Supreme Court

Case: 15-0158    
15-0158
02/27/2015
Petition for Review/Cause under Rule 53.1
BYRDSON SERVICES, LLC, D/B/A EXCELLO CONSTRUCTION, LLC 
SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
09/28/2016Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Texas Association of Regional Councils. Submitted by Ginny Lewis of Austin, Texas.
09/14/2016Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Houston-Galveston Area Council. Submitted by Katherine D. Mackillop of Norton Rose Fulbright US LLP of Houston, Texas.
03/24/2016Reply BriefPetitioner Petitioner's Reply Brief on the Merits filed on behalf of Byrdson Service, LLC.
03/09/2016Brief on the MeritsRespondent Respondent's Brief on the Merits, filed on behalf of South East Texas Regional Planning Commission, et al.
01/20/2016Brief on the MeritsPetitioner Petitioner's Brief on the Merits, filed on behalf of Brydson Services, LLC.
10/15/2015Reply to ResponsePetitioner Reply in support of Petition filed on behalf of Byrdson Services LLC.
09/02/2015Response to PetitionRespondent Response to Petition for Review, filed on behalf of South East Texas Regional Planning Commission.
06/15/2015Supplemental appendix Petitioner Supplemental Appendix to include the Trial Court Order.
05/15/2015Petition for ReviewPetitioner Petition for Review filed on behalf of Byrdson Services, LLC.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/23/2016Motion to supplement disposedDenied Motion to Supplement the Clerk's Record denied
12/23/2016Court approved judgment sent to attorneys of recordIssued
12/23/2016Opinion issuedCourt of Appeals' judgment reversed; cause remanded to trial court The Court reverses the court of appeals' judgment and remands the case to the trial court.  Justice Willett delivered the opinion of the Court.
(12/23/2016 11:15:27 AM) 150158.pdf, 15-0158.jmt.pdf
12/14/2015Motion 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 January 20, 2016; Respondent's brief is due February 9, 2016; and Reply brief is due February 24, 2016.
12/14/2015Motion 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 Brydson Services, LLC.
12/07/2015Case Record Filed   Electronic Appellate Record received.
11/23/2015Record Requested in Case  Record requested from the 9th COA
11/20/2015Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief on the merits due no later than December 21, 2015; Response brief due January 11, 2016; Reply brief due January 26, 2016.
10/15/2015Reply to Response  Reply in support of Petition filed on behalf of Byrdson Services LLC.
10/03/2016Oral argument   Argued on behalf of petitioner by Garrett A. Gibson; Argued on behalf of respondent by Craig T. Enoch
10/02/2015MET to file reply disposed ofFiling granted Second Motion for Extension of Time to file Reply is granted. No further extensions of time will be considered. Reply is due October 15, 2015.
10/02/2015Call received  Ms. Matuska is unopposed to the second motion for extension of time to file reply.
10/02/2015Phone call from Clerk's Office  Left message with Ms. Matuska's assistant asking if respondent was opposed or unopposed to the second motion for extension to file reply.
10/01/2015Motion to Extend Time to File Reply filed  Second Motion for Extension of Time to file Reply to Response to Petition for Review filed on behalf of Byrdson Services, LLC.
09/28/2016Amicus Curiae Brief received  Amicus Brief of Texas Association of Regional Councils. Submitted by Ginny Lewis of Austin, Texas.
09/27/2016Notice from Counsel of a change in address  Change of Address for Enoch Kever PLLC: BridgePoint Plaza, 5918 W. Courtyard Dr., Suite 500, Austin, Texas 78730, 512.615.1200 / 512.615.1198 (fax).
09/16/2015MET to file reply disposed ofFiling granted Motion for Extension of Time is granted.  Reply is due October 1, 2015.  Further requests for extensions of time for this filing will be disfavored.
09/16/2015Motion to Extend Time to File Reply filed  Unopposed Motion for Extension of Time to file Reply to Petition filed on behalf of Byrdson Services LLC.
09/14/2016Amicus Curiae Brief received  Amicus Curiae Brief of Houston-Galveston Area Council. Submitted by Katherine D. Mackillop of Norton Rose Fulbright US LLP of Houston, Texas.
09/08/2016Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of respondent, South East Texas Regional Planning Commission. Oral Argument will be presented by attorney Craig T. Enoch of Enoch Kever PLLC of Austin, Texas.
09/02/2015Response to Motion filed  Response to Petitioner's Motion to Supplement the Clerk's Record filed on behalf of South East Texsa Regional Planning Commission
09/02/2015Response to Petition  Response to Petition for Review, filed on behalf of South East Texas Regional Planning Commission.
08/31/2016Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Garrett A. Gibson with Wright & Close LLP of Houston, Texas filed on behalf of Byrdson Services, LLC.
07/24/2015Motion 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 September 2, 2015.
07/24/2015Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of South East Texas Regional Planning Commission.
07/20/2015Motion to supplement filed  Motion to Supplement the Clerk's Record filed on behalf of Byrdson Services, LLC.
