Supreme Court

Case: 18-0987    
18-0987
10/11/2018
Petition for Review originally filed as 53.7(f)
DAVID NELSON, INDIVIDUALLY AND D/B/A COLLECTIVE CONTRACTING, A SOLE PROPRIETORSHIP; COLLECTIVE CONTRACTING, INC.; AND E. E. HOOD & SONS, INC. 
VERNCO CONSTRUCTION, INC. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
02/14/2020Motion for Rehearing filed by pet #3Rehearing filed in Petition for Review Motion for Rehearing filed on behalf of Vernco Construction, Inc.
02/03/2020Motion for Rehearing for pet #2 Rehearing filed in Petition for Review Motion for Rehearing filed on behalf of E.E. Hood & Sons, Inc.
02/03/2020Motion for RehearingRehearing filed in Petition for Review Motion for Rehearing filed on behalf of David Nelson.
11/26/2019Reply BriefPetitioner Reply Brief on the Merits filed on behalf of E.E. Hood & Sons, Inc.
11/18/2019Reply BriefPetitioner Reply Brief on the Merits filed on behalf of David Nelson.
11/18/2019Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Vernco Construction, Inc.
11/18/2019Reply BriefPetitioner Reply Brief to E. E. Hood & Sons, Inc.'s Response Brief filed on behalf of Vernco Construction, Inc.
10/11/2019Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of E.E. Hood & Sons, Inc.
10/10/2019Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Vernco Construction, Inc.
10/10/2019Brief on the MeritsRespondent Response to David Nelson's Brief on the Merits filed on behalf of Vernco Construction, Inc.
10/10/2019Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of David Nelson.
08/22/2019Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of E.E. Hood & Sons, Inc.
08/21/2019Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Vernco Construction, Inc.
08/20/2019Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of David Nelson.
04/16/2019Reply to Response to Petition filed Event related to subsequent petition filed in case. E.E. Hood's Reply to Vernco Construction Inc.'s Response to E.E. Hood's Petition for Review filed.
04/01/2019Reply to Response to Petition filed Event related to subsequent petition filed in case. Reply to E.E. Hood & Sons, Inc.'s Response to Respondent's Cross-Petition for Review filed on behalf of Vernco Construction, Inc.
03/28/2019Reply to ResponseEvent related to subsequent petition filed in case. Reply to David Nelson's Response to Petition for Review filed on behalf of Vernco Construction, Inc.
03/25/2019Reply to ResponsePetitioner Reply to Vernco Construction, Inc.'s Response to Petition for Review filed on behalf of David Nelson.
03/15/2019Response to PetitionEvent related to subsequent petition filed in case. Response to Vernco Construction's Cross-Petition for Review filed on behalf of E.E. Hood & Sons, Inc.
03/13/2019Response to PetitionRespondent Response to Vernco Construction, Inc.'s Petition for Review filed on behalf of David Nelson.
03/13/2019Response to PetitionRespondent Response to David Nelson's Petition for Review filed on behalf of Vernco Construction, Inc.
03/13/2019Response to PetitionRespondent Response to E.E. Hood & Sons, Inc. Petition for Review filed on behalf of Vernco Construction, Inc.
01/30/2019Petition for Review #3Petitioner Petition for Review filed on behalf of Vernco Construction, Inc.
11/29/2018Petition for Review #2Petitioner Petition for Review filed on behalf of E.E. Hood & Sons, Inc.
11/21/2018Petition for ReviewPetitioner Petition for Review filed on behalf of David Nelson.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/21/2018Motion for Extension of Time to File Petition for Review disposedFiling granted Unopposed Motion for Extension of Time to file Petition for Review granted.  Petition for Review is due no later than January 30, 2019.
12/21/2018Motion 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 Vernco Construction, Inc.
12/04/2018Case forwarded to Court 
12/04/2018Case forwarded to Court 
12/04/2018Response Waiver filed  Response Waiver to E.E. Hood & Sons, Inc. Petition for Review filed on behalf of Vernco Construction, Inc.
12/03/2018Third Motion for Extension of Time to File Petition for Review disposedFiling granted Third Motion for Extension of Time to file Petition for Review has been granted. Petition was filed on November 29, 2018.
12/03/2018Response to Motion for Extension of Time to File Petition for Review  Response in Opposition to Third Motion for Extension of Time filed on behalf of Vernco Construction, Inc.
11/30/2018Electronic communication sent to Party  Emailed counsel for respondent to determine if a response to motion would be filed.
