Supreme Court

Case: 13-0080    
13-0080
02/01/2013
Petition for Review/Cause under Rule 53.1
RSUI INDEMNITY COMPANY 
THE LYND COMPANY 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
08/25/2015Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter of the National Association of Professional Surplus Lines Offices in support of the Motion for Reconsideration.
06/25/2015Motion for RehearingPetitioner's motion for rehearing of cause filed Motion for Rehearing filed on behalf of RSUI Indemnity Co.
09/23/2014Post submission brief filedPetitioner Petitioner's Reply to Respondent's Post-Submission Letter filed on behalf of RSUI Indemnity Company.
09/19/2014Post submission brief filedRespondent Post-Submission Letter filed on behalf of Respondent, The Lynd Company
09/17/2014Exhibits in case/cause filedPetitioner Oral Argument Exhibits filed on behalf of RSUI Indemnity Company.
09/17/2014Exhibits in case/cause filedRespondent Respondent's Oral Argument Exhibits. On behalf of The Lynd Co.
09/02/2014Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of San Antonio Apartment Association, Inc.  Submitted by R. David Fritsche, State Bar No. 07481200, LAW OFFICES OF R. DAVID FRITSCHE, 921 Proton Road, San Antonio, Texas 78258, (210) 227-2726 Telephone.
07/29/2014Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Texas Policyholder Coverage Lawyers in support of Respondent The Lynd Company. Submitted by Linda M. Dedman of Dedman Law, PLLC of Dallas Texas.
07/28/2014Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Texas Apartment Association, Inc. and Texas Hotel & Lodging Association. Submitted by Brendan K. McBride of San Antonio, Texas.
01/13/2014Reply BriefPetitioner Reply Brief on the Merits filed on behalf of RSUI Indemnity Co.  (HARD COPIES REC'D)
12/12/2013Brief on the MeritsRespondent Respondent's Brief on the Merits. On behalf of The Lynd Co.
10/23/2013Brief on the MeritsPetitioner Petitioner Brief on the Merits filed on behalf of RSUI Indemnity Company.  HARD COPIES RECEIVED.
06/27/2013Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of RSUI Indemnity Co. (HARD COPIES REC'D)
06/12/2013Response to PetitionRespondent Response to Petition for Review. On behalf of The Lynd Company.  HARD COPIES RECEIVED.
05/24/2013Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter Brief of Property and Casualty Insurers Association of America. Submitted by Trey Gillespie of Property Casualty of Austin, Texas. (HARD COPIES REC'D)
04/09/2013Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Axis Surplus Insurance Company and Axis Insurance Company in Support of Petition for Review. Submitted by Henry S. Platts, Jr. of Wright & Close LLP of Houston Texas.  (HARD COPIES REC'D)
04/08/2013Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter of National Association of Professional Surplus Lines Offices submitted by Keri A. Kish, Director of Government Relations, KS SC#18787, MO SC#58411, 200 NE 54th Street, Suite 200, Kansas City, MO 64118, (816) 799-0855.
04/05/2013Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of the National Association of Mutual Insurance Companies, submitted by Mr. Paul Martin, National Assn. of Mutual Ins. Co., 8905 Marybank Drive, Austin, TX  78750, Phone (512) 267-4817. (HARD COPIES REC'D)
03/20/2013Fully hyperlinked brief filedPetitioner HYPERLINKED Petition for Review filed on behalf of RSUI Indemnity Company.
03/13/2013Petition for ReviewPetitioner Petition for Review filed on behalf of RSUI Indemnity Company.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/17/2013Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Pet's reply brief is due January 13, 2014.
12/17/2013Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to File Petitioner’s Reply Brief on the Merits. On behalf of RSUI Indemnity Co.
12/12/2013Brief on the Merits  Respondent's Brief on the Merits. On behalf of The Lynd Co.
11/05/2013Motion for Extension of Time disposed.Filing granted Unopposed 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 December 12, 2013; Reply brief is due December 27, 2013.
11/05/2013Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of The Lynd Co.
11/05/2013Notice of Appearance  Notice of Appearnce of Counsel - The following cousel from the law firm of Haynes and Boone, LLP, hereby enter their appearance as additional counsel of record for respondent, The Lynd Company: Nina Cortell, Ernest Martin, Jr. and Jeremy D. Kernodle.
