Supreme Court

Case: 20-0270    
20-0270
04/06/2020
Petition for Review/Cause under Rule 53.1
NICOLE VAN DORN PRESTON, AS SURVIVING SPOUSE AND PERSONAL REPRESENTATIVE FOR THE ESTATE OF LT. J. WESLEY VAN DORN, USN, DECEASED; AMY SNYDER, AS SURVIVING SPOUSE AND PERSONAL REPRESENTATIVE FOR THE ESTATE OF LT. SEAN CHRISTOPHER SNYDER, USN, DECEASED; CHEYENNE COLLINS, AS SURVIVING SPOUSE AND PERSONAL REPRESENTATIVE FOR THE ESTATE OF PETTY OFFICER 3RD CLASS BRIAN ANDREW COLLINS, USN, DECEASED; AND PETTY OFFICER 2ND CLASS DYLAN MORGAN BOONE, USN 
M1 SUPPORT SERVICES, L.P. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
02/14/2022Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of M1 Support Services, L.P.
09/13/2021Exhibits in case/cause filedPetitioner Exhibits filed on behalf of Nicole Van Dorn Preston, et al.
05/28/2021Petition Reinstated 
05/03/2021Reply to Response to Motion for Rehearing filedPetitioner Reply in support of Motion for Rehearing filed on behalf of Nicole Van Dorn Preston, et al.
04/26/2021Response to Motion for RehearingRespondent Response to Motion for Rehearing filed on behalf of M1 Support Services, L.P.
02/08/2021Motion for RehearingRehearing filed in Petition for Review Motion for Rehearing filed on behalf of Nicole Van Dorn Preston, et al.
12/22/2020Brief on the MeritsPetitioner's Reply Brief Reply Brief on the Merits filed on behalf of Nicole Van Dorn Preston, et al.
12/07/2020Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of M1 Support Services, L.P.
10/28/2020Brief on the MeritsPetitioner Brief on the Merits filed on behalf of Nicole Van Dorn Preston, et al.
07/02/2020Reply to Response to Petition filed Petitioner Reply in Support of Petition for Review filed on behalf of Nicole Van Dorn Preston, et al.
06/17/2020Response to PetitionRespondent Response to Petition for Review filed on behalf of M1 Support Services, L.P.
05/18/2020Petition for ReviewPetitioner Petition for Review filed on behalf of Nicole Van Dorn Preston, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/22/2020Brief on the Merits  Reply Brief on the Merits filed on behalf of Nicole Van Dorn Preston, et al.
12/07/2020Brief on the Merits  Respondent's Brief on the Merits filed on behalf of M1 Support Services, L.P.
11/16/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response Brief on the Merits granted. Response Brief on the Merits due December 7, 2020. Reply Brief on the Merits due December 22, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
11/16/2020Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Brief on the Merits filed on behalf of M1 Support Services, L.P.
10/28/2020Brief on the Merits  Brief on the Merits filed on behalf of Nicole Van Dorn Preston, et al.
10/13/2020Case Record Filed  
10/13/2020Phone call from Clerk's Office  Call made to the 2nd Court of Appeals Clerk's Office regarding sealed record.
10/13/2020Call received  Call received from counsel for petitioners regarding the sealed record.
09/16/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits granted. Petitioner's Brief due October 28, 2020. Response Brief due November 17, 2020. Reply Brief due December 2, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
09/16/2020Motion 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 Nicole Van Dorn Preston, et al.
09/14/2021Oral argument   Argued on behalf of Petitioners by Stephen I. Vladeck; Argued on behalf of Respondent by Sherman Vance Wittie
09/13/2021Submission Schedule  Updated Submission Schedule corrects order of causes being argued.
09/13/2021Exhibits in case/cause filed  Exhibits filed on behalf of Nicole Van Dorn Preston, et al.
09/10/2021Submission Schedule 
09/01/2021Letter sent to parties from Supreme Court - See Remarks  Additional information sent to parties regarding upcoming in-person oral arguments.  
08/28/2020Brief on the Merits Ordered  Brief on the Merits requested:  Petitioner's brief on the merits due no later than September 28, 2020; Response brief due October 19, 2020; Reply brief due November 3, 2020.
08/10/2021Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of M1 Support Services, L.P. Oral Argument will be presented by Sherman Vance Wittie of Faegre Drinker Biddle & Reath, LLP of Dallas, TX.
08/10/2021Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Nicole Van Dorn Preston, et al. Oral Argument will be presented by Stephen I. Vladeck of the University of Texas School of Law of Austin, Texas.
07/26/2021Notice of Appearance  Notice of Appearance filed on behalf of Nicole Van Dorn Preston, et al.
07/02/2021Submission resetCase set for oral argument This cause has been reset for oral argument at 9:00 a.m., September 14, 2021.  Time allotted to argue: 20/20 minutes
07/02/2020Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of Nicole Van Dorn Preston, et al.