11/29/2018Third Motion for Extension of Time to File Petition for Review filed  Opposed Third Motion for Extension of Time to file Petition for Review filed on behalf of E.E. Hood & Sons, Inc.
11/29/2018Petition for Review #2  Petition for Review filed on behalf of E.E. Hood & Sons, Inc.
11/27/2019Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief granted. Reply Brief was filed on November 26, 2019.
11/27/2019Motion for Extension of Time to File Brief filed  Unopposed Third Motion for Extension of Time to file Reply Brief filed on behalf of E.E. Hood & Sons, Inc.
11/27/2018Response Waiver filed  Response Waiver filed on behalf of Vernco Construction, Inc.
11/26/2019Reply Brief  Reply Brief on the Merits filed on behalf of E.E. Hood & Sons, Inc.
11/21/2018Petition for Review  Petition for Review filed on behalf of David Nelson.
11/20/2018Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Motion for Extension of Time to file Petition for Review granted.  Further requests for extensions of time will be disfavored. Petition for Review is due no later than November 26, 2018.
11/20/2018Second Motion for Extension of Time to File Petition for Review filed  Second Motion for Extension of Time to file Petition for Review filed on behalf of E.E. Hood & Sons, Inc.
11/18/2019Reply Brief  Reply Brief on the Merits filed on behalf of David Nelson.
11/18/2019Reply Brief  Reply Brief on the Merits filed on behalf of Vernco Construction, Inc.
11/18/2019Reply Brief  Reply Brief to E. E. Hood & Sons, Inc.'s Response Brief filed on behalf of Vernco Construction, Inc.
11/18/2019Motion for Extension of Time disposed.Filing granted Second Unopposed Motion for Extension of Time to file Reply Brief on the Merits granted.  No further extensions of time will be considered.  Reply brief is due no later than November 25, 2019.
11/18/2019Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of E.E. Hood & Sons, Inc.
10/29/2019Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits granted. Reply Brief due November 18, 2019. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
10/28/2019Call received  Call received from counsel for David Nelson, regarding the Motion for Extension of Time to file Reply Brief on the Merits.
10/28/2019Call received  Call received from counsel for Vernco Construction, Inc. regarding the Motion for Extension of Time to file Reply Brief on the Merits.
10/25/2019Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Reply Briefs on the Merits filed jointly.
10/16/2019Call received  Call received from counsel for Petitioner regarding the Reply Brief due date.
10/15/2019Phone call from Clerk's Office  Call made to counsel for petitioner. Informed counsel that motion for extension of time to file brief was granted.
10/15/2019Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondent's Brief on the Merits is granted. Respondent's Brief was filed on October 11, 2019. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief is due October 28, 2019.
10/15/2019Response to Motion filed  Vernco Construction's Response to the E.E. Hood & Sons, Inc. Opposed Second Motion for Extension of Time to file Respondent's Brief on the Merits.
10/14/2019Electronic communication sent to Party  Email sent to counsel for Vernco Construction to see if a response will be filed to the Opposed Second Motion for Extension of Time to file Respondent's Brief on the Merits.
10/13/2019Motion for Extension of Time to File Brief filed  Opposed Second Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of E.E. Hood & Sons, Inc.
10/12/2018Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review granted.  Petition for Review is due no later than November 21, 2018.
10/11/2019Call received  Call received from counsel for  E.E. Hood & Sons, Inc. stating they will file a motion for extension of time to file the Response Brief on the Merits that was filed earlier today. They had technical difficulties filing the brief.
10/11/2019Brief on the Merits  Respondent's Brief on the Merits filed on behalf of E.E. Hood & Sons, Inc.
10/11/2018Motion for Extension of Time to File Petition for Review #2 filed  Motion for Extension of Time to file Petition for Review filed on behalf of E.E. Hood & Sons, Inc.
10/11/2018Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review granted. Petition for Review is due November 21, 2018.
10/11/2018Motion 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 David Nelson.
10/10/2019Brief on the Merits  Response Brief on the Merits filed on behalf of Vernco Construction, Inc.
10/10/2019Brief on the Merits  Response to David Nelson's Brief on the Merits filed on behalf of Vernco Construction, Inc.
10/10/2019Brief on the Merits  Respondent's Brief on the Merits filed on behalf of David Nelson.
08/28/2019Motion for Extension of Time disposed.Filing granted Joint Motion for Extension of Time to file Respondents' Briefs on the Merits granted. Respondents' Briefs due October 10, 2019. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
08/28/2019Motion for Extension of Time to File Brief filed  Joint Motion for Extension of Time to file Respondents' Briefs on the Merits filed.
