Supreme Court

Case: 16-1036    
16-1036
12/29/2016
Petition for Review originally filed as 53.7(f)
ALBERT LUTTERODT 
EMILY LANE OWNERS ASSOCIATION, INC., ENVISION REALTY GROUP, LLC AND JACKSON POTTER 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
09/07/2017Petition for ReviewPetitioner Petition for Review filed on behalf of Albert Lutterodt.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/29/2016Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review filed on behalf of Albert Lutterodt.
11/30/2017Notice sent to Court of Appeals 
10/20/2017Petition for Review disposedDenied
10/05/2017Call received  Call received from Mr. Albert Lutterodt inquiring about amending his petiton.
09/19/2017Case forwarded to Court 
09/18/2017Response Waiver filed  Response Waiver filed on behalf of Emily Lane Owners Association, Inc. and Envision Realty Group, LLC, et al.
09/11/2017Third Motion for Extension of Time to File Petition for Review disposedFiling granted Third Motion for Extension of Time to file Petition for Review is granted. Petition for Review was filed on September 7, 2017.
09/11/2017Electronic communication received from Party  Respondents oppose the motion for extension of time but do not intend to file a response.
09/11/2017Electronic communication sent to Party  Email sent to respondents' counsel inquiring whether a response to the motion will be filed.
09/08/2017Third Motion for Extension of Time to File Petition for Review filed  Third Motion for Extension of Time to file Petition for Review filed on behalf of Albert Lutterodt.
09/08/2017Electronic communication sent to Party  Email sent to petitioner requesting motion for extension of time to file petition for review.
09/07/2017Petition for Review  Petition for Review filed on behalf of Albert Lutterodt.
09/07/2017Call received  Call received from petitioner.
08/07/2017Electronic communication sent to Party  Sent electronic communication to the parties and notified them that the order granting the motion to withdraw will not be withdrawn.
08/07/2017Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Motion for Extension of Time to file Petition for Review is granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Petition for Review is due September 6, 2017.
08/04/2017Call received  Call from Mr. Albert Lutterodt, stating he will re-file the 2nd Motion for Extension of Time to pay the fee.
08/03/2017Electronic communication received from Party  Received email from respondent's counsel stating that the Association is opposed to any further extensions of time for Mr. Lutterodt and they do not plan to file a substantive response.
08/03/2017Reply to Response to Motion  Reply to Opposition to Motion to Withdraw filed by Edward Kazaleh.
08/03/2017Notice requesting filing fee  Sent fee request letter to Mr. Albert Lutterodt.
08/03/2017Electronic communication sent to Party  Sent email to respondents' counsel to determine whether they are opposed, or unopposed, to petitioner's second motion to extend time; if opposed, whether a written response to this motion will be filed.
08/02/2017Second Motion for Extension of Time to File Petition for Review filed  Opposed Second Motion for Extension of Time to File Petition for Review filed on behalf of Albert Lutterodt.
08/02/2017Phone call from Clerk's Office  Contacted counsel Edward Kazaleh and requested a Response to Albert Lutterodt's Objection to his Motion to Withdraw.
08/01/2017Response to Motion filed  Response in Opposition to Motion to Withdraw filed on behalf of Albert Lutterodt.
07/31/2017Motion to withdraw disposed ofFiling granted Counsel Edward J. Kazaleh's Motion to Withdraw as Counsel for Petitioner granted
07/26/2017Motion to Withdraw Filed  Counsel Edward J. Kazaleh's Motion to Withdraw as Counsel for petitioner, Albert Lutterodt.
07/07/2017Abatement Order Lifted  Abatement order of June 16, 2017 is lifted.
07/07/2017Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review has been granted. NO FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED. Petition for Review is due on August 7, 2017.
07/07/2017Motion for Extension of Time to File Petition for Review pursuant to 53.7(f) reinstated  The motion for extension of time to file petition for review has been reinstated.
07/07/2017Letter Filed  Letter containing Order Granting Motion for Relief from Stay filed on behalf of Emily Lane Owners Assoc., Inc., et al.
06/16/2017Order of the Court IssuedMatter in Supreme Court of Texas Abated Pursuant to the Suggestion of Bankruptcy filed with this Court on June 13, 2017, this case is ABATED. The case is abated pursuant to TEX. R. APP. P. 8.2 until further order of this Court and is removed from the Court's active docket, subject to reinstatement upon proper motion. TEX. R. APP. P. 8.3. All motions and other documents pending or filed are abated subject to being reurged in the event the case is reinstated. TEX. R. APP. P. 8.2, 8.3. It is the parties' responsibility to immediately notify this Court once the automatic bankruptcy stay is lifted.
06/13/2017Certification (various) in case received  Certificate of Service to Notice of Appearance filed on behalf of Albert Lutterodt.
06/13/2017Electronic communication sent to Party  Email sent to petitioner's counsel regarding refund for the bankruptcy notice fee.
06/13/2017Notice of Bankruptcy  Suggestion of Bankruptcy filed on behalf of Albert Lutterodt.
06/13/2017Designation of Lead Counsel   Designation of Lead Counsel filed on behalf of Albert Lutterodt.
06/12/2017Phone call from Clerk's Office  Call made to Mr. Kazaleh regarding representation of Mr. Lutterodt.
05/25/2017Document filed (see remarks)  Document filed on behalf of Albert Lutterodt.
05/09/2017Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petition for Review is due on June 23, 2017.
05/09/2017Motion for Extension of Time to File Petition for Review pursuant to 53.7(f) reinstated  Motion for Extension of Time to file Petition for Review has been reinstated.
05/09/2017Abatement Order Lifted  Abatement order of February 7, 2017 has been lifted.
05/09/2017Document filed (see remarks)  Memorandum Adopting Report and Recommendation of United States Magistrate Judge from United States District Court Eastern District of Texas Sherman Division.
05/09/2017Letter Filed  Letter filed regarding abatement filed on behalf of Albert Lutterodt.
02/07/2017Motion for Extension of Time to File Petition for Review disposedMatter in Supreme Court of Texas Abated Motion for Extension of Time to file Petition for Review is abated.
02/07/2017Motion for Extension of Time to File Petition for Review pursuant to 53.7(f) reinstated  The motion for extension of time to file petition for review has been reinstated.
02/07/2017Order of the Court IssuedMatter in Supreme Court of Texas Abated The Motion for Extension of Time to File Petition for Review, filed on December 29, 2016, is ABATED.  The case is removed from the Court's active docket.  It is the parties' responsibility to immediately notify this Court once the Circuit Court's decision is final.  See TEX. R. APP. P. 53.7(a).
01/31/2017Document filed (see remarks)  Document filed on behalf of Albert Lutterodt.
01/02/2017Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time is granted. Petition for Review is due January 30, 2017.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
11/30/2017Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Emily Lane Owners Association, Inc.RespondentMs. Valarie J. Eissler
Envision Realty Group, LLCRespondentMr. David J. Potter
Potter, JacksonRespondentMr. David J. Potter
Lutterodt, Albert PetitionerMr. Jason Richerson
Mr. Albert Lutterodt
Ms. Monika Jenkins
Mr. Bruce E. Turner
Mr. John Roy Brown
Court of Appeals Information:
Affirmed  
___ SW3d ___, 06-16-16 
5th Court of Appeals 
Honorable Craig Thomas Stoddart 
Trial Court Information
134th District Court 
Dallas 
Honorable Dale B. Tillery 
DC-12-12648-G