06/25/2021Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., September 30, 2021. Time allotted to argue: 20/20 minutes
06/23/2020Case forwarded to Court 
06/17/2020Response to Petition  Response to Petition for Review filed on behalf of M1 Support Services, L.P.
05/28/2021Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
05/28/2021Petition for Review granted 
05/28/2021Petition Reinstated 
05/28/2021Previous Order of the Court withdrawn  Denial of petition for review on January 22, 2021 is withdrawn.
05/28/2021Motion for Rehearing - DisposedFiling granted Motion for Rehearing granted
05/18/2020Petition for Review  Petition for Review filed on behalf of Nicole Van Dorn Preston, et al.
05/03/2021Reply to Response to Motion for Rehearing filed  Reply in support of Motion for Rehearing filed on behalf of Nicole Van Dorn Preston, et al.
04/26/2021Response to Motion for Rehearing  Response to Motion for Rehearing filed on behalf of M1 Support Services, L.P.
04/15/2020Motion 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 20, 2020.
04/09/2021Supreme Court of Texas Requested Response  Requested response to motion for rehearing due no later than April 26, 2021.
04/09/2020Pro hac vice motion disposedFiling granted Motion of Resident Attorney James H. Furman in support of Francis G. Fleming's Admission Pro Hac Vice granted.
04/09/2020Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Francis G. Fleming granted.
04/09/2020Pro hac vice motion disposedFiling granted Motion of Resident Attorney James H. Furman in support of Kevin J. Mahoney's Admission Pro Hac Vice granted.
04/09/2020Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Kevin Mahoney granted.
04/08/2020Supplement to Motion filed  Supplement to Motion for Admission Pro Hac Vice of Kevin J. Mahoney filed on behalf of Nicole Van Dorn Preston.
04/07/2020Pro hac vice motion filed  Motion of Resident Attorney James H. Furman in support of Francis G. Fleming's Admission Pro Hac Vice filed on behalf of Nicole Van Dorn Preston, et al.
04/07/2020Pro hac vice motion filed  Motion for Admission Pro Hac Vice for Francis G. Fleming filed on behalf of  Nicole Van Dorn Preston, et al.
04/07/2020Pro hac vice motion filed  Motion of Resident Attorney James H. Furman in support of Kevin J. Mahoney's Admission Pro Hac Vice filed on behalf of Nicole Van Dorn Preston, et al.
04/07/2020Pro hac vice motion filed  Motion for Admission Pro Hac Vice for Kevin J. Mahoney filed on behalf of Nicole Van Dorn Preston, et al.
04/07/2020Call received  Call received from counsel for petitioner regarding status of filing.
04/06/2020Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review filed on behalf of Nicole Van Dorn Preston, et al.
04/06/2020Clerk's Record 
04/06/2020Clerk's Record 
04/06/2020Court reporter/recorder's record 
04/04/2022Mandate issued  Mandate & Cost Bill Issued
04/01/2022Motion for Rehearing - DisposedDenied with Justice not sitting. (Justice Young not participating)
02/15/2022Case forwarded to Court 
02/14/2022Motion for Rehearing  Motion for Rehearing filed on behalf of M1 Support Services, L.P.
02/09/2021Case forwarded to Court 
02/08/2021Motion for Rehearing  Motion for Rehearing filed on behalf of Nicole Van Dorn Preston, et al.
02/04/2022Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Unopposed Motion for Extension of Time to file Motion for Rehearing is granted. Motion for Rehearing is due February 14, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
02/04/2022Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of M1 Support Services, LP.
01/22/2021Petition for Review disposedDenied
01/21/2022Court approved judgment sent to attorneys of recordIssued
01/21/2022Opinion issuedCourt of Appeals' judgment reversed; cause remanded to trial court The Court reverses the court of appeals' judgment and remands the case to the trial court. Justice Bland delivered the opinion of the Court.  (Justice Young not participating)
(1/21/2022 11:48:07 AM) 200270.pdf, 20-0270.jmt.pdf
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
04/04/2022Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Boone, Dylan MorganPetitionerMr. James H. Furman
Mr. Stephen I. Vladeck
Mr. Kevin Mahoney
Francis G. Fleming
Preston, Nicole Van DornPetitionerMr. Kevin Mahoney
Francis G. Fleming
Mr. Stephen I. Vladeck
Mr. James H. Furman
M1 Support Services, L.P.RespondentMr. S. Vance Wittie
Mr. George McCall
Snyder, AmyPetitionerFrancis G. Fleming
Mr. Kevin Mahoney
Mr. James H. Furman
Mr. Stephen I. Vladeck
Collins, CheyennePetitionerMr. Kevin Mahoney
Francis G. Fleming
Mr. Stephen I. Vladeck
Mr. James H. Furman
Court of Appeals Information:
Affirmed  
628 SW3d 300, 03-05-20 
2nd Court of Appeals 
Honorable Dana Womack 
Trial Court Information
393rd District Court 
Denton 
Honorable Douglas M. Robison 
16-00046-393