Supreme Court

Case: 15-0993    
15-0993
12/23/2015
Petition for Review/Cause under Rule 53.1
THE HONORABLE MARK HENRY, COUNTY JUDGE OF GALVESTON COUNTY 
THE HONORABLE LONNIE COX, JUDGE OF THE 56TH DISTRICT COURT OF GALVESTON COUNTY 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
03/16/2017Post submission brief filedPetitioner Post-Submission Brief letter filed on behalf of The Honorable Mark Henry.
03/14/2017Post submission brief filedRespondent Post-Submission Brief letter filed on behalf of The Honorable Lonnie Cox.
11/04/2016Reply BriefPetitioner Reply Brief on the Merits filed on behalf of The Honorable Mark Henry, County Judge of Galveston County.
10/11/2016Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter of Nathan Jensen.
09/26/2016Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of The Hon. Lonnie Cox.
09/07/2016Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of The Honorable Mark Henry, County Judge of Galveston County.
07/05/2016Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of the Texas Association of Counties, et al. in support of The Honorable Mark Henry. Submitted by Stan Reid of Texas Association of Counties.
05/19/2016Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of Collin County, Texas.
05/18/2016Reply to ResponsePetitioner Reply in support of Petition for Review filed on behalf of The Honorable Mark Henry.
05/17/2016Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of County of El Paso in support of Petitioner. Submitted by Manuel Romero and Kevin McCary of the El Paso County Attorney's Office.
05/10/2016Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter of Bexar County Commissioners Court Judges Nelson Wolff, Serio Rodriguez, Paul Elizondo, Kevin Wolff and Tommy Calvert.
05/06/2016Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Brazoria County, Texas in support of Petitioner. Submitted by Jeri Yenne of Brazoria County District Attorney of Angleton, Texas.
04/18/2016Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of Texas Conference of Urban Counties.
04/18/2016Response to PetitionRespondent Response to Petition for Review filed on behalf of The Honorable Lonnie Cox.
04/07/2016Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of Harris County in support of Petitioner. Submitted by Bruce Powers of Harris County Attorney's Office.
02/05/2016Petition for ReviewPetitioner Petition for Review filed on behalf of The Honorable Mark Henry, County Judge of Galveston County.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/23/2015Motion to Stay Filed   Emergency Motion to Stay Court of Appeals’ Mandate filed on behalf of Honorable Mark Henry, County Judge of Galveston County.
12/20/2016Phone call from Clerk's Office  Call made to parties regarding the denial of the Emergency Motion to Prevent Interference with Subject Matter of Court's Jurisdiction.  
12/20/2016Motion to Stay DisposedDenied Emergency Motion to Prevent Interference with Subject Matter of Court's Jurisdiction denied
12/20/2016Reply to Response to Motion  Reply to Response to Emergency Motion filed on behalf of The Honorable Lonnie Cox.
12/19/2016Response to Motion filed  Amended Response to Emergency Motion to Prevent Interference with Subject Matter of Court's Jurisdiction filed on behalf of Honorable Mark Henry
12/19/2016Response to Motion filed  Response to Emergency Motion to Prevent Interference with Subject Matter of Court's Jurisdiction filed on behalf of The Honorable Mark Henry
12/19/2016Phone call from Clerk's Office  Call made to petitioner attorneys regarding request for response to Emergency Motion to Prevent Interference with Subject Matter of Court's Jurisdiction.  Response due no later than 5 p.m., December 19, 2016.
12/19/2016Supreme Court of Texas Requested Response  Requested response to Emergency Motion due by 5:00 p.m. on December 19, 2016.
12/19/2016Motion to Stay Filed   Emergency Motion to Prevent Interference with Subject Matter of Court’s Jurisdiction filed on behalf of respondent, Hon. Lonnie Cox.
11/04/2016Reply Brief  Reply Brief on the Merits filed on behalf of The Honorable Mark Henry, County Judge of Galveston County.
10/25/2016Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Reply Brief is granted. Reply Brief on the Merits is due November 4, 2016. No further requests for extension of time for this filing will be considered.
10/25/2016Response to Motion filed  Response to Second Motion for Extension of Time to file Reply Brief filed on behalf of Honorable Lonnie Cox.
10/25/2016Call received  Call received from counsel for respondent, the motion is opposed and a response will be filed.
10/24/2016Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Honorable Mark Henry.
10/11/2016Amicus Curiae Letter Received  Amicus Letter of Nathan Jensen.
10/10/2016Motion for Extension of Time disposed.Filing granted Motion for Extension of Time is granted. Reply Brief is due October 27, 2016. Further requests for extensions of time for this filing will be disfavored.
10/07/2016Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Reply Brief filed on behalf of Hon. Mark Henry.
09/26/2016Brief on the Merits  Response Brief on the Merits filed on behalf of The Hon. Lonnie Cox.
09/07/2016Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of The Honorable Mark Henry, County Judge of Galveston County.
08/19/2016Motion for Extension of Time disposed.Filing granted Opposed Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of the Honorable Mark Henry has been granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Petitioner's brief is due September 7, 2016; Respondent's brief is due September 27, 2016; Reply brief is due October 12, 2016.