10/23/2013Brief on the Merits  Petitioner Brief on the Merits filed on behalf of RSUI Indemnity Company.  HARD COPIES RECEIVED.
09/23/2014Post submission brief filed  Petitioner's Reply to Respondent's Post-Submission Letter filed on behalf of RSUI Indemnity Company.
09/19/2014Post submission brief filed  Post-Submission Letter filed on behalf of Respondent, The Lynd Company
09/18/2014Oral argument   Argued on behalf of petitioner by Douglas W. Alexander; argued on behalf of respondent by Nina Cortell
09/17/2014Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of RSUI Indemnity Company.
09/17/2014Exhibits in case/cause filed  Respondent's Oral Argument Exhibits. On behalf of The Lynd Co.
09/17/2013Motion for Extension of Time disposed.Filing granted Motion for Extension of Time is granted.  Petitioner's Brief is due October 23, 2013.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFVORED.  Response Brief is due November 12, 2013.  Reply Brief is due November 27, 2013.
09/16/2013Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of RSUI Indemnity Co.
09/11/2015Mandate issued  Mandate & Cost Bill Issued
09/11/2015Motion for Rehearing - DisposedDenied
09/02/2014Amicus Curiae Brief received  Amicus Brief of San Antonio Apartment Association, Inc.  Submitted by R. David Fritsche, State Bar No. 07481200, LAW OFFICES OF R. DAVID FRITSCHE, 921 Proton Road, San Antonio, Texas 78258, (210) 227-2726 Telephone.
08/28/2013Case Record Filed   Electronic Appellate Record received.
08/27/2013Record Requested in Case  Record requested from the 4th COA
08/25/2015Amicus Curiae Letter Received  Amicus Letter of the National Association of Professional Surplus Lines Offices in support of the Motion for Reconsideration.
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.
08/13/2014Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of RSUI Indemnity Company.
08/11/2014Oral Argument Submission Form from Attorney received  Oral Argument Submission Formed filed on behalf of The Lynd Company.
07/29/2014Amicus Curiae Brief received  Amicus Brief of Texas Policyholder Coverage Lawyers in support of Respondent The Lynd Company. Submitted by Linda M. Dedman of Dedman Law, PLLC of Dallas Texas.
07/28/2014Amicus Curiae Brief received  Amicus Brief of Texas Apartment Association, Inc. and Texas Hotel & Lodging Association. Submitted by Brendan K. McBride of San Antonio, Texas.
06/27/2013Reply to Response  Reply in Support of Petition for Review filed on behalf of RSUI Indemnity Co. (HARD COPIES REC'D)
06/25/2015Case forwarded to Court 
06/25/2015Motion for Rehearing  Motion for Rehearing filed on behalf of RSUI Indemnity Co.
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 18, 2014.]  Time allotted to argue: 20/20 minutes
06/12/2013Response to Petition  Response to Petition for Review. On behalf of The Lynd Company.  HARD COPIES RECEIVED.
06/10/2013Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time is granted. Response is due June 12, 2013.  FURTHER REQUESTS FOR EXTENSIONS OF TIME WILL BE DISFAVORED.
06/10/2013Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response filed on behalf of The Lynd Co.
05/24/2013Amicus Curiae Letter Received  Amicus Letter Brief of Property and Casualty Insurers Association of America. Submitted by Trey Gillespie of Property Casualty of Austin, Texas. (HARD COPIES REC'D)
05/22/2015Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of RSUI Indemnity Company has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Motion for Rehearing is due June 25, 2015.
05/22/2015Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of RSUI Indemnity Company.
05/10/2013Supreme Court of Texas Requested Response  Requested response to petition for review due no later than 6/10/13.
05/09/2013Pro hac vice motion disposedFiling granted Motion in Support of Motion for Admission Pro Hac Vice  for Keri A. Kish has been granted.
05/09/2013Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice granted.
05/08/2015Court approved judgment sent to attorneys of recordIssued
05/08/2015Dissenting opinion issued.Issued Chief Justice Hecht delivered a dissenting opinion, in which Justice Green and Justice Brown joined.
05/08/2015Opinion issuedCourt of Appeals' judgment affirmed The Court affirms the court of appeals' judgment.  Justice Boyd delivered the opinion of the Court, in which Justice Johnson, Justice Willett, Justice Guzman, Justice Lehrmann, and Justice Devine joined.
