Supreme Court

Case: 12-0772    
12-0772
09/24/2012
Petition for Review/Cause under Rule 53.1
ZACHRY CONSTRUCTION CORPORATION 
PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, TEXAS 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
11/07/2014Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter Brief of Dallas/Fort Worth International Airport Board in support of Respondent Port of Houston Authority. Submitted by Robert B. Caput, Legal Counsel of DFW Int'l Airport Board of Dallas, Texas.
10/28/2014Amended Brief filedReceived (instead of filed) Amended Brief of the City of Dallas, Amicus Curiae, in Support of the Port Authority of Harris County's Motion for Rehearing.
10/27/2014Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter of City of Fort Worth, Texas in support of Port of Houston Authority of Harris Co.'s Motion for Rehearing. Submitted by Christopher B. Mosley, Sr. Assistant City Attorney.
10/24/2014Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief in Support of the Motion for Rehearing filed on behalf of the City of Dallas.
10/22/2014Amicus Curiae Brief receivedAmicus Curiae Amicus Curiae Brief in Support of the Motion for Rehearing filed on behalf of the City of Houston.
10/22/2014Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter Brief of Travis County Attorney’s Office in support of Respondent, Port of Houston Auth. Submitted by Andrew M. Williams of County Attorney, Travis County of Austin, Texas
10/20/2014Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter in Support of the Motion for Rehearing filed on behalf of The Texas Municipal League.
10/17/2014Amicus Curiae Brief received  Amicus Curiae Brief in Support of Motion for Rehearing filed on behalf of Texas Association of School Boards Legal Assistance Fund.
10/16/2014Amicus Curiae Brief receivedAmicus Curiae Amicus Curiae Brief in Support of Motion for Rehearing filed on behalf of the Texas Conference of Urban Counties, et al.
10/15/2014Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Respondent the Port of Houston Authority of Harris County, Texas
11/14/2013Post submission brief filedReceived (instead of filed) Post-Submission Amicus Letter filed on behalf of General Contractors of Texas, Inc.
11/14/2013Post submission brief filedPetitioner Post-submission letter brief filed on behalf of Zachry Construction Corp. (HARD COPIES REC'D)
11/13/2013Post submission brief filedRespondent Post Submission Brief filed on behalf of Port of Houston Authority of Harris County, Texas.
11/12/2013Post submission brief filedPetitioner Post Submission Letter Brief filed on behalf of Zachry Construction Corporation. (HARD COPIES REC'D)
11/07/2013Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of Dallas/Fort Worth International Airport Board. (Hard Copies Received)
11/05/2013Exhibits in case/cause filedPetitioner Petitioner Zachry Construction Corporation’s Oral Argument Exhibits  (HARD COPIES REC'D)
11/05/2013Exhibits in case/cause filedRespondent Oral Argument Exhibits filed on behalf of Port of Houston Authority of Harris County, Texas.  (HARD COPIES REC'D)
10/29/2013Response to Amicus Curiae Brief filedPetitioner Consolidated Response to the Port's Amicus Briefs filed on behalf of Zachry Construction Corp. (HARD COPIES REC'D)
10/28/2013Amicus Curiae Letter ReceivedReceived (instead of filed) Amici Letter to the Supreme Court of Texas filed on behalf of City of Arlington, Texas and City of Dallas, Texas, submitted by Mr. Robert Fugate, City of Arlington City Attorney's Office, P.O. Box 90231, Arlington, TX  76004, Phone (817) 459-6878, Fax (817) 459-6897.  (HARD COPIES REC'D)
10/24/2013Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief filed on behalf of the City of Forth Worth.  Submitted by Christopher B. Mosley, City of Fort Worth, Texas, 1000 Throckmorton St., Fort Worth, Texas 76102, Tel: (817) 392-7600.  (HARD COPIES REC'D)
10/22/2013Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curaie Brief in support of Respondent Port of Houston Authority filed on behalf of Travis County, Texas. (Hard Copies Recieved)
10/09/2013Amicus Curiae Brief receivedReceived (instead of filed) Brief of Harris County, Texas as Amicus Curiae in Support of Respondent Port of Houston Authority, submitted by Mr. Bruce S. Powers, Asst. County Atty., 1019 Congress, 15th Floor, Houston, TX  77002, Phone (713) 274-5144, Fax (713) 755-8924. (HARD COPIES REC'D)
10/04/2013Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Texas Conference of Urban Counties, et al.  Submitted by John B. Dahill,  State Bar No. 05310430, 500 W. 13th Street, Austin, Texas 78701, (512) 476-6174.  (HARD COPIES REC'D)
10/01/2013Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of Texas Municipal League, et al. Submitted by Heather Mahurin, Legal Counsel, Texas Municipal League.  (HARD COPIES REC'D)