08/18/2016Response to Motion filed  Response to Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of The Honorable Lonnie Cox.
08/18/2016Motion for Extension of Time to File Brief filed  Opposed Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of the Honorable Mark Henry.
07/24/2017Case Stored  e-stored
07/21/2016Notice from Counsel of a change in address  Notice of Change of Firm Affiliation and Address for counsel for Petitioner, filed on behalf of the Honorable Mark Henry.
07/13/2016Motion for Extension of Time disposed.Filing granted 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 August 22, 2016; Respondent's brief is due September 12, 2016; and Reply brief is due September 27, 2016.
07/13/2016Response to Motion filed  Response to Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Honorable Lonnie Cox.
07/11/2016Electronic communication sent to Party  E-mailed Mr. Stevens, counsel for respondent, to determine if a response to opposed motion will be filed.
07/11/2016Motion for Extension of Time to File Brief filed  Opposed Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of the Honorable Mark Henry.
07/06/2016Case Record Filed   Electronic Appellate Record received.
07/05/2016Amicus Curiae Brief received  Amicus Curiae Brief of the Texas Association of Counties, et al. in support of The Honorable Mark Henry. Submitted by Stan Reid of Texas Association of Counties.
06/30/2017Mandate issued  Mandate & Cost Bill Issued
06/21/2016Record Requested in Case  Record requested from the 1st COA
06/17/2016Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than July 18, 2016; Response brief due August 8, 2016; Reply brief due August 23, 2016.
05/26/2017Miscellaneous motion disposed. See Remarks.Denied Motion for Expedited Mandate denied
05/25/2017Letter Filed  Letter filed on behalf of Judge Lonnie Cox.
05/25/2017Miscellaneous Motion  Motion for Expedited Mandate under T.R.A.P. 18.1 filed on behalf of The Honorable Lonnie Cox.
05/19/2017Stay Order lifted  Stay order issued January 6, 2016 is lifted.
05/19/2017Court approved judgment sent to attorneys of recordIssued
05/19/2017Opinion 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 Willett delivered the opinion of the Court.  
(5/19/2017 4:25:55 PM) 150993.pdf, 15-0993.jmt.pdf
05/19/2017Miscellaneous motion disposed. See Remarks.Filing dismissed as moot Motion to Lift Stay of Mandate and Referral to District Court dismissed as moot
05/19/2016Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of Collin County, Texas.
05/18/2016Reply to Response  Reply in support of Petition for Review filed on behalf of The Honorable Mark Henry.
05/17/2016Amicus Curiae Brief received  Amicus Curiae Brief of County of El Paso in support of Petitioner. Submitted by Manuel Romero and Kevin McCary of the El Paso County Attorney's Office.
05/10/2016Phone call from Clerk's Office  Left message for Judge Nelson Wolff. Requested that the amicus letter be electronically filed per the electronic filing rules, and a certificate of service added.
05/10/2016Amicus Curiae Letter Received  Amicus Letter of Bexar County Commissioners Court Judges Nelson Wolff, Serio Rodriguez, Paul Elizondo, Kevin Wolff and Tommy Calvert.
05/06/2016Amicus Curiae Brief received  Amicus Brief of Brazoria County, Texas in support of Petitioner. Submitted by Jeri Yenne of Brazoria County District Attorney of Angleton, Texas.
05/02/2016MET to file reply disposed ofFiling granted Opposed Motion for Extension of Time to file Reply in Support of Petition for Review field on behalf of The Honorable Mark Henry has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply is due May 18, 2016.
05/02/2016Response to Motion filed  Response to Motion for Extension of Time to file Reply filed on behalf of The Honorable Lonnie Cox.
04/29/2016Call received  Call received from counsel for respondent regarding motion.
04/29/2016Electronic communication sent to Party  Emailed counsel for respondent to determine if a response to the motion would be filed.
04/29/2016Motion to Extend Time to File Reply filed  Opposed Motion for Extension of Time to file Reply in Support of Petition for Review, filed on behalf of The Honorable Mark Henry.
04/18/2016Response to Petition  Response to Petition for Review filed on behalf of The Honorable Lonnie Cox.
04/18/2016Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of Texas Conference of Urban Counties.
04/07/2016Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of Harris County in support of Petitioner. Submitted by Bruce Powers of Harris County Attorney's Office.
03/18/2016Supreme Court of Texas Requested Response  Requested Response to Petition for Review due no later than April 18, 2016.
03/17/2016Phone call from Clerk's Office  Communication returned regarding status of petition for review and Internal Operation procedure.  Informed Bonita Quiroga that petition is pending and per the Internal Operation Procedure, the Court has 30 days to vote on a petition once it has been forwarded for review.  
03/16/2017Post submission brief filed  Post-Submission Brief letter filed on behalf of The Honorable Mark Henry.
03/14/2017Post submission brief filed  Post-Submission Brief letter filed on behalf of The Honorable Lonnie Cox.