07/08/2016Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., October 3, 2016. (Time allotted to argue:  20/20 minutes)
07/07/2017Case Stored  e-stored
07/06/2016Notice of Appearance  Notice of Appearance of Counsel Craig T. Enoch (SBN 00000026) and Paula K. Lear (SBN 00798308) filed on behalf of South East Texas Regional Planning Commission.
07/03/2015Supreme Court of Texas Requested Response  Requested response to petition for review due no later than August 3, 2015.
06/30/2016Notice from attorney regarding vacation dates  Vacation Notice of Counsel, Garrett A. Gibson, filed on behalf of petitioner, Byrdson Services, LLC.
06/15/2015Supplemental appendix   Supplemental Appendix to include the Trial Court Order.
06/02/2015Case forwarded to Court 
05/27/2016Petition for Review granted 
05/27/2016Petition for Review disposedFiling granted [Note: The date and time for oral argument are yet to be determined.]
05/26/2015Response Waiver filed  Response Waiver filed on behalf of South East Texas Regional Planning Commission.
05/18/2015Letter Filed  Complete list of Parties and Counsel filed on behalf of Byrdson Services, LLC.
05/17/2017Mandate issued  Mandate & Cost Bill Issued
05/15/2015Petition for Review  Petition for Review filed on behalf of Byrdson Services, LLC.
04/14/2015Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Motion for Extension of Time to file Petition is granted. Petition for Review is due May 15, 2015. Further requests for extensions of time for this filing will be disfavored.
04/14/2015Second Motion for Extension of Time to File Petition for Review filed  Second Unopposed Motion for Extension of Time to file Petition for Review. On behalf of Byrdson Services, LLC d.b.a Excello Construction, LLC
03/24/2016Reply Brief  Petitioner's Reply Brief on the Merits filed on behalf of Byrdson Service, LLC.
03/09/2016Brief on the Merits  Respondent's Brief on the Merits, filed on behalf of South East Texas Regional Planning Commission, et al.
03/02/2015Call received  Spoke with Melinda, secretary for Richard P. Griffin, regarding letter filed last Friday; Melinda clarified that the letter is a list of all counsel involved in the case. Also, informed her of April 15, 2015 due date, and amount of time/extensions are allowed.
02/27/2015Phone call from Clerk's Office  Call made to Bair Hilty, left a message for attorney Richard P. Griffin regarding letter filed on behalf of Petitioner Byrson Services, LLC.
02/27/2015Letter Filed  Letter filed on behalf of Petitioner Byrdson Services, LLC.
02/27/2015Motion for Extension of Time to File Petition for Review disposedFiling granted Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Petitioner Byrdson Services, LLC has been granted. Petition for Review is due April 15, 2015.
02/27/2015Motion 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 Petitioner Byrdson Services, LLC.
01/28/2016Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response Brief on the Merits is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due March 10, 2016; Reply Brief is due March 25, 2016.
01/28/2016Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Response Brief on the Merits. On behalf of South East Texas Regional Planning Commission, et al.
01/20/2016Brief on the Merits  Petitioner's Brief on the Merits, filed on behalf of Brydson Services, LLC.
01/06/2017Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Unopposed Motion for Extension of Time to file Motion for Rehearing is granted. Further requests for extensions of time will be disfavored. Motion for Rehearing is due February 8, 2017.
01/05/2017Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of South East Texas Regional Planning Commission.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/07/2017Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Brown, Odessa Other interested party Odessa Brown
Decuir, MarlonOther interested party Mr. Paul Dunford Henderson
James W. Turner Construction, Ltd.Other interested party MarJuana Williams
Transit Mix Concrete & MaterialsOther interested party Mr. Ethan L. Shaw
Everett Sanderson
Byrdson Services, LLC d/b/a Excello Construcion PetitionerMr. Ronald L. Bair
Richard P. Griffin Jr.
Mr. Michael A. Choyke
Mr. Garrett Gibson
Hotchkiss Insurance Agency & Tye JusticeOther interested party Mr. Rick Lee Oldenettel
South East Texas Regional Planning CommissionRespondentMs. Paula Krause Lear
Mr. Jon B. Burmeister
Ms. Heather L. Blackwell
Mr. Craig T. Enoch
Scot Edward Sheldon
Ms. Jamie Matuska  
Texas Association of Regional CouncilsAmicus CuriaeMs. Virginia Marguerite Lewis
Houston-Galveston Area CouncilAmicus CuriaeMs. Kathleen R. Ellison
Ms. Katherine D. Mackillop
URS Corporation (A Nevada Corporation)Other interested party Mr. George Stewart Whitehead
Mr. Elliot Clark
Corbin, JohnOther interested party Mr. Steven C. Barkley
Court of Appeals Information:
Reverse & Render 
454 SW3d 581, 01-22-15 
9th Court of Appeals 
Honorable Hollis Horton  
Trial Court Information
60th District Court 
Jefferson 
Honorable James Gary Sanderson 
B-194,446