Supreme Court

Case: 16-0155    
16-0155
03/04/2016
Petition for Review/Cause under Rule 53.1
JAMES H. DAVIS, INDIVIDUALLY AND D/B/A JD MINERALS, AND JDMI, LLC 
MARK MUELLER 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
06/25/2017Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Mark Mueller.
03/21/2017Exhibits in case/cause filedPetitioner Oral Argument Exhibits filed on behalf of petitioners, James H. Davis, et al.
11/30/2016Reply BriefPetitioner Petitioner's Reply Brief on the Merits filed on behalf of James H. Davis, et al.
11/15/2016Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Mark Mueller.
10/21/2016Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of James H. Davis.
09/16/2016Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter of Kundysek Family Investments LP in support of Petitioner. Submitted by Ben L. Mesches and Ryan Paulsen of Haynes and Boone, LLP of Dallas, Texas.
08/17/2016Reply to ResponsePetitioner Reply to Response to Petition for Review filed on behalf of James H. Davis, et al.
08/04/2016Response to PetitionRespondent Response to Petition for Review filed on behalf of Mark Mueller.
04/19/2016Petition for ReviewPetitioner Petition for Review filed on behalf of James H. Davis, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
11/30/2016Reply Brief  Petitioner's Reply Brief on the Merits filed on behalf of James H. Davis, et al.
11/15/2016Motion 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's brief is due November 15, 2016; and Reply brief is due November 30, 2016.
11/15/2016Motion 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 Mark Mueller.
11/15/2016Call received  Provided Mr. Whitehurst's office assistance in resubmitting the brief. Their office encountered technical problems submitting the brief, and will need to file a motion for extension of time.
11/15/2016Brief on the Merits  Response Brief on the Merits filed on behalf of Mark Mueller.
10/21/2016Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of James H. Davis.
09/27/2016Case Record Filed   Electronic Appellate Record received.
09/26/2016Record Requested in Case  Record requested from the 6th COA
09/25/2017Mandate issued  Mandate & Cost Bill Issued
09/23/2016Brief on the Merits Ordered  Brief on the Merits requested:  Petitioner's brief due no later than October 24, 2016; Response brief due November 14, 2016; Reply brief due November 29, 2016.
09/22/2017Motion for Rehearing - DisposedDenied with Justice not sitting. (Justice Boyd not sitting)
09/16/2016Amicus Curiae Letter Received  Amicus Curiae Letter of Kundysek Family Investments LP in support of Petitioner. Submitted by Ben L. Mesches and Ryan Paulsen of Haynes and Boone, LLP of Dallas, Texas.
08/17/2016Phone call from Clerk's Office  Call made to Ms. Vicknair regarding corrections for reply to response to petition for review.
08/17/2016Reply to Response  Reply to Response to Petition for Review filed on behalf of James H. Davis, et al.
08/04/2016Response to Petition  Response to Petition for Review filed on behalf of Mark Mueller.
06/26/2017Case forwarded to Court 
06/25/2017Motion for Rehearing  Motion for Rehearing filed on behalf of Mark Mueller.
06/21/2016Motion 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 August 4, 2016.
06/21/2016Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Mark Mueller.
06/06/2017Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Unopposed Motion for Extension of Time to file Motion for Rehearing granted. Further requests for extensions of time will be disfavored. Motion for Rehearing is due June 27, 2017.
06/05/2017Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Mark Mueller.
06/03/2016Supreme Court of Texas Requested Response  Requested response to petition for review due no later than July 5, 2016.
05/26/2017Court approved judgment sent to attorneys of recordIssued
05/26/2017Opinion issuedCourt of Appeals' judgment reversed & judgment rendered The Court reverses the court of appeals' judgment and renders judgment. Chief Justice Hecht delivered the opinion of the Court.  (Justice Boyd not sitting)
(5/26/2017 4:07:25 PM) 160155.pdf, 16-0155.jmt.pdf
05/26/2017Miscellaneous motion disposed. See Remarks.Filing dismissed as moot Motion to Remand dismissed as moot
05/24/2016Reply to Response to Motion  Reply to Response to Motion to Remand filed on behalf of Mark Mueller.
05/23/2016Response to Motion filed  Response to Motion to Remand filed on behalf of James H. Davis, et al.
05/19/2016Miscellaneous Motion  Pending Resolution of Petition for Review the Respondent's Motion to Remand Issue of Wrongful Appropriation and Retention of Petitioners to Trial Court filed on behalf of Mark Mueller.
05/03/2016Case forwarded to Court 
04/28/2016Electronic communication sent to Party  Sent email to respondent's counsel to inquire about the status of the resubmission of the response waiver.
04/25/2016Response Waiver filed  Response Waiver filed on behalf of Mark J. Mueller.
04/19/2016Petition for Review  Petition for Review filed on behalf of James H. Davis, et al.
03/23/2017Submission Schedule 
03/23/2017Oral argument   Argued on behalf of petitioners by Audrey Mullert Vicknair; Argued on behalf of respondent by Bob Whitehurst
03/21/2017Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of petitioners, James H. Davis, et al.
03/04/2016Motion for Extension of Time to File Petition for Review disposedFiling granted Petition for Review is due April 20, 2016.
03/04/2016Motion for Extension of Time to File Petition for Review filed  Unopposed Motion for Extension of Time to Petition for Review. On behalf of James H. Davis, et al.
03/02/2017Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of respondent, Mark Mueller. Oral argument will be presented by Bob Whitehurst of Whitehurst & Whitehurst of Tyler, Texas.
03/01/2017Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of petitioners, James H. Davis and JDMI, LLC. Oral Argument will be presented by Audrey Mullert Vicknair of Corpus Christi, 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 
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
09/25/2017Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
JDMI, LLCPetitionerMs. Audrey Vicknair
Mr. Douglas D. McLallen Sr.
Kundysek Family Investments LPAmicus CuriaeMr. Allen Ryan Paulsen  
Mr. Ben L. Mesches
Mueller, Mark J.RespondentMr. Bob Whitehurst
Davis, James H.PetitionerMs. Audrey Vicknair
Mr. Douglas D. McLallen Sr.
Court of Appeals Information:
Aff/Pt and Rev & Rem/Pt 
485 SW3d 622, 02-04-16 
6th Court of Appeals 
Honorable Ralph K. Burgess 
Trial Court Information
71st District Court 
Harrison 
Honorable Brad Morin 
11-0858