Supreme Court

Case: 11-0494    
11-0494
06/27/2011
Petition for Review originally filed as 53.7(f)
HOMER MERRIMAN 
XTO ENERGY, INC. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
04/24/2013Post submission brief filedAmicus Curiae Post-Submission Letter Brief submitted on behalf of Texas Oil & Gas Association.
03/27/2013Post submission brief filedRespondent Respondent's Post-Submission Brief filed on behalf of XTO Energy. (HARD COPIES REC'D)
02/05/2013Exhibits in case/cause filedRespondent Respondent's Oral Argument exhibit filed on behalf of XTO Energy, Inc. (HARD COPIES REC'D)
10/24/2012Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of the Texas Oil & Gas Association.  (HARD COPIES REC'D)
10/05/2012Brief on the MeritsRespondent Respondent XTO Energy Inc.'s Brief on the Merits.  (HARD COPIES REC'D)
07/16/2012Brief on the MeritsPetitioner Petitioner Homer Merriman's Brief on the Merits.  (HARD COPIES REC'D)
06/15/2012Petition Reinstated 
03/22/2012Response to Motion for RehearingRespondent Response to Rehearing filed on behalf of XTO Energy, Inc. (HARD COPIES RECEIVED)
01/17/2012Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Texas Farm Bureau on Motion for Rehearing submitted by Andy McSwain, Fulbright Winniford, PO Box 445, Waco, TX 76703, Tel (254)776-6000.  (HARD COPIES REC'D)
01/05/2012Motion for RehearingRehearing filed in Petition for Review E-FILED  Motion for Rehearing filed on behalf of Homer Merriman.
11/18/2011Reply to ResponsePetitioner E-FILED  Reply to Response to Petition for Review. On behalf of Homer Merriman.  (HARD COPIES REC'D)
11/08/2011Response to PetitionRespondent E-FILED  Response to Petition filed on behalf of XTO Energy, Inc. (HARD COPIES REC'D)
07/28/2011Supplemental appendix Petitioner EFILED Supplemental Appendix filed on behalf of Homer Merriman.  HARD COPIES RECEIVED.
07/27/2011Appendix FiledPetitioner E-FILED: Appendix attached. (HARD COPIES RECEIVED)
07/27/2011Petition for ReviewPetitioner E-FILED: Petition for Review filed on behalf of Homer Merriman. (HARD COPIES RECEIVED)
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/27/2012Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of XTO Energy, Inc.
12/16/2011Petition for Review disposedDenied
12/14/2012Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., February 5, 2013.  Time allotted to argue:  20/20 minutes.
12/14/2012Petition for Review disposedFiling granted
12/14/2012Petition for Review granted 
11/18/2011Reply to Response  E-FILED  Reply to Response to Petition for Review. On behalf of Homer Merriman.  (HARD COPIES REC'D)
11/08/2011Response to Petition  E-FILED  Response to Petition filed on behalf of XTO Energy, Inc. (HARD COPIES REC'D)
11/08/2011Motion for Extension of Time disposed.Filing granted Unopposed Second Motion for Extension granted.  Response is due November 14, 2011.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
11/07/2011Motion for Extension of Time to File Response  E-FILED  Second unopposed motion for extension of time to file response filed on behalf of XTO Energy, Inc.
10/25/2013Case Stored  G02 Row 22 F-3 (2 vols)
10/24/2012Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of the Texas Oil & Gas Association.  (HARD COPIES REC'D)
10/24/2012Motion for Extension of Time disposed.Filing granted Motion for Extension of Time is granted.  Petitioner's Reply Brief is due November 21, 2012.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
10/19/2012Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of time to file Reply Brief filed on behalf of Homer Merriman.
10/05/2012Brief on the Merits  Respondent XTO Energy Inc.'s Brief on the Merits.  (HARD COPIES REC'D)
10/04/2011Motion for Extension of Time disposed.Filing granted Response is due November 7, 2011.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WITH BE DISFAVORED.
10/03/2011Motion for Extension of Time to File Response  EFILED Unopposed Motion for Extension of Time to File Response to Petition for Review filed on behalf of XTO Energy Inc.
09/26/2013Mandate issued  Mandate & Cost Bill Issued
09/07/2011Supreme Court of Texas Requested Response  Requested response to petition for review due 10/7/11.  
08/27/2012Motion for Extension of Time disposed.Filing granted Response brief due October 5, 2012; Reply brief due October 22, 2012. NO FURTHER EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED.
08/23/2012Motion for Extension of Time to File Brief filed  Second unopposed motion for extension of time to file Respondent's Brief on the Merits. On behalf of XTO Energy Inc.
08/10/2012Motion for Extension of Time disposed.Filing granted Response brief due 09/05/12; Reply brief due 09/20/12; FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED.
08/09/2011Case forwarded to Court 
08/08/2011Response Waiver filed  E-FILED  Response waiver filedon behalf of XTO Energy, Inc. (HARD COPIES RECEIVED)
08/01/2012Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to File Response Brief on the Merits filed on behalf of XTO Energy, Inc.
07/28/2011Supplemental appendix   EFILED Supplemental Appendix filed on behalf of Homer Merriman.  HARD COPIES RECEIVED.
