Supreme Court

Case: 15-0921    
15-0921
12/02/2015
Petition for Review/Cause under Rule 53.1
UNITED SCAFFOLDING, INC. 
JAMES LEVINE 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
08/30/2017Response to Motion for RehearingPetitioner Response to Motion for Rehearing filed on behalf of United Scaffolding, Inc.
08/14/2017Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of James Levine.
03/07/2017Post submission brief filedRespondent Post-Submission Letter filed on behalf of James Levine.
03/03/2017Post submission brief filedPetitioner Post-Argument letter filed on behalf of United Scaffolding, Inc.
02/28/2017Exhibits in case/cause filedPetitioner Petitioner's Oral Argument Bench Exhibits filed on behalf of United Scaffolding, Inc.
10/17/2016Reply BriefPetitioner Petitioner's Reply Brief on the Merits filed on behalf of United Scaffolding, Inc.
08/15/2016Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of James Levine.
07/27/2016Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of United Scaffolding, Inc.
02/24/2016Reply to Response to Petition filed Petitioner Reply to Response to Petition for Review filed on behalf of United Scaffolding, Inc.
02/09/2016Response to PetitionRespondent Response to Petition for Review filed on behalf of James Levine.
01/13/2016Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Texas Association of Defense Counsel in support of Petition for Review. Submitted by Roger W. Hughes of Adams & Graham LLP of Harlingen, Texas.
01/11/2016Petition for ReviewPetitioner Petition for Review filed on behalf of United Scaffolding, Inc.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/23/2016Case set for oral argumentCase set for oral argument Oral argument of this case will be conducted on Thursday, March 2, 2017 at 9:00 a.m. at Sam Houston State University in Huntsville, Texas.  See TEX. CONST. ART. V., ยง 3(a).  Time allotted to argue: 20/20 minutes
12/23/2016Petition for Review disposedFiling granted
12/23/2016Petition for Review granted 
12/02/2015Motion for Extension of Time to File Petition for Review disposedFiling granted Unopposed Motion of Time to file Petition for Review, filed on behalf of United Scaffolding, Inc., has been granted. Petition for Review is due January 11, 2016.
12/02/2015Motion for Extension of Time to File Petition for Review filed  Unopposed Motion of Time to file Petition for Review, filed on behalf of United Scaffolding, Inc.
10/17/2016Reply Brief  Petitioner's Reply Brief on the Merits filed on behalf of United Scaffolding, Inc.
09/29/2016Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Reply Brief on the Merits has been granted. NO FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED. Reply Brief is due on October 17, 2016.
09/28/2016Motion for Extension of Time to File Brief filed  Second Unopposed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of United Scaffolding, Inc.
08/30/2017Response to Motion for Rehearing  Response to Motion for Rehearing filed on behalf of United Scaffolding, Inc.
08/24/2016Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Petitioner's Reply Brief on the Merits is Granted. Further requests for extensions of time will be disfavored. Reply brief is due September 30, 2016.
08/23/2016Motion 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 United Scaffolding, Inc.
08/15/2017Supreme Court of Texas Requested Response  Requested response to motion for rehearing due no later than August 30, 2017.
08/15/2016Brief on the Merits  Respondent's Brief on the Merits filed on behalf of James Levine.
08/14/2017Case forwarded to Court 
08/14/2017Motion for Rehearing  Motion for Rehearing filed on behalf of James Levine.
07/27/2016Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of United Scaffolding, Inc.
07/10/2017Motion 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 August 15, 2017.
07/10/2017Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to File Motion for Rehearing filed on behalf of respondent, James Levine.
07/01/2016Case Record Filed   Electronic Appellate Record received.
06/30/2017Court approved judgment sent to attorneys of recordIssued
06/30/2017Dissenting opinion issued.Issued Justice Boyd delivered a dissenting opinion, in which Justice Lehrmann and Justice Devine joined.
06/30/2017Opinion issuedCourt of Appeals' judgment reversed & judgment rendered The Court reverses the court of appeals' judgment and renders judgment.  Justice Green delivered the opinion of the Court, in which Chief Justice Hecht, Justice Johnson, Justice Willett, Justice Guzman, and Justice Brown joined.
(6/30/2017 12:57:43 PM) 150921d.pdf, 150921.pdf, 15-0921.jmt.pdf
06/22/2016Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petitioner's Brief is due on July 27, 2016. Respondent's Brief is due on August 16, 2016. Reply Brief is due on August 31, 2016.
06/21/2016Motion 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 United Saffolding, Inc.
05/31/2016Record Requested in Case  Record requested from the 13th 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.
03/07/2017Post submission brief filed  Post-Submission Letter filed on behalf of James Levine.
03/03/2017Post submission brief filed  Post-Argument letter filed on behalf of United Scaffolding, Inc.
03/02/2017Submission Schedule 
03/02/2017Oral argument   Argued on behalf of petitioner by David M. Gunn; Argued on behalf of respondent by Christopher Portner
02/28/2017Exhibits in case/cause filed  Petitioner's Oral Argument Bench Exhibits filed on behalf of United Scaffolding, Inc.
02/24/2016Reply to Response to Petition filed   Reply to Response to Petition for Review filed on behalf of United Scaffolding, Inc.
02/23/2017Electronic communication sent to Party  Email sent to parties regarding updated oral argument time.  Oral arguments to begin at 9:45 a.m.
02/16/2016Case forwarded to Court 
02/13/2018Case Stored  e-stored
02/13/2017Letter sent to parties from Supreme Court - See Remarks  Letter sent to parties regarding location of oral argument to be held at the Gaertner Performing Arts Center at Sam Houston State University in Huntsville, Texas.
02/09/2016Response to Petition  Response to Petition for Review filed on behalf of James Levine.
01/31/2017Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of petitioner, United Scaffolding, Inc. Oral Argument will be presented by: David M. Gunn of  Beck Redden LLP of Houston, Texas.
01/26/2018Corrected opinion  The Court's opinion issued June 30, 2017 is corrected.  Justice Blacklock did not participate.
01/26/2018Mandate issued  Mandate & Cost Bill Issued
01/26/2018Motion for Rehearing - DisposedDenied Justice Blacklock did not participate.
(1/26/2018 1:20:03 PM) 150921cr.pdf
01/26/2017Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Christopher Portner on behalf of James Levine.
01/13/2016Amicus Curiae Brief received  Amicus Brief of Texas Association of Defense Counsel in support of Petition for Review. Submitted by Roger W. Hughes of Adams & Graham LLP of Harlingen, Texas.
01/11/2016Petition for Review  Petition for Review filed on behalf of United Scaffolding, Inc.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
02/13/2018Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
United Scaffolding, Inc.PetitionerMr. David Gunn
Ms. Kathleen M. Kennedy
Ms. Erin H. Huber
Texas Association of Defense CounselAmicus CuriaeMr. Roger W. Hughes
Levine, JamesRespondentMr. Christopher M. Portner
Mr. J. Trenton Bond
Court of Appeals Information:
Affirmed  
520 SW3d 631, 09-01-15 
13th Court of Appeals 
Honorable Nelda V. Rodriguez 
Trial Court Information
172nd District Court 
Jefferson 
Honorable Donald J. Floyd 
E-177,607