(5/8/2015 3:33:25 PM) 13-0080.jmt.pdf, 130080d.pdf, 130080.pdf
05/07/2013Pro hac vice motion filed  Motion in Support of Motion for Admission Pro Hac Vice for Keri A. Kish filed on behalf of the National Asociation of Professional Surplus Lines.
05/07/2013Pro hac vice motion filed  Motion for Admission Pro Hac Vice for Keri A. Kish filed on behalf of the National Asociation of Professional Surplus Lines.
04/09/2013Amicus Curiae Brief received  Amicus Brief of Axis Surplus Insurance Company and Axis Insurance Company in Support of Petition for Review. Submitted by Henry S. Platts, Jr. of Wright & Close LLP of Houston Texas.  (HARD COPIES REC'D)
04/09/2013Case forwarded to Court 
04/08/2013Phone call from Clerk's Office  Messaged Ms. Kish.  Requested  Pro Hac Vice motions and admission letter from the Board of Law Examiners.
04/08/2013Amicus Curiae Letter Received  Amicus Letter of National Association of Professional Surplus Lines Offices submitted by Keri A. Kish, Director of Government Relations, KS SC#18787, MO SC#58411, 200 NE 54th Street, Suite 200, Kansas City, MO 64118, (816) 799-0855.
04/05/2013Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of the National Association of Mutual Insurance Companies, submitted by Mr. Paul Martin, National Assn. of Mutual Ins. Co., 8905 Marybank Drive, Austin, TX  78750, Phone (512) 267-4817. (HARD COPIES REC'D)
04/04/2013Phone call from Clerk's Office 
04/02/2013Response Waiver filed  Response Waiver filed on behalf of The Lynd Company.
03/20/2013Fully hyperlinked brief filed  HYPERLINKED Petition for Review filed on behalf of RSUI Indemnity Company.
03/13/2013Petition for Review  Petition for Review filed on behalf of RSUI Indemnity Company.
02/14/2014Petition for Review disposedFiling granted [Note: The date and time for oral argument are yet to be determined.]
02/14/2014Petition for Review granted 
02/05/2013Motion for Extension of Time to File Petition for Review disposedFiling granted Petition due 03/13/13.
02/01/2013Motion for Extension of Time to File Petition for Review filed  Unopposed Motion for Extension of Time to File Petition for Review filed on behalf of RSUI Indemnity Company.
01/13/2014Reply Brief  Reply Brief on the Merits filed on behalf of RSUI Indemnity Co.  (HARD COPIES REC'D)
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
06/02/2016Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
RSUI Indemnity CompanyPetitionerMr. Thomas Phillips
Mr. David F. Johnson
Mr. Jay Brown
Mr. Stephen R. Wedemeyer
Mr. Douglas Alexander
Mr. Bruce Wilkin  
Property and Casualty Insurers Association of AmericaAmicus CuriaeMr. Trey Gillespie
National Association of Professional Surplus Lines OfficesAmicus CuriaeKeri A. Kish
Texas Hotel & Lodging AssociationAmicus CuriaeMr. Brendan K. McBride
Axis Surplus Insurance CompanyAmicus CuriaeMr. Henry S. Platts Jr.
San Antonio Apartment Association, Inc.Amicus CuriaeMr. R. David Fritsche
The Lynd CompanyRespondentMr. Edwin Todd Lipscomb
Mr. Ernest Martin Jr.
Mr. Robert W. Loree
Ms. Nina Cortell
Mr. Jeremy Daniel Kernodle
Mr. Thomas H. Crofts Jr.
Ms. Cassandra Pruski  
Texas Policyholder Coverage LawyersAmicus CuriaeMs. Linda Marie Dedman
Texas Apartment Association, Inc.Amicus CuriaeMr. Brendan K. McBride
National Association of Mutual Insurance CompaniesAmicus CuriaeMr. Paul Thomas Martin  
Court of Appeals Information:
Reverse & Render 
399 SW3d 197, 03-28-12 
4th Court of Appeals 
Honorable Sandee Bryan Marion 
Trial Court Information
407th District Court 
Bexar 
Honorable Renée Forinash McElhaney 
2007-CI-14556