Supreme Court

Case: 15-0847    
15-0847
11/04/2015
Petition for Review/Cause under Rule 53.1
RON SOMMERS, AS CHAPTER 7 TRUSTEE FOR ALABAMA AND DUNLAVY, LTD., FLAT STONE II, LTD., AND FLAT STONE, LTD., AND AS SUCCESSOR IN INTEREST TO JAY COHEN, INDIVIDUALLY AND AS TRUSTEE OF THE JHC TRUSTS I AND II 
SANDCASTLE HOMES, INC. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
03/10/2017Post submission brief filedRespondent Post-Submission Letter Brief submitted on behalf of respondents Sandcastle Homes, Inc., and NewBiss Property, LP.
03/10/2017Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter of Texas Association of Builders. Submitted by Manuel (Ned) Muñoz, V.P. of Regulatory Affairs and General Counsel of TAB.
03/10/2017Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter Brief of Texas Land Title Association. Submitted by Aaron Day, Director of Government Affairs of TLTA, Austin Texas.
02/08/2017Exhibits in case/cause filedPetitioner Oral Argument Exhibits filed on behalf of petitioners, Ron Sommers, et al.
08/31/2016Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Ron Sommers, et al.
08/16/2016Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Sandcastle Homes, Inc.
07/13/2016Brief on the MeritsPetitioner Brief on the Merits filed on behalf of Ron Sommers, et al.
03/07/2016Response to PetitionRespondent Response to Petition for Review filed on behalf of Sandcastle Homes, Inc.
01/06/2016Petition for ReviewPetitioner Petition for Review, filed on behalf of Ron Sommers.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/23/2016Case set for oral argumentCase set for oral argument This cause has been consolidated for oral argument with 15-0848 and set for 9:00 a.m., February 9, 2017.  Time allotted to argue:  20/20 minutes
12/23/2015Third Motion for Extension of Time to File Petition for Review disposedFiling granted Third Unopposed Motion for Extension of Time to file Petition for Review, filed on behalf of Ron Sommers, has been granted. NO FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED. Petition for Review is due January 6, 2016.
12/23/2015Third Motion for Extension of Time to File Petition for Review filed  Third Unopposed Motion for Extension of Time to file Petition for Review, filed on behalf of Ron Sommers.
12/08/2015Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Unopposed Motion for Extension of Time to file Petition for Review, filed on behalf of Ron Sommers, has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petition for Review is due December 23, 2015.
12/08/2015Second 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 Ron Sommers.
12/02/2016Case set for oral argumentThe date and time for oral argument are yet to be determined. The date and time for oral argument are yet to be determined.  Consolidated for oral argument with case no. 15-0848.
12/02/2016Petition for Review disposedFiling granted
12/02/2016Petition for Review granted 
11/04/2015Motion for Extension of Time to File Petition for Review disposedFiling granted Petition for Review is due December 8, 2015.
11/04/2015Motion for Extension of Time to File Petition for Review filed  First Unopposed Motion for Extension of Time to File Petition for Review. On behalf of Ron Sommers.
08/31/2016Reply Brief  Reply Brief on the Merits filed on behalf of Ron Sommers, et al.
08/16/2016Brief on the Merits  Response Brief on the Merits filed on behalf of Sandcastle Homes, Inc.
07/28/2017Mandate issued  Mandate & Cost Bill Issued
07/28/2016Motion 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 will be disfavored. Respondent's brief is due August 16, 2016; and Reply brief is due August 31, 2016.
07/28/2016Motion for Extension of Time to File Brief filed  Unopposed Motion to Extend Time to file Response Brief on the Merits filed on behalf of Sandcastle Homes, Inc.
07/26/2016Case Record Filed   Electronic Appellate Record received.
07/14/2016Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Petitioner's Brief on the Merits has been granted. NO FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED. Petitioner's Brief is due on July 13, 2016. Respondent's Brief is due on August 2, 2016. Reply Brief is due on August 17, 2016.
07/13/2016Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Ron Sommers, et al.
07/13/2016Brief on the Merits  Brief on the Merits filed on behalf of Ron Sommers, et al.
