Supreme Court

Case: 18-0852    
18-0852
09/10/2018
Petition for Review/Cause under Rule 53.1
MO-VAC SERVICE COMPANY, INC. 
PRIMITIVO ESCOBEDO, INDIVIDUALLY, SAN JUANITA ESCOBEDO, INDIVIDUALLY, AND MARTHA ESCOBEDO, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF FABIAN ESCOBEDO 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
05/11/2020Post submission brief filedPetitioner Post-Submission Letter Brief filed on behalf of Mo-Vac Service Company, Inc.
04/29/2020Post submission brief filedRespondent Post-Submission Brief on the Merits filed on behalf of Primitivo Escobedo.
04/08/2020Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter of Associated General Contractors of Texas—Highway, Heavy, Utilities & Industrial Branch submitted by Elizabeth Bloch.
04/02/2020Post submission brief filedPetitioner Post-Submission Letter filed on behalf of MO-VAC Service Co., Inc.
04/01/2020Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of the Texas Association of Business (TAB), Texans for Lawsuit Reform (TLR), the Texas Automobile Dealers Association (TADA), Martin Resource Management Corporation (MRMC), and Southern Multifoods, Inc. submitted by Jennifer Caughey of Jackson Walker LLP of Houston, Texas.
03/27/2020Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter of Tyler Lee and Leigh Ann Lee, Individually and as Next Friend of Sydney Rose Lee, Minor submitted by Russel S. Post of Beck Redden of Houston, Texas.
03/25/2020Post submission brief filedRespondent Brief In Response To Amicus Letter, Brief Of Amicus Curiae, and Brief In Supplementation Of Oral Argument filed on behalf of Primitivo Escobedo, et al.
03/11/2020Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter of Berkel & Company Contractors, Inc. submitted by Thomas Wright of Wright Close & Barger, LLP in Houston.
02/26/2020Exhibits in case/cause filedRespondent Oral Argument Exhibits filed on behalf of Primitivo Escobedo, et al.
12/13/2019Petition Reinstated 
11/04/2019Reply to Response to Motion for Rehearing filedPetitioner Reply in Support of Motion for Rehearing filed on behalf of Mo-Vac Service Co., Inc.
10/21/2019Response to Motion for RehearingRespondent Response to Motion for Rehearing filed on behalf of Primitivo Escobedo, et al.
09/24/2019Additional citations received.Petitioner Letter Regarding Frederking v. Cincinnati Ins. Co., filed on behalf of Mo-Vac Service Company, Inc.
08/07/2019Motion for RehearingRehearing filed in Petition for Review Motion for Rehearing filed on behalf of Mo-Vac Service Company.
04/17/2019Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Mo-Vac Service Company.
03/19/2019Brief on the MeritsRespondent Respondents' Brief on the Merits filed on behalf of Primitivo Escobedo, et al.
02/27/2019Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Mo-Vac Service Company.
10/25/2018Reply to ResponsePetitioner Reply in support of Petition for Review filed on behalf of Mo-Vac Service Company, Inc.
10/10/2018Response to PetitionRespondent Response to Petition for Review filed on behalf of Primitivo Escobedo, et al.
09/10/2018Petition for ReviewPetitioner Petition for Review filed on behalf of Mo-Vac Service Company, Inc.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/17/2019Oral Argument Submission Form from Attorney received  Oral Argument Submission form of MO-VAC Service Co., Inc. filed. Argument will be presented by Joseph Vale of Atlas, Hall & Rodriguez, LLP in McAllen, Texas.
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.
12/13/2019Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., February 26, 2020. Time allotted to argue: 20/20 minutes
12/13/2019Petition for Review disposedFiling granted
12/13/2019Petition for Review granted 
12/13/2019Petition Reinstated 
12/13/2019Previous Order of the Court withdrawn  Denial of petition for review on June 21, 2019 is withdrawn. The petition for review is reinstated.
12/13/2019Motion for Rehearing - DisposedFiling granted
11/04/2019Reply to Response to Motion for Rehearing filed  Reply in Support of Motion for Rehearing filed on behalf of Mo-Vac Service Co., Inc.
