Supreme Court

Case: 16-0323    
16-0323
05/05/2016
Petition for Review/Cause under Rule 53.1
JOHN A. LANCE, DEBRA L. LANCE, F.D. FRANKS, AND HELEN FRANKS 
JUDITH AND TERRY ROBINSON, GARY AND BRENDA FEST, VIRGINIA GRAY, BUTCH TOWNSEND AND BEXAR-MEDINA-ATASCOSA COUNTIES WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
11/14/2017Post submission brief filedRespondent Post Oral Argument Letter filed on behalf of respondents, Judith Robinson, et al.
09/15/2017Supplemental Letter BriefRespondent Supplemental Letter Brief filed on behalf of Judith and Terry Robinson, et al.
04/25/2017Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter submitted by Timothy Patton of San Antonio, Texas.
04/20/2017Surreply filedRespondent Response to Petitioners' Reply Brief filed on behalf of Judith and Terry Robinson, et al.
04/17/2017Reply BriefPetitioner Reply Brief on the Merits filed on behalf of John A. Lance, et al.
03/13/2017Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Judith and Terry Robinson, et al.
02/22/2017Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of  Bexar-Medina-Atascosa Counties Water Control & Improvement District No. 1.
01/02/2017Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of John A. Lance, et al.
11/16/2016Surreply filedRespondent Sur-Reply filed on behalf of respondents, Judith and Terry Robinson, et al.
11/07/2016Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of John A. Lance, et al.
10/03/2016Response to PetitionRespondent Response to Petition for Review filed on behalf of Judith Robinson, et al.
10/03/2016Response to PetitionRespondent Response to Petition for Review filed on behalf of Bexar Medina Atascosa Counties Water Control and Improvement District No. 1.
06/20/2016Reply to Amicus Curiae BriefReceived (instead of filed) Reply to Response to Amicus Letter filed on behalf of Timothy Patton.
06/16/2016Response to Amicus Curiae Brief filedRespondent Response to Patton's Amicus Letter filed on behalf of Judith & Terry Robinson, et al.
06/15/2016Response to Amicus Curiae Brief filedPetitioner Response to Patton's Amicus Letter filed on behalf of John A. Lance, et al.
06/10/2016Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter filed on behalf of Timothy Patton.
06/06/2016Petition for ReviewPetitioner Petition for Review filed on behalf of John A. Lance, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/15/2016Case Record Filed   Electronic Appellate Record received.
12/07/2016Notice from attorney regarding vacation dates  Mr. Dan Pozza will be on vacation from January 13, 2017 through February 7, 2017.
12/05/2016Record Requested in Case  Record requested from the 4th COA
12/02/2016Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than January 2, 2017; Response brief due January 23, 2017; Reply brief due February 7, 2017.
11/16/2016Surreply filed  Sur-Reply filed on behalf of respondents, Judith and Terry Robinson, et al.
11/14/2017Post submission brief filed  Post Oral Argument Letter filed on behalf of respondents, Judith Robinson, et al.
11/07/2017Submission Schedule  Submission Schedule for November 7, 2017.
11/07/2017Oral argument   Argued on behalf of petitioners by Dan Pozza; Argued on behalf of respondents, Judith & Terry Robinson, et al., by Stephan B. Rogers; Argued on behalf of respondents, Bexar Medina Atascosa Counties Water Control, by Edward T. Hecker
11/07/2016Reply to Response  Reply in Support of Petition for Review filed on behalf of John A. Lance, et al.
11/03/2017Letter Filed  Letter regarding how the respondents intend to split time for oral argument filed on behalf of Robinson Parties and Bexar-Medina-Atascosa Counties Water Control & Improvement District No. 1.
11/03/2017Phone call from Clerk's Office  Call made to attorney, Ed Hecker, regarding oral argument. Explained that the Clerk would like a break down of how the respondents wish to split time.  Mr. Hecker to submit that information soon.
10/14/2016MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply is due November 7, 2016.
10/14/2016Motion to Extend Time to File Reply filed  Unopposed Motion for Extension of Time to file Reply filed on behalf of John A. Lance, et al.
