Supreme Court

Case: 19-0190    
19-0190
02/28/2019
Second Petition for Review/Cause under Rule 53.1
CATHOLIC DIOCESE OF EL PASO (SAN LORENZO CHURCH) 
RITA PORTER, INDIVIDUALLY & AS MOTHER & NEXT FRIEND OF DAWONE PORTER, A MINOR CHILD; AMANDA GUTIERREZ, INDIVIDUALLY; ARMANDO AND YVONNE GUTIERREZ, INDIVIDUALLY AND AS PARENTS AND NEXT FRIENDS OF ARMANDO, A MINOR CHILD; PATTY GORDON; AND DYLON GORDON 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
03/23/2021Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Churches and Religious Organizations submitted by Steven T. Collis of the University of Texas School of Law, Law and Religion Clinic in Austin, Texas.
09/14/2020Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Rita Porter, et al.
09/14/2020Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Catholic Diocese of El Paso.
07/17/2020Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Heritage Operating, LP.
07/17/2020Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Heritage Operating, LP.
07/17/2020Brief on the MeritsPetitioner Cross-Respondent's Brief on the Merits filed on behalf of Catholic Diocese of El Paso.
07/17/2020Brief on the MeritsEvent related to subsequent petition filed in case. Respondent's Brief on the Merits filed on behalf of Rita Porter, et al.
04/27/2020Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Rita Porter, et al.
04/20/2020Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Catholic Diocese of El Paso.
12/17/2019Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Rita Porter, et al.
12/02/2019Reply to ResponsePetitioner Reply to Petition for Review filed on behalf of Catholic Diocese of El Paso.
11/13/2019Response to PetitionRespondent Response to Catholic Diocese of El Paso Petition for Review filed on behalf of Rita Porter, et al.
11/13/2019Response to PetitionRespondent Response to Petition for Review filed on behalf of Heritage Operating, LP.
11/13/2019Response to PetitionRespondent Response to Cross-Petition for Review filed on behalf of Catholic Diocese of El Paso.
08/02/2019Petition for Review #2Petitioner Cross-Petition for Review filed on behalf of Rita Porter, et al.
05/03/2019Petition for ReviewPetitioner Petition for Review filed on behalf of the Catholic Diocese of El Paso.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
06/10/2021Mandate issued  Mandate & Cost Bill Issued
05/07/2021Court approved judgment sent to attorneys of recordIssued
05/07/2021Opinion issuedIssued
05/07/2021Opinion 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. Chief Justice Hecht delivered the opinion of the Court.  (Justice Lehrmann not participating)
(5/7/2021 3:13:52 PM) 190190.pdf, 19-0190.jmt.pdf
03/23/2021Amicus Curiae Brief received  Amicus Curiae Brief of Churches and Religious Organizations submitted by Steven T. Collis of the University of Texas School of Law, Law and Religion Clinic in Austin, Texas.
02/04/2021Letter Filed  Post Submission Letter filed on behalf of the Catholic Diocese of El Paso.
02/02/2021Oral argument   Argued on behalf of Petitioner/Cross-Respondent by Kurt Kuhn; Argued on behalf of Respondents/Cross-Petitioners, Rita Porter, Individually and as Mother and Next Friend of Dawone Porter, a Minor Child, et al., by Craig T. Enoch; Argued on behalf of Respondent/Cross-Petitioner, Heritage Operating, L.P., by Wanda McKee Fowler
02/02/2021Oral argument   Argued on behalf of Petitioner/Cross-Respondent by Kurt Kuhn; Argued on behalf of Respondents/Cross-Petitioners, Rita Porter, Individually and as Mother and Next Friend of Dawone Porter, a Minor Child, et al., by Craig T. Enoch; Argued on behalf of Respondent/Cross-Petitioner, Heritage Operating, L.P., by Wanda McKee Fowler
01/25/2021Submission Schedule 
01/19/2021Letter 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, February 2, 2021. 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."
(1/19/2021 5:24:28 PM) Zoom Oral Arguments Guide for Lawyers.pdf
01/07/2021Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Rita Porter, et al. Argument will be presented by Craig T. Enoch of Enoch Kever, PLLC in Austin, Texas.
