Supreme Court

Case: 15-0232    
15-0232
03/24/2015
Petition for Review/Cause under Rule 53.1
LEVINSON ALCOSER ASSOCIATES, L.P. AND LEVINSON ASSOCIATES, INC. 
EL PISTOLÓN II, LTD. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
03/09/2017Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing of Disposition Only filed on behalf of El Pistolon II, LTD.
11/17/2016Post submission brief filedRespondent Post Submission Letter Brief filed on behalf of El Pistolon II, Ltd.
11/06/2016Exhibits in case/cause filedPetitioner Oral Argument Bench Exhibits filed on behalf of Levinson Alcoser Associates, et al.
03/29/2016Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Levinson Alcoser Associates, et al.
02/26/2016Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of El Pistolón II, Ltd.
01/15/2016Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Brief, filed on behalf of the Texas Society of Architects and American Council of Engineering Companies of Texas. Submitted by Will W. Allensworth or Allensworth & Porter LLP.
12/08/2015Brief on the MeritsPetitioner Petitioners' Brief on the Merits, filed on behalf of Levinson Alcoser Associates, L.P., et al.
09/29/2015Reply to ResponsePetitioner Reply to Response to Petition for Review filed on behalf of Levinson Alcoser Associates, L.P., et al.
09/09/2015Response to PetitionRespondent Response to Petition for Review filed on behalf El Pistolon II, Ltd.
06/15/2015Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Texas Association of Defense Counsel in support of Petitioners. Submitted by Diana L. Faust of Cooper & Scully PC of Dallas, Texas.
05/05/2015Petition for ReviewPetitioner Petition for Review filed on behalf of Levinson Alcoser Associates, L.P., et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/21/2015Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondent's Brief on the Merits is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due January 27, 2016; Reply Brief is due February 11, 2016.
12/21/2015Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits. On behalf of El Pistolón II, Ltd.
12/21/2015Designation of Lead Counsel   Notice of Appearance and Designation of Lead Counsel. Mr. Russell Post is now the lead counsel for the respondent, El Pistolón II, Ltd. Also, appearing as counsel, Mr. Parth S. Gejji.
12/08/2015Brief on the Merits  Petitioners' Brief on the Merits, filed on behalf of Levinson Alcoser Associates, L.P., et al.
11/20/2015Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits, filed on behalf of Levinson Alcoser Associates, L.P., et al., has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petitioner's Brief on the Merits is due December 8, 2015. Response Brief is due December 28, 2015. Reply Brief is due January 12, 2016.
11/17/2016Post submission brief filed  Post Submission Letter Brief filed on behalf of El Pistolon II, Ltd.
11/17/2015Motion 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 Levinson Alcoser Associates, L.P., et al.
11/09/2015Case Record Filed   Electronic Appellate Record received.
11/07/2016Oral argument   Argued on behalf of petitioners by Richard B. Phillips, Jr.; Argued on behalf of respondent by Chad Flores
11/06/2016Exhibits in case/cause filed  Oral Argument Bench Exhibits filed on behalf of Levinson Alcoser Associates, et al.
10/26/2015Record Requested in Case  Record requested from the 13th COA
10/23/2015Brief on the Merits Ordered  Brief on the Merits Requested: Petitioner’s brief due no later than November 23, 2015, Response brief due December 14, 2015, Reply brief due December 29, 2015.
10/21/2016Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of El Pistolon II, Ltd. Oral Argument will be presented by Chad Flores of Beck Redden LLP of Houston, Texas.
10/17/2016Oral Argument Submission Form from Attorney received  Oral Argument Submission Form of petitioners, Levinson Alcoser Associates, L.P. and Levinson Associates, Inc. Oral Argument will be presented by Richard B. Phillips, Jr. of Thompson & Knight LLP of Dallas, Texas.
09/29/2015Reply to Response  Reply to Response to Petition for Review filed on behalf of Levinson Alcoser Associates, L.P., et al.
09/09/2015Response to Petition  Response to Petition for Review filed on behalf El Pistolon II, Ltd.
08/19/2016Submission resetCase set for oral argument This cause has been reset for oral argument at 9:00 a.m., November 7, 2016.  (Time allotted to argue:  20/20 minutes)
08/19/2016Motion to re-set submission date disposedFiling granted Petitioners' Unopposed Motion to Reset Oral Argument granted.  This cause has been reset for oral argument at 9:00 a.m., November 7, 2016.  (Time allotted to argue:  20/20 minutes)
08/12/2016Motion to re-set submission date filed.  Unopposed Motion to Reset Oral Argument filed on behalf of Levinson Alcoser Associates, L.P. and Levinson Associates, Inc.