10/10/2017Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Bexar Medina Atatcosa Counties Water Control and Improvement District No. 1. Oral Argument will be presented by Edward T. Hecker of Gostomski & Hecker, P.C. of San Antonio, Texas.
10/03/2016Response to Petition  Response to Petition for Review filed on behalf of Judith Robinson, et al.
10/03/2016Response to Petition  Response to Petition for Review filed on behalf of Bexar Medina Atascosa Counties Water Control and Improvement District No. 1.
09/30/2017Oral Argument Submission Form from Attorney received  Oral Argument Submission Form of respondents, Judith Robinson, et al. Oral Argument will be presented by Stephan B. Rogers of Rogers & Moore, PLLC of Boerne, Texas.
09/22/2016Motion for Extension of Time to File Response disposedFiling granted Unopposed Second Motion for Extension of Time to file Response to Petition for Review filed on behalf of Judith Robinson, et al. has been granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Response is due October 3, 2016.
09/22/2016Motion for Extension of Time to File Response  Unopposed Second Motion for Extension of Time to file Response to Petition for Review filed on behalf of Bexar Medina Atascosa Counties Water Control and Improvement District No. 1.
09/22/2016Motion for Extension of Time to File Response disposedFiling granted Unopposed Second Motion for Extension of Time to file Response to Petition for Review is Granted. No further extensions of time will be considered. Response is due October 3, 2016.
09/22/2016Motion for Extension of Time to File Response  Unopposed Second Motion for Extension of Time to file Response to Petition for Review filed on behalf of Judith Robinson, et al.
09/15/2017Supplemental Letter Brief  Supplemental Letter Brief filed on behalf of Judith and Terry Robinson, et al.
09/09/2016Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response to Petition for Review is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Requested Response due September 19, 2016.
09/09/2016Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response filed on behalf of Judith and Terry Robinson, et al.
09/09/2016Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response to Petition for Review is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Requested Response due September 26, 2016.
09/09/2016Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response filed on behalf of respondent, Bexar Medina Atascosa Counties Water Control and Improvement Dist. No. 1 (BMA).
08/12/2016Supreme Court of Texas Requested Response  Requested response to petition for review due no later than September 12, 2016.
08/04/2017Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of petitioner, John A. Lance, et al. Oral Argument will be presented by Dan Pozza of Pozza & Whyte, PLLC of San Antonio, Texas.
07/12/2016Case forwarded to Court 
06/30/2017Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., November 7, 2017.  Time allotted to argue:  20/20 minutes
06/23/2017Petition for Review granted 
06/23/2017Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
06/20/2016Letter Filed  Letter filed on behalf of Judith and Terry Robinson, et al.
06/20/2016Letter Filed  Sur-Reply to Patton's Amicus Letter filed on behalf of Judith & Terry Robinson, et al.
06/20/2016Reply to Amicus Curiae Brief  Reply to Response to Amicus Letter filed on behalf of Timothy Patton.
06/16/2016Response to Amicus Curiae Brief filed  Response to Patton's Amicus Letter filed on behalf of Judith & Terry Robinson, et al.
06/15/2016Response to Amicus Curiae Brief filed  Response to Patton's Amicus Letter filed on behalf of John A. Lance, et al.
06/13/2018Case Stored  e-stored
06/10/2016Amicus Curiae Letter Received  Amicus Curiae Letter filed on behalf of Timothy Patton.
06/06/2016Response Waiver filed  Response Waiver filed on behalf of Judith & Terry Robinson, et al.
06/06/2016Petition for Review  Petition for Review filed on behalf of John A. Lance, et al.
05/06/2016Motion for Extension of Time to File Petition for Review disposedFiling granted Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of John A. Lance, et al. Petition for Review is due June 8, 2016.
05/05/2016Motion for Extension of Time to File Petition for Review filed  Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of John A. Lance, et al.
05/04/2018Mandate issued  Mandate & Cost Bill Issued
04/25/2017Amicus Curiae Letter Received  Amicus Curiae Letter submitted by Timothy Patton of San Antonio, Texas.
04/20/2017Surreply filed  Response to Petitioners' Reply Brief filed on behalf of Judith and Terry Robinson, et al.
