Supreme Court

Case: 15-0338    
15-0338
05/05/2015
Petition for Review/Cause under Rule 53.1
TOM BENNETT AND JAMES B. BONHAM CORPORATION 
LARRY WAYNE GRANT 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
06/14/2017Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Larry Wayne Grant.
05/31/2016Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Tom Bennett, et al.
04/13/2016Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Larry Wayne Grant.
02/22/2016Brief on the MeritsPetitioner Petitioners' Brief on the Merits filed on behalf of Tom Bennett, et al.
11/09/2015Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Tom Bennett, et al.
10/05/2015Response to PetitionRespondent Response to Petition for Review filed on behalf of Larry Wayne Grant.
07/06/2015Petition for ReviewPetitioner Petition for Review filed on behalf of Tom Bennett, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/08/2015Motion 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.
12/07/2015Motion 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 Tom Bennett, et al.
12/07/2015Case Record Filed   Electronic Appellate Record received.
11/23/2015Record Requested in Case  Record requested from the 3rd 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.
11/09/2015Reply to Response  Reply in Support of Petition for Review filed on behalf of Tom Bennett, et al.
11/08/2016Submission resetCase set for oral argument This cause has been reset for oral argument at 9:00 a.m., January 12, 2017.  Time allotted to argue:  20/20 minutes
11/08/2016Phone call from Clerk's Office  Call made to parties regarding Unopposed Motion to Reschedule Oral Argument.
11/08/2016Miscellaneous motion disposed. See Remarks.Filing granted Unopposed Motion to Reschedule Oral Argument granted.  This cause has been reset for oral argument at 9:00 a.m., January 12, 2017.  Time allotted to argue:  20/20 minutes
11/07/2016Miscellaneous Motion  Motion to Reschedule Oral Argument filed on behalf of Larry Wayne Grant.
11/07/2016Call received  Don Cruse informed the court that an emergency motion to postpone the oral argument will be filed due to a medical emergency.
11/04/2015MET to file reply disposed ofFiling granted Motion for Extension of Time is granted.  Reply is due no later than November 9, 2015.  Further requests for extensions of time for this filing will be disfavored.
11/04/2015Motion to Extend Time to File Reply filed  Unopposed Motion for Extension of Time to file Reply filed on behalf of Tom Bennett.
10/11/2016Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of petitioners, Tom Bennett and James B. Bonham Corp. Oral Argument will be presented by D. Todd Smith of Smith Law Group LLLP of Austin, Texas.
10/11/2016Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Larry Grant. Oral Argument will be presented by Don Cruse of Austin, Texas.
10/05/2015Response to Petition  Response to Petition for Review filed on behalf of Larry Wayne Grant.
09/22/2017Mandate issued  Mandate & Cost Bill Issued
09/22/2017Motion for Rehearing - DisposedDenied
09/04/2015Supreme Court of Texas Requested Response  Requested response to petition for review due no later than October 5, 2015.
09/02/2016Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., November 9, 2016.  Time allotted to argue:  20/20 minutes
09/02/2016Petition for Review granted 
09/02/2016Petition for Review disposedFiling granted
08/04/2015Case forwarded to Court 
07/10/2015Response Waiver filed  Response Waiver filed on behalf of Larry Wayne Grant.
07/07/2015Third Motion for Extension of Time to File Petition for Review disposedFiling granted Unopposed Third Motion for Extension of Time to file Peittion for Review is Granted. Petition for Review is considered filed as of July 6, 2015.
07/06/2015Third Motion for Extension of Time to File Petition for Review filed  Unopposed Third Motion for Extension of Time to file Petition for Review filed on behalf of Tom Bennett, et al.
07/06/2015Phone call from Clerk's Office  Spoke with Todd Smith, Counsel for Petitioners' regarding filing date. He will be filing a one day motion for extension of time shortly.
07/06/2015Petition for Review  Petition for Review filed on behalf of Tom Bennett, et al.
