Supreme Court

Case: 13-0750    
13-0750
09/19/2013
Petition for Review/Cause under Tex. R. App. P. 59.1
VERNCO CONSTRUCTION, INC. 
DAVID NELSON, INDIVIDUALLY AND D/B/A COLLECTIVE CONTRACTING, A SOLE PROPRIETORSHIP; AND E.E. HOOD & SONS, INC. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
11/24/2014Reply BriefPetitioner Petitioner's Reply Brief filed on behalf of Vernco Construction Company.
10/13/2014Amended Brief filedRespondent Amended Brief on the Merits filed on behalf of E.E. Hood & Sons, Inc.
10/09/2014Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of E.E. Hood & Sons, Inc.
10/06/2014Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of David Nelson.
08/15/2014Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Vernco Construction, Inc.
04/25/2014Amended Brief filedPetitioner Amended Reply in Support of Petition for Review filed on behalf of Vernco Construction, Inc.
04/23/2014Reply to ResponsePetitioner Reply to Responses to Petition for Review. On behalf of Vernco Construction, Inc.
03/27/2014Amended Response to Petition for Review filedRespondent Amended Response to Petition for Review filed on behalf of E.E. Hood & Sons, Inc.
03/24/2014Response to PetitionRespondent Response to Petition for Review filed on behalf of David Nelson.
03/24/2014Response to PetitionRespondent Response to Petition for Review filed on behalf of E.E. Hood & Sons, Inc.
12/02/2013Petition for ReviewPetitioner Petition for Review filed on behalf of Vernco Construction, Inc.  (HARD COPIES REC'D)
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/20/2013Letter Filed  Letter filed on behalf of E.E. Hood & Sons, Inc.
12/20/2013Response Waiver filed  Waiver of Response filed on behalf of E.E. Hood & Sons, Inc.
12/17/2013Case forwarded to Court 
12/10/2013Response Waiver filed  Response waiver filed on behalf of David Nelson
12/02/2013Petition for Review  Petition for Review filed on behalf of Vernco Construction, Inc.  (HARD COPIES REC'D)
11/24/2014Reply Brief  Petitioner's Reply Brief filed on behalf of Vernco Construction Company.
11/10/2014Motion for Extension of Time disposed.Filing granted Second Unopposed Motion for Extension of Time to file Reply Brief on the Merits is Granted. Further requests for extensions of time will be disfavored. Reply brief is due November 24, 2014.
11/10/2014Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Vernco Construction, Inc.
10/25/2013Second Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time is granted.  Petition is due December 2, 2013.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
10/25/2013Second Motion for Extension of Time to File Petition for Review filed  Unopposed Second Motion for Extension of Time to file Petition for Review filed on behalf of Vernco Constr.
10/17/2014Motion to Amend disposedFiling granted Respondent's Unopposed Motion for Leave to File Amended Brief on the Merits granted.
10/14/2014Motion for Extension of Time disposed.Filing granted Motion for Extension of Time is granted.  Reply Brief is due November 14, 2014.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
10/13/2014Amended Brief filed  Amended Brief on the Merits filed on behalf of E.E. Hood & Sons, Inc.
10/13/2014Motion to Amend Filed  Unopposed Motion for Leave to File Amended Brief on the Merits filed on behalf of E.E. Hood & Sons, Inc.
10/13/2014Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Vernco Construction, Inc.
10/09/2014Brief on the Merits  Response Brief on the Merits filed on behalf of E.E. Hood & Sons, Inc.
10/06/2014Brief on the Merits  Respondent's Brief on the Merits filed on behalf of David Nelson.
10/06/2014Motion for Extension of Time disposed.Filing granted Unopposed Second Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of E.E. Hood & Sons, Inc. has been granted.NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED.  E.E. Hood & Sons, Inc. Response brief due October 8, 2014.
10/06/2014Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of E.E. Hood & Sons, Inc.
10/06/2014Call received  From Ms. Ruth Malinas, attorney for respondents, to inform the Court that they're going to be filing a m/e/t for an additional 2 days to file their brief on the merits that is due today.
09/19/2013Motion for Extension of Time to File Petition for Review disposedFiling granted Unopposed Motion to Extend Time to file Petition for Review is Granted. Petition for Review is due October 30, 2013.
09/19/2013Motion for Extension of Time to File Petition for Review filed  Unopposed Motion to Extend Time to File Petition for Review filed on behalf of Vernco Construction, Inc.
08/27/2014Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of  David Nelson has been granted. Response brief due October 6, 2014.
08/26/2014Motion 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 David Nelson.
08/26/2014Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of E.E. Hood & Sons, Inc. has been granted. E.E. Hood & Sons, Inc. Response brief due October 6, 2014.
08/26/2014Motion 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 E.E. Hood & Sons, Inc.
08/15/2014Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Vernco Construction, Inc.
08/11/2015Case Stored  G02 Row 14 H-1
07/08/2014Motion for Extension of Time disposed.Filing granted Second Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits is Granted. No further extensions of time will be considered. Petitioner's brief is due August 15, 2014; Respondent's brief is due September 4, 2014; and Reply brief is due September 19, 2014.
07/08/2014Notice from attorney regarding vacation dates  Respondent David Nelson's counsel, William H. Oliver, will be out of the office on vacation from October 15 - 27, 2014.
07/07/2014Motion for Extension of Time to File Brief filed  Second Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Vernco Construction, Inc.