09/27/2013Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of  City of Houston submitted by Malinda York Crouch Sr. Assistant City Attorney, State Bar No.: 22165000,  900 Bagby, 4th Floor, Houston, Texas 77002, 832.393.6462, 832.393.6259 (Fax), malinda.crouch@houstontx.gov (HARD COPIES REC'D)
09/18/2013Response to Brief filedRespondent Brief of Port of Houston Responding to Zachry’s 11 Amicus Briefs and Zachry’s Brief of September 13, 2013.  (HARD COPIES REC'D)
09/13/2013Surreply filedPetitioner Reply to Sur-Reply Brief filed on behalf of Zachry Construction Corp.  (HARD COPIES REC'D)
08/14/2013Surreply filedRespondent Surreply to Reply Brief on the Merits filed on behalf of Port of Houston Authority of Harris County, Texas.  (HARD COPIES REC'D)
08/09/2013Reply BriefPetitioner Reply brief on the merits filed on behalf of Zachry Construction Corporation. (HARD COPIES REC'D)
07/22/2013Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Texas Conference of Urban Counties submitted by John B. Dahill General Counsel, Texas Conference of Urban Counties, 500 W. 13th Street, Austin, Texas 78701, (512) 476-6174, (512) 476-5122 facsimile, john@cuc.org, State Bar No. 05310430.  HARD COPIES RECEIVED.
07/10/2013Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Port of Houston Authority of Harris County, TX.  HARD COPIES RECEIVED.
06/10/2013Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Associated General Contractors of Texas, Inc. Submitted by Joe F. Canterbury, Jr. of Canterbury Elder Gooch Surratt Shapiro & Stein PC of Dallas, Texas. (HARD COPIES REC'D)
05/20/2013Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Zachry Construction Corp.  (HARD COPIES REC'D)
04/01/2013Surreply filedPetitioner Reply to Respondent's Sur-Reply to Petition for Review. On behalf of Zachry Construction Corporation.  (HARD COPIES REC'D)
03/28/2013Surreply filedRespondent Sur-Reply to Petition for Review filed on behalf of Respondent Port of Houston Authority of Harris County, Texas.  (HARD COPIES REC'D)
03/26/2013Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Zachry Construction Corp.(HARD COPIES REC'D)
02/19/2013Response to PetitionRespondent Response to Petition filed on behalf of Port of Houston Authority of Harris County, Texas.  HARD COPIES RECEIVED.
10/24/2012Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of The American Subcontractors Association, Inc.  (HARD COPIES REC'D)
10/17/2012Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of the National Systems Contractors Association.  (HARD COPIES REC'D)
10/15/2012Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of Electrical Contractors Association.
10/15/2012Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Brief of Associated General Contractors-Texas Building Branch. Submitted by Corbin Van Arsdale of AGC-Texas Building Branch of Austin, Texas.(HARD COPIES REC'D)
10/02/2012Amicus Curiae Letter ReceivedReceived (instead of filed) Brief of Amicus Curiae Associated Builders and Contractors of Texas in support of Petition for Review. Submitted by R. Wes Johnson of Gardner Law Firm, San Antonio, Texas.  (HARD COPIES REC'D)
10/01/2012Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter of Zurich Surety submitted by Michael Keeley of Strasburger & Price, LLP, Dallas Texas.  (HARD COPIES REC'D)
09/28/2012Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter Brief of Texans for Lawsuit Reform in support of Petitioner. Submitted by Hugh Rice Kelly.  (HARD COPIES REC'D)
09/27/2012Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter filed on behalf of Associated General Contractors of Texas, Inc., submitted by Mr. Joe F. Canterbury, Jr., Canterbury Elder Gooch Surratt Shapiro & Stein, 5005 LBJ Freeway, Suite 1000, Dallas, TX.  75244 (HARD COPIES REC'D)
09/26/2012Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter Brief of Texas Civil Justice League submitted by GEORGE S. CHRISTIAN, State Bar No. 04227300, 400 West 15th Street, Suite 400, Austin, Texas 78701. 512.791.1429  (HARD COPIES REC'D)
09/26/2012Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter Brief of Texas Aggregates and Concrete Association in support of Petitioner. Submitted by Jose E. de la Fuente of Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue Suite 1900, Austin Texas 78701,  (512) 322-5800.  (HARD COPIES REC'D)
09/24/2012Petition for ReviewPetitioner Petition for Review filed on behalf of Zachry Construction Corp.  (HARD COPIES REc'D)
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/21/2012MET to file reply disposed ofFiling granted 2nd Motion for Extension of Time to file Reply is granted. Reply is due on March 26, 2013. NO FURTHER EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED.
