Supreme Court

Case: 19-0334    
19-0334
04/19/2019
Second Petition for Review/Cause under Rule 53.1
BROADWAY NATIONAL BANK, TRUSTEE OF THE MARY FRANCES EVERS TRUST, ET AL. 
YATES ENERGY CORPORATION, EOG RESOURCES, INC., JALAPENO CORPORATION, ACG3 MINERAL INTERESTS, LTD., GLASSELL NON-OPERATED INTERESTS, LTD., AND CURRY GLASSELL 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
09/16/2021Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief submitted by William D. Farrar of William D. Farrar & Associates of Tyler, Texas.
09/02/2021Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Celia C. Flowers of Flowers Davis PLLC of Longview, Texas.
08/18/2021Response to Motion for RehearingEvent related to subsequent petition filed in case. Response to Motion for Rehearing and combined Appendix filed on behalf of Michael E. Dyal, et al.
08/16/2021Response to Motion for RehearingPetitioner Response to Motion for Rehearing filed on behalf of Broadway National Bank, et al.
08/04/2021Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter received on behalf of Allen D. Cummings of San Antonio, TX.
08/03/2021Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter filed on behalf of Michael D. Jones.
07/30/2021Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Yates Energy Corporation, et al.
12/01/2020Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Texas Oil & Gas Association submitted by Ryan Clinton of Davis Gerald & Cremer, P.C.
12/01/2020Exhibits in case/cause filedPetitioner Oral Argument Exhibits filed on behalf of Broadway National Bank.
11/30/2020Exhibits in case/cause filedEvent related to subsequent petition filed in case. Oral Argument Exhibits filed on behalf of Michael E. Dyal and Westco Family Limited Partnership, a/k/a the Remaindermen Petitioners.
07/23/2020Letter brief Respondent Letter Brief Response to Amicus Curiae Brief filed on behalf of EOG Resources, Inc.
06/10/2020Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Broadway National Bank, et al.
06/09/2020Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter received on behalf of Texas Land Titile Association.
06/08/2020Reply BriefPetitioner Reply Brief on the Merits filed on behalf of the Remaindermen Petitioners.
05/26/2020Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of EOG Resources, Inc.
05/26/2020Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of ACG3 Mineral Interests, LTD., et al.
05/26/2020Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Yates Energy Corp., et al.
03/19/2020Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Michael E. Dyal and Westco Family Limited Partnership, a/k/a the Remaindermen Petitioners.
03/18/2020Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Broadway National Bank, et al.
12/05/2019Reply to Response to Petition filed Event related to subsequent petition filed in case. Reply in Support of Petition for Review filed on behalf of Michael E. Dyal and Westco Family Limited Partnership, a/k/a the Remaindermen Petitioners.
12/05/2019Reply to ResponsePetitioner Reply to Petition for Review filed on behalf of Broadway National Bank, et al.
10/30/2019Response to PetitionRespondent Response to both Petitions for Review filed on behalf of Yates Energy Corporation, Jalapeno Corporation, and Curry Glassell.
10/30/2019Response to PetitionRespondent Response to Petition for Review filed on behalf of Glassell Non-Operated Interests, Ltd. and ACG3 Mineral Interests, Ltd.
10/30/2019Response to PetitionRespondent Response to Petition for Review filed on behalf of EOG Resources, Inc.
06/27/2019Petition for Review #2Petitioner Petition for Review filed on behalf of Michael E. Dyal and Westco Family Limited Partnership, a/k/a the Remaindermen Petitioners.
06/27/2019Petition for ReviewPetitioner Petition for Review filed on behalf of Broadway National Bank.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/08/2020Electronic communication received from Party  Email communication with counsel for respondents Yates Energy Corp., et al. regarding filing received November 30, 2020.
12/05/2019Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of Michael E. Dyal and Westco Family Limited Partnership, a/k/a the Remaindermen Petitioners.
12/05/2019Reply to Response  Reply to Petition for Review filed on behalf of Broadway National Bank, et al.