06/27/2016Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Petitioners' Brief on the Merits is Granted. Further requests for extensions of time will be disfavored. Petitioenrs' brief is due July 11, 2016; Respondent's brief is due August 1, 2016; and Reply brief is due August 16, 2016.
06/24/2016Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioners' Brief on the Merits filed on behalf of Ron Sommers, et al.
06/16/2017Court approved judgment sent to attorneys of recordIssued
06/16/2017Dissenting opinion issued.Issued Justice Willett delivered a dissenting opinion of the Court, in which Chief Justice Hecht and Justice Devine joined.
06/16/2017Concurring and Dissenting Opinion deliveredIssued Justice Lehrmann delivered an opinion concurring in part and dissenting in part.
06/16/2017Opinion 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 Brown delivered the opinion of the Court, in which Justice Green, Justice Johnson, Justice Guzman, and Justice Boyd joined.
(6/16/2017 5:53:05 PM) 150847d.pdf, 150847cd.pdf, 150847.pdf, 15-0847.jmt.pdf
05/31/2016Record Requested in Case  Record requested from the 1st COA
05/27/2016Brief on the Merits Ordered  Brief on the Merits Requested:  Petitioner's brief due no later than June 27, 2016, Response brief due July 18, 2016, Reply brief due August 2, 2016.
03/10/2017Amicus Curiae Letter Received  Amicus Letter of Texas Association of Builders. Submitted by Manuel (Ned) Muñoz, V.P. of Regulatory Affairs and General Counsel of TAB.
03/10/2017Post submission brief filed  Post-Submission Letter Brief submitted on behalf of respondents Sandcastle Homes, Inc., and NewBiss Property, LP.
03/10/2017Amicus Curiae Letter Received  Amicus Letter Brief of Texas Land Title Association. Submitted by Aaron Day, Director of Government Affairs of TLTA, Austin Texas.
03/08/2016Case forwarded to Court 
03/07/2016Response to Petition  Response to Petition for Review filed on behalf of Sandcastle Homes, Inc.
02/09/2017Submission Schedule  Submission Schedule for February 9, 2017.
02/09/2017Oral argument   Consolidated with cause 15-0848 - Argued on behalf of petitioners by Joseph L. Lanza; Argued on behalf of respondents by Bradford W. Irelan
02/08/2017Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of petitioners, Ron Sommers, et al.
01/29/2016Motion for Extension of Time to File Response disposedFiling granted Unopposed Motion for Extension of Time to file Response to Petition for Review, filed on behalf of Sandcastle Homes, Inc., has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response to Petition for Review is due on March 7, 2016.
01/29/2016Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review, filed on behalf of Sandcastle Homes, Inc.
01/18/2017Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Bradford W. Irelan filed on behalf of Sandcastle Homes, Inc.
01/17/2017Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of petitioners, Ron Sommers, et al. Oral Argument will be presented by Joseph L. Lanza of Vethan Law Firm, P.C. of San Antonio Texas.
01/06/2016Petition for Review  Petition for Review, filed on behalf of Ron Sommers.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/28/2017Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Association of BuildersAmicus CuriaeMr. Manuel (Ned) Munoz, Jr.
Dunlavy, Ltd.PetitionerMr. Joseph L. Lanza
Mr. Charles M. Vethan
Sommers, RonPetitionerMr. Joseph L. Lanza
Mr. Charles M. Vethan
Sandcastle Homes, Inc.RespondentMr. Bradford W. Irelan
Mr. Blaine Hummel
Cohen, JayPetitionerMr. Joseph L. Lanza
Mr. James Eloi Doyle  
Ms. Nicole S. Bakare
Mr. Charles M. Vethan
Mr. Kemp W. Gorthey
Flat Stone, Ltd.PetitionerMr. Charles M. Vethan
Mr. Joseph L. Lanza
Texas Land Title AssociationAmicus CuriaeMr. Aaron Daniel Day
Flat Stone II, Ltd.PetitionerMr. Joseph L. Lanza
Mr. Charles M. Vethan
Court of Appeals Information:
Affirmed  
469 SW3d 173, 02-26-15 
1st Court of Appeals 
Honorable Sherry Radack 
Trial Court Information
234th District Court 
Harris 
Honorable Wesley R. Ward 
2010-20973B