Supreme Court

Case: 11-0228    
11-0228
03/28/2011
Petition for Review/Cause under Rule 53.1
BYRON D. NEELY, INDIVIDUALLY, AND BYRON D. NEELY, M.D., P.A. 
NANCI WILSON, CBS STATIONS GROUP OF TEXAS, L.P., D/B/A KEYE-TV AND VIACOM, INC. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
10/29/2013Reply to Response to Motion for Rehearing filedRespondent Reply in Support of Motion for Rehearing filed on behalf of Nanci Wilson, et al.
10/18/2013Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of The Dallas Morning News.  (HARD COPIES REC'D)
10/17/2013Response to Motion for RehearingRespondent Response to Motion for Rehearing filed on behalf of Byron D. Neely.
08/30/2013Fully hyperlinked brief filedRespondent HYPERLINKED Copy of Respondent's Motion for Rehearing filed on behalf of Nanci Wilson, et al.  12 DVD copies in cases.
08/30/2013Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of the Reporters Committee for Freedom of The Press, et al. in support of Respondents' Motion for Rehearing.  HARD COPIES RECEIVED.
08/14/2013Motion for RehearingRespondent's Motion for Rehearing of Cause filed Respondents' Motion for Rehearing. On behalf of Nanci Wilson, et al.
09/07/2012Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of A.H. Belo Corporation, et al.  HARD COPIES RECEIVED.
12/20/2011Reply BriefPetitioner E-FILED  Petitioners Byron D. Neely, Individually, and Bryon D. Neely, M.D., P.A.'s Reply Brief on the Merits. (HARD COPIES REC'D)
12/13/2011Amicus Curiae Brief receivedReceived (instead of filed) E-FILED: Amicus Curiae brief in support of Respondents filed on behalf of The Reporters Committee for Freedom of the Press and the Texas Association of Broadcasters.  (HARD COPIES REC'D)
12/09/2011Fully hyperlinked brief filedRespondent (11) CDs, each containing the Brief of the Merits filed by Respondents Nanci Wilson, et al. These CDs are enhanced with bookmarks and hyperlinks to the material cited in the brief.
12/05/2011Brief on the MeritsRespondent E-FILED  Brief on the Merits of Respondents Nanci Wilson, CBS Stations Group of Texas, L.P., D/B/A Keye-TV, and Viacom, Inc. (HARD COPIES REC'D)
10/26/2011Brief on the MeritsPetitioner E-FILED Petitioners Byron D. Neely, et al.'s Brief on the Merits.  (HARD COPIES REC'D)
06/21/2011Reply to ResponsePetitioner E-FILED  Petitioners Byron D. Neely, et al.'s Reply to Response to Petition for Review (HARD COPIES REC'D)
05/27/2011Response to PetitionRespondent E-FILED  Response to Petition filed on behalf of Nanci Wilson, et al.  HARD COPIES RECEIVED
03/28/2011Appendix FiledPetitioner appendix attached to PFR
03/28/2011Petition for ReviewPetitioner E-FILED Petitioners Byron D. Neely, et al.'s Petition for Review. (two courtesy copies rec'd)
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/20/2011Reply Brief  E-FILED  Petitioners Byron D. Neely, Individually, and Bryon D. Neely, M.D., P.A.'s Reply Brief on the Merits. (HARD COPIES REC'D)
12/13/2011Amicus Curiae Brief received  E-FILED: Amicus Curiae brief in support of Respondents filed on behalf of The Reporters Committee for Freedom of the Press and the Texas Association of Broadcasters.  (HARD COPIES REC'D)
12/09/2011Fully hyperlinked brief filed  (11) CDs, each containing the Brief of the Merits filed by Respondents Nanci Wilson, et al. These CDs are enhanced with bookmarks and hyperlinks to the material cited in the brief.
12/05/2011Brief on the Merits  E-FILED  Brief on the Merits of Respondents Nanci Wilson, CBS Stations Group of Texas, L.P., D/B/A Keye-TV, and Viacom, Inc. (HARD COPIES REC'D)
10/29/2013Reply to Response to Motion for Rehearing filed  Reply in Support of Motion for Rehearing filed on behalf of Nanci Wilson, et al.
