Supreme Court

Case: 14-0706    
14-0706
09/08/2014
Petition for Review originally filed as 53.7(f)
OMP DEVELOPMENT, LLC., ICI CONSTRUCTION, INC., PAVECON COMMERCIAL CONCRETE, LTD., G&D POOL & SPA, INC., H.E. JONES & COMPANY, INC. D/B/A LASTING IMPRESSIONS LANDSCAPE, AND 2600 MONTGOMERY, LLC 
HYDROTECH ENGINEERING, INC. AND SWABACK PARTNERS, PLLC 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
05/19/2015Waiver of Brief on the MeritsPetitioner Letter to notify the Court that Petitioners, OMP Development, LLC, et al. will not file a Reply Brief on the Merits.
04/22/2015Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Swaback Partners, PLLC.
03/19/2015Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of OMP Development, LLC, et al.
10/23/2014Response to PetitionRespondent Response to Petition for Review filed on behalf of Swaback Partners.
09/24/2014Petition for ReviewPetitioner Petition for Review filed on behalf of  OMP Development, LLC, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/31/2014Case Record Filed   Electronic Appellate Record received.
12/31/2014Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Brief on the Merits filed on behalf of Petitioner OMP Development, LLC., et al.
12/31/2014Electronic communication sent to Party  E-mailed Ms. Randle to confirm the type of motion she intended to file.
12/29/2014Call received  Received call from Janet Randle regarding her contact information. Updated system to include Evan Shaw for correspondence.
12/23/2014Record Requested in Case  Record requested from the 5th COA
12/19/2014Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than January 20, 2015; Response brief due no later than February 9, 2015; Reply brief due February 24, 2015
10/28/2014Case forwarded to Court 
10/23/2014Response to Petition  Response to Petition for Review filed on behalf of Swaback Partners.
09/29/2014Third Motion for Extension of Time to File Petition for Review disposedFiling granted Third Motion for Extension of Time to file Petition for Review is Granted. Petition was filed on September 24, 2014.
09/26/2014Electronic communication sent to Party  Messaged attorney for the Petitioner regarding the status of the rejected Petition filed on September 24, 2014.
09/24/2014Petition for Review  Petition for Review filed on behalf of  OMP Development, LLC, et al.
09/24/2014Electronic communication sent to Party  Message attorneys to the Respondents regarding their position(s) as opposed or unopposed to the Third Motion for Extension of Time to file Petition for Review.
09/24/2014Third Motion for Extension of Time to File Petition for Review filed  Third Motion for Extension of Time to file Petition for Review filed on behalf of OMP Development, LLC, et al.
09/23/2014Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Motion for Extension of Time to file Petition for Review is Granted. Petition for Review is due September 23, 2014.
09/23/2014Phone call from Clerk's Office  Spoke with Elizabeth, Mr. Davis's assistant, and she stated that they are unopposed to the motion for extension of time to file petition for review.
09/23/2014Phone call from Clerk's Office  Spoke with Mr. Weaver and he is unopposed to the second motion for extension of time to file petition for review.
09/22/2014Second Motion for Extension of Time to File Petition for Review filed  Second Motion for Extension of Time to file Petition for Review filed on behalf of OMP Development, LLC, et al.
09/10/2014Motion for Extension of Time to File Petition for Review disposedFiling granted Petition is due September 22, 2014.
09/09/2014Phone call from Clerk's Office  to Ms. Randle to confirm who is the petitioner. Requested to correct the style of case and petitioner name. She will correct the motion and submit again.
09/08/2014Motion for Extension of Time to File Petition for Review filed  Unopposed Motion for Extension of Time to file Petition for Review. On behalf of OMP Development, LLC.
07/31/2015Notice sent to Court of Appeals 
06/19/2015Petition for Review disposedDenied
06/16/2015Motion to substitute disposedFiling granted Motion to Substitute is granted.
06/15/2015Motion to Substitute filed  Motion to Substitute Attorney Eric Wilder McNeil with: Christian Ellis, State Bar No. 24007154, SIIANNON, GRACEY, RATLIFF & MILLER, L.L.P., 420 Commerce Street, Suite 500, Fort Worth, Texas 76102, (817) 336-9333 - Telephone, (817) 336-3735 - Telecopier, cellis@shannongracey.com.
