Supreme Court

Case: 17-1048    
17-1048
12/21/2017
Petition for Review under Tex. R. App. P. 53.1
OSCAR ORTIZ 
STATE FARM LLOYDS 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
09/30/2019Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Texans for Lawsuit Reform. Submitted by E. Lee Parsley of Austin, Texas.
08/30/2019Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of the Texas Association of Mutual Insurance Companies submitted by Edward Burbach, John Sephri, and Kimberly Yelkin of Foley and Lardner, LLP of Austin, Texas.
08/23/2019Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief in support of Motion for Rehearing of Insurance Counsel of Texas, National Association of Mutual Insurance Companies, and American Property Casualty Insurance Association submitted by Wade C. Crosnoe and Jay A. Thompson of Austin, Texas.
08/14/2019Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of State Farm Lloyds.
03/19/2019Post submission brief filedRespondent Post-Submission Response Letter Brief filed on behalf of State Farm Lloyds.
02/25/2019Post submission brief filedPetitioner Post-Submission Letter Brief filed on behalf of petitioner, Oscar Ortiz.
02/21/2019Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Texas Automobile Dealers Association, et al. received. Submitted by Brendan McBride of San Antonio, Texas.
02/13/2019Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Insurance Counsel of Texas, National Association of Mutual Insurance Companies, and American Property Casualty Insurance Association submitted by Wade C. Crosnoe and Jay A. Thompson of Austin, Texas.
02/06/2019Additional citations received.Respondent Notice of Additional Authorities filed on behalf of State Farm Lloyds.
02/05/2019Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Central Mutual Insurance Company in support of Oscar Ortiz submitted by Russell J. Bowman of Irving, Texas.
11/05/2018Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Oscar Ortiz.
10/05/2018Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of State Farm LLoyds.
08/01/2018Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Oscar Ortiz.
04/19/2018Letter brief Respondent Letter Brief regarding USAA Texas Lloyds Co. v. Menchaca, No. 14-0721, 2017 WL 1311752 (Tex. Apr. 7, 2017) filed on behalf of State Farm Lloyds.
04/11/2018Response to PetitionRespondent Response to Petition for Review filed on behalf of State Farm Lloyds.
12/21/2017Petition for ReviewPetitioner Petition for Review filed on behalf of Oscar Ortiz.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/21/2017Petition for Review  Petition for Review filed on behalf of Oscar Ortiz.
12/13/2019Mandate issued  Mandate & Cost Bill Issued
12/13/2019Motion for Rehearing - DisposedDenied
11/05/2018Reply Brief  Reply Brief on the Merits filed on behalf of Oscar Ortiz.
10/23/2018Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Reply Brief on the Merits is granted. Reply Brief is due November 5, 2018. Further requests for extensions of time for this filing will be disfavored.
10/22/2018Electronic communication received from Party  Respondent does not oppose the requested extension.
10/22/2018Electronic communication sent to Party  Email sent to respondent's counsel inquiring whether the motion is opposed.
10/22/2018Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Petitioner's Reply Brief on the Merits filed on behalf of Oscar Ortiz.
10/05/2018Brief on the Merits  Response Brief on the Merits filed on behalf of State Farm LLoyds.
09/30/2019Amicus Curiae Brief received  Amicus Curiae Brief of Texans for Lawsuit Reform. Submitted by E. Lee Parsley of Austin, Texas.
08/31/2018Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Response Brief on the Merits has been granted. NO FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED. Response Brief is due on October 5, 2018. Reply Brief is due October 22, 2018.
08/31/2018Motion for Extension of Time to File Brief filed  Second Unopposed Motion for Extension of Time to file Response Brief on the Merits filed on behalf of State Farm Lloyds.
08/30/2019Amicus Curiae Brief received  Amicus Curiae Brief of the Texas Association of Mutual Insurance Companies submitted by Edward Burbach, John Sephri, and Kimberly Yelkin of Foley and Lardner, LLP of Austin, Texas.