10/26/2011Brief on the Merits  E-FILED Petitioners Byron D. Neely, et al.'s Brief on the Merits.  (HARD COPIES REC'D)
10/18/2013Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of The Dallas Morning News.  (HARD COPIES REC'D)
10/17/2013Response to Motion for Rehearing  Response to Motion for Rehearing filed on behalf of Byron D. Neely.
09/13/2012Oral argument   argued on behalf of petitioner by Jane Webre; argued on behalf of respondent Thomas S. Leatherbury (Justice Hecht not sitting)
09/12/2012Oral Argument Submission Form from Attorney received  Oral Argument Submission form submitted by petitioner attorney Jane Webre of Scott, Douglass & McConnico, L.L.P. of Austin, TX
(Ms. Webre is the only attorney arguing on behalf of petitioner)
09/07/2012Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of A.H. Belo Corporation, et al.  HARD COPIES RECEIVED.
09/07/2012Notice of Appearance  Notice of Appearance:  Jane Webre, Scott Douglass & McConnico LLP, 600 Congress, Suite 1500, Austin, Texas 78701 -3234, (512) 495-6300 (Telephone).  Filed on behalf of Byron Neely, et al.
09/04/2013Motion for Extension of Time to File Response disposedFiling granted Unopposed Motion for Extension of Time to file Response to Motion for Rehearing filed on behalf of Byron D. Nelly, Individually and Byron D. Neely, M.D., P.A. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Response due October 18, 2013.
09/04/2013Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Motion for Rehearing filed on behalf of Byron D. Nelly, Individually and Byron D. Neely, M.D., P.A.
09/03/2013Supreme Court of Texas Requested Response  Requested response to motion for rehearing due no later than 9/18/13.
09/01/2011Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Briefs granted.  Petitioner's brief due 10/26/11; Response brief due 12/5/11; Reply brief due 12/20/11; Further requests for extensions of time will be disfavored.
09/01/2011Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Briefs granted.  Petitioner's brief due 10/26/11; Response brief due 12/5/11; Reply brief due 12/20/11; Further requests for extensions of time will be disfavored. (hard copy rec'd)
08/31/2011Phone call from Clerk's Office  Call made to respondent attorney Thomas Leatherbury requesting an additional $10 filing fee for a combined motion for extension of time filed on 8/23/11.  Mr. Leatherbury also agreed to have the unopposed motion for extension of time filed by petitioner's attorney serve as his motion in order to avoid filing a separate request.
08/30/2013Fully hyperlinked brief filed  HYPERLINKED Copy of Respondent's Motion for Rehearing filed on behalf of Nanci Wilson, et al.  12 DVD copies in cases.
08/30/2013Amicus Curiae Brief received  Amicus Curiae Brief of the Reporters Committee for Freedom of The Press, et al. in support of Respondents' Motion for Rehearing.  HARD COPIES RECEIVED.
08/25/2011Case Record Filed   Clerk's record (6V), supp clk's record (1v), reporter's record (1V), Exhibits (Handout of Ant's oral argument 5/6/09), ant's br, ape's br, appendix to ape's br, ant's reply br, misc. folder (mos., corres. & 6 manila folders of summary judgment motions), opinion, judgment  
08/23/2011Motion for Extension of Time to File Brief filed  E-FILED Unopposed Motion for Extension of Time to file Briefs filed on behalf of Byron D. Needly, et al. & Nanci Wilson, et al. (HARD COPIES REC'D)
08/23/2011Motion for Extension of Time to File Brief filed  E-FILED Unopposed Motion for Extension of Time to file Briefs filed on behalf of Byron D. Needly, et al. (HARD COPIES REC'D)
08/22/2011Record 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
08/14/2013Case forwarded to Court 
08/14/2013Motion for Rehearing  Respondents' Motion for Rehearing. On behalf of Nanci Wilson, et al.
08/01/2012Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted by respondent attorney Thomas S. Leatherbury of Vinson & Elkins L.L.P. of Dallas, TX
08/01/2012Oral Argument Submission Form from Attorney received  OA submission form submitted by petitioner attorneys James D. Baskin and J. Bruce Bennett of Scott Douglas & McConnico LLP of Austin, TX
07/08/2013Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Unopposed 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 August 14, 2013.
07/08/2013Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to File Motion for Rehearing filed on behalf of Nanci Wilson, et al.
