behalf of Coinmach Corp. and Aspenwood Apt. Corp.
06/30/2011Supreme Court of Texas Requested Response  Requested response to petition for review due no later than 3pm on August 1, 2011; mailbox rule does not apply
06/15/2012Supreme Court of Texas Requested Response  Requested responses to both motions for rehearing due no later than 7/2/12.
06/06/2011Motion to strike disposedDenied Opposed motion to strike petition for review and appendix denied
05/31/2011Case forwarded to Court 
05/31/2011Case forwarded to Court 
05/26/2011Letter Filed  E-FILED  Response waiver filed on behalf of Coinmach Corp.  HARD COPIES RECEIVED
05/26/2011Response Waiver filed  E-FILED  Response to Aspenwood's Cross-Petition for Review filed on behalf of Coinmach Corp.  HARD COPIES RECEIVED
05/26/2011Motion to Strike filed  E-FILED  Opposed Motion to Strike Petition for Review #1 and Appendix filed on behalf of Respondent/Cross-Petitioner Aspenwood Apartment Corp. HARD COPIES RECEIVED
05/26/2011Response Waiver filed  E-FILED  Response waiver filed on behalf of Aspenwood Apartment Corp. HARD COPIES RECEIVED
05/26/2011Appendix Filed  E-FILED appendix attached
05/26/2011Petition for Review #2  E-FILED   Cross-Petition for Review filed on behalf of Aspenwood Apartment Corp.  HARD COPIES RECEIVED
05/15/2012Case forwarded to Court 
05/15/2012Case forwarded to Court 
05/14/2012Motion for Rehearing  Petitioner Coinmach Corp.'s Motion for Rehearing #1.
05/14/2012Motion for Rehearing for pet #2   Counter-Petitioner Aspenwood Apartment Corp.'s Conditional Motion for Rehearing #2.
05/10/2012Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of Texas Housing Justice League.  (HARD COPIES REC'D)
04/30/2013Post submission brief filed  Petitioner/Cross-Respondent, Coinmach Corp.'s Post-Submission Brief.
04/26/2011Appendix Filed  appendix attached
04/26/2011Petition for Review  E-FILED   Petition for Review filed on behalf of Coinmach Corp. (HARD COPIES REC'D)
04/13/2012Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Rehearing is due 05/14/12.
04/13/2012Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Rehearing due 05/14/12.
04/12/2012Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to File Motion for Rehearing filed on behalf of Aspenwood Apartment Corp.
04/12/2012Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to File Motion for Rehearing filed on behalf of Coinmach Corp., et al.
03/31/2011Motion for Extension of Time to File Petition for Review disposedFiling granted Petition for Review #2 is due on April 27, 2011.
03/30/2012Petition for Review disposedDenied
03/30/2012Petition for Review disposedDenied
03/30/2011Motion for Extension of Time to File Petition for Review #2 filed  Unopposed motion for extension of time to file Cross Petition for Review. On behalf of Aspenwood Apartment Corporation. (2)
03/28/2014Case Stored  G02 Row 4 B-1
03/23/2011Motion for Extension of Time to File Petition for Review disposedFiling granted Petition is due April 27, 2011.
03/23/2011Motion for Extension of Time to File Petition for Review filed  Unopposed motion for extension of time to file petition (2) filed on behalf of Coinmach, Inc., et al.
02/27/2013Oral argument   argued on behalf of petitioners by Robert M. (Randy) Roach; argued on behalf of resondents by Alan Daughtry
02/27/2013Oral argument   argued on behalf of petitioners by Robert M. (Randy) Roach; argued on behalf of resondents by Alan Daughtry
02/26/2013Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Aspenwood Apt. Corp.  (HARD COPIES REC'D)
02/22/2013Oral Argument Submission Form from Attorney received  Oral argument submission form submitted on behalf of Aspenwood Apartment Corp. by Alan Daughtry, Attorney at Law, of Houston, TX
02/21/2013Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Coinmach Corp. f/k/a Solon Automated Services, Inc.
02/17/2012Reply Brief  Reply Brief on the Merits filed on behalf of Coinmach Corp., et al.  (HARD COPIES REC'D)
02/14/2014Mandate issued  Mandate and Cost Bill Issued
02/14/2014Corrected opinionIssued The Court’s opinion issued November 22, 2013 is corrected. The concurring opinion by Justice Guzman, joined by Justice Devine and Justice Brown, and the judgment issued November 22, 2013, remain in place.
02/14/2014Motion for Rehearing - DisposedDenied
02/14/2014Motion for Rehearing - DisposedDenied
02/14/2012Reply Brief  Reply Brief on the Merits filed on behalf of Aspenwood Corp.
02/02/2012Motion for Extension of Time disposed.Filing granted Reply brief is due 02/17/12. FURTHER REQUESTS FOR EXTENSION OF TIME WILL BE DISFAVORED.
02/02/2012Motion 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 Coinmach Corp.
01/18/2012Brief on the Merits  EFILED Response Brief on the Merits filed on behalf of Coinmach Corp., et al. (HARD COPIES REC'D)
01/18/2012Brief on the Merits  E-FILED Respondent Aspenwood Apartment Corporation's Response to Coinmach's Brief on the Merits
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
03/28/2014Case StoredCase stored.G02 Row 4 B-1
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Housing Justice LeagueAmicus CuriaeMr. Nelson H. Mock
Aspenwood Apartment Corp.RespondentMr. Jack Zeev Yetiv
Mr. Alan B. Daughtry
Coinmach Corp.PetitionerMs. Mary Leigh Harrell
Ms. Amy J. Schumacher
Mr. Daryl W. Bailey
Mr. Robert M. Randy Roach Jr.
Mr. Daniel W. Davis
Court of Appeals Information:
Aff.(part)Rev.&Rem(part) 
349 SW3d 621, 02-10-11 
1st Court of Appeals 
Honorable Evelyn Keyes 
Trial Court Information
125th District Court 
Harris 
Honorable John A. Coselli 
98-15016