10/25/2018Reply to Response  Reply in support of Petition for Review filed on behalf of Mo-Vac Service Company, Inc.
10/21/2019Response to Motion for Rehearing  Response to Motion for Rehearing filed on behalf of Primitivo Escobedo, et al.
10/16/2018Case forwarded to Court 
10/10/2018Response to Petition  Response to Petition for Review filed on behalf of Primitivo Escobedo, et al.
09/27/2019Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Motion for Rehearing granted. Response due October 21, 2019. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
09/26/2019Motion for Extension of Time to File Response  Motion for Extension of Time to file Response to Motion for Rehearing filed on behalf of Primitivo Escobedo, et al.
09/25/2019Call received  Respondent will be filing a motion for extension of time to file response to motion for rehearing.
09/24/2019Additional citations received.  Letter Regarding Frederking v. Cincinnati Ins. Co., filed on behalf of Mo-Vac Service Company, Inc.
09/13/2019Supreme Court of Texas Requested Response  Response Requested to Motion for Rehearing due no later than September 30, 2019.
09/10/2018Petition for Review  Petition for Review filed on behalf of Mo-Vac Service Company, Inc.
09/10/2018Clerk's Record 
09/10/2018Court reporter/recorder's record 
08/13/2019Case forwarded to Court 
08/07/2019Motion for Rehearing  Motion for Rehearing filed on behalf of Mo-Vac Service Company.
08/06/2020Case Stored  e-stored
07/17/2020Call received  Call Received regarding Mandate.
07/16/2020Mandate issued  Mandate & Cost Bill Issued
07/02/2019Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Motion for Rehearing has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Motion for Rehearing is due on August 7, 2019.
07/02/2019Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Mo-Vac Service Company.
06/21/2019Petition for Review disposedDenied
06/12/2020Supreme Court of Texas Orders Issued 
06/12/2020Court approved judgment sent to attorneys of recordIssued
06/12/2020Concurring Opinion issued.Issued Justice Guzman delivered a concurring opinion.
06/12/2020Opinion issuedCourt of Appeals' judgment reversed & judgment rendered The Court reverses the court of appeals' judgment and renders judgment. Chief Justice Hecht delivered the opinion of the Court. (Justice Lehrmann not participating)
06/12/2020Motion for leave to file brief disposedFiling granted Motion for Leave to File Joint Response Brief granted
05/11/2020Post submission brief filed  Post-Submission Letter Brief filed on behalf of Mo-Vac Service Company, Inc.
04/30/2020Call received  Call received from counsel for Petitioner regarding Motion for Leave to File Brief.
04/30/2020Electronic communication sent to Party  Email sent to counsel for Petitioners to see if a response will be filed to the Motion for Leave to file Brief.
04/29/2020Post submission brief filed  Post-Submission Brief on the Merits filed on behalf of Primitivo Escobedo.
04/29/2020Motion for leave to file brief  Opposed Motion for Leave to file Brief in Response to Petitioner's Post-Submission Brief and Briefs of Amici Curiae filed on behalf of Primitivo Escobedo, et al.
04/17/2019Reply Brief  Reply Brief on the Merits filed on behalf of Mo-Vac Service Company.
04/08/2020Amicus Curiae Letter Received  Amicus Curiae Letter of Associated General Contractors of Texas—Highway, Heavy, Utilities & Industrial Branch submitted by Elizabeth Bloch.
04/02/2020Post submission brief filed  Post-Submission Letter filed on behalf of MO-VAC Service Co., Inc.
04/01/2020Amicus Curiae Brief received  Amicus Curiae Brief of the Texas Association of Business (TAB), Texans for Lawsuit Reform (TLR), the Texas Automobile Dealers Association (TADA), Martin Resource Management Corporation (MRMC), and Southern Multifoods, Inc. submitted by Jennifer Caughey of Jackson Walker LLP of Houston, Texas.
04/01/2020Call received  Call received from Counsel for Petitioner.
03/27/2020Amicus Curiae Letter Received  Amicus Curiae Letter of Tyler Lee and Leigh Ann Lee, Individually and as Next Friend of Sydney Rose Lee, Minor submitted by Russel S. Post of Beck Redden of Houston, Texas.
