Supreme Court

Case: 13-0236    
13-0236
03/29/2013
Petition for Review/Cause under Rule 53.1
WELLS FARGO BANK, N.A. 
PATRICK O’BRIEN MURPHY A/K/A O’BRIEN MURPHY AND BEVERLY MURPHY 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
04/08/2015Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Patrick O'Brien Murphy and Beverly Murphy
05/19/2014Reply BriefPetitioner Petitioner's Reply Brief on the Merits filed on behalf of Wells Fargo Bank, N.A.
05/05/2014Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Patrick O'Brien Murphy.
04/15/2014Brief on the MeritsPetitioner Petititoner's Brief on the Merits filed on behalf of Wells Fargo Bank, NA.
09/20/2013Reply to ResponsePetitioner Reply in support of Petition for Review filed on behalf of Wells Fargo Bank N.A. (HARD COPIES REC'D)
09/10/2013Response to PetitionRespondent Response to Petition for Review filed by Patrick O'Brien Murphy, pro se.
04/29/2013Petition for ReviewPetitioner Petition for Review filed on behalf of Wells Fargo Bank, N.A.  (HARD COPIES REC'D)
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
11/19/2013Call received  Call received from Pro Bono liaison letting the Court know that respondent expressed interest in the pro bono program.  
11/15/2013Call received  Mr. Patrick Murphy called the Clerk to inform him that he is interested in the pro bono program. He just saw the notice on the website of the pro bono program referral. He has left a voice message with Mr.Truesdale and will send in the written form to Mr. Truesdale.
10/18/2013Referral to Pro Bono Program - Letter sent to All Counsel of Record and Program Liason  Referral to the Pro Bono Program sent to Parties and to Pro Bono Program Liaison, Mike Truesdale.
10/15/2014Oral argument   Argued on behalf of petitioner by W. Scott Hastings; argued on behalf of respondents by Bertrand C. Moser  (Justice Johnson not sitting)
09/20/2013Reply to Response  Reply in support of Petition for Review filed on behalf of Wells Fargo Bank N.A. (HARD COPIES REC'D)
09/10/2013Response to Petition  Response to Petition for Review filed by Patrick O'Brien Murphy, pro se.
09/05/2014Oral Argument Submission Form from Attorney received  Oral Argumement Sumission form filed on behalf of Patrick O'Brien Murphy aka O'Brien Murphy and Beverly Murphy. Attorney presenting the case will be Bertrand C Moser.
09/02/2014Oral Argument Submission Form from Attorney received  Oral Argument will be presented by W. Scott Hastings of Locke Lord LLP on behalf of Wells Fargo Bank, N.A.
07/29/2013Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time is granted.  Response is due September 11, 2013.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
07/25/2013Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response filed on behalf of Patrick O'Brien Murphy and Beverly Murphy.
07/16/2015Case Stored  G02 Row 14 G-1
07/12/2013Supreme Court of Texas Requested Response  Requested response to petition for writ of mandamus due no later than 8/12/13.
06/20/2014Case set for oral argumentCase set for oral argument Note: This cause has been set for oral argument at 9:00 a.m., October 15, 2014.  Time allotted to argue:  20/20 minutes (Justice Johnson not sitting)
06/20/2014Petition for Review disposedFiling granted
06/20/2014Petition for Review granted 
06/05/2015Mandate issued  Mandate & Cost Bill Issued
06/05/2015Motion for Rehearing - DisposedDenied with Justice not sitting. (Justice Johnson not sitting)
06/04/2013Case forwarded to Court 
05/19/2014Reply Brief  Petitioner's Reply Brief on the Merits filed on behalf of Wells Fargo Bank, N.A.
05/06/2014Call received  Spoke with Mr. Moser and explained why his brief was rejected.  His service provider stated that his filing was rejected, but not why. The respondent's brief on the merits was rejected because it did not contain a certificate of compliance.  He will resubmit later today.
05/05/2014Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Patrick O'Brien Murphy.
