Supreme Court

Case: 18-0309    
18-0309
04/02/2018
Second Petition for Review/Cause under Rule 53.1
BERKEL & COMPANY CONTRACTORS, INC. 
TYLER LEE, ET AL. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
10/02/2020Post submission brief filedPetitioner Response to Tyler Lee’s September 24, 2020 post-submission letter filed on behalf of Berkel & Company Contractors, Inc.
09/24/2020Post submission brief filedRespondent Post Submission Brief filed on behalf of Tyler Lee, et al.
09/11/2020Exhibits in case/cause filedRespondent Oral Argument Exhibits filed on behalf of Tyler Lee, et al.
06/26/2020Petition Reinstated 
03/25/2020Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Primitivo Escobedo, et al submitted by Stuart Starry of The Starry Law Firm, PLLC of Midland, Texas.
03/13/2020Petition Reinstated 
01/10/2020Reply to Response to Motion for Rehearing filedPetitioner Reply in Support of Motion for Rehearing filed on behalf of Berkel & Company Contractors, Inc.
01/06/2020Response to Motion for RehearingRespondent Response to Motion for Rehearing filed on behalf of Tyler Lee, et al.
10/16/2019Motion for RehearingRehearing filed in Petition for Review Motion for Rehearing filed on behalf of Berkel & Company Contractors, Inc.
05/03/2019Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Berkel & Company Contractors, Inc.
04/12/2019Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Tyler Lee, et al.
02/27/2019Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Berkel & Co. Contractors, Inc.
11/27/2018Reply to ResponseEvent related to first petition filed in case. Reply in support of Petition for Review filed on behalf of Berkel & Company Contractors, Inc.
11/12/2018Response to PetitionRespondent Response to Petition for Review filed on behalf of Tyler Lee, et al.
09/04/2018Response to PetitionRespondent Response to Cross Petition for Review filed on behalf of Petitioner/Cross-Respondent, Berkel & Company Contractors, Inc.
07/18/2018Petition for Review #2Event related to subsequent petition filed in case. Cross-Petition for Review filed on behalf of Tyler Lee, et al.
06/21/2018Corrected PetitionPetitioner Corrected Petition for Review filed on behalf of Berkel & Company Contractors, Inc.
06/20/2018Petition for ReviewPetitioner Petition for Review filed on behalf of Berkel & Company Contractors, Inc.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/14/2018Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than January 14, 2019; Response brief due February 4, 2019; Reply brief due February 19, 2019.
12/06/2019Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Motion for Rehearing granted. Response due January 8, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
12/06/2019Motion for Extension of Time to File Response  Motion for Extension of Time to file Response to Motion for Rehearing.
11/27/2018Reply to Response  Reply in support of Petition for Review filed on behalf of Berkel & Company Contractors, Inc.
11/22/2019Supreme Court of Texas Requested Response  Requested response to motion for rehearing due no later than December 9, 2019.
11/20/2020Court approved judgment sent to attorneys of recordIssued
11/20/2020Opinion issuedIssued
11/20/2020Opinion issuedCourt affirms in part, reverses in part and renders court of appeals' judgment The Court affirms in part and reverses in part the court of appeals' judgment and renders judgment. Justice Bland delivered the opinion of the Court. (Justice Lehrmann and Justice Busby not participating)
(11/20/2020 2:12:36 PM) 180309.pdf, 18-0309.jmt.pdf
11/12/2018Response to Petition  Response to Petition for Review filed on behalf of Tyler Lee, et al.
10/22/2019Case forwarded to Court 
10/16/2019Motion for Rehearing  Motion for Rehearing filed on behalf of Berkel & Company Contractors, Inc.
10/12/2020Electronic communication sent to Party  Email sent to The 14th Court of Appeals Clerk's Office requesting video portion of the record.
10/12/2020Case Record Filed  
10/12/2020Phone call from Clerk's Office  Call made to the 14th Court of Appeals Clerk's Office regarding the record.
10/12/2018Supreme Court of Texas Requested Response  Requested response to petition for review due no later than November 12, 2018.
10/02/2020Post submission brief filed  Response to Tyler Lee’s September 24, 2020 post-submission letter filed on behalf of Berkel & Company Contractors, Inc.
09/24/2020Post submission brief filed  Post Submission Brief filed on behalf of Tyler Lee, et al.
09/17/2019Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Motion for Rehearing granted.  No further extensions of time will be considered.  Motion for Rehearing is due no later than October 16, 2019.
09/16/2019Response to Motion filed  Response to Motion for Extension of Time to file Motion for Rehearing filed on behalf of Tyler Lee, et al.
