Supreme Court

Case: 13-0042    
13-0042
01/18/2013
Petition for Review/Cause under Rule 53.1
GENIE INDUSTRIES, INC. 
RICKY MATAK, BELINDA MATAK AND MISTY SONNIER, AS REPRESENTATIVE OF THE ESTATE OF WALTER PETE LOGAN MATAK, DECEASED 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
10/21/2014Post submission brief filedRespondent Post-Submission Letter Brief filed on behalf of Ricky Matak, Belinda Matak, and Misty Sonnier, as the Representative of the Estate of Walter Pete Logan Matak, Deceased.
09/26/2014Post submission brief filedPetitioner Post-submission letter brief filed on behalf of Genie Industries, Inc.
09/16/2014Exhibits in case/cause filedPetitioner Petitioner's Bench Exhibit filed on behalf of Genie Industries, Inc.
02/05/2014Reply BriefPetitioner Petitioner's Reply Brief on the Merits filed on behalf of Genie Industries, Inc.
12/20/2013Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Ricky Matak, et al.  (HARD COPIES REC'D)
10/25/2013Brief on the MeritsPetitioner Petitioner Brief on the Merits filed on behalf of Genie Industries, Inc.  (HARD COPIES REC'D)
08/20/2013Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Genie Industries, Inc. (HARD COPIES REC'D)
07/01/2013Response to PetitionRespondent Response to Petition for Review filed on behalf of Ricky Matak, et al. (HARD COPIES REC'D)
04/17/2013Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter of Texas Association of Defense Counsel in Support Petition for Review. Submitted by Roger W. Hughes of Adams & Graham LLP of Harlingen, Texas.  HARD COPIES RECEIVED.
04/12/2013Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Association of Equipment Manufacturers.  Submitted by Jane M.N. Webre, State Bar No. 21050060, jwebre@scottdoug.com, Scott, Douglass & McConnico, L.L.P., 600 Congress Avenue, Suite 1500, Austin, Texas 78701,Tel (512) 495-6300.
02/28/2013Petition for ReviewPetitioner Petition for Review filed on behalf of Genie Industries, Inc.  HARD COPIES RECEIVED.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
07/16/2015Case Stored  G02 Row 14 G-1
06/18/2015Mandate issued  Mandate & Cost Bill Issued
05/08/2015Court approved judgment sent to attorneys of recordIssued
05/08/2015Dissenting opinion issued.Issued Justice Boyd delivered a dissenting opinion, in which Justice Lehrmann and Justice Devine joined.
05/08/2015Opinion issuedCourt of Appeals' judgment reversed & judgment rendered The Court reverses the court of appeals' judgment and renders judgment.  Chief Justice Hecht delivered the opinion of the Court, in which Justice Green, Justice Johnson, Justice Willett, Justice Guzman, and Justice Brown joined.
11/26/2014Letter Filed  Letter filed on behalf of Genie Industries, Inc.
10/21/2014Post submission brief filed  Post-Submission Letter Brief filed on behalf of Ricky Matak, Belinda Matak, and Misty Sonnier, as the Representative of the Estate of Walter Pete Logan Matak, Deceased.
09/26/2014Post submission brief filed  Post-submission letter brief filed on behalf of Genie Industries, Inc.
09/17/2014Oral argument   Argued on behalf of petitioner by Constance H. Pfeiffer; argued on behalf of respondents by Jennifer Job
09/16/2014Exhibits in case/cause filed  Petitioner's Bench Exhibit filed on behalf of Genie Industries, Inc.
08/14/2014Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Constance H. Pfeiffer on behalf of Genie Industries, Inc.
08/13/2014Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Jennifer Job on behalf of Respondent Rick Matak, et al.
06/13/2014Case set for oral argumentCase set for oral argument [Note: This cause has been set for oral argument at 9:00 a.m., September 17, 2014.]  Time allotted to argue:  20/20 minutes
03/21/2014Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
03/21/2014Petition for Review granted 
02/05/2014Reply Brief  Petitioner's Reply Brief on the Merits filed on behalf of Genie Industries, Inc.
01/13/2014Motion for Extension of Time disposed.Filing granted Motion for Extension of Time is granted.  Reply Brief on the Merits is due February 5, 2014.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
01/03/2014Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioner's Reply Brief filed on behalf of Genie Industries, Inc.
12/20/2013Brief on the Merits  Response Brief on the Merits filed on behalf of Ricky Matak, et al.  (HARD COPIES REC'D)
12/10/2013Motion for Extension of Time disposed.Filing granted 2nd Motion for Extension of Time to file Response Brief on the Merits granted. NO FURTHER EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED. Resp's Brief due 12.20.13; Pet's Reply Brief due 01.06.14.
12/10/2013Motion for Extension of Time to File Brief filed  Unopposed 2nd Motion for Extension of Time to file Response Brief on the Merits. On behalf of Ricky Matak, et al.
11/12/2013Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Brief on the Merits is Granted. Further requests for extensions of time will be disfavored. Respondent brief is due December 16, 2013; Reply brief is due December 31, 2013.
11/12/2013Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to File Brief on the Merits filed on behalf of Ricky Matak, et al.