05/27/2015Electronic communication sent to Party  sent an email to Mr. Reagan to request the resubmission of his letter filed on 05.19.15.
05/19/2015Waiver of Brief on the Merits  Letter to notify the Court that Petitioners, OMP Development, LLC, et al. will not file a Reply Brief on the Merits.
05/19/2015Electronic communication sent to Party  To Mr. Sean Reagan inquiring about whether he's going to file a reply brief on the merits.  Mr. Reagan responded that he is not going to file a reply brief.
05/18/2015Phone call from Clerk's Office  To Mr. Sean Reagan's office - left voice mail message for a call back.
04/22/2015Brief on the Merits  Response Brief on the Merits filed on behalf of Swaback Partners, PLLC.
04/08/2015Motion 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 April 22, 2015; and Reply brief is due May 7, 2015.
04/07/2015Motion 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 Swaback Partners PLLC.
03/19/2015Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of OMP Development, LLC, et al.
03/11/2015Motion for Extension of Time disposed.Filing granted Unopposed Second Motion for Extension of Time to file Brief on the Merits filed on behalf of Petitioner OMP Development, LLC., et al. has been granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Petitioners brief is due March 19, 2015; Respondents brief is due April 8, 2015; Reply brief is due April 23, 2015.
03/11/2015Motion for Extension of Time to File Brief filed  Third Motion for Extension of Time to file Brief on the Merits filed on behalf of OMP Development, LLC, et al.
02/18/2015Motion for Extension of Time disposed.Filing granted Unopposed Second Motion for Extension of Time to file Brief on the Merits filed on behalf of Petitioner OMP Development, LLC., et al. has been granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Petitioners brief due March 12, 2015; Respondents brief due April 1, 2015; Reply brief due April 16, 2015.
02/18/2015Motion 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 Petitioner OMP Development, LLC., et al.
02/10/2015Notice of Appearance  Notice of Appearance and Designation of Sean Reagan as lead counsel for petitioner OMP Development, LLC.
01/05/2015Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioners' Brief on the Merits filed on behalf of OMP Development, LLC., et al. GRANTED. Petitioner's Brief is due February 19, 2015. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED.
01/05/2015Call received  Received call from Ms. Randle clarifying that the motion was asking for an extension for the Petitioner's Brief only.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/31/2015Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
American Mechanical/Crawford ServiceOther interested party Mr. William W. Hancock
OMP Development LLCPetitionerMr. Sean Michael Reagan
Mr. Evan 'Van' L. Shaw
Ms. Janet R. Randle
Hydrotech Engineering Inc.RespondentMr. D. Mark Davis
Mr. R. David Weaver
Mr. Eric L. Lindstrom
Swaback Partners PLLCRespondentMr. D. Mark Davis
Mr. Eric L. Lindstrom
Mr. R. David Weaver
H.E. Jones & Company, Inc.Other interested party Mr. Chris C. Pappas
Mr. Joseph Lawrence Mira
Hunt & Joiner, Inc.Other interested party Mr. Richard Schellhammer
ChasCo Interiors, Inc.Other interested party Ms. L. Darlene Mitchell
Mr. John H. Barr II
Southwest Sealers, Inc.Other interested party Mr. William Stewart Shurtleff
Pavecon Commercial Concrete, Ltd.Other interested party Mr. William Reese Jones
Mr. Lane Phillip Farley
Lattimore Material Corp.Other interested party Mr. Ryan C. Gentry  
G&D Pool & Spa, Inc.Other interested party Mr. Jeffery Mark Kershaw
Mr. William H. Chamblee
Caprock Specialty Contractors, Inc.Other interested party Mr. Christian Neil Ellis
Quality Custom Rail & Metal, LLCOther interested party Mr. Samuel Joseph Polak
Mr. Franklin Perry
2600 Montgomery, LLCPetitionerMr. Evan 'Van' L. Shaw
Ms. Janet R. Randle
ICI Construction, Inc.Other interested party Mr. David G. Surratt
Mr. John Stephen Kenefick
Mr. Jason M. Jung
Court of Appeals Information:
Aff/Pt and Rev & Rem/Pt 
438 SW3d 895, 07-25-14 
5th Court of Appeals 
Honorable Kerry P. FitzGerald 
Trial Court Information
County Court at Law No 1 
Dallas 
Honorable D'Metria Benson 
CC-11-05103-A