Supreme Court

Case: 15-0803    
15-0803
10/16/2015
Petition for Review/Cause under Rule 53.1
SHIELDS LIMITED PARTNERSHIP 
BOO NATHANIEL BRADBERRY AND 40/40 ENTERPRISES 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
06/29/2017Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Boo Nathaniel Bradberry, et al.
03/21/2017Exhibits in case/cause filedPetitioner Petitioner's Oral Argument Bench Book filed on behalf of Shields Limited Partnership.
01/06/2017Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Shield Limited Partnership.
12/21/2016Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Boo Nathaniel Bradberry and 40/40 Enterprises.
11/02/2016Brief on the MeritsPetitioner Brief on the Merits filed on behalf of Shields Limited Partnership.
09/02/2016Petition Reinstated 
07/26/2016Reply to Response to Motion for Rehearing filedPetitioner Reply to Response to Motion for Rehearing filed on behalf of Shields Limited Partnership.
07/25/2016Response to Motion for RehearingRespondent Response to Motion for Rehearing filed on behalf of Boo Nathaniel Bradberry and 40/40 Enterprises.
05/31/2016Motion for RehearingRehearing filed in Petition for Review Motion for Rehearing filed on behalf of Shields Limited Partnership.
03/29/2016Reply to ResponsePetitioner Reply in Support of Petition for Review, filed on behalf of Shields Limited Partnership.
03/09/2016Response to PetitionRespondent Response to Petition for Review, filed on behalf of Boo Nathaniel Bradberry and 40/40 Enterprises.
12/10/2015Amicus Curiae Brief receivedPetitioner Amicus Curiae Brief, filed on behalf of Texas Apartment Association. Submitted by John Sepehri, of the Texas Apartment Association.
11/19/2015Petition for ReviewPetitioner Petition for Review filed on behalf of Shields Limited Partnership.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/21/2016Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Boo Nathaniel Bradberry and 40/40 Enterprises.
12/10/2015Amicus Curiae Brief received  Amicus Curiae Brief, filed on behalf of Texas Apartment Association. Submitted by John Sepehri, of the Texas Apartment Association.
11/24/2015Case forwarded to Court 
11/22/2016Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Respondent's Brief on the Merit is granted. Further requests for extensions of time will be disfavored. Respondent's brief is due December 22, 2016; and Reply brief is due January 6, 2017.
11/22/2016Motion 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 Boo Nathaniel Bradberry, et al.
11/20/2015Response Waiver filed  Waiver of Response filed on behalf of Boo Nathaniel Bradberry and 40/40 Enterprises.
11/19/2015Petition for Review  Petition for Review filed on behalf of Shields Limited Partnership.
11/02/2016Brief on the Merits  Brief on the Merits filed on behalf of Shields Limited Partnership.
11/02/2015Second 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. Further requests for extensions of time will be disfavored. Petition for Review is due November 30, 2015.
11/02/2015Call received  Spoke with Mr. Boisvert and respondents are unopposed to the second motion for extension of time to file petition for review.
11/02/2015Phone call from Clerk's Office  Left voice mail message for Mr. Boisvert asking if respondents were opposed or unopposed to the second motion for extension of time to file petition for review.
10/30/2015Second 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 Shields Limited Partnership.
10/16/2015Motion 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 Shields Limited Partnership, has been granted. Petition for Review is due October 30, 2015.
10/16/2015Motion 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 Shields Limited Partnership.
10/04/2016Motion 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 November 2, 2016; Respondent's brief is due November 22, 2016; and Reply brief is due December 7, 2016.
10/03/2016Motion 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 Shield Limited Partnership.
09/25/2017Mandate issued  Mandate & Cost Bill Issued
09/22/2017Motion for Rehearing - DisposedDenied
09/18/2017Call received  Received call from Tina in Mr. Slovacek's office to inquire about the status of motion for rehearing. She stated that Mr. Slovacek had called Justice Devine to inquire about the status and he instructed him to call the Clerk's Office.
09/15/2016Case Record Filed   Electronic Appellate Record received.
09/06/2016Record Requested in Case  Record requested from the 5th COA
09/02/2016Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than October 3, 2016; Response brief due October 24, 2016; Reply brief due November 8, 2016
09/02/2016Petition Reinstated 
09/02/2016Previous Order of the Court withdrawn  Order dismissing petition for want of jurisdiction is withdrawn.