08/23/2019Motion for Extension of Time disposed.Filing granted Unopposed Third Motion for Extension of Time to file Petitioner's Brief on the Merits granted.  Petitioner's Brief on the Merits for E.E. Hood & Sons, Inc. is due August 22, 2019.
08/22/2019Motion for Extension of Time to File Brief filed  Unopposed Third Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of E.E. Hood & Sons, Inc.
08/22/2019Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of E.E. Hood & Sons, Inc.
08/21/2019Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Vernco Construction, Inc.
08/21/2019Call received  Call received from Sarah Murray regarding a technical difficulty she is having with filing the Petitioner's Brief on the Merits.
08/20/2019Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of David Nelson.
08/14/2019Electronic communication sent to Party  Email sent to Sarah Murray confirming Petitioners' Briefs on the Merits due date.
08/14/2019Call received  Call received from counsel for petitioner verifying the due dates of all Petitioners' Briefs on the Merits.
08/13/2019Call received  Call received from counsel for David Nelson regarding obtaining a copy of certain exhibits from the Reporter's Record.
08/12/2019Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Petitioner's Brief on the Merits granted. Petitioner's Brief due August 21, 2019. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.Respondent's Brief due September 10. Reply Brief due September 25.
08/12/2019Motion 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 E.E. Hood & Sons, Inc.
07/10/2019Call received  Call from petitioner verifying we received the record from the court of appeals.
07/08/2019Notice from attorney regarding vacation dates  Vacation Notice filed for William H. Oliver, counsel for David Nelson.
06/27/2019Motion for Extension of Time disposed.Filing granted Joint 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 August 14, 2019; Respondent's brief is due September 3, 2019; and Reply brief is due September 18, 2019.
06/26/2019Case Record Filed   Electronic Appellate Record received from 8th Court of Appeals.
06/26/2019Case Record Filed   Appellate Record received from 8th Court of Appeals.
06/26/2019Motion for Extension of Time to File Brief filed  Joint Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of David Nelson, et al.
06/19/2019Call received  Call received from petitioner notifying our Court that the record was not in the attorney portal.
06/19/2019Record Requested in Case  Record requested from the 8th COA.
06/14/2019Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief is due no later than July 15, 2019; Response brief is due August 5, 2019; and Reply brief is due August 20, 2019.
04/25/2019Notice from attorney regarding vacation dates  Vacation Notice for Eric A. Scott, counsel for petitioner, David Nelson.
04/25/2019Notice from attorney regarding vacation dates  Vacation Notice for William Oliver, counsel for Petitioner, David Nelson.
04/18/2019MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply to Response to Petition for Review is granted. Reply of E.E. Hood & Sons, Inc. was filed on April 16, 2019.
04/18/2019Call received  Call received from the counsel E.E. Hood & Sons, Inc.
04/18/2019Response to Motion filed  Response to Motion for Extension of Time to file Reply to Response to Petition for Review filed on behalf of Vernco Construction, Inc.
04/17/2019Electronic communication sent to Party  Email sent to counsel for respondent, Vernco Construction, Inc., inquiring whether a response will be filed to the motion for extension of time to file reply.
04/17/2019Motion to Extend Time to File Reply filed  Motion for Extension of Time to file Reply to Response to Petition for Review filed on behalf of E.E. Hood & Sons, Inc.
04/17/2019Phone call from Clerk's Office  Call made to Petitioner E.E. Hood's counsel regarding the need for an MET to file their reply to Vernco Construction.
04/16/2019Reply to Response to Petition filed   E.E. Hood's Reply to Vernco Construction Inc.'s Response to E.E. Hood's Petition for Review filed.
04/07/2020Case Stored 
04/01/2019Reply to Response to Petition filed   Reply to E.E. Hood & Sons, Inc.'s Response to Respondent's Cross-Petition for Review filed on behalf of Vernco Construction, Inc.
03/28/2019Reply to Response  Reply to David Nelson's Response to Petition for Review filed on behalf of Vernco Construction, Inc.
03/25/2019Reply to Response  Reply to Vernco Construction, Inc.'s Response to Petition for Review filed on behalf of David Nelson.
03/20/2020Letter Filed  Letter Requesting Return of the Appellate Record filed on behalf of Vernco Construction, Inc.
03/20/2020Notice sent to Court of Appeals 
03/20/2020Notice sent to Court of Appeals 
03/20/2020Notice sent to Court of Appeals 
03/20/2020Call received  Respondent's counsel called to ask about expediting the issuance of the mandate. The Clerk advised that she should call the court of appeals about expediting the issuance of the mandate and file a letter with the supreme court asking that the paper record be returned as expeditiously as possible.