12/21/2012Motion for Extension of Time disposed.Filing granted 2nd Motion for Extension of Time to file Response is granted. Response is due February 18, 2013. NO FURTHER EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED.
12/21/2012Motion to Extend Time to File Reply filed  2nd Motion to Extend Time to file Reply (incorp. with Response to 2nd Motion to Extend Time to file Response). On behalf of Zachry Construction Corp.
12/21/2012Response to Motion filed  Response to Port of Houston's 2nd Motion to Extend Time to file Response (incorporated with 2nd Motion to Extend Time to file Reply). On behalf of Zachry Construction Corp.
12/20/2012Motion for Extension of Time to File Response  Second Motion for Extension of Time to file Response to Petition for Review. On behalf of Port of Houston Authority of Harris County, Texas.
12/20/2012Phone call from Clerk's Office  Call made to both parties to inform them that the Court internal procedures grants motions up to 30days. So, the Court granted both motions up to 30days. If they want more time, they can file a second motion.
12/19/2014Mandate issued  Mandate & Cost Bill Issued
12/19/2014Motion for Rehearing - DisposedDenied
12/18/2012MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply is granted. Reply is due on March 20, 2013. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
12/18/2012Motion for Extension of Time disposed.Filing granted Motion for Extensions of Time to file Response is granted. Requested Response is due on February 1, 2013. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
12/12/2012Motion to Extend Time to File Reply filed  Agreed Motion for Extensions of Time to file Reply (INCORPORATED with motion to extend time to file Response). On behalf of Respondent, Port of Houston Authority and Petitioner Zachry Construction.
12/12/2012Motion for Extension of Time to File Response  Agreed Motion for Extensions of Time to file Response (INCORPORATED with motion to extend time to file Reply). On behalf of Respondent, Port of Houston Authority and Petitioner Zachry Construction.
11/30/2012Supreme Court of Texas Requested Response  Requested response to petition for review due no later than 1/2/13.
11/14/2013Post submission brief filed  Post-Submission Amicus Letter filed on behalf of General Contractors of Texas, Inc.
11/14/2013Post submission brief filed  Post-submission letter brief filed on behalf of Zachry Construction Corp. (HARD COPIES REC'D)
11/13/2013Post submission brief filed  Post Submission Brief filed on behalf of Port of Houston Authority of Harris County, Texas.
11/12/2013Post submission brief filed  Post Submission Letter Brief filed on behalf of Zachry Construction Corporation. (HARD COPIES REC'D)
11/07/2014Amicus Curiae Letter Received  Amicus Curiae Letter Brief of Dallas/Fort Worth International Airport Board in support of Respondent Port of Houston Authority. Submitted by Robert B. Caput, Legal Counsel of DFW Int'l Airport Board of Dallas, Texas.
11/07/2013Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of Dallas/Fort Worth International Airport Board. (Hard Copies Received)
11/06/2013Oral argument   argued on behalf of petitioner by Douglas W. Alexander; argued on behalf of respondent by Marie R. Yeates
11/05/2013Exhibits in case/cause filed  Petitioner Zachry Construction Corporation’s Oral Argument Exhibits  (HARD COPIES REC'D)
11/05/2013Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Port of Houston Authority of Harris County, Texas.  (HARD COPIES REC'D)
10/30/2012Case forwarded to Court 
10/29/2013Certification (various) in case received  Supplemental Certificate of Conference filed on behalf of Zachry Construction Corp. (HARD COPIES REC'D)
10/29/2013Response to Amicus Curiae Brief filed  Consolidated Response to the Port's Amicus Briefs filed on behalf of Zachry Construction Corp. (HARD COPIES REC'D)
10/28/2014Amended Brief filed  Amended Brief of the City of Dallas, Amicus Curiae, in Support of the Port Authority of Harris County's Motion for Rehearing.