01/05/2021Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Respondent, Heritage Operating, L.P. Oral Argument will be presented by Wanda McKee Fowler of Wright Close & Barger, LLP of Houston, Texas.
01/05/2021Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Petitioners, Catholic Diocese of El Paso. Oral Argument will be presented by Kurt Kuhn of Kuhn Hobbs PLLC of Austin, Texas.
11/17/2020Call received  From Mr. Kurt Kuhn inquirng about argument times.
10/16/2020Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., February 2, 2021.  Time allotted to argue: 20/20 minutes (Justice Lehrmann not participating)
10/16/2020Petition for Review disposedFiling granted
10/16/2020Petition for Review granted 
10/16/2020Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., February 2, 2021.  Time allotted to argue: 20/20 minutes (Justice Lehrmann not participating)
10/16/2020Petition for Review disposedFiling granted
10/16/2020Petition for Review granted 
09/14/2020Reply Brief  Reply Brief on the Merits filed on behalf of Rita Porter, et al.
09/14/2020Reply Brief  Reply Brief on the Merits filed on behalf of Catholic Diocese of El Paso.
09/02/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Briefs on the Merits granted. Reply Briefs due September 14, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
09/01/2020Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Rita Porter, et al.
08/03/2020Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Reply Brief on the Merits granted. Reply Brief on the Merits due September 2, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
07/31/2020Call received  Call received from counsel regarding status of Motion for Extension of Time.
07/29/2020Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Cross-Petitioner's Reply Brief on the Merits filed on behalf of Rita Porter, et al.
07/21/2020Call received  Call received from counsel regarding documents missing from the record.
07/20/2020Phone call from Clerk's Office  Call made to counsel regarding Record filed.
07/17/2020Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Rita Porter, et al.
07/17/2020Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Heritage Operating, LP.
07/17/2020Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Heritage Operating, LP.
07/17/2020Brief on the Merits  Cross-Respondent's Brief on the Merits filed on behalf of Catholic Diocese of El Paso.
07/14/2020Phone call from Clerk's Office  Call made to the Clerk's Office for the Eighth Court of Appeals requesting the record.
07/10/2020Phone call from Clerk's Office  Call made to counsel regarding the record.
06/09/2020Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Respondent's Brief on the Merits granted. Response Briefs are due July 17, 2020. Reply Briefs are due August 3, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
06/09/2020Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Heritage Operating, LP.
05/07/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondents' Brief on the Merits is granted. Respondents' Briefs on the Merits are due June 17, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Briefs are due July 2, 2020.
05/07/2020Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Respondents' Brief on the Merits filed on behalf of Rita Porter, et al.
05/01/2020Motion for Extension of Time disposed.Filing granted Motion for Extension for Extension of Time to file Response Brief granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
Response Briefs are due June 17, 2020. Reply Briefs are due July 2, 2020.
05/01/2020Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Heritage Operating, LP.
04/28/2020Call received  Call received from counsel for Heritage Operating, LP regarding briefing calendars.
04/27/2020Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Rita Porter, et al.
04/21/2020Motion for Extension of Time disposed.Filing granted Third 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 April 27, 2020; Respondent's brief is due May 18, 2020; and Reply brief due June 2, 2020.
04/20/2020Motion for Extension of Time to File Brief filed  Third Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Rita Porter, et al.
04/20/2020Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Catholic Diocese of El Paso.
03/13/2020Call received  Call received from Petitioner regarding incorrect dates on notices.
03/13/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits granted. Petitioners' Briefs due April 20, 2020. Response Briefs due May 11, 2020. Reply Briefs due May 26, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
03/12/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Cross Petitioner/Respondent's Brief on the Merits granted. Cross Petitioner/Respondent's Brief due April 20, 2020. Response Brief due May 11, 2020. Reply Brief due May 26, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
03/11/2020Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Respondent/Cross-Petitioner's Brief on the Merits filed on behalf of Rita Porter, et al.