09/16/2019Electronic communication sent to Party  Email sent to counsel for Respondent to see if a Response to the Opposed Motion for Extension of Time to file Motion for Rehearing will be filed.
09/16/2019Motion for Extension of Time to File Motion for Rehearing  Opposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Berkel & Company Contractors, Inc.
09/15/2020Oral argument   Argued on behalf of petitioners by Thomas C. Wright; Argued on behalf of respondents by Russell S. Post (Justice Lehrmann and Justice Busby not participating)
09/15/2020Oral argument   Argued on behalf of petitioners by Thomas C. Wright; Argued on behalf of respondents by Russell S. Post (Justice Lehrmann and Justice Busby not participating)
09/11/2020Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Tyler Lee, et al.
09/11/2018Case forwarded to Court 
09/11/2018Case forwarded to Court 
09/04/2020Submission Schedule 
09/04/2018Response to Petition  Response to Cross Petition for Review filed on behalf of Petitioner/Cross-Respondent, Berkel & Company Contractors, Inc.
08/30/2019Petition for Review disposedDenied with Justice not sitting. (Justice Lehrmann and Justice Busby not participating)
08/30/2019Petition for Review disposedDenied with Justice not sitting. (Justice Lehrmann and Justice Busby not participating)
08/21/2020Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Petitioner, Berkel & Company Contractors, Inc. Oral Argument will be presented by Thomas C. Wright of Wright Close & Barger, LLP of Houston, Texas.
08/19/2020Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Respondents, Tyler Lee, et al. Oral Argument will be presented by Russell S. Post of Beck Redden LLP of Houston, Texas.
08/14/2020Letter sent to parties from Supreme Court - See Remarks  Letter sent to parties stating, " The Supreme Court of Texas set the above-referenced cause for oral submission for Tuesday, September 15, 2020. Oral argument will be held via Zoom. Attached is a guide for attorneys participating in oral arguments via Zoom. The Clerk of the Court will contact you with further instructions."
08/07/2018Motion for Extension of Time to File Response disposedFiling granted Unopposed Motion for Extension of Time to file Response to Cross-Petition for Review granted. Further requests for extensions of time will be disfavored. Response is due no later than September 4, 2018.
08/07/2018Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Cross-Petition for Review filed on behalf of Berkel & Company Contractors, Inc.
07/18/2018Response Waiver filed  Response Waiver filed on behalf of Tyler Lee.
07/18/2018Petition for Review #2  Cross-Petition for Review filed on behalf of Tyler Lee, et al.
06/26/2020Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., September 15, 2020.  Time allotted to argue:  20/20 minutes (Justice Lehrmann and Justice Busby not participating)
06/26/2020Petition for Review disposedFiling granted
06/26/2020Petition for Review granted 
06/26/2020Petition Reinstated 
06/26/2020Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., September 15, 2020.  Time allotted to argue:  20/20 minutes (Justice Lehrmann and Justice Busby not participating)
06/21/2018Corrected Petition  Corrected Petition for Review filed on behalf of Berkel & Company Contractors, Inc.
06/21/2018Letter Filed  Letter filed regarding changes in Corrected Petition for Review filed on behalf of Berkel & Company Contractors, Inc.
06/20/2018Petition for Review  Petition for Review filed on behalf of Berkel & Company Contractors, Inc.
06/19/2020Motion for leave to file brief disposedFiling granted Motion for Leave to File Brief in Response granted
06/19/2020Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined. (Justice Lehrmann and Justice Busby not participating)
06/19/2020Petition for Review granted 
05/14/2018Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second 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 20, 2018.
05/14/2018Second Motion for Extension of Time to File Petition for Review filed  Second Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Berkel & Company Contractors, Inc.
05/03/2019Reply Brief  Reply Brief on the Merits filed on behalf of Berkel & Company Contractors, Inc.
04/15/2021Case Stored  e-stored
04/12/2019Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Tyler Lee, et al.
04/02/2018Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review has been granted. Petition for Review is due on May 21, 2018.
04/02/2018Motion for Extension of Time to File Petition for Review filed  Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Berkel & Company Contractors, Inc.
04/02/2018Clerk's Record 
04/02/2018Court reporter/recorder's record 
04/02/2018Court reporter/recorder's record 
04/02/2018Court reporter/recorder's record 
04/02/2018Court reporter/recorder's record 
04/02/2018Supplement to Clerk's/Reporter's Record 
04/02/2018Court reporter/recorder's record 
04/02/2018Court reporter/recorder's record 
04/02/2018Court reporter/recorder's record 
04/02/2018Court reporter/recorder's record 
04/02/2018Court reporter/recorder's record 
04/02/2018Clerk's Record 
04/02/2018Court reporter/recorder's record 
04/02/2018Court reporter/recorder's record 
04/02/2018Court reporter/recorder's record 
03/25/2020Call received  Call received from Mr. Starry, counsel for Amicus Curiae Primitivo Escobedo.
