Supreme Court

Case: 16-0120    
16-0120
02/19/2016
Petition for Review/Cause under Rule 53.1
STEVEN PAINTER; TONYA WRIGHT, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF EARL A. WRIGHT, III, DECEASED; VIRGINIA WEAVER, INDIVIDUALLY AND AS NEXT FRIEND OF A.A.C., A MINOR; AND TABITHA R. ROSELLO, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF ALBERT CARILLO, DECEASED 
AMERIMEX DRILLING I, LTD. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
08/01/2018Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief received by American Subcontractors Association.  Submitted by Brian K. Carroll with Stanford & Carroll PC of Temple, Texas.
07/03/2018Amicus Curiae Brief receivedReceived (instead of filed) Brief of Amicus Curiae Texas Association of Defense Counsel in Support of Respondent Amerimex's Motion for Rehearing submitted by Roger W. Hughes of Adams & Graham, L.L.P. of Harlingen, Texas.
06/28/2018Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Amerimex Drilling I, Ltd.
12/05/2017Exhibits in case/cause filedRespondent Oral Argument Exhibits filed on behalf of Amerimex Drilling I, Ltd.
08/15/2017Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Texas Association of Defense Counsel in support of respondent, Amerimex, submitted by Roger W. Hughes of Adams & Graham, L.L.P. of Harlingen, Texas.
02/06/2017Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Steven Painter, et al.
12/21/2016Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Amerimex Drilling I, Ltd.
11/02/2016Brief on the MeritsPetitioner Petitioners' Brief on the Merits filed on behalf of Steven Painter, et al.
06/22/2016Reply to ResponsePetitioner Reply to Response to Petition for Review filed on behalf of Steven Painter, et al.
06/07/2016Response to PetitionRespondent Response to Petition for Review filed on behalf of Amerimex Drilling I, Ltd.
04/05/2016Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief filed on behalf of Texas Trial Lawyers Association.
02/19/2016Petition for ReviewPetitioner Petition for Review filed on behalf of Steven Painter, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/29/2016Motion for Extension of Time disposed.Filing granted 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 February 6, 2017.
12/22/2016Motion 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 Steven Painter, et al.
12/21/2016Brief on the Merits  Response Brief on the Merits filed on behalf of Amerimex Drilling I, Ltd.
12/14/2018Mandate issued  Mandate & Cost Bill Issued
12/14/2018Motion for Rehearing - DisposedDenied
12/06/2017Submission Schedule  Submission Schedule for December 6, 2017.
12/06/2017Oral argument   Argued on behalf of petitioners by Peter M. Kelly; Argued on behalf of respondent by S. Anthony Safi
12/05/2017Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Amerimex Drilling I, Ltd.
11/22/2017Oral Argument Submission Form from Attorney received  Updated Oral Argument Submission Form submitted on behalf of petitioner, Steven Painter, et al. Oral Argument will be presented by Peter M. Kelly of Kelly, Durham & Pittard, L.L.P. of Houston, Texas.
11/14/2016Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits is granted. Further requests for extensions of time will be disfavored. Respondent brief is due December 22, 2016; and Reply brief is due January 6, 2017.
11/11/2016Motion 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 Amerimex Drilling I, Ltd.
11/02/2016Brief on the Merits  Petitioners' Brief on the Merits filed on behalf of Steven Painter, et al.
10/03/2016Motion for Extension of Time disposed.Filing granted Motion for Extension of Time is granted. Petitioner's Brief is due November 2, 2016. Further requests for extensions of time for this filing will be disfavored. Response Brief is due November 22, 2016. 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 Steven Painter, et al.
09/15/2016Case Record Filed   Electronic Appellate Record received.
09/08/2017Motion to re-set submission date disposedFiling granted Unopposed Motion to Reschedule Oral Argument granted. This cause has been reset for oral argument at 9:00 a.m., December 6, 2017.  Time allotted to argue:  20/20 minutes
09/07/2017Motion to re-set submission date filed.  Unopposed Motion to Reschedule Oral Argument filed on behalf of Amerimex Drilling I, Ltd.
09/07/2017Call received  From Mr. Anthony Safi - attorney for respondents inquiring about postponing oral arguments due to illness.
09/06/2016Record Requested in Case  Record requested from the 8th 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
08/25/2017Letter Filed  Letter to notify the Court that Mr. Rahul Malhotra will no longer be representing Petitioner.
08/15/2017Amicus Curiae Brief received  Amicus Brief of Texas Association of Defense Counsel in support of respondent, Amerimex, submitted by Roger W. Hughes of Adams & Graham, L.L.P. of Harlingen, Texas.
08/01/2018Amicus Curiae Brief received  Amicus Brief received by American Subcontractors Association.  Submitted by Brian K. Carroll with Stanford & Carroll PC of Temple, Texas.
07/25/2017Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of petitioner, Steven Painter, et al. Oral Argument will be presented by Peter M. Kelly of Kelly, Durham & Pittard, L.L.P. of Houston, Texas.
