Supreme Court

Case: 17-0640    
17-0640
08/11/2017
Petition for Review under Tex. R. App. P. 53.1
BARBARA TECHNOLOGIES CORPORATION 
STATE FARM LLOYDS 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
10/18/2019Response to Motion for RehearingPetitioner Response to Motion for Rehearing filed on behalf of Barbara Technologies Corp.
09/30/2019Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Texans for Lawsuit Reform submitted by E. Lee Parsely of Texans for Lawsuit Reform in Austin, Texas.
08/30/2019Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Texas Association of Mutual Insurance Companies in Support of Motions for Rehearing. Submitted by Edward D. Burbach, John Sepehri and Kimberly A. Yelkin of Foley & Lardner LLP of Austin, Texas.
08/23/2019Amicus Curiae Brief receivedAmicus Curiae Amicus Brief of Insurance Council of Texas National Association of Mutual Insurance Companies, and American Property Casualty Insurance Association in support of Motion for Rehearing submitted by Wade Crosnoe and Jay Thompson of Thompson, Coe, Cousins & Irons, LLP.
08/14/2019Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of State Farm Lloyds.
04/03/2019Post submission brief filedPetitioner Supplemental Post-Submission Letter filed on behalf of Barbara Technologies Corp.
03/19/2019Post submission brief filedRespondent Post-Submission Letter filed on behalf of respondent, State Farm Lloyds.
02/28/2019Post submission brief filedPetitioner Post-Submission Letter Brief filed on behalf of Barbara Technologies Corporation.
02/21/2019Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Texas Automobile Dealers Association, et al. received.
02/13/2019Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter of Insurance Council of Texas, National Association of Mutual Insurance Companies and American Property Casualty Insurance Association. Submitted by Wade C. Crosnoe of Thompson, Coe, Cousins & Irons, L.L.P.  
02/05/2019Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Central Mutual Insurance Company. Submitted by Russell J. Bowman of Irving, Texas.
07/16/2018Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Barbara Technologies Corporation.
05/23/2018Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of State Farm Lloyds.
04/02/2018Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Barbara Technologies Corporation.
11/13/2017Response to PetitionRespondent Response to Petition for Review filed on behalf of State Farm Lloyds.
08/11/2017Petition for ReviewPetitioner Petition for Review filed on behalf of Barbara Technologies Corporation.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/13/2019Mandate issued  Mandate & Cost Bill Issued
12/13/2019Motion for Rehearing - DisposedDenied
11/13/2017Response to Petition  Response to Petition for Review filed on behalf of State Farm Lloyds.
11/11/2019Reply to Response to Motion  Reply in support of Motion for Rehearing filed on behalf of State Farm Lloyds.
10/29/2019MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply to Motion for Rehearing is granted. Reply is due November 12, 2019. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
10/28/2019Motion to Extend Time to File Reply filed  Unopposed Motion for Extension of Time to file Reply to Motion for Rehearing filed on behalf of State Farm Lloyds.
10/18/2019Response to Motion for Rehearing  Response to Motion for Rehearing filed on behalf of Barbara Technologies Corp.
10/13/2017Supreme Court of Texas Requested Response  Response requested to petition for review due no later than November 13, 2017.
10/03/2019Motion for Extension of Time to File Response disposedFiling granted Unopposed Second Motion for Extension of Time to file Response to Motion for Rehearing granted.  No further extensions of time will be considered.  Response is due no later than October 18, 2019.
10/02/2019Motion for Extension of Time to File Response  Unopposed Second Motion for Extension of Time to file Response to Motion for Rehearing filed on behalf of Barbara Technologies Co.
09/30/2019Amicus Curiae Brief received  Amicus Curiae Brief of Texans for Lawsuit Reform submitted by E. Lee Parsely of Texans for Lawsuit Reform in Austin, Texas.
09/12/2017Case forwarded to Court 
09/06/2019Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Motion for Rehearing has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response is due on October 8, 2019.
09/06/2019Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Motion for Rehearing filed on behalf of Barbara Technologies Corp.
09/06/2017Response Waiver filed  Response Waiver filed on behalf of State Farm Lloyds.