09/02/2016Motion for Rehearing - DisposedFiling granted
07/26/2016Reply to Response to Motion for Rehearing filed  Reply to Response to Motion for Rehearing filed on behalf of Shields Limited Partnership.
07/25/2016Response to Motion for Rehearing  Response to Motion for Rehearing filed on behalf of Boo Nathaniel Bradberry and 40/40 Enterprises.
07/08/2016Supreme Court of Texas Requested Response  Requested Response to Motion for Rehearing due no later than July 25, 2016.
06/29/2017Case forwarded to Court 
06/29/2017Motion for Rehearing  Motion for Rehearing filed on behalf of Boo Nathaniel Bradberry, et al.
06/07/2016Case forwarded to Court 
05/31/2016Motion for Rehearing  Motion for Rehearing filed on behalf of Shields Limited Partnership.
05/27/2016Petition for Review disposedDismissed for Want of Jurisdiction See TEX. GOV’T CODE § 22.225(b)(1)
05/26/2017Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Motion for Rehearing has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Motion for Rehearing is due on June 29, 2017.
05/26/2017Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Boo Nathaniel Bradberry and 40/40 Enterprises.
05/12/2017Court approved judgment sent to attorneys of recordIssued
05/12/2017Opinion issuedCourt of Appeals' judgment reversed in part, rendered in part, and remanded to trial court The Court reverses the court of appeals' judgment, renders judgment in part, and remands the case to the trial court.  Justice Guzman delivered the opinion of the Court.
(5/12/2017 4:30:52 PM) 150803.pdf, 15-0803.jmt.pdf
03/29/2016MET to file reply disposed ofFiling granted Unopposed Motion for Extension of Time to file Reply to Response to Petition for Review filed on behalf of Shields Limited Partnership has been granted. Reply was filed on March 29, 2016.
03/29/2016Motion 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 Shields Limited Partnership.
03/29/2016Reply to Response  Reply in Support of Petition for Review, filed on behalf of Shields Limited Partnership.
03/23/2017Submission Schedule 
03/23/2017Oral argument   Argued on behalf of petitioner by Dylan B. Russell; Argued on behalf of respondents by W. Carter Boisvert
03/21/2017Exhibits in case/cause filed  Petitioner's Oral Argument Bench Book filed on behalf of Shields Limited Partnership.
03/09/2017Letter Filed  Letter alerting the Court to additional authority filed on behalf of Shields Limited Partnership.
03/09/2016Response to Petition  Response to Petition for Review, filed on behalf of Boo Nathaniel Bradberry and 40/40 Enterprises.
03/01/2017Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of respondents, Boo Nathaniel Bradberry and 40/40 Enterprises. Oral Argument will be presented by W. Carter Boisvert of Friedman & Feiger, LLP of Dallas, Texas.
03/01/2017Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of petitioner, Shields Limited Partnership. Oral Argument will be presented by Dylan B. Russell of Hoover Slovacek LLP of Houston, Texas.
02/17/2017Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., March 23, 2017.  Time allotted to argue:  20/20 minutes.
02/17/2017Petition for Review disposedFiling granted
02/17/2017Petition for Review granted 
02/07/2018Case Stored  e-stored
02/05/2016Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Response to Petition for Review is granted. Requested Response is due March 9, 2016. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
02/05/2016Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review. On behalf of Boo Nathaniel Bradberry and 40/40 Enterprises.
01/08/2016Supreme Court of Texas Requested Response  Requested response to petition for review due no later than February 8, 2016.
01/06/2017Reply Brief  Reply Brief on the Merits filed on behalf of Shield Limited Partnership.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
02/07/2018Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Apartment AssociationAmicus CuriaeMr. John Sepehri
Boo Nathaniel BradberryRespondentMr. W. Carter Boisvert
Shields Limited PartnershipPetitionerMr. Joseph O. Slovacek
Mr. Paul Aram Pilibosian
Mr. Dylan Russell
40/40 EnterprisesRespondentMr. W. Carter Boisvert
Court of Appeals Information:
Affirmed  
518 SW3d 49, 06-23-15 
5th Court of Appeals 
Honorable Lana Rolf Myers 
Trial Court Information
County Court at Law No 5 
Dallas 
Honorable Mark B. Greenberg 
CC-14-00541-E