Supreme Court

Case: 18-0768    
18-0768
08/17/2018
Petition for Review/Cause under Rule 53.1
SOUTHWESTERN ELECTRIC POWER COMPANY 
KENNETH LYNCH, TOMMY BATCHELOR, AND TWANT WILSON 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
06/13/2019Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Southwestern Electric Power Company.
05/08/2019Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Kenneth Lynch, et al.
03/18/2019Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of SWEPCO.
12/03/2018Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief received on behalf of South Texans' Property Rights Association, et al.  Submitted by James D. Bradbury of Austin, Texas.
11/21/2018Amicus Curiae Brief receivedReceived (instead of filed) First Amended Amicus Brief received on behalf of Texas Farm Bureau.  Submitted by Mr. Andy McSwain with Fulbright Winniford, P.C. of Waco, Texas.
11/21/2018Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief received on behalf of Texas Farm Bureau Ins. Co.  Submitted by Mr. Andy McSwain with Fulbright Winniford, P.C., of Waco, Texas.
10/29/2018Response to PetitionRespondent Response to Petition for Review filed on behalf of Kenneth Lynch, et al.
10/05/2018Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Electric Transmission Texas, LLC. Submitted by ETT Counsel Alexandra Lee Hobbs of Austin, Texas.
09/17/2018Amicus Curiae Brief receivedReceived (instead of filed) Amici Curiae Brief submitted by CenterPoint Energy Houston Electric, LLC and Oncor Electric Delivery Company LLC.
08/17/2018Petition for ReviewPetitioner Petition for Review filed on behalf of Southwestern Electric Power Company.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/28/2018Motion 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 February 15, 2019. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response brief is due March 7, 2019; Reply brief is due March 22, 2019.
12/28/2018Motion 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 Southwestern Electric Power Company.
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.
12/05/2019Oral argument   Argued on behalf of petitioner by Marnie A. McCormick; Argued on behalf of respondent by C. David Glass
12/03/2018Amicus Curiae Brief received  Amicus Brief received on behalf of South Texans' Property Rights Association, et al.  Submitted by James D. Bradbury of Austin, Texas.
12/02/2019Submission Schedule 
11/21/2018Amicus Curiae Brief received  First Amended Amicus Brief received on behalf of Texas Farm Bureau.  Submitted by Mr. Andy McSwain with Fulbright Winniford, P.C. of Waco, Texas.
11/21/2018Amicus Curiae Brief received  Amicus Brief received on behalf of Texas Farm Bureau Ins. Co.  Submitted by Mr. Andy McSwain with Fulbright Winniford, P.C., of Waco, Texas.
11/04/2019Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Petitioner, Southwestern Electric Power Company. Oral Argument will be presented by Marnie A. McCormick of Duggins Wren Mann & Romero, LLP of Austin, Texas.
11/01/2019Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Respondents, Kenneth Lynch, et al. Oral Argument will be presented by C. David Glass of Smith Weber, LLP of Texarkana, Texas.
10/29/2018Response to Petition  Response to Petition for Review filed on behalf of Kenneth Lynch, et al.
10/05/2018Amicus Curiae Brief received  Amicus Brief of Electric Transmission Texas, LLC. Submitted by ETT Counsel Alexandra Lee Hobbs of Austin, Texas.
09/28/2018Supreme Court of Texas Requested Response  Requested response to petition for review due no later than October 29, 2018.
09/17/2018Amicus Curiae Brief received  Amici Curiae Brief submitted by CenterPoint Energy Houston Electric, LLC and Oncor Electric Delivery Company LLC.
08/30/2019Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., December 5, 2019.  Time allotted to argue: 20/20 minutes
08/30/2019Petition for Review disposedFiling granted
08/30/2019Petition for Review granted 
08/28/2018Case forwarded to Court 
08/24/2018Response Waiver filed  Waiver of Response filed on behalf of Kenneth Lynch, et al.
08/17/2018Petition for Review  Petition for Review filed on behalf of Southwestern Electric Power Company.
08/17/2018Clerk's Record 
08/17/2018Court reporter/recorder's record 
06/13/2019Reply Brief  Reply Brief on the Merits filed on behalf of Southwestern Electric Power Company.