12/02/2020Oral argument   Argued on behalf of Petitioner, Broadway National Bank, by Joseph R. Knight; Argued on behalf of Petitioner, Michael E. Dyal and Westco Family Limited Partnership, by Deborah S. McClure; Argued on behalf of Respondents by Corey F. Wehmeyer
12/02/2020Oral argument   Argued on behalf of Petitioner, Broadway National Bank, by Joseph R. Knight; Argued on behalf of Petitioner, Michael E. Dyal and Westco Family Limited Partnership, by Deborah S. McClure; Argued on behalf of Respondents by Corey F. Wehmeyer
12/01/2020Amicus Curiae Brief received  Amicus Curiae Brief of Texas Oil & Gas Association submitted by Ryan Clinton of Davis Gerald & Cremer, P.C.
12/01/2020Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Broadway National Bank.
11/30/2020Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Michael E. Dyal and Westco Family Limited Partnership, a/k/a the Remaindermen Petitioners.
11/30/2020Letter Filed  Letter regarding Texas Land Title Association's Amicus Letter in another case filed on behalf of Yates Energy Corp., et al.
11/16/2020Letter 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 Wednesday, December 2, 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."
(11/16/2020 1:32:53 PM) Zoom Oral Arguments Guide for Lawyers.pdf
11/16/2020Submission Schedule 
11/08/2019MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply in Support of Petition for Review is granted. Reply is due December 5, 2019. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
11/08/2019Motion to Extend Time to File Reply filed  Unopposed Motion for Extension of Time to file Reply in Support of Petition for Review filed on behalf of Broadway National Bank.
11/06/2020Phone call from Clerk's Office  Call made to counsel for Petitioner regarding Oral Argument Submission Form.
11/06/2020Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted by Petitioner, Broadway National Bank. Oral Argument will be presented by Joseph R. Knight of Ewell Brown Blanke & Knight LLP of Austin, Texas.
11/06/2020Call received  Call received from Petitioner's counsel regarding Oral Argument Submission Form.
11/06/2020Electronic communication sent to Party  Email sent to counsel for Petitioners regarding Oral Argument Submission Form.
11/05/2020Phone call from Clerk's Office  Call made to counsel for Petitioners regarding Oral Argument Submission Form.
11/04/2020Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of all respondents. Argument will be presented by Corey Wehmeyer of Santoyo Wehmeyer P.C. in San Antonio, Texas.
11/04/2020Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Remaindermen Petitioners, Michael E. Dyal and Westco Family Ltd. Oral Argument will be presented by Deborah S. McClure of Deborah S. McClure, P.C. of Amarillo, Texas.
10/30/2019Response to Petition  Response to both Petitions for Review filed on behalf of Yates Energy Corporation, Jalapeno Corporation, and Curry Glassell.
10/30/2019Response to Petition  Response to Petition for Review filed on behalf of Glassell Non-Operated Interests, Ltd. and ACG3 Mineral Interests, Ltd.
10/30/2019Response to Petition  Response to Petition for Review filed on behalf of EOG Resources, Inc.
10/28/2020Letter Filed  Letter regarding Correction to Index of Authorities in Petitioner's Brief on the Merits filed on behalf of the Remaindermen Petitioners.
10/20/2021Mandate issued  Mandate & Cost Bill Issued
09/24/2021Motion for Rehearing - DisposedDenied
09/23/2021Reply to Response to Motion  Reply in Support of Motion for Rehearing filed on behalf of Yates Energy Corporation, et al.
09/21/2021Letter Filed  Response to Amicus Letter filed on behalf of Michael E. Dyal, et al.
09/17/2019Pro hac vice motion disposedFiling granted Motion of Resident Attorney in Support of Admission Pro Hac Vice of David Weiner granted.
09/17/2019Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice of David Weiner granted.
09/17/2019Motion to withdraw disposed ofFiling granted Thad T. Dameris’ motion to withdraw and and substitute David J. Weiner as lead counsel granted.
09/17/2019Motion for Extension of Time to File Response disposedFiling granted in part Motion for Extension of Time to file Response(s) to Petitions for Review granted in part. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response(s) is/are due October 30, 2019.
09/16/2021Amicus Curiae Brief received  Amicus Curiae Brief submitted by William D. Farrar of William D. Farrar & Associates of Tyler, Texas.
09/16/2019Motion to Withdraw Filed  Unopposed Motion to allow Thad T. Dameris to Withdraw and Substitute David J. Weiner as counsel for Respondent, Glassell Non-Operated Interests, Ltd and ACG3 Mineral Interest, Ltd.