06/14/2017Case forwarded to Court 
06/14/2017Motion for Rehearing  Motion for Rehearing filed on behalf of Larry Wayne Grant.
06/03/2015Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Unopposed Motion for Extension of Time to file Petition for Review is Granted. Further requests for extensions of time will be disfavored. Petition for Review is due July 3, 2015.
06/03/2015Second Motion for Extension of Time to File Petition for Review filed  Second Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Tom Bennett, et al.
05/31/2016Reply Brief  Reply Brief on the Merits filed on behalf of Tom Bennett, et al.
05/11/2017Motion for Extension of Time to File Motion for Rehearing disposedFiling granted 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 June 14, 2017.
05/11/2017Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Larry Wayne Grant.
05/05/2015Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time is granted.  Petition for Review is due June 3, 2015.
05/05/2015Motion 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 Tom Bennett.
04/29/2016Motion 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 May 31, 2016.
04/28/2017Court approved judgment sent to attorneys of recordIssued
04/28/2017Opinion issuedCourt of Appeals' judgment affirm and reverse in part; remand to court of appeals The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to that court. Justice Willett delivered the opinion of the Court.
(4/28/2017 2:16:37 PM) 150338.pdf, 15-0338.jmt.pdf
04/28/2016Motion 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 Tom Bennett, et al.
04/13/2016Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Larry Wayne Grant.
03/15/2016Motion 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 Larry Wayne Grant has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Respondent's Brief is due on April 13, 2016. Reply Brief is due on April 28, 2016.
03/15/2016Motion 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 Larry Wayne Grant.
03/08/2018Notice received  Received notice from the US Supreme Court notifying that the petition for writ of certiorari has been denied.
02/29/2016Motion for Extension of Time disposed.Filing granted Third Motion for Extension of Time to file Petitioners' Brief on the Merits is granted. Petitioner's Brief was filed in our Court on February 22, 2016; Response Brief is due March 14, 2016; Reply Brief is due March 29, 2016.
02/29/2016Motion for Extension of Time to File Brief filed  Unopposed 3rd Motion for Extension of Time to file Petitioners' Brief on the Merits. On behalf of Tom Bennett and James B. Bonham Corporation.
02/23/2016Phone call from Clerk's Office  Left voice mail message for Mr. Smith requesting a motion for extension of time to file petitioners' brief on the merits.  Brief was due February 19, 2016, and filed on Febbruary 22, 2016.
02/22/2016Brief on the Merits  Petitioners' Brief on the Merits filed on behalf of Tom Bennett, et al.
01/19/2016Motion for Extension of Time disposed.Filing granted Unopposed Second Motion for Extension of Time to file Petitioners' Brief on the Merits filed on behalf of Tom Bennett, et al. has been granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Petitioners' brief is due February 19, 2016; Respondents' brief is due March 10, 2016; Reply brief is due March 25, 2016.
01/18/2016Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Petitioners' Brief on the Merits filed on behalf of Tom Bennett, et al.
01/12/2017Submission Schedule  Submission Schedule for January 12, 2017.
01/12/2017Oral argument   Argued on behalf of petitioners by D. Todd Smith; Argued on behalf of respondent by Don Cruse
01/09/2018Notice received  Received notice from the U.S. Supreme Court to notify the Court that a petition for a writ of certiorari was filed on December 20, 2017.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
11/13/2017Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Bennett, TomPetitionerMr. D. Todd Smith
Mr. Keith Woodley
Grant, Larry WayneRespondentMr. Darrel Dwayne Spinks
Mr. Robert B. Summers
Mr. Richard T. Miller
Mr. Don W. Cruse Jr.
James B. Bonham CorporationPetitionerMr. D. Todd Smith
Mr. David A. Young
Court of Appeals Information:
Affirmed  
460 SW3d 220, 03-20-15 
3rd Court of Appeals 
Honorable Scott K. Field 
Trial Court Information
33rd District Court 
San Saba 
Honorable Guilford L. (Gil) Jones 
8086