10/28/2013Amicus Curiae Letter Received  Amici Letter to the Supreme Court of Texas filed on behalf of City of Arlington, Texas and City of Dallas, Texas, submitted by Mr. Robert Fugate, City of Arlington City Attorney's Office, P.O. Box 90231, Arlington, TX  76004, Phone (817) 459-6878, Fax (817) 459-6897.  (HARD COPIES REC'D)
10/27/2014Amicus Curiae Letter Received  Amicus Letter of City of Fort Worth, Texas in support of Port of Houston Authority of Harris Co.'s Motion for Rehearing. Submitted by Christopher B. Mosley, Sr. Assistant City Attorney.
10/24/2014Amicus Curiae Brief received  Amicus Curiae Brief in Support of the Motion for Rehearing filed on behalf of the City of Dallas.
10/24/2013Amicus Curiae Brief received  Amicus Brief filed on behalf of the City of Forth Worth.  Submitted by Christopher B. Mosley, City of Fort Worth, Texas, 1000 Throckmorton St., Fort Worth, Texas 76102, Tel: (817) 392-7600.  (HARD COPIES REC'D)
10/24/2012Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of The American Subcontractors Association, Inc.  (HARD COPIES REC'D)
10/22/2014Amicus Curiae Brief received  Amicus Curiae Brief in Support of the Motion for Rehearing filed on behalf of the City of Houston.
10/22/2014Amended Certificate  Amended Certificate of Service of Brief of Amicus Curiae City of Houston in Support of Motion for Rehearing.
10/22/2014Amicus Curiae Letter Received  Amicus Letter Brief of Travis County Attorney’s Office in support of Respondent, Port of Houston Auth. Submitted by Andrew M. Williams of County Attorney, Travis County of Austin, Texas
10/22/2013Amicus Curiae Brief received  Amicus Curaie Brief in support of Respondent Port of Houston Authority filed on behalf of Travis County, Texas. (Hard Copies Recieved)
10/20/2014Amicus Curiae Letter Received  Amicus Curiae Letter in Support of the Motion for Rehearing filed on behalf of The Texas Municipal League.
10/17/2014Amicus Curiae Brief received  Amicus Curiae Brief in Support of Motion for Rehearing filed on behalf of Texas Association of School Boards Legal Assistance Fund.
10/17/2012Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of the National Systems Contractors Association.  (HARD COPIES REC'D)
10/16/2014Amicus Curiae Brief received  Amicus Curiae Brief in Support of Motion for Rehearing filed on behalf of the Texas Conference of Urban Counties, et al.
10/15/2014Case forwarded to Court 
10/15/2014Motion for Rehearing  Motion for Rehearing filed on behalf of Respondent the Port of Houston Authority of Harris County, Texas
10/15/2012Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of Electrical Contractors Association.
10/15/2012Amicus Curiae Letter Received  Amicus Curiae Brief of Associated General Contractors-Texas Building Branch. Submitted by Corbin Van Arsdale of AGC-Texas Building Branch of Austin, Texas.(HARD COPIES REC'D)
10/09/2013Amicus Curiae Brief received  Brief of Harris County, Texas as Amicus Curiae in Support of Respondent Port of Houston Authority, submitted by Mr. Bruce S. Powers, Asst. County Atty., 1019 Congress, 15th Floor, Houston, TX  77002, Phone (713) 274-5144, Fax (713) 755-8924. (HARD COPIES REC'D)
10/04/2013Amicus Curiae Brief received  Amicus Brief of Texas Conference of Urban Counties, et al.  Submitted by John B. Dahill,  State Bar No. 05310430, 500 W. 13th Street, Austin, Texas 78701, (512) 476-6174.  (HARD COPIES REC'D)
10/02/2013Document filed (see remarks)  CD containing audio/video from hearing identified in Paragraphs 2 and 3 of Unopposed Motion for Judicial Notice of Legislative History of Civil Practice and Remedies Ch. 114.