08/30/2019Amicus Curiae Brief received  Amicus Curiae Brief of Texas Association of Mutual Insurance Companies in Support of Motions for Rehearing. Submitted by Edward D. Burbach, John Sepehri and Kimberly A. Yelkin of Foley & Lardner LLP of Austin, Texas.
08/23/2019Amicus Curiae Brief received  Amicus Brief of Insurance Council of Texas National Association of Mutual Insurance Companies, and American Property Casualty Insurance Association in support of Motion for Rehearing submitted by Wade Crosnoe and Jay Thompson of Thompson, Coe, Cousins & Irons, LLP.
08/23/2019Supreme Court of Texas Requested Response  Requested response to motion for rehearing due no later than September 9, 2019.
08/14/2019Case forwarded to Court 
08/14/2019Motion for Rehearing  Motion for Rehearing filed on behalf of State Farm Lloyds.
08/11/2017Petition for Review  Petition for Review filed on behalf of Barbara Technologies Corporation.
07/16/2018Reply Brief  Reply Brief on the Merits filed on behalf of Barbara Technologies Corporation.
07/12/2019Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of time to file a Motion for Rehearing is granted. Further requests for extensions of time for this filing will be disfavored. Motion for Rehearing is due August 14, 2019.
07/11/2019Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of State Farm Lloyds.
07/10/2018Motion for Extension of Time disposed.Filing granted Second 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 NOT BE CONSIDERED. Reply brief is due July 16, 2018.
07/09/2018Motion for Extension of Time to File Brief filed  Second Unopposed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Barbara Technologies Corporation.
06/28/2019Court approved judgment sent to attorneys of recordIssued
06/28/2019Concurring and Dissenting Opinion deliveredIssued Justice Boyd delivered an opinion concurring in part and dissenting in part.
06/28/2019Dissenting opinion issued.Issued Chief Justice Hecht delivered a dissenting opinion, in which Justice Brown and Justice Blacklock joined.
06/28/2019Opinion issuedCourt of Appeals' judgment reversed; cause remanded to trial court The Court reverses the court of appeals' judgment and remands the case to the trial court. Justice Green delivered the opinion of the Court, in which Justice Guzman, Justice Lehrmann, Justice Devine, and Justice Busby joined.
(6/28/2019 6:10:56 PM) 170640d.pdf, 170640cd.pdf, 170640.pdf, 17-0640.jmt.pdf
06/08/2018Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief is due on July 9, 2018.
06/06/2018Motion 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 Barbara Technologies Corporation.
05/23/2018Brief on the Merits  Response Brief on the Merits filed on behalf of State Farm Lloyds.
04/05/2018Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response Brief on the Merits granted. Further requests for extensions of time will be disfavored. Respondent's brief is due May 23, 2018; and Reply brief is due June 7, 2018.
04/05/2018Motion 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 State Farm Lloyds.
04/03/2019Post submission brief filed  Supplemental Post-Submission Letter filed on behalf of Barbara Technologies Corp.
04/02/2018Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Barbara Technologies Corporation.
03/29/2018Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Petitioner's Brief on the Merits granted. Further requests for extensions of time will be disfavored. Petitioner's brief is due no later than April 2, 2018; Respondent's brief is due April 23, 2018; and Reply brief is due May 8, 2018.
03/28/2018Supplement to document  Supplemental Certificate of Conference for Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Barbara Technologies Corporation.
03/28/2018Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Barbara Technologies Corporation.
03/19/2019Post submission brief filed  Post-Submission Letter filed on behalf of respondent, State Farm Lloyds.
02/28/2019Post submission brief filed  Post-Submission Letter Brief filed on behalf of Barbara Technologies Corporation.
02/22/2018Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits granted. Further requests for extensions of time will be disfavored. Petitioner's brief is due March 28, 2018; Respondent's brief is due April 17, 2018; and Reply brief is due May 2, 2018.
02/21/2019Amicus Curiae Brief received  Amicus Curiae Brief of Texas Automobile Dealers Association, et al. received.
02/21/2018Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Barbara Technologies Corporation.
02/20/2019Oral argument   Argued on behalf of petitioner by Rick Thompson; Argued on behalf of respondent by Melissa A. Lorber
02/13/2019Amicus Curiae Letter Received  Amicus Curiae Letter of Insurance Council of Texas, National Association of Mutual Insurance Companies and American Property Casualty Insurance Association. Submitted by Wade C. Crosnoe of Thompson, Coe, Cousins & Irons, L.L.P.  