08/23/2019Amicus Curiae Brief received  Amicus Curiae Brief in support of Motion for Rehearing of Insurance Counsel of Texas, National Association of Mutual Insurance Companies, and American Property Casualty Insurance Association submitted by Wade C. Crosnoe and Jay A. Thompson of Austin, Texas.
08/14/2019Motion for Rehearing  Motion for Rehearing filed on behalf of State Farm Lloyds.
08/08/2018Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondent's Brief on the Merits has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due on September 20, 2018. Reply Brief is due on October 5, 2018.
08/08/2018Motion 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 State Farm Lloyds.
08/01/2018Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Oscar Ortiz.
07/11/2019Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Unopposed Motion for Extension of Time to file Motion for Rehearing granted. Further requests for extensions of time will be disfavored. Motion for Rehearing is due no later than 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 Oscar Ortiz.
07/02/2018Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. Petitioner's brief is due August 1, 2018. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response brief is due August 21, 2018; Reply brief is due September 5, 2018.
07/02/2018Motion 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 Oscar Ortiz.
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.
06/28/2019Concurring and Dissenting Opinion deliveredIssued Chief Justice Hecht delivered an opinion concurring in part and dissenting in part, in which Justice Brown and Justice Blacklock joined.
06/28/2019Opinion 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 Lehrmann delivered the opinion of the Court, in which Chief Justice Hecht, Justice Green, Justice Guzman, Justice Boyd, Justice Devine, Justice Brown, Justice Blacklock, and Justice Busby joined as to Parts I, II, III(A), III(B), and III(C), and in which Justice Green, Justice Guzman, Justice Devine, and Justice Busby joined as to Part III(D).
(6/28/2019 6:28:08 PM) 171048cd2.pdf, 171048cd.pdf, 171048.pdf, 17-1048.jmt.pdf
06/07/2018Case Record Filed   Electronic Appellate Record received.
06/01/2018Record Requested in Case  Record requested from the 4th COA
06/01/2018Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than July 2, 2018; Response due July 23, 2018; Reply brief due August 7, 2018.
04/20/2018Miscellaneous motion disposed. See Remarks.Filing granted Motion for Leave to file a Letter Brief granted.
04/19/2018Letter brief   Letter Brief regarding USAA Texas Lloyds Co. v. Menchaca, No. 14-0721, 2017 WL 1311752 (Tex. Apr. 7, 2017) filed on behalf of State Farm Lloyds.
04/19/2018Miscellaneous Motion  Unopposed Motion for Leave to file a Letter Brief regarding this Court’s new opinion in USAA Texas Lloyds Co. v. Menchaca filed on behalf of State Farm Lloyds.
04/11/2018Response to Petition  Response to Petition for Review filed on behalf of State Farm Lloyds.
03/19/2019Post submission brief filed  Post-Submission Response Letter Brief filed on behalf of State Farm Lloyds.
02/25/2019Post submission brief filed  Post-Submission Letter Brief filed on behalf of petitioner, Oscar Ortiz.
02/21/2019Amicus Curiae Brief received  Amicus Curiae Brief of Texas Automobile Dealers Association, et al. received. Submitted by Brendan McBride of San Antonio, Texas.
02/20/2019Oral argument   Argued on behalf of petitioner by Joshua P. Davis; Argued on behalf of respondent by Melissa A. Lorber
02/15/2018Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review granted. Further requests for extensions of time will be disfavored. Response is due April 11, 2018.
02/15/2018Motion for Extension of Time to File Response  Motion for Extension of Time to file Response to Petition for Review filed on behalf of State Farm Lloyds.
02/13/2019Amicus Curiae Brief received  Amicus Brief of Insurance Counsel of Texas, National Association of Mutual Insurance Companies, and American Property Casualty Insurance Association submitted by Wade C. Crosnoe and Jay A. Thompson of Austin, Texas.
