Supreme Court

Case: 12-0206    
12-0206
03/09/2012
Petition for Writ of Mandamus
IN RE FRANK E. FOSTER, JR. AND FEF FAMILY LIMITED PARTNERSHIP 
 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
04/12/2012Response to Reply filedRelator Response to Surreply filed on behalf of Frank E. Foster, Jr. and FEF Family Limited Partnership.  (HARD COPIES REC'D)
04/10/2012Surreply filedReal Parties in Interest Sur-Reply filed on behalf of Southern Crushed Concrete, LLC.  (HARD COPIES REC'D)
03/26/2012Reply to ResponseRelator Reply in Support of Petition for Writ of Mandamus filed on behalf of Frank E. Foster, Jr., et al. (HARD COPIES RECEIVED)
03/22/2012Response to Petition for Writ of Mandamus FiledReal Parties in Interest Response to Mandamus filed on behalf of Southern Crushed Concrete, LLC.  HARD COPIES RECEIVED.
03/09/2012Appendix FiledRelator Attached to Petition
03/09/2012Petition for Writ of Mandamus filedRelator Petition, appendix attached, filed on behalf of Frank E. Foster, et al.  (HARD COPIES REC'D)
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
08/24/2012Case Stored  Row 21 G-1
08/03/2012Petition for Writ of Mandamus disposedDismissed
08/03/2012Motion to dismiss disposedFiling granted unopposed motion to dismiss petition for writ of mandamus granted
08/03/2012Motion to Stay DisposedFiling dismissed as moot motion for temporary relief and stay dismissed as moot
07/27/2012Motion to dismiss  Relators' unopposed motion to dismiss petition for writ of mandamus. On behalf of Frank E. Foster, Jr., et al.
07/17/2012Call received  Call received from relator's attorney, Penelope Nicholson, to inform the Court that parties have settled and a motion to dismiss will be filed soon.
07/13/2012Phone call from Clerk's Office  Call made to relator's attorney, Penelope Nicholson, to inquire on status of the case regarding letter of pending settlement filed 5/10/12.  Informed Ms. Nicholson that the Court wants to know the status of the case or when we can expect a motion to dismiss.  She plans on calling back after she talks to other counsel.
05/21/2014Case Stored - stored case location updated  Row 11 C-5
05/10/2012Letter Filed  Letter from relator to notify the Court of pending settlement of underlying litigation.  Relators will file a motion to dismiss  once settlement is consummated.
05/10/2012Call received  From Ms. Penelope Nicholson, atty for rel, called to inform the Court that they have tentatively reached an agreement.  They will be efilling a letter to that effect and as soon as everything is finalized they will be efiling their mo/dismiss.
04/12/2012Supplement to Clerk's/Reporter's Record  Supplemental Record filed on behalf of Frank E. Foster, Jr. and FEF Family Limited Partnership.  (HARD COPIES REC'D)
04/12/2012Response to Reply filed  Response to Surreply filed on behalf of Frank E. Foster, Jr. and FEF Family Limited Partnership.  (HARD COPIES REC'D)
04/10/2012Surreply filed  Sur-Reply filed on behalf of Southern Crushed Concrete, LLC.  (HARD COPIES REC'D)
03/26/2012Reply to Response  Reply in Support of Petition for Writ of Mandamus filed on behalf of Frank E. Foster, Jr., et al. (HARD COPIES RECEIVED)
03/22/2012Supplement to Clerk's/Reporter's Record  E-FILED  Supplemental Clerk's Record filed on behalf of Real Party in Interest, Southern Crushed Concrete, LLC.  HARD COPY RECEIVED.
03/22/2012Response to Petition for Writ of Mandamus Filed  Response to Mandamus filed on behalf of Southern Crushed Concrete, LLC.  HARD COPIES RECEIVED.
03/13/2012Reply to Response to Motion  E-FILED  Relators Frank E. Foster, Jr., et al.'s Reply to Response to Motion for Temporary Relief and Stay. (HARD COPIES REC'D)
03/12/2012Call received  Ms. Nicholson informed the Court that they will be submitting a bookmarked version of their record, and a reply to the response.
03/12/2012Response to Motion filed  E-FILED  Real Party in Interest, Southern Crushed Concrete, LLC's Response to Relators’ Motion for Temporary Relief and Stay. (HARD COPIES REC'D)
03/12/2012Supreme Court of Texas Requested Response  Requested response to both the motion and petition due no later than 3/22/12.
03/09/2012Case Record Filed   Record filed on behalf of Frank E. Foster, Jr. and FEF Family Limited Partnership. (2 VOLUMES REC'D)
03/09/2012Motion to Stay Filed   Motion to Stay filed on behalf of Frank E. Foster, Jr. (HARD COPIES REC'D)
03/09/2012Appendix Filed  Attached to Petition
03/09/2012Petition for Writ of Mandamus filed  Petition, appendix attached, filed on behalf of Frank E. Foster, et al.  (HARD COPIES REC'D)
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
05/21/2014Case StoredCase stored.Row 11 C-5
08/24/2012Case StoredCase stored.Row 21 G-1
Parties
Party▲▼Party Type▲▼Representative▲▼
Southern Crushed Concrete, LLCReal Party in Interest Ms. Ellen Austin Vecchio
Mr. Charles B. McFarland
Mr. John H. McFarland
Foster, Jr., Frank E.RelatorMr. D. Scott Funk
Mr. J. Cary Gray
Mr. H. Dixon Montague
Ms. Penelope E. Nicholson
Ms. Marie R. Yeates
Court of Appeals Information:
Denied 
___ SW3d ___, 02-23-12 
1st Court of Appeals 
Honorable Per Curiam 
Trial Court Information
133rd District Court 
Harris 
Honorable Jaclanel M. McFarland 
2010-38021