Supreme Court

Case: 16-0560    
16-0560
07/29/2016
Petition for Review/Cause under Rule 53.1
LEE NICK MCFADIN, III 
BROADWAY COFFEEHOUSE, LLC 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
12/04/2017Post submission brief filedRespondent Brief in Response to Petitioner’s Post-Submission Brief filed on behalf of Broadway Coffeehouse, LLC.
11/13/2017Post submission brief filedPetitioner Post-Submission Brief filed on behalf of petitioner, Lee Nick McFadin, III.
03/06/2017Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Lee Nick McFadin.
02/22/2017Brief on the MeritsRespondent Respondents' Brief on the Merits filed on behalf of Broadway Coffeehouse, LLC, et al.
01/02/2017Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Lee Nick McFadin.
10/17/2016Response to PetitionRespondent Response to Petition for Review filed on behalf of Broadway Coffeehouse, LLC and Marcus Rogers.
07/29/2016Petition for ReviewPetitioner Petition for Review filed on behalf of Lee Nick McFadin
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/15/2016Case Record Filed   Electronic Appellate Record received.
12/05/2016Record Requested in Case  Record requested from the 4th COA
12/04/2017Post submission brief filed  Brief in Response to Petitioner’s Post-Submission Brief filed on behalf of Broadway Coffeehouse, LLC.
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.
11/13/2017Post submission brief filed  Post-Submission Brief filed on behalf of petitioner, Lee Nick McFadin, III.
11/09/2017Submission Schedule  Submission Schedule for November 9, 2017.
11/09/2017Oral argument   Argued on behalf of petitioner by Philip M. Ross; Argued on behalf of respondents by Brittany M. Weil
10/20/2016Amended Appendix filed  Response to Petition for Review with AMENDED Appendix filed on behalf of Broadway Coffeehouse, LLC and Marcus Rogers.
10/20/2016Phone call from Clerk's Office  Informed Mr. Curl's office that the motion for leave to file an amended appendix was granted.  Requested that the response with amended appendix be resubmitted today.
10/20/2016Motion for leave to file appendix dispositionFiling granted Motion for Leave to File Amended Appendix to Response is granted.
10/20/2016Motion for Leave to File Appendix  Motion for Leave to File Amended Appendix to Response filed on behalf of Broadway Coffeehouse, LLC and Marcus Rogers.
10/17/2016Response to Petition  Response to Petition for Review filed on behalf of Broadway Coffeehouse, LLC and Marcus Rogers.
09/16/2016Supreme Court of Texas Requested Response  Requested Response to Petition for Review due October 17, 2016.
08/16/2017Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of petitioner, Lee Nick McFadin, III. Oral Argument will be presented by Philip M. Ross of San Antonio, Texas.
08/16/2017Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of respondent, Broadway Coffeehouse LLC. Oral Argument will be presented by Brittany M. Weil with Curl Stahl Geis, PC of San Antonio, Texas.
08/16/2016Case forwarded to Court 
08/15/2016Response Waiver filed  Response Waiver filed on behalf of Marcus Rogers.
08/08/2016Motion to Stay Filed   Motion to Stay filed on behalf of Lee Nick McFadin, III.
08/05/2016Response Waiver filed  Response waiver filed on behalf of Broadway Coffeehouse, LLC.
07/29/2016Petition for Review  Petition for Review filed on behalf of Lee Nick McFadin
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 9, 2017.  Time allotted to argue:  20/20 minutes
06/16/2017Petition for Review granted 
06/16/2017Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
06/13/2018Case Stored  e-stored
03/31/2017Motion to dismiss  Notice of Settlement Agreement and Joint Motion for Partial Dismissal filed on behalf of petitioner, Lee Nick McFadin, III and respondent, Marcus P. Rogers, Trustee.
03/15/2018Mandate issued  Mandate & Cost Bill Issued
03/06/2017Reply Brief  Reply Brief on the Merits filed on behalf of Lee Nick McFadin.
02/22/2017Brief on the Merits  Respondents' Brief on the Merits filed on behalf of Broadway Coffeehouse, LLC, et al.
02/02/2018Motion to dismiss disposedFiling granted Joint Motion for Partial Dismissal granted per settlement of petitioner and Marcus P. Rogers, Trustee, for the Saks Children Trust, a/k/a ATFL&L, a Texas Trust. Rogers, et al. is severed into case no. 18-0081.
02/02/2018Motion to Stay DisposedFiling dismissed as moot Petitioner's Motion for Emergency Order to Temporarily Stay is dismissed as moot.
02/02/2018Court approved judgment sent to attorneys of recordIssued
02/02/2018Opinion issuedCourt of Appeals' judgment reversed; remanded to Court of Appeals The Court reverses the court of appeals' judgment and remands the case to that court.  Justice Johnson delivered the opinion of the Court.
(2/2/2018 5:52:37 PM) 160560.pdf, 16-0560.jmt.pdf
01/18/2017Motion for Extension of Time disposed.Filing granted 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 BE DISFAVORED. Response brief is due February 22, 2017; Reply brief is due March 9, 2017.
01/18/2017Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Broadway Coffeehouse, LLC, et al.
01/02/2017Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Lee Nick McFadin.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
06/13/2018Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Broadway Coffeehouse, LLCRespondentMr. Paul T. Curl
Mr. Herbert S. Hill
Ms. Danielle Rushing Behrends
Ms. Brittany M. Weil
McFadin, III, Lee NickPetitionerMr. Philip M. Ross
Rogers, MarcusRespondentMr. Royal B. Lea III
Court of Appeals Information:
Dismiss WOJ 
542 SW3d 669, 07-06-16 
4th Court of Appeals 
Honorable Per Curiam 
Trial Court Information
73rd District Court 
Bexar 
Honorable Antonia Arteaga 
2013-CI-17001