07/10/2017Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of respondent, Amerimex Drilling I, Ltd. Oral Argument will be presented by S. Anthony Safi of Mounce Green Myers Safi Paxson & Galatzan, A Professional Corporation, of El Paso, Texas.
07/03/2018Amicus Curiae Brief received  Brief of Amicus Curiae Texas Association of Defense Counsel in Support of Respondent Amerimex's Motion for Rehearing submitted by Roger W. Hughes of Adams & Graham, L.L.P. of Harlingen, Texas.
07/03/2018Response Waiver filed  Conditional Response Waiver to Motion for Rehearing filed on behalf of Steven Painter, et al.
06/30/2017Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., September 13, 2017.  Time allotted to argue:  20/20 minutes
06/28/2018Case forwarded to Court 
06/28/2018Motion for Rehearing  Motion for Rehearing filed on behalf of Amerimex Drilling I, Ltd.
06/22/2016Reply to Response  Reply to Response to Petition for Review filed on behalf of Steven Painter, et al.
06/07/2016Response to Petition  Response to Petition for Review filed on behalf of Amerimex Drilling I, Ltd.
05/25/2018Notice of Appearance  Notice of Appearance of Additional Counsel filed on behalf of Amerimex Drilling I, Ltd.
05/25/2018Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Second Motion for Extension of Time to file Motion for Rehearing has been granted. NO FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED. Motion for Rehearing is due on June 28, 2018.
05/25/2018Motion for Extension of Time to File Motion for Rehearing  Second Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Amerimex Drilling I, Ltd.
05/03/2016Motion for Extension of Time to File Response disposedFiling granted Unopposed Motion for Extension of Time to file Response to Petition for Review is Granted. Further requests for extensions of time will be disfavored. Response is due June 8, 2016.
05/02/2016Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Amerimex Drilling I, Ltd.
04/27/2018Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Rehearing granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Rehearing is due May 29, 2018.
04/27/2018Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Rehearing filed on behalf of Amerimex Drilling I, Ltd.
04/16/2018Letter sent to parties from Supreme Court - See Remarks  Letter sent to parties regarding correction to majority opinion.  Footnote no. 5 on page 3 updated to abbreviate minor's name.
(4/16/2018 4:59:26 PM) 160120.pdf
04/13/2018Court approved judgment sent to attorneys of recordIssued
04/13/2018Dissenting opinion issued.Issued Justice Green delivered a dissenting opinion, in which Justice Brown joined.
04/13/2018Opinion 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 Lehrmann delivered the opinion of the Court, in which Chief Justice Hecht, Justice Johnson, Justice Guzman, Justice Boyd, and Justice Devine joined.  Justice Blacklock did not participate in the decision.
(4/13/2018 4:46:14 PM) 160120d.pdf, 160120.pdf, 16-0120.jmt.pdf
04/08/2016Supreme Court of Texas Requested Response  Requested response to petition for review due no later than May 9, 2016.
04/05/2016Amicus Curiae Brief received  Amicus Brief filed on behalf of Texas Trial Lawyers Association.
03/10/2017Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
03/10/2017Petition for Review granted 
03/08/2016Case forwarded to Court 
03/01/2016Response Waiver filed  Response waiver filed on behalf of Amerimex Drilling I Ltd.
02/23/2016Phone call from Clerk's Office  Called attorney for petitioner regarding changes to be made to struck petition.
02/23/2016Case Record Filed   Appellate Record (containing only the Court of Appeals' Briefs, judgment and opinion) filed on behalf of Steven Painter, et al.
02/19/2016Clerk's Record  Clerk's Record Part I & II filed on behalf of Steven Painter, et al.
02/19/2016Petition for Review  Petition for Review filed on behalf of Steven Painter, et al.
02/06/2017Reply Brief  Reply Brief on the Merits filed on behalf of Steven Painter, et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
12/14/2018Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Trial Lawyers AssociationAmicus CuriaeJeffrey Blake Simon
The Honorable Peter Kelly
Wright, TonyaPetitionerMr. David W. Lauritzen
Mr. Jon Robert Hanna
Texas Association of Defense CounselAmicus CuriaeMr. Roger W. Hughes
American Subcontractors AssociationAmicus CuriaeMr. Brian Keith Carroll
Weaver, VirginiaPetitionerMr. David W. Lauritzen
The Honorable Peter Kelly
Ms. Rachel M.C. Ambler
Rosello, Tabitha R.PetitionerThe Honorable Peter Kelly
Mr. David W. Lauritzen
Ms. Rachel M.C. Ambler
Amerimex Drilling I, Ltd.RespondentMs. Karen Crook Burgess
Mr. S. Anthony Safi
Mr. Douglas Alexander
Ms. Anna M. Baker
Painter, StevenPetitionerThe Honorable Peter Kelly
Mr. Jon Robert Hanna
Mr. David W. Lauritzen
Court of Appeals Information:
Affirmed  
511 SW3d 700, 11-03-15 
8th Court of Appeals 
Honorable Ann Crawford McClure 
Trial Court Information
83rd District Court 
Pecos 
Honorable Robert E. Cadena 
P-6666B-83-CV