04/29/2013Petition for Review  Petition for Review filed on behalf of Wells Fargo Bank, N.A.  (HARD COPIES REC'D)
04/15/2014Brief on the Merits  Petititoner's Brief on the Merits filed on behalf of Wells Fargo Bank, NA.
04/09/2015Call received  Mr. Murphy called to inform the Court that his payment for the motion would be mailed out today.
04/08/2015Case forwarded to Court 
04/08/2015Motion for Rehearing  Motion for Rehearing filed on behalf of Patrick O'Brien Murphy and Beverly Murphy
04/01/2013Motion for Extension of Time to File Petition for Review disposedFiling granted Petition due April 29, 2013.
03/29/2013Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to File Petition for Review filed on behalf of Wells Fargo Bank, N.A. and HSBC Bank, USA.
03/21/2014Miscellaneous motion disposed. See Remarks.Filing granted Wells Fargo Bank, N.A.'s Unopposed Motion to Substitute Counsel granted.  
03/12/2014Motion for Extension of Time disposed.Filing granted Petitioner brief due 04/16/14; Response brief due 05/06/14; Reply brief due 05/21/14; FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED.
03/11/2014Motion to Substitute filed  Unopposed Motion to Substitute Counsel filed on behalf of Wells Fargo Bank, N.A.
03/11/2014Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to File Petitioner Brief on the Merits filed on behalf of Wells Fargo Bank, N.A.
03/10/2015Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Opposed Motion for Extension of time to file Respondents Motion for Rehearing filed on behalf of Patrick O'Brien Murphy has been granted for 30 days. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Rehearing due April 9, 2015.
02/25/2015Electronic communication received from Party  Petitioner will not be filing a response in opposition to the requested extension of time to file motion for rehearing.
02/25/2015Electronic communication sent to Party  Email message regarding opposition to requested extension of time.
02/24/2015Phone call from Clerk's Office  Mr. Murphy has sent in the $15.00 check to pay for the motion for rehearing on February 24, 2015.
02/24/2015Notice requesting filing fee  Filing fee for motion for extension of time to file Motion for Rehearing not received.
02/20/2015Motion for Extension of Time to File Motion for Rehearing  Opposed Motion for Extension of time to file Respondents Motion for Rehearing filed on behalf of Patrick O'Brien Murphy.
02/18/2014Case Record Filed   Electronic Appellate Record received.
02/14/2014Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than 3/17/14; Response brief due 4/7/14; Reply brief due 4/22/14.
02/14/2014Record Requested in Case  Record requested from the 14th COA
02/11/2014Notice of Appearance  Notice of Appearance - Bertand Moser will represent respondents, Patrick O'Brien Murphy aka O'Brien Murphy and Beverly Murphy.
02/06/2015Court approved judgment sent to attorneys of recordIssued
02/06/2015Opinion issuedCourt of Appeals' judgment reversed & judgment rendered The Court reverses in part the court of appeals' judgment and renders judgment.  Justice Green delivered the opinion of the Court.  (Justice Johnson not sitting)
01/22/2014Phone call from Clerk's Office  Follow up call with pro bono program liaison regarding status of participation of pro se party.  Per liaison, Mr. Murphy expressed interest in the program.  Liaison sent email to pro se party that included the financial qualification form.  At this time, there has been no returned response from pro se party.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/16/2015Case StoredCase stored.G02 Row 14 G-1
Parties
Party▲▼Party Type▲▼Representative▲▼
Murphy, Patrick O'BrienRespondentMr. Bertrand C. Moser
Mr. Patrick O'Brien Murphy
Murphy, Beverly RespondentMs. Beverly Murphy
Mr. Bertrand C. Moser
Wells Fargo Bank, N.A.PetitionerMr. Derrick Bryan Carson
Mr. Christopher Benjamin Dove
Mr. Robert T. Mowrey
Mr. W. Scott Hastings
Mr. Daniel John Pettit  
Court of Appeals Information:
Aff/Pt and Rev & Rem/Pt 
455 SW3d 621, 02-12-13 
14th Court of Appeals 
Honorable Margaret Garner Mirabal 
Trial Court Information
55th District Court 
Harris 
Honorable Jeffrey A. Shadwick 
2008-67808