08/10/2015Motion 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 9, 2015.
08/10/2015Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of El Pistolon II, Ltd.
07/10/2015Supreme Court of Texas Requested Response  Requested response to petition for review due no later than August 10, 2015.
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 4, 2016.  Time allotted to argue: 20/20 minutes
06/17/2016Petition for Review granted 
06/17/2016Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
06/15/2015Amicus Curiae Brief received  Amicus Brief of Texas Association of Defense Counsel in support of Petitioners. Submitted by Diana L. Faust of Cooper & Scully PC of Dallas, Texas.
06/09/2015Case forwarded to Court 
05/05/2015Petition for Review  Petition for Review filed on behalf of Levinson Alcoser Associates, L.P., et al.
04/21/2017Mandate issued  Mandate & Cost Bill Issued
04/21/2017Motion for Rehearing - DisposedDenied
04/14/2015Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Motion to Extend Time to file Petition is granted. Petition for Review is due May 5, 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  Unopposed Second Motion to Extend Time to file Petition for Review. On behalf of Levinson Alcoser Associates, L.P. and Levinson Associates, Inc.
03/29/2016Reply Brief  Reply Brief on the Merits filed on behalf of Levinson Alcoser Associates, et al.
03/25/2015Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review filed on behalf of Petitioner Levinson Alcoser Associates, L.P., et al. has been granted. Petition for Review is due April 20, 2015.
03/24/2015Electronic communication sent to Party  E-mailed counsel for Respondent inquiring whether Motion for Extension of Time is opposed, and if so, whether a response would be filed.
03/24/2015Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review filed on behalf of Petitioner Levinson Alcoser Associates, L.P., et al.
03/15/2016Motion for Extension of Time disposed.Filing granted 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 March 29, 2016.
03/11/2016Motion 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 Levinson Alcoser Association.
03/09/2017Case forwarded to Court 
03/09/2017Motion for Rehearing  Motion for Rehearing of Disposition Only filed on behalf of El Pistolon II, LTD.
02/26/2016Brief on the Merits  Response Brief on the Merits filed on behalf of El Pistolón II, Ltd.
02/24/2017Court approved judgment sent to attorneys of recordIssued
02/24/2017Concurring Opinion issued.Issued Justice Brown delivered a concurring opinion.
02/24/2017Opinion 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 Devine delivered the opinion of the Court, in which Chief Justice Hecht, Justice Green, Justice Johnson, Justice Willett, Justice Guzman, Justice Lehrmann, and Justice Boyd joined.
(2/24/2017 2:56:43 PM) 150232.pdf, 150232c.pdf, 15-0232.jmt.pdf
01/26/2016Motion for Extension of Time disposed.Filing granted Second Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits, filed on behalf of El Pistolon II, Ltd., has been granted. NO FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED. Respondent's Brief is due February 26, 2016. Reply Brief is due March 14, 2016.
01/26/2016Motion for Extension of Time to File Brief filed  Second Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits, filed on behalf of El Pistolon II, Ltd.
01/15/2016Amicus Curiae Letter Received  Amicus Curiae Brief, filed on behalf of the Texas Society of Architects and American Council of Engineering Companies of Texas. Submitted by Will W. Allensworth or Allensworth & Porter LLP.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
04/21/2017Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Levinson Associates, Inc.PetitionerMr. Boris A. Hidalgo
Mr. Richard B. Phillips Jr.
Mr. Edmundo O. Ramirez
Texas Society of ArchitectsAmicus CuriaeMs. Amy M. Emerson  
Mr. Will W. Allensworth  
Mr. Matthew C. Ryan
Texas Association of Defense CounselAmicus CuriaeMs. Diana L. Faust
El Pistolon II, LTD.RespondentMr. Cory D. Itkin  
Mr. Jason A. Itkin
Mr. Micajah "Caj" Daniel Boatright
Mr. Gilberto Hinojosa
Mr. Parth S. Gejji
Mr. Russell S. Post
Mr. Charles Flores
Mr. Noah Michael Wexler
Levinson Alcoser Associates, L.P.PetitionerMr. Edmundo O. Ramirez
Mr. Boris A. Hidalgo
Mr. Richard B. Phillips Jr.
Court of Appeals Information:
Aff/Pt and Rev & Rem/Pt 
500 SW3d 431, 02-12-15 
13th Court of Appeals 
Honorable Rogelio Valdez 
Trial Court Information
370th District Court 
Hidalgo 
Honorable Noe Gonzalez 
C-3460-10-G