04/17/2017Reply Brief  Reply Brief on the Merits filed on behalf of John A. Lance, et al.
03/27/2017Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Reply Brief on the Merits is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply brief is due April 17, 2017.
03/27/2017Motion 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 John A. Lance, et al.
03/23/2018Court approved judgment sent to attorneys of recordIssued
03/23/2018Opinion issuedCourt affirms in part and reverses in part CA judgment and remands to trial court The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the trial court. Justice Boyd delivered the opinion of the Court. Justice Blacklock did not participate in the decision.
(3/23/2018 2:33:41 PM) 160323.pdf, 16-0323.jmt.pdf
03/13/2017Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Judith and Terry Robinson, et al.
03/08/2017Motion for Extension of Time disposed.Filing granted Third Unopposed Motion for Extension of Time to file Response Brief on the Merits is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Response brief is due March 13, 2017; Reply brief is due March 28, 2017.
03/08/2017Motion for Extension of Time to File Brief filed  Third Unopposed Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Judith Robinson, et al.
03/08/2017Phone call from Clerk's Office  Left voice mail message for respondent's atty, Mr. Stephan Rogers in re:  brief on the merits due on 3/6/17.
02/23/2017Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Respondent's Brief on the Merits is granted. NO FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED. Response Brief is due on March 6, 2017. Reply Brief is due on March 21, 2017.
02/23/2017Motion for Extension of Time to File Brief filed  Second Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Judith Robinson, et al.
02/22/2017Brief on the Merits  Response Brief on the Merits filed on behalf of  Bexar-Medina-Atascosa Counties Water Control & Improvement District No. 1.
02/06/2017Notice from attorney regarding vacation dates  Mr. Edward T. Hecker will be on vacation March 13-22, 2017; and June 16, 2017 - July 11, 2017, filed on behalf of Bexar-Medina-Atascosa Counties Water & Improvement District No. 1.
01/23/2017Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Respondents' Brief on the Merits is granted. Further requests for extensions of time will be disfavored. Respondents' brief is due Febrary 22, 2017; and Reply brief is due March 9, 2017.
01/23/2017Motion 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 Judith Robinson, et al.
01/02/2017Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of John A. Lance, et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
06/13/2018Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Gray, VirginiaRespondentMs. Kelly P. Rogers
Mr. Stephan B. Rogers
Mr. Ross S. Elliott  
Franks, F.D.PetitionerMr. John D. Payne
Ms. Cynthia Cox Payne
Mr. Dan V. Pozza
Franks, HelenPetitionerMr. Dan V. Pozza
Ms. Cynthia Cox Payne
Mr. John D. Payne
Robinson, JudithRespondentMs. Kelly P. Rogers
Mr. Ross S. Elliott  
Mr. Stephan B. Rogers
Fest, GaryRespondentMr. Stephan B. Rogers
Ms. Kelly P. Rogers
Mr. Ross S. Elliott  
Fest, BrendaRespondentMr. Ross S. Elliott  
Mr. Stephan B. Rogers
Ms. Kelly P. Rogers
Bexar-Medina-Atascosa Counties Water Control and Improvement District No. 1RespondentMr. Edward T. Hecker
Townsend, ButchRespondentMr. Ross S. Elliott  
Ms. Kelly P. Rogers
Mr. Stephan B. Rogers
Lance, Debra L.PetitionerMr. John D. Payne
Ms. Cynthia Cox Payne
Mr. Dan V. Pozza
Robinson, TerryRespondentMr. Ross S. Elliott  
Ms. Kelly P. Rogers
Mr. Stephan B. Rogers
Lance, John A.PetitionerMr. John D. Payne
Ms. Cynthia Cox Payne
Mr. Dan V. Pozza
Patton, TimothyAmicus CuriaeMr. Timothy Patton
Court of Appeals Information:
Affirmed  
542 SW3d 606, 01-13-16 
4th Court of Appeals 
Honorable Jason Kenneth Pulliam 
Trial Court Information
198th District Court 
Bandera 
Honorable Melvin Rex Emerson 
CV-12-0100209