Supreme Court

Case: 16-0651    
16-0651
08/26/2016
Petition for Review/Cause under Rule 53.1
DUDLEY CONSTRUCTION, LTD., RICHARD MARK DUDLEY, AND HARTFORD FIRE INSURANCE COMPANY 
ACT PIPE AND SUPPLY, INC. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
05/09/2018Response to Motion for RehearingRespondent Response to Motion for Rehearing filed on behalf of ACT Pipe & Supply, Inc.
04/18/2018Motion for RehearingPetitioner's motion for rehearing of cause filed Motion for Rehearing filed on behalf of Dudley Construction, Ltd., et al.
05/05/2017Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Dudley Construction, Ltd., et al.
04/20/2017Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of ACT Pipe & Supply, Inc.
03/20/2017Brief on the MeritsPetitioner Brief on the Merits filed on behalf of petitioners Dudley Construction, Ltd., et al.
12/05/2016Response to PetitionRespondent Response to Petition for Review filed on behalf of ACT Pipe & Supply, Inc.
08/26/2016Petition for ReviewPetitioner Petition for Review filed on behalf of Dudley Construction, Ltd., et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/05/2017Submission Schedule  Submission Schedule for December 5, 2017.
12/05/2017Oral argument   Argued on behalf of petitioners by Robert A. Swearingen; Argued on behalf of respondent by Lisa M. Norman
12/05/2016Response to Petition  Response to Petition for Review filed on behalf of ACT Pipe & Supply, Inc.
11/18/2016Motion for Extension of Time to File Response disposedFiling granted Agreed 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 December 5, 2016.
11/17/2016Motion for Extension of Time to File Response  Agreed Motion for Extension of Time to File Response to Petition for Review filed on behalf of ACT Pipe & Supply, Inc.
11/08/2017Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of respondent, ACT Pipe & Supply, Inc. Oral Argument will be presented by Lisa M. Norman of Andrews Myers, PC of Houston, Texas.
11/08/2017Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of petitioners, Dudley Construction, Ltd., et al. Oral Argument will be presented by Robert A. Swearingen of The Swearingen Law Firm, Robert A. Swearingen, P.C., of College Station, Texas.
10/21/2016Supreme Court of Texas Requested Response  Requested response to petition for review due no later than November 21, 2016.
09/20/2016Case forwarded to Court 
09/13/2016Response Waiver filed  Response Waiver filed on behalf of ACT Pipe & Supply, Inc.
08/26/2016Petition for Review  Petition for Review filed on behalf of Dudley Construction, Ltd., et al.
07/13/2017Phone call from Clerk's Office  Call made to Mr. Swearingen's office regarding the rejected vacation notice.
07/06/2017Phone call from Clerk's Office  Call made to Mr. Swearingen's office regarding the rejected vacation notice.
06/30/2017Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., December 5, 2017.  Time allotted to argue:  20/20 minutes
06/29/2017Notice from attorney regarding vacation dates  Vacation Notice submitted by Robert A. Swearingen, attorney for petitioners.
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.
06/15/2018Case Stored  e-stored
06/01/2018Mandate issued  Mandate & Cost Bill Issued
06/01/2018Corrected judgment issuedIssued Judgment issued April 6, 2018 is withdrawn and the judgment of this date is issued as corrected.
06/01/2018Motion for Rehearing - DisposedDenied
05/09/2018Response to Motion for Rehearing  Response to Motion for Rehearing filed on behalf of ACT Pipe & Supply, Inc.
05/05/2017Reply Brief  Reply Brief on the Merits filed on behalf of Dudley Construction, Ltd., et al.
05/03/2017Notice from Counsel of a change in address  Change of Address for respondent attorneys, Lisa M. Norman and Robert A. Plessala. On behalf of ACT Pipe & Supply, Inc.
04/24/2018Supreme Court of Texas Requested Response  Requested response to motion for rehearing due no later than May 9, 2018.
04/20/2017Brief on the Merits  Response Brief on the Merits filed on behalf of ACT Pipe & Supply, Inc.
04/18/2018Case forwarded to Court 
04/18/2018Motion for Rehearing  Motion for Rehearing filed on behalf of Dudley Construction, Ltd., et al.
04/10/2017Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extenison of Time to file Respondent's Brief the Merits granted. Further requests for extensions of time will be disfavored. Respondent's brief is due April 20, 2017; and Reply brief is due May 5, 2017.
04/10/2017Motion 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 Act Pipe & Supply, Inc.
04/06/2018Court approved judgment sent to attorneys of recordIssued
04/06/2018Opinion 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 Brown delivered the opinion of the Court. Justice Blacklock did not participate in the decision.
(4/6/2018 5:33:19 PM) 16-0651.jmt.pdf, 160651.pdf
03/20/2017Brief on the Merits  Brief on the Merits filed on behalf of petitioners Dudley Construction, Ltd., et al.
02/24/2017Case Record Filed   Electronic Appellate Record received.
02/21/2017Record Requested in Case  Record requested from the 6th COA
02/17/2017Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than March 20, 2017; Response brief due April 10, 2017; Reply brief due April 25, 2017.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
06/15/2018Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
ACT Pipe & Supply, Inc.RespondentMr. Robert A. Plessala
Mr. W. Jason Walker
Ms. Lisa M. Norman
Dudley, Richard MarkPetitionerMr. Byron Thompson
Mr. Robert A. Swearingen
Hartford Fire Insurance CompanyPetitionerMr. Robert A. Swearingen
Mr. Byron Thompson
Dudley Construction, Ltd.PetitionerMr. Robert A. Swearingen
Mr. Byron Thompson
Court of Appeals Information:
Aff/Pt and Rev/Pt 
531 SW3d 744, 07-14-16 
6th Court of Appeals 
Honorable Josh R. Morriss 
Trial Court Information
361st District Court 
Brazos 
Honorable Steven Lee Smith 
12-000281-CV-361