02/06/2019Letter Filed  Letter filed on behalf of State Farm Lloyds.
02/05/2019Amicus Curiae Brief received  Amicus Curiae Brief of Central Mutual Insurance Company. Submitted by Russell J. Bowman of Irving, Texas.
02/05/2018Case Record Filed   Electronic Appellate Record received.
02/01/2019Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Mr. Rick Thompson with Durham, Pittard & Spalding, LLP of Dallas, Texas, filed on behalf of Barbara Technologies Corporation.
02/01/2019Notice of Appearance  Mr. Rick Thompson is now lead counsel for petitioner filed on behalf of Barbara Technologies Corp.
01/29/2019Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of respondent, State Farm Lloyds. Oral Argument will be presented by Melissa A. Lorber of Enoch Kever PLLC.
01/29/2018Record Requested in Case  Record requested from the 4th COA
01/26/2018Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than February 26, 2018; Response brief due March 19, 2018; Reply brief due April 3, 2018.
01/18/2019Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., February 20, 2019. Time allotted to argue: 20/20 minutes.
01/18/2019Petition for Review disposedFiling granted
01/18/2019Petition for Review granted 
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
12/13/2019Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Barbara Technologies CorporationPetitionerMr. Andrew P. Slania  
Mr. Jeffrey L. Raizner
Ms. Amy B. Hargis  
Ms. Dana Levy
Mr. William Richard (Rick) Thompson II
Mr. Thad D. Spalding
Texas Hospital AssociationAmicus CuriaeMr. Brendan K. McBride
Mr. Jonathan Lisenby
Mr. Marc E. Gravely
Mr. Matthew R. Pearson
Independent Bankers Association of TexasAmicus CuriaeMr. Matthew R. Pearson
Mr. Jonathan Lisenby
Mr. Brendan K. McBride
Mr. Marc E. Gravely
State Farm LloydsRespondentMr. Craig T. Enoch
Mr. M. Micah Kessler
Ms. Melissa A. Lorber
Mr. Ryan Newman
National Association of Mutual Insurance CompaniesAmicus CuriaeMr. Jay Thompson
Mr. Wade Crosnoe
Texas Association of Community SchoolsAmicus CuriaeMr. Jonathan Lisenby
Mr. Matthew R. Pearson
Mr. Marc E. Gravely
Mr. Brendan K. McBride
Central Mutual Insurance CompanyAmicus CuriaeMr. Russell J. Bowman
Texas League of Community Charter SchoolsAmicus CuriaeMr. Marc E. Gravely
Mr. Brendan K. McBride
Mr. Jonathan Lisenby
Mr. Matthew R. Pearson
Texans for Lawsuit ReformAmicus CuriaeMr. E. Lee Parsley
Texas Hotel & Lodging AssociationAmicus CuriaeMr. Matthew R. Pearson
Mr. Jonathan Lisenby
Mr. Brendan K. McBride
Mr. Marc E. Gravely
Texas Independent Automobile Dealers AssociationAmicus CuriaeMr. Marc E. Gravely
Mr. Jonathan Lisenby
Mr. Matthew R. Pearson
Mr. Brendan K. McBride
American Property Casualty Insurance AssociationAmicus CuriaeMr. Wade Crosnoe
Mr. Jay Thompson
Texas Organization of Rural and Community HospitalsAmicus CuriaeMr. Matthew R. Pearson
Mr. Jonathan Lisenby
Mr. Brendan K. McBride
Mr. Marc E. Gravely
Insurance Council of TexasAmicus CuriaeMr. Wade Crosnoe
Mr. Jay Thompson
Texas Automobile Dealers AssociationAmicus CuriaeMr. Jonathan Lisenby
Mr. Brendan K. McBride
Mr. Marc E. Gravely
Mr. Matthew R. Pearson
Court of Appeals Information:
Affirmed  
566 SW3d 294, 04-19-17 
4th Court of Appeals 
Honorable Karen A. Angelini 
Trial Court Information
408th District Court 
 
Honorable Lawrence E. Noll 
2014-CI-10997