10/25/2013Brief on the Merits  Petitioner Brief on the Merits filed on behalf of Genie Industries, Inc.  (HARD COPIES REC'D)
10/23/2013Motion for Extension of Time disposed.Filing granted Unopposed Second Motion for Extension of Time to File Brief on the Merits is Granted. Petitioner's brief is due October 25, 2013; Respondent's brief is due November 14, 2013; and Reply brief is due December 2, 2013.
10/22/2013Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to File Brief on the Merits filed on behalf of Genie Indestries, Inc.
10/02/2013Sealed document filed in case  Supplemental Clerk's Record (Vol. 2 of 2)
10/02/2013Case Record Filed   Clerk's record (1 V), supp clk's record *(2 V) , ant's br, ape's br, ant's reply br, reporter's record (10 V - V 7, 8 & 9 labeled as EXHIBITS),  Exhibits # 21 & 51 on DVD, misc. folder (mos. & corres.), opinion, judgment
09/19/2013Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Brief granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Pet's Brief is due 10/23/13; Resp's Brief is due 11/12/13; Pet's Reply Brief is due 11/27/13.
09/19/2013Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to File Petitioner's Brief on the Merits. On behalf of Genie Industries, Inc.
08/27/2013Record Requested in Case 
08/23/2013Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than 9/23/13; Response brief due 10/14/13; Reply brief due 10/29/13.
08/20/2013Reply to Response  Reply in Support of Petition for Review filed on behalf of Genie Industries, Inc. (HARD COPIES REC'D)
08/15/2013MET to file reply disposed ofFiling granted Second Unopposed Motion for Extension of Time to file Reply in Support of Petition for Review filed on behalf of Genie Industries, Inc. has been granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Reply due August 22, 2013.
08/15/2013Motion to Extend Time to File Reply filed  Second Unopposed Motion for Extension of Time to file Reply in Support of Petition for Review filed on behalf of Genie Industries, Inc.
07/15/2013MET to file reply disposed ofFiling granted Unopposed Motion for Extension of Time to File Reply in Support of Petition for Review is Granted. Further requests for extensions of time will be disfavored. Reply is due August 15, 2013.
07/15/2013Motion to Extend Time to File Reply filed  Unopposed Motion for Extension of Time to File Reply in Support of Petition for Review filed on behalf of Genie Industries, Inc.
07/01/2013Response to Petition  Response to Petition for Review filed on behalf of Ricky Matak, et al. (HARD COPIES REC'D)
06/06/2013Motion for Extension of Time to File Response disposedFiling granted Second Unopposed Motion for Extension of Time to file Response file on behalf of Ricky Matak, et al has been granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Response due July 1, 2013.
06/06/2013Motion for Extension of Time to File Response  Second Unopposed Motion for Extension of Time to file Response file on behalf of Ricky Matak, et al.
05/08/2013Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response is granted. Response is due June 19, 2013. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
05/08/2013Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response. On behalf of Ricky Matak, et al.
04/19/2013Supreme Court of Texas Requested Response  Response due 05/20/13.
04/17/2013Amicus Curiae Letter Received  Amicus Letter of Texas Association of Defense Counsel in Support Petition for Review. Submitted by Roger W. Hughes of Adams & Graham LLP of Harlingen, Texas.  HARD COPIES RECEIVED.
04/12/2013Amicus Curiae Brief received  Amicus Brief of Association of Equipment Manufacturers.  Submitted by Jane M.N. Webre, State Bar No. 21050060, jwebre@scottdoug.com, Scott, Douglass & McConnico, L.L.P., 600 Congress Avenue, Suite 1500, Austin, Texas 78701,Tel (512) 495-6300.
03/19/2013Case forwarded to Court 
03/12/2013Response Waiver filed  Waiver of response filed on behalf of Ricky Matak, et al.
02/28/2013Petition for Review  Petition for Review filed on behalf of Genie Industries, Inc.  HARD COPIES RECEIVED.
02/20/2013Motion for Extension of Time to File Petition for Review disposedFiling granted Unopposed Second Motion for Extension of Time to File Petition for Review is Granted.  Petition for Review is due February 28, 2013.  Further requests for extensions of time will be disfavored.
02/20/2013Second Motion for Extension of Time to File Petition for Review filed  Unopposed Second Motion for Extension of Time to File Petition for Review.
01/25/2013Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of time is granted.  Petition for Review is due February 21, 2013.  
01/18/2013Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review filed on behalf of Genie Industries, Inc.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/16/2015Case StoredCase stored.G02 Row 14 G-1 (4 vols)
Parties
Party▲▼Party Type▲▼Representative▲▼
Matak, RickyRespondentMr. Edward D. Fisher
Mr. James Erick Payne
Ms. Jennifer Job  
Association of Equipment ManufacturersAmicus CuriaeMs. Jane M. N. Webre
Genie Industries, Inc.PetitionerMs. Constance H. Pfeiffer
Mr. Clifford L. Harrison
Mr. Stephan Daniel Selinidis
Texas Association of Defense CounselAmicus CuriaeMr. Roger W. Hughes
Court of Appeals Information:
Aff/Pt and Rev & Rem/Pt 
462 SW3d 80, 12-06-12 
13th Court of Appeals 
Honorable Gina M. Benavides 
Trial Court Information
60th District Court 
Jefferson 
Honorable James Gary Sanderson 
B-184,038