02/09/2018Supreme Court of Texas Requested Response  Requested response to petition for review due no later than March 12, 2018.
02/06/2019Additional citations received.  Notice of Additional Authorities filed on behalf of State Farm Lloyds.
02/05/2019Amicus Curiae Brief received  Amicus Brief of Central Mutual Insurance Company in support of Oscar Ortiz submitted by Russell J. Bowman of Irving, Texas.
01/30/2018Letter Filed  Letter filed on behalf of Oscar Ortiz.
01/29/2019Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Oscar Ortiz. Oral Argument will be presented by Joshua P. Davis of Davis Law Group of Houston, Texas.
01/29/2019Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of State Farm Lloyds. Oral Argument will be presented by Melissa A. Lorber of Enoch Kever PLLC of Austin, Texas.
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 
01/09/2018Case forwarded to Court 
01/03/2018Response Waiver filed  Response Waiver filed on behalf of State Farm Lloyds.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
12/13/2019Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Automobile Dealers AssociationAmicus CuriaeMr. Marc E. Gravely
Mr. Matthew R. Pearson
Mr. Jonathan Lisenby
Mr. Brendan K. McBride
Insurance Counsel of TexasAmicus CuriaeMr. Jay Thompson
Mr. Wade Crosnoe
Texans for Lawsuit ReformAmicus CuriaeMr. E. Lee Parsley
Texas Association of Mutual Insurance CompaniesAmicus CuriaeMr. John Sepehri
Mr. Edward D. Burbach
Ms. Kimberly A. Yelkin
Central Mutural Insurance CompanyAmicus CuriaeMr. Russell J. Bowman
Texas Hospital AssociationAmicus CuriaeMr. Brendan K. McBride
Mr. Matthew R. Pearson
Mr. Marc E. Gravely
Mr. Jonathan Lisenby
Texas League of Community Charter SchoolsAmicus CuriaeMr. Jonathan Lisenby
Mr. Matthew R. Pearson
Mr. Brendan K. McBride
Mr. Marc E. Gravely
Independent Bankers Association of TexasAmicus CuriaeMr. Matthew R. Pearson
Mr. Brendan K. McBride
Mr. Marc E. Gravely
Mr. Jonathan Lisenby
State Farm LloydsRespondentMs. Jennifer Gibbins Durbin
Ms. Amanda Louise Hazleton
Mr. Craig T. Enoch
Ms. Melissa A. Lorber
Texas Hotel & Lodging AssociationAmicus CuriaeMr. Jonathan Lisenby
Mr. Marc E. Gravely
Mr. Brendan K. McBride
Mr. Matthew R. Pearson
Ortiz, Oscar PetitionerMs. Katherine M. James
Mr. Joshua P. Davis
Texas Independent Automobile Dealers AssociationAmicus CuriaeMr. Brendan K. McBride
Mr. Marc E. Gravely
Mr. Matthew R. Pearson
Mr. Jonathan Lisenby
Texas Organization of Rural & Community HospitalsAmicus CuriaeMr. Matthew R. Pearson
Mr. Brendan K. McBride
Mr. Jonathan Lisenby
Mr. Marc E. Gravely
Texas Association of Community SchoolsAmicus CuriaeMr. Jonathan Lisenby
Mr. Matthew R. Pearson
Mr. Marc E. Gravely
Mr. Brendan K. McBride
American Property Casualty Insurance AssociationAmicus CuriaeMr. Wade Crosnoe
Mr. Jay Thompson
National Association of Mutual Insurance CompaniesAmicus CuriaeMr. Wade Crosnoe
Mr. Jay Thompson
Court of Appeals Information:
Affirmed  
568 SW3d 156, 11-08-17 
4th Court of Appeals 
Honorable Sandee Bryan Marion 
Trial Court Information
37th District Court 
Bexar 
Honorable Peter Sakai 
2015CI06130