Supreme Court

Case: 19-0365    
19-0365
05/01/2019
Petition for Review/Cause under Rule 53.1
ANDY BRUMLEY AND SHERI BRUMLEY 
RICHARD HOWARD MCDUFF AND SARA SULLIVAN MCDUFF, INDIVIDUALLY AND AS CO-TRUSTEES OF THE MCDUFF TRUST, THE ERIN ELIZABETH MCDUFF TRUST, AND THE MACKIE ANN MCDUFF TRUST; ERIN ELIZABETH MCDUFF, INDIVIDUALLY AND AS CO-TRUSTEE OF THE ERIN ELIZABETH MCDUFF TRUST; AND MACKIE ANN MCDUFF, INDIVIDUALLY AND AS CO-TRUSTEE OF THE MACKIE ANN MCDUFF TRUST 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
01/22/2020Reply BriefPetitioner Petitioner's Reply Brief filed on behalf of Sheri and Andy Brumley.
01/07/2020Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Richard Howard McDuff, et al.
12/18/2019Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Sheri and Andy Brumley
10/03/2019Reply to Response to Petition filed Petitioner Reply in Support of Petition for Review filed on behalf of Sheri and Andy Brumley.
09/18/2019Response to PetitionRespondent Response to Petition for Review filed on behalf of Richard Howard McDuff, et al.
06/12/2019Petition for ReviewPetitioner Petition for Review filed on behalf of Sheri and Andy Brumley.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/18/2019Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Sheri and Andy Brumley
11/12/2019Motion for Extension of Time disposed.Filing granted Joint Motion to for Extension of Time to file Briefs on the Merits granted in part. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petitioners's Brief on the Merits is due December 18, 2019. Response Brief on the Merits is due January 7, 2019. Reply Brief is due January 22, 2019.
11/12/2019Motion for Extension of Time to File Brief filed  Joint Motion for Extension of Time to file Briefs on the Merits filed on behalf of Sheri and Andy Brumley and Richard Howard McDuff, et al.
10/27/2020Oral argument   Argued on behalf of petitioners by Chris Lehman; Argued on behalf of respondents by Scott A. Cummings
10/18/2019Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than November 18, 2019; Response brief due December 9, 2019; Reply brief due December 27, 2019.
10/16/2020Submission Schedule 
10/07/2020Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Petitioners, Sheri and Andy Brumley. Oral Argument will be presented by Chris Lehman of Malone Law Firm of Vernon, Texas.
10/06/2020Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Respondents, Richard Howard McDuff, et al. Oral Argument will be presented by Scott A. Cummings of Adams, Lynch & Loftin, P.C. of Grapevine, Texas.
10/03/2019Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of Sheri and Andy Brumley.
09/18/2020Letter sent to parties from Supreme Court - See Remarks  Letter to parties stating, "The Supreme Court of Texas set the above-referenced cause for oral submission for Tuesday, October 27, 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."
(9/18/2020 5:01:59 PM) Zoom Oral Arguments Guide for Lawyers.pdf
09/18/2019Response to Petition  Response to Petition for Review filed on behalf of Richard Howard McDuff, et al.
08/07/2019Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Requested Response granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response is due September 18, 2019.
08/07/2019Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Requested Response filed on behalf of Richard Howard McDuff, et al.
07/19/2019Supreme Court of Texas Requested Response  Requested response to petition for review due no later than August 19, 2019.
06/26/2020Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., October 27, 2020.  Time allotted to argue: 20/20 minutes
06/18/2019Case forwarded to Court 
06/17/2019Response Waiver filed  Response Waiver filed on behalf of Richard Howard McDuff, et al.
06/12/2019Petition for Review  Petition for Review filed on behalf of Sheri and Andy Brumley.
06/11/2019Second 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 FOR THIS FILING WILL BE DISFAVORED. Petition for Review is due June 12, 2019.
06/11/2019Response to Motion for Extension of Time to File Petition for Review  Response to Second Motion for Extension of Time to file Petition for Review filed on behalf of Richard Howard McDuff, et al.
06/07/2019Call received  Call received from counsel for respondents stating they intend to file a response to motion for extension of time to file petition for review.
06/07/2019Electronic communication sent to Party  Email sent to counsel for Respondents to determine if a response to motion for extension of time will be filed.
06/07/2019Second 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 Sheri and Andy Brumley.
05/01/2019Motion 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 June 5, 2019.
05/01/2019Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review filed on behalf of Sheri and Andy Brumley.
05/01/2019Clerk's Record 
05/01/2019Court reporter/recorder's record 
05/01/2019Supplement to Clerk's/Reporter's Record 
05/01/2019Court reporter/recorder's record 
03/13/2020Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
03/13/2020Petition for Review granted 
03/11/2021Mandate issued  Mandate & Cost Bill Issued
02/05/2021Court approved judgment sent to attorneys of recordIssued
02/05/2021Opinion issuedCourt of Appeals' judgment reversed and remanded to Court of Appeals The Court reverses the court of appeals' judgment and remands the case to that court.  Justice Bland delivered the opinion of the Court.
01/22/2020Reply Brief  Petitioner's Reply Brief filed on behalf of Sheri and Andy Brumley.
01/07/2020Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Richard Howard McDuff, et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
03/11/2021Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
McDuff, Richard HowardRespondentMr. John H. Barr II
Mr. Jerry D. Bullard
Mr. Charles H. Jeffrey
Mr. Scott A. Cummings
Brumley, SheriPetitionerMr. Christopher Brent Lehman
Mr. Don Ross Malone
McDuff, Mackie AnnRespondentMr. Charles H. Jeffrey
Mr. Jerry D. Bullard
Mr. Scott A. Cummings
Mr. John H. Barr II
Brumley, AndyPetitionerMr. Christopher Brent Lehman
Mr. Don Ross Malone
McDuff, Sara SullivanRespondentMr. Charles H. Jeffrey
Mr. Jerry D. Bullard
Mr. John H. Barr II
Mr. Scott A. Cummings
McDuff, Erin ElizabethRespondentMr. Scott A. Cummings
Mr. John H. Barr II
Mr. Charles H. Jeffrey
Mr. Jerry D. Bullard
Court of Appeals Information:
Reverse & Render 
603 SW3d 449, 02-22-19 
7th Court of Appeals 
Honorable Patrick A. Pirtle 
Trial Court Information
46th District Court 
Wilbarger 
Honorable Stuart Messer 
27,103