06/28/2013Court approved judgment sent to attorneys of recordIssued
06/28/2013Dissenting opinion issued.Issued Chief Justice Jefferson delivered a dissenting opinion, in which Justice Green and Justice Lehrmann joined.
06/28/2013Opinion issuedCourt of Appeals' judgment reversed; cause remanded to trial court Justice Guzman delivered the opinion of the Court, in which Justice Johnson, Justice Willett, Justice Boyd, and Justice Devine joined.
06/22/2012Case set for oral argumentCase set for oral argument Oral argument set for 9 a.m. on 9/13/12; time allotted to argue:  20/20 minutes (Justice Hecht not sitting)
06/21/2011Reply to Response  E-FILED  Petitioners Byron D. Neely, et al.'s Reply to Response to Petition for Review (HARD COPIES REC'D)
06/15/2012Notice from attorney regarding vacation dates  Mr. J. Bruce Bennett, Counsel for Petitioner Byron D. Neely, Vacation Notice.  He will be on vacation during the following periods: Oct 15 thru 19, 2012, Dec 10 thru 14, 2012, Feb 18 thru Feb 22, 2013, and Mar 25 thru 29, 2013.
06/15/2012Petition for Review granted 
06/15/2012Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
06/09/2011MET to file reply disposed ofFiling granted unopposed motion for extension of time to file reply to response granted.  reply due 6/21/11.
06/09/2011Motion to Extend Time to File Reply filed  E-FILED  Unopposed motion for extension of time to file Reply in support of Petition for Review filed on behalf of Byron D. Neely, et al.  HARD COPIES RECEIVED.
05/31/2011Case forwarded to Court 
05/27/2011Response to Petition  E-FILED  Response to Petition filed on behalf of Nanci Wilson, et al.  HARD COPIES RECEIVED
04/25/2011Motion for Extension of Time to File Response disposedFiling granted Unopposed motion for extension of time to file response to petition for review granted.  Response due no later than 5/27/11.  Further requests for extensions of time will be disfavored.
04/21/2011Motion for Extension of Time to File Response  Unopposed motion for extension of time to file response (2) filed on behalf of Nanci Wilson, et al.
03/28/2014Case Stored  G02 Row 4 B-2 (4 vols)
03/28/2011Appendix Filed  appendix attached to PFR
03/28/2011Petition for Review  E-FILED Petitioners Byron D. Neely, et al.'s Petition for Review. (two courtesy copies rec'd)
01/31/2014Corrected opinion  The Court's opinion issued June 28, 2013 is corrected. The dissenting opinion by Chief Justice Jefferson, joined by Justice Green and Justice Lehrmann, and the judgment issued June 28, 2013, remain in place.
01/31/2014Mandate issued  Mandate & Cost Bill Issued
01/31/2014Dissenting opinion issued.Issued Justice Lehrmann dissents to the denial of the motion for rehearing.
01/31/2014Motion for Rehearing - DisposedDenied with Justice not sitting. (Chief Justice Hecht not sitting)
(1/31/2014 6:11:32 PM) 110228cx.pdf, 110228_d_reh.pdf
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
03/28/2014Case StoredCase stored.G02 Row 4 B-2 (4 vols)
Parties
Party▲▼Party Type▲▼Representative▲▼
Wilson, NanciRespondentMr. Matthew B. Ploeger
Mr. Thomas S. Leatherbury
Ms. Lisa Hobbs
Mr. Marc A. Fuller
Mr. Daniel Kelly
Reporters Committee for Freedom of the PressAmicus CuriaeMs. Laura Lee Prather
A.H. Belo CorporationAmicus CuriaeMr. Paul C. Watler
Dallas Morning NewsAmicus CuriaeMr. Paul C. Watler
Neely, Byron D.PetitionerMs. Jane M. N. Webre
Ms. Cindy Olson Bourland
Mr. James D. Baskin III
Mr. J. Bruce Bennett
Court of Appeals Information:
Affirmed [duplicate 3] 
331 SW3d 900, 02-09-11 
3rd Court of Appeals 
Honorable Robert Harrison Pemberton 
Trial Court Information
200th District Court 
Travis 
Honorable Stephen Yelenosky 
D-1-GN-04-001858