03/03/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits granted. Petitioners' Briefs due April 20, 2020. Response Briefs due May 11, 2020. Reply Briefs due May 26, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
03/03/2020Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Catholic Diocese of El Paso.
02/18/2020Motion 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 March 19, 2020; Respondent's brief is due April 8, 2020; and Reply brief is due April 23, 2020.
02/17/2020Motion 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 Catholic Diocese of El Paso.
02/14/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioners' Briefs on the Merits granted. Petitioners' Briefs due March 19, 2020. Response Briefs due April 8, 2020. Reply Brief due April 23, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
02/14/2020Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Rita Porter, et al.
01/17/2020Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due February 18, 2020; Response brief due March 9, 2020; Reply brief due March 24, 2020.
12/17/2019Reply to Response  Reply in Support of Petition for Review filed on behalf of Rita Porter, et al.
12/02/2019Reply to Response  Reply to Petition for Review filed on behalf of Catholic Diocese of El Paso.
11/25/2019MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply in Support of Petition for Review granted. Further requests for extensions of time will be disfavored. Reply is due no later than December 17, 2019.
11/22/2019Motion to Extend Time to File Reply filed  Motion for Extension of Time to file Reply in Support of Petition for Review filed on behalf of Rita Porter.
11/13/2019Response to Petition  Response to Catholic Diocese of El Paso Petition for Review filed on behalf of Rita Porter, et al.
11/13/2019Response to Petition  Response to Petition for Review filed on behalf of Heritage Operating, LP.
11/13/2019Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Cross-Petition for Review is granted. Response was filed November 13, 2019. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
11/13/2019Motion 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 Catholic Diocese of El Paso.
11/13/2019Response to Petition  Response to Cross-Petition for Review filed on behalf of Catholic Diocese of El Paso.
10/30/2019Phone call from Clerk's Office  Call made to counsel for Respondent regarding returned Notice of Change of Address.
10/25/2019Phone call from Clerk's Office  Call made to counsel for Respondent regarding returned Notice of Change of Address.
10/14/2019Notice from Counsel of a change in address  Notice of Change of Address filed on behalf of Heritage Operations, LP.
10/10/2019Motion 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 November 13, 2019.
10/10/2019Motion for Extension of Time to File Response  Motion for Extension of Time to file Response to Petition for Review filed on behalf of Rita Porter, et al.
10/08/2019Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response is due on November 13, 2019.
10/08/2019Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Heritage Operating, LP.
09/16/2019Call received  Call received from counsel for petitioner.
09/13/2019Supreme Court of Texas Requested Response  Response Requested to Petition for Review due no later than October 14, 2019.
09/13/2019Supreme Court of Texas Requested Response  Response Requested to Petition for Review due no later than October 14, 2019.
08/13/2019Case forwarded to Court 
08/13/2019Case forwarded to Court 
08/09/2019Response Waiver filed  Response Waiver to Cross-Petition for Review filed on behalf of Catholic Diocese of El Paso.
08/06/2019Response Waiver filed  Response Waiver filed on behalf of Heritage Operating, LP a/ka/ Denman Propane.
08/02/2019Petition for Review #2  Cross-Petition for Review filed on behalf of Rita Porter, et al.
06/27/2019Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Unopposed Motion for Extension of Time to file Cross-Petition for Review is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Cross-Petition is due August 2, 2019.
06/27/2019Second Motion for Extension of Time to File Petition for Review filed  Second Unopposed Motion for Extension of Time to file Cross-Petition for Review filed on behalf of Rita Porter, et al.
05/30/2019Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Cross-Petition for Review granted. Cross-Petition due July 3, 2019.
05/29/2019Motion for Extension of Time to File Petition for Review #2 filed  Motion for Extension of Time to file Cross-Petition for Review filed on behalf of Rita Porter, et al.
05/03/2019Petition for Review  Petition for Review filed on behalf of the Catholic Diocese of El Paso.
03/29/2019Second Motion 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 May 3, 2019. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
03/29/2019Second Motion for Extension of Time to File Petition for Review filed  Unopposed Second Motion for Extension of Time to File Petition for Review Filed on behalf of Catholic Diocese of El Paso.