03/25/2020Amicus Curiae Brief received  Amicus Curiae Brief of Primitivo Escobedo, et al submitted by Stuart Starry of The Starry Law Firm, PLLC of Midland, Texas.
03/25/2020Motion for leave to file brief  Motion for Leave to file Brief of Amicus Curiae filed on behalf of Primitivo Escobedo, et al.
03/18/2019Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondent's Brief on the Merits is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Respondent's Brief is due April 18, 2019. Reply Brief is due May 3, 2019.
03/18/2019Motion 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 Tyler Lee, et al.
03/13/2020Previous Order of the Court withdrawn  Denial of petition for review on August 30, 2019 is withdrawn.
03/13/2020Previous Order of the Court withdrawn  Denial of petition for review on August 30, 2019 is withdrawn.
03/13/2020Petition Reinstated 
03/13/2020Motion for Rehearing - DisposedFiling granted (Justice Lehrmann and Justice Busby not participating)
03/11/2020Call received  Call from attorney for petitioner inquiring about status of rehearing. Rehearing is still pendingl and Court is aware of Denied by Operation of Law date.
02/27/2019Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Berkel & Co. Contractors, Inc.
02/06/2019Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Petitioner's Brief on the Merits has been granted. NO FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petitioner's Brief is due on February 27, 2019. Response Brief is due on March 19, 2019. Reply Brief is due on April 3, 2019.
02/05/2019Motion for Extension of Time to File Brief filed  Second Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Berkel & Company Contractors, Inc.
01/24/2019Miscellaneous motion disposed. See Remarks.Filing granted Motion for Leave to Address Cross-Petition for Review in Respondent's Brief on the Merits granted.
01/14/2019Response to Motion filed  Response in Opposition to Motion for Leave to Address Cross-Petition for Review in Respondent's Brief on the Merits filed on behalf of Berkel & Company Contractors, Inc.
01/11/2019Electronic communication received from Party  Petitioner will file a written response to motion for leave to address cross-petition for review in respondent's brief on the merits no later than January 14, 2019.
01/11/2019Electronic communication sent to Party  Email sent to petitioner to determine if a written response in opposition to motion for leave to address cross-petition for review in respondent' brief on the merits will be filed.
01/11/2019Miscellaneous Motion  Motion for Leave to Address Cross-Petition for Review in Respondent's Brief on the Merits filed on behalf of Tyler Lee, et al.
01/10/2020Reply to Response to Motion for Rehearing filed  Reply in Support of Motion for Rehearing filed on behalf of Berkel & Company Contractors, Inc.
01/07/2021Mandate issued  Mandate & Cost Bill Issued
01/06/2020Response to Motion for Rehearing  Response to Motion for Rehearing filed on behalf of Tyler Lee, et al.
01/04/2019Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petitioner's Brief is due on February 13, 2019. Response Brief is due on March 5, 2019. Reply Brief is due on March 20, 2019.
01/04/2019Motion 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 Berkel & Company Contractors, Inc.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
05/14/2021Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Tyler Lee and Leigh Ann Lee, Individually and as Next Friend of S.R.L., MinorRespondentMr. Steven D. Selbe
Justin R. Gilbert
Mr. Kyle A. Lawrence
Mr. Kurt B. Arnold
Mr. M. Paul Skrabanek
Mr. Joshua S. Smith
Mr. J. Kyle Findley  
Mr. William Powers Jr.
Mr. Russell S. Post
Martha Escobedo, Individually, and as Representative of The Estate of Fabian EscobedoAmicus CuriaeMr. Stuart J. Starry
Berkel & Company Contractors, Inc.PetitionerMr. Thomas C. Wright
Ms. Jessica Zavadil Barger
Ms. Brittany R. Greger
Mr. Garrett Gibson
Mr. Brian J. Cathey
Mr. Andrew T. McKinney IV
Mr. Randy E. Moore
Duane Mena II
Mr. Reagan W. Simpson
Escobedo, San JuanitaAmicus CuriaeMr. Stuart J. Starry
Escobedo, PrimitivoAmicus CuriaeMr. Stuart J. Starry
Maxim Crane Works, L.P.Other interested party Ms. Ann Knight
Mr. Jeffrey L. Diamond
Court of Appeals Information:
Reverse & Remand 
543 SW3d 288, 01-23-18 
14th Court of Appeals 
Honorable Tracy K. Christopher 
Trial Court Information
149th District Court 
Brazoria 
Honorable Terri Tipton Holder 
75576-CV