03/20/2020Motion for Rehearing - DisposedDenied
03/20/2020Motion for Rehearing - DisposedDenied
03/20/2020Motion for Rehearing - DisposedDenied
03/18/2019Motion for Extension of Time to File Response disposedFiling granted Second Motion for Extension of Time to file Response to Petition for Review granted.  Further requests for extensions of time for this type of filing will not be considered.  Response is due no later than March 15, 2019.
03/15/2019Response to Petition  Response to Vernco Construction's Cross-Petition for Review filed on behalf of E.E. Hood & Sons, Inc.
03/15/2019Motion for Extension of Time to File Response  Second Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of E.E. Hood & Sons, Inc.
03/14/2019Motion 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 no later than March 14, 2019.
03/14/2019Motion for Extension of Time to File Response  Motion for Extension of Time to file Response to Petition for Review filed on behalf of E.E. Hood & Sons, Inc.
03/13/2019Response to Petition  Response to Vernco Construction, Inc.'s Petition for Review filed on behalf of David Nelson.
03/13/2019Response to Petition  Response to David Nelson's Petition for Review filed on behalf of Vernco Construction, Inc.
03/13/2019Response to Petition  Response to E.E. Hood & Sons, Inc. Petition for Review filed on behalf of Vernco Construction, Inc.
03/07/2019Notice from attorney regarding vacation dates  Vacation Notice of William Oliver filed on behalf of David Nelson.
02/28/2019Motion for Extension of Time to File Response disposedFiling granted Joint Motion to Set Brief Schedule has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Responses to all Petitions for Review are due no later than March 13, 2019.
02/28/2019Motion for Extension of Time to File Response  Unopposed Joint Motion to Set Briefing Schedule filed on behalf of all parties.
02/18/2020Response Waiver filed  Response Waiver filed on behalf of Vernco Construction, Inc.
02/18/2020Case forwarded to Court 
02/14/2020Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Motion for Rehearing granted. Motion for Rehearing considered filed February 14, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
02/14/2020Motion for Extension of Time to File Motion for Rehearing  Motion for Extension of Time to file Motion for Rehearing filed on behalf of Vernco Construction, Inc.
02/14/2020Motion for Rehearing filed by pet #3  Motion for Rehearing filed on behalf of Vernco Construction, Inc.
02/11/2020Case forwarded to Court 
02/11/2020Case forwarded to Court 
02/05/2019Case forwarded to Court 
02/04/2019Motion for Extension of Time to File Response disposedFiling granted Unopposed Motion for Extension of Time to file Responses to David Nelson and E.E. Hood & Sons, Inc. Petitions for Review is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Requested responses are due March 13, 2019.
02/03/2020Motion for Rehearing for pet #2   Motion for Rehearing filed on behalf of E.E. Hood & Sons, Inc.
02/03/2020Electronic communication sent to Party  Email sent to counsel for parties regarding corrupted document generated through the efile system.
02/03/2020Motion for Rehearing  Motion for Rehearing filed on behalf of David Nelson.
02/01/2019Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Responses to Petitions for Review filed on behalf of Vernco Construction, Inc.
01/30/2019Petition for Review #3  Petition for Review filed on behalf of Vernco Construction, Inc.
01/24/2019Call received  Ms. Malinas called the Clerk to discuss the briefing schedule. She pointed out that a third petition for review in this case has not been filed yet, but a deadline has been set for a requested response. The Clerk suggested filing a motion setting a joint briefing schedule or requesting additional time to file the response.
01/17/2020Petition for Review disposedDenied
01/17/2020Petition for Review disposedDenied
01/17/2020Petition for Review disposedDenied
01/11/2019Supreme Court of Texas Requested Response  Requested response to petition for review due no later than February 11, 2019.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
04/07/2020Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
David Nelson, Individually and d/b/a Collective Contracting, A Sole ProprietorshipPetitionerMr. William H. Oliver
Mr. Eric A. Scott
Vernco Construction, Inc.RespondentMr. David Montgomery Evans
Mr. Robinson C. Ramsey
Ms. Sara Murray
Mr. Peter L. Kilpatrick
E. E. Hood & Sons, Inc.PetitionerMr. Jerry T. Steed  
Ms. Ruth G. Malinas
Court of Appeals Information:
Aff As Mod 
566 SW3d 716, 05-31-18 
8th Court of Appeals 
Honorable Yvonne Rodriguez 
Trial Court Information
45th District Court 
Bexar 
Honorable Barbara H. Nellermoe 
2006-CI-18807