06/05/2015Record returned to Court of Appeals  Record Returned to the 8th Court of Appeals
06/05/2015Mandate issued  Mandate & Cost Bill Issued
06/02/2014Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits is Granted. Further requests for extensions of time will be disfavored. Petitioner's brief is due July 16, 2014; Respondent's brief is due August 5, 2014; and Reply brief is due August 20, 2014.
06/02/2014Motion 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 Vernco Construction, Inc.
05/27/2014Case Record Filed   Clerk's record (7 V), supp clk's record (3 V), reporter's record( Vol. dated 4/11/12 w/attached exhibit) reporter's record (53 V- V1-26 & V 27 -53 labeled as  Exhibits), ant (E.E. Hood & Sons, Inc., ant (David Nelson) br, amended br of ant (E.E. Hood & Sons, Inc.), ape's(Vernco Construction, Inc.) br, ant reply br (David Nelson), ant reply br (E.E. Hood & Sons, Inc.), amicus brief (Associated Gen. Contractors of Tx., Inc.), ape's (Vernco) mo/re w/order, misc. motions & corres., ant (E.E. Hood & Sons, Inc.) mo/review of tc Rule 24.2(d) order of alternatively, pet/writ of mand dated 3-13-12 & appendix, additonal facts & evidence brief of 3/11-12, opinion & judgment of 5-21-14 & opinion & judgment on rehearing
05/19/2014Record Requested in Case  Record requested from the 8th COA
05/16/2014Brief on the Merits Ordered  Briefing on the merits requested: Petitioner's brief due no later than 6/16/14; Response brief due 7/7/14; Reply brief due 7/22/14.
04/28/2014Letter Filed  Letter filed on behalf of E.E. Hood & Sons, Inc. and David Nelson.
04/25/2014Amended Brief filed  Amended Reply in Support of Petition for Review filed on behalf of Vernco Construction, Inc.
04/24/2015Court approved judgment sent to attorneys of recordIssued
04/24/2015Opinion issuedCourt of Appeals' judgment reversed; remanded to Court of Appeals Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court. Per Curiam Opinion
(4/24/2015 1:39:57 PM) 13-0750 jmt.pdf, 130750.pdf
04/24/2015Petition for Review disposedPetition granted pursuant to TRAP 59.1
04/24/2015Petition for Review granted under TRAP 59.1 
04/23/2014Reply to Response  Reply to Responses to Petition for Review. On behalf of Vernco Construction, Inc.
04/04/2014MET to file reply disposed ofFiling granted Unopposed Motion for Extension of Time to file Reply to Response to Petition for Review is Granted. Further requests for extensions of time will be disfavored. Reply is due April 23, 2014.
04/04/2014Motion to Extend Time to File Reply filed  Unopposed Motion for Extension of Time to file Reply to Response to Petition for Review filed on behalf of Vernco Construction, Inc.
03/27/2014Amended Response to Petition for Review filed  Amended Response to Petition for Review filed on behalf of E.E. Hood & Sons, Inc.
03/27/2014Miscellaneous motion disposed. See Remarks.Filing granted Unopposed Motion to file Amended Response to Petition for Review filed on behalf of E.E. Hood & Sons, Inc. is granted.
03/27/2014Miscellaneous Motion  Unopposed Motion to file Amended Response to Petition for Review filed on behalf of E.E. Hood & Sons, Inc.
03/24/2014Response to Petition  Response to Petition for Review filed on behalf of David Nelson.
03/24/2014Response to Petition  Response to Petition for Review filed on behalf of E.E. Hood & Sons, Inc.
03/19/2014Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time of of E.E. Hood & Sons, Inc.  is granted.  Response is due March 24, 2014.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
03/18/2014Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file response on behalf of E.E. Hood & Sons, Inc.
03/18/2014Motion for Extension of Time to File Response disposedFiling granted Second unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of David Nelson, et al. has been granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Reponse to petition due March 24, 2014.
03/18/2014Motion for Extension of Time to File Response  Second unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of David Nelson, et al.
02/12/2014Motion for Extension of Time to File Response disposedFiling granted Unopposed Motion for Extension of Time to file Response to Petition for Review is Granted. Further requests for extensions of time will be disfavored. Response is due March 20, 2014.
02/12/2014Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of David Nelson, et al.
02/06/2014Motion for Extension of Time disposed.Filing granted Response due 03/20/14. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED.
02/05/2014Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to File Response to Petition for Review filed on behalf of E.E. Hood & Sons, Inc.
01/17/2014Supreme Court of Texas Requested Response  Requested response to petition for review due no later than 2/18/14.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
08/11/2015Case StoredCase stored.G02 Row 14 H-1
Parties
Party▲▼Party Type▲▼Representative▲▼
Vernco Construction, Inc.PetitionerMs. Sara Murray
Mr. Peter L. Kilpatrick
Ms. Rachel A. Ekery  
Ms. Dana Livingston
Mr. David Montgomery Evans
Mr. Wallace B. Jefferson  
E.E. Hood & Sons, Inc.RespondentMs. Ruth G. Malinas
Mr. Jerry T. Steed  
Mr. Darrell F. Smith  
Nelson, DavidRespondentMr. William H. Oliver
Mr. Eric A. Scott
Ms. Kortney M. Kloppe-Orton
Court of Appeals Information:
Vacate & Dismiss 
406 SW3d 374, 07-10-13 
8th Court of Appeals 
Honorable Guadalupe Rivera 
Trial Court Information
45th District Court 
Bexar 
Honorable Barbara H. Nellermoe 
2006-CI-18807