09/16/2019Pro hac vice motion filed  Motion of Resident Attorney Hannah Sibiski in support of David Weiner's Admission Pro Hac Vice filed on behalf of Respondents, Glassell Non-Operated Interests, Ltd. and ACG3 Mineral Interests, Ltd.
09/16/2019Pro hac vice motion filed  Motion for Admission Pro Hac Vice filed on behalf of David J. Weiner, counsel for Glassell Non-Operated Interests, Ltd.
09/16/2019Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of EOG Resources, Inc., et al.
09/07/2021Letter Filed  Letter filed on behalf of Michael E. Dyal, et al.
09/02/2021Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Celia C. Flowers of Flowers Davis PLLC of Longview, Texas.
08/30/2019Supreme Court of Texas Requested Response  Requested responses to petitions for review due no later than September 30, 2019.
08/28/2020Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., December 2, 2020. Time allotted to argue: 20/20 minutes
08/28/2020Petition for Review disposedFiling granted
08/28/2020Petition for Review granted 
08/28/2020Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., December 2, 2020. Time allotted to argue: 20/20 minutes
08/28/2020Petition for Review disposedFiling granted
08/28/2020Petition for Review granted 
08/18/2021Response to Motion for Rehearing  Response to Motion for Rehearing and combined Appendix filed on behalf of Michael E. Dyal, et al.
08/16/2021Response to Motion for Rehearing  Response to Motion for Rehearing filed on behalf of Broadway National Bank, et al.
08/04/2021Amicus Curiae Letter Received  Amicus Curiae Letter received on behalf of Allen D. Cummings of San Antonio, TX.
08/04/2021Call received  Call received from Counsel for Respondent
08/03/2021Supreme Court of Texas Requested Response  Requested response due no later than August 18, 2021.
08/03/2021Amicus Curiae Letter Received  Amicus Curiae Letter filed on behalf of Michael D. Jones.
07/30/2021Case forwarded to Court 
07/30/2021Motion for Rehearing  Motion for Rehearing filed on behalf of Yates Energy Corporation, et al.
07/30/2019Case forwarded to Court 
07/30/2019Case forwarded to Court 
07/23/2020Letter brief   Letter Brief Response to Amicus Curiae Brief filed on behalf of EOG Resources, Inc.
07/08/2021Letter Filed  Letter regarding Notice of Change of Firm filed on behalf of Yates Energy Corporation, et al.
06/28/2021Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Second Motion for Extension of Time to file Motion for Rehearing is granted. The Motion for Rehearing is due August 2, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
06/28/2021Motion for Extension of Time to File Motion for Rehearing  Second Unopposed Motion for Extension of Time to File Motion for Rehearing filed on behalf of Yates Energy Corporation, et al.
06/27/2019Petition for Review #2  Petition for Review filed on behalf of Michael E. Dyal and Westco Family Limited Partnership, a/k/a the Remaindermen Petitioners.
06/27/2019Petition for Review  Petition for Review filed on behalf of Broadway National Bank.
06/10/2020Reply Brief  Reply Brief on the Merits filed on behalf of Broadway National Bank, et al.
06/09/2020Amicus Curiae Letter Received  Amicus Letter received on behalf of Texas Land Titile Association.
06/08/2020Reply Brief  Reply Brief on the Merits filed on behalf of the Remaindermen Petitioners.
05/29/2019Second 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 27, 2019.
05/28/2019Notice of Appearance  Notice of Appearance and Designation of Joseph R. Knight as Lead Counsel for Petitioner, Broadway National Bank, Trustee of the Mary Frances Evers Trust.
05/26/2021Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Motion for Rehearing granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Motion for Rehearing due July 1, 2021.
05/26/2021Motion for Extension of Time to File Motion for Rehearing  Motion for Extension of Time to file Motion for Rehearing filed on behalf of Yates Energy Corporation, et al.
05/26/2020Brief on the Merits  Response Brief on the Merits filed on behalf of Yates Energy Corp., et al.
05/26/2020Brief on the Merits  Response Brief on the Merits filed on behalf of ACG3 Mineral Interests, LTD., et al.
05/26/2020Brief on the Merits  Response Brief on the Merits filed on behalf of EOG Resources, Inc.
05/24/2019Electronic communication sent to Party  Emailed counsel for respondent to determine if the motion is opposed.