03/27/2019Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. The Reply Brief is due April 17, 2019.
03/27/2019Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to File Reply Brief on behalf of Mo-Vac Service Company.
03/25/2020Call received  Call Received from Mr. Starry.
03/25/2020Post submission brief filed  Brief In Response To Amicus Letter, Brief Of Amicus Curiae, and Brief In Supplementation Of Oral Argument filed on behalf of Primitivo Escobedo, et al.
03/25/2020Motion for leave to file brief  Motion for Leave to File Brief in Response to Amicus Letter, Brief of Amicus Curiae, and Brief in Supplementation of Oral Argument filed on behalf of Primitivo Escobedo, et al.
03/19/2019Brief on the Merits  Respondents' Brief on the Merits filed on behalf of Primitivo Escobedo, et al.
03/11/2020Amicus Curiae Letter Received  Amicus Curiae Letter of Berkel & Company Contractors, Inc. submitted by Thomas Wright of Wright Close & Barger, LLP in Houston.
02/27/2019Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Mo-Vac Service Company.
02/26/2020Oral argument   Argued on behalf of petitioner by J. Joseph Vale; Argued on behalf of respondents by Stuart Starry
02/26/2020Call received  Call received from an attorney on the case regarding Oral Argument video.
02/26/2020Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Primitivo Escobedo, et al.
02/14/2020Submission Schedule 
02/04/2019Motion for Extension of Time disposed.Filing granted Second Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. Petitioner's brief is due February 27, 2019. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Response brief is due March 19, 2019; Reply brief is due April 3, 2019.
02/04/2019Motion 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 Mo-Vac Service Company, Inc.
01/13/2020Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Mr. Stuart Starry with the Starry Law Firm of Midland, Texas, filed on behalf of Primitivo Escobedo, et al.
01/13/2020Notice of Appearance  Notice of Appearance for Mr. Stuart Starry filed on behalf of Primitivo Escobedo, et al.
01/07/2019Motion 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 no later than February 13, 2019; Respondent's brief is due March 5, 2019; and Reply brief is due March 20, 2019.
01/07/2019Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioner's Brief ont he Merits filed on behalf of Mo-Vac Service Co., Inc.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
08/06/2020Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Martha Escobedo, Individually, and as Representative of The Estate of Fabian EscobedoRespondentMr. Armando P. Duran
Mr. Stuart J. Starry
Texas Association of BusinessAmicus CuriaeMs. Jennifer Caughey  
Ms. Danica Lynn Milios
Escobedo, San JuanitaRespondentMr. Armando P. Duran
Mr. Stuart J. Starry
Texas Automobile Dealers AssociationAmicus CuriaeMs. Danica Lynn Milios
Ms. Jennifer Caughey  
Berkel & Company Contractors, Inc.Amicus CuriaeMr. Thomas C. Wright
Texans for Lawsuit ReformAmicus CuriaeMs. Danica Lynn Milios
Ms. Jennifer Caughey  
Escobedo, Primitivo RespondentMr. Stuart J. Starry
Mr. Armando P. Duran
Associated General Contractors of Texas—Highway, Heavy, Utilities & Industrial BranchAmicus CuriaeMs. Elizabeth G. Bloch
Sourthern Multifoods, Inc.Amicus CuriaeMs. Jennifer Caughey  
Ms. Danica Lynn Milios
Martin Resource Management CorporationAmicus CuriaeMs. Danica Lynn Milios
Ms. Jennifer Caughey  
Tyler Lee and Leigh Ann Lee, Individually and as Next Friend of Sydney Rose Lee, MinorAmicus CuriaeMr. Russell S. Post
MO-VAC Service Co. Inc.PetitionerMr. Mike Mills
Mr. J. Joseph Vale Jr.
Ms. Susan R. Sullivan
Court of Appeals Information:
Aff/Pt and Rev & Rem/Pt 
___ SW3d ___, 07-27-18 
13th Court of Appeals 
Honorable Rogelio Valdez 
Trial Court Information
206th District Court 
Hidalgo 
Honorable Rose Guerra Reyna 
C-5132-14-D