05/21/2019Motion for Extension of Time disposed.Filing granted 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 BE DISFAVORED. Reply brief is due June 21, 2019.
05/21/2019Motion 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 Southwestern Electric Power Company.
05/08/2019Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Kenneth Lynch, et al.
04/02/2020Mandate issued  Mandate & Cost Bill Issued
03/21/2019Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondents' Brief on the Merits granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Respondents' Brief is due May 8, 2019. Reply Brief is due May 23, 2019.
03/21/2019Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Respondents' Brief on the Merits filed on behalf of Kenneth Lynch, et al.
03/18/2019Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of SWEPCO.
02/28/2020Court approved judgment sent to attorneys of recordIssued
02/28/2020Opinion 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 Green delivered the opinion of the Court.  (Justice Bland did not participate)
(2/28/2020 12:07:13 PM) 180768.pdf, 18-0768.jmt.pdf
02/08/2019Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Petitioner's Brief on the Merits granted.  No further extensions of time will be considered.  Petitioner's brief is due no later than March 18, 2019; Respondent's brief is due April 8, 2019; and Reply brief is due April 23, 2019.
02/08/2019Electronic communication received from Party  Email from respondent stating they are unopposed to the second motion for extension of time to file petitioner's brief on the merits.
02/08/2019Electronic communication sent to Party  Email sent to respondent to determine if a written response in opposition to second motion for extension of time to file petitioner's brief on the merits will be filed.
02/07/2019Motion 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 Southwestern Electric Power Company.
02/07/2019Notice of Appearance  Appearance and Designation of Additional Counsel filed on behalf Southwestern Electric Power Company.
01/07/2019Notice from Counsel of a change in address  Change of Firm Address for Andy McSwain, counsel for Texas Farm Bureau.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
04/02/2020Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Independent Cattlemen’s Association of TexasAmicus CuriaeMs. Courtney Cox Smith
Mr. James D. Bradbury
Southwestern Electric Power CompanyPetitionerMs. Stephanie M. Green
Mr. Rickey Lawrence Faulkner
Mr. James Thomas Carroll IV
Ms. Marnie A. McCormick
Texas and Southwestern Cattle Raisers AssociationAmicus CuriaeMr. James D. Bradbury
Ms. Courtney Cox Smith
Texas Corn Producers AssociationAmicus CuriaeMr. James D. Bradbury
Ms. Courtney Cox Smith
Texas Land & Mineral Owners AssociationAmicus CuriaeMs. Courtney Cox Smith
Mr. James D. Bradbury
Texas Wildlife AssociationAmicus CuriaeMr. James D. Bradbury
Ms. Courtney Cox Smith
CenterPoint Energy Houston Electric, LLCAmicus CuriaeMr. Thomas J. Forestier
Texas Poultry FederationAmicus CuriaeMr. James D. Bradbury
Ms. Courtney Cox Smith
Electric Transmission Texas, LLCAmicus CuriaeMs. Alexandra Lee Hobbs
Texas Cattle Feeders AssociationAmicus CuriaeMr. James D. Bradbury
Ms. Courtney Cox Smith
Batchelor, TommyRespondentMr. Charles David Glass
Mr. Donald W. Capshaw
Kenneth LynchRespondentMr. Charles David Glass
Mr. Donald W. Capshaw
Plains Cotton Growers, IncAmicus CuriaeMs. Courtney Cox Smith
Mr. James D. Bradbury
Oncor Electric Delivery Company LLCAmicus CuriaeMs. Megan Coker
Mr. Stephen S. Gilstrap
South Texans’ Property Rights AssociationAmicus CuriaeMs. Courtney Cox Smith
Mr. James D. Bradbury
Texas Forestry AssociationAmicus CuriaeMs. Courtney Cox Smith
Mr. James D. Bradbury
Texas Farm Bureau Insurance CompanyAmicus CuriaeMr. Angus Earl McSwain  
Ms. Lauren Olivarez
Wilson, TwantRespondentMr. Charles David Glass
Tiffany S. Gilbert
Mr. Donald W. Capshaw
Court of Appeals Information:
Affirmed  
581 SW3d 292, 06-12-18 
6th Court of Appeals 
Honorable Bailey Moseley 
Trial Court Information
202nd District Court 
Bowie 
Honorable John Tidwell 
15C1494-202