Supreme Court

Case: 11-0597    
11-0597
08/01/2011
Petition for Review/Cause under Tex. R. App. P. 59.1
LEXINGTON INSURANCE COMPANY, AS SUBROGEE OF BURR COMPUTER ENVIRONMENTS, INC. AND J. SUPOR AND SONS TRUCKING AND RIGGING CO. 
DAYBREAK EXPRESS, INC. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
10/11/2012Reply to Response to Motion for Rehearing filedRespondent Respondent Daybreak Express, Inc.’s Reply to Response to Motion for Rehearing on the Limited Issue of Attorney’s Fees under the Carmack Amendment.  (HARD COPIES REC'D)
10/01/2012Response to Motion for RehearingPetitioner Response to Motion for Rehearing filed on behalf of Lexington Insurance Company, et al.
09/14/2012Motion for RehearingRespondent's Motion for Rehearing of Cause filed Respondent Daybreak Express, Inc.’s Motion for Rehearing on the Limited Issue of Attorney’s Fees under the Carmack Amendment.
02/06/2012Brief on the MeritsRespondent E-FILED  Respondent Daybreak Express, Inc.'s Brief on the Merits. (hc rec'd)
01/18/2012Brief on the MeritsPetitioner EFILED Petitioner's Brief on the Merits filed on behalf of Lexington Ins. Co.  (HARD COPIES REC'D)
10/21/2011Response to PetitionRespondent E-FILED  Response to Petition for Review. On behalf of Daybreak Express, Inc.  HARD COPIES RECEIVED.
08/01/2011Appendix FiledPetitioner E-FILED  appendix attached
08/01/2011Petition for ReviewPetitioner E-FILED  Petition for Review filed on behalf of Lexington Insurance Company, et al. (HARD COPIES REC'D)
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/28/2011Case Record Filed   Electronic Record from the 14th Court of Appeals Received.
12/19/2011Record Requested in Case 
12/16/2011Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due 1/17/12; Response brief due 2/6/12; Reply brief due 2/21/12
11/07/2011Phone call from Clerk's Office  To Mr. Novak's office in re:  bound copies of response to pet/review.  Left message on voice mail for a call back.
10/25/2011Case forwarded to Court 
10/21/2011Response to Petition  E-FILED  Response to Petition for Review. On behalf of Daybreak Express, Inc.  HARD COPIES RECEIVED.
10/11/2012Reply to Response to Motion for Rehearing filed  Respondent Daybreak Express, Inc.’s Reply to Response to Motion for Rehearing on the Limited Issue of Attorney’s Fees under the Carmack Amendment.  (HARD COPIES REC'D)
10/01/2012Response to Motion for Rehearing  Response to Motion for Rehearing filed on behalf of Lexington Insurance Company, et al.
09/16/2011Motion for Extension of Time to File Response disposedFiling granted Response is due October 31, 2011. FURTHER REQUESTS FOR EXTENSION OF TIME WILL BE DISFAVORED.
09/16/2011Motion for Extension of Time to File Response  E-FILED: Unopposed Second Motion for Extension of Time to File Response to Petition for Review filed on behalf of Daybreak Express, Inc.
09/14/2012Case forwarded to Court 
09/14/2012Motion for Rehearing  Respondent Daybreak Express, Inc.’s Motion for Rehearing on the Limited Issue of Attorney’s Fees under the Carmack Amendment.
08/31/2012Court approved judgment sent to attorneys of recordIssued
08/31/2012Opinion issuedCourt of Appeals' judgment reversed & judgment rendered
08/31/2012Petition for Review disposedPetition granted pursuant to TRAP 59.1
08/31/2012Petition for Review granted under TRAP 59.1 
08/26/2011Phone call from Clerk's Office  To Mr. Smith's office to request 2 copies of pet efiled on 8/1/11 - His asst., Amber, says that they sent them, but i told her that we have not gotten them.  She will be sending another 2 copies today or Monday at the latest.
08/24/2011Motion for Extension of Time disposed.Filing granted Response is due September 30, 2011.
08/17/2011Motion for Extension of Time to File Response  E-FILED  Respondent Daybreak Express, Inc.'s Unopposed Motion to Extend Time to Respond to Petition for Review.  (HARD COPIES REC'D)
08/01/2011Appendix Filed  E-FILED  appendix attached
08/01/2011Petition for Review  E-FILED  Petition for Review filed on behalf of Lexington Insurance Company, et al. (HARD COPIES REC'D)
05/19/2014Case Stored - stored case location updated  Row 11 H-3
03/19/2013Case Stored  G02 Row 21 B-5
03/06/2013Mandate issued  Mandate & Cost Bill Issued
02/06/2012Brief on the Merits  E-FILED  Respondent Daybreak Express, Inc.'s Brief on the Merits. (hc rec'd)
01/25/2013Court approved judgment sent to attorneys of recordIssued
01/25/2013Opinion issuedCourt of Appeals' judgment reversed; remanded to Court of Appeals The Court's opinion and judgment issued August 31, 2012 are withdrawn and the opinion and judgment of this date are substituted.

Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court.
01/25/2013Motion for Rehearing Granted 
01/25/2013Motion for Rehearing - DisposedFiling granted in part
01/25/2013Judgment Withdrawn  Judgment issued August 31, 2012, withdrawn
01/25/2013Previous opinion withdrawn  Opinion issued August 31, 2012, withdrawn
01/18/2012Brief on the Merits  EFILED Petitioner's Brief on the Merits filed on behalf of Lexington Ins. Co.  (HARD COPIES REC'D)
01/18/2012Phone call from Clerk's Office  Requested that the Petitioner's Brief on the Merits be resubmitted as one combined document.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
03/19/2013Case StoredCase stored.G02 Row 21 B-5
05/19/2014Case StoredCase stored.Row 11 H-3
Parties
Party▲▼Party Type▲▼Representative▲▼
Lexington Insurance CompanyPetitionerMr. Loren R. Smith
Daybreak Express, Inc.RespondentMr. Daniel Lee Fulkerson
Mr. Scott B. Novak
Court of Appeals Information:
Aff/Pt and Rev & Rem/Pt 
417 SW3d 634, 10-15-13 
14th Court of Appeals 
Honorable William J. Boyce 
Trial Court Information
333rd District Court 
Harris 
Honorable Joseph Halbach 
2005-01530