07/28/2011Phone call from Clerk's Office  Spoke with assistant and requested supplemental appendix with trial court judgment and corresponding hard copies. She will e-file and send hard copies asap.
07/27/2011Appendix Filed  E-FILED: Appendix attached. (HARD COPIES RECEIVED)
07/27/2011Petition for Review  E-FILED: Petition for Review filed on behalf of Homer Merriman. (HARD COPIES RECEIVED)
07/16/2012Brief on the Merits  Petitioner Homer Merriman's Brief on the Merits.  (HARD COPIES REC'D)
07/10/2013Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time is granted.  Motion for Rehearing is due August 7, 2013.
07/08/2013Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing.
07/02/2012Case Record Filed   CLKS REC (2) VOLS, SUPP CLKS REC (2) VOLS, ANTS BR, APES BR, APES AMENDED BR, ANTS REPLY BR, AM CUR-TEXAS FARM BUR, MISC FOLDER, OPINION (AF)
06/28/2011Motion for Extension of Time to File Petition for Review disposedFiling granted Petition is due July 27, 2011.
06/27/2011Motion for Extension of Time to File Petition for Review filed  Unopposed motion for extension of time to file Petition for Review.  On behalf of Homer Merriman. (2)
06/21/2013Court approved judgment sent to attorneys of recordIssued
06/21/2013Opinion issuedCourt of Appeals' judgment affirmed
06/19/2012Record Requested in Case 
06/15/2012Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than 7/16/12; Response brief due 8/6/12; Reply brief due 8/21/12.
06/15/2012Petition Reinstated 
06/15/2012Motion for Rehearing - DisposedFiling granted denial of petition on 11/18/11 withdrawn; petition for review remains pending before this Court.
06/15/2012Previous Order of the Court withdrawn  denial of November 18, 2011 withdrawn
05/16/2014Case Stored - stored case location updated  Row 10 G-5
04/24/2013Post submission brief filed  Post-Submission Letter Brief submitted on behalf of Texas Oil & Gas Association.
04/17/2013Notice from Counsel of a change in address  Locke Lord LLP, counsel for respondent XTO Energy, Inc., has relocated its Austin office.  The new address is 600 Congress Avenue, Suite 2200, Austin, Texas 78701.
03/27/2013Post submission brief filed  Respondent's Post-Submission Brief filed on behalf of XTO Energy. (HARD COPIES REC'D)
03/22/2012Response to Motion for Rehearing  Response to Rehearing filed on behalf of XTO Energy, Inc. (HARD COPIES RECEIVED)
02/16/2012Motion for Extension of Time disposed.Filing granted motion for extension of time to file Response to Motion for Rehearing granted.  Requested Response to Motion for Rehearing due no later than March 26, 2012. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED
02/13/2012Motion for Extension of Time to File Response  E-FILED  Unopposed motion for extension of time to file Response to Motion for Rehearing. On behalf of XTO Energy Inc.
02/09/2012Supreme Court of Texas Requested Response  Requested response to motion for rehearing due no later than 2/24/12.
02/05/2013Oral argument   argued on behalf of petitioner by Wesley D. Lloyd; argued on behalf of respondent by Charles Watson
02/05/2013Exhibits in case/cause filed  Respondent's Oral Argument exhibit filed on behalf of XTO Energy, Inc. (HARD COPIES REC'D)
01/17/2012Amicus Curiae Brief received  Amicus Curiae Brief of Texas Farm Bureau on Motion for Rehearing submitted by Andy McSwain, Fulbright Winniford, PO Box 445, Waco, TX 76703, Tel (254)776-6000.  (HARD COPIES REC'D)
01/10/2012Case forwarded to Court 
01/09/2013Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Wesley D. Lloyd.  
01/05/2012Motion for Rehearing  E-FILED  Motion for Rehearing filed on behalf of Homer Merriman.
01/05/2012Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time is granted.  Motion for Rehearing filed today, January 5, 2012.
01/05/2012Motion for Extension of Time to File Motion for Rehearing  E-FILED  Petitioner's Motion for Rehearing filed on behalf of Homer Merriman.
01/04/2012Description of document returned to Supreme Court  Postcard to pet's atty, Mr. Wesley David Lloyd.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
05/16/2014Case StoredCase stored.Row 10 G-5
10/25/2013Case StoredCase stored.G02 Row 22 F-3 (2 vols)
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Farm BureauAmicus CuriaeMr. Angus 'Andy' McSwain
Merriman, HomerPetitionerMr. Wesley David Lloyd
Mr. Joe B. Cannon
Mr. Steven "Greg" White
Texas Oil & Gas AssociationAmicus CuriaeMs. Lisa Hobbs
XTO Energy Inc.RespondentMr. Bobby L. Reed
Mr. Mike A. Hatchell
Mr. John Matthew Sjoberg
Mr. Charles R. 'Skip' Watson Jr.
Court of Appeals Information:
Affirmed  
___ SW3d ___, 05-11-11 
10th Court of Appeals 
Honorable Al Scoggins 
Trial Court Information
77th District Court 
Limestone 
Honorable Patrick H. Simmons 
28596-A