05/23/2019Second 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 Broadway National Bank, et al.
05/14/2021Court approved judgment sent to attorneys of recordIssued
05/14/2021Dissenting opinion issued.Issued Justice Busby delivered a dissenting opinion, in which Justice Guzman, Justice Lehrmann, and Justice Blacklock joined.
05/14/2021Opinion issuedIssued
05/14/2021Opinion issuedCourt of Appeals' judgment reversed; remanded to Court of Appeals The Court reverses the court of appeals' judgment and remands the case to that court. Justice Devine delivered the opinion of the Court, in which Chief Justice Hecht, Justice Boyd, Justice Bland, and Justice Huddle joined.
(5/14/2021 11:36:34 AM) 190334d.pdf, 190334.pdf, 19-0334.jmt.pdf
05/01/2020Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Respondent's Brief on the Merits granted. No further extensions of time will be considered. Respondent's brief is due no later than May 26, 2020; and Reply brief is due June 10, 2020.
04/30/2020Motion 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 Yates Energy Corp., et al.
04/19/2019Motion 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 due May 28, 2019.
04/19/2019Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review filed on behalf of Broadway National Bank, et al.
04/19/2019Clerk's Record 
04/19/2019Supplement to Clerk's/Reporter's Record 
04/19/2019Supplement to Clerk's/Reporter's Record 
04/19/2019Court reporter/recorder's record 
03/26/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response Brief on the Merits granted. Response Briefs due May 12, 2020. Reply Briefs due May 27, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
03/26/2020Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Yates Energy Corporation, Jalapeno Corporation, and Curry Glassell, et al.
03/24/2020Notice of Appearance  Notice of Appearance of Counsel filed on behalf of Yates Energy Corporation, et al.
03/19/2020Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Michael E. Dyal and Westco Family Limited Partnership, a/k/a the Remaindermen Petitioners.
03/18/2020Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Broadway National Bank, et al.
02/07/2020Motion 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.
02/06/2020Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Peittioner's Brief on the Merits filed on behalf of Broadway National Bank, 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.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
10/20/2021Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Jones, Michael D.Amicus CuriaeMr. Michael D. Jones
Glassell, CurryRespondentMr. Murry B. Cohen
Mr. R. Laurence Macon
Mr. Michael J. Byrd
Mr. Andrew Bender
Yates Energy CorporationRespondentMr. Andrew Bender
Mr. R. Laurence Macon
Mr. Murry B. Cohen
Mr. Michael J. Byrd
Farrar, William Dean Amicus CuriaeMr. William Dean Farrar
Texas Land Title AssociationAmicus CuriaeMr. Aaron Daniel Day
EOG Resources, Inc.RespondentMr. Corey F. Wehmeyer
Mr. Matthew McGowan
Mr. Benjamin G. Robertson
Cummings, Allen D.Amicus CuriaeMr. Allen D. Cummings
Glassell Non-Operated Interests, Ltd.RespondentMs. Hannah D. Sibiski
Mr. David J. Weiner
Dyal, Michael E.PetitionerMs. Deborah Smith McClure
Mr. Gregory A. Richards
Jalapeno CorporationRespondentMr. Andrew Bender
Mr. Murry B. Cohen
Mr. Michael J. Byrd
Mr. R. Laurence Macon
Westco Family Limited PartnershipPetitionerMs. Stephanie L. Curette
Mr. David Jed Williams
Mr. Gregory A. Richards
Ms. Deborah Smith McClure
ACG3 Mineral Interests, Ltd.RespondentMs. Hannah D. Sibiski
Mr. David J. Weiner
Flowers, Celia C.Amicus CuriaeMs. Celia Flowers
Texas Oil & Gas AssociationAmicus CuriaeMr. Ryan Clinton  
Ms. Julie L. Griffis
Broadway National Bank, Trustee of the Mary Frances Evers TrustPetitionerMs. Stephanie L. Curette
Ms. Alithea Z. Sullivan
Mr. David Jed Williams
Mr. Joseph R. Knight
Court of Appeals Information:
Rev & Ren/Pt and Rem/Pt 
609 SW3d 140, 12-19-18 
4th Court of Appeals 
Honorable Marialyn Price Barnard 
Trial Court Information
Probate Court No 2 
Bexar 
Honorable Tom Rickhoff 
2015PC2618