10/02/2013Miscellaneous Motion  Unopposed Motion for Judcial Notice of Legislative History of Civil Practive and Remedies Code Chptr. 114 filed on behalf of the Port of Houston Authority of Harris County, Texas.
10/02/2012Amicus Curiae Letter Received  Brief of Amicus Curiae Associated Builders and Contractors of Texas in support of Petition for Review. Submitted by R. Wes Johnson of Gardner Law Firm, San Antonio, Texas.  (HARD COPIES REC'D)
10/01/2013Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of Texas Municipal League, et al. Submitted by Heather Mahurin, Legal Counsel, Texas Municipal League.  (HARD COPIES REC'D)
10/01/2013Oral Argument Submission Form from Attorney received  Oral Argument Submission form filed on behalf of Port of Houston Authority of Harris County, Texas.
10/01/2012Amicus Curiae Letter Received  Amicus Curiae Letter of Zurich Surety submitted by Michael Keeley of Strasburger & Price, LLP, Dallas Texas.  (HARD COPIES REC'D)
09/28/2012Amicus Curiae Letter Received  Amicus Letter Brief of Texans for Lawsuit Reform in support of Petitioner. Submitted by Hugh Rice Kelly.  (HARD COPIES REC'D)
09/28/2012Phone call from Clerk's Office  Left message for Ms. Pethick.  Requested Motion to Appear Pro Hac Vice with acceptance letter from the Board of Law Examiners, and Motion in Support.  Requested call back.
09/27/2013Amicus Curiae Brief received  Amicus Brief of  City of Houston submitted by Malinda York Crouch Sr. Assistant City Attorney, State Bar No.: 22165000,  900 Bagby, 4th Floor, Houston, Texas 77002, 832.393.6462, 832.393.6259 (Fax), malinda.crouch@houstontx.gov (HARD COPIES REC'D)
09/27/2012Amicus Curiae Letter Received  Amicus Curiae Letter filed on behalf of Associated General Contractors of Texas, Inc., submitted by Mr. Joe F. Canterbury, Jr., Canterbury Elder Gooch Surratt Shapiro & Stein, 5005 LBJ Freeway, Suite 1000, Dallas, TX.  75244 (HARD COPIES REC'D)
09/26/2014Miscellaneous motion disposed. See Remarks.Filing granted Unopposed Motion to Increase Word-Count Limit for Motion for Rehearing granted
09/26/2012Amicus Curiae Letter Received  Amicus Letter Brief of Texas Civil Justice League submitted by GEORGE S. CHRISTIAN, State Bar No. 04227300, 400 West 15th Street, Suite 400, Austin, Texas 78701. 512.791.1429  (HARD COPIES REC'D)
09/26/2012Amicus Curiae Letter Received  Amicus Letter Brief of Texas Aggregates and Concrete Association in support of Petitioner. Submitted by Jose E. de la Fuente of Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue Suite 1900, Austin Texas 78701,  (512) 322-5800.  (HARD COPIES REC'D)
09/24/2012Petition for Review  Petition for Review filed on behalf of Zachry Construction Corp.  (HARD COPIES REc'D)
09/18/2013Response to Brief filed  Brief of Port of Houston Responding to Zachry’s 11 Amicus Briefs and Zachry’s Brief of September 13, 2013.  (HARD COPIES REC'D)
09/13/2013Surreply filed  Reply to Sur-Reply Brief filed on behalf of Zachry Construction Corp.  (HARD COPIES REC'D)
09/03/2013Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Douglas W. Alexander.
09/02/2014Miscellaneous Motion  Unopposed Motion to increase word-count limit for Motion for Rehearing filed on behalf of the Port of Houston Authority of Harris County, Texas.
09/02/2014Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time is granted.  Motion for Rehearing is due October 15, 2014.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
09/02/2014Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Port of Houston Authority of Harris County, Texas.
08/30/2013Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., November 6, 2013.  Time allotted to argue: 20/20 minutes.