03/09/2017Submission Schedule 
03/09/2017Oral argument   Argued on behalf of petitioner by N. Terry Adams, Jr.; Argued on behalf of respondent by Mark W. Stevens
02/16/2016Case forwarded to Court 
02/14/2017Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Mark W. Stevens of Galveston, filed on behalf of The Honorable Lonnie Cox.
02/14/2017Oral Argument Submission Form from Attorney received  Oral Argument will be presented by N. Terry Adams, Jr. with Akerman LLP of Houston, Texas, filed on behalf of The Honorable Mark Henry.
02/09/2016Response Waiver filed  Response Waiver filed on behalf of The Honorable Lonnie Cox.
02/05/2016Petition for Review  Petition for Review filed on behalf of The Honorable Mark Henry, County Judge of Galveston County.
01/20/2017Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., March 9, 2017.  Time allotted to argue:  20/20 minutes
01/20/2017Petition for Review disposedFiling granted
01/20/2017Petition for Review granted 
01/19/2017Notice received  Official Notice of Counsel, James E. “Trey” Trainor, III of the Discontinuation of his Representation of Petitioner, The Honorable Mark Henry, County Judge of Galveston County due to new employment with the United States Government.
01/18/2016Reply to Response to Motion  Reply to Response to Motion for Referral to District Court filed on behalf of the Honorable Lonnie Cox.
01/15/2016Response to Motion filed  Response to Motion for Referral to District Court filed on behalf of the Honorable Mark Henry.
01/15/2016Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to File Petition for Review granted.  Petition for review due no later than February 5, 2016.  
01/12/2016Reply to m/e/t to file petition for review filed  Reply in Support of Motion for Extension of Time to file Petition for Review filed on behalf of Honorable Mark Henry.
01/11/2016Amendment to Motion filed   AMENDMENT to Motion to Lift Stay of Mandate and refer case to District Court filed on behalf of the Honorable Lonnie Cox.
01/11/2016Motion to lift stay filed  Motion to Lift Stay of Mandate and refer case to District Court filed on behalf of the Honorable Lonnie Cox.
01/11/2016Response to Motion for Extension of Time to File Petition for Review  Response to Motion for Extension of Time to file Petition for Review, filed on behalf of the Honorable Lonnie Cox.
01/07/2016Call received  Received call from counsel for respondent, stating that he would file a response to the motion tomorrow.
01/07/2016Electronic communication sent to Party  Emailed counsel for respondent to determine if they were opposed to the motion.
01/07/2016Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review, filed on behalf of the Honorable Mark Henry.
01/06/2016Phone call from Clerk's Office  Call made to Mr. Stevens and Mr. Adams informing them that all proceedings have been stayed.
01/06/2016Stay Order issued 
01/06/2016Motion to Stay DisposedFiling granted Emergency Motion to Stay Court of Appeals' Mandate granted
01/06/2016Miscellaneous motion disposed. See Remarks.Filing dismissed as moot Petitioner's Emergency Motion for Expedited Consideration of Emergency Motion to Stay Court of Appeals' Mandate dismissed as moot
01/05/2016Motion to Expedite Filed  Petitioner’s Emergency Motion for Expedited Consideration (By 9 A.M. Tomorrow, Wednesday January 6) of Emergency Motion to Stay Court of Appeals’ Mandate. On behalf of Honorable Mark Henry.
01/05/2016Call received  Call received from Terry Adams, counsel for Petitioner, informing the court that they plan to file an emergency motion within the next hour.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/24/2017Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Jensen, Nathan Amicus CuriaeMr. Nathan Jensen
Texas Association of CountiesAmicus CuriaeMr. Stan Reid
Collin County, TexasAmicus CuriaeMr. J. Gregory Hudson
Bexar County Commissioners CourtAmicus CuriaeMr. John B. Dahill  
County Judges and Commissioners Association of TexasAmicus CuriaeMr. Stan Reid
Brazoria County, TexasAmicus CuriaeMs. Jerilynn Yenne
West Texas County Judges and Commissioners AssociationAmicus CuriaeMr. Stan Reid
County of El PasoAmicus CuriaeMs. Jo Anne Bernal
Mr. Kevin Paul McCary
Mr. Manuel Romero Jr.
Henry, Honorable MarkPetitionerMr. Nicholas D. Stepp  
Mr. Joseph Nixon
Mr. Edward L. Friedman
Justice N. Terry Adams Jr.
South Texas County Judges and Commissioners AssociationAmicus CuriaeMr. Stan Reid
Texas Conference of Urban CountiesAmicus CuriaeMr. John B. Dahill  
Harris CountyAmicus CuriaeMr. Bruce S. Powers
North and East Texas County Judges and Commissioners AssociationAmicus CuriaeMr. Stan Reid
Cox, Honorable LonnieRespondentMr. Mark W. Stevens
Court of Appeals Information:
Affirmed  
483 SW3d 119, 12-22-15 
1st Court of Appeals 
Honorable Terry Jennings 
Trial Court Information
56th District Court 
Galveston 
Honorable Lonnie Cox 
15-CV-0583