02/28/2019Motion 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 April 3, 2019.
02/28/2019Motion 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 Catholic Diocese of El Paso (San Lorenzo Church).
02/28/2019Clerk's Record 
02/28/2019Court reporter/recorder's record 
02/28/2019Court reporter/recorder's record 
02/28/2019Supplement to Clerk's/Reporter's Record 
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
06/10/2021Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Tamayo, JamesAmicus CuriaeMr. Steven Collis
Armando & Yvonne Gutierrez, Individually and as Parents & Next Friend of Armando & Amanda Gutierrez RespondentMr. Craig T. Enoch
Ms. Maxey Scherr
Ms. Sara B. Churchin
Mr. James Scherr
Ms. Amy L. Prueger
Ms. Catherine Chantel Crews
Ms. Shelby L. O'Brien  
Mr. J. Roberto Oaxaca
Patty Gordon, Individually & as Next Friend of Dylon Gordon, a MinorRespondentMs. Catherine Chantel Crews
Mr. J. Roberto Oaxaca
Ms. Sara B. Churchin
Mr. James Scherr
Ms. Maxey Scherr
Ms. Shelby L. O'Brien  
Ms. Amy L. Prueger
Mr. Craig T. Enoch
Garcia-Siller, GustavoAmicus CuriaeMr. Steven Collis
Coerver, Robert M.Amicus CuriaeMr. Steven Collis
Olson, Michael F.Amicus CuriaeMr. Steven Collis
Strickland, JosephAmicus CuriaeMr. Steven Collis
Rita Porter, Individually & as Mother & Next Friend of Dawone Porter, a MinorRespondentMs. Catherine Chantel Crews
Mr. James Scherr
Mr. J. Roberto Oaxaca
Ms. Sara B. Churchin
Ms. Amy L. Prueger
Ms. Shelby L. O'Brien  
Mr. Craig T. Enoch
Ms. Maxey Scherr
Burns, EdwardAmicus CuriaeMr. Steven Collis
Catholic Diocese of El Paso (San Lorenzo Church)PetitionerMr. David M. Driscoll
Ms. Lisa Hobbs
Mr. Kurt Kuhn  
Mr. Francis S. Ainsa Jr.
Ms. Karlene D. Poll
Flores, Daniel E.Amicus CuriaeMr. Steven Collis
Lopes, StevenAmicus CuriaeMr. Steven Collis
Sis, MichaelAmicus CuriaeMr. Steven Collis
Amanda Gutierrez, IndividuallyRespondentMr. J. Roberto Oaxaca
Ms. Sara B. Churchin
Ms. Shelby L. O'Brien  
Ms. Amy L. Prueger
Ms. Maxey Scherr
Mr. Craig T. Enoch
Mr. James Scherr
Ms. Catherine Chantel Crews
Zurek, Patrick J.Amicus CuriaeMr. Steven Collis
Toups, David L.Amicus CuriaeMr. Steven Collis
Heritage Operating, LP, a/k/a Denman PropaneRespondentMr. Andrew C. Nelson
Mr. R. Russell Hollenbeck
Ms. Wanda McKee Fowler
H. Brook Laskey
Vasquez, Joe S.Amicus CuriaeMr. Steven Collis
Doyle, Charles AndrewAmicus CuriaeMr. Steven Collis
NiNardo, Daniel CardinalAmicus CuriaeMr. Steven Collis
Welch, DavidAmicus CuriaeMr. Steven Collis
Branson, StevenAmicus CuriaeMr. Steven Collis
Cahill, BrendanAmicus CuriaeMr. Steven Collis
Mulvey, William MichaelAmicus CuriaeMr. Steven Collis
Seitz, MarkAmicus CuriaeMr. Steven Collis
Court of Appeals Information:
Aff/Pt and Rev & Rem/Pt 
569 SW3d 686, 10-31-18 
8th Court of Appeals 
Honorable Yvonne Rodriguez 
Trial Court Information
243rd District Court 
El Paso 
Honorable Luis Aguilar 
2009-4360