08/29/2014Miscellaneous motion disposed. See Remarks.Filing dismissed as moot Port of Houston's Unopposed Motion for Judicial Notice of Legislative History of Civil Practice and Remedies Code Ch. 114 dismissed as moot
08/29/2014Miscellaneous motion disposed. See Remarks.Filing dismissed as moot Zachry's Motion for Judicial Notice of Legislative History of Local Gov't Code Chapter 271, Subchapter I dismissed as moot
08/29/2014Miscellaneous motion disposed. See Remarks.Filing dismissed as moot Port of Houston's Unopposed Motion for Judicial Notice of Legislative History of Local Gov't Code Chapter 271, Subchapter I dismissed as moot
08/29/2014Court approved judgment sent to attorneys of recordIssued
08/29/2014Dissenting opinion issued.Issued Justice Boyd delivered a dissenting opinion, in which Justice Johnson, Justice Willett, and Justice Lehrmann joined.
08/29/2014Opinion issuedCourt of Appeals' judgment reversed; remanded to Court of Appeals The Court reverses the court of appeals' judgment and remands the case to that court. Chief Justice Hecht delivered the opinion of the Court, in which Justice Green, Justice Guzman, Justice Devine, and Justice Brown joined.
(8/29/2014 1:51:24 PM) 120772.pdf, 12-0772.jmt.pdf, 120772d.pdf
08/23/2013Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
08/23/2013Petition for Review granted 
08/14/2013Surreply filed  Surreply to Reply Brief on the Merits filed on behalf of Port of Houston Authority of Harris County, Texas.  (HARD COPIES REC'D)
08/14/2013Letter Filed  Letter addresses two legislative history transcripts.  Filed on behalf of Zachry Constr. Corp.
08/09/2013Miscellaneous Motion  Motion for Judicial Notice of Legislative History of Local Gov't Code Chapter 271, Subchapter I.
08/09/2013Reply Brief  Reply brief on the merits filed on behalf of Zachry Construction Corporation. (HARD COPIES REC'D)
08/09/2013Notice of Appearance  Notice of Appearance filed on behalf of Zachry Construction Corporation.
07/22/2013Amicus Curiae Brief received  Amicus Brief of Texas Conference of Urban Counties submitted by John B. Dahill General Counsel, Texas Conference of Urban Counties, 500 W. 13th Street, Austin, Texas 78701, (512) 476-6174, (512) 476-5122 facsimile, john@cuc.org, State Bar No. 05310430.  HARD COPIES RECEIVED.
07/15/2013Letter Filed  Letter and submission of audio of hearings before the House Committee on Civil Practices on HB 2039.  Hearings took place on March 30, 2005 and April 7, 2005.  Filed on behalf of Port of Houston Authority.  
07/10/2013Miscellaneous Motion  Unopposed Motion for Judicial Notice of Legislative History of Local Gov't Code Chapter 271, Subchapter I.    Filed on behalf of Port of Houston Authority of Harris County, Texas.
07/10/2013Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Port of Houston Authority of Harris County, TX.  HARD COPIES RECEIVED.
06/10/2013Amicus Curiae Brief received  Amicus Curiae Brief of Associated General Contractors of Texas, Inc. Submitted by Joe F. Canterbury, Jr. of Canterbury Elder Gooch Surratt Shapiro & Stein PC of Dallas, Texas. (HARD COPIES REC'D)
05/21/2013Motion for Extension of Time disposed.Filing granted Unopposed Conditional Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Zachry Construction has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief on the Merits due August 9, 2013.
05/21/2013Motion for Extension of Time to File Brief filed  Unopposed Conditional Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Zachry Construction.
05/21/2013Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondent's Brief on the Merits is Granted. Further requests for extensions of time will be disfavored. Respondent's brief is due July 10, 2013; Reply brief is due July 25, 2013.
05/21/2013Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Brief on the Merits filed on behalf of Port of Houston Authority of Harris County, Texas.
05/20/2013Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Zachry Construction Corp.  (HARD COPIES REC'D)
05/15/2013Case Record Filed   Electronic Appellate Record received.
05/01/2013Miscellaneous motion disposed. See Remarks.Denied Unopposed Motion to Increase Word-Count Limit for Briefs on the Merits denied
04/22/2013Motion for Extension of Length of Brief filed  Unopposed Motion to Increase Word-Count Limit for Briefs on the Merits. Filed on behalf of Port of Houston Authority of Harris County.
04/22/2013Record Requested in Case 
04/19/2013Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than 5/20/13; Response brief due 6/10/13; Reply brief due 6/25/13.
04/01/2013Surreply filed  Reply to Respondent's Sur-Reply to Petition for Review. On behalf of Zachry Construction Corporation.  (HARD COPIES REC'D)
03/28/2013Surreply filed  Sur-Reply to Petition for Review filed on behalf of Respondent Port of Houston Authority of Harris County, Texas.  (HARD COPIES REC'D)
03/26/2013Reply to Response  Reply in Support of Petition for Review filed on behalf of Zachry Construction Corp.(HARD COPIES REC'D)
02/20/2013Letter Filed  For the Court's convenience, enclosed are twelve CD's containing the audio/video file cited in Response to Petition for Review previoulsy filed.  HARD COPY OF LETTER & 10 COPIES OF CD REC'D.
02/19/2013Response to Petition  Response to Petition filed on behalf of Port of Houston Authority of Harris County, Texas.  HARD COPIES RECEIVED.
01/27/2015Case Stored  G02 Row 14 D-2
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
01/27/2015Case StoredCase stored.G02 Row 14 D-2
Parties
Party▲▼Party Type▲▼Representative▲▼
The American Subcontractors Association, Inc.Amicus CuriaeMr. Richard Gary Thomas
Zachry Construction CorporationPetitionerMs. Sydney Gibbs Ballesteros
Mr. Brandon Trent Allen
Mr. Douglas W. Alexander
Ms. Amanda Bowman Nathan  
Ms. Jennifer Horan Greer
Mr. Robin C. Gibbs
Mr. Michael R. Absmeier  
Texas Association of School Boards Legal Assistance FundAmicus CuriaeMr. Brendan K. McBride
Dallas/Fort Worth International Airport BoardAmicus CuriaeMr. Robert Caput  
City of Dallas, TexasAmicus CuriaeMr. Charles Steven Estee
Associated General Contractors of Texas, Inc.Amicus CuriaeMr. Joe F. Canterbury Jr.
City of Arlington, TexasAmicus CuriaeMr. Robert H. Fugate
Texas Civil Justice LeagueAmicus CuriaeMr. George S. Christian
Port of Houston Authority of Harris County, TexasRespondentMs. Karen Tucker White  
Mr. Michael A. Heidler
Ms. Marianne M. Auld
Ms. Catherine 'Cathy' B. Smith
Ms. Marie R. Yeates
Mr. William Sims Jr.
Mr. David Hurst Brown
Mr. David E. Keltner
Mr. Lawrence J. Fossi
Travis County, TexasAmicus CuriaeMr. David A. Escamilla
Ms. Sherine Elizabeth Thomas
Associated General Contractors-Texas Building BranchAmicus CuriaeMr. James Corbin Van Arsdale
Texans for Lawsuit ReformAmicus CuriaeMr. Hugh Rice Kelly
City of HoustonAmicus CuriaeMr. David M. Feldman
Ms. Malinda York Crouch
Ms. Judith Lee Ramsey
Ms. Mary Beth Stevenson  
Electrical Contractors AssociationAmicus CuriaeMr. Vincent Marable III
Texas Municipal LeagueAmicus CuriaeMs. Heather M. Lockhart  
Zurich SuretyAmicus CuriaeMr. Michael Keeley
Harris County, TexasAmicus CuriaeMr. Bruce S. Powers
Mr. Vincent R. Ryan Jr.
Associated Builders and Contractors of TexasAmicus CuriaeMr. R. Wes Johnson
Travis County Attorney’s OfficeAmicus CuriaeMr. Andrew M. Williams
Texas Conference of Urban CountiesAmicus CuriaeMr. John B. Dahill  
City of Fort Worth, TexasAmicus CuriaeMr. Christopher Bedford Mosley
Texas Aggregates and Concrete AssociationAmicus CuriaeMr. Jose E. De La Fuente
Court of Appeals Information:
Reverse & Render 
377 SW3d 841, 08-09-12 
14th Court of Appeals 
Honorable Sharon Sue Mccally 
Trial Court Information
151st District Court 
Harris 